3.4.6. The steam turbine governing valve is controlled by the MHI TCP via the Woodward 505. The electric signal of 20-160 mA from the governor is transmitted to E/H converter in the amplifier (AMP) where the electrical signal is converted into the mechanical signal (i.e. the angular displacement of the E/H converter output lever which is proportional to the electric signal).
3.4.7. As shown in the Steam Turbine Control Block Diagram (Appendix A-2), the DCS has direct control of the HP (HPBV) and LP (LPBV) steam bypass valves and the induction steam control valve (ICV).
3.4.8. The Mitsubishi Electric AVR (Excitation) Cubical consists of redundant MEC-600-CU1 AVR units and various relays,
distributors & isolators. This system is to be completely replaced with redundant OCR1100-based control (Emerson
Ovation Excitation System) as outlined in Appendix A-8.
4. GENERAL DESCRIPTION OF THE NEW CONTROL SYSTEM
4.1. General
4.1.1. The System shall have direct interface suitable for existing turbine devices and instruments. The new system shall have the modules required for turbine control, including speed measurement and valve interface.
4.1.2. The System shall have a common integrated hardware platform across BOP, HRSG, CTG, and STG controls. With a common
engineering tool across BOP, HRSG, CTG, and STG controls.
4.1.3. The System shall be provided with a minimum of 25% usable spare computation capability, memory, logic block capacity, and display block capacity in the most heavily loaded control processor, with point dead bands set to no greater than 0.5% of span.
4.1.3.1. 4.1.3.2.
4.1.3.3. System shall have redundancy at CPU, network,
and HMI level.
No external devices or signal conditioners are
permitted.
Sequence of Events (SOE) modules are required for
all critical digital 10, at minimum all current DCS
SOE points will be configured for high speed
sequence of events recording and reporting.
Amendment No. 1 to AgreemenUEmerson Process ManagemenUExhibit A Rev. 10/25/19
4.1.4. 4.1.3.4.
4.1.3.5. 4.1.3.6.
4.1.3.7. Start permissive and trip displays for easy
troubleshooting.
All Interlocks, Permissive, Runbacks, Holds shall
have a detailed graphics display listing the status of
each input or condition to the function.
All system multi point interlocks and trip functions
shall have a detailed status listing, including a First Out for trip functions.
Overrides (enable/disable) for interlocks with
override status and alarm functions. Critical system
protection shall not have overrides. City and
Contractor to determine points.
Steam and Gas Turbine Specific Functions
4.1.4.1. 4.1.4.2.
4.1.4.3. 4.1.4.4.
4.1.4.5. 4.1.4.6.
4.1.4.7. 4.1.4.8.
Unit operation maintenance summary with
equivalent Hours and starts counters calculations.
Automatic turbine trip reports. System shall have
high speed data recording capable of recording
selected critical values, digital and analog, at 1 Oms
(or less) resolution for use in post-disturbance
analysis. The automatic trip reports shall go back
for at least 1 minute before the event and 1 minute
after. The logs shall be automatically archived onto
the Historian hard drive.
Update time for variable geometry and other critical
control loops shall be 10ms or less.
Speed detection and over speed trip functions shall
be 1 Oms or less.
Over speed test functions from HMI screen.
Valve and variable geometry calibration from HMI
screen.
Manual bias of water injection for improved NOx
control.
Fully integrated Ovation Excitation Control including
all required hardware and software
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit A Rev. 10/25/19
4.1.5. In addition, controller shall have communications modules for interfacing with industry standard protocols used with devices like protection relays, CEMS, RTUs, Fire & Gas systems, vibration monitor, DCS etc.
4.2. Redundancy and Fault Tolerance
4.2.1. 4.2.2.
4.2.3. 4.2.4.
4.2.5. 4.2.6.
Redundancy shall be provided for, but not limited to, the following.
4.2.1.1. 4.2.1.2.
4.2.1.3. 4.2.1.4.
Processors
Power supply - Incoming
Power supply - System
Communications (internal, data highway, HMI
communications)
All processing equipment shall be fully redundant (primary and backup). Redundant backup equipment shall be dedicated to the backup of specific equipment on a one-to-one (1 +1) basis (active/active resilience level}. Floating backup, where one set of equipment can backup two or more pieces of equipment, is not considered reliable and is not permitted.
Upon detection of a fatal failure in the primary equipment, the backup equipment shall assume operation in a bumpless
fashion. This condition shall be alarmed. Transfer of control back to the primary equipment will require deliberate manual reset.
For normal operations, the backup equipment shall have parallel access to the system and continuously update while in the backup state. The intent is to maintain the status of the backup equipment current so that transfer of information from the failing primary controller is not required.
The ability shall exist to download to the primary processor to facilitate the testing of new code prior to the backup processor being updated.
When peer-to-peer communication between controllers is
employed, there shall be no interruption in communication upon transfer of either the primary processor to its backup, transfer of a backup processor to its primary, or during data highway faults.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit A Rev. 10/25/19
4.3. Operator Stations
4.3.1. Total operation and monitoring of the plant shall be through the SCADA/HMI Operator Terminals (OTs). The following functions shall be possible from any OT:
4.3.1.1. 4.3.1.2.
4.3.1.3. 4.3.1.4.
4.3.1.5. 4.3.1.6.
4.3.1.7. 4.3.1.8.
Selection of automatic, cascade and manual
operation and the adjustment of set points, bias
settings, and limits.
Motor start/stop and valve open/close control.
The ability to enable, disable, and acknowledge
alarms.
Monitor all analog and discrete points in the system.
Access details for every displayed analog and
discrete point in the system. Ability to access logic
diagrams from point selection.
Create trending displays and observe trended
information.
Calibrate and tune the system from a password
protected environment.
Operate interactive graphics displays from a
password protected environment.
4.3.2. The Control Room shall have a total of sixteen (16) operator display screens. This should be accomplished by four quad screen OT stations. One OT station will have two standard displays (30") and two large format (55" HDMI Input) displays, all other display screens shall be 30" LCD monitors.
4.3.3. The Auxiliary Power Enclosure (APE) CTG OT local stations.
The new system shall incorporate a single desktop dual monitor operator OT station and a single desktop dual monitor EWS station with both CTG 1 &2 integrated, instead of the
independent TCP panel mounted stations. The TCP panel
mounted screens shall be removed and have a blanking plate installed. Alternatively two (2) dual monitor combination OT and EWS stations may be utilized. The remote APE stations shall be locked to view only mode by password protected security by default. See Appendix A-4 for a general OT and EWS layout.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit A Rev. 10/25/19
4.4. Engineering Work Stations
4.4.1. 4.4.2.
There shall be at minimum three (3) dual monitor Engineering Work Stations (EWS), one at each of the following locations.
4.4.1.1. 4.4.1.2.
4.4.1.3. Server Room (new next to Main Control Room).
l&C Office.
Auxiliary Power Enclosure (as described above).
Each EWS will have the ability to develop, edit and monitor all processors (Logic), processor/interface modules (FOi), and SCADA/HMI stations. The l&C office EWS shall ability to remotely connect to and configure the Domain controllers, Historian and the OPC data servers.
4.5. OPC Servers
There shall be redundant OPC servers for the plant Pl system. The OPC servers shall be independent of the SCADNHMI system. The OPC server shall have separate Ethernet connections for the control system and the plant Pl interface.
4.6. Historian
4.6.1. 4.6.2.
The System shall include redundant historians for gathering, analyzing, and reporting plant information. The historian shall be specifically designed to support plant operations. The historian shall be an integral component of the control system; third party add-on historians or data management systems are not acceptable.
The data historian shall reside on the control system network and provide mass storage into which process values, alarms, sequence-of-events, calculated values, and operator actions shall be archived. The historian shall utilize a dead band compression technique to store information without impacting the fidelity of retrieved data. Trend data will be readily available to plant personnel via defined trend displays, menu driven functions, and ad hoc queries; any point in the system can be trended simply by assigning that point to a new or existing trend display. Personnel shall be able to define and save trends for groups of variables in which they are interested in situations where, for example, there are operational abnormalities meriting investigation.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit A Rev. 10/25/19
4.7. Domain Controllers
Domain controllers shall be utilized to facilitate central operator logon credentials. There shall be redundant domain controllers; optionally a system to facilitate central operator logon credentials.
5. EQUIPMENT SPECIFICATIONS
5.1. The OTs shall be completely self-contained and independent. The OTs will utilize PCs, minimum 30" LCD monitors, QWERTY type keyboards and laser mouse pointing devices. A total of five (5) quad monitor OTs will be provided and three (3) dual monitor EWS stations. Four (4) OT stations will be located in the control room and one (1) will be located in the Auxiliary Power Enclosure (APE). The APE OT station will share two (2) monitors with one (1) of the EWS stations.
5.2. Video screen displays, including interactive graphics, shall be fully displayed and operative on the video screen in two seconds or less. All displayed data shall have been actually measured at the input terminations within two seconds or less.
5.3. Any operator-initiated control action, whether requested by the keyboard or mouse shall be executed within one second or less. Confirmation that an operator action has been executed shall be displayed on the video screen within two seconds or less. Execution and confirmation to an operator action shall not be slower due to high system activity, such as an alarm avalanche during a process upset.
5.4. Operator workstations shall be provided with a means of controlling access to the system by means of a password. The functions that are accessible without invoking security shall, in general, include auto/manual selection, set point and bias adjustment (within limits) and control drive positioning.
5.5. The City has standardized on Dell for computers and monitors. The Dell computers specified herein provide minimum system requirements
5.6. Control Room and Auxiliary Power Enclosure Operator Stations
5.6.1. Contractor shall coordinate with the City in the design, procurement and installation of new control stations for the main control room and the addition of a station in the auxiliary power enclosure. The new stations shall incorporate monitor support (2 high), cable management, networking devices and computer placement.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit A Rev. 10/25/19
5.6.2. There shall be three (3) distinct sections in the main control room. The new station in the auxiliary power enclosure shall be a combined OT and EWS station.
5.7. Computers, Servers and Monitors
5.7.1. 5.7.2.
5.7.3. The operator stations and engineering work stations shall be Dell Precision Workstations, with a minimum of 32 GB of RAM, redundant solid state hard drives (minimum 256 GB), Raid 1, two or more NIC's and redundant power supplies. All stations will have Windows 10 or greater operating system and come with Microsoft Office Professional.
5.7.1.1. 5.7.1.2.
5.7.1.3. 5.7.1.4.
The four (4) OT's in the Control Room are to be rack
mounted Dell Precision Workstations with IP KVM
system.
The Server Room EWS shall also be a rack
mounted Dell Precision Workstation with IP KVM.
The Auxiliary Power Enclosure OT and EWS
stations shall be tower Dell Optiplex Workstations.
The l&C Office EWS station shall be tower Dell
Optiplex Workstation.
All server shall be Dell PowerEdge Servers, redundant power supplies, hot pluggable redundant hard drives. Separate hard drives for backups and data storage.
All display screens shall be Dell UltraSharp 30" monitors, with the exception of the two large format (55" HDMI Input) displays.
5.8. IP Based KVM Switching System
All control room OT's and EWS shall utilize IP based KVM system. The KVM system shall use separate redundant networking equipment and switches from the main control system network. The system shall have the capacity to integrate the City's other control system computers and monitors. See Appendix A-4 system diagram. Although the system diagram shows local work stations for the OT's, this is for visualization only.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit A Rev. 10/25/19
5.9. Printers
Dedicated printers shall be provided for the following services:
5.9.1. 5.9.2.
5.9.3. 5.9.4.
5.10. Network
One (1) color laser-jet type, engineering workstation printer capable of printing on 11"x17" paper, to be located near the EWS.
One (1) color laser-jet type, operator terminal printer capable of printing on 8.5"x11" paper, to be located in the Control Room.
All printers shall have Ethernet connectivity built in.
All printers shall be provided with sufficient noise silencing to be compatible with control room operations.
5.10.1. Contractor shall provide new network switches that are integrated with the overall security program. The control network shall be an isolated network with a DMZ zone for external connections. It is expected that Contractor will provide a comprehensive security system. See System Security
section.
5.10.2. All control system network connections between workstations, processors, and 1/0 modules shall be redundant. Routing for redundant networks will include separate cables and routes (when possible) for redundant pairs.
5.10.3. All network equipment will be located locally to the control system equipment, and internal to the control system cabinets and server room located next to the control room.
5.11. Processors
5.11.1. The process controllers shall be provided with fault tolerant redundancy. The control system processors shall be complete with a redundant data highway communication interface, and mounted in ventilated enclosures.
5.11.2. Processor capability shall be such that operation is not impacted during any condition with loop execution time set to 250ms or less for all loops.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit A Rev. 10/25/19
5.12. System Power Supply and Distribution
5.12.1. The power provided for the control system shall be two 120 VAC UPS feeds. All required power supply modules for
processor and 1/0 power shall be furnished with the system.
Contractor shall distribute this power, as required, within the cabinets, with appropriate regulation, circuit protection and wiring.
5.12.2. Power supplies shall be provided in 1+1 redundancy configuration. The failure of any supply shall be alarmed. Both of the redundant supplies shall be diode shared, or another suitable redundant method, such that failure of any supply shall not cause a power interruption to any portion of the system.
Power supplies shall be capable of being removed and/or replaced on line.
5.12.3. Power supply loading shall be below 75% at time of system shipment (including anticipated spare 1/0 loading). Loading calculations shall be furnished for review.
5.12.4. Engineering and operator workstations and computer monitors shall be provided with 120 VAC UPS power.
5.12.5. All I/O power shall be monitored and alarmed when failed. The current ABB system has one (1) discrete input dedicated per input module to indicate input power is available. When this input is false, a module power monitor alarm is generated.
5.12.6. Any cabinet containing "processors" or isolated 1/0 in a separate location shall be provided with a high cabinet temperature alarm. An analog temperature sensor will be used for this purpose. The control system will continually monitor and record this temperature.
6. SYSTEM SECURITY
6.1. The System shall provide enhanced protection for secure, reliable and efficient plant operation without disruption.
6.2. Al a minimum, the integrated security suite shall include the components and/or functions detailed below. The security suite must include the appropriate infrastructure hardware and network equipment to host the suite in its own security DMZ while connecting to multiple process networks.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit A Rev. 10/25/19
6.2.1. 6.2.2.
6.2.3. 6.2.4.
The System shall employ user accounts with password
protected access. The System shall have a centralized operator logon credentials and password management.
Antivirus - Centrally monitors and manages antivirus status and activity, delivers validated monthly antivirus signature updates and notifies or reports detected infections by date and antivirus signature version status. Control System OEM validated
solutions are preferred and must be approved by City.
Patch Management - Security patch management to facilitate deployment of patches, assess vulnerabilities and streamline documentation. Control system OEM validated solutions are preferred and must be approved by owner.
System Backup and Recovery - Image based backup solution that supports universal restore capability to execute scheduled, event triggered or manual backup schemes. Aids recovery from a disaster. Restore workstations and servers. Control system OEM validated solutions are preferred and must be approved by City.
7. TECHNICAL REQUIREMENTS
7.1. System Configuration
7.1.1. 7.1.2.
7.1.3. The System shall be configured, calibrated, tuned and modified using workstations with appropriate security to prevent unauthorized changes. It shall not be necessary to use a host computer, or other peripheral device, to configure the System.
The control functions will reside in dedicated redundant microprocessor-based devices that shall be as functionally independent of each other as practical. Peer-to-peer
communication via the data highway between all control devices shall be provided.
Functional diagrams shall be per ANSI/ISA-5.1-1984 (R1992), ANSI/ISA-5.2-1976 (R1992), or City approved equal. Contractor shall supply all the system engineering and hardware needed to constitute a fully integrated, complete, and operable startup, shutdown, and on-line control system whether or not specifically detailed.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit A Rev. 10/25/19
7.1.4. 7.1.5.
7.1.6. 7.1.7.
7.2. Graphics
7.2.1. 7.2.2.
During transient conditions causing deviations of process variables, the System shall not permit deviations that exceed the specifications set by the manufacturer of the process equipment being controlled. In no event shall the performance of the System become the limiting factor on unit
responsiveness. The System shall be capable of producing smooth load changes without overshoot unless these changes are not achievable because of plant equipment limitations.
The System and components shall be designed to react with a predictable and safe response in the event of a voltage dip or spike.
Configuration and interlocks shall be provided to ensure that systems are placed in operation and automatic mode in a safe sequence. Unsafe combinations of automatic and manual
modes shall be prohibited.
Wherever control limits, blocks, lock-ups or other overrides are imposed, the affected controllers shall track the occurrence and will discontinue integration (anti-reset windup provided). When the override is removed, the controls shall be balanced to the existing process and shall immediately resume normal control without causing improper movement of the control drive.
Process graphic displays, trend displays, faceplate displays, and permissive displays that show the status of system
interlocks shall be included. Faceplates shall also be included as pop-up windows on the process graphic displays. All current process graphics will be reproduced - approximately 110 main graphics screens, not counting alarms summary, face plate, and system status screens.
7.2.1.1. 7.2.1.2.
7.2.1.3. 7.2.1.4.
DCS: 68 main display screens
GT-1: 18 main display screens
GT-2: 18 main display screens
New: 7 New screens
The City will provide new startup and overview screen layouts to facilitate the integrated system startup and monitoring.
Contractor shall provide suggestions and examples.
Amendment No. 1 to AgreemenUEmerson Process ManagemenUExhibit A Rev. 10/25/19
7.2.3. 7.2.4.
7.3. Trending
7.3.1. 7.3.2.
7.3.3. In addition to the process graphic displays, it is expected that system status (loop, 1/0, processors, power status, etc.), alarm summary, disabled/inhibited alarms, trends, interlock,
permissive and general information screens and pop-ups will be developed.
All displays (including loop tuning, trends, and graphics) shall be available at the operator station and engineering work station.
All video screens will be capable of displaying color interactive graphics.
The operator stations and the engineering workstation shall be capable of displaying trends of any combination of values in the system.
Trending capabilities shall include the following features:
7.3.2.1. 7.3.2.2.
7.3.2.3. 7.3.2.4.
The ability to pan and zoom.
Both time and variable amplitude grids and a display
of the digital value of the trended variables.
Current time display in hours, minutes, and seconds
to the most recent trend update.
Cursor time display in days, hours, minutes, and
seconds when displaying historical data during
scrolling.
Up to eight (8) trends per page with operator capability to mask or change trend plots to focus on specific trends.
7.4. Alarm Reporting and Logging
7.4.1. 7.4.2.
Alarms shall be generated in the event of any difficulty (problem) with any part of the control system including, but not limited to, all parts of the data highways, file servers, work stations, processors, power supplies, and input or output cards (even if the system recovered from the difficulty).
Process alarms shall be assignable for every variable in the database. Any one of three levels of alarm severity shall be assignable to every variable, or the alarm can be suppressed.
The system shall have filters that can filter alarms by priority or by function group. A suppressed and/or disabled alarm
graphics display page and a report function shall incorporated.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit A Rev. 10/25/19
7.4.3. 7.4.4.
7.4.5. Indicated alarms shall have at a minimum three levels of presentation, with Priority 1 being the highest priority and lower priority level increasing in number. All system alarms shall automatically be the lowest priority alarms. Each of the priority alarm levels shall show up as a different color on the LCD display. All alarms shall be reported on the alarm printer.
Three alarm categories shall be available: unacknowledged alarms, alarm history, and alarm list (only those alarms still in alarm).
The displays shall allow a single keystroke for acknowledgment of the most recent alarm and silencing the horn. The alarm summary screen shall allow for page acknowledgement of all active alarms.
7.5. Alarm Generation
7.5.1. 7.5.2.
7.5.3. 7.5.4.
7.6. Logs
High and low process alarms shall be available to be assigned to each analog input and calculated process variable without the need for additional equipment or without affecting system throughput.
Alarm setpoints shall be stated in the engineering units of the process variable to which it is assigned.
An individually set and selected hysteresis dead-band shall be provided for each process alarm. The process variable must return past the alarm setting by the value of the dead-band before the alarm is returned to normal.
The most current alarm shall appear at the top of the alarm display screen. When the alarm screen is activated the actual alarms shall display automatically.
The system shall provide status logs, sequence logs, engineering logs, and operations logs. The logs must capture all changes to the system, including development changes.
7. 7. Action on Loss of Power
The system design shall recognize that full or partial loss of power can occur. Loss of power, or its restoration, shall not cause spurious motion of any control drive. The system shall allow the user to configure outputs to fail in place, fully open, fully closed, or in some intermediate position.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit A Rev. 10/25/19
7.8. System Diagnostics
7.8.1. 7.8.2.
System diagnostics shall be provided as an integral part of the control system. Automatic recognition and location of
instrumentation and control (l&C) faults shall be available at the engineering and operators workstations. Fault alarms shall be for each device fault. The system shall locate and graphically display the fault location down to the 1/0 point level.
In addition to system fault detection, system hardware
components status shall be available to indication performance parameters including cycle times, operating states, space occupied, and buffer memory.
7.9. Data Highway
7.9.1. 7.9.2.
7.9.3. 7.9.4.
The data highway will utilize redundant Ethernet networks, via 100 megabit/second (fast) Ethernet, at a minimum, utilizing commercial off the shelf (COTS) component. Each data
highway shall be functionally redundant to the extent that any single point of failure shall not cause partial or total control system failure. Redundant cabling shall utilize separate cables, routed in separate conduits (when available).
Highway speed and access time will be such that any operator action will be executed in 1.0 second or less under upset as well as steady state conditions. Contractor shall confirm the guaranteed response time under all operating conditions including an alarm burst of 1000 process variable alarms occurring within 2 seconds.
The failure of any station on the highway to respond shall not inhibit communication between all remaining stations. Back-up controllers, where provided, shall assume all communication functions, including peer-to-peer. This condition shall be alarmed. If data from the failed station is used for control or alarm in another station, appropriate protective action shall be incorporated into the system logic to avoid incorrect control action.
Diagnostics shall continuously monitor the status of the data highway. Failure of the data highway path to communicate with any station on the highway shall be alarmed.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit A Rev. 10/25/19
8. INPUT AND OUTPUT MODULES
All currently installed active and spare 1/0 will be accommodated (see Appendix A- 1 ). Contractor shall provide 5% to 10% installed spare of each unique type of 1/0.
Spare calculations shall be rounded up to the next highest whole point count.
Spare 1/0 shall be calculated by location (PCU, panel grouping). For example, the current ABB DCS is distributed into 7 PCU's, the spare calculation shall be per PCU per 1/0 type. Large 1/0 count locations may be reduced to 5% spare points.
While a panel with only one 16-point analog input card shall have 2 spare points,
1.6 points rounded up to 2 points. In some cases, the ability (physical space, system capacity) to add a new 1/0 card shall be considered satisfactory spare capacity. Each case of less than 10% spare capacity must be identified by the Contractor and approved by the City.
8.1. Analog Inputs
8.1.1. The minimum accuracy of the analog to digital conversion shall be 0.1 % of span with a bit resolution of 12 bits plus sign.
8.1.2. Common mode rejection of the analog inputs shall be 90 dB at 60 Hz or greater. Normal mode rejection of the analog inputs shall be 35 dB at 60 Hz or greater.
8.1.3. All inputs shall fully meet the transient surge protection requirements of ANSI/IEEE C37.90, including the requirement that no false or spurious actions will occur.
8.2. Thermocouples
8.2.1. The accuracy of the analog to digital conversion shall be 0.1 % of span or better. Analog to digital conversion shall be at least 12 bits plus sign.
8.2.2. Cold junction compensation will be incorporated at the first point of termination, if external terminal blocks are used.
8.2.3. Resistance Temperature Detectors (RTDs)
8.2.4. The accuracy of the analog to digital conversion shall be 0.1 % of span or better. Analog to digital conversion shall be at least 12 bits plus sign.
8.3. Discrete Inputs
8.3.1. Discrete inputs shall meet the surge withstand requirements of IEEE-472, including the requirement that no false or spurious action will occur.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit A Rev. 10/25/19
8.3.2. 8.3.3.
In the input cabinets, visual status indication, such as an LED, shall be provided for each discrete input.
Means shall be provided to eliminate the spurious effect of contact bounce. Contractor shall state the means employed to accomplish this while still maintaining a 1-millisecond resolution.
8.4. Discrete Outputs
8.4.1. 8.4.2.
8.4.3. A visual status indication, such as an LED, shall be provided for each discrete output. All outputs shall be individually fused, or utilize relay contacts with a separate, fused, power supply. The loss of one channel, due to short or ground, will not cause the loss of the entire card or system power supply.
Discrete outputs shall meet the surge requirements of IEEE- 472.
Fail-safe features required on discrete outputs include a configurable option to fail open or fail closed on a loss of communication with the control processor. Internal circuit protection for output modules shall be provided such that a fault on one output does not cause other outputs to fail.
8.5. Analog Outputs
All analog outputs shall be short-circuit and open-circuit protected and may be grounded or ungrounded.
9. DOCUMENTATION
Operations, maintenance manuals, engineering drawings, diagrams and configuration data.
9.1. Operations Manual
9.1.1. Contractor shall provide a detailed operation manual or series of manuals by system. Operation manuals shall include the
following as a minimum:
9.1.1.1. 9.1.1.2.
9.1.1.3. Startup, shutdown and normal operation steps and sequences.
Setpoints, alarms, permissive, interlocks and
shutdowns (trips).
Control algorithms and sequences.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit A Rev. 10/25/19
9.1.2. 9.1.3.
9.1.4. In general, all control system functions shall be explained.
Basic logic diagrams shall be used to explain complex control algorithms. All alarms, permissives, setpoints, conditions and resulting action shall be clearly defined by the use of charts, tables and descriptions.
The operations manual does not need to include basic theory of operations or software general procedures. It is assumed that the operations personnel are qualified in HRSG, BOP, CTG, STG and general plant operations. What is required is a site specific control system description used to operate and trouble shoot plant operations. Control system logic will not substitute for basic logic diagrams. Actual logic includes software functions that are not required to explain operation functionality.
There may be two documents produced, i.e. Operations Manual and Control System Specification, as long as all operational sequences, limits, time delays, curves, and alarms, interlocks, permissives conditions and setpoints are detailed.
The Operations Manual and Control System Specification shall be submitted as part of the "System Factory Test and
Demonstration" documentation. This will be utilized by the City as part of the factory acceptance testing.
9.2. Electrical System Schematics and Drawings
9.2.1. 9.2.2.
An electrical system schematic(s) shall be provided to aid in the wiring of the system as well as troubleshooting of the system once installed. Detailed drawings of all internal panel connections shall be provided. Detailed external connection drawings (1/0) with final device connections, tag numbers, descriptions and cable numbers. All panel to panel connections will show detailed terminations shown, i.e., new steam turbine controller connections to the Generator Control & Protection Relay Panel. Final point terminations to other panels shall be identified and have the relevant vendor drawing numbers identified.
Contractor shall provide as an option complete detailed loop drawings showing all intermediate connections, i.e., junction boxes and panels.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit A Rev. 10/25/19
9.3. Configuration Data
Configuration (programming) data sheets shall be completely filled and supplied with the hardware when it is shipped. All site specific hardware configurations (i.e. jumpers, dip switches, shunts) shall be included in the documentation. The City understands that these may change slightly during the commissioning of the system and that Contractor will supply updated data sheets after the commissioning.
9.4. Owner Drawings
9.4.1. 9.4.2.
Contractor shall work with the City to carefully mark up all points where the System interfaces with the City's electrical and hydraulic drawings and show where any changes have been made to the present system.
Contractor shall take existing paper drawings and provide updated CAD drawings based on revisions and information provided by City.
9.5. Installation Manuals
Contractor shall provide three (3) sets of installation and operation manuals. These manuals are to be included with the hardware shipment to the City. These manuals are to be supplied with marked locations where the final drawings are to be inserted after final commissioning.
Each manual shall be a hinged, D-Ring type binder with numbered index tabs. Each of these manuals shall include (or include locations as noted above) at least the following data:
9.5.1. 9.5.2.
9.5.3. 9.5.4.
9.5.5. 9.5.6.
9.5.7. 9.5.8.
An easy to follow contents of enclosures
A material listing of all supplied items with manufacturers part numbers
A system description of operation
Operations and maintenance manuals of all vendors' products used for the project
Mechanical demolition drawings
Mechanical assembly drawings
Electrical system schematic
Control configuration (programming) data
Amendment No. 1 to AgreemenUEmerson Process ManagemenUExhibit A Rev. 10/25/19
9.6. Network Drawings
9.6.1. 9.6.2.
Contractor shall provide a control system network drawing that shows all required cables and the appropriate cabinet
terminations. Overall system connectivity drawings shall be provided for all ethernet, data highway, remote 1/0 or any other type of network, showing location to location and detailed point connections.
A combination of drawings and configuration sheets shall be provided including all relevant data, i.e., IP addresses, computer names, switches, security devices, etc.
9.7. Drawing Format
Drawings are to be supplied on paper, electronic printable copies (e.g., PDFs) as well as the native editable format (e.g., AutoCAD native *.dwg file). Acrobat PDF files are not acceptable as an editable format.
10. FURNISHED BY THE CITY
The following will be provided by the City:
10.1. All conduit and wiring between field devices and control panel mounted equipment and control system terminations for the currently installed system.
10.2. Electric power, both line AC and UPS. Input power to the control systems will be 120 VAC UPS.
10.3. Heating and air conditioning of the room housing the control equipment.
10.4. Any additional fiber optic cable runs required for the DCS network or serial link.
11. FURNISHED BY CONTRACTOR
Contractor shall provide the following:
11.1. All control system hardware and software as required to meet this Scope of Services.
11.2. Demolition of existing control cabinet equipment that will no longer be used. Equipment will be stored on site.
11.3. All control system interconnecting cables, pre-assembled or bulk, as well as any required connectors, etc.
11.4. All equipment and tools required for installation and repair.
Amendment No. 1 to AgreemenUEmerson Process ManagemenUExhibit A Rev. 10/25/19
11.5. Hardware design and configuration.
11.6. Staging, testing, and demonstration of the entire system.
11.7. As-built documentation, including loop drawings (field device to the control system terminal), revised electrical drawings, and control system layout drawings. All drawings to be provided in vector (native file) and raster (PDF, etc.) format.
11.8. The installation, testing, and commissioning of all equipment, including power connections and the termination of field devices.
11.9. Three hard copies and one soft (CD) copy of all documentation and instruction manuals.
11.10. Project management and expediting services required for achieving the requirements of this specification.
11.11. Startup spare parts required to support commissioning.
12. APPLICABLE CODES AND REFERENCES
Pertinent sections of the latest issue of the following codes and standards are provided as references.
12.1. ASME - American Society of Mechanical Engineering
12.2. IEEE - Institute of Electrical and Electronic Engineers
12.3. !SA- Instrumentation, Systems, and Automation (ISA) Standards and Practices
12.4. ANSI/NEMA ICS6 - Enclosures for Industrial Controls and Systems
12.5. ANSI/IEEE C37.90 - Guide for Surge Withstand Capability (SWC) Tests.
12.6. SP51.1 - Instrumentation Terminology
12.7. SP5.1 - Instrumentation Symbols and Identification
12.8. ITS 90 Conversion Tables for Thermocouples.
12.9. NEMA - National Electrical Manufacturers Association
12.10. WECC --Western Electricity Coordinating Council
12.11. ANSI/ISA18.2-2016, EEMUA 191-3rd edition, and IEC 62682-2014 Amendment No. 1 to Agreement/Emerson Process Management/Exhibit A Rev. 10/25/19
12.12. NFPA 70-2017 National Electric Code
12.13. IEEE PSS2B- Power System Stabilizer Algorithm
12.14. North American Electric Reliability Corporation (NERC) VAR501- WECC-3.1 R3 - Power System Stabilizer
13. ENVIRONMENTAL
The System shall meet the following environmental conditions:
13.1. Ambient temperature: 32°F-122°F (0°C- 50°C)
13.2. Temperatures greater than 50°C shall require an air conditioning system
13.3. Humidity: 5% to 95%, non-condensing
14. EXECUTION
14.1. Project Management and Engineering
14.1.1. Contractor shall assign a Project Manager (PM) to lead the tasks for the Project. The PM shall be the primary person communicating with the City and keeping City fully apprised on the status and progress of the Project. The PM shall be responsible for project schedule updates, creation and
preparation of progress reports, adherence to project
scheduling, and general project coordination. The Project Manager shall develop a project implementation plan in
coordination with the City. Contractor shall execute the agreed upon implementation plain in accordance with the City's requirements and expectations.
14.1.2. The requirements and expectation shall be reviewed during project kick-off meeting to ensure all parties have a common understanding.
14.1.3. In addition to the designated Project Manager, Contractor shall assign a technical lead and other necessary personnel to support the project.
14.1.4. Contractor shall be responsible for directing the technical implementation of the Project and ensuring consistency and uniformity across the design and implementation phases by following the design agreed upon with the City.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit A Rev. 10/25/19
14.2. Schedule
14.2.1. The scheduled outage for installation of DCS Controls at site is November 2, 2019 and finish no later than December 15, 2019 (to be verified at kick-off and again prior to system shipment to site).
14.2.2. The scheduled outage for installation of three Generator Excitation Control Systems is May 3, 2021 and finish no later than May 14, 2021 with testing and acceptance no later than May 21, 2021.
14.2.3. Scheduled dates for kick-off, logic review, software freeze, Factory Acceptance Test (FAT), site mobilization, installation, commissioning, and testing will be finalized with the City, working back from the expected installation dates.
14.3. Commissioning Spares
Contractor shall provide the required spares necessary for commissioning of the System.
14.4. Factory Acceptance Test (FAT) and Demonstration
14.4.1. Contractor shall conduct a complete functional closed loop test of all the inputs, configuration, and control outputs of the automatic control portions of the system.
14.4.2. Inputs that are employed for data acquisition only (and not control) need not be 100% simulated. Contractor shall simulate a sufficient number of these inputs to exercise all of the multiplexing equipment.
14.4.3. The entire system, in its intended configuration, shall be staged at the principal manufacturing facility. All communication links shall be tested during the FAT with the support of the City.
14.4.4. Qualified technicians whose normal job function is to conduct such a test shall conduct the in-house test. Qualified engineer who has primary responsibility for the control system design will personally observe the test. The City's intent is that the test not be conducted in a local sales office or regional service center where sufficient experienced and trained personnel and test equipment would not be expected to be available, on a full-time basis, during the conduction of the test.
14.4.5. The entire control system configuration and all of the system logic shall be exercised and verified.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit A Rev. 10/25/19
14.4.6. Contractor shall provide sufficient time, test equipment, and trained personnel for the City to inspect and evaluate the total system. At least ten (10) full days shall be reserved for this demonstration. Contractor shall provide additional time, as required, at no additional cost.
14.4.7. In addition to a functional test, system performance shall be demonstrated. Among the items to be verified with respect to the specification are:
14.4. 7 .1. Response to a keyboard request.
14.4.7.2. Time to completely display an Engineer configured control display.
14.4.7.3. Action on loss of power and on power-up.
14.4. 7 .4. Fail over of control equipment.
14.4.7.5. Demonstration of the replacement of redundant equipment on-line.
14.4.7.6. Failure of either, or both, data highway paths.
14.4.7.7. Data highway loading test (see below)
14.4. 7 .8. Printout of all specified logs.
14.4.8. High Loading Test: Data highway speed and access time shall be demonstrated during extreme loading as in alarm burst of 1000 process variable alarms occurring within 2 seconds while data historian is polling all data at a 1 second archival rate.
14.4.9. At least four (4) weeks prior to the demonstration, Contractor shall submit a written test agenda and advise the City of the schedule.
14.4.10. Contractor shall submit a functional FAT test procedure with loop checking documents capable of witness initials, final signature, and comment section. Contractor shall also submit the Operations Manual and Control System Specification (see Operations Manual in the Documentation section). This will be utilized by the City as part of the factory acceptance test.
14.4.11. The FAT procedure shall include a variance document for changes or corrections.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit A Rev. 10/25/19
14.4.12. It is expected that Contractor will make minor adjustments and corrections that may be discovered during the demonstration.
However, if serious defects in design and performance are discovered, the demonstration shall be discontinued and the entire test shall be repeated at the Contractor's expense after the necessary corrections are made.
14.4.13. The equipment shall not be shipped until a successful demonstration has been completed.
14.4.14. Within two weeks after shipment of the system, Contractor shall transmit one complete set of prints and one reproducible set of the "as shipped" system, for use during installation and checkout.
14.4.15. Installation and Commissioning
14.4.16. An installation procedure document shall be submitted to the City for review prior to installation. The procedure shall include power isolation and a safe de-energization approach. The procedure shall also include power-up testing when terminations are complete. Procedure documents shall include loop testing forms that include individual loop data, cells for measured values of 0%, 25%, 50%, 75% and 100%, witness initials and final signature and comment section.
14.4.17. All loops will be verified for proper configuration and operation from the field device through the control system. All alarms and switches shall be verified and recorded during loop checks.
14.4.18. All testing documents and procedures shall be submitted for review a minimum of two weeks prior to the commencement of any task. A change procedure shall be provided by the
Contractor that documents the process and people capable of changes.
14.4.19. Contractor shall provide a field engineer with the capacity to fully oversee and control the system installation and testing.
14.4.20. Upon completion of the installation and the commissioning of the system, Contractor shall provide revised drawings that incorporate field startup corrections.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit A Rev. 10/25/19
14.5. Initial Startup
Contractor shall be responsible for overseeing the initial startup, including providing experienced personnel with the capacity to perform the initial startup while maintaining system process conditions within the OEM specifications. It is expected that out of tolerance conditions that could damage equipment will be prevented. Contractor will be responsible to meet these conditions:
14.5.1. That the initial parameters and tuning values are derived from previous experience with GE LM6000 Gas Turbines, MHI Steam Turbines, dual pressure HRSG's and the remaining BOP
equipment.
14.5.2. That all OEM control specifications, sequencing, protection, operational limits and interlocks have been tested and proven during commissioning.
14.5.3. That the operational process limits and time curves for warmup/cooldown requirements are met.
14.5.4. That there is on site support provided for at least five ten-hour days of final tuning and testing after the initial startup.
15. TRAINING
Training shall consist of the following.
15.1. One (1) week of on-site training for up to ten (10) operators.
15.2. Fifteen weeks of training at the factory for up to three (3) individuals to include:
15.3. System configuration and administration.
15.4. Logic programming.
15.5. Graphics building and editing.
15.6. Serial link configuration.
15.7. Security system configuration and updating.
15.8. System backup and recovery.
15.9. Training shall be available for up to 12 months after complete system shipment.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit A Rev. 10/25/19
16. FINAL SYSTEM ACCEPTANCE
The Final System Acceptance shall begin upon completion of the commissioning period after all errors have been corrected. The acceptance criteria shall include the following:
16.1. All new equipment has been installed by Contractor and verified by manufacturer's representative.
16.2. All necessary adjustments have been fully implemented.
16.3. The turbine control dynamics have been fully tuned to the turbine and its load.
16.4. All failsafe conditions verified.
16.5. All modes of operation tested, tuned and verified (speed loop, Megawatt loop, etc.).
16.6. All other supplied items are operating correctly.
16.7. Operators have been trained for proper operation.
16.8. Maintenance is fully informed on troubleshooting.
16.9. All documentation has been turned over and accepted by City.
16.10. Resolution of all corrective action items.
17. MAINTENANCE AND SUPPORT
17.1. Warranty
For a period of one year following Final System Acceptance ("Warranty Period"), Contractor shall warrant that the System will perform and operate in accordance with the functional requirements and specifications set forth in this Agreement. All inclusive costs, (parts, labor, repairs, Contractor travel time, Contractor expenses, etc.) covered by the warranty and incurred during the Warranty Period shall be provided without additional cost to the City.
17 .2. Maintenance and Support Services After Warranty Period
17.2.1. Contractor shall provide maintenance and support services for a period of no less than five (5) years after Final System Acceptance at City's cost.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit A Rev. 10/25/19
17 .2.2. Appendix A-7, SureService TM Customer Support Program, describes the various support programs offered by Contractor.
Contractor shall provide such support for as long as the City pays the applicable fees.
17.3. Service Availability
17.3.1. Service support network shall be available 24/7 for system support if City purchases the SureService ™ support.
17.3.2. Contractor shall provide online access to manuals, technical notes, software updates, and user groups.
17.3.3. Contractor shall provide on-site services within seventy-two (72) hours of initial request for support, if phone support is deemed fruitless.
17.4. Additional Products and Services
Contractor shall provide additional products and services as may be required by the City at the rates set forth in Exhibit B.
18. PRODUCT OBSOLESCENCE
18.1. Contractor must maintain and manage product obsolescence for the System.
18.2. All control systems shall be backward compatible.
Amendment No. 1 to AgreemenUEmerson Process ManagemenUExhibit A Rev. 10/25/19
Abbreviation Description
APPENDIX A-1
1/0 COUNTS
Distributed Control System
DC Motor Starter
Excitation Cubicle
DCS
OMS
EXC
GBC
GCRP
Local
MCC
TCP
TGB
AMP
Generator Circuit Breaker Cubicle
Generator Control & Protection Relay Panel
Local Device
Motor Control Center
Turbine Control & Protection Panel
Turbine Local Gauge Board
EIH Converter & Amplifier
1. DCS ALL
Total Capacity
(Modules) (Module)
ABB DCS
Location: All
Analog Input Modules - 35 16
Universal mA, VDC, RTD, TIC
(16 Point)
mA /4-20)
TIC(Type Kl
TIC /Tvpe E)
RTD
Analog Input Modules - mA, 26 15
VDC (14 Point)
Analog Output Modules (14 13 14
Point)
Digital Input Modules (14 67 14
Point)
Digital Input Modules High 12 14
Speed, Time-Synch, SOE (14
Point)
Digital Output Modules (16 38 16
Point)
Pulse Input Module (Speed 2 8
PIU)
Capacity
(Points)
560
390
182
938
168
608
16 Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-1 Rev. 10/25/19
Used Al
(Points) Type
/Total)
400
198
47 128
27 257
95 665
113
291
3
2. PCU-1: UNIT #1 HRSG
PCU-1: Unit #1 HRSG PCU Capacity Capacity
(Auxiliary Power Total (Module) (Points)
Enclosure) (Modules)
Cabinets - Processors & 1
Modules
Cabinets - Terminations 3
Processor's (Redundant 2
Pairs)
Processor's (FOi) 1
Analog Input Modules - 9 16 144
Universal mA, voe, RTD,
TIC (16 Point)
mA (4-20)
TIC (Type K)
TIC (Type E)
RTD
Analog Input Modules - mA, 8 15 120
voe (14 Point)
Analog Output Modules (14 3 14 42
Point)
Digital Input Modules (14 12 14 168
Point)
Digital Input Modules High 1 14 14
Speed, Time-Synch, SOE
(14 Point)
Digital Output Modules (16 8 16 128
Point)
Pulse Input Module (Speed 0 8 0
PIU)
Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-1 Rev. 10/25/19
Used Al
(Points) Type
(Total)
120
45 20
51 4
84 23
115
5 40
0
3. PCU-2: UNIT #2 HRSG
PCU-2: Unit #2 HRSG PCU Capacity Capacity
(Auxiliary Power Total (Module) (Points)
Enclosure) (Modules)
Cabinets • Processors & 1
Modules
Cabinets• Terminations 3
Processor's (Redundant 2
Pairs)
Processor's (FOi) 1
Analog Input Modules• 9 16 144
Universal mA, VOC, RTO,
TIC (16 Point)
mA (4-20)
TIC (Type K)
TIC (Type E)
RTO
Analog Input Modules• mA, 8 15 120
VOC (14 Point)
Analog Output Modules (14 3 14 42
Point)
Digital Input Modules (14 12 14 168
Point)
Digital Input Modules High 1 14 14
Speed, Time-Synch, SOE
(14 Point)
Digital Output Modules (16 8 16 128
Point)
Pulse Input Module (Speed 0 8 0
PIU)
Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-1 Rev. 10/25/19
Used Al
(Points) Type
(Total)
119
44 20
51 4
84 23
115
5 40
0
4. PCU-3: BOP
PCU Capacity Capacity
Total (Module) (Points)
/Modules)
PCU-3: BOP
Location: Auxiliary Power
Enclosure
Cabinets - Processors & 1
Modules
Cabinets - Terminations 1
Processor's (Redundant 1
Pairs)
Analog Input Modules - 2 16 32
Universal mA, voe, RTD,
TIC (16 Point)
mA (4-20)
TIC(Tvpe Kl
TIC /Tvpe E)
RTD
Analog Input Modules - mA, 2 15 30
VDC (14 Point)
Analog Output Modules (14 2 14 28
Point)
Digital Input Modules (14 7 14 98
Point)
Digital Input Modules High 1 14 14
Speed, Time-Synch, SOE
/14 Point)
Digital Output Modules (16 3 16 48
Point)
Pulse Input Module (Speed 0 8 0
PIU)
Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-1 Rev. 10/25/19
Used Al
(Points) Type
(Total)
12 11
0 1
0 4
10 53
3 13
0
5. PCU-4: STEAM TURBINE
PCU Capacity Capacity
Total (Module) (Points)
/Modules)
PCU-4: Steam Turbine
Location: Electrical Room
Cabinets - Processors & 1
Modules
Cabinets - Terminations 3
Processor's (Redundant 1
Pairs)
Analog Input Modules - 6 16 96
Universal mA, voe, RTD,
TIC /16 Point)
mA 14-20)
TIC /Tvpe K)
TIC (Tyoe E\
RTD
Analog Input Modules - mA, 1 15 15
voe /14 Point)
Analog Output Modules (14 1 14 14
Point)
Digital Input Modules (14 11 14 154
Point)
Digital Input Modules High 3 14 42
Speed, Time-Synch, SOE
(14 Point)
Digital Output Modules (16 7 16 112
Point)
Pulse Input Module (Speed 1 8 8
P/U)
Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-1 Rev. 10/25/19
Used Al
(Points) Type
/Total)
71 51
7 0
13 9
4 121
31 81
1
6. PCU-5: BOP
PCU Capacity Capacity
Total (Module) (Points)
(Modules)
PCU-5: BOP
Location: Electrical Room
Cabinets - Processors & 1
Modules
Cabinets - Terminations 3
Processor's (Redundant 2
Pairs)
Processor's (FOi) 2
Analog Input Modules - 6 16 96
Universal mA, VDC, RTD,
TIC (16 Point)
mA (4-20)
TIC (Tyoe K)
TIC (Type E)
RTD
Analog Input Modules - mA, 6 15 90
VDC (14 Point)
Analog Output Modules (14 4 14 56
Point)
Digital Input Modules (14 20 14 280
Point)
Digital Input Modules High 1 14 14
Speed, Time-Synch, SOE
(14 Point)
Digital Output Modules (16 9 16 144
Point)
Pulse Input Module (Speed 0 8 0
PIU)
Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-1 Rev. 10/25/19
Used Al
(Points) Type
(Total)
63 33
0 24
6 72
35 216
11 84
0
7. PCU-6: GAS COMPRESSOR
PCU Capacity Capacity
Total (Module} (Points)
(Modules)
PCU-6: Gas Compressor
Location: Gas Compressor
Building
Cabinets - Processors & 1
Modules
Cabinets - Terminations 1
Processor's (Redundant 1
Pairs)
Processor's /FDI\ 1
Analog Input Modules - 2 16 32
Universal mA, VDC, RTD,
TIC /16 Point)
mA /4-20)
TIC (Type Kl
TIC /Type E)
RTD
Analog Input Modules - mA, 1 15 15
VDC /14 Point)
Analog Output Modules (14 0 14 0
Point)
Digital Input Modules (14 3 14 42
Point)
Digital Input Modules High 1 14 14
Speed, Time-Synch, SOE
(14 Point)
Digital Output Modules (16 3 16 48
Point)
Pulse Input Module (Speed 0 8 0
P/U)
Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-1 Rev. 10/25/19
Used Al
(Points) Type
(Total)
7 6
0 1
0 4
0 33
14 33
0
8. PCU-7: SWITCHYARD
PCU Capacity Capacity
Total (Module} (Points)
/Modules)
PCU-7: Switchyard
Location: Duane
Substation Switchyard,
Relay House
Cabinets - Processors & 1
Modules
Cabinets - Terminations 1
Processor's (Redundant 1
Pairs)
Processor's /FD!) 1
Analog Input Modules - 1 16 16
Universal mA, voe, RTD,
TIC /16 Point)
mA /4-20\
TIC (Tyoe K)
TIC (Type E\
RTD
Analog Input Modules - mA, 0 15 0
VDC /14 Point)
Analog Output Modules (14 0 14 0
Point)
Digital Input Modules (14 2 14 28
Point)
Digital Input Modules High 4 14 56
Speed, Time-Synch, SOE
(14 Point)
Digital Output Modules (16 0 16 0
Point)
Pulse Input Module (Speed 1 8 8
PIU)
Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-1 Rev. 10/25/19
Used Al
(Points) Type
/Total)
8 8
0 0
0 0
0 12
44 0
2
9. GE MARK VI (UNIT #1 & 2)
Modules Module Points
(Total) (Points) (Total)
GE Mark VI (Unit #1)
Processor: All
Turbine Control Board 1
Analog Inputs 4 4
Trip Output (Relay) 3 3
Pulse Inputs (Speed P/U) 4 4
Servo Control Boards (2 Channels 2 2 4
per board)
Driver Outputs (1 dual output per 8
Channel)
Excitation Output (1 per channel) 4
LVDT Inputs (2 dual input per 16
channel)
Analoq Input 4 -- 72
Analog Output 3 -- 16
Thermocouple Inputs 1 -- 24
RTD Input 14 -- 68
Discrete Input 10 -- 176
Discrete Output 1 -- 16
Diqital Outputs (Relay) 7 -- 116
GE Mark VI (Unit #2)
Processor: All
Turbine Control Board 1
Analog Inputs 4 4
Trip Output (Relay) 3 3
Pulse Inputs (Speed P/U) 4 4
Servo Control Boards (2 Channels 2 2 4
per board)
Driver Outputs ( 1 dual output per 8
Channel)
Excitation Output (1 per channel) 4
LVDT Inputs (2 dual input per 16
channel)
Analog Input 4 -- 72
Analoq Output 3 -- 16
Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-1 Rev. 10/25/19
Points Points
(Used) (Spare)
0 4
2 1
4 0
4 0
8 0
4 0
16 0
34 38
11 5
11 13
54 14
110 66
2 14
65 51
0 4
2 1
4 0
4 0
8 0
4 0
16 0
34 38
11 5
Thermocouple Inputs 1 -- 24 11 13
RTD Input 14 -- 68 54 14
Discrete Input 10 -- 176 110 66
Discrete Output 1 -- 16 2 14
Digital Outputs (Relay) 7 -- 116 65 51
10. GE MARK VI (UNIT #1) - FUEL CONTROL (MARK VI)
Modules Module Points Points Points
/Total) /Points) (Total) (Used) /Soare\
GE Mark VI (Unit #1)
Processor: Fuel Control (Mark VI\
Turbine Control Board 1
Analoa Inputs 4 4 0 4
Trip Output (Relay) 3 3 2 1
Pulse Inputs /Speed P/U\ 4 4 4 0
Analog Inputs & Outputs 2
Analon lnouts 20 40 21 19
Analog Outputs 4 8 3 5
Thermocouple Inputs /Tvoe K used\ 1 24 24 11 13
RTD Inputs 1 16 16 8 8
Diaital Inputs & Relay Outputs 2
Digital Inputs 48 48 (Note
#1)
12 36
Digital Outputs (Relay) 24 36 (Note
#2)
19 17
Note #1: No input termination units for second VCRC board.
Note #2: One of two output termination units for second VCRC board.
Servo Control Boards (2 Channels 2 2 4
oer board\
Driver Outputs (1 dual output per 8
Channel)
Excitation Output (1 per channel\ 4
LVDT Inputs (2 dual input per 16
channel)
Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-1 Rev. 10/25/19
4 0
8 0
4 0
16 0
11. GE MARK VI (UNIT #1) - SEQUENCER (90-70)
Modules Modul Points
(Total) e (Total)
(Points
)
GE Mark VI (Unit #1)
Processor: Sequencer (90-70)
Remote Networks 3
BIU's Total 6
BIU's Network #1 (MTTB) 2
BIU's Network #2 (MGTB) 1
BIU's Network #3 (TCP) 3
Modules Network #1 (MTTB)
Analoq Input 1 16 16
RTD Input 8 4 32
Discrete Input 3 16 48
Modules BIU's Network #2 (MGTB)
RTD Input 4 4 16
Discrete Input 1 16 16
Modules BIU's Network #3 (TCP)
Analog Input 1 16 16
Analog Output 1 8 8
RTD Input 1 4 4
Discrete Input 4 16 64
Discrete Output 1 16 16
Digital Outputs (Relay) 5 16 80
Amendment No. 1 to AgreemenUEmerson Process ManagemenUAppendix A-1 Rev. 10/25/19
Points Points
(Used) (Spare)
6 10
29 3
28 20
15 1
14 2
7 9
8 0
2 2
56 8
2 14
46 34
12. GE MARK VI (UNIT #2) - FUEL CONTROL (MARK VI)
Modules Module Points Points Points
/Total) (Points) (Total) (Used) (Spare)
GE Mark VI (Unit #2)
Processor: Fuel Control (Mark Vil
Turbine Control Board 1
Analoq Inputs 4 4 0 4
Trip Output (Relay) 3 3 2 1
Pulse lnouts (Speed P/U) 4 4 4 0
Analog Inputs & Outouts 2
Analoq Inputs 20 40 21 19
Analoq Outputs 4 8 3 5
Thermocouple Inputs /Tvpe K used) 1 24 24 11 13
RTD lnouts 1 16 16 8 8
Digital Inputs & Relay Outputs 2
Digital Inputs 48 48 (Note 12 36
#1)
Digital Outputs (Relay) 24 36 (Note 19 17
#2)
Note #1: No input termination units for second VCRC board.
Note #2: One of two output termination units for second VCRC board.
Servo Control Boards (2 Channels 2 2 4
per board)
Driver Outputs (1 dual output per 8
Channel)
Excitation Output (1 per channel) 4
LVDT Inputs (2 dual input per 16
channel)
Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-1 Rev. 10/25/19
4 0
8 0
4 0
16 0
13. GE MARK VI (UNIT #2) - SEQUENCER (90-70)
Modules Module Points
(Total) (Points) (Total)
GE Mark VI (Unit #2)
Processor: Sequencer /90-70\
Remote Networks 3
BIU's Total 6
BIU's Network #1 (MTTB\ 2
BIU's Network #2 /MGTB) 1
BIU's Network #3 (TCP) 3
Modules Network #1 /MTTB)
Analoa Input 1 16 16
RTD Input 8 4 32
Discrete Input 3 16 48
Modules BIU's Network #2 /MGTB)
RTD Input 4 4 16
Discrete Input 1 16 16
Modules BIU's Network #3 (TCP\
Analog Input 1 16 16
Analog Output 1 8 8
RTD Input 1 4 4
Discrete Input 4 16 64
Discrete Output 1 16 16
Digital Outouts (Relay) 5 16 80
Amendment No, 1 to Agreement/Emerson Process Management/Appendix A-1 Rev, 10/25/19
Points Points
/Used) (Spare)
6 10
29 3
28 20
15 1
14 2
7 9
8 0
2 2
56 8
2 14
46 34
14. MITSUBISHI TURBINE CONTROL PANEL- NON DCS INTERFACE Interface (MHI TCP) Count Type From To
GBC to GCRP 4 Digital GBC GCRP
Local to GCRP 2 Digital Local GCRP
GCRP to GBC 10 Digital GCRP GBC
Local to TCP 14 Digital Local TCP
GCRP to TCP 4 Digital GCRP TCP
GBCto TCP 1 Digital GBC TCP
Local or TGB to TCP 2 4-20mA Local TCP
Local or TGB to TCP 15 RTD Local TCP
Local or TGB to TCP 6 TypeK Local TCP
Local to TCP 13 Vib Local TCP
Local to TCP 2 Pulse Local TCP
Local to TCP 3 Pulse Local TCP
Local to TCP 2 Pulse Local TCP
GCRPto TCP 1 4-20mA GCRP TCP
Local to TGB 1 Type K Local TGB
TCP to GCRP 3 Digital TCP GCRP
TCP to Local 11 Digital TCP Local
TCP to Local 1 TCP Local
MCCto TCP 13 Digital MCC TCP
TCP to MCC 21 Digital TCP MCC
Local to OMS 1 Digital Local OMS
TCP to OMS 4 Digital TCP OMS
OMS to TCP 1 Digital OMS TCP
TCP to AMP 1 20-160mA TCP AMP
Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-1 Rev. 10/25/19
15. MITSUBISHI TURBINE CONTROL PANEL - DCS INTERFACE
Interface (DCS) Count Type From To
TCP to DCS 31 Digital TCP DCS
TCP to DCS/SOE 30 Digital TCP DCS (SOE)
EXC to DCS 19 Digital EXC DCS
MCC to DCS 16 Digital MCC DCS
GCRP to DCS 13 Digital GCRP DCS
Local to DCS 5 Digital Local DCS
OMS to DCS 5 Digital OMS DCS
GCRP to DCS 4 Digital GCRP DCS
TCP to DCS 39 4-20mA TCP DCS
Local to DCS 13 RTD Local DCS
Local to DCS 9 4-20mA Local DCS
Local to DCS 6 Type K Local DCS
GCRP to DCS 12 4-20mA GCRP DCS
GCRP to DCS 1 Pulse GCRP DCS
DCS to TCP 57 Digital DCS TCP
DCS to GCRP 15 Digital DCS GCRP
DCS to OMS 3 Digital DCS OMS
DCS to Local 1 4-20mA DCS Local
Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-1 Rev. 10/25/19
APPENDIX A-2
STEAM TURBINE CONTROL BLOCK DIAGRAM
DC$
(MHI out of scope)
FROM
HP STEAM
LINE
·-·---·-·1
I
FROM ,(
IP STEAM LINE
, ..
MSV
E/H CONVERTER
&LIFIER
AMP
.
ELECTRIC
GOVERNOR ~-·
EG
CONDENSER
(MHI 131.11 of scope)
IPBV ._ ________________ __,
SYSTEM BLOCK DIAGRAM
---------- MITSUBISHI HEAVY INDUSTRIES, LTD.-.--------- Amendment No. 1 to AgreemenUEmerson Process ManagemenUAppendix A-2 Rev. 10/25/19
APPENDIX A-3
TURBINE DATA
1. STEAM TURBINE DATA
Steam Turbine-Generator Unit
Turbine OEM name: Mitsubishi Heavy Industries
Turbine Serial Number: D-934
MHI Work Order Number: 33034/66934
Turbine Rating (kW): 53600
Steam Pressure rnsia\: 1250
Steam Temperature (°F): 950
Exhaust Pressure (in. of Hg absolute): 4.0
Induction Steam Pressure (psig) 9.5
Rated Speed (rpm\: 3600
Hiah-Speed Point (rpm): 3780
Triooina Speed (rpm): 3960
2. GAS TURBINE UNIT #1 DATA
Gas Turbine-Generator Unit #1
Turbine OEM name: GE LM6000 PC
Work Order Number: 100039-1
Serial number: 55061
Turbine Number: 191-498
Turbine Ralina (kW): 50389
Rated Speed (rom): 3600
Hiah-Speed Point (rpm): NSD/N25 3780
Trinnina Speed (rpm): NSD/N25 4300
Control Software Version: GE S5
Toolbox Version: 11.02.09C
3. GAS TURBINE UNIT #2 DATA
Gas Turbine-Generator Unit #2
Turbine OEM name: GE LM6000 PC
Work Order Number: 100039-1
Serial number: 55371
Turbine Number: 191-502
Turbine Ralina (kW): 50389
Rated Speed (rom): 3600
High-Speed Point (rpm): NSD/N25 3780, 10,700
Tripping Speed (rpm): NSD/N25 4300, 10,800
Control Software Version: GESS
Toolbox Version: 11.02.09C
Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-3 Rev. 10/25/19
APPENDIX A-4
OT & EWS STATIONS
Amendment No. 1 to AgreemenUEmerson Process ManagemenUAppendix A-4 Rev. 10/25/19
APPENDIX A-5
PRELIMINARY PROJECT SCHEDULE
The project schedule will proceed in accordance with this Preliminary Project Schedule set forth on the following page, except as may be modified into a Final Project Implementation Schedule that is approved by the City. The Final Project Implementation Schedule, as mutually agreed upon, will become the governing project schedule incorporated into the Agreement.
Task Name Start Finish
Submit Hardware / Shop Drawings Mon 7/1/19 Mon 7/1/19
(ST I GT I BOP)
Approve Hardware Drawings Mon 7/1/19 Fri 7/12/19
Hardware Release Fri 7/12/19 Fri 7/12/19
Hardware Manufacture Complete Mon 7/1/19 Thu 9/19/19
Design Freeze (BOP) Mon 8/12/19 Mon 8/12/19
Design Freeze (ST & GT) Mon 9/16/19 Mon 9/16/19
Configure Data Links Mon 7/1/19 Fri 8/23/19
Software FAT - Pittsburgh Mon 9/30/19 Fri 10/4/19
Software FAT - Integrated - Mon 10/7/19 Fri 10/11/19
Pittsburgh
Deliver system to site (Software) Thu 10/31/19 Thu 10/31/19 Outage Sat 11/2/19 Mon 12/16/19
Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-5 Rev. 10/25/19
Resource
Names
Contractor
City
Contractor
Contractor
City
City
Contractor
City / Contractor
City / Contractor
Contractor
APPENDIX A-6
FINAL SYSTEM ACCEPTANCE CERTIFICATE
After the City is satisfied with all test results and resolutions, as specified herein, the City will initiate execution of the Final System Acceptance Certificate.
Customer Name: City of Santa Clara ("City")
Project Name: Distributed Control System Upgrade / Replacement Project This Final System Acceptance Certificate memorializes the occurrence of System Acceptance.
Contractor and the City acknowledge that:
1. Contractor has completed all Deliverables promised under this Agreement.
2. The System is accepted, and all punch list items generated during testing have been completed.
3. By acknowledging the Final Acceptance of the System, the City agrees to pay any remaining and approved outstanding invoices to Contractor, including previously withheld retainage.
City of Santa Clara
("City")
By:
Name:
Title:
Date:
Emerson Process Management
Power & Water Solutions, Inc.
("Contractor")
By:
Name:
Title:
Date:
Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-6 Rev. 10/25/19
APPENDIX A-7
SURESERVICETM CUSTOMER SUPPORT PROGRAMS
SureService TM
Customer Support
Programs
Support Modules
Telephone Support
Remote System Diagnostics
Internet Information Access
Scheduled On-Site Service
Emergency On-Site Service
Component Coverage
Classic System Component Support
Training Programs
Software Updates
Ovation Guardian Support
Ovation Security Center Support
Cybersecurity Assessment
Software Archiving
• Online Tutoring
Application Enrichment
Optimization Services
• Simulation Update Services
Scheduled Alarm Management Services
Introduction
SureService"' customer support programs by
Emerson enable utilities to customize the right
maintenance package for the unique needs of
the power generation and water/wastewater
treatment industries.
SureService Support
Emerson is committed to the quality of
SureService . Our customer service is
designed to enable customers to reach their
maintenance objectives. Emerson works with
the customers to ensure top-quality support
and customer satisfaction. SureService
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Data Sheet
contracts can control and reduce plant
maintenance costs by selecting various
support applications individually or bundling
them together to take advantage of maximum
savings into one fixed contract price.
Superior Engineering Support
Emerson's SureService team is comprised
of highly qualified engineers and support
personnel. They are selected for their
impressive experience in field installation ,
startup, excitation control systems and
upgrades of Emerson's process control
systems .
Each member of the SureService team follows
approved support guidelines including
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EMERSON .
Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-7 Rev. 10/25/19
Sureservlce"' customer Support Programs
customer consultation to discuss any potential
impact of recommended system adjustments
before any adjustments are made to the
customer's control system.
SureService engineers bring a wealth of
industry experience having implemented
control systems for a wide range of
processes including power generation and
water/wastewater operations. Trained in the
latest process control technologies,
SureService engineers use their knowledge
and experience to achieve complete
customer satisfaction. By integrating a
variety of specialties from multiple areas,
Emerson offers a wealth of process control
system and excitation control system
expertise in:
Electric utility industry
• Boiler control and tuning
Gas turbine operation and tuning
Design, implementation, startup and
upgrades of process control systems
Instrument system design and
modification
• System integration and communication
interfaces
Programming in Wlndowsv environments
• Project management, project
engineering, integration, implementation,
installation and startup of process control
systems
Creation and modification of control
strategies, software databases and
interface graphics
Excitation control system testing and
calibration
In addition to industry and control system
knowledge, many members of the
SureService support team have been
recognized by customers for their dedication
to excellent service.
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Data Sheet
SureService Telephone
Support
Our SureService customer response
center stands ready twenty-four hours a
day, seven days a week to immediately
diagnose and resolve any Ovation"" or
excitation control system problems.
Armed with powerful troubleshooting
skills and a thorough knowledge of
control systems, the SureService support
team works with the customers to gather
relevant information to correctly identify
the problem and diagnose the situation.
Our facility in Pittsburgh features fully
functional excitation control systems
that are used for troubleshooting and
determining solutions without interfering
with plant operations . After isolating the
problem, the SureService team
suggests corrective actions and works
with the customer to resolve any
situation.
Remote System
Diagnostics
Remote system diagnostics leverages the
remote network connectivity capabilities
available with today's technology. Using
remote system diagnostic tools, the
SureService team can connect directly to a
customer's control system. Once connected,
the SureService support team can review and
remotely troubleshoot the system, performing
controller loading and online file and highway
error analyses.
The combination of experience, training and
background of our operations staff make
remote system diagnostics the best assurance
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EMERSON
Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-7 Rev. 10/25/19
SureServlce"' Customer Support Programs
--------
for identifying and resolving problems quickly.
Remote system diagnostics allows the
SureService team to solve problems faster
and easier than through SureService
telephone support alone. If requested by the
customer, the SureService support engineer
can even perform corrections online.
Moreover, the support engineer may also
recommen d specific areas where preventative
actions or assessments can further improve
plant efficiency and processes . In this case,
additional SureService support applications
may be recommende d.
Internet Information
Access
Designed specifically for technical plant
operations staff, the SureService Ovation
Users' web site offers a level of information
available only to SureService contract holders.
The site provides instant access to software
release notes and the latest technical manuals
and user documentation. Regular broadcast
emails alert subscribers to the availability of
new software releases, new or revised
documentation, new web site features and
more.
The Ovation Users' web site also provides
continuous, updated information regarding the
status of components returned to us for repair.
Online parts ordering and a spare parts price
list are available on the site as well. In
addition, customers can submit requests for
software improvements conveniently and
report problems online.
Scheduled On-site
Service
Recurring equipment failures, multiple calls
. to the support center and degrading
process efficiency can all signal the need to
Page - 3
Data Sheet
tune and adjust a system component or
perform routine maintenance. By utilizing
our control systems and skilled engineers,
scheduled on-site visits ensure that critical
clean up, backup, testing and calibration of
excitation control systems, and
maintenance services are perform ed
regularly without diverting manpower from
critical tasks.
Scheduled on-site service provides
additional staff and support when needed,
keeping control systems running at peak
performance by scheduling service visits
on a regular basis or as-needed.
Scheduled on-site service includes simple
control system changes , PIO and algorithm
adjustments, excitation cont rol system
testing, calibration , cleanup and inspection
services, which can significantly improve
plant performance.
Additionally, regular routine system and
excitation control system maintenance can
decrease parts failures and improve the
overall process. Maintenance and
preventative activities include (but are not
limited to):
Back up DPU/controller application
software to the hard drive and tape.
Perform Ovation database reconci liation
and verification.
Back up the software server to tape.
• Perform file clean-up on the software
server and other workstations.
• Implement minor control and graphics
changes at the direction of the customer.
• Excitation control system power supply
checks: CPU, firing card supplies, base
adjuster, etc.
• Calibration check of PTs, CTs and
transducers
Limiting features check (VHL, MXL and
MEL).
~
EMERSON
Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-7 Rev. 10/25/19
SureService'" Customer support Programs
• Protection features check (forcing, VHP,
OXP and MEP).
• Ensure all relevant alarms are generated
by the regulator .
Download and analyze alarm history.
Check configuration files for consistency.
Emergency On-site
Service
When telephone support and remote system
diag nasties cannot solve or diagnose the
problem, immediate on-site assistance may
be necessary. In this case, the SureService
customer response center dispatches a field
service engineer to the plant's site.
The immediate availability of a SureService
engineer quickly returns plant operations to
normal, reducing or eliminating downtime
and unplanned outages to significantly
improve plant performance and profitab ility.
All emergency on-site service subscribers
receive priority response, ensuring fast ,
efficient on-site support. Emerson's team of
field service engineers encompasses a
wealt h of experience and training in every
stage of a control system, including field
installation, startup and upgrading of
complex process control systems.
Trained to assess and evaluate the situation
quickly and thoroughly, the field engineer
communicates with the SureService team ,
ensuring access to technical expertise and
support resources until the problem has
been resolved.
Component Coverage
The SureService team stands ready to
eliminate costly interrupt ions to plant
operations by return ing failed compone nts
Page-4
Data Sheet
to normal. A staff of highly trained
technic ians and inspectors follow strict
methodolog ies to ensure that critical parts
are replaced or repaired quickly, thereby
minimizing downtime and maximizing the
efficiency of plant opera tions.
For a single fixed fee, component coverage
includes the repair of all Emerson-supplied
components that have an assigned
Emerson part number during the contract
term. When possible, component coverage
subscribers don't wait for repair of
malfunctioni ng parts. As soon as Emerson
receive s a defe ctive part, a replacement
part is located within the exchange
inventory and shipped .
SureService component coverage
subscribers can also arrange for a
replacement part to be shipped in advance .
All exchange parts are thorough ly tested
and include the latest improvements and
upgrades . Throughout the process, the
SureService team works qu ickly to ensure
minima l disruptions to norm al plant
operations.
When a part is not available in the
exchange inventory , or if a customer
requests repair rather than replacement ,
the compone nt coverage team follows a
strict methodology that ensures that the
malfunctioning part goes through detailed
inspection , repair and test ing procedures to
return it to proper working order.
Classic System
Component Support
Classic system component support extends
spare parts, parts exchange and repair
service to control systems that have
reached a "retired " status. The off-the-she lf
technology that makes open control
~
EMERSON
Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-7 Rev. 10/25/19
SureService"' Customer support Programs
systems appealing also makes maintaining
a steady level of product support
unpredictable. Key spare parts can
disappear from the market at any time.
With the classic system component support
application, Emerson will supply customers
with component coverage after the control
systems have reached the retired status for
as long as the market on the necessary
spare parts remains open and repair of
those parts is possible.
With classic system component support,
customers submit a blanket purchase order
as part of their SureService package. The
purchase order will include a "not-to
exceed-dollar amount" and will be used on
an as-needed basis throughout the contract
term for repairs of components that are still
available on the market.
Benefits of this service include:
Extends component coverage to cover
retired status
Provides additional level of confidence in
open systems
Offers an avenue to lengthen the life of
the plant's control system
Provides the opportunity for packaged
discounts
Training Programs
Emerson's training programs are designed
for the ongoing education and development
of the operators, engineers and technicians
that support plant operations. When
training is built into a SureService contract ,
plant staff can attend training courses as
needed.
Many of our SureService support engineers
have training and education backgrounds.
This provides them with the ability to
communicate clearly and target opportunities
for operators to improve their skills to better
Page-5
Data Sheet .
support the control system and the excitation
contro l system.
Including training programs in a SureService
contract encourages plant support staff to
develop new skills to communicate with the
SureService team during support calls or on
site visits. Whenever possible, the
SureService support engineers recommend
specific training courses or custom training
programs to improve plant operations.
Ovation training programs include:
Standard course offerings
On-site and customized training
programs
Training at customer sites
Custom-developed course content
• On-line instructor-led classes through
Emerson's virtual classroom
These comprehensive training programs
address the configuration, programming,
administration and operation of our product
lines under Ovation platforms. Operators,
technicians and engineers gain an
individual perspective on the understanding
and operation of an Ovation system.
Ovation excitation systems training programs
are conduc ted at our training facility in
Pittsburgh, Pennsylvania and are targeted
for control and electrical engineers,
technicians , system engineers and
technicians who have the primary
responsibility for the excitation controller
operation and maintenance.
Software Updates
Emerson's software updates 1 service
ensures continual robust functionality of the
Ovation control system without significantly
changing the software level. In the world of
always-evolving technology, software
\
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EMERSON
Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-7 Rev. 10/25/19
SureServicern Customer Support Programs
updates contain the results of continuing
efforts in software improvement.
Customers desire the newest Ovation
software updates and third-party patches as
they become available; however,
complicated installation procedures may
cause users to avoid needed updates.
Customers may also be concerned about the
potential impact of the update on the existing
software. Emerson's engineers will ensure
that no existing application software is
directly or negatively impacted by each
update .
Ovation software updates can be obtained
from a SureService representative. Validated
third-party patches can be downloaded from
the SureServ ice section of the Users ' Group
website. Customers who subscribe to the
SureService scheduled on-site service
application can also request that one of our
experienced field service engineers perform
the Ovation software update or install the
third -party patches via a scheduled visit.
SureService customers will have access to
any relevant update documentation for
genera l knowledge and record-keep ing
purposes.
Ovation and Microsoft security patches are
distributed at the end of each month through
three unique channels :
Ovation Users' website
Box website for Ovation Security Center
(OSC), and Power & Water
Cybersecurity Suite (PWCS) customers
CD delivery
Ovation Users' Website
The Ovation Users' website provides a 3-
month span of all the security patch
downloads that Emerson can legally
distribute, such as Microsoft operating system
Page- 6
Data Sheet
patches . After the 3-month span, all
accumu lative patches can be requested
through SureService software update support
via CD delivery.
Links to vendor websites with approved
patches that Eme rson cannot legally
distribute , such as Adobe® Reade r and
Java ™ patches , are also provided on the
Ovation Users' site.
OSC and PWCS Box Website
OSC and PWCS customers who have
purchased patch management support and
are subscribed to the SureService OSC and
PWCS support services can download all
security patches , including those for Adobe ®
and Java"' Runtime Environment (JRE)
from the Ovation Users' Box website :
, https://ovationusers .account.bo x.com
OSC and PWCS patch/update files are
obtained from Emerson's dedicated Box.com
subscription website . The subsc ription website
requires the user to use a unique login
assigned in the SureServ ice agreement.
Down loaded security patches are
transferred to the patch management
application and deployed to all Ovation
workstations as scheduled by the OSC or
PWCS .
Due to the nature of file sharing emp loyed in
this distribution mechanism , it is possible
that the Ovation Users' Box websites may
be blocked by corporate firewalls . This
restriction can be removed by whitelisting
these websites in the corporate firewalls to
provide authorized personnel access for file
retrieval .
CD Delivery
Upon request, CDs containing an
accumu lation of all security patches can be
sent to the customer's site.
EMERSON
Amend ment No. 1 to Agreement/Emerson Process Management/Appendix A-7 Rev. 10/25/19
sureservice '" Customer support Programs
Benefits
Latest available validated patches
available for operating systems, Oracle,
Adobe Reader, Java and Internet
Explorer
Provides Ovation system software
updates
, Avoids potential impacts by the known
and corrected system bugs
Provides immediate access to pertinent
update documentat ion and media
informat ion
Software Updates with
Antivirus Program
For systems that include Emerson-validated
antivirus software for virus protection, anti
spam and content filtering on Windows-based
platforms, customers can subsc ribe to the
SureService software updates with antivirus
program to receive the latest tested and
approved protective software to guard against
viruses, cyber-attac ks and other unwanted
intrusions.
Benefits
• Includes all the feature s of the
SureService software update program
Receives antivirus signature updates
• Includes antivirus license
Ovation Guardian TM
, Support
The SureService Ovation Guardian support
application displays Ovation system
specific data, as well as technical support
information , including the status of the
current SureService contract and the state
of any technical suppo rt calls. Addit ionally,
Guardian collects information related to
Page - 7
Data Sheet
OEM and commercial off-the-s helf
technologies , digital field devices and other
Emerson alliance partner products
associated with the Ovation system.
The result is a comprehensive collection of
system-specific information , accessib le
from a secure web site connection that will
enhance the ability to manage the Ovation
distributed control system more effectively
and efficiently .
Guardian support users can also download
Ovation and Microsoft security patches
through the Ovation Users' web site and/or
from the OSC, PWCS Box website.
Ovation Security Center
Support
The Ovation Security Center (OSC) support
application, which is applicable for the OSC
3.0 and forward, is designed to keep the
software , contents or license elements
promptly updated and the hardware
components quickly repaired in case of
mechanica l failures. In general , the
SureService support includes:
Software updates for maintenance
releases and improvements
Content updates for the vulne rability
database , latest security patches and
updated security policies or rule settings
• License renewals where applicable
, Hardware repair during the term of a
valid SureService contract that includes
OSC support
Cybersec u rity
Assessment
The cybersecurity assessment service can
assist in identifying threats and
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EMERSON
Amendment No. 1 to AgreemenUEmerson Process ManagemenUAppendix A-7 Rev. 10/25/ 19
Sureservice"' Customer Support Programs
vulnerabilities that could impact the
reliability and availability of critica l control
systems, process data and network
operations.
The assessment is specifically designed to
aid in identifying the current state of the
plant's security posture, by providing a
better understanding of the strength of
defenses against cyber-attacks .
Software Archiving
Software archiving is a remote file storage
system that adds an extra edge of protection
to plant's operation. With software archiving,
Emerson transfers electronically the software
and data files to an off-site location lo be
dated, archived and stored, mitigating
unexpected events that can cause financial
loss through hardware breakdowns, software
crashes and other lost revenues, incurring in
high costs.
On a periodic basis, Emerson saves critical
software and files running at the plant's
workstations and database servers . These
include data files such as system databases,
control sheets and graphics programs. Other
configuration files for routers, switches ,
historian , log reports, connectivity software
or others can be optionally archived when
they are manually copied to the proper
directory. Software and files saved are
transferred via the Internet to the archival
system at Emerson's archival center to be
dated, archived and stored.
All files remain stored for four periods
before being replaced by the newest
archival. A period can be defined as
weekly, biweekly, monthly or quarterly.
At the end of each cycle, the last archived
file will be transferred to an optical media .
Page-0
Data Sheet
This optical media will be stored at an off
site for additional protection.
If problems occur, the archived software
can be selected to be used for the reload.
This software requires minimal re-testing
and re-alignment to return the system to
normal operations in minimal time,
reducing both downtime and engineeri ng
time.
Benefits
• Meets NERC CIP-009-1 R4 backup and
restore guidelines
• Recovers complete control system
application software in a timely manner
Quickly returns plant to normal
operations with the latest saved control
parameters
Minimizes further loss of revenue due to
unexpected disaster to the control
system
Online Tutoring
Online tutoring provides the next step
toward maintaining and increasing the skill
level of plant personnel on system
operations . By remotely access ing the
system and operating environment , an
instructor provides instruction for
perform ing programm ing, diagnostics,
maintenance , operations and other
functions. The instructor also provides tips
and insight to increase operato r skill level
for better plant control.
As the plant's staff changes with new hires
and retired professionals, many new
operators must learn system operation
through on-the-job training , often not
acquiring the fUII knowledge that operators
once carried. Even experienced personnel
~
EMERSON
Amendment No. 1 to AgreemenUEmerson Process ManagemenUAppendix A-7 Rev. 10/25/19
SureService"' Customer Support Programs
might lose certain techniques that are not
used frequent ly.
Application Enrichment
With application enrichment, Emerson's
process specialists can remotely modify
existing software and implement any
changes as necessary to maintain a route
for consta nt system improvements and
additions .
Application enrichment allows control
technology to effectively adapt to changing
requirements. Emerson's engineers
provide support with updated knowledge
and skills to avoid a complex, re-learning
process during implementation of changes
necessary to keep the control system
running efficiently.
After acceptance, modifications are
downloaded and made immediately
effective . Afte r the implementation and
working together with the customer, the
operation of the system is monitored to
ensure full software acceptance and
compliance. Before the expiration of the
current SureService contract, the up-to
date service days will be compared against
the contracted days. Any unused days can
be converted to other services within the
same year.
Benefits
Uses the most effective resource and
avoids the re-learning process
Expands the application software with
operating experiences
Reflects process changes in software
without unnecessary delays
Explores the system's full capabilities
Page- 9
Data Sheet
Optimization Services
SureService support includes an application
specific to optimization technology and EDS.
As part of this support service, the customer
will receive:
SureService telephone support
Scheduled on-site service
• Software updates
Software archival
Tuning service
Proactive Support
Emerso n's highest level of SureService
support for optimizatio n assists in
maximizing the return on the technology
investme nt. This is accomplished by
analyz ing the optimization solution through
weekly reviews to ensure optimal system
operation . A monthly report is generated that
details runtime statistics, system availabi lity
and affected economic factors.
Optimization Telephone Support
Optimization telephone support, execu ted
through the SureService customer
response center, puts Emerso n
optimization specialists in direct
communication with the plant's personnel.
The optimization team is ready 24 x 7 to
quickly identify and resolve any
optimization related issues, as well as
provide answers to optimization questions.
Scheduled On-site Service
With scheduled on-site service,
optimization engineers trave l to the site to
evaluate system operation, maintenance
services and file and logic backups.
Emerson's optimization field engineer ing
team can implement changes or perform
accumulated maintenance tasks during
~
EMERSON
Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-7 Rev. 10/25/19
sureservlce•• Customer Support Programs
normal plant operat ions or planned outages
without diverting essentia l staff manpower
from their critical tasks.
Additiona l services that can be performed
during on-site visits include :
Resolving pre-identified issues
Backing up software
• Inspecting network communications
Cleaning-up files
Implementing minor updates
• Performing other necessary maintenance
functions
• Providing recommendations on
optimization solutions to accommodate
seasonal or operational variation in
emission requirements
Software Updates
Following the initial release of a major
software level, software updates or
"patches" are developed to modify,
enhance or fix minor issues associated with
the initia l release. The software update
application downloads the latest updates to
the optimization software, ensuring
optimum system functionality without
significantly changing the operationa l
aspects. As soon as the updates to the
customer's software level become
available, a remote software upload via
virtua l private network (VPN) can be
requested (this may require the installation
of a VPN connection) , or the update can be
installed during an on-site service visit.
Emerson 's service team will Fully explain
the new Features and functions contained in
the softwar e release , as well as any system
configuration changes that may be required
with onsite staff.
Page -1 0
Data Sheet
Software Archiving
Through software archiving , critica l
software and Files are electronically
transferred on a periodic basis to the
SureService customer support center in
Pittsburgh, PA. The software is then dated ,
archived and securely stored as a
secondary mechanism to the local activity .
All Files remain stored at a dedicated
workstation for four weeks and then
transfer red to storage or optical media. For
additional protection , the media can be
sent to a secure off-site facility for long
term storage.
Tuning Service
Emerson's service team uses experienced
engineering support to adjust optimization
solution objectives to accommodate
equipment updates, unusual operating
modes , seasonal adjustments or operational
variation in optimization goals. Emerson
engineers can perform these fine-tun ing
functions during a schedu led on-site service
visit or remotely via VPN.
Simulation Update
Services
Emerson offers simulation update services
as part of the SureService customer
support prog ram to help customers '
simulation solutions keep pace with control
system tech nology advance ments and
plant operations. The SureService
simulat ion update service program
provides yearly support that starts with a
site survey to assess current conditions
and then follows with scheduled
maintenance aimed at keeping simulator
processes operating at peak performance .
An investment in the SureService
simulation update program will extend the
~
EMERSON
Amendment No. 1 to Agreement/Eme rson Process Management/Appendix A-7 Rev. 10/25/19
sureservice"' Customer Support Programs Data Sheet
life of the simulator system, while keeping it
aligned with the customer 's plant DCS.
Scheduled Alarm
Management Services
Scheduled alarm management services
provide knowledgeable manpower that
assists the plant's workforce in keeping the
alarm system and processes operating at
optimum levels and thus allowing them to
focus on other tasks.
Periodic alarm system assessments may
reveal alarm configurat ion changes that
can improve the control system and plant
reliability.
Benefits
Enhances alarm system performance
through periodic , scheduled reviews
, Improves operator awareness of priority
alarms
• Augments plant staff so they can focus
on other responsibilit ies
Increases plant efficiency by customizing
alarm management tasks to help
determine event priorities
, Provides immediate access to alarm
management specialists for:
- Assessing alarm configurations
- Implementing configuration changes
- Answering general alarm system
questions
- Providi ng training to staff
1 Ovation software updates for Ovation 3. 6 systems and higher include feature pack updates !02017 Emtc"son.AI ng:lts rHlfVad . Th• Emerson 1050 is a tr3dema111: and H1--A:e ma1k ol Err,HSO.'\ Ete;tr,c Co, o,-ition'' Is a matk of on, of the frner«inAu lcmabon SoUIM$ tall'Jly ol bu~neu U'lll't All OIMr mm• ue !he prope,ty of lhN resped,-e O'M'let''$. 'he c:crlent~ Of II\ s plbbe:ibcn are prtttt'iled IOt in!«mallon pUJHMH orly, and 'l'ltiile effcrt has bH n made to e;isur• lhlir accuracy. they~• nr:>t to 1>1 c1;ndtut1d as warn.nt u or g,,1aranlH 5, t lCpf■ H or D pl c d, r•~ardin1 the Jlrodu::Cs or wf\Acff dff«-,btd hertln uth W uff ot applcabllify. AJI ,a,u are go,,«Md by our lemis ;md conddkns.. v.hich are r4.J ab!e on r,quH I. Vie rutr.• tht right lo modify oriTJ:"71'9 lho cfodgns or cp111cifc.iion-:; of our prcdJcb .:it a!'ly tirn• -Aithcvt r.otico. ~ Page-11
EMERSON
Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-7 Rev. 10/25/19
APPENDIX A-8
EXCITATION CONTROL SYSTEM PROPOSAL
Amendment No. 1 to Agreement/Emerson Process Management/Appendix A-8 Rev. 10/25/19
APPENDIX A-9
EXCITATION UPGRADE PRELIMINARY SCHEDULE
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Amendment No. 1 to AgreemenUEmerson Process ManagemenUAppendix A-9 Rev. 10/25/19
EXHIBIT B
COMPENSATION AND PAYMENT SCHEDULE -AMENDED OCTOBER 27, 2020
1. MAXIMUM COMPENSATION
The maximum amount payable for all materials and services provided under this Agreement shall not exceed Three Million Seven Hundred Twenty Five Thousand Dollars ($3,725,000) during the term of the Agreement. Any additional services or materials requested by the City that would exceed the Maximum Compensation will be addressed in an Amendment to the Agreement in advance of initiating work.
Table B-1: Maximum Compensation
Description Total
DCS System Implementation (see Section 2 below) $2,557,000 Ovation Excitation Svstem $419,426
Estimated Sales Tax and Shipping Ovation $49,494
Excitation System
Support for five years (see Section 3 below) $199,080
Contingency $500,000
Maximum Compensation $3,725,000
2. SYSTEM IMPLEMENTATION
2.1. Firm Fixed Price - Distributed Control System
Contractor shall provide all equipment, materials, and labor to upgrade the Distributed Control System as specified in Exhibit A (including appendices A - 1 through A-7) on a firm fixed cost basis as set forth in Table B-2 below. Any additional products or services will be presented to the City for approval prior to commencement of the work.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit B Rev. 10/25/19
Table B-2: Distributed Control System Implementation - Price Breakdown System Implementation
Hardware
Software Application (including Windows Server 2016,
Windows 10, Ovation, and OPH with Crystal Reports for
re ort building
Project Management
Installation
System Commissioning / Validation / Final System
Acceptance
Documentation
Expanded Ovation Spare Parts
V-S stem Server with 1 Virtual Controller Trainin S stem Use of LM6000 Simulator (via remote login)
Ovation playback machine
Subtotal
Estimated Sales Tax
TOTAL SYSTEM IMPLEMENTATION
2.2. Payment Schedule - Distributed Control System
$682,214
$476,116
$65,000
$541,365
$694,130
$3,400
$32,775
Included
Included
Included
Included
Included
Table B-3: System Implementation Payment Schedule - Distributed Control System
Estimated
Completion
Milestone/Deliverable Date Payment
Project Management/ Kick-off Meeting / Submittal 7 /1 /19 $748,500 of Hardware Drawings Submittal of Initial Functional Control Drawinas 7/29/19 $499,000 Completion of Factory Acceptance Test 10/11/19 $249,500 Completion of System Installation and
Commissioning 11/26/19 $499,000
Final Svstem Acceptance* 12/31/19 $499,000
Subtotal $2,495,000
Estimated Sales Tax (to be paid in accordance with applicable milestone for which sales tax is due) $62,000
TOTAL PAYMENTS $2,557,000
*The signed Final Acceptance Certificate (Appendix A-6) triggers final payment and start of warranty period.
Amendment No. 1 to AgreemenUEmerson Process ManagemenUExhibit B Rev. 10/25/19
2.2.1. Progress payments shall be made to Contractor by City following acceptance of designated milestones as shown in Table B-3 above.
2.2.2. All payments are based upon City's acceptance of Contractor's performance as evidenced by successful completion of all of the deliverables as set forth for each milestone. City shall have no obligation to pay unless Contractor has successfully completed and City has approved the milestone for which payment is due.
2.2.3. Payment for any part or parts of the System provided hereunder, or inspection or testing thereof by City, shall not constitute acceptance or relieve Contractor of its obligations under this Agreement. City may inspect the components of the System when delivered and reject upon notification to Contractor any and all the System, which does not conform to the specifications or other requirements of this Agreement.
Components of the System, which are rejected shall be promptly corrected, repaired, or replaced by Contractor. If City receives components of the System with defects or nonconformities not reasonably apparent on inspection, then City reserves the right to require prompt correction, repair, or replacement by Contractor in accordance with Contractor's warranty obligations.
2.3. Firm Fixed Price - Ovation Excitation System
Contractor shall provide all equipment, materials, and labor to implement the Ovation Excitation System as specified in Appendix A-8 on a firm fixed cost basis as set forth in Table B-4 below. Any additional products or services will be presented to the City for approval prior to commencement of the work.
Table B-4: Excitation System Implementation - Price Breakdown S stem Im lementation
Ovation Excitation Control - LM6000 (2 Units)
Ovation Excitation Control - Mitsubishi Steam Turbine
Subtotal
TOTAL SYSTEM IMPLEMENTATION
Amendment No. 1 to AgreemenUEmerson Process ManagemenUExhibit B Rev. 10/25/19
$419,426
2.4. Payment Schedule - Ovation Excitation System
Table B-5: System Implementation Payment Schedule - Ovation Excitation System
Estimated
Completion
Milestone/Deliverable Date Payment
Project Management/ Kick-off Meeting / Submittal 12/2/2020 $125,827 of Hardware Drawinas Submittal of Initial Functional Control Drawings 2/16/2021 $83,885 Completion of Factory Acceptance Test 3/25/2021 $38,602 System Installation and Commissioning 5/14/2021 $87,226 Final Svstem Acceotance* 5/21/2021 $83,886
Subtotal $419,426
Estimated Sales Tax (to be paid with System Installation and Commissioninal $7,850
Estimated Shippina $7,000
Continqencv $34,644
TOTAL PAYMENTS $468,920
*The signed Final Acceptance Certificate (Appendix A-6) triggers final payment and start of warranty period.
2.4.1. Progress payments shall be made to Contractor by City following acceptance of designated milestones as shown in Table B-5 above.
2.4.2. All payments are based upon City's acceptance of Contractor's performance as evidenced by successful completion of all of the deliverables as set forth for each milestone. City shall have no obligation to pay unless Contractor has successfully completed and City has approved the milestone for which payment is due.
2.4.3. Payment for any part or parts of the System provided hereunder, or inspection or testing thereof by City, shall not constitute acceptance or relieve Contractor of its obligations under this Agreement. City may inspect the components of the System when delivered and reject upon notification to Contractor any and all the System, which does not conform to the specifications or other requirements of this Agreement.
Components of the System, which are rejected shall be promptly corrected, repaired, or replaced by Contractor. If City receives components of the System with defects or nonconformities not reasonably apparent on inspection, then City reserves the right to require prompt correction, repair, or replacement by Contractor in accordance with Contractor's warranty obligations.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit B Rev. 10/25/19
3. ONGOING SUPPORT AND MAINTENANCE SERVICES
Ongoing support and maintenance services after Final System Acceptance shall be in accordance with the pricing set forth herein.
3.1. SureService TM Customer Support Programs
3.1.1. Contractor provides various support programs as described in Appendix A-7. The City has elected to purchase the service programs listed below. The City reserves the right to delete or add service programs as required to support the System.
3.1.2. Contractor shall invoice the City annually for all applicable support and maintenance costs. In the event of early termination of the Agreement, Contractor shall refund the City on a pro-rated basis any fees paid in advance that have not been expended as of the date of termination.
Table B-6: Selected SureService TM Customer Support Program Description Annual Total
Year 1 SureService™ (SureService Telephone Support,
Internet Information Access, Remote System Diagnostics, $9,426 and Software Updates with Antivirus Program)
Year 2 SureService™ (SureService Telephone Support,
Internet Information Access, Remote System Diagnostics, $44,232 and Software Updates with Antivirus Program)
Year 3 SureService™ (SureService Telephone Support,
Internet Information Access, Remote System Diagnostics, $46,245 and Software Updates with Antivirus Proqram)
Year 4 SureService™ (SureService Telephone Support,
Internet Information Access, Remote System Diagnostics, $48,351 and Software Updates with Antivirus Program)
Year 5 SureService™ (SureService Telephone Support,
Internet Information Access, Remote System Diagnostics, $50,835 and Software Updates with Antivirus Program)
5-Year Total $199,089
Annual totals are a not-to-exceed amount for each year. As defined in the Agreement, support costs begin one year after system acceptance for each system. Annual support shall be adjusted and billed according to the start date for each system.
3.2. Additional Services
3.2.1. Unless otherwise included under the SureService TM Customer Support Program for which the City has paid the applicable fees, service rates and spare parts shall be as outlined in Table B-7 below:
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit B Rev. 10/25/19
Table 8-7: Rates
Weekdays
First 8 hours that day@ 1,750 per dav; Additional hours that day@ $328/hour Saturdays
All hours that dav Im $328/hour
Sundays & Holidays
All hours that dav Im $438/hour
Spare parts - 50% off list price through final system acceptance; 15% off list price thereafter.
3.2.2. All Additional Services shall be authorized in writing in advance of performance of service using the process outlined in this Exhibit B.
4. SYSTEM ENHANCEMENTS AND UPGRADES
4.1. Upon request of the City, Contractor shall provide quotes for services and resources required to implement upgrades, improvements, and enhancements to the System as required by the City.
4.2. Authorization for work:
4.2.1. If remaining contingency funds are available to complete the project quoted, system enhancements may be authorized by written authorization of an Assistant Director of the Electric Utility, Electric Utility Chief Operating Officer, or Chief Electric Utility Officer using the Exhibit F - Sample Work Authorization Form as further defined below:
4.2.1.1. Work Authorizations shall be issued in accordance with the Terms and Conditions of this Agreement. Each Work Order shall describe the services and deliverables (collectively "Work") the Contractor must provide, the time limit within which the Contractor must complete the Work, and the
compensation for the Work.
4.2.1.2. Each Work Authorization shall be substantially in the form specified in Exhibit F. Subject to the terms and conditions of this Agreement, Contractor and City will negotiate the
specific requirements of each Approved Work Order.
4.2.1.3. Except in the case of emergency, Contractor shall not initiate work and the City will not compensate the Contractor for any Work until the City has executed the Work Authorization for such Work ("Approved Work Authorization").
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit B Rev. 10/25/19
4.2.1.4. Each Approved Work Authorization incorporates the Terms and Conditions of this Agreement, and becomes a part of this Agreement. An Approved Work Authorization must be
consistent with - and cannot alter - the terms and conditions of this Agreement. The terms and conditions of this
Agreement control over the terms and conditions contained in an Approved Work Order - even if the Approved Work
Order expressly states that it is intended to control. Any conflicting terms and conditions in an Approved Work Order are invalid and unenforceable.
4.2.2. In event of an emergency which shall be defined as a circumstance requiring work by the contractor within 72 hours, work may be initiated in advance of execution of a Work Authorization. In the event of emergency, Contractor shall provide a quote for a Work Authorization within 3 business days of starting work.
4.2.3. If insufficient contingency funds are available to complete all work previously authorized as well as a new enhancement or upgrade, an Amendment to the Agreement shall be executed in advance of starting work.
4.2.3.1. Any additional services or materials requested by the City that would exceed the Maximum Compensation will be
addressed in an Amendment to the Agreement in advance of initiating work.
4.2.3.2. No products or services that will commit or authorize funds in excess of the contingency funds outlined in will be provided unless both Parties execute an Amendment to this
Agreement.
4.2.4. The City has identified the following system features / enhancements that may be implemented at a later time. Such features / enhancements shall be authorized using the process outlined in this Section 4.
Description
Ovation Machinery Health Monitor (OMHM) to replace
the Bently Nevada 3500 on the Steam Turbine
Workbench with Tie-back Simulation
Network Intrusion Detection /NID)
Vulnerability Assessment
Amendment No. 1 to AgreemenUEmerson Process ManagemenUExhibit B Rev. 10/25/19
Unit Price
$45,782
$185,000
$188,000
$39,000
5. INVOICING
5.1. Compensation and payment shall be made to Contractor by City based on Net Thirty (30) days payment terms.
5.2. The City will make payments when due in the form of a check, cashier's check, or wire transfer drawn on a U.S. financial institution.
6. LIQUIDATED DAMAGES
Liquidated damages shall not be applicable to the Ovation Excitation Project portion of this agreement.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit B Rev. 10/25/19
EXHIBIT F
SAMPLE WORK AUTHORIZATION FORM
This Work Order is issued by the City of Santa Clara acting by and through its Electric Utility, Silicon Valley Power (the "Department") to the contractor listed below. This Work Authorization shall constitute a binding legal contract between the Department and Contractor pursuant to the terms of the Agreement referenced in this Authorization.
All services shall be using the terms and rates included in the Agreement. In the event of any inconsistency between this Work Order and the Terms and Conditions of the Agreement, the Terms and Conditions of the Agreement shall govern and control.
PART A: GENERAL INFORMATION
Work Order No.: D Original
D First Revised
Contract No. D Second Revised
D Other
Contractor Name/Address:
Agreement Name:
Expiration Date of
Aareement:
Contractor's Project Name: Email:
Manager:
City's Project Manager Name: Email:
Period of Performance for Start Date: Expected Completion Date:
this Work Order:
Maximum Work Order Comoensation:
Previously Committed Continaencv Funds
Available Continaencv Funds
Sufficient funds are available in Fund #:
(to be comoleted bv Citvl
Signatures:
Contractor Name [Print]: Date:
~,
't:
V
City's Project Manager [Print]: Date:
;::,ignaw,"
Authorized City Representative Name [Print]*: Date:
u;;,,,aTure
* Authorized City Representatives include Electric Utility Assistant Director, Chief Electric Utility Operating Officer, Chief Electric Utility Officer Amendment No. 1 to Agreement/Emerson Process Management/Exhibit F Rev. 10/25/19
PART B: SERVICES TO BE PERFORMED
1. REVISED WORK ORDER
□ No
D If yes, provide a brief description of the change(s).
2. SCOPE OF WORK TO BE PERFORMED
The Contractor shall perform the service(s) described below in accordance with all of the Terms and Conditions of the Agreement. (Insert a detailed scope of work below or attach as a separate file.)
Amendment No. 1 to AgreemenUEmerson Process ManagemenUExhibit F Rev. 10/25/19
3. COMPENSATION
a. Basis of Compensation: D Time & Materials D Fixed Fee b. Reimbursable Expenses:
D No expenses are reimbursable.
D Expenses are separately reimbursable in the maximum amount of:
c. Payment Schedule:
D Monthly D Completion of Deliverable/Milestone D Completion of Work d. Payment Terms. Provide payment terms below or attach as a separate file.
Amendment No. 1 to Agreement/Emerson Process Management/Exhibit F Rev. 10/25/19
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-43 Agenda Date: 2/21/2023
REPORT TO COUNCIL
SUBJECT
Action on the Fourth Amendment to the Memorandum of Agreement with Santa Clara Valley Municipalities to Allow for the Continuation of the Santa Clara Valley Urban Runoff Pollution Prevention Program
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure; Promote Sustainability and Environmental Protection
BACKGROUND
The Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) assists local government agency members to comply with California Regional Water Quality Board requirements for discharges of storm water under the federal Clean Water Act. SCVURPPP was originally formed in 1990 through a Memorandum of Agreement (MOA) among Santa Clara Valley-based local government agencies, including Valley Water, the County of Santa Clara, and thirteen cities and towns, including the City of Santa Clara.
SCVURPP and other Bay Area municipalities were reissued a new Municipal Regional Stormwater Discharge Elimination Permit (MRP 3.0) last spring, which became effective on July 1, 2022. The current term of the MOA governing the SCVURPPP as established through its last amendment is set to expire on June 30, 2023, one year after the effective date of the MRP 3.0 issued by the Regional Water Board.
MRP 3.0 includes many of the requirements that were included in previous municipal regional Stormwater Permits. It also contains several new requirements designed to further address high priority water quality issues in Bay Area receiving waters. An Amendment to the MOA approved by all members is necessary to continue the SCVURPPP and leverage resources to comply with water quality monitoring, pollutants of concern, community outreach, reporting, future permit negotiations, and other aspects of the new permit.
DISCUSSION
In January 2023 Hilton, Farnkopf and Hobson (HF&H) reviewed SCVURPPP’s internal controls, practices and performance and concluded that the SCVURPPP Program functions and budget are appropriately managed and in line with other Bay Area stormwater programs. The Management Committee overseeing SCVURPPP subsequently voted to have its members authorize an amendment for timely approval by their governing bodies (or duly delegated officials) to extend its term for a year beyond the new MRP 3.0 duration. MRP 3.0 is set to expire on June 30, 2027, although MRP terms have historically been extended by a couple of years while the subsequent MRP is being negotiated and finalized.
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23-43 Agenda Date: 2/21/2023
The MOA’s terms require that amendments be unanimously approved by all participating municipalities within three months of being proposed through a recommendation of the SCVURPPP Management Committee. The Management Committee adopted such a recommendation on January 19, 2023, meaning the participating municipalities have until April 19, 2023 to consider this matter and execute their approvals. The City’s FY 2023/24 SCVURPPP Program cost will be $353,000, which is funded by Storm Drain Environmental Compliance Fee revenues.
The requested extension of the MOA’s term will allow the SCVURPPP Program to continue to operate and serve the participating municipalities, including the City of Santa Clara, throughout the term of MRP 3.0. The continuation of SCVURPPP will also provide for similar economies of scale and aligning of positions relative to reporting and compliance that have been achieved in the past.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of California Environmental Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has not potential for resulting in either a direct change in the environment, or as a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
The City’s estimated FY 2023/24 SCVURPPP assessment is $353,000, which is approximately 6.2 percent of the total SCVURPPP annual budget of $5,660,000. The SCVURPPP assessment is already part of the Department of Public Works’ Urban Runoff Pollution Prevention Program base budget, so a budget amendment is not necessary.
COORDINATION
This report has been coordinated with the City Attorney’s Office and City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Authorize the City Manager to execute the Fourth Amendment to the Memorandum of Agreement with Santa Clara Valley Municipalities to Allow for the Continuation of the Santa Clara Valley Urban Runoff Pollution Prevention Program
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Office of the City Manager
ATTACHMENTS
1. Memorandum of Agreement for the Santa Clara Valley Urban Runoff Pollution Prevention Program
2. Fourth Amendment to the Memorandum of Agreement for the Santa Clara Valley Urban Runoff Pollution Prevention Program
City of Santa Clara Printed on 2/16/2023Page 2 of 2
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sf-3677154
Appendix 1
Agreement Providing For Implementation
of the Santa Clara Valley Urban Runoff
Pollution Prevention Program
as fully executed as of March 10, 2000
AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM
THIS AGREEMENT, is made and entered into this _______ day of ____ 1999 by and between the SANTA CLARA VALLEY WATER DISTRICT (DISTRICT), a local public agency of the State of California; COUNTY OF SANTA CLARA, a political subdivision of the State of California; CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; and CITY OF SUNNYVALE, a municipal corporation of the State of California.
All of the above-mentioned entities are hereinafter collectively referred to as "PARTIES" or individually as "PARTY."
RECITALS:
A. The 1986 Water Quality Control Plan for the San Francisco Bay (Basin Plan), adopted by the California Regional Water Quality Control Board, San Francisco Bay Region, in implementation of the Federal Clean Water Act, required that PARTIES develop a program to control pollution from urban runoff, or nonpoint sources of water pollution in the Santa Clara Valley. ·
8. In furtherance of their responsibilities pursuant to the Basin Plan, the PARTIES have previously entered into a series of agreements to jointly fund the cost of preparing an action plan to evaluate nonpoint source pollutants, monitor identified pollutants, and develop control measures to mitigate or reduce nonpoint source pollution.
Collectively, the measures undertaken pursuant to the previous agreements and anticipated to continue pursuant to this Agreement, were known as the Santa Clara Valley Nonpoint Source Pollution Control Program and upon execution of this agreement henceforth shall be known as the Santa Clara Valley Urban Runoff Pollution Prevention Program (hereinafter called "Program").
C. In 1987 Congress added Section 402 (p) to the Federal Clean Water Act (CWA) (33 U.S.C. Section 1342 (p)), which requires certain municipalities and industrial facilities to obtain a National Pollutant Discharge Elimination System (NP DES) permit for the 76075_4 MOA JRG:MGD 10/19/99
SCVURPPP MEMORANDUM OF AGREEMENT Page 2 of 13
discharge of stormwater to navigable waters. NPDES permits are also required under Section 402 (p) for any stormwater discharge which the Federal Environmental Protection Agency (EPA) or a State has determined contributes to a violation of a water quality standard or is a significant contributor of pollutants to surface waters.
D. Section 402 (p) further required EPA to promulgate regulations for initial NPDES permit applications for stormwater discharges. The EPA promulgated such regulations in November 1990.
E. The EPA has delegated authority to the California State Water Resources Control Board (SWRCB) to administer the NPDES permit process within California and, in turn, the SWRCB has delegated authority to the California Regional Water Quality Control Board - San Francisco Bay Region (RWQCB-SFBR) to administer the NPDES permit process within its region.
F. Pursuant to Section 402 (p) of the CWA and EPA regulations, the RWQCB-SFBR adopted the following orders further defining the program that the PARTIES are to develop and implement:
1. Order No. 90-094 (NPDES Permit No. CA0029718), adopted June 20,1990; and
2. Order No 95-180 (NPDES Permit No. CAS029718); adopted August 23, 1995.
G. In and for the mutual interest of the PARTIES, the PARTIES wish to continue the Program by entering into this Agreement for the purpose of ensuring continued participation, in terms of cost and administrative responsibilities.
H. DISTRICT is a local public agency of the State of California duly organized and existing within the County of Santa Clara. The County of Santa Clara is a political subdivision of the State of California. All other PARTIES are municipal corporations, duly organized and existing under the laws of the State of California.
I. The RWQCB-SFBR is conducting a Watershed Management Initiative (WMI) in Santa Clara County. The Program is required, as part of its NPDES permit, to develop and implement a Watershed Management Measures Strategy. The Urban Runoff Management Plan of the Program contains the Program's Watershed Management Measures Strategy. This strategy, consistent with the NPDES permit, coordinates Program activities with the WMI to develop and implement cost-effective approaches to address specific urban runoff pollution problems. The Program, through a continuous improvement process, annually reviews the strategy. 76075_4 MOA JRG:MGD 10/19/99
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NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE, AS FOLLOWS:
Section 1. Santa Clara Valley Urban Runoff Pollution Prevention Program
1.01 The Santa Clara Valley Nonpoint Source Pollution Control Program ("Program") is hereby continued as the Santa Clara Valley Urban Runoff Pollution Prevention Program to fulfill the requirements of NPDES Permit No. CAS029718 as it exists, may be modified, or may be reissued in the future (hereinafter referred to as "NPDES Permit").
1.02 The Program is a collective effort and implementation of area-wide activities, designed to benefit all PARTIES.
Section 2. Management Committee
2.01 A Management Committee is hereby reconstituted to provide for overall Program coordination, review, and budget oversight, with respect to the NPDES Permit.
2.02 The Management Committee may as necessary adopt and revise Bylaws for its governance.
2.03 The Management Committee is the official management and oversight body of the Program. The Management Committee shall direct and guide the Program and review and approve the Program Budget. The Management Committee shall consider permit compliance, including benefit to a majority of the PARTIES, as a primary objective in approving Program tasks and corresponding budgets.
2.04 The Management Committee may periodically re-evaluate and make recommendations to the PARTIES concerning reallocation of the proportion of the annual Program contribution that each PARTY shall pay. ·
2.05 The voting membership of the Management Committee shall consist of one designated voting representative from each PARTY. An alternative voting representative may be appointed by each PARTY. The RWQCB SFBR may appoint a non - voting representative and alternate to the Management Committee.
2.06 A quorum of the Management Committee shall be achieved when at least nine (9) voting representatives, including at least one (1) representative from each of City of San Jose and Santa Clara Valley Water District, are present at any Management Committee meeting.
2.07 Meetings of the Management Committee, including any closed sessions with Program Legal Counsel, shall be conducted in accordance with the "Brown Act" 76075_4 MOA JRG:MGD 10/19/99
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(Government Code Section 54950 et seq.) The individual parties have differing opinions on whether the Brown Act legally should be interpreted as applying to members of the Management Committee. In executing this Agreement, the parties do not waive their right to take the position that the Brown Act legally does not apply, but voluntarily agree to follow Brown Act procedures for Management Committee meetings. Except for official meetings of the Management Committee, nothing herein shall be interpreted to require meetings between staff members of the individual Parties (including designated representatives of the Parties) to be subject to the Brown Act, where the Brown Act would not otherwise apply. Each party is individually responsible for ensuring that it complies with the Brown Act.
2.08 The affirmative vote of at least eight (8) voting members of the Management Committee, which collectively contribute at least fifty percent (50%) of the area-wide Program costs (a "Majority Voten), is necessary to approve any measure brought before the Management Committee. ·
2.09 The Management Committee shall be responsible for selecting any consultant(s) or contractor(s) who are to be paid from Program funds ("Outside Contractors"), using a process approved by the Contracting Agent, and for reviewing and approving any contracts with Outside Contractors, including the scope(s) of work, schedules of performance, use of subcontractors, and compensation for such Outside Contractors.
2.1 O The Management Committee shall select a PARTY or Outside Contractor to act as Program Manager for the Program. The Program Manager shall be responsible for Program management and administration, Permit management, and technical program management all in accordance with the NPDES Permit, this Agreement, Program Bylaws, and as directed by the Management Committee in the best interest of the PARTIES as a whole and individually. The Program Manager shall be paid, from Program funds in accordance with the adopted Program budget, for providing the services described hereunder. The Program Manager shall not be responsible for providing program management services related to individual PARTIES permit programs, but may provide such services under separate contract with any PARTY or PARTIES.
2.11 The Management Committee may select an attorney (Program Attorney) or firm that is experienced with the Clean Water Act and Municipal Stormwater NPDES Permits to provide legal advice to the Management Committee on all matters involving administration of the Program's NPDES permit and such other matters upon which the Management Committee may seek legal advice or request legal representation. Program Legal Counsel shall not be responsible for providing legal advice related to permit compliance to individual PARTIES, but may provide such services under separate contract with any PARTY or PARTIES. The Program Manager may 76075_4 MOA JRG:MGD 10/19/99
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assist in coordination of activities with the Program Attorney but shall not give direction without prior authorization from the Management Committee.
2.12 The Management Committee shall establish timelines and budgets for completion of Program tasks. The Management Committee shall rate the performance of the Program, and in turn rate the performance of the Program Manager, based upon the Program's ability to meet such approved timelines and budgets.
2.13 The Management Committee, through its Bylaws, may establish procedures for tracking, accounting for, and auditing the Program Fund.
Section 3. Program Budget
3.01 A collective budget for the Program (Program Budget) shall be based upon a projection of two consecutive fiscal year cycles, however, the Budget shall be adopted for only one fiscal year cycle. The Budget shall include a Contingency/Reserve Fund which shall not exceed ten percent (10%) of the operating costs of the adopted Budget.
3.02 The PARTIES shall each pay a yearly assessment into a fund established for Program operations for their assigned portion of the Program Budget. The proportionate share of the Program Budget that each PARTY shall pay is shown in the schedule marked Exhibit A hereto and incorporated by reference herein.
3.03 Except as provided in Section 6.03, the ending fund balance at the close of each fiscal year shall be disbursed annually to the PARTIES, or credited to the PARTIES' share of the next fiscal year's costs, in accordance with the PARTIES defined participation rates, as requested by each PARTY.
Section 4. Contracting/ Fiscal Agent
4.01 DISTRICT shall serve as the initial Contracting/Fiscal Agent for the Program.
4.02 DISTRICT may withdraw as the Contracting Fiscal Agent upon the provision of ninety days (90) days written notice to the Management Committee.
4.03 In the event that the Contracting/Fiscal Agent withdraws from the Program or from providing Contracting/Fiscal Agent services to the Program, another PARTY may serve as a successor Contracting/Fiscal Agent. Any PARTY willing to serve as successor Contracting/Fiscal Agent may be nominated by another PARTY. Selection of a Contracting/Fiscal Agent must be by majority vote of the Management Committee.
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4.04 The Contracting/Fiscal Agent shall act in a reasonable amount of time to execute contracts with Outside Contractors, including the Program Manager, which have been requested and approved by the Management Committee.
4. 05 The Contracting/Fiscal Agent shall be the treasurer of Program funds. The Contracting/Fiscal Agent, in accordance with generally accepted accounting procedures, shall keep the Program funds segregated from any other funds administered by the Contracting/Fiscal Agent; shall credit the Program with appropriate interest income earned on Program funds in each fiscal year; and shall not expend any funds except in accordance with the annual budget approved by the Management Committee or as otherwise directed by the Management Committee.
4.06 The Contracting/Fiscal Agent shall provide a copy of any contract executed on behalf of the Program to any PARTY or person designated by any PARTY or the Management Committee upon request. The governing body of the Contracting/Fiscal Agent, at its discretion, may delegate authority to execute agreements and contracts approved by the Management Committee, to a designated employee. Notice of any such delegation of authority shall be provided to the Management Committee.
4. 07 The Contracting/Fiscal Agent may request, as part of the annual Program Budget, reimbursement for reasonable and customary costs incurred in providing the services described hereunder. Reimbursement to the Contracting/Fiscal Agent shall be subject to Management Committee review and approval as part of the Program Budget.
Section 5. Ancillary Rights and Duties of the Parties
5.01 In addition to the participation in the Management Committee, the PARTIES accept and agree to perform the following duties:
76075_4 MOA
1. Each will comply with the NPDES Permit conditions set forth in its Community-Specific plan;
2. Each will participate in Management Committee meetings and other required meetings of the PARTIES;
3. Each will implement its Community-Specific program;
4. Each will provide certain agreed upon reports to the Program for purposes of reporting, on a joint basis, compliance with applicable provisions of the NPOES Permit and the status of Program JRG:MGD 10/19/99
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implementation; and
5. Each will individually address inter-agency issues, agreements or other cooperative efforts.
5.02 This Agreement does not restrict the PARTIES from the ability to individually ( or collectively) request NP DES Permit modifications and/or initiate NPDES Permit appeals for permit provisions to the extent that a provision affects an individual party (or group of PARTIES); however, any such PARTY (or PARTIES) shall make reasonable efforts to provide advance notice of their action to the other PARTIES and allow them to comment upon or join in their action before proceeding.
Section 6. Term of Agreement
6.01 The term of this Agreement shall commence on the date the last duly authorized representative of the PARTIES executes it.
6.02 This Agreement shall have a term of five (5) years.
6.03 Any PARTY may terminate its participation in this Agreement by giving the Chair of the Management Committee at least thirty (30) day written notice. The terminating PARTY will bear the full responsibility for its compliance with the NPDES Permit commencing on the date it terminates its participation, including its compliance with both Community-Specific and Program-wide responsibilities.
Unless the termination is scheduled to be effective at the close of the fiscal year in which the notice is given, termination shall constitute forfeiture of all of the terminating PARTY's share of the Program Budget, for the fiscal year in which the termination occurred (both paid and obligated but unpaid amounts). In addition, unless notice of termination is provided at least ninety (90) days prior to the date established by the Management Committee for approval of the budget for the succeeding fiscal year, termination shall constitute forfeiture of all of the terminating P ARTY's share of any unexpended, unencumbered funds remaining from all previous fiscal years. The cost allocations for the remaining PARTIES' may be recalculated for the following fiscal year by the PARTIES without the withdrawing PARTY's participation.
Section 7. General Legal Provisions
7.01. This Agreement supersedes any prior agreement among all the PARTIES regarding the Program, but does not supersede any other agreements between any of the PARTIES.
7. 02 This Agreement may be amended by unanimous written agreement of the PARTIES. All PARTIES agree to bring any proposed amendment to this Agreement to their Council or Board, as applicable, within three (3) months following acceptance by the Management Committee.
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I I I
7.03 This Agreement may be executed and delivered in any number of copies ("counterpart") by the PARTIES, including by means of facsimile. When each PARTY has signed and delivered at least one counterpart to the Program, each counterpart shall be deemed an original and, taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the PARTIES hereto.
7.04 No PARTY shall, by entering into this Agreement, participating in the Management Committee, or agreeing to serve as Fiscal Agent, Contracting Agent, Program Manager, and/or Legal Counsel, assume or be deemed to assume responsibility for any other PARTY in complying with the requirements of the NPDES Permit. This Agreement is intended solely for the convenience and benefit of the PARTIES hereto and shall not be deemed to be for the benefit of any third party and may not be enforced by any third party, including, but not limited to, the EPA, the SWRCB, and the RWQCB-SFBR, or any person acting on their behalf or in their stead.
7.05 In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the PARTIES pursuant to Government Code Section 895.6, the PARTIES agree that all losses or liabilities incurred by a PARTY shall not be shared pro rata but instead the PARTIES agree that pursuant to the Government Code Section 895.4, each of the PARTIES hereto shall fully defend, indemnify and hold harmless each of the other PARTIES from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts of omissions or willful misconduct of the indemnifying PARTY, its officers agents or employees, under or in connection with or arising from any work, authority or jurisdictions delegated to such PA"'RTY under this Agreement, including but not limited to any non-compliance by a PARTY with its obligations under the Program NPDES Permit. No PARTY, nor any officer, board member, employee or agent thereof shall be responsible for any damage·or liability incurred by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents under or in connection with or arising from any work, authority or jurisdictions delegated to such PARTY under this Agreement, including but not limited to any non-compliance by a PARTY with its obligations under the Program NPDES Permit.
7. 06 In the event that suit shall be brought by either party to this contract, the Parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or where otherwise appropriate, exclusively in the United States District Court, Northern District of California, San Jose, California.
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EXHIBIT A
SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM
SCHEDULE OF COST-SHARING PROPORTIONS
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Jurisdiction Proportional Share
Campbell 1.88%
Cupertino 2.46%
Los Altos 1.59%
Los Altos Hills 0.43%
Los Gatos 1.74%
Milpitas 2.75%
Monte Sereno 0.14%
Mountain View 3.91%
Palo Alto 4.06%
Santa Clara 6.23%
Saratoga 1.59°/4
Sunnyvale 7.25%
Santa Clara County 5.94%
Subtotal
San Jose
District
TOTAL
39.97%
30.01%
30.02%
100.00%
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1 FOURTH AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM
THIS FOURTH AMENDMENT TO AGREEMENT PROVIDING FOR
IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM (the “Amendment”) is entered into by and between the SANTA CLARA VALLEY WATER DISTRICT, a local public agency of the State of California (“District”); CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; CITY OF SUNNYVALE, a municipal corporation of the State of California; and COUNTY OF SANTA CLARA, a political subdivision of the State of California.
All of the above-mentioned entities are hereinafter collectively referred to as “Parties” or individually as “Party.”
RECITALS
A. The Parties previously entered into that certain Agreement Providing For Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (the “Agreement” or “MOA”) pursuant to which the Parties established certain terms and conditions relating to the implementation and oversight of the Santa Clara Valley Urban Runoff Pollution Prevention Program (the “Program”), including a cost sharing allocation, which was appended thereto as Exhibit A. Unless otherwise set forth herein, all terms shall have the meaning set forth in the Agreement as amended. A copy of the Agreement inclusive of Exhibit A is attached hereto as Appendix 1. A copy of the Agreement inclusive of all of its previous amendments is available via the internet at https://scvurppp.org/wp-
content/uploads/2019/10/MOA_2016_complete_package_DEC_2016.pdf); B. The Agreement originally provided for a five-year term, which, based on its execution, was set to conclude on or about March 10, 2005. However, on or about February 20, 2005, the Parties unanimously entered into a First Amendment to the Agreement, which extended the term of the Agreement by one additional year;
2 C. The Parties thereafter unanimously entered into a Second Amendment to the Agreement, which extended the term of the amended Agreement by “one fiscal year beyond the termination date of the (then) next NPDES Permit issued to the Parties, including any administrative extension of the (then) next NPDES Permit’s term which occurred pursuant to the NPDES regulations.” The next NPDES permit applicable to the Parties (and others) was subsequently adopted by the California Regional Water Quality Control Board, San Francisco Bay Region (“RWQCB SFBR”) on October 14, 2009 and was known as the Municipal Regional Permit (“MRP”) because it covered numerous public agencies in the San Francisco Bay Region in addition to the Parties. The MRP was then administratively extended until a new NPDES Permit applicable to the Parties (and the other public entities in the San Francisco Bay Region) was adopted by the California Regional Water Quality Control Board, San Francisco Bay Region, on November 19, 2015 (“MRP 2.0”). MRP 2.0 became effective on January 1, 2016 and was originally scheduled to terminate on December 31, 2020; D. The Parties thereafter unanimously entered into a Third Amendment to the Agreement, which once again extended the term of the amended Agreement by “one fiscal year beyond the termination date of the next NPDES Permit issued to the Parties, including any administrative extension of the next NPDES Permit’s term which occurred pursuant to the NPDES regulations.” MRP 2.0 was then administratively extended, largely due to the COVID-19 pandemic, until a new NPDES Permit applicable to the Parties (and the other public entities in the San Francisco Bay Region) was adopted by the California Regional Water Quality Control Board, San Francisco Bay Region, on May 11, 2022 (“MRP 3.0”). MRP 3.0 became effective on July 1, 2022 and is currently scheduled to terminate on June 30, 2027 unless administratively extended; E. The Parties expect to utilize the Program to continue to represent their interests relative to MRP 3.0 (including with respect to an administrative appeal of its adoption that the State Water Resources Control Board is considering to pursue on its own motion), to help them effectuate certain aspects of compliance with MRP 3.0, and, beyond that, in negotiating the terms of a further renewed NPDES Permit when MRP 3.0 nears the end of its anticipated five-year term and any administrative extension provided thereto;
F. The Parties also expect to continue to utilize the Program’s preferred approach of achieving consensus to resolve issues and reach decisions, and to rely on the Majority Vote mechanism set forth in Section 2.08 of the Agreement at the Management Committee level only when consensus-based resolutions appear or become elusive; G. The Parties now desire to update the Agreement as previously amended and further extend the term of the MOA as set forth below; H. Section 7.02 of the MOA provides that it may be amended by the unanimous written agreement of the Parties and that all Parties agree to bring any proposed amendments to their Council or Board, as applicable, within three (3) months following acceptance by the Management Committee; and
3 I. The Program’s Management Committee accepted this Amendment for referral to the Parties’ Councils and/or Boards at its meeting on January 19, 2023.
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS
FOLLOWS:
1. Recognition of Current Permit. Recital F of the Agreement, as previously amended, is hereby further amended by the addition of the following subsections:
6. Order No. R2-2009-0074 (the Municipal Regional Permit, NPDES Permit CAS612008); adopted October 14, 2009 and amended by the RWQCB SFBR on November 28, 2011;
7. Order No. R2-2015-0049 (MRP 2.0, NPDES Permit CAS612008); adopted by the RWQCB SFBR on November 19, 2015;
8. Order No. R2-2022-0018 (MRP 3.0, NPDES Permit CAS612008); adopted by the RWQCB SFBR on May 11, 2022.
2. Extension of Term of Agreement. Sections 6.02 and 6.02.01 of the Agreement, as previously amended, are hereby replaced as follows:
This Agreement shall have a term extending one fiscal year beyond the date of termination of MRP 3.0; such termination date shall, however, be deemed to include any administrative extension of MRP 3.0 which occurs or arises pursuant to the NPDES regulations or any modification of the MRP 3.0
termination date that arises from an NPDES permitting action undertaken by the RWQCB SFBR or California State Water
Resources Control Board.
3. Superseding Effect. This Fourth Amendment of the Agreement shall supplement all prior amendments of the Agreement and supersede any conflicting provisions of the prior amendments of the Agreement.
[remainder of page intentionally blank]
4 IN WITNESS WHEREOF, the Parties have executed this Fourth Amendment effective as of the last date indicated below or April 19, 2023, whichever arises earlier.
Santa Clara Valley Water District: By: ____________________________________ Name: ____________________________________
Title: ____________________________________
Date: ____________________________________
County of Santa Clara: By: ____________________________________ Name: ____________________________________
Title: ____________________________________
Date: ____________________________________
City of ____________________: By: ____________________________________ Name: ____________________________________
Title: ____________________________________
Date: ____________________________________
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-126 Agenda Date: 2/21/2023
REPORT TO COUNCIL
SUBJECT
Action on the Schematic Design - Master Plan for the New Public Mini Park at 2263 Calle Del Mundo (Ensemble Investments/Rethink Development - Tasman East Specific Plan)
COUNCIL PILLAR
Enhance Community Sports, Recreational and Arts Assets
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
On November 4, 2020, the City approved with conditions (Architectural Review Hearing, RTC #20- 1095) a 301-unit multi-family residential project with two live-work units and 650 square feet (sf) of co -working space proposed by Ensemble Investments/Rethink Development (Developer) to be located at 2263 Calle Del Mundo (Project). The Project will meet its parkland dedication requirements through a 0.2409-acre public mini park (Mini Park), a 3,442 sf (0.079-acre) community room and terrace, eligible private on-site recreational amenities, and payment of City Mitigation Fee Act (MFA) fees due in-lieu of parkland dedication in compliance with City Code 17.35. The Project’s 13,936 sf of improved parkland will also satisfy the Tasman East Specific Plan (TESP) pro rata requirement of 11,700 sf of the Hill District park space. The Mini Park will be designed and constructed by the developer, dedicated to the City in fee title, and will be maintained in perpetuity by the developer after dedication. The public Community Room with public restrooms will be a first-floor condominium unit in the mid-rise building and dedicated to the City.
The proposed park dedication by Developer will be sited adjacent to the Summerhill development park dedication. While the two public park parcels will be developed and dedicated to the City at separate times by different developers, the final park design will be an integrated, cohesive park experience for the new TESP neighborhood.
The Park parcel dedicated by Developer features: a park entry area, pétanque ball courts, open grass area, specimen tree grove with hammock and dual swings, drought tolerant landscaping, elevated patio terrace with game top picnic tables, dedicated park restrooms and community room open to the park area. Staff reviewed the park design for compliance with City park design standards and amenities, research based best practices, and worked with the developer’s design team to maximize the parks utility as well as to integrate the amenities with the adjacent park parcel.
Community Outreach & Public Input
On August 16, 2022, the Parks & Recreation Commission received a presentation of the proposed schematic design and amenities for the Mini Park (consistent with the Architectural Review approval), received public comment and provided Commission input (RTC #22-557). Following the Commission City of Santa Clara Printed on 2/16/2023Page 1 of 3
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23-126 Agenda Date: 2/21/2023
meeting, a community survey was posted on the City website from August 31 through September 20, 2022, with approximately 100 responses. Notice of the survey was announced at the Commission Meeting and an email was sent using the City’s GovDelivery system. In-person community input was also received at the Art & Wine Festival on September 17, 2022 at Central Park.
The community responded favorably to the initial park schematic design. Some of the highly requested features including walking paths, shade trees and drought tolerant plantings, were already part of the park’s initial schematic design. The community desired further, but minor, refinement to three of the program features. A few multi-seat swings were requested and were added at the Hammock Area. The lighting plan was improved with tree “up lighting” adding to the decorative lanterns and pole down lighting. Tables with game tops at the Community Room Terrace were added to the tables on the exterior of this area. A landscaped buffer was added along the streetscape.
DISCUSSION
On January 17, 2023, the Parks & Recreation Commission received a presentation (RTC #23-1527) by Ensemble Investments/Rethink Development of the revised Mini Park Schematic Design - Master Plan at 2263 Calle Del Mundo. The Commission reviewed and liked the revised Schematic Design, finding it modern, very responsive to the community input, and well suited to complement the adjacent park features and the needs of the Tasman East Hill District as a whole. The Commission recommended Council approval of the design. On February 21, 2023, Council will consider the Parks & Recreation Commission recommendation to approve the Mini Park Schematic Design - Master Plan at 2263 Calle Del Mundo.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment. The activity covered by this residential development project fall within the scope of the project analyzed under the Environmental Impact Report (EIR) for the Tasman East Specific Plan which included the construction of parks, which was approved on November 13, 2018 (Resolution No. 18-8623) pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.).
FISCAL IMPACT
There is no fiscal impact to the General Fund for the construction of the Mini Park and community room. The developer will design the Mini Park and the community room to City standards, construct the public park and community room improvements to code, and maintain the park in perpetuity, at no cost to the City. However, the City is responsible for managing the reservations, programming and ongoing janitorial for the community room. Fees for recreational use and programs will be based on the Parks & Recreation Cost Recovery Policy approved by City Council on April 19, 2022. Program fees will help offset ongoing costs.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and City of Santa Clara Printed on 2/16/2023Page 2 of 3
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23-126 Agenda Date: 2/21/2023
in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]>.
RECOMMENDATION
Approve the proposed Schematic Design - Master Plan for the New Public Mini Park at 2263 Calle Del Mundo.
Reviewed by: James Teixeira, Director of Parks & Recreation Approved by: Office of the City Manager
ATTACHMENTS
1. 2263 Calle Del Mundo Park Schematic Design - Master Plan City of Santa Clara Printed on 2/16/2023Page 3 of 3
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Council Meeting
23-126. Approval of the Schematic
Design – Master Plan for the New
Public Mini Park at 2263 Calle Del
Mundo (Ensemble
Investments/Rethink Development)
February 21, 2023
2 Background — Park Location
Patrick Henry Drive
Specific Plan
• Urban Design Framework
• Parks & Active
Recreational Amenities
~
(1)
:,
C
(1)
C)
~
(1)
:,
C
(1)
0 1111 I
r----
Calle De Luna
Parcel A
(previously
approved)
Parcel B
Lick Mill Station Ulistac
Natural Area
Santa Clara ·· · · ·•-· · - • . .
·~~"'"'""""·~··"" ' '""
r •
• August 16, 2022 – Parks & Recreation Commission Meeting #1 • September 17- 18, 2022 – Art & Wine Festival
• August 31, 2022 – September 20, 2022 – Community Survey • January 17, 2023 –Parks & Recreation Commission #2
o Recommendation for Approval
• Council Consideration of Approval February 21, 2023
3 Community Input & Commission Review
f;-~~ Cityof
t~ ?J Santa Clara
~ The Cen ter of Wh at's Possi ble
4 Parcel B Park Amenities
0 0
0 0
0 Petanque Courts
Petanque Courts Signage -
Explanation of Game Rules, Etc
Park Restrooms
Community Room
Outdoor Seating and Game
Tables
® Open Lawn
~ haded Hammock Swing Area
Park Game Signage -
Directions on how to check out games
from Lobby, etc.
Vegetative Border along back of
sidewalk
@ Multi-seat Swing
@ Tree Uplighting and Canopy Lanterns
@ Park Benches
@ Trash/Recycling Receptacles
.....
r..__
•
Landscape Plan
tA''•JYL411.ld .. ikii,i.lf.M
24" Box
Planting Design Notes
The planting design is to make ample use of native and adapted species to create a low maintenance and drought tolerant landscape.
Irrigation System Notes
All planting areas to be watered by an approved , automatic , underground irrigation system . A separate water meter to be provided for the irrigation system . The system is to include a weather based smart controller , remote controlled valves and high efficiency emitters. The system shall comply to all applicable water conserving rules and regulations .
.....
Landscape Plan – Planting Imagery
,,
Lagerstroemia
indica
-
Crepe
Myrtle
Shrub
Planting
Character
Imagery
Lighting Plan
Parcel B Site Lighting
0 I
String Lights
QTY: +/-200 Linear Feet
Pedestrian Scale Pole Light
QTY: +/-6
Tree Canopy Lantern
QTY : +/-4-5 per Tree (+/-20 total)
Tree Canopy Uplight
QTY: 3 per Tree (12 total)
Site Furnishings Plan
□
□
□
Park Bench:
Neoliviano with Center Arm
by Landscape Forms
QTY: 8
Trash Receptacle :
Apex Litter and Recycling
by Forms and Surfaces
QTY: 2
Ping Pong Table :
Amsterdam Ping
Pong/Dining Table
by Modern Digs
QTY: 1
Dining Table :
Vera Table with Game Top
Vera Benches
by MMCite
QTY: 2 Sets
□
•
Hammock :
Signature Bondi Hammock
by Yellow Leaf Hammock
QTY:7
Multi-Seat Swing :
Bench Swing
by Landscape Forms
QTY:2
....-
9 Parcel B Park Furniture & Amenities
Park Bench - to match Parcel A
Multi-Seat Swing
Park Table with Game Top
Trash/Recycle Receptacle - to match
Parcel A
10 Community Room – Floor Plan
7 I
-+-+--+-1lf-+--+1 l-+n-1 if
~~1~~1~11 If--
rARTIAL LE\'E L l PLAN · N.T.S.
KEYNOTES
I . Park community room
'2. Kitch.en witlt centml island
S. Flex seating
4 . L ecture space
5. Pro;ection Screen
6. Stomge
=
I?
I I >
I
I 11 111 111 11 11111 11 111 1111111
7. Operable garage door
8. Restroom
11 12
13 14
15 16
17 18
19 20
21 Council Consideration
• That Council approve the proposed Schematic Design - Master Plan for the New Public Mini Park at 2263 Calle Del Mundo.
f;-~~ Cityof
t~ ?J Santa Clara
~ The Cen ter of Wh at's Possi ble
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-158 Agenda Date: 2/21/2023
REPORT TO COUNCIL
SUBJECT
Action on a Resolution Authorizing the Use of City Electric Forces at Various Locations
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
Charter Section 1310 titled Contracts on Public Works states, in part, “that every contract involving an expenditure of more than one thousand dollars ($1,000) for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds shall be let to the lowest responsible bidder.” The section further states that “the City Council may declare and determine that, in its opinion, the work in question may be performed better or more economically by the City with its own employees, and after the adoption of a resolution to this effect by at least four affirmative votes, it may proceed to have said work done in the manner stated, without further observance of the provisions of this section.”
DISCUSSION
Staff believes that the work described below is best and most efficiently performed with City forces based upon the following factors: (1) the work is limited in size and scope; (2) City forces have knowledge and training in operating and maintaining the electric system that can be leveraged to more economically perform this work; and (3) bidding out the work and contracting with a private entity would not likely result in a lower overall cost or time savings. Therefore, staff recommends that the City Council make a finding that City forces can better perform the installation of the following electric facilities and approve the use of City forces.
Estimate Number: 37848
Location: Scott Boulevard and Harrison Street
Type of Service: New Business
Description of Work: Remove ± 130' underground low voltage wire. Install 1 streetlight and luminaire, 5 underground low voltage connectors, ± 65' underground low voltage wire, 1-200 A 120/240 meter.
Estimated Cost: $3,023
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 35957
Location: 3402 El Camino Real
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23-158 Agenda Date: 2/21/2023
Type of Service: New Business
Description of Work: Removal of a padmount transformer and installation of 2 new padmount transformers and a padmount switch to provide electricity to a new large multi -rise apartment structure.
Estimated Cost: $260,304
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37186
Location: 4062 Davis Street
Type of Service: New Business
Description of Work: Remove 1-200A Electric service meter, ±60' low voltage overhead service wire. Install 1-200A electric service meter, ±90' low voltage overhead service wire.
Estimated Cost: $1,064
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 38519
Location: 5407 Stevens Creek Boulevard
Type of Service: New Business
Description of Work: Remove ±200' underground low voltage wire. Install ±200' underground low voltage wire, 2-underground connectors, 1-streetlight and pole.
Estimated Cost: $5,213
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 38257
Location: 2225 Calle de Luna
Type of Service: New Business
Description of Work: Remove 1-padmount transformer, ±55' high voltage underground wire, 1- crossarm, 3-cutouts, 3-fuses, 1-800A service meter.
Estimated Cost: $7,018
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 38325
Location: 2620 Tuliptree Lane
Type of Service: New Business
Description of Work: Remove ±130' underground secondary wire - direct buried. Install ±130' underground secondary wire and 1-400A service meter.
Estimated Cost: $3,381
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
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23-158 Agenda Date: 2/21/2023
Source of Revenue: Customer/Developer Contribution
ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the actions being considered are exempt from the California Environmental Quality Act (“CEQA”) pursuant to the following sections of Title 14 of the California Code of Regulations: (1) 15302(c) (Class 2 - Replacement or Reconstruction) as the proposed work involves the replacement or reconstruction of existing utility systems and/or facilities involving negligible expansion of capacity, and (2) 15303 (Class 3 - New Construction or Conversion of Small Structures), because the proposed work involves the construction of a limited number of small electric utility facilities.
FISCAL IMPACT
The funds to support the staff time for work performed by SVP and related construction materials for the work detailed in this report, totaling $280,003 are included in the Fiscal Year 2022/23 Capital Budget, New Business Estimate Work project in the Electric Utility Capital Fund. All referenced work will be performed with City Electric Forces (SVP staff). Some work associated with encroachment permits may be performed by the Department of Public Works (DPW). DPW costs are recovered through payment of permit fees.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Determine the proposed actions are exempt from CEQA pursuant to Sections 15302 (c) and 15303 of Title 14 of the California Code of Regulations and adopt a Resolution authorizing the use of City Electric Forces for work detailed in this Report to Council located at Scott Boulevard and Harrison Street, 3402 El Camino Real, 4062 Davis Street, 5407 Stevens Creek Boulevard, 2225 Calle de Luna, and 2620 Tuliptree Lane.
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Office of the City Manager
ATTACHMENTS
1. Resolution - Use of City Electric Forces
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Resolution/Use of City Electric Forces Page 1 of 2
Rev: 03-09-18
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
AUTHORIZING THE USE OF CITY ELECTRIC FORCES
PURSUANT TO CHARTER SECTION 1310
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, the City of Santa Clara’s Charter section 1310 requires all contracts involving an expenditure of over $1,000 for the construction or improvement (excluding maintenance and repair) of a public works project to be let to the lowest responsible bidder; WHEREAS, Charter section 1310 permits the City of Santa Clara (“City” or “City of Santa Clara”) to use its own employees if the City Council , by motion passed by at least four affirmative votes, determines that the public works may be done better or more economically by the City’s own employees, and, upon such determination, the City may proceed to have the public works project completed without further observance of Charter section 1310; WHEREAS, the City’s Electric Department desires to perform certain public works, as set forth in the Report to Council, dated February 21, 2023, by its own employees; and, WHEREAS, the City’s Electric Department has presented evidence supporting that the work in question may be performed better or more economically by the City with its own employees.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. The City Council of the City of Santa Clara does hereby declare and determine that the public works project set forth in the 23-158 Report to Council, attached hereto and incorporated by this reference, may be performed better or more economically by the City with its own employees.
///
///
Resolution/Use of City Electric Forces Page 2 of 2
Rev: 03-09-18
2. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2023, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference: February 21, 2023, Report to Council #23-158.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-129 Agenda Date: 2/21/2023
REPORT TO COUNCIL
SUBJECT
Action on the Proposed Schematic Design - Master Plan for a New Public Mini Park at 3000 Patrick Henry Drive (SummerHill)
COUNCIL PILLARS
Enhance Community Sports, Recreational and Arts Assets
Enhance Community Engagement and Transparency
BACKGROUND
The Santa Clara City Code Chapter 17.35 <http://www.codepublishing.com/CA/SantaClara/> (Park and Recreational Land) requires new residential developments to provide developed parkland and recreational amenities pursuant to the California Quimby Act (Quimby) and/or the Mitigation Fee Act (MFA), and/or pay a fee in-lieu thereof. The MFA standard is 2.6 acres of parkland per 1000 residents. Parkland required and/or dedicated is also reviewed in the context of Council approved specific plans and Municipal Fee Schedule, as well as applicable codes, parks & recreation program goals, research based best practices, and design standards.
SummerHill Apartment Communities (Developer) is proposing a 7-story, 305 residential unit mixed- use project with 4,000 square feet (sf) of retail space to be located at 3000 Patrick Henry Drive (Project). The Developer’s Project proposes to meet its City parkland dedication requirement through a 9,250sf (0.21-acre) public Mini Park for the arts (Mini Park), a 4,900sf (0.011-acre) community art center, and payment of City Mitigation Fee Act (MFA) fees due in-lieu of parkland dedication in compliance with City Code 17.35. The proposed Mini Park and the community art center will be situated north of Mission College and across the street from a Neighborhood Park with potential for a community center, gymnasium and parking. The Mini Park will be constructed by the Developer, dedicated to the City in fee title, and maintained by the City with a to be determined level of funding from a proposed Patrick Henry Drive Specific Plan Community Facility District.
Due to the size, shape, and location as well as adjacent amenities, shared access/connectivity, potential thematic and programmatic synergy, and the public nature of the park and the recreational facility, the future art center has also been considered in the planning and design of the Mini Park.
The community art center will be a first-floor condominium unit in the mixed-use building and dedicated to the City in fee title. The City will be responsible for the center’s program, operations, maintenance, and tenant improvements. Due to the timing/schedule of the development application, the community outreach and interior design of the art center will occur separately from the Mini Park parcel. The City has issued a request for an SOQ and is in the process of selection on the consultant that will be assisting in the design of tenant improvements for the art center.
On November 15, 2022, the Parks & Recreation Commission (Commission) received a presentation City of Santa Clara Printed on 2/16/2023Page 1 of 3
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23-129 Agenda Date: 2/21/2023
of the proposed schematic design for the mini park at 3000 Patrick Henry Drive, received public comment, and provided Commission input (RTC #22-1356).
Community Outreach & Public Input
Community outreach for the schematic design and master plan of the mini park included a Community Survey that was posted on the City website after the Commission Meeting and was available to the public from November 16 - December 13, 2022. Notice was given at the Commission Meeting and an email was sent using the City’s GovDelivery system. A park specific community meeting was held on December 12, 2022 that followed a prior community meeting regarding the Developer’s Project of which the community/civic center and the public Mini Park are a small part.
Most, if not all, of the items requested by the community in the community meeting and the survey were already included in the initial schematic design. However, there was a request for more shade trees which have been added. There are two public art installations proposed for the mini park that will be subject to a City process anticipated to be determined at a later date through the normal Cultural Commission call for artists and jury process. Temporary art installations contemplated for the mini park developed at the art center programs will follow the City’s regular Recreation program display guidelines and timeframes, while periodic Cultural Commission temporary art displays will follow their procedures.
DISCUSSION
On January 17, 2023, the Parks & Recreation Commission received a presentation by the Developer of the revised Mini Park Schematic Design - Master Plan at 3000 Patrick Henry Drive. The Commission reviewed and liked the revised Schematic Design with the additional shade trees. The Commission then recommended that Council approve the park schematic design and master plan (Attachment 1).
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment. The activity covered by this residential development project falls within the scope of the project analyzed under the Environmental Impact Report (EIR) for the Patrick Henry Specific Plan which included the construction of parks, which was approved on January 12, 2022 (Resolution No. 22-9061) pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.).
FISCAL IMPACT
According to the Patrick Henry Drive Specific Plan, each landowner/developer will be responsible for construction and dedication of any public parkland contribution at no cost to the City and maintenance of public parkland may be funded through either a Community Facilities District or other maintenance agreement. Therefore, there is anticipated to be no fiscal impact to the General Fund for the outreach, design and capital construction and maintenance of the Mini Park. The Developer will design and construct the Mini Park to City standards. It is anticipated that the Community Facilities District, will pay for ongoing maintenance funded primarily by the community/neighborhood which it serves. Public parks and recreational programs and services held in City parks are subject to the City’s adopted cost recovery policy and fee schedule; programs with high community benefit are subsidized at higher levels by the City General Fund, and programs with high individual, but low City of Santa Clara Printed on 2/16/2023Page 2 of 3
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23-129 Agenda Date: 2/21/2023
community benefit, are subsidized at lower levels.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> <<mailto:[email protected]>>.
RECOMMENDATION
Approve the proposed Schematic Design - Master Plan for the New Public Mini Park at 3000 Patrick Henry Drive.
Reviewed by: James Teixeira, Director of Parks & Recreation Approved by: Office of the City Manager
ATTACHMENTS
1. 3000 Patrick Henry Drive Park Schematic Design - Master Plan City of Santa Clara Printed on 2/16/2023Page 3 of 3
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Council Meeting
23-129. Approval of the Schematic
Design - Master Plan for the New
Public Mini Park at 3000 Patrick
Henry Drive (SummerHill)
February 21, 2023
2 Patrick Henry Drive Specific Plan
Background
• Adopted March 22, 2022
• 74-acre area
• Urban Design Framework
• Parks & Active Recreational
Amenities
• 3000 Patrick Henry Drive
• Community/Civic use
• Mini-Park (art related)
~~~ Cityof
1 ' ~ - ''?J Santa Clara --~-"'·•••o" The Cen ter of Wh at's Possi ble ..J
..
> > z
z
:,
..
..J
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VI
M1ss10n C~lege Blvd
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FIGURE 4.2: URBAN DESIGN FRAMEWORK
[ : J Study Alea
-
Plaza
-
~~~::,!'~~tton ~
~ Ex1st1ng Parcel
-
Retail Exosung Greenway ~- ➔ 'Y .... .,
c:::::::::J Existing Parcel
-
Commun,ty / CMc Prop0Sed Greenway
._,AtNI
-
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-
Fl~x (Off ice, Retool) •-• Sla.vS treet
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3 Community Input
• November 15, 2022 – Parks & Recreation Commission Meeting #1 • December 12, 2022 – Community Meeting
• November 16 to December 13, 2022 – Community Survey
• January 17, 2023 – Parks & Recreation Commission Meeting #2 • February 21, 2023 – City Council Meeting
o Recommendation for Approval
f;-~~ Cityof
t~ ?J Santa Clara
~ The Cen ter of Wh at's Possi ble
Park Location
• 3000 Patrick Henry Drive
o 0.21 acre mini park
• Adjacent to
Civic/community space
(visual art center)
•
COMMUNITY
/
CIVIC
VISUAL
ART
CENTER
I I I I I I I
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CONNECTIVITY TO FUTURE PARK
• FUTURE ACCESS TO ADJ PARK, TYP OF 3
CLOSE RELATIONSHIP TO INTERIOR SPACE
• PATIO OUTSIDE INTERIOR SPAC E FOR O UTDOOR
GATHERING S
• PARK WILL BE AT SAM E FINISH FLOOR ELEVATION AS
THE ART CENTER INTERIOR SPACE, APPROXIMATELY 1FT
ABOVE STREET CURB
ART'ROOMS '
• PERMANENT AND TEMPORARY ART INSTALLATIONS
• ADD ARTISTIC FLAIR TO FIXED LANDSCAPE
ELEMENTS, SUCH AS SEAT WALL AND SHADE
STRUCTURES
• COMBINA TION O F LARGE GAT HERING SPACE
FOR LARGER COMMUNITY EVENTS AND SMA LLER,
MORE ISOLATED SPACES FOR QU IET AND MEDITATIVE
MOMENTS AND UNEXPECTED ART DISCOVERY
• CHANGES IN ELEVATION AND
GRADE TO VARY THE ART V IEWING
EXPERIENC E
STREETSCAPE
• UNIFY FRONTAGE WITH 7FT WIDE
SIDEWA LK, SFT PARKSTRIP, AND
STREETTREE, PER PATRICK HENRY
SPE Cl FIC PLAN
WELCOME PLAZA
• CREATE A WELCOM ING
ENTRANCE TO THE OUTDOOR
COMMUN ITY SPAC E
• UN IVERSAL ACCESSIBLE
ACCESS WITH A COMB INATIO N
O F STAIRS AND SLOPED WALK
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6 Park Amenities
• 5 Outdoor Art Rooms
• 6 Bicycle Parking Spaces
• 5 Fixed Benches
• 5 Seat Walls (70 seats)
• 3 Loose Table and Chairs with Umbrellas
• 2 Permanent Focal Art Areas
• Landscape Plan
o 8 Large and 13 Small Accent and Shade Trees
o Shrubs, Perennials & Native Groundcovers per Plan
• Accessibility and Universal Design for all Ages and Abilities f;-~~ Cityof
t~ ?J Santa Clara
~ The Cen ter of Wh at's Possi ble
Park Schematic Design – Master Plan
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• That Council approve the proposed Schematic Design – Master Plan for the New Public Mini Park at 3000 Patrick Henry Drive
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-56 Agenda Date: 2/21/2023
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Action on Stadium Authority Bills and Claims for the Month of December 2022
BOARD PILLARS
Enhance Community Engagement and Transparency
Ensure Compliance with Measure J and Manage Levi’s Stadium
BACKGROUND
Disbursements made by the Stadium Authority are based on invoices submitted for payment. Prior to payment, staff reviews all disbursement documents to ensure that they are in compliance with the goods or services provided.
The Bills and Claims listing represents the cash disbursements required of normal and usual operations during the period. Budget control is set by the Stadium Authority Board through the budget adoption process.
DISCUSSION
On March 27, 2019 the Stadium Authority Board directed staff to stop payment of any Stadium Authority invoices for services unless there is substantial documentation of services rendered, which must be performed in compliance with applicable laws, including the City Code. Since March 27, 2019, staff received direction to pay Stadium Authority invoices related to SBL sales and services, insurance, and utilities.
At the March 15, 2022, Stadium Authority Board meeting, the Board delegated authority to the Office of the Executive Director and Treasurer to approve budget amendments that move funds from the Legal Contingency to Shared Expenses upon confirmation regarding adequate documentation of costs. Subsequent to that direction, Stadium Authority staff met with the Stadium Manager on April 12, 2022 to review documentation for shared expenses. Following meetings with the Stadium Manager, payments related to compensation that were reviewed and approved were included in the May monthly payment.
Effective August 31, 2022, the Stadium Authority and Stadium Manager agreed to the timely payment of Shared Stadium Expenses and other budgeted expenses in accordance with the Annual Stadium Authority Budget-except for buffet expenses invoiced pursuant to Section 4.6.1 of the Stadium Lease.
The Stadium Authority maintains the right to confirm and dispute submitted charges from the 2021-22 fiscal year and subsequent years during a fiscal-year-end reconciliation/true-up, which would allow the Stadium Authority to address any concerns regarding improper allocation or calculation, lack of support, or failure to comply with the Parties’ contracts or applicable law, among other reasons. The Stadium Authority may raise such questions with respect to any charge at any time before a fiscal City of Santa Clara Printed on 2/16/2023Page 1 of 4
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23-56 Agenda Date: 2/21/2023
year-end reconciliation/true-up and the Stadium Manager must assess and respond to such questions in good faith.
Expenses paid in December 2022 include:
· Payment totaling $140,521.05 to the City of Santa Clara for the following:
o $73,165.75 for the Senior and Youth Fees collected ($0.35 per ticket) for three National Football League (NFL) games.
o $67,355.30 for SCSA G&A Expenses in CSC01 BU
· Payment totaling $627,875.80 to Forty Niners SC Stadium Co, LLC for CFD Advance Payment - Principal & Interest
· Payment totaling $1,098,293.44 to Forty Niners Stadium Management Co, LLC for the following:
o $135,569.00 for December 2022 Stadium Manager Expenses - Security o $318,933.00 for December 2022 Stadium Manager Expenses - Stadium Ops o $207,406.00 for December 2022 Stadium Manager Expenses - Engineering o $48,914.00 for December 2022 Stadium Manager Expenses - Guest Services o $41,463.00 for December 2022 Stadium Manager Expenses - Grounds o $174,077.00 for December 2022 Stadium Manager Expenses - SBL Sales & Service o $149,758.00 for December 2022 Stadium Manager Expenses - Insurance o $13,839.44 for December 2022 Stadium Manager Expenses - Use of StadCo Tenant Improvements
o $8,334.00 for December 2022 Stadium Manager Expenses - Lender Fees · Payment totaling $25,326.00 to Armanino LLP for FMS - Managed Services (Year 1) · Payment totaling $475,135.38 to Bear Electrical Solutions, Inc for the following:
o $59,144.54 for CapEx Proj - Gold Lot 4 and 5 Lighting o $415,990.84 for CapEx Proj - Levi’s Naming Rights Existing Signage Lighting and Driver Repair
· Payment totaling $242,250.00 to Bear Fireproofing for CapEx Proj - Stadium Insulation · Payment totaling $19,979.45 to Blue’s Roofing Co. for CapEx Proj - General Areas / Coatings Main Deck
· Payment totaling $59,709.88 to CDW Government for CapEx Proj - Command Post Communication Equipment
· Payment totaling $337.50 to Contractor Compliance and Monitoring, Inc for August 2022 Labor Compliance Services
· Payment totaling $36,508.05 to EyeP Solutions, Inc for CapEx Proj - License Plate Reader at Vehicle Entry Gates
· Payment to Hanson Bridgett LLP for November 2022 Legal Services · Payment totaling $4,980.00 to Hellmuth, Obata & Kassabaum, Inc for CapEx Proj - Stadium Insulation
· Payment totaling $6,012.00 to HKS Architects, Inc for the following:
o $390.00 for CapEx Proj - Stadium Event Power Upgrades & Switchgear Electrical o $390.00 for CapEx Proj - CO2 Monitoring & Sensors for Code Compliance o $1,222.00 for CapEx Proj - Variable Frequency Drive(s) o $1,952.00 for CapEx Proj - Radio Booth Cabling
o $2,058.00 for CapEx Proj - Kitchen Exhaust Fans
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23-56 Agenda Date: 2/21/2023
· Payment totaling $14,969.43 to InTWO, Inc. for the following:
o $6,052.81 for FMS Monthly Services - September 2022
o $4,458.31 for FMS Monthly Services - October 2022
o $4,458.31 for FMS Monthly Services - November 2022
· Payment to Jeffer Mangels Butler & Mitchell LLP for May 2022 Legal Services · Payment totaling $2,424.84 to LN Curtis & Sons for CapEx Proj - PPE Replacement (Nomex Bottoms)
· Payment totaling $38,505.00 to M. Arthur Gensler Jr. & Associates, Inc for the following:
o $9,825.00 for CapEx Proj - Updated Stadium Wayfinding Signage o $4,375.00 for CapEx Proj - Stadium Event Signage
o $6,525.00 for CapEx Proj - General Areas / Coatings Main Deck o $9,800.00 for CapEx Proj - Overhead Doors, Motors, Sensors, and Track Replacements
o $7,980.00 for CapEx Proj - Smoke Evacuation System - Fire Smoke Curtain Replacement
· Payment totaling $83,417.00 to Populous Group, LLC for the following:
o $13,920.00 for CapEx Proj - Women’s Locker Room
o $28,200.00 for CapEx Proj - Replace Furniture
o $41,297.00 for CapEx Proj - Aesthetic Improvements - Premium Areas/Special Event Spaces
· Payment totaling $46,407.43 to Pumpman Norcal for CapEx Proj - Lift Station · Payment totaling $2,697.75 to R.E. Cuddie Co. for CapEx Proj - Non-Slip Floor Matting · Payment totaling $5,823.50 to Wilson Ihrig for October 2022 Noise Monitoring Services The Supreme Court of California in Los Angeles County Board of Supervisors v. Superior Court, (2016) 2 Cal.5th 282, held that invoices specifying the amounts billed by a law firm to a client fall within the scope of attorney-client privilege while the matters are active. In accordance with the Supreme Court’s ruling, information that would compromise legal strategy, and would otherwise be privileged, is redacted consistent with the Public Records Act.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to section 15378(b)(4) of Title 14 of the California Code of Regulations in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
FISCAL IMPACT
The fiscal impact to the Stadium Authority is itemized above.
COORDINATION
This report has been coordinated with the Stadium Authority Counsel’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a City of Santa Clara Printed on 2/16/2023Page 3 of 4
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23-56 Agenda Date: 2/21/2023
Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]>.
RECOMMENDATION
Approve the list of Stadium Authority Bills and Claims for December 2022.
Reviewed by: Kenn Lee, Treasurer
Approved by: Office of the Executive Director
ATTACHMENTS
1. December 2022 SCSA Bills and Claims
City of Santa Clara Printed on 2/16/2023Page 4 of 4
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Payment Date Vendor Invoice No. Description Fund Amount 12/15/2022 Bank of America N/A November 2022 Bank Fees (Account 0444) CapEx 1,339.17 12/15/2022 Bank of America N/A November 2022 Bank Fees (Account 0425) Operating 230.76 1,569.93
12/5/2022 City of Santa Clara N/A Senior/Youth Fees for NFL Game 5 Operating 24,394.30 12/15/2022 City of Santa Clara N/A Senior/Youth Fees for NFL Game 6 Operating 24,317.65 12/15/2022 City of Santa Clara N/A Senior/Youth Fees for NFL Game 7 Operating 24,453.80 12/29/2022 City of Santa Clara N/A Reimburse CSC for SCSA G&A Expenses Operating 67,355.30 140,521.05
12/19/2022 Forty Niners SC Stadium Co, LLC N/A CFD Advance Payment - Principal Interest Debt Service 627,875.80 12/1/2022 Forty Niners Stadium Management Co, LLC SLS-23733 December 2022 Std Mgr - Security Operating 135,569.00 12/1/2022 Forty Niners Stadium Management Co, LLC SLS-23733 December 2022 Std Mgr - Stadium Ops Operating 318,933.00 12/1/2022 Forty Niners Stadium Management Co, LLC SLS-23733 December 2022 Std Mgr - Engineering Operating 207,406.00 12/1/2022 Forty Niners Stadium Management Co, LLC SLS-23733 December 2022 Std Mgr - Guest Services Operating 48,914.00 12/1/2022 Forty Niners Stadium Management Co, LLC SLS-23733 December 2022 Std Mgr - Grounds Operating 41,463.00 12/1/2022 Forty Niners Stadium Management Co, LLC SLS-23733 December 2022 Std Mgr - SBL Sales & Service Operating 174,077.00 12/1/2022 Forty Niners Stadium Management Co, LLC SLS-23733 December 2022 Std Mgr - Insurance Operating 149,758.00 12/1/2022 Forty Niners Stadium Management Co, LLC SLS-23733 December 2022 Std Mgr - Use of StadCo Tenant Improvements Operating 13,839.44 12/1/2022 Forty Niners Stadium Management Co, LLC SLS-23733 December 2022 Std Mgr - Lender Fees Operating 8,334.00 1,098,293.44
12/9/2022 Armanino LLP 972720 FMS - Managed Services (Year 1) Operating 25,326.00 12/7/2022 Bear Electrical Solutions, Inc 16969 CapEx Proj - Gold Lot 4 and 5 Lighting CapEx 59,144.54 12/7/2022 Bear Electrical Solutions, Inc 16472 CapEx Proj - Levi's Naming Rights Existing Signage Lighting and Driver Repair CapEx 202,390.34 12/7/2022 Bear Electrical Solutions, Inc 16842 CapEx Proj - Levi's Naming Rights Existing Signage Lighting and Driver Repair CapEx 213,600.50 475,135.38
12/7/2022 Bear Fireproofing 2085 CapEx Proj - Stadium Insulation CapEx 242,250.00 12/15/2022 Blue's Roofing Co. 30459 CapEx Proj - General Areas / Coatings Main Deck CapEx 19,979.45 12/7/2022 CDW Government CH70232 CapEx Proj - Command Post Communication Equipment CapEx 2,296.53 12/7/2022 CDW Government DL48605 CapEx Proj - Command Post Communication Equipment CapEx 22,965.34 12/7/2022 CDW Government BM52925 CapEx Proj - Command Post Communication Equipment CapEx 34,448.01 59,709.88
12/28/2022 Contractor Compliance and Monitoring, Inc 17034 August 2022 Labor Compliance Services Operating 337.50 12/7/2022 EyeP Solutions, Inc 22-344 CapEx Proj - License Plate Reader at Vehicle Entry Gates CapEx 36,508.05 12/28/2022 Hanson Bridgett LLP 1335509 November 2022 Legal Services Operating 12/28/2022 Hellmuth, Obata & Kassabaum, Inc 21.04091.05-1 CapEx Proj - Stadium Insulation CapEx 4,980.00 Santa Clara Stadium Authority
Bills and Claims
Expenses Paid by Wire or ACH Transfer
For the Month of December 2022
Payment Date Vendor Invoice No. Description Fund Amount Santa Clara Stadium Authority
Bills and Claims
Expenses Paid by Wire or ACH Transfer
For the Month of December 2022
12/28/2022 HKS Architects, Inc 25326.001(3) CapEx Proj - Stadium Event Power Upgrades & Switchgear Electrical CapEx 390.00 12/28/2022 HKS Architects, Inc 25326.001(3) CapEx Proj - CO2 Monitoring & Sensors for Code Compliance CapEx 390.00 12/28/2022 HKS Architects, Inc 25326.001(3) CapEx Proj - Variable Frequency Drive(s) CapEx 1,222.00 12/28/2022 HKS Architects, Inc 25326.001(3) CapEx Proj - Radio Booth Cabling CapEx 1,952.00 12/28/2022 HKS Architects, Inc 25326.001(3) CapEx Proj - Kitchen Exhaust Fans CapEx 2,058.00 6,012.00
12/28/2022 InTWO, Inc 28085 FMS Monthly Services - September 2022 Operating 6,052.81 12/28/2022 InTWO, Inc 28370 FMS Monthly Services - October 2022 Operating 4,458.31 12/28/2022 InTWO, Inc 28629 FMS Monthly Services - November 2022 Operating 4,458.31 14,969.43
12/9/2022 Jeffer, Mangels, Butler & Mitchell LLP 1869784 May 2022 Legal Services Operating 12/7/2022 LN Curtis & Sons INV650365 CapEx Proj - PPE Replacement (Nomex Bottoms) CapEx 2,424.84 12/28/2022 M. Arthur Gensler Jr. & Associates, Inc 1029516 CapEx Proj - Updated Stadium Wayfinding Signage CapEx 200.00 12/28/2022 M. Arthur Gensler Jr. & Associates, Inc 1029518 CapEx Proj - Stadium Event Signage CapEx 475.00 12/28/2022 M. Arthur Gensler Jr. & Associates, Inc 1025604 CapEx Proj - Updated Stadium Wayfinding Signage CapEx 3,150.00 12/28/2022 M. Arthur Gensler Jr. & Associates, Inc 1025607 CapEx Proj - Stadium Event Signage CapEx 3,200.00 12/28/2022 M. Arthur Gensler Jr. & Associates, Inc 1011470 CapEx Proj - Updated Stadium Wayfinding Signage CapEx 6,475.00 12/28/2022 M. Arthur Gensler Jr. & Associates, Inc 1011471 CapEx Proj - General Areas / Coatings Main Deck CapEx 6,525.00 12/28/2022 M. Arthur Gensler Jr. & Associates, Inc 1040951 CapEx Proj - Stadium Event Signage CapEx 700.00 12/28/2022 M. Arthur Gensler Jr. & Associates, Inc 1040959 CapEx Proj - Overhead Doors, Motors, Sensors, and Track Replacements CapEx 9,800.00 12/28/2022 M. Arthur Gensler Jr. & Associates, Inc 1040955 CapEx Proj - Smoke Evacuation System - Fire Smoke Curtain Replacement CapEx 7,980.00 38,505.00
12/28/2022 Populous Group, LLC 74284 CapEx Proj - Women's Locker Room CapEx 6,900.00 12/28/2022 Populous Group, LLC 74283 CapEx Proj - Replace Furniture CapEx 13,350.00 12/28/2022 Populous Group, LLC 74634 CapEx Proj - Women's Locker Room CapEx 7,020.00 12/28/2022 Populous Group, LLC 74635 CapEx Proj - Aesthetic Improvements - Premium Areas/Special Event Spaces CapEx 41,297.00 12/28/2022 Populous Group, LLC 74633 CapEx Proj - Replace Furniture CapEx 14,850.00 83,417.00
12/7/2022 Pumpman Norcal 65432B CapEx Proj - Lift Station CapEx 46,407.43 12/7/2022 R.E. Cuddie Co. T10673(2) CapEx Proj - Non-Slip Floor Matting CapEx 2,697.75 12/9/2022 Wilson Ihrig 16125N49 October 2022 Noise Monitoring Services Operating 5,823.50 December 2022 Total
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-263 Agenda Date: 2/21/2023
REPORT TO COUNCIL
SUBJECT
Action on Appointment to Cities Association of Santa Clara County Board of Directors (Alternate Member) for the 2023 Calendar Year
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
At the February 7, 2023 City Council meeting, the Council approved the 2023 City Committees (Attachment 1) and the 2023 Outside Agency Committees (Attachment 2).
DISCUSSION
On February 7, 2023, the Council deferred the decision to appoint an alternate member to the Cities Association of Santa Clara County Board of Directors. Councilmember Kathy Watanabe is currently the member and the alternate member is currently vacant.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
There is no fiscal impact to the City other than staff time.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]>.
RECOMMENDATION
Staff makes no recommendation.
Prepared by Maria Le, Assistant to the City Manager, Mayor and Council Office Approved by: Office of the City Manager
ATTACHMENTS
1. 2023 City Committees List
City of Santa Clara Printed on 2/16/2023Page 1 of 2
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23-263 Agenda Date: 2/21/2023
2. 2023 Outside Agency Committees List
City of Santa Clara Printed on 2/16/2023Page 2 of 2
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Updated 02-07-23
2023 Council Appointments to City Committees
CITY COMMITTEES (City staff responsible for preparing and posting the agendas for the meetings).
1. Americans with Disabilities Act (ADA) Committee:
Date: Meets on call
Time: TBD
Location: City Hall Council Chambers
1500 Warburton Avenue, Santa Clara
Councilmembers: Raj Chahal (Chair) Alternate: Anthony Becker Staff Members: Director of Public Works, City Attorney
Staff Liaison: Kelly Conoscenti, Staff Aide Phone: 408-615-3000 Established on September 29, 1992, to review accessibility issues, the Committee includes individuals and representatives from community organizations such as VIA Rehabilitation, Self Help for H ard of Hearing People, and the Adult Independence Development Center.
2. Audit Committee:
Date: Meets on call
Time: TBD
Location: City Hall
1500 Warburton Avenue, Santa Clara
Councilmembers: Kevin Park (Chair), Kathy Watanabe, Suds Jain Alternate: Raj Chahal Staff Members: City Manager, Director of Finance, City Auditor, City Attorney Reviews the annual independent audits, Comprehensive Annual Financial Report , Single Audit Report, Electric Utility Financial Statements, Stadium Authority Financial Statements, and City Auditor’s Annual Report. Meetings are attended with independent auditor.
3. Bicycle Pedestrian Advisory Committee (BPAC):
Date: Meets on the fourth Monday of January, March, June, August, and October Time: 4:00 p.m.
Location: City Hall Council Chambers
1500 Warburton Avenue, Santa Clara
Councilmembers: Karen Hardy (Chair) Alternate: Suds Jain Staff Members: Director of Public Works, Traffic Engineer, Pol ice Depart ment Traf fic Sergeant, City Attorney
Staff Liaison: Carol Shariat, Principal Transportation Planner Phone: 408-615-3024 Originally established on May 14, 1991, the Committee was established to explore developing safe bicycle lanes and routes on City streets. The Committee name and duties was revised in March 25, 2014 to include pedestrian aspects and to also provide input on non-engineering activities to increase pedestrian and bicycle usage in the City.
4. Economic Development, Communications, and Marketing Committee:
Date: The Committee is currently on hiatus due to staffing capacity.
Time: TBD
Location: City Hall Council Chambers
1500 Warburton Avenue, Santa Clara
Councilmembers: Anthony Becker (Chair), Kathy Watanabe, Kevin Park Alternate: Raj Chahal Staff Members: City Manager, Assistant City Manager, Director of Communications, City Attorney Staff Liaison: TBD Phone: 408-615-2210 City of
Santa Clara
The Center of What's Possible
Updated 02-07-23
The Economic Development, Communications, and Marketing Committee was esta blished by Council action on February 5, 2019, to consolidate the Economi c Development Commit tee and the Marketing Committee. The Committee focuses proactive economic development and effecti ve communication, as well as reviews the City’s marketing and branding strategies.
5. Governance and Ethics Committee:
Date: Meets on the first Monday of March, June, September, and December Time: 3:00 p.m.
Location: City Hall Council Chambers
1500 Warburton Avenue, Santa Clara
Councilmembers: Suds Jain (Chair), Lisa Gillmor, Raj Chahal Alternate: Kevin Park Staff Members: City Manager, City Attorney, City Clerk Staff Liaison: Maria Le Phone: 408-615-5517 The Governance and Ethics Committee was established by Council action on February 5, 2019, to consolidate the Governance Committee, Ethics Committee, and the Facilities Naming and Honorary Recognition Ad Hoc Committee. The Committee focuses on the refinement or establishment of policies and procedures regarding City Council operations and general good government practices, as well as the further implementation of the City’s Code of Ethics & Values program. This committee is also responsible for reviewing requests for facility naming and honorary recognitions.
6. Ad Hoc Stadium Audit Committee:
Date: Meets on call
Time: TBD
Location: City Hall
1500 Warburton Avenue, Santa Clara
Councilmembers: Lisa Gillmor (Chair), Karen Hardy, Raj Chahal Alternate: Kevin Park Staff Members: City Manager, Director of Finance, City Auditor, City Attorney On July 19, 2016, the Santa C lara Stadium Authority Board (Board) approved appointment of a three - member committee to oversee the work and progress of the audit being performed by Harvey M. Rose Associates, LLC.
2023 Council Appointments to Outside Agency Committees
OUTSIDE AGENCY COMMITTEES (Outside Agency responsible for preparing and posting the agendas for the meetings).
1. Association of Bay Area Governments (ABAG) (General Assembly):
Date: Meetings held once a year
Time: From approximately 9:00 a.m. to 3:00 p.m.
Location: TBD
Contact: [email protected] Phone: (415) 820-7913 Councilmember: Kevin Park Alternate: Anthony Becker
Staff Member: Director of Community Development
Established in 1961 to protect local control, planning for the futu re and promoting cooperation in area - wide issues. No stipend for attendee.
2. Bay Area Water Supply and Conservation Agency (BAWSCA):
Date: Meetings held every odd numbered mo nth (January, March, May, July, September, November) on the third Thursday of the month Time: 6:30 p.m.
Location: Locations may rotate central to the three-county district Contact: Nicole Sandkulla, CEO
Lourdes Enriquez, Assistant
[email protected]
Phone: (650) 349-3000
Councilmember: Karen Hardy
Staff Member: Director of Water and Sewer Utilities
Established in February 2003 to allow the City to have a greater voice in planning and funding of improvements in the Hetch- Hetchy regional water suppl y system. BAWSCA term is four years (June 2018-2022) and has only one representative (no alternate). $100 stipend for meeting attendance.
3. Caltrain Modernization Local Policymaker Group (CalMod):
Date: Meets monthly on the fourth Thursday; ex cept in December, meets on the third Thursday
Time: 5:30 p.m. – 7:30 p.m.
Location: Via Zoom or additional location, if any, TBD
Contact: [email protected] Phone: (650) 730-6172
Councilmember: Anthony Becker Alternate: Raj Chahal
Staff Member: Director of Public Works (advisor only, does not attend meetings) Established by Caltrain Joint powers Board for Caltrain modernization/electrification. Members represent cities along the Caltrain corridor. No stipend for attendee.
4. Cities Association of Santa Clara County:
Contact: Audin Leung, Board Clerk
P.O. Box 3114, Los Altos, CA 950 24
[email protected]
Phone: (408) 314-7440
A. Board of Directors:
Date: Meets on the second Thursday of every month, except in July Time: 7:00 p.m.
Location: Sunnyvale City Hall, 456 West Olive Avenue, Sunnyvale Councilmember: Kathy Watanabe Alternate: Vacant Staff Member: City Manager or Assistant City Manager
No stipend for attendee.
City of
Santa Clara
The Center of What's Possible
Updated 2-7-23
B. City Selection Committee:
Date: Meets on call
Time: 6:45 p.m. (Immediately before the Board of Directors meeting) Location: Sunnyvale City Hall, 456 West Olive Avenue, Sunnyvale Councilmember: Suds Jain Alternate: Kevin Park Staff Member: City Manager or Assistant City Manager
Established to promote cooperation among the fifteen cities of Santa Clara County and to promote legislative action that will affect local control.
C. Legislative Action Committee:
Date: Meets on call
Time: 6:45 p.m. (Immediately before the Board of Directors meeting) Location: Sunnyvale City Hall, 456 West Olive Avenue, Sunnyvale Councilmember: Kathy Watanabe Alternate: Suds Jain Staff Member: City Manager or Assistant City Manager
5. City/Mission College Liaison Committee:
Date: Meets on call twice a year
Time: TBD
Location: Alternates between Santa Clara City Hall and Mission College Contact: Mission College President’s Secretary
[email protected] or
Executive Assistant to the City Manager
[email protected]
Phone: (408) 855-5123
(408) 615-2250
Councilmembers Karen Hardy (Chair), Lisa Gillmor, Anthony Becker Alternate: Raj Chahal Staff Members: City Manager, Director of Community Development, Director o f Parks and Recreation
Established on-going communication and re view of joint programs with Mission College. The Mission College President and two board members participate on the Committee. No stipend for attendee.
6. City/School Liaison Committee (Santa Clara Unified School District):
Date: Meets first Wednesday every other month beginning January Time: 11:45 a.m.
Location: Alternates between Santa Clara City Hall and Santa Clara Unified School District office
Contact: City Manager’s Office or
SCUSD Superintendent
Phone: (408) 615-2210
(408) 423-2006
Councilmembers: Lisa M. Gillmor (Chair), Kathy Watanabe, Raj Chahal
Alternate: Jain
Staff Members: Assistant City Manager, Director of Parks and Recreation, Chief of Police Established on-going communication and coordination of joint projects/programs between City officials and SCUSD officials. The School Board representatives and School Superintendent are members of the Committee. No stipend for attendee.
7. Grand Boulevard Initiative Task Force/El Camino Real:
Date: In lieu of regular meetings, there will be annual convening(s) on specific topics Time: TBD
Location: TBD
Contact: Dave Pape, SamTrans Phone: (650) 508-6210
Councilmember: Raj Chahal Alternate: Suds Jain
Staff Member: Director of Community Development
Joint Venture Silicon Valley Network/Peninsula Policy Partnership formed the Task Force for the purpose of looking for ways to raise the status of the El Camino Real to a world-class boulevard with special attention to the aesthetic, safety and interjurisdictional issues. No stipend for attendee.
Updated 2-7-23
8. Human Trafficking Commission:
Date: Meetings held once per year, generally at the end of the year (November) Time: 1:00 p.m.
Location: Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, San Jose
Contact: County of Santa Clara, Deputy Board Clerk, [email protected] Phone: (408)299-5083 or 408-299-5001
Councilmember: Kathy Watanabe Alternate: Kevin Park Staff Member: Pat Nikolai, Chief of Police
The Human Trafficking Commission was established on April 29, 2014 to investigate the nature and scope of human trafficking in the County, including both labor and sex trafficking; identify model victim-centered policies, services, and preventative measures to address this issue; make legislative and policy recommendations to the Santa Clara County Board of Supervisors; support the apprehension and prosecution of traffickers; and collaborate with partners regionally, nationally, and internationally to share information and strategies for ending human trafficking. No stipend for attendee.
9. Northern California Power Agency (NCPA):
Date: Meets most months, fourth Thursday of every month Time: Typically meets at 9:30 a.m.
Location: Rotating NCPA Cities (half in Roseville)
Contact: NCPA Phone: (916) 781-4202
Councilmember: Suds Jain Alternate: Kathy Watanabe Staff Members: City Manager, Assistant City Manager, Chief Electric Utility Officer, Assistant Director of Electric Utility, Electric Division Manager.
10. Police Activities League (PAL):
Date: Meets second Wednesday of every month
Time: 7:00 p.m.
Location: Police Department Community Room, 601 El Camino Real, Santa Clara Contact: [email protected]
Councilmember: Lisa M. Gillmor Alternate: Kathy Watanabe Staff Members: PAL Executive Director, Chief of Police
Founded and incorporated in 1970 as a nonprofit organi zation to provide a place where the youth of the City may enjoy educational and social benefits and athletic activities under competent supervision.
The organization is managed by a board of directors comprised of volunteers.
11. Peninsula Division of the League of California Cities:
Date: Meets four times per year. Additionally, the Peninsula Division holds a “Legislative Day” in April of each year in Sacramento
(Invitations sent out quarterly.)
Location: Alternating between San Mateo and Santa Clara Counties Contact: Seth Miller Phone: (415) 595-8629
Councilmember: Kevin Park Alternate: Suds Jain Staff Member: City Manager
Established to encourage greater participation in the Division’s activities, thereby creating a strong and unified voice for cities in the Peninsula Division. The responsibilities of the liaison include keeping the Council informed about and engaged in the Division’s legislative activities, to provide periodic League updates at Council meetings and to attend Division and League events whenever possible.
No stipend for attendee.
Updated 2-7-23
12. Joint Recycled Water Policy Advisory Committee:
Date: Meets third Thursday in April and as needed
Location: Alternates annually between San Jose City Hall (even years) and the Santa Clara Valley Water District Headquarters, San Jose (odd years) Contact: Jeff Provenzano, City of San Jose
Environmental Services
Phone: (408) 277-3288
Councilmember: Karen Hardy Alternate: Kathy Watanabe Staff Member: Director of Water and Sewer Utilities
Established in 2010 to review and advise the Santa Clara Water District and the City of San Jose (lead agency for the San Jose/Santa Clara Water Pollution Control Plant) on all policy issues related to recycled water including operations and capital improvements.
13. Recycling and Waste Reduction Commission of Santa Clara County (RWRC):
Date: Meets the fourth Wednesday o f every even numbered month except the December meeting (date to be determined due to holidays) Time: 5:30 p.m.
Location: Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, 1st Floor, San Jose 95112
Contact: [email protected] Phone: (408) 282-3180 Councilmember: Kathy Watanabe
Staff Member: Deputy Director of Public Works
Established per requirements of the California Integrated Waste Management Act of 1989 (AB 939) and subsequent amending legislation in order to coordinate and provide input to the countywide solid waste management program. Membership appointed through the City Selection Committee of Santa Clara County Cities’ Association. No stipend for attendee.
14. San Francisco Bay Area Regional Water System Financing Authority:
Date: Meets once a year, in January
Time: Immediately prior to the BAWSCA Board Meetings at 6:30pm Location: San Mateo Main Library, Oak Room, 55 West 3rd Avenue, San Mateo, CA 94402 Contact: Nicole Sandkulla, CEO,
Lourdes Enriquez, Assistant
[email protected]
Phone: (650) 349-3000
Councilmember: Karen Hardy
Staff Member: Director of Water and Sewer Utilities
Established February 2003 to allow the City to have a greater voice in planning and funding of improvements in the Hetch-Hetchy regional water supply system. The Regional Financing Authority is a parallel organization with the Bay Area Water Supply and Conservation Agency (BAWSCA). Same stipend for this and BAWSCA meeting attendance.
15. San Jose/Santa Clara Clean Water Financing Authority:
Date: Meets quarterly (February, if necessary), May, August, and November) on the second Thursday of the month
Time: 3:30 p.m.
Location: San Jose City Hall, 200 East Santa Clara Street, Room T-1352, San Jose
Contact: [email protected] Phone: (408) 535-7010
Councilmembers: Kathy Watanabe, Kevin Park Alternate: Suds Jain Staff Member: Director of Water and Sewer Utilities
Updated 2-7-23
16. San Jose/Santa Clara Treatment Plant Advisory Committee (TPAC):
Date: Meets second Thursday every month (third Thursday in May, due to budget; no meeting in July)
Time: 4:00 p.m. (if there are other meetings, this group would meet last) Location: San Jose City Hall, City Manager’s Office, 17th floor, Room 1734, San Jose Contact: April Kellett, City of San Jose
Environmental Services
Phone: (408) 975-2547
Councilmembers: Kathy Watanabe, Karen Hardy Alternate: Lisa Gillmor Staff Member: Director of Water and Sewer Utilities
Reviews and advises the City of San Jose City Council on all issues relating to th e operation and capital improvement of the San Jos e/Santa Clara Water Pollution Control Plant. $100 stipend for regular meeting attendance.
17. Santa Clara County Expressway Plan 2040 Policy Advisory Board (PAB):
Date: Meets as needed
Time: TBA
Contact: Ellen Talbo, County of Santa Clara,
County Transportation Planner
Phone: (408) 573-2482
Councilmember: Kathy Watanabe Alternate: Karen Hardy Staff Member: Director of Public Works (Advisor only, does not attend meetings) The Santa Clara County Comprehensive Expressway Planning Study Policy Advisory Board (PAB) will provide a forum for policy input from elected officials for updating the Expressway Study’s Implementation Plan originally adopted in August 2003. No stipend for attendee.
18. Santa Clara Sister Cities Association
Date: Meets as needed
Time: 7:00 p.m.
Contact: Margaret Horoszko, President, [email protected] Location: Headen Inman House for Board Meetings
Councilmember: Kevin Park Alternate: Kathy Watanabe
Staff Member: City Manager’s Office
The Santa Clara Sister Cities Association, an independent non-profit organization, assists the City in exchange activities with Coimbra, Portugal, Izumo, Japan and Limerick, Ireland -- Santa Clara's three sister-cities. The Council appoints a representative to serve as liaison to the Association.
19. Santa Clara University Liaison/Neighborhood-University Relations Committee (NURC):
Date: Meets three times annually on Monday evenings during the academic year Time: 7:00 p.m.
Location: Mission Branch Library
Councilmembers: Raj Chahal (Chair), Kevin Park, Suds Jain Alternate: Lisa Gillmor Staff Members: City Manager, Director of Community Development, Code Enforcement Technician, Chief of Police
Established in 1990 to review student housing issues (formerly Student Housing Committee).
Established a forum for on-going communication and problem solving among City officials, neighborhoods, property owners and Santa Clara University officials and students. Santa Clara University/City Liaison Committee and NURC were combined because of the similar topics that the two committees cover. Three NURC meetings will be held per year (October/November, February and April) for neighborhood issues, and the STAFF TASK FORCE and the CITY-NEIGHBORHOOD FORUM will no longer be held (pursuant to Council action of June 23, 2009). A University-City Subcommittee comprised of NURC City Councilmembers, University officials and City Executive Team Members will meet as needed.
Updated 2-7-23
20. Santa Clara Valley Transportation Authority (SCVTA):
Contact: Board Secretary, SCVTA Phone: (408) 321-5680
A. Board of Directors:
Date: Meets first Thursday of every month (except July) Time: 5:30 p.m.
Location: Board of Supervisors Chambers, 70 West Hedding Street, San Jose North East Cities Group
Position i ncludes a ppointment to on e of three sub -committees a ppointed by the VT A Board of Directors. Small Cities Group representation is a 2-year rotating term with two member cities and one alternate city. The Small Cities Group is comprised of the Cities of Milpitas, Sunnyvale, and Sant a Clara.
Councilmember: Suds Jain
Staff Member: Director of Public Works
Sets VTA policy; establishes committees to give advice on policy matters and provide in-depth review. $100 stipend for meeting attendance, per day. The VTA Administrative Code states that appointments to standing committees are approved by the VTA Board of Directors based on the recommendations of the current chairperson. At the first m eeting in January, the Board shall approve the members and chairpersons of all standing committees of the Board based on recommendations for these positions provided by the Board Chairperson. The term of each appointment shall be for one year.
B. Policy Advisory Committee:
Date: Meets on the second Thursday of every month
Time: 4:00 p.m.
Location: VTA Offices, 3331 North First Street, San Jose Building B, Conference Room B-106
Councilmember: Raj Chahal Alternate: Kevin Park Ensures th at all jurisdiction s withi n the County h ave access to development of VTA's policies. No stipend for attendee.
21. Santa Clara Valley Water Commission (SCVW):
Date: Meets quarterly in Ja nuary, April (2nd Wednesday), July , and October on the fourth Wednesday of the month
Time: 12:00 p.m.
Location: SCVW District Headquarters, 5700 Almaden Expressway, San Jose Contact: Glenna Brambill
Santa Clara Valley Water District
Phone: (408) 630-2408
Councilmember: Karen Hardy Alternate: Kathy Watanabe Staff Member: Director of Water and Sewer Utilities
Established by the Santa Clara Valley Water District Board of Directors to review and advise on issues relating to water supply and water pricing. No stipend for attendee.
22. Silicon Valley Animal Control Authority (SVACA):
Date: Meets on the fourth Wednesday of every other month beginning in January Time: 8:30 a.m.
Location: SVACA Headquarters, 3370 Thomas Road, Santa Clara Contact: Heidi Springer Phone: (408) 764-0350
Councilmember: Raj Chahal Alternate: Anthony Becker
Staff Member: Police Department Patrol Lieutenant
Established in 2000 to pro vide animal control field ser vices and shelter services for the participat ing cities. The Board is comprised of four members representing the participating cities of Santa Clara, Campbell, Monte Sereno and Mountain View. No stipend for attendee.
Updated 2-7-23
23. Silicon Valley Regional Interoperability Authority (SVRIA) Board of Directors:
Date: Meets every other month - must meet annually a m inimum of two regula r meetings
Time: 5:00 p.m.
Location: Santa Clara Police Department, 601 El Camino Real, Santa Clara Contact: Eric Nickel
Executive Director SVRIA
Phone: (408) 615-5571
Councilmember: Karen Hardy
Primary: Sunnyvale is the primary member and Santa Clara is the alternate member until June 30, 2022 (Santa Clara alternates primary member position with Sunnyvale and Milpitas).
Staff Member: Chief of Police
In 2001, several agencies in the area established the Silicon Valley Regional Interoperability Project to design an implementation strategy for an interoperable communications network; purchase a radio and data communicatio ns s ystem or n etwork; in tegrate this system or network with other nearby regional public safet y communications systems; participate in regiona l interoperability; and to jointly apply for gra nts and fundi ng to facilitat e these goals. In 2010, a Joint Powers Agreement wa s established t o implement and operate the SV RIA a nd other projects. The nine- member Board of Directors of the JPA consists of elected officials from different geographic regions of the Co unty and will s erve as the governing body for the agreement. The Ci ty of Santa Clara is represented in the “Central County Agencies” that also includes Sunnyvale and Milpitas. No stipend for attendee.
24. Stevens Creek Corridor Steering Committee
Date: Meets as-needed basis
Time: Typically meets at 11:00 a.m.
Location: Locations alternate
Contact: City of San Jose – District 1 Phone: (408) 535-4901 Councilmembers: Lisa Gillmor, Anthony Becker
Primary: City of San Jose – Council District 1 Councilmember Rosemary Kamei In 2019, the cities of Cupertino, Santa Clara, San José, and Santa Clara County adopted resolutions in support of a vision study of the Stevens Creek Corridor, formalizing interest in creating a common vision for high-capacity transit along the Stevens Creek Corridor that will improve mobility and its interrelationship with walking, biking, placemaking, and enhancing the quality of life for all community members in a seamless manner. A steering committee of elected officials from the participating jurisdictions formed to provide a forum for their elected representatives to meet, discuss and provide direction on a common vision for the Stevens Creek Corridor.
25. Triton Museum of Art Liaison Committee:
Date: Meets generally on the fourth Thursday of every month Time: 4:30 p.m. – 5:30 p.m.
Location: Triton Museum Boardroom, 1505 Warburton Avenue, Santa Clara Contact: Triton Museum of Art Phone: (408)247-3754 Councilmember: Kevin Park Alternate: Raj Chahal Staff Member: City Manager’s Office, Management Analyst The Triton Museum of Art is an independent non-profit organization. The Council appoints a representative to serve as a liaison to the Triton Museum Board. The participation of a Councilmember at the Triton Museum Board meetings will further the communication and knowledge of the City’s support. No stipend for attendee.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-182 Agenda Date: 2/21/2023
REPORT TO COUNCIL
SUBJECT
Public Hearing: Adoption of a Resolution Ordering the Abatement of a Nuisance Consisting of Growing Weeds in Association with the County Weed Abatement Program for 2022-2023
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
On January 31, 2023, the Council adopted a resolution declaring weeds a nuisance in accordance with Chapter 8.15 of the City Municipal Code, setting February 21, 2023 as the Public Hearing for citizens to bring forward their concerns or objections to the Weed Abatement Program.
The City of Santa Clara contracts with the Santa Clara County Agricultural Commissioner’s Office Weed Abatement Program to manage the inspection and abatement of noncompliant parcels within the City of Santa Clara. A list of City parcels in the program is published annually by the County in the form of the 2023 Weed Abatement Commencement Report. A copy of this report is available in the City of Santa Clara City Clerk’s Office as well as on the City website.
DISCUSSION
The objective of the City’s Weed Abatement program is to eliminate fires whenever possible, and to reduce the severity of such fires where they cannot be eliminated. Each year, improperly managed vegetation is the cause of destructive fires that adversely impact communities throughout the State.
In cooperation with the City of Santa Clara, the Santa Clara County Agricultural Commissioner’s Office has developed regulations governing hazardous vegetation which can be found on the County’s website.
The abatement process is most often initiated by members of the community, or by City staff proactively making referrals. Once inspection personnel verify that a hazard exists, the hazardous condition is documented, and the noncompliant parcel recorded. Following the inspection, the property owner is responsible for removing the hazard(s). If the property owner does not voluntarily abate the noted hazard(s) within the designated period, the work will be completed by the County of Santa Clara Abatement contractor. The cost of the abatement work and administrative oversight will be included as a special assessment on the property owner’s property tax bill.
Property owners that fail to abate their own properties are placed in the abatement program for a 3- year term in order to ensure ongoing compliance. For each year in the program, the property owner will be subject to an annual inspection fee. If no hazards are found and/or abated by the County during that 3-year term, the property will be removed from the program.
City of Santa Clara Printed on 2/16/2023Page 1 of 2
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23-182 Agenda Date: 2/21/2023
The public hearing provides an opportunity for the property owner to raise any objections.
ENVIRONMENTAL REVIEW
Santa Clara County has determined the Weed Abatement Program to be categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15308 “Actions by Regulatory Agencies for Protection of the Environment” as the action is authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment.
FISCAL IMPACT
The County’s costs of abatement are assessed to the parcel owner and are managed by the County.
Costs include inspection, correspondence, abatement services, and cost recovery collection. There is generally no cost to the City other than staff time and miscellaneous expenses that are included in the Fire Department Operating Budget. In the event the amount of reimbursement through the assessment process is not sufficient for the costs of the program, the County will invoice the City and the other participating jurisdictions on a pro-rata share basis and the costs will be absorbed in the Fire Department’s Operating Budget. The pro-rata share formula developed by the County is based on the percentage of work performed within each of the jurisdictions.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected]. The notice of Public Hearing was published in the Santa Clara Weekly newspaper on February 8, 2023 and February 15, 2023 in accordance with SCCC 8.15.080.
RECOMMENDATION
Adopt a Resolution ordering the abatement of a nuisance consisting of growing weeds in the City.
Reviewed by: Ruben Torres, Fire Chief
Approved by: Office of the City Manager
ATTACHMENTS
1. Resolution Ordering the Abatement of Weeds
2. 2023 Weed Abatement Commencement Report
City of Santa Clara Printed on 2/16/2023Page 2 of 2
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Resolution/Ordering the Abatement of Weeds Page 1 of 2
Rev: 11/17/2017
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
ORDERING THE ABATEMENT OF A NUISANCE CONSISTING OF
GROWING WEEDS IN THE CITY OF SANTA CLARA
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, at a public hearing on February 21, 2023, the City Council of the City of Santa Clara ordered the abatement of weeds growing in the City of Santa Clara, which was previously declared a nuisance on January 31, 2023, in the manner provided in Chapter 8.15 of the Santa Clara City Code;
WHEREAS, the City has entered into an agreement with the County of Santa Clara entitled, “Amended and Restated Agreement between the County of Santa Clara and the City of Santa Clara for Weed Abatement Services," most recently approved on January 11, 2022, a copy of which is on file in the Office of the City Clerk;
WHEREAS, in accordance with Chapter 8.15 of the Santa Clara City Code and Resolution No. 7286 of the City of Santa Clara, the Agricultural Commissioner of the County of Santa Clara (“County Agricultural Commissioner”) has given notices prior to the abatement of the nuisance by the City; and,
WHEREAS, no protests have been received by the City Council protesting the abatement of the nuisance, so the County Agricultural Commissioner should abate t he nuisance of weeds growing in the City of Santa Clara.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the County Department of Agriculture abates the nuisance in the manner provided by the ordinances, rules and regulations of the City. The County Department of Agriculture is hereby directed to give notice by mail to the owner or owners of each individual parcel of land upon which weeds will be abated by the City at least ten (10) days before abatement. The notice shall be given by mail, addressed to the owner at their last known address, as shown on Resolution/Ordering the Abatement of Weeds Page 2 of 2
Rev: 11/17/2017
the last County equalized assessment roll. If the address of the owner is unknown, then the notice shall be sent to the owner by mailing it via the Fire Marshal’s Office at 1675 Lincoln Street, Santa Clara, CA 95050. Meanwhile, and before the expiration of the ten- day period, any owner may voluntarily abate the nuisance.
2. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 202 3, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference: None
EXHIBIT A
APN Owner Owner Address Zip Code
2220 CALLE DE LUNA 097‐05‐057 TASMAN EAST PARCEL 5 OWNER LLC 60 COLUMBUS CL NEW YORK NY 10023 2200 CALLE DE LUNA 097‐05‐058 NASH ‐HOLLAND CALLE DE LUNA 1111 MAIN ST STE 700 VANCOUVER WA 98660 2323 CALLE DEL MUNDO 097‐05‐110 LAFAYETTE CDM APARTMENTS LLC 3000 EXECUTIVE PY 450 SAN RAMON CA 94583 1861 NELSON DR 097 ‐19‐040 DILLON KATHLEEN A 1861 NELSON DR SANTA CLARA CA 95054 2232 CALLE DEL MUNDO 097‐46‐027 GS TASMAN EAST SUBSIDIARY LLC 450 SANSOME ST STE 500 SAN FRANCISCO CA 94111 2350 CALLE DE LUNA 097‐46‐031 TASMAN ASL PROPCO LLC 44 MONTGOMERY ST STE 1300 SAN FRANCISCO CA 94104 2300 CALLE DE LUNA 097‐46‐032 RCR TASMAN I LLC 44 MONTGOMERY ST STE 1300 SAN FRANCISCO CA 94104 5150 CALLE DEL SOL 097‐46‐033 RCR TASMAN I LLC 44 MONTGOMERY ST STE 1300 SAN FRANCISCO CA 94104 3590 HAIG ST 101 ‐07‐002 NGUYEN, NGUYEN HOANG AND HANG LE TRUSTEE 1533 SILVER RANCH LN SAN JOSE CA 95138 ‐0000 3563 MACINTOSH ST 101 ‐07‐043 WANG, ZIHANG 3563 MACINTOSH ST SANTA CLARA CA 95054 ‐2246 3542 MACINTOSH ST 101 ‐07‐059 WLASCHIN, ROBERT A AND CHAN, CYNTHIA D 3542 MACINTOSH ST SANTA CLARA CA 95054 ‐2245 3539 MACGREGOR LN 101 ‐08‐019 NOKLEBY, JAMES D AND ELSA M TRUSTEE 1368 BOTTICELLI BND CHICO CA 95928 ‐3846 0 104‐01‐077 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 4850 OLD IRONSIDES DR 104 ‐04‐064 INNOVATION COMMONS OWNER LLC 433 AIRPORT BL STE 426 BURLINGAME CA 94010 2950 DEMOCRACY WY 104 ‐04‐065 INNOVATION COMMONS OWNER LLC 433 AIRPORT BL STE 426 BURLINGAME CA 94010 4805 PATRICK HENRY DR 104 ‐04‐111 INNOVATION COMMONS OWNER LLC 433 AIRPORT BL STE 426 BURLINGAME CA 94010 4855 PATRICK HENRY DR 104 ‐04‐112 INNOVATION COMMONS OWNER LLC 433 AIRPORT BL STE 426 BURLINGAME CA 94010 3050 DEMOCRACY WY 104 ‐04‐113 INNOVATION COMMONS OWNER LLC 433 AIRPORT BL STE 426 BURLINGAME CA 94010 0 PATRICK HENRY DR 104 ‐04‐121 SAN FRANCISCO CITY AND COUNTY OF 525 GOLDEN GATE AV 10TH FL SAN FRANCISCO CA 94102 3055 PATRICK HENRY DR 104 ‐04‐136 3055 PATRICK HENRY DEVELOPMENT LLC 950 TOWER LN STE 870 FOSTER CITY CA 94553 3005 DEMOCRACY WY 104 ‐04‐143 INNOVATION COMMONS OWNER LLC 433 AIRPORT BL STE 426 BURLINGAME CA 94010 2945 TASMAN DR 104 ‐04‐151 INNOVATION COMMONS OWNER LLC 4995 PATRICK HENRY DR SANTA CLARA CA 95054 ‐1823 2336 SILVERIA CT 104 ‐05‐112 CARTER, SCOTT D AND YU, YEE L 900 BIRCH AV SUNNYVALE CA 94086 ‐5139 0 FILLMORE ST 104 ‐10‐077 SITLANI, MANISHA K 636 HAMILTON AV MILPITAS CA 95035 ‐3512 4352 DAVIS ST 104 ‐11‐020 SU, JUNJIE AND ZHONG, XIAO HUA TRUSTEE 13091 WAR BONNET ST SAN DIEGO CA 92129 0 BASSETT ST 104 ‐11‐082 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 0 CHEENEY ST 104 ‐12‐025 MARUTI BUILDERS LLC 859 ALISAL CT MILPITAS CA 95035 ‐4501 0 CHEENEY ST 104 ‐12‐026 MARUTI BUILDERS LLC 859 ALISAL CT MILPITAS CA 95035 ‐4501 0 BASSETT ST 104 ‐12‐154 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 0 BASSETT ST 104 ‐12‐162 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 2110 AGNEW RD 104 ‐12‐198 LAI, WEINONG AND WANG, YING 258 ALAMEDA DE LAS PULGAS REDWOOD CITY CA 94062 3500 THOMAS RD 104 ‐14‐125 LBA RV‐COMPANY XII LP 3209 17TH AVE W SEATTLE CA 98119 0 104‐14‐145 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 3660 THOMAS RD 104 ‐14‐171 TERRENO MIDDLEBROOKLLC 101 MONTGOMERY ST STE 200 SAN FRANCISCO CA 94104 0 BASSETT ST 104 ‐38‐001 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 0 FREEDOM CL 104 ‐40‐021 FREEDOM CIRCLE VENTURE LLC 450 SANSOME ST STE 500 SAN FRANCISCO CA 94111 3925 FREEDOM CL 104 ‐40‐036 FREEDOM CIRCLE VENTURE LLC 450 SANSOME ST STE 500 SAN FRANCISCO CA 94111 2306 REMO CT 104 ‐46‐025 CO, DESIDERIO G 2306 REMO CT SANTA CLARA CA 95054 ‐1343 2125 QUINN AV 216 ‐11‐017 ADL ‐TABATABAI, ALI 2125 QUINN AV SANTA CLARA CA 95051 ‐1838 2473 ELLIOT ST 216 ‐11‐064 ADISESHAN, MAMTHA 2473 ELLIOT ST SANTA CLARA CA 95051 ‐1864 2516 PARKLAND CT 216 ‐16‐026 SHEN HUA AND TIAN TIAN 2516 PARKLAND CT SANTA CLARA CA 95051 2305 AMETHYST DR 216 ‐17‐006 SUTHAR, TUSHAR K AND SNEHAL T 2086 SILENCE DR SAN JOSE CA 95148 ‐1918 2552 PAINTED ROCK DR 216 ‐19‐035 TOORANS, SUE M 2552 PAINTED ROCK DR SANTA CLARA CA 95051 ‐1124 2492 PAINTED ROCK DR 216 ‐19‐041 SV VENTURES USA LLC 35828 ASHTON PL FREMONT CA 94536 2625 MEADOWBROOK DR 216 ‐19‐077 PHAM, ALEXANDER TUAN TRUSTEE 3619 IMPRESARIO WY SAN JOSE CA 95127 ‐0000 3036 SAN JUAN AV 220 ‐22‐053 WENTZ, DEE TRUSTEE 0 POB 111597 CAMPBELL CA 95011 ‐1597 2023 WEED ABATEMENT PROGRAM
COMMENCEMENT REPORT
CITY OF SANTA CLARA
Situs City/State
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Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-157 Agenda Date: 2/21/2023
REPORT TO COUNCIL
SUBJECT
Action on Agreement for Services with Wilson, Ihrig & Associates for Noise Monitoring System and Services for the Levi’s Stadium
COUNCIL PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium
BACKGROUND
On August 30, 2016, the City Council directed staff to establish a noise monitoring system for Levi’s Stadium and the San Francisco 49er’s training facility. The City solicited bids from acoustic engineers and after receiving three proposals, entered into an agreement on February 7, 2017 with the consulting firm of Wilson, Ihrig & Associates (WI) to provide noise monitoring services at Levi’s Stadium. WI provides monitoring and analysis related to acoustics, noise and vibration.
Per the terms of the 2017 contract, the consultant implemented a noise monitoring program that includes the installation of four noise monitoring stations and maintenance of a website ( <https://seti-media.com/infopopulation/levis_stadium/>) that provides public access to the information collected at the monitors. The contract covers the ongoing cost to rent noise monitoring equipment from the consultant and maintenance of the website.
As part of the bidding process staff requested that the interested consultants propose the number and locations of monitors to install in the neighborhoods surrounding the stadium. Established residential neighborhoods are located to the south and east of the stadium and WI proposed installing two monitors in each neighborhood. The monitors are attached to existing utility poles which provide a power source. Two are located on Cheeney Street to the southeast of the stadium and two are located on either side of Hughes Elementary School the east of the stadium.
The contract with WI also included funding for the initial installation and ultimate removal of the noise monitoring equipment, as well as some funding for the preparation of reports or in-person monitoring.
Using this funding, WI conducted noise in-person noise monitoring at two concerts in 2022 and provided a noise analysis report that was presented to the City Council at the February 7, 2023 City Council meeting.
Since 2017 the City Council has approved five Amendments to the original agreement with WI to add funding and time extensions. The City Council approved Amendment No. 5 to the Agreement with WI on March 8, 2022, extending the agreement until March 31, 2023 and provided direction to staff to conduct a new Request for Proposals (RFP) process to select professional services to continue noise monitoring of Stadium activities beyond that date.
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23-157 Agenda Date: 2/21/2023
2022 RFP Process
Pursuant to City Code Section 2.105.140(c), a formal Request for Proposals was conducted as the solicitation method for this procurement, with the final award recommendation based on “best value.” In September 2022, the City published the RFP for Noise Monitoring System and Services for the Levi’s Stadium on the City’s e-procurement system. Two responsive proposals were received from Hydro2Geotech LLC and WI. A three-member evaluation team with representation from the Community Development Department and the City Manager’s Office evaluated and scored the written proposals against the criteria and weights published in the RFP. The proposals were evaluated on experience, qualifications, proposed noise monitoring system, and fee schedule.
DISCUSSION
As the conclusion of the RFP process, staff recommends award of contract to Wilson, Ihrig & Associates as the most advantageous and best value proposal based upon the final evaluation scores. WI demonstrated significant experience with noise monitoring of events with amplified noise and crowds. In addition to Levi’s Stadium, WI has also conducted noise monitoring for the Chase Arena in San Francisco over a five-year period. WI also has numerous staff in-house that are experienced in noise monitoring and analysis. The experienced staff are local which allows them to be present for on-site, attended monitoring requests.
Proposed Contract Terms
The term of the proposed agreement is five years starting on April 1, 2023 and ending on March 31, 2028. The maximum compensation under the agreement is $296,000 over the five-year term, which includes $162,400 for rental of four monitoring equipment inclusive of maintenance and support, and $133,600 for monthly noise monitoring support and as-needed noise monitoring services.
Purchase vs. Rental
At the March 8, 2022 City Council meeting, some Councilmembers indicated interest in options that would allow for the purchase of noise monitoring equipment. Accordingly, the RFP issued by the City requested a purchase option in the proposal. However, neither Hydro2Geotech nor WI offered a purchase option for their proposed monitoring equipment. The monthly rate for equipment rental was $700 for Hydro2Geotech and $660 for WI. The consultants have communicated in the past that the providers of the most advanced monitoring equipment do not offer a purchase option. Also, the rental option allows for periodic upgrades as well as replacement if necessary. Therefore, staff recommends proceeding with the current practice of renting equipment which offers the City the benefit of receiving full maintenance and support over the term of the agreement. City staff will not have to visit a site to perform investigation or repair of equipment, and any equipment that is damaged or defective is replaced at no additional cost to the City.
Number of Monitors
Since their installation in 2017, data collected from the four monitors consistently shows that the sound levels are highest at the two monitors located closest to the stadium (e.g., the northernmost of the two monitors located on Cheeney Street and the monitor on Calle de Escuela to the west of Hughes Elementary School). The data collected at the other two locations therefore does not help to identify the areas of greatest potential impact within the neighborhoods. Under the terms of the proposed rental agreement, removing the monitoring stations on the 4900 block of Ave de los Arboles and the 4200 block of Cheeney Street would reduce the rental equipment cost by $79,200. WI has previously recommended that the City consider removing one or both of these other two monitors as they are less useful. This funding could then be used to pay for in person (attended) monitoring City of Santa Clara Printed on 2/16/2023Page 2 of 4
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23-157 Agenda Date: 2/21/2023
during concerts or other specific stadium events.
In the proposed WI agreement, the City has the option to add/remove monitoring equipment at any time to allow for better placement of the equipment to secure better information and/or respond to the City’s needs. The City could thus continue with four monitors and reevaluate the need for all four in the future, or reduce the number of monitors to two at this time and return to four in the future if that is determined to be beneficial.
Staff is however recommending that the City Council give direction at this time to reduce the number of monitors from four to two for two reasons. First, the monitors currently installed are in need of upgrade and it would reduce the costs of this upgrade if only two monitors are needed. Second, the discussion at the February 7 ,2023 City Council meeting suggests that it could be more beneficial to redirect the City‘s funds from the monitor rental costs to pay for additional in person monitoring and reporting.
Conclusion
Staff thus recommends the City Council approve the Agreement for Services with Wilson, Ihrig & Associates for Noise Monitoring System and Services for the Levi’s Stadium and direct staff to proceed with two fixed monitoring sites with additional funds to be used for attended monitoring of concerts.
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 as a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
Funding for this service will be included in the proposed Stadium Authority Fiscal Year 2023/24 Operating Budget and appropriations will be subject to future appropriation of funds. The Stadium Authority budget is tentatively scheduled to be brought to the Stadium Authority Board at the March 7, 2023 meeting.
COORDINATION
This report has been coordinated with the Finance Department, City Attorney’s Office, and City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
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23-157 Agenda Date: 2/21/2023
ALTERNATIVES
1. Approve and authorize the City Manager’s Office, consistent with properly delegated authority or existing policy, to execute an agreement with Wilson Ihrig for Noise Monitoring System and Services for the Levi’s Stadium, including the use of two fixed monitoring sites, for a five year term starting on April 1, 2023 and ending on March 31, 2028 for a total maximum compensation amount not to exceed $296,000, subject to Santa Clara Stadium Authority appropriation of funds.
2. Authorize the City Manager’s Office, consistent with properly delegated authority or existing policy, to negotiate and execute an agreement with Wilson Ihrig for Noise Monitoring System and Services for the Levi’s Stadium, including the use of four fixed monitoring sites, for a five year term starting on April 1, 2023 and ending on March 31, 2028 for a total maximum compensation amount not to exceed $296,000, subject to Santa Clara Stadium Authority appropriation of funds.
RECOMMENDATION
Alternative 1:
Approve and authorize the City Manager’s Office, consistent with properly delegated authority or existing policy, to execute an agreement with Wilson Ihrig for Noise Monitoring System and Services for the Levi’s Stadium, including the use of two fixed monitoring sites, for a five year term starting on April 1, 2023 and ending on March 31, 2028 for a total maximum compensation amount not to exceed $296,000, subject to Santa Clara Stadium Authority appropriation of funds.
Reviewed by: Andrew Crabtree, Director, Community Development Approved by: Office of the City Manager
ATTACHMENTS
1. Agreement with Wilson Ihrig
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Agreement with Wilson, Ihrig & Associates Page 1 of 20
Rev. 07-01-18
EBIX Insurance No. S200003637
AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
WILSON, IHRIG & ASSOCIATES
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Wilson, Ihrig & Associates, a California corporation (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled “Scope of Services”;
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A – Scope of Services
Exhibit B – Schedule of Fees
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance Addendum
Agreement with Wilson, Ihrig & Associates Page 2 of 20
Rev. 07-01-18
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on April 1, 2023 and terminate on March 31, 2028.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.
4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.
5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
6. COMPENSATION AND PAYMENT
In consideration for Contractor’s complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is set forth in Section 1 of Exhibit B, subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to Agreement with Wilson, Ihrig & Associates Page 3 of 20
Rev. 07-01-18
perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor’s expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.
7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days’ prior written notice to Contractor.
B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.
C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.
8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.
Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.
9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.
Agreement with Wilson, Ihrig & Associates Page 4 of 20
Rev. 07-01-18
11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.
12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Contractor’s Services hereunder.
14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, Agreement with Wilson, Ihrig & Associates Page 5 of 20
Rev. 07-01-18
liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement – including claims of any kind by Contractor’s employees or persons contracting with Contractor to perform any portion of the Scope of Services – and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.
B. Contractor’s obligation to protect, defend, indemnify, and hold harmless in full City and City’s employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act (“Act”) and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor’s responsibilities under the Act.
15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City’s review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
Agreement with Wilson, Ihrig & Associates Page 6 of 20
Rev. 07-01-18
17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Community Development Department
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
And to Contractor addressed as follows:
Wilson, Ihrig & Associates
5900 Hollis Street, Suite T1
Emeryville, CA 94608
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Contractor’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299
).
19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and Agreement with Wilson, Ihrig & Associates Page 7 of 20
Rev. 07-01-18
following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City’s name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
Agreement with Wilson, Ihrig & Associates Page 8 of 20
Rev. 07-01-18
25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
Office of the City Attorney
City of Santa Clara
Office of the City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
WILSON, IHRIG & ASSOCIATES
a California corporation
Dated:
By (Signature):
Name: Derek L. Watry
Title: Principal
Principal Place of
Business Address:
5900 Hollis Street, Suite T1
Emeryville, CA 94608
Email Address: [email protected]
Telephone: (510) 658-6719
Fax: (510) 652-4441
“CONTRACTOR”
10 February 2023
Agreement with Wilson, Ihrig & Associates/Exhibit A-Scope of Services Page 9 of 20 Rev. 07-01-18
EXHIBIT A
SCOPE OF SERVICES
The following Scope of Services defines the principal activities and responsibilities of Contractor and the City for the noise monitoring system and services for the Levi’s Stadium.
1. OVERVIEW
1.1. Under this Agreement, Contractor shall provide a noise monitoring system and noise monitoring services as may be required by the City.
1.2. To the extent not inconsistent with this Agreement between the City and Contractor including this Scope of Services, the City’s RFP 22-23-31 (including subsequent updates) and Contractor’s proposal response dated October 28, 2022 are hereby incorporated by reference herein, and shall supplement this Scope of Services and be subject to the terms and conditions of the Agreement.
2. NOISE MONITORING SYSTEM
2.1. Contractor shall provide for the City’s continued use of the existing noise monitoring system by Seti-Media. Monitoring stations are currently installed at the following four locations:
2.1.1. Cheeney and Lenox
2.1.2. Hughes Elementary
2.1.3. 4900 block of Ave de los Arboles
2.1.4. 4200 block of Cheeney Street
2.2. The noise monitoring system shall include a web interface for City staff and the public to:
2.2.1. View real-time data and summaries of daily, weekly, and monthly historical data, and
2.2.2. Access sound data with graphical presentation of the following:
2.2.2.1. One-hour average noise level in weighted decibels (dBA Leq 1 Hr) with or without filter of noise from jet airplanes.
2.2.2.2. Average noise levels (dBA) in three-minute intervals (currently the website provides this in five-minute intervals, but this could be altered if desired by the City).
2.2.2.3. Duration of noise event in seconds.
2.2.2.4. Time of day maximum of noise event occurred in hours, minutes, and seconds.
Agreement with Wilson, Ihrig & Associates/Exhibit A-Scope of Services Page 10 of 20 Rev. 07-01-18
2.3. The City reserves the right to add, delete, and/or change locations of the monitoring stations as may be required to support the objectives of the noise monitoring program for the Stadium. The City will only compensate Contractor for the actual number of monitoring stations installed as determined by the City. Additional cost for installation and removal of monitoring stations may apply.
2.4. Contractor shall provide all necessary labor and equipment to maintain and support the system to ensure the operating integrity of the noise monitoring system including data processing, data integrity, performance and system administration. The City shall never have to visit a location to perform any investigation or repair.
2.5. Noise monitoring stations may be located 30 feet above ground, and it is the Contractor’s responsibility to comply with all applicable laws including but not limited to prevailing wages in the performance of work related to installation, maintenance, calibration, and support of the system.
2.6. Contractor shall provide routine on-site training for Contractor’s staff to ensure maximum operating potential.
3. MONTHLY NOISE MONITORING SUPPORT
Contractor shall provide on average three hours per month of noise monitoring support. This support includes consulting services and project administration services to be provided by Contractor.
4. AS-NEEDED NOISE MONITORING SERVICES
4.1. Upon the request of the City, Contractor shall provide services and resources to assist the City with its noise monitoring program for the Stadium. As needed services include but not limited to:
4.1.1. Perform onsite live noise monitoring of Stadium events.
4.1.2. Make recommendations on potential options to reduce sound emanating from the Stadium through physical improvements at the Stadium or in the surrounding community.
4.1.3. Provide recommendations for noise abatement and program changes.
4.1.4. Prepare custom reports.
4.1.5. Provide additional monitoring and/or equipment.
4.1.6. Demobilize existing equipment.
4.2. Contractor shall ensure all services and resources performed under this section is quoted and approved by the City prior to start of work.
Agreement with Wilson, Ihrig & Associates/Exhibit B-Schedule of Fees Page 11 of 20 Rev. 07-01-18
EXHIBIT B
SCHEDULE OF FEES
1. MAXIMUM COMPENSATION
1.1. The maximum compensation the City will pay Contractor for all professional fees, costs and expenses provided under this Agreement shall not exceed Two Hundred Ninety-Six Thousand Dollars ($296,000), subject to the appropriation of funds. Table B1 provides the estimated annual spend during the term of the Agreement.
Table B1: Maximum Compensation
Cost Elements Year 1 Year 2 Year 3 Year 4 Year 5 Total Rental fee for four (4)
Seti-Media
monitoring stations
$31,680 $31,680 $31,680 $31,680 $31,680 $158,400
Noise Monitoring
Support
$6,720 $6,720 $6,720 $6,720 $6,720 $33,600
Sound Level Meter
Upgrade
$4,000 ///// ///// ///// ///// $4,000
As-Needed Noise
Monitoring Services
$20,000 $20,000 $20,000 $20,000 $20,000 $100,000
Total $62,400 $58,400 $58,400 $58,400 $58,400 $296,000
1.2. Any additional professional fees, costs and expenses requested by the City that would exceed the preceding maximum amount will be addressed in an Amendment to this Agreement.
2. FEE SCHEDULE
2.1. The City agrees to compensate Contractor a monthly rental fee of $660 per monitoring station. This fee is inclusive of the web-based data portal, data management, and maintenance and support by the equipment provider, Seti-Media.
2.2. The City agrees to compensate Contractor a one-time fee of $4,000 (or $1,000 per monitoring station) to upgrade the sound level meter.
2.3. The City agrees to compensate Contractor a fixed monthly fee of $560 for noise monitoring support services as described in Section 3 of Exhibit A.
2.4. For as-needed services, the City agrees to compensate Contractor on a time and materials basis in accordance with the rates set forth in Table B2.
Table B2: Rates for As Needed Services
Description Rate
Principal $285 per hour
Senior Consultant/Lab Manager $195 per hour
Associate $170 per hour
Assistant $145 per hour
Technician $115 per hour
Agreement with Wilson, Ihrig & Associates/Exhibit B-Schedule of Fees Page 12 of 20 Rev. 07-01-18
Description Rate
Project Assistant $90 per hour
Demobilization of Monitoring Station $1875 per station
2.5. Cited fees are inclusive of all expenses including but not limited to labor, travel, per diem, overhead, and profit.
3. INVOICING
City will pay Contractor within thirty (30) days of City’s receipt of an approved invoice.
Agreement with Wilson, Ihrig & Associates/Exhibit C – Insurance Requirements Page 13 of 20 Rev. 07-01-18
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor’s insurance. The minimum coverages, provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
Agreement with Wilson, Ihrig & Associates/Exhibit C – Insurance Requirements Page 14 of 20 Rev. 07-01-18
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.
In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of one million dollars ($1,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.
C. WORKERS’ COMPENSATION
1. Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of 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. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney’s Office.
Agreement with Wilson, Ihrig & Associates/Exhibit C – Insurance Requirements Page 15 of 20 Rev. 07-01-18
E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor’s insurance.
3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non- renewal.
4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.
Agreement with Wilson, Ihrig & Associates/Exhibit C – Insurance Requirements Page 16 of 20 Rev. 07-01-18
F. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.
H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Upon City’s request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications Agreement with Wilson, Ihrig & Associates/Exhibit C – Insurance Requirements Page 17 of 20 Rev. 07-01-18
and other items required to be delivered to City pursuant to this Agreement shall be provided by email to: [email protected].
Or by mail to:
EBIX Inc.
City of Santa Clara – [Department]
P.O. Box 100085 – S2
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Agreement with Wilson, Ihrig & Associates/Exhibit D-Labor Compliance Page 18 of 20 Rev. 07-01-18
EXHIBIT D
LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.
J. Prevailing Wage Requirements
1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk’s office, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.
2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.
3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.
Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov .
4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.
5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified Agreement with Wilson, Ihrig & Associates/Exhibit D-Labor Compliance Page 19 of 20 Rev. 07-01-18
payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
6. In addition to submitting the certified payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.
7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a “public works contractor”. Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.
10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney’s fee relating to such fine.
11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
K. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is Agreement with Wilson, Ihrig & Associates/Exhibit D-Labor Compliance Page 20 of 20 Rev. 07-01-18
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
L. Enforcement
1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.
2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.
3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor’s failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.
City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements.
These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-261 Agenda Date: 2/21/2023
REPORT TO COUNCIL
SUBJECT
Action on a Written Petition (Council Policy 030), Submitted by Laurel Anderson Requesting to Place an Agenda Item on a Future Council Meeting for Council to Discuss Approval of a Dog Park at Earl Carmichael Park on Benton Street
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 February 2, 203 from Laurel Anderson, requesting to place an agenda item on a future council meeting for Council to discuss the approval of a dog park at Earl Carmichael Park on Benton Street behind tennis courts (Attachment 2).
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
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.
City of Santa Clara Printed on 2/16/2023Page 1 of 2
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23-261 Agenda Date: 2/21/2023
RECOMMENDATION
Staff makes no recommendation.
Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Office of the City Manager
ATTACHMENTS
1. Policy and Procedure 030 - Adding an Item on the Agenda
2. Written Petition submitted by Laurel Anderson dated January 30, 2023 City of Santa Clara Printed on 2/16/2023Page 2 of 2
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RESOLUTION NO. 20-8895
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA TO REPEAL RESOLUTION NO. 20-8809,
AMEND
COUNCIL POLICY 030 ENTITLED "ADDING AN ITEM
ON THE AGENDA," AND APPROVE THE COUNCIL ITEM
REQUEST FORM
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, amending the policy on adding an item on the agenda to establish a clear, effective and easily understood process for members of the City Council and the public to have items within the jurisdiction of the City Council placed on a meeting agenda; WHEREAS, the amended version of the Adding an Item on the Agenda policy expands on the current policy language by clearly stating that, when a written request is first considered, discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item; and,
WHEREAS, the amended Adding an Item on the Agenda policy, attached hereto as Attachment 1, includes a Council Item Request Form for the City Council's use when requesting an item for inclusion on a Council meeting agenda and adds the procedure for written requests from members of the City Council.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That Resolution No. 20-8809 is hereby rescinded in its entirety.
2. That amended Council Policy 030 entitled "Adding an Item on the Agenda" with the Council Item Request Form, attached hereto as Attachment 1, is hereby approved and adopted, and the City Manager is directed to number (and renumber, as appropriate) the Council Policy Manual such that they are organized in a logical fashion.
II
II
II
Resolution/Amending Adding an Item on the Agenda Policy and Approving Council Item Request Form Page 1 of 2 Rev: 11 /22/17
3. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 27rH DAY OF OCTOBER, 2020, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
Attachments incorporated by reference:
Chahal, Davis, Hardy, O'Neill, and Watanabe,
and Mayor Gillmor
None
None
None ---
ORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
1. Council Policy 030 entitled "Adding an Item on the Agenda" Resolution/Amending Adding an Item on the Agenda Policy and Approving Council Item Request Form Page 2 of 2 Rev: 11 /22/17
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possible
PURPOSE
POLICY
ADDING AN ITEM ON THE AGENDA
To establish a clear, effective, and easily understood process for members of the City Council and the public to have items, within the jurisdiction of the City Council, placed on the City Council agenda for consideration.
Members of the City Council:
The Mayor or any individual Councilmember may submit a written request by using the Council Item Request Form to the City Manager's Office for inclusion of an item on a City Council agenda, provided the request is received two (2) days prior to the public release of the agenda packet. At the meeting where the request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item.
Referral from a Council Committee:
Council Committees may submit a written request to the City Manager's Office for inclusion of an item on a City Council agenda, provided the request is received two (2) days prior to the public release of the agenda packet. ·
Council Committees may bring forward a recommendation to the full City Council by way of the Committee minutes, which are typically prepared within three weeks following the Committee meeting.
Items Referred During a Council Meeting:
By Council action, an item may be referred to the City Manager for inclusion on a City Council agenda. If the request requires further study of the item from staff, a full analysis shall be prepared at the direction of the City Manager with at least thirty (30) calendar days prior to the meeting, unless otherwise directed by the City Council. If the request requires more than thirty (30) calendar days to prepare, status updates will be provided to the City Council every sixty (60) days as an informational memo.
Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 1 of 3
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possi ble
PROCEDURE
FOR WRITTEN
PETITIONS
ADD ING AN ITEM ON THE AGENDA
Written Petitions and Public Presentations:
Any member of the public may submit a written request raising any issue or item within the subject matter jurisdiction of the City Council to be heard under the "Written Petition" section of the City Council's regular agenda within two (2) Council meetings after received. After the initial Written Petition is placed on the agenda, a majority vote of the City Council may add the item to a future Council meeting for action. Any member of the public may address the City Council under the "Public Presentations" section of the agenda. If the presentation includes a request of the Council, a majority vote of the City Council may refer the item to the City Manager to be properly added to a future meeting, in compliance with the Brown Act.
1. All requests to address the City Council shall be submitted in writing.
Written Petition forms are available for the petitioner's convenience on the City's website and in the City Manager's Office, City Clerk's Office, and the Mayor and Council Offices. Alternatively, an email may be submitted to [email protected] .
2. Once the Written Petition is received by the City Clerk's Office, it should immediately be forwarded to the City Manager for placement on an agenda within two (2) Council meetings after receipt of the original request from the City Clerk's Office. All written material (request and any support material) will be submitted on the agenda in the form substantially provided by the requester without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide direction to the City Manager.
3. At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council. Discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item.
Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 2 of 3
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possible
PROCEDURE
FOR WRITTEN
REQUESTS
FROM CITY
COUNCIL
ADD ING AN ITEM ON THE AGENDA
1. Members of the City Council shall use the Council Item Request Form to submit a written request for inclusion of an item on a future City Council agenda.
2. Once the Council Item Request Form is received by the City Clerk's Office, it should immediately be forwarded to the City Manager for placement on an agenda within two (2) Council meetings after receipt of the original request from the City Clerk's Office. All written material (Council Item Request Form and any support material) will be submitted on the agenda in the form substantially provided by the requester without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide direction to the City Manager.
3. At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council. Discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item.
Attachments: Council Item Request Form
Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 3 of 3
City of
Santa Clara
The Ce nter of What's Possi ble
COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members of the City Council to submit written requests to the City Manager's Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to future Council meeting agenda for action.
CONTACT INFORMATION
Requesting Member of City Council --------------------
Contact E-mail ___________________________ _
Contact Phone _ ____ ______________________ _
Today's Date ____________________________ _
WRITTEN REQUEST
I, __________________ , hereby request that the following item be placed on the City of Santa Clara Council and Authorities Concurrent meeting agenda:
Reference: Council Policy 030 - Adding an Item on the Agenda Resolution No. 20-8895
City of
Santa Clara
The Center of What's Possible
. 'f ,. ,·
CITY COUNCIL WRITTEN PETITION
.... 1 - •
l ,
Please provide the information requested below. When complete, please submit to the City Clerk's Office, 1500 Warburton Avenue, Santa Clara, CA 95050. Date: l / 3 O / z 3 i
1, Lau v-e,l , am hereby requesting to be placed on the Santa Clara City Council Agenda for the following purpose:
I understand that it is imR rtant that I atten the meeting in the event there are any questions the Council wishes to ask me. ·
Signed:
NAME: Lau f'ef frvtde~vr---._
ADDREss: ~3~'/~l_7 __ B_•e_11_,-fv_n_S_+-_. _
Street
757JS- I
City Zip Code
TELEPHONE:*. {p ~o - (po 3 - / C/ z8
Optional
DATE: _/1--+-/~2~0 /~z~3~----
*NOTE: This is a public document. If your telephone number is unlisted or if you do not want it to be public, please provide an alternate number where you can be reached.
S:\CityClerk\FORMS AND INFORMATION FOR STAFF USE\Written Petition Form - 2016.doc City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-906 Agenda Date: 2/21/2023
REPORT TO COUNCIL
SUBJECT
Update on City Council and Stadium Authority Staff Referrals
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND AND DISCUSSION
During Council and Stadium Authority meetings, the City Council or Stadium Authority Board provide direction on policy issues or refer information requests to staff for follow-up.
The purpose of the City Council and Stadium Authority Referrals Update is to provide the City Council/Stadium Authority Board and the public a current status report. Completion of the referrals may be communicated by various means such as: Report to Council, Information Memorandum provided through a Council Agenda or monthly City Hall News publication or during a future Council meeting.
The Referrals list will be published in the Council agenda packet under the “City Manager/Executive Director Report” section of the Council Agenda. Reports will include both open and closed referrals.
ATTACHMENTS
1. City Council and Stadium Authority Staff Referrals
City of Santa Clara Printed on 2/16/2023Page 1 of 1
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CITY COUNCIL AND STADIUM AUTHORITY STAFF REFERRALS
FOR FOLLOW-UP/ACTION
Updated 2/16/23