City Council and Authorities Concurrent
August 29, 2023

35. CONFLICT OF INTERESTS.

This Agreement does not prevent either Party from entering into similar agreements with other parties. To prevent a conflict of interest, Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code Section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.

36. PROGRESS SCHEDULE.

Ill
Ill
Ill
Ill
Ill
Ill
The Progress Schedule will be as set forth in the attached Exhibit F, entitled "MILESTONE SCHEDULE" if applicable.
(Continued on Page 10 of 10)
Agreement for the Performance of Services/Nalco Company LLC Rev. 06/22/17
Page9 oflO
Jun. 4. 2018 11 :26AM city of sanla clara No. 0301
This Agreement may be executed in collntmparts, each. of whiah shall be deemed to be 1111 original., but both of which shall conmtute one 811d !he same instrument; and, tbe Parties agree that signatnres on this Agreement, ·including those transmitted by :facsimile, shall be sufficient to bind the Parties.

The Parties acknowledge 1111d accept the termB end conditions of this Agreement 1111 evidenced by the fullowing signatures of their duly authorized representatives. The Effective Date is the dnte 1hat the final signatory executes the Agreement It is the intent of the Parties that this Agrelllllont shall become operati11e on the E6'ective Date.

APl'ROVBDAS TO FORM;:

CITY OF SANfA CLARA, CALIFORNIA
a charrered California municipal COll)Mation
Q£)~ ,r-- BRIANDOYLE
~~hf -
City Attorney
By:

Title:

Address:

Te)ephone:

Fax:.
/1-- DEANNA 1. SANTANA
Cit;y Manager
"CITY"
1500 Warburton Avenue
Sllllta Clara, CA 95050
Telep.hone: (408) 615-2210
Fax: (408) 241-6771

NALCO COMPANYLLC
a Delaware limited lillbility company
MARKKJNERK.

Assistant Vice President - Sales
1601 w. Diobl Road
Naperville, IL 150563
630-305-1000
6~0-305-2906.
"CoNTRACTOR"
Agreement ror tho FCtii>nn,,ooe of Services/Nruco Compaey l..LC · llov. 06/22/17
Page lOof 10
P. 2

AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

NALCO COMPANY LLC

EXHIBITA

SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are more fully described as Specialty Chemical Products and Services for the water treatment systems at the Co-Generation Power Plant.

On-Going Service Responsibilities
• Develop and Manage Operator Log sheets and Electronic Database for Wet Chemistry Data Management.
• Develop and Maintain a Program Administration Manual and Test Procedures Manual • Help DVR Operators to setup and maintain an on-site Water Testing Lab.

Emergency Response to Plant Problems and Questions 24 hrs/day, 7 days per week.
• Annual Operator Training to cover Water Treatment Philosophy, Best Practices, Chemical Safety, and Troubleshooting.
• Equipment inspections during plant maintenance outages. • Annual Business Reviews.
· Bi-Weekly Service Visits
• Review chemistry trends from PI system.
• Inventory treatment chemicals.
• Attend Operations meetings as needed.
• Help Operations to find and implement cost saving projects. • Document findings and recommendations in a written service report to be distributed via email. Reports will be issued within 48 hours of the visit.

Offsite Analytical Services
Nalco will be providing the following testing services at no additional charge for the duration of the contract.
• Mineral Analysis, Particle Analysis and/or Bacteria Analysis for On-going Troubleshooting.
• Deposit Analysis from Boiler deposits removed during inspections.

Agreement with Nalco Company LLC/Scope of Services/Exhibit A Rev. 06/22/17

AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

NALCO COMPANYLLC

EXHIBITB

FEE SCHEDJJLE
In no event shall the amount billed to City by Contractor for services under this Agreement exceed one hundred sixty-three thousand nine hundred thirty-two dollars and fifty-six cents ($163,932.56), subject to budget appropriations.

Transportation and Energy fees estimated at $500.00 per year.

Pricing will not exceed 5% per year if necessary for years two (2) and three (3 ).

In addition to any periodic price adjustment provided for in this Agreement, Nalco Water may increase the prices for the Products or Services if, at any time during the term of this Agreement, an Extraordinary Inflationary Disruption occurs. Extraordinary Inflationary Disruption is defined as an increase in raw materials, freight, labor, or energy costs beyond the control of Nalco of at least seven (7%) percent and sustained over a three month period. In case of such an Extraordinary Inflationary Disruption, Nalco Water may increase the price of the Products up to the full amount of the increase in its costs (raw materials, freight, labor or energy) by giving Customer at least thirty (30) days written notice. The baseline for determining such increase shall be on an individual product basis. If Nalco Water's costs decline back to a baseline level, Nalco Water is allowed to maintain product prices at the elevated level for the same period of time Nalco Water previously maintained pricing prior to the hardship price increase.

Nalco Company LLC has determined that its Water Chemical Applications, pricing and products are considered confidential information which are pages 2 and 3 attached to Exhibit B.

Agreement with Nalco Company LLC/Fee Schedulef/Exhibit B Rev. 06/22/17
Page I of 3

AGREEMENT FOR THE PERFORMACE OF SERVICES

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

NALCO COMPANY LLC

EXIDBITB

FEE SCHEDULE
Pages 2 and 3 of the Fee Schedule are considered Confidential.

Agreement with Nalco Company LLC Fee Schedule/Exhibit B Rev. 06/22/17
This_Pae-e Coutains Confidential Information (Not for.Public Distribution) Appendix A. City of Santa Clara Cogen Chemical Applications Quantity per Estimated
Application Basi& fer calculating Annual Product SQsetank/Chem R111,;ommended Opllt'itorTestlns: Ga Ions per Number of EsiimrtedTotal Application Polnt Description Qllamlty Name Storage Sile Delivery Method ¾Active Dosage {ppm} Method Unit Price Container or """' Year contalne~ p1r Cl)St per Year Delivery Year . . !. .. . :,; . ,,..;: .. ,._-*---='-~,._;. ir,··,-~ .' ~,,,a;t.· ~-· ··O_-)cc,l1~,o;-",-,!,•.,.·1t: .,-- . ' .. :' '- -'·" ~~-.,-i ,~ .... !=~-""' .._Ar'.:- -~-- ., Average BFW Flow Rate of al
gpm (6 cycles of concentration
and 0.5 ppm Harc!ness on Basetank Provided Mini-bulk Transfer HRSG #1 and 112 Saile Inhibitor awra~el 22310 bySupprrer to Baset:lnk "" Average BFW Flow RatEI of 82
spm (6cycles of concentr.ition,
25 ppm Sulfite Residual in Basttank Pn~vidcd Mini-bulk Transfer Oxygen Scavenger Boilers) 172.0 by Supplier to Basetank "" Nalco TRASAR HatJd•
12 DDffl held Tes-t s 1.75
Su!fltt Reslduol -

2.0i:i~m Titration $ '·"
200 ~allons "'" ""
ZOO gallon& '"" 2146
Total Annual Chemical Cost
Annual Service Fee ($250/month}
Total Annual Cost

6.7 S 23,371.96

10.7 S 25,152.68
$ 48,525
$ 3,000
$ S1,52S
Information listed in fae chart above contair)s Confidential Information RegardingNalcO's Products, It is not for Public Distr-ibution.

Nalco Water an Ecolab Company 1601 W. Diehl Rd. Naperville, IL 60563 Exhibit B

www.nalco.com
Annual Price Adjustment Formula
To ensure chemical costs at Cogen nre controlled and Na1co is fairly compensated during the remainder of the contract petfod, we propose the AP} index detailed below to determine pricing going forward, This ptice adjustment will be evaluated annually and become effective on the anniversary of the contact inceplion. The basis of this formula is that we wi11 only request a p1ice incrense if our own internal costs lmve increased over time.

Alliance Price Index (API). Nalco develop~d this index for use in lo~1g~r-term agreements as a standardized method of adj_usting chemical pricing. This API is a blend of nationally published pricing indices thal reflects Nalco'~ cost of manufacturing and servicing our chemical ptoducls.

Chemical fees will be adjusted annually based on economic and industrial price statistics obtained fro1il the Burcauu of Labor Statislics using the "Index Prlc~ Adjustment Formula" below. Nalco will proved thirty (30) days written notice of such adjustment. Pricing adjustments will only a1)p1y lo future pw·chas~ Qrders, and implementing any pricing adjustment.

The Current Index Value of each index is the average value of the index for the most.recent 12-inonths (for Whiclr data is published) preceding each price adjustment date.

Prices wi11 be adjusted using t11e blend of 5 pllblished indices below:
• Sales Engineer Median Hourly Salary (SOC419031)
• PPI Industrial Chemicals & Allied Products (WPU06!)
• Surface Active Agents (WPU067905)
• Alkalies and Chlorine (WPU061303)
• Chemical Manufacturing (PCU325)
The website to access the indices is http://data.bJs.gov/cgi-bin/srgale. Any changes to the data source. or indices shall be agree upon by both parties,
%Price Adjustment= (40% x. %Change in Service)+ (60% x %Change in Product) Where %Service Chang~ and %Product Change are defined as:
%Change in Service.= %Change in Sales Engineer Median Hourly Salary (SOC 419031) %Change in Product= Sum of ...
• 12% x % Change in Chemical & Allied Indus11ial Chemicals (WPU061) • 9% x % Change in Surface Active Agents (WPU067905)
• 6% x % Change in Alkalies and Chlorine (WPU061303)
• 33% x % Change in Chemical Mannfactming (PCU325)
Price changes will be implemented on the anniversary of each year of the contract. The baseline period will be Sept 2016 thru Aug 2017. which js when .initial pr.icing was established above.

Hardships:

In the ev~nt an indivjdual product or raw material has a significant increase in cost, Nalco Water may increase t]1e prices for the specific Products or Services if, at any time dming the term of this Agreement, an Extroordinary Inflationary Dismption occurs. Extraordinm·y Inflationary Disruption is defined m; an increase in raw muterinJs, freight, labor, or energy costs beyond the conlrol of Nalco of at least seven (7%) percent mid sustained over a three-month period. In case of such an Extraordinary InfJationary Disruption;'Nalco Wnter may increase the price of the Products up to the full amount of the increase in its costs (raw materfals, freight, labor or energy) by giving Customer at least thhty (30) days wdtten notice. The buseline for determining such increase shall be on an individual product basis. If Nalco Water's costs decline back ton baseline level, Nalco Water is allowed to mafotain product prices at the elevated level for the same period of time Nalco Water prevjously maintained pricing prior to !he lumlship price increase. FUJI disclosure of the product cost information wm be shared with SHicon Va11ey Power prior to any Hardship adjustment nncl Nr1lco will work in good faith to find cost effective alternatives fo place of the adjustment.

Nalco Water an Ecolab Company 1601 W. Diehl Rd. Naperville, IL 60563 Exhibit B

www.naJco.com

AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

NALCO COMPANY LLC

EXHIBITC

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

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. Commercial General Liability Insurance policy . Policy limits are subject to review, but shall in no event be less than, the following:
$2,000,000 Each Occurrence
$3,000,000 General Aggregate
$3,000,000 Products/Completed Operations Aggregate
$2,000,000 Personal Injury

2. Exact structure and layering of the coverage shall be l_eft 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. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and
b. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits ofliability.

B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned, non-owned and hired autos.

Agreement with Nalco Company LLC/Jnsurance Requirements/Exhibit C Rev. 06/22/17
Page I of4
In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of two million dollars ($2,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Envirornnental 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, except to the extent of City's negligence.

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

1. Additional Insureds .. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds

2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the Indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance Indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's msurance.

3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation of the coverage provided due to non-payment of Agreement with Nalco Company LLC/Insurance Requirements/Exhibit C Rev. 06/22/17

premiums shall be effective uutil written notice has been given to City at least ten (10) days prior to the effective date of such modification. b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation of the coverage provided for any cause save and except non-payment of premiums shall be effective uutil written notice has been given to City at least thirty (30) days prior to the effective date of such modification.

4. Other Endorsements. Other endorsements may be required for policies other than the commercial general lia):>ility policy if specified in the description of required insurance set forth in Sections A through D ofthis Exhibit C, above.

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

1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement.

Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.

2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amouuts with,respect thereto.

3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance, for example insurance has expired or lapsed, with the insurance requirements set forth in this Agreement.

F. EVIDENCE OF COVERAGE
Prior to commencement of any Services uuder 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. . Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's.

Agreement with Nalco Company LLC/Insnrance Requirements/Exhibit C Rev. 06/22/17
Page3 of4
G. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance ( or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement. Upon City's request, Contractor shall submit to City copies of the applicable endorsements and related policy language actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:

EBIXInc.

City of Santa Clara Electric Department
P.O. Box 100085 - S2 or
Duluth, GA 30096
I Ebix Way
John's Creek, GA 30097
Telephone number:

Fax number:

Email address:

H. QUALIFYING INSURERS
. 951-766-2280
770-325-0409
[email protected]
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal fmancial stability that is approved by the City or its insurance compliance representatives.

Agreement with Nalco Company LLC/Insurance Requirements/Exhibit C Rev. 06/22/17

AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

NALCO COMPANY LLC

EXHIBITD

ETIDCAL STANDARDS FOR CONTRACTORS SEEKING TO ENTER INTO AN

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

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

1. If a·contractor1 does any of the following:
a. Is convicted2 of operating a business in violation of any Federal, State or local law or regulation;
b. Is convicted of a crime punishable as a felony involving dishonesty3; c. Is convicted of an offense involving dishonesty or is convicted of fraud or a criminal offense in connection with: (1) obtaining; (2) attempting to obtain; or, (3) performing a public contract or subcontract; d. Is convicted of any offense which indicates a lack of business integrity or business honesty which seriously and directly affects the present responsibility of a City contractor or subcontractor; and/or, e. Made (or makes) any false statement(s) or representation(s) with respect to this Agreement.

For purposes ofthis Agreement, the word "Consultant" (whether a person or a legal entity) also refers to "Contractor" and means any of the following: an owner or co-owner of a sole proprietorship; a person who controls or who has the power to control a business entity; a general partner of a partnership; a principal in a joint venture; or a primary corporate stockholder [i.e., a person who owns more than ten percent (10%) of the outstanding stock of a corporation] and who is active in the day to day operations of that corporation. 2 For purposes of this Agreement, the words "convicted" or "conviction" mean a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upo:µ a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere within the past five (5) years. 3 As used herein, "dishonesty" includes, but is not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, failure to pay tax obligations, receiving stolen property, collusion or conspiracy.

Agreement with Nalco Company LLC/Ethical Standards for Contractors/Exhibit D Rev. 06/22/17
Page I of2

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

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

I. The City determines that Contractor no longer has the financial capability4 or business experience5 to perform the terms of, or operate under, this Agreement; or,

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

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

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

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

Agreement with Nalco Company LLC/Ethical Standards for Contractors/Exhibit D Rev. 06/22/17

Jun.4.2018 11:26AM city of sanla clara

AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

NALCO COMPANY LLC
EXHffilTE
No. 0301

AFFIDAVIT OF COMPLIANCE WITH ETHICAL STANDARDS
P. 1
I hereby state that I have rood 11I1d undenrttmd the lunguage, entitled ''Ethical Standards" set forth in Exhibit D. I have the authority to make thlllle representations on my own behalf or on behalf of the legal entity identified herein. 1 have examined appropriate business records, and I have made appropri8te inquiry of those individwlls poteutially included within the definition of "Contractor" contained in Ethical Standards at footnote 1.

Based on my review of 1he a_ppi:opifo.te documents and my good-faith review of the necessary inquily responses, I hereby Btate that neither the business entity nor any individual(s) belonging to said "Contractor" category [i.e., owner or co-owner of a sole proprietorship, general partner, person who omrtrols or hes power to control 11 bmriness entity, etc,] hes been convicted of any one or more of the crimes identified in the Ethiciu st8lldiirds within the pa.st five (5) yellII!, The above assertions are 1rue and correct and ore made under pentilty of perjury under the laws of the State of California.

NALCO COMPANYLLC
a Delaware limited liability company
By; -y'\lv.,,~ ·L._x --,,,,---'-,----;:-c--,-..,,--""=----=c-----c--- Signature of Authorized Person or Representative
Name: MARK KINERK
Title: Assistant Vice President - Sales

NOTARY'S ACI(NOWLEDGMENT TO BE ATTACHED
Ploaso execute the affidavit ond attach a notary public's acknowledgment of Cl<eoulion of the affidavit by lhe slgnalmy. If tho afl"ul.mt i• on bohalfof a oorporatloo, pmmerohip, or olher logal entity, the·entity's oompletc, legal muru, awl the title of the person signing on bcbalfof llic lo@al ootity shall appear above. Written evidence of the authority of the pero,n execufu,g thls affidavit on behalfof a coiporation, partnersbip,joint venture, or any othor legal entity, other than a sole proprietorship, shall be attached.

Agreement with Nalco Company LLC/Aflldavit of Compliance/Exhibit E Rev. 06/2'1Jl 7
Pagel oft
State of Illinois
County of DuPage
The foregoing instrument was acknowledged before me this //(.n- day of May, 2018, by Mark Kinerk who is personally known to me.

Signed and Sworn before me
Notary Public/ Dated

OFFICIAL SEAL

LIANAPOOMN
NOTARY PIJBUC-STAlE OF llJN0IS
JI¥ COIMsSION ElCl'IRES:ltm.., . c .......... _....;;~;;;~;;:;;::·•~·J •······

AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE
(Not Applicable)

CITY OF SANTA CLARA, CALIFORNIA,
AND

NALCO COMPANY LLC

EXHIBITF

MILESTONE SCHEDULE
Agreement with Nalco Company LLC/Milestone Schedule/Exhibit F Rev. 06/22/17
Page I of!
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
21-1036 Agenda Date: 8/24/2021

REPORT TO COUNCIL

SUBJECT
Authorize the City Manager to:

1. Execute Amendment No. 1 to the Agreement for the Performance of Services with Nalco Company LLC extending the term through August 31, 2023;

2. Authorize the City Manager to make minor changes to the proposed amendment attached subject to approval by City Attorney; and

3. Add or delete services consistent with the scope of the agreement and allow future rate adjustments subject to request and justification by contractor, approval by the City, and the appropriation of funds.

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Silicon Valley Power requires a water treatment program to help support its ongoing operations at the Donald Von Raesfeld (DVR) and Cogeneration (Cogen) power plants. The water treatment program generally includes support for water quality testing performed by SVP Operations staff, chemicals, and related services. The water treatment program is specialized for each plant, accounting for the specific machinery, operating profile, and regulatory requirements at each facility. Having a water treatment program in place extends the lives of the DVR and Cogen power plant assets by avoiding corrosion and scale buildup, and meets additional SVP business needs including:
· Safety and environmental compliance,
· Maximizing plant reliability and availability,
· Optimizing the heat rate and efficiency, and
· Minimizing the total cost of operation for the site.

DISCUSSION
In 2018, the City executed agreements with Nalco Company LLC, to provide water treatment products and associated services for the DVR and Cogen power plants as the result of a competitive Request for Proposals (RFP) process. A separate agreement was executed for each facility.

Nalco provides the following routine services at each facility: routine visits to collect operator testing data and perform inventory of treatment chemicals; ongoing guidance to SVP operators to optimize chemical usage; monitoring of control capability of water treatment systems; and submittal of reports after each visit. Additionally, Nalco makes recommendations for process improvements and cost savings measures; supports implementation of recommended improvements, submits quarterly and annual reports, provides annual training, and is available 24/7 to respond to emergency calls for City of Santa Clara Page 1 of 3 Printed on 8/19/2021
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21-1036 Agenda Date: 8/24/2021
service.

Currently there are separate agreements for each plant. Staff recommends combining these agreements into a single agreement to reduce administrative time and assure consistency between the agreements. The proposed extends the term of the agreement from three years to five years and increases the maximum compensation. While the City has previously entered into three-year agreements, the City has moved to five-year agreements as an industry standard to maximize the value and time investment in the bid or RFP process. Under the separate agreements, the annual maximum compensation averaged $198,000 per year for three years. Under the combined agreement, the maximum compensation averages $212,000 for five years. Total costs for each product or chemical are estimated as variations in chemical usage are expected.

This proposed amendment has been developed in collaboration with the Purchasing Division of the Finance Department.

ENVIRONMENTAL REVIEW
The actions being considered do not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378 (b)(2) in that the contracts involve continuing maintenance activities.

FISCAL IMPACT
The proposed Amendment No. 1 to the Agreement for the Performance of Services with Nalco would increase the maximum compensation from $429,785 for three-years for DVR only to $900,000 for five-years to include DVR and Cogen. (The total cost of both agreements for three years was $593,718. Sufficient funds are available in the Biennial Operating Budget for FY 21/22 and 22/23 in the Generation and Pumping Expense allocation for the asset requiring products or services.

Funds required for this agreement in future years will be included in proposed budgets for those corresponding years.

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]>.

RECOMMENDATION

1. Authorize the City Manager to execute Amendment No. 1 to the Agreement for the Performance of Services with Nalco Company, LLC to extend the term of the Agreement through August 31, 2023 and increase the maximum compensation to $900,000;

2. Authorize the City Manager to make minor changes to the proposed amendment attached subject to approval by City Attorney: and

3. Authorize the City Manager to add or delete services consistent with the scope of the agreements, and allow future rate adjustments subject to request and justification by contractor, approval by the City of Santa Clara Page 2 of 3 Printed on 8/19/2021
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21-1036 Agenda Date: 8/24/2021
City, and the appropriation of funds.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Deanna J. Santana, City Manager

ATTACHMENTS

1. Original Agreement with Nalco Company, LLC

2. Proposed Amendment No. 1 with Nalco Company, LLC
City of Santa Clara Page 3 of 3 Printed on 8/19/2021
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DocuSign Envelope ID: C435B91 E-D7F7-4D44-BFC3-61 BFF3784F4E Ebix Insurance No. S200001195
AMENDMENT NO. 1

TO THE AGREEMENT FOR THE PERFORMANCE OF SERVICES

BETWEEN THE CITY OF SANT A CLARA, CALIFORNIA,

AND NALCO COMPANY LLC

PREAMBLE
This agreement ("Amendment No. 1 ") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Nalco Company LLC, a Delaware limited liability company, (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for the Performance of Services by and Between the City of Santa Clara, California and Nalco Company LLC, dated August 31, 2018 (Agreement); and B. The Parties entered into the Agreement for the purpose of having Contractor provide water treatment services at the Donald Von Raesfeld (DVR) Power Plant, and the Parties now wish to amend the Agreement to extend the term, increase maximum compensation, add services at the Cogeneration Plant (Cogen), and thereby supersede the Agreement for the Performance of Services by and Between the City of Santa Clara, California and Nalco Company LLC, dated August 31, 2018 related to the Cogen Plant as of September 1, 2021.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Reinstatement of Agreement. The termination of the Agreement is hereby revoked and, except as expressly modified by this Amendment, the Agreement is reinstated in its entirety and shall be in full force and effect as if the same had never been terminated.

2. Section 5 of the Agreement, entitled "TERM OF AGREEMENT" is amended to read as follows:

Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on August 31, 2023.

3. Exhibit A - Scope of Services shall be deleted and replaced with the attached Exhibit A - Scope of Services -Amended September 1, 2021.

4. Exhibit B - Schedule of Fees shall be deleted and replaced with the attached Exhibit B - Schedule of Fees and Payment Provisions -Amended September 1, 2021.

Amendment No. 1 to Agreement/Nalco Company LLC Rev. 10/25/19 Page 1 of 24 DocuSign Envelope ID: C435B91 E-D7F7-4D44-BFC3-61 BFF3784F4E

5. Exhibit F of the Agreement, entitled "Milestone Schedule", is hereby deleted and replaced with Exhibit F - Labor Compliance Addendum attached and incorporated into this Agreement.

6. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.

The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANT A CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:

City Attorney's Office
ri4J~/~
~ I/ 7 !D/:>0..2,/
DEANNAJ. SANTANA
City Manager
"CITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: ( 408) 615-2210
Fax: (408) 241-6771

NALCO COMPANY, LLC
a Delaware limited liability company (!jJ'I
Dated: 11/4/2021 - --------------- --
By (Signature): ~"="=~=·:,:6""':, ..,..e....f?-._ .,._...__ -=-------------- Name: Matt Rocca Title: Assistant vice Pr esi dent
Principal Place of
Business Address: 1601 west Diehl Road , Napervi ll e , Illi nois, 60563 Email Address:

Telephone:

Fax:
"CONTRACTOR"
Amendment No. 1 to Agreement/Nalco Company LLC Rev. 10/25/19 Page 2 of 24 DocuSign Envelope ID: C435891 E-D7F7-4044-BFC3-61BFF3784F4E AMENDMENT NO. 1

TO THE AGREEMENT FOR THE PERFORMANCE OF SERVICES

BETWEEN THE CITY OF SANTA CLARA, CALIFORNIA

AND NALCO COMPANY LLC
EXHIBIT A - SCOPE OF SERVICES - AMENDED SEPTEMBER 1, 2021

1. Service Plan / Work Scope
Contractor shall provide services for Silicon Valley Power (SVP) as outlined below and according to the schedules in this Exhibit A and Exhibit A-1 (DVR Annual Water Treatment Schedule) and Exhibit A-2 (Cogen Annual Water Treatment Service Schedule) incorporated by reference.

1.1. Bi-Weekly Service - Contractor will perform the following services every two weeks:

1.1.1. Visit Donald Von Raesfeld (DVR) and Cogeneration (Cogen) power plants to collect operator testing data
and inventory of treatment chemicals.

1.1.2. Provide continual guidance to SVP Operators to help optimize chemical usage on a bi-weekly basis

1.1.3. Monitor the control capability of each of the water treatment systems at DVR and to troubleshoot any
existing problems in the plant.

1.1.4. Provide a written service report following each visit documenting contractor's findings and
recommendations for improvement and optimization
of the water chemistry program. Each report shall be
issued within 48 hours of Contractor's visit and shall
include:

1.1 .4.1. Trend graphs of normalized Reverse Osmosis
(RO) performance data and recommendations for
membrane cleaning

1.1.4.2. Trend graphs of daily operator wet chemistry data

1.1.4.3. Trend graphs from the cooling water automation equipment

1.1 .4.4. Chemical inventory, usage, and ordering

1.1.4.5. Recommendations for improvement and
optimization of the entire water treatment program

1.2. Quarterly Services - Contractor will perform quarterly Legionella testing services for cooling tower to meet the risk management guidelines in each plant's business plan.

1.3. Annual Services - Contractor will perform the following services annually:

Amendment No. 1 to Agreement/Nalco Company LLC Rev. 10/25/19 Page 3 of24 DocuSign Envelope ID: C435B91 E-07F7-4044-BFC3-61BFF3784F4E

1.3.1. 1.3.2.

Provide an annual business review to summarize
accomplishments from the previous year and set
goals for the coming year.

Provide annual operator training seminars for SVP in
Santa Clara about water treatment on a schedule
mutually agreed upon between the Parties. Training
seminars shall include

1.3.2.1. Water treatment philosophy, best practices,
chemical safety, and troubleshooting

1.3.2.2. Training for new operators and refresher training for experienced operators.
1 .4. Off-site Analytical Services:

Contractor offers an extensive array of analytical testing services at its corporate lab in Naperville, IL. Contractor will be provide the following testing services at no additional charge for the duration of this agreement:
1 .4.1. Quarterly Legionella testing for cooling tower

1.4.2. 1.4.3.

1.4.4. A complete cation, anion mineral analysis of the reclaimed water at least twice per year
Mineral analysis, particle analysis, and or bacteria
analysis for on-going troubleshooting
Deposit analysis from boiler and/or cooling tower
deposits removed during inspections.

1.5. Ongoing Services

1.5.1. 1.5.2.

1.5.3. 1.5.4.

1.5.5. Contractor will order chemical as needed to maintain proper inventory levels at the site.

Contractor will provide its Zero Defect Portafeed
Transfer Service Delivery Program to insure the
safest possible delivery and inventory management
for delivery of products at the site.

Contractor's 3DTRASAR automation technology is
currently installed and in use at the DVR cooling
tower which helps to optimize both the performance
of the system and the chemical costs in the cooling
tower.

Attend meetings with SVP staff on request
Recommend cost savings and performance
improvement projects and assist with implementation
of improvements. Such improvements may include,
but are not limited to: condenser performance
Amendment No. 1 to AgreemenUNalco Company LLC Rev. 10/25/19 Page 4 of 24 DocuSign Envelope ID: C435B91 E-D7F7-4D44-BFC3-61 BFF3784F4E

1.5.6. 1.5.7.

1.5.8. 1.5.9.

1.5.10. 1.5.11.
monitoring, Heat Recovery Steam Generators
(HRSG) treatment best practices and improvements
associated with water and energy savings. Updates
on such proposed projects shall be provided quarterly
as outlined in Section 1.2 of this Exhibit A.

Develop and manage operator log sheets and
electronic database for wet chemistry data
management.

Develop and maintain a program administration
manual and test procedures manual
Review chemistry trends from Pl system
Assist SVP staff in setting up and maintaining an onsite water testing lab.

Provide emergency response to plant problems and
questions 24 hours a day and seven days per week.

Equipment: Use of the following Contractor
equipment installed or placed at DVR is at no
additional cost. Such equipment shall remain the
property of Contractor. Contractor shall perform
ongoing maintenance, calibration, and repair or
replacement parts for this equipment including full
replacement, if required through the period of this
Agreement at no additional cost.

1.5.11.1. Nalco's Portafeed Basetanks

1.5.11.2. Nalco's 3DTRASAR Automation Equipment

1.6. As Needed Services:

1.6.1. Contractor will be available for equipment inspections of the boilers (DVR and Cogen) and cooling water
systems (DVR) as needed during both planned and
unplanned maintenance outages.

1.6.2. The following services may be provided upon request and authorization as outlined in Exhibit B.

1.6.2.1. Detailed metallurgical testing and/or membrane autopsy analyses

1.6.2.2. Assistance with mechanical installations,
equipment repair, cooling tower cleanings, and/or
other unusual service needs.

1.7. Contractor shall provide services aligned with the following key business drivers identified by Contractor and SVP:

1. 7 .1. Safety and environmental compliance,
Amendment No. 1 to Agreement/Nalco Company LLC Rev. 10/25/19 Page 5 of24 OocuSign Envelope ID: C435B91 E-07F7-4044-BFC3-61BFF3784F4E

1.7.2. Maximizing plant reliability and availability,

1.7.3. Optimizing the heat rate and efficiency, and

1.7.4. Minimizing the total cost of operation for the site.

2. Contractor-Owned Equipment Terms.

For equipment (including Porta-Feed units, 3D TRASAR and other proprietary equipment of Contractor and any associated computer hardware or software) furnished to City on a rental or use basis (the "Equipment"), the following terms and conditions shall also apply.

2.1. Equipment shall remain the sole personal property of Contractor even though City may attach Equipment to realty. Contractor may cause such Equipment to be marked to indicate its ownership, and City agrees to provide reasonable cooperation including executing any financing statements Contractor files with respect to the Equipment. City shall take no action which is inconsistent with Contractor's title to the Equipment, and shall not move, encumber or alter the Equipment without Contractor's written authorization.

City shall be responsible for any personal property or use taxes associated with the Equipment.

2.2. City shall not use the Equipment with any materials or products other than those recommended or approved by Contractor. The proper functioning of the Equipment is conditioned upon City operating it in accordance with Contractor's recommendations.

2.3. City shall install and provide the utilities necessary for the Equipment, and will provide a suitable location for the Equipment, including but not limited to shelter, tank pads, spill protection, foundations, etc., as appropriate. City shall receive, unload, place and remove Equipment at no cost to Contractor and should be responsible for procuring any necessary permits or licenses for such actions. With respect to Porta-Feed units, City agrees to provide access for a standard truck (min. 40 feet end-to-end, 14 feet high) to be driven safely to an area (e.g. loading dock) in the vicinity of the base tank to offload refill units.

2.4. City shall not alter the Equipment without Contractor's written authorization.

2.5. City shall allow Contractor to subcontract portions of work to be performed under this Agreement with respect to Equipment including but not limited to data-hosting, transmission of data through internet service providers and use other service providers.

Contractor shall have the right to inspect and service Equipment during normal business hours.

2.6. Upon termination of this Agreement by either Contractor or City, City shall return Equipment to Contractor at City's sole expense in Amendment No. 1 to Agreement/Nalco Company LLC Rev. 10/25/19 Page 6 of 24 DocuSign Envelope ID: C435B91 E-D7F7-4O44-BFC3-61 BFF3784F4E the same condition as received, ordinary wear and tear excepted.

In the event Equipment is lost, damaged or destroyed, City shall pay to Contractor the cost of replacement, or of repair at Contractor's standard charges then in effect. During the term of this Agreement, the Equipment will remain the exclusive property of Contractor.

2.7. Contractor reserves the right to use non-union labor for supervised, installation, testing and service of Equipment.

2.8. City agrees to inform Contractor of any special or unusual safety precautions that should be taken because of conditions in City's plant or process.

2.9. Notwithstanding anything in any agreement or otherwise to the contrary, all data generated or collected by the Equipment that is transmitted to Contractor ( or to a Contractor third-party provider) is owned by City but City hereby grants to Contractor a perpetual, non-exclusive, royalty-free license to use that data (and that license will survive the termination or expiration of this Agreement).

City agrees to maintain reasonable measures to ensure the security of its information, computer and internet systems, including data security, and will hold Contractor and its affiliates harmless from claims relating thereto including, without limitation, third-party actions in connection therewith, excluding only damages to the extent caused by Contractor's willful misconduct or fraud.

3. Contractor Responsibilities:

3.1. Contractor shall possess all licenses and/or certifications necessary to perform the services described in this Exhibit A

3.2. Contractor shall provide qualified and skilled employees as necessary to perform the services in this Agreement.

3.3. Contractor shall be solely responsible for selecting, hiring, employing, paying, supervising, training and discharging all personnel necessary for the providing efficient services.

3.3.1. 3.3.2.

Contractor shall employ only competent
craftsmen/skilled workers who are appropriately
trained and licensed to perform the required services.

Contractor shall be responsible for understanding
and complying with any training and licensing
required for the performance of the services
described in this Agreement, including but not limited
to, Department of Transportation (DOT) requirements
for commercial driver's license and required drug
testing if applicable.

Amendment No. 1 to AgreemenUNalco Company LLC Rev. 10/25/19 Page 7 of 24 DocuSign Envelope ID: C435B91 E-D7F7-4O44-BFC3-61 BFF3784F4E

3.3.3. City may request verification of the assigned
employees' or subcontractors' qualifications at any
time. Contractor shall promptly provide such
verification upon request by City.

3.3.4. Contractor's employees and any subcontractors shall supply proper identification when requested by City.

3.3.5. City reserves the right to request the removal of any Contractor employee(s) or subcontractor who does
not conduct themselves in a courteous, professional
manner, or whose actions endanger the safety of
people or property. Contractor shall promptly
respond to requests for replacement personnel.

3.4. Contractor shall provide a Project Manager/General Manager who is responsible for the day-to-day management and supervision of the required services. Project Manager responsibilities shall include, but not be limited to: correcting problems, managing conflicts and complaints, and overseeing work schedules, personnel, and equipment requirements. Contractor has assigned Chris Buchholz as the Primary Service Representative. In the event Chris is unavailable, Derek Roberts or Scott Isherwood will be available for on-site services.

3.5. Contractor shall provide all parts, materials, tools, equipment, and consumables necessary for all tasks

3.6. All Contractor Sales and Service Representatives participate in a minimum of 16 hours per year of Safety Training related to the following topics:

3.6.1. 3.6.2.

3.6.3. 3.6.4.

3.6.5. 3.6.6.

3.6.7. 3.6.8.

3.6.9. Hearing Conservation
Fall Protection
Confined Space Entry
Defensive Driving
Safe Handling of Oxidizers
Transporting and Shipping Hazardous Materials
Respiratory Protection
Risk Assessment
Safety On Site
Amendment No. 1 to AgreemenVNalco Company LLC Rev. 10/25/19 Page 8 of 24 DocuSign Envelope ID: C435B91 E-O7F7-4D44-BFC3-61 BFF3784F4E

3.7. Safety:

3.7.1. 3.7.2.

3.7.3. 3.7.4.

3.7.5. 3.7.6.

Contractor shall ensure that all its employees,
subcontractors, and agents abide by established
local, state and federal safety rules and regulations.

Contractor employees, and any subcontractors shall
always act in a safe manner while on City property.

Contractor shall be responsible for remaining up to
date on all applicable federal, state, county, and local laws, ordinances and codes in the event they are
amended. Where any amended applicable laws or
ordinances are in conflict with the City's
requirements, the more stringent requirement(s) shall
be followed. Contractor's failure to be thoroughly
familiarized with the safety provisions shall not relieve Contractor from compliance with the obligations and
penalties resulting therefrom.

Contractor shall provide and maintain an Injury and
Illness Prevention Program (IIPP) pursuant to Title 8,
Section 3203 of the California Administrative Code.

The program shall include, but not be limited to, a
safety training program instructing Contractor's
employees and subcontractors in general safe work
practices and shall include specific instructions with
regard to hazards unique to the employee's or
subcontractor's job assignment. A copy of
Contractor's IPP shall be submitted to City prior to
the execution of an agreement and be made
available on site upon request.

Contractor shall schedule periodic safety inspections
to identify and correct unsafe conditions and work
practices. City reserves the right to accompany
Contractor during these inspections.

Contractor employees (including any subcontractors)
shall not use or possess alcohol, narcotics, firearms,
or drugs of any nature other than medical (for which
Contractor's employee or subcontractor has a current
doctor's prescription) on City property and while
performing services for the City. Employees or
subcontractors using prescribed medication will not
engage in any work if the medication can potentially
Amendment No. 1 to AgreemenUNalco Company LLC Rev. 10/25/19 Page 9 of 24 DocuSign Envelope ID: C435B91 E-D7F7-4D44-BFC3-61 BFF3784F4E

3.7.7. 3.7.8.

3.7.9. impair the employee's or subcontractor's ability to perform the work safely.

Contractor's employees (including any
subcontractors) shall utilize appropriate Personal
Protective Equipment (PPE) and Fire Resistant (FR)
clothing, as required. Contractor shall provide the
required PPE and FR clothing at its own expense.

Contractor shall immediately remove any personnel
who is acting in an unsafe or dangerous manner.

Contractor shall notify City immediately in event of an injury or property damage that occurs during the
performance of the services described in this
Agreement. Contractor shall investigate the reported
injury or damage upon request from City, and provide
City with regular updates until the investigation is
resolved. City reserves the right to perform its own
investigation. Should City choose to conduct its own
investigation, Contractor shall assist City as required.

3.7.10. Workmanship:

3.7.10.1. Contractor shall perform the required services in an environmentally responsible manner.

3.7.10.2. Contractor shall assume full responsibility for the protection and safekeeping of material and tools
stored at the site, and shall lock all Contractor
vehicles when parked and unattended, to prevent
unauthorized use. Contractor shall not leave
vehicles or equipment unattended with the motor
running or the ignition key in place.

3.7.10.3. Contractor shall take all necessary precautions to protect City property from damage during the
performance of the required services. Contractor
shall be responsible for the repair of any property
damaged during the performance of services.

Damage to City property that cannot be repaired
shall be replaced at Contractor's sole expense,
prior to issuance of payment to Contractor by City.

Any expenses incurred by City to repair property
damage will be deducted from Contractor's
compensation or billed to Contractor at City's
discretion.

Amendment No. 1 to Agreement/Nalco Company LLC Rev.10/25/19 Page 10 of 24 DocuSign Envelope ID: C435B91 E-D7F7-4D44-BFC3-61 BFF3784F4E

3.7.10.4. Contractor shall keep their work site(s) free from all surplus material, waste material, dirt and
rubbish caused by Contractor's performance of
services.

3. 7.10.5. Contractor shall leave the work site in a neat and orderly condition. All clean-up work will be done to
the satisfaction of City, and at the sole expense of
Contractor.

3.7.10.6. Contractor shall be responsible for disposing of all hazardous material generated during the
performance of services.

3.7.10.7. City shall have the right to inspect any work performed by Contractor and any subcontractors.

Should City determine upon inspection any
unsatisfactory or defective work, Contractor shall
immediately correct the work at no additional cost
to the City.

Amendment No. 1 to AgreemenUNalco Company LLC Rev. 10/25/19 Page 11 of 24 DocuS1gn Envelope ID: C435B91 E-D7F7-4D44-BFC3-61 BPF-3784F4E I JAN

HRSG, COOLING TOWER, RO PLANT
Bi-Weeklt Service
Review Log Sheets xx
Provide Service Report xx
Download 3DTRASAR xx
Download RO Performance Data xx
Troubleshooting xx
Implement Best Practices

INVENTORY CONTROL
Check Inventory xx
Check Lab Reagent Inventory xx
Place Orders xx

EQUIPMENT INSPECTIONS
HRSG
Cooling Tower
Quarterly Legionella Testing
Update 6 Service Standards
AMENDMENT NO, 1 TO THE AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE CITY OF SANTA CLARA AND NALCO COMPANY LLC EXHIBIT A-1: DVR ANNUAL WATER TREATMENT SERVICE SCHEDULE

FEB I MAR APR MAY I JUN JUL I AUG
XX xx xx xx XX xx xx
XX xx xx xx xx xx xx
XX xx xx xx xx xx xx
xx XX xx xx XX xx xx
XX xx xx xx XX xx xx
On-Going
I I I
xx xx xx xx xx xx xx
xx xx xx xx xx xx xx
xx xx xx xx xx xx xx
As Needed
As Needed
X X
X
SEP
xx
xx
xx
xx
xx
XX
xx
xx
X
Operator Training At least once per year. Schedule as mutually agreed between Parties.

Project Work (On Going) X X X X X X X X X
Review Project List X X X

BUSINESS REVIEW X
Amendment No. 1 to Agreement/Nalco Company LLC Rev. 10/25/19

I OCT NOV I DEC
XX xx xx
XX XX xx
xx XX XX
xx xx XX
xx xx xx
I
xx xx xx
xx xx xx
xx xx xx
X
X X X
X

DocuSIgn Envelope ID: C435B91 E-D7F7-4D44-BFC3-61 BFF3784F4E JAN
HRSG Boilers
Bi-Weekly Sentice
Review Log Sheets xx
Provide Service Report xx
Troubleshooting xx
Implement Best Practices

INVENTORY CONTROL
Check Inventory XX
Place Orders XX

EQUIPMENT INSPECTIONS
HRSG
Update 6 Service Standards
Project Work
Review Project List

BUSINESS REVIEW
AMENDMENT NO. 1 TO THE AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE CITY OF SANTA CLARA AND NALCO COMPANY LLC EXHIBIT A-2: COGEN ANNUAL WATER TREATMENT SERVICE SCHEDULE

FEB MAR APR MAY JUN JUL AUG SEP
xx xx xx XX xx xx xx xx
XX xx xx xx xx xx xx xx
xx xx xx xx xx xx xx xx
On-Going
xx xx xx xx XX xx XX xx
xx xx xx xx xx xx xx xx
As Needed
X
On-going
X X X
X
Amendment No. 1 to Agreement/Nalco Company LLC Rev. 10/25/19

OCT NOV DEC
xx xx xx
xx xx XX
XX xx xx
xx xx xx
xx xx xx
X
Page13of24
DocuS!gn Envelope ID: C435B91 E-D7F7-4D44-BFC3-61 BFF3784F4E AMENDMENT NO. 1

TO THE AGREEMENT FOR THE PERFORMANCE OF SERVICES

BETWEEN THE CITY OF SANT A CLARA, CALIFORNIA

AND NALCO COMPANY LLC
EXHIBIT 8- SCHEDULE OF FEES AND PAYMENT PROVISIONS -
AMENDED SEPTEMBER 1, 2021

1. Compensation: The amount billed to City by Contractor for services under this Agreement as Amended will not exceed nine hundred thousand dollars ($900,000). Additional services that exceed that amount shall only be authorized by a written addendum to this agreement in advance of services being performed.

1.1. No products or services that will commit or authorize funds in excess of the authorized amount in this Agreement are authorized. All work performed or materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation unless a written amendment is executed between the Parties.

1.2. Contractor shall not initiate any activity that will result in costs exceeding the compensation in the Agreement or are anticipated to extend past the term of this Agreement.

2. Products and Services shall be provided according to the rates in Exhibit B-1 (DVR Chemical Applications Pricing) and Exhibit B-2 (Cogen Chemical Applications Pricing)

2.1. Except as outlined in this Exhibit, chemicals shall be provided at the price per pound listed for each chemical in Exhibit B-1 or Exhibit B-2.

This pricing is delivered pricing to the site and includes all transportation and delivery costs.

2.2. Total Estimated costs per year in Exhibit B-1 or B-2 for chemicals are estimated as some variation in usage should be expected to occur and not all scenarios affecting future chemical usage can be foreseen.

3. Annual Price Adjustment

3.1. Nalco's chemical pricing is estimated based upon a fixed price increase of 5% to be applied on January 1, 2022, and Jan. 1, 2023. The price sheets in Exhibit B-1 and B-2 reflect this fixed price adjustment as well as the current 2021 price list and annual estimate.

3.2. Hardships/ Extraordinary Inflationary Disruption:

3.2.1. Contractor may increase the prices for specific products or services if, at any time during the term of this Agreement, an Extraordinary Inflationary Disruption occurs.

Amendment No. 1 to Agreement/Nalco Company LLC Rev. 10/25/19 Page 14 of24 DocuSign Envelope ID: C435891 E-07F7-4044-BFC3-61BFF3784F4E

3.2.2. 3.2.3.

3.2.4. 3.2.5.

3.2.6. Extraordinary Inflationary Disruption is defined as an increase in raw materials, freight, labor, or energy costs beyond the control of Contractor of at least seven (7%) percent and sustained over a three-month period.

In case of such an Extraordinary Inflationary Disruption, Contractor may increase the price of the affected products up to the full amount of the increase in its costs (raw materials, freight, labor or energy) by giving City at least thirty (30) days written notice.

The baseline for determining such increase shall be on an individual product basis.

If Contractor's costs decline back to a baseline level, Contractor is permitted to maintain product prices at the elevated level for the same period of time Contractor previously maintained pricing prior to the hardship price increase.

Contractor shall fully disclose product cost information with City prior to any Hardship/ Extraordinary Inflationary Disruption adjustment and Contractor will work in good faith to find cost effective alternatives in place of any such adjustment.

4. Authorization of work:

4.1. When services or products not included in Exhibit B1 are requested by City greater than five (5) days in advance, Contractor shall provide a quote for the anticipated services. Such quote shall be approved in writing (e-mail acceptable) by one of the following: Electric Program Manager, Electric Utility Division Manager, Assistant Director Electric Utility, and Chief Electric Utility Operating Officer.

4.2. Emergency Services --those services scheduled less than five (5) days in advance -- shall be quoted where possible and invoiced in a matter that permits the City to assure that services were provided at the rates authorized in this Purchase Order.

4.3. All quotes and invoices shall contain detail sufficient for City to verify that services are provided at the rates specified in this Agreement.

4.4. Contractor is responsible for notifying City in a timely manner when the quoted cost may change such as due to new findings, changes in process, or changes in regulations. Contractor shall provide reason for the change.

Amendment No. i to Agreement/Nalco Company LLC Rev.10/25/19 Page 15 of24 DocuSign Envelope ID: C435B91 E-D7F7-4D44-BFC3-61 BFF3784F4E

5. Payment Provisions:

5.1. A separate invoice will be created for each product order at the time of delivery.

5.2. Contractor will bill City on a monthly basis for services provided by Contractor during the preceding month on an invoice and in a format approved by City and subject to verification and approval by City including, where applicable, receipt and verification of associated certified payroll using LCP tracker or such other system as defined by the City.

5.3. If there are no issues with an invoice, City process for payment.

Amendment No. 1 to Agreement/Nalco Company LLC Rev. 10/25/19 Page 16 of24 OocuSign E::nve!ope ID: C435B91 E-07F7-4044-BrC3-61 BFF3784F4E AMENDMENT ND. 1 TO THE AGREEMENT FDR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE CITY OF SANTA CLARA AND NALCO COMPANY LLC EXHIBIT B-1: DVR-CHEMICAL APPLICATIONS· PRICING
DVR CHEMICAL APPLICATIONS 2021 (EFFECTIVE SEPTEMBER 1, 2021 • DECEMBER 31, 2021) Application Point Application Basis for Calculating Nalco Product Basetanlc/Chem Delivery % Active Recommended Operator Testing Unit Price Description Annual Quantity Name Storage Size Method Dosage (ppm) Method HRSG 1&2HP Drum Corrosion Annual Ave 8D rate Basetank Mini-bulk Inhibitor of11gpm BT-3000 Provided by Transfer to 5% 0.4ppm Ortho Phosphate $ 3.62 Supplier Basetank
Mineral Annual Ave BO rate Basetank Mini-bulk Nalco Active Cooling Tower Dispersant of 91 gpm 3DT120 Provided by Transfer 30% 20ppm Polymer $ 2.97 Suppller to Basetank
Corrosion Annual Ave BD rate Basetank Mlnl-bulk
Inhibitor of 91 gpm 3DT179 Provided by Transfer 30% 30ppm Total Phosphate $ 2.76 Supplier to Basetank
Antifoam Annual Ave BD rate PP01-3911 55-gallon Drum Drop Off 88% As needed Visual - Subjective $ 2.17 of 91 gpm Delivery Bier Dosed Twice Per Drop Off Year During Tower 73550 5-gallon Pail 52% 2.5 per dose NIA $ 5.49 Dispersant Cleaning Dellvery Annual Ave Flow Rate Basetank Mini-bulk
Ultrafilter Filter Aid 190 gpm 8131 Provided by Transfer 50% 8 ppm RO Feed SD! $ 1.68 Supplier to Basetank
Low pH 2 Offline Cleanings 8344 5-ga!lon Pail Drop Off 49°/4 2.5 gallons per pH $ 4.81 Cleaner per year Delivery 0 deaning batch Mineral Annual Ave Flow Rate Basetank Mini-bulk
RO System Dispersant 170 gpm
PC-191T Provided by Transfer 36% 4ppm Nalco TRASAR Test $ 2.37 Suppller to Basetank
Non- Basetank Mini-bulk No Test Available,
Oxidizing Annual Ave Flow Rate PC-11 Provided by Transfer to 20% 80 ppm for 3 Use RO Membrane $ 5.28 Biocide 170 gpm Supplier Basetank Hours/week Fouling to determine success
High pH 2 Offline Cleanings PC-98 5-ga!lon Pai! Drop Off 28% 15 gallons per pH $ 4.39 Cleaner per year 1st Pass Dellvery cleaning batch Low pH 1 Off!ine Cleaning per PC~77 5-ga!lon Pail Drop Off 5% 15 gallons per pH $ 3.83 Cleaner year Second Pass Delivery cleaning batch Total Annual Expected Chemical Cost
Tota! Annual Fixed Service Fee ($911.62/month)
Total Cost of Nalco Portafeed Basetank Installation
Total Annual Cost of 3DTRASAR Cooling Water Automation Equipment Offsite Analytical Testing (Legionella, Mineral Analysis, Particle Analysis) Total Annual Cost
Amendment No. 1 to Agreement/Nalco Company LLC Rev. 10/25/19 Quantity per Lbs/yr Estimated Estimated Total
Container or Number of Cost per Year
Delivery Containers
per Year
55 gallons 90 0.1 $ 108.60
200 gallons 15112 8.0 $14,960.88
200 gallons 12516 6.0 $11,514.72
55 gallons 2070 5.0 $1,497.30
5 gallons 92 2.0 $ 168.36
200 gallons 8536 4.0 $4,780.16
5 gallons 106 2.0 $ 169.95
55 gallons 6864 11.0 $5,422.56
55 gallons 3000 7.0 S 5,280.00
5 gallons 378 9.0 $ 553.14
5 gallons 98 2.0 $125.11
$44,580.79
$3,646.48
included in pricing
Included in pricing
included in pricing
$48,227.27

DocuSIgn 1::nvelope ID: C435B91l:.-D7F7-4D44-BFC3-61BFF3784F4E.

AMENDMENT NO. 1 TO THE AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE CITY OF SANTA CLARA AND NALCO COMPANY LLC EXHIBIT 8-1: DVR -CHEMICAL APPLICATIONS - PRICING
DVR CHEMICAL APPLICATIONS 2022 (EFFECTIVE JANUARY 1, 2022 - DECEMBER 31, 2022) Application Point Appllcation Basis for Calculating Nalco Product Basetank/Chem Delivery % Active Recommended Operator Testing Unit Price Description Annual Quantity Name Storage Size Method Dosage (ppm) Method HRSG 1 &2HP Drum Corrosion Annual Ave SD rate Basetank Mini-bulk BT-3000 Provided by Transfer to 5% 0.4 ppm Ortho Phosphate $ 3,80 Inhibitor of11gpm Supplier Basetank Mineral Annual Ave BO rate Basetank Mini-bulk Nalco Active Cooling Tower Dispersant of 91 gpm 3DT120 Provided by Transfer 30% 20ppm Polymer $ 3.12 Supplier to Basetank
Corrosion Annual Ave SD rate Basetank Mini-bulk
3DT179 Provided by Transfer 30% 30ppm Total Phosphate $ 2.90 Inhibitor of 91 gpm Supplier to Basetank Antifoam Annual Ave SD rate PP01-3911 55-ga!lon Drum Drop Off 88% As needed Visual - Subjective $ 2.28 of 91 gpm Delivery Bio- Dosed Twlce Per
Year During Tower 73550 5-gallon Pai! Drop Off 52% 2.5 per dose NIA $ 5.76 Dispersant Cleaning Delivery Basetank Mini-bulk Annual Ave Flow Rate Ultrafilter Filter Aid 8131 Provided by Transfer 50% 8 ppm RO Feed SD! $ 1.76 190 gpm Supplier to Basetank Low pH 2 Offline Cleanings 8344 5-ga!lon Pail Drop Off 49% 2.5 gallons per pH $ 5.05 Cleaner per year Delivery cleaning batch Mineral Annual Ave Flow Rate Basetank Mini-bulk
RO System Dispersant 170 gpm
PC-191T Provided by Transfer 36% 4 ppm Nalco TRASAR Test $ 2.49 Supplier to Basetank
Basetank Mini-bulk No Test Avallable,
Non- 80 ppm for 3 Use RO Membrane
Oxidizing Annual Ave Flow Rate Provided by Transfer to Hours/week Fouling to determine $ 5.54 Biocide 170 gpm PC-11 Supplier Basetank 20% success
High pH 2 Offline Cleanings PC-98 5-gal!on Pail Drop Off 28% 15 gallons per pH $ 4.61 Cleaner per year 1st Pass Delivery cleaning batch Low pH 1 Offline Cleaning per Drop Off 15 gallons per
Cleaner year Second Pass PC-77 5-gallon Pall Delivery 5% cleaning batch pH $4.02 Total Annual Expected Chemical Cost
Total Annual Fixed Service Fee ($957.20/month)
Total Cost of Nalco Portafeed Basetanl< Installation
Total Annual Cost of 3DTRASAR Cooling Water Automation Equipment Offsite Analytical Testing (Legione!la, Mineral Analysis, Particle Analysis) Total Annual Cost
Amendment No.1 to Agreement/Nalco Company LLC Rev. 10/25/19 Quantity per Lbs/yr Estimated Estimated Total
Container or Number of Cost per Year
Delivery Containers
pee
Year
55 gallons 90 0.1 $ 342.091
200 gallons 15112 8.0 $47,126.77
200 gallons 12516 6.0 $36,271.37
55 gallons 2070 5.0 $4,716.50
5 gallons 92 2.0 $ 530.33
200 gallons 8536 4.0 $15,057.50
5 gallons 106 2.0 $ 535.35
55 gallons 6864 11.0 $17,081.06
3000 7.0 $16,632.00
55 gallons
5 gallons 378 9.0 $1,742.39
5 gallons 98 2.0 $ 394.11
$140,429.48
$ 11,486.40
included in pricing
included in pricing
included in pricing
$151,915.88

lJocuSign Envelope ID: C435B911::.-D7F7-4044-BFC3-61BI-F3784F4E AMENDMENT NO. 1 TO THE AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE CITY OF SANTA CLARA AND NALCO COMPANY LLC EXHIBIT B-1: DVR-CHEMICAL APPLICATIONS• PRICING
DVR CHEMICAL APPLICATIONS 2023 (EFFECTIVE JANUARY 1, 2023 • AUGUST 31, 2023) Appllcation Point Application Basis for Calculating Nalco Product Basetank/Chem Dellvery % Active Recommended Operator Testing Unit Price Description Annual Quantity Name Storage Size Method Dosage (ppm) Method HRSG 1 &2HP Drum Corrosion Annual Ave BO rate Basetank Mini-bulk Inhibitor of11 gpm BT-3000 Provided by Transfer to 5% 0.4 ppm Ortho Phosphate $ 3.99 Supplier Basetank
Mineral Annual Ave BD rate Basetank Mini-bulk Nalco Actfve Cooling Tower 3DT120 Provided by Transfer 30% 20ppm $ 3.28 Dispersant of 91 gpm Supplier to Basetank Polymer Basetank Mini-bulk Corrosion Annual Ave BO rate 3DT179 Provided by Transfer 30% 30 ppm Total Phosphate $ 3.04 Inhibitor of 91 gpm Supplier to Basetank
Antifoam Annual Ave BO rate PP01-3911 55-gallon Drum Drop Off 88% As needed Visual - Subjective $ 2.39 of91 gpm Delivery Dosed Twice Per Bio- Year During Tower 73550 5-gallon Pail Drop Off 52% 2.5 per dose N/A $ 6.05 Dispersant Cleaning Delivery Annual Ave Flow Rate Basetank Mini-bulk
U!lrafilter Fl!ter Aid 8131 Provided by Transfer 50% 8 ppm RO Feed SDI $1.85 190 gpm Supplier to Basetank
Low pH 2 Offline Cleanings 8344 5-gallon Pail Drop Off 49'¾ 2.5 gallons per pH $ 5.30 Cleaner per year Delivery 0 cleaning batch
Basetank Mini-bulk Mineral Annual Ave Flow Rate RO System PC-191T Provided by Transfer 36% 4ppm Nalco TRASAR Test $ 2.61 Dispersant 170 gpm Suppller to Basetank No Test Available,
Basetank Mlni-bulk Use RO Membrane
Non- Provided by Transfer to 80 ppm for 3 Fouling to determine $ 5.82 Oxidizing Annual Ave Flow Rate Supplier Basetank Hours/week success Biocide 170 gpm PC-11 20%
High pH 2 Offllne Cleanings PC~98 5-gallon Pail Drop Off 28% 15 gallons per pH $ 4.84 Cleaner per year 1st Pass Delivery cleaning batch
Low pH 1 Offline Cleaning per Drop Off 15 gallons per
Cleaner year Second Pass PC~77 5-gallon Pall Delivery 5% cleaning batch pH $4.22 Total Annual Expected Chemical Cost
Total Annual Fixed SeNice Fee ($1005.06/monlh)
Total Cost of Nalco Portafeed Basetank Installation
Total Annual Cost of 3DTRASAR Cooling Water Automation Equipment Offsite Analytical Testing (Legionella, Mineral Analysis, Particle Analysis) Total Annual Cost
Amendment No. 1 to Agreement/Nalco Company LLC Rev. 10/25/19 Quantity per Lbs/yr Estimated Estimated Total
Container or Number of Cost per Year
Delivery Containers
pee
Year
55 gallons 90 0.1 $ 239.46
200 gallons 15112 8.0 $33,044.91
200 gallons 12516 6.0 $25,389.96
55 gallons 2070 5.0 $ 3,301.55
5 gallons 92 2.0 $ 371.23
200 gallons 8536 4.0 $10,540.25
5 gallons 106 2.0 $ 374.75
55 gallons 6864 11.0 $11,956.74
3000 7.0 $11,642.40
55 gallons
5 gallons 378 9.0 $1,219.67
5 gallons 98 2.0 $ 275.87
$ 98,356.80
$ 8,040.48
included in pricing
included in pricing
included in pricing
$106,397.28

DocuSign Envelope ID: C435B91 E-07F7-4D44-Bf-"C3-61 BFF3784F4E.

BY AND BETWEEN THE CITY OF SANTA CLARA AND NALCO COMPANY LLC EXHIBIT B-2: COGEN -CHEMICAL APPLICATIONS - PRICING
COGEN CHEMICAL APPLICATIONS 2021 (EFFECTIVE SEPTEMBER 1, 2021 - DECEMBER 31, 2021) Application Application Basis for Calculating Annual Product Basetank/Chem Delivery % Active Recomm Operator Unit Price Quantity per Lbs/Yr Point Description Quantity Name Storage Size Method ended Testing (Lbs) Container or Dosage Method Delivery
(ppm)
Average BFW Flow Rate of 82 Basetank Mini-bulk Nalco
HRSG#1 Scale gpm (6 cycles of concentration 22310 Provided by Transfer to 25% 12 ppm TRASAR $ 2.28 200 gallons 13902
and #2 Inhibitor and 0.5 ppm Hardness on Hand- held
average) Supplier Basetank Test
Average BFW Flow Rate of 82 Basetank Mini-bulk Sulfite
Oxygen gpm (6 cycles of concentration, 1720 Provided by Transfer to 25% 20 ppm Residual - $1.38 200 gallons 16560 Scavenger 25 ppm Sulfite Residual in
Boilers) Suppller Basetank Titration
Total Annual Chemical Cost
Annual Service Fee ($303.88/month)
Total Annual Cost
COGEN CHEMICAL APPLICATIONS 2022 (EFFECTIVE JANUARY 1, 2022 - DECEMBER 31, 2022) Application Application Basis for Calculating Annual Product Basetank/Chem Delivery % Active Recomm Operator Unit Price Quantity per Lbs/Yr Point Description Quantity Name Storage Size Method ended Testing (Lbs) Container or Dosage Method Delivery
(ppm)
Average BFW Flow Rate of 82 Basetank Mini-bulk Nalco
HRSG #1 Scale gpm (6 cycles of concentration 22310 Provided by Transfer to 25% 12 ppm TRASAR $ 2.39 200 gallons 13902
and #2 inhibitor and 0.5 ppm Hardness on Hand- held
average) Supplier Basetank Test
Average BFW Flow Rate of 82 Basetank Mini-bulk Sulfite
Oxygen gpm (6 cycles of concentration, 1720 Provided by Transfer to 25% 20 ppm Residual - $ 1.45 200 gallons 16560 Scavenger 25 ppm Sulfite Residual in Supplier Basetank Titration Boilers)
Tota! Annual Chemical Cost
Annual Service Fee ($319.07/month)
Total Annual Cost
Amendment No. 1 to Agreement/Nalco Company LLC Rev. 10/25/19 Gallons Estimated Number Estimated
per Year of Containers per Total Cost
Year per Year
1400 7 $10,565.52
1600 8.0 $7,617.60
$18,183.12
$1,215.52
$ 19,398.64
Gallons Estimated Number Estimated
per Year of Containers per Total Cost
Year per Year
1400 7.0 $33,281.39
1600 8.0 $ 23,995.44
$57,276.83
$3,828.84
$61,105.67

DocuSIgn Envelope JO: G435!:391 E:-D7F7-4D44-Bf-C3-61 BFF3784!--'4E

BY AND BETWEEN THE CITY OF SANTA CLARA AND NALCO COMPANY LLC EXHIBIT B-2: COGEN -CHEMICAL APPLICATIONS - PRICING
COGEN CHEMICAL APPLICATIONS 2023 (EFFECTIVE JANUARY 1, 2023 - AUGUST 31, 2023) Application Application Basls for Calculating Annual Product Basetank/Chem Delivery % Active Recomm Operator Unit Price Quantity per Lbs/Yr Point Description Quantity Name Storage Size Method ended Testing (Lbs) Contalner or Dosage Method Delivery
(ppm)
Average BFW Flow Rate of 82 Basetank Mini-bulk
Nalco
HRSG #1 Scale gpm (6 cycles of concentration 22310 Provided by Transfer to 25% 12 ppm TRASAR $ 2.51 200 gallons 13902
and#2 Inhibitor and 0.5 ppm Hardness on Supplier Basetank Hand- held
average) Test
Average BFW Flow Rate of 82 Basetank Mini-bulk Sulfite
Oxygen gpm (6 cycles of concentration, 1720 Provided by Transfer to 25% 20 ppm Residual- $ 1.52 200 gallons 16560 Scavenger 25 ppm Sulfite Residual in Supplier Basetank Titration Sollers)
Total Annual Chemical Cost
Annual Service Fee {$335/month)
Tota! Annual Cost
Amendment No. 1 to Agreement/Nalco Company LLC Rev. 10/25/19 Gallons Estimated Number Estimated
per Year of Containers per Total Cost
Year per Year
1400 7.0 $23,296.97
1600 8.0 $16,796.81
$40,093.78
$2,680.00
$42,773.78

DocuSign Envelope ID: C435B91 E-D7F7-4D44-BFC3-61 BFF3784F4E AMENDMENT NO. 1

TO THE AGREEMENT FOR THE PERFORMANCE OF SERVICES

BETWEEN THE CITY OF SANTA CLARA, CALIFORNIA

AND NALCO COMPANY LLC

EXHIBIT F - LABOR COMPLIANCE ADDENDUM
To the extent the services provided by Contractor are subject to the California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements, the following provisions apply.

A. PREVAILING WAGE REQUIREMENTS

1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.

2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.

3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required. Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov.

4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.

5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request.

The term "certified payroll" shall include all required documentation to comply Amendment No. 1 to Agreement/Nalco Company LLC Rev. 10/25/19 Page 22 of 24 DocuSign Envelope ID: C435B91 E-O7F7-4D44-BFC3-61BFF3784F4E with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

6. In addition to submitting the certified payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll records and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.

7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relatio.ns pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1 (a)].

8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered "public works contractor" with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a "public works contractor". Those who fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.

10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney's fee relating to such fine.

11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

B. AUDIT RIGHTS
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no 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 Amendment No. 1 to Agreement/Nalco Company LLC Rev. 10/25/19 Page 23 of 24 DocuSign Envelope ID: C435B91E-D7F7-4D44-BFC3-61BFF3784F4E any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor's address indicated for receipt of notices in this Agreement.

C. ENFORCEMENT

1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.

2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.

3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor's failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.

4. City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.

Amendment No. 1 to Agreement/Nalco Company LLC Rev. 10/25/19 Page 24 of 24 Amendment No. 2 to Agreement/Nalco Company LLC Page 1
Rev. 10/25/19
Ebix Insurance No. S200001195
AMENDMENT NO. 2

TO THE AGREEMENT FOR THE PERFORMANCE OF SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

NALCO COMPANY, LLC

PREAMBLE
This agreement (“Amendment No. 2”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Nalco Company, LLC a Delaware limited liability company, (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties.”

RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for the Performance of Services by and Between the City of Santa Clara, California and Nalco Company LLC, dated August 31, 2018” (Agreement); and B. The Agreement was previously amended by Amendment No. 1, dated November 10, 2021. The Agreement and all previous amendments are collectively referred to herein as the “Agreement as Amended”; and
C. The Parties entered into the Agreement as Amended for the purpose of having Contractor provide water treatment services at Donald Von Raesfeld (DVR) Power Plant and the Cogeneration Plant (Cogen), and the Parties now wish to amend the Agreement to extend the term until December 31, 2023.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 5 of the Agreement as Amended, entitled “TERM OF AGREEMENT” is amended to read as follows:
“Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on December 31, 2023.”

2. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 2, the provisions of this Amendment No. 2 shall control.

Amendment No. 2 to Agreement/Nalco Company LLC Page 2
Rev. 10/25/2019
The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:

GLEN R. GOOGINS
City Attorney
JŌVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”

NALCO COMPANY LLC
a Delaware limited liability company
Dated:

By (Signature):

Name: Karen Murphy
Title: Western Region Assistant Vice President
Principal Place of
Business Address:
1601 West Diehl Road
Napperville, Illinois 60563
Email Address: [email protected]
“CONTRACTOR”
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-109 Agenda Date: 8/29/2023

REPORT TO COUNCIL

SUBJECT
Action on Amendment No. 4 to the Silicon Valley Power Agreement with Advanced Chemical Transport, Inc. to Increase the Maximum Compensation by $340,000 for a Revised Maximum Compensation Amount of $2,140,000 to Cover Outstanding Invoices to be Funded by the Electric Utility Operating Budget - Compliance

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
On January 23, 2018, the City Council authorized an agreement with Advanced Chemical Transport (ACT) for hazardous waste management services (2018 Agreement) for a maximum compensation amount not-to-exceed $330,000. ACT performs a variety of services associated with hazardous waste management, including testing, disposal, remedial and clean-up work, management of required documentation, creation of emergency plans, and emergency response. The Agreement was the result of a competitive RFP process conducted in 2018.

On June 23, 2020, City Council authorized the City Manager to execute Amendment No. 1 to the Agreement, extending the term for two additional years ending on December 31, 2022, and increasing the maximum compensation to $1,100,000. June 23, 2020, the City Council authorized Amendment No. 2 to the Agreement, increasing the maximum compensation to $1,400,000 for the period ending December 31, 2022. On December 6, 2022, the City Council also authorized Amendment No. 3 to the Agreement, increasing the maximum compensation to $1,800,000 and extending the term to June 30, 2023.

DISCUSSION
There are outstanding invoices that require payment for services performed under the 2018 Agreement. Due to a change in pricing resulting from changes to prevailing wages and unanticipated services related to emergency response (approximately $130,000 or 40% of the increase during this period), there is insufficient funding included in Amendment No. 3 to complete the work authorized through the end of the contract term. There were delays in making payments while awaiting certified payroll submittals from ACT and, as a result, staff underestimated the total funds needed to complete the services. As of August 1, 2023, there were known invoices of approximately $332,151. Staff proposes authorizing the City Manager to execute Amendment No. 4 to increase the maximum compensation by $340,000 (from $1,800,000 to $2,140,000) to pay all the invoices associated with the contract through June 30, 2023. The additional funds of $7,849 are recommended to ensure that there are enough funds for any invoices that may have been missed for services authorized and completed before June 30, 2023. Amendment 4 also amends the termination date to September 30, 2023, to facilitate the payment of the outstanding invoices. Only services authorized and completed City of Santa Clara Page 1 of 2 Printed on 8/24/2023
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23-109 Agenda Date: 8/29/2023
before June 30, 2023, will be paid under this proposed authorization.

Beginning on July 1, 2023, services were authorized under a new Agreement with ACT approved by the City Council on June 6, 2023. This agreement is effective for services beginning July 1, 2023, and is for a five-year term with a maximum compensation of $2,500,000.

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)(5) of Title 14 of the California Code of Regulations in that it is an administrative activity that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT
There are unpaid invoices for work authorized through June 30, 2023, requiring payment. An additional $340,000 is needed to settle all the invoices associated with the contract. Funds for these services are budgeted in the Electric Utility Operating Budget in the Compliance Division or in the asset or capital project for which services are needed. Payment for services authorized by June 30, 2023, will be recorded in FY 2022/23.

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]>, or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Authorize the City Manager to execute Amendment No. 4 to the Agreement for Services with Advanced Chemical Transport, Inc., increasing the maximum compensation by $340,000 for a new maximum compensation of $2,140,000; and

2. Authorize the City Manager to make minor changes to the proposed Amendment No. 4, subject to the review and approval as to form by the City Attorney.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Original Agreement for Services with Advanced Chemical Transport, Inc.

2. Amendment No. 1 with Advanced Chemical Transport, Inc.

3. Amendment No. 2 with Advanced Chemical Transport, Inc.

4. Amendment No. 3 with Advanced Chemical Transport, Inc.

5. Proposed Amendment No. 4 with Advanced Chemical Transport, Inc.

City of Santa Clara Page 2 of 2 Printed on 8/24/2023
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City of
Santa Clara
Tho Cont er of What's Poscibl
Date:

To:

From:

January 23, 2018
City Manager for Council Action
Chief Electric Utility Officer

APPROVED
AGENDA ITEM#: _J3. __ 8_1_

AGENDA REPORT
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Subject: Approval of an Agreement for the Performance of Services with Advanced Chemical Transport, Inc. for Hazardous Waste Hauling Services

EXECUTIVE SUMMARY
On August 18, 2017, the Agreement for the Performance of Services with PSC Industrial Outsourcing, LP to provide hazardous waste hauling services expired. To replace the Agreement, the Electric Department, dba Silicon Valley Power (SVP), issued a Request for Proposal (RFP) and received six proposals. Staff evaluated the proposals, and based on qualifications and costs, selected Advance Chemical Transport, Inc. Advance Chemical Transport, Inc. will manage, properly handle and dispose of hazardous waste generated by SVP operations, and respond to emergency events within the City and at the City's remote generation properties.

A copy of the Agreement for the Performance of Services with Advance Chemical Transports, Inc. can be viewed on the City's website and is available in the City Clerk's Office for review during normal business hours.

ADVANTAGES AND DISADVANTAGES OF ISSUE
Entering into this Agreement will ensure SVP is in compliance with state and federal regulations in relation to hauling hazardous waste. There are no known disadvantages.

ECONOMIC/FISCAL IMPACT
The Agreement shall not exceed $110,000 per year, with a total not to exceed of $330,000 over the three year term. Sufficient funds are available in the Electric Department's Maintenance account, 091-1377-87600-[I]9240-[F]55300 and, 091-1378-87600-[F]58800 for the first year of the Agreement, and the remaining years will be subject to budget appropriations.

Subject: Agreement for the Performance of Services with Advanced Chemical Transport, Inc.

RECOMMENDATION
That the Council approve, and authorize the City Manager to execute, the Agreement for the Performance of Services with Advance Chemical Transport, Inc., in the amount of $110,000 per year, with a total not exceed of $330,000 over the three year term, for hazardous waste hauling ser,ZL J-LJJv~
.f<)a..John C. Rouk6ma
Chief Electric Utility Officer
APPROVED:

Deanna
~~ J. Santana !
City Manager
Documents Related to this Report:
~~&
Certified as to Availability of Funds:
091-1 77-87600 $40,000
091 78-87600 $ 70,000
Acting Director of Finance
1) Agreement for the Performance of Services with Advanced Chemical Transport, Inc.

F:\COUNCIL\ACTI0N\GENERATION\JS.ADVANCED CHEMICAL TRANSPORT APS.CAO17-2337.D0CX EBIX Insurance No. S200003899

AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
ADVANCED CHEMICAL TRANSPORT, INC.

PREAMBLE
This agreement for the performance of services ("Agreement") is by and between Advanced Chemical Transport, Inc., a California corporation, with its principal place of business located at 1210 Elko Drive, Sunnyvale, California 94089 ("Contractor"), and the City of Santa Clara, California, a chartered California municipal corporation with its primary business address at 1500 Warburton Avenue, Santa Clara, California 95050 ("City"). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A. City desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services"; and
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, 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 PROVISIONS

1. EMPLOYMENT OF CONTRACTOR.

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

2. SERVICES TO BE PROVIDED.

Except as specified in this Agreement, Contractor shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise ( collectively referred to as "Services") to satisfactorily complete the work required by City at his/her own risk and expense. Services to be provided to City are Agreement for the Performance of Services/ ACT
Rev. 06/22/1 7

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

3. COMMENCEMENT AND COMPLETION OF SERVICES.

A. Contractor shall begin providing the services under the requirements of this Agreement upon receipt of written Notice to Proceed from City. Such notice shall be deemed to have occurred three (3) calendar days after it has been deposited in the regular United States mail. Contractor shall complete the Services within the time limits set forth in the Scope of Services or as mutually determined in writing by the Parties.

B. When City determines that Contractor has satisfactorily completed the Services, City shall give Contractor written Notice of Final Acceptance. Upon receipt of such notice, Contractor shall not incur any further costs under this Agreement.

Contractor may request this determination of completion be made when, in its opinion, the Services have been satisfactorily completed. If so requested by the contractor, City shall make this determination within fourteen ( 14) days of its receipt of such request.

4. QUALIFICATIONS OF CONTRACTOR- STANDARD OF WORKMANSHIP.

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

The plans, designs, specifications, estimates, calculations, reports and other documents furnished under Exhibit A shall be of a quality acceptable to City. The criteria for acceptance of the work provided under this Agreement shall be a product of neat appearance, well organized, that is technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by City for similar projects.

5. TERM OF AGREEMENT.

Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on three years thereafter.

6. MONITORING OF SERVICES.

City may monitor the Services performed under this Agreement to determine whether Contractor's operation conforms to City policy and to the tenns of this Agreement. City may also monitor the Services to be performed to determine whether financial operations are conducted in accord with applicable City, county, state, and federal requirements. If Agreement for the Performance of Services/ ACT
Rev. 06/22/1 7

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

7. 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.

8. PERFORMANCE OF SERVICES.

Contractor shall perform all requested services in an efficient and expeditious manner and shall work closely with and be guided by City. Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it. Contractor will perform all Services in a safe manner and in accordance with all federal, state and local operation and safety regulations.

9. BUSINESS TAX LICENSE REQUIRED.

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

10. RESPONSIBILITY OF CONTRACTOR.

Contractor shall be responsible for the professional quality, technical accuracy and coordination of the Services furnished by it under this Agreement. Neither City's review, acceptance, nor payments for any of the Services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and Contractor shall be and remain liable to City in accordance with applicable law for all damages to City caused by Contractor negligent performance of any of the Services furnished under this Agreement.

Any acceptance by City of plans, specifications, construction contract documents, reports, diagrams, maps and other material prepared by Contractor shall not in any respect absolve Contractor from the responsibility Contractor has in accordance with customary standards of good professional practice in compliance with applicable federal, state, county, and/or municipal laws, ordinances, regulations, rules and orders.

Agreement for the Performance of Services/ ACT
Rev. 06/22/1 7

11. COMPENSATION AND PAYMENT.

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

12. TERMINATION OF AGREEMENT.

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

13. NO ASSIGNMENT OR SUBCONTRACTING OF AGREEMENT.

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.

14. 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.

15. INDEPENDENT CONTRACTOR.

Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights, however, to manage its employees in their performance of Services under this Agreement. Contractor is not authorized to bind City to any contracts or other obligations.

16. NO PLEDGING OF CITY'S CREDIT.

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

Agreement for the Performance of Services/ ACT
Rev. 06/22/1 7

17. 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.

18. 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.

19. OWNERSHIP OF MATERIAL.

All material, including information developed on computer(s), which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports 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.

20. 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 three (3) 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 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.

Agreement for the Performance of Services/ACT
Rev. 06/22/17

21. CORRECTION OF SERVICES.

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

22. FAIR EMPLOYMENT.

Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, gender, sexual orientation, age, disability, religion, ethnic background, or marital status, in violation of state or federal law.

23. HOLD HARMLESS/INDEMNIFICATION.

To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and reasonable attorney's fees in providing a defense to any claim arising therefrom, for which City shall become liable arising from Contractor's negligent, reckless or wrongful acts, errors, or omissions with respect to or in any way connected with the Services performed by Contractor pursuant to this Agreement.

24. INSURANCE REQUIREMENTS.

During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City insurance policies with respect to employees and vehicles assigned to the Performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit C.

25. AMENDMENTS.

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

26. INTEGRATED DOCUMENT.

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

27. 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.

Agreement for the Performance of Services/ ACT
Rev. 06/22/17

28. 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.

29. NOTICES.

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

City of Santa Clara
Attention: Department of Electric Utility
1500 Warburton Avenue
Santa Clara, California 95050
or by facsimile at ( 408) 244-2990
And to Contractor addressed as follows:

Advanced Chemical Transport dba ACTenviro
1210 Elko Drive
Sunnyvale, CA 94089
or by facsimile at ( 408) 548-5057
If notice is sent via facsimile, a signed, hard copy of the material shall also be mailed.

The workday the facsimile was sent shall control the date notice was deemed given if there is a facsimile machine generated document on the date of transmission. A facsimile transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following Monday.

30. CAPTIONS.

The captions of the various sections, paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of interpretation.

31. LAW GOVERNING CONTRACT AND VENUE.

This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.

32. DISPUTE RESOLUTION.

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

Agreement for the Performance of Services/ACT
Rev. 06/22/17

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

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

D. For any contract dispute, mediation under this section is a condition precedent to filing an action in any court. In the event of mediation which arises out of any dispute related to this Agreement, the Parties shall each pay their respective attorney's fees, expert witness costs and cost of suit through mediation only. If mediation does not resolve the dispute, the Parties agree that the matter shall be litigated in a court oflaw, and not subject to the arbitration provisions of the Public Contracts Code.

33. COMPLIANCE WITH ETHICAL STANDARDS.

Contractor shall:

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

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

34. AFFORDABLE CARE ACT OBLIGATIONS
To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act ("Act") and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor's responsibilities under the Act.

35. LIQUIDATED DAMAGES.

Not applicable.

Agreement for the Performance of Services/ ACT
Rev. 06/22/17

36. CONFLICT OF INTERESTS.

This Agreement does not prevent either Party from entering into similar agreements with other parties. To prevent a conflict of interest, Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code Section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.

37. PROGRESS SCHEDULE.

The Progress Schedule will be as set forth in the attached Exhibit F, entitled "MILESTONE SCHEDULE" if applicable.

Agreement for the Performance of Services/ ACT
Rev. 06/22/17

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument; and, the Parties agree that signatures on this Agreement, including those transmitted by facsimile, shall be sufficient to bind the Parties.

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

APPROVED AS TO FORM:

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
fi-~~
Interim City Attorney City Manager
1500 Warburton Avenue ATTES?]Mr Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
ROD DIRIDON, JR.

City Clerk
"CITY"
ADV AN CED CHEMICAL TRANSPORT, INC.

Da;:~ __ '_/-+~-l-~__,c,-"- _ a-,1~~~orn--ia~c-o-~-po_r_•:_io_n _________ _ Name: Adam Brandin
Title: Director of Sales
Local Address: 1210 Elko Drive
Sunnyvale, CA 94089
Email Address: [email protected]
Telephone: (408) 548-5050
Fax: (408) 548-5052
"CONTRACTOR"
Agreement for the Performance of Services/ ACT
Rev. 06/22/17

' I

AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
ADVANCED CHEMICAL TRANSPORT, INC.

EXHIBIT A

SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are more fully described below and in the Contractor's proposal entitled, "Proposal# SVP 11132017NM" dated November 13, 2017, which is included with this Exhibit A.

1. Perform all work in compliance with all state and federal laws, rules and regulations, orders and codes, and all applicable Laws, Ordinances, Regulations and Standards (LORS), including but not limited to, U.S. Department of Transportation regulations, Title 49 Code of Federal Regulations (CFR), Resource Conservations and Recovery Act and regulations in Title 40 CFR Pmi 261 hazardous waste, Title 22 California Code of Regulations (CCR) for hazardous waste, Title 13 CCR California Highway Patrol and the Santa Clara Fire.Department.

2. Perform waste characterization to determine proposer disposal according to Federal and State Regulations and any applicable LORS.

3. Packaging, handling and transportation of hazardous waste and/or material in emergency and non-emergency situations.

4. Remedial and cleanup work, including containment of contaminations, testing for contamination and agency notification (if required by regulations and/or City of Santa Clara Representative). Contractor is solely responsible for any spreading or dissemination of hazardous waste and/or material caused by worker perfmmed by Contractor, including all costs associated with the spreading or dissemination. Contractor shall notify the City of Santa Clara Representative of any leak and/or spill and shall notify all agencies required under federal, state and local laws, rules and regulations within the time period required by governing regulations.

5. Complete and maintain all required manifest forms including uniform hazardous waste manifests and bills of lading necessary for the proper shipment of hazardous waste and/or materials.

6. Provide disposal of hazardous waste and cleanup materials as required.

7. Provide vacuum pump services for underground storage tank as needed for oily water separators, turbines/HRSG washwater tank, natural gas condensate tank and secondary containment vaults, manholes, or other as needed by City.

8. Recycle used lubricating oil.

9. Provide qualified personnel to assist with onsite hazardous waste management. Services to include but not limited to are as follows:
a. Obtain oil samples to determine PCB content and send to lab for analysis. b. Safely transfer oil (PCB-non-PCB) into totes/drums.
c. Label all drums/totes with appropriate Hazardous Waste labels.

Agreement with ACT/Scope of Services/Exhibit A
Rev. 06/22/17
Page I of5
d. Prepare drums/totes for shipping per DOT rules and regulations. e. Coordinate the loading of oil totes and recycles equipment onto trucks. f. Keep 90 day Hazardous Waste Area clean and orderly.
g. Sign weekly inspection form.
h. Sign Hazardous Waste manifests and keep accurate records.

Agreement with ACT/Scope of Services/Exhibit A
Rev. 06/22/17

enz:iron,nental services
DATE: 11/13/2017
Diana Shiles
Silicon Valley Power
881 Martin Avenue
Santa Clara, CA 95050
Dear Ms. Shiles:

SVP 111320 I 7NM
ACT is pleased to submit this proposal to contract services for your review and approval. ACT will provide requested environmental services including one or more of the following: consulting services, chemical relocations, chemical waste packaging, biological waste packaging, radioactive waste packaging, transportation, and disposal of packaged waste. An estimated cost for services appears below. Modifications to the pricing estimate, or additions to the scope of work which require pricing changes, will be included (as needed) in the form of an addendum titled Revised Pricing Schedule.

Prices will go into effect as soon as September 18, 2017 and good through (6) months from this date. If contract is awarded to ACT, price sheet below is good for the duration of the (3) year contract .

DESCRIP1'"JON: .. ,. . HOURLY HOURS OVERTIME CHARGE. • .. · . ) •·
Onsite Technician $55.00 Hour $ 83.00
LABOR RATES* Chemist $ 67.00 Hour $ 101.00
Tanker Driver (Includes Tanker Truck) $ 95.00 Hour $ 143.00 Consulting Services $ 95.00 Hour $ N/A
Manifest $ N/C Each
Profile Fee $ N/C Each
Per Diem $ 125.00 Per Overnight
Stay
*All labor portal to portal from Sunnyvale, CA Headquarters *Minimum billing hours for onsite service is 2 hours
TRANSPORTATION* 5-20 Gallon
T 408.548.5050
F 408.548.5052
30-55 Gallon drum
275 Gallon Totes
1210 Elko Dr., Sunnyvale CA, 94089
v,1ww.adv1:incodchernical.m:1t
$ 20.00
$ 33.00
$100.00
Each
Each
Each

CUSTOMER INITIALS -

MATERIALS

ENERGY,

INSURANCE&
RECOVERY FEE*

DESCRIPTION
PPE
5 Gallon closed top poly carboy
5 Gallon open top poly drum
30 Gallon open top
55 Gallon Poly closed top drum
55 Gallon Poly Open top drum
55 Gallon Metal closed top drum
55 Gallon Metal Open top drum
pH Strips
Spilfyters
VOC Sampling (82608)
Cam 17 Sampling
Decontamination Supplies
Pogo Pump
Expendable Material/New
Costs/Outside Services
Stabilization Kit

DESCRIPTION
Total price does not include applicable sales
tax and 8% Fuel and Energy surcharge
Scope of work will be:

UNIT COST QUANTITY
$ 8.00 Each
$ 16.00 Each
$ 18.00 Each
$ 55.00 Each
$ 55.00 Each
$ 58.00 Each
$ 52.00 Each
$ 55.00 Each
$ 1.00 Each
$ 9.00 Each
$225.00 Each
$350.00 Each
$100.00 Per Project
$50.00 Per Project
$TBD Per Project
$200.00 Per Project
Transportation and Disposal of drums of waste in the standard box truck. Perform onsite services 1-2 times per week or on an as needed basis for the Santa Clara locations listed below and on an as needed basis for the remote properties listed below.

Disposal prices are estimates based on profile/waste program acceptance and the specified waste disposal programs. In the event, waste material is not accepted to the disposal site waste program specified, another profile will be submitted to a different program.

T 408.548.5050
F 408.548.5052
1210 Elko Dr., Sunnyvale CA, 94089
www.ndvnnc0dchornical,n0,t CUSTOMER INITIALS -

c11r;fro1n11e,1ta! .veroices
Additionally, ACT can and will create general emergency response plans that outlines the procedures to follow when an unexpected spill/hazard occurs. The general emergency response plans will be for the following locations:

I. 1705 Martin Avenue, Santa Clara, CA 95050

2. 805 Duane Avenue, Santa Clara, CA 9505

3. Stony Gorge Power House - 2550 Co Road, 306, Elk Creek, CA 95939

4. Black Butte Power House - near Black Butte Reservoir, Newville Road, Orland, CA

5. High Line Canal - near Newville Road cemetery, Orland CA, 95316 If the City request a more detailed, comprehensive emergency response plan for each location, ACT may provide those services at the hourly rate for consulting services.

ACT emergency response times for the two (2) Santa Clara locations listed above isapproximately 2 hours or less, and approximately 6 hours for the three (3) remote properties listed above.

Times will vary depending on various factors such as time of day, traffic, etc.

ACT appreciates your confidence in our abilities. Should you have any questions or if we can be of further service, please do not hesitate to contact us.

Sincerely,
Nieoeo n. Marti11oz
Account Manager
ACTenviro
T 408.548.5050
F 408.548.5052
1210 Elko Dr., Sunnyvale CA, 94089
\flV-Pvv.advnncodc:hornical.not CUSTOMER INITIALS -

AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
ADVANCED CHEMICAL TRANSPORT, INC.

EXHIBITB

FEE SCHEDULE
Contractor shall provide a schedule of rates and fees which includes all billing amounts and costs included in Exhibit A - Scope of Services.

In no event shall the amount billed to City by Contractor for services under this Agreement exceed one hundred twenty thousand dollars ($110,000) per year, with a total not exceed of three hundred sixty thousand dollars ($330,000) over three year term, subject to budget appropriations.

Agreement with ACT/Fee Schedule/Exhibit B
Rev. 06/22/17

AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
ADVANCED CHEMICAL TRANSPORT, INC.

EXHIBITC

INSURANCE REQUIREMENTS

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

A. COMMERCIAL GENERAL LIABILITY INSURANCE

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

2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.

3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf'' basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and
c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.

Agreement with ACT/Insurance Requirements/Exhibit C
Rev. 06/22/1 7
Page I of 4
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned, non-owned and hired autos.

In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of two million dollars ($2,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.

C. WORKERS' COMPENSATION

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

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

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

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

1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85 or the combination of CG 20 10 03 97 and CG 20 3 7 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 Agreement with ACT/Insurance Requirements/Exhibit C
Rev. 06/22/17

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 nonpayment 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 nonrenewal. b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non-renewal.

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

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

1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement.

Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.

2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

Agreement with ACT/Insurance Requirements/Exhibit C
Rev. 06/22/17

3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.

F. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor ( of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.

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

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

EBIX Inc.

City of Santa Clara - Department of Electric Utility
P.O. Box 100085 - S2 or 1 Ebix Way
Duluth, GA 30096 John's Creek, GA 30097
Telephone number:

Fax number:

Email address:

H. QUALIFYING INSURERS
951-766-2280
770-325-0409
[email protected]
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.

Agreement with ACT/Insurance Requirements/Exhibit C
Rev. 06/22/17

AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
ADV AN CED CHEMICAL TRANSPORT, INC.

EXHIBITD

ETHICAL STANDARDS FOR CONTRACTORS SEEKING TO ENTER INTO AN

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

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

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

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

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

Agreement with ACT/Ethical Standards for Contractors/Exhibit D Rev. 06/22/17

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

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

1. The City determines that Contractor no longer has the financial capability4 or business experience5 to perform the terms of, or operate under, this Agreement; or,

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

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

The Contractor shall have the opportunity to present evidence, both oral and documentary, and argument.
4 Contractor becomes insolvent, transfers assets in fraud of creditors, makes an assignment for the benefit of creditors, files a petition under any section or chapter of the federal Bankruptcy Code (11 U.S.C.), as amended, or under any similar law or statute of the United States or any state thereof, is adjudged bankrupt or insolvent in proceedings under such laws, or a receiver or trustee is appointed for all or substantially all of the assets of Contractor.

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

Agreement with ACT/Ethical Standards for Contractors/Exhibit D Rev. 06/22/1 7

AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
ADVANCED CHEMICAL TRANSPORT, INC.

EXHIBITE

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

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

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

ADV AN CED CH -U<LO.'-'.,,..L T RT, .
al:~, o -~
By: --::-c--'t:::7"'----::--------:--:--------:----------,---- S i g n a ure of Authorized Person or Representative
Name: -~Ao~~---"---(j_-"2.._4_,_/1-'0----'--l_,v/______ _ Title:

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

Agreement with ACT/Affidavit of Compliance/Exhibit E
Rev. 06/22/17
Page I of2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California /'r I
County of ~ vW\ CA0V7'\ )
On I I /i ii' /i ;Jr before me, N?I VI?:"{ C, · l-Ope2- 1 N~ /'l, b/, C,- r bate I\ ~l v-t'e;e Insert Name and Title of theOfcer
personally appeared '--\O'lvl vY\ 1 I Yt,t Vl cltY)
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. '@ ....... NAN1 ·1_,. i l
:; Not:·"Y l'ul1l1c l.,ilifornia z
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Commission # 2216555
My Comm. Expires Oct 1, 2021
Place Notary Sea/ Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
---------------OPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: -------------------=""""'----------- Document Date: ----------------- ----:,,,...c:-
Signer(s) Other Than Named Above: ----------:::-,,.L::.--------- ------- Capacity(ies) Claimed by Signer(s)
Signer's Name:--------~---- Signer's Name: ____________ _ □ Corporate Officer - Title(s): ----:::,,-------- D Corporate Officer - Title(s): ______ _ □ Partner - D Limited g_G· neral
D Individual D Att<;>(fley in Fact
D Trustee □ Guardian or Conservator
D Partner - D Limited D General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other: __________ ___ _ D Other: _________ ____ _
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Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Not applicable.

AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
ADV AN CED CHEMICAL TRANSPORT, INC.

EXHIBITF

MILESTONE SCHEDULE
Agreement with ACT/Milestone Schedule/Exhibit F
Rev. 06/22/17

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
20-564 Agenda Date: 6/23/2020

REPORT TO COUNCIL

SUBJECT
Action on Various Operating Contracts for Silicon Valley Power [Council Pillar: Deliver and Enhance High Quality Efficient Services and Infrastructure]

BACKGROUND
To meet its mission and goals, City of Santa Clara’s Electric Department, Silicon Valley Power (SVP), requires specialized services for a variety of services including:
· Hazardous waste disposal and related services - currently performed by Advanced Chemical Transport, Inc. (ACT)
· Maintenance and repair of underground 12kV distribution and low voltage lighting system to ensure functional integrity of underground distribution and low voltage lighting substructures - currently performed by Daleo, Inc. (Daleo)
· General safety valve inspection, testing and recertification at SVP Generation facilities - currently provided by Bay Valve Service and Engineering, LLC (Bay Valve) · SVP System Operator training services - currently performed by SOS Intl, LLC (SOS) and required to comply with North American Electric Reliability Corporation (NERC) and the Western Electricity Coordination Council (WECC) Reliability Standards for electric transmission operations
· Extend support services for Storage Area Network (SAN) with Dasher Technologies, Inc. (Dasher)

DISCUSSION
Hazardous Waste Services
In 2017, a Request for Proposals (RFP) was issued for these services and an agreement was awarded to ACT. ACT performs a variety of services associated with hazardous waste management including: testing, disposal, remedial and clean-up work, as well as management of required documentation and creation of emergency plans. Services are provided at SVP locations in the City of Santa Clara as well as at SVP’s remote sites. Staff recommends extending this agreement for two additional years ending on December 31, 2022. The extension pricing is reasonable as the vendor’s original 2017 RFP rates are being maintained with two new services (and associated) rates added.

The additional funding is for additional maintenance and, specifically, for one-time clean-up activities of stockpiles of obsolete electrical equipment that was not anticipated as part of the original contract.

Much of this equipment was obsolete equipment located at various substations that has been replaced and upgraded. This work was not anticipated at the time of the RFP. To complete these one -time needs and ensure funding for operating projects over the next two years, staff recommends increasing funding in the amount of $770,000 from $330,000 to $1,100,000. A new RFP will be developed for any future services.

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20-564 Agenda Date: 6/23/2020
Maintenance and Repair of underground 12KV distribution and low voltage lighting SVP’s underground 12kV distribution and low voltage lighting substructures require maintenance and repair due to age, damage, or alterations in the landscaping surrounding underground substructures.

Substructures include underground conduits, cable & wire, vaults and junction boxes. In 2015, an RFP was issued for these services and an agreement was awarded to Daleo. Increases in development projects, and the required investigation for design and construction work associated with the development, have resulted in identification of unanticipated repairs to older substructures and conduit banks. It was not possible to identify those items during the RFP process as the investigations were completed as part of development projects that occurred after contract award. It is important to note that the repairs aren’t caused by the development but are identified as a result of activities in existing substructures as new development is being connected to existing facilities. The current agreement ends on November 16, 2020 and staff is developing an RFP for these services that is anticipated to be released in the summer. Staff recommends increasing funding in the amount of $200,000 to support these additional services through the end of the contract term. The additional work will be completed under the existing contract rates.

General safety valve inspection, testing and recertification at SVP Generation facilities SVP operates three gas fired power generation facilities within the city limits: the Donald Von Raesfeld Power Plant (DVR), Cogeneration Plant, and Gianera Generating Station. In 2018, after an RFP process, Bay Valve was awarded a three-year contract in the amount of $135,000 to provide Safety and Pressure Relief Valve inspection and testing for SVP power plants. Inspection and testing services are based on ASME Code requirements. The extension pricing is reasonable as the vendor’s original RFP rates are being maintained. The additional funding is associated with identification of additional valves requiring maintenance. As presented to the Council during the December 2019 SVP quarterly report, staff has been completing a significant amount of deferred maintenance work and being more proactive on activities associated with power plants, specifically DVR. The additional work that is being considered with this amendment was not anticipated as part of the original RFP, as this work was identified as part of the recent large major maintenance for the DVR project, and additional proactive work being documented and performed. Further deferred maintenance could cause significant plant reliability issues. Staff recommends adding $100,000 to this agreement, increasing from $135,000 to $235,000 and extending the term for two additional years. A new RFP will be developed for work beyond this extension.

System Operator Training Services
SVP’s current training program was designed by SOS to comply with North American Electric Reliability Corporation (NERC) and the Western Electricity Coordinating Council (WECC) Reliability Standards. As such, the services have been sole sourced. The program has transitioned from a task -based approach to a focus on concepts, critical thinking, and decision making with task-based training layered in where appropriate. The year following the implementation of the program, SVP was audited by NERC. The audit team commended SVP on the comprehensive structure of the Operator Training Program and recommended that SVP continue to fully develop the program. The recommended contract extension is for one year ending on June 30, 2021. During that year, staff will issue a Request for Proposals (RFP) to consider alternate solutions. This will provide time to complete existing projects, ensure the RFP considers the factors that have made the current program successful, and allow transition time if a new vendor is selected through the RFP process. Staff recommends increasing this contract from $88,800 for an eighteen-month period to $160,850 for a two-and-one-half year period ending June 30, 2021. The extension is reasonable as the vendor City of Santa Clara Page 2 of 4 Printed on 8/10/2020
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20-564 Agenda Date: 6/23/2020
rates have remain the same, however staff recommends adding additional hours to the agreement to ensure current projects are completed during the next fiscal year as staff anticipates issuing an RFP in summer or fall of this calendar year for future services.

Support for Storage Area Network
A reliable and robust SAN is a critical technological component to running a dependable utility. SVP relies on this equipment within the technology portfolio for tasks ranging from team collaboration through regulated Operational Awareness. During the current support period, Dasher has proven their commitment to support SVP’s needs with respect to uptime and reliability of this equipment during the current support period. This extension of the current service through June 30, 2021 allows for continued support while an RFP is processed for longer-term coverage. This RFP is in final development and is anticipated to be issued before June 30, 2020. The current cost of the service is $185,000 annually. The cost of this extension is anticipated not to exceed $200,000. The extension is reasonable as the annual cost is not increasing, however an additional $15,000 is being added as contingency for any unexpected services.

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)(4) in that it is a fiscal activity that does not involve commitment to a specific project which may result in potential significant impact on the environment.

FISCAL IMPACT
The cost of these proposed agreements are as follows:

Hazardous Waste Services (ACT): Staff recommends increasing this contract from $330,000 for a three-year period to $1,100,000 for a five-year period ending December 31, 2022.

Maintenance and Repair of underground 12KV distribution and low voltage lighting (Daleo): Staff recommends increasing this contract from $650,000 to $850,000 for a five-year period ending November 17, 2020.

General safety valve inspection, repair, testing and recertification (Bay Valve): Staff recommends increasing this contract from $135,000 for a three-year period to $235,000 for a five-year period.

System Operator Training Services (SOS): Staff recommends increasing this contract from $88,800 for an eighteen-month period to $160,850 for a two-and-one-half-year period ending June 30, 2021.

SAN Support (Dasher): Staff recommends extending the current Purchase Order through June 30, 2021 with an estimated cost not to exceed $200,000.

Sufficient funds are available in the Electric Department’s Proposed Budget for Fiscal Year 2020/21 for each respective agreement, listed as follows:
· ACT: Utility Operations - Generation and Business Services - Electric Compliance programs · Daleo: Utility Operations - Transmission and Distribution program · Bay Valve: Utility Operations - Generation and Business Services program City of Santa Clara Page 3 of 4 Printed on 8/10/2020
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20-564 Agenda Date: 6/23/2020
· SOS: Utility Operations - Power Systems Controls program · Dasher: Capital Improvement Program Network and Cyber Security Infrastructure project (No. 2390)
Funds required for these agreements in future years will be included in proposed budgets for corresponding years, if needed.

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]>.

RECOMMENDATION

1. Authorize the City Manager to execute Amendment No. 1 to the Agreement for Performance of Services with Advanced Chemical Transport, Inc.;

2. Authorize the City Manager to execute Amendment No. 1 to the Agreement for Performance of Services with Daleo, Inc.;

3. Authorize the City Manager to execute Amendment No. 1 to the Agreement for Performance of Services with Bay Valve Service and Engineering, LLC;

4. Authorize the City Manager to execute Amendment No. 2 to the Agreement for Services with SOS, Intl, LLC;

5. Authorize the City Manager to extend service with Dasher Technology, Inc. for Storage Area Network support; and

6. Authorize the City Manager to add or delete services consistent with the scope of the agreements and allow future rate adjustments subject to request and justification by contractor or consultant and approval by the City, subject to the appropriation of funds.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Deanna J. Santana, City Manager

ATTACHMENTS

1. Original Agreement and Council Report - Advanced Chemical Transport, Inc.

2. Amendment No.1 with Advanced Chemical Transport, Inc.

3. Original Agreement and Council Report - Daleo, Inc.

4. Amendment No.1 with Daleo, Inc.

5. Original Agreement- Bay Valve Service and Engineering, LLC

6. Amendment No 1 with Bay Valve, LLC

7. Original Agreement and Amendment No. 1 - SOS Intl, LLC

8. Amendment No 2 with SOS, Intl, LLC
City of Santa Clara Page 4 of 4 Printed on 8/10/2020
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Ebix Insurance No. S200000417
AMENDMENT NO. 1

TO THE AGREEMENT FOR THE PERFORMANCE OF SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
ADVANCED CHEMICAL TRANSPORT, INC. (ACT)

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

RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for the Performance of Services by and between the City of Santa Clara, California and Advanced Chemical Transport, Inc. dated on or about January 25, 2018 (Agreement);
B. The Agreement and its amendments are collectively referred to herein as the "Agreement as Amended"; and
C. The Parties entered into the Agreement as Amended for the purpose of having Contractor provide hazardous waste services, and the Parties now wish to amend the Agreement as Amended to extend the term and not to exceed value of the Agreement.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 5 of the Agreement as Amended, entitled "Term of Agreement" is amended to read as follows: Unless otherwise set forth in the Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on December 31, 2022.

2. Compensation: The amount billed to City by Contractor for services under this Agreement as Amended will not exceed one million one hundred thousand dollars ($1,100,000) unless this agreement is amended. Contractor shall notify the City 60 days in advance of any changes anticipated to affect future rates. Al Amendment No. 1 to Agreement/ ACT Environmental
Rev. 0412020

such time, Contractor and City may enter into negotiations to amend this agreement to reflect proposed updated rates.

3. Proposal Dated 11/13/2017 shall be deleted and replaced with the attached Exhibit B, Schedule of Fees.

4. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.

The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.

Approved as to Form:

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated: (0 I i,1 \ l (}l,,l)
C-~ \~ tl\l~ '\,,,J~\(l_
BRIAN DOYLE ef EANN¥:)J. SANTANA
City Attorney
"CITY"
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
ADVANCED CHEMICAL TRANSPORT, INC.
a California corporation
Dated: 4/27/2020
By (Signature): :S~ :S. f3cdt
Name: Shawn S. Ball
Title: VP of Sales
Principal Place of
Business Address: San Jose - --------- --------
Em a i I Address: [email protected]
Telephone: (949)607-6379
Fax: ____.__,__ _ _ ______ _____ __ _ "CONTRACTOR"
Amendment No. 2 to Agreement/ Advanced Chemical Transport Rev. 04/2020
Page2
e1111iro11111a11tal sar11lces
DATE: 04/27/2020
Diana Shiles
Silicon Valley Power
881 Martin Avenue
Santa Clara, CA 95050
Dear Ms. Shiles:

Exhibit B
Schedule of Fees
.flll.01JOSA~# I SVP 04272020NM
ACT is pleased to submit this proposal to contract services for your review and approval. ACT will provide requested environmental services including one or more of the following: consulting services, chemical relocations, chemical waste packaging, biological waste packaging, radioactive waste packaging, transportation, and disposal of packaged waste. An estimated cost for services appears below. Modifications to the pricing estimate, or additions to the scope of work which require pricing changes, will be included (as needed) in the form of an addendum titled Revised Pricing Schedule.

Prices will go into effect as soon as April 27/2020 and good through ( 12) months from this date.

LABOR RATES*
TRANSPORTATION*
T 408.548.5050
F 408.548.5052
HOURLY

DESCRIPTION CHARGE
Onsite Technician $55.00
Chemist $ 67.00
Hazardous waste endorsed Driver $ 67.00
Tanker Driver (Includes Tanker Truck) $ 95.00
Project Manager $ 125.00
Project Lead Emergency Response $ 210.00
Emergency Response (Team of 2) $ 300.00
Manifest $ 30,00
Proflie Fee $ N/C
Per Diem $ 125.00
*All labor portal to portal from San Jose, CA. Headquarters *Minimum billing hours for onsite service is 2 hours

DESCRIPTION
5-20 Gallon
1210 Elko Dr., Sunnyvale CA, 94089
www.adva ncedchemical.net

PER DRUM
CHARGE
$ 20.00
HOURS
Hour
Hour
Hour
Hour
Hour
Hour
Hour
Each
Each
Per Overnight
Stay
UOM
Each

OVERTIME
$83.00
$ 101.00
$ 101.00
$ 143.00
$ 188,00
I
e1111fro11111e11ta/ ser11/ces

MATERIALS

ENERGY,

INSURANCE&
RECOVERY FEE*
30-55 Gallon drum
275 Gallon Totes

DESCRIPTION
PPE
5 Ga llon closed top poly carboy
5 Gallon open top poly drum
30 Gallon open top
SS Gallon Po ly closed top drum
55 Gallon Poly Open top drum
55 Gallon Metal closed top drum
55 Gallon Metal Open top drum
Gear Truck
pH Strips
Spllfyte rs
voe Sam pling (8260B)
Cam 17 Sampling
Decontamination Supplies
Pogo Pump
Expendable Material/New
Costs/Outside Services
Stabilization Kit

DESCRIPTION
Total price does not Include applicable sales
rax and 8% Fuel and Energy surcharge
Scope of work will be:

I $ 33.oo I Each
I $ 100.00 I Each

UNIT COST Q UANTITY
$ 8.00 Each
$ 16.00 Each
$ 18.00 Each
$ 55.00 Each
$ 55.00 Each
$ 58.00 Each
$ 52.00 Each
$ 55.00 Each
$ 125.00 Each
$ 1.00 Each
$ 9.00 Each
$225.00 Each
$350.00 Each
$100.00 Per Project
$50.00 Per Project
$TBD Per Project
$200.00 Per Project
Transportation and Disposal of drums of waste in the standard box truck. Periorm onsite services 1-2 times per week or on an as needed basis.

Disposal prices are estimates based on profile/waste program acceptance and the specified waste disposal programs. In the event, waste material is not accepted to the disposal site waste program specified, another profile will be submitted to a different program.

T 408.548.5050
F 408.548.5052
1210 Elko Dr., Sunnyvale CA, 94089
www.advancedchemical.net
etwlrrm111e11tal ser11ices
Upon acceptance of this, the parties agree to be bound by the terms of the attached Service Agreement. The parties understand that the terms of this agreement and the terms of the Service Agreement make up the entire contract of the parties.

Additionally, ACT can and will create a emergency response plan in the event that a situation is to occur. This plan will include a location specific itemized listing as well as a generic plan for the on call team to follow. All Silicon Valley Power electrical stations inclusive, but not limited to the list below will be managed.

I. 1705 Martin Avenue, Santa Clara, CA. 95050

2. 850 Duane Avenue, Santa Clara, CA. 95050

3. Gianera Power Plant-2339 Gianera Avenue, Santa Clara, CA. 95050

4. Cogen Power Plant-524 Robert Avenue, Santa Clara, CA. 95054

5. DVR Gas Compressor Building-850 Duane Avenue, Santa Clara, CA. 95050

6. Stony Gorge Power House - 2550 Co Road, 306, Elk Creek, CA 95939

7. Black Butte Power House - near Black Butte Reservoir, Newville Road, Orland, CA.

8. High Line Canal - near cemetery, Orland, CA. 95316

9. Fie ld Respsonse to anywhere in the Silicon Valley Power service territory If the City requests a more detailed, comprehensive emergency response plan for each location, ACT may provide those services at the hourly rate for consulting services.

ACT emergency response times for the Santa Clara location will be approximately 2 hours or less, and the Orland and Willows locations will be approximately 6 hours or less depending on various factors, time of day, traffic, etc.

ACT appreciates your confidence in our abilities. Should you have any questions or if we can be of further service, please do not hesitate to contact us.

Sincerely,
Nicol!e n. Mttrti11az, MBA
Account Manager
ACTenviro
T 408.548.5050
F 408.548.5052
1210 Elko Dr., Sunnyvale CA, 94089
www.advancedchemical.net
Ebix Insurance No. S200003899
AMENDMENT NO. 2

TO THE AGREEMENT FOR THE PERFORMANCE OF SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
ADVANCED CHEMICAL TRANSPORT, INC. (ACT)

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

RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for the Performance of Services by and between the City of Santa Clara, California and Advanced Chemical Transport, Inc. dated on or about January 25, 2018 (Agreement);
B. The Agreement was previously amended by Amendment No. 1, dated October 21, 2020, and is again amended by this Amendment No. 2; C. The Agreement and all previous amendments are collectively referred to herein as the "Agreement as Amended"; and
D. The Parties entered into the Agreement as Amended for the purpose of having Contractor provide hazardous waste services, and the Parties now wish to amend the Agreement as Amended to increase the maximum compensation.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 2 of the Amendment No.1 is hereby amended as follows:
"Compensation: The amount to billed to City by Contractor for services under this Agreement will not exceed one million four hundred thousand dollars ($1,400,000) during the Agreement term, subject to budget appropriations. Contractor shall notify the City 60 days in advance of any changes anticipated to affect future rates. At such time, Contractor and City may enter into negotiations to amend the agreement to reflect proposed updated rates."
Amendment No. 1 to Agreement/ ACT Environmental
Rev. 04/2020

2. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 2, the provisions of this Amendment No. 2 shall control.

The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the following signatures of their duly authorized representatives.

Approved as to Form:

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated: J/ I &
,
/ 'l-7--
dJll.d~NJ~
Office of the City Attorney \ __:::Raje~vTaira " 1 City Manager "CITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
ADVANCED CHEMICAL TRANSPORT, INC.
a California corporation
"CONTRACTOR"
Amendment No. 2 to Agreement/ Advanced Chemical Transport Rev. 10/25/19

Ebix Insurance No. S200003899
AMENDMENT NO. 3

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
ADVANCED CHEMICAL TRANSPORT, INC. (ACT)

PREAMBLE
This agreement ("Amendment No. 3") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Advanced Chemical Transport, Inc., a California Corporation (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for the Performance of Services by and between the City of Santa Clara, California and Advanced Chemical Transport, Inc." ("Agreement") dated on or about January 25, 2018 for the purpose of having Contractor provide hazardous waste services; and
B. The Agreement was previously amended by Amendment No. 1, dated October 21, 2020 and by Amendment No. 2 dated July 18, 2022. The Agreement and all previous amendments are collectively referred to herein as the "Agreement as Amended"; and
C. The Parties now wish to amend the Agreement as Amended to extend the Agreement term and increase the maximum compensation.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 5 of the Agreement, entitled "Term of Agreement", is amended to read as follows: "Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on June 30, 2023. The Parties agree that this Agreement did not expire on the previous expiration date of December 31, 2022, and it remains valid through the new expiration date set forth in this Amendment No. 3"

2. Section 37 of the Agreement, entitled "Progress Schedule", is hereby amended in its entirety to read as follows:

Amendment No. 3 to Agreement/Advanced Chemical Transport Rev. 10/25/2019
1 of 11
"Prevailing Wage
Contractor shall comply with the prevailing wage and labor compliance provisions of Exhibit F."

3. Exhibit B of the Agreement is amended and replaced with Exhibit B - Fee Schedule of Fees - Effective January 1, 2023 which is attached hereto and incorporated into the Agreement as Amended by reference.

4. Exhibit F - Milestone Schedule is deleted and replaced with Exhibit F - Labor Compliance which is attached hereto and incorporated into the Agreement as Amended by reference. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 3, the provisions of this Amendment No. 3 shall control.
[SIGNATURES ON FOLLOWING PAGE]
Amendment No. 3 to Agreement/Advanced Chemical Transport Rev. 10125/2019
2 of 11
The Parties acknowledge and accept the terms and conditions of this Amendment No. 3 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:

JJaf!iet Cat/111 Daniel Ballin (Jan 9, 2023 11:47 PST)
Office of the City Attorney
City of Santa Clara
"CITY"
ev Batra
Ci Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
ADVANCED CHEMICAL TRANSPORT, INC.
a California corporation
Dated: ___ ____J~!l.,.--J--=------ ---
B y (Signature): ----,h.,~~-~--+--- -----
Name: --------..AJ~~~~~~~~==---- - Title: ------=~ ...L.,_--=--....e...._---==----=-- ------- Principal Place of Business Address: _(,__to_ b_e_fi_lle_d_ in_b_.y,_C~ ity,_st_a_ff)_,__ ______ _ Email Address: /??M~ 4C.f~v-"vu. t::u~
Telephone: _,(.__._) _____,_FD.::........::.. :/-_ ... ___: '7_e;_f0_,----=2=3'---l (;___ ____ _ Fax: ------'----_L_ _______________ _
"CONTRACTOR"
Amendment No. 3 to Agreement/Advanced Chemical Transport Rev. 10/25/2019
3 of 11

EXHIBIT B
FEE SCHEDULE-EFFECTIVE JANUARY 1, 2023
Contractor shall provide services at the rates and fees set forth in the attached Exhibits B1, B2, and B3. Rates shall be based on the dale service is provided:

In no event shall the amount billed to City by Contractor for services under this Agreement exceed one million eight hundred thousand dollars ($1,800,000) during the Agreement term, subject to budget appropriations.

Amendment No. 3 to Agreement/Advanced Chemical Transport Rev. 10/2512019
4 of 11
Exhibit 8-1 - Rates 11/25/2018 throuah 4/26/2020
Standard Hourly Rate Overtime Hourly Rate
11/25/2018 • 4/26/2020 11/25/2018 • 4/26/2020
Onsite Technician $ 55.00
Chemist $ 67.00
Tanker Driver (Including Tanker Truck) $ 95.00
Consultina Services $ 95.00 N/A
Manifest No Charge
Profile Fee No Charge
Per Diem $125 per overnight stay
Labor is portal to portal from Sunnyvale headquarters
Minimum billing hours for on-site is 2 hours
Transportation
Description
5-20 Gallon
30-55 Gallon drum
275 Gallon Totes
Materials.

Description
PPE
5 Gallon closed top poly carboy
5 Gallon open top poly drum
30 Gallon open top
55 Gallon poly closed top drum
55 Gallon polv open top drum
55 Gallon metal closed top drum
55 Gallon metal open top drum
oH Strips
Spilfyters
voe Sampling (8206 B)
Cam 17 Sampling
Decontamination Supplies
Pogo Pump
Expendable Material / New Costs / Outside Services
Stabilization Kit
Fuel and Enerav Surcharqe
Amendment No. 3 to Agreement/Advanced Chemical Transport Rev. 10/25/2019
Unit Cost
Quoted
Per Drum Charge
$ 20.00
$ 33.00
$ 100.00
Unit of Measure
$8.00 Each
$ 16.00 Each
$ 18.00 Each
$ 55.00 Each
$ 55.00 Each
$ 58.00 Each
$ 52.00 Each
$ 55.00 Each
$1.00 Each
$ 9.00 Each
$ 225.00 Each
$ 350.00 Each
$ 100.00 Per Project
$ 50.00 Per Project
Per Project
$ 200.00 Per Project
8% of invoice total
$ 83.00
$101.00
$143.00
5 of 11
Exhibit B-2 - Rates 4/27/2020 throunh 12/31/2022
Standard Hourly Rate Overtime Hourly Rate
4/27/2020 · 12/31/2022 4/27/2020 • 12/31/2022
Onsite Technician $ 55.00
Chemist $ 67.00
Hazardous Waste Endorsed Driver $ 67.00
Tanker Driver /Including Tanker Truck) $ 95.00
Project Manager $ 125.00
Project Lead Emergency Response $ 210.00
Emergency Response (Team of 2) $ 300.00
Manifest $ 30.00
Profile Fee No Charge
Per Diem $125 per overnight stay
Labor is portal to portal from San Jose headquarters
Minimum billing hours for on-site is 2 hours
Transnortation
Description
5-20 Gallon
30-55 Gallon drum
275 Gallon Totes
Materials.

Description
PPE
5 Gallon closed top poly carboy
5 Gallon open top poly drum
30 Gallon open ton
55 Gallon poly closed top drum
55 Gallon poly open top drum
55 Gallon metal closed top drum
55 Gallon metal open top drum
Gear Truck
pH Strips
Spilfyters
voe Samoling (8206 B)
Cam 17 Sampling
Decontamination Supplies
Pogo Pump
Expendable Material / New Costs I Outside Services
Stabilization Kit
Fuel and Energy Surcharge
Amendment No. 3 to Agreement/Advanced Chemical Transport Rev. 10/25/2019
Unit Cost
Quoted
Per Drum Charge
$ 20.00
$ 33.00
$ 100.00
Unit of Measure
$ 8.00 Each
$16.00 Each
$ 18.00 Each
$ 55.00 Each
$ 55.00 Each
$ 58.00 Each
$ 52.00 Each
$ 55.00 Each
$125.00
$1.00 Each
$ 9.00 Each
$ 225.00 Each
$ 350.00 Each
$ 100.00 Per Project
$ 50.00 Per Project
Per Project
$ 200.00 Per Project
8% of invoice total
$ 83.00
$101.00
$101.00
$ 143.00
$ 188.00
6 of 11
Exhibit B-3 - Rates 1/1/2023 throuah 6/30/2023
Standard Hourly Rate Overtime Hourly Weekend/Holiday
Rate Hourly Rate
1/1/2023 · 6/30/2023 1/1/2023 · 6/30/2023 1/1/2023 · 6/30/2023 Onsite Technician I Prevailing Wage $ 85.00 $110.00
Project Manager $ 81.00 $125.00
Chemist I Prevailing Wage $ 85.00 $110.00
Site Safety Officer $111.00 $130.00
Professional / Consultino Services $125.00 per hour
Tanker Driver71ncluding Tanker TruckTT Prevailing Wage $ 96.00 $123.00 Hazardous Waste Endorsed Driver- Prevailing Wage $ 95.00 $122.00 Onsite personnel !Includes nrevailing wage $ 85.00 $110.00 Project Lead Emergency Resnonse $ 86.00 $110.00
Emeroencv Response iT earn of 2) $ 175.00 $220.00
Labor is portal to portal from San Jose headquarters
Minimum billing hours for on-site is 2 hours
Other Fees
Description
Manifest
Profile
Per Diem
Environmental Surcharge
Disnosal
Description
Bulk Oil
Oil <10% water
Bulk Oily water
Oily Debris
Aerosols
Glycol
Oily Water
PCB Transformers 0-5 PPM
PCB Transformers 5-49 PPM
Transnortation
Description
5-20 Gallon
30-55 Gallon drum
275 Gallon Totes
Gear Truck
Amendment No. 3 to Agreement/Advanced Chemical Transport Rev. 10/25/2019
Standard Rate
$ 35.00
No Charge
$ 125.00
12% of total invoice
Standard Rate
$ 0.25 per Gallon
$ 85.00 per 55 Gallon Drum
$ 1.50 per Gallon
$ 76.00 per 55 Gallon Drum
$168.00 per 55 Gallon Drum
$ 95.00 per 55 Gallon Drum
$ 95.00 per 55 Gallon Drum
$0.85 per Pound
$1.60 per Pound
Per Drum Charge
$ 21.00
$ 38.00
$ 150.00
$ 125.00
$ 134.00
$145.00
$ 134.00
$150.00
$145.00
$ 122.00
$ 134.00
$ 135.00
$ 268.00
7 of 11
Exhibit B-3 - Rates 1/1/2023 throuah 6/30/2023
Material
Description Unit Cost I Quantity
PPE-Level D $13.00
5 Gallon closed top polv carboy $17.00
5 Gallon onen ton noly drum $20.00
30 Gallon open top poly drum - Recon $57.00
55 Gallon polv closed top drum - Recon $35.00
55 Gallon polv open ton drum - Recon $47.00
55 Gallon metal closed ton drum - Recon $58.00
55 Gallon metal onen ton drum - Recon $92.00
Parts washer solution-Assumes water based-55 Gallons $325.00 Weekly onsite services su~~ues $95.00
oH Strips $1.00
Snilfyters $19.00
VOC Samnlinn - 5 Dav Turnaround $105.00
Cam 17 Sampling - 5 Day Turnaround $120.00
PCB Field test kits - Emergency Response (ER) use only $26.00 PCB Tes ting - 3 Day Turnaround Formal lab testing per $225.00 transformer
PCB Tes ting - Same Day Turnaround $1,200.00
Formal lab testing per transformer during ER's
Decontamination Kit $150.00
Pogo Pump $50.00
Expendable Material / New Costs / Outside Services $ Varies Stabilization Kit $200.00
Metal Revenue provided to City of Santa Clara Silicon Valley Power: $100 per ton Amendment No. 3 to Agreement/Advanced Chemical Transport Rev. 10/25/2019
8 of 11

EXHIBIT F

LABOR COMPLIANCE
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.

A. PREVAILING WAGE REQUIREMENTS

1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov 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 Amendment No. 3 to Agreement/Advanced Chemical Transport Rev. 10/25/2019
9 of 11
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 lo: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a "public works contractor". Those you fail lo 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 lo compliance monitoring and enforcement by the Department of Industrial Relations.

B. AUDIT RIGHTS

1. All records or documents required to be kept pursuant lo this Agreement to verify compliance with this Addendum shall be made available for audit al no cost to City, al 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 Amendment No. 3 to Agreement/Advanced Chemical Transport Rev. 10125/2019
10 of 11
documents shall be provided to City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor's address indicated for receipt of notices in this Agreement.

C. ENFORCEMENT

1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.

2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.

3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor's failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.

4. City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.

Amendment No. 3 to Agreement/Advanced Chemical Transport Rev. 10/25/2019
110111
Ebix Insurance No. S200003899
AMENDMENT NO. 4

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
ADVANCED CHEMICAL TRANSPORT, INC. (ACT)

PREAMBLE
This agreement ("Amendment No. 4") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Advanced Chemical Transport, Inc., a California Corporation (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties."

RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for the Performance of Services by and between the City of Santa Clara, California and Advanced Chemical Transport, Inc. dated January 25, 2018 (Agreement); B. The Agreement was previously amended by Amendment No. 1, dated October 21, 2020, and by Amendment No. 2 dated July 18, 2022, and Amendment No. 3 dated January 1, 2023. The Agreement and all previous amendments are collectively referred to herein as the "Agreement as Amended"; and C. The Parties entered into the Agreement as Amended for the purpose of having Contractor provide hazardous waste services, and the Parties now wish to amend the Agreement as Amended to extend the term and increase the maximum compensation.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 5 of the Agreement as Amended, entitled "TERM OF AGREEMENT" is amended to read as follows: "Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of the Agreement shall begin on the Effective Date of this Agreement and terminate on September 30, 2023. The Parties agree that this Agreement did not expire on the previous expiration date of June 30, 2023, and it remains valid through the new expiration date set forth in this Amendment No. 4.

The sole purpose of this extended 90-day term is to facilitate the payment of outstanding invoices for Services performed through June 30, 2023. The City will not approve any additional Services from the Effective Date of this Amendment." Amendment No. * 4 to Agreement/Advanced Chemical Transport Rev. 10/25/19

2. Exhibit B of the Agreement is amended and replaced with Exhibit B - Fee Schedule of Fees - Effective June 30, 2023, which is attached hereto and incorporated into the Agreement as Amended by reference.

The Parties acknowledge and accept the terms and conditions of this Amendment No. 4 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:

GLEN R. GOOGINS
City Attorney
"CITY"
JOVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
ADVANCED CHEMICAL TRANSPORT, INC.
a California corporation
Dated: - ~--~== __ 1_·1_.:f~/ 2. _ .::>_;:, ______ _ _
By (Signature): ---==~=---=--,.._-_____ _ -,.--______ _ Name: A e-v. :J {1_,;,;.__;/A.£;,--..

Principal Place Title: ====JA=· =1=/'-<...=c-- h='· ==="' ·=[ ='=~==-=Cu=,:$=========== of Business Address: _1_2_1_0_E_l_ko_D_ri_ve_S_u_nn~yv~a_le~,_C_A_9_4_0_8_9 ___ _ Email Address: __ K_/_!~ _ (A..J _ f~-~- · _.......,_Q.)-----'q~c----' ·f-i-=e="'-- -=-v'-'- .'tr-=0'-._ ft.-=-o_J""'-- __ Telephone: __.(__,_) _:f-o'------=l-- _ -_9-_fs--l _ .. _, ~ __2_=; 3_{ _,__l ____ _ Fax:
"CONTRACTOR"
Amendment No. * 4 to Agreement/Advanced Chemical Transport Rev. 10/25/2019
Page2

EXHIBIT B
FEE SCHEDULE - EFFECTIVE JANUARY 1, 2023
Contractor shall provide Services at the rates and fees set forth in the attached Exhibits 81 , 82, and 83 attached to Amendment No. 3. Rates shall be based on the date Service are provided:

In no event shall the amount billed to City by Contractor for Services under this Agreement exceed Two Million One Hundred and Forty Thousand dollars ($2;140,000) during the Agreement term, subject to budget appropriations.

Amendment No. * 4 to Agreement/Advanced Chemical Transport Rev. 10/25/2019

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-111 Agenda Date: 8/29/2023

REPORT TO COUNCIL

SUBJECT
Action to Authorize the Use of City Electric Forces for New Dark Fiber Installations at Various Locations

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Section 1310 of the Santa Clara City Charter, (Contracts on Public Works) states “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.” In 2014, Silicon Valley Power (SVP) developed a position called Fiber Splicing Technician as an inhouse position to primarily perform maintenance and repairs to meet the fiber performance standards of fiber customers, which includes City departments and commercial customers. Fiber Splicing Technician activities include basic splicing and distribution changes to fiber optic cables. The technician can also perform duties such as pulling, laying, aligning, and positioning fiber optic equipment for new connections to the fiber network. Fiber Splicing Technicians also perform fusion splicing at building entrances and in maintenance spaces. Currently, SVP employs two Fiber Splicing Technicians.

DISCUSSION
Currently, the SVP fiber optic network serves SVP, other City departments, and various commercial customers. As the work is specialized, the position of Fiber Splicer Technician performs a variety of activities from maintenance and repair to new or re-spliced interconnections to the SVP Fiber Enterprise. Each interconnection can be unique involving different hours of labor depending on the number of fibers required to be spliced and the particular location within the network. Technician time is tracked hourly and not on a per fiber basis.

Large or extensive projects involving extending fiber cable being laid along new paths or significant distances or adding conduit or related infrastructure are performed by a construction contractor through a public works contract. SVP spends up to $1 million per year on these public works contracts.

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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 and repairing the fiber optic 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 declare and determine that City forces can better perform the following fiber optic projects and approve the use of City forces for such projects:

Estimate Number: FWM#1066
Location: Serra Tank Farm & SCVWD (W&S SCADA)
Type of Service: Water Utility Infrastructure
Description of Work: Splice, terminate and test fibers at Serra Tank Farm & SCVWD for customer Water Department
Estimated Cost: $3,049
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development Design & Expansion
Source of Revenue: Developer Contribution
Estimate Number: FWM#1021
Location: Northside Tank & Import#2 (W&S SCADA)
Type of Service: Water Utility Infrastructure
Description of Work: Splice, terminate and test fibers at Northside Tank & Import#2 for customer Water Department
Estimated Cost: $3,049
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development Design & Expansion
Source of Revenue: Developer Contribution

ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to the following sections of Title 14 of the California Code of Regulations: (1) Section 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) Section 15303 (d) (Class 3 - New Construction or Conversion of Small Structures), because the proposed work involves the construction of a limited number of small fiber 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 $6,098, are included in the Fiscal Year 2023/24 Budget, Fiber Development, Design, and Expansion 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.

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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

1. Determine the proposed action is exempt from CEQA pursuant to Sections 15302(c) (Class 2 - Replacement or Reconstruction) and 15303 (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations; and

2. Declare and determine in accordance with Section 1310 of the City Charter that the public works located at Serra Tank Farm & SCVWD (W&S SCADA) and Northside Tank & Import#2 (W&S SCADA) are better performed by the City with its own employees based on the information set forth in this Report to Council.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jōvan D. Grogan, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-114 Agenda Date: 8/29/2023

REPORT TO COUNCIL

SUBJECT
Action Authorizing the Use of City Electric Forces at Various Locations

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Section 1310 of the Santa Clara City Charter, (Contracts on Public Works) states “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
Large or extensive projects involving significant electric facilities or related infrastructure are performed by a construction contractor through a public works contract. SVP spends up to $1 million per year on these public works contracts.

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 declare and determine that City forces can better perform the installation of the following electric facilities and approve the use of City forces.

Estimate Number: 38464
Location: 3175 De La Cruz Boulevard
Type of Service: New Business
Description of Work: Remove existing service wire and meter. Install New 1000A service meter and ± 140’ overhead service wire.

Estimated Cost: $3,580
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
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23-114 Agenda Date: 8/29/2023
Estimate Number: 38720
Location: 3060 Raymond Street
Type of Service: New Business
Description of Work: Install ±2000' high voltage wire, 3-pad switches, 1-75KVA pad transformer, ±750' low voltage wire, 2-12KV service meters, 60 high voltage splices, 60 high voltage elbows, and 11 low voltage connectors.

Estimated Cost: $391,444
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 35957 Phase 3
Location: 3402 El Camino Real
Type of Service: New Business
Description of Work: Remove 7 qty of existing poles and wires. Install 7 qty of new 45ft class 1 poles with 397 aluminum wire from Granada Ave to the project site. Transfer Overhead wires and secondary services to the new pole line.

Estimated Cost: $45,345
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution

ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to the following sections of Title 14 of the California Code of Regulations: (1) section 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) section 15303 (Class 3 - New Construction or Conversion of Small Structures) as 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 $440,369 are included in the Fiscal Year 2023/24 Capital Budget, New Business Estimate Work project in the Electric Utility Capital Fund. All referenced work will be performed with City Silicon Valley Power 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 City of Santa Clara Page 2 of 3 Printed on 8/24/2023
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23-114 Agenda Date: 8/29/2023
any City of Santa Clara public library.

RECOMMENDATION

1. Determine the proposed action is exempt from CEQA pursuant to Sections 15302(c) (Class 2 - Replacement or Reconstruction) and 15303 (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations; and

2. Declare and determine in accordance with Section 1310 of the City Charter that the public works located at 3175 De La Cruz Boulevard, 3060 Raymond Street and 3402 El Camino Real are better performed by the City with its own employees based on the information set forth in this Report to Council and authorize the performance of these public works consistent with this authorization.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jōvan D. Grogan, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-115 Agenda Date: 8/29/2023

REPORT TO COUNCIL

SUBJECT
Action on a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Silicon Valley Power Kifer Battery Energy Storage System Project and Action to Delegate Authority to the City Manager to Negotiate and Execute an Interconnection Agreement with Kifer Energy Storage, LLC

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
On February 7, 2023, the City Council authorized the City Manager to complete negotiations, approve and execute an Energy Storage Agreement (ESA) and Lease Agreement (Lease) with Kifer Energy Storage, LLC, for the Kifer Battery Energy Storage System Project (BESS Project). The BESS Project is an up to 50-megawatt battery energy storage system (BESS) to increase the Silicon Valley Power’s (SVP) system reliability. The BESS Project will occupy approximately 53,000 square feet within a larger parcel located at 3025 Raymond Street (Project Site) which is owned by the City of Santa Clara and is adjacent to the existing Kifer Receiving Station. The scope of the BESS Project also includes SVP designing and constructing the transmission line extension from the existing 60 KV Ken-Oaks Line to a new Space Park Junction Substation.

DISCUSSION
At the time of its approval of the ESA and Lease, the City Council did not complete the environmental review as those approvals did not constitute an approval of a “Project” under the California Environmental Quality Act (CEQA). First, the City Council did not approve the Interconnection Agreement for Generating or Storage Facilities (Interconnection Agreement) with Kifer Energy Storage, LLC. A current draft of the Interconnection Agreement is attached; however, its terms have not been finalized as additional technical provisions must still be included within the agreement.

Without the Interconnection Agreement, the BESS Project cannot provide energy storage services to the City. Further, the City has no obligation to purchase energy storage services under the Energy Storage Agreement until all of the following have occurred: (a) any applicable review under CEQA has been completed; and (b) the applicable period for any legal challenges under CEQA relating to the BESS Project has expired without any such challenge having been filed; or (c) in the event of any such challenge, the challenge has been determined adversely to the challenger by final judgment or settlement. The City may terminate this Energy Storage Agreement and Lease Agreement if it is determined based on the CEQA review the BESS Project causes significant adverse environmental effects that are not adequately mitigated or for which there are no overriding considerations.

An Initial Study/Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared for the BESS Project in accordance with the requirements of City of Santa Clara Page 1 of 3 Printed on 8/24/2023
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23-115 Agenda Date: 8/29/2023
CEQA. Based on these documents, it has been determined that the BESS Project will not have any significant effects on the environment with implementation of the mitigation measures contained in the MMRP. Activities related to the BESS Project will adhere to the MND and MMRP.

Since the BESS Project will be constructed and operated within SVP’s service territory, Kifer Energy Storage, LLC will also have to enter into the Interconnection Agreement with SVP. The Interconnection Agreement will dictate the terms and conditions for the technical requirements needed to connect the BESS to SVP’s electric grid to ensure, among other things, compliance with SVP’s Rules and Regulations. Without the Interconnection Agreement, the BESS will not be able to provide energy storage services to the City, so it is a critical agreement as part of the overall BESS project.

ENVIRONMENTAL REVIEW
The MND and MMRP were prepared for the BESS Project in accordance with CEQA. These documents and Notice of Intent to Adopt a MND were posted on the City of Santa Clara’s website at <<https://www.santaclaraca.gov/ceqa>> on April 27, 2023, and circulated for a 20-day public comment period that closed on May 17, 2023, in accordance with CEQA requirements. SVP received agency comments in response to the MND from the Santa Clara Valley Water District.

Responses to comments received on the MND during the 20-day review period were prepared and are provided in Section 8 of the Final Initial Study/Mitigated Negative Declaration as Attachment 1.

The MND examined environmental impacts associated with the BESS Project and identified potentially significant impacts to air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, traffic/transportation, and tribal cultural resources that with incorporation of mitigation measures identified in the MND and MMRP would reduce the potentially significant impacts to less-than-significant. A detailed discussion of the potential impacts and mitigation measures to be applied to the BESS Project are specified in the MND and would be implemented through project conditions of approval and the MMRP for the project. The MND, responses to comments received on the MND, and the MMRP are the City’s website at <<https://www.santaclaraca.gov/ceqa>>.

Staff recommends adopting the MND and MMRP for the BESS Project.

FISCAL IMPACT
There is no fiscal impact to the City for adopting the MND and MMRP or entering into an Interconnection Agreement other than administrative staff time and processing.

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

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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23-115 Agenda Date: 8/29/2023

RECOMMENDATION
.Recommendation

1. Adopt a Resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Kifer Battery Energy Storage System Project;

2. Authorize City Manager to negotiate, approve, and execute an Interconnection Agreement for Generating or Storage Facilities with Kifer Energy Storage, LLC, based on the draft attached hereto and any necessary or advisable amendments, subject to the review and approval as to form by the City Attorney; and

3. Authorize City Manager, or designee, to take any necessary or advisable actions to implement and administer the Interconnection Agreement with Kifer Energy Storage, LLC.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Final Mitigated Negative Declaration, including Response to Comments

2. Mitigation, Monitoring and Reporting Program

3. Resolution

4. DRAFT Interconnection Agreement
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FINAL

MITIGATED NEGATIVE DECLARATION

AND SUPPORTING INITIAL STUDY
Kifer Receiving Station BESS Project

FINAL MND/INITIAL STUDY
July 2023
Example of a typical Battery Energy Storage System
Lead Agency Project Sponsor Technical Assistance
Silicon Valley Power

SILICON
VALLEY
POWER. CITY OF SANTA CLARA
~ij~um
environmental group
FINAL

MITIGATED NEGATIVE DECLARATION

AND SUPPORTING INITIAL STUDY
FOR
SILICON VALLEY POWER’S

KIFER RECEIVING STATION BESS PROJECT
LEAD AGENCY:

CITY OF SANTA CLARA
1500 WARBURTON AVENUE
SANTA CLARA, CA 95050
PROJECT SPONSOR:

SILICON VALLEY POWER
881 MARTIN AVENUE
SANTA CLARA, CA 95050
TECHNICAL ASSISTANCE:

ASPEN ENVIRONMENTAL GROUP
235 MONTGOMERY STREET, SUITE 640
SAN FRANCISCO, CA 94104
JULY 2023

KIFER RECEIVING STATION BESS PROJECT CONTENTS
JULY 2023 i FINAL MND/INITIAL STUDY

CONTENTS

1. Mitigated Negative Declaration .................................................................................... 1-1

1.1. Project Information ...............................................................................................................1-1

1.2. Introduction...........................................................................................................................1-1

1.3. Project Description ................................................................................................................1-2

1.4. Environmental Determination...............................................................................................1-2

1.4.1. Mitigation Measure for Construction Phase Air Quality........................................1-2

1.4.2. Mitigation Measures for Nesting Birds..................................................................1-3

1.4.3. Mitigation Measure for Previously Unidentified Historical Resources..................1-3

1.4.4. Mitigation Measure for Disturbance of Human Remains......................................1-4

1.4.5. Mitigation Measure for Geologic and Seismic Hazards.........................................1-4

1.4.6. Mitigation Measure for Paleontological Resources...............................................1-5

1.4.7. Mitigation Measure for Hazardous Materials........................................................1-5

1.4.8. Mitigation Measure for Water Quality ..................................................................1-7

1.4.9. Mitigation Measure for Transportation Impacts...................................................1-7

1.4.10. Mitigation Measure for Unanticipated Tribal Cultural Resources.........................1-8

2. Environmental Determination ...................................................................................... 2-1

2.1. Environmental Factors Potentially Affected..........................................................................2-1

2.2. Environmental Determination...............................................................................................2-1

3. Introduction to the Initial Study.................................................................................... 3-1

3.1. Proposed Project Overview...................................................................................................3-1

3.2. Environmental Analysis .........................................................................................................3-1

3.2.1. CEQA Process.........................................................................................................3-1

3.2.2. CEQA Lead Agency .................................................................................................3-1

3.2.3. Initial Study ............................................................................................................3-1

4. Project Description ....................................................................................................... 4-1

4.1. Project Title............................................................................................................................4-1

4.2. Lead Agency Name and Address ...........................................................................................4-1

4.3. Lead Agency Contact Person and Phone Number.................................................................4-1

4.4. Project Location.....................................................................................................................4-1

4.5. Project Sponsor’s Name and Address....................................................................................4-1

4.6. General Plan Designation ......................................................................................................4-1

4.7. Zoning ....................................................................................................................................4-1

4.8. Surrounding Land Uses and Setting.......................................................................................4-1

4.9. Other Public Agencies Whose Approval is Required .............................................................4-2

4.10. Description of the Project......................................................................................................4-2

4.10.1. Overview ................................................................................................................4-2

4.10.2. Project Objectives..................................................................................................4-5

4.10.3. Project Components ..............................................................................................4-5

4.10.4. Project Construction Activities...............................................................................4-6

4.10.5. Operation and Maintenance................................................................................4-10

4.10.6. Fire Safety ............................................................................................................4-10

KIFER RECEIVING STATION BESS PROJECT CONTENTS
JULY 2023 ii FINAL MND/INITIAL STUDY

4.10.7. Required Approvals..............................................................................................4-11

4.10.8. Alternatives..........................................................................................................4-11

5. Environmental Setting and Environmental Impacts ...................................................... 5-1

5.1. Aesthetics ...........................................................................................................................5.1-1

5.1.1. Setting .................................................................................................................5.1-1

5.1.2. Environmental Impacts and Mitigation Measures..............................................5.1-2

5.2. Agriculture and Forestry Resources ...................................................................................5.2-1

5.2.1. Setting .................................................................................................................5.2-1

5.2.2. Environmental Impacts and Mitigation Measures..............................................5.2-2

5.3. Air Quality...........................................................................................................................5.3-1

5.3.1. Setting .................................................................................................................5.3-1

5.3.2. Environmental Impacts and Mitigation Measures..............................................5.3-4

5.4. Biological Resources...........................................................................................................5.4-1

5.4.1. Setting .................................................................................................................5.4-1

5.4.2. Environmental Impacts and Mitigation Measures..............................................5.4-4

5.5. Cultural Resources..............................................................................................................5.5-1

5.5.1. Setting .................................................................................................................5.5-1

5.5.2. Environmental Impacts and Mitigation Measures..............................................5.5-8

5.6. Energy .................................................................................................................................5.6-1

5.6.1. Setting .................................................................................................................5.6-1

5.6.2. Environmental Impacts and Mitigation Measures..............................................5.6-3

5.7. Geology and Soils................................................................................................................5.7-1

5.7.1. Setting .................................................................................................................5.7-1

5.7.2. Environmental Impacts and Mitigation Measures..............................................5.7-9

5.8. Greenhouse Gas Emissions.................................................................................................5.8-1

5.8.1. Setting .................................................................................................................5.8-1

5.8.2. Environmental Impacts and Mitigation Measures..............................................5.8-3

5.9. Hazards and Hazardous Materials......................................................................................5.9-1

5.9.1. Setting .................................................................................................................5.9-1

5.9.2. Environmental Impacts and Mitigation Measures..............................................5.9-8

5.10. Hydrology and Water Quality...........................................................................................5.10-1

5.10.1. Setting ...............................................................................................................5.10-1

5.10.2. Environmental Impacts and Mitigation Measures............................................5.10-5

5.11. Land Use and Planning .....................................................................................................5.11-1

5.11.1. Setting ...............................................................................................................5.11-1

5.11.2. Environmental Impacts and Mitigation Measures............................................5.11-2

5.12. Mineral Resources............................................................................................................5.12-1

5.12.1. Setting ...............................................................................................................5.12-1

5.12.2. Environmental Impacts and Mitigation Measures............................................5.12-2

5.13. Noise.................................................................................................................................5.13-1

5.13.1. Setting ...............................................................................................................5.13-1

5.13.2. Environmental Impacts and Mitigation Measures............................................5.13-3

KIFER RECEIVING STATION BESS PROJECT CONTENTS
JULY 2023 iii FINAL MND/INITIAL STUDY

5.14. Population and Housing ...................................................................................................5.14-1

5.14.1. Setting ...............................................................................................................5.14-1

5.14.2. Environmental Impacts and Mitigation Measures............................................5.14-2

5.15. Public Services ..................................................................................................................5.15-1

5.15.1. Setting ...............................................................................................................5.15-1

5.15.2. Environmental Impacts and Mitigation Measures............................................5.15-2

5.16. Recreation.........................................................................................................................5.16-1

5.16.1. Setting ...............................................................................................................5.16-1

5.16.2. Environmental Impacts and Mitigation Measures............................................5.16-2

5.17. Transportation..................................................................................................................5.17-1

5.17.1. Setting ...............................................................................................................5.17-1

5.17.2. Environmental Impacts and Mitigation Measures............................................5.17-4

5.18. Tribal Cultural Resources..................................................................................................5.18-1

5.18.1. Setting ...............................................................................................................5.18-1

5.18.2. Environmental Impacts and Mitigation Measures............................................5.18-4

5.19. Utilities and Service Systems............................................................................................5.19-1

5.19.1. Setting ...............................................................................................................5.19-1

5.19.2. Environmental Impacts and Mitigation Measures............................................5.19-5

5.20. Wildfire .............................................................................................................................5.20-1

5.20.1. Setting ...............................................................................................................5.20-1

5.20.2. Environmental Impacts and Mitigation Measures............................................5.20-2

5.21. Corona and Induced Current Effects................................................................................5.21-1

5.21.1. Environmental Setting.......................................................................................5.21-1

5.21.2. Environmental Impacts and Assessment..........................................................5.21-1

5.22. Mandatory Findings of Significance..................................................................................5.22-1

6. Mitigation Monitoring and Reporting Program ............................................................. 6-1

7. References.................................................................................................................... 7-1

7.1. Aesthetics ..............................................................................................................................7-1

7.2. Agricultural Resources...........................................................................................................7-1

7.3. Air Quality..............................................................................................................................7-1

7.4. Biological Resources..............................................................................................................7-1

7.5. Cultural Resources.................................................................................................................7-1

7.6. Energy ....................................................................................................................................7-3

7.7. Geology and Soils...................................................................................................................7-3

7.8. Greenhouse Gas Emissions....................................................................................................7-4

7.9. Hazards and Hazardous Materials.........................................................................................7-5

7.10. Hydrology and Water Quality................................................................................................7-6

7.11. Mineral Resources.................................................................................................................7-6

7.12. Noise......................................................................................................................................7-6

7.13. Population and Housing ........................................................................................................7-7

7.14. Public Services .......................................................................................................................7-7

7.15. Recreation..............................................................................................................................7-7

7.16. Traffic and Transportation.....................................................................................................7-8

KIFER RECEIVING STATION BESS PROJECT CONTENTS
JULY 2023 iv FINAL MND/INITIAL STUDY

7.17. Tribal Cultural Resources.......................................................................................................7-8

7.18. Utilities and Service Systems.................................................................................................7-8

7.19. Wildfire ..................................................................................................................................7-9

7.20. Corona and Induced Current Effects.....................................................................................7-9

8. Comments and Comment Responses.......................................................................... 8-10

8.1. Response to Santa Clara Valley Water District Comment...................................................8-11 TABLES
Table 4-1. Anticipated Personnel and Equipment Required for Project Construction (based on typical estimates) ...............................................................................................................4-7 Table 4-2. Equipment Expected to be Used During Construction.......................................................4-8 Table 4-3. Permits and Approvals Necessary for the Proposed Project ...........................................4-11 Table 5.3-1. National and California Ambient Air Quality Standards..................................................5.3-1 Table 5.3-2. Attainment Status for San Francisco Bay Area................................................................5.3-2 Table 5.3-3. Estimated Maximum Daily Construction Emissions (lb/day) ..........................................5.3-5 Table 5.5-1. Key Cultural Resources Reports Within Project Area......................................................5.5-3 Table 5.6-1. Energy Sources of Electricity Supplied to Customers (2021 Power Content) .................5.6-1 Table 5.6-2. Electricity Consumption for Load Served by SVP (million kWh per year) .......................5.6-2 Table 5.7-1. Significant Active and Potentially Active Faults within 50 miles of the Proposed Project .............................................................................................................................5.7-5 Table 5.13-1. Typical Noise Levels for Individual Construction Equipment ........................................5.13-3 Table 5.14-1. Year 2020 Existing Conditions – Population, Housing, and Employment: City of Santa Clara and County of Santa Clara..........................................................................5.14-1 Table 5.17-1. Existing Local Roadway Conditions ...............................................................................5.17-2 Table 5.19-1. Utility Providers.............................................................................................................5.19-1 Table 5.19-2. Landfill Capacities..........................................................................................................5.19-2 Table 6-1. Mitigation Monitoring Plan ................................................................................................6-2

FIGURES
Figure 1. Kifer Receiving Station BESS Location.................................................................................4-3 Figure 2. Preliminary Kifer Receiving Station BESS Layout ................................................................4-4

KIFER RECEIVING STATION BESS PROJECT LIST OF ACRONYMS
JULY 2023 i FINAL MND/INITIAL STUDY

LIST OF ACRONYMS
ACE Altamont Commuter Express
ADT Average daily traffic
ANSI American National Standards Institute
APN Assessor’s parcel number
ARB Air Resources Board
ATCM Airborne Toxic Control Measures
BAAQMD Bay Area Air Quality Management District
BESS Battery Energy Storage System
BMPs Best Management Practices
Cal/EPA California Environmental Protection Agency
CAP Climate Action Plan
CBRNE Chemical, Biological, Radiological, Nuclear, and Explosive CCJPA Capitol Corridor Joint Powers Authority
CCR California Code of Regulations
CEC California Energy Commission
CEQA California Environmental Quality Act
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CESA California Endangered Species Act
CFGC California Fish and Game Code
CGS California Geological Survey
CIWMB California Integrated Waste Management Board
CLG Certified Local Government
CNDDB California Natural Diversity Data Base
CNEL Community Noise Equivalent Level
CNPS California Native Plant Society
CO Carbon monoxide
CPRC California Public Resources Code
CPUC California Public Utilities Commission
CRHR California Register of Historical Resources
CVC California Vehicle Code
CWA Clean Water Act
DHS Department of Health Services
DOC Department of Conservation
DPM Diesel particulate matter
DPR Department of Pesticide Regulation
DTSC Department of Toxic Substance Control
EAP Energy Action Plan
EHC Environmental Health Criteria
EIR Environmental Impact Report
EMF Electric and magnetic fields
EOC Emergency Operations Center
EOP Emergency Operations Plan
EPA Environmental Protection Agency
FEMA Federal Emergency Management Agency
FESA Federal Endangered Species Act
FHSZ Fire Hazard Severity Zone

KIFER RECEIVING STATION BESS PROJECT LIST OF ACRONYMS
JULY 2023 ii FINAL MND/INITIAL STUDY
FMMP Farmland Mapping and Monitoring Program
GHG Greenhouse gas
GO General Order
HFCs Hydrofluorocarbons
HSWA Hazardous and Solid Waste Act
HWCL Hazardous Waste Control Law
IARC International Agency for Research on Cancer
IBC International Building Code
ICC International Code Council
IEEE Institute of Electrical and Electronic Engineers
IRP Integrated Resource Plan
IWMB Integrated Waste Management Board
JPB Joint Powers Board
LUST Leaking underground storage tank
MBTA Migratory Bird Treaty Act
MLD Most likely descendant
MM Mitigation measure
MMRP Mitigation Monitoring and Reporting Program
MND Mitigated Negative Declaration
MRDS Mineral Resources Data Systems
MRR Mandatory reporting rule
MRZ Mineral resource zone
NAHC Native American Heritage Commission
NCCP Natural Community Conservation Plan
NCP National Contingency Plan
NESC National Electric Safety Code
NESHAP National Emission Standards for Hazardous Air Pollutants NIMS National Incident Management System
NPDES National Pollutant Discharge and Elimination System NPL National Priorities List
NSH National Seismic Hazard
NWIC California Historical Resources Information System, Northwest Information Center OEHHA Office of Environmental Health Hazard Assessment
OHP Office of Historic Preservation
OHWM Ordinary High Water Mark
OMR Office of Mine Reclamation
PERP Portable Equipment Registration Program
PFCs Perfluorocarbons
PGA Peak ground acceleration
PM10 Particulate matter (less than 10 microns in diameter) PM2.5 Fine particulate matter (less than 2.5 microns in diameter) POU Publicly owned utility
PRC Public Resources Code
PRMP Paleontological Resources Management Plan
RCRA Resource Conservation and Recovery Act of 1976
ROG Reactive organic gases
ROW Right-of‐way
RPS Renewables Portfolio Standard
RWF Regional Wastewater Facility

KIFER RECEIVING STATION BESS PROJECT LIST OF ACRONYMS
JULY 2023 iii FINAL MND/INITIAL STUDY
RWQCB Regional Water Quality Control Board
SARA Superfund Amendments and Reauthorization Act
SBWR South Bay Water Recycling
SCFD Santa Clara Fire Department
SCPD Santa Clara Police Department
SCVWD Santa Clara Valley Water District
SEMS Standardized Emergency Management System
SMARA Surface Mining and Reclamation Act of 1975
SMGB State Mining and Geology Board
SRRE Source Reduction Recycling Element
SVP Silicon Valley Power
SWGS Solid Waste Generation Study
SWPPP Storm Water Pollution Prevention Plan
SWRCB State Water Resources Control Board
TACs Toxic air contaminants
TCRs Tribal Cultural Resources
TMDL Total Maximum Daily Load
TWW Treated Wood Waste
U.S. U.S. Highway
UPRR Union Pacific Railroad
USACE U.S. Army Corps of Engineers
USGS U.S. Geological Survey
UWW Utility Wood Waste
VMT Vehicle miles traveled
VOC Volatile organic compounds
VTA Valley Transportation Authority
WDRs Waste Discharge Requirements
WEAP Worker environmental awareness program
WHO World Health Organization
KIFER RECEIVING STATION BESS PROJECT 1. MITIGATED NEGATIVE DECLARATION JULY 2023 1-1 FINAL MND/INITIAL STUDY
FINAL
Mitigated Negative Declaration/Initial Study
for
Silicon Valley Power’s
Kifer Receiving Station Battery Energy Storage System (BESS) Project

1. MITIGATED NEGATIVE DECLARATION

1.1. Project Information
Project: Kifer Receiving Station Battery Energy Storage System Project City of Santa Clara, Santa Clara County, California
Project Sponsor: City of Santa Clara, Silicon Valley Power 881 Martin Avenue
Santa Clara, CA 95050
(408) 615-6610
General Plan: Low Intensity Office/R&D (Research and Development) Zoning: ML – Light Industrial

1.2. Introduction
The City of Santa Clara, Silicon Valley Power (SVP) is proposing the Kifer Receiving Station (KRS) Battery Energy Storage System (BESS) Project (Project or proposed Project), which would construct a BESS adjacent to the existing Kifer Receiving Station. Pursuant to the California Environmental Quality Act (CEQA), SVP has prepared an Initial Study for the proposed Project to determine if any significant adverse effects on the environment would result from project implementation. The Initial Study uses the significance criteria outlined in Appendix G of the CEQA Guidelines. If the Initial Study for the Project indicates that a significant adverse impact could occur, SVP would be required to prepare an Environmental Impact Report (EIR).

According to CEQA Guidelines Section 15070 (Decision to Prepare a Negative Declaration or Mitigated Negative Declaration), a public agency shall prepare or have prepared a proposed negative declaration or mitigated negative declaration for a project subject to CEQA when:
(a) The initial study shows that there is no substantial evidence, in light of the whole record before the agency, that the project may have a significant effect on the environment, or (b) The initial study identifies potentially significant effects, but:
(1) Revisions in the project plans or proposals made by, or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence, in light of the whole record before the agency, that the project as revised may have a significant effect on the environment.

KIFER RECEIVING STATION BESS PROJECT 1. MITIGATED NEGATIVE DECLARATION JULY 2023 1-2 FINAL MND/INITIAL STUDY
Based on the analysis in the Initial Study, it has been determined that all Project-related environmental impacts would be less than significant or would be reduced to a less than significant level with the incorporation of feasible mitigation measures. Therefore, adoption of a Mitigated Negative Declaration (MND) will satisfy the requirements of CEQA. The mitigation measures included in this MND are designed to reduce or eliminate the potentially significant environmental impacts described in the Initial Study. Mitigation measures are structured in accordance with the criteria in Section 15370 of the CEQA Guidelines.

1.3. Project Description
SVP is proposing to have constructed a 50-megawatt (MW) battery energy storage system (BESS) adjacent to the existing SVP Kifer Receiving Station (KRS) to increase SVP system reliability. The new BESS would occupy approximately 24,000 square feet within a larger parcel owned by the City of Santa Clara that is adjacent to the existing KRS. SVP is currently planning to contract with Ameresco to install and own the battery energy storage systemto provide SVP energy storage services from the BESS. The 60 kV Space Park Junction substation to be owned and maintained by SVP will be constructed on the Project property to interconnect with the BESS. An existing structure on the property where the BESS will be located will be demolished under a ministerial permit from the City of Santa Clara as part of the Project.

1.4. Environmental Determination
The Initial Study was prepared to identify the potential environmental effects resulting from the proposed Project’s implementation, and to evaluate the level of significance of these effects. The Initial Study relies on information provided by SVP, Project site reconnaissance by SVP’s consultant the Aspen Environmental Group, and information and documents cited in individual resource topic discussions.

Based on the Initial Study analysis, mitigation measures are identified for adoption to ensure that impacts of the proposed Project would be less than significant. SVP has agreed to implement all of the recommended mitigation measures as part of the proposed Project.

Implementation of the following mitigation measures would avoid potentially significant impacts identified in the Initial Study or reduce them to less than significant levels.

1.4.1. Mitigation Measure for Construction Phase Air Quality MM AQ-1 Implement Basic Construction Air Quality Mitigation. The Project shall ensure that basic construction emissions control measures are implemented as “Best Management Practices,” as follows:
 All exposed soil surfaces (e.g., parking areas, staging areas, soil piles, and graded areas) shall be watered two times per day.
 All haul trucks transporting soil, sand, or other loose material off-site shall be covered.  All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
 All areas to be paved shall be completed as soon as possible. Foundation pads shall be laid as soon as possible after grading.
 Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]).

KIFER RECEIVING STATION BESS PROJECT 1. MITIGATED NEGATIVE DECLARATION JULY 2023 1-3 FINAL MND/INITIAL STUDY
Clear signage regarding idling shall be provided for construction workers at all access points.
 All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.  Post a publicly visible sign with the telephone number and person to contact at SVP regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.

1.4.2. Mitigation Measures for Nesting Birds
MM BIO-1 Biological Monitoring. A qualified biologist will be assigned to the Project and will monitor the Project periodically. The qualified biologist will be the point of contact for any employee or contractor who might inadvertently kill or injure a special-status species or anyone who finds a dead, injured, or entrapped animal. The qualified biologist or biological monitor shall have the authority and responsibility to halt any Project activities that are not in compliance with applicable mitigation measures, permit conditions, or other Project requirements, or will have an unauthorized adverse effect on biological resources.

MM BIO-2 Worker Environmental Awareness Training. Prior to construction, a construction employee education program will be conducted in reference to all sensitive environmental resources potentially affected by site work (e.g., air quality, biological resources, cultural resources, hydrology and water quality, hazardous materials) and the measures associated with their protection (i.e., mitigation measures and applicable laws and regulations).

MM BIO-3 Preconstruction Nesting Bird Surveys and Nest Protection. A preconstruction nesting bird survey shall be conducted of the site and vicinity by a qualified biologist no more than 7 days before any work activities are performed during the nesting season (February 1 to August 31). A preconstruction nesting bird survey shall also be required prior to any vegetation removal or trimming that occurs during the nesting season. Surveyors will search for all potential nest types (e.g., ground, cavity, shrub/tree, structural, etc.) and determine whether the nest is active. A nest will be determined to be active if eggs or young are present in the nest. Upon discovery of active nests, Silicon Valley Power’s biological monitor will determine if there is need for a buffer or shield to minimize disturbance of the nest. Upon this determination and execution of any required minimization action, work may proceed. The extent of mitigation will be based upon: acclimation of the species or individual to disturbance, nest type (cavity, tree, ground, etc.), and level and duration of construction activity. If there is a period of 7 or more days during nesting season in which construction does not occur, a new survey shall be undertaken to determine if any nests have been established.

In the unlikely event a special-status or listed species is found nesting nearby, CDFW and USFWS will be notified, and the City of Santa Clara will be provided with nest survey results, if requested. When active nests are identified, monitoring for significant disturbance to the birds will be implemented.

1.4.3. Mitigation Measure for Previously Unidentified Historical Resources MM CR-1 Worker Training and Management of Unanticipated Discoveries of Historical Resources, Unique Archaeological Resources. SVP shall conduct a worker environmental awareness program (WEAP) for Project personnel who, during the course of Project work, might KIFER RECEIVING STATION BESS PROJECT 1. MITIGATED NEGATIVE DECLARATION JULY 2023 1-4 FINAL MND/INITIAL STUDY
encounter or alter historical resources or important/unique archaeological materials. This program may be combined with any similar required program, such as for biological resources. The WEAP may include a kickoff tailgate session that describes how to identify cultural resources and what to do if an unanticipated discovery is made during construction, presents site avoidance requirements and procedures to be followed if unanticipated cultural resources are discovered during Project construction, and includes a discussion of disciplinary and other actions that could be taken against persons violating historic preservation laws and SVP policies.

If previously unidentified cultural resources are identified during construction, construction work within 100 feet of the find shall be halted and directed away from the discovery until a Secretary of the Interior qualified archaeologist assesses the significance of the resource. The archaeologist, in consultation with the City of Santa Clara, State Historic Preservation Officer, any interested Tribes, and any other responsible public agency, shall make the necessary plans for treatment of the find(s) and for the evaluation and mitigation of impacts if the finds are found to be eligible to the National or California Registers, qualify as a unique archaeological resource under California Environmental Quality Act Section 21083.2, or are determined to be tribal cultural resource as defined in Section 21074.

1.4.4. Mitigation Measure for Disturbance of Human Remains MM CR-2 Treatment of Human Remains. Any human remains discovered are to be treated with respect and dignity. Upon discovery of human remains, all work within 50 feet of the discovery area must cease immediately, nothing is to be disturbed, and the area must be secured. The Santa Clara County Coroner’s Office must be called. The Coroner has two working days to examine the remains after notification. The appropriate land manager of the site is to be called and informed of the discovery. It is very important that the suspected remains, and the area around them, are undisturbed and the proper authorities called to the scene as soon as possible, as it could be a crime scene. The Coroner will determine if the remains are archaeological/historic or of modern origin and if there are any criminal or jurisdictional questions.

After the Coroner has determined the remains are archaeological/historic-era, the Coroner will make recommendations concerning the treatment and disposition of the remains to the person responsible for the excavation, or to his or her authorized representative. If the Coroner believes the remains to be those of a Native American, he/she shall contact the Native American Heritage Commission (NAHC) by telephone within 24 hours.

The NAHC will immediately notify the person it believes to be the most likely descendant (MLD) of the remains. The MLD has 48 hours to make recommendations to the landowner for treatment or disposition of the human remains. If the descendant does not make recommendations within 48 hours, the landowner shall reinter the remains in an area of the property secure from further disturbance. If the landowner does not accept the descendant’s recommendations, the owner or the descendant may request mediation by NAHC.

1.4.5. Mitigation Measure for Geologic and Seismic Hazards MM G-1 Conduct Geotechnical Investigations. Because seismically induced liquefaction-related ground failure has the potential to damage or destroy Project components, design-level geotechnical investigation for the Project shall be performed by SVP and shall include investigations designed to assess the potential for geologic and seismic hazards, and KIFER RECEIVING STATION BESS PROJECT 1. MITIGATED NEGATIVE DECLARATION JULY 2023 1-5 FINAL MND/INITIAL STUDY
specifically include evaluation of potential for liquefaction and expansive soils to affect the BESS system components and the 60 kV line at the Project site. Where liquefaction or expansive soils hazards are found to exist/verified, appropriate engineering design and construction measures shall be incorporated into the Project designs as deemed appropriate by the Project engineer. Finalized Project design incorporating geotechnical recommendations shall be submitted to the City 60 days prior to Project construction.

1.4.6. Mitigation Measure for Paleontological Resources MM G-2 Worker Training and Management of Paleontological Resources. A paleontologist must be retained who meets the professional paleontologist qualifications (Society of Vertebrate Paleontology’s Standard Procedures, 2010) and has demonstrated experience in carrying paleontological Projects to completion. The qualified professional paleontologist shall prepare a Paleontological worker environmental awareness program (WEAP), and training shall be provided for all staff who will be onsite during excavations. This program may be combined with any similar required program, such as for biological resources. The WEAP shall show what local Pleistocene fossils look like in general, where they may appear in the Project, and how to proceed should material suspected to be a fossil is encountered.

The qualified paleontologist must develop and implement a Paleontological Resources Management Plan (PRMP) for the Project area that meets the standards set forth by the Society of Vertebrate Paleontology (2010). This PRMP shall include:
 A monitoring plan for ground disturbing activities that provides the monitor(s) with the authority to temporarily halt or divert equipment. The Paleontologist shall determine a suitable monitoring schedule based on construction activities and anticipated depth of ground disturbance. Monitors shall be onsite for any disturbance of sediments with high or unknown paleontological sensitivity. Monitors must have demonstrated sufficient paleontological training and field experience to have acceptable knowledge and experience of fossil identification, salvage and collection methods, paleontological techniques, and stratigraphy.
 A recovery plan for significant fossils that provides for the treatment of specimens to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates.
 A specimen identification, analysis, and curation plan that includes identification to the lowest taxonomic level possible; taxonomic, taphonomic, and biostratigraphic analysis; and curation to the standards of the repository where they will be curated.

1.4.7. Mitigation Measure for Hazardous Materials
MM HM 1 Hazardous Substance Control and Emergency Response. SVP shall implement its hazardous substance control and emergency response procedures as needed. These procedures identify methods and techniques to minimize the exposure of the public and site workers to potentially hazardous materials during all phases of Project construction through operation. They address worker training appropriate to the site worker’s role in hazardous substance control and emergency response. The procedures also require implementing appropriate control methods and approved containment and spill-control practices for construction and materials stored on site. If it is necessary to store chemicals on site, they KIFER RECEIVING STATION BESS PROJECT 1. MITIGATED NEGATIVE DECLARATION JULY 2023 1-6 FINAL MND/INITIAL STUDY
shall be managed in accordance with all applicable regulations. Material safety data sheets shall be maintained and kept available on site, as applicable.

No known soil contamination was identified within the Project area, however historic groundwater contamination has occurred at the site and at upgradient sites (SWRCB, 2023b though f). In the event that soils, or groundwater suspected of being contaminated (on the basis of visual, olfactory, or other evidence) are removed/encountered during site grading or excavation activities or dewatering activities, the excavated soil and/or extracted groundwater shall be tested and, if contaminated above hazardous waste levels, shall be contained and either treated or disposed of at a licensed waste facility.

The presence of known or suspected contaminated soil or groundwater shall require testing and investigation procedures to be supervised by a qualified person, as appropriate, to meet state and federal regulations.

All hazardous materials and hazardous wastes shall be handled, stored, and disposed of in accordance with all applicable regulations, by personnel qualified to handle hazardous materials. The hazardous substance control and emergency response procedures include, but are not limited to, the following:
 Proper disposal of potentially contaminated soils.
 Establishing site-specific buffers for construction vehicles and equipment located near sensitive resources.
 Emergency response and reporting procedures to address hazardous material spills.  Stopping work at that location and contacting the City Fire Department Hazardous Materials Division immediately if visual contamination or chemical odors are detected.

Work will be resumed at this location after any necessary consultation and approval by the Hazardous Materials Division.

SVP shall complete its Emergency Action Plan Form as part of Project tailboard meetings.

The purpose of the form is to gather emergency contact numbers, identify first aid locations and provide other tailboard safety information.

MM HM-2 Asbestos and Lead Based Paint Testing and Removal. The Project would implement the following measures to reduce impacts due to the presence of unknown asbestos containing materials (ACMs) and/or lead based paint (LBP) in the structure to be demolished:
 In conformance with State and local laws, a visual inspection/predemolition survey, and sampling and testing, shall be conducted prior to the demolition of the on-site building to determine the presence of asbestos-containing materials and/or lead-based paint, and to determine appropriate handling and disposal requirements.  Prior to demolition activities, all building materials containing lead-based paint shall be removed in accordance with Cal/OSHA Lead in Construction Standard, Title 8, California Code of Regulations (CCR) 1523.1. Employee training, employee air monitoring, and dust control shall be conducted during demolition also in accordance with this Standard. Any debris or soil containing lead-based paint or coatings would be disposed of at landfills that meet acceptance criteria for the waste being disposed.  All potentially friable ACMs shall be removed in accordance with NESHAP guidelines prior to any building demolition or renovation that may disturb the materials. All demolition activities will be undertaken in accordance with Cal/OSHA standards contained in Title 8 of CCR, Section 1529, to protect workers from exposure to asbestos.

KIFER RECEIVING STATION BESS PROJECT 1. MITIGATED NEGATIVE DECLARATION JULY 2023 1-7 FINAL MND/INITIAL STUDY
 A registered asbestos abatement contractor shall be retained to remove and dispose of ACMs identified in the asbestos survey performed for the site in accordance with the standards stated above.
 Materials containing more than one percent asbestos are also subject to Bay Area Air Quality Management District (BAAQMD) regulations. Removal of materials containing more than one percent asbestos shall be completed in accordance with BAAQMD requirements.

1.4.8. Mitigation Measure for Water Quality
MM HYD-1 SWPPP or Erosion Control Plan Development and Implementation. Following Project approval, SVP will prepare and implement a Storm Water Pollution Prevention Plan (SWPPP), if required by State law, or erosion control plan to minimize construction impacts on surface water and groundwater quality. Implementation of the SWPPP or erosion control plan will help stabilize graded areas and reduce erosion and sedimentation.

The plan will designate BMPs that will be adhered to during construction activities.

Erosion and sediment control measures, such as straw wattles, covers, and silt fences, will be installed before the onset of winter rains or any anticipated storm events. Suitable stabilization measures will be used to protect exposed areas during construction activities, as necessary. During construction activities, measures will be in place to prevent contaminant discharge.

The Project SWPPP or erosion control plan will include erosion control and sediment transport BMPs to be used during construction. BMPs, where applicable, will be designed by using specific criteria from recognized BMP design guidance manuals. Erosionminimizing efforts may include measures such as properly containing stockpiled soils.

Erosion control measures identified will be installed in an area before construction begins during the wet season and before the onset of winter rains or any anticipated storm events. Temporary measures such as silt fences or wattles, intended to minimize sediment transport from temporarily disturbed areas, will remain in place until disturbed areas have stabilized. The plan will be updated during construction as required by the SWRCB.

A worker education program shall be established for all field personnel prior to initiating fieldwork to provide training in the appropriate application and construction of erosion and sediment control measures contained in the SWPPP. This education program will also discuss appropriate hazardous materials management and spill response. Compliance with these requirements will be ensured by the on-site construction contractor.

1.4.9. Mitigation Measure for Transportation Impacts
MM T-1 Construction Traffic Control Plan. Prior to the start of construction, the Project owner shall prepare and submit a Construction Traffic Control Plan for review and approval to the City of Santa Clara (City) Planning Department for public roads and transportation facilities that would be directly affected by the construction activities and/or would require permits and approvals. The Construction Traffic Control Plan shall be submitted to the City for review and approval prior to conducting activities covered in the traffic control permits. The Construction Traffic Control Plan shall include, but not be limited to:
 Identification of any routes that would require lane closures or detours to accommodate material and equipment deliveries and methods to ensure safety.

KIFER RECEIVING STATION BESS PROJECT 1. MITIGATED NEGATIVE DECLARATION JULY 2023 1-8 FINAL MND/INITIAL STUDY
 Avoidance of peak travel hours (8:00-10:00 a.m. and 4:00-6:00 p.m.) to the maximum extent feasible.
 Plans to coordinate in advance with emergency service providers to avoid restricting the movements of emergency vehicles. Police departments and fire departments shall be notified in advance of the proposed locations, nature, timing, and duration of any roadway disruptions, and shall be advised of any access restrictions that could impact their effectiveness. At locations where roads will be blocked, provisions shall be ready at all times to accommodate emergency vehicles.
 Plans to coordinate in advance with property owners, if any, that may have limited access to properties.

1.4.10. Mitigation Measure for Unanticipated Tribal Cultural Resources MM TCR-1 Management of Unanticipated Tribal Cultural Resources. During Project-level construction, should subsurface tribal cultural resources be discovered, all activity in the vicinity of the find shall stop and a qualified archaeologist and an authorized tribal representative shall be contacted to assess the significance of the find according to CEQA Guidelines Section 15064.5 and Section 21074. If any find is determined to be significant, the archaeologist shall determine, in consultation with the implementing agency and any local Native American groups expressing interest, appropriate avoidance measures or other appropriate mitigation. Per CEQA Guidelines Section 15126.4(b)(3), preservation in place shall be the preferred means to avoid impacts to tribal cultural resources. Methods of avoidance may include, but shall not be limited to, Project reroute or redesign, Project cancellation, or identification of protection measures such as capping or fencing.

Consistent with CEQA Guidelines Section 15126.4(b)(3)(C), if it is demonstrated that resources cannot be avoided, the qualified archaeologist shall develop additional treatment measures, such as data recovery or other appropriate measures, in consultation with the implementing agency and any local Native American representatives expressing interest in the tribal cultural resource.

A Mitigation Monitoring and Reporting Program (MMRP) has been prepared to ensure that mitigation measures are properly implemented (see Section 6). The MMRP describes specific actions required to implement each measure, including information on timing of implementation and monitoring requirements.

Based on the analysis and conclusions of the Initial Study, the impacts of the Project as proposed by SVP would be mitigated to less than significant levels with the implementation of the mitigation measures presented herein, which have been incorporated into the proposed Project.

KIFER RECEIVING STATION BESS PROJECT 2. ENVIRONMENTAL DETERMINATION JULY 2023 2-1 DRAFT MND/INITIAL STUDY

2. ENVIRONMENTAL DETERMINATION

2.1. Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a “Potentially Significant Impact” and requiring implementation of mitigation as indicated by the checklist on the following pages.

Aesthetics Agriculture & Forestry Resources Air Quality Biological Resources Cultural Resources Energy
Geology/Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities/Service Systems Wildfire Mandatory Findings of Significance

2.2. Environmental Determination
On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Sachin Bajracharya, Project Manager Date
Silicon Valley Power
Sachin Bajracharya 06/07/2023
Digitally signed by
Sachin Bajracharya
Date: 2023.06.07
09:11:10-07'00'
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Iii
KIFER RECEIVING STATION BESS PROJECT 3. INTRODUCTION TO THE INITIAL STUDY JULY 2023 3-1 FINAL MND/INITIAL STUDY

3. INTRODUCTION TO THE INITIAL STUDY

3.1. Proposed Project Overview
The City of Santa Clara, Silicon Valley Power (SVP) is proposing to construct a BESS adjacent to the existing Kifer Receiving Station (KRS) to increase reliability. The Project is described in more detail in Section 4.10.

3.2. Environmental Analysis

3.2.1. CEQA Process
This Initial Study has been prepared pursuant to the California Environmental Quality Act (CEQA), the amended State CEQA Guidelines (14 CCR 15000 et seq.). The purpose of the Initial Study is to inform the decision-makers, responsible agencies, and the public of the proposed Project, the existing environment that would be affected by the Project, the environmental effects that would occur if the Project is approved, and, where appropriate, propose mitigation measures that would avoid or reduce environmental effects.

A Mitigated Negative Declaration (MND) has been prepared based on the assessment of potential environmental impacts identified in the Initial Study. All potentially significant impacts associated with the Project can be mitigated to be less than significant; therefore, an MND can be adopted by the City of Santa Clara in accordance with Public Resources Code (PRC) Section 21080.

3.2.2. CEQA Lead Agency
The City of Santa Clara is the lead agency for review of the Project under CEQA because it must make a decision whether to adopt the MND and to approve or deny the proposed Project. The Project sponsor is Silicon Valley Power (SVP), a not-for-profit municipal electric utility owned and operated by the City. It began in 1896 as the City of Santa Clara Electric Department, which became Silicon Valley Power in 1998.

3.2.3. Initial Study
The Initial Study presents an analysis of potential effects of the proposed Project on the environment. The Initial Study is based on information provided by SVP, Project site visits, and additional research.

Construction activities and Project operation could have direct and indirect impacts on the environment.

The following environmental parameters are addressed based on the potential effects of the proposed Project and potential growth-inducing or cumulative effects of the Project in combination with other projects:

Aesthetics
Agricultural and Forestry Resources
Air Quality
Biological Resources
Cultural Resources
Energy
Geology and Soils
Greenhouse Gases
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation and Traffic
Tribal Cultural Resources
Utilities and Service Systems
Wildfire
Corona and Induced Current Effects
Mandatory Findings of Significance
The Initial Study has been organized into the following sections:
 Section 3: Introduction. Provides an introduction and overview describing the proposed Project and the CEQA process and identifies key areas of environmental concern.

KIFER RECEIVING STATION BESS PROJECT 3. INTRODUCTION TO THE INITIAL STUDY JULY 2023 3-2 FINAL MND/INITIAL STUDY
 Section 4: Project Description. Presents the Project objectives and provides an in-depth description of the proposed Project, including construction details and methods.  Section 5: Environmental Analysis and Mitigation. Includes a description of the existing conditions and analysis of the proposed Project’s potential environmental impacts and identifies mitigation measures to reduce potentially significant impacts to less than significant levels.  Section 6: Mitigation Monitoring and Reporting Plan. Includes mitigation measures that SVP or the Project developer must implement as part of the Project, actions required to implement these measures, monitoring requirements, and timing of implementation for each measure.  Section 7: References. Lists the sources of information used to prepare the Initial Study.

KIFER RECEIVING STATION BESS PROJECT 4. PROJECT DESCRIPTION JULY 2023 4-1 FINAL MND/INITIAL STUDY

4. PROJECT DESCRIPTION

4.1. Project Title
Kifer Receiving Station Battery Energy Storage System Project (Project)

4.2. Lead Agency Name and Address
City of Santa Clara
1500 Warburton Avenue
Santa Clara, California 95050

4.3. Lead Agency Contact Person and Phone Number
Sachin Bajracharya, Project Manager
Principal Electric Utility Engineer
Phone: (408) 568-1080
E-mail: [email protected]

4.4. Project Location
The Kifer Receiving Station BESS site is on a portion of County Assessor’s parcel number (APN) 224-08- 085. The property is at 3025 Raymond Street, Santa Clara, California 95054. The property is located west of the Kifer Receiving Station and is accessed from Raymond Street on the west side of the property. The Proposed Project would occupy the northern 1.20 acres of the parcel; the southern 1.37 acres would not be affected by the KRS BESS Project.

4.5. Project Sponsor’s Name and Address
City of Santa Clara, Silicon Valley Power
881 Martin Avenue
Santa Clara, California 95050

4.6. General Plan Designation
The City of Santa Clara General Plan designates the Project site as Low Intensity Office/R&D. All adjacent parcels to the north, south, and west have the same General Plan Designation. The parcel to the east of the Project, where the Kifer Receiving Station is located, has a general plan designation of Light Industrial.

4.7. Zoning
The Project site’s zoning is ML – Light Industrial. All adjacent parcels to the north, south, and west have the same zoning. The parcel to the east of the Project where the Kifer Receiving Station is located is zoned B – Public or Quasi Public.

4.8. Surrounding Land Uses and Setting
The site is surrounded by light industrial uses, including office buildings and utilities. There is one road adjacent to the Project site, Raymond Street. Raymond Street is a two-lane surface street with a speed limit of 25 mph and on street parking on both sides.

KIFER RECEIVING STATION BESS PROJECT 4. PROJECT DESCRIPTION JULY 2023 4-2 FINAL MND/INITIAL STUDY

4.9. Other Public Agencies Whose Approval is Required
The Applicant may be required to obtain the permits from agencies listed in Table 4-3, Permits and Approvals Necessary for the proposed Project (see Section 4.10.7).

4.10. Description of the Project

4.10.1. Overview
The proposed Kifer Receiving Station Battery Energy Storage System (BESS) Project would be built and operated by Ameresco to provide Silicon Valley Power additional local area capacity for electrical system reliability and flexibility. The BESS would have a rated power capacity of up to 50 MW with a four-hour duration. The energy capacity is up to 200 megawatt-hours (MWh). A BESS allows surplus renewable electricity to be acquired at a low cost and released when demand and prices are higher. Batteries can also balance generation and consumption, thus reducing congestion, and can help to control voltage and frequency. By building and using the proposed Project, a clean, reliable resource would be gained to help integrate renewables, reduce dependence on gas-fired generation, and reduce GHG and criteria air pollutant emissions.

The approximately 1.2-acre Project site is located adjacent to the Kifer Receiving Station (KRS). The BESS will be interconnected to SVP’s Kenneth (KEN) Substation, via a 60 kV interconnection to the existing KEN-OKJ 60 kV line that extends between Kenneth Substation and Oaks Junction (OKJ) Substation. The Kenneth Substation is a 12 kV general distribution substation. The Oaks Junction Substation is a 60 kV substation dedicated to a single data center customer. The 60 kV line would come from the southwest corner of the BESS parcel and run south to interconnect to the existing 60 kV line. The line between Kenneth Substation and Oaks Junction Substation would be tapped and the terminal 60 kV line would be established at the southern end of the parcel for this Project. An easement may need to be secured for this line and will be determined during the design process. See Figure 1, Kifer Receiving Station BESS Location. SVP plans to enter into an energy storage tolling agreement with Ameresco. Ameresco will develop, own, and operate the BESS, with SVP supplying the charging energy. The energy in the BESS will belong to SVP. Charging and dispatch operations will be controlled by SVP through the 60 kV substation on the property.

The Project site currently has a building located on it which would be demolished by Ameresco under a ministerial permit from the City of Santa Clara as part of the Project. This building is older than 50 years, therefore a historic building evaluation is required prior to demolition. The historic building evaluation was completed in February 2023, and it was determined that the existing structures on the site did not meet State or Federal criteria for listing on national, state, or local historic registers, meaning it does not qualify as an historical resource under CEQA.

It is anticipated that construction would begin in December 2023 and take approximately 16 months to complete. The Project site is City-owned property and would be leased to Ameresco. SVP would occupy approximately 0.10 acres of the site for 60 kV Space Park Junction substation, which will include a 60 kV switchyard and a buyer’s control house, which would be approximately 15 feet by 30 feet by 10 feet. The switchyard and control house would be surrounded by a chain link fence. See Figure 2, Preliminary Kifer Receiving Station BESS Layout.

KIFER RECEIVING STATION BESS PROJECT 4. PROJECT DESCRIPTION JULY 2023 4-3 FINAL MND/INITIAL STUDY
Figure 1. Kifer Receiving Station BESS Location
Project
location "'
~
1 inch = 70 feet A
0 70
•-=:::::i•c:::::J Feet
35 ' Project Area D APN #224-08-085 60 kV Line Figure 1 Kifer Receiving Station BESS Location
KIFER RECEIVING STATION BESS PROJECT 4. PROJECT DESCRIPTION JULY 2023 4-4 FINAL MND/INITIAL STUDY
Figure 2. Preliminary Kifer Receiving Station BESS Layout

PROPOSED FENCE
b j : = I Battery F : f 7 Container Units 80 1 - - 1 Portion of Project _ d ~~~~~ - Owned and Maintained bySVP DO] Scale in Feet D PCS Enclosure Augmentation Source: City of Santa Clara, 2023.
0 20 40
-- 60 kV Interconnection Line

EXISTING WAU

PROPERTY LINE
Figure 2
Preliminary Kifer Receiving
Station BESS Layout
KIFER RECEIVING STATION BESS PROJECT 4. PROJECT DESCRIPTION JULY 2023 4-5 FINAL MND/INITIAL STUDY

4.10.2. Project Objectives
The objectives of the KRS BESS Project are to:
 Improve energy reliability for the City of Santa Clara  Increase the reliability and flexibility of SVPs electrical grid by storing energy  Help to solve California’s “duck curve” power production problem by installing battery energy storage capacity that can be called upon in periods of peak demand

4.10.3. Project Components
The Project involves two major components: the BESS system and a 60 kV line to interconnect to SVP’s grid.

4.10.3.1. Battery Energy Storage System
The proposed BESS facility would use advanced technology batteries and control systems. Construction would require removal of an existing building on-site and removal of trees prior to construction.

Subject to final engineering, the BESS would consist of multiple battery container units that are up to nine feet in height, up to 30 feet long, and up to eight feet wide. Initially, the Project will have up to 64 battery container units. The BESS will also have approximately 16 Power Conversion System (PCS) enclosures. To maintain the capacity of the system, smaller modular battery containers will be added to the site in future years. See Figure 2, Preliminary Kifer Receiving Station BESS Layout.

The battery container units will be separated from each other by at least 8 feet and setback more than 30 feet from off-site properties. Power lines between the PCS units will be underground, but the lines from step up transformers to the SVP junction will be overhead.

The BESS includes the following major equipment and systems:
 Battery container units include battery cells/modules, an HVAC system, a battery management system, and fire suppression equipment;
 The Power Conversion System (PCS) enclosures include an AC/DC inverter, transformer, and controls;  Balance of Plant equipment, which includes a control house with medium voltage (MV) and low voltage electrical systems, fire suppression, HVAC systems, network/Supervisory Control and Data Acquisition (SCADA) systems, power distribution panel boards, and auxiliary power transformers; and  High Voltage (HV) equipment, including a step-up transformer, HV circuit breaker, HV current transformers and voltage transformers, a packaged control enclosure for the HV breaker and transformer equipment, HV towers, structures, and HV cabling.

4.10.3.2. 60 kV Line Interconnection
The Proposed Project would include construction of an overhead 60 kV line constructed by SVP to interconnect the BESS to SVP’s grid. The SVP-owned line would be approximately 300 feet long and supported on 2 light-weight steel monopoles approximately 60 feet tall. Depending on final engineering, SVP will secure an easement from the adjacent property for the interconnection line, if required.

The 60 kV line would interconnect the new Space Park Junction Substation on the Project property to the existing KEN-OKJ 60 kV line, between Kenneth (KEN) Substation and Oaks Junction (OKJ) Substation. This interconnection will be used to receive and deliver energy. Protection and control panel upgrade or configuration also will be required at SVP’s Kenneth and Oaks Junction Substations.

KIFER RECEIVING STATION BESS PROJECT 4. PROJECT DESCRIPTION JULY 2023 4-6 FINAL MND/INITIAL STUDY

4.10.4. Project Construction Activities

4.10.4.1. Staging Area
The Project site is planned to be used as the primary staging area for construction equipment, new materials, and parts for the Project. If additional staging areas or storage space is necessary, Ameresco will rent temporary space near the Project site. Some equipment and materials may be temporarily stored at existing SVP yards prior to delivery to the BESS site. One example of a potential staging area would be SVP’s storage yard located at 1715 Martin Avenue, Santa Clara, CA, which is approximately 1 mile from the Project site. The Project KRS BESS staging area would include temporary portable bathroom facilities; construction equipment storage during off work hours and weekends; materials storage; and a construction trailer.

Access to the site would be from Raymond Street by way of the existing driveway. After pProject completion, all temporary facilities, debris, and old equipment would be removed. As described below, work would occur in phases, with demolition of the existing building occurring before construction activities.

4.10.4.2. Site Work
Site Preparation
Phase 1: Ameresco would obtain a Demolition Permit from the City to demolish the existing building prior to the start of BESS construction.

Phase 2: Site preparation would include all required earthwork and subsurface work. All work activities would take place within the proposed Project area. Installation of temporary fencing to secure the Project area during construction will be installed. Existing vegetation, including trees, within the property would be removed. Overhanging trees outside the property may be trimmed or removed as necessary to ensure safe operation of the BESS facility. Ameresco would consult with the City arborist regarding tree work.

The area would be graded to ensure proper drainage, and grading would occur in coordination with adjacent Kifer Receiving Station projects. If hazardous materials are encountered during building demolition or Project earthwork, the material will be handled consistent with the requirements of State and Federal regulations regarding treatment or disposal and remediation of hazardous materials. Clean fill material may be required to achieve the planned final grade. Soil compaction of the site would be implemented per engineering recommendations.

Construction
Phase 3: Equipment pads and foundations would be installed to support all major equipment. Once foundations are installed, the prefabricated BESS and PCS enclosures and all major equipment would be set in place. Below ground conduit runs for all system required cabling would be installed throughout the BESS yard.

Once all equipment is installed a finished grade for the BESS yard along with an access road around the BESS yard would be installed per CitySVP standards. A permanent chain link fence would be installed on the south and east sides of the Project site and a concrete masonry unit (CMU) wall would be installed on the north and west sides of the site.

SVP would construct the 60 kV line interconnection during Phase 3 of construction.

4.10.4.3. Site Access, Security, and Lighting
Security would consist of a combination of a 10-foot-high chain link fence and CMU block wall. Two controlled gates would access the site from Raymond Street. The gates would be either swinging or sliding KIFER RECEIVING STATION BESS PROJECT 4. PROJECT DESCRIPTION JULY 2023 4-7 FINAL MND/INITIAL STUDY
gates, with a minimum width of 20 feet. This access would be keyed, and a KNOX box1installed to allow only authorized access.

Additional site security measures may include a monitoring camera system designed to cover the entire facility. This system would be remotely monitored, and security breaches would be reported to emergency responders as well as site operators. An intrusion detection system may be installed along perimeter of the fence to alter monitors of breaches. A camera system working in conjunction with the fence intrusion system would decrease the number of false alarms. The Project would comply with North American Energy Reliability Corporation (NERC) and Western Electricity Coordination Council (WECC) requirements for regulatory control and security systems.

Low-level lighting would be installed at the gates and at strategic locations around the facility. All Project lighting would be shielded and directed downward to minimize the potential for glare or spillover onto adjacent properties. The lighting would conform to National Electric Safety Code (NESC) requirements and all applicable City of Santa Clara outdoor lighting standards.

4.10.4.4. Water Use
Water use during construction would be for dust control, concrete cleaning, and basic housekeeping purposes. Adjacent buildings, walls, and trees shelter the site from strong winds. However, ground disturbance could raise dust. This would be controlled by watering. The quantity of water needed would be nominal and would be supplied from existing hydrants and/or trucked to the site. During BESS operation, little water use would be required.

The Project includes installation of two fire hydrants on the site (See Figure 2, Preliminary Kifer Receiving Station BESS Layout). These fire hydrants are for additional fire suppression beyond what is integral to the BESS enclosures, to prevent from the spread of a fire to surrounding properties.

4.10.4.5. Construction Workforce and Equipment
The size of the daily workforce would vary depending on the construction activities occurring on any particular day. Workers would carpool or arrive in crew trucks. It is estimated that the peak number of construction personnel would rarely exceed 25 workers and traffic to and from the site generated by workers and equipment/materials delivery would not exceed a maximum of approximately 30 trips per day. Most workdays would have a smaller workforce and lower trip generation. Table 4-1, Anticipated Personnel and Equipment Required for Project Construction (based on typical estimates), lists the expected equipment and personnel by construction activity. Not all equipment and personnel would be used during all construction phases or activities. This is a preliminary equipment list; other equipment may be identified when Project design is finalized or during construction if unexpected conditions require additional equipment.

Table 4-1. Anticipated Personnel and Equipment Required for Project Construction (based on typical estimates)
Activity People Quantity of Equipment
Survey 1 to 2 1 Pickup truck
BESS Installation 10-15 5 semi-trucks with trailers
1 crane
1 A Knox Box is a small, wall-mounted safe that holds building keys for fire departments, emergency medical services, and sometimes police to retrieve in emergency situations. Local fire departments can hold master keys to all boxes in their response area so that they can quickly enter a facility without having to force entry or find individual keys held in deposit at the station.

KIFER RECEIVING STATION BESS PROJECT 4. PROJECT DESCRIPTION JULY 2023 4-8 FINAL MND/INITIAL STUDY
Table 4-1. Anticipated Personnel and Equipment Required for Project Construction (based on typical estimates)
Activity People Quantity of Equipment
Auger Holes for Wood and Light Duty Poles 3 1 Line truck with auger attachment 1 Pickup truck
1 Backhoe or skid loader
Concrete Pier Foundation Installation 5-6 1 Line truck
1 Backhoe or skid loader
1 Drill rig
1 Crane
1 Water truck
1 Pickup truck
3 Cement trucks
Material Haul 3 1 semi-truck with trailer
Pole Delivery 3 1 Pole delivery truck
1 Pickup or light SUV
Light-Duty Steel Pole Installation (Ground access,
per crew; construction would include 2 crews)
5 per
crew
2 Crew cab truck
2 Line trucks with bucket and trailer
(transports boom and auger)
1 Backhoe or skid loader
Conductor Installation (up to 2 crews may be
present during wire stringing activities)
5 per
crew
1 Line truck or semi-truck with wire reel
2 Pickup trucks
2 Line truck with bucket/crane
1 Line truck with wire puller
1 Line truck with wire tensioner
Table 4-2, Equipment Expected to be Used During Construction, describes the anticipated use of the equipment listed in Table 4-1.

Table 4-2. Equipment Expected to be Used During Construction Equipment Use
Aerial Lift (or Line Truck with Bucket) Lifts crew members to make line connections Auger truck Drill holes for wood pole installation
Cement mixer/truck Deliver and pour concrete foundations Crane Lifting of heavy equipment and poles into place
Crew cab truck or pickup truck Transport personnel
Dump truck Hauling of dirt around site
Excavator Excavating for foundations and removal of existing concrete structures
Generator set Power generation for operation of tools
Line truck (with auger, puller, worker lift
bucket, crane/boom, etc.)
Transport, install or remove, poles, conductor, or materials Mechanics service trucks Service/repair vehicles and construction equipment Mixer Mixing mortar for concrete masonry unit (CMU) walls Reel trailers with reel stands (semi-trailer
or truck mounted type)
Haul conductor
Office trailers Supervision and Project meeting activities Plate compactor Grading, compact soil
Pump Dewatering if groundwater is encountered, removal of foundation slurry, and watering for dirt suppression, if necessary Forklift Loading and Transport of poles
KIFER RECEIVING STATION BESS PROJECT 4. PROJECT DESCRIPTION JULY 2023 4-9 FINAL MND/INITIAL STUDY
Table 4-2. Equipment Expected to be Used During Construction Equipment Use
Roller Soil compaction and paving
Semi-truck (with trailer) Deliver major equipment (BESS and substation) and Haul wire reel
Sweeper/Scrubber Road cleaning, if necessary
Tensioner (line truck mounted) Install conductor
Backhoe or skid loader Grading, backfilling of holes, loading soil Water truck Dust suppression, transport water to concrete foundation locations, water for stabilizing slurry
Welder For any welding that may be required
Worker lift (truck mounted) Lift workers to perform work on structures

4.10.4.6. Construction Traffic and Circulation
Site access for crews, materials, and equipment would be from Raymond Street via the existing driveways.

The driveways are each approximately 25 feet wide. No materials, equipment, or vehicles would be staged in the driveways. Temporary short-term lane closures on some public roads may be required during the 16-month construction period to accommodate delivery of oversized equipment or materials.

4.10.4.7. Vegetation Clearance
There are approximately 11 trees currently on the site, within a planter surrounded by pavement in the parking lot. There is also scattered vegetation surrounding an existing building on the site. All the trees and vegetation would be removed as part of the Project. Tree trimming for trees located on adjacent parcels may be required. SVP would consult with the City Arborist to determine the proper time to remove the trees, outside of nesting bird season, and whether replacement trees would be required to be planted elsewhere in the City.

4.10.4.8. Erosion and Sediment Control and Pollution Prevention A small, temporary stockpile of excavated dirt for foundations may be located onsite. There may be two foundations required. The stockpile would either be spread on the site or transported offsite. Sediment controls would be implemented to prevent water or wind disturbance and migration of the soil.

4.10.4.9. Cleanup and Post Construction Restoration
Construction debris, waste, and old equipment would be reused, recycled, or disposed of in accordance with all laws and regulations regarding the disposal of construction debris.

Waste would be stored in approved on site containers or areas and periodically hauled away for recycling or disposal. SVP would conduct a final site survey to document that clean-up activities have been successfully completed as required.

4.10.4.10. Construction Schedule
Construction is expected to take approximately 16 months and is anticipated to be complete by the end of July 2025. Construction would start with mobilizing construction equipment, crews, and materials to the Project site. In general, after demolition and vegetation removal, construction would begin with site grading and compacting and below grade work (e.g., excavating for the ground grid, holes for poles, and concrete foundations) and would be followed by installation of all major equipment, including battery and PCS enclosures, HV circuit breakers, dead end structures, control houses, and auxiliary transformers.

KIFER RECEIVING STATION BESS PROJECT 4. PROJECT DESCRIPTION JULY 2023 4-10 FINAL MND/INITIAL STUDY
SVP would install the interconnection line between the BESS site and the SVP grid. The KEN-OKJ 60 kV would be deenergized to interconnect the BESS, but no customer outages are expected. When construction is essentially complete, the site would be paved with an aggregate base. Various types of construction activity may occur simultaneously within the site. It is anticipated that to the extent feasible, construction activities would occur between 7:00 a.m. and 6:00 p.m. on weekdays and 9:00 a.m. and 6:00 p.m. on Saturdays, with no work performed on Sundays.

4.10.5. Operation and Maintenance
Once the KRS BESS is energized and interconnected, the pProject would be unmanned. Ameresco’s existing operations and maintenance division would assume inspection, patrol, and maintenance duties.

At least two staff from Ameresco’s operations and maintenance division would be assigned to the Kifer BESS Project, who will perform preventative maintenance. The 60 kV interconnection and the portion of the site supporting the 60 kV substation owned and maintained by SVP would be incorporated into SVP’s existing maintenance programs. The operation and maintenance activities at the BESS would be similar to SVP’s existing activities.

4.10.6. Fire Safety

4.10.6.1. Fire Safety During Construction
Fire protection provided during construction would limit risk of personnel injury, property loss, and potential disruption to the adjacent Kifer Receiving Station.

Fire extinguishers and other portable fire‐fighting equipment would be available onsite and at KRS. These fire extinguishers would be maintained in accordance with local and federal Occupational Safety and Health Administration (OSHA) requirements. Locations of portable fire extinguishers would include, but not be limited to, office spaces, hot work areas, flammable storage areas, and mobile equipment such as work trucks and other vehicles. Fire‐fighting equipment would be marked conspicuously and be accessible. Portable equipment would be routinely inspected, as required by local and federal laws, ordinances, regulations, and standards, and replaced immediately if defective or needing charge. Fire protection would include minimizing flammable materials in the BESS yard, such as vegetation.

4.10.6.2. Fire Safety During BESS Operations
The BESS would comply with the current California Fire Code (CFC), which governs requirements to minimize the risk of fire and life safety hazards specific to battery energy storage systems used for load shedding, load sharing, and other grid services (Chapter 12 Section 1206 of the 2019 CFC). In accordance with the CFC, the battery enclosures and the site installation design are required to be approved by the State Fire Marshal. If applicable, the BESS would be certified to UL 9540, the standard associated with control, protection, power conversion, communication, controlling the system environment, air, fire detection and suppression system related to the functioning of the energy storage system. The battery would be tested to UL 9540A, a test method intended to document the fire characteristics associated with a thermal event or fire and would confirm that the system will self-extinguish without active fire-fighting measures. The system would be designed such that, during a fire event, the results of the UL 9540A test would show that any internal fire is contained within the enclosure and not spread to the other parts of the facility. The results of this test are used to inform facility safety system design and emergency response plans, which would be shared with first responders. The BESS system would be equipped with a dry agent fire suppression system. If smoke or heat were detected, or if the system were manually triggered, an alarm would sound, horn strobes would flash, and the system would release suppressant, typically KIFER RECEIVING STATION BESS PROJECT 4. PROJECT DESCRIPTION JULY 2023 4-11 FINAL MND/INITIAL STUDY
FM-200, NOVEC 1230 or a similar clean agent2from pressurized storage cylinders. However, final safety design would follow applicable standards and would be specific to the battery technology chosen, including, but not limited to, National Fire Protection Association 855 (standard for the Installation of Stationary Energy Storage Systems) and Section 1206 of the California Fire Code.

During O&M activities, standard defensible space requirements would be maintained surrounding any welding or digging operations.

4.10.7. Required Approvals
The Applicant would obtain permits for the Project, as needed. Table 4-3, Permits and Approvals Necessary for the Proposed Project, lists permits and approvals that may be required for Project construction.

Table 4-3. Permits and Approvals Necessary for the Proposed Project Agency Purpose Permit, Approval, or Exemption
State
Regional Water Quality Control Board,
Region 2 (San Francisco Bay)
Consistency with state water
quality standards
 401 Certification
 Storm Water Construction General
Permit 99-08-DWQ
 National Pollutant Discharge and
Elimination System (NPDES) Permit
 Waste Discharge Requirements
(WDRs)
Local
City of Santa Clara Construction and Demolition  Grading and Wall Permits  Traffic Control Plans
 Excavation Permit
 Tree Removal Permit
 Building permit for BESS
 Demolition Permit

4.10.8. Alternatives
The purpose of an alternatives analysis under CEQA is to identify options that would feasibly attain the Project’s objectives while reducing the significant environmental impacts resulting from the proposed Project. CEQA does not require the inclusion of an alternatives analysis in a mitigated negative declaration (MND) because the Initial Study (IS) concludes that, with incorporation of any mitigation measures required, there would be no significant adverse impacts resulting from the proposed Project (CEQA Guidelines Sections 15063(d) and 15071). Therefore, no alternatives analysis is provided in the Initial Study. Building the Project at the proposed site places the BESS close to an existing substation and takes advantage of the existing transmission network already established at and near the site. Any alternative to the Project would require a parcel of land near an SVP substation, which would be difficult to find in the City, which is largely built out.
2 Clean agents, including inert gases, are commonly used to suppress fires in machinery and electrical equipment, including occupied spaces, because they do not damage components and are considered safe for people and the environment.

KIFER RECEIVING STATION BESS PROJECT 5.1. AESTHETICS
JULY 2023 5-1 FINAL MND/INITIAL STUDY

5. ENVIRONMENTAL SETTING AND ENVIRONMENTAL IMPACTS

5.1. Aesthetics

AESTHETICS
Except as provided in Public Resources Code Section 21099, would the project:

Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Have a substantial adverse effect on a scenic vista? b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway?
c. In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Significance criteria established by CEQA Guidelines, Appendix G.

5.1.1. Setting

5.1.1.1. Methodology
Visual or aesthetic resources are the visible natural and cultural features of the environment that contribute to the public’s enjoyment of the environment. Visual resource or aesthetic impacts are generally defined in terms of a project’s physical characteristics and potential visibility and the extent that the Project’s presence would change the visual character and quality of the environment where it would be located.

Visual resources at and near the Project site were assessed in the field and potential visual changes due to Project activities were evaluated. Visual resources of the Project area were investigated based on the following criteria: (1) existing visual quality and scenic attributes of the landscape; (2) location of sensitive receptors in the landscape; (3) assumptions about receptors’ concern for scenery and sensitivity to changes in the landscape; (4) the magnitude of visual changes in the landscape that would be brought about by construction and operation of the proposed Project; and (5) compliance with State, County, and local policies for visual resources. The evaluation of potential changes in the area’s visual character is presented in the following paragraphs.

5.1.1.2. Existing Landscape Setting and Viewer Characteristics This section discusses the existing visual character of the region, existing visual quality in the Project area; viewer concern, and viewer exposure to the proposed Project, leading to a rating of overall visual sensitivity. Also discussed are the existing sources of light and glare within the Project area.

Aesthetic Context of the Project and its Vicinity. The proposed Project would be located on an existing SVP property in an urbanized area of the City of Santa Clara. The site is located on a public surface street.

The Project vicinity is highly developed, with the SVP Kifer Substation to the east, low intensity office developments to the north and west, and a continuation of the SVP parcel to the south. All parcels in the □ □ □ ~
□ □ □
□ □ □
□ □ □
KIFER RECEIVING STATION BESS PROJECT 5.1. AESTHETICS
JULY 2023 5.1-2 FINAL MND/INITIAL STUDY
Project vicinity are zoned for either Light Industrial use or Public or Quasi Public use, the latter of which is used for substations.

The land use in the area is a mix of light industrial and low intensity office/R&D, which includes data centers. The proposed Project site is not located in an area designated as a protected scenic resource and is therefore not subject to scenic protection standards. In addition, the proposed site is not located near an officially designated scenic highway (Caltrans, 2023).

Existing Views of the Project. Views of the proposed Project are limited by its location behind existing industrial developments, office buildings, and vegetation. The closest residential community to the Project is approximately 0.55 miles to the northeast. The Project would not be visible from this location due to the distance and dense urban development in the area. There are several trees on the site which would be removed during site preparation, as part of the Project.

Viewer Concern and Sensitivity to Visual Change. Viewer concerns regarding the observed landscape are shaped by expectations of what the viewer will experience and by existing conditions. The Project site currently supports a building which is no longer in use. The building is currently overgrown with vegetation. These visual elements have been long established in the landscape. As well, the surroundings on all sides of the site consist of a densely built environment, with no sensitive receptors. The visual change proposed at the site would be largely viewed from nearby or adjacent businesses. The wall proposed to surround the site would screen ground-level views. There are no transmission poles currently at the site, and two poles would be added, neither of which would be directly on a public street. The new transmission line would interconnect with an existing transmission line. The visual change due to the Project would be visible to a limited number of people, mostly people who work at the adjacent office buildings, and would be consistent with the current visual character of the site and vicinity.

5.1.1.3. Regulatory Background
This section includes a description of the aesthetic resources’ regulatory framework. There are no federal or state regulations or policies related to aesthetic resources applicable to the Project.

Local
City of Santa Clara General Plan. The City’s land use policies consider the effects of development to public facilities and infrastructure. The following policies in the General Plan generally relate to the proposed Project (City of Santa Clara, 2014):
 Policy 5.3.1‐P27. Encourage screening of above‐ground utility equipment to minimize visual impacts.  Policy 5.3.1‐P28. Encourage undergrounding of new utility lines and utility equipment throughout the City.
 Policy 5.3.1‐P29. Encourage design of new development to be compatible with, and sensitive to, nearby existing and planned development, consistent with other applicable General Plan policies.

5.1.2. Environmental Impacts and Mitigation Measures
a. Would the project have a substantial adverse effect on a scenic vista? NO IMPACT. The flat topography and developed character of this part of the City of Santa Clara does not provide scenic vistas, which typically are views of open spaces or views from elevated topographic positions. The nearest mountains or areas of high elevation that would provide panoramic views that could include the Project site are over 5 miles away. Views from these locations would overlook the highly KIFER RECEIVING STATION BESS PROJECT 5.1. AESTHETICS
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developed urban landscape, within which the BESS facility would be indiscernible. The Project would therefore result in no impact to a scenic vista.
b. Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? NO IMPACT. The proposed Project would require vegetation and tree removal. The Project site is not visible from a scenic highway or an historic building. Based on these conditions, there would be no impacts to scenic resources within a State scenic highway.
c. In non-urbanized areas, would the project substantially degrade the existing visual character or quality of the public views of the site and its surroundings? (Public views are those that are experienced from a publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? LESS THAN SIGNIFICANT. The Project is located in an urbanized area with primarily light industrial and low intensity office/R&D land uses, as defined in the City of Santa Clara General Plan. An abandoned building currently sits on the site.

In the short term, the presence of equipment and vehicles may be noticeable to the nearby businesses and persons using local roads. However, construction activities would be temporary.

Currently, the site is paved, and the site would be paved as part of the Project. The existing building, all vegetation, and all trees on the site would be removed. If necessary, trimming overhanging vegetation from adjacent parcels would be conducted. This removal would change the Project site, but would not be a significant change within the overall landscape, due to the urbanized character of area.

The proposed Project would be consistent with applicable zoning, regulations and the applicable policies of the City of Santa Clara General Plan, as noted in Section 5.1.1 and in Section 5.11 (Land Use); thus, the impact would be less than significant.
d. Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
LESS THAN SIGNIFICANT. Construction activities would occur during daylight hours and would not include nighttime work that would necessitate the use of lighting within work areas. The surfaces of new structures and enclosures would be non-reflective and would not create glare. The existing nighttime lighting at the site consists of one light in the existing parking area and two street lights across the street from the Project site on Raymond Street. Adjacent properties also have night lighting.

For safety and security, low level lighting would be installed at the gates and at strategic locations around the facility. All Project lighting would be shielded and directed downward to minimize the potential for glare or spillover onto adjacent properties. The lighting would conform to National Electric Safety Code (NESC) requirements and all applicable City of Santa Clara outdoor lighting standards.

There is existing lighting from the industrial developments near the entrance to the Project site on Raymond Street. The new lighting would be minimal and would not adversely affect the day or nighttime views in the area, therefore, the impact would be less than significant.

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5.2. Agriculture and Forestry Resources

AGRICULTURE AND FORESTRY RESOURCES
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board.

Would the project:

Potentially
Significant
Impact
Less than
Significant
With Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
b. Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
d. Result in the loss of forest land or conversion of forest land to nonforest use? e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? Significance criteria established by CEQA Guidelines, Appendix G.

5.2.1. Setting
The proposed Project is located in a developed area with no agricultural activity or forestry resources at or near the site. The surrounding lands are designated as Urban and Built-Up Land under the California Department of Conservation (DOC) Farmland Mapping and Monitoring Program (FMMP) (DOC, 2022). The properties in the areas along the proposed Project are not under California Land Conservation Act of 1965 (referred to as the Williamson Act) contracts (DOC, 2017).

5.2.1.1. Regulatory Background
This section includes a description of the agriculture and forestry resources regulatory framework. There are no federal or local regulations associated with agriculture and forestry resources that are relevant to the proposed Project.
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KIFER RECEIVING STATION BESS PROJECT 5.2. AGRICULTURE AND FORESTRY RESOURCES JULY 2023 5.2-2 FINAL MND/INITIAL STUDY
State
Farmland Mapping and Monitoring Program (FMMP). The FMMP was established in 1982 to identify various categories of farmland throughout California and to assess the location, quantity, and quality of agricultural lands and conversion of these lands to other uses.

Williamson Act. The Williamson Act is intended to help preserve farmland by allowing counties to enter into contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space use in return for a reduction in assessed property taxes. As stated in Section 51222 of the California Government Code, the minimum acreage requirement for individual parcels to enter into Williamson Act contracts is 100 acres.

5.2.2. Environmental Impacts and Mitigation Measures
a. Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as Shown on the Maps Prepared Pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to Non-agricultural use? NO IMPACT. The proposed Project site and all of the land in the vicinity are designated as Urban and BuiltUp Land. Agriculture is not practiced in the area. The proposed Project would not result in conversion of Farmland to non-agricultural use.
b. Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract? NO IMPACT. The City of Santa Clara does not participate in the Williamson Act. There is no designated zoning for agricultural use, and the City of Santa Clara General Plan does not include an Agriculture Element. The proposed Project route would not conflict with zoning for agricultural use. c. Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
NO IMPACT. The proposed Project route is in an urban area and is not forested. The proposed Project would not conflict with zoning for forest land, timberland, or timber production. d. Would the project result in the loss of forest land or conversion of forest land to non-forest use? NO IMPACT. The proposed Project would not affect any forest land since the proposed Project site is located in an urban area that is not forested. There would be no conversion of forest land to non-forest use. e. Would the project involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? NO IMPACT. There is no Farmland, agriculture, or forestland along or near the proposed Project. The proposed Project would not result in changes in the environment that would result in the conversion to nonagricultural or non-forest uses.

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5.3. Air Quality

AIR QUALITY
Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.

Would the project:

Potentially
Significant
Impact
Less than
Significant
With Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a. Conflict with or obstruct implementation of the applicable air quality plan?
b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable Federal or State ambient air quality standard?
c. Expose sensitive receptors to substantial pollutant concentrations? d. Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Significance criteria established by CEQA Guidelines, Appendix G.

5.3.1. Setting
Air Basin. The KRS BESS Project would be in the San Francisco Bay Area air basin in the jurisdiction of the Bay Area Air Quality Management District (BAAQMD), which regulates sources of air pollution and the programs to improve air quality in the region. The San Francisco Bay Area air basin is characterized by complex terrain, consisting of coastal mountain ranges, inland valleys, and bays, which distort normal wind flow patterns. The Coast Range has a western coastal gap, the Golden Gate, and an eastern coastal gap, the Carquinez Strait, which allow air to flow in and out of the Bay Area air basin and California’s Central Valley (BAAQMD, 2017).

Criteria Air Pollutants. Air quality is determined by measuring ambient concentrations of certain criteria air pollutants. The criteria pollutants are ozone, respirable particulate matter (PM10), fine particulate matter (PM2.5), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), and lead. Ozone is an example of a secondary pollutant that is not emitted directly from a source (e.g., an automobile tailpipe), but it is formed in the atmosphere by chemical and photochemical reactions. Reactive organic gases (ROG), including volatile organic compounds (VOC), and nitrogen oxides (NOx) are regulated as precursors to ozone formation.

The California Air Resources Board (ARB) and the U.S. Environmental Protection Agency (U.S. EPA) have independent authority to develop and establish health-protective ambient air quality standards, although the different legislative and scientific contexts cause some diversity between State and Federal standards currently in effect in California. The monitored levels of the pollutants are compared to the current National and California Ambient Air Quality Standards (NAAQS and CAAQS) to determine degree of existing air quality degradation. The standards currently in effect in California are shown in Table 5.3-1.

Table 5.3-1. National and California Ambient Air Quality Standards Pollutant Averaging Time California Standards National Standards Ozone 1-hour
8-hour

0.09 ppm

0.070 ppm
—

0.070 ppm
Respirable Particulate Matter (PM10) 24-hour
Annual Mean
50 µg/m3
20 µg/m3
150 µg/m3
—
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Table 5.3-1. National and California Ambient Air Quality Standards Pollutant Averaging Time California Standards National Standards Fine Particulate Matter (PM2.5) 24-hour
Annual Mean
—
12 µg/m3
35 µg/m3

12.0 µg/m3
Carbon Monoxide (CO) 1-hour
8-hour
20 ppm

9.0 ppm
35 ppm
9 ppm
Nitrogen Dioxide (NO2) 1-hour
Annual Mean

0.18 ppm

0.030 ppm

0.100 ppm

0.053 ppm
Sulfur Dioxide (SO2) 1-hour
24-hour
Annual Mean

0.25 ppm

0.04 ppm
—

0.075 ppm

0.14 ppm

0.030 ppm
Notes: ppm=parts per million; µg/m3= micrograms per cubic meter; “—“ = no standard Source: ARB, 2016.

Ambient Air Quality Attainment Status and
Air Quality Plans. The U.S. EPA, ARB, and the
local air district classify an area as attainment,
unclassified, or nonattainment of a pollutant,
and these designations dictate the air quality
management planning activities needed make
future air pollutant reductions. The classification depends on whether the monitored ambient air quality data show compliance, insufficient data available, or non-compliance with the ambient air quality standards, respectively. Table 5.3-2 summarizes attainment status in the San Francisco Bay Area air basin
for the criteria pollutants under both the state
and federal standards.

Toxic Air Contaminants. Toxic air contaminants (TACs) are air pollutants that may lead to serious illness or increased mortality, even when present in relatively low concentrations. Potential human health effects of TACs include birth defects, neurological damage, cancer, and death. There are hundreds of different types of TACs with varying degrees of toxicity. Individual TACs vary greatly in the health risk they present; at a given level of exposure, one TAC may pose a hazard that is many times greater than another’s. TACs do not have ambient air quality standards but are regulated by the local air districts using a risk-based approach. Diesel particulate matter (DPM) is classified as a TAC, and statewide and local programs focus on managing this pollutant through motor vehicle fuels, engine, and tailpipe standards because many toxic compounds adhere to diesel exhaust particles. The KRS BESS Project would not be considered a stationary source subject to risk assessment programs.

Sensitive Receptors. Residential areas, day care centers, hospitals, and schools are some examples of sensitive receptors. The BAAQMD defines sensitive receptors as facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses (BAAQMD, 2017). The site is surrounded by other light industrial uses, including office buildings and utilities. No air quality sensitive receptors are located within 1,000 feet of the Project site.

Table 5.3-2. Attainment Status for San
Francisco Bay Area
Pollutant California Designation Federal Designation
Ozone Nonattainment Nonattainment
PM10 Nonattainment Unclassified/Attainment
PM2.5 Nonattainment Nonattainment
CO Attainment Attainment
NO2 Attainment Unclassified/Attainment
SO2 Attainment Unclassified/Attainment
Source: BAAQMD, 2023.

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5.3.1.1. Regulatory Background
California Clean Air Act. The California CAA and the California Health and Safety Code requires each region to develop and implement strategies to attain CAAQS and establishes broad authority for California to regulate emissions from mobile sources. The BAAQMD must periodically prepare air quality management plans to show how the standards will be met. The 2017 Bay Area Clean Air Plan is the current control strategy to reduce emissions of ozone precursors and reduce transport of ozone and its precursors to neighboring air basins.

U.S. EPA/ARB Off-Road Mobile Sources Emission Reduction Program. The California Clean Air Act mandates that ARB achieve the maximum degree of emission reductions from all off-road mobile sources in order to attain the state ambient air quality standards. Off-road mobile sources include construction equipment. The earliest (Tier 1) standards for large compression-ignition engines used in off-road mobile sources became effective in California in 1996. Since then, the Tier 3 standards for large compressionignition engines used in off-road mobile sources went into effect in California for most engine classes in 2006, and Tier 4 or Tier 4 Interim (4i) standards apply to all mobile off-road diesel engines model year 2012 or newer. Engines used in large generator sets became subject to Tier 4 exhaust emissions standards for model year 2015 and newer. These standards address NOx emissions and toxic particulate matter from diesel combustion. The California Emission Standards for Off-Road Compression-Ignition Engines are as specified in California Code of Regulations (CCR) Title 13, Division 3, Chapter 9, Article 4, Section 2423.

ARB In-Use Off-Road Diesel-Fueled Fleets Regulation. The regulation for in-use off-road diesel-fueled fleets is designed to reduce mobile-source NOx and toxic DPM. Depending on the size of the fleet of equipment, the fleet owner must ensure that the average emissions performance of the fleet meets certain statewide standards. In lieu of improving the emissions performance of the fleet, electric systems can be installed to replace diesel equipment in the fleet average calculations. Presently, all equipment owners are subject to a five-minute idling restriction in the rule (13 CCR, Chapter 10, Section 2449).

ARB Portable Equipment Registration Program (PERP). This program allows owners or operators of portable engines and associated equipment commonly used for construction or farming to register their units under a statewide portable program that allows them to operate their equipment throughout California without having to obtain individual permits from local air districts.

ARB Airborne Toxic Control Measures (ATCM). Diesel engines on portable equipment and vehicles are subject to various ATCMs that dictate how diesel sources must be controlled statewide. For example, the ATCM to Limit Diesel-Fueled Commercial Motor Vehicle Idling generally limits idling of commercial motor vehicles (including buses and trucks) within 100 feet of a school or residential area for more than five consecutive minutes or periods aggregating more than 5 minutes in any one hour (13 CCR, Chapter 10, Section 2485). Diesel engines used in portable equipment fleets are subject to stringent DPM emissions standards, generally requiring use of only newer engines or verified add-on particulate filters (17 CCR Section 93116).

City of Santa Clara General Plan. The City of Santa Clara, 2010-2035 General Plan (General Plan) includes the following air quality goals and policies to help promote sustainability and encourage land use and transportation patterns that reduce air pollutant emissions and to provide adequate buffer distances between sources and receptors (City of Santa Clara, 2014):
Goal 5.10.2‐G1. Improved air quality in Santa Clara and the region. Goal 5.10.2‐G2. Reduced greenhouse gas emissions that meet the State and regional goals and requirements to combat climate change. Policy 5.10.2‐P3. Encourage implementation of technological advances that minimize public health hazards and reduce the generation of air pollutants.

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Policy 5.10.2‐P4. Encourage measures to reduce greenhouse gas emissions to reach 30 percent below 1990 levels by 2020.
Policy 5.10.2‐P5. Promote regional air pollution prevention plans for local industry and businesses. Policy 5.10.2‐P6. Require “Best Management Practices” for construction dust abatement. Policy 5.10.5-P35. Establish minimum buffers between odor sources and new residential or other uses with sensitive receptors, consistent with BAAQMD guidelines, unless a project‐specific study demonstrates that these risks can be reduced to acceptable levels.

The 2010-2035 General Plan also includes certain prerequisite goals and policies to support major strategies in the City and generally recognize the importance of planning from a “big picture” perspective, including the protection of community health, as follows (City of Santa Clara, 2014):
Policy 5.1.1-P24. Prior to the implementation of Phase III, the City will include a community Risk Reduction Plan (“CRRP”) for acceptable Toxic Air Contaminant (“TAC”) concentrations, consistent with the Bay Area Air Quality Management District (“BAAQMD”) CEQA Guidelines, including risk and exposure reduction targets, measures to reduce emissions, monitoring procedures, and a public participations process.

BAAQMD CEQA Guidelines Thresholds of Significance. The BAAQMD developed the following thresholds as recommendations for use in the CEQA process. For construction-related criteria air pollutant emissions, construction of a project may cause a significant impact if it would:
 Emit more than 54 pounds per day (lb/day) of reactive organic gases (ROG) or volatile organic compounds (VOC);  Emit more than 54 lb/day of nitrogen oxides (NOx);
 Emit more than 82 lb/day of PM10 from exhaust; or
 Emit more than 54 lb/day of PM2.5 from exhaust.

Similar thresholds exist for a project during operation along with a threshold for localized concentrations of CO greater than 9 ppm (8-hour average) or 20 ppm (1 hour average). For PM10 and PM2.5 related to construction fugitive dust, the BAAQMD recommends that every project should include best management practices rather than achieve specific fugitive dust emissions thresholds. The basic construction emissions control measures appear in the BAAQMD CEQA Guidelines (BAAQMD, 2017).

5.3.2. Environmental Impacts and Mitigation Measures
a. Would the project conflict with or obstruct implementation of the applicable air quality plan? NO IMPACT. The BAAQMD is the primary agency responsible for managing local air quality and administering other California and federal programs ensuring implementation of the air quality management plan.

The 2017 Bay Area Clean Air Plan is the BAAQMD’s current plan to achieve state and national ambient air quality standards, comply with California and federal air quality planning requirements, and maintain healthy air in the San Francisco Bay Area.

The BAAQMD recommends evaluating whether local long-range plans: (a) support the primary goals of the 2017 Clean Air Plan; (b) include relevant control measures; and (c) do not interfere with implementation of 2017 Clean Air Plan control measures. The BAAQMD’s 2017 Clean Air Plan anticipates that electricity consumption and demand for electricity will increase as a result of economic and demographic growth and due to increased electrification caused by shifting energy demand away from fossil fuels. The Proposed Project would modify the existing SVP infrastructure to provide an electric transmission system resource that delivers stored electricity during peak times. By improving the delivery of electricity to the transmission system, the Project would support the primary goals of the 2017 Clean Air Plan and increased KIFER RECEIVING STATION BESS PROJECT 5.3. AIR QUALITY
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electrification of energy demands. No control measures from the plan would be directly applicable to the Project, and the Project would not disrupt or hinder implementation of any plan control measures.

A Pproject could be found inconsistent with the applicable air quality management plan or attainment plan if it could cause population and/or employment growth or growth in vehicle-miles traveled in excess of the growth forecasts included in the air quality attainment plan. Since the Project would be unmanned, the Project would not require any new permanent full-time or part-time staff after construction is complete. Ameresco’s existing operations and maintenance division will assign two staff who would provide O&M services as needed. Therefore, the Project would not conflict with or obstruct implementation of the applicable air quality plan. No impact would occur, and no mitigation is required. b. Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED – CONSTRUCTION. The construction-related increase in air pollutant emissions would occur in the regional context of the San Francisco Bay Area air basin that is currently designated as “nonattainment” for ozone, PM10, and PM2.5 (Table 5.3-2, Attainment Status for San Francisco Bay Area).

The construction-phase activities include mobilizing vehicles and equipment for demolition and construction, crews, and materials. The site work would include demolition of the existing building, vegetation removal, grading, installing concrete foundations, installing prefabricated equipment, paving, and installing poles for the 60 kV line interconnection. These activities during construction would generate emissions at the work area and along the roadways used to access the site.

Construction emissions would be caused by exhaust from vehicles and equipment (e.g., ozone precursors [volatile organic compounds and NOx], CO, and particulate matter [PM10 and PM2.5]) and fugitive dust that includes particulate matter from ground-disturbing activities. The mobile sources would be a mix diesel-powered off-road construction equipment types, including: cranes, lifts, loaders, an auger drill rig, rollers, and small welders. On-road mobile sources would include diesel and gasoline-powered vehicles for linework and trucks for deliveries of concrete, water and other materials. Outside of the work site, construction traffic would cause exhaust emissions from the trucks and other vehicles used by crews, materials, and equipment to access the work site.

Construction is expected to take approximately 16 months. The peak number of construction personnel would be 25 workers, and traffic to and from the site during construction would not exceed approximately 30 trips per day.

Project-related construction emissions calculations rely on factors from the ARB EMFAC2017 model and other databases embedded in the California Emissions Estimator Model (CalEEMod), version 2020.4.0.

The detailed emission calculations are based on the proposed workforce and types of equipment (see Project Description, Section 4.10.4). The activity details that were modeled and the results appear in CalEEMod output files (Aspen, 2023). Table 5.3-3 summarizes the maximum daily emission rates of the Proposed Project construction activity.

Table 5.3-3. Estimated Maximum Daily Construction Emissions (lb/day) Construction Activity VOC NOx CO SO2
PM10
(exhaust)
PM2.5
(exhaust)
Demolition 1.4 13.6 12.1 0.0 0.6 0.5
Site Preparation, Foundations 1.9 18.3 19.5 0.0 0.7 0.6 BESS Installation, Tie-Line 2.2 19.5 24.6 0.1 0.7 0.7
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Construction Activity VOC NOx CO SO2
PM10
(exhaust)
PM2.5
(exhaust)
Paving 0.7 6.5 9.6 0.0 0.3 0.2
Cleanup 30.5 2.3 2.6 0.0 0.1 0.1
Maximum Daily
Construction Emissions 30.5 19.5 24.6 0.1 0.7 0.7
Threshold of Significance 54 54 None None 82 54
Source: CalEEMod Output Files; Aspen Environmental Group, 2023.

Table 5.3-3 shows that Project construction would not exceed the thresholds for individually significant Project impacts. With implementation of basic control measures recommended by BAAQMD, construction-related criteria air pollutants would not exceed thresholds that indicate cumulatively considerable levels.

The thresholds of significance (BAAQMD, 2017) recommended by the BAAQMD define mass emission rates that represent a potentially significant net increase for ozone precursor emissions (NOx or VOC) or exhaust emissions of particulate matter (PM10 and PM2.5). For construction dust, the BAAQMD recommends a qualitative approach emphasizing implementation of effective emissions control measures that avoid causing a cumulatively considerable net increase. The qualitative approach to reducing dust reflects the nature of construction phase emissions that are generally short‐term in duration.

Concurrent construction of other projects near the Project site could result in increased local air quality impacts for the duration of simultaneous construction activities (Section 5.22). Emissions generated by Project construction would be temporary and variable and would be similar in nature to emissions from other typical and nearby construction activities. Simultaneous construction of other cumulative projects near the Project site would also be likely to implement general BAAQMD recommendations for minimizing air quality impacts. All activities must comply with BAAQMD rules regarding dust control.

To ensure that a cumulatively considerable net increase of emissions would not occur due to construction dust, basic construction emissions control strategies are drawn from BAAQMD guidance (BAAQMD, 2017).

The basic construction emissions control strategies represent “Best Management Practices” consistent with City of Santa Clara air quality policies. The recommended emissions control measures appear in Mitigation Measure AQ-1.

With mitigation, construction of the Project would not result in a cumulatively considerable net increase of any criteria pollutants for which the region in is nonattainment, and the construction-related emissions would not substantially contribute to any air quality violation. This impact would be less than significant.

Mitigation Measure for Construction-Phase Air Quality
MM AQ-1 Implement Basic Construction Air Quality Mitigation. The Project shall ensure that basic construction emissions control measures are implemented as “Best Management Practices,” as follows:
 All exposed soil surfaces (e.g., parking areas, staging areas, soil piles, and graded areas) shall be watered two times per day.
 All haul trucks transporting soil, sand, or other loose material off-site shall be covered.  All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

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 All areas to be paved shall be completed as soon as possible. Foundation pads shall be laid as soon as possible after grading.
 Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]).

Clear signage regarding idling shall be provided for construction workers at all access points.
 All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.  Post a publicly visible sign with the telephone number and person to contact at SVP regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.

LESS THAN SIGNIFICANT – OPERATION AND MAINTENANCE. Operational emissions would be limited to the vehicle and equipment used for periodic maintenance, repair, and inspection of the KRS BESS Project. The Project would be unmanned, and monitoring and control functions for the new facilities would be assumed by Ameresco’s existing staff. No additional operations staff would be hired by SVP as a result of the Project being put into service. Operational activities would not result in any net increase in mobile source emissions due to workers or staff maintaining the facility, and no new stationary sources are proposed.

As a result, operation of the KRS BESS Project would not result in a cumulatively considerable net increase of any criteria pollutant. This impact would be less than significant, and no mitigation would be required during operations.
c. Would the project expose sensitive receptors to substantial pollutant concentrations? LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED – CONSTRUCTION. Construction would generate toxic air contaminants routinely found in the exhaust of gasoline powered motor vehicles and of diesel-fueled equipment, including diesel particulate matter (DPM). The Project would not involve any permanent or stationary sources of air pollution, but construction would temporarily bring construction equipment into the Project site and onto roadways accessing the site. For assessing community risks and hazards, the BAAQMD recommends evaluation of sources and receptors within 1,000 feet of the Project property boundary (BAAQMD, 2017). No air quality sensitive receptors are located within 1,000 feet of the Project site.

Short‐term emissions associated with construction would occur onsite and along the roadways accessing the work areas, and the activities would be variable in sequence and timing. The proposed activities include mobilizing vehicles and equipment for demolition and construction, crews, and materials, and use of fleet of diesel-powered offroad equipment on the site to install the Project components.

Construction equipment and vehicles would access and move within the Project site throughout the construction duration of approximately 16 months. Within the overall duration, the emissions would vary and would not occur for long periods; this minimizes the potential that any location would be exposed to substantial pollutant concentrations.

Construction contractors would be required to control dust to avoid creating a nuisance, and the off-road diesel-fueled fleets regulation requires achieving a feasible level of control to minimize diesel exhaust emissions. Implementing “Best Management Practices” would minimize the emissions of pollutants, including dust and DPM or other toxic air contaminants. Mitigation Measure AQ-1, identified under criterion “b” in this section, would control dust, limit equipment idling times, and properly maintain equip- KIFER RECEIVING STATION BESS PROJECT 5.3. AIR QUALITY
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ment to reduce construction phase emissions to levels below the applicable thresholds of significance.

Implementing the best practices identified in the mitigation measure would ensure that receptors would not be exposed to substantial concentrations. Impacts under this criterion would be less than significant with mitigation for construction emissions.

Mitigation Measure for Construction-Phase Air Quality
MM AQ-1 Implement Basic Construction Air Quality Mitigation [see full text under Item (b) above.] LESS THAN SIGNIFICANT –OPERATION AND MAINTENANCE. During Project operations, emissions would result from limited use of vehicles for routine maintenance, repair, and inspection. Operational activities would not result in any net increase in mobile source emissions that could expose sensitive receptors to substantial concentrations of air pollutants. This impact would be less than significant, and no mitigation would be required during operations.
d. Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
LESS THAN SIGNIFICANT. The Project would not include any sources likely to create objectionable odors.

Construction would involve the temporary use of vehicles and construction equipment and materials, such as fuels and lubricants, that may generate intermittent, minor odors. Odors that occur in equipment exhaust would be minimized by mandatory use of ultra-low sulfur diesel fuel. Emissions of this nature would occur briefly during construction and would cease at the end of construction. There would be no notable impact of objectionable odors affecting a substantial number of people. This impact would be less than significant, and no mitigation is required.

KIFER RECEIVING STATION BESS PROJECT 5.4. BIOLOGICAL RESOURCES JULY 2023 5.4-1 FINAL MND/INITIAL STUDY

5.4. Biological Resources

BIOLOGICAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
c. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan? Significance criteria established by CEQA Guidelines, Appendix G.

5.4.1. Setting
This section describes the existing biological resources that occur in the proposed Project area. The Project site is located on a fully developed parcel in the City of Santa Clara, surrounded by urban development.

The Project site has been developed and physically altered such that native vegetation communities are no longer present. A few trees are located in the northern portion of the Project area. Ornamental landscaping is also present along the northern and northeastern property line and around the existing, vacant building on the site.

5.4.1.1. Special-Status Plants and Animals
Due to the absence of suitable habitat in this highly urbanized environment there are no special-status plants or animals likely to occur in the Project area. The ground cover on the Project site is concrete pavement, and the limited vegetation consists of ornamental landscaping and approximately 11 trees.

Animals that may occur in the vicinity would include urban-adapted birds and mammals such as raccoon, skunk, and opossum. Except for a driveway onto the property, access to and through the site is impeded by existing fencing and adjacent urban development.
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KIFER RECEIVING STATION BESS PROJECT 5.4. BIOLOGICAL RESOURCES JULY 2023 5.4-2 FINAL MND/INITIAL STUDY

5.4.1.2. Nesting Birds
A variety of birds adapted to the urban environment may nest in the vicinity. Nests may be built in the trees or other vegetation, on the ground, or on structures on or near the site. Nesting birds are protected under the Migratory Bird Treaty Act (MBTA) as well as California Fish and Game Code.

5.4.1.3. Jurisdictional Waters
There are no jurisdictional waters or features within the Project site.

5.4.1.4. Regulatory Background
Federal
Federal Endangered Species Act of 1973 (16 U.S.C. § 1538). The federal Endangered Species Act (FESA) designates and provides for protection of threatened and endangered plant and wildlife species and their critical habitat. “Take” of a federally listed species is prohibited without the appropriate permits, which may be obtained through Section 7 consultation (between federal agencies) or a Section 10 Habitat Conservation Plan.

Migratory Bird Treaty Act (16 U.S.C. §§ 703–711). The Migratory Bird Treaty Act (MBTA) of 1918 protects all migratory birds. Birds protected under the MBTA include all native waterfowl, shorebirds, hawks, eagles, owls, doves, and other common birds such as ravens, crows, sparrows, finches, swallows, and others, including their body parts (for example feathers and plumes), active nests, and eggs. A complete list of protected species is found at 50 CFR 10.13. Enforcement of the provisions of the MBTA is the responsibility of USFWS.

Clean Water Act (33 USC §§ 1251-1376). The Clean Water Act (CWA) regulates the chemical, physical, and biological integrity of the nation’s waters. Section 401 of the CWA requires that an applicant obtain State certification for discharge into waters of the United States. The Regional Water Quality Control Boards administer the certification program in California. Section 404 of the CWA established a permit program, administered by the U.S. Army Corps of Engineers, to regulate the discharge of dredged or fill material into waters of the United States, including wetlands.

State
CEQA Guidelines § 15380. Enacted in 1970, CEQA requires an applicant to fully disclose environmental impacts before issuance of a permit by state and local agencies. State CEQA Guidelines Section 15380(b) articulates the classifications of species to be analyzed under CEQA. In general, impacts to plants or their habitat having a California Rare Plant Rank of 1A (plants presumed extirpated in California and either rare or extinct elsewhere), 1B (plants rare, threatened, or endangered in California and elsewhere), 2A (plants presumed extirpated in California, but common elsewhere), 2B (plants rare, threatened, or endangered in California), or 3 (plants about which more information is needed — a review list) must be analyzed during preparation of the environmental documents relating to CEQA. According to the California Native Plant Society’s (CNPS) Rare Plant Program, species with these California Rare Plant Rank rankings meet the definition of “rare and endangered” under the CEQA Guidelines.

California Endangered Species Act (CESA) (CFGC §§ 2050-2098). Sections 2050-2098 of the California Fish and Game Code (CFGC) prohibit the take of state-listed endangered and threatened species unless specifically authorized by CDFW. The state definition of “take” is to hunt, pursue, catch, capture, or kill a member of a listed species or attempt to do so. CDFW administers the California Endangered Species Act (CESA) and authorizes take-through permits or memoranda of understanding issued under Section 2081 of the CFGC or through a consistency determination issued under Section 2080.1. A consistency determination allows CDFW to authorize a project to proceed if that agency agrees with terms and conditions KIFER RECEIVING STATION BESS PROJECT 5.4. BIOLOGICAL RESOURCES JULY 2023 5.4-3 FINAL MND/INITIAL STUDY
developed for a federal Biological Opinion and Incidental Take Permit. Section 2090 of CFGC requires state agencies to comply with threatened and endangered species protection and recovery and to promote conservation of these species.

Fully Protected Species (CFGC §§ 3511, 4700, 5050, and 5515). CFGC designates certain animal species as “fully protected” under Sections 3511 (birds), 4700 (mammals), 5050 (reptiles and amphibians), and 5515 (fish). “Take” permits for fully protected species may only be issued for fully protected species that are “covered” species in a Natural Community Conservation Plan (NCCP). Fully protected species in the San Francisco Bay Area include species such as the California clapper rail (Rallus longirostris obsoletus), brown pelican (Pelecanus occidentalis), and peregrine falcon (Falco peregrinus).

CFGC Protection for Birds (CFGC § 3503 et seq.). CFGC Section 3503 states that it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by this code or any regulation made pursuant thereto. Section 3503.5 makes it unlawful to take, possess, or destroy any birds of prey or to take, possess, or destroy the nest or eggs of any such bird. Section 3513 makes it unlawful to take or possess any migratory non-game birds designated under the MBTA, except as provided by rules and regulations adopted under the MBTA.

California Species of Special Concern. “Species of Special Concern” is a designation assigned by the CDFW to species it considers at risk. Species of Special Concern meet one or more of the following criteria: (1) is extirpated from the State or, in the case of birds, in its primary seasonal or breeding role; (2) is federally, but not State, listed as threatened or endangered; meets the State definition of threatened or endangered but has not formally been listed; (3) is experiencing, or formerly experienced, serious (noncyclical) population declines or range retractions (not reversed) that, if continued or resumed, could qualify it for State threatened or endangered status; (4) has naturally small populations exhibiting high susceptibility to risk from any factor(s), that if realized, could lead to declines that would qualify it for State threatened or endangered status. “Species of Special Concern” is an administrative designation intended to focus attention on at-risk species during environmental review and conservation planning. Species of Special Concern should be considered during the environmental review process. CEQA (California Public Resources Code §§ 21000-21177) requires state agencies, local governments, and special districts to evaluate and disclose impacts from “projects” in the state. Because Section 15380 of the CEQA Guidelines defines endangered, rare or threatened species to include species which meet criteria consistent with the criteria required for listing under the federal and/or state endangered species acts regardless of whether such species are formally listed, Species of Special Concern are appropriately considered in the analysis of Project impacts.

Porter-Cologne Water Quality Control Act (Water Code Section 13000 et seq.) This act regulates surface water and groundwater and assigns responsibility for implementing federal CWA Section 401. It established the State Water Resources Control Board (SWRCB) and nine Regional Water Quality Control Boards (RWQCBs) to protect State waters.

Local
City of Santa Clara General Plan. The City of Santa Clara General Plan was adopted on November 16, 2010, and updated on December 9, 2014. The General Plan goals and policies pertaining to the biological resources are listed below.

Conservation Goals
 Conservation Goal 5.10.1-G1: The protection of fish, wildlife and their habitats, including rare and endangered species.
 Conservation Goal 5.10.1-G2: Conservation and restoration of riparian vegetation and habitat.

KIFER RECEIVING STATION BESS PROJECT 5.4. BIOLOGICAL RESOURCES JULY 2023 5.4-4 FINAL MND/INITIAL STUDY
Conservation Policies
 Conservation Policy 5.3.1-P10: Provide opportunities for increased landscaping and trees in the community, including requirements for new development to provide street trees and a minimum 2:1 on- or off-site replacement for trees to be removed as part of the proposal to help increase the urban forest and minimize the heat island effect.
 Conservation Policy 5.10.1-P1: Require environmental review prior to approval of any development with the potential to degrade the habitat of any threatened or endangered species.  Conservation Policy 5.10.1-P2: Work with Santa Clara Valley Water District and require that new development follow the “Guidelines and Standards for Lands Near Streams” to protect streams and riparian habitats.
 Conservation Policy 5.10.1-P3: Require preservation of all City-designated heritage trees listed in the Heritage Tree Appendix 8.10 of the General Plan (see Appendix C of the Arborist Report).  Conservation Policy 5.10.1-P4: Protect all healthy cedars, redwoods, oaks, olives, bay laurel and pepper trees of any size, and all other trees over 36 inches in circumference measured from 48 inches abovegrade on private and public property as well as in the public right-of-way.  Conservation Policy 5.10.1-P5: Encourage enhancement of land adjacent to creeks in order to foster the reinstatement of natural riparian corridors where possible.  Conservation Policy 5.10.1-P11: Require use of native plants and wildlife-compatible non-native plants, when feasible, for landscaping on City property.
 Conservation Policy 5.10.1-P12: Encourage property owners and landscapers to use native plants and wildlife-compatible non-native plants, when feasible.

5.4.2. Environmental Impacts and Mitigation Measures
a. Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
LESS THAN SIGNIFICANT WITH MITIGATION.

5.4.2.1. Special-Status Plants and Wildlife
A review of the California Natural Diversity Data Base (CNDDB) did not identify any occurrences of special statusspecies overlapping the Projectsite. As previously described, the site is largely devoid of vegetation.

Landscaped trees, shrubs, and other vegetation are found on the Project site; however, it is in a highly developed, built out urban area and does not include suitable habitat for any special-status plant species.

5.4.2.2. Nesting Birds
A variety of common birds may nest in the Project vicinity and in trees on the Project site. Nests may be built in trees or other vegetation, on the ground, or on existing vacant structures. Birds may also attempt to nest in construction materials or on idle construction equipment.

Nesting birds are protected under the MBTA as well as the CFGC. Further, raptors (e.g., eagles, hawks, and owls) and their nests are protected under both federal and State regulations. CFGC Section 3503 prohibits the needless destruction of the nest, eggs, or young of any bird covered under the MBTA. Construction disturbance, including tree trimming, tree removal, and other vegetation removal (e.g., shrubs) during the KIFER RECEIVING STATION BESS PROJECT 5.4. BIOLOGICAL RESOURCES JULY 2023 5.4-5 FINAL MND/INITIAL STUDY
breeding and nesting season (February 15 through August 31) could adversely impact breeding birds by removing potential nesting habitat (e.g., trees and other vegetation). Other adverse impacts may include damage to nests and injury or mortality to eggs and young, and disruption of nesting behavior or care of young due to noise and disturbance during construction. Because of the urban environment, nesting birds in the Project area would likely be somewhat tolerant of noise, dust, and vibration from construction.

However, some construction activities in close proximity to nests may still disturb nesting birds, potentially causing nest failure.

It is expected that any birds nesting in vegetation around the site would be habituated to the urban environment, which includes the presence of lighting, vehicles, equipment, people, and pets. To avoid and minimize impacts to nesting birds, SVP would implement mitigation measures MM BIO-1, MM BIO-2, and MM BIO-3.

MM BIO-1 (Biological Monitoring) requires a qualified biologist be assigned to the Project and conduct periodic site visits, as well as be the main point of contact for construction if a bird is found injured, entrapped, or dead. MM BIO-2 (Worker Environmental Awareness Training) requires all employees on the Project be aware of nesting birds and protocols if an unanticipated biological resource is encountered.

MM BIO-3 (Preconstruction Surveys for Nesting Birds) requires preconstruction surveys for nesting birds.

If tree/vegetation trimming or removal and/or construction activities occur during the bird breeding and nesting season (February 15 through August 31), preconstruction nesting surveys would be performed by a qualified biologist within 7 days prior to the start of construction. This time window is necessary to ensure that nests are identified. With the implementation of these measures, impacts to nesting birds would be less than significant.

Mitigation Measures for Nesting Birds
MM BIO-1 Biological Monitoring. A qualified biologist will be assigned to the Project and will monitor the Project periodically. The qualified biologist will be the point of contact for any employee or contractor who might inadvertently kill or injure a special-status species or anyone who finds a dead, injured, or entrapped animal. The qualified biologist or biological monitor shall have the authority and responsibility to halt any Project activities that are not in compliance with applicable mitigation measures, permit conditions, or other Project requirements, or will have an unauthorized adverse effect on biological resources.

MM BIO-2 Worker Environmental Awareness Training. Prior to construction, a construction employee education program will be conducted in reference to all sensitive environmental resources potentially affected by site work (e.g., air quality, biological resources, cultural resources, hydrology and water quality, hazardous materials) and the measures associated with their protection (i.e., mitigation measures and applicable laws and regulations).

MM BIO-3 Preconstruction Nesting Bird Surveys and Nest Protection. During the nesting season (February 1 to August 31), preconstruction nesting bird surveys shall be conducted on the site and vicinity by a qualified biologist no more than 7 days before any work activities are performed. A preconstruction nesting bird survey shall also be required prior to any vegetation removal or trimming that occurs during the nesting season. Surveyors will search for all potential nest types (e.g., ground, cavity, shrub/tree, structural, etc.) and determine whether the nest is active. A nest will be determined to be active if eggs or young are present in the nest. Upon discovery of active nests, Silicon Valley Power’s biological monitor will determine if there is need for a buffer or shield to minimize disturbance of the nest. Upon this determination and execution of any required minimization action, work may proceed. The extent of mitigation will be based upon: acclimation of the species or individual to disturbance, nest type (cavity, tree, ground, etc.), and level and duration KIFER RECEIVING STATION BESS PROJECT 5.4. BIOLOGICAL RESOURCES JULY 2023 5.4-6 FINAL MND/INITIAL STUDY
of construction activity. If there is a period of 7 or more days during nesting season in which construction does not occur, a new survey shall be undertaken to determine if any nests have been established.

In the unlikely event a special-status or listed species is found nesting nearby, CDFW and USFWS will be notified and the City of Santa Clara will be provided with nest survey results, if requested. When active nests are identified, monitoring for significant disturbance to the birds will be implemented. b. Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? NO IMPACT. Sensitive natural communities are communities that have limited distribution statewide or within a county or region and are often vulnerable to the environmental effects of projects. There is no riparian habitat or other sensitive natural community within the proposed Project site. No impacts would occur.
c. Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means?
NO IMPACT. The Project area is highly urbanized and no waters or wetlands under the jurisdiction of USACE, RWQCB, or CDFW occur on or near the Project site. No impacts would occur. d. Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites?
LESS THAN SIGNIFICANT. The proposed Project area is within a highly urbanized area near busy roadways and active land uses. However, landscaped areas and trees in the area provide some habitat for avian foraging and breeding. Except for a driveway onto the property, wildlife movement through the site is impeded by existing fencing and adjacent urban development. Construction of the Project includes installation of a permanent fence and a wall, which would result in no change to migratory movement. The Project site does not provide wildlife nursery opportunities. Impacts will be less than significant. e. Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
LESS THAN SIGNIFICANT. The limited vegetation on the site would be removed prior to construction. The City of Santa Clara General Plan Conservation Policy 5.10.1 P4 states, “Protect all healthy cedars, redwoods, oaks, olives, bay laurel and pepper trees of any size, and all other trees over 36 inches in circumference measured from 48 inches above-grade on private and public property as well as in the public right-ofway.” Land Use Policy 5.3.1‐P10 states “Provide opportunities for increased landscaping and trees in the community, including requirements for new development to provide street trees and a minimum 2:1 on‐ or off‐site replacement for trees removed as part of the proposal to help increase the urban forest and minimize the heat island effect.” A few trees within the Projectsite that would be removed may be greater than 36 inches in circumference. As a standard practice, SVP consults with the City Arborist to determine if any removed trees require replacement and the number and location of such plantings elsewhere in the City.

No heritage trees, as listed by the City of Santa Clara General Plan Heritage Tree Appendix 8.10, are present within or immediately adjacent to the proposed Project.

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By consulting with the City Arborist and executing any required tree replacement, impacts will be less than significant.
f. Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Communities Conservation Plan, or other approved local, regional, or State habitat conservation plan?
NO IMPACT. The proposed Project area is outside of the Santa Clara Habitat Conservation Plan area. No impacts would occur.

KIFER RECEIVING STATION BESS PROJECT 5.5. CULTURAL RESOURCES JULY 2023 5.5-1 FINAL MND/INITIAL STUDY

5.5. Cultural Resources

CULTURAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less than
Significant
With Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a. Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5?
b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
c. Disturb any human remains, including those interred
outside of dedicated cemeteries?
Significance criteria established by CEQA Guidelines, Appendix G.

5.5.1. Setting
This section describes the existing cultural resources in the Project area and discusses potential impacts associated with the proposed Project. Cultural resources are historic and prehistoric archaeological sites, historic-aged architectural or engineering features and structures, and places of traditional cultural significance to Native Americans and other ethnic groups.

5.5.1.1. Environmental Setting
The Project area is located in a previously disturbed and entirely built environment. The City of Santa Clara General Plan designates the KRS BESS Project area as Low Intensity Office/Research and Development (R&D). All adjacent parcels to the north, south, and west have the same General Plan Designation. The parcel to the east of the Project, which is where the Kifer Receiving Station is located, has a General Plan Designation of Light Industrial. The site is surrounded by other light industrial uses, including office buildings and utilities. There is one road, Raymond Street, adjacent to the Projectsite is a two-lane surface street.

Prehistory
Paleoindian Period (11,500–4,500 years before present [BP]). Native American occupation and use of the Santa Clara Valley began around 11,000 BP. Natural environmental changes to the Bay Area landscape have occurred since humans’ first arrival. Many of the landforms originally available for human habitation in prehistory were inundated as sea levels rose and flooded the Franciscan Valley, burying sites with sediments. Since the earliest systematic studies of central California and Bay Area archaeology in the 1950s, researchers have recognized that a significant portion of the archaeological record is buried in the fans and massive alluvial plains of the lowland valleys (Heizer, 1949, 1950, 1952; Heizer and Cook, 1953; Lillard et al., 1939; Meighan, 1965).

The earliest cultures of the Paleoindian/Early Holocene Period are generally considered to be represented by wide-ranging mobile hunters and gatherers. Throughout California, the Paleoindian sites are most often represented by isolated fluted projectile points, although sites dating to this time period in the Bay Area are sparse. The Coyote Narrows (CA-SCR-177) and the Metcalf Creek Site (CA-SCL-178) sites in the Santa Clara Valley, are considered two of the oldest cultural deposits in the Bay Area. They were discovered in buried soil and dated between 11,000 and 9,500 years old (Fitzgerald and Porcasi, 2003; Hildebrandt, 1983).

Early Horizon (4,500–3,500 BP). The Early Horizon period is characterized by a mobile forager pattern throughout the Bay Area. The milling slab and handstone, as well as a variety of large, wide-stemmed and □ ~ □ □
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leaf-shaped projectile points, all emerged during this period. Local Franciscan chert dominated the Early Holocene components in the Santa Clara Valley. The Metcalf Creek Site (CA-SCL-178) yielded cultural materials as deep as 9 meters below the surface (Fitzgerald and Porcasi, 2003). New groundstone technology and the first cut shell beads in mortuaries signal a more sedentary life, regional symbolic integration, and increased regional trade in the Bay Area, beginning at about 3,500 BP, signaling the end of the Early Horizon.

Middle Horizon (3,500–1,500 BP). Sites of the Middle Horizon period are more common throughout the Santa Clara Valley. These sites usually have deep, stratified deposits that contain large quantities of ash, charcoal, fire-altered rock, fish, bird, and mammal remains. The presence of significant numbers of mortars and pestles suggests a growing reliance upon gathered plant foods as opposed to hunted animal foods. An increase in violence is suggested by the number of Middle Horizon burials found with projectile points embedded in the bones or with other physical markers of violence (Fitzgerald, 1991).

Late Horizon Period (1,500 BP–A.D. 1769). Late Horizon sites are the most numerous and are composed of extensive midden deposits, indicating a more sedentary lifestyle. Important mound/ midden sites along the Peninsula margins include the University Village site (CA-SMA-77), the San Bruno Mountain mound (CA-SMA-40), and the Ynigo Mound (CA-SCL-12/H). Several technological and social developments characterize the Late Horizon period such as the introduction of the bow and arrow, which replaced the atlatl and dart. Dietary emphasis on acorns and seeds is prevalent in the materials recovered from excavated sites. This change from hunter-gatherers to an increased sedentary lifestyle is due both to more efficient resource procurement as well as a focus on staple food exploitation, the increased ability to store food at village locations, and the development of increasingly complex social and political systems including long-distance trade networks (Clark, 1989; Levy, 1978).

Ethnography
A review of the ethnographic context for the Project area is presented in Section 5.18, Tribal Cultural Resources.

Regional History
The Historic Period of the Santa Clara Valley is generally divided into three major periods: the Spanish period (1777–1821), the Mexican period (1822–1848), and the American period (1848–present).

Spanish Period (A.D. 1777–1821). Spanish explorers in the late 1760s and 1770s were the first Europeans to traverse the Santa Clara Valley. The first party, led by Gaspar de Portola and Father Juan Crespi, arrived in the Alviso–San Jose area in the fall of 1769. The following year, Pedro Fages led another party through the Santa Clara Valley, and in 1772 Fages returned to the same vicinity with Crespi. In 1776, the exploration party of Juan Bautista de Anza and Father Pedro Font traveled through the Santa Clara Valley.

The favorable reports of Anza and Font led to the establishment of both Mission Santa Clara and the Pueblo San Jose de Guadalupe in 1777 (Hart, 1987; Winther, 1935; Cutter, 1978).

Mexican Period (A.D. 1822–1848). The 1822 Mexican revolt against Spain followed by the 1834 secularization of the missions changed land ownership patterns in the Santa Clara Valley. The Spanish philosophy of governance was directed at the founding of presidios, missions, and secular towns, with the land held by the Crown. In contrast, the later Mexican policy stressed individual ownership of the land. During the Mexican Period, vast tracts of land, including former mission lands that had reverted to public domain, were granted to individuals (Broek, 1932; Hendry and Bowman, 1940; Hart, 1987).

American Period (A.D. 1848–Present). The population of the Santa Clara Valley began to expand significantly following the 1848 Gold Rush; further population expansion resulted during construction of the KIFER RECEIVING STATION BESS PROJECT 5.5. CULTURAL RESOURCES JULY 2023 5.5-3 FINAL MND/INITIAL STUDY
railroad to San Francisco in 1864 and the completion of the transcontinental railroad in 1869 (Findlay and Garaventa, 1983). Throughout the late nineteenth century rancho, pueblo, and mission lands in the Santa Clara Valley were subdivided as the result of population growth, Anglo-American takeover, and the confirmation of property titles. Large cattle ranches were converted to farming of crops; this agricultural landuse pattern continued throughout the American Period. During this period, agricultural experimentation took place. After 1875, the success of many agricultural experiments and expanded access to markets via rail encouraged the development of fruit production in the Santa Clara Valley. From 1875 onward, the expanding fruit market led to innovations in fruit preservation and shipping, including: drying fruit, canning fruit, and shipping fresh fruit in refrigerated cars. This created a wider economic boom that attracted new residents to the Santa Clara Valley (Broek, 1932; Winther, 1935). The City of San Jose served as the County seat, a primary service, financial and social center. Since the 1990s, the agrarian land-use pattern has been displaced by residential housing, commercial centers, and the development of research and manufacturing facilities associated with the electronics industry. The contemporary focus on technological advancement resulted in the designation of the general region as the “Silicon Valley.” Records Search
Aspen submitted a California Historical Resources (CHRIS) Data Request for the Project to the Northwest Information Center at Sonoma State University requesting data within 0.25 miles of the Project area. On January 6, 2023, the results were received identifying two previously recorded resources/sites and within

0.25 miles of the Project area. Neither of these resources are within the Project area. Additionally, the record search identified a total of 51 previously cultural resources studies within 0.25 miles of the Project area. Of these 51 studies, 23 of them include all or a portion of the Project area in the study (Table 5.5-1).

The records search included consultation of the following registers and lists.  National Register of Historic Places (NRHP)
 California Register of Historic Resources (CRHR)
 California State Historical Landmarks
 California Points of Historical Interest
 California Inventory of Historic Resources
 Santa Clara County Heritage Resource Inventory
 California Built Environment Resource Directory (BERD)  City of Santa Clara Historic Survey Complete Report – 1981 Table 5.5-1. Key Cultural Resources Reports Within Project Area Report No. Author Year Study
S-000848 David A. Fredrickson 1976 A Summary of Knowledge of the Central and Northern California Coastal Zone and Offshore Areas, Vol. III, Socioeconomic Conditions, Chapter 7: Historical & Archaeological Resources
S-003453 Roy Meadows, Roy
Martin, and Ann Fisher
1950 Notes on the Carmel Indians (notes taken from Roy Meadows and Roy Martin on March 4th, 1950); and Southern Costanoan-Esselen Notes (notes taken from Ann Fisher on March 4th, 1950)
S-005259 Ann Hines, Pauline
Pace, and Gail Woolley
1979 Santa Clara County Heritage Resource Inventory
S-005260 Joseph C. Winter 1978 Tamien - 6000 Years in an American City S-005272 Jan Otto Marius Broek 1932 The Santa Clara Valley, California: A Study in Landscape Changes S-007483 Albert B. Elsasser, et al. 1985 Revised Data Recovery Plan, Part I: Review of the Prehistory of the Santa Clara Valley Region as Part of the Guadalupe Transportation Corridor Compliance with 36 CFR Part 800
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Table 5.5-1. Key Cultural Resources Reports Within Project Area Report No. Author Year Study
S-008585 Thomas King, et al. 1974 Archaeological Element, Environmental Impact Report on the San Felipe Water Distribution System
S-009462 Teresa Ann Miller 1977 Identification and Recording of Prehistoric Petroglyphs in Marin and Related Bay Area Counties
S-009583 David W. Mayfield 1978 Ecology of the Pre-Spanish San Francisco Bay Area S-013200 Donna M. Garaventa,
et al.
1991 Cultural Resources Assessment for the Santa Clara County Transportation Plan - T2010 EIR S-015529 Robert L. Gearhart II,
et al.
1993 California, Oregon, and Washington: Archaeological Resource Study S-016394 Colin I. Busby, et al. 1994 Recorded Archaeological Resources in Santa Clara County, California (Plotted on the BARCLAY 1993 LoCaide Atlas)
S-016394a Colin I. Busby, et al. 1995 First Supplement, Recorded Archaeological Resources in Santa Clara County, California
S-016394b Colin I. Busby, et al. 1996 Second Supplement, Recorded Archaeological Resources in Santa Clara County, California
S-016394c Colin I. Busby, et al. 1997 Third Supplement, Recorded Archaeological Resources in Santa Clara County, California
S-017852 Jacquelin Jensen Kehl
and Linda Yamane
1995 Ethnohistoric Genealogy Study, Tasman Corridor Light Rail Project, Santa Clara County, California
S-018217 Glenn Gmoser 1996 Cultural Resource Evaluations for the Caltrans District 04 Phase 2 Seismic Retrofit Program, Status Report
S-020395 Donna L. Gillette 1998 PCNs of the Coast Ranges of California: Religious Expression or the Result of Quarrying
S-024967 Basin Research
Associates, Inc.
2000 Cultural Resources Review (Positive), Proposed RCN Fiber Optic Cable Program, City of Santa Clara, Santa Clara County
S-030204 Donna L. Gillette 2003 The Distribution and Antiquity of the California Pecked Curvilinear Nucleated (PCN) Rock Art Tradition.

S-032596 Randall Milliken,
Jerome King, and
Patricia Mikkelsen
2006 The Central California Ethnographic Community Distribution Model, Version 2.0, with Special Attention to the San Francisco Bay Area, Cultural Resources Inventory of Caltrans District 4 Rural Conventional Highways
S-033600 Jack Meyer and Jeff
Rosenthal
2007 Geoarchaeological Overview of the Nine Bay Area Counties in Caltrans District 4
S-039091 Basin Research
Associates
2010 Historic Property Survey Report/Finding of Effect, South Bay Water Recycling (SBWR), Santa Clara Industrial 3B, City of Santa Clara, Santa Clara County
S-046375 Archives and
Architecture, LLC.
2012 County of Santa Clara Historic Context Statement
S-048927 Donald Scott Crull 1997 The Economy and Archaeology of European-made Glass Beads and Manufactured Goods Used in First Contact Situations in Oregon, California and Washington
S-049780 Brian F. Byrd, et al. 2017 San Francisco Bay-Delta Regional Context and Research Design for Native American Archaeological Resources, Caltrans District 4 S-049780a Julianne Polanco 2016 FHWA_2016_0615_001, Caltrans District 4 Archaeological Context KIFER RECEIVING STATION BESS PROJECT 5.5. CULTURAL RESOURCES JULY 2023 5.5-5 FINAL MND/INITIAL STUDY
Native American Heritage Commission and Native American Consultation A search of the Sacred Lands File database from the Native American Heritage Commission (NAHC), located in Sacramento, California, was conducted. The record search of the NAHC Sacred Lands File was completed with negative results (i.e., no records found). Assembly Bill 52 Native American consultation is discussed in Section 5.18 (Tribal Cultural Resources).

Historic Resource Research
In-depth historical research was conducted including but not limited to consultation of historic maps, historic and current aerial photographs, historic newspapers and various online databases, a detailed examination of previously prepared cultural survey reports provided by the Northwest Information Center, a review of data provided to Aspen by SVP, in an effort to determine the potential historic significance of the office building, storage building, and any other features located within APN# 224-08- 085 (Study Area) or Project area. Based on this research and a built environment survey of the Project area conducted under the under the direction of an NPS qualified Architectural Historian, it was determined that these features did not meet State or Federal criteria for listing on national, state, or local historic registers, meaning they do not qualify as historical resources under CEQA. Specifically,

1. The office building and storage building located at 3025 Raymond Street were originally permitted in 1971. They are barely 50 years old and are of ubiquitous design. Although largely unaltered, they do not appear to be historically or architecturally unique, have no apparent individually significant engineering features, and do not exhibit any unusual use of materials or building fabric.

2. The office building and storage building located at 3025 Raymond Street are not associated with known historical events of significance, and do not appear to have risen to a level of important state or local historic significance.

3. The office building and storage building located at 3025 Raymond Street are not known to be associated with any important architect, engineer, contractor, or any individual that appears to have risen to a level of important state or local historic significance.

5.5.1.2. Regulatory Background
State
State of California CEQA Guidelines. State of California CEQA Guidelines require that historical resources and unique archaeological resources be taken into consideration during the CEQA planning process (CEQA Guidelines §15064.5; PRC §21083.2). If feasible, adverse effects to the significance of historical resources must be avoided or the effects mitigated (CEQA Guidelines §15064.5(b)(4)). State CEQA Guidelines require that all feasible mitigation be undertaken even if the prescribed mitigation does not mitigate impacts to a less than significant level (California Office of Historic Preservation (OHP) 2001b:6).

The term that CEQA uses for significant cultural resources is “historical resource,” which is defined as a resource that meets one or more of the following criteria: (1) listed in, or determined eligible for listing, in the California Register of Historical Resources (California Register); ( 2) listed in a local register of historical resources as defined in PRC Section 5020.1(k); (3) identified as significant in a historical resource survey meeting the requirements of PRC Section 5024.1(g); or (4) determined to be a historical resource by a project’s lead agency (PRC Section 21084.1 and State CEQA Guidelines §15064.5(a)). A historical resource consists of:

Any object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant or significant in the architectural, engineering, KIFER RECEIVING STATION BESS PROJECT 5.5. CULTURAL RESOURCES JULY 2023 5.5-6 FINAL MND/INITIAL STUDY
scientific, economic, agricultural, educational, social, political, military, or cultural annals of California…. Generally, a resource shall be considered by the lead agency to be ‘historically significant’ if the resource meets the criteria for listing on the California Register of Historical Resources
CEQA Guidelines Section 15064.5(a)(3). In accordance with CEQA Guidelines Section 15064.5(b), a project with an effect that may cause a substantial adverse change in the significance of a historical resource is a significant effect on the environment.

CEQA requires a lead agency to determine if an archaeological resource meets the definition of a historical resource, a unique archaeological resource, or neither (CEQA Guidelines §15064.5(c)). Prior to considering potential impacts, the lead agency must determine whether an archaeological resource meets the definition of a historical resource in CEQA Guidelines §15064.5(c)(1). If the archaeological resource meets the definition of a historical resource, then it is treated like any other type of historical resource in accordance with CEQA Guidelines §15126.4. If the archaeological resource does not meet the definition of a historical resource, then the lead agency determines whether it meets the definition of a unique archaeological resource as defined in CEQA Statutes §21083.2(g). In practice, most archaeological sites that meet the definition of a unique archaeological resource also meet the definition of a historical resource. If the archaeological resource meets the definition of a unique archaeological resource, then it must be treated in accordance with CEQA Statutes §21083.2. If the archaeological resource does not meet the definition of a historical resource or a unique archaeological resource, then effects to the resource are not considered significant effects on the environment (CEQA Guidelines §15064.5(c)(4)).

California Health and Safety Code Section 7050.5. California HSC Section 7050.5 states that in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the remains are discovered has determined whether or not the remains are subject to the coroner’s authority. If the human remains are of Native American origin, the County Coroner must notify the Native American Heritage Commission (NAHC) within 24 hours of this identification. The NAHC will identify a Native American Most Likely Descendant (MLD) to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods.

Public Resources Code Section 5097.5. PRC Section 5097.5 provides for the protection of cultural resources. This PRC section prohibits the removal, destruction, injury, or defacement of archaeological features on any lands under the jurisdiction of State or local authorities.

California Register of Historical Resources Criteria of Evaluation. The State of California Historical Resources Commission has designed the California Register for use by State and local agencies, private groups, and citizens to identify, evaluate, register, and protect California’s historical resources. The California Register is the authoritative guide to the State’s significant historical and archaeological resources.

The California Register program encourages public recognition and protection of resources of architectural, historical, archaeological, and cultural significance, identifies historical resources for state and local planning purposes, determines eligibility for State historic preservation grant funding, and affords certain protections under CEQA. The following criteria are used when determining if a particular resource has architectural, historical, archaeological, or cultural significance.  Criterion 1: Is the resource associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States?  Criterion 2: Is the resource associated with the lives of persons important to local, California, or national history?
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 Criterion 3: Does the resource embody the distinctive characteristics of a type, period, region, method of construction, or represent the work of a master or possesses high artistic values?  Criterion 4: Has the resource yielded, or have the potential to yield, information important to the prehistory or history of the local area, California, or the nation? Local
City of Santa Clara General Plan (2010-2035). The City of Santa Clara’s current General Plan provides information to the community to define acceptable development. It is a guide for decisions by the City Council, Planning Commission, and other governmental agencies on specific development applications.

The following overarching Goals and Policies are identified with regard to architectural and built environment resources:

City of Santa Clara Historical and Landmarks Commission. To support its historic preservation goals, the City established a Historical and Landmarks Commission and obtained recognition by the State Office of Historic Preservation as a Certified Local Government (CLG). The City currently uses the following tools to evaluate historic resources:

The Historical and Landmarks Commission advises the City Council on all matters pertaining to historical landmarks, names, and renaming of streets, museums and the establishment thereof in the City, and in the marking and preservation of historical landmarks and places. As required by the State CLG program, the City has established a list of Architecturally or Historically Significant Properties, which is the foundation for the Commission’s recommendations.

The Criteria for Local Significance establishes evaluation measures, to ensure that the resource is at least 50 years old and that the property is associated with an important individual or event, an architectural innovation, and/or an archaeological contribution in order to be deemed significant. The City maintains a list of qualified historic consultants for these evaluations.

Architecturally or Historically Significant Properties refer to prehistoric and historic features, structures, sites or properties that represent important aspects of the City’s heritage. Historic Preservation policies strengthen the City’s Historic Preservation Goals, providing direction for changes to historic resources and new development proposed within 100 feet of historic properties in order to evaluate any potential effects on the historic context for the resource. A 100–foot radius, defined as the Area of Historic Sensitivity, is approximately equal to all properties abutting, across the street, and adjacent to abutting properties from a historic resource. This would comprise a little less than a typical City block. Preservation of Santa Clara’s long history is also supported by policies that protect archaeological resources, such as relics found in burial sites.

City of Santa Clara Criteria for Local Significance. The Criteria for Local Significance were adopted on April 8, 2004, by the City of Santa Clara City Council. These criteria establish evaluation measures that help to determine significance for properties not yet included on the historic list. Any building, site, or property in the City that is 50 years old or older and meets certain criteria of architectural, cultural, historical, geographical or archeological significance is potentially eligible. As buildings and other resources age, additional properties will be added to the inventory. In order to accomplish this, a property owner can apply to have their property listed as a historic resource, or the City can nominate properties. The Historical and Landmarks Commission evaluates these applications and forwards a recommendation to the City council.

Updates to the Historic Preservation and Resource Inventory require an amendment to the General Plan.

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 Criteria for Historical or Cultural Significance. To be historically or culturally significant, a property must meet at least one of the following criteria:

1. The site, building or property has character, interest, integrity and reflects the heritage and cultural development of the city, region, State, or nation.

2. The property is associated with a historical event.

3. The property is associated with an important individual or group who contributed in a significant way to the political, social and/or cultural life of the community.

4. The property is associated with a significant industrial, institutional, commercial, agricultural, or transportation activity.

5. A building’s direct association with broad patterns of local area history, including development and settlement patterns, early or important transportation routes or social, political, or economic trends and activities.

6. Included is the recognition of urban street pattern and infrastructure.

7. A notable historical relationship between a site, building, or property’s site and its immediate environment, including original native trees, topographical features, outbuildings or agricultural setting.  Criteria for Architectural Significance. To be architecturally significant, a property must meet at least one of the following criteria:

1. The property characterizes an architectural style associated with a particular era and/or ethnic group.

2. The property is identified with a particular architect, master builder or craftsman.

3. The property is architecturally unique or innovative.

4. The property has a strong or unique relationship to other areas potentially eligible for preservation because of architectural significance.

5. The property has a visual symbolic meaning or appeal for the community.

6. A building’s unique or uncommon building materials, or its historically early or innovative method of construction or assembly.

7. A building’s notable or special attributes of an aesthetic or functional nature. These may include massing, proportion, materials, details, fenestration, ornamentation, artwork or functional layout.  Criteria for Geographic Significance. To be geographically significant, a property must meet at least one of the following criteria:

1. A neighborhood, group or unique area directly associated with broad patterns of local area history.

2. A building’s continuity and compatibility with adjacent buildings and/or visual contribution to a group of similar buildings.

3. An intact, historical landscape or landscape features associated with an existing building.

4. A notable use of landscaping design in conjunction with an existing building.

5.5.2. Environmental Impacts and Mitigation Measures
a. Would the project cause a substantial adverse change in the significance of an historical resource pursuant to §15064.5 [§15064.5 generally defines historical resource under CEQA]? LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. The office building and storage building located at 3025 Raymond Street were permitted and built beginning in 1971. Because these buildings are greater KIFER RECEIVING STATION BESS PROJECT 5.5. CULTURAL RESOURCES JULY 2023 5.5-9 FINAL MND/INITIAL STUDY
than 50 years old, they are considered historic age resources. However, an evaluation of the site and all built environment features based and field inspection and on historic records has concluded that these buildings do not meet the established criteria to be considered as a significant resource eligible for inclusion on local, State, or Federal registers, meaning it is not considered a historical resource under CEQA.

Likewise, no known prehistoric or historic aged archaeological resources have been identified as being present at or in the immediate vicinity of the Project area. Although no known historical resources have been identified within the area, there remains the possibility that presently unidentified historical resources exist below the ground surface that could be discovered and damaged or destroyed during ground disturbing work, which would constitute a significant impact absent mitigation. Implementation of mitigation measure MM CR-1 would evaluate and protect unanticipated discoveries, thereby reducing this impact to less than significant.

5.5.2.1. Mitigation Measure for Previously Unidentified Historical Resources MM CR-1 Worker Training and Management of Unanticipated Discoveries of Historical Resources, Unique Archaeological Resources. SVP shall conduct a worker environmental awareness program (WEAP) for Project personnel who, during the course of Project work, might encounter or alter historical resources or important/unique archaeological materials. This program may be combined with any similar required program, such as for biological resources. The WEAP may include a kickoff tailgate session that describes how to identify cultural resources and what to do if an unanticipated discovery is made during construction, presents site avoidance requirements and procedures to be followed if unanticipated cultural resources are discovered during Project construction, and includes a discussion of disciplinary and other actions that could be taken against persons violating historic preservation laws and SVP policies.

If previously unidentified cultural resources are identified during construction, construction work within 100 feet of the find shall be halted and directed away from the discovery until a Secretary of the Interior qualified archaeologist assesses the significance of the resource. The archaeologist, in consultation with the City of Santa Clara, State Historic Preservation Officer, any interested Tribes, and any other responsible public agency, shall make the necessary plans for treatment of the find(s) and for the evaluation and mitigation of impacts if the finds are found to be eligible to the National or California Registers, qualify as a unique archaeological resource under California Environmental Quality Act Section 21083.2, or are determined to be tribal cultural resource as defined in Section 21074.
b. Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. Although no known archaeological resources have been previously identified within the Project area, there remains the possibility that presently unidentified archaeological resources exist below the ground surface that could be discovered and damaged or destroyed during ground disturbing work, which would constitute a significant impact absent mitigation.

Implementation of mitigation measure MM CR-1 would evaluate and protect unanticipated discoveries of archaeological resources, thereby reducing this potential impact to a less than significant level.

5.5.2.2. Mitigation Measure for Previously Unidentified Archaeological Resources MM CR-1 Worker Training and Management of Unanticipated Discoveries of Historical Resources, Unique Archaeological Resources. [see full text under Item (a) above.] KIFER RECEIVING STATION BESS PROJECT 5.5. CULTURAL RESOURCES JULY 2023 5.5-10 FINAL MND/INITIAL STUDY
c. Would the project disturb any human remains, including those interred outside of formal cemeteries? LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. There is no indication that human remains are present within the Project area. Background archival research failed to find any potential for human remains (e.g., existence of formal cemeteries) in the area. The limited nature of the proposed ground disturbance makes it unlikely that human remains would be unearthed during construction. However, it is possible that previously unknown human remains could be discovered and damaged or destroyed during ground disturbance, which would constitute a significant impact absent mitigation. Implementation of mitigation measure MM CR-2, which requires evaluation, protection, and appropriate disposition of human remains, would reduce this potential impact to a less than significant level.

5.5.2.3. Mitigation Measure for Disturbance of Human Remains MM CR-2 Treatment of Human Remains. Any human remains discovered are to be treated with respect and dignity. Upon discovery of human remains, all work within 50 feet of the discovery area must cease immediately, nothing is to be disturbed, and the area must be secured. The Santa Clara County Coroner’s Office must be called. The Coroner has two working days to examine the remains after notification. The appropriate land manager of the site is to be called and informed of the discovery. It is very important that the suspected remains, and the area around them, are undisturbed and the proper authorities called to the scene as soon as possible, as it could be a crime scene. The Coroner will determine if the remains are archaeological/historic or of modern origin and if there are any criminal or jurisdictional questions.

After the Coroner has determined the remains are archaeological/historic-era, the Coroner will make recommendations concerning the treatment and disposition of the remains to the person responsible for the excavation, or to his or her authorized representative. If the Coroner believes the remains to be those of a Native American, he/she shall contact the Native American Heritage Commission (NAHC) by telephone within 24 hours.

The NAHC will immediately notify the person it believes to be the most likely descendant (MLD) of the remains. The MLD has 48 hours to make recommendations to the landowner for treatment or disposition of the human remains. If the descendant does not make recommendations within 48 hours, the landowner shall reinter the remains in an area of the property secure from further disturbance. If the landowner does not accept the descendant’s recommendations, the owner or the descendant may request mediation by NAHC.

According to the California Health and Safety Code, six (6) or more human burials at one (1) location constitute a cemetery (Section 8100), and willful disturbance of human remains is a felony (Section 7052).

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5.6. Energy
ENERGY
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
Significance criteria established by CEQA Guidelines, Appendix G.

5.6.1. Setting
The proposed Project would construct and operate a BESS facility and 60 kV interconnection line.

As the City of Santa Clara municipal electric utility, Silicon Valley Power owns power generation facilities, has investments in joint ventures that produce electric power, and trades power on the open market. These efforts are directed toward ensuring its retail electricity customers (the citizens, organizations, and businesses of the City of Santa Clara) a highly reliable source of electric power at low, stable rates (City of Santa Clara, 2021).

The proposed Project includes partnering with a company, Ameresco, who would build and operate the Project. Ameresco would lease the land from SVP and . SVP would pay Ameresco for energy storage services, including a monthly kW-month rate for the ability to schedule and dispatch the BESS Project into the CAISO market. The BESS will charge during the hours of the day when the CASIO’s Day Ahead prices are the lowest, and discharge during the hours of the day when the CAISO’s Day Ahead prices are the highest.

The energy sources that make up the mix of power supplied to SVP’s customers, relative to the 2021 California power mix, are summarized from utility-specific Power Content Label data gathered by the California Energy Commission shown in Table 5.6-1 (CEC, 2023a).

Table 5.6-1. Energy Sources of Electricity Supplied to Customers (2021 Power Content) Energy Resources
Santa Clara
Residential Mix
Santa Clara
Non-Residential Mix
2021 California
Power Mix
Eligible Renewable 35.9% 27.0% 33.6%
Biomass & biowaste 0% 2.1% 2.3%
Geothermal 0% 7.1% 4.8%
Eligible hydroelectric 0% 5.9% 1.0%
Solar 14.7% 4.1% 14.2%
Wind 21.2% 7.8% 11.4%
Coal 0% 0% 3.0%
Large Hydroelectric 64.1% 6.7% 9.2%
Natural Gas 0% 34.3% 37.9%
Nuclear 0% 0% 9.3%
Other 0% 0% 0.2%
Unspecified sources of power* 0% 32% 6.8%
Total 100% 100% 100%
* “Unspecified sources of power” means electricity from transactions that are not traceable to specific generation sources. □ □ □
□ □ □
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Source: CEC 2023a, 2021 Power Content Label for SVP.

For recent years including 2021, the average annual electricity consumption served to SVP customers has grown to approximately 4,382 million kilowatt‐hours (kWh). Table 5.6‐2 shows the baseline electricity consumption by the SVP loads over the prior 5 years, separated by customer classes.

Table 5.6-2. Electricity Consumption for Load Served by SVP (million kWh per year) Sector, Served by SVP 2017 2018 2019 2020 2021
Ag & Water Pump 0.03 0.03 0.08 0.10 0.10
Commercial Building 2,332.19 2,393.16 2,437.06 2,547.24 3,090.69 Commercial Other 41.00 41.52 43.80 44.25 46.23
Industry 896.16 862.57 821.66 816.73 910.88
Mining & Construction 18.76 24.74 35.63 46.50 80.18
Residential 235.64 226.01 234.49 264.73 251.08
Streetlight 4.30 3.50 3.00 3.00 3.00
SVP Total Usage 3,528.08 3,551.53 3,575.73 3,722.54 4,382.15 Note: Usage expressed in millions of kWh (one million kWh equals one gigawatt-hour or GWh).

Source: CEC, 2023b; Electricity Consumption by Entity.

5.6.1.1. Regulatory Background
Energy Action Plan and Loading Order. California has mandated and implemented aggressive energy-use reduction programs for electricity and other resources. In 2003, California’s first Energy Action Plan (EAP) established a high-level, coherent approach to meeting California’s electricity and natural gas needs and set forth the “loading order” to address California’s future energy needs. The “loading order” established that the state, in meeting its energy needs, would invest first in energy efficiency and demand-side resources, followed by renewable resources, and only then in clean conventional electricity supply (CPUC, 2008). Since that time, the California Public Utilities Commission (CPUC) and California Energy Commission (CEC) have overseen the plans, policies, and programs for prioritizing the preferred resources, including energy efficiency and renewable energy.

California’s Renewables Portfolio Standard (RPS). Electric utilities in California must procure a minimum quantity of the electricity sales from eligible renewable energy resources as specified by RPS requirements. The most-recent update to the RPS targets was set forth in 2018 with the “100 Percent Clean Energy Act of 2018” [Senate Bill 100 (SB 100)], which establishes the policy that eligible renewable energy resources and zero-carbon resources supply 100 percent of retail sales of electricity to California end-use customers by December 31, 2045. SB 100 requires the CPUC and CEC to ensure that implementation of this policy does not cause or contribute to greenhouse gas emissions increases elsewhere in the western grid.

Integrated Resource Planning. An Integrated Resource Plan (IRP) is an electricity system planning document that lays out the energy resource needs, policy goals, physical and operational constraints, and the general priorities or proposed resource choices of an electric utility, including customer-side preferred resources. Through Senate Bill 350 (De León, Chapter 547, Statutes of 2015) (SB 350), the publicly owned utilities (POU) such as SVP must adopt and file an IRP that is subject to a review by the CEC for consistency with statewide targets for energy efficiency, renewable resources, and greenhouse gas emissions reductions. The IRP must also consider how renewable generation, grid operational efficiencies, energy storage, and distributed resources (including energy efficiency) serve to meet the peak hour energy and reliability needs. In November 2018, the City Council approved SVP’s current IRP (SVP, 2019).

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Energy Storage Targets. Assembly Bill 2514 (Skinner, Chapter 469, Statutes of 2010) (AB 2514), amended by Assembly Bill 2227 (Bradford, Chapter 606, Statutes of 2012), requires California’s publicly owned utilities to develop energy storage procurement targets. In response to these requirements, SVP periodically evaluates the viability of energy storage projects and considers energy storage as a resource to reduce the need for new or additional gas-fired generation and provide other benefits to the distribution and transmission system.

State CEQA Guidelines. The California Natural Resources Agency adopted certain amendments to the State CEQA Guidelines effective in 2019, to change how CEQA Lead Agencies consider the environmental impacts of energy use. CEQA Guidelines Section 15126.2(b) and Appendix F require analysis of a project’s energy use, in order to assure that energy implications are considered in Project decisions. CEQA requires a discussion of the potential environmental effects of energy resources used by projects, with particular emphasis on avoiding or reducing the “wasteful, inefficient, and unnecessary consumption of energy” (see Public Resources Code section 21100(b)(3)).

5.6.2. Environmental Impacts and Mitigation Measures
a. Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? The proposed Project would construct, operate, and maintain a BESS facility and 60 kV interconnection line. The objectives of the proposed Project are to increase the reliability and flexibility of SVP’s electrical grid and to help solve California’s “duck curve” power production problem. The proposed Project would achieve these objectives by utilizing the BESS to store energy. The proposed Project would allow SVP to store energy and discharge it to the electrical grid during periods of high demand.

Energy storage would improve SVP’s ability to efficiently integrate renewable resources. The growth of zerocarbon resources, especially solar resources, has shifted the reliability concerns from the peak hour (hour with the highest energy demand) to net peak hours (hours when energy demand minus wind and solar generation is largest). The changing resource mix is driving a change in the characteristics of the electricity system and requires consideration of the net demand curve, total electricity demand less the wind and solar generation. The “duck curve” is characterized by more drastic increases in net demand in the evening hours as solar decreases, and a net peak that occurs later in the evening when solar generation is substantially diminished or nonexistent (CEC, 2022). By charging during low net demand periods and discharging in higher net demand periods, the proposed Project would increase SVP’s ability to use renewable energy when demand is highest.

LESS THAN SIGNIFICANT – CONSTRUCTION. Construction activity associated with the proposed Project would require the consumption of fossil fuel resources, for example diesel fuel and gasoline to power the offroad construction equipment and construction vehicles. Additionally, construction would require the manufacture and delivery of new equipment and materials, which would require energy use. Depending on materials, some of the debris to be removed as part of the Project would be salvageable and recyclable.

LESS THAN SIGNIFICANT – OPERATION AND MAINTENANCE. Operations, including inspection, patrol, and maintenance, of the proposed Project components would also require use of fossil fuel resources for routine upkeep. The energy being stored by the BESS would be delivered to the BESS from the mix of renewable and fossil fuel powered generation resources available at the time of charging. This energy would be discharged during periods of high demand, when fossil fuel resources are most likely to be called upon.

As a result, the energy discharged by the BESS would be likely to displace the use of fossil fuel resources during periods of high demand. The operation and maintenance activities would be minimal and would not cause a change in the consumption or use of energy resources.

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The energy used by the proposed Project during construction would not be wasteful, inefficient, or unnecessary in light of the new facilities that would increase capacity and system reliability, and no potentially significant environmental impact would occur due to the direct or indirect energy consumption of the proposed Project.
b. Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
LESS THAN SIGNIFICANT. The proposed Project would construct, operate, and maintain a BESS facility and 60 kV interconnection line. The Project would be interconnected to SVP’s existing system, via the KEN-OKJ 60 kV line between Kenneth Substation and Oaks Junction Substation. Protection and control panel upgrades or configuration will be required at the Kenneth and Oaks Junction Substation. The Project would increase the reliability and flexibility of SVP’s electrical grid.

Energy storage provides benefits to utilities by efficiently integrating increased amounts of renewable energy resources into the electrical transmission and distribution grid in a manner that can avoid use of fossil fuel resources during peak hours and minimize GHG emissions. The 2018 revised IRP addresses the requirements of AB 2514 and identifies SVP’s efforts in considering viable and cost-effective energy storage systems as ways to provide savings and reliability benefits within the electricity resource supply plan (SVP, 2019). SVP was required to open an energy storage system procurement proceeding and adopted an energy storage procurement target; a 50 MW research and development energy storage opportunity was identified for negotiation at that time (SVP, 2019). The proposed Project would contribute to SVP’s efforts to achieve the benefits of energy storage on the electrical grid. The proposed Project would not conflict with any state or local plan for prioritizing renewable energy or energy efficiency. This impact would be less than significant, and no mitigation is required.

KIFER RECEIVING STATION BESS PROJECT 5.7. GEOLOGY AND SOILS JULY 2023 5.7-1 FINAL MND/INITIAL STUDY

5.7. Geology and Soils

GEOLOGY AND SOILS
Would the project:

Potentially
Significant
Impact
Less than
Significant
With Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
ii) Strong seismic groundshaking?
iii) Seismic-related ground failure, including liquefaction? iv) Landslides?
b. Result in substantial soil erosion or the loss of topsoil? c. Be located on geologic units or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d. Be located on expansive soil, as defined in Section 1803.5.3 of the California Building Code (2019), creating substantial direct or indirect risks to life or property?
e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Significance criteria established by CEQA Guidelines, Appendix G.

5.7.1. Setting
This section describes geology, soils, and seismic conditions and analyzes environmental impacts related to geologic and seismic hazards that could result from the implementation of the proposed Project. The following discussion addresses existing environmental conditions in the affected area, identifies and analyzes environmental impacts, and recommends measures to reduce or avoid any adverse impacts anticipated from Project construction and operation. In addition, existing laws and regulations relevant to geologic and seismic hazards are described. In some cases, compliance with these existing laws and regulations would serve to reduce or avoid certain impacts that might otherwise occur with the implementation of the Project.

Baseline geologic, seismic, and soils information were collected for the Project site and surrounding area from published and unpublished literature, GIS data, and online sources. Data sources included geologic literature from the U.S. Geological Survey and California Geological Survey, and other readily available online reference materials. The study area was defined as the Project site and the areas immediately adjacent to the proposed Project for most geologic and soils issue areas with the exception that the study area related to seismically induced ground shaking includes significant regional active and potentially active faults within 50 miles of the proposed Project.
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5.7.1.1. Regional Geologic Setting
The Project site is located in the Santa Clara Valley, a relatively flat, elongate alluvial basin, in the Coat Ranges geomorphic province of California. The Santa Clara Valley is part of large structural depression that extends from south of Hollister to north of Santa Rosa and includes the San Pablo and San Francisco Bays (Norris & Webb, 1976). The Santa Clara Valley is bordered on the west and southwest by the Santa Cruz Mountains and on the east by the Diablo Mountain Range. The San Francisco Bay borders the Santa Clara Valley to the north, west, and east along its shorelines. The average slope of the valley floor ranges from nearly flat to about 2 percent grade, with the surrounding hillsides having steeper grades. (City of Santa Clara, 2011)
The Coast Ranges geomorphic province is characterized by ridges and valleys and by strongly deformed sedimentary and metamorphic rocks of the Franciscan Complex and sediments deposited by a series of merging alluvial fans formed by streams that drain the adjacent mountains during recent geologic times.

The Santa Clara Valley The area’s groundwater aquifers occur in the alluvial sediments. The alluvial deposits in the Santa Clara Valley derived from the Diablo Range and Santa Cruz Mountains. In the northcentral area of the Santa Clara Valley, the alluvial deposits are interbedded with bay and lacustrine deposits. Soil types in the area include clay (low-lying central areas), loam and gravelly loam (northern area of the Santa Clara Valley), and eroded rock clay loam (foothills). (City of Santa Clara, 2011)

5.7.1.2. Local Geology
Most of the City of Santa Clara is located on a gently sloping area of the valley floor in the north-central portion of the Santa Clara Valley. The City is primarily situated on alluvial fan deposits consisting of gravel, sand and finer sediments. Natural levee deposits consisting of silt and clay are located along the City’s major streams. Man-made engineered levees have been constructed over many but not all of the natural levee deposits for flood control. (City of Santa Clara, 2011) The Project site is mapped as underlain by alluvial surficial sediments consisting of Holocene alluvial clay soil which includes bay mud deposits (Dibblee and Minch, 2005) and as Holocene fine grained alluvial fan deposits generally containing large percentages of clay and fat clay (CGS, 2001). Based on Pleistocene alluvium contour mapping (Helley, 1990), Pleistocene alluvium is located between approximately 5 to 10 feet below the overlying Holocene alluvium.

Artificial Fill. Although not mapped at the Project site or immediate vicinity (Dibblee and Minch, 2005), artificial fill, often referred to as undocumented or man-made fill, has been placed throughout the City of Santa Clara in developed areas and likely underlies portions of the Project site. Generally, artificial fill is comprised varying amounts of sand, clay, and gravel, and may have local areas of man-made debris such as lumber, concrete and brick fragments, and industrial slag materials in areas of undocumented or very old fill. Consistency of the clays range from soft to very stiff, and density of the sands range from very loose to medium dense. The artificial fills in the City of Santa Clara include materials that were placed to fill in naturally low areas, to create building pads and roadways, and to construct landfills. In some cases, older, non-engineered fills have been placed in the City of Santa Clara without standards for fill materials or compaction. Building on non-engineered fills can result in the excessive settlement of structures, pavements, and utilities. However, artificial fills placed using current engineering practices would avoid impacts from excessive or differential settlement. (City of Santa Clara, 2011)

5.7.1.3. Soils
Soils within the Project area reflect the underlying rock type, the extent of weathering of the rock, the degree of slope, and the degree of human modification. The Project site is underlain by two soil associations, the Urban Land–Clear Lake complex, and the Urban Land–Campbell complex (NRCS, 2022). The site is entirely underlain by the Urban Land-0 to 2 percent slopes-basins soil unit. Urban Land-0 to 2 percent slopes-basins soils consist of disturbed/human transported material on basin floors (NRCS, 2023).

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Expansive soils are characterized by their ability to undergo significant volume change (shrink and swell) due to variations in soil moisture content. Changes in soil moisture can result from rainfall, landscape irrigation, utility leakage, roof drainage, and/or perched groundwater. Expansive soils are typically very fine grained with a high to very high percentage of clay. Such soil conditions can affect the structural integrity of buildings and other structures. Soils with moderate to high shrink-swell potential would be classified as expansive soils. Expansion potential of the Urban Land-0 to 2 percent slopes-basins soils underlying the Project site is undetermined (NRCS, 2023), however the site is mapped as being underlain by alluvial clay (Dibblee and Minch, 2005) that may contain expansive soils due to the high clay content.

Weak (loose or poorly consolidated) soils can compress, collapse, or spread laterally under the weight of buildings and fill, causing settlement relative to the thickness of the weak soil. Usually, the thickness of weak soil will vary and differential settlement will occur. Weak soils also tend to amplify shaking during an earthquake, and can be susceptible to liquefaction, as discussed further in sections below. (City of Santa Clara, 2011) According to hazard mapping compiled by the County of Santa Clara (2012), only soils near the Bay at the City’s northernmost edge are identified as compressible.

Potential soil erosion hazards vary depending on the use, conditions, and textures of the soils. The properties of soil that influence erosion by rainfall and runoff are those that affect the infiltration capacity of a soil, and those that affect the resistance of a soil to detachment and being carried away by falling or flowing water. Additionally, soils on steeper slopes would be more susceptible to erosion due to the effects of increased surface flow (runoff) on slopes where there is little time for water to infiltrate before runoff occurs. Soils containing high percentages of fine sands and silt and that are low in density, are generally the most erodible. With increasing clay and organic matter content of these soils, the potential for erosion decreases. Clays act as a binder to soil particles, thus reducing the potential for erosion. Soil erosion hazards are not identified for wind or water at the Projectsite (NRCS, 2023), however the geologic unit underlying the Project site is mapped as alluvial clay and is thus not expected to be highly erodible (Dibblee and Minch, 2005).

5.7.1.4. Subsidence
Land subsidence can occur in valleys containing aquifer systems that are, in part, made up of fine-grained sediments and that have undergone extensive groundwater development. As the groundwater is withdrawn, the pore-fluid pressure in the sediments decreases allowing the weight of the overlying sediment to permanently compact or compress the fine-grained units. This effect is most pronounced in younger, unconsolidated sediments. Land subsidence is generally characterized by a broad zone of deformation where differential settlements are small. The main cause of subsidence in California is groundwater pumping. The effects of subsidence include damage to buildings and infrastructure, increased flood risk in low-lying areas, and lasting damage to groundwater aquifers and aquatic ecosystems (USGS, 2023a).

Between about 1915 and 1969, the northern portion of Santa Clara County experienced as much as 13 feet of subsidence caused by excessive pumping of groundwater. Over 100 square miles from San Jose to southern San Francisco Bay were impacted (SCCVWD, 2023). The Santa Clara Valley Water District aquifer recharge efforts starting in the mid-1930s of building dams, importing water, and implementing a pumping tax in 1964 proved successful in allowing groundwater levels to recover (USGS, 2023a). By about 1970, subsidence was essentially halted because of Santa Clara Valley Water District’s investments in reservoirs, diverse water supplies, and groundwater recharge, along with management programs that allowed groundwater conditions to recover (SCCWD, 2023).

5.7.1.5. Slope Stability
Important factors that affect the slope stability of an area include the steepness of the slope, the relative strength of the underlying rock material, and the thickness and cohesion of the overlying colluvium and alluvium. The steeper the slope and/or the less strong the rock, the more likely the area is susceptible to KIFER RECEIVING STATION BESS PROJECT 5.7. GEOLOGY AND SOILS JULY 2023 5.7-4 FINAL MND/INITIAL STUDY
landslides. The steeper the slope and the thicker the colluvium, the more likely the area is susceptible to debris flows. Another indication of unstable slopes is the presence of old or recent landslides or debris flows.

The Project site, located in the City of Santa Clara is on the gently sloping and nearly flat valley floor, is a flat graded parcel and would not be subject to landslides. According to landslide hazard mapping compiled by the County of Santa Clara (2012), the City of Santa Clara is not within a landslide hazard zone and the CGS does not map and any landslide hazard zones within the city or at or near the Project site (CGS, 2023a).

5.7.1.6. Seismicity
Per the Alquist-Priolo Act, seismic faults can be classified as a Holocene active, a Pre-Holocene, Ageundetermined, or inactive, based on the following criteria (CGS, 2018):
 Holocene-active faults: Faults that have moved during the past 11,700 years. This age boundary is an absolute age (number of years before present) and is not a radiocarbon (14C) age determination, which requires calibration in order to derive an absolute age.  Pre-Holocene faults: Faults that have not moved in the past 11,700 years, thus do not meet the criteria of “Holocene-active fault” as defined in the A-P Act and SMGB regulations. This class of fault may be still capable of surface rupture but is not regulated under the A-P Act. Depending on available sitespecific and regional data such as proximity to other active faults, average recurrence, variability in recurrence, the timing of the most recent surface rupturing earthquake, and case studies from other surface rupturing earthquakes, the Project geologist may, but is not required to, recommend setbacks.

Engineered solutions can also be considered by a licensed engineer operating within his or her field of practice.
 Age-undetermined faults: Faults where the recency of fault movement has not been determined. Faults can be “age-undetermined” if the fault in question has simply not been studied in order to determine its recency of movement. Faults can also be age-undetermined due to limitations in the ability to constrain the timing of the recency of faulting. Examples of such faults are instances where datable materials are not present in the geologic record, or where evidence of recency of movement does not exist due to stripping (either by natural or anthropogenic processes) of Holocene-age deposits. Within the framework of the A-P Act, age-undetermined faults within regulatory Earthquake Fault Zones are considered Holocene-active until proved otherwise.
 Inactive: A fault may only be presumed to be inactive based on satisfactory geologic evidence; however, the evidence necessary to prove inactivity sometimes is difficult to obtain and locally may not exist.

Although it is difficult to quantify the probability that an earthquake will occur on a specific fault, this classification assumes that if a fault has moved during the Holocene epoch, it is likely to produce earthquakes in the future and is considered an active fault.

The Project area will be subject to regional ground shaking associated with earthquakes on faults of the San Andreas fault system. Active faults of the San Andreas system are predominantly strike-slip faults accommodating translational movement between the Pacific and North American tectonic plates.

Significant damaging earthquakes that have occurred on the San Andreas fault system within 50 miles of the Project site include:
 M7.9 1906 San Francisco Earthquake, the M6.9 1989 Loma Prieta Earthquake – resulted in 3,000 dead and $524 million in property damage (includes damage from fire);  M7.4 1838 San Andreas Fault Earthquake – magnitude estimated due to damage, resulted in damage in San Francisco and Santa Clara;
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 M 6,9 1989 Loma Prieta Earthquake – resulted in 63 dead, 3,737 injured, and $6 billion in property damage, and
 M6.8 1868 Hayward Fault Earthquake - 30 dead and $350,000 in property damage (USGS, 2023b; CGS, 2023a).

Periodic earthquakes accompanied by surface displacement can be expected to continue in the Project area. Active and potentially active faults within 50 miles of the Project that are significant potential seismic sources relative to the proposed Project are presented in Table 5.7 1.

Table 5.7-1. Significant Active and Potentially Active Faults within 50 miles of the Proposed Project
Fault Name
Distance1
(miles)
Estimated Maximum
Magnitude2,3 Fault Type1
Hayward–Rodgers Creek 5.92 6.8–7.3 Right Lateral Strike Slip, 90◦ dip Monte Vista–Shannon 6.92 6.5 Thrust Fault, dips 45°W
Calaveras 9.22 6.4–7.0 Right Lateral Strike Slip, 90◦ dip San Andreas 11.1
2 7.1-7.9 Right Lateral Strike Slip, 90◦ dip
Zayante-Vergeles 19.9 7.0 Right Lateral Strike Slip, 90◦ dip Greenville Connected 24.1 7.0 Right Lateral Strike Slip, 90◦ dip San Gregorio Connected 24.7 7.5 Right Lateral Strike Slip, 90◦ dip Mount Diablo Thrust 25.4 6.7 Blind Thrust, dips 38° NE
Monterey Bay–Tularcitos 32.8 7.3 Right Lateral Strike Slip, 90◦ dip Great Valley 7 34.1 6.9 Blind Thrust, dips 15° W
Green Valley Connnected 36.2 6.8 Right Lateral Strike Slip, 90◦ dip Ortigalita 37.6 7.1 Right Lateral Strike Slip, 90◦ dip
Great Valley 8 43.8 6.8 Blind Thrust, dips 15° W
Great Valley 5 , Pittsburg Kirby Hills 44.5 6.7 Blind Thrust (reverse), dips 90° Quien Sabe 44.9 6.6 Right Lateral Strike Slip, 90◦ dip
Rinconada 49.5 7.5 Right Lateral Strike Slip, 90◦ dip
1 Fault distances and type obtained from the 2008 National Seismic Hazard Maps – Source Parameters website (USGS, 2023c).

Fault distances measured to generalized to the National Seismic Hazard Map (NSHM) fault trace. 2 Fault distance modified using USGS and CGS Quaternary Faults data (USGS and CGS, 2023). 3 Maximum Earthquake Magnitude – the maximum earthquake that appears capable of occurring under the presently known tectonic framework; magnitude listed is “Ellsworth-B” magnitude from USGS 2008 National Seismic Hazard Maps - Source Parameters unless otherwise noted.
4 Range of Magnitude represents varying potential rupture scenarios with single or multiple segments rupturing in various combinations.

Fault Rupture
Fault rupture is the surface displacement that occurs when movement on a fault deep within the earth breaks through to the surface. Fault rupture and displacement almost always follows preexisting faults, which are zones of weakness; however, not all earthquakes result in surface rupture (i.e., earthquakes that occur on blind thrusts do not result in surface fault rupture). Rupture may occur suddenly during an earthquake or slowly in the form of fault creep. In addition to damage caused by ground shaking from an earthquake, fault rupture is damaging to buildings and other structures due to the differential displacement and deformation of the ground surface that occurs from the fault offset leading to damage or collapse of structures across this zone.

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While the closest fault to the Project site is the active Alquist-Priolo zoned Hayward fault (part of the Hayward-Rodgers Creek fault zone), no known active or potentially active faults are mapped crossing or immediately adjacent to the Project site (CGS, 2023b). Additionally, the City of Santa Clara is not crossed by any faults zoned under the Alquist-Priolo Earthquake Fault Zoning Act (CGS, 2023b; City of Santa Clara, 2011). There is no risk of surface fault rupture at the Project site.

Ground Shaking
An earthquake is classified by the amount of energy released, which traditionally has been quantified using the Richter scale. Recently, seismologists have begun using a Moment Magnitude (M) scale because it provides a more accurate measurement of the size of major and great earthquakes. For earthquakes of less than M 7.0, the Moment and Richter Magnitude scales are nearly identical. For earthquake magnitudes greater than M 7.0, readings on the Moment Magnitude scale are slightly greater than a corresponding Richter Magnitude. Numerous moderate and large earthquakes have occurred within 50 miles of the Project site, including 49 earthquakes of M 5.5 or greater which includes 19 earthquakes of M 6.0 to M 6.9, and two earthquakes of greater than M 7.0. These include two catastrophically damaging earthquake: the 1906 M 7.9 San Francisco Earthquake and the 1989 M 6.9 Loma Prieta Earthquake and its aftershocks (USGS, 2023b).

The intensity of the seismic shaking, or strong ground motion, at the Project site during an earthquake is dependent on the distance between the Project area and the epicenter of the earthquake, the magnitude of the earthquake, and the geologic conditions underlying and surrounding the Project area. Earthquakes occurring on faults closest to the Project area would most likely generate the largest ground motion.

Earthquake damage resulting from ground shaking is determined by several factors: the magnitude of an earthquake, depth of focus, distance from the fault, intensity and duration of shaking, local groundwater and soil conditions, presence of hillsides, structural design, and the quality of workmanship and materials used in construction. The USGS National Seismic Hazard Maps (NSHM) were used to estimate approximate peak ground accelerations (PGAs) in the proposed Project area. The NSHMs depict peak ground accelerations with a 2 percent probability of exceedance in 50 years which corresponds to a return interval of 2,475 years and for a maximum considered earthquake. The estimated approximate peak ground acceleration from large earthquakes for the Project site is between 0.80 and 1.2 g, which corresponds to strong to very strong seismically induced ground shaking (USGS, 2023d). The City is located in a region characterized by a moderate to high ground shaking hazard. (City of Santa Clara, 2011) Liquefaction
Liquefaction is the phenomenon in which saturated granular sediments temporarily lose their shear strength during periods of earthquake-induced strong ground shaking. The susceptibility of a site to liquefaction is a function of the depth, density, and water content of the granular sediments and the magnitude and frequency of earthquakes in the surrounding region. Saturated, unconsolidated silts, sands, and silty sands within 50 feet of the ground surface are most susceptible to liquefaction. Liquefactionrelated phenomena include lateral spreading, ground oscillation, flow failures, loss of bearing strength, subsidence, and buoyancy effects (Youd and Perkins, 1978). In addition, densification of the soil resulting in vertical settlement of the ground can also occur. In order to determine liquefaction susceptibility of a region, three major factors are considered: the density and textural characteristics of the alluvial sediments; the intensity and duration of ground shaking; and the depth to groundwater.

The City of Santa Clara is almost entirely within a zone of liquefaction hazard (County of Santa Clara, 2012).

Ground failure caused by liquefaction is thus a substantial concern for much of the City’s development.

The Project site is within a mapped CGS liquefaction hazard zone (CGS, 2023b). Additionally, the Project site is underlain by potentially liquefiable young alluvial sediments with shallow (less than 10 feet below ground surface) to artesian water levels (water levels that flow to the surface) (CGS, 2001; DWR, 2023).

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Paleontology
Paleontological resources are the fossilized remains of organisms from prehistoric environments found in geologic strata. These are valued for the information they yield about the history of the earth and its past ecological settings. According to the City of Santa Clara General Plan EIR, the City is situated on alluvial fan deposits of the Holocene age, consisting of gravel, sand and finer sediments. Along the City’s major streams are natural levee deposits consisting of silt and clay, also of the Holocene age. Geologic units of Holocene age are generally not considered sensitive for paleontological resources, because biological remains younger than 10,000 years are not usually considered fossils. Holocene materials in the Santa Clara Valley may have some level of sensitivity for paleontological resources (City of Santa Clara, 2011).

The Project site is in the Santa Clara Valley, where these Holocene age sediments overlie older, Pleistocene age sediments that have a high potential to contain paleontological resources. The Pleistocene age sediments, often found at depths of 10 feet (3 meters) or more below the ground surface in the region, have yielded the fossil remains of plants and extinct terrestrial Pleistocene vertebrates (City of Santa Clara, 2011). Pleistocene alluvial sediments may be found at depths of 5 to 10 feet below Holocene alluvium in the Project area (Helley, 1990).

The Project site is underlain by artificial fill over young channel deposited alluvial sediments which have no and low paleontological sensitivity, respectively; the young alluvial sediments are unlikely to have significant fossils due to their age and their high energy method of deposition. The greatest anticipated depth of any excavation at the site would be approximately 10 feet for the 60 kV transmission line structures.

All other excavations would be at shallower depths.

5.7.1.7. Regulatory Background
Federal
The Clean Water Act. The Clean Water Act establishes the basic structure for regulating discharges of pollutants into the Waters of the U.S. The Act authorized the Public Health Service to prepare comprehensive programs for eliminating or reducing the pollution of interstate waters and tributaries and improving the sanitary condition of surface and underground waters with the goal of improvements to and conservation of waters for public water supplies, propagation of fish and aquatic life, recreational purposes, and agricultural and industrial uses. The proposed Project construction may disturb a surface area greater than one acre; therefore, SVP would be required to obtain a National Pollution Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction Activity under Clean Water Act regulations. Compliance with the NPDES would require that the applicant prepare and submit a Storm Water Pollution Prevention Plan (SWPPP).

The International Building Code (IBC). The International Building Code (IBC) is published by the International Code Council (ICC). The scope of this code covers major aspects of the design and construction and structures and buildings, except for three-story one- and two-family dwellings and town homes. The International Building Code has replaced the Uniform Building Code as the basis for the California Building Code and contains provisions for structural engineering design. The 2018 IBC addresses the design and installation of structures and building systems through requirements that emphasize performance. The IBC includes codes governing structural as well as fire- and life-safety provisions covering seismic, wind, accessibility, egress, occupancy, and roofs.

State
The California Building Code, Title 24, Part 2 (CBC, 2019). The California Building Code, Title 24, Part 2 provides building codes and standards for design and construction of structures in California. The 2019 CBC is based on the 2018 International Building Code with the addition of more extensive structural KIFER RECEIVING STATION BESS PROJECT 5.7. GEOLOGY AND SOILS JULY 2023 5.7-8 FINAL MND/INITIAL STUDY
seismic provisions. Chapter 16 of the CBC contains definitions of seismic sources and the procedure used to calculate seismic forces on structures.

The California Fire Code, Title 24, Part 9, Chapter 12 (CFC, 2019). The California Fire Code, Title 24, Part 9, Chapter 12 provides codes and standards for design and construction of Energy Systems as it relates to fire safety. Section 1206 specifically applies to electrical Energy Storage Systems (ESS) and provides information on permit, construction, hazard mitigation, and operational requirements. It also includes a requirement that ESS structures shall comply with seismic design requirements of CBC Chapter 16.

The Alquist-Priolo Earthquake Fault Zoning Act of 1972, Public Resources Code (PRC), sections 2621– 2630 (formerly the Special Studies Zoning Act). The Alquist-Priolo Earthquake Fault Zoning Act regulates development and construction of buildings intended for human occupancy to avoid the hazard of surface fault rupture. While this Act does not specifically regulate transmission and telecommunication lines; it does help define areas where fault rupture is most likely to occur. This Act groups faults into categories of active, potentially active, and inactive faults. Historic and Holocene age faults are considered active, Late Quaternary and Quaternary age faults are considered potentially active, and pre-Quaternary age faults are considered inactive. These classifications are qualified by the conditions that a fault must be shown to be “sufficiently active” and “well defined” by detailed site-specific geologic explorations in order to determine whether building setbacks should be established.

The Seismic Hazards Mapping Act (the Act) of 1990 (Public Resources Code, Chapter 7.8, Division 2, sections 2690–2699). The Act directs the California Department of Conservation, Division of Mines and Geology [now called California Geological Survey (CGS)] to delineate Seismic Hazard Zones. The purpose of the Act is to reduce the threat to public health and safety and to minimize the loss of life and property by identifying and mitigating seismic hazards. Cities, counties, and State agencies are directed to use seismic hazard zone maps developed by CGS in their land-use planning and permitting processes. The Act requires that site-specific geotechnical investigations be performed prior to permitting most urban development projects within seismic hazard zones.

Public Resources Code Section 5097.5. PRC Section 5097.5 provides for the protection of cultural resources. This PRC section prohibits the removal, destruction, injury, or defacement of archaeological features on any lands under the jurisdiction of State or local authorities.

PRC Section 5097.5 also affirms that no person shall willingly or knowingly excavate, remove, or otherwise destroy a vertebrate paleontological site or paleontological feature without the express permission of the overseeing public land agency. It further states under PRC Section 30244 that any development that would adversely impact paleontological resources shall require reasonable mitigation. These regulations apply to projects located on land owned by or under the jurisdiction of the State or any city, county, district, or other public agency (PRC §5097.5). The importance of paleontological resources is based on their scientific and educational value. The Society of Vertebrate Paleontology identifies vertebrate fossils, their taphonomy (fossilization process) and associated environmental data, and fossiliferous deposits as scientifically significant nonrenewable paleontological resources (Society of Vertebrate Paleontology, 2010). Botanical and invertebrate fossils and assemblages may also be significant. Absent specific agency guidelines, most professional paleontologists in California adhere to guidelines set forth in “Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources” (Society of Vertebrate Paleontology, 2010). These categories include high, undetermined, low, and no potential.

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Local
City of Santa Clara General Plan. The purpose of the City’s safety policies is to identify potential hazards and measures that can lessen risks for the City’s population and property. The following policies in the General Plan generally relate to the proposed Project (City of Santa Clara, 2014):
 Policy 5.10.5‐P5. Regulate development, including remodeling or structural rehabilitation, to ensure adequate mitigation of safety hazards, including flooding, seismic, erosion, liquefaction and subsidence dangers.
 Policy 5.10.5‐P6. Require that new development is designed to meet current safety standards and implement appropriate building codes to reduce risks associated with geologic conditions.  Policy 5.10.5‐P7. Implement all recommendations and design solutions identified in project soils reports to reduce potential adverse effects associated with unstable soils or seismic hazards.  Policy 5.10.5‐P10. Support efforts by the Santa Clara Valley Water District to reduce subsidence.

In addition, the following Goals and Policies are identified related to paleontology:

Archaeological and Cultural Resources Goals
 Goal 5.6.3‐G1. Protection and preservation of cultural resources, as well as archaeological and paleontological sites.  Goal 5.6.3‐G2. Appropriate mitigation in the event that human remains, archaeological resources or paleontological resources are discovered during construction activities.  Archaeological and Cultural Resources Policies
 Policy 5.6.3‐P1. Require that new development avoid or reduce potential impacts to archaeological, paleontological and cultural resources.
 Policy 5.6.3‐P2. Encourage salvage and preservation of scientifically valuable paleontological or archaeological materials.  Policy 5.6.3‐P4. Require that a qualified paleontologist/archaeologist monitor all grading and/or excavation if there is a potential to affect archeological or paleontological resources, including sites within 500 feet of natural water courses and in the Old Quad neighborhood.  Policy 5.6.3‐P5. In the event that archaeological/paleontological resources are discovered, require that work be suspended until the significance of the find and recommended actions are determined by a qualified archaeologist/paleontologist.

5.7.2. Environmental Impacts and Mitigation Measures
a. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

NO IMPACT. No Alquist-Priolo mapped or other known faults cross the proposed Project area or are immediately adjacent to it. Therefore, there is no potential for the Project to damage by fault rupture and no project activities would result in triggering or to directly or indirectly causing primary fault rupture. ii. Strong seismic ground shaking?
LESS THAN SIGNIFICANT. The proposed Project would be located in an area mapped as likely to experience strong to very strong ground shaking in the event of a large earthquake with PGAs ranging from 0.80 to KIFER RECEIVING STATION BESS PROJECT 5.7. GEOLOGY AND SOILS JULY 2023 5.7-10 FINAL MND/INITIAL STUDY

1.2 g for a 2 percent probability of exceedance in 50 years for the Project area. The area has historically experienced moderate to severe ground shaking due to the numerous earthquakes that have occurred in the San Francisco Bay Area. These earthquakes have resulted in severe damage to structures, billions of dollars in property damage, and deaths.

There will be no full-time onsite workers or occupied structures as part of the Project; workers will be onsite periodically for as needed inspections and maintenance during Project operation. The proposed BESS system (including the BESS units and enclosures and the PCS and their enclosures), and the 60 kV line may be subject to strong to very strong ground shaking during the Project’s lifetime. While the potential for seismically induced ground shaking in the Proposed Project area during Project operation is unavoidable, the BESS and PCS structures and the 60 kV line would be designed per all applicable local and State seismic design criteria. Design of these structures to all appropriate seismic design criteria reduces the potential for loss, injury, or death of workers or the public to less than significant. iii. Seismic-related ground failure, including liquefaction? LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. The proposed Project site is within a CGS liquefaction hazard zone and is underlain by potentially liquefiable alluvial sediments and very shallow groundwater. Therefore, the potential for liquefaction-related damage to the BESS system and 60 kV line is high. The BESS system structures would be designed to appropriate local and State guidelines. However, to ensure that direct and indirect impacts associated with seismically induced ground failures or liquefaction would be less than significant, mitigation measure MM G-1 (Conduct Geotechnical Investigations for Liquefaction) shall be implemented prior to final Project design to ensure that people or structures are not exposed to hazards from the Project associated with earthquake-induced liquefaction.

Mitigation Measure for Seismically Induced Liquefaction MM G-1 Conduct Geotechnical Investigations. Because seismically induced liquefaction-related ground failure has the potential to damage or destroy Project components, design-level geotechnical investigation for the Project shall be performed by SVP and shall include investigations designed to assess the potential for geologic and seismic hazards, and specifically include evaluation of potential for liquefaction and expansive soils to affect the BESS system components and the 60 kV line at the Project site. Where liquefaction or expansive soils hazards are found to exist/verified, appropriate engineering design and construction measures shall be incorporated into the Project designs as deemed appropriate by the Project engineer. Finalized Project design incorporating geotechnical recommendations shall be submitted to the City 60 days prior to Project construction. iv. Landslides?
NO IMPACT. The proposed Project would be located on a flat to relatively flat graded area on the gently sloping Santa Clara Valley floor and no known landslides have occurred in the Project vicinity. The Project site is not located within or near a CGS designated landslide hazard area (CGS, 2023a). Therefore, landslides and other slope failures are highly unlikely to occur and there would be no impact related to landslides or slope instability.
b. Would the project result in substantial soil erosion or the loss of topsoil? LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. The Project site is flat to nearly flat, however some grading and excavation would occur as part of Project construction. Surface disturbing activities such as trenching or grading will be required for construction of the proposed Project but would be done in compliance with regulations pertaining to sediment and runoff control, including silt fencing on the site perimeter. Sediment controls would be implemented to prevent water or wind disturbance and migration of the earth. In addition, as noted in Section 5.10 Hydrology and Water Quality, a stormwater pollution KIFER RECEIVING STATION BESS PROJECT 5.7. GEOLOGY AND SOILS JULY 2023 5.7-11 FINAL MND/INITIAL STUDY
prevention plan or erosion control plan would be required under mitigation measure MM HYD-1 to address surface water quality. Implementation of this measure would ensure that the potential erosion or loss of topsoil is limited and reduced to a less than significant impact.

Mitigation Measure for Soil Erosion or Loss of Topsoil
MM HYD-1 SWPPP or Erosion Control Plan Development and Implementation. (see full text in Section 5.10, Hydrology and Water Quality)
c. Would the project be located on geologic units or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. As discussed above in Item (a)(iii) regarding liquefaction, the proposed Project would be constructed in an area within the zone of liquefaction hazard; therefore, structures could potentially suffer liquefaction-related damage. However, compliance with applicable local and State design regulations and implementation of mitigation measure MM G-1 (Conduct geotechnical investigations) prior to final Project design would ensure that people or structures are not exposed to hazards associated with earthquake-induced liquefaction, reducing the impact to less than significant.

Additionally, as discussed above in Item (a)(iv) Landslides, there would be no impact from landslides as the proposed Project is located on and traverses flat to gently sloping terrain and would not be subject to landslides. Although the Project site is located in an area with known historic subsidence, subsidence in the Santa Clara Valley has been controlled/stopped due to activities and procedures put in place by the Santa Clara Valley Water District and the Project will not construct any new groundwater extraction wells and would not contribute to declining water levels and subsidence. Thus, there would be no impact from subsidence.

Mitigation Measure for Seismically Induced Liquefaction MM G-1 Conduct Geotechnical Investigations. (see full text above) d. Would the project be located on expansive soil, as defined in Section 1803.5.3 of the California Building Code (2019), creating substantial direct or indirect risks to life or property? LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. Mapping by the NRCS indicates that the Project site is underlain by soils mapped as an Urban Land soil unit with undetermined expansive potential. However, the mapped geologic unit underlying the Project site is known to contain high percentage of clay and therefore may be expansive. Expansive soils could impact the integrity and stability of BESS system foundations, damaging structures and potentially injuring workers. Compliance with local and State design requirements would reduce potential impacts from expansive soils. However, to ensure that direct and indirect impacts associated with expansive soils would be less than significant, mitigation measure MM G-1 (Conduct Geotechnical Investigations) shall be implemented prior to final Project design to ensure that people or structures are not exposed to hazards from the Project associated with expansive soils.

Mitigation Measure for Expansive Soils
MM G-1 Conduct Geotechnical Investigations. (see full text above) e. Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? KIFER RECEIVING STATION BESS PROJECT 5.7. GEOLOGY AND SOILS JULY 2023 5.7-12 FINAL MND/INITIAL STUDY
NO IMPACT. The proposed Project would not include any components requiring septic tanks or alternative wastewater systems. Therefore, there would be no impact. f. Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. The proposed Project is anticipated to disturb the ground surface for excavation and grading. Geologic units underlying the site consist of undetermined depths of artificial fill, Holocene alluvium, and Pleistocene alluvium. Depth to Pleistocene alluvium at the site is estimated at 5 to 10 feet below ground surface (Helley, 1990). Although it is unlikely that the limited Project excavation and grading would exceed these depths, there is a chance that Project ground disturbance could potentially encounter older Quaternary alluvium (Pleistocene alluvial sediments) that may contain unique paleontological resources or sites. The possibility that previously unknown paleontological resources could be discovered and damaged or destroyed during Project ground disturbance would potentially constitute a significant impact absent mitigation. Implementation of mitigation measure MM G-2 would evaluate and protect unanticipated discoveries of unique paleontological resources or unique geologic features, thereby reducing this potential impact to a less than significant level.

Mitigation Measure for Paleontological Resources
MM G-2 Worker Training and Management of Paleontological Resources. A paleontologist must be retained who meets the professional paleontologist qualifications (Society of Vertebrate Paleontology’s Standard Procedures, 2010) and has demonstrated experience in carrying paleontological projects to completion. The qualified professional paleontologist shall prepare a Paleontological Worker Environmental Awareness Program (WEAP), and training shall be provided for all staff who will be onsite during excavations. The WEAP shall show what local Pleistocene fossils look like in general, where they may appear in the Project, and how to proceed should material suspected to be a fossil is encountered.

The qualified paleontologist must develop and implement a Paleontological Resources Management Plan (PRMP) for the Project area that meets the standards set forth by the Society of Vertebrate Paleontology (2010). This PRMP shall include:
 A monitoring plan for ground disturbing activities that provides the monitor(s) with the authority to temporarily halt or divert equipment. The Paleontologist shall determine a suitable monitoring schedule based on construction activities and anticipated depth of ground disturbance. Monitors shall be onsite for any disturbance of sediments with high or unknown paleontological sensitivity. Monitors must have demonstrated sufficient paleontological training and field experience to have acceptable knowledge and experience of fossil identification, salvage and collection methods, paleontological techniques, and stratigraphy.
 A recovery plan for significant fossils that provides for the treatment of specimens to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates.
 A specimen identification, analysis, and curation plan that includes identification to the lowest taxonomic level possible; taxonomic, taphonomic, and biostratigraphic analysis; and curation to the standards of the repository where they will be curated.

KIFER RECEIVING STATION BESS PROJECT 5.8. GREENHOUSE GAS EMISSIONS JULY 2023 5.8-1 FINAL MND/INITIAL STUDY

5.8. Greenhouse Gas Emissions

GREENHOUSE GAS EMISSIONS
Would the project:

Potentially
Significant
Impact
Less than
Significant
With Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
b. Conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases?
Significance criteria established by CEQA Guidelines, Appendix G.

5.8.1. Setting
Physical Setting and Effects of GHG Emissions. The global climate depends on the presence of naturally occurring greenhouse gases (GHG) to provide what is commonly known as the “greenhouse effect” that allows heat radiated from the Earth’s surface to warm the atmosphere. The greenhouse effect is driven mainly by water vapor, aerosols, carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), and other constituents. Globally, the presence of GHG affects temperatures, precipitation, sea levels, ocean currents, wind patterns, and storm activity.

Human activity directly contributes to emissions of six primary anthropogenic GHGs: CO2, CH4, N2O, hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). The standard definition of anthropogenic GHG includes these six substances under the 1997 Kyoto Protocol (UNFCCC, 1998). The most important and widely occurring anthropogenic GHG is CO2, primarily from the use of fossil fuels as a source of energy.

Changing temperatures, precipitation, sea levels, ocean currents, wind patterns and storm activity provide indicators and evidence of the effects of climate change. For the period 1950 onward, relatively comprehensive data sets of observations are available. Research by California’s Office of Environmental Health Hazard Assessment (OEHHA) reports certain climate change indicators by categorizing the effects as:
changes in California’s climate; impacts to physical systems including oceans, lakes, rivers, and snowpack; and impacts to biological systems including humans, vegetation, and wildlife. The primary observed changes in California’s climate include increased annual average air temperatures, more-frequent extremely hot days and nights, and increased severity of drought. Impacts to physical systems affected by warming temperatures and changing precipitation patterns show decreasing snowmelt runoff, shrinking glaciers, and rising sea levels. Impacts to terrestrial, marine, and freshwater biological systems, with resulting changes in habitat, agriculture, and food supply are occurring in conjunction with the potential to impact human well-being (OEHHA, 2018).

GHG-Emissions Trends. California first formalized a strategy to achieve GHG reductions in 2008, when California produced approximately 484 million metric tons of CO2 equivalent (MMTCO2e) according to the official Air Resources Board inventory (ARB, 2021). The economy-wide emissions have been declining in recent years, and California emitted approximately 418 MMTCO2e in 2019 (ARB, 2021). Globally, anthropogenic GHG emissions have increased by roughly 80%, from around 27,000 to 49,000 MMTCO2e per year between 1970 and 2010 (IPCC, 2014). In this global context, California emits less than one percent of the global anthropogenic GHG.

5.8.1.1. Regulatory Background
California Global Warming Solutions Act of 2006 [Assembly Bill 32 (AB 32)]. The California Global Warming Solutions Act of 2006 (AB 32) required that California’s greenhouse gas (GHG) emissions be reduced to □ □ ~ □
□ □ □
KIFER RECEIVING STATION BESS PROJECT 5.8. GREENHOUSE GAS EMISSIONS JULY 2023 5.8-2 FINAL MND/INITIAL STUDY
1990 levels by 2020. The reduction is being accomplished through an enforceable statewide cap on global warming emissions beginning in 2012. AB 32 directs the ARB to develop regulations and a mandatory reporting system to track and monitor global warming emissions levels (AB 32, Chapter 488, Statutes of 2006). AB 32 requires ARB to update the Scoping Plan at least every 5 years. Accordingly, the ARB released a 2022 Scoping Plan Update in November 2022 (ARB, 2022).

In passing AB 32, the California Legislature found that:

Global warming poses a serious threat to the economic well-being, public health, natural resources, and the environment of California. The potential adverse impacts of global warming include the exacerbation of air quality problems, a reduction in the quality and supply of water to the state from the Sierra snowpack, a rise in sea levels resulting in the displacement of thousands of coastal businesses and residences, damage to marine ecosystems and the natural environment, and an increase in the incidences of infectious diseases, asthma, and other human health-related problem.

Other major Executive Orders, legislation, and regulations adopted for the purpose of reducing GHG emissions support the implementation of AB 32 and California’s climate goals, as described below.

California Governor’s Executive Order B-30-15 and Senate Bill 32 (SB 32). Executive Order B-30-15 (April 2015) establishes a California greenhouse gas reduction target of 40 percent below 1990 levels by 2030.

One purpose of this interim target is to ensure California meets its target of reducing greenhouse gas emissions to 80 percent below 1990 levels by 2050. This executive order also specifically addresses the need for climate adaptation and directs state agencies to update the California Climate Adaptation Strategy to identify how climate change will affect California infrastructure and industry and what actions the state can take to reduce the risks posed by climate change. Senate Bill 32 (SB 32) of 2016 codifies this GHG emissions target to 40 percent below the 1990 level by 2030.

Clean Energy and Pollution Reduction Act of 2015 [Senate Bill 350 (SB 350)]. California’s state policy objectives on long-term energy planning were updated with SB 350 legislation that was signed into law on October 7, 2015. The requirements include demonstrating through integrated resource planning how each energy service provider, such as SVP, will continue to expand the use of renewable energy supplies in the mix of electricity delivered to end-use customers. With SB 350 California expanded the specific set of objectives to be achieved by 2030, with the following:
 To increase the Renewable Portfolio Standard (RPS) from 33 percent to 50 percent for the procurement of California’s electricity from renewable sources; and  To double the energy efficiency savings in electricity and natural gas end uses by retail customers.

California Governor’s Executive Order B-55-18 and Senate Bill 100 (SB 100). Beyond 2030, Executive Order B-55-18 establishes a statewide goal for California to achieve carbon neutrality by 2045. In September 2018, Senate Bill 100 (SB 100), to revise and extend California’s Renewables Portfolio Standard program, was signed into law. SB 100 accelerated the RPS targets and established the goals of 50 percent renewable energy resources by 2026 and 60 percent renewable energy resources by 2030. These RPS targets are codified according to compliance periods in Pub. Util. Code Section 399.30, as follows: 33 percent by December 31, 2020, 44 percent by December 31, 2024, 52 percent by December 31, 2027, and 60 percent by December 31, 2030. SB 100 also sets a target for California to achieve a GHG-free electricity supply for 100 percent of retail sales of electricity to California end-use customers by December 31, 2045. The 2022 Scoping Plan Update assesses progress towards achieving the updated 2030 targets, while laying out a path to achieve the SB 100 target of carbon neutrality no later than 2045 (ARB, 2022).

Mandatory Reporting of Greenhouse Gas Emissions (17 CCR 95100 to 95158). The ARB Regulation for the Mandatory Reporting of Greenhouse Gas Emissions, or mandatory reporting rule (MRR), applies to KIFER RECEIVING STATION BESS PROJECT 5.8. GREENHOUSE GAS EMISSIONS JULY 2023 5.8-3 FINAL MND/INITIAL STUDY
electric power distribution companies and to fossil fuel electricity generating facilities with a nameplate capacity equal or greater than 1 MW capacity. As an Electric Power Entity under this rule, SVP must report GHG emissions associated with providing electricity to end-use customers.

Cap-and-Trade Program (17 CCR 95801 to 96022). The California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms Regulation (Cap-and-Trade Program) was initially approved by ARB in 2011. The Cap-and-Trade Program applies to covered entities that fall within certain source categories, including first deliverers of electricity (such as fossil fuel power plants) and electrical distribution utilities, such as SVP. The covered entities must hold compliance instruments sufficient to cover the actual GHG emissions, as evidenced through the MRR requirements. This means that SVP, as an electrical distribution utility, bears the GHG compliance obligation for electricity delivered to end-users that are not otherwise covered entities in the Cap-and-Trade Program.

Emission Reductions of SF6 from Gas Insulated Switchgear (17 CCR 95350 to 95359). In 2010, ARB adopted a regulation for reducing or phasing-out SF6 emissions from electric power system gas insulated switchgear. The regulation requires owners of such switchgear to: (1) annually report their SF6 emissions; (2) determine the emission rate relative to the SF6 capacity of the switchgear; (3) provide a complete inventory of all gas insulated switchgear and their SF6 capacities; (4) produce a SF6 gas container inventory; and (5) keep all information current for ARB enforcement staff inspection and verification.

City of Santa Clara, Climate Action Plan (CAP). The City of Santa Clara CAP, adopted on December 3, 2013, proposed to reduce community GHG emissions to 15 percent below 2008 levels by the year 2020. The CAP’s reduction measures address energy use, transportation, land use, water, solid waste, and off-road equipment. On June 7, 2022, the City Council unanimously adopted an updated CAP to align with California’s 2030 GHG reduction targets and carbon neutrality goals for 2045. The City’s 2022 CAP envisions a 40 percent reduction in emissions by 2030 (Senate Bill 32), with an interim target of an 80 percent reduction in emissions by 2035, as it moves toward a 2045 goal of net carbon neutrality (EO B-55-18). In developing the CAP strategies, the City considered how actions contribute to social and economic cobenefits like emissions reductions, equity, green jobs, cost savings and others.

5.8.2. Environmental Impacts and Mitigation Measures
a. Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
LESS THAN SIGNIFICANT. The proposed construction activities include mobilizing construction equipment, crews, and materials, excavating holes for poles, installing concrete foundations and equipment, installing poles, and wire stringing. These activities during construction would cause GHG emissions due to fuels used by the construction vehicles and equipment. Diesel and gasoline-powered construction equipment would include trucks for materials and crews, and the following types of equipment: auger, backhoe or loader, crane, compactor, small welder, pump, and generator. Equipment and motor vehicles would directly emit CO2, CH4, and N2O due to fuel use and combustion, and motor vehicle fuel combustion emissions in terms of CO2e are approximately 95 percent CO2, and CH4 and N2O emissions occur at rates of less than 1 percent of the mass of combustion CO2 emissions.

The resulting one-time quantity of GHG emitted during the 16-month period of construction would be around 788 MTCO2e (Aspen, 2023), based on use of the California Emissions Estimator Model (CalEEMod; v.2020.4.0). These one-time project-level emissions would cease at the conclusion of construction and would be well below the threshold level of 10,000 MTCO2e per year for annually recurring emissions from stationary sources (BAAQMD, 2017).

Upon completion of construction, operation of the Project would not result in a notable incremental increase in GHG emissions from O&M activities. During operation, the quantity of GHG emitted is KIFER RECEIVING STATION BESS PROJECT 5.8. GREENHOUSE GAS EMISSIONS JULY 2023 5.8-4 FINAL MND/INITIAL STUDY
expected to be approximately 134 MTCO2e per year (Aspen, 2023). These operational emissions would comply with the BAAQMD’s project-level threshold of significance, which is annual emissions of less than 1,100 MTCO2e per year. Therefore, impacts would be less than significant. b. Would the project conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? LESS THAN SIGNIFICANT. California’s regulatory setting for GHG emissions (Section 5.8.1) ensures that most of the existing and foreseeable GHG sources in electric power sector are subject to one or more programs aimed at reducing GHG. The 2022 Scoping Plan Update (ARB, 2022) provides an outline of actions to reduce California’s GHG emissions. The scoping plan requires ARB and other state agencies to adopt regulations and other initiatives to reduce GHGs.

The proposed Project would generate limited quantities of direct GHG emissions from the construction and O&M activities. The mix of power serving the end-use customers would not change as a result of the proposed Project. The proposed Project would improve the infrastructure used in delivery of SVP’s energy supply and would not affect SVP’s ability to supply renewable energy. By installing battery energy storage, the Project would be likely to improve SVPs reliability and flexibility in delivery of electricity in compliance with California’s RPS requirements. Increasing the use of renewable generation in conjunction with energy storage is important to the overall objective of decarbonizing the electricity sector (ARB, 2022).

California’s Cap-and-Trade regulation is the major climate program covering Project related GHG emissions. Construction and O&M activities would cause GHG emissions due to fuels used by the vehicles and equipment. The end-users of motor vehicle fuels like gasoline and diesel may include construction contractors that are not otherwise designated as covered entities in the Cap-and-Trade program, and these do not directly bear the Cap-and-Trade compliance obligation. However, all fuel suppliers, including refiners and pipeline companies, must cover the end-user’s GHG emissions. Because the Project-related GHG emissions, including construction-phase emissions and the operational-phase mobile source emissions, would be “covered” by the fuel suppliers subject to Cap-and-Trade requirements, these emissions would not conflict California’s progress towards achieving GHG reductions.

As in the existing conditions, SVP would comply with ARB SF6 regulations to inventory, report, and minimize SF6 leaks through the use of new technology. By complying with these requirements, the proposed Project would not conflict with any applicable GHG management plan, policy, or regulation. Therefore, this impact would be less than significant.

KIFER RECEIVING STATION BESS PROJECT 5.9. HAZARDS AND HAZARDOUS MATERIALS JULY 2023 5.9-1 FINAL MND/INITIAL STUDY

5.9. Hazards and Hazardous Materials

HAZARDS AND HAZARDOUS MATERIALS
Would the project:

Potentially
Significant
Impact
Less than
Significant
With Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
e. For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? g. Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? Significance criteria established by CEQA Guidelines, Appendix G.

5.9.1. Setting
This section addresses issues related to environmental hazards and hazardous materials in the existing conditions. Environmental hazards include accidental spills of hazardous materials, the presence of existing subsurface contamination, the risk of wildfire, and aircraft safety. Hazardous materials include fuel, oil, and lubricants. If encountered, contaminated soil can pose a health and safety threat to workers or the public.

5.9.1.1. Existing and Past Land Uses
Existing and past land use activities are commonly used as indicators of sites or areas with potential for hazardous material storage and use or potential environmental contamination. For example, many current and historic industrial sites have soil or groundwater contamination by hazardous substances.

Other hazardous materials sources include leaking underground tanks in commercial and rural areas, contaminated surface runoff from polluted sites, and contaminated groundwater plumes.

5.9.1.2. Hazardous Materials
Construction activities routinely involve use and storage of hazardous materials such as cleaning solvents, paints, adhesives, vehicle fuels, oil, hydraulic fluid, and other vehicle and equipment maintenance fluids. The use and storage of such materials must comply with federal and state regulations. Use of hazardous material during construction of the rebuilt substation would be limited to motor vehicles fluids associated with □ □ □
□ □ □
□ □ □
□ □ □
□ □ □
□ ~ □ □
□ □ □
KIFER RECEIVING STATION BESS PROJECT 5.9. HAZARDS AND HAZARDOUS MATERIALS JULY 2023 5.9-2 FINAL MND/INITIAL STUDY
construction vehicles. The use, storage, transport, and disposal of hazardous materials used in construction of the facility would be carried out in accordance with federal, state, and county regulations. No extremely hazardous substances (i.e., those governed pursuant to Title 40, Part 335 of the Code of Federal Regulations) are anticipated to be produced, used, stored, transported, or disposed of as a result of the Project’s construction.

Asbestos Containing Material and Lead Based Paint. As part of the Project the existing building on the Project site will be demolished. Due to the age of the building, more than 50 years old, there is a potential that asbestos containing material (ACM) and lead based paint (LBP) may be present on or in the building.

5.9.1.3. Battery Energy Storage Systems
A battery energy storage system (BESS) is a type of system that uses an arrangement of batteries and other electrical equipment to store electrical energy. Containerized systems, which are one form of a modular design, have become a popular means of integrating BESS projects efficiently. The battery storage enclosures include battery cells/modules, an HVAC system, a Battery Management System, and Fire Suppression.

Large-scale BESS are commonly designed for high-powered and rapid-charge cycles that can generate heat quickly and affect the safe operation of the batteries (Conzen et al, 2022). BESS require a reliable and well-performing cooling system that either directly cools the battery cell/modules or cools the enclosure in which the battery packs are installed. Failures of the BESS cooling or fire prevention systems can result in fires and explosions within BESS containers. This can occur under a variety of scenarios (i.e., short circuit), in which the stored chemical energy is converted to thermal energy with the results of cell rupture and the release of large amounts of flammable and potentially toxic gases, which can lead to fire and explosion (Conzen et al, 2022). As of June 2021, approximately 30 global large-scale BESS have experienced failures and destructive fires.

5.9.1.4. Environmental Contamination
The Project site is located near commercial and light industrial properties. A review of the State Water Resources Control Board (SWRCB) GeoTracker (SWRCB, 2023a) and California Department of Toxic Substance Control (DTSC) EnviroStor databases (DTSC, 2023a) revealed there are 28 GeoTracker and 16 EnviroStor listed sites within 0.5-mile radius of the proposed Project site. Of the Geotracker sites 5 are open sites with known or potential environmental contamination and 23 are completed case closed sites (SWRCB, 2023a). Ten of the EnviroStor sites are listed as Inactive-Needs Evaluation, 1 is listed as No Further Action, 1 is listed as No Action Required, 2 are certified Closed sites, and 2 sites were referred to other agencies and closed with one having a Land Use/Deed Restriction (DTSC, 2023a).

The 5 open GeoTracker listings area all Cleanup Program sites, and 11 cleanup program site sites. All 17 of the LUST sites are listed as completed case closed with 4 of the sites located upgradient of the Project site. The two closest upgradient cleanup program sites to the Project site are: Owens Corning Fiberglass located approximately 900 feet south of the Project site, listed as open-verification as of 2009 with continuing soil vapor monitoring but a with a recommendation from the RWQCB for closure in regard to VOC groundwater contamination (SWRCB, 2023b); and 715 Comstock Industrial Property (T10000018684) located approximately 1350 feet southeast of the Project, listed as open-site assessment as of 2022 with VOC and TPH contaminated soil and groundwater and an approved Assessment work plan as of January 2023 (SWRCB, 2023c). The 2 remaining upgradient Site Cleanup sites are both located approximately 2100 feet south to southeast of the Project site and are both undergoing remediation for VOC groundwater contamination and have both submitted remediation completion reports in 2021 (SWRCD, 2023d and e).

None of the case closed LUST site present a contamination hazard to the Project site, except potentially the closed LUST located on the southern Portion of the Project parcel. The Pacific Bell (T0608502404) KIFER RECEIVING STATION BESS PROJECT 5.9. HAZARDS AND HAZARDOUS MATERIALS JULY 2023 5.9-3 FINAL MND/INITIAL STUDY
closed LUST case is located at 3205 Raymond Avenue, the same address as the Project site, however the LUST was located in the southern half of the parcel adjacent to the other building, approximately 130 feet south of the Project site and was case closed in 2001(SWRCB, 2023f). Soil and groundwater sampling conducted at the time of the gasoline tank removal indicated no TPH, VOCs, or MTBE detected in soil, however TPH, VOCs, and MTBE were detected in the underlying groundwater (SWRCB, 2023f). The site underwent remediation and groundwater monitoring and was granted case closure in 2001, with the note that residual petroleum hydrocarbons still existed in the groundwater but at levels below regulatory concern (SWRCB, 2023f).

Five of the EnviroStor sites are located upgradient of the Project site and none have existing contamination issues that present a contamination hazard to the Project site (DTSC, 2023a).

The proposed Project is not located at or near sites identified on a list of hazardous materials waste and substances sites pursuant to Government Code Section 65962.5, including the Cortese List (DTSC, 2021b).

5.9.1.5. Schools
There are no schools or daycare facilities located within a 0.25-mile radius of the Project site. The closest school to the site is the Montague Elementary School of the Santa Clara Unified School District, located approximately 0.85 miles northeast of the Project site.

5.9.1.6. Airports and Airstrips
The Norman Y. Mineta San Jose International Airport (Airport) is located approximately 0.5 miles east of the Project site. A review of the Santa Clara County Comprehensive Land Use Plan (CLUP) for the Airport indicates that the Project site is beneath a mapped flight path and is located between the 65 dB and 70 dB Aircraft Noise Contours (SCCALUC, 2016). Federal Aviation Regulations (FAR) Part 77, Objects Affecting Navigable Airspace, establishes imaginary surfaces for airports and runways as a means to identify objects that are obstructions to air navigation. Each surface is defined as a slope ratio or at a certain altitude above the airport elevation. The Project site is located between the 162 fand 212 feet above Mean Sea Level FAR Part 77 Surface zone of maximum structure height (SCCALUC, 2016). The Project site is at the northwestern edge of the designated Airport Turning Safety Zone (TSZ) and within the Traffic Pattern Zone (TPZ) for the Airport. The TSZ represents the approach and departure areas that have the third highest level of exposure to potential aircraft accidents. The TPZ is that portion of the airport area routinely overflown by aircraft operating in the airport traffic pattern and the potential for aircraft accidents is relatively low and the need for land use restrictions is minimal in the TPZ (SCCLAUC, 2016).

5.9.1.7. Wildfire Hazards
The California Department of Forestry and Fire Protection (CAL FIRE) identifies, and maps areas of significant fire hazards based on fuels, terrain, and other relevant factors. The maps identify this information as a series of Fire Hazard Severity Zones, which are progressively ranked in severity as un-zoned, moderate, high, and very high. Wildland fire protection in California is the responsibility of either the State, local, or federal government. State Responsibility Areas (SRAs) includes those areas where the financial responsibility of preventing and suppressing fires falls primarily on the State. Local Responsibility Areas (LRAs) include incorporated cities, unincorporated county areas, cultivated agriculture lands, and portions of the desert. LRA FHSZ are mapped as either Very High Fire Hazard Severity Zones (VHFHSZ) or as Non-VHFHSZs.

LRA fire protection is typically provided by city fire departments, fire protection districts, counties, and by CALFIRE under contract to local governments (OSFM 2023). Federal Responsibility Areas (FRA) are those located on federal lands not otherwise included in SRAs and LRAs.

The Project would be located within the City of Santa Clara County in the County of Santa Clara. The Fire Hazard Severity Zones Map for Santa Clara County (OFSM 2022) indicates that the Project site is located KIFER RECEIVING STATION BESS PROJECT 5.9. HAZARDS AND HAZARDOUS MATERIALS JULY 2023 5.9-4 FINAL MND/INITIAL STUDY
in an LRA. The proposed Project is located in a fully urbanized developed area with no wildlands at or near the Project site. The Project site is serviced by the Santa Clara Fire Department. For more information on wildfire hazards, see Section 5.20 Wildfire.

5.9.1.8. Electromagnetic Fields
Electric voltage and electric current from transmission lines create electromagnetic fields (EMF). Possible health effects associated with exposure to EMF have been the subject of scientific investigation since the 1970s, and there continues to be public concern about the health effects of EMF exposure. However, EMF is not addressed here as an environmental impact under CEQA. SVP has repeatedly recognized that EMF is not an environmental impact to be analyzed in the context of CEQA because (1) there is no agreement among scientists that EMF does create a potential health risk, and (2) there are no defined or adopted CEQA standards for defining health risks from EMF.

5.9.1.9. Regulatory Background
Hazardous substances are defined by federal and State regulations that aim to protect public health and the environment. Hazardous materials have certain chemical, physical, or infectious properties that cause them to be considered hazardous. Hazardous substances are defined in the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Section 101(14), and also in the California Code of Regulations (CCR), Title 22, Chapter 11, Article 2, Section 66261, which provides the following definition:

A hazardous material is a substance or combination of substances which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may either (1) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed.

Soil excavated from a site containing hazardous materials would be considered a hazardous waste if it exceeded specific CCR Title 22 criteria or criteria defined in CERCLA or other relevant federal regulations.

Remediation (cleanup and safe removal/disposal) of hazardous wastes found at a site is required if excavation of these materials occurs; it may also be required if certain other activities occur. Even if soils or groundwater at a contaminated site do not have the characteristics required to be defined as hazardous wastes, remediation of the site may be required by regulatory agencies subject to jurisdictional authority.

Cleanup requirements are determined on a case-by-case basis by the agency taking lead jurisdiction.

Federal
Toxic Substances Control Act. The federal Toxic Substances Control Act (1976) and the Resource Conservation and Recovery Act of 1976 (RCRA) established a program administered by the U.S. Environmental Protection Agency (EPA) for the regulation of the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA was amended in 1984 by the Hazardous and Solid Waste Act (HSWA), which affirmed and extended the “cradle to grave” system of regulating hazardous wastes. The use of certain techniques for the disposal of some hazardous wastes was specifically prohibited by HSWA.  Resource Conservation and Recovery Act. The federal Toxic Substances Control Act (1976) and the Resource Conservation and Recovery Act of 1976 (RCRA) established a program administered by the United States Environmental Protection Agency (U.S. EPA) for the regulation of the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA was amended in 1984 by the Hazardous and Solid Waste Act, which affirmed and extended the “cradle to grave” system of regulating KIFER RECEIVING STATION BESS PROJECT 5.9. HAZARDS AND HAZARDOUS MATERIALS JULY 2023 5.9-5 FINAL MND/INITIAL STUDY
hazardous wastes. The use of certain techniques for the disposal of some hazardous wastes was specifically prohibited by the Hazardous and Solid Waste Act.  Comprehensive Environmental Response, Compensation, and Liability Act. Congress enacted the federal CERCLA, including the Superfund program, on December 11, 1980. This law provided broad federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. CERCLA established requirements concerning closed and abandoned hazardous waste sites; provided for liability of persons responsible for releases of hazardous waste at these sites; and established a trust fund to provide for cleanup when no responsible party could be identified. CERCLA also enabled the revision of the National Contingency Plan. The National Contingency Plan provided the guidelines and procedures needed to respond to releases and threatened releases of hazardous substances, pollutants, and/or contaminants. The National Contingency Plan also established the National Priorities List. CERCLA was amended by the Superfund Amendments and Reauthorization Act on October 17, 1986.

Clean Water Act. The Clean Water Act (CWA) is the principal federal statute protecting navigable waters and adjoining shorelines from pollution. The law was enacted with the intent of restoring and maintaining the chemical, physical, and biological integrity of the waters of the United States. Since its enactment, the CWA has formed the foundation for regulations detailing specific requirements for pollution prevention and response measures. The U.S. EPA implements provisions of the CWA through a variety of regulations, including the NCP, as described above, and the Oil Pollution and Prevention Regulations. Implementation of the CWA is the responsibility of each state.

As part of the Clean Water Act, the U.S. EPA oversees and enforces the Oil Pollution Prevention regulation (Title 40 CFR Part 112), which is often referred to as the “SPCC rule” because the regulations describe the requirements for facilities to prepare, amend, and implement Spill Prevention, Control, and Countermeasure (SPCC) Plans. A facility is subject to SPCC regulations if the total above ground oil storage capacity exceeds 1,320 gallons, or the underground oil storage capacity exceeds 42,000 gallons, and if, due to its location, the facility could reasonably be expected to discharge oil into or upon the “navigable waters” of the United States. The rule specifies that proactive, and not passive, measures be used to respond to oil discharges.

National Pollutant Discharge Elimination System. The National Pollutant Discharge Elimination System (NPDES) permit program, created in 1972 by the CWA, helps address water pollution by regulating point sources that discharge pollutants to waters of the United States. The permit provides two levels of control:
technology-based limits and water quality-based limits (if technology-based limits are not sufficient to provide protection of the water body). Under the CWA, U.S. EPA may authorize state, tribal, and territorial governments to administer the NPDES permit program, enabling them to perform many of the permitting, administrative, and enforcement aspects of the NPDES program. In states authorized to implement CWA programs, U.S. EPA retains oversight responsibilities. Within the State of California, the SWRCB issues both general permits and individual permits under the NPDES permit program.

Federal Aviation Administration. Title 14, Part 77.9 of the Code of Federal Regulations requires Federal Aviation Administration (FAA) notification for any construction or alteration of navigable airspace exceeding 200 feet above ground level (AGL). It also requires notification for construction or alterations within 20,000 feet of an airport with a runway more than 3,200 feet in length if the height of the construction or alteration exceeds a slope of 100 to 1 extending outward and upward from the nearest point of the nearest runway of the airport. If a project’s height exceeds 200 feet or exceeds the 100:1 surface, the Project applicant must submit a copy of FAA Form 7460-1, Notice of Proposed Construction or Alteration, to the FAA.

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State
The California Fire Code. Chapter 12 of the CFC provides provisions related to the installation, operation and maintenance of energy systems used for generating or storing energy to safeguard the public health, safety and general welfare from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises, and to provide safety and assistance to fire fighters and emergency responders during emergency operations. Section 1207 of the 2022 CFC provides requirements for Electrical ESS and provides information on permits, construction, hazard mitigation, and operational requirements.

California Environmental Protection Agency. The California Environmental Protection Agency (Cal/EPA) was created in 1991, which unified California’s environmental authority in a single cabinet-level agency and brought the Air Resources Board (ARB), State Water Resources Control Board (SWRCB), Regional Water Quality Control Boards (RWQCBs), Integrated Waste Management Board (IWMB), DTSC, Office of Environmental Health Hazard Assessment (OEHHA), and Department of Pesticide Regulation (DPR) under one agency. These agencies were placed within the Cal/EPA “umbrella” for the protection of human health and the environment and to ensure the coordinated deployment of State resources. Their mission is to restore, protect and enhance the environment, to ensure public health, environmental quality, and economic vitality.

California Hazardous Waste Control Law. The California Hazardous Waste Control Law (HWCL) is administered by Cal/EPA to regulate hazardous wastes. While the HWCL is generally more stringent than RCRA, until the EPA approves the California program, both the State and federal laws apply in California. The HWCL lists 791 chemicals and about 300 common materials that may be hazardous; establishes criteria for identifying, packaging and labeling hazardous wastes; prescribes management controls; establishes permit requirements for treatment, storage, disposal and transportation; and identifies some wastes that cannot be disposed of in landfills.

California Department of Toxic Substance Control. Department of Toxic Substance Control (DTSC) is a department of Cal/EPA and is the primary agency in California that regulates hazardous waste, cleans-up existing contamination, and looks for ways to reduce the hazardous waste produced in California. DTSC regulates hazardous waste in California primarily under the authority of RCRA and the California Health and Safety Code. Other laws that affect hazardous waste are specific to handling, storage, transportation, disposal, treatment, reduction, cleanup, and emergency planning.

California Department of Industrial Relations, Division of Occupational Safety and Health Administration. The California Occupational Safety and Health Administration (Cal/OSHA) is the primary agency responsible for worker safety in the handling and use of chemicals in the workplace. Cal/OSHA standards are generally more stringent than federal regulations. The employer is required to monitor worker exposure to listed hazardous substances and notify workers of exposure (8 CCR Sections 337-340). The regulations specify requirements for employee training, availability of safety equipment, accident-prevention programs, and hazardous substance exposure warnings.

California Fire Plan. The Strategic California Fire Plan was finalized in June 2010 and directs each California Department of Forestry and Fire Protection (CAL FIRE) Unit to prepare a locally specific Fire Management Plan. In compliance with the California Fire Plan, individual CAL FIRE units are required to develop Fire Management Plans for their areas of responsibility. These documents assess the fire situation within each of CAL FIRE’s 21 units and six contract counties. The plans include stakeholder contributions and priorities and identify strategic areas for pre-fire planning and fuel treatment, as defined by the people who live and work with the local fire problem. The plans are required to be updated annually.

KIFER RECEIVING STATION BESS PROJECT 5.9. HAZARDS AND HAZARDOUS MATERIALS JULY 2023 5.9-7 FINAL MND/INITIAL STUDY
Local
Santa Clara Fire Department Community Risk Reduction Division. Senate Bill 1082 (Health and Safety Code Chapter 6.11) established the Unified Program (a unified hazardous waste and hazardous materials management regulatory program). The Unified Program is implemented at the local level by local government agencies certified by Cal EPA, known as CUPA. CUPA agencies implement all the Unified Program elements and serve as a local contact for area businesses. The CUPA for the Project area is the Santa Clara Fire Department Community Risk Reduction Division (CRRD). As CUPA for City of Santa Clara, the CRRD administers the following California programs:
 Hazardous Waste Generator Program - This program applies to businesses and facilities that generate hazardous waste in any quantity, consolidates hazardous waste generated at a remote site, or recycles more than 100 kilograms/month of excluded or exempted recyclable materials. The Santa Clara Fire Department Hazardous Materials Division maintains records and conducts inspections of hazardous waste generators within the City of Santa Clara. Businesses that generate hazardous waste are required to submit a "Hazardous Waste Generator Permit Application" when they move into the city or begin generating hazardous waste. (A properly filled out and submitted Hazardous Waste Materials Business Plan may be used in lieu of the Hazardous Waste Generator Permit Application.)  Onsite Hazardous Waste Treatment - The Santa Clara Fire Department Hazardous Materials Division maintains records and conducts inspections of hazardous waste generators who treat wastes on-site in a Fixed Treatment Unit under Permit by Rule, Conditional Authorization, and Conditional Exemption.

The Division currently does not inspect Transportable Treatment Units, full permit facilities, or standardized permit facilities.
 Underground Storage Tank (UST) - SCCRRD implements this program to prevent discharges and releases of hazardous substances from USTs. The Santa Clara Fire Department Hazardous Materials Division maintains records of and inspects underground storage tanks. All underground storage tanks are required to meet current state regulations. Permits are required for the installation or removal of underground storage tanks.
 Aboveground Storage Tank SPCC Plan - As the Certified Unified Program Agency (CUPA) for the City of Santa Clara, the Santa Clara Fire Department Hazardous Materials Division is authorized to implement the California Aboveground Petroleum Storage Act. The Santa Clara Fire Department Hazardous Materials Division inspects facilities that store petroleum products in aboveground tanks with a total petroleum storage quantity at or above 1,320 gallons for compliance with the Aboveground Petroleum Storage Act and referenced sections of the federal Spill Prevention, Control, and Countermeasure (SPCC) rule.
 Hazardous Materials Business Plan (HMBP) - Facilities that store any hazardous material at or above the State-defined thresholds, generally 55 gallons of a liquid, 200 cubic feet of a gas, and 500 pounds of a solid, are subject to a HMBP. The CRRD oversees the preparation and submittal of the HMBP. The HMBP must be kept on site in a readily accessible area. The company must also review the HMBP at least once every two years. Copies of the inventory statement, site map, and facility information included in the HMBP must be submitted to the Santa Clara Fire Department annually.  California Accidental Release Prevention Program - Businesses that handle more than the State threshold quantity of a regulated substance must develop a Risk Management Plan (RMP); an RMP is a detailed engineering analysis of the potential accident factors present at a business and the mitigation measures that can be implemented to reduce this accident potential. The Santa Clara Fire Department Hazardous Materials Division implements the California Accidental Release Prevention Program (CalARP) within the City of Santa Clara. The program requires an assessment of the offsite hazard potential, and the implementation of a program to minimize the risk of release. Companies which are KIFER RECEIVING STATION BESS PROJECT 5.9. HAZARDS AND HAZARDOUS MATERIALS JULY 2023 5.9-8 FINAL MND/INITIAL STUDY
required to prepare a Risk Management Plan for the Environmental Protection Agency pursuant 40 Code of Federal Regulations (CFR), Part 68, are also required to submit a copy of their Risk Management Plan to the Santa Clara Fire Department Hazardous Materials Division.

Santa Clara County Department of Environmental Health Hazardous Materials Compliance Division (HMCD). The HMCD administers the Site Mitigation Program which oversees the Local Oversight Program and the Site Cleanup Program. The Local Oversight Program (LOP) oversees the cleanup of sites contaminated by petroleum from UST releases throughout Santa Clara County. The Site Cleanup Program (SCP) oversees the cleanup of properties contaminated by hazardous materials not exclusively associated with petroleum USTs. California Health & Safety Code Sections 101480 through 101490 state that a responsible party for a contaminated site may request local agency oversight of site assessment and remediation activities. In addition, the HMCD administers the Hazardous Materials Storage Ordinance (County Ordinance No. NS-517.31) and the Toxic Gas Ordinance (County Ordinance No. NS-517.44).

Santa Clara Emergency Operations Plan. In June 2016, the City of Santa Clara adopted an Emergency Operations Plan (EOP) to address the planned response of the City of Santa Clara to emergency situations associated with natural disasters and technological incidents, as well as chemical, biological, radiological, nuclear and explosive emergencies. The EOP establishes the emergency organization, assign tasks, specifies policies and general procedures, and provides for coordination of planning efforts for emergency events such as earthquake, flooding, dam failure, and hazardous materials responses.

City of Santa Clara General Plan. The purpose of the City’s safety policies is to identify potential hazards and measures that can lessen risks for the City’s population and property. The following policies in the General Plan generally relate to the proposed Project (City of Santa Clara, 2014):
 Policy 5.10.5‐P22. Regulate development on sites with known or suspected contamination of soil and/or groundwater to ensure that construction workers, the public, future occupants and the environment are adequately protected.  Policy 5.10.5‐P23. Require appropriate clean‐up and remediation of contaminated sites.  Policy 5.10.5‐P24. Protect City residents from the risks inherent in the transport, distribution, use and storage of hazardous materials.
 Policy 5.10.5‐P27. Locate hazardous waste management facilities in areas designated as Heavy Industrial on the Land Use Diagram if compatible with surrounding uses and consistent with the County Hazardous Waste Management Plan.

5.9.2. Environmental Impacts and Mitigation Measures
a. Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED – CONSTRUCTION. The use of hazardous materials during Project construction would be minimal. Hazardous materials may include gasoline, diesel fuel, hydraulic oils, equipment coolants, and any generated wastes that may include these materials.

These materials are considered hazardous because they are flammable and/or contain toxic compounds, such as volatile organic compounds and heavy metals. Wastes considered hazardous by the State of California would be transported and disposed of according to applicable federal, State, and local regulations, as described above under applicable Regulations. Fueling and routine maintenance of construction equipment and vehicles would be performed off site to the greatest extent feasible. However, minor spills or releases of hazardous materials could occur due upset or improper handling and/or storage practices during construction activities.

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Therefore, implementation of mitigation measure MM HM-1 (Hazardous Substance Control and Emergency Response) would reduce potential impacts associated with hazardous material transport, use, and disposal during construction, which would ensure that Project construction would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Further, SVP would also implement its existing hazardous substance control and emergency response procedures.

Mitigation Measure for Transport, Use, or Disposal of Hazardous Materials MM HM-1 Hazardous Substance Control and Emergency Response. SVP shall implement its hazardoussubstance control and emergency response. procedures as needed. These procedures identify methods and techniques to minimize the exposure of the public and site workers to potentially hazardous materials during all phases of Project construction through operation. They address worker training appropriate to the site worker’s role in hazardous substance control and emergency response. The procedures also require implementing appropriate control methods and approved containment and spill-control practices for construction and materials stored on site. If it is necessary to store chemicals on site, they shall be managed in accordance with all applicable regulations. Material safety data sheets shall be maintained and kept available on site, as applicable.

No known soil contamination was identified within the Project area, however historic groundwater contamination has occurred at the site and at upgradient sites (SWRCB, 2023b though f). In the event that soils, or groundwater suspected of being contaminated (on the basis of visual, olfactory, or other evidence) are removed/encountered during site grading or excavation activities or dewatering activities, the excavated soil and/or extracted groundwater shall be tested and, if contaminated above hazardous waste levels, shall be contained and either treated or disposed of at a licensed waste facility.

The presence of known or suspected contaminated soil or groundwater shall require testing and investigation procedures to be supervised by a qualified person, as appropriate, to meet state and federal regulations.

All hazardous materials and hazardous wastes shall be handled, stored, and disposed of in accordance with all applicable regulations, by personnel qualified to handle hazardous materials. The hazardous substance control and emergency response procedures include, but are not limited to, the following:
 Proper disposal of potentially contaminated soils.
 Establishing site-specific buffers for construction vehicles and equipment located near sensitive resources.
 Emergency response and reporting procedures to address hazardous material spills.  Stopping work at that location and contacting the City Fire Department Hazardous Materials Division immediately if visual contamination or chemical odors are detected.

Work will be resumed at this location after any necessary consultation and approval by the Hazardous Materials Division.

SVP shall complete its Emergency Action Plan Form as part of Project tailboard meetings.

The purpose of the form is to gather emergency contact numbers, identify first aid locations and provide other tailboard safety information.

LESS THAN SIGNIFICANT IMPACT – OPERATION AND MAINTENANCE. Other than substances associated with motor vehicles that would be used for inspections, no hazardous materials are associated with maintenance and operation of the Project. SVP would implement existing operation and maintenance KIFER RECEIVING STATION BESS PROJECT 5.9. HAZARDS AND HAZARDOUS MATERIALS JULY 2023 5.9-10 FINAL MND/INITIAL STUDY
policies to address hazardous materials use after the Project construction is complete. Impacts associated with the transport, use, and disposal of hazardous materials would be less than significant. b. Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED – CONSTRUCTION. Accidental spills of motor vehicles fluids associated with construction vehicles could occur during construction of the proposed Project as discussed in Item (a) above. The minimal amounts of hazardous materials anticipated for use in the Project coupled with implementation of mitigation measure MM HM-1 requirements would reduce potential impacts by requiring the development and implementation of hazardous substance control and health and safety measures.

LESS THAN SIGNIFICANT IMPACT – OPERATION AND MAINTENANCE. No hazardous materials are associated with maintenance and operation of the Project. SVP would implement existing operation and maintenance policies to address hazardous materials use after the Project construction is complete.

The Project would include operation of a BESS. The BESS would be designed, constructed, operated and maintained in accordance with applicable prudent operating industry best practices and regulatory requirements, including fire safety standards. The BESS would comply with the current California Fire Code (CFC), which governs the code requirements to minimize the risk of fire and life safety hazards specific to battery energy storage systems used for load shedding, load sharing, and other grid services (Chapter 12 Section 1206 of the 2019 CFC). If applicable, the system would be certified to UL 9540, the standard associated with control, protection, power conversion, communication, controlling the system environment, air, fire detection and suppression system related to the functioning of the energy storage system. The batteries would be tested to UL 9540A, a test method intended to document the fire characteristics associated with thermal event or fire and would confirm that the system would selfextinguish without active fire-fighting measures. The system would be designed, such that, during a fire event, the results of the UL 9540A test would show that any internal fire is contained within the enclosure and not spread to the other parts of the facility. The results of this test are used to inform facility safety system design and emergency response plans which would be shared with first responders. The BESS would use dry agent fire suppressant-system to detect and suppress fires. If smoke or heat were detected, or if the system were manually triggered, an alarm would sound, horn strobes would flash, and the system would release suppressant, typically FM 200, NOVEC 1230 or similar agent from pressurized storage cylinders. Final safety design would follow applicable standards and would be specific to the technology chosen. Compliance with applicable regulations, guidelines, and standards would reduce the potential for fire related damage to the BESS that may release hazardous materials from damaged batteries to less than significant.

Mitigation Measure for Accidental Release of Hazardous Materials MM HM-1 Hazardous Substance Control and Emergency Response. [see full text under Item (a) above]
c. Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? NO IMPACT. The proposed Project site is not located within 0.25 miles of an existing or proposed school.

Small amounts of hazardous materials will be used and may be stored during Project construction and operation; however, no acutely hazardous materials are anticipated to be used during Project construction or operation. Therefore, there would be no impact to schools related to hazardous materials use.

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d. Would the project be located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED -– CONSTRUCTION. The proposed Project site is not located on or adjacent to any active hazardous materials sites as identified pursuant to Government Code Section 65962.5; therefore, no significant hazard the public or the environment would be created.

However, the Project would be located on the northern portion of a larger parcel on which the southern portion had a former LUST case that is now case closed. As well, several active Cleanup Program sites are located upgradient of the Project site that may have resulted in groundwater contamination at the Project site. Unknown soil or groundwater contamination could be encountered during Project grading and excavation activities.

Contaminated soil or groundwater encountered during construction and considered to be hazardous by the State of California would be handled, stored, transported and disposed of according to applicable federal, State, and local regulations, as described above under applicable Regulations. Implementation of mitigation measure MM HM-1 (Hazardous Substance Control and Emergency Response) would reduce potential impacts associated with encountering unknown hazardous soil or groundwater ensuring that Project construction would not create a significant hazard to the public or the environment through the encountering contaminated soil or groundwater at or near current and former hazardous materials sites.

Further, SVP would also implement its existing hazardous substance control and emergency response procedures.

Pre-construction activities for the Project include removal of the existing building which is over 50 years old and may contain ACM or LBP on or with its building materials. Demolition of the existing building on the Project site could expose construction workers or residents in the vicinity of the Projectsite to harmful levels of ACMs or LBP. Compliance with appropriate federal, State, and local regulations regarding the handling, storage, removal, and disposal of ACM and LBP would reduce potential impacts. Implementation of mitigation measure HM-2 (Asbestos and Lead Based Paint Testing and Removal) would ensure that ACM and LBP are identified and properly removed/remediated prior to building demolition resulting in a less than significant impact to worker or the public related to ACM or LBP exposure.

Mitigation Measures for Unknown Contamination
MM HM-1 Hazardous Substance Control and Emergency Response. [see full text under Item (a) above]
MM HM-2 Asbestos and Lead Based Paint Testing and Removal. The Project would implement the following measures to reduce impacts due to the presence of unknown ACMs and/or LBP in the structure to be demolished:
 In conformance with State and local laws, a visual inspection/predemolition survey, and sampling and testing, shall be conducted prior to the demolition of the on-site building to determine the presence of asbestos-containing materials and/or lead-based paint, and to determine appropriate handling and disposal requirements.  Prior to demolition activities, all building materials containing lead-based paint shall be removed in accordance with Cal/OSHA Lead in Construction Standard, Title 8, California Code of Regulations (CCR) 1523.1. Employee training, employee air monitoring, and dust control shall be conducted during demolition also in accordance with this Standard. Any debris or soil containing lead-based paint or coatings would be disposed of at landfills that meet acceptance criteria for the waste being disposed.

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 All potentially friable ACMs shall be removed in accordance with NESGAP guidelines prior to any building demolition or renovation that may disturb the materials. All demolition activities will be undertaken in accordance with Cal/OSHA standards contained in Title 8 of CCR, Section 1529, to protect workers from exposure to asbestos.  A registered asbestos abatement contractor shall be retained to remove and dispose of ACMs identified in the asbestos survey performed for the site in accordance with the standards stated above.
 Materials containing more than one percent asbestos are also subject to Bay Area Air Quality Management District (BAAQMD) regulations. Removal of materials containing more than one percent asbestos shall be completed in accordance with BAAQMD requirements.

NO IMPACT – OPERATION AND MAINTENANCE. The Proposed Project will not use large quantities of hazardous materials or acutely hazardous materials and is therefore unlikely to be identified during operation on a list of active hazardous materials sites compiled pursuant to Government Code Section 65962.5; therefore, no significant hazard the public or the environment would be created. e. For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?
LESS THAN SIGNIFICANT IMPACT. The Norman Y. Mineta San Jose International Airport (Airport) is located approximately 0.5 miles east of the Project site. The Project site is: beneath a mapped flight path; located between the 65 dB and 70 dB Aircraft Noise Contours; located between the 162 fand 212 feet above Mean Sea Level FAR Part 77 Surface zone of maximum structure height; and at the northwestern edge of the designated Airport Turning Safety Zone (TSZ) and within the Traffic Pattern Zone (TPZ) for the Airport (SCCALUC, 2016). However, the Project would not include on-site staff that would be at increased hazards due aviation hazards nor would the Project structures be of greater size or height than existing industrial or commercial buildings around the site. The height of the BESS structures and tie line would not be tall enough to exceed FAR Part 77 Surface zone of maximum structure height. Therefore, there would be a less than significant impact due to aviation hazards from the Project. f. Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED – CONSTRUCTION. Construction-related temporary short-term lane closures or disruptions may be necessary during the 16-month construction period. In June 2016, the Santa Clara City Council adopted a new comprehensive emergency response plan to replace the prior plan adopted in 2008. The plan provides a legal framework for the management of emergencies and guidance for the conduct of business in the City’s Emergency Operations Center (EOC), including collaboration and coordination between different responsible agencies. The Emergency Operations Plan (EOP) establishes responsibilities and procedures for addressing potential emergencies related to disasters such as earthquakes, flooding, and dam failure; technological incidents; hazardous materials spills or releases; and incidents of domestic terrorism involving weapons of mass destruction, such as Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) devices. The EOP conforms to the requirements of the National Incident Management System (NIMS) mandated by the U.S. Department of Homeland Security. The Santa Clara EOP also builds on and coordinates with the State’s Standardized Emergency Management System (SEMS) and the California State Emergency Plan.

The EOP does not identify specific emergency shelters or evacuation routes in Santa Clara, though schools are identified as preferred facilities for lodging large numbers of people, with churches, hotels, and motels KIFER RECEIVING STATION BESS PROJECT 5.9. HAZARDS AND HAZARDOUS MATERIALS JULY 2023 5.9-13 FINAL MND/INITIAL STUDY
also likely to function as mass care facilities during large-scale disasters. The proposed Project would not interfere with operation of any emergency shelters and would not permanently close off or otherwise alter any existing streets, and therefore would not create any obstructions to potential evacuation routes that might be used in the event of an emergency.

During construction any temporary lane closures would be coordinated with local agencies and as specified in Transportation and Traffic Mitigation Measure T-1 (Construction Traffic Control Plan) (see Section

5.16, Traffic and Transportation). Additionally, any temporary road closures would follow applicable regulations and would not impede emergency response. Adherence to the City’s EOP, coupled with implementation of mitigation measure MM T-1 during construction would ensure that the Project would not impair the implementation of or physically interfere with an adopted emergency response or evacuation plan; therefore, the impact that would occur related to emergency response during construction would be less than significant.

Mitigation Measure for Interference with an Adopted Emergency Response Plan or Emergency Evacuation Plan MM T-1 Construction Traffic Control Plan [See Section 5.17.2 (Transportation) for complete text of the mitigation measure.]
g. Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires?
NO IMPACT - CONSTRUCTION. The proposed Project is in an urban setting with no risk of wildland fire owing to the lack of extensive vegetation in the area. The Project site and surrounding areas are located in an LRA area and are not in mapped VHFHSZ as designated on CAL FIRE wildland fire hazard maps (OSFM, 2022). To reduce the potential of construction triggered fires, fire protection during construction would include minimizing flammable materials in the BESS yard, such as vegetation and fire extinguishers and other portable fire‐fighting equipment would be available onsite. Locations of portable fire extinguishers would include, but not be limited to hot work areas, flammable storage areas, and mobile equipment such as work trucks and other construction vehicles. Fire‐fighting equipment would be marked conspicuously and be accessible. Portable equipment would be routinely inspected, as required by local and federal laws, ordinances, regulations, and standards, and replaced immediately if defective or needing charge.

Therefore, the Project construction would have no direct or indirect impacts related to exposure of people or workers to wildland fires (see also Section 5.20, Wildfire).

LESS THAN SIGNIFICANT IMPACT – OPERATION AND MAINTENANCE. Operation and maintenance activities would be incorporated into SVP’s and Ameresco’s existing O&M schedule for the existing substations and associated facilities. As with current operation and maintenance, SVP and Ameresco would comply with all current federal and State laws related to vegetation clearance and fire prevention.

Additionally, fire prevention for the BESS will comply with federal and State laws, including the CFC.

Thermal runway or other system failures could lead to fire or explosion of the BESS. In order to minimize hazards related to fire and explosion, the BESS would be equipped with a dry agent fire suppression system, and if smoke or heat were to be detected, or if the system were manually triggered, an alarm would sound, horn strobes would flash, and the system would release suppressant, typically FM-200, NOVEC 1230 or a similar clean agent from pressurized storage cylinders. The local Fire Department would be notified. The battery enclosure and the site installation design are all required to be approved by the State Fire Marshal. Therefore, the Project construction would have a less than significant direct or indirect impacts related to exposure of people or workers to wildland fires (see also Section 5.20, Wildfire).

KIFER RECEIVING STATION BESS PROJECT 5.10. HYDROLOGY AND WATER QUALITY JULY 2023 5.10-1 FINAL MND/INITIAL STUDY

5.10. Hydrology and Water Quality

HYDROLOGY AND WATER QUALITY
Would the project:

Potentially
Significant
Impact
Less than
Significant
With Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the
project may impede sustainable groundwater management
of the basin?
c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious
surfaces, in a manner which would:
(i) result in substantial erosion or siltation on- or off-site; (ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding onor offsite; (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or
(iv) impede or redirect flood flows?
d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management
plan?
Significance criteria established by CEQA Guidelines, Appendix G.

5.10.1. Setting

5.10.1.1. Surface Waters and Drainage
Surface water drainage in the City of Santa Clara is primarily to the Guadalupe River (east of the Project site); San Tomas Aquino Creek, also sometimes mapped as the southern extension of Saratoga Creek; (west of the Project site); Saratoga Creek (southwest of the Project site), and Calabazas Creek (west of the Project site) (City of Santa Clara, 2010). The Project site is located approximately equidistantly between San Thomas Aquino Creek to the west and Guadalupe River to the east. The Project site drains to the San Thomas Aquinas Creek within the San Jose International Airport-Frontal San Francisco Bay Estuaries Watershed. Saratoga Creek (and San Tomas Aquino Creek) is listed as an impaired water body by the State Water Resource Control Board (SWRCB) 303 (d) list for diazinon (a pesticide) and trash; the diazinon TMDL listing is from 2007 and is being addressed by the USEPA approved San Francisco Bay Urban Creeks Diazinon TMDL and the trash is being addressed by implementing the trash control provisions of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California (SWRCB, 2023). □ □ □
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All of the streams and rivers crossing the City of Santa Clara originate in the Santa Cruz Mountains, which are largely undeveloped. These streams drain northward across Santa Clara Valley to discharge into San Francisco Bay. Within the City of Santa Clara, these regionally important streams have been substantially channelized and modified to reduce flood hazards. The City of Santa Clara has a storm drainage system that consists of curb inlets that collect and channel surface water, such as rainwater, into a series of storm sewers beneath City’s roadways. The stormwater is transported through the underground pipe to the 4 streams within the City. These streams then directly flow into the San Francisco Bay (City of Santa Clara, 2010).

5.10.1.2. Groundwater Resources
The Santa Clara Valley is primarily underlain by the Santa Clara Valley groundwater basin, which is divided into three subbasins: the San Mateo Plain, the Niles Cone, and the Santa Clara subbasins (DWR, 2022).

The proposed Project site, in the north-central section of the City of Santa Clara, is within the Santa Clara Subbasin (DWR, 2023). The Santa Clara Subbasin is approximately 240 square miles, covering the middle and southern end of the Santa Clara Basin. The water bearing formations of the Santa Clara subbasin include Plio-Pleistocene age Santa Clara Formation of and Pleistocene to Holocene younger alluvium (DWR, 2003). Water production well depths in the Santa Clara Valley average about 278 feet below the ground surface and yield an average of 425 gallons per minute (City of Santa Clara, 2010).

In contrast to other areas adjacent to San Francisco Bay, where saltwater intrusion has been an issue, total dissolved solids in the groundwater have not been a concern for the City of Santa Clara. Nitrates have also not been a problem and are below one‐half of allowable levels in water extracted from the City’s wells. However, manganese, a naturally occurring metal in groundwater, has been detected at one well, resulting in the City installing a manganese removal system for that well before putting it into production (City of Santa Clara, 2010). Water quality in the major producing aquifers in the subbasin is generally sodium and calcium bicarbonate and, although hard, is of good to excellent quality and suitable for most uses (DWR, 2003).

5.10.1.3. Flood Hazard Areas
On Federal Emergency Management Agency (FEMA) flood maps (FEMA, 20092023), the Project site is primarily mapped as Zone X - Area with Reduced Flood Risk due to Levee, however there is a small area mapped as Special Flood Hazard Zone AH subject to the 1% annual flood (i.e., the 100-year flood) running approximately along Raymond Street and the east end of Space Park Dr adjacent to the Project site and potentially lapping over onto the west edge of the Project site. The substation site is outside of this zone.

Special Flood Hazard Zone AH has base flood elevations determined and estimated flood depth of 1 to 3 feet (usually areas of ponding) (FEMA, 2023). At the site, the area designated Special Flood Hazard Zone AH has a base flood elevation of 32 feet, per the Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Map (FIRM) 06085C0064H, effective May 18, 2009the local FEMA flood map (FEMA, 20092023).

According to the City of Santa Clara General Plan from 2010, Figure 5.10-2, the proposed Project site is within the Lexington Dam inundation areas and is immediately adjacent to a small Special Flood Hazard Area, as identified above as Zone AH, however the Project site is not vulnerable to sea level rise.

5.10.1.4. Water Supply
Potable water for the City of Santa Clara comes from a combination of sources: City of San Francisco’s Hetch Hetchy aqueduct system, Santa Clara Valley Water District, and groundwater from City‐owned wells. Groundwater comprises almost 70 percent of the City’s water supply. Recycled wastewater is also KIFER RECEIVING STATION BESS PROJECT 5.10. HYDROLOGY AND WATER QUALITY JULY 2023 5.10-3 FINAL MND/INITIAL STUDY
used in the City for certain landscape irrigation, industrial, and construction purposes (City of Santa Clara, 2010).

5.10.1.5. Regulatory Background
Federal
Clean Water Act. The Clean Water Act (CWA; 33 U.S.C. Section 1251 et seq.), formerly the Federal Water Pollution Control Act of 1972, was enacted with the intent of restoring and maintaining the chemical, physical, and biological integrity of the waters of the United States. The CWA requires states to set standards to protect, maintain, and restore water quality through the regulation of point source and certain non-point source discharges to surface water. Those discharges are regulated by the National Pollutant Discharge Elimination System (NPDES) permit process (CWA Section 402). NPDES permitting authority is delegated to, and administered by, California’s nine Regional Water Quality Control Boards (RWQCB). In addition, the State Water Resources Control Board (SWRCB) regulates the NPDES stormwater program. The proposed Project is under the jurisdiction of the San Francisco Bay Regional Water Quality Control Board (Region 2) and the SWRCB.

Projects that disturb one or more acres are required to obtain NPDES coverage under the California General Permit for Discharges of Storm Water Associated with Construction Activity. The Construction General Permit requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP describes Best Management Practices (BMPs) the discharger will use to protect stormwater runoff. The SWPPP must contain a visual monitoring program and a chemical monitoring program for “non-visible” pollutants to be implemented if there is a failure of BMPs.

Section 401 of the CWA requires that any activity, including river or stream crossing during road, pipeline, or transmission line construction, which may result in discharges into a State waterbody, must be certified by the RWQCB through the issuance of a Waste Discharge Requirement. This certification ensures that the proposed activity does not violate State or federal water quality standards. The limits of nontidal waters extend to the Ordinary High Water Mark (OHWM), defined as the line on the shore established by the fluctuation of water and indicated by physical characteristics, such as natural line impressed on the bank, changes in the character of the soil, and presence of debris.

Section 404 of the CWA requires a permit for construction activities involving placement of any kind of fill material into waters of the U.S. or wetlands. The U.S. Army Corps of Engineers (USACE) may issue either individual, site-specific permits or general, nationwide permits for discharge into U.S. waters. A Water Quality Certification pursuant to Section 401 of the CWA is required for Section 404 permit actions. If applicable, construction would also require a request for Water Quality Certification (or waiver thereof) from the Central Valley RWQCB and/or the Lahontan RWQCB.

Section 303(d) of the CWA (CWA, 33 USC 1250, et seq., at 1313(d)) requires states to identify impaired waterbodies as those which do not meet water quality standards. States are required to compile this information in a list and submit the list to the USEPA for review and approval. This list is known as the Section 303(d) list of impaired waters. As part of this listing process, states are required to prioritize waters and watersheds for future development of Total Maximum Daily Load (TMDL) requirements. A TMDL is the maximum amount of a pollutant that a particular waterbody can receive while still meeting water quality standards, or an allocation of that water pollutant deemed acceptable to receiving waters. The SWRCB and RWQCBs have ongoing efforts to monitor and assess water quality, to prepare the Section 303(d) list, and to develop TMDL requirements.

KIFER RECEIVING STATION BESS PROJECT 5.10. HYDROLOGY AND WATER QUALITY JULY 2023 5.10-4 FINAL MND/INITIAL STUDY
State
Porter-Cologne Water Quality Control Act. The Porter Cologne Water Quality Control Act of 1967, Water Code Section 13000 et seq., requires the SWRCB and the nine RWQCBs to adopt water quality criteria to protect State waters. These criteria include the identification of beneficial uses, narrative and numerical water quality standards, and implementation procedures. The criteria for the Project area are contained in the Water Quality Control Plan (also referred to as a Basin Plan) for the San Francisco RWQCB. Constraints in the water quality control plans relative to the proposed Project relate primarily to the avoidance of altering the sediment discharge rate of surface waters, and the avoidance of introducing toxic pollutants to the water resource. A primary focus of water quality control plans is to protect designated beneficial uses of waters. In addition, anyone proposing to discharge waste that could affect the quality of the waters of the state must make a report of the waste discharge to the Regional Water Board or State Water Board as appropriate, in compliance with Porter-Cologne.

California Water Code Section 13260. California Water Code Section 13260 requires that any person discharging waste, or proposing to discharge waste, within any region that could affect the quality of the waters of the State, other than into a community sewer system, must submit a report of waste discharge to the applicable RWQCB. Any actions related to the proposed Project that would be applicable to Section 13260 would be reported to the San Francisco RWQCB, as applicable.

Local
Water Policies. The purpose of the City’s water policies is off-set increased demand associated with the implementation of the City General Plan. The following policies in the General Plan generally relate to the proposed Project (City of Santa Clara, 2014):
 Policy 5.10.4‐P1. Promote water conservation through development standards, building requirements, landscape design guidelines, education, compliance with the State Water Conservation Landscaping Ordinance, incentives, and other applicable City‐wide policies and programs.  Policy 5.10.4‐P4. Require an adequate water supply and water quality for all new development.  Policy 5.10.4‐P5. Prohibit new development that would reduce water quality below acceptable State and local standards.
 Policy 5.10.4‐P10. Work with Santa Clara Valley Water District to minimize undesirable compaction of aquifers and subsidence of soils.

Safety Policies. The purpose of the City’s safety policies is to identify potential hazards and measures that can lessen risks for the City’s population and property. The following policies in the General Plan generally relate to the proposed Project (City of Santa Clara, 2014):
 Policy 5.10.5‐P11. Require that new development meet stormwater and water management requirements in conformance with State and regional regulations.  Policy 5.10.5‐P13. Require that development complies with the Flood Damage Protection Code.  Policy 5.10.5‐P14. Coordinate with the Federal Emergency Management Agency to ensure appropriate designation and mapping of floodplains.
 Policy 5.10.5‐P16. Require new development to implement erosion and sedimentation control measures to maintain an operational drainage system, preserve drainage capacity and protect water quality.  Policy 5.10.5‐P21. Require that storm drain infrastructure is adequate to serve all new development and is in place prior to occupancy.

KIFER RECEIVING STATION BESS PROJECT 5.10. HYDROLOGY AND WATER QUALITY JULY 2023 5.10-5 FINAL MND/INITIAL STUDY
 Policy 5.10.5‐P22. Regulate development on sites with known or suspected contamination of soil and/or groundwater to ensure that construction workers, the public, future occupants and the environment are adequately protected.

5.10.2. Environmental Impacts and Mitigation Measures
a. Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. Disturbance of soil during construction could result in soil erosion and lowered water quality through increased turbidity and sediment transport into the storm drain system. There are no watercourses or other water bodies within or adjacent to the Project site. Drainage from the site is directed to the municipal storm drain system which likely flows to San Thomas Aquinas Creek and then eventually flows into San Francisco Bay. The City of Santa Clara participates in the regional program for the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP). Santa Clara is committed to improving water quality in the Bay and streams reducing urban runoff pollution through the implementation of the City’s Urban Runoff Management Plan (URMP). The City’s URMP, along with other local Urban Runoff Management Plans, collectively constitute the regional plan that conforms to the federal requirements of the National Pollution Discharge Elimination System (City of Santa Clara, 2010).

During construction, there is also the potential for violations of water quality standards or waste discharge requirements to occur as a result of accidental leaks, spills, or releases of hazardous or potentially hazardous materials. There also is a potential for violations if existing contamination is encountered during construction.

The Project site is approximately 1.2 acres. It is assumed that most of the site would be disturbed during construction, triggering the need for a SWPPP. Implementation of mitigation measure MM HYD-1 would ensure that erosion control best management practices (BMPs) would be in place to reduce potential water quality impacts to a less than significant level whether or not a SWPPP is triggered by State law. In addition to mitigation measure MM HYD-1, complying with applicable water quality standards, including obtaining and adhering to any required water quality permits, would offer sufficient protection to avoid significant adverse impacts to water quality from erosion and sedimentation. Applicable water quality standards and regulations are described above, in Section 5.10.1.

In the event of an accidental spill, adherence to regulatory standards and regulations, as well as implementation of mitigation measure MM HM-1 (Hazardous Substance Control and Emergency Response) (see Section 5.9), would collectively ensure that a suite of BMPs would be applied to minimize the potential for an accidental release of hazardous materials to occur, to quickly and effectively address any such leak, and to quickly and effectively respond to any existing contamination produced or encountered during construction. The intent of regulatory standards is to prevent degradation of water quality to the point where beneficial uses would be impaired. Therefore, potential impacts to water quality standards or waste discharge requirements or other substantial degradation of surface or groundwater quality during construction would be less than significant with implementation of mitigation measures HYD-1 and HM-1 and compliance with regulatory standards. With these compliances, no violations would result from operation of the proposed Project.

Mitigation Measures for Water Quality
MM HYD-1 SWPPP or Erosion Control Plan Development and Implementation. Following Project approval, SVP will prepare and implement a SWPPP, if required by State law, or erosion control plan to minimize construction impacts on surface water and groundwater quality.

KIFER RECEIVING STATION BESS PROJECT 5.10. HYDROLOGY AND WATER QUALITY JULY 2023 5.10-6 FINAL MND/INITIAL STUDY
Implementation of the SWPPP or erosion control plan will help stabilize graded areas and reduce erosion and sedimentation. The plan will designate BMPs that will be adhered to during construction activities. Erosion and sediment control measures, such as straw wattles, covers, and silt fences, will be installed before the onset of winter rains or any anticipated storm events. Suitable stabilization measures will be used to protect exposed areas during construction activities, as necessary. During construction activities, measures will be in place to prevent contaminant discharge.

The Project SWPPP or erosion control plan will include erosion control and sediment transport BMPs to be used during construction. BMPs, where applicable, will be designed by using specific criteria from recognized BMP design guidance manuals. Erosionminimizing efforts may include measures such as properly containing stockpiled soils.

Erosion control measures identified will be installed in an area before construction begins during the wet season and before the onset of winter rains or any anticipated storm events. Temporary measures such as silt fences or wattles, intended to minimize sediment transport from temporarily disturbed areas, will remain in place until disturbed areas have stabilized. The plan will be updated during construction as required by the SWRCB.

A worker education program shall be established for all field personnel prior to initiating fieldwork to provide training in the appropriate application and construction of erosion and sediment control measures contained in the SWPPP. This education program will also discuss appropriate hazardous materials management and spill response. Compliance with these requirements will be ensured by the on-site construction contractor.

MM HM-1 Hazardous Substance Control and Emergency Response (see full text in Section 5.9, Hazards and Hazardous Materials)
b. Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
LESS THAN SIGNIFICANT. Groundwater supplies could be adversely affected through direct consumption of groundwater resources or indirect depletion of groundwater supplies such as through conducting dewatering activities where the water is not returned to the subsurface. In the case of the proposed Project there would be minimal demand for water. Water would be supplied from existing hydrants and/or trucked to the site. During BESS operation, little water would be required. A water truck or hose will be used on-site to support dust suppression during ground disturbing work and to supply water to construction activities. This would not result in a significant demand for water resources from the City of Santa Clara, where groundwater makes up 70 percent of the City’s water supply. The existing supply is adequate for use during the 16-month duration of construction activities. Due to very shallow groundwater levels, dewatering may be necessary if groundwater is encountered. However, given the depth to the groundwater table, water encountered during Project excavation would be shallow and local and dewatering would be for a limited temporary period of time. The small amount of dewatering would therefore not result in a substantial decrease of the groundwater supply or interfere substantially with groundwater recharge or sustainable groundwater management. The site is currently mostly impervious due to the presence of a building and significant paving. The proposed Project would also include mostly impervious or semipervious surfaces. The Project would have minimal effect on groundwater recharge.

Overall, any impacts to groundwater would be less than significant.

KIFER RECEIVING STATION BESS PROJECT 5.10. HYDROLOGY AND WATER QUALITY JULY 2023 5.10-7 FINAL MND/INITIAL STUDY
c. Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. result in substantial erosion or siltation on- or off-site; LESS THAN SIGNIFICANT. The proposed Project has no potential to alter the course of a stream or river, nor to substantially alter the existing drainage pattern of the site or area. The site has been previously graded and paved, with some planting areas with exposed soil. The Project would regrade the site and pave it. This would result in slightly more impervious ground cover compared to existing conditions. There would be only a slight change compared to the impervious area of the site currently and of the surrounding building roofs, streets, sidewalks, and parking lots. The proposed Project would therefore have a less than significant impact on drainage patterns or runoff generation and would not create on- or off-site erosion or siltation.
ii. substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite?
LESS THAN SIGNIFICANT. As described under Item (c)(i) above, the Project site is covered primarily with impervious surfaces except for a few planting beds with trees and exposed soil. The Project would pave the site. This would have a less than significant impact on drainage patterns or runoff generation. The site would drain to the existing stormwater drainage system, similar to existing practice. Impacts on flooding would therefore be less than significant.
iii. create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or LESS THAN SIGNIFICANT. As discussed above, the Project will not substantially increase the rate or amount of runoff. Existing or planned stormwater drainage systems would therefore not be adversely affected.

Except as described under Item (a) above, the Project has no features that would generate substantial polluted runoff. This impact would be less than significant. iv. impede or redirect flood flows?
LESS THAN SIGNIFICANT. The western edge of the Project is adjacent to and just barely within a FEMAdesignated Special Flood Hazard Area (Zone AH, a 100-yer flood zone with estimated flood depth of 1 to 3 feet and a base flood elevation of 32 feet). Construction of a wall along the north and west side of the Project site would be primarily within Zone X - Area with Reduced Flood Risk due to Levee and would not pose a substantial obstruction to flood flows such that flood flows would be impeded or redirected in any substantial way; therefore, the impact would be less than significant. d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? LESS THAN SIGNIFICANT. The proposed Project site is not subject to the effects of a tsunami and is not near a waterbody that would create seiche effects. The site is located within an area of reduced flooding due to levee (Zone X) and adjacent to a 100-year flood zone with estimate depth of flooding of 1 to 3 feet and a base flood elevation of 32 feet. The BESS system components would all be located within the mapped Zone X area of reduced flooding due to levee and, therefore, would not pose a risk of pollutant release due to inundation. This impact is less than significant. e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? LESS THAN SIGNIFICANT. As described in Item (a) above, the Project effect on water quality would be less than significant with mitigation. Although the nearby San Tomas Aquinio/Saratoga Creek is listed as an KIFER RECEIVING STATION BESS PROJECT 5.10. HYDROLOGY AND WATER QUALITY JULY 2023 5.10-8 FINAL MND/INITIAL STUDY
impaired water body, there are no features of the Project that would adversely impact the diazinon or trash load of the creek. There are no features of the Project that would otherwise generate water quality impairments, nor are there any components of the Project construction or use that could otherwise conflict with the implementation of a water quality control plan. The Project would have minimal water use, mainly during construction, which would be obtained from local water purveyors. There are no features of the Project that would otherwise have any effect on groundwater management. Therefore, this impact is less than significant.

KIFER RECEIVING STATION BESS PROJECT 5.11. LAND USE AND PLANNING JULY 2023 5.11-1 FINAL MND/INITIAL STUDY

5.11. Land Use and Planning

LAND USE PLANNING
Would the project:

Potentially
Significant
Impact
Less than
Significant
With Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a. Physically divide an established community?
b. Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental
effect?
Significance criteria established by CEQA Guidelines, Appendix G.

5.11.1. Setting
The proposed Project would be located in a developed area in the central east part of the City of Santa Clara. The proposed Project area and parcels to the north, west, and south are zoned as ML – Light Industrial, and the parcel to the east of the Project area is zoned as Public/Quasi Public. (City of Santa Clara 2014, Figure 5.2-2). The land use in the area is primarily a mix of light industrial and low intensity office/R&D, which includes data centers.

The Light Industrial classification is intended to accommodate a range of light industrial uses, including general service, warehousing, storage, distribution, and manufacturing. It includes flexible space, such as buildings that allow combinations of single and multiple users, warehouses, mini‐storage, wholesale, bulk retail, gas stations, data centers, indoor auto‐related uses and other uses that require large, warehouse‐ style buildings. Because uses in this designation may be noxious or include hazardous materials, places of assembly, such as religious institutions and schools, and uses catering to sensitive receptors, such as children and the elderly, as well as entertainment uses such as clubs, theaters, and sports venues south of U.S. Highway 101, are prohibited.

Low Intensity Office/R&D designations are intended for campus‐like office development that includes office and R&D, as well as free standing data centers. It includes landscaped areas for employee activities and parking that may be surface, structured or below‐grade. Accessory, or secondary, small scale supporting retail uses that serve local employees and visitors are also permitted.

Public or Quasi Public designations allow a variety of public and quasi-public uses, including government offices, fire and police facilities, transit stations, commercial adult care and childcare centers, religious institutions, schools, cemeteries, hospitals and convalescent care facilities, places of assembly, and other facilities that have a unique public character as their primary use. (City of Santa Clara, 2014)

5.11.1.1. Regulatory Background
This section includes a description of the land use and planning regulatory framework. No federal or State regulations or policies related to land use and planning are applicable to the Project.

Local
City of Santa Clara General Plan. The City’s land use policies consider the effects of development to public facilities and infrastructure. The following policies in the General Plan are generally related to the proposed Project (City of Santa Clara, 2014):
 Policy 5.3.1‐P10. Provide opportunities for increased landscaping and trees in the community, including requirements for new development to provide street trees and a minimum 2:1 on‐ or off‐site replace- □ □ ~ □
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ment for trees removed as part of the proposal to help increase the urban forest and minimize the heat island effect.
 Policy 5.3.1-P11. Allow new public/quasi-public uses under any General Plan Land Use classification, provided that the use is compatible with planned uses on neighboring properties, consistent with other applicable General Plan policies, and has primary access from a Collector or larger roadway. Such uses not associated with government operations are prohibited in areas designated as Light Industrial or Heavy Industrial, and in areas designated High or Low Intensity Office/Research and Development outside the Exception Area.
 Policy 5.3.1‐P15. Require new developments and major public infrastructure projects to include adequate rights-of‐way to accommodate all modes of transportation.  Policy 5.3.1‐P17. Promote economic vitality by maintaining the City’s level of service for public facilities and infrastructure, including affordable utilities and high-quality telecommunications.  Policy 5.3.1‐P28. Encourage undergrounding of new utility lines and utility equipment throughout the City.

5.11.2. Environmental Impacts and Mitigation Measures
a. Would the project physically divide an established community? LESS THAN SIGNIFICANT. The Project would be within an existing SVP property. The site is located off a lightly travelled surface street. The closest residential community to the Project is approximately 0.5 miles to the northeast. The Project would not physically divide an established community. Impacts would be less than significant, and no mitigation is required.
b. Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
NO IMPACT. The proposed Project would be consistent with the policies of the City of Santa Clara General Plan, as listed above in Section 5.11.1, Setting. As discussed in Sections 5.1, Aesthetics, and 5.13, Noise, the Project would have less than significant visual and noise impacts. SVP shall obtain all applicable ministerial permits prior to commencing Project activities. The existing building on the site would be demolished prior to construction, after Ameresco obtains a Demolition Permit from the City of Santa Clara. The removal of the existing vegetation would be undertaken in consultation with the City Arborist.

The proposed Project does not cause an environmental impact due to a conflict with any applicable land use plans, policy, or regulation.

KIFER RECEIVING STATION BESS PROJECT 5.12. MINERAL RESOURCES JULY 2023 5.12-1 FINAL MND/INITIAL STUDY

5.12. Mineral Resources

MINERAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less than
Significant
With Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State?
b. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?
Significance criteria established by CEQA Guidelines, Appendix G.

5.12.1. Setting
Mineral resources of significance found and extracted in Santa Clara County include construction aggregate deposits and salts derived from evaporation ponds at the edge of San Francisco Bay (City of Santa Clara, 2014). A review of U.S. Geological Survey (USGS) data indicate that the proposed Project would not be in a classified mineral resource zone (MRZ) and there are no known important mineral resources or active mining operations in the immediate vicinity of the proposed Project (DOC, 2023a; USGS, 2023).

5.12.1.1. Regulatory Background
This section includes a description of the regulatory framework for mineral resources. There are no federal or local regulations associated with mineral resources that are relevant to the proposed Project.

State
California Surface Mining and Reclamation Act of 1975 (SMARA). SMARA requires that the State Geologist classify land into Mineral Resource Zones (MRZs) according to the known or inferred mineral potential of the land. The California Department of Conservation’s Office of Mine Reclamation (OMR) and the State Mining and Geology Board (SMGB) are jointly charged with administration of the Act’s requirements.

The OMR provides technical assistance to lead agencies and operators, maintains a statewide database of mine locations and operational information, and is responsible for matters involving SMARA compliance.

The SMGB promulgates regulations to clarify and interpret SMARA requirements in addition to serving as a policy and appeals board (DOC, 2023b). The SMGB has the authority to further regulate the authority of the local agencies if it finds that the agencies are not in compliance with the provisions of SMARA.

Mineral resources have been mapped using the California Mineral Land Classification System, which include the following four MRZs:
 MRZ-1: Areas where adequate information indicates that no significant mineral deposits are present, or where it is judged that little likelihood exists for their presence;  MRZ-2: Areas where adequate information indicates that significant mineral deposits are present, or where it is judged that a high likelihood exists for their presence;  MRZ-3: Areas containing mineral deposits, the significance of which cannot be evaluated; and  MRZ-4: Areas where available information is inadequate for assignment to any other zone. □ □ □
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5.12.2. Environmental Impacts and Mitigation Measures
a. Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State?
NO IMPACT. The proposed Project and the surrounding vicinity are not located within a classified Mineral Resource Zone and there are no known important mineral resources that would be impacted by the Project. Therefore, the Project would not result in the loss of availability of a known mineral resource of value to the region or State.
b. Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? NO IMPACT. As stated above, there are no designated Mineral Resource Zones in the proposed Project vicinity and there are no known important mineral resources that would be impacted by the Project.

Therefore, the Project would have no impact on any locally important mineral resource recovery sites.

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5.13. Noise
NOISE
Would the project result in:

Potentially
Significant
Impact
Less than
Significant
With Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
b. Generation of excessive groundborne vibration or groundborne noise levels? c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
Significance criteria established by CEQA Guidelines, Appendix G.

5.13.1. Setting

5.13.1.1. Existing Conditions
Community Noise. To describe environmental noise and to assess Project impacts on areas that are sensitive to community noise, a measurement scale that simulates human perception is used. The A-weighted scale of frequency sensitivity accounts for the sensitivity of the human ear, which is less sensitive to low frequencies, and correlates well with human perceptions of the annoying aspects of noise. The A-weighted decibel scale (dBA) is cited in most noise criteria. Decibels are logarithmic units that can be used to conveniently compare wide ranges of sound intensities.

Community noise levels can be highly variable from day to day as well as between day and night. For simplicity, sound levels are usually best represented by an equivalent level over a given time period (Leq) or by an average level occurring over a 24-hour day-night period (Ldn). The Leq, or equivalent sound level, is a single value (in dBA) for any desired duration, which includes all of the time-varying sound energy in the measurement period, usually one hour. The L50, is the median noise level that is exceeded fifty per cent of the time during any measuring interval. The Ldn, or day-night average sound level, is equal to the 24-hour A-weighted equivalent sound level with a 10-decibel penalty applied to nighttime sounds occurring between 10:00 p.m. and 7:00 a.m. Community Noise Equivalent Level (CNEL) is another metric that is the average equivalent A-weighted sound level during a 24-hour day, obtained after addition of five decibels to sound levels in the evening from 7:00 p.m. to 10:00 p.m. and after addition of 10 decibels to sound levels in the night from 10:00 p.m. to 7:00 a.m. To easily estimate the day-night level caused by any noise source emitting steadily and continuously over 24-hours, the Ldn is 6.4 dBA higher than the source’s Leq. For example, if the expected continuous noise level from equipment is 50.0 dBA Leq for every hour, the day-night noise level would be 56.4 dBA Ldn.

Community noise levels are usually closely related to the intensity of human activity. Noise levels are generally considered low when below 45 dBA, moderate in the 45 to 60 dBA range, and high above 60 dBA. In wilderness areas, the Ldn noise levels can be below 35 dBA. In small towns or wooded and lightly used residential areas, the Ldn is more likely to be around 50 or 60 dBA. Levels around 75 dBA are more common in busy urban areas, and levels up to 85 dBA occur near major freeways and airports. Although people often accept the higher levels associated with very noisy urban residential and residential-commercial zones, they nevertheless are considered to be adverse to public health. □ □ □
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Surrounding land uses dictate what noise levels would be considered acceptable or unacceptable. Lower levels are expected in rural or suburban areas than what would be expected for commercial or industrial zones. Nighttime ambient levels in urban environments are about seven decibels lower than the corresponding daytime levels. In rural areas away from roads and other human activity, the day-to-night difference can be considerably less. Areas with full-time human occupation and residency are often considered incompatible with substantial nighttime noise because of the likelihood of disrupting sleep. Noise levels above 45 dBA at night can result in the onset of sleep interference. At 70 dBA, sleep interference effects become considerable (U.S. EPA, 1974).

Noise Environment in the Project Area. The Project area includes land uses that are primarily commercial and industrial. The major arteries, such as Central Expressway and U.S. 101 near the Project site, cause traffic noise levels that exceed 75 dBA CNEL along the edges of the roads, and noise levels that exceed 70 dBA CNEL at the Project site (City of Santa Clara, 2014; General Plan Figure 5.10-4). The Project site is also within the 65 dB CNEL airport noise contour (City of Santa Clara, 2014; General Plan Figure 5.10-5).

Noise Sensitive Areas. The area immediately around the Project includes heavy industrial, light industrial, and low intensity office/R&D designated areas. The closest residential community to the Project is approximately 0.55 miles to the northeast. This community is designated as a very low-density residential area. There is another residential community located approximately 0.9 miles to the west, which is designated as a high-density residential area. There are no residences, churches, or schools within 0.5 miles of the Project site. Project-related work areas would not be within 100 feet of land uses containing sensitive receptors, since there are no sensitive receptors within 100 feet.

5.13.1.2. Regulatory Background
Regulating environmental noise is generally the responsibility of local governments. The U.S. EPA once published guidelines on recommended maximum noise levels to protect public health and welfare (U.S.

EPA, 1974), and the State of California maintains recommendations for local jurisdictions in the General Plan Guidelines published by the Governor’s Office of Planning and Research (OPR, 2017). The following summarizes the local requirements.

The City of Santa Clara City Code. The City Code generally prohibits “loud and unreasonable noise” as a nuisance if it may disturb the peace “between the hours of 10:00 p.m. and 7:00 a.m.” including specifically noise that is “made within two hundred fifty (250) feet of any building or place regularly used for sleeping purposes” (Section 9.05.010). However, Section 9.10.070(d) of the City Code exempts operation of Cityowned electric utility system facilities, including substation equipment, from the Noise Ordinance.

The City’s Noise Ordinance (Chapter 9.10) includes exterior noise limits that must not be exceeded at receiving land uses, for noise generated by any fixed source of noise. Construction activities that occur during allowed hours and noise from city-owned electric facilities are exempt from the noise and vibration standards of the Noise Ordinance (Section 9.10.070).

City of Santa Clara General Plan. The Environmental Quality chapter of the General Plan (City of Santa Clara, 2014) includes policies to encourage land uses that are compatible with areas of higher noise levels and to protect noise sensitive land uses in areas where existing ambient noise levels are high, as follows:
 Policy 5.10.6‐P1. Review all land use and development proposals for consistency with the General Plan compatibility standards and acceptable noise exposure levels defined on Table 5.10‐1.  Policy 5.10.6‐P2. Incorporate noise attenuation measures for all projects that have noise exposure levels greater than General Plan “normally acceptable” levels, as defined on Table 5.10‐1.  Policy 5.10.6‐P3. New development should include noise control techniques to reduce noise to acceptable levels, including site layout (setbacks, separation and shielding), building treatments (mechanical KIFER RECEIVING STATION BESS PROJECT 5.13. NOISE
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ventilation system, sound‐rated windows, solid core doors and baffling) and structural measures (earthen berms and sound walls).
 Policy 5.10.6‐P4. Encourage the control of noise at the source through site design, building design, landscaping, hours of operation and other techniques.
 Policy 5.10.6‐P5. Require noise‐generating uses near residential neighborhoods to include solid walls and heavy landscaping along common property lines, and to place compressors and mechanical equipment in sound‐proof enclosures.  Policy 5.10.6‐P6. Discourage noise sensitive uses, such as residences, hospitals, schools, libraries and rest homes, from areas with high noise levels, and discourage high noise generating uses from areas adjacent to sensitive uses.

5.13.2. Environmental Impacts and Mitigation Measures
a. Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? LESS THAN SIGNIFICANT – CONSTRUCTION. The proposed Project would require a 16-month duration of construction activities that include mobilizing construction equipment, crews, and materials, grading, excavating holes for poles, installing concrete foundations, paving, and installing poles and equipment. The construction activities would require use of vehicles and heavy-duty equipment capable of generating noise within and around the Project site and along the roads used to access the site. Along with onhighway vehicles including trucks, the following types of construction equipment could be used at the site: auger, backhoe or loader, crane, compactor, small welder, pump and generator. Outside of the site, traffic noise would be caused by vehicles transporting equipment and materials to the site, trucks removing demolition and construction-related debris, and workers commuting to and from the work site.

For the Project site, which is zoned as ML-Light Industrial, construction noise would be allowed at any time (Chapter 9.10.040).

Construction would temporarily increase the noise levels near the Project site. Construction would be similar to other construction in an urban environment and, to the extent feasible, would occur between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and 9:00 a.m. and 6:00 p.m. on Saturdays. Limited work, such as tying in new lines, may be required at night to avoid disrupting daytime electric service. The land uses surrounding the site are primarily commercial and industrial. There are no residences within 0.5 miles of the Project site.

Table 5.13-1 summarizes the typical noise levels for individual pieces of construction equipment.

Table 5.13-1. Typical Noise Levels for Individual Construction Equipment Equipment
Typical Lmax
(dBA, at 50 ft)
Typical Leq
(dBA, at 50 ft)
Auger, drill rig 84 77
Backhoe 78 74
Crane 81 73
Compactor 83 76
Excavator 81 77
Generator 81 78
Pump 81 78
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Table 5.13-1. Typical Noise Levels for Individual Construction Equipment Equipment
Typical Lmax
(dBA, at 50 ft)
Typical Leq
(dBA, at 50 ft)
Dump truck, haul truck, concrete
mixer truck
76-79 73-76
Pickup truck, crew truck 75 62-71
Source: FHWA, 2006.

Lmax: Maximum noise level from Actual Measured in Roadway Construction Noise Model.

Leq: Equivalent noise level for one hour incorporating the Acoustical Usage Factor.

Construction activities would create both intermittent and continuous noises during the workday. Intermittent noise would be caused by periodic, short-term equipment operation. For example, the auger or excavator would be used cyclically during the limited phases of creating foundations or below grade trenching. Continuous noise would emanate from equipment operation over longer periods, such as steady use of a pump or generator.