Agenda packet — City Council and Authorities Concurrent, June 4, 2024 (part 6 of 10)

DocuSign Envelope ID: 4924AB7C-4EA3-4615-8E52-1407B8F038A5 769 Service/Maintenance List
769 ltiervIcetMa1ntenance List
772 ltiervIce/MaIntenance List
929 ltiervIce/Ma1ntenance List
206 itiervIce/Ma1ntenance List
293 t>ervIce1IvIaIntenance List
195 Software Upgradestt-·Iashport List
371 Software Upgrades11-Iashport List
430 Sonware upgrades11--Iasnport 20%
262 I est t:quIpment 20%
854 I est t:quIpment List
293 I raIrnng--ProtessIonal t>ervIces List
039 l run king Products and Systems 5%
085 Trunking Products and Systems 15%
112 1 runKing 1-'roducts and Systems 18%
115 1 runKIng 1-'roducts and ::;ystems 10%
152 I runKing 1-'roducts and tiystems 5%
277 I runKIng 1-'roducts and t>ystems 20%
280 I runking Products and t>ystems 18.50%
281 I runking Products and t>ystems 18.50%
377 ·1 runking Products and t>ystems 17%
495 Trunking Products and tiystems 15%
593 Trunking Products and Systems 23%
708 1 runKing Products and Systems 17%
877 1 runKIng Products and Systems 18.50%
002 [Video Solutions 10%
085 [Video t>oIutIons 10%
488 IvIaeo Solutions 10%
964 I Warranty List
218 :vvIreIess MooI11ty 15%
606 wireless Moo111ty 15%
683 vvtreless Morn1Ity 15%
832 iWIreIess Morn11ty 10%
907 vvtreless Moo111ty 15%
908 vvireless Moo111ty 15%
PacKage Discounts -- !-'ackages for ::;ystem 01A7 List
1-'acKage Discounts -- 1-'ackages tor ::;ystem U6t:SA List 1-'acKage uIscounts -- 1-'acKages tor t>ystem 1 uL.7 List

Page 8 ends

DocuSign Envelope ID: 4924AB7C-4EA3-4615-8E52-1407B8F038A5 This page left blank intentionally.

Spreadsheet instructions
1 Review the radio packages in the "Radio Packages" tab and determine how many of each package are required to be shipped each year. 2 - Select the "Ship schedule" tab and enter the number of each radio package and options and accessories required each year. 3 - Email the document back to [email protected] by January 31, 2020. 0 MOTOROLA SOLUTIONS Appendix A
H91TG09PW7AN APX 8000 All BAND PORTABLE MODEL3.5 $6,292.00 rn, 1811 $3,766.39 $3,766.39 0579 1 a Q806CB ADD: ASTRO DIGITAL CAI OPERATION $515.00 2711 1811 $308.28 $308.28 0579 b Q361AN ADD: P25 9600 BAUD TRUNKING $300.00 2711 1811 $179.58 $179,58 0579 C QA00580AA ADD: TOMA OPERATION $450,00 2711 1811 $269.37 $269.37 0579 1 d QSBAL ADO: 3Y ESSENTIAL SERVICE $110,00 011 011 $110.00 $110.00 0185 ADD: OUT OF THE BOX WIFI
1 e QA09007M PROVISIONING $0.00 OIi 1811 $0.00 $0.00 0579 1 f QA09001AB ADD: WIFI CAPABILITY $300.00 2711 18% $179.58 $179.58 0579 1 • H38B5 ADD: SMARTZONE OPERATION $1,500.00 2711 18% $897.90 $897.90 0579 1 h G996AP ADD: PROGRAMMING OVER P25 (OTAP) $100.00 rn, 1811 $59.86 $59.86 0579 1 I Q629All ENH: AES ENCRYPTION $475.00 rn, 1811 $284.34 $284.34 0579 1 I QA0900BM ADD: GROUP SERVICES $150.00 27% 18% $89,79 $89.79 0579 1 k QA07682M ADD: SMARTCONNECT $0.00 0% 18% $0,00 $0.00 0579 $6,145.09 Price Is the difference
between the 3 year and S
1 I Q887 ADD: SY ESSENTIAL SERVICE $96.00 0% 011 $96.00 $96.00 185 year service. 1 m H869 ENH: MULTIKEY ENCRYPTION $330.00 27" 18% $197.54 $197.54 579 1 n Q498 ENH: OTAR w ith MULTIKEY ENCRYPTION $740.00 27% 1811 $442.96 $442.96 579 Price Is the difference
between th e DES/AES
feature and the AES onlv
1 0 Q15AJ ADO: AES/OES-Xl/OES-OFB ENCRYPTION $324.00 2711 1811 $193.95 $193.95 579 feature.

PMNN4486A BATT IMPRES 2 UION R JP67 3400T $163.00 25" 18" $100.25 $100.25 0453

AUDIO ACCESSORY-REMOTE SPEAKER
MICROPHONE,IP68 REMOTE SPEAKER
PMMN4099BL MICROPHONE,3.5MM,U L $132.00 20% 18" $86.59 $86.59 0372 CHARGER, SINGLE-UNIT, IMPRES 2, 3A,
NNTN8860A llSVAC, US/NA $165.00 25" 18% $101.48 $101.48 0785 CHARGER, MULTI-UNIT, IMPRES 2, 6-0ISP,
NNTN8844A NA/LA-PLUG, ACC use CHGR $1,375.00 25% 18% $845.63 $845.63 0785 law Enforcement Dual
Band Portable
VHF/7/800 MHz:

APXBOOO
H91TGD9PW7AN APX 8000 All BAND PORTABLE MODEL3.5 $6,292.00 27% 1811 $3,766.39 $3,766.39 0579 6 a Q806CB ADD: ASTRO DIGrTAL CAI OPERATION $515.00 2711 18% $308.28 $308.28 0579 b Q361AN ADD: P25 9600 BAUD TRUNKING $300.00 2711 18% $179.58 $179.58 0579 C QA00580M ADD: TOMA OPERATION $450.00 2711 18% $269.37 $269.37 0579 6 d Q58AL ADD: 3Y ESSENTIAL SERVICE $110.00 o" o" $110.00 $110.00 0185 6 e QA05509M DEL: DELETE UHF BAND -$800.00 2711 18" -$478,88 ·$478.88 0579 ADD: OUT OF THE BOX WIFI
f QA09007M PROVISIONING $0.00 °" 18" $0.00 $0.00 0579
• QA09001AB ADD: WIFI CAPABllnY $300.00 2711 18" $179.58 $179.58 0579 6 h H388S ADD: SMARTZONE OPERATION $1,500.00 27% 1811 $897.90 $897.90 0579 6 I G996AP ADO: PROGRAMMING OVER P25 {OTAP) $100.00 27% 18" $59.86 $59.86 0579 6 I Q629AH ENH: AES ENCRYPTION 1 $475,00 27% 18% $284.34 $284.34 0579 6 k QA09008AA ADD: GRO UP SERVICES 1 $150,00 27% 18% $89.79 $89,79 0579 6 I QA07682AA ADD: SMARTCONNECT 1 so.oo 0% 18% $0.00 $0.00 0579 $5,666.21 Price ls the difference
between the 3 year and 5
6 m Q887 ADD: SY ESSENTIAL SERVICE $96.00 0% 0% $96,00 $96.00 185 year service. 6 n H869 ENH: MULTIKEY ENCRYPTION $330,00 27% 18% $197.54 $197.54 579 6 0 Q498 ENH: OTAR with MULTIKEY ENCRYPTION $740.00 27% 18% $442.96 $442.96 579 Price Is the difference
between th e DES/AES
feature and the AES only
6 QlSAJ ADO: AE5/DES-XL/OES-OFB ENCRYl7flON $324.00 27% 18% $193.95 $193.95 579 feature. 7 PMNN4486A BATT IMPRES 2 lllON R IP67 3400T $163,00 25% 18% $100.25 $100.25 0453

AU DIO ACCESSORY-REMOTE SPEAKER
MICROPHONE,IP68 REMOTE SPEAKER
8 PMMN4099BL MICROPHONE,3.SMM,Ul $132.00 20% 18% $86.59 $86.59 0372 CHARGER, SINGLE-UNIT, IMPRES 2, 3A,
9 NNTN8860A USVAC, US/NA $165.00 25% 18% $101.48 $101.48 0785 CHARGER, MULT~UNIT, IMPRES 2, 6-0ISP,
10 NNTN8844A NA/lA-PlUG, ACC u se CHGR $1,375.00 25% 18% $845.63 $845.63 0785 law Enforcement Dual
Band Porl able
UHF/7/800 Milz:

APX8000
11 H91TGD9PW7AN APX 8000 All BAND PORTABLE MODEL 3,5 $6,292.00 27% 18% $3,766,39 $3,766.39 0579 11 a Q806CB ADO: ASTRO DIGITAL CAI OPERATION 1 $515.00 27% 18% $308.28 $308.28 0579 11 b Q361AN ADO: P25 9600 BAUD TRUNKING 1 $300,00 27% 18% $179,58 $179.58 0S79 11 ' QA00580AA ADD: TOMA OPERATION 1 $450.00 27% 18% $269.37 $269,37 0579 11 d Q58Al ADD: 3Y ESSENTIAL SERVICE 1 $110.00 0% 0% $110.00 $110.00 0185 11 . QA05508AA DEL: DELETE VHF BAND 1 -$800.00 27% 18% -$478.88 -$478.88 0579 ADD: OUT OF THE BOX WIFI
11 f QA09007AA PROVISIONING 1 so.oo 0% 18% so.oo $0.00 0579 11 g QA09001AB ADO: Wlfl CAPABILITY 1 $300.00 27% 18% $179.58 $179.58 0579 11 h H38BS ADO: SM ARTZONE OPERATION 1 $ 1,500.00 27% 18% $897.90 $897.90 0579 11 I G996AP ADD: PROGRAMMING OVER P25 (OTAP) 1 $100.00 27% 18% $59.86 $59.86 0579 11 I Q629AH ENH: AES ENCRYPTION 1 $475.00 27% 18% $284,34 $284,34 0579 11 k QA09008AA ADD: GROUP SERVICES 1 $150.00 27% 18% $89.79 $89,79 0579 11 I QA07682AA ADD: SMARTCONNECT 1 so.oo 0% 18% $0.00 So.oo 0579 $5,666.21 Price is the difference
between th e 3 year and 5
11 m Q887 ADO: SY ESSENTIAL SERVICE $96,00 0% 0% $96,00 $96.00 185 year service. 11 n H869 ENH: MULTIKEY ENCRYPTION $330.00 27% 18% $197.54 $197.54 579 11 0 Q498 ENH: OTAR wi th MULTIKEY EN CRYPTION $740.00 27% 18¾ $442.96 $442,96 579 Price Is th e difference
between the DES/AES
feature and the AES only
11 p Ql5AJ ADD: AES/DES-XL/DES-OFB ENCRYPTION $324.00 27% 18% $193.9S $193.95 579 fealure. 12 PMNN4486A BATT IMPRES 2 UION R JP67 3400T $ 163.00 25% 18% $100.25 $100.25 0453

AUDIO ACCESSORY-REMOTE SPEAKER
MICROPHONE,IP68 REMOTE SPEAKER
13 PMMN4099Bl MICROPHONE,3.SMM,Ul $132,00 20% 18% $86,59 $86.59 0372 CHARGER, SINGLE-UNIT, IMPRES 2, 3A,
14 NNTN8860A 115VAC, US/NA $165.00 25% 18% $101.48 $101.48 0785 CHARGER, MULTI-UNIT, IMPRES 2, 6-DISP,
15 NNTN8844A NA/LA-PLUG, ACC use CHGR $1,375.00 25% 18% $845.63 $845.63 078S Law Enforcement
Single Band Portable
7 /800 MHz: APX8000
16 H91TGD9PW7AN APX 8000 ALL BAND PORTABLE MODH3.S $6,292.00 27% 18% $3,766.39 $3,766.39 0579 16 a Q806CB ADD: ASTRO DIGITAL CAI OPERATION 1 $515.00 27% 18% $308.28 $308.28 0579 16 b Q361AN ADD: P25 9600 BAUD TRUNKING 1 $300.00 "" 18% $179.58 $179.58 0579 16 ' QA00580AA ADD: TOMA OPERATION 1 $450.00 27% 18% $269,37 $269,37 0579 16 d Q58AL ADD: 3Y ESSEfHIALSERVICE 1 $110,00 o" 0% $110.00 $110.00 0185 16 e 0A05509AA DEL: DELETE UHF BAND 1 -$800,00 "" 18% -$478.88 -$478.88 0579 16 f QA05508AA DEL: DELETE VHF BAND 1 -$800.00 27% 18% -$478.88 -$478.88 0579 ADO: OUT OF THE BOX WtFI
16 ' QA09007AA PROVISIONING 1 $0,00 0% 18% $0.00 $0.00 0579 16 h QA09001AB ADD: WIFI CAPABILITY 1 $300.00 27% 18" $179.58 $179.58 0579 16 I H38BS ADD: SMARTZONE OPERATION 1 $1,500.00 27% 18% $897.90 $897.90 0579 16 I G996AP ADD: PROGRAMMING OVER P25 (OTAP) 1 $100.00 27% 18" $59,86 $59.86 0579 16 k Q629AH ENH: AES ENCRYPTION 1 $475.00 27% 18% $284.34 $284.34 0579 16 I QA09008AA ADO: GROUP SERVICES 1 $150.00 27% 18% $89.79 $89,79 0579 16 m QA07682AA ADD: SMARTCONNECT 1 $0.00 o" 18% $0.00 $0.00 0579 $5,187.33 Price is the difference
between the 3 year and 5
16 n Q887 ADO: SY ESSENTIAL SERVICE $96.00 0% o" $96.00 $96,00 185 year service. 16 0 H869 ENH: MULTIKEY ENCRYPTION $330.00 27% 18¾ $197.54 $197.54 579 16 p Q498 ENH: OTAR with MULTIKEY ENCRYPTION $740.00 27% 18% $442.96 $442.96 579 Price is the difference
between the DES/AES
feature and the AES only
16 q QlSA.J ADD: AES/DES-Xl/DES·OFB ENCRYPTION $324.00 27% 18% $193.95 $ 193.95 579 feature. 17 PMNN4486A BATT IMPRES 2 LJION R IP67 34001 $163.00 25% 18% $100.25 $100.25 0453

AUDIO ACCESSORY-REMOTE SPEAKER
MICROPHONE,IP68 REMOTE SPEAKER
18 PMMN4099BL MJCROPHONE,3.SMM,UL $132.00 20% 18% $86,59 $86,59 0372 CHARGER, SINGLE-U NIT, IMPRES 2, 3A,
19 NNTN8860A llSVAC, US/NA $165.00 25% 18% $101.48 $101.48 0785 CHARGER, MU LTI-UNIT, IMPRES 2, 6-DISP,
20 NNTN8844A NA/LA-PLUG, ACC USB CHGR $1,375.00 25% 18" $845.63 $845.63 0785 Fire Triband Portable:

APXBOOOXE
21 H91TGD9PW7AN APX 8000 ALL BAND PORTABLE MOOEL3.S $6,292.00 "" 18" $3,766.39 $3,766.39 0579 21 a Q806CB ADO: ASTRO DJGITALCAI OPERATION 1 $515.00 27% 18" $308.28 $308.28 0579 21 b Q361AN ADD: P25 9600 BAUD TRUNKING 1 $300.00 27% 18" $179.58 $ 179.58 0579 21 ' QA02006AC ENH: APX8000XE RUGGED RADIO 1 $800.00 27% 18" $478.88 $478,88 0579 21 d QA00580AA ADO: TOMA OPERATION 1 $450.00
"" 18" $269.37 $269.37 0579
21 e Q58AL ADD: 3Y ESSENTIAL SERVICE 1 $110.00 o" °" $110.00 $110.00 0185 ADD: OUT OF THE BOX WIFI
21 f QA09007AA PROVISIONING 1 $0.00 °" 18% $0.00 $0.00 0579 21 ' QA09001AB ADD: WIFI CAPABILITY 1 $300.00 27% 18% $179.58 $179.58 0579 21 h H38BS ADD: SMARTZONE OPERATION 1 $1,500.00 27" 18% $897.90 $897.90 0579 21 I G996AP ADD: PROGRAMMING OVER P25 (OTAP) 1 $100.00 27% 18% $59.86 $59.86 0579 21 I Q629AH ENH: AES ENCRYPTION 1 $475.00 27% 18% $284.34 $284.34 0579 21 k QA01427AG ALT: APX8000/XE HOUSING GREEN 1 $25.00 27" 18l< $14.97 $14.97 0579 21 I QA09008AA ADD: GROU P SERVICES 1 $150.00 27% 18" $89,79 $89.79 0579 21 m QA07682AA ADD: SMARTCONNECT 1 $0.00 o" 18" $0.00 $0.00 0579 $6,638.93 Price Is the difference
between l he 3 year and S
21 " Q887 ADO: SY ESSENTIAL SERVICE $96.00 011 o" $96.00 $96.00 185 year service. 21 0 H869 ENH: MULTIKEY ENCRYPTION $330.00 27" 18¾ $197.54 $197.54 579 21 p Q498 ENH: OTAR with MULTll<EY ENCRYPTION $740.00 27% 18¾ $442.96 $442.96 579 BATT IMPRES 2 LIION Ul2054 DIV2 R IP68
22 PMNN4504A 3400T $193.00 25" 18% $118.70 $118.70 0453 CHARGER, SINGLE-UNIT, IMPRES 2, 3A,
23 NNTN8860A ll5VAC, US/NA $165.00 25" 1811 $101.48 $101.48 0785

AUDIO ACCESSORY-REMOTE SPEAKER

MICROPHONE,AUDIO ACCESSORY-AUDIO

ADAPTER,APX XESOO REMOTE SPEAKER
24 PMMN4106D MIC, HIGH IMPACT GREEN $616.00 20'/4 18% $404. 10 $404.10 0372

XESOO REMOTE SPEAKER M IC WITHOUT
25 PMMN4107C CHANNEL CONTROL GREEN $550.00 20,, 18" $360,80 $360,80 0372 CHARGER, MULTI-UNIT, IMPRES 2, 6-DISP,
26 NNTN8844A NA/lA-PLUG, ACC use CHGR $1,375.00 25% 18% $845.63 $845.63 0785 Fire Dua l Band
Portable VHF/7/800
MHz: APX8000XE
27 H91TGD9PW7AN APX 8000 All BAND PORTABLE MODEL 3.5 $6,292.00 27" 18% $3,766.39 $3,766.39 0579 27 a Q806CB ADD: ASTRO DIGITAL CAI OPERATION 1 $515.00 27% 18% $308.28 $308.28 0579 27 b Q361AN ADD: P2S 9600 BAUD TRUNKING 1 $300.00 27" 18% $179.58 $179.58 0579 27 ' QA02006AC ENH: APX8000XE RUGGED RADIO 1 $BOO.DO 27% 181< $478.88 $478.88 0579 27 d QA00580AA ADD: TDMA OPERATION 1 $450.00 27% 18% $269.37 $269.37 OS79 27 e QS8Al ADD: 3Y ESSENTIALSERVICE 1 $110.00 0% °" $110,00 $110,00 0185 27 r QAOS509M DEL: DELETE UHF BAND 1 ·$BOO.DO 27" 18" ·$478.88 ·$478,88 0579 ADD: OUT OF TIIE BOX WIFI
27 g QA09007M PROVISIONING 1 $0,00 °" 18% $0.00 $0.00 0579 27 h QA09001AB ADD: WIFI CAPABILITY l $300,00 27" 18% $ 179.58 $179.58 0579 27 I H38BS ADD: SMARTZONE OPERATION 1 $1,500.00 27" 18% $897.90 $897.90 0579 27 I QA076B2AA ADD: SMARTCONNECT 1 $0.00 0% 18" $0.00 $0,00 0579 27 k G996AP ADD: PROGRAMMING OVER P25 (OTAP} 1 $100.00 27% 18% $59.86 $59.86 0579 27 I Q629AH ENH: AES ENCRYPTION 1 $475.00 27" 18" $284.34 $284.34 0579 27 m QA01427AG ALT: APX8000/XE HOUSING GREEN 1 $25 .00 27% 18% $14.97 $14.97 0579 27 " QA09008M ADD: GROUP SERVICES 1 $150,00 27" 18" $89.79 $89 ,79 0579 $6,160.05 Price Is the difference
between the 3 year and S
27 0 Q887 ADD: SY ESSENTIAL SERVICE $96.00 °" o" $96.00 $96.00 185 year service. 27 p H869 ENH: MULTIKEV ENCRYPTION $330,00 27" 18" $197.54 $197.54 579 27 q Q498 ENH: OTAR with MULTIKEY ENCRYPTION $740.00 27% 18" $442.96 $442.96 579 BATT IMPRES 2 LUON Ul1054 OIV2 R IP68
28 PMNN4504A 3400T $193.00 "" 18" $118.70 $118.70 0453
CHARGER, SINGLE-UNIT, IMPRES 2, 3A,
29 NNTN8860A 115VAC, US/NA $165.00 "" 18" $101.48 $101.48 0785 XE500 REMOTE SPEAKER MIC WITH
30 PMMN4106D CHANNEL CONTROL GREEN $616.00 20% 18" $404.10 $404.10 0372

XESOO REMOTE SPEAKER MIC WITHOUT
31 PMMN4107C CHANNEL CONTROL GREEN $550.00 20% 18% $360.80 $360.80 0372 CHARGER, MULTI-U NIT, IMPRES 2, 6-DISP,
32 NNTN8844A NA/LA-PLUG, ACC use CHGR $1,37S,OO 25% 18% $845.63 $845.63 0785 Public Works 7/800
MHz; APX4000
33 HS1UCH9PW7AN APX 4000 7/800 MHZ MODEL 3 PORTABLE $2,392.00 27% 18% $1,431.85 $1,431.85 0426 33 . G996AZ ADD: PROGRAMMING OVER P25 (OTAP) 1 $100.00 rn, 18% $59.86 $59.86 0426 ENH: 3600 OR 9600TRUNKING BAUD
33 b QA02756AB SING LE SYSTEM 1 $1,570.00 27% 181' $939.80 $939.80 0426 33 C QAOOSBOAF ADD: TOMA OPERATION 1 $450.00 27% 181' $269.37 $269.37 0426 33 d Q629AM ENH: AES ENCRYPTION 1 $475.00 27% 181' $284.34 $284.34 0426 33 . H885BK ADD: 3Y ESSENTIAL SERVICE 1 $90.00 OJ< 01' $90.00 $90.00 0185 33 f QA09008AA ADD: GROUP SERVICES 1 $150.00 27% 18% $89.79 $89.79 0426 $3,165.01 Price is the difference
between the 3 year and 5
33 g Q887 ADD: SY ESSENTIAL SERVICE $72.00 OJ< °" $72.00 $72.00 185 yea r service. 33 h HB69 ENH: MULTIKEY ENCRYPTION $330.00 27% 18% $197.54 $197.54 579 34 NNTN8128BR BATT IMPRES LIION 2000T $117.00 25% 18% $71.96 $71.96 0453

AUDIO ACCESSORY-REMOTE SPEAKER
MICROPHONE,IP68 REMOTE SPEAKER
35 PMMN4099Bl MICROPHONE,3.SMM,UL $132.00 20% 18% $86.59 $86.59 0372

CHGR DESKTOP SINGLE UNIT IMPRES,
36 PMPN4174A US/NA $76.00 25% 18~ $46.74 $46.74 0785
37 PMPN4284 MULTIUNffCHARGER $655.00 25% 18% $402.83 $402.83 785 Undercover law
Enforcement/Public
Works 7/800 MHz:

APX900
38 H92UCH9PW7AN APX 9007/800 MHZ MODEL3 PORTABLE
- $ 1,803.00 27% 18ll $1,079.28 $1,079.28 0837 38 a QA06765AA ALT: IMPRESS l~ION 3000MAH 1 $85.00 27% 18% $50.88 $50.88 0837 38 b G996AZ ADD: PROGRAMMING OVER P25 (OTAP) 1 $100.00 27% 18% $59.86 $59.86 0837 38 C QAD'1096AA ENH: P2S TRUNKING 1 $1,070.00 27% 18% $640.50 $640.50 0837 38 d QA066S3AA ENH: AES 256 SW ENCRYPTION 1 $325.00 27% 18ll $194.55 $194.55 0837 38 . QA00580AF ADD: TOMA OPERATION 1 $450.00 27% 18% $269.37 $269.37 0837 38 f H885BK ADD: 3Y ESSENTIALSERVICE 1 $90.00 0% 0% $90.00 $90.00 0185 38 g QA09008AA ADD: GROUP SERVICES 1 $150.00 27% 181' $89.79 $89.79 0837 $2,474.22 Price Is th e difference
between the 3 year and 5
38 h Q887 ADD: SY ESSENTIAL SERVICE $72.00 0% °" $72.00 $72.00 185 year service. 38 I H869 ENH: MULTIKEY ENCRYPTION $75.00 27% 18% $44.90 $44.90 579 39 PMNN4493A BATT IMPRES lllON HE DENS IP68 30001 $135.00 25% 18% $83.03 $83.03 0453

AUDIO ACCESSORY-REMOTE SPEAKER
MICROPHONE,IP68 REMOTE SPEAKER
40 PMMN4099Bl MICROJiHONE,3.SMM,Ul $132.00 20% 18% $86.59 $86.59 0372

CHGR DESKTOP SINGLE UNIT IMPRES,
41 PMPN4174A US/NA $76.00 25% 18% $46.74 $46.74 0785
42 PMPN4284 M ULTIUNff CHARGER $655.00 25% 18% $402.83 $402.83 785 Public Safety Tri band
Mobile: APX8500
43 M3TISS9PW1AN APXBSOO All BAND MP MOBILE
- $4,770.00 27% 181' $2,855.32 $2,855.32 0681
ADD: OUT OF TH E BOX W IFI
43 . GA09007AA PROVISIONING 1 $0.00 Oll 18% $0.00 $0.00 0681 43 b G996AS ENH: OVER THE AIR PROVISIONING 1 $100.00 rn, 18% $59.86 $59.86 0681 ADD: WIFI/GNSS STUBBY ANTENNA
43 C GA00250AA LMR240 1 $100.00 27% 18% $59.86 $59.86 0681 43 d G67DF ADD: REMOTE MOUNT 05 MP 1 $297.00 27'¼ 181' $177.78 $177.78 p681 ADD: All BAN D MOBIL£ ANTEN NA
43 . GA01513AB (7/8/V/U) 1 $95.00 27% 18% $56.87 $56.87 0681 43 f GA00580AA ADD: TOMA OPERATION 1 $450.00 27% 18% $269.37 $269.37 0681 43 • G51AT ENH:SMARTZONE 1 $1,500.00 "'' 1811 S897.90 $897.90 0681 43 h G78AT ENH: 3 YEAR ESSENTIAL SVC 1 $168.00 Ol< 0% $168.00 $168.00 0185 43 I GA09001AA ADO; WI-Fl CAPABILITY 1 $300.00 2711 18% $179.58 $179.58 0681 43 I 818CR ADD: AUXILIARY SPl<R 7,5 WATT APX 1 $60.00 2711 1811 $35.92 $35.92 0681 43 k GB43AH ADD: AES ENCRYPTION 1 $475.00 27% 18% $284.34 $284.34 0681 43 I G442AJ ADD: APX OS CONTROL HEAD 1 $432.00 27% 18" $258.60 $258,60 0681 43 m G444AH ADD: APX CONTROL HEAD SOFTWARE 1 $0.00 0% 1811 $0.00 $0.00 0681 43 n GA01517AA DEL: NO J600 ADAPTER CABLE NEEDED 1 $0.00 0% 18" $0.00 $0.00 0681 43 0 G8068l ENH: ASTRO DIGITAL CAI OP APX 1 $515.00 2711 18% $308.28 $308.28 0681 43 p W22BA ADD: STD PALM MICROPHONE APX 1 $72.00 27% 18" $43.10 $43,10 0681 43 q G36.1AH ENH : P25 TRUNKING SOFTWARE APX 1 $300.00 27% 1811 $179.58 $179.58 0681 43 r GA0900BAA ADD: GROUP SERVICES 1 $150.00 27% 1811 $89.79 $89.79 0681 $5,924.14 Price Is the difference
between the 3 year and 5
43 s GA00318 ADD: SY ESSENTIAL SERVICE $151.00 0% 0% $151.00 $151.00 185 year service. 43 I W969 EN H: MULTIKEY ENCRYPTION $330,00 27% 1811 $197.54 $197.54 681 43 u G298 ENH: ASTRO 25 OTAR W/ MULTtKEY $740.00 27% 18% $442.96 $442.96 681 Price Is the difference
between the DES/AES
reature and the AES only
43 V G851 ADD: AES/DES·Xl/DES·OFB ENCRYPTION $324.00 27% 1811 $193.95 $193.95 681 reature.

Price Is the difference
between th e 03 co ntrol
head and t he OS co ntrol
head Included In th e base
package and subtracts the
43 w G72 ADD: APX 03 HAN DH ELD CH $442.00 2711 18% $264.58 $264.58 656 microphone. dual control head+ 2nd
microphone+ 2nd speaker
43 X GA00092 DUAL OS CONTROL HEAD $732.00 27% 18% $438.18 $438.18 656 + two 17 foot control Price is the difference
MULTIPLEXER,_All BAND, APX8500, between th e multfplexer 44 Hl919 VEHICLE $155.00 20'/4 18% $101.68 $101.68 0189 and the all band antenna. 45 HAE6016A ANT LOW PROFILE 450-512 MHZ $120.00 2011 1811 $78.72 $78.72 0554

UNITY GAIN ANTENNAQUARTERWAVE
46 HAF4016A 762·870MHZ • ROOF MOUNT $23.00 20'/4 1811 $15.09 $15.09 0554 47 HAD4021A VHF ANT WIDEBAND 136•174 MHZ $60.00 2511 1811 $36.90 $36.90 0291 Public sarety Dual
Band Mobile
VHF/7/800 MHz:

APX8500
48 M37TS59PW1AN APX8500 All BAND MP MOBILE - $4,770.00 27% 1811 $2,855.32 $2,855.32 0681 ADD: OUT OF THE BOX WIFI
48 . GA09007M PROVISIONING 1 $0.00 011 18% $0.00 $0.00 0681 48 b G996AS ENH: OVER THE AIR PROVISIONING 1 $100.00 27% 18% $59.86 $59,86 0681 ADD: WIFI/GNSS STUBBY ANTENNA
48 ' GA00250AA LMR240 1 $100.00 2711 1811 $59.86 $59.86 0681 48 d G67DF ADD: REMOTE MOUNT 05 MP 1 $297.00 2711 1811 $177.78 $177.78 0681 ADD: All BAND MOBILE ANTENNA
48 . GA01513AB (7/8/\//Uj 1 $95.00 27% 18% $56.87 $56.87 0681 48 f GA00580AA ADD: TOMA OPERATION 1 $450.00 27% 18% $269.37 $269.37 0681 48 ' G51AT ENH:SMARTZONE 1 $1,500.00 27% 18% $897.90 $897.90 0681 48 h G78AT ENH: 3 YEAR ESSENTIAL SVC 1 $168.00 0% 0% $168.00 $168.00 0185 48 I GA05509AA DEL: DELETE UHF BAND 1 -$800.00 27% 18% ·$478.88 -$478.88 0681 48 I GA09001M ADO: Wf.FI CAPABI LITY 1 $300.00 27% 18% $ 179.58 $179.58 0681 48 k 818CR ADD: AUXILIARY SPKR 7,5 WATT APX 1 $60.00 27% 18% $35.92 $35.92 0681 48 I G843AH ADD: AES ENCRYPTION 1 $475.00 27% 18% $284.34 $284.34 0681 48 m G442AJ ADD: APX OS CONTROL HEAD 1 $432.00 27% 18% $258.60 $258.60 0681 48 n G444AH ADO: APX CONTROL HEAD SOFTWARE 1 $0.00 0% 18" $0.00 $0.00 0681 48 0 GA01517AA DEL: NO J600 ADAPTER CABLE NEEDED 1 $0.00 o" 18% $0.00 $0.00 0681 48 p G806Bl ENII: ASTRO DIGITAL CAI OPAPX 1 $515.00 rn, 18% $308.28 $308.28 0681 48 q W 22BA ADD: STD PALM MICROPHONE APX 1 $72.00 rn, 18" $43.10 $43.10 0681 48 ' G361AH ENII: P25 TRUNKING SOFTWARE APX 1 $300.00 rn, 18% $179.58 $ 179.58 0681 48 s GA09008AA ADD: GROUP SERVICES 1 $150.00 27% 18% $89.79 $89.79 0681 $5,445.26 Price Is the difference
between the 3 year and 5
48 t GA00318 ADD: SY ESSENTIAL SERVICE $151.00 o" 0% $151.00 $151.00 185 year service. 48 u W969 ENH: MULTIKEY ENCRYPTION $330.00 27% 18ll $197.54 $197.54 681 48 V G298 ENH: ASTRO 25 OTAR W/ MULTIKEY $740.00 27% 18% $442.96 $44 2. 96 681 Price Is the difference
between the DES/AES
feature and the AES only
48 w G851 ADO: AES/OES-XL/DES-OFB ENCRYPTION $324.00 27% 18% $193.95 $193.95 6B1 feature.

Price is the difference
between the 03 control
head and the OS control
head Included in the base
package and subtracts the
48 X G72 ADD: APX 03 HANDHELO CH $442.00 27% 18% $264.58 $264.58 656 microphone.

Price Is the price for the
dual control head+ 2nd
48 y GA00092 DUAL 05 CONTROL HEAD $732.00 27% 18% $438.18 $438.18 656 microphone + 2nd speaker Price is the difference
MU LTIPLEXER,_All BAND, APXSSOO, between the multiplexer 49 H1919 VEHICLE $155.00 20% 18% $101.68 $101.68 0189 and the a11 ba nd antenna.

UNITY GAIN ANTENNA QUARTERWAVE
50 HAF4016A 762-870MHZ - ROOF MOUNT $23.00 20'~ 18% $15.09 $15.09 0554 51 HAD4021A VHF ANT WIDEBAND 136·174 MHZ $60.00 25% 18% $36.90 $36.90 0291 Public Safety Dual
Band Mobile
UHF/7/800 MHz:

APX8500
52 M37TSS9PW1AN APXSS00 ALL BAND MP MOBILE - $4,770.00 27% 18% $2,855.32 $2,855.32 0681 ADO: OUT OF THE BOX WIFI
52 a GA09007AA PROVISIONING 1 $0.00 °" 18% $0.00 $0.00 0681 52 b G996AS ENH: OVER THE AIR PROVISIONING 1 $100.00 27% 18% $59.86 $59.86 0681 ADD: WIFI/GNSS STUBBY ANTENNA
52 C GA002SOAA LMR240 1 $100.00 27% 18% $59.86 $59.86 0681 52 d G670F ADO: REMOTE MOUNT 05 MP 1 $297.00 27% 18ll $177.78 $177.78 0681 ADO: ALL BAND MOBILE ANTENNA
52 . GA01513AB 17/8/V/UI 1 $95.00 27% 18% $56.87 $56.87 0681 52 f GA00580AA ADD: TOMA OPERATION 1 $450.00 27% 18ll $269.37 $269.37 0681 52 • G51AT ENH:SMARTZONE 1 $1,500.00 27% 18" $897.90 $897.90 0681 52 h G78AT ENH: 3 YEAR ESSENTIAL SVC 1 $168.00 Oll Oll $168.00 $168.00 0185 52 I GA05508AA DEL: DELETE VHF BAND 1 -$800.00 27% 18% ·$478.88 ·$478.88 0681 52 I GA09001AA ADD: WI-Fl CAPABILITY 1 $300.00 27% 18% $179.58 $179.58 0681 52 k 818CR ADD: AUXI LIARY SPKR 7.5 WATT APX 1 $60.00 27% 18% $35.92 $35.92 0681 52 I G843AH ADO: AES ENCRYPTION 1 $475.00 27% 18% $284.34 $284.34 0681 52 m G442AJ ADD: APX 05 CONTROL HEAD 1 $432.00 27% 18% $258.60 $258,60 0681 52 n G444AH ADD: APX CONTROL HEAD SOFTWARE 1 $0.00 0% 18% $0.00 $0.00 0681 52 0 GA01517AA DEL: NO J600 ADAPTER CABLE NEEDED 1 $0.00 0% 18% $0.00 $0.00 0681 52 p GB06BL ENH: ASTRO DIGITAL CAI OP APX 1 $515.00 27% 18% $308,28 $308,28 0681 52 q W22BA ADD; STD PALM MICROPHONE APX 1 $72.00 27% 18% $43.10 $43.10 0681 52 ' G361AH ENH: P25 TRUNKING SOFlWARE APX 1 $300.00 27% 18" $179.58 $179.58 0681 52 s GA09008AA ADD: GROUP SERVICES 1 $150.00 27% 18" $89.79 $89.79 0681 $5,445.26 Price Is the difference
between the 3 year and S
52 I GA00318 ADO: SY ESSENTIAL SERVICE $151.00 0% 01' $151.00 $151.00 185 year service. 52 u W969 ENH: MULTI KEY ENCRYPTION $330.00 27" 18" $197.54 $197.54 681 52 ' G298 ENH: ASTRD 25 OTAR W/ MULTIKEV $740.00 27% 13% $442.96 $442.96 681 Price Is the difference
between the DES/AES
feature and the AES only
52 w G851 ADD: AES/OES·XL/DES-OFB ENCRYPTION $324.00 27% 18% $193.95 $193.95 681 feature.

Price is the difference
between the 03 control
head and the OS control
head Included In the base
package and subtracts the
52 X G72 ADD: APX 03 HAND HELD CH $442.00 27% 18% $264.58 $264.58 656 microphone.

Price ls the price for the
dual control head -t 2nd
microphone .. 2nd speaker
.. two 17 foot control
52 ' GA00092 DUAL OS CONTROL HEAD $732.00 27% 18% $438.18 $438,18 656 cables (G628} Price Is the difference
MULTIPLEXER,_ALL BAND, APXBSOO, between the multiplexer 53 Hl919 VEHICLE $155.00 20% 18% $101.68 $101.68 0189 and the all band antenna.

UNITY GAIN ANTENNA QUARTERWAVE
54 HAF4016A 762-870MHZ - ROOF MOUNT $23.00 25% 18% $14.15 $14.15 05S4 55 HAE6016A ANT LOW PROFILE 4S0-512 MHZ $120.00 20% 18% $78.72 $78.72 0554 Public Safe ty Single
Band Mobile 7/800
MHz: APXSSOO
56 M3TTSS9PW1AN APX8SOO AU BAND MP MOBILE - $4,770.00 27% 18% $2,855.32 $2,855.32 0681 ADD: OUT OF THE BOX WIFI
56 a GA09007AA PROVISIONING 1 $0.00 0% 18% $0.00 $0.00 0681 56 b G996AS ENH: OVER THE AIR PROVISIONING 1 $100.00 27% 18% $59.86 $59.86 0681 ADD: WIFI/GNSS STUBBY ANTENNA
56 ' GA002SOAA LMR240 1 $100.00 27% 18" $59.86 $59.86 0681 56 d G670F ADO: REMOTE MOUNT OS MP 1 $297.00 27% 18% $177.78 $177.78 0681 56 . GAOOSBOAA ADO! TOMA OPERATION 1 $450.00 27% 18% $269.37 $269.37 0681 56 f GSlAT ENH:SMARTZONE 1 $1,500.00 27% 18% $897.90 $897.90 0681 56 ' G78AT ENH: 3 YEAR ESSENTIAL SVC 1 $168.00 0% o" $168.00 $168.00 018S 56 h GAOSS08AA DEL: DELETE VHF BAND 1 -$800.00 27% 18% -$478.88 -$478.88 0681 56 I GA05S09AA DEL: DELETE UHF BAND 1 -$800.00 27% 18% -$478.88 -$478.88 0681 56 I GA09001AA ADD: WI-Fl CAPABILITY 1 $300.00 27% 18% $179.58 $179.58 0681 56 k BlBCR ADD: AUXILIARY SPKR 7.S WATT APX 1 $60.00 27% 18% $35.92 $35.92 0681 56 I G843AH ADD: AES ENCRYPTION 1 $475.00 27% 18% $284.34 $284.34 0681 56 m G442AJ ADD: APX 05 CONTROL HEAD 1 S432.00 27% 18" S258.60 S258.60 0681 56 n G444AH ADD: APX CONTROL HEAD SOFTWARE 1 so.oo °" 18% SD.OD so.oo 0681 56 0 GA01517AA DEL: NO J600 ADAPTER CABLE NEEDED 1 SD.OD Oll 18% SD.OD so.oo 0681 56 p G8068L ENH: ASTRO DIGITAL CAI OP APX 1 ss1s.oo 27" 18% S308.28 S308.28 0681 56 q W22BA ADD: STD PALM MICROPHONE APX 1 sn.oo 27% lBI< S43.10 S43.10 0681 56 r G361AH ENH: P25 TRUNKING SOFTWARE APX 1 S300.00 27" 18% Sl79.58 S179.58 0681 S4,819.72 Price Is the difference
be tween the 3 year and 5
56 ' GA00318 ADD: SY ESSENTIAL SERVICE SlSl.00 011 ()'~ SlSl.00 SlSl.00 185 year service. 56 t W969 ENH: MULTIKEY ENCRYPTION S330.00 27" 18" S197.54 S197.54 681 56 u G298 EN H: ASTRO 25 OTAR W/ MULTIKEY S740.00 27" 18% S442.96 S442.96 681 Price ls the difference
between the DES/AES
feature and the AES only
56 V G8S1 ADD: AES/DES-Xl/DES-OFB ENCRYPTION S324.00 27% 18" Sl93.95 S193.95 681 feature.

Price Is the difference
between the 03 control
head and the 05 control
head included in the base
package and subtracts the
56 IV G72 A0D:APXO3 HANDHELDCH S442.00 27% 18" S264.58 S264.58 656 microphone.

Price Is the price for the
dua1 conlrol head+ 2nd
microphone+ 2nd speaker
+ two 17 foot control
56 ' GA00092 DUAL 05 CONTROL HEAD $1,415.00 27% 18" S847.02 S847.02 656 cables (G628)

UNITY GAIN ANTENNA QUARTERWAVE
57 25 HAF4016A 762-870MHZ • ROOF MOUNT SB.DD 25% 18" S14.15 Sl4.15 0554 Public Works Single
Band Mobile 7/800
MHz APX4500 Remote
Mount
58 M22UR59PW1AN APX4500 7 /800 MHZ - Sl,564.00 27" 18" $936.21 $936,21 0471 58 a G24AX ENH: 3 YEAR ESSENTIAL SVC 1 S131.00 °" o" S131.00 S131.00 0185 SB b GAOOSSOAO ADO: TOMA OPERATION 1 S450.00 m, 18" S269.37 S269.37 0471 58 C G996BO ADD: PROGRAMMING OVER P25 (OTAP) 1 Sl00.00 27" 18% SS9.86 SS9.86 0471 ADO: 3600 OR 9600TRUNKING BAUD
58 d QA02756AD SINGLE SYSTEM 1 Sl,570.00 27% 18" S939.80 S939.80 0471 SB e B18CR ADD: AUXILIARY SPKR 7,5 WATT APX 1 S60.00 27" 18% S35.92 S35.92 0471 58 f G843AH ADD: AES ENCRYPTION 1 S475.00 27% 18% S284.34 S284.34 0471 58 ' GA00804M ADD: APX 02 CH (GREY) 1 S492.00 27" 18% S294.Sl S294.Sl 0471 SB h G33SAY ADO: ANT 1/4 WAVE 762-870MHZ 1 S14.00 27% 18% S8.38 S8.38 0471 SB I G444AH ADD: APX CONTROL HEAD SOFTWARE 1 SD.OD 01' 18% SD.OD SD.OD 0471 SB I G67CF ADO: REMOTE MOUNT MID POWER 1 S297.00 27% 18" S177.78 S177.78 0471 58 k GA00226M ADD: GPS ANTrnNA 1 S75.00 27~ 18" S44.90 S44.90 0471 58 I W22BA ADO: STD PALM MICROPHONE APX 1 sn.oo 27% 18% S43.10 S43.10 0471 58 m GA09008AA ADO: GROUP SERVICES 1 SlS0.00 27" 18" S89.79 S89.79 0471 S3,314.95 Price is the difference
between the 3 year and 5
58 n GA00318 ADD: SY ESSENTIAL SERVICE sus.oo °" °" sus.oo sus.oo 185 year service. 58 0 W969 ENH: MULTIKEY ENCRYPTION S330.00 27" 18% Sl97.54 S197.54 681 Public Works Single
Band Mobfle 7/800
MHz APX4SOO Dash
Moun t
59 M22URS9PW1AN APX4SOO 7/ 800 MHZ - $1,56 4.00 27% 111% $936.21 $936.21 0471 59 ' G24AX ENH: 3 YEA R ESSENTIAL SVC 1 $131,00 0% 0% $131,00 $131.00 0 185 59 b GA00580AD ADO: TOMA OPERATION 1 $450,00 27¾ 18% $269.37 $269.37 0471 59 ' G996BD ADD: PROGRAMMING OVER P25 (OTAP) I $100,00 27¾ 18¾ $59,86 $59,86 0471 ADD: 3600 OR 9600TRUNKING BAUD
59 d QA02756AD SINGLE SYSTEM 1 $1,570.00 27% 18% $939,80 $939,80 0471 59 . B18CR ADD: AUXILIARY SPKR 7.5 WATT APX 1 $60,00 27% 18% $35,92 $35,92 0471 59 f G843AH ADD: AES ENCRYPTION 1 $475,00 27% 18% $284,34 $284.34 0471 59 • GA00804AA ADO: APX 02 CH (GREY) I $492,00 27% 18% $294,51 $294.51 0471 59 h G33SAY ADD: ANT 1/ 4 WAVE 762-870MHZ 1 $14,00 27% 18% $8,38 $8,38 0471 59 I G444AH ADO: APX CONTROL HEAD SOFTWARE 1 $0,00 o" 18% $0,00 $0.00 0471 59 I GA00226AA ADO: GPS ANTENNA 1 $75,00 27" 18" $44.90 $44.90 0471 59 k W22BA ADD: STD PALM MICROPHONE APX 1 $72.00 27% 18" $43,10 $43,10 0471 59 I G66AW ADD: DASH MOUNT 02 CH WWM 1 $125,00 27% 18% $74,83 $74,83 0471 59 m GA09008AA ADO: GROUP SERVICES 1 $150,00 27% 18" $89,79 $89,79 0471 $3,211.99 Price Is the differen ce
between the 3 year and S
59 n GA00318 ADD: SY ESSENTIAL SERVICE $115.00 o" 0% $115,00 $115.00 185 yea r service. 59 0 W969 ENH: MULTIKEY ENCRYPTION $330,00 27" 18% $197,54 $197,54 681 Law Enforcement High
Tier P2S/LTE TrlBand
Porl able APX NEXT
APX NEXT; AU-BAND MODEL 4.5
60 HSSTGT9PWBAN PORTABLE $7,492.00 27" 10% $4,922.24 $4,922.24 0437 60 ' 8000001M ADO: CORE BUNDLE l $2,824.00 27% 10% $1,855.37 $ 1,855.37 0437 60 b H499KC ENH: SUBMERSIBLE (DELTAT) l $0.00 0l< 0% $0.00 $0.00 0437 60 ' H38DA ADD: SMARTZONE OPERATION I $0,00 0% o" $0,00 $0.00 0437 60 d Q806CH ADO: ASTRO DIGITAL CAI OPERATION 1 $0.00 °" °" $0,00 $0,00 0437 60 . Q361CD ADO: P25 9600 BAUD TRUNKING 1 $0,00 °" o" $0,00 $0.00 0437 60 f QA09028AA ADD: VIQI VC RADIO OPERATION 1 $0,00 0l< o" $0,00 $0.00 0437 60 • QA03399AK ADD: ENHANCED DATA 1 $0,00 o" o" $0,00 $0.00 0437 60 h Q387CB ADD: M ULTICAST VOTING SCAN 1 $0.00 0% 0% $0,00 $0,00 0437 60 I QAOOSSOBA ADD: TOMA OPERATION 1 $0.00 o" o" $0,00 $0,00 0437 60 I QA09001AM ADD: WIFI CAPABILITY 1 $0.00 °" 0l< $0,00 $0,00 0437 60 k Q629BD ENH: AES ENCRYPTION l $0.00 °" °" $0.00 $0,00 0437 60 I QA09030AA ADD: M OTOROlA HOSTED RADIOCENTRAL 1 $0.00 0% ()'~ $0.00 $0,00 0437 60 m H637M ADD: APX NEXT OMS BUNDLE PROMO 1 -$22.95 o" 0% -$22,95 -$22.95 0176 ADD: APX NEXT APPLICATION BUNDLE
60 n H636AB PROMO 1 -$300,00 °" o" -$300,00 -$300.00 0523 ADD: SMART LOCATE MAPPING TRIAL
60 0 H638EA PROMO 1 -$56,00 °" o" -$56,00 -$56.00 0437
61 SSV01P01406A APX NEXT SMART CONNECT - PROMO 1 1 YEAR $75,00 °" ()'~ $75,00 $75,00 0712 62 SSV01P01407B APX NEXT SM ART PROG-PROMO 1 1 YEAR $75,00 °" °" $75,00 $75,00 0712 63 SSV01P014088 APX NEXT VIQI-PROMO 1 1 YEAR $75,00 0% 0% $75,00 $75.00 0712 64 SSVOI P01476A APX NEXT SMART LOCATE-PROMO 1 1 YEAR $75,00 o" 0% $75,00 $75,00 0712 65 SSVOIP016858 SMART LOCATE MAPPING TRIAL l 1 YEAR $56.00 0% 0% $56,00 $56,00 0612 66 l5V01501414A APX NEXT OMS ADVANCED 1 24 MONTHS $162,00 0% o" $162.00 $162,00 0724 APX NEXT OMS ADVANCED SERVICE·
67 L5V01P01414A PROMO 1 12 MONTHS $68,88 0% 0% $68,88 $68,88 0724 68 PSVOOS0
1424A
.... m •ro••·"'~ I $0.00 o"
o" $0.00 $0.00 0700 $6,985.54
BATTERY PACK,IMPRES GEN2, LI ION,IP68,
69 NNTN9087A 3850T $190.00 Ol< ""' $170.91 $170.91 0453 IMPRES 2 sue, 3.0A, 120VAC, TYPE A
70 NNTN9199A PLU G, NA · $150.00 Ol< 10% $134.91 $134.91 0785

AU DIO ACCESSORY-REMOTE SPEAKER

MICROPHONE,XV REMOTE SPEAKER
71 PMMN4123A MICROPHONE $435.00 20%
10% $313.20 $313.20 0372
72 NNTN9115 MU LTIU
NIT CHARGER $1,250.00
o"
10% $1,125.00 $1,125.00 0785
Law Enforcement High
Tier P25/LTE Dual
Band Portable
VHF/7/800 MIiz APX
NEXT
APX NEXT; All-BAND MOOEL4.5
73 HSSTGT9PW8AN PORTABLE $7,492.00 27l< lll'-' $4,922.24 $4,922.24 0437 73 . QA05509AB DEL: OE
l fTE UHF BAND 1 -$800.00
o" o" -$800
.00 -$800.00 0437
73 b 8000001M ADD: CO
RE BUNDLE 1 $2,824.00 rn, 10% $1,855.37 $1,855.37 0437
73 C H499KC ENH:

SUBMERSIBLE {DELTAT) 1 $0.00 Ol! 011 $0.00 $0.00 0437
73 d
H38DA ADD: SMARTZONE OPERAT
ION 1 $0
.00
o" o" $0.00 $0.00 0437
73 e Q806CH ADD: ASTRO
DIGITAL CAI OPERATION 1 $0.00 0%
o" $0.00 $0.00 0437
73 f Q361CO ADD: P25 9600 BAUD TR
UNKING 1 $0.00 Ol< "'" $0.00 $0.00 0437
73 ' QA09028M ADD:

VIQI VC RADIO OPERATION 1 $0.00 0% °" $0.00 $0
.00 0437
73 h QA03399AK ADD:

ENHANCED DATA 1 $0.00
0% "'" $0.00 $0.00 0437
73 I Q387C8 ADO: MUL
TICAST VOTING SCAN 1 $0.00
0% 0% $0.00 $0.00 0437
73 I QA005808A ADO: TOMA OPERATION 1 $0.00
o" 0% $0
.00 $0.00 0437
73 k QA09001AM ADD:

WIF1 CAPABILITY 1 $0.00 o" o" $0.00 $0.00 0437
73 I Q62980 ENH: AES ENCRYPTION 1 $0.00
0% o" $0.00 $0.00 0437
73 m QA09030M ADO: MOTOROLA HOSTED RAOIOCENTRAL 1 $0.00 0% 0% $0 .00 $0.00 0437
73 n H637AA ADO: APX NEXT DMS BUNDLE PROMO 1 -$22.95 0% 011 ·$22.95 -$22.95 0176
ADO: APX NEXT APPLICATION BUNDLE
73 0 H636AB PROMO
·1
-$300.00 OJ< o" -$300.00 -$300.00 0523
ADD: SMART LOCATE MAPPING TRIAL
73 p H638EA PROMO l -$56.00
o" o" -$56.00 -$56.00 0437
74 SSV01P01406A APX NEXT SMART CONNECT - PROMO 1 1 VEAR $75.00 0%
o" $75.00 $75.00 0712
75 SSV01P01407B APX
NEXT SMART PROG-PROMO 1 1 VEAR $75.00 °" °" $75.00 $75.00 0712 76 SSV01P01408B APX NEXT
VIQI-PROMO 1 1 VEAR $75.00 0% OIi $75.00 $75.00 0712
77 SSV01P01476A APX NEXT SMART
LOCATE-PROMO 1 lVEAR $75.00 OJ< 0% $75.00 $75.00 0712
78 SSV01P016858 SMART LOCATE MAPPING TRIAL 1 1 YEAR $56.00 0% OJ< $56.00 $56.00 0612 79 LSV01S01414A APX
NEXT OMS ADVANCED 1 24 MONTHS $162.00 15% o" $137.70 $137.70 0724 APX NEXT OMS ADVANCED SERVICE80 LSV01P01414A PROMO 1 12 MO NTHS $68.88 o" 0% $68.88 $68.88 0724 $6,16

1.24 BATTERY PACK,IMPRES GEN2, UION,lP68,
81 NNTN9087A 38SOT $190.00
o" 10% $170.91 $170,91 0453
IMP RES 2
sue, 3.0A, 120VAC, TYPE A
82 NNTN9199A PLUG, NA $150.00
0% 10% $134.91 $134.91 0785

AUDIO ACCESSORY-REMOTE SPEAKER

MICROPHONE,XV REMOTE SPEAKER
83 PMMN4123A
MICROP
HONE $435.00 20% 10% $313.20 $313.20 0372
84 NNTN911S MU LTIUNIT
CHARGER $1,250.00 0% 10% $1,125.00 $1,125.00 0785
85 85 a
85 b
85 C
85 d
85 . 85 r 85 • 85 h
85 I
85 I 85 k
85 I
85 m
85 n
85 0
85 p
86 87
88 89
90 91
92 93
94 95
96 Law Enforcement High
Tier P25/LTE Dual
Oand Portable
UHF/7/800 MHz APX
NEXT
APX NEXT; Alt-BAND MODEL4.5
H5STGT9PW8AN PORTABLE
QA05S08AB DEL: DELETE VHF BAND
BOOOOOlAA ADD: CORE BUNDLE
H499KC ENH: SUBMERSIBLE (DEL TAT)
H38DA ADD: SMARTZONE OPERATION
Q806CH ADD: AST RO DIGITAL CAI OPERATION
Q361CO ADO: P25 9600 BAUD TRUNKING
QA09028AA ADD: VIQI VC RADIO OPERATION
QA03399AK ADD: ENHANCED DATA
Q387CB ADD: MULTICAST VOTING SCAN
QAOOSBOBA ADD: TOMA OPERATION
QA09001AM ADD: WIFI CAPABILITY
Q629BD ENH: AES ENCRYPTION
QA09030AA ADD: MOTOROLA HOSTED RAOlOCENTRAL
H637AA ADO: APX NEXT OMS BUNDLE PROMO
ADD: APX NEXT APPLICATION BU NDLE
H636AB PROMO
ADD: SMART LOCATE MAPPING TRIAL
H63BEA PROMO
SSV01P01406A APX NEXT SMART CONNECT· PROMO
SSV01P01407B APX NEXT SMART PROG-PROMO
SSV01P014088 APX NEXT VIQI-PROMO
SSV01P01476A APX NEXT SMART LOCATE-PROMO
SSV01P01685B SMART LOCATE MAPPING TRIAL
l5V01501414A APX NEXT OMS ADVANCED
APX NEXT OMS ADVANCED SERVICEL.SV01P01414A PROMO
BATTERY PACK,IMPRES GEN2, LIION,IP68,
NNTN9087A 3850T
NNTN9199A PLUG, NA

AUDIO ACCESSORY-REMOTE SPEAKER

M ICROPHONE,XV REMOTE SPEAKER
PMMN4123A MICROPHONE
NNTN9115 MULTIUNIT CHARGER
Recurring Services & Subscriptions based on tour application bundl e (Sma rtConnect, SmartProgram, Smartlocate, VIQI} SSV01501476A APX NEXT SMART LOCATE
l5V01S01414A APX NEXT OMS ADVANCED
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 $7,492.00 0% 10% $6,742.71 $6,742.71 0437
-$800.00 01' 0% -$800.00 -$800.00 0437
$2,824.00 0% 10% $2,541.51 $2,541.51 0437
$0.00 0% 011 $0.00 $0.00 0437
$0.00 011 011 $0.00 $0,00 0437
$0.00
"" 0% $0,00 $0,00 0437
$0.00 01< 011 $0,00 $0.00 0437
$0.00 0%
"" $0,00 $0,00 0437
$0.00 0% OIi $0.00 $0.00 0437
$0,00 0%
"" $0,00 $0.00 0437
$0.00 011
"" $0,00 $0,00 0437
$0.00 Oll 0% $0.00 $0.00 0437
$0.00 OIi 0% $0.00 $0.00 0437
$0.00 0',4 "" $0.00 $0.00 0437
-$22.95 0% 0% -$22.95 -$22.95 0176
-$300,00 0% O¾ -$300,00 -$300,00 0523
-$56,00 O¾ 011 -$5 6.00 -$56,00 0437
1 YEAR $75.00 0% 0% $75.00 $75.00 0712
1 YEAR $75.00 0% 0% $75.00 $75.00 0712
1 YEAR $75.00 o~, 0% $75.00 $75.00 0712
1 YEAR $75.00 0% 0% $75,00 $75,00 0712
1 YEAR $56.00 Oll 0% $S6,00 $S6.00 0612
24 MONTHS $162.00 15% Oll $137.70 $137.70 0724
12 MONTHS $68.88 0% 0',4 $68.88 $68.88 0724 $8,667.85
$190,00 0)1 10% $170,91 $170.91 0453
$150.00 0% 10% $134.91 $134.91 0785
$435,00 '"'" 10',4 $313,20 $313.20 0372
$1,250.00 0% 10',4 $1,125.00 $1,125.00 0785
Appendix A
FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 Portable packages Enter the quantity of radios/accessories in these cells for each year.

APXS000
Law Tri band APX80001=---+--~-t----t~= -+---t----+---+----t Law V /7 /8 APX8000
Law U/7 /8 APX80001-----1----+------t----+----t------+----+-- ----t Law 7 /8 APX8000 1=---+----1----t-~-+---t----+---+----t APXSOOO options and accessories 1=- --1----+------t==--+----t--- ---+---------t 5 year Essential Services
Multikey encryption t-- --t----1-----1~==--t---- t-- ---t---"1"'----t OTAR with Multi key encryptioni-----1----+------t----+----t------+----+------t AES/DES-XL Encryption
,__ ____________________________ __,
Spare battery (PMNN4486A 3400 mAh}i-----1----+------t----+----t------+----+------t Remote speaker mic (PMMN4099)
Single unit charger (NNTN8860A)t----t-----1-----1-- -;----t-----t---+-------1 Multi unit charger (NNTN8844) 1-----1---- +------1----+----t--- ---+----t------t APX Next
Law Triband P25/LTE APX Next1=---;----1-----;---;----t-----t---+--- ----1 Law V/7/8 P25/LTE APX Next ,__ ____________________________ __, Law U/7/8 P25/LTE APX Next 1-----1----+------t----+----t------+----t------t APX Next options and accessoriesi--- --1---- +------1----+----t--- ---+----+------t Spare battery (NNTN9087 A}1-----+---+------1----+----t------+----+------t Single unit charger (NNTN9199A} 1-------------- ---------------+-----1 Remote speaker mic (PMMN4123A}1-----1----+------1----+----t------+----t------t Multi unit charger (NNTN9115}1-----+--- +------1----+-- --t------+--- -+--- ---t APXSOOOXE 1-----1----+------1----+----t------+----t------t Fire Triband APX8000 XE
Fire V/7 /8 APX8000 XE1e---1----+------t--- -+----t------+----t------t APXSOOO XE options and accessories ~--~---~--~---~------~---~--~ 0 0
0 0
0 0
0 0
0 5 year Essenti
al Service
M ultikey encryption
OTAR with Multikey encryption
Spare battery (PMNN44504 3400 mAh
Single unit charger (NNTN 8860A
XES00 Remote speaker mic w control knob
(PMMN4106D
XES00 Remote spea ker mic w/o co ntrol knob
(PMMN4107C
Multi unit charger (NNTN 8844
s
)
)
)
)
)
APX4000
Public Works 7 / 8 APX4000
APX900
Undercover 7 / 8 APX900
APX900 and APX4000 options and accessories
5 year Essential Services
Multikey encryption
Spare battery (NNTN8128BR
Remote spea ker mic (PMMN4099
Single unit charger
(PMPN4174A
Multi unit charger (PMPN4 284
)
)
)
)
Mobile packages
APX8500
Public Safety Tri band Mobile APX8500
Public Safety V/7/8 APX8500
Public Safety U/7 /8 APX8500
Public Safety 7 / 8 APX8500
APX8500 options and accessories
5 year Essential Serv
ices
Multikey encryption
OTAR with Multikey encryption
AES/DES-XL Encryption
0 0
0 0
0 0
0 3 Control Head 1------t----+----+----+-------11-----t:--------1 Dual 05 Control Head
Multiplexer and V/U/7 / 8 antennas t------t----+----+----+-------11------i'----+----1 Multiplexer and V/7/8 antennas
,__ ___________________ ,__ ______ ..,.. ___ ...,
Multiplexer and U/7/8 antennas 1------t--- -+----+----+-------11-------------1 APX4500 1------t----+-----+----+-------11------t----+------1 Public Works 7/8 Remote Mount APX4500
Public Works 7 / 8 Dash mount APX45001------t----1,-----+----+-------11------t--- =r- ---1 APX4000 options and accessoriest------t----+-----+----+-------11------t----+------1 5 year Essential Servicest------+----+-----+----+-------11-----+.---=r-----1 Multikey encryption
-------~---~---~----------~---~
0 0
0 Appendix A
FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 Total Portable packages
APX8000
Law Trlband APX8000 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Law V/7/8 APX8000 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Law U/7 /8 APX8000 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Law 7 / 8 APXBOOO $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 APXB000 options and accessories
5 year Essentia l Services $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Multlkey encryption $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 OTAR with Multlkey encryption $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 AES/ DES-XL Encryption $0.00 $0.00 $0.00 - $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Spare battery (PMN N4486A 3400 mAh) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Remote speaker mic (PMMN4099) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Single unit charger (NNTN8860A) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Multi unit cha rge r (N NTN8844) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 APX Next
Law Tri band P25/LTE APX Next $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Law V/ 7/8 P25/LTE APX Next $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Law U/7/8 P25/LTE APX Next $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 . $0.00 $0.00 APX Next options and accessories
Spa re battery (NNTN9087A) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Single unit cha rger (NNTN9199A) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Remote speaker mic (PMMN4123A) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Multi unit charger (NNTN9115) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 APXB000XE
Fire Tri band APXBOOO XE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fire V /7 /8 APXBOOO XE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 APX8000 XE options and accessories
5 yea r Essentia l Services $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Multikey encryption $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 OTAR with M ultikey encryption $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Spare battery (PMN N44504 3400 mAh) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Single unit charger (NNTN8860A) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 XES00 Remote speaker mic w control
kno b (PMMN4106D) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 XES00 Remote speaker mic w/o control
knob (PMMN4107C) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Multi unit charger {NNTN8844) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 APX4000
Public Works 7 /8 APX4000 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 APX900 $0.00
Undercover 7 /8 APX900 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 APX900 and APX4000 options and
accessories
5 year Essentia l Services $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Multikey encryption $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Spare battery (NNTN8128BR) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Remote speaker mlc (PMMN4099) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Single unit charger (PMPN4174A) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Multi unit charger (PMPN4284) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Mobile packages
APX8500
Public Safety Tri band Mobile APXBSOO $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Public Safety V/7/8 APX8500 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Public Safety U/7/8 APXBSOO $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Public Safety 7/8 APX8500 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 APX8500 options and accessories $0.00
5 year Essential Services $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Multikey encryption $0.00 $0.00 $0.00 $0.00 $0.00 ' $0.00 $0.00 $0.00 $0.00 OTAR with Multikey encryption $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 AES/DES-XL Encryption $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 03 Control Head $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Dual 05 Control Head $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Multiplexer and V/U/7/8 antennas $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Multiplexer and V/7/8 antennas $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Multiplexer and U/7/8 antennas $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 APX4500
Public Works 7/8 Remote Mount
APX4500 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Public Works 7 /8 Dash mount APX4500 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 APX4000 options and accessories $0.00
5 year Essential Services $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Multikey encryption $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Shipment Total: $0.00 $0.00 $0.00 $0.00 $0 00 $0 00 $0.00 $0.00 $0.00 Minimum Shipment:

Taxes: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Payment Total: SO 00 SO 00 SO 00 SO 00 SO 00 SO 00 $0 00 SO 00 SO 00 Agency
Santa Clara County
City of Campbell
City of Cupertino
City of Gilroy
City of Los Altos
Town of Los Altos Hills
Town of Los Gatos
City of Milpitas
City of Monte Sereno
City of Morgan Hill
City of Mountain View
City of Palo Alto
City of San Jose
City of Santa Clara
City of Saratoga
City of Sunnyvale
Santa Clara Valley Water District
Santa Clara Valley Transportation
Authority (VTA)
Evergreen College
De Anza College
Foothill College
Gavilan College
Mission College
San Jose City College
San Jose State University
Santa Clara University
Stanford University
West Valley College
Appendix A
$ $ $ $ $ $
Shipment Total: $ - $ - $ - $ - $ - $ - $ - $ -
Minimum Shipment:

Taxes: $
- $ - $ - $ - $ - $ - $ - $ -
Payment Total: $ - $ - $ - $ - $ - $ - $ - $ - $

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-1511 Agenda Date: 6/4/2024

REPORT TO COUNCIL

SUBJECT
Action on Award of Agreement to Tucker Construction, Inc. for Encampment Cleanup Services

COUNCIL PILLAR
Deliver and Enhance High-Quality Efficient Services and Infrastructure

BACKGROUND
Encampment debris contributes to visual blight, odors, stormwater pollution, and other aesthetic and safety concerns in surrounding neighborhoods. The City must follow stringent procedures to protect both the rights of individuals impacted by encampment cleanups and the safety of the personnel performing the cleanup services. Encampment cleanups often entail sending notifications prior to and after cleanup, storage and distribution of personal property, and employee safety training to deal with potential jobsite hazards. Due to these complexities, it is necessary to contract with an experienced vendor to ensure the City can clean up encampments swiftly before they grow in size or become health risks.

The Police Department (PD), Community Development Department (CDD), and Department of Public Works (DPW) coordinate extensively to remove encampments at City-maintained properties throughout Santa Clara. PD coordinates with CDD to provide resources to individuals in need of assistance and works with them to clear personal belongings from sites before abatement. PD and DPW determine a date and time for the anticipated cleanup activity and DPW coordinates with the vendor to perform the cleanup services. The purchase order with the current vendor is set to expire on July 1, 2024.

DISCUSSION
Pursuant to City Code Section 2.105.140(d), a formal Request for Bids (RFB) was conducted as the solicitation method for this project with award to the lowest responsive and responsible bidder. On February 22, 2024, staff published the RFB for Homeless Encampment Cleanup Services on the City’s e-procurement platform. Four responsive bids were received by the deadline. Bidders were required to submit their hourly rates and a percentage markup for miscellaneous materials, equipment, and third-party services. The low bid is determined by multiplying the rates by DPW’s estimated quantities of usage. The estimated total for each bidder is listed below:

Bidder Name Estimated Total
Tucker Construction, Inc. $ 87,732
Dillard Environmental Services $ 90,080
ServiceMaster Restoration Services $ 93,408
OFRS Inc. $ 100,800
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24-1511 Agenda Date: 6/4/2024
Staff recommends awarding an agreement to Tucker Construction, Inc. (Tucker) for submitting the lowest responsive and responsible bid. Tucker will provide homeless encampment cleanup services as requested by DPW and in accordance with the detailed scope of services outlined in the agreement. In addition, Tucker will coordinate the storage of personal items found during the cleanup and hold them for thirty days to allow owners to claim their property.

Before commencing work, Tucker will be required to provide the City with a not-to-exceed estimated cost of the clean-up. The City will be invoiced in arrears at fixed rates for the services. These rates are all-inclusive and include wages, overhead, general and administrative expenses, profit, tools, and most equipment needed for the clean-up. However, dumpsters, portable bathroom facilities, thirdparty services, and any heavy equipment that may be required and not owned by the contractor will be invoiced at the contractor’s actual cost, plus a 20 percent markup.

The initial term of the agreement is one year, with the City having the option to extend it for four additional one-year terms. Annual price adjustments may be allowed after the initial term if requested and justified by the contractor and approved by the City. Prevailing wages will be paid under this agreement.

ENVIRONMENTAL REVIEW
Awarding the subject agreement with Tucker does not itself constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or as a reasonably foreseeable indirect physical change in the environment. Notwithstanding the foregoing, any abatement activities performed pursuant to the Agreement may be categorically exempt under CEQA Guidelines sections 15301 (Existing Facilities), 15304 (Minor Alterations to Land), and 15321 (Enforcement Actions by Regulatory Agencies), depending on the site and work required.

FISCAL IMPACT
The total not-to-exceed amount for the initial term of the agreement is $110,000, which includes a 25 percent (approximate) continency above the bid price. The contingency is included because the quantities used for determining low bids were estimates and could be higher based on the level of need. The FY 2024/25 and FY 2025/26 Proposed Capital Budget includes a recommendation to adjust the Operating budget to include $110,000 for homeless encampment cleanups in the Department of Public Works departmental budget.

COORDINATION
This report has been coordinated with the Finance Department, Police 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.

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24-1511 Agenda Date: 6/4/2024

RECOMMENDATION

1. Determine the proposed actions are exempt from CEQA pursuant to Sections 15301 (Existing Facilities), 15304 (Minor Alterations to Land), and 15321 (Enforcement Actions by Regulatory Agencies) of Title 14 of California Code of Regulations;

2. Authorize the City Manager to execute an agreement with Tucker Construction, Inc. for homeless encampment cleanup services for an initial one-year term starting on or around July 1, 2024 and ending on or around June 30, 2025, with a not-to-exceed maximum compensation of $110,000, in a final form approved by the City Attorney; and

3. Authorize the City Manager to exercise up to four one-year options to extend the term of the agreement through June 31, 2029 and to approve annual reasonable market price adjustments, subject to the appropriation of funds, in a final form approved by the City Attorney.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Agreement with Tucker Construction
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EBIX Insurance No. S200002163

AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
TUCKER CONSTRUCTION, INC.

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Tucker Construction, Inc., a California corporation, (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services";
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:

Exhibit A - Scope of Services
Appendix A1 - Examples of Tools, Equipment, and Third-Party Services Appendix A2 - Guidelines for Property Identification
Appendix A3 - Notice of Planned Clean-up and Order to Vacate City Property Appendix A4 - Notice of Recovered Property
Appendix AS - Inventory Sample
Agreement with Tucker Construction, Inc.

Rev. 07-01-18

Page 1 ends

Exhibit B - Schedule of Fees
Exhibit C - Insurance Requirements
Exhibit D - Labor Compliance Addendum
Exhibit E - Notice of Exercise of Option to Extend Agreement Form This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT
A. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the initial term of this Agreement shall begin on July 1, 2024 and terminate on June 30, 2025.

B. After the Initial Term, the City reserves the right, at its sole discretion, to extend the term of this Agreement for up to four (4) additional one-year term through June 30, 2029 ("Option Periods"), subject to the appropriation of funds. See Exhibit D for Notice of Exercise of Option to Extend Agreement Form.

3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.

4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.

Agreement with Tucker Construction, Inc.

Rev. 07-01-18

Page 2 ends

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

6. COMPENSATION AND PAYMENT
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is set forth in Section 1 of Exhibit B, subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.

7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days' prior written notice to Contractor.

B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.

C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (1 O) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.

8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.

Agreement with Tucker Construction, Inc.

Rev. 07-01-18

Page 3 ends

Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.

9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.

10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.

11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.

12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.

Rev. 07-01-18

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Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.

Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to Contractor's Services hereunder.

14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement - including claims of any kind by Contractor's employees or persons contracting with Contractor to perform any portion of the Scope of Services - and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.

B. Contractor's obligation to protect, defend, indemnify, and hold harmless in full City and City's employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue~urisdiction in which the claim is brought and the manner of relief sought.

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

Agreement with Tucker Construction, Inc.

Rev. 07-01-18

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15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.

16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City's review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

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

City of Santa Clara
Attention: Department of Public Works
1500 Warburton Avenue
Santa Clara, CA 95050
and by email at [email protected]
And to Contractor addressed as follows:

Tucker Construction, Inc.

Attention: Mark Tucker
1725-D Little Orchard Street
San Jose, CA 95125
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.

An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.

18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to "The Code of the City of Santa Clara, California" ("SCCC"). In particular, Contractor's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has Agreement with Tucker Construction, Inc.

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read and agrees to comply with City's Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).

19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.

20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.

21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.

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

23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the Vqlidity of the other provisions, which shall remain in full force and effect.

24. AMENDMENTS
This Agreement may only be modified by a ·written amendment duly authorized and executed by the Parties to this Agreement.

Agreement with Tucker Construction, Inc.

Rev. 07-01-18

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25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.

The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated: --------------
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
TUCKER CONSTRUCTION, INC.
a California corporation
Dated: ------------------
By (Signature): ------------------ Name: Mark Tucker
Title: President, Secretary, and Treasurer
Principal Place of 1725-D Little Orchard Street
Business Address: San Jose, CA 95125
Email Address: [email protected]
Telephone: (408) 287-1424
Fax: (408) 287-1448
Agreement with Tucker Construction, Inc.

Rev. 07-01-18
"CONTRACTOR"

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EXHIBIT A

SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below.

1. INTRODUCTION
As directed by City, Contractor shall provide turnkey homeless encampment site cleanups as described herein, with the goal of keeping parks and public space free of encampments in order to protect the environment and provide safe use of public areas.

2. DOCUMENTS
This Attachment contains the following Appendices:

2.1. Appendix A 1 - Examples of Tools, Equipment, and Third-Party Services

2.2. Appendix A2 - Guidelines for Property Identification

2.3. Appendix A3 - Notice of Planned Cleanup and Order to Vacate City Property (subject to change, verify with PD staff prior to posting)

2.4. Appendix A4 - Notice of Recovered Property

2.5. Appendix AS - Inventory Sample

3. CITY RESPONSIBILITIES

3.1. General

3.1.1. City shall determine the location requiring clean up.

3.1.2. The Department of Public Works (DPW) and the Santa Clara Police Department (PD) (collectively the "City") will coordinate with Contractor to determine the appropriate date and time for the anticipated cleanup activity.

3.1.3. City shall issue a work order and provide a minimum one week notice to Contractor.

3.1.4. City will provide a representative to serve as a point of contact to approve and issue work orders, to address any Contractor issues or questions that may arise during the course of a cleanup, and supervise Contractor's activities.

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3.2. Initial Outreach
Prior to posting, and if reasonably possible, PD will contact individuals present at the location to:

3.2.1. Advise of community, health, environmental concerns associated with storage and encampments.

3.2.2. Advise of the City's intent to conduct cleanup activities at that location, and explain the process used (provide expected date, if known).

3.2.3. Coordinate with, or provide information related to, agencies or other organizations that may provide supportive services such as medical services, shelter options, or housing assistance.

3.2.4. Encourage individuals present to remove their property and provide free bags for their use.

3.2.5. Document location, date of visit, description of conditions, number of individuals present, information provided, and any other pertinent information.

3.3. During Cleanup

3.3.1. Upon first arrival, PD will conduct a site check to make sure that no individuals remain on site. If individuals are present at the site, PD will verbally inform them of the posted cleanup and give them thirty (30) minutes (or other reasonable period of time) to gather their belongings and vacate the site. PD will provide an officer present at the site until such time as all individuals present at the site have vacated it and, depending upon the expected length of the activity, remain on-call.

3.3.2. If the individuals present are willing to voluntarily provide their names, PD will record such names so that returning stored items later is more efficient.

4. CONTRACTOR RESPONSIBILITIES

4.1. Notice of Planned Cleanup

4.1.1. Contractor shall post notices at various locations denoting the approximate exterior perimeter of the site and place a copy at/on each tent, structure or other evidence of encampment. The notices will be placed in locations and in quantities sufficient to reasonably ensure visibility. Notices must be posted no less than seventy-two (72) hours, and not more than five (5) days, prior to the expected cleanup date.

Contractor shall photograph posted notices to document time and location of posting.

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4.2. 24 Hours Prior Cleanup

4.2.1. Twenty-four hours prior to cleanup, Contractor shall check weather forecast for date of cleanup, through National Weather Service. If inclement weather is predicted (extreme cold or heat, greater than 50% chance of rain, etc.), then Contractor will cancel the cleanup. As soon as reasonably possible, Contractor will take down notices of the cleanup. PD will work with Contractor to reschedule the cleanup and re-notice.

4.3. Cleanup

4.3.1. Contractor shall cleanup encampment sites as assigned by City. Cleanup duties shall include surveying sites, collecting debris, dismantling temporary structures, removing trash, and disposing of all debris at a permitted solid waste disposal or Class Ill landfill facility.

4.3.2. Contractor shall coordinate the disposal of materials excluded from solid waste disposal facilities found at abatement sites such as hazardous waste, universal waste, medical waste, and other such items at a site permitted to accept such material. Contractor may provide these services directly or through a licensed subcontractor.

4.3.3. Contractor shall follow best practices and work procedures to safely manage any hazardous materials that may be found on the job site, including soiled personal hygiene items, syringes, and other materials which could pose a health threat.

4.3.4. Contractor shall supply all labor, materials, tools, heavy machinery and equipment, vehicles, protective clothing, protective gear, portable bathroom facilities, and other supplies that may be required to remove all debris, litter, and waste as listed in Appendix A 1 . Such equipment, tools, and protective gear shall be sufficient for all conditions including jobsites that may be located in heavy foliage, poison oak, steep embankments, next to train tracks, by creeks and rivers, and other areas requiring alertness to the environment and pre-planning to prevent injury or illness.

4.3.5. Contractor shall coordinate with the City on a project-by-project basis to determine the scope for each encampment cleanup. The scope will establish the project start date, period of work, size/scope of the job, work location, the name and title of the onsite Contractor representative, and the estimated not-to-exceed cost of the cleanup in accordance with established rates of the contract. Additional specific instructions will be given by the City at the work location.

4.3.6. Contractor shall be responsible to provide an on-site supervisor/manager for abatement crews and ensure all necessary safety procedures are followed. This individual will also serve as the Agreement with Tucker Construction, lnc./Exhibit A-Scope of Services Rev. 07-01-18

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City contact for all projects. City will not pay for more than one (1) supervisor unless agreed upon in writing.

4.3.7. Contractor shall photograph the encampment site and surrounding area identified by City staff before and after the cleanup to document the condition of the site and the date of the cleanup. Photographs of cleanup will be provided to PD electronically after completion of the cleanup.

4.3.8. Contractor shall immediately contact PD in the event that weapons are found at the encampment.

4.3.9. Contractor shall trim shrubs and vegetation as required in a work order issued by the City, provided that such abatement is consistent with any permits required to perform cleanups along watercourses, including but not limited to, any permits required by the California Regional Water Quality Control Board, the U.S. Army Corps of Engineers, or the California Department of Fish and Wildlife.

4.3.10. Contractor shall be familiar with the areas and verify with the City designated representative that the abatement site is within the City's jurisdiction. Encampments may be located on properties shared by the City or other agencies. Contractor is expected to be familiar with the area and verify the jobsite is within the City's jurisdiction. In the event that access to the jobsite is restricted, Contractor shall coordinate entry with the City.

4.3.11. Contractor shall notify the City when the work is complete and provide a cleanup report to City representative.

4.3.12. In the event that an adjacent homeless encampment is discovered in the general area during the course of a project, Contractor shall immediately notify the City's designated representative. Contractor shall not perform any abatement on the adjacent site unless and until all procedural guidelines have been complied with for the adjacent site and the City has authorized the additional work.

4.3.13. Contractor shall provide a representative, if requested by City, to attend regional encampment cleanup coordination meetings that involve multiple agencies, jurisdictions, and/or special interest organizations.

4.3.14. City reserves the right to cancel any given project if the City deems, in its sole discretion, that unsafe conditions (such as inclement weather) exist at the site on the day of a planned event. The City will attempt to provide Contractor with at least 24-hour notice of any project cancellation.

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4.3.15. Contractor shall perform work in a timely and efficient manner, and conduct themselves in a courteous and business-like fashion at all times.

4.3.16. Contractor shall obtain, maintain, and comply with all permits required to perform cleanups along watercourses, including but not limited to, any permits required by the California Regional Water Quality Control Board, the U.S. Army Corps of Engineers, or the California Department of Fish and Wildlife.

4.3.17. Contractor shall track data related to each encampment cleanup and provide detailed monthly reports to the City.

4.3.18. The work shall be completed between Monday-Friday, and during normal business hours.

4.4. Sorting and Tagging Personal Property

4.4.1. Contractor shall provide industrial grade bags and tags and, with City supervision, sort items that may include litter, debris and waste at the site and identify and tag certain items as "personal property". Refer to Appendix A2 for Guidelines for Property Identification.

4.4.2. In the sorting process, Contractor will: (a) open any bag, purse, backpack, or suitcase to verify the contents, but will not sort each item inside, (b) cut open or disassemble any structure or tent in order to verify the contents< but will not sort each item inside and (c) consider trash any structure or tent that required cutting or disassembling in order to inspect the inside without entry.

4.4.3. Once a site is sorted the Contractor will photograph the personal property to document what is being placed in storage (the "photo inventory"). A sign or board indicating the date, location of the containers will be placed in the photograph with the property.

Contractor will then place all personal property in clear plastic tubs or bags marked with the date and location of abatement. Contractor will load the personal property into a truck to be transported for storage at Contractor's facility. Appendix A5 shows a sample inventory list.

4.5. Claims on Property During the Cleanup

4.5.1. If individuals are present and request immediate return of key personal effects (such as ID, medications, etc.), Contractor shall be reasonable.

Individuals should not be allowed to interfere with the cleanup, but Contractor may return these types of basic or critical personal items.

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4.5.2. Contractor will request the name of any individual claiming property.

Any returned item will be photographed and noted on the photo inventory list with the name of the individual who collected it.

4.6. Posting Notice After Cleanup

4.6.1. Once the site is safe for individuals to return to it, Contractor shall post and photograph a notice stating the retrieval storage location. See Appendix A4 for the template of the required notice.

4. 7. Guidelines for Return of Property

4. 7 .1. Upon receipt of a phone call or email regarding an item collected at an abatement, Contractor will review the photo inventory list for the date and location of the abatement for the reported item. If the item can be located, Contractor shall retrieve the item from storage and drop off the item(s) with staff at a specified location for collection by the caller.

4. 7 .2. The specified location for collection by the caller shall be provided by the Contractor.

4.7.3. If an individual cannot locate his/her items, and disputes the City's/Contractor's disposal of it, Contractor may direct the individual to file a claim with the City Clerk's Office.

4. 7.4. It is understood and expected that many stored items will not contain identifying information; therefore, if a claimant reasonably describes an item to be retrieved (and that item has no ownership identifier on it), then the item can be released to the claimant. To a certain extent, the process operates on the "honor system."

4.8. Disposal after Storage Period

4.8.1. Contractor shall store items for ninety (90) days after the cleanup date.

4.8.2. If property is unclaimed after 90 days, PD may dispose of it as unclaimed surplus property in accordance with the City Code (SCCC

2.105.310).

4.8.3. Contractor shall provide PD copies of all documents {photographs, notices, logs, etc.,) at the conclusion of the 90-day storage period.

City's record retention period for all documents related to the cleanup is a minimum of three {3) years.

4.9. Safety and Training

4.9.1. Safety and appropriate training/licensing are critical requirements for the Contractor.

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4.9.2. Contractor shall comply with all safety rules, protocols, and licensing requirements mandated by the State of California.

4.9.3. Jobsites can be in heavy foliage, poison oak, steep embankments, next to train tracks, by creeks and lakes, and other areas requiring alertness to the environment and pre-planning to prevent injury or illness. Contractor shall perform a hazard assessment and provide all training and supplies necessary.

4.9.4. Contractor shall be OSHA certified to operate any heavy equipment required to complete the encampment cleanup work, including trash compactors, bulldozers, graders, or other ground moving equipment.

4.9.5. Contractor shall conform to all applicable occupational safety and health standards, rules, regulations, and orders established by the State of California. Contractor shall provide all safety equipment, materials, and training to its employees as required. Contractor shall provide its employees with appropriate safety apparel. This apparel shall include hardhats, safety glasses, vests, gloves, and leather (or adequately puncture resistant) boots.

4.9.6. Contractor shall be trained annually in OSHA's Bloodborne Pathogen Standard 1910.1030. This training must be supplemented with precautions regarding West Nile Virus, hanta virus, Hepatitis A, and histoplasmosis. Employees must have work procedures to be able to safely manage urine, feces, soiled personal hygiene items, syringes, and other materials which could pose a health threat. Wearing Personal Protective Equipment (PPE) and following other protocols established for this situation must be followed. Contractor will coordinate disposal of these wastes and syringes with the City.

4.9.7. Contractor shall provide copies of any training records and licenses required by the City.

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APPENDIX A1 TO ATTACHMENT A

EXAMPLES OF TOOLS, EQUIPMENT, AND THIRD-PARTY SERVICES
A: Examples of tools and equipment provided by Contractor (and included in Contractor's Rates in Section 2.1 of Exhibit B):

Clothing Supplied by Workers: Hand Tools:
• Boots - high top leather uppers • Rakes
• Long sleeve shirts • Shovels
• Longs pants • Pitch forks
• Tarps
• Garbage cans
• Plastic bags
• Hammers
• Pry-bars
• Knives
• Weed trimmer
• Weed mower
• Chainsaw
• Brooms
Maintenance Items: Bio Supplies:
• Identifying shirts or vests • PPE clothing
• First aid kit • Eye protection
• Drinking water • Face protection
• Toilet provisions • Red bags
• Hazard notices
• Red second containment for transport
• Cleaning materials including bleach
• Shovels
Personal Protection Items: Heavy Equipment, if needed:
• Gloves • Small skid steer tractor
• Hardhats • Backhoe loader
• Dust masks • Dump trucks
• Goggles • Other vehicles
• Sunscreen
• Insect Repellant
• Bite treatment cream
• Poison oak exposure cream
B. Examples of additional equipment, materials, and third-party services at Contractor's actual cost plus % markup (Section 2.1 of Exhibit B) • Boom rental
• Dumpsters
• Portable toilet
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APPENDIX A2 TO ATT AC HM ENT A

GUIDELINES FOR PROPERTY IDENTIFICATION
Unless an item is trash or poses an immediate threat to public health or safety, it should be retained for storage as potential personal property.

Items that are arranged in a manner that suggests ownership (e.g., items that are neatly folded or stacked, stored off the ground, hung, or clearly on display or packed in bag or box) should be retained for storage.

If there is any uncertainty regarding whether an item should be thrown away or stored, it should be stored.

Prescription medication and similar usable medical items (that appear to be safe to handle) are not waste and should be stored or given to the individual.

Examples of personal property of apparent value that should be stored may include clothing, shoes, jackets, tents, sleeping bags, bed rolls, blankets, backpacks/bags, bicycles, tools, watches~ewelry, electronics, toiletries, eyeglasses, purses, personal papers/identification documents, photographs, books and baby strollers.

Examples of items that are trash or pose a threat to public health or safety and will not be stored: The following are examples of conditions that will cause an item (including those examples listed above) to be immediately disposed of:
• Dirty or Soiled: items that smell of bodily waste or other contaminants or other hazardous materials, are stained with urine or other bodily waste, or are infested with fleas, bed bugs, rats or other vectors
• Perishable: open food or personal products that will spoil or rot in storage • Contaminated: items used for hygiene or that present a risk of biohazard (i.e. sharps or other medical/pharmaceutical materials, used toothbrushes, hairbrushes, washcloths, bandages, sponges, and underwear) • Hazardous or Explosive: items that could corrode or burn in storage (i.e. car batteries, gasoline tanks, and propane tanks)
• Broken or Disassembled: items that are broken, damaged, or stripped of parts and have no apparent utility in their present condition (i.e. electronics stripped for copper, bike parts, flat tires, torn up clothes)
• Weapons: weapons, drugs or other contraband will be given to the PD • Obvious Trash: Food/beverage wrappers, tissue/paper napkins, etc.

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APPENDIX A3 TO ATTACHMENT A

WARNING
Per the Santa Clara Municipal Code
. 9.30.040- Removal of Personal Property From City Property You have 72 hours to remove your
belongings. Any personal property not
removed in 72 hours may be classified as
refuse and thrown away. Personal
property not classified as refuse shall be
stored by the City for ninety (90) days.

Posted by the City of Santa Clara on:

DATE/TIME/ID#
Santa Clara Police Department
Questions call : 408-615-4745
Agreement with Tucker Construction, lnc./Exhibit A-Scope of Services/Appendix A3 Page 1 Rev. 07-01 -18
APPENDIX A4 TO ATTACHMENT A

NOTICE OF RECOVERED

PROPERTY
PLEASE TAKE NOTICE:

On [date], the City of Santa Clara conducted a clean-up of [LOCATION]. Items deemed to be refuse were disposed of.

Certain items of personal property not deemed refuse were collected and are being stored pending retrieval by the rightful owners.

Individuals wishing to reclaim personal property
collected by the City as part of the clean-up project
may do so by contacting
[ person and title]
[ address]
(?hone number ]

PERSONAL PROPERTY COLLECTED BY THE CITY

WILL BE STORED, WITHOUT CHARGE, FOR NINETY
(90) DAYS FOLLOWING [ DATE OF CLEAN-UP].

AFTER NINETY (90) DAYS, ANY UNCLAIMED
PROPERTY WILL BE DISPOSED OF.

Agreement with Tucker Construction, lnc./Exhibit A-Scope of Services/Appendix A4 Page 1 Rev. 07-01-18

APPENDIX AS TO ATTACHMENT A

INVENTORY SAMPLE
Location:

DPW Project Manager:

Date Noticed:

Date Clean Up Started/Completed:

End of 90-Day Storage:

Bag Specific Item Owner Claimed
or Location Description Info. Date (if applicable)
Box (and/or cross reference to clean up (if applicable, (if applicable) photo inventory) include as much
# detail as
possible)
Claimant
Signature
Of applicable)
Agreement with Tucker Construction, lnc./Exhibit A-Scope of Services/Appendix A5 Rev. 07-01-18
Date of
Disposal
Of applicable;
retain all
documentation)

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EXHIBIT B

SCHEDULE OF FEES

1. MAXIMUM COMPENSATION
The maximum amount payable for all products and services provided under this Agreement shall not exceed One Hundred Ten Thousand Dollars ($110,000). No additional services will be performed unless both Parties execute amendment outlining the services requested and the compensation agreed for such services.

2. PRICING

2.1. Compensation shall be paid to Contractor on a time and material basis as listed below.

Cateqorv Hourly Rate 1
Pre-Cleanup Rate:

Post notices, take pictures for documentation, etc. $91.50 Cleanup Rates:

Supervisor $137
Laborer (non-hazardous) $91.5
Laborer (hazardous) $131
Trucker $98.50
Landscape Cleanup $91.50
Post-Cleanup
Take personal items to storage, coordinate return of $91.50 personal items, etc.
%
20%
1 See Section 4 below for hourly rate adjustments.

2.2. Prior to the commencement of work, Contractor shall provide City with a not to exceed estimated cost of the clean-up. Contractor shall notify City, with as much advanced notice as possible, if it is determined that the estimate will be exceeded.

2.3. The hourly labor rates are fully loaded and include wages, overhead costs, general and administrative costs, and profit. Overhead costs shall include all hand tools, power tools, consumables, and related items that may be required to perform each clean-up. Refer to Appendix A 1 for examples of tools and equipment.

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2.4. In the event that additional tools, equipment, and/or third-party services are required for a clean-up, Contractor shall obtain pre-approval from the City describing the additional requirement and the associated cost. City shall reimburse Contractor for any pre-approved additional charge at Contractor's actual cost, plus a maximum of 20% markup.

3. PRICING AND OPTION RENEWALS

3.1. Pricing is fixed for the Initial Term of the Agreement.

3.2. Price Adjustments: Contractor may request adjustments to compensation rates prior to any one-year option to renew the Agreement after the Initial Term.

Price increase requests must be tied to CPI, PPI, or relevant industry specific index. Request for a price increase must be fully documented by Contractor and are subject to City's approval.

4. INVOICING PROCEDURE

4.1. At the conclusion of each encampment clean-up, the City shall pay Contractor in arrears within thirty {30) days of a properly completed invoice in a form acceptable to the City.

4.2. The invoice shall itemize the number of employees assigned to the clean-up, the actual hours worked for each employee, and the hourly rate as quoted above, and the extend cost which is the hourly labor rate times the total hours worked. Actual hours worked shall only include clean-up work at the encampment, and shall not include time for travel to the job-site, or any incidental time that is not directly related to the clean-up. If any additional tools, equipment, and/or third-party services were required for the clean-up, then supporting documentation must be provided with the invoice to document the cost to the vendor.

5. COMPENSATION ADJUSTMENT

5.1. Contractor may request adjustments to the hourly labor rates effective July 1 of each year during the term of the agreement. Contractor shall provide information justifying reasons for any increase, and City shall not unreasonably withhold approval of any increase provided the renewal quote for ongoing services does not exceed 3%, except to reflect an increase to the prevailing wage that is greater. Contractor must provide wages and benefits information to establish the amount paid to their workers to justify an adjustment that is greater than 3%. In no event will an adjustment greater than 3% be allowed for general and administrative expenses, overhead expenses, and profit.

Agreement with Tucker Construction, lnc./Exhibit 8-Schedule of Fees Rev. 07-01-18

Page 2 ends

EXHIBIT C

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

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$5,000,000 Each occurrence
$5,000,000 General aggregate
$5,000,000 Products/Completed Operations aggregate
$5,000,000 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 Tucker Construction, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18

Page 1 ends

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 37 10 01, or its equivalent.

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

Agreement with Tucker Construction, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18

Page 2 ends

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

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

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.

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, Agreement with Tucker Construction, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18

Page 3 ends

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 of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.

Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certifi'cates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be emailed to:
ctsa [email protected]
Or mailed to:

EBIX Inc.

City of Santa Clara Department of Public Works
P.O. Box 100085 - S2
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
H. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.

Agreement with Tucker Construction, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18

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EXHIBIT D

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

I. 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 177 4-177 5 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777 .5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.

3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.

Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov.

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

5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term "certified payroll" shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified Agreement with Tucker Construction, lnc./Exhibit D-Labor Compliance Rev. 07-01-18

Page 1 ends

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.

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.

J. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is Agreement with Tucker Construction, lnc./Exhibit D-Labor Compliance Rev. 07-01-18

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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.

K. Enforcement

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

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

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

City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements.

These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.

Agreement with Tucker Construction, lnc./Exhibit D-Labor Compliance Rev. 07-01-18

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EXHIBIT E

NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT
AGREEMENT TITLE:

CONTRACTOR:

DATE:

Pursuant to Section of the Agreement referenced above, the City of Santa Clara hereby exercises its option to extend the term under the following provisions:

I OPTION NO. #of#

NEW OPTION TERM
\ Begin date:

End date:
□ CHANGES IN RATE OF COMPENSATION
I Percentage change in CPI upon which adjustment is based:

Pursuant to Section _ of the Agreement the rates of compensation are hereby adjusted as follows:
(use attachment if necessary)
I MAXIMUM COMPENSATION for New Option Term:

For the option term exercised by this Notice, City shall pay Contractor an amount not to exceed the amount set forth above for Contractor's services and reimbursable expenses, if any. The undersigned signing on behalf of the City of Santa Clara hereby certifies that an unexpended appropriation is available for the term exercised by this Notice, and that funds are available as of the date of this signature.

Approved as to Form:

GLEN R. GOOGINS
City Attorney
Dated:

JOVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: {408) 615-2210
Fax: (408) 241-6771
Agreement with Tucker Construction, lnc./Exhibit E-Notice of Option to Extend Agreement Rev. 07-01-18

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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-291 Agenda Date: 6/4/2024

REPORT TO COUNCIL

SUBJECT
Action on an Agreement with the Santa Clara Valley Transportation Authority for 2016 Measure B Funding of the Bowers Avenue Class IV Bikeway Study and Related Budget Amendment

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
In 2016, Santa Clara County voters approved “Measure B,” a 30-year half-cent county-wide sales tax to fund improvements for nine transportation related program categories. The Santa Clara Valley Transportation Authority (VTA) administers these funds, and the program categories are defined as:

BART Silicon Valley Phase II, Caltrain Corridor Capacity Improvements, County of Santa Clara Expressways, Local Streets and Roads, Transit Operations, Bicycle & Pedestrian, Caltrain Grade Separations, Highway Interchanges and State Route 85 Corridor.

VTA requires a local agency to adopt a Complete Streets Resolution in order to receive Measure B funds. The City has met this requirement by adopting a Resolution establishing a Complete Streets Policy at the August 21, 2018 City Council meeting (Attachment 1). This resolution ensures that the City is committed to building streets that are designed for the safe travel of all roadway users including motorists, pedestrians, and bicyclists.

The City’s adopted Bicycle Plan recommends locations for new Class IV bicycle facilities to create a comprehensive bicycling network and encourage bicycling as a safe and healthy alternative to driving. A Class IV bicycle facility is a protected bicycle lane with a buffer area and vertical features (i.e., reflectorized channelizers, barriers, or curbs). The plan also identifies specific corridors that require further study to determine alternate roadway configuration options to accommodate the installation of the recommended bicycle facilities (Attachment 2). Inclusion of the recommended bicycle facilities along these corridors may include options to reduce travel lanes or remove on-street parking.

DISCUSSION
The Bicycle & Pedestrian program category of Measure B includes funding for education programs, planning studies, and capital projects. In November 2022, VTA released a call for projects to award funding for the FY 2022/23 cycle of planning studies.

The VTA received six planning study applications, with the City submitting one for the Bowers Avenue Class IV Bikeway Study, which was identified in the Bicycle Plan as requiring further study. The project study area is Bowers Avenue from Walsh Avenue to El Camino Real (Attachment 3) and the City’s Bicycle Plan recommended installing a Class IV separated bikeway on the corridor. A Class IV City of Santa Clara Page 1 of 3 Printed on 5/31/2024
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24-291 Agenda Date: 6/4/2024
bikeway, also known as a separated bikeway, is a facility for the exclusive use of bicycles and includes a physical separation barrier between the bikeway and through vehicular traffic. The barrier may include, but is not limited to, reflectorized channelizers, curbs, or on-street parking.

The City requested a total of $210,000 in Measure B grant funds for the project, but VTA indicated that only $154,000 in funds remained available for the award. Staff determined that it would be advantageous to accept the partial grant award and supplement it with local funds so the study can move forward. The Bowers Avenue Class IV Bikeway Study will complete public outreach, analyze traffic and parking conditions, and create conceptual designs to determine final options for the bicycle facilities.

The City is required to execute a funding agreement with the VTA (Attachment 4) to accept the grant funding. After approval of the funding agreement, staff will release a Request for Proposal to procure a consultant to complete the planning study. Upon completion of the study, staff will present recommendations to Council for future consideration.

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

FISCAL IMPACT
The Bowers Avenue Class IV Bikeway Study has a total project cost estimate of $300,000. VTA has awarded $154,000 of funds and the City must contribute the remaining funding of $146,000 as a local match requirement.

The recommended budget action recognizes and allocates Measure B grant funding in the amount of $154,000 and establishes a new Bowers Avenue Class IV Bikeway Study project in the Streets and Highways Capital Fund. In addition, the recommended action reallocates $146,000 from the existing Pedestrian and Bicycle Enhancement Facilities project in the same fund. The Pedestrian and Bicycle Enhancement Facilities project supplements funding for the local match related to grant funds for pedestrian and bicycle projects.

The table below summarizes the recommended budget action needed for the Project.

Budget Amendment
FY 2023/24
Current Increase/
(Decrease)
Revised
Streets and Highways Capital Fund
(533)
Revenue
Other Agencies Revenue (VTA
Measure B Grant)
$32,086,022 $154,000 $32,240,022
Expenditures
Bowers Avenue Class IV Bikeway
Study (New Project)
$0 $300,000 $300,000
Pedestrian and Bicycle Enhancement
Facilities Project (533-1220)
$623,066 ($146,000) $477,066
City of Santa Clara Page 2 of 3 Printed on 5/31/2024
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24-291 Agenda Date: 6/4/2024
()
Streets and Highways Capital Fund
(533)
Revenue
Other Agencies Revenue (VTA
Measure B Grant)
$32,086,022 $154,000 $32,240,022
Expenditures
Bowers Avenue Class IV Bikeway
Study (New Project)
$0 $300,000 $300,000
Pedestrian and Bicycle Enhancement
Facilities Project (533-1220)
$623,066 ($146,000) $477,066

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

RECOMMENDATION

1. Approve and authorize the City Manager to execute the funding agreement between the City of Santa Clara and Santa Clara Valley Transportation Authority for the Bowers Avenue Class IV Bikeway Study in final form approved by the City Attorney; and

2. Approve a FY 2023/24 budget amendment in the Streets and Highways Capital Fund to increase the Other Agencies revenue estimate in the amount of $154,000 to recognize Measure B grant funding, decrease the Pedestrian and Bicycle Enhancement Facilities Project in the amount of $146,000, and establish an appropriation for the new Project - Bowers Avenue Class IV Bikeway Study in the amount of $300,000 (five affirmative Council votes required to appropriate additional revenue).

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Resolution No. 18-8593, Complete Streets Policy

2. Bicycle Plan Update 2018, Figure D-1 Future Design Considerations

3. Bowers Avenue Class IV Bikeway Study Project Map

4. Bowers Avenue Class IV Bikeway Study Funding Agreement City of Santa Clara Page 3 of 3 Printed on 5/31/2024
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File#: 18-260
Type:

City of Santa Clara
Legislation Details (With Text)
Version: 1 Name:

Status: Agenda Ready
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
File created:

Consent Calendar
3/8/2018
8/21/2018
In control: Council and Authorities Concurrent Meeting
On agenda: Final action:

Title: Action on a Resolution Adopting a Complete Streets Policy to Receive Measure B Funds Sponsors:

Indexes: CC
Code sections:

Attachments: 1. Resolution and Exhibit A
I Date Ver. Action By

REPORT TO COUNCIL

SUBJECT
Action Result
Action on a Resolution Adopting a Complete Streets Policy to Receive Measure B Funds

BACKGROUND
In 2016, Santa Clara County voters approved "Measure B", a thirty-year half-cent countywide sales tax to enhance transit, highways, expressways, and active transportation projects. The Santa Clara Valley Transportation Authority (VTA), which administers these funds, requires that local jurisdictions adopt a Complete Streets Resolution that contain·s nine Complete Streets elements as outlined by the Metropolitan Transportation Commission (MTC). Complete Streets are generally defined as streets that are built for the safe travel of all roadway users including motorists, pedestrians and bicyclists. Each local agency within Santa Clara County must adopt a resolution to receive funding from the Measure B program.

In addition, the MTC, as the metropolitan planning organization for the nine-county San Francisco Bay Area (which includes Santa Clara County), administers the One Bay Area Grant (OBAG) Program. The OBAG program is federally funded and funds can be used to invest in local streets and roads maintenance, streetscape enhancements, bicycle and pedestrian improvements, safe routes to school projects, priority conservation areas, and transportation planning. To be eligible for an OBAG grant, the MTC requires that local jurisdictions comply with the California Complete Streets Act of 2008 (AB 1358) which requires local jurisdictions to include the complete streets policies as part of their general plans so that roadways are designed to safely accommodate all users including bicyclists, pedestrians, transit riders, children, senior citizens, disabled people, and motorists.

Jurisdictions can meet this requirement by adopting either a Complete Streets Resolution or a General Plan Circulation Element which complies with the California Complete Streets Act of 2008.

The City currently meets this requirement by having General Plan Circulation policies that include complete streets elements. Although the City is already meeting this OBAG requirement and has adopted Complete Street policies within its General Plan, adopting this specific Complete Streets Resolution would further strengthen the City's ability to obtain future grant funds.

City of Santa Clara Page 1 of 3 Printed on 8/23/201 8
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File#: 18-260, Version: 1

DISCUSSION
Measure B will provide each local jurisdiction within Santa Clara County with an annual source of both guaranteed and competitive grant funds for both capital projects and local streets and road (pavement management programs) projects. The following are the eight capital program categories within Measure B that are eligible for the funds: BART Phase II, Bicycle and Pedestrian, Caltrain Grade Separations, Caltrain Corridor Capacity Improvements, Highway Interchanges, County Expressways, SR 85 Corridor, and Transit Operations. On October 11, 2016, the City Council endorsed a list of proposed multi-modal projects within Santa Clara that could be funded through Measure B.

In total, Measure Bis projected to provide approximately $69 million in funding for the City's local streets and roads projects over the next 30 years. Currently, funds are being held by the VTA due to ongoing litigation regarding Measure B. The VTA is projecting that this litigation will be resolved by the end of the year. Adopting the attached resolution and policy, (Attachment 1 ), which incorporates the nine elements outlined by the MTC, enables the City to meet the conditions required to receive both guaranteed and competitive funding from Measure B when funds become available.

The City also applies for MTC OBAG federal funds every grant cycle. Adopting this resolution will also strengthen the City's ability to receive grant funding and solidify the City's current efforts to meet these requirements through its updated General Plan Circulation policies.

The City coordinated the proposed policy with the Santa Clara Valley Transportation Authority who is responsible for overseeing the Measure B program and received their concurrence that the City's policy was consistent with the MTC guidelines. The City's Bicycle and Pedestrian Advisory Committee (BPAC) also reviewed the proposed Complete Streets Policy during its June 25, 2018 meeting. After a discussion as to what specific language should be included in the proposed Complete Streets Policy, the BPAC voted 6 to 2 to recommend that the City Council consider approving a resolution to adopt a Complete Streets Policy containing nine complete streets elements as outlined by MTC. A friendly amendment was added to the motion requesting that language be added to the proposed Complete Streets Policy to address BPAC's concern that proposed projects would not remove existing non-motorized facilities or negatively impact non-motorized users.

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

FISCAL IMPACT
There is no fiscal impact related to this report.

COORDINATION
This report has been coordinated with the Finance, Community Development, Electric Utility, Water & Sewer Departments and the City Attorney's Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City's website City of Santa Clara Page 2 of 3 Printed on 8/23/2018
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File#: 18-260, Version: 1
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.

In addition, this item was discussed at the City's Bicycle and Pedestrian Advisory Committee meeting on June 25, 2018.

RECOMMENDATION
Adopt a Resolution adopting a Complete Streets Policy containing the nine Complete Streets elements as outlined by the Metropolitan Transportation Commission to receive Measure B funds.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Deanna J. Santana, City Manager

ATTACHMENTS

1. Resolution and Exhibit A
City of Santa Clara Page 3 of 3 Printed on 8/23/2018
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RESOLUTION NO.18-8593

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

TO ADOPT A COMPLETE STREETS POLICY CONTAINING THE

NINE COMPLETE STREETS ELEMENTS AS OUTLINED BY THE

METROPOLITAN TRANSPORTATION COMMISSION IN ORDER

TO RECEIVE MEASURE B FUNDS
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, on November 8, 2016, the voters of Santa Clara County approved Measure 8, a 30- year, ½ cent sales tax measure supporting transportation projects and services. In order to be eligible to receive 2016 Measure B funds, all recipients must adopt a Complete Streets resolution that contains elements of Complete Stre.ets laid out by Metropolitan Transportation Commission (MTG) for the One Bay Area Grant (OBAG) Program Cycle 2. These elements describe Complete Streets principles, implementation, evaluation, and exception processes; WHEREAS, the term "Complete Streets" describes a comprehensive, integrated transportation network with infrastructure and design that allows safe and convenient travel along and across streets for all users, including pedestrians, bicyclists, persons with disabilities, motorists, movers of commercial goods, users and operators of public transportation, seniors, children, youth, and families;
WHEREAS, the City of Santa Clara City Council has long acknowledged the benefits and value for the public health and welfare of reducing vehicle miles traveled and increasing transportation by walking, bicycling, and public transportation;
WHEREAS, the City Council also recognizes that the planning and coordinated development of Complete Streets infrastructure provides benefits for local governments in the areas of infrastructure cost savings; public health; and environmental sustainability; WHEREAS, these concepts are inherent in the adopted Circulation policies of the City of Santa Clara General Plan;
WHEREAS, the State of California has emphasized the importance of Complete Streets by enacting Resolution/Complete Streets Policy
Rev: 11/22/17

Page 1 of 3 ends

the California Complete Streets Act of 2008 (also known as AB 1358), Which requires that when cities or counties revise .general plans, they identify how they Will provfde for the mobility needs of all users of the roadways, as well as through Deputy Directive 64, in which the California Department of Transportation explained that it "views all transportation improvements as opportunities to improve safety, access, and mobility for all travelers in California and recognizes bicycle, pedestrian, and transit modes as integral elements of the transportation system"; WHEREAS, the California Global Warming Solutions Act of 2006 (known as AB 32) sets . a mandate for the reduction of greenhouse gas emissions In California, and the Sustainable Communities and Climate Protection Act of 2008 (known as SB 375) requires emissions reductions through coordinated regional planning that integrates transportation, housing, and land~use policy, and achieving the goals of these laws will require significant increases in travel by public transit, bicycling, and walking;
WHEREAS, numerous California counties, cities, and agencies have adopted Complete Streets policies and leglslatfon in order to further the health, safety, welfare, economic vitality, and environmental well.:being of thelr communities; and,
WHEREAS, the City of Santa Clara, therefore, in light of the foregoing benefits and considerations, wishes to improve its commitment to Complete Streets and desires that Its streets form a comprehensive and integrated transpo1iation network promoting safe, equitable, and convenient travel for all users while preserving flexibility, recognizing community context, and L1sing the latest and best design guidelines and standardsNOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1 That the City of Santa Clara adopts the Complete Streets Policy, attached hereto as Exhibit A, and made part of this Resolution, and tl1at said exhibit is hereby approved and adopted; and
Resolution/Complete Streets Policy
Rev: 11/22/17

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2. That the next substantial revision of the City of Santa Clara General Plan circulation policies shall incorporate Complete Streets policies and principles consistent with the California Complete Streets Act of 2008 (AB 1358) and with the Complete Streets Policy adopted by this resolution.

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

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

ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 21 st DAY OF AUGUST, 2018, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Attachments incorporated by reference:

1. Exhibit A
Resolution/Complete Streets Policy
Rev: 11/22/17
Davis, Kolstad, Mahan, O'Neill, and Watanabe and
Mayor Gillmor
None
None
None
ATTEST: ~ .
f fefENNiFERvAMAGUMA

ACTING CITY CLERK

CITY OF SANTA CLARA

Page 3 ends

EXHIBIT A

COMPLETE STREETS POLICY OF THE CITY OF SANTA CLARA
A. Complete Streets Principles
·t Complete Streets Serving All Users. The City of Santa Clara ("City''), through its Circulatton policies within the 2010-2035 General Plan and reaffirmed by this resolUtion is committed to creating, preserving, and maintaining Complete Streets that provide safe, comfortable, and convenient travel along and across streets (including streets, roads, highways, bridges, and other portions of the transportation system) through a comprehensive, integrated transportation network that serves all categories of users, including pedestrians, bicyclists, persons with disabilities, motorists, movers of commercial goods, users and operators of public transportation, seniors, children1 youth, and families.

2. Context Se11sitivity. In planning and implementing street projects, departments of the City of Santa Clara shall maintain sensitivity to local conditions in both residential and business districts as well as urban, suburban, and rural areas, and shall work with residents, businesses, and other stakeholders to ensure that a strong sense of place ensues. Improvements that may be considered include sidewalks, shared use paths, bicyele lanes, bicycle routes, paved shoulders, street trees and landscaping, planting strips, accessible curb ramps, crosswalks, refuge islands, pedestrian signals, signs, street furniture, bicycle parking facilities, public transportation stops and facilities, transit priority signalization; and other features assisting in the provision of safe travel for all users as identified in an adopted local plan such as a bicycle, pedestrian, transit, multimodal, or other relevant plan.

Complete Streets Routinely Addressed by All Departments. All relevant departments of the City of Santa Clara shall work towards making Complete Streets practices a routine part of everyday operations, approach every relevant project, program, and practice as an opportunity to improve streets and the transportation network for all categories of users, and work in coordination with other agencies, and jurisdictions to maximize opportunities for Complete Streets, connectivity, and cooperation,

4. All Projects and Phases. Complete Streets infrastructure sufficient to enable reasonably safe travel along and across the right of way for each category of users shall be assessed and may be incorporated into all planning, funding, design, approval, and impleme11tation processes for applicable construction, reconstruction, retrofit, maintenance, operations, alteration, or repair of streets, roads, highways, bridges, and other portions of the transportation system, except that specific infrastructure for a given category of users may be excluded if an exemption is approved via the process set forth in section C.1 of this policy.

B. Implementation
1 Plan Consultation and Consistency. Maintenance, planning, and design of projects affecting the transportation system shall be consistent with local bicycle, pedestrian, transit, multimodal, and other relevant plans, except that where such consistency cannot be achieved without negative consequences, consistency shall not be required if the head of the relevant department provides written approval explaining the basis of such deviation.

2. Street Network/Connectivity. Consistent with the City's General Plan and other adopted plans, the City of Santa Clara shall incorporate Complete Streets infrastructure into existing streets to improve the safety and convenience of users, with the particular goal of creating a connected network of facilities accommodating each category of users, and increasing connectivity across jurisdictional boundaries and for existing and anticipated future areas of travel origination or destination.

3. Bicycle Pedestrian Advisory Commission Consultation. Relevant transportation projects shall be coordinated with t119 Santa Clara Bicycle and Pedestrian Advisory Committee to provide comments and recommendations regarding Complete Streets features to be incorporated into the project.
4 Evaluation. All relevant departments shall perform evaluations of how well the streets and transportation network of Santa Clara are serving each category of users by collecting baseline data and collecting follow-up data on a regular basis.

C. Exemptions
1 Leadership Approval for Exemptions. Projects that seek Complete Streets exemptions must provide a written finding of why accommodations for all modes were not to be included in the project. The memorandum should be signed off by the Public Works Director, City Engineer or equivalent high level staff person. Projects that are granted exceptions must be made publically available for review, A-2
Plan & Policy Review
Bicycle Plan Update 2018 City of Santa Clara D-2
237
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280
880
Central
Park
Guadalupe
River Park
Twin Creeks
Sport
Complex Sunnyvale
Baylands Park
Guadalupe River
Calabazas Creek
Saratoga Creek
Coyote Creek
Levi’s
Stadium
Patrick
Henry
School
Kaiser
Permanente
Santa Clara
Medical
Center
Curtis
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Santa Clara
High School
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College
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SCOTT BLVD

MONROE ST

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Source: City of Santa Clara, Caltrans, US Census, ESRI, VTA. Map produced March 2018 City Hall
Train Station
Light Rail Station
USPS Office
Sport Stadium
Santa Clara Bicycle
Plan Update 2018
Future Design Considerations
School
Hospital
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El Camino Real
--Project Map--
Bowers Avenue
Class IV Bikeway Study
Walsh Ave
Project Location
Bowers Ave

FUNDING AGREEMENT

BETWEEN

CITY OF SANTA CLARA
AND

SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR

BOWERS AVENUE CLASS IV BIKEWAY STUDY
THIS agreement ("Agreement") is between the City of Santa Clara ("City") and Santa Clara Valley Transportation Authority ("VTA") and is entered into as of the last date of signature below ("Effective Date"). City and VTA may be individually referred to as a "Party" or collectively referred to as the "Parties." I. RECITALS
A. Whereas, on June 24, 2016, the VTA Board of Directors adopted a resolution to place a ballot measure before Santa Clara County voters in November 2016 to authorize a one-half of one percent retail transaction and use tax for 30 years for nine transportation-related program categories ("2016 Measure B");
B. Whereas, on November 8, 2016, Santa Clara County voters enacted 2016 Measure B; C. Whereas, on October 5, 2017, the VTA Board of Directors (i) established the 2016 Measure B Program ("Program"), which includes a Bicycle and Pedestrian program category to fund bicycle and pedestrian projects and educational programs ("Bike/Ped Category") and (ii) adopted the 2016 Measure B Bicycle & Pedestrian Program Guidelines ("Bike/Ped Guidelines"), attached as Exhibit A; and D. Whereas, VTA and City desire to specify the terms and conditions under which VTA will administer Bike/Ped Category funds to City per the Bike/Ped Guidelines.

NOW, THEREFORE, for good and valuable consideration, the Parties agree as follows:

II. AGREEMENT
A. Project Description.

The Project ("Project") is a planning and feasibility study of a potential Class IV bicycle lane on Bowers Avenue between Walsh Avenue and El Camino Real. The purpose of the Project is to complete community outreach to obtain objectives and goals, complete traffic, parking, and safety analyses of various alternatives, and develop 10% conceptual designs and cost estimates. The scope of work includes existing conditions analysis, public outreach, community engagement and technical analysis of a potential bicycle facility. The final deliverables are a study project report, a preferred alternative approved by City Council and the community, and 10% conceptual engineering design and cost estimate for the Project.

Rev. 12/13/2023 Page 1 of 19
B. Term of Agreement.

The term of this Agreement will commence on the Effective Date and continue through the earlier of:
(i) December 31, 2026, (ii) completion of the Project, (iii) cancellation of the Project, or (iv) termination of this Agreement pursuant to these terms and conditions.

C. Cost of Project.

Total Project Cost. The total cumulative dollar amount actually incurred and expended toward the Project by all Parties involved, as measured at the completion or termination of the Project ("Total Project Cost") is expected to be $300,000 ("Budgeted Project Cost").

D. Financial Contribution to Cost of Project.

1. VTA's Financial Contribution to the Project. VTA will contribute Bike/Ped Category funds in an amount not to exceed $154,000 (51% of Budgeted Project Cost) for City to use for completion of the Project. All funds will be available on a reimbursement basis for Eligible Costs (as defined in Paragraph F.1 below), pursuant to this Agreement.

2. City's Financial Contribution to the Project. City is solely responsible for (i) all funds it has expended toward the Project prior to the Effective Date; and (ii) all funds required to complete the Project above VTA's Financial Contribution to the Project. In all circumstances, City must contribute a minimum of 49% of the Total Project Cost.

3. Project Savings. If the Project is delivered under the Budgeted Project Cost, VTA's Financial Contribution to the Project will be reduced to an amount that is 51% of the Total Project Cost.

E. Reimbursement.

1. VTA will reimburse City in the amount of: (i) Eligible Costs, as defined in Paragraph F.l., submitted to VTA; or (ii) VTA's Financial Contribution to the Project, whichever is less. VTA will reimburse City based on receipt of invoices showing Eligible Costs incurred and paid for by City. VTA will not reimburse City for any costs that are not Eligible Costs.

2. If this Agreement is terminated, as set forth in Paragraph Q, VTA will not be responsible for reimbursing any costs or expenses City incurs after the effective date of termination.

F. Eligible Use of Funds.

1. Eligible Costs. VTA will only reimburse City for actual costs directly related to performance of the Project. For purposes of this Agreement, "Eligible Costs" are as described below. No other expenses will be subject to reimbursement as Eligible Costs without the prior written approval of VTA.

Rev. 12/13/2023 Page 2 of 19
a. Direct Labor Costs.
b. Travel Expenses. Travel expenses (as described below}, which must be authorized by VTA in writing prior to City, consultants, and/or contractors incurring them. VTA may deny reimbursement of any travel expense incurred by City, consultants, and/or contractors prior to VTA's written approval. If VTA approves travel, VTA will reimburse the following types of travel expenses related to performance of the Project at the following per-diem or lump sum rates:
i. Car Rental: $SO/day (including all gas and all associated fees}; ii. Flight: The rates set forth as GSA City Pairs Gov't "YCA" Fare (https://cpsearch.fas.gsa.gov / cpsearch/search.do };
iii. Food/Beverage and Hotel: The rates set forth as GSA per diem rates (https://www.gsa.gov/travel/plan-book/per-diem-rates}; and iv. Mileage: The rates set forth as GSA mileage allowance (see https://www.gsa.gov/travel/plan-book/transportation-airfare-povetc/privatelyowned-vehicle-pov-mileage-reimbursement-rates}. c. Other Direct Costs. VTA will reimburse parking, tolls, deliveries, printing, plan reproduction, blueprint services, any fees required for background checks from iproveit.com, and any other expenses directly associated with the Project at actual cost without markup. City must provide appropriate supporting documentation, including detailed receipts. If any of the other direct costs described in this paragraph will exceed $500.00, City must receive VTA's written approval prior to incurring such expense. VTA may deny reimbursement of any such other direct cost expense incurred by City, prior to VT A's written approval.

2. Ineligible Costs. Specific "Ineligible Costs" include, but are not limited to, the following:
a. Expenses for organizational functions, businesses services, and information technology including, but not limited to telephone charges, computer costs, CAD machine charges, inhouse copying charges, and facsimile charges will not be reimbursed as other direct costs; b. Rent and utilities;
c. Food or beverages (e.g. as part of meetings, workshops, training, or events}; and d. Alcohol, travel upgrades, fines, memberships, loss of personal property or cash, "no shows," or personal itinerary changes.

Rev. 12/13/2023 Page 3 of 19

3. Should the eligibility of a cost be questioned, VTA will determine, in writing, the eligibility of a cost before the cost is incurred. In its performance under this Agreement, all Parties will strictly comply with all VTA 2016 Measure B Program requirements set forth in the Bike/Ped Guidelines.

G. Invoicing to VTA.

1. City must submit invoices to [email protected] for reimbursement of work completed on the Project. Each invoice must include all records, including staff hours, contractors' invoices, miscellaneous invoices, force account charges, and any other documentation requested by VTA as substantiation for invoices submitted for reimbursement. Invoices may not be submitted more frequently than monthly and must be submitted within one year of City incurring the cost(s).

2. All invoices must detail:
a. Eligible Costs actually incurred and paid by City;
b. Total reimbursement amount (in dollars) requested;
c. Total amount reimbursed by VTA to date; and
d. Project tasks or milestones completed for which City incurred Eligible Costs during the relevant billing cycle.

3. VTA will remit the amount due to City within 30 calendar days of receipt of a complete, fully documented invoice.

H. Return of Funds.

If VTA learns that previously reimbursed costs were not Eligible Costs, City must return such funds no later than 15 business days from receipt of notice from VTA.

I. City's Responsibilities.

1. Implementing Agency Tasks. City will be the sponsor and implementing agency for the Project. In its role as sponsor and implementing agency under this Agreement, City must perform the following tasks:
a. Procuring professional services for the Project including, but not limited to, the following activities: advertising the work via a public solicitation, opening bids in response to the public solicitation, awarding a contract, approving contract documents, and administering the awarded contract in accordance with all applicable laws, regulations, and codes including, but not limited to, the California Public Contract Code and the California Labor Code; b. Obtaining all necessary permits for performance of the Project, as applicable; Rev. 12/13/2023 Page 4 of 19
c. Performing community engagement activities for the Project, as applicable; d. Make staff available to present on the Project at VTA committees as needed; and e. Conducting standard close-out activities for the Project including, but not limited to, performing final accounting review and reviewing all contractual requirements.

2. Other Project Management Duties. City must also perform the following duties:
a. Complete and submit to VTA the most current version of VTA's 2016 Measure B Complete Streets Checklist ("Complete Streets Checklist") for Project within five business days of the Effective Date;
b. Complete and submit to VTA a project management plan ("PMP"} for Project within 30 business days of the Effective Date; the PMP must be in writing and must include information regarding staffing plan, cost, schedule, contracting plan, and risk assessment; c. Actively monitor actual Project expenditures to ensure that the 2016 Measure B funds are used to reimburse Eligible Costs only;
d. Provide VTA with written quarterly progress updates on the Project including, but not limited to, updates on Project expenditures, any changes in scope and schedule, community engagement outcome, and Project status in a format previously provided to City; e. Provide VTA copies of Project deliverables including, but not limited to, reports, designs, drawings, plans, specifications, schedules, and other materials; and f. Submit the Project's final report to VTA, which must be in writing and must include information regarding final Project costs and study results, along with any other information VTA may require ("Final Report").

J. VTA's Responsibilities.

1. VTA will perform and/or be responsible for the following tasks to perform oversight for Project:
a. Provide Comple Streets Checklist form to City and review competed checklist for Project to ensure Complete Streets compliance; and
b. Provide PMP form to City and review completed PMP for Project to provide oversight of the delivery of Project and to ensure Project complies with the Bike/Ped Guidelines.

2. Pay the amount due to City within 30 calendar days of receipt of a complete, fully-documented invoice for Eligible Costs.

Rev. 12/13/2023 Page 5 of 19
K. Indemnification.

Neither VTA nor any its officers or employees will be responsible for any damage or liability arising out of or relating to City's acts or omissions under or in connection with any work, authority, or jurisdiction associated with this Agreement. Pursuant to California Government Code §895.4, City must fully defend, indemnify, and save harmless VTA from all suits or actions of every name, kind, and description arising from an injury (as defined by California Government Code §810.8) relating to City's acts or omissions under or in connection with any work, authority, or jurisdiction delegated to City under this Agreement. This provision will survive the termination or expiration of this Agreement.

L. Insurance.

At all times during this Agreement, City must comply with the insurance requirements and specifications of the attached Exhibit 8, Insurance Requirements. City may, in its discretion, elect to self-insure, but any such self-insurance must meet the requirements and specifications in Exhibit B.

M. Additional Insured and Indemnity Provision.

In any agreement executed between the City and a third party for purposes related in any way to the subject matter of this Agreement ("Third Party Contract"), City must require that VTA be named as (i) an additional insured on a primary and non-contributory basis with separation of insureds and waiver of subrogation on all policies of insurance, except when not applicable and (ii) an indemnified party in any indemnity provision contained in the Third Party Contract. Third Party Contracts must contain insurance requirements with coverages at least as broad as, and limits at least as great as, the requirements of Exhibit B.

N. Public Works.

If City awards a contract to a third party for the performance of a public work, as defined in California Labor Code Sections 1720 through 1720.6 ("Public Works Contract"), in connection with this Agreement, City must comply, and must require such third party to comply, with the requirements of California Labor Code Sections 1720 et seq. If the Public Works Contract is funded in whole or in part with federal funds, City must also comply, and must require such third party to also comply, with the requirements of the Davis Bacon Act (40 U.S.C. Sections 3141-3144 and 3146-3148).

0. Compliance with Applicable Law.

In the execution of the Project and performance of its responsibilities under this Agreement, City must comply with all applicable requirements of local, state, and federal laws.

Rev. 12/13/2023 Page 6 of 19
P. Compliance with 2016 Measure B Requirements.

In its performance under this Agreement, City must comply with, and must ensure Project compliance with, all 2016 Measure B requirements set forth in the Bike/Ped Guidelines.

Q. Termination

1. Either Party may at any time terminate this Agreement by giving 10 business days written notice of such termination to the other Party. Notice must identify the effective date of such cancellation and must be provided in accordance with the terms and conditions of this Agreement.

2. In the event of termination under this section, City must submit its final invoice to VTA within 30 calendar days of the effective date of termination, and such invoice will be solely for Eligible Costs City incurred prior to termination.

R. Audit and Records.

1. City must maintain, and must require their contractors to maintain, in accordance with generally accepted accounting principles and practices, complete books, accounts, records, and data pertaining to services performed under this Agreement, including the costs of contract administration. Such documentation must be supported by properly executed payrolls, invoices, contracts, and vouchers evidencing in detail the nature and propriety of any charges and must be sufficient to allow a proper audit of services. All checks, payrolls, invoices, contracts, and other accounting documents pertaining in whole or in part to the services must be clearly identified and readily accessible.

2. For the duration of the Agreement, and for a period of five years after final payment, each Party and its representatives must have access during normal business hours to any books, accounts, records, data, and other relevant documents ("Records") of the other Party that are pertinent to this Agreement for audits, examinations, excerpts, and transactions. The other Party must furnish copies of the Records upon request.

S. Notices / Authorized Representatives.

1. Notices must be in writing and addressed to the other Party's Authorized Representative ("Recipient") and will be deemed delivered or received on the date personally delivered to the Recipient or when deposited by registered or certified mail with postage and charges prepaid.

2. The Parties Authorized Representatives are as follows:

VTA:

Marcella Rensi
Rev. 12/13/2023 Page 7 of 19
Deputy Director, Grants & Allocations
Santa Clara Valley Transportation Authority
3331 N First Street
San Jose, CA 95134
Email: [email protected]
CITY:

Michal Liw
Assistant Public Works Director
City of Santa Clara, Public Works Department
1500 Warburton Avenue,
Santa Clara, CA 95050
Email: [email protected]

3. Written notification to the other Party must be provided, in advance, for changes in the name or address of an Authorized Representative stated above.

T. General Terms and Conditions.

1. Headings. The subject headings of the articles and paragraphs in this Agreement are included for convenience only and will not affect the construction or interpretation of any of its provisions.

2. Incorporation of Exhibits and Attachments. All exhibits and attachments referenced in this Contract are incorporated into it by this reference.

3. Construction and Interpretation of Agreement. This Agreement, and each of its provisions, terms, and conditions, has been reached as a result of negotiations between the Parties.

Accordingly, each Party expressly acknowledges and agrees that (i) this Agreement will not be deemed to have been authored, prepared, or drafted by any particular Party and (ii) the rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or in the resolution of disputes.

4. Amendment. Except as expressly provided in this Agreement, its provisions cannot be altered, modified, or amended except through the execution of a written amendment executed by the Parties.

5. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to the subject matter and supersedes all prior negotiations, contracts, agreements, or understandings, whether oral or written, of the Parties regarding the subject matter.

6. No Waiver. The failure of either Party to insist upon the strict performance of any of the terms, covenants, or conditions of this Agreement will not be deemed a waiver of (i) any right or remedy Rev. 12/13/2023 Page 8 of 19
that either Party may have or (ii) either Party's right to require strict performance of all of the terms, covenants, and conditions of this Agreement.

7. Dispute Resolution.
a. If a question or allegation arises regarding (i) interpretation of this Agreement or its performance, or (ii) the alleged failure of a Party to perform, the Party raising the question or making the allegation must give written notice thereof to the other Party. The Parties must promptly meet in an effort to resolve the issues raised. If the Parties fail to resolve the issues raised, alternative forms of dispute resolution, including mediation, may be pursued by mutual agreement. It is the intent of the Parties to the greatest extent possible to avoid litigation as a method of dispute resolution.
b. Notwithstanding the foregoing, nothing in this Paragraph Twill be deemed to prevent a Party from filing suit or an administrative action to preserve its right to assert a claim within any applicable statute of limitations. To the extent practicable, the Parties will negotiate in good faith to create a tolling agreement to toll such statute(s) of limitations to allow for the Parties to engage in dispute resolution provisions of this Agreement prior to filing of such actions.

8. Severability. If any provisions of this Agreement (or portions or applications of it) are held to be unenforceable or invalid by any court of competent jurisdiction, (a) the Parties will negotiate in good faith to make an equitable adjustment to the Agreement provisions with a view toward effecting the Agreement's purpose, and (b) the remaining provisions (or portions or applications of them) will remain valid and enforceable.

9. Governing Law. The laws of the State of California will govern this Agreement and any claim that might arise between City and VTA without regard to conflict of law provisions.

10. Venue. Any lawsuit or legal action arising from this Agreement must be commenced and prosecuted in the courts of Santa Clara County, California. City agrees to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims.

11. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, studies, memoranda, and other documents assembled or prepared, in the process of being assembled or prepared, or furnished to either Party under this Agreement are the joint property of all Parties.

Each Party is entitled to copies and access to these materials during the progress of the Project and upon completion of the Project or termination of this Agreement. All Parties may retain a copy of all material produced under this Agreement for use in their general activities.

12. Attribution to VTA. City must include attribution to VTA that indicates part of the work was funded by 2016 Measure B Funds. This provision applies to any project or publication that was funded in whole or in part by 2016 Measure B funds. Acceptable forms of attribution include Rev. 12/13/2023 Page 9 of 19
2016 Measure B's branding on Project-related documents, construction signs, public information materials, and any other applicable documents. VTA will provide 2016 Measure B branding to City for this purpose.

13. Non-discrimination. The Parties and any contractors performing services on behalf of the Parties ("Contractors") will not unlawfully discriminate or permit discrimination, harass, or allow harassment against any person or group of persons because of race, color, religious creed, national origin, ancestry, age (over 40), sex, gender, gender identity, gender expression, sexual orientation, marital status, pregnancy, childbirth or related conditions, medical condition (including cancer), mental disability, physical disability (including HIV and AIDS), genetic information, or military and veteran's status, or in any manner prohibited by federal, state, or local laws. In addition, the Parties and Contractors must not unlawfully deny any of their employees family care leave or discriminate against such employees on the basis of having to use family care leave. The Parties and Contractors must ensure that the evaluation and treatment of their employees and applicants for employment is free of such discrimination and harassment.

14. Relationship of the Parties. It is understood that this is an Agreement by and between independent parties and does not create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship other than that of independent contractor.

15. Counterparts; Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which will be deemed an original but all of which will constitute one and the same instrument. Unless otherwise prohibited by law, VTA policy, or City ordinance or policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature.

The term "electronic copy of a signed contracf' refers to a writing as set forth in Evidence Code Section 1550. The term "electronically signed contract" means a contract that is executed by applying an electronic signature using technology approved by each of the Parties.

16. Authority to Execute Agreement. Each Party to this Agreement represents and warrants that each person whose signature appears below is authorized and has the full authority to execute this Agreement on behalf of the entity that is a Party to this Agreement.

Signatures on following page
Rev. 12/13/2023 Page 10 of 19
The Parties have caused their undersigned, duly authorized signatories to execute this Agreement on the dates set forth below.

Santa Clara Valley Transportation Authority
Carolyn M. Gonot
General Manager/CEO
Date
Approved as to Form:

Tamara Costa
Senior Assistant Counsel
Date
City of Santa Clara
Jovan D. Grogan
City Manager
Date
Approved as to Form:

Glen R. Googins
City Attorney
Date
Rev. 12/13/2023 Page 11 of 19

EXHIBIT A
2016 Measure B Bicycle & Pedestrian Program Guidelines
[Revised and approved by VTA Board of Directors: August 4, 2022] To fund bicycle and pedestrian projects of countywide significance identified by the cities, County and VTA. The program will give priority to those projects that connect to schools, transit and employment centers; fill gaps in the existing bike and pedestrian network; safely cross barriers to mobility; and make walking or biking a safer and more convenient means of transportation for all county residents and visitors. Bicycle and pedestrian educational programs such as Safe Routes to Schools, will be eligible for funding.

Total Funding

3.97% of Program Tax Revenues
Program Type
Formula-based program
Distribution of Funds
• Funds will be allocated on a two-year cycle, in conjunction with the VTA Biennial Budget process.
• Funds are allocated on an annual basis, based on the application of the ballot-established ratio to the estimated Program Tax Revenue. The allocations are calculated in two steps:

1. Multiplying the ballot-established ratio by the projected Program Tax Revenues for that fiscal year.

2. Reconciling prior allocations, which were based on estimated Program Tax Revenues, with actual Program Tax Revenues (referred to as a "true-up process"). This true-up process will occur in the first fiscal year of each biennial budget cycle. • The program will consist of three sub-categories: Education & Encouragement Programs, Planning Studies, and Capital Projects.
• A minimum of 80% of available program category funds will be allocated to Capital Projects.
• A maximum of 15% of available program category funds will be set aside for Education & Encouragement. The funds will be allocated as follows:

1. 25% for countywide (including targeting unincorporated areas) education & encouragement programs

2. Remaining funds allocated by city population formula with a $10,000 annual minimum allocation per city
• A maximum of 5% of available program category funds will be allocated to Planning Studies.
• If the Planning Studies or Capital Projects competitive grant cycle is not fully awarded, the balance of funds from that cycle will roll into its next call for projects cycle.

Rev. 12/13/2023 Page 12 of 19
Implementation
• Only projects currently listed on Attachment A of 2016 Measure B are eligible. • Education & Encouragement (Formula Distribution)
• VTA and individual agencies will enter into a Master Agreement for Education & Encouragement funds.
• The 2016 Measure B Program Office will notify agency of allocation for twoyear cycle. • Funds will be distributed on a reimbursable basis.
• Agency will submit annual education & encouragement work program and annual progress report.
• Education & Encouragement funds may be banked for a maximum of three years with explanation of banking purposes upon approval by the 2016 Measure B Program Office.
• The 2016 Measure B Program Office will conduct an assessment regarding the effectiveness of the program.
• Capital Projects & Planning Studies (Competitive Grants) • Only a public agency can serve as a project sponsor. Other entities must partner with a public agency to apply for a grant.
• The grant program contains two categories:
o Capital projects
■ Activities leading to/including:
• Environmental Clearance
• Design
• Right of Way
• Construction
■ Construction grant requests must include cost estimates supported by 30% to 35% design.
o Planning studies
■ Includes planning studies to support capital project development for those projects currently listed on Attachment A of 2016 Measure B. It does not include general/master planning efforts.
• The minimum grant award is $50,000.
• The maximum grant award per sponsoring agency can be no more than 50% of the total available funds per call for projects per cycle, unless the cycle is u ndersubscribed.

The 2016 Measure B Program Office developed project criteria in conjunction with the VTA Technical Advisory Committee (TAC) Capital Improvement Program Working Group and incorporated input from the TAC and Bicycle & Pedestrian Advisory Committee (BPAC).

Rev. 12/13/2023 Page 13 of 19
• Scoring committees for the grant programs will be comprised of three BPAC members, three Member Agency staff, and one VTA staff person. If enough BPAC or Member Agency staff are not available as described above, Board-adopted scoring committee policy will be followed.

Criteria
• Capital Projects and Planning Studies will be scored on criteria that supports the language in 2016 Measure B, including but not limited to:
o Countywide significance
o Connection to/serves schools, transit, or employment centers o Fills gaps in bicycle/pedestrian network
o Provides safer crossings of barriers
o Makes walking or biking safer
o Makes walking or biking more convenient
o Other criteria to consider:
■ Safety benefits
■ Increase in bicycle and pedestrian usage
■ Community support
■ Project readiness
■ Projects serve Equity Priority Communities or vulnerable populations with specific needs
■ Non-2016 Measure B contribution
Requirements
• Competitive grant projects require a minimum 10% non-2016 Measure B contribution. • Reporting requirements will be detailed in agreements executed with VTA for project funding.
• VTA Complete Streets reporting requirements are required for Planning Studies and Capital Projects.
• All projects must comply with 2016 Measure B program oversight requirements. • All collateral material must comply with 2016 Measure B branding requirements.

Rev. 12/13/2023 Page 14 of 19

EXHIBIT B

INSURANCE REQUIREMENTS
CITY'S ATTENTION IS DIRECTED TO THE INSURANCE REQUIREMENTS BELOW. IT IS HIGHLY

RECOMMENDED THAT CITY CONFER WITH THEIR INSURANCE CARRIERS OR BROKERS TO DETERMINE THE AVAILABILITY OF INSURANCE CERTIFICATES AND ENDORSEMENTS REQUIRED BY THIS AGREEMENT.

INSURANCE
Without limiting City indemnification and defense of claims obligations to VTA, City must procure and maintain for the duration of the Agreement insurance against claims. for injuries to persons or damages to property which may arise under or in connection with any work, authority, or jurisdiction associated with the Agreement. The cost of such insurance must be borne by City. City must furnish complete copies of all insurance policies within three (3) business days of any request for such by VT A.

A. MINIMUM SCOPE OF INSURANCE
Coverage must be at least as broad as:

1. Insurance Services Office General Liability coverage ("occurrence" form CG 0001). General Liability insurance written on a "claims made" basis is not acceptable.

2. Business Auto Coverage, Insurance Services Office form number CA 0001, covering Automobile Liability, code 1 "any auto." Auto Liability written on a "claims-made" basis is not acceptable.

3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employer's Liability insurance.

4. Professional Liability, including limited contractual liability coverage, covering liability arising out of any negligent act, error, mistake or omission in the performance of Contractor's services under this Contract. This coverage must be continuously maintained for a minimum of two (2) years following completion of this Contract. This coverage may be written on a "claims made" basis, if so, please see special provisions in Section B.

5. Contractor's Pollution Liability: covering liability arising out of the treatment, handling, storage, transportation, or accidental release of any hazardous material.

B. MINIMUM LIMITS OF INSURANCE

1. City must maintain limits no less than:
a. General Liability: $5,000,000 limit per occurrence for bodily injury, personal injury, and property damage. If General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit.

Rev. 12/13/2023 Page 15 of 19
b. Automobile Liability (including umbrella/excess liability): $5,000,000 limit per accident for bodily injury and property damage. This requirement may be satisfied by a combination of General Liability with Excess or Umbrella. Umbrella/Excess policies must feature inception and expiration dates concurrent with the underlying Automobile Liability policy, "Follow Form" coverage, and a "Drop Down" provision. c. Workers' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident.
d. Professional Liability: $2,000,000 each occurrence/aggregate minimum limit per claim. e. Contractor's Pollution Liability: $3,000,000 per occurrence. This requirement may be satisfied by a combination of Pollution Liability with Excess or Umbrella.

Umbrella/Excess policies must feature inception and expiration dates concurrent with the underlying Pollution Liability policy, "Follow Form" coverage, and a "Drop Down" provision.

2. Notwithstanding any language in this Lease to the contrary, if City carry insurance limits exceeding the minima stated in Section B(a)(1)-(3) immediately above, such greater limits will apply to this Agreement.

C. SELF-INSURED RETENTION
The certificate of insurance must disclose the actual amount of any deductible or self-insured retention, or lack thereof, for all coverages required herein. Any self-insured retention or deductible in excess of $250,000 must be declared to and approved by VTA. If City are a governmental authority such as a state, municipality or special district, self-insurance is permitted. To apply for approval for a level of retention or deductible in excess of $250,000, City must provide a current financial report including balance sheets and income statements for the past three years, so that VTA can assess City's ability to pay claims falling within the self-insured retention or deductible. Upon review of the financial report, if deemed necessary by VTA in its sole discretion, VTA may elect one of the following options: to accept the existing self-insured retention or deductible; require the insurer to reduce or eliminate the self-insured retention or deductible as respects VTA, its directors, officers, officials, employees and volunteers; or to require City to procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Applicable costs resulting therefrom will be borne solely by City. City may request execution of a nondisclosure agreement prior to submission of financial reports.

D. CLAIMS MADE PROVISIONS (NOT APPLICABLE TO GENERAL LIABILITY OR AUTO LIABILITY) Claims-made coverage is never acceptable for General Liability or Auto Liability. Claims-made may be considered for Professional, Environmental/Pollution, or Cyber Liability. If coverage is Rev. 12/13/2023 Page 16 of 19
written on a claims-made basis, the Certificate of Insurance must clearly state so. In addition to all other coverage requirements, such policy must comply with the following:
1 . The pol icy retroactive date must be no later than the date of th is Agreement.

2. If any policy is not renewed or the retroactive date of such policy is to be changed, City must obtain or cause to be obtained the broadest extended reporting period coverage available in the commercial insurance market. This extended reporting provision must cover at least two (2) years.

3. No prior acts exclusion may be added to the policy during the Agreement period.

4. The policy must allow for reporting of circumstances or incidents that might give rise to future claims.

E. OTHER INSURANCE PROVISIONS
The policies must contain, or be endorsed to contain, the following provisions:

1. General Liability and Automobile Liability
a. VTA, its directors, officers, officials, employees, and volunteers must be named as additional insureds as respects: liability arising out of City's performance under this Agreement. The coverage must contain no special limitations on the scope of protection afforded to VTA, its directors, officers, officials, employees, or volunteers. Additional Insured endorsements must provide coverage at least as broad as afforded by the combination of ISO CG 20 10 10 01 and CG 20 37 10 01.
b. Any failure to comply with reporting provisions of the policies may not affect coverage provided to VT A, its directors, officers, officials, employees, or volunteers. c. Coverage must state that Lessee's insurance applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
d. The General Liability General Aggregate limit must apply per project, not per policy. e. The General Liability policy must be endorsed to remove the exclusion for railroad liabilities, with coverage at least as broad as afforded by ISO CG 24 17.

2. All Coverages
a. City must agree to waive all rights of subrogation against VTA, its directors, officers, officials, employees, and volunteers for losses arising under or in connection with any work, authority, or jurisdiction associated with the Agreement. b. City's insurance coverage must be primary insurance as respects VTA, its directors, officers, officials, employees, and volunteers. Self-insurance or insurance that may be maintained by VTA, its directors, officers, officials, employees, or volunteers may apply Rev. 12/13/2023 Page 17 of 19
only as excess to City's insurance. City's insurance must not seek contribution from VT A's insurance program.

3. Other Insurance Provisions
a. The Certificate must disclose the actual amount of the Deductible or Self-Insured Retention.
b. If any coverage forms or endorsements required by this Agreement are updated by their publishers, whether they be the insurance carrier(s), the Insurance Services office, or the American Association of Insurance Services, during the duration of this Agreement, VTA reserves the rights to require City to procure said coverage forms or endorsements using the updated versions upon the next renewal cycle.

F. ACCEPTABILITY OF INSURERS
Insurance must be placed with insurers with an A.M. Best's rating of no less than A VI I (financial strength rating of no less than A and financial size category of no less than VI I), unless specific prior written approval has been granted by VT A.

G. CERTIFICATES OF INSURANCE
City must furnish VTA with a Certificate of Insurance. The certificates for each insurance policy must be signed by an authorized representative of that insurer. The certificates must be issued on a standard ACORD Form. City must instruct their insurance broker/agent to submit all insurance certificates and required notices electronically in PDF format to [email protected]. All endorsements must be attached to the ACORD certificate in a single PDF document.

The certificates must (1) identify the insurers, the types of insurance, the insurance limits, the deductibles, and the policy term, (2) include copies of all the actual policy endorsements required herein, and {3) in the "Certificate Holder" box include:

Santa Clara Valley Transportation Authority {"VTA")
3331 North First Street
San Jose, CA 95134-1906
In the Description of Operations/Locations/Vehicles/Special Items Box, the VTA property leased must appear, the list of policies scheduled as underlying on the Umbrella/Excess policy must be listed, Certificate Holder must be named as additional insured, and Waiver of Subrogation must be indicated as endorsed to all policies as stated in the Agreement documents.

It is a condition precedent to granting of this Agreement that all insurance certificates and endorsements be received and approved by VTA before Agreement execution. No occupancy may be taken unti I insurance is in ful I compliance. VTA reserves the rights to require complete, certified copies of all required insurance policies, at any time.

Rev. 12/13/2023 Page 18 of 19
If City receive notice that any of the insurance policies required by this Attachment may be cancelled or coverage reduced for any reason whatsoever, City must immediately provide written notice to VTA that such insurance policy required by this Attachment is canceled or coverage is reduced.

H. MAINTENANCE OF INSURANCE
If City fail to maintain insurance as required herein, VT A, at its option, may suspend the Agreement until a new policy of insurance is in effect.

Ed. Rev. 10-1-19
Rev. 12/13/2023 Page 19 of 19

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-311 Agenda Date: 6/4/2024

REPORT TO COUNCIL

SUBJECT
Action on an Agreement with CSG Consultants, Inc. for Design Professional Services for Annual Street Pavement Maintenance and Rehabilitation Projects (2025-2027 Projects)

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The Department of Public Works (DPW) oversees the City’s Street Pavement Management Program, which includes annual street pavement maintenance and rehabilitation. Under this program, the pavement conditions of the City’s street network are inspected and streets are prioritized annually to receive preventative maintenance and rehabilitation treatments based upon the funding available.

Pavement maintenance and rehabilitation work is bid as part of DPW’s construction contracts on an annual basis. The City’s annual street pavement maintenance and rehabilitation work typically involves slurry seals, patching, and asphalt overlays, including other ancillary work such as ADA curb ramps and traffic striping.

In order to prepare the 2025, 2026, and 2027 annual street pavement maintenance and rehabilitation contracts for public bidding, the City will need to retain a design consultant to provide engineering design services.

DISCUSSION
A formal selection process was utilized to solicit proposals from consultants to provide the necessary design professional services. In March 2024, a competitive Request for Proposals (RFP) was published on the City’s e-procurement platform and was sent to over 40,000 members. The RFP was viewed by 30 members, including consultants, plan rooms, and builder exchanges, among others.

Staff also provided direct notifications to consultants who had viewed similar projects in the past.

The RFP required that proposers consider and provide proposals based upon streets published by the City for pavement maintenance and rehabilitation in 2025 as a baseline to evaluate proposals, and that the highest ranked proposer would be considered qualified to provide services for all project years 2025 through 2027, subject to the City’s discretion.

The City received proposals from two firms: CSG Consultants, Inc. and Wilsey Ham, Inc. A proposal review panel consisting of staff from the Design, Field Services, and Streets divisions of DPW evaluated each proposal against the criteria set forth in the RFP, including responsiveness to the RFP, qualifications of the firm, qualifications and availability of key staff, project approach, and project schedule. Based on the panel’s evaluation, staff recommends awarding the agreement to CSG Consultants, Inc. (CSG). CSG submitted the best proposal, demonstrated a strong project City of Santa Clara Page 1 of 3 Printed on 5/31/2024
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24-311 Agenda Date: 6/4/2024
understanding, and provided an approach that would maximize efficiency of the design services.

CSG also has a track record of successfully performing similar services for various public agencies including prior projects for the City of Santa Clara.

The proposed agreement (Attachment 1) includes a negotiated scope of services and fees based upon the understanding of the work to be performed for annual pavement maintenance and rehabilitation in 2025. The scope of services generally includes project management, preliminary engineering and evaluation, agency permitting, construction documents, bidding support, construction support, and project close-out. The agreement includes an initial term to provide engineering design services in support of the 2025 annual street pavement maintenance and rehabilitation project, with the right to exercise two additional extension options after the initial term to provide services for the 2026 and 2027 annual street pavement maintenance and rehabilitation projects. The streets anticipated to be maintained in 2025 are included as Attachment 2, and the streets to be maintained in subsequent years 2026 and 2027 will be determined in the future as part of the regular updates to the City’s Street Pavement Management Program each year based on estimated funding.

Staff recommends entering into the Agreement for Design Professional Services with CSG Consultants, Inc. for Annual Street Pavement Maintenance and Rehabilitation Projects (2025, 2026, and 2027 Projects). Approval of this agreement will provide design professional services necessary to develop the design and construction documents to implement annual street pavement maintenance and rehabilitation projects. The agreement includes prevailing wage requirements.

ENVIRONMENTAL REVIEW
This action is for design professional services and the action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act ("CEQA") Guidelines section 15378 as the action being considered does not commit the City to undertake the projects and future discretionary approvals are required by the City to approve the projects for construction.

Environmental review in accordance with CEQA will occur as part of the design and approval process for any project subject of the design professional services of this agreement.

FISCAL IMPACT
The initial term of the proposed agreement to address the 2025 annual street pavement maintenance and rehabilitation project is for a total not-to-exceed amount of $805,373. This amount includes $732,157 for basic services, and $73,216 for additional services.

The fees for design services required for future 2026 and 2027 annual street pavement maintenance and rehabilitation projects are subject to City approval as extension options and will depend on the final streets for implementation in those years. The agreement requires that the consultant provide a project-specific cost proposal for each extension option based upon the streets provided by the City for the City’s consideration prior to exercising the option. Staff recommends a budget allowance for the extension options under the design services agreement of up to approximately $3,095,000 for each year 2026 and 2027 to align with anticipated increased pavement budgets and street pavement maintenance forecasted for those future years. The recommendations of this report include authorizing the City Manager to execute extension options within a total not-to-exceed budget authority limit of $7,000,000, inclusive of the initial term and all extension options, as needed to provide the design services required to implement the annual street pavement maintenance and rehabilitation projects in 2025, 2026, and 2027.

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24-311 Agenda Date: 6/4/2024
Funds for the initial term of the agreement are available in the FY 2023/24 Capital Improvement Program budget in the Annual Street Maintenance and Rehabilitation Program project in the Streets and Highways Capital Fund. Funding for the extension options are subject to availability of future budget appropriations in the fiscal year in which each is authorized.

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

RECOMMENDATION

1. Approve and authorize the City Manager to execute an agreement with CSG Consultants, Inc. for Design Professional Services for the Annual Street Pavement Maintenance and Rehabilitation Projects (2025-2027 Projects) for an initial term ending December 31, 2027 in the amount not-toexceed $805,373 for services required for annual street pavement maintenance and rehabilitation projects to be constructed in 2025, in a final form approved by the City Attorney;

2. Approve and authorize the City Manager to execute up to two extension options to extend the term and increase the compensation amount of the agreement to provide services for future 2026 and 2027 annual street pavement maintenance and rehabilitation construction contracts, up to a maximum term limit ending December 31, 2029 and up to a total maximum not-to-exceed compensation limit in the amount of $7,000,000, inclusive of the initial term and all extension options, if exercised, subject to budget appropriations;

3. Approve and authorize the City Manager to amend the agreement to add, remove, or modify services and compensation amounts, including adjusting services and compensation amounts between the initial term and extension options or other actions as necessary to provide design services for 2025, 2026, and 2027 annual street pavement maintenance and rehabilitation projects, subject to the maximum term and compensation limits, budget appropriations, and approval as to form by the City Attorney; and

4. Authorize the City Manager to make minor modifications, including time extensions, to the agreement, if needed.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Agreement

2. 2025 Project Street List
City of Santa Clara Page 3 of 3 Printed on 5/31/2024
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EBIX Insurance No. S200005383

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
CSG CONSULTANTS, INC.

FOR

ANNUAL STREET PAVEMENT MAINTENANCE AND REHABILITATION PROJECTS (2025-2027 PROJECTS)

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and CSG Consultants, Inc. (CSG), 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." Throughout this Agreement "Contractor" and "Consultant" are used interchangeably and refer to Consultant.

RECITALS
A. City desires to secure the design professional services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services"; B. "Design professional" includes licensed architects, licensed landscape architects, registered professional engineers and licensed professional land surveyors; C. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
D. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

Exhibit A- Scope of Services
Design Professional Agreement with CSG Consultants, Inc.

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Exhibit B - Schedule of Fees
Exhibit C - Insurance Requirements
Exhibit D - Labor Compliance Addendum
Exhibit E -Exercise of Option to Extend Agreement Form (Sample) This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT

2.1 Initial Term
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the initial term of this Agreement shall begin on the date this Agreement is signed by both Parties and terminate on December 31, 2027 ("Initial Term"). Services may commence upon City issuing a written notice to proceed.

2.2 Options to Extend
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the City reserves the right, at its sole discretion, to extend the term of this Agreement for up to two (2) additional terms through December 31, 2029 ("Option Periods").

City shall provide Consultant with written notice of its intention to exercise its option to extend the term of this Agreement. Services under any Option Period shall not commence until City issues a written notice to proceed for the Option Period.

3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.

A. All reports, costs estimates, plans and other documentation which may be submitted or furnished by Contractor shall be approved and signed by an appropriate qualified licensed professional in the State of California.

B. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration Design Professional Agreement with CSG Consultants, Inc.

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classification, expiration date of certificate and signature of the design professional responsible for their preparation.

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

6. COMPENSATION AND PAYMENT
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation for the Initial Term of this Agreement is Eight Hundred Five Thousand Three Hundred Seventy Three dollars {$805,373), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.

7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty {30) days' prior written notice to Contractor.

Design Professional Agreement with CSG Consultants, Inc.

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to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.

13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.

14. HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, to the extent arising out of, pertaining to, or related to the negligence, recklessness, or willful misconduct of the Contractor, its employees, subcontractors, or agents in the performance, or non-performance, of Services under this Agreement.

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acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

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

City of Santa Clara
Attention: Department of Public Works, Engineering Division 1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected] and
[email protected]
And to Contractor addressed as follows:

CSG Consultants, Inc.
550 Pilgrim Drive
Foster City, CA 94404
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.

An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.

18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to "The Code of the City of Santa Clara, California" ("SCCC"). In particular, Contractor's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying {SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate {SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered . Additionally Contractor has read and agrees to comply with City's Ethical Standards {http://santaclaraca.gov/home/showdocument?id=58299).

19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and Design Professional Agreement with CSG Consultants, Inc.

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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.

23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.

24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.

Design Professional Agreement with CSG Consultants, Inc.

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25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.

CONTINUED ON PAGE 9
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The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated: ____ _________ _
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
CSG CONSULTANTS, INC.
a California corporation
Dated: __ _L-!.....:..~~:#---!-.-..-~~...L.._- --- --
By (Signature): ___ ...c=..___;:i_-J)l..._ ~ ~------- - Name: -=.r....:....:;;;-=-=--=~~---------- -- Title: President Principal Place of 550 Pilgrim Drive
Business Address: Foster City, CA 94404
Email Address: [email protected]
Telephone: (650) 522-2500
Fax: (650)522-2599
"CONTRACTOR"
Design Professional Agreement with CSG Consultants, Inc.

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EXHIBIT A

SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below.

I. GENERAL
Description of Projects and Objective
City desires to engage Consultant to provide engineering design services to prepare bid documents (plans, specifications, and engineer's estimate or PS&E) for public works bidding of pavement maintenance and rehabilitation contracts to support the City's Annual Pavement Maintenance and Rehabilitation Program.

The City's Objective is for Consultant to provide all design professional services necessary to design and implement annual street pavement maintenance and rehabilitation construction as contemplated in the City's Request for Proposals (RFP), the Consultant's response to the RFP (Proposal), and as described herein this Agreement.

This Agreement provides for services for three (3) annual street pavement maintenance and rehabilitation construction contracts as follows:

1. 2025 Annual Street Pavement Maintenance and Rehabilitation Project ("2025 Project"); Initial Term

2. 2026 Annual Street Pavement Maintenance and Rehabilitation Project ("2026 Project"); Option to Extend Agreement

3. 2027 Annual Street Pavement Maintenance and Rehabilitation Project ("2027 Project"); Option to Extend Agreement
Each of the above shall be considered as a separate and distinct project under this Agreement. The projects shall be prosecuted and administered as independent projects and in the following sequence: design for the 2025 Project, then subsequently, design for the 2026 Project, then subsequently, design for the 2027 Project.

The Initial Term of this Agreement is for services for the 2025 Project. Services for subsequent 2026 and 2027 projects are subject to Options to Extend Agreement at the City's sole discretion.

The above referenced projects may be referred to singularly or plurally as "Project" or "project" throughout this Agreement and shall be interpreted as having the same meaning and intent for each or any of the three (3) projects. The projects may be referred to by various titles, and titles are subject to change, all of which shall be considered as meaning the same projects identified above.

Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Page 1 Rev. 09-28-18
Baseline Solution
Representations made in the City's Request for Proposals, the Consultant's proposal dated April 1, 2024, and subsequent negotiations between City and Consultant resulting in this Scope of Services represent the Baseline Solution to meet the Project Objective.

Should there be deviations from the Baseline Solution that results in services or fees being materially or significantly different than represented for the Baseline Solution, the Scope of Services and Schedule of Fees shall be addressed by City and Consultant in writing prior to Consultant proceeding with any services deviating from the Baseline Solution.

In the case of discrepancy or ambiguity for the Baseline Solution, the following order of precedence shall prevail:

1. This Scope of Services (Exhibit A) and Schedule of Fees (Exhibit B) of this Agreement

2. Information generated between City and Consultant in preparing this Scope of Services and Schedule of Fees

3. The Consultant's Proposal

4. The City's Request for Proposals
A draft list and map of streets to be maintained and rehabilitated in the 2025 project with presumed pavement treatments was attached to the Request for Proposals and is incorporated into this Agreement by reference. This provides for the presumed locations, construction costs, and pavement treatments for the 2025 project and is based upon information derived from the streetsaver pavement management system.

Those documents and information contained therein are considered preliminary and draft.

The final disposition of specific streets and respective pavement treatments to be maintained and rehabilitated in the 2025 project will be further refined and determined through the course of services dependent upon services provided by Consultant. The City reserves the right to add, delete, modify, or change the streets to be designed under the project throughout the course of services based upon City's needs.

The draft list of streets with presumed pavement treatments constituting the Baseline Solution provided in this Scope of Services is a guideline to develop the Scope of Services and Schedule of Fees for the project. The Baseline Solution is further defined as inclusive of all design services for the construction work necessary to fully implement the pavement treatments, inclusive of all ancillary work such as asphalt dig outs, concrete curb ramps, traffic striping, signal loop replacements, utility cover adjustments, and other similar ancillary work customary to a pavement maintenance and rehabilitation project administered by City.

Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18

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This Scope of Services and Schedule of Fees represents all design professional services to be provided by Consultant as necessary to implement the Baseline Solution. It is mutually agreed by City and Consultant that this Scope of Services incorporates Consultant's professional qualifications and experience and will meet City's Objective.

Consultant Structure
Consultant shall provide the services described herein through the following structure comprised of Consultant and subconsultants as identified as follows:

Consultant: CSG Engineers, Inc.

Subconsultant(s) to CSG Engineers, Inc:
■ Quiet River Land Services, Inc.
■ Cornerstone Earth Group
■ To be determined
Surveying
Pavement Investigations
Utility Potholing (Optional Service)
Any changes to the consultant structure through the course of services is subject to approval in writing by City. All services described in this Scope of Services shall be self-provided by CSG Engineers, Inc. unless specifically described otherwise, or otherwise approved in writing by City. City shall have the right to approve any subconsultant(s) or subcontractor(s) described above as to be determined.

Project Schedule
Consultant prepared a project schedule for the 2025 project as part of its proposal, which was subsequently refined by discussions between City and Consultant. The project schedule dated April 18, 2024 is considered the agreed upon baseline project schedule for the purposes of this Agreement, and is incorporated into this Agreement by reference. The dates for milestone tasks as shown in the baseline project schedule shall not be exceeded without prior written approval by City.

Project schedules for subsequent 2026 and 2027 projects are subject to Options to Extend Agreement at the City's sole discretion. Under the City's discretion to extend the term of this Agreement for future year annual street pavement maintenance and rehabilitation projects beyond the 2025 project, City shall request from Consultant and Consultant shall provide to City a project-specific schedule for the requested services for the future project. If the Agreement is extended for the future project(s), the above terms shall apply.

II. RESPONSIBILITIES OF CITY
City will provide the following information regarding the project as-available:

Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18

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• Record drawings (as-available)
• Information from City's Streetsaver pavement management system • City's Standard Details, Specifications, Benchmark, and Design Criteria • Storm Drain (SD), Sanitary Sewer (SS), Electric, Water and Recycled Water Block Book Maps (as-available)
• Geographic Information System (GIS) data including land parcels, street centerlines, City sanitary sewers, City storm drains, City water lines, City electric utilities, and aerial photographic tiles (as-available) • Payment of permit application fees to agencies for construction permits, if required; City may assign Consultant as the City's agent in applying for and obtaining permits for construction.
• Any permits required for the professional services to be provided by Consultant during the design phase shall be secured and paid by Consultant. Fees for said permits, if required, may be pass-thru reimbursed by City to Consultant without markups through Consultant's invoicing.

Ill. BASIC SCOPE OF SERVICES
The Basic Scope of Services includes all professional services required to prepare bid documents (plans, specifications, and engineer's estimate or PS&E) for public works bidding of pavement maintenance and rehabilitation contracts to support the City's Pavement Street Maintenance and Rehabilitation Program.

The following tasks shall be completed for each project (e.g. 2025 Project, 2026 Project, and 2027) unless specifically described herein otherwise, or unless specifically described in Exhibit E - Exercise of Option to Extend Agreement Form at the time the Agreement is extended by City, if City extends the term of the Agreement under any Option Period. Services for the 2026 Project and 2027 shall not commence unless and until the Agreement term is extended by City per Exhibit E - Exercise of Option to Extend Agreement.

1. TASK 1: PROJECT MANAGEMENT
Consultant shall:
1 .1 Manage its employees and subconsultants and overall project activities consistent with the direction from City in order to meet the project schedule and budget.
1 .2 Coordinate with City, Consultant staff performing services, other consultants or subconsultants, utility companies, other government agencies, and other affected parties as required throughout the duration of the project.

1.3 Prepare, monitor, and update project schedule in MS Project format beginning at the notice to proceed and ending at award of the construction Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18

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contract. Schedule shall show significant milestones for the project.

Consultant shall notify City if there are delays in any task of the project. In such cases, Consultant shall make up the schedule in subsequent tasks of the project or provide information to City substantiating and requesting a time extension. The schedule shall be maintained current at all times and shall be updated any time progress or milestones are changed.

1.4 Meetings: Meetings shall be budgeted for and invoiced under each respective Task or activity requiring a meeting and not as project management. Preparation for meetings shall be considered as included in the Task or activity for which the meeting is involved, except as follows:

1.4.1 A kick-off meeting shall be conducted with designated City staff to review anticipated tasks and schedule, review available information and needs, and address any outstanding questions regarding the project moving forward raised by City or Consultant.

1.4.2 During the course of services while there is active work on the project, Consultant shall schedule and attend brief bi-weekly (every other week) conference calls with City. The purpose of the bi-weekly conference calls will be to keep City appraised on the project's progress and address any issues that may arise during the course of services.

1.4.3 All other meetings, except as identified above, shall be budgeted and invoiced under the task for which the meeting is involved.

1.5 Provide progress reports, no less frequent than monthly.

1.6 Stakeholder Coordination: Coordinate with project stakeholders as needed to inform each stakeholder of the project work and incorporate any necessary accommodations into the construction documents.

1. 7 Invoicing and Contract Administration: Consultant administrative staff time spent preparing invoices for services complete shall be considered as included in the overhead of the Consultant's basic hourly rates and shall not be billed. Additionally, addressing administrative issues regarding the professional services agreement, such as preparing additional services requests or budget modifications, shall also be considered as included in the overhead of the Consultant's basic hourly rates and shall not be billed.

1.8 Only the designated Project Manager or approved delegates performing project management duties shall charge time to Task 1 Project Management. Consultant's technical staff working on other tasks for the project shall not charge to the project management task. Additionally, if the Project Manager is performing technical work related to other tasks, time Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18

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spent on those tasks shall be charged to the task and not to project management.

1.9 Quality Assurance/Quality Control (QA/QC): Perform a QA/QC process for review of the design, plans, specifications, and cost estimate at each design stage. QA/QC shall be budgeted and invoiced under each respective task requiring QA/QC review and not as Project Management. Documentation from Consultant's QA/QC shall be internal but shall be provided to City upon request.

1.10 Task 1 Project Management shall commence with the project written notice to proceed and end upon completion of award of construction contract under Task 5 Bid Support Assistance. Thereafter, services provided consistent with the above provisions shall be budgeted and billed to subsequent tasks, e.g. Task 6 Construction Support or Task 7 Record Drawings and Project Close-Out, whichever may be applicable at the time services are provided.

1.11 City Project Management Software: City at the time of this Agreement employs the use of internet-based e-builder project management software.

Consultant shall cooperate with City and use the software as directed by City, including submitting invoices via the software.

Deliverables:

1. Project schedule in MS Project format (submitted electronically as pdf file and in native MS Project format), including updates to schedule as-needed.

2. Kick-off meeting and bi-weekly meeting agendas, preparation materials, and minutes for each meeting.

3. Monthly progress reports and invoices (submitted electronically through ebuilder).

2. TASK 2: PRELIMINARY ENGINEERING AND EVALUATION

2.1. Data Collection
Consultant shall collect all relevant information as-available from the City or other parties.

Consultant shall collect as-built record drawing, GIS, streetsaver, and block book information for the streets as necessary for subsequent project design. Consultant shall review the information provided by City to verify completeness and identify any missing information that is necessary for design. For information that is required for non-City owned or maintained facilities, Consultant shall contact the appropriate owner to obtain information, as needed.

Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18

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Consultants shall collaborate with City to identify utility operators in City and the project streets. Consultant, acting as the City's agent, shall prepare a Notice of Intent to Construct (NOi), or similar process at Consultant's discretion, and send it to utility operators in order to gather records for existing utilities for each street.

Location map exhibits will be required to be submitted as part of the NOi.

Consultant shall provide City a draft copy the NOi prior to sending it to the utility, maintain log of all NOi sent and received, and provide City all information received from the NOi process. The purpose of the collection of utility information is to identify ownership of surface features that will be impacted by the work, and also to identify if there are any high-risk utilities within the project limits that may be impacted by the work. Mapping of utility information gather will be performed under subsequent tasks.

2.2. Pavement Evaluation and Geotechnical Testing
Consultant and its subconsultant, Cornerstone, shall perform pavement investigations using a phased approach, as follows:
• The first phase includes a general pavement survey to observe the type and frequency of distress and to confirm the pavement exploration locations. • The second phase will include coring the existing asphalt concrete (AC) pavement at various locations identified during the survey. • The third phase will include performing a non-destructive deflection testing program, if mutually determined by Consultant and City as necessary from the first two phases.
• The above phases will culminate in the preparation of a pavement investigation report.

2.2.1. General Pavement Surveys
Consultant shall perform a limited field review of the streets proposed for maintenance and rehabilitation to generally evaluate and document existing conditions and probable recommended treatments (e.g. slurry seal, chip or cape seal, resurfacing, reconstruction). The purpose of this review is to confirm the scope of subsequent tasks of pavement coring with geotechnical analysis, and topographic surveying. In-the field detailed marking of AC digout locations will occur in subsequent tasks.

Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18

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2.2.2. Pavement Cores
Based upon the general pavement surveys, Cornerstone shall core the existing pavement at locations determined in coordination and agreement with Consultant and City in advance, to determine the existing asphalt concrete pavement sections and underlying subgrade materials. Cores shall be performed using portable coring and sampling equipment. Cores shall extend to approximately 2 to 5 feet below existing AC grades. Upon completion, cores will be backfilled with rock and quick-set, non-shrink grout.

Cornerstone will also collect subgrade soils at certain locations for Resistance value (R-value, CAL 301) testing.

For the purposes of this Scope of Services and Schedule of Fees, the table that follows identifies the assumed coring, R-value and deflection testing (under future sub-task) locations and amounts. Cores and R-value testing may be performed at the same location (same sample location).

Consultant and its subconsultant shall be responsible for preparing and implementing a temporary traffic control plan as necessary to safely perform the work. The temporary traffic control plan is subject to City's review and approval prior to performing the work. An allowance of 2 weeks for City review and approval of the temporary traffic control plan shall be provided.

The field work does not require an encroachment permit from City.

Consultant and its subconsultant shall coordinate the field work schedule with the City to ensure City's availability for general oversight of the field work and temporary traffic control while field work is underway.

Table 1. Assumed Level of Effort (2025 Project)
Street Length Cores R-value
Avenida De Las 200 0 no
Flores
Bancroft St 800 1 no
Barto St 600 1 no
Cabrillo Ave 1400 1 no
Dibble Ct 300 0 no
Fairway Glen Dr 1600 1 no
Flannery St 1200 1 no
Hamilton Lane 1300 1 no
Hobart Terrace 600 1 no
Pomeroy Ave 800 1 no
Stevenson St 1400 1 no
Valley Court 100 0 no
Avenida De Lago 1800 1 no
Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18
Deflection
no
no
no
no
no
no
no
no
no
no
no
no
no

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Table 1. Assumed Level of Effort (2025 Project)
Street Length Cores R-value Deflection
Avenida De 800 1 no no
Carmen
Corte Primavera 300 0 no no
Calle de 1500 2 yes yes
Primavera
Cabrillo Ave 2200 2 yes no
Concord Ln 550 1 yes no
Hogan Dr 1500 2 yes no
Los Oliver Blvd 2000 2 yes no
Pomeroy Ave 4400 3 yes no
Warburton Ave 8000 4 yes no
Washington St 2500 2 yes no
Valley Way 1000 1 yes no
Total 30 9

2.2.3. Non-Destructive Pavement Deflection Testing
Consultant shall coordinate with City to determine if pavement deflection testing is necessary or desired to further estimate of the pavement conditions and remaining serviceable, and upon approval by the City, Consultant through its subconsultant Cornerstone will perform in-situ pavement deflection testing. Pavement deflection testing shall be performed using the Benkelman Beam procedures. Pavement deflection testing shall generally be in accordance with Caltrans Test Method 356. Deflection testing will be performed at about 150-foot spacing in both directions.

For the purposes of this Scope of Services and Schedule of Fees, the table that precedes identifies the assumed deflection testing locations.

2.2.4. Pavement Investigation Report
The engineering analysis phase of work will focus on developing recommendations for pavement rehabilitation and/or repair alternatives. The data obtained from the field exploration and laboratory testing program will be utilized in the engineering analysis.

Consultant, through its subconsultant Cornerstone, will prepare one pavement investigation report for the overall project. The report will include the following items:
• Site plan showing core and deflection testing locations, if applicable Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18

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• Laboratory test results
• A detailed discussion of findings and recommendations, including:
• Limited pavement distress type
• Deflection test results, if applicable
• Pavement treatment/repair recommendations alternatives (M&R)

2.3. Topographic Survey
Consultant shall perform topographic survey to support the design of intersections and curb ramps. Topographic surveying will be performed by the Consultant's subconsultant, Quiet River Land Services, Inc
Topographic surveying shall commence after the General Pavement Surveys that establish the anticipated pavement treatments so as to determine the necessity of curb ramp replacement or installation based upon the pavement treatment involved. The topographic survey includes the following.

2.3.1. Project Set-up and Management, Evaluate Project Data, Street Right-of-Way Research, and Survey Preparation:

This task includes obtaining and processing each of the specific corners to be surveyed and mapped, obtain/review current, available, recorded maps to define the record right-of-way width, obtain relevant County Assessor's maps and data. This parcel/right-of-way data will be computed, utilized throughout the project, uploaded and utilized by the survey crew and supplied in the mapping output.

2.3.2. Project Control and Topographic Survey:

Field crews will search for and locate relevant, existing street subdivision monuments and property corners (if any) in close proximity to street intersections alignment to help in the determination of the right-of-way lines and will set at least two (2) horizontal and vertical control points at each of the intersections for use in the future construction phases. Note that this is not a property boundary survey project.

2.3.3. Description of Survey Scope and Limits for Ramp/Corners:
• Curb return/intersections
• Limited design-grade Topographic Survey of the various items, features and improvements as required for design.
• For the purposes of this Scope of Services and Schedule of Fees, the following is the assumed level of effort.

Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18

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0 12+ streets / 104+ ADA corners and
improvements, for intersections and
summarized/described below:
various street
crossings as
Table 2: Anticipated Number/Count of Corners to be
S urveve db 1y S treet:
# of corners
Street Name with non Signalized
ADA ramps
Avenida De Lago 6 0
Avenida De Carmen 0 0
Corte Primavera 0 0
Calle de Primavera 5 1
Hogan Dr 10 1
Cabrillo Ave 8 1
Warburton Ave 33 1
Pomeroy Ave 7 2
Valley Way 4 0
Concord Ln 6 0
Los Oliver Blvd 12 1
Washington St 5 2
Total 96 9
o Note: the total listed above is 96 corners, regardless of the number of existing or proposed ramps at a corner as there may be either 1 or 2 ramps per corner.
o It is anticipated that the project will include 96 corners, but the Scope of Services and Schedule of fees includes an
additional allowance of an additional of 8 more corners, for a total of 104 corners in the scope to accommodate additional surveys that may be required and as such can be performed within Schedule of Fees.
• Survey Datums: Project Coordinates and Elevations will be set as follows:
o Basis of Elevations will be derived from City of Santa Clara datum and Published Benchmarks. The Survey Crew will
survey to and include/utilize a City Benchmark for each of the Maps.
o Basis of Bearings will be CA State Plane Coordinates unless City of Santa Clara bearings are specified.

Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18

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2.3.4. Survey Mapping:

Subsequent to the completion of the field survey, QRLS will create a digital, scale topographic map utilizing the survey data from each corner site, the field survey and record parcel/right-of-way data. The map will provide points, line-work, symbology, object descriptions and identifications, 1-foot interval contours as needed or requested, discernable right-of-way lines, found monuments, Basis of Bearings, Basis of Elevations and be prepared and delivered in a format suitable for AutoCAD Civil 3-D format. The main deliverable will be electronic maps, and if requested, field data and photos.

2.4. Preliminary Design

2.4.1. Final Treatment Selection, Preliminary Cost Estimating, Confirmation of Street Selection
Based upon existing conditions, data collected, and field review, Consultant shall propose recommended treatments for each street identified for the project and prepare preliminary cost estimates. As part of this task, Consultant shall also evaluate and recommend alternatives for treatment for City's consideration, such as recommending treatments with a lower initial cost but shorter service life versus treatments at a higher initial cost but with a longer service life, etc.

The preliminary estimate shall account for all major work items that contribute to the construction cost. The purpose of the preliminary cost estimates is to ensure the project remains within budgets determined by City. Based upon the cost estimates, the list of streets to be included shall be finalized at this stage.

For the purposes of preliminary estimating, Consultant may assume asphalt digout quantities based on an informed estimate (percentage) that is generally informed through Consultant's field reviews. Detailed marking and quantity calculations for asphalt digouts will occur in a subsequent task.

City anticipates that crack sealing to be performed prior to slurry seals may be performed by City forces in advance of construction. In order to ensure City forces have adequate time to perform the crack sealing, at this point in the project the slurry seal treatment list of streets shall be finalized and provided to City.

Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18

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2.4.2. Base Mapping (35% Design)
City will provide geographic information system (GIS) data to Consultant. The GIS data is limited to street centerlines, edge of pavement, land parcels, City storm drains, City water lines, City sanitary sewer lines, City electric utilities, and aerial photographic tiles, as-available. It is noted that the GIS data is approximate.

Consultant shall prepare base maps for use in exhibits and contract drawings. Based upon the nature of the work, it is anticipated that base maps based upon GIS information and aerial photos will be sufficient to adequately present the work in the contract drawings, and base maps prepared from field survey and topographic information is not required except at curb ramp or intersection locations.

Base maps shall be prepared in AutoCAD format and these drawings will be used for subsequent design and construction document preparation. City's preferred base drawing format is 22" x 34" sized sheets at a legible scale. Regardless of the number of sheets and sizes of sheets, all base maps required for the Project shall be considered as included in the Basic Scope of Services. Requests for Additional Services related to the size and number of sheets required to bid the project will not be considered.

Base maps shall only be prepared upon finalization of the street treatment list to ensure maps are not prepared for streets that will not be included in the project.

The preparation of the base maps shall be considered as the 35% design of the project.

2.4.3. Preliminary Engineering Memorandum
Consultant shall document the findings under this Task as a brief memorandum for City's review and approval. Consultant shall meet with City to review the results of the memorandum and anticipate up to two (2) rounds of City comments and revisions to the memorandum provided that the Consultant incorporates the comments and revisions as appropriate for each round of revision.

The memorandum shall be simple and brief with the purpose of documenting the final street list, estimated costs, and treatments.

Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18

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Deliverables:

1. Notice of Intent to Construct (NOi) forms, tracking log, and information received

2. Pavement Investigation Report

3. Base Maps (PDF)

4. Field Survey Data

5. Preliminary Engineering Memorandum (as a single complete PDF)

6. Street List for streets to be slurry sealed.

3. TASK 3: PERMITTING
Consultant shall be responsible for obtaining required permits necessary to bid and construct the project. Consultant shall provide each permitting agency with a project description including the appropriate project plans along with the permitting applications and any necessary supporting documentation. Consultant shall submit the permitting package to City for signature and Consultant shall submit to the permitting agencies.

Consultant shall respond in writing to all questions and comments raised by the permitting agencies. Copies of comments and/or questions received and draft responses shall be submitted to City for approval prior to submittal to the agencies.

Final permit requirements shall be incorporated into the project's contract documents.

The following is a list of potential permits that may be required for the project. If additional permits are required or if additional agencies are identified other than those on the list below, they shall be considered included as part of the Basic Scope of Services and not as Additional Services.
• San Francisco Public Utilities Commission (Consent Letter), for work to occur at:
o Fairway Glen Dr
• Santa Clara County Department of Roads and Airports (Encroachment Permit), for work to occur at:
o Cabrillo Ave
• City of San Jose (Encroachment Permit), for work to occur at:
o Washington St
• Caltrans (Encroachment Permit), for work to occur at:
o El Camino Real
Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18

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For the 2025 project, and for the Santa Clara County Department of Roads and Airports (Encroachment Permit), it is assumed that the physical construction work will terminate at the City-County right-of-way line and will not extend into the County right-of-way. Accordingly, services related to obtaining permits for physical modifications to County infrastructure, including curb ramps, pavement, striping and signing, and traffic signal (except for replacement in-kind of advance vehicle loop detectors, if required) are not considered to be within the Basic Scope of Services.

For permits that are required to be obtained by City's construction contractor after contract award, Consultant shall coordinate and make necessary arrangements with the permitting agency during design to ensure the project will be permitted when City's construction contractor applies for the permit.

Permits shall be submitted at the appropriate time in accordance within the project schedule to ensure permits are issued and final to be incorporated into the construction documents prior to bid.

Deliverables:

1. Permit application packages with all necessary supporting documentation.

2. Final permits.

4. TASK 4: CONSTRUCTION DOCUMENTS (65%, 95%, 100%, and FINAL BID

SET SUBMITT ALS)
Upon City's approval of the preliminary design in Task 2 that defines the street treatment approach for the project, Consultant shall prepare biddable and constructible construction contract documents.

If changes in the Scope of Services or Schedule of Fees under this Task are required due to changes in the Baseline Solution, changes shall be proposed by Consultant and approved in writing by City prior to commencement of this Task.

The Construction Documents will be progressively developed via milestone submittals per the information outlined herein. The following are assumptions for the Construction Documents which shall be incorporated to the extent appropriate at each milestone submittal in terms of completeness and design schedule for each milestone submittal involved:
• City's typical pavement maintenance and rehabilitation project plans are prepared on cut sheets showing each street, and are considered moderately detailed in showing typical cross sections, notes, pavement treatments, surface utilities (e.g. valve boxes, manholes, etc.), survey monuments, asphalt digouts, traffic signal detector loops, ADA curb ramps, necessary construction details, pavement delineation, and signs.

Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18

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• The Plans shall be prepared using GIS and/or photographic backgrounds, and show property lines {based on GIS), existing high-risk utilities impacted by the work, and major construction features. At isolated locations where right-of way ownership is not clear or complex based on the GIS (such as at corner curb ramp locations), Consultant shall acquire City's right-of-way records and show accurate right-of-way for these isolated locations. • ADA Curb Ramps: Consultant shall provide detailed design of replacement ADA curb ramps. The detailed design should show the type of ramp to be installed, elevations, design slopes, and any pavement reconstruction required to meet ADA requirements. Consultant shall open existing utility boxes that may need to be adjusted to accommodate the curb ramp to verify that adjustment is feasible.
• Asphalt Digouts: Consultant shall perform field work to mark asphalt dig out locations on streets in the field. Consultant shall subsequently record the locations by any necessary means such that they can accurately be reflected on the project plans and re-established from the plans to the field during construction. Consultant shall consider constructability while marking digouts. It is expected that the Consultant's asphalt digout markings made during design for design purposes will remain on the pavement surface and will be refreshed prior to construction based on the contract plans. Refreshing the markings prior to construction will be performed by City based upon the existing markings and the project plans.

City and Consultant shall conduct a field meeting with appropriate staff to discuss and agree on the approach to digout markings prior to performing the marking.
• Pavement Delineation Plans: Consultant shall coordinate with City's traffic engineering division to prepare pavement delineation plans based upon complete streets requirements, the City's bicycle masterplan, and Bicycle and Pedestrian Advisory Committee (BPAC) review. The proposed project striping is subject to change from the existing striping. • Sign Plans: Consultant shall coordinate with City's traffic engineering division to prepare sign plans based upon complete streets requirements and striping changes. It is anticipated the sign modifications will be required for streets with added or changed bicycle facilities, and at intersections/stop bars/crosswalks. Consultant shall be responsible for preparing the associated sign plans with oversight by City's traffic engineering division provided through review of milestone submittals. Only signs that are changed in the project are required to be shown, not all signs in the streets corridors.

Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18

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• City BPAC Review: Per the City's complete streets policy, the project is required to undergo a review by the City's Bicycle and Pedestrian Advisory Committee (BPAC). Consultant shall attend the BPAC meeting in which the project is reviewed, and address any recommendations made by BPAC. It is assumed that this BPAC review will be completed at the 65% level, and that the 65% plans will be of sufficient quality and completeness to facilitate BPAC review.
• Signal Design: Consultant shall obtain as-built records and perform field review to determine signal loop detectors that need to be replaced, and to show the replacement on the project plans. This includes determining presence or absence of existing detector hand holes and installing new hand holes where they do not currently exist. Consultant shall also coordinate with City's traffic engineering division to ensure adequate detector lead-in-cables exist. Consultant shall also design loop detector accommodations for bicycle detection should bicycle facilities be included on the pavement delineations plans.
• Stormwater Treatment Evaluation: Consultant will evaluate and prepare calculations to ensure that the project meets the latest of the Construction General Permit and Municipal Regional Permit (MRP 3.0) as required by the State Water Resources Control Board (SWRCB).
o Consultant understands the City desires that this project will not be a Regulated Project under the most recent Municipal Regional Permit.

Consultant shall recommend pavement treatments that do not trigger the project to become regulated and will be required to perform any necessary calculations or supporting documents to substantiate that the project as non-regulated. This Project is also not considered a candidate for any Green Stormwater Infrastructure (GSI), and no GSI is expected for the project.
• Consultant shall identify, locate, and show the following on the plans:
surface features (manholes, boxes, etc.), City monuments, and existing pavement cross slopes. These shall be obtained through field observation and measurements and are not required to be located by topographic land survey.
• It is assumed that traffic handling required to construct the project will be typical temporary traffic control systems per the requirements of the City's specifications and any necessary traffic handling plans that are required will be submitted by the construction contractor during construction. It is not anticipated that Consultant will need to prepare traffic handling plans. • Specifications shall include all Technical Specifications or Special Provisions required to construct the project. City will prepare the "frontend" Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18

Page 17 ends

contract specifications, i.e. Divisions O and 1 specifications of City's boilerplate. Consultant shall provide all information required for City to complete the boilerplate. This information includes:
• Consultant's professional engineer seal and signature • Description of work
• Type of Contractor's License required
• Schedule of Bid Prices
• Requirements for Contractor's Statement of Qualifications (e.g. experience requirements for previous construction contracts and contract values).
• Working Days for Substantial and Final Completion
• Recommendations for appropriate Liquidated Damages
• Identification of any changes to the City's boilerplate that are required • Consultant shall be familiar with City's standard specifications and provide all Technical Specifications or Special Provisions such that they supplement, and do not conflict with, and are not redundant with the standard specifications. Changes to the City's boilerplate or deviations from the standard specifications shall be addressed by incorporating appropriate information into the project Technical Specifications or Special Provisions. • Consultant shall coordinate with City's traffic engineering division and determine allowable work hours, and allowable lane closure hours based on constructability and cost impacts, to be incorporated into the project documents. It is expected that lane closure charts will be included in the specifications for major multi-lane streets.
• The Engineer's Cost Estimate shall be an itemized list of bid items and shall be accurate and prepared based upon current construction pricing and escalated to time of bid using engineering judgement. Consultant shall review recent bids, and contact vendors, suppliers, and contractors as necessary to develop an accurate cost estimate.
• Consultant shall conduct a quality control (QC) review of the submittal in accordance with Consultant's Quality Assurance/Quality Control (QA/QC) program.
• City Review Circulation: City will circulate each submittal package to internal City departments for review and comments. Consultant shall be responsible for submitting the package to external stakeholders if required.

Consultant shall prepare written responses to all written comments received. All redlined drawings shall be returned with Consultant's response on the redlined drawings. Consultant shall be responsible for resolving comments from each commenter and shall identify to City any Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18

Page 18 ends

comments that cannot be resolved. Consultant shall conduct a review meeting corresponding to each 65%, 95%, 100% submittals with City to discuss comments on the submittal package, to identify any significant design issues, and gain concurrence as to how the submittal shall be revised as appropriate to incorporate City's comments. The review meeting will be held remotely.

4.1. 65% Construction Documents Package
Consultant shall perform engineering and design activities to develop a 65% level of completion construction documents. Review of the 65% submittal will identify and raise potential issues for resolution in subsequent submittals. Subsequent submittals shall provide opportunities to further refine the contract documents.

The 65% design submittal will include the following:
• Improvement Plans
o All proposed pavement and resurfacing work
o Any signal loop detector or detector handholes to be replaced or installed
• Identify locations and quantities of proposed new curb ramps • Striping & Signage Plan
• Technical Specifications
• Engineer's Cost Estimate
Below are entities who will receive 65% design submittal:
• City of Santa Clara
• Bicycle and Pedestrian Advisory Committee BPAC (Complete Streets Review)
• As-needed for early design coordination:
■ SFPUC, Caltrans, County of Santa Clara, City of San Jose

4.2. 95% Construction Documents Package
Consultant shall perform engineering and design activities to develop a 95% level of completion construction documents. All major project issues shall have been resolved prior to this stage. The 95% construction document package shall include updated Plans, Specifications, and Engineer's Cost Estimate. • Improvement Plans
o All proposed pavement and resurfacing work
o Any signal loop detector or detector handholes to be replaced or installed
• Curb Ramp Details
• Striping & Signage Plan
Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18

Page 19 ends

• Technical Specifications
• Engineer's Cost Estimate
• Written responses from City's 65% comments
Consultant shall submit the 95% plans to affected utility owners for their use and information. For utilities to be adjusted by others, Consultant shall provide information and exhibits to City for use in Notice to Adjust letters.

Below are entities who will receive 95% design submittal:
• City of Santa Clara
• As-needed for design coordination and permitting:
■ SFPUC, Caltrans, County of Santa Clara, City of San Jose

4.3. 100% Construction Documents Package
Consultant shall finalize the Plans, Specifications, Engineer's cost estimate, and construction schedule based on the 95% review circulation. All outstanding comments and issues from previous submittals shall be incorporated into the 100% construction document package. The 100% Bid Set documents shall be considered as complete with no future revisions planned nor deemed necessary, or "bid ready."
The 100% construction document package shall include final Plans, Specifications, and Engineer's Cost Estimate, in accordance with the following:
• PEER Review: Peer review shall have been accomplished by this stage, with the statement and signature on the cover sheet. A PEER review is defined as a review by an individual with equal or greater experience as the engineer of record who is not associated with the project design. The PEER reviewer may be from the same firm as the engineer of record. The PEER Review does not replace or limit Consultant's internal QA/QC procedures.

The PEER reviewer shall sign and date the following Certification of PEER Review on the final plans:
"The undersigned hereby certifies that a professional peer review of these plans and the required designs was conducted by me, a professional engineer with expertise and experience in the appropriate fields of engineering equal to or greater than the Engineer of Record, and that appropriate corrections have been made."
Consultant shall provide supporting information to City to assist City's plan approval process, including:
• Summary of utilities and coordination efforts, including responsibilities and disposition of adjustments/relocations
Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18

Page 20 ends

• Summary of permits and their status
• Quantity calculations
• Supporting documents to validate engineer's estimate (e.g. unit costs and/or project references)
• Summary of "lessons learned" from prior projects

4.4. Final Bid Set Documents
The submittal shall be considered as a limited submittal to formalize and sign the Final Bid Set documents, and resolution of any minor issues remaining from the 100% Design Submittal package.

The final submittal shall consist of final Plans and Specifications, signed, stamped and dated by Consultant in responsible charge for their preparation and be considered ready to bid. The final submittal shall be ready for City staff approval signatures.

Deliverables:

1. 65%, 95%, and 100% Construction Document submittals (electronic PDF submittal)

2. Stamped, signed, and dated Final Plans for City signature (electronic PDF submittal)

3. Stamped, signed, and dated Final Specifications (electronic PDF submittal)

4. Final Engineer's cost estimate (electronic PDF submittal).

5. Upon City request: native files (AutoCAD, MS Word, MS Excel of above deliverables).

5. TASK 5: BID SUPPORT ASSISTANCE
Consultant shall provide assistance to City during the construction bidding and award phase, answer questions from bidders, assist in preparation for addenda when necessary, and assist City in evaluation of bids received, when requested.

All services completed within this task shall be on an as-needed basis and shall be specifically requested by City in writing prior to Consultant providing services.

Consultant shall:

5.1. Provide clarifications and assistance during the bidding phase to satisfactorily answer any questions from prospective bidders, if requested by City. City to reproduce and distribute Contract Documents, maintain a planholder's list and log of bidders questions and responses.

5.2. Attend Pre-Bid Meeting, if required by Project. Consultant shall coordinate with City to prepare agenda and meeting minutes.

5.3. Prepare Addenda to Construction Documents, if needed. City to reproduce and distribute all addenda.

Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18

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5.4. Assist City in evaluating bids and preparation of award of contract, if needed.

5.5. If addenda are issued, prepare a conformed set of documents that incorporated addenda into the documents.

Deliverables:
1 . Written clarifications and response to prospective bidders, if needed

2. Addenda to the Bid Documents, if needed.

3. Conformed construction documents, if needed.

6. TASK 6: CONSTRUCTION SUPPORT
The City's Field Services Division will have primary responsibility for construction management and inspection. Consultant's responsibility to provide basic services for the construction phase under this Agreement commences with the award of construction contract and terminates on the date City approves the notice of completion of Project. All services completed within this Task shall be on an asneeded basis and shall be specifically requested by City in writing prior to Consultant providing services.

The amounts included in the Schedule of Fees are based upon the Consultant's experience and judgment of the services anticipated to become provided for the Project by Consultant based on the Baseline Solution.

Consultant shall:

6.1. Attend Pre-Construction Meeting upon request by City and respond to preconstruction meeting questions.

6.2. Review and approve shop drawings and submittals. Assumes reviews, comments, and review of revised submittals, as necessary and as applicable for each submittal. The Consultant's action shall be taken with such reasonable promptness so as to cause no delay in the work, while allowing sufficient time in Consultant's judgment to permit adequate review.

Consultant will be allowed a maximum of seven (7) calendar days for review of submittals.

6.3. Review Contractor's request for information (RFl's) and furnish additional drawings and/or specifications for supplementing, clarifying, and/or correcting purposes. Consultant shall be allowed a maximum of seven (7) calendar days to respond to RFl's that impact Project schedule or a maximum of fourteen (14) calendar days to respond to RFl's that do not impact Project schedule.

6.4. Attend meetings and site visits when necessary as determined and requested by City.

6.5. Assist City with the review of construction, and other activities, as determined and requested by City.

Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18

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6.6. Prepare, review, and recommend approval of design related change orders, as requested.

Deliverables:

1. Shop drawing and submittal comments.

2. RFI responses.

3. Site visit memoranda, as required.

4. Drawings and specifications for supplementing, clarifying, and/or correcting the contract documents and for design related change orders.

5. Change orders, as required.

7. TASK 7: RECORD DRAWINGS AND PROJECT CLOSE-OUT
All services completed within this Task shall be on an as-needed basis and shall be specifically requested by City in writing prior to Consultant providing services.

If requested, Consultant shall:
7 .1. Provide a complete set of the Record Drawings produced in AutoCAD format, based upon redlines provided City, with all X-ref files "bound," including other associated fonts, plot style files in AutoCAD, including electronic copies in PDF format.

7.2. At the City's discretion, the City may consider red-lined drawings prepared by Contractor or prepared by City to serve as the Record Drawings for the project and in such case, Consultant shall review the red-lined drawings for accuracy based upon Consultant's knowledge of the construction.

Deliverables:

1. Record Drawings provided electronically in AutoCAD and PDF formats.

8. TASK 8: OPTIONAL TASKS
If deemed necessary during the course of services, this Task provides for Consultant to perform Optional Tasks as part of the Basic Scope of Services.

Optional Tasks shall be authorized in writing prior to performing work, and shall only be invoiced if agreed by City and Consultant in writing prior to performing work. Fees for Optional Tasks shall be considered as part of the Fees for Basic Scope of Services.

8.1. OPTIONAL TASK: Utility Potholing (Requires City Authorization) If deemed necessary due to the proposed treatment method, Consultant shall perform vacuum excavation potholing for utility verification. The fees included in Exhibit B is a budget allowance. Prior to performing any work under this task, Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18

Page 23 ends

Consultant shall provide a written quotation for the actual number of potholes necessary for the work from a potholing contractor. Utility potholes shall be backfilled with CDF and the pavement will be restored in accordance with City Standard Detail ST-25. This task shall only be invoiced if agreed by City and Consultant in writing prior to performing work.

Deliverables:

1. Optional Task (If Authorized): Potholing Data

8.2. OPTIONAL TASK: Additional Surveying
If deemed necessary, Consultant shall perform survey at additional locations consistent with Tasks 2 of this Scope of Services for additional locations that are not included in Task 2. The fees included in Exhibit B is a budget allowance. Prior to performing any work under this task, Consultant shall provide a written estimate of costs required to provide the additional survey. This task shall only be invoiced if agreed by City and Consultant in writing prior to performing work.

Deliverables:

1. Optional Task (If Authorized): Survey information consistent with deliverables in Task 2.

IV. OPTION TO EXTEND AGREEMENT (OPTION PERIODS)
The Initial Term of this Agreement shall be to provide design professional services for City's 2025 pavement maintenance and rehabilitation.

Under the City's discretion to extend the term of this Agreement for future pavement maintenance and rehabilitation projects beyond the 2025 project, City shall request from Consultant and Consultant shall provide to City a project-specific proposal for the requested services for the future project.

In consideration of the Option Period(s), City shall provide a notice of intent to extent agreement to Consultant with the following information:
• A street list and map including location, streetsaver pavement treatments, and programmatic costs of streets considered for the future project Within fourteen (14) days of City's notice, the Consultant shall provide the City a project specific proposal that includes:
• A project-specific cost proposal, consistent with the requirements for cost proposals in City's original RFP for this Agreement.

Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18

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• A project-specific schedule
• Any additions, deletions, or modifications to the Scope of Services of this Agreement as necessary for the specific project. It is anticipated that the Scope of Services will be consistent with the Tasks 1 through 8 of the Basic Services of this Scope of Services, the following project-specific changes are expected:
o Topographic survey locations
o Pavement testing locations
o · Permitting agencies
The project-specific proposal is subject to negotiation and agreement by both Parties.

Approval of any Option Period shall be per Exhibit E - Exercise of Option to Extend Agreement Form at the time the Agreement is extended by City, if City extends the term of the Agreement under any Option Period. All other terms for any Option Period shall be consistent with the terms of this Agreement unless otherwise set forth in this Agreement or in the Exhibit E - Exercise of Option to Extend Agreement Form.

Design Professional Agreement with CSG Consultants, lnc./Exhibit A-Scope of Services Rev. 09-28-18

Page 25 ends

I. GENERAL PAYMENT

EXHIBIT B

SCHEDULE OF FEES
Billing shall be on a monthly basis based on the services performed for each task.

Consultant shall, during the term of this Agreement, invoice the City for hours and dollars of services completed under this Agreement. The invoice shall describe the Task invoiced, percent complete of the Task, time and materials expended by Task, and total amount during the invoice period. The invoice shall also show the total to be paid for the invoice period. All invoices shall provide a written description of services completed during the invoice period, deliverables completed, and progress to date on Tasks being invoiced in order to support the amount invoiced.

Subconsultant(s) invoice(s) pass-through billed through Consultant to City shall be consistent with the terms contained within this Agreement. Consultant shall be responsible for ensuring conformance of each subconsultant invoice with these terms, including the fees allocated for each Task, prior to billing City.

Initial Term .(2025 Project):

The total payment to the Consultant for Basic Services, including Optional Services, as stated in Exhibit A, for the Initial Term (2025 Project) shall not exceed $732,157. The amount billed to City for Additional Services shall not exceed the sum of $73,216. In no event shall the amount billed to City by Consultant for services under the Initial Term of this Agreement exceed $805,373, subject to budget appropriations.

Option Period(s):

Under the City's discretion to extend the term of this Agreement for future year annual street pavement maintenance and rehabilitation projects beyond the 2025 project, City shall request from Consultant and Consultant shall provide to City a project-specific cost proposal for the requested services for the future project. The cost proposal is subject to negotiation and agreement by both Parties. Total payment to the Consultant under any Option Period shall be per Exhibit E - Exercise of Option to Extend Agreement Form at the time the Agreement is extended by City, if City extends the term of the Agreement under any Option Period. All other terms for any Option Period shall be consistent with the terms of this Agreement unless otherwise set forth in this Agreement or in the Exhibit E - Exercise of Option to Extend Agreement Form.

II. BASIC SERVICES
The total payment to Consultant for all services necessary for performing 911 Tasks, as stated in Exhibit A, Scope of Services, shall be in proportion to services rendered and on a time and materials not-to-exceed basis.

Design Professional Agreement with CSG Consultants, lnc./Exhibit B-Schedule of Fees Page 1 Rev. 09-28-18
The Consultant fee allocated to each Task, as shown in the table that follows, shall be the Consultant's full compensation for all the Consultant services required for the project and by this Agreement, as directed by the City, and no additional compensation shall be allowed. City may reallocate fees amongst Tasks or to or from Additional Services at the City's sole discretion. The Consultant shall bill time and materials spent on a Task under the appropriate Task and will not be allowed to bill to completed, future, or inactive Tasks unless approved in writing by City prior to billing services in those Tasks. The Consultant shall provide a summary of dates and hours charged per date by individual, and individual timesheets, if requested by City. The hours and amounts charged to each Task shall be proportionate to the services rendered.

Tasks denoted as Optional Tasks, as stated in Exhibit A, require pre-approval in writing by City prior to performing any services under the task. Payment for any Optional Task is allowed only if written authorization is provided by the City in advance of the services to be performed. Fees for Optional Tasks shall be considered as Basic Services.

The total amount of all the Tasks is a not-to-exceed amount. Figures in the table that follows includes all subconsultant fees, expenses, and administrative markups. The table that follows is a summary of the Tasks based upon the negotiated cost proposal prepared by CSG Consultants, Inc. dated May, 6, 2024 (Cost Proposal) and agreed by City and Consultant, and incorporated herein to this Exhibit B by reference. Cost proposals by subconsultants to Consultant, which are included in Consultant's Cost Proposal, are further incorporated herein to this Exhibit B by reference as follows:

Cornerstone Earth Group cost proposal dated May 3, 2024, and Quiet River Land Services cost proposal dated April 27, 2024. Any discrepancies between Consultant's Cost Proposal, including any subconsultants' costs proposals included therein, and this Exhibit B shall be resolved in favor of this Exhibit B.

Consultant shall invoice time and expenses according to the tasks identified in the Cost Proposal. The time and expenses for subtasks may vary above or below the hours and fees identified on the Cost Proposal provided that the total billed under a Task remains within the Fee established for the Task. Upon mutual agreement between City and Consultant in writing, subtasks may be separated or combined as needed to facilitate invoicing.

Design Professional Agreement with CSG Consultants, lnc./Exhibit B-Schedule of Fees Rev. 09-28-18

Page 2 ends

Cost Proposal Summary (Initial Term):

Description Amount
Task 1 Project Management $ 36,880
Task 2 Preliminary Engineering and Evaluation $ 260,127 Task 3 Permitting $ 24,420
Task 4 Construction Documents $ 340,520
Task 5 Bid Support Assistance $ 3,060
Task 6 Construction Support $ 28,640
Task 7 Record Drawings and Project Closeout $ 6,540
Subtotal $ 700,187
Task 8 Optional Tasks $ 31,970
Total $ 732,157
In no event shall the amount billed to City by Consultant for Basic Services, including Optional Services, under the Initial Term of this Agreement exceed seven hundred thirty two thousand one hundred fifty seven dollars ($732,157), subject to budget appropriations.

Ill. REIMBURSABLE EXPENSES
Reimbursable Expenses shall not be billed by the Consultant or subconsultants under this Agreement. Full compensation for all expenses shall be considered as included in the hourly rates.

Any discrepancy between Reimbursable Expenses listed within Consultant's, or subconsultant(s)', rate schedules as referenced in Section V, RATE SCHEDULE of this Exhibit B and the above shall be resolved in favor of the above.

IV. ADDITIONAL SERVICES
Additional Services consists of services not included in the Scope of Services described within this Agreement. Additional Services shall be billed to City at the fixed hourly rates shown below in Section V, RATE SCHEDULE, or at an agreed Design Professional Agreement with CSG Consultants, lnc./Exhibit B-Schedule of Fees Rev. 09-28-18

Page 3 ends

negotiated price. Billing and payment for Additional Services shall be consistent with the terms set forth in this Agreement. Billing and payment for any Additional Services is allowed only if written authorization is provided by the City in advance of the services to be provided.

V. RATE SCHEDULE
Charges for personnel engaged in services are based on the actual hours directly chargeable to the project.

Rates by classification for Consultant and subconsultants follow below ('Rate Sheets') and shall be fixed through December 31, 2024. Any classifications added, or employees changing classifications, are subject to approval in writing by City.

Any discrepancy between the terms listed herein this Exhibit B and the Rate Sheets that follow shall be resolved in favor of the terms listed herein this Exhibit B.

After December 31, 2024, rates may be adjusted as described herein. Consultant shall propose any adjusted rates in writing for City's consideration and acceptance in writing. Adjusted rates shall be no more than the percentage of difference between the Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward, CA, area between the effective date of this Agreement and the CPI as may be available and nearest to and in advance of the month in which the adjustment is contemplated and shall be capped at a maximum of 3% for each adjustment. Rates changed by calculation shall be rounded to the nearest whole dollar. Only one adjustment is allowed per annum.

Consultant understands and agrees that adjustments to rates does not cause an adjustment in the Fees established for Tasks or adjustment to the maximum compensation under this agreement. Consultant shall be required to provide the full services as described in Attachment A in accordance with the Fees established in this Attachment B, regardless of adjustments to rates.

Consultant will bill subconsultants at actual cost plus a maximum allowable markup of 5%. Subconsultants will bill at actual cost for any further tiered subconsultants or subcontractors at cost plus allowable markup of 10%, or as shown on the following Rates Sheets, whichever is greater. In no case shall any pass-through markups billed to City exceed 25% more than the original cost or reimbursable expense.

It is expressly understood that this Project is subject to prevailing wages, in conformance with Attachment D, Prevailing Wage Addendum. (Rate Sheets on Following Pages)
Design Professional Agreement with CSG Consultants, lnc./Exhibit B-Schedule of Fees Rev. 09-28-18

Page 4 ends

Consultant: CSG Consultants, Inc:
2024 Engineering Division Hourly Rates
San Francisco Bay Area
~
CSG

CONSULTANTS
..... ,,.,
CSG Consultants' services are billed on a time-and-materials basis according to our Standard Rates, shown below.

PROFESSIONAL ENGINEERING SERVICES l HOURLY RATE -------- - - ----- --- - - -- - --- Engineering Trainee $80
Administrative Assistant $90
Analyst $150
Engineering Designer/CASp Inspection &Consultation $160 Construction Inspector $165
Senior Analyst $175
Assistant Resident Engineer $190
Assistant Engineer $165
Associate Engineer $195
Senior Cohstruction Inspector $180
Senior Engineer $220
Senior Land Surveyor $220
Resident Engineer $230
Structure Representative $230
Senior Structural Engineer $245
Senior Project Manager $245
Principal Engineer $260 -------------------+------- -l
S en i or Principal Engineer $280
Two-Person Survey Crew $365 -- -

SUSTAINABILITY PROGRAM MANAGEMENT SERVICES HOURLY RATE ---------- ------------ - - --- - ------- - Sustainability Program Ahalyst $150
Sustainability Program Senior Analyst $180
Sustainability Program Manager $210
All hourly rates include overhead costs including, but not limited to, salaries, benefits, workers' compensation Insurance, travel and office expenses. CSG w/1/ coordinate the pickup and return of plans between CSG and agency offices. Overtime services and services provided outside of normal business hours wfll be billed at 1.Sx the applicable hourly rate. On July 1 of each year following the contract start year, CSG will initiate a rate increase based on change In CPI for the applicable region. CSG will mall/email an Invoice every month f9r services rendered during the previous month.

Design Professional Agreement with CSG Consultants, lnc./Exhibit B-Schedule of Fees Rev. 09-28-18

Page 5 ends

Subconsultant: Cornerstone Earth Group:
15! CORNERSTONE

EARTH GROUP
Prevailing Wage Hourly Fee Rates and Equipment Charges
Through December 31, 2024
Administrative Assistant
Engineering Technician I
Construction Services Administrator
Engineering Technician II
Technical Illustrator/CAD Operator
Supervisory Technician
Slaff Engineer or Geologist
Senior Supervisory Technician
Senior Starr Engineer or Geologist
Project Engineer or Geologist
Principal Construction Services
Senior Project Engineer or Geologist
Principal Engineer or Geologist
Senior Principal Engineer or Geologist
$105
$180
$135
$180
$150
$180
$180
$180
$193
$215
$215
$220
$265
$295
Charges for personnel will be made in accordance with the above rates. For field engineers, geologists and technicians, regular rates are normal workday construction hours (Monday through Friday). For lime spent over 8 hours In a day, lime spent alter 5 p.m., time spent on swing shins, and lime spent on Saturdays by field personnel, overtime rates will be charged at 1.5 limes the hourly rate. Work on Sundays and holidays and work In excess of 12 hours in one day will be charged at 2.0 limes the hourly rate. Field rates are based on a 48-hour notice. For less than a 48-hour notice, a 10 percent surcharge will be added. All field personnel, vehicle and equipment charges are portal to portal. Reproduction or project documents will be charged as a project expense. The hourly rate for professional staff to attend legal proceedings will be 2.0 times the hourly rate specified above.

Eauipment Charaes I Geotechnlcal Laboratorv Tests
Vehicle $28per hour Tests Run Tests Run
Nuclear Density Gauge $11 per test During Normal Outside 66-Gallon Drum $100each Workdav Hours Workdav Hours
GPS Unit $90 per day Compaction curve $330each $495 each Hand Auger Equipment $50 per day Compaction Check Point $170 each $270 each Power Auger $125 per day Plasticity Index $250each $350 each PDR-1000 Oust Meter (3) $300 per day, $1,200 per week, $4,000 per monlh Sieve/Hydrometer $250 each $350 each PIDppm, $130 per day, $600 per week, $2,000 per month Moisture Content $8 each $10 each PID ppb, $150 per day, $650 per week, $2,200 per month
Air Pump $80 per day, $350 per week, $1,000 per month Moisture/Density $30 each $50each Weather Station $80 per day, $350 per week, $1,000 per month -#200 Wash $60 each $80each Benkelman Beam $175 per day, $750 per week, $2,600 per month Sieve< 3/, Inch Liner (small) $125 each $190 each Double Ring lnfiltrometer $100 per day Sieve> ¾ Inch Bucket (Large) $225each $330 each Dynamic Cone $100 per day Lime Stability $360each $550 each Dlfferentlat Pressure Gauge $50 per day Consolidation $415 each $680 each Soil Corrosion Testing $235 each $450 each
Air Flow Sensors $50 per day
Pressure Control Testing $275 per day
Depth Sounder $50 per day
Air Monitors (1) $700 per month
Liner and Two Caps $12 each
Core N One Sampler $50 each triplicate sample
Core N One Handle $80 each
Modeling Software $25 per hour
Plotter $10 per plot
Drone $50oerh0ur
Direct Expenses
Reimbursement for lhe direct expenses listed below Incurred In connection with the Work wm be billed at cost plus 18 percent. 1) Drillers, utility locators, laboratories, contractors, hygienists, and consultants 2) Rented vehicles, public transportation, tolls, and air nights 3) Permits and special rees, Insurances and licenses required to perform Work 4) Computer programs and rented field equipment
5) Large volume copying or project documents
6) Maps, photographs, and environmental databases
7) Overnight or same day delivery charges
8) Copying or production of over-sized figures and plans If personnel are a118lgned to a project 100 miles or more from an ornce, $175 per diem per person allowance will be charged. Unlees mulually agreed In wrlllng, Cornerstone will hold samples collected during the performance or the Work no longer than thirty (30) calendar days after their dale of collection; project samples requested to be held greater than thirty (30) calendar days will be billed at $100 per every nlnely (90) calendar days. If payment Is not received within 30 days of Invoice dale, the samples will be discarded.

Payment
Payment for Work completed Is due upon receipt of Cornerstone's statement. Fixed fee or lump sum services will be billed for the agreed fixed fee. A service charge of 1.5 percent per month will be charged on accounts not paid within 30 days.

Prevalllng Wage Client must notify Cornerstone In writing If the Work Is subject to "prevailing wage• under local, state or federal laws.

Design Professional Agreement with CSG Consultants, lnc./Exhibit B-Schedule of Fees Rev. 09-28-18

Page 6 ends

Subconsultant: Quiet River Land Services, Inc.:

QUIET RIVER -Lnncl Se rvices Inc.-
Schedule of Hourly Billing Rates
(For Light Commercial, General Municipal and Residential survey projects) Effective Date: March 1, 2024 to March 1, 2025 - Rates subject to Annual Union Adjustments.
• .. Office Personnel •••
Principal - California Professional Land Surveyor (CA PLS) ............ $ 260.00 Principal- CA PLS - Professional Witness .... .... $ 225 Prep./$ 275.00 Court (3 hour minimum, plus materials and expenses as required) Professional Land Surveyor/Project Manager .. .............................. $ 200.00 Senior CAD Drafter I Survey/Mapping Technician 3 ........ . .. ... . ........ $ 165.00 CAD Drafter/ Mapping Technician 2 ........... ..... .. ....... ... .. ... ... ......... $ 140.00 Project Coordinator I Property Research Specialist ......................... $ 100.00 Administrative Services ... ... ... .. ....... ............ ...... .... .................. ... $ 90.00 Note: Authorized overtime fees will be charged at 1.5 times the above rates. ••• Field Survey Hourly Rates ...

Note: Ail Prevailing Wage field crew rates Include vehicle, proof of Insurance, survey instruments, ail standard survey gear and materials and typical safety equipment. Four Hour Minimum for field survey crew. Any additional safety and/or protection requirements and specialized vehicles/travel will be billed as additional fees. Overtime hours will be billed at factored rates. 1-Person Survey Crew w/ Robotics ....................... . ...... ............... $ 225.00 2-Person Survey Crew (four hour minimum) ........................................ $ 350.00 3-Person Survey Crew (Right-of-way traffic work) ... ..... ..... . ...... ....... $ 380.00 2-Person Survey Crew - Hydrographic Work w/ Boat... ................ .. .. .. $ 400.00 Design Professional Agreement with CSG Consultants, lnc./Exhibit B-Schedule of Fees Rev. 09-28-18

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EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor's insurance. The minimum coverages, provisions and endorsements are as follows:

A. COMMERCIAL GENERAL LIABILITY INSURANCE

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

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 Design Professional Agreement with CSG Consultants, lnc./Exhibit C-lnsurance Requirements Page 1 Rev. 09-28-18
EXHIBIT C-06 Professional Service Contract.doc (Last Modified 3-5-2024) least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.

C. WORKERS' COMPENSATION

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

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

D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney's Office.

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

1. 2.

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 1 O 11 85, or the combination of CG 20 1 O 03 97 and CG 20 37 10 01, or its equivalent.

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 Design Professional Agreement with CSG Consultants, lnc./Exhibit C-lnsurance Requirements Page 2 Rev. 09-28-18
EXHIBIT C-06 Professional Service Contract.doc (Last Modified 3-5-2024) from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.

3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (1 O) 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 (1 O) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of nonrenewal.

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

F. ADDITIONAL INSURANCE RELATED PROVISIONS
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 Design Professional Agreement with CSG Consultants, lnc./Exhibit C-lnsurance Requirements Page 3 Rev. 09-28-18
EXHIBIT C-06 Professional Service Contract.doc (Last Modified 3-5-2024) by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

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

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

H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.

Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications 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 Public Works
P.O. Box 100085 - S2 or 1 Ebix Way
Duluth, GA 30096 John's Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for 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.

Design Professional Agreement with CSG Consultants, lnc./Exhibit C-lnsurance Requirements Page 4 Rev. 09-28-18
EXHIBIT C-06 Professional Service Contract.doc {Last Modified 3-5-2024)

EXHIBIT D

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 eachjob site.

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.

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 Design Professional Agreement with CSG Consultants, lnc./Exhibit D-Labor Compliance Page 1 Rev. 09-28-18
payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

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 contractis less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a "public works contractor". Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.
1 o. 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 any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is Design Professional Agreement with CSG Consultants, lnc./Exhibit D-Labor Compliance Rev. 09-28-18

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City Council and Authorities ConcurrentJune 4, 2024

City Council and Authorities Concurrent
June 4, 2024