C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Consultant will deliver to City all City information or material that Consultant has in its possession.
9. ASSIGNMENT AND SUBCONTRACTING
City and Consultant 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. Consultant shall not hire subconsultants without express written permission from City. As used in this agreement the term "subconsultants" shall be interpreted to mean either subconsultants or subcontractors.
Consultant shall be as fully responsible to City for the acts and omissions of its subconsultants, and of persons either directly or indirectly employed by them, as Consultant is for the acts and omissions of persons directly employed by it.
10. 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 .
11. INDEPENDENT CONTRACTOR
Consultant and all person(s) employed by or contracted with Consultant to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Consultant has full rights to manage its employees in their performance of Services under this Agreement.
12. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Consultant and all other written information submitted to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant 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 Consultant which is otherwise known to Consultant or becomes generally known to the related industry shall be deemed confidential.
13. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, Professional Agreement with TRB & Associates, Inc.
Rev. 09-28-18
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 Consultant 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, Consultant 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.
14. RIGHT OF CITY TO INSPECT RECORDS OF CONSUL TANT
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 Consultant for the purpose of verifying any and all charges made by Consultant in connection with Consultant compensation under this Agreement, including termination of Consultant. Consultant 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. Consultant 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.
Consultant shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Consultant agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to Consultant's Services hereunder.
15. HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, Consultant 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 Consultant, its employees, subconsultants, or agents in the performance, or non-performance, of Services under this Agreement.
16. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Consultant shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
Professional Agreement with TRB & Associates, Inc.
Rev. 09-28-18
17. WAIVER
Consultant 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.
18. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Building
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected] and
[email protected]
And to Consultant addressed as follows:
TRB and Associates, Inc.
Attn: Todd Bailey, President
1265 El Camino Real, Suite 209
Santa Clara. CA 95050
Telephone (925)866-2633 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.
19. COMPLIANCE WITH LAWS
Consultant 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, Consultant'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, Consultant has read and agrees to comply with City's Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299 ).
Professional Agreement with TRB & Associates, Inc.
Rev. 09-28-18
20. CONFLICTS OF INTEREST
Consultant certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Consultant and that no person associated with Consultant has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Consultant 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. Consultant will advise City if a conflict arises.
21. FAIR EMPLOYMENT
Consultant 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.
22. NO USE OF CITY NAME OR EMBLEM
Consultant 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.
23. 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.
24. 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.
25. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
Professional Agreement with TRB & Associates, Inc.
Rev. 09-28-18
26. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
[SIGNATURE BLOCK ON NEXT PAGE]
Professional Agreement with TRB & Associates, Inc.
Rev. 09-28-18
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives .
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated: Approved as to Form: --------------
GLEN R. GOGGINS
City Attorney
JOVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone : (408) 615-2210
Fax: (408) 241-6771
"CITY"
TRB AND ASSOCIATES, INC. a California corporation
Dated: S er. a3~ ,;..a2..4-
By (Signature): ~
N~ y
Title: President
Principal Place of 2165 El Camino Real, Suite 209
Business Address : Santa Clara, CA 95050
Email Address: [email protected]
Telephone: (925) 866-2633
Fax: (925) 790-0011
"CONSULT ANT"
Professional Agreement with TRB & Associates, Inc.
Rev. 09-28-18
Page ·9 of 25
1. GENERAL
EXHIBIT A
SCOPE OF SERVICES
1.1. Consultant shall provide Plan Check Review, Field Inspections, and Related Consultant Services (Services) on an as-needed basis.
1.2. Consultant shall provide qualified and licensed personnel , along with necessary equipment and materials to perform the Services.
1.3. Unless otherwise indicated, services requiring Consultant's onsite presence will be performed at 1500 Warburton Avenue, Santa Clara, CA 95050, during the Building Division's regular business hours of 8:00 A.M. to 5:00 P.M. local time.
1.4. Consultant shall maintain a professional, solution-focused approach when communicating with City staff, applicants, and the public.
1.5. Certified Access Specialist (CASp) Inspectors must be certified by the California Division of the State Architect.
1.6. Structural plan reviews must be performed under the responsible charge of a California-registered or licensed civil or structural engineer.
2. WORK AUTHORIZATION
2.1. Consultant acknowledges that it is one of multiple firms under contract to provide the Services. When services are required, the City will request them from the firms, starting with highest ranked firm under contract, as listed in Exhibit E.
Consultant will be authorized to proceed with the work upon notification by the City, either via email or telephone.
2.2. The City may authorize work outside of the aforementioned protocol when the City determines, in its sole discretion, that:
2.2.1. A Consultant has the expertise and staff availability to meet the schedule and best perform the work; or
2.2.2. The work is a continuation of services previously performed by the Consultant.
3. SCOPE OF SERVICES
Consultant shall provide the following services as indicated by an "X" in the box:
3.1. ~ SERVICE AREA: BUILDING AND CASp PLAN REVIEW SERVICES Professional Agreement with TRB and Associates, lnc./Exhibit A-Scope of Services Rev. 09-28-18
3.1.1. Consultant shall review permit plans and associated documentation to determine compliance with the California Building Standards Code, as amended by the City of Santa Clara, and other applicable codes, regulations, ordinances, standards, and statutes.
3.1.2. Consultant shall provide comprehensive plan review annotations that proactively anticipate potential issues to avoid unexpected project delays.
3.1.3. Consultant shall employ a streamlined review process.
3.1.4. Consultant shall designate personnel to be available by telephone and/or e-mail to respond to questions from applicants, developers, City staff, the general public, and others as assigned by the City.
3.1.5. Consultant shall maintain a building plan review log of plan review assignments, including the permit number, project name, description of review, and basis for compensation for each assignment.
3.1.6. Consultant shall establish a schedule to periodically communicate the status of permits and review issues with City staff and other parties.
3.1.7. When requested by the City, Consultant shall work onsite at the City offices to perform plan review services and provide temporary staff coverage on an as-needed basis to address workload peaks or special projects. Consultant shall supervise, manage, and evaluate its own employees and will not be integrated into the City's daily review process. Consultant shall retain control over how the services are performed and ensure that its role remains that of an independent contractor.
3.2. 181 SERVICE AREA: BUILDING AND CASp INSPECTION
3.2.1. Consultant shall provide building inspection services during the course of construction to enforce compliance with the conditions of approval, provisions of state and City building codes and ordinances, and the code requirements set forth on the approved plans for which the City issued a permit.
3.2.2. Consultant shall observe the completion of various stages of construction at each project for compliance with all relevant State and City Building Codes.
3.2.3. Consultant shall read, interpret, apply, and use knowledge of building codes, municipal codes, ordinances, and other related laws, regulations, and policies in the performance of services.
Professional Agreement with TRB and Associates, lnc./Exhibit A-Scope of Services Rev. 09-28-18
EXHIBIT B
SCHEDULE OF FEES
1. MAXIMUM COMPENSATION
The aggregate maximum compensation for the agreements with the firms contracted to provide the Services, as listed in Exhibit E, is Eight Million Dollars ($8,000,000), subject to the appropriation of funds. Consultant shall not perform any Services that exceed the scope of services authorized by the City under the work authorization process outlined in Section 2 of Exhibit A. All work performed or materials provided in excess of the City's work authorization shall be at Consultant's expense.
2. RATES
2.1. Rate Sheet. Rates listed in Appendix B1 (Rate Sheet) are fully burdened and will remain fixed for the first three years of the Agreement. '
2.2. Rate Increase. Rates may be negotiated no more than once annually.
Consultant shall notify the City ninety (90) days in advance of any proposed rate increase. Any rate increases are subject to approval by the City and must be substantiated by Consultant to the satisfaction of the City. All rate adjustments must be approved by the City through an amendment to this Agreement.
2.3. Reimbursable Expenses: Consultant may pass through costs such as printing, materials, equipment, etc., in the Reimbursable Expenses Schedule below.
Expenses shall be reimbursable only to the extent that (a) Consultant submits sufficient documentation to City that the expenses were directly incurred in providing the required Services, (b) Consultant demonstrates that such expenses aren't included in the hourly rate where applicable, (c) such expenses were approved in advance, and (d) Consultant submits receipts, invoices, or other supporting documentation demonstrating that such reimbursable costs were incurred.
Professional Agreement with TRB and Associates, lnc./Exhibit B-Schedule of Fees Rev. 09-28-18
Reimbursable Expense Schedule Mark Up
1. The cost of mailing, shipping and/or delivery of No Markup any documents or materials.
2. The cost of photographing , printing, reproducing No Markup and/or copying any documents or materials.
3. Charges for outside services (including Not to exceed 10% subconsultant fees, equipment, materials, and
facilities not furnished directly by Consultant) .
4. Other reimbursable expenses with prior written
approval from the City
5. Allowable mileage will be charged at the
prevailing IRS rate per mile.
Professional Agreement with TRB and Associates , lnc./Exhibit 8-Schedule of Fees Rev. 09-28-18
No Markup
No Markup
Reimbursable Expense Schedule Mark Up
6. Unless approved in writing (e-mail acceptable) in No Markup advance, meals, lodging, and related per diem
shall not exceed the rates outlined by United
States General Services Administration (GSA).
httQs://www.gsa.gov/travel-resources. Airfare or
rental car, where applicable shall be at economy
rates.
3. PAYMENT PROVISIONS
3.1. Consultant shall provide an invoice to the City on a monthly basis for Services completed in the preceding month. The invoice must include the following information:
3.1.1. Invoice Number, Purchase Order Number/Task Order, and Invoice Period.
3.1.2. Current amount due with a time and materials breakdown: titles, hours, hourly rates, and any City approved reimbursable expenses itemized with supporting documentation.
3.2. Each invoice shall provide sufficient detail for City to verify that the rates listed in Appendix B1 are charged. Additionally, invoices should include sufficient detail to allow for accurate comparison with certified payroll submittals if applicable.
3.3. Pre-Payment. City shall not be required to pay a deposit or any other form of pre-payment prior to Consultant beginning the Services.
3.4. Payment Limited to Satisfactory Work. Consultant is not entitled to any payments until the City concludes that the Services and/or any furnished deliverables have been satisfactorily performed.
3.5. Recalculation. The City may recalculate and pay invoices based on the rates established in this Agreement.
3.6. Disputed Invoices. If the City in good faith disputes any portion of an invoice, the City shall pay the undisputed portion of the invoice and submit written notice to Consultant regarding the disputed amount. The notice shall include documentation supporting the disputed amount.
3.7. Payment. If there are no discrepancies or deficiencies in the submitted invoice and Consultant has submitted all required certified payroll, City shall process the invoice for payment.
Professional Agreement with TRB and Associates, lnc./Exhibit B-Schedule of Fees Rev. 09-28-18
APPENDIX 81 TO EXHIBIT B
RATE SHEET
CITY OF SANTA CLARA BUILDING DIVISION CONSUL TANT FEE SCHEDULE
TABLE I
Description Rate Review Percent(%)
Complete Review 65%
Complete, Non-structural 50%
Complete, No MEP 50%
Structural Only 45%
Life Safety Only 45%
Accessibility Only 25%
MEP 30%
M or E or P Only 20%
TABLE II
Labor Category Hourlv Rate
BuildinQ Official $180
Asst. BuildinQ Official $155
Sr. Plan Review EnQ. $165
Sr. Plans Examiner $130
Plan Review Eng. $140
Plans Examiner $120
Permit Tech Ill $100
Permit Tech II $85
Permit Tech I $75
Fire Protection Eng. $180
CASp $160
GradinQ/Storm Water Plan Review Eng. $190
QSP/Storm lnsp $185
IOR $175
SupervisinQ lnsp $150
Sr. lnsp $140
Inspector II $115
Inspector I $110
Intern lnsp $80
Sr. Code Enf. Officer $129
Code Enf. Officer $115
1. TABLE I. Plan review rates shall be calculated as a percentage of Building plan review fees collected by the City, as outlined in the current City Fee Schedule.
Professional Agreement with TRB and Associates, lnc./Exhibit B -Appendix B1 to Exhibit B
Rev. 09-28-18
2. The base plan review fee includes the initial plan submittal and two (2) resubmittals. Additional reviews beyond the third plan check (PC3), revisions to approved plans, deferred submittals, etc. shall be billed per the approved hourly rates outlined in Table II and require prior written approval by the City.
3. All plan reviews are subject to a $250 minimum fee.
4. All plan reviews shall be completed within ten (10) business days for the initial submittal and five (5) business days for resubmittals. For exceptionally large/complex projects, City and Consultant shall agree upon the plan review timelines and target dates prior to commencement of review.
5. For expedited reviews, when approved by the City Building Officer (CBO) or an authorized City representative, Consultant may bill at 150% of the listed plan review fee outlined in Table I and shall complete them within five (5) business days.
6. TABLE II. All rates noted are inclusive of all overhead costs of the Consultant, including but not limited to, salaries, benefits, workers' compensation, travel, miscellaneous office expenses, etc.
7. On-site staff services are subject to a minimum 4-hour fee.
8. Inspection services for publicly funded projects shall be subject to prevailing wage rates and requirements.
9. Overtime, emergency, and after-hours work will be billed at 150% of the noted hourly rates.
Professional Agreement with TRB and Associates, lnc./Exhibit B -Appendix B1 to Exhibit B
Rev. 09-28-18
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Consultant's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Consultant 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 Consultant's insurance. The minimum coverages, provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Consultant; 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 Consultant 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. 1here 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.
Professional Agreement with TRB and Associates, lnc./Exhibit C - Insurance Requirements
Rev. 09-28-18
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.
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 ind~mnification and hold harmless obligations of Consultant 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 Consultant or any subconsultant 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 Consultant. 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. 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 Consultant's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, Professional Agreement with TRB and Associates, lnc./Exhibit C - Insurance Requirements
Rev. 09-28-18
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 Consultant 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 Consultant's insurance .
3. Cancellation.
4. a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation . In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non renewal.
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
Consultant and City agree as follows:
1. Consultant agrees to ensure that subconsultants, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Consultant, provide the same minimum insurance coverage required of Consultant, except as with respect to limits. Consultant 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. Consultant agrees that upon request by City, all agreements with, and insurance compliance Professional Agreement with TRB and Associates, lnc./Exhibit C - Insurance Requirements
Rev. 09-28-18
documents provided by, such subconsultants and others engaged in the project will be submitted to City for review.
2. Consultant 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 Consultant 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 Consultant 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, Consultant, and each and every subconsultant (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. Consultant 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
Consultant 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, Consultant shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be e-mailed to [email protected] or by mail to:
EBIX Inc.
City of Santa Clara - Building
P.O. Box 100085 - S2
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
Professional Agreement with TRB and Associates, lnc./Exhibit C - Insurance Requirements
Rev. 09-28-18
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Consultant 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.
Professional Agreement with TRB and Associates, lnc./Exhibit C - Insurance Requirements
Rev. 09-28-18
EXHIBIT D
LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.
A. Prevailing Wage Requirements
1. Consultant 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. Consultant 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 4-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.
3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.
Consultants 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, Consultant 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 Professional Agreement with TRB and Associates, lnc./Exhibit D - Labor Compliance Addendum
Rev. 09-28-18
requested by the City or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
6. In addition to submitting the certified payrolls and related documentation to City, Consultant 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. Consultants MUST be a registered "public works contractor" with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a "public works contractor". Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.
10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney's fee relating to such fine.
11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
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 Professional Agreement with TRB and Associates, lnc./Exhibit D - Labor Compliance Addendum
Rev. 09-28-18
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 practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Consultant's address indicated for receipt of notices in this Agreement.
C. Enforcement
1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance . In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.
2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.
3. The City is not obligated to make any payment due to Consultant until Consultant has performed all of its obligations under these provisions.
This provision means that City can withhold all or part of a payment to Consultant until all required documentation is submitted. Any payment by the City despite Consultant'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.
Professional Agreement with TRB and Associates, lnc./Exhibit D - Labor Compliance Addendum
Rev. 09-28-18
EXHIBIT E
RANKING OF SERVICE AGREEMENTS
Buildin~ and CASp Plan Review Services
Rank Firm
1 TRB and Associates, Inc.
1 West Coast Code Consultants, Inc.
2 4LEAF, Inc.
2 Shums Coda Associates, Inc.
3 CSG Consultants, Inc.
3 True North Compliance Services, Inc.
4 BPR ConsultinQ Group
5 Plan Review Consultants, Inc.
5 UpAvanti Inc.
5 The Code Group, Inc. (VCA Code)
Building and CASp Inspection
Rank Firm
1 TRB and Associates, Inc.
1 West Coast Code Consultants, Inc.
2 4LEAF , Inc.
2 Shums Coda Associates, Inc.
3 CSG Consultants, Inc.
3 True North Compliance Services, Inc.
4 The Code Group, Inc. (VCA Code)
Professional Agreement with TRB and Associates, lnc./Exhibit E - Ranking of Service Agreements
Rev. 09-28-18
Professional Agreement with True North Compliance Services, Inc. Page 1 of 25 Rev. 09-28-18
EBIX Insurance No. S200005418
MASTER AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
TRUE NORTH COMPLIANCE SERVICES, INC.
PREAMBLE
This Agreement is entered into as of the City’s execution date (Effective Date) between the City of Santa Clara, California, a chartered California municipal corporation (City) and True North Compliance Services, Inc. , a California corporation, (Consultant). City and Consultant may be referred to individually as a “Party” or collectively as the “Parties.”
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. Consultant represents that it, and its subconsultants, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
D. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Consultant shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A – Scope of Services
Exhibit B – Schedule of Fees
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance Addendum
Professional Agreement with True North Compliance Services, Inc. Page 2 of 25 Rev. 09-28-18
Exhibit E – Ranking of Design Services Agreements
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 term of this Agreement shall begin on the Effective Date and terminate on September 15, 2029.
B. After the Initial Term, City reserves the right, at its sole discretion, to extend the term of this Agree ment for up to two (2) additional one- year terms (“Options Periods”) through September 15, 2031, if all Options Periods are exercised, in such increments as determined by City. Such extensions of the term shall be authorized through an Amendment to this Agreement executed by the Parties. The Initial Term and Option Periods shall collectively be referred to as “Term”.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Consultant shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.
A. All reports, cost estimates, plans and other documentation which may be submitted or furnished by Consultant shall be approved and signed by an appropriate qualified licensed professional in the State of California.
B. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of certificate and signature of the design professional responsible for their preparation.
4. WARRANTY
Consultant 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. Consultant 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 Consultant. If Consultant fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Consultant for the cost incurred by City.
Professional Agreement with True North Compliance Services, Inc. Page 3 of 25 Rev. 09-28-18
5. QUALIFICATIONS OF CONSULTANT - STANDARD OF CARE
Consultant 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 Consultant’s representations regarding its skills and knowledge. Consultant 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. CONFLICT OF INTEREST (FORM 700)
In accordance with the California Political Reform Act (Government Code section 81000 et seq.) and the City’s Conflict of Interest Code, Consultant shall cause each person who will be principally responsible for providing the service and deliverables under this Agreement as having to file a Form 700 to do each of the following:
A. Complete and file the Form 700 no later than thirty (30) calendar days after the date the person begins performing services under the Agreement and all subsequent Form 700s in conformance with the requirements specified in the California Political Reform Act; and
B. File the Form 700 with the City’s Clerk Office.
7. COMPENSATION AND PAYMENT
In consideration for Consultant’s complete performance of Services, City shall pay Consultant for all materials provided and Services rendered by Consultant 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.
8. 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 Consultant.
B. Termination for Default. If Consultant 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 Consultant.
Professional Agreement with True North Compliance Services, Inc. Page 4 of 25 Rev. 09-28-18
C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Consultant will deliver to City all City information or material that Consultant has in its possession.
9. ASSIGNMENT AND SUBCONTRACTING
City and Consultant 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. Consultant shall not hire subconsultants without express written permission from City. As used in this agreement the term “subconsultants” shall be interpreted to mean either subconsultants or subcontractors.
Consultant shall be as fully responsible to City for the acts and omissions of its subconsultants, and of persons either directly or indirectly employed by them, as Consultant is for the acts and omissions of persons directly employed by it.
10. 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.
11. INDEPENDENT CONTRACTOR
Consultant and all person(s) employed by or contracted with Consultant to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Consultant has full rights to manage its employees in their performance of Services under this Agreement.
12. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Consultant and all other written information submitted to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant 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 Consultant which is otherwise known to Consultant or becomes generally known to the related industry shall be deemed confidential.
13. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, Professional Agreement with True North Compliance Services, Inc. Page 5 of 25 Rev. 09-28-18
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 Consultant 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, Consultant 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.
14. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
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 Consultant for the purpose of verifying any and all charges made by Consultant in connection with Consultant compensation under this Agreement, including termination of Consultant. Consultant 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. Consultant 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.
Consultant shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Consultant agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Consultant’s Services hereunder.
15. HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, Consultant 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 Consultant, its employees, subconsultants, or agents in the performance, or non-performance, of Services under this Agreement.
16. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Consultant shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
Professional Agreement with True North Compliance Services, Inc. Page 6 of 25 Rev. 09-28-18
17. WAIVER
Consultant 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.
18. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Building
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
and
[email protected]
And to Consultant addressed as follows:
True North Compliance Services, Inc.
Attn: Isam Hasenin, President
3939 Atlantic Ave, #224
Long Beach, CA 90807
Telephone (562)733-8030 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.
19. COMPLIANCE WITH LAWS
Consultant 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, Consultant’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, Consultant has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299
).
Professional Agreement with True North Compliance Services, Inc. Page 7 of 25 Rev. 09-28-18
20. CONFLICTS OF INTEREST
Consultant certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Consultant and that no person associated with Consultant has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Consultant 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. Consultant will advise City if a conflict arises.
21. FAIR EMPLOYMENT
Consultant 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.
22. NO USE OF CITY NAME OR EMBLEM
Consultant 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.
23. 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.
24. 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.
25. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
Professional Agreement with True North Compliance Services, Inc. Page 8 of 25 Rev. 09-28-18
26. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
[SIGNATURE BLOCK ON NEXT PAGE]
Professional Agreement with True North Compliance Services, Inc. Page 9 of 25 Rev. 09-28-18
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
GLEN R. GOOGINS
City Attorney
JŌVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
TRUE NORTH COMPLIANCE SERVICES, INC. a California corporation Dated: 9/3/2024
By (Signature):
Name: Isam Hasenin
Title: President
Principal Place of
Business Address:
3939 Atlantic Ave. #224
Long Beach, CA 90807
Email Address: [email protected]
Telephone: (858)260-0495
Fax:
“CONSULTANT”
J
Professional Agreement with True North Compliance Services, Inc./Exhibit A-Scope of Services
Rev. 09-28-18
EXHIBIT A
SCOPE OF SERVICES
1. GENERAL
1.1. Consultant shall provide Plan Check Review, Field Inspections, and Related Consultant Services (Services) on an as-needed basis.
1.2. Consultant shall provide qualified and licensed personnel, along with necessary equipment and materials to perform the Services.
1.3. Unless otherwise indicated, services requiring Consultant’s onsite presence will be performed at 1500 Warburton Avenue, Santa Clara, CA 95050, during the Building Division’s regular business hours of 8:00 A.M. to 5:00 P.M. local time.
1.4. Consultant shall maintain a professional, solution- focused approach when communicating with City staff, applicants, and the public.
1.5. Certified Access Specialist (CASp) Inspectors must be certified by the California Division of the State Architect.
1.6. Structural plan review s must be performed under the responsible charge of a California-registered or licensed civil or structural engineer.
2. WORK AUTHORIZATION
2.1. Consultant acknowledges that it is one of multiple firms under contract to provide the Services. When services are required, the City will request them from the firms, starting with highest ranked firm under contract , as listed in Exhibit E.
Consultant will be authorized to proceed with the work upon notification by the City, either via email or telephone.
2.2. The City may authorize work outside of the aforementioned protocol when the City determines, in its sole discretion, that:
2.2.1. A Consultant has the expertise and staff availability to meet the schedule and best perform the work; or
2.2.2. The work is a continuation of services previously performed by the Consultant.
3. SCOPE OF SERVICES
Consultant shall provide the following services as indicated by an “X” in the box:
3.1. ☒ SERVICE AREA: BUILDING AND CASp PLAN REVIEW SERVICES Professional Agreement with True North Compliance Services, Inc./Exhibit A-Scope of Services
Rev. 09-28-18
3.1.1. Consultant shall review permit plans and associated documentation to determine compliance with the California Building Standards Code, as amended by the City of Santa C lara, and other applicable codes, regulations, ordinances, standards, and statutes.
3.1.2. Consultant shall provide comprehensive plan review annotations that proactively anticipate potential issues to avoid unexpected project delays.
3.1.3. Consultant shall employ a streamlined review process.
3.1.4. Consultant shall designate personnel to be available by telephone and/or e-mail to respond to questions from applicants, developers, City staff, the general public, and others as assigned by the City.
3.1.5. Consultant shall maintain a building plan review log of plan review assignments, including the permit number, project name, description of review, and basis for compensation for each assignment.
3.1.6. Consultant shall establish a schedule to periodically communicate the status of permits and review issues with City staff and other parties.
3.1.7. When requested by the City, Consultant shall work onsite at the City offices to perform plan review services and provide temporary staff coverage on an as-needed basis to address workload peaks or special projects. Consultant shall supervise, manage, and evaluate its own employees and will not be integrated into the City’s daily review process. Consultant shall retain control over how the services are performed and ensure that its role remains that of an i ndependent contractor.
3.2. ☒ SERVICE AREA: BUILDING AND CASp INSPECTION
3.2.1. Consultant shall provide building inspection services during the course of construction to enforce compliance with the conditions of approval, provisions of state and City building codes and ordinances, and the code requirements set forth on the approved plans for which the City issued a permit.
3.2.2. Consultant shall observe the completion of various stages of construction at each project for compliance with all relevant State and City Building Codes.
3.2.3. Consultant shall read, interpret, apply, and use knowledge of building codes, municipal codes, ordinances, and other related laws, regulations, and policies in the performance of services.
Professional Agreement with True North Compliance Services Inc./Exhibit B-Schedule of Fees
Rev. 09-28-18
EXHIBIT B
SCHEDULE OF FEES
1. MAXIMUM COMPENSATION
The aggregate maximum compensation for the agreements with the firms contracted to provide the Services, as listed in Exhibit E, is Eight Million Dollars ($8,000,000), subject to the appropriation of funds. Consultant shall not perform any Services that exceed the scope of services authorized by the City under the work authorization process outlined in Section 2 of Exhibit A. All work performed or materials provided in excess of the City’s work authorization shall be at Consultant’s expense.
2. RATES
2.1. Rate Sheet. Rates listed in Appendix B1 (Rate Sheet) are fully burdened and will remain fixed for the first three years of the Agreement.
2.2. Rate Increase. Rates may be negotiated no more than once annually.
Consultant shall notify the City ninety (90) days in advance of any proposed rate increase. Any rate increases are subject to approval by the City and must be substantiated by Consultant to the satisfaction of the City. All rate adjustments must be approved by the City through an amendment to this Agreement.
2.3. Reimbursable Expenses: Consultant may pass through costs such as printing, materials, equipment, etc., in the Reimbursable Expenses Schedule below.
Expenses shall be reimbursable only to the extent that (a) Consultant submits sufficient documentation to City that the expenses were directly incurred in providing the required Services, (b) Consultant demonstrates that such expenses aren’t included in the hourly rate where applicable, (c) such expenses were approved in advance, and (d) Consultant submits receipts, invoices, or other supporting documentation demonstrating that such reimbursable costs were incurred.
Reimbursable Expense Schedule Mark Up
1. The cost of mailing, shipping and/or delivery of
any documents or materials.
No Markup
2. The cost of photographing, printing, reproducing
and/or copying any documents or materials.
No Markup
3. Charges for outside services (including
subconsultant fees, equipment, materials, and
facilities not furnished directly by Consultant).
Not to exceed 10%
4. Other reimbursable expenses with prior written
approval from the City
No Markup
Professional Agreement with True North Compliance Services Inc./Exhibit B-Schedule of Fees
Rev. 09-28-18
Reimbursable Expense Schedule Mark Up
5. Allowable mileage will be charged at the
prevailing IRS rate per mile.
No Markup
6. Unless approved in writing (e-mail acceptable) in
advance, meals, lodging, and related per diem
shall not exceed the rates outlined by United
States General Services Administration (GSA).
https://www.gsa.gov/travel-resources. Airfare or
rental car, where applicable shall be at economy
rates.
No Markup
3. PAYMENT PROVISIONS
3.1. Consultant shall provide an invoice to the City on a monthly basis for Services completed in the preceding month. The invoice must include the following information:
3.1.1. Invoice Number, Purchase Order Number/Task Order, and Invoice Period.
3.1.2. Current amount due with a time and materials breakdown: titles, hours, hourly rates, and any City approved reimbursable expenses itemized with supporting documentation.
3.2. Each invoice shall provide sufficient detail for City to verify that the rates listed in Appendix B1 are charged. Additionally, invoices should include sufficient detail to allow for accurate comparison with certified payroll submittals if applicable.
3.3. Pre-Payment. City shall not be required to pay a deposit or any other form of pre-payment prior to Consultant beginning the Services.
3.4. Payment Limited to Satisfactory Work. Consultant is not entitled to any payments until the City concludes that the Services and/or any furnished deliverables have been satisfactorily performed.
3.5. Recalculation. The City may recalculate and pay invoices based on the rates established in this Agreement.
3.6. Disputed Invoices. If the City in g ood faith disputes any portion of an invoice, the City shall pay the undisputed portion of the invoice and submit written notice to Consultant regarding the disputed amount. The notice shall include documentation supporting the disputed amount.
Professional Agreement with True North Compliance Services Inc./Exhibit B-Schedule of Fees
Rev. 09-28-18
3.7. Payment. If there are no discrepancies or deficiencies in the submitted invoice and Consultant has submitted all required certified payroll, City shall process the invoice for payment.
Professional Agreement with True North Compliance Services, Inc./Exhibit B – Appendix B1 to Exhibit B
Rev. 09-28-18
APPENDIX B1 TO EXHIBIT B
RATE SHEET
CITY OF SANTA CLARA BUILDING DIVISION CONSULTANT FEE SCHEDULE
TABLE I
Description Rate Review Percent (%)
Complete Review 65%
Complete, Non-structural 50%
Complete, No MEP 50%
Structural Only 45%
Life Safety Only 45%
Accessibility Only 25%
MEP 30%
M or E or P Only 20%
TABLE II
Labor Category Hourly Rate
Building Official $180
Asst. Building Official $155
Sr. Plan Review Eng. $165
Sr. Plans Examiner $130
Plan Review Eng. $140
Plans Examiner $120
Permit Tech IIl $100
Permit Tech ll $85
Permit Tech I $75
Fire Protection Eng. $180
CASp $160
Grading/Storm Water Plan Review Eng. $190
QSP/Storm Insp $185
IOR $175
Supervising Insp $150
Sr. Insp $140
Inspector II $115
Inspector I $110
Intern Insp $80
Sr. Code Enf. Officer $129
Code Enf. Officer $115
1. TABLE I. Plan review rates shall be calculated as a percentage of Building plan review fees collected by the City, as outlined in the current City Fee Schedule.
Professional Agreement with True North Compliance Services, Inc./Exhibit B – Appendix B1 to Exhibit B
Rev. 09-28-18
2. The base plan review fee includes the initial plan submittal and two (2) resubmittals. Additional reviews beyond the third plan check (PC3), revisions to approved plans, deferred submittals, etc. shall be billed per the approved hourly rates outlined in Table II and require prior written approval by the City.
3. All plan reviews are subject to a $250 minimum fee.
4. All plan reviews shall be completed within ten (10) business days for the initial submittal and five (5) business days for resubmittals. For exceptionally large/complex projects, City and Consultant shall agree upon the plan review timelines and target dates prior to commencement of review.
5. For expedited reviews, when approved by the City Building Officer (CBO) or an authorized City representative, Consultant may bill at 150% of the listed plan review fee outlined in Table I and shall complete them within five (5) business days.
6. TABLE II. All rates noted are inclusive of all overhead costs of the Consultant, including but not limited to, salaries, benefits, workers’ compensation, travel, miscellaneous office expenses, etc.
7. On-site staff services are subject to a minimum 4-hour fee.
8. Inspection services for publicly funded projects shall be subject to prevailing wage rates and requirements.
9. Overtime, emergency, and after-hours work will be billed at 150% of the noted hourly rates.
Professional Agreement with True North Compliance Services, Inc./Exhibit C – Insurance Requirements
Rev. 09-28-18
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Consultant’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Consultant 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 Consultant’s insurance. The minimum coverages, provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Consultant; 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 Consultant 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.
Professional Agreement with True North Compliance Services, Inc./Exhibit C – Insurance Requirements
Rev. 09-28-18
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.
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 Consultant 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 Consultant or any subconsultant 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 Consultant. 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. 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 Consultant’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85,
Professional Agreement with True North Compliance Services, Inc./Exhibit C – Insurance Requirements
Rev. 09-28-18
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 Consultant 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 Consultant’s insurance.
3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non- renewal.
4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.
F. ADDITIONAL INSURANCE RELATED PROVISIONS
Consultant and City agree as follows:
1. Consultant agrees to ensure that subconsultants, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Consultant, provide the same minimum insurance coverage required of Consultant, except as with respect to limits. Consultant 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. Consultant agrees
Professional Agreement with True North Compliance Services, Inc./Exhibit C – Insurance Requirements
Rev. 09-28-18
that upon request by City, all agreements with, and insurance compliance documents provided by, such subconsultants and others engaged in the project will be submitted to City for review.
2. Consultant 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 Consultant 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 Consultant 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, Consultant, and each and every subconsultant (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. Consultant 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
Consultant 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, Consultant shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be e-mailed to [email protected]
or by mail to:
EBIX Inc.
City of Santa Clara – Building
P.O. Box 100085 – S2
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
Professional Agreement with True North Compliance Services, Inc./Exhibit C – Insurance Requirements
Rev. 09-28-18
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Consultant 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.
Professional Agreement with True North Compliance Services, Inc./Exhibit D – Labor Compliance Addendum
Rev. 09-28-18
EXHIBIT D
LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.
A. Prevailing Wage Requirements
1. Consultant 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. Consultant is also required to have a copy of the applicable wage determination posted and/or available at each job site.
2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.
3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.
Consultants 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, Consultant 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
Professional Agreement with True North Compliance Services, Inc./Exhibit D – Labor Compliance Addendum
Rev. 09-28-18
requested by the City or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
6. In addition to submitting the certified payrolls and related documentation to City, Consultant 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. Consultants MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a “public works contractor”. Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.
10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney’s fee relating to such fine.
11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
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
Professional Agreement with True North Compliance Services, Inc./Exhibit D – Labor Compliance Addendum
Rev. 09-28-18
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 practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Consultant’s address indicated for receipt of notices in this Agreement.
C. Enforcement
1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.
2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.
3. The City is not obligated to make any payment due to Consultant until Consultant has performed all of its obligations under these provisions.
This provision means that City can withhold all or part of a payment to Consultant until all required documentation is submitted. Any payment by the City despite Consultant’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.
Professional Agreement with True North Compliance Services, Inc./Exhibit E – Ranking of Service Agreements
Rev. 09-28-18
EXHIBIT E
RANKING OF SERVICE AGREEMENTS
Building and CASp Plan Review Services
Rank Firm
1 TRB and Associates, Inc.
1 West Coast Code Consultants, Inc.
2 4LEAF, Inc.
2 Shums Coda Associates, Inc.
3 CSG Consultants, Inc.
3 True North Compliance Services, Inc.
4 BPR Consulting Group
5 Plan Review Consultants, Inc.
5 UpAvanti Inc.
5 The Code Group, Inc. (VCA Code)
Building and CASp Inspection
Rank Firm
1 TRB and Associates, Inc.
1 West Coast Code Consultants, Inc.
2 4LEAF, Inc.
2 Shums Coda Associates, Inc.
3 CSG Consultants, Inc.
3 True North Compliance Services, Inc.
4 The Code Group, Inc. (VCA Code)
Professional Agreement with UpAvanti Inc. Page 1 of 25 Rev. 09-28-18
EBIX Insurance No. S200005420
M
ASTER AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
UPAVANTI INC.
PREAMBLE
This Agreement is entered into as of the City’s execution date (Effective Date) between the City of Santa Clara, California, a chartered California municipal corporation (City) and UpAvanti Inc., a California corporation, (Consultant). City and Consultant may be referred to individually as a “Party” or collectively as the “Parties.”
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. Consultant represents that it, and its subconsultants, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
D. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Consultant shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A – Scope of Services
Exhibit B – Schedule of Fees
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance Addendum
Professional Agreement with UpAvanti Inc. Page 2 of 25 Rev. 09-28-18
Exhibit E – Ranking of Design Services Agreements
Th
is 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 term of this Agreement shall begin on the Effective Date and terminate on September 15, 2029.
B. After the Initial Term, City reserves the right, at its sole discretion, to extend the term of this Agreement for up to two (2) additional one-year terms (“Options Periods”) through September 15, 2031, if all Options Periods are exercised, in such increments as determined by City. Such extensions of the term shall be authorized through an Amendment to this Agreement executed by the Parties. The Initial Term and Option Periods shall collectively be referred to as “Term”.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Consultant shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.
A. All reports, cost estimates, plans and other documentation which may be submitted or furnished by Consultant shall be approved and signed by an appropriate qualified licensed professional in the State of California.
B. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of certificate and signature of the design professional responsible for their preparation.
4. WARRANTY
Consultant 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. Consultant 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 Consultant. If Consultant fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Consultant for the cost incurred by City.
Professional Agreement with UpAvanti Inc. Page 3 of 25 Rev. 09-28-18
5. QUALIFICATIONS OF CONSULTANT - STANDARD OF CARE
C
onsultant 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 Consultant’s representations regarding its skills and knowledge. Consultant 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. CONFLICT OF INTEREST (FORM 700)
In accordance with the California Political Reform Act (Government Code section 81000 et seq.) and the City’s Conflict of Interest Code, Consultant shall cause each person who will be principally responsible for providing the service and deliverables under this Agreement as having to file a Form 700 to do each of the following:
A. Complete and file the Form 700 no later than thirty (30) calendar days after the date the person begins performing services under the Agreement and all subsequent Form 700s in conformance with the requirements specified in the California Political Reform Act; and
B. File the Form 700 with the City’s Clerk Office.
7. COMPENSATION AND PAYMENT
In consideration for Consultant’s complete performance of Services, City shall pay Consultant for all materials provided and Services rendered by Consultant 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.
8. 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 Consultant.
B. Termination for Default. If Consultant 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 Consultant.
Professional Agreement with UpAvanti Inc. Page 4 of 25 Rev. 09-28-18
C. Upon termination, each Party shall assist the other in arranging an orderly t
ransfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Consultant will deliver to City all City information or material that Consultant has in its possession.
9. ASSIGNMENT AND SUBCONTRACTING
City and Consultant 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. Consultant shall not hire subconsultants without express written permission from City. As used in this agreement the term “subconsultants” shall be interpreted to mean either subconsultants or subcontractors.
Consultant shall be as fully responsible to City for the acts and omissions of its subconsultants, and of persons either directly or indirectly employed by them, as Consultant is for the acts and omissions of persons directly employed by it.
10. 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.
11. INDEPENDENT CONTRACTOR
Consultant and all person(s) employed by or contracted with Consultant to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Consultant has full rights to manage its employees in their performance of Services under this Agreement.
12. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Consultant and all other written information submitted to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant 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 Consultant which is otherwise known to Consultant or becomes generally known to the related industry shall be deemed confidential.
13. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, Professional Agreement with UpAvanti Inc. Page 5 of 25 Rev. 09-28-18
maps, calculations, photographs, reports, designs, technology, programming, w
orks of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Consultant 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, Consultant 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.
14. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
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 Consultant for the purpose of verifying any and all charges made by Consultant in connection with Consultant compensation under this Agreement, including termination of Consultant. Consultant 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. Consultant 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.
Consultant shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Consultant agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Consultant’s Services hereunder.
15. HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, Consultant 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 Consultant, its employees, subconsultants, or agents in the performance, or non-performance, of Services under this Agreement.
16. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Consultant shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
Professional Agreement with UpAvanti Inc. Page 6 of 25 Rev. 09-28-18
17. WAIVER
C
onsultant 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.
18. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Building
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected] and
[email protected]
And to Consultant addressed as follows:
UpAvanti Inc.
Attn: Sarah Deyhimi, PE, CASp, CBO
Mailing Address: P.O. Box 254, Rancho Cordova, CA 95670 Physical Address: 5305 Otter Pond Way, Rancho Cordova, CA 95742 Telephone (916)250-1101 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.
19. COMPLIANCE WITH LAWS
Consultant 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, Consultant’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, Consultant has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).
Professional Agreement with UpAvanti Inc. Page 7 of 25 Rev. 09-28-18
20. CONFLICTS OF INTEREST
C
onsultant certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Consultant and that no person associated with Consultant has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Consultant 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. Consultant will advise City if a conflict arises.
21. FAIR EMPLOYMENT
Consultant 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.
22. NO USE OF CITY NAME OR EMBLEM
Consultant 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.
23. 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.
24. 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.
25. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
Professional Agreement with UpAvanti Inc. Page 8 of 25 Rev. 09-28-18
26. COUNTERPARTS
Th
is 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.
[SIGNATURE BLOCK ON NEXT PAGE]
Professional Agreement with UpAvanti Inc. Page 9 of 25 Rev. 09-28-18
Th
e 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
A
pproved as to Form: Dated:
GLEN R. GOOGINS
City Attorney
JŌVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
U
PAVANTI INC. a California corporation
Dated:
By (Signature):
Name: Sarah Deyhimi
Title: Principal
Principal Place of
Business Address:
5305 Otter Pond Way
Rancho Cordova, CA 95742
Email Address: [email protected]
Telephone: (916)250-1101
Fax:
“CONSULTANT”
09/03/2024
Professional Agreement with UpAvanti Inc./Exhibit A-Scope of Services
Rev. 09-28-18
EXHIBIT A
S
COPE OF SERVICES
1. GENERAL
1.1. Consultant shall provide Plan Check Review, Field Inspections, and Related Consultant Services (Services) on an as-needed basis.
1.2. Consultant shall provide qualified and licensed personnel, along with necessary equipment and materials to perform the Services.
1.3. Unless otherwise indicated, services requiring Consultant’s onsite presence will be performed at 1500 Warburton Avenue, Santa Clara, CA 95050, during the Building Division’s regular business hours of 8:00 A.M. to 5:00 P.M. local time.
1.4. Consultant shall maintain a professional, solution-focused approach when communicating with City staff, applicants, and the public.
1.5. Certified Access Specialist (CASp) Inspectors must be certified by the California Division of the State Architect.
1.6. Structural plan reviews must be performed under the responsible charge of a California-registered or licensed civil or structural engineer.
2. WORK AUTHORIZATION
2.1. Consultant acknowledges that it is one of multiple firms under contract to provide the Services. When services are required, the City will request them from the firms, starting with highest ranked firm under contract, as listed in Exhibit E.
Consultant will be authorized to proceed with the work upon notification by the City, either via email or telephone.
2.2. The City may authorize work outside of the aforementioned protocol when the City determines, in its sole discretion, that:
2.2.1. A Consultant has the expertise and staff availability to meet the schedule and best perform the work; or
2.2.2. The work is a continuation of services previously performed by the Consultant.
3. SCOPE OF SERVICES
Consultant shall provide the following services as indicated by an “X” in the box:
3.1. ☒ S
ERVICE AREA: BUILDING AND CASp PLAN REVIEW SERVICES
Professional Agreement with UpAvanti Inc./Exhibit A-Scope of Services
Rev. 09-28-18
3.1.1. C onsultant shall review permit plans and associated documentation to determine compliance with the California Building Standards Code, as amended by the City of Santa Clara, and other applicable codes, regulations, ordinances, standards, and statutes.
3.1.2. Consultant shall provide comprehensive plan review annotations that proactively anticipate potential issues to avoid unexpected project delays.
3.1.3. Consultant shall employ a streamlined review process.
3.1.4. Consultant shall designate personnel to be available by telephone and/or e-mail to respond to questions from applicants, developers, City staff, the general public, and others as assigned by the City.
3.1.5. Consultant shall maintain a building plan review log of plan review assignments, including the permit number, project name, description of review, and basis for compensation for each assignment.
3.1.6. Consultant shall establish a schedule to periodically communicate the status of permits and review issues with City staff and other parties.
3.1.7. When requested by the City, Consultant shall work onsite at the City offices to perform plan review services and provide temporary staff coverage on an as-needed basis to address workload peaks or special projects. Consultant shall supervise, manage, and evaluate its own employees and will not be integrated into the City’s daily review process. Consultant shall retain control over how the services are performed and ensure that its role remains that of an independent contractor.
3.2. ☐ S
ERVICE AREA: BUILDING AND CASp INSPECTION
3.2.1. Consultant shall provide building inspection services during the course of construction to enforce compliance with the conditions of approval, provisions of state and City building codes and ordinances, and the code requirements set forth on the approved plans for which the City issued a permit.
3.2.2. Consultant shall observe the completion of various stages of construction at each project for compliance with all relevant State and City Building Codes.
3.2.3. Consultant shall read, interpret, apply, and use knowledge of building codes, municipal codes, ordinances, and other related laws, regulations, and policies in the performance of services.
Professional Agreement with UpAvanti Inc./Exhibit B-Schedule of Fees
Rev. 09-28-18
EXHIBIT B
S
CHEDULE OF FEES
1. MAXIMUM COMPENSATION
The aggregate maximum compensation for the agreements with the firms contracted to provide the Services, as listed in Exhibit E, is Eight Million Dollars ($8,000,000), subject to the appropriation of funds. Consultant shall not perform any Services that exceed the scope of services authorized by the City under the work authorization process outlined in Section 2 of Exhibit A. All work performed or materials provided in excess of the City’s work authorization shall be at Consultant’s expense.
2. RATES
2.1. Rate Sheet. Rates listed in Appendix B1 (Rate Sheet) are fully burdened and will remain fixed for the first three years of the Agreement.
2.2. Rate Increase. Rates may be negotiated no more than once annually.
Consultant shall notify the City ninety (90) days in advance of any proposed rate increase. Any rate increases are subject to approval by the City and must be substantiated by Consultant to the satisfaction of the City. All rate adjustments must be approved by the City through an amendment to this Agreement.
2.3. Reimbursable Expenses: Consultant may pass through costs such as printing, materials, equipment, etc., in the Reimbursable Expenses Schedule below.
Expenses shall be reimbursable only to the extent that (a) Consultant submits sufficient documentation to City that the expenses were directly incurred in providing the required Services, (b) Consultant demonstrates that such expenses aren’t included in the hourly rate where applicable, (c) such expenses were approved in advance, and (d) Consultant submits receipts, invoices, or other supporting documentation demonstrating that such reimbursable costs were incurred.
Professional Agreement with UpAvanti Inc./Exhibit B-Schedule of Fees
Rev. 09-28-18
Reimbursable Expense Schedule Mark Up
1. The cost of mailing, shipping and/or delivery of
any documents or materials.
No Markup
2. The cost of photographing, printing, reproducing
and/or copying any documents or materials.
No Markup
3. Charges for outside services (including
subconsultant fees, equipment, materials, and
facilities not furnished directly by Consultant).
Not to exceed 10%
4. Other reimbursable expenses with prior written
approval from the City
No Markup
5. Allowable mileage will be charged at the
prevailing IRS rate per mile.
No Markup
Professional Agreement with UpAvanti Inc./Exhibit B-Schedule of Fees
Rev. 09-28-18
Reimbursable Expense Schedule Mark Up
6. Unless approved in writing (e-mail acceptable) in
advance, meals, lodging, and related per diem
shall not exceed the rates outlined by United
States General Services Administration (GSA).
https://www.gsa.gov/travel-resources. Airfare or
rental car, where applicable shall be at economy
rates.
No Markup
3. PAYMENT PROVISIONS
3.1. Consultant shall provide an invoice to the City on a monthly basis for Services completed in the preceding month. The invoice must include the following information:
3.1.1. Invoice Number, Purchase Order Number/Task Order, and Invoice Period.
3.1.2. Current amount due with a time and materials breakdown: titles, hours, hourly rates, and any City approved reimbursable expenses itemized with supporting documentation.
3.2. Each invoice shall provide sufficient detail for City to verify that the rates listed in Appendix B1 are charged. Additionally, invoices should include sufficient detail to allow for accurate comparison with certified payroll submittals if applicable.
3.3. Pre-Payment. City shall not be required to pay a deposit or any other form of pre-payment prior to Consultant beginning the Services.
3.4. Payment Limited to Satisfactory Work. Consultant is not entitled to any payments until the City concludes that the Services and/or any furnished deliverables have been satisfactorily performed.
3.5. Recalculation. The City may recalculate and pay invoices based on the rates established in this Agreement.
3.6. Disputed Invoices. If the City in good faith disputes any portion of an invoice, the City shall pay the undisputed portion of the invoice and submit written notice to Consultant regarding the disputed amount. The notice shall include documentation supporting the disputed amount.
3.7. Payment. If there are no discrepancies or deficiencies in the submitted invoice and Consultant has submitted all required certified payroll, City shall process the invoice for payment.
P
rofessional Agreement with UpAvanti Inc./Exhibit B – Appendix B1 to Exhibit B
Rev. 09-28-18
APPENDIX B1 TO EXHIBIT B
R
ATE SHEET
CITY OF SANTA CLARA BUILDING DIVISION CONSULTANT FEE SCHEDULE
TABLE I
Description Rate Review Percent (%)
Complete Review 65%
Complete, Non-structural 50%
Complete, No MEP 50%
Structural Only 45%
Life Safety Only 45%
Accessibility Only 25%
MEP 30%
M or E or P Only 20%
TABLE II
Labor Category Hourly Rate
Building Official $180
Asst. Building Official $155
Sr. Plan Review Eng. $165
Sr. Plans Examiner $130
Plan Review Eng. $140
Plans Examiner $120
Permit Tech IIl $100
Permit Tech ll $85
Permit Tech I $75
Fire Protection Eng. $180
CASp $160
Grading/Storm Water Plan Review Eng. $190
QSP/Storm Insp $185
IOR $175
Supervising Insp $150
Sr. Insp $140
Inspector II $115
Inspector I $110
Intern Insp $80
Sr. Code Enf. Officer $129
Code Enf. Officer $115
1. TABLE I. Plan review rates shall be calculated as a percentage of Building plan review fees collected by the City, as outlined in the current City Fee Schedule.
P
rofessional Agreement with UpAvanti Inc./Exhibit B – Appendix B1 to Exhibit B
Rev. 09-28-18
2. The base plan review fee includes the initial plan submittal and two (2) r
esubmittals. Additional reviews beyond the third plan check (PC3), revisions to approved plans, deferred submittals, etc. shall be billed per the approved hourly rates outlined in Table II and require prior written approval by the City.
3. All plan reviews are subject to a $250 minimum fee.
4. All plan reviews shall be completed within ten (10) business days for the initial submittal and five (5) business days for resubmittals. For exceptionally large/complex projects, City and Consultant shall agree upon the plan review timelines and target dates prior to commencement of review.
5. For expedited reviews, when approved by the City Building Officer (CBO) or an authorized City representative, Consultant may bill at 150% of the listed plan review fee outlined in Table I and shall complete them within five (5) business days.
6. TABLE II. All rates noted are inclusive of all overhead costs of the Consultant, including but not limited to, salaries, benefits, workers’ compensation, travel, miscellaneous office expenses, etc.
7. On-site staff services are subject to a minimum 4-hour fee.
8. Inspection services for publicly funded projects shall be subject to prevailing wage rates and requirements.
9. Overtime, emergency, and after-hours work will be billed at 150% of the noted hourly rates.
P
rofessional Agreement with UpAvanti Inc./Exhibit C – Insurance Requirements
Rev. 09-28-18
EXHIBIT C
I
NSURANCE REQUIREMENTS
Without limiting the Consultant’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Consultant 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 Consultant’s insurance. The minimum coverages, provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Consultant; 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 Consultant 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.
P
rofessional Agreement with UpAvanti Inc./Exhibit C – Insurance Requirements
Rev. 09-28-18
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
B
usiness automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.
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 Consultant 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 Consultant or any subconsultant 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 Consultant. 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. 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 Consultant’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85,
P
rofessional Agreement with UpAvanti Inc./Exhibit C – Insurance Requirements
Rev. 09-28-18
or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its e
quivalent.
2. Primary and non-contributing. Each insurance policy provided by Consultant 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 Consultant’s insurance.
3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non- renewal.
4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.
F. ADDITIONAL INSURANCE RELATED PROVISIONS
Consultant and City agree as follows:
1. Consultant agrees to ensure that subconsultants, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Consultant, provide the same minimum insurance coverage required of Consultant, except as with respect to limits. Consultant 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. Consultant agrees
P
rofessional Agreement with UpAvanti Inc./Exhibit C – Insurance Requirements
Rev. 09-28-18
that upon request by City, all agreements with, and insurance compliance d
ocuments provided by, such subconsultants and others engaged in the project will be submitted to City for review.
2. Consultant 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 Consultant 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 Consultant 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, Consultant, and each and every subconsultant (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. Consultant 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
Consultant 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, Consultant shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be e-mailed to [email protected] or by mail to:
EBIX Inc.
City of Santa Clara – Building
P.O. Box 100085 – S2
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
P
rofessional Agreement with UpAvanti Inc./Exhibit C – Insurance Requirements
Rev. 09-28-18
I. QUALIFYING INSURERS
A
ll of the insurance companies providing insurance for Consultant 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.
P
rofessional Agreement with UpAvanti Inc./Exhibit D – Labor Compliance Addendum
Rev. 09-28-18
EXHIBIT D
LA
BOR 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.
A. Prevailing Wage Requirements
1. Consultant 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. Consultant is also required to have a copy of the applicable wage determination posted and/or available at each job site.
2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.
3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.
Consultants 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, Consultant 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
P
rofessional Agreement with UpAvanti Inc./Exhibit D – Labor Compliance Addendum
Rev. 09-28-18
requested by the City or its designee including, but not limited to: certified p
ayroll, 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, Consultant 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. Consultants MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a “public works contractor”. Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.
10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney’s fee relating to such fine.
11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
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
P
rofessional Agreement with UpAvanti Inc./Exhibit D – Labor Compliance Addendum
Rev. 09-28-18
Auditor, City Manager, or a designated representative of any of these officers. Copies of s
uch records or documents shall be provided to City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Consultant’s address indicated for receipt of notices in this Agreement.
C. Enforcement
1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.
2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.
3. The City is not obligated to make any payment due to Consultant until Consultant has performed all of its obligations under these provisions.
This provision means that City can withhold all or part of a payment to Consultant until all required documentation is submitted. Any payment by the City despite Consultant’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.
P
rofessional Agreement with UpAvanti Inc./Exhibit E – Ranking of Service Agreements
Rev. 09-28-18
EXHIBIT E
R
ANKING OF SERVICE AGREEMENTS
Building and CASp Plan Review Services
Rank Firm
1 TRB and Associates, Inc.
1 West Coast Code Consultants, Inc.
2 4LEAF, Inc.
2 Shums Coda Associates, Inc.
3 CSG Consultants, Inc.
3 True North Compliance Services, Inc.
4 BPR Consulting Group
5 Plan Review Consultants, Inc.
5 UpAvanti Inc.
5 The Code Group, Inc. (VCA Code)
Building and CASp Inspection
Rank Firm
1 TRB and Associates, Inc.
1 West Coast Code Consultants, Inc.
2 4LEAF, Inc.
2 Shums Coda Associates, Inc.
3 CSG Consultants, Inc.
3 True North Compliance Services, Inc.
4 The Code Group, Inc. (VCA Code)
EBIX Insurance No. S200004374
MASTER AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
WEST COAST CODE CONSULTANTS, INC.
PREAMBLE
This Agreement is entered into as of the City's execution date (Effective Date) between the City of Santa Clara, California, a chartered California municipal corporation (City) and West Coast Code Consultants, Inc. a California corporation, (Consultant). City and Consultant may be referred to individually as a "Party" or collectively as the "Parties."
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. Consultant represents that it, and its subconsultants, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
D. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Consultant shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A - Scope of Services
Exhibit B - Schedule of Fees
Exhibit C - Insurance Requirements
Exhibit D - Labor Compliance Addendum
Professional Agreement with West Coast Code Consultants Inc.
Rev. 09-28-18
Exhibit E - Ranking of Design Services Agreements
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.
1. 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 term of this Agreement shall begin on the Effective Date and terminate on September 15, 2029.
8. After the Initial Term, City reserves the right, at its sole discretion, to extend the term of this Agreement for up to two (2) additional one-year terms ("Options Periods") through September 15, 2031, if all Options Periods are exercised, in such increments as determined by City. Such extensions of the term shall be authorized through an Amendment to this Agreement executed by the Parties. The Initial Term and Option Periods shall collectively be referred to as "Term".
2. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Consultant shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.
A. All reports, cost estimates, plans and other documentation which may be submitted or furnished by Consultant shall be approved and signed by an appropriate qualified licensed professional in the State of California.
8. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of certificate and signature of the design professional responsible for their preparation.
2. WARRANTY
Consultant 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. Consultant 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 Consultant. If Consultant fails to promptly correct or replace materials or services, City may Professional Agreement with West Coast Code Consultants Inc.
Rev. 09-28-18
make corrections or replace materials or services and charge Consultant for the cost incurred by City.
3. QUALIFICATIONS OF CONSULTANT-STANDARD OF CARE
Consultant 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 Consultant's representations regarding its skills and knowledge. Consultant 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.
4. CONFLICT OF INTEREST (FORM 700)
In accordance with the California Political Reform Act (Government Code section 81000 et seq.) and the City's Conflict of Interest Code, Consultant shall cause each person who will be principally responsible for providing the service and deliverables under this Agreement as having to file a Form 700 to do each of the following:
A. Complete and file the Form 700 no later than thirty (30) calendar days after the date the person begins performing services under the Agreement and all subsequent Form 700s in conformance with the requirements specified in the California Political Reform Act; and
B. File the Form 700 with the City's Clerk Office.
5. COMPENSATION AND PAYMENT
In consideration for Consultant's complete performance of Services, City shall pay Consultant for all materials provided and Services rendered by Consultant 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.
6. 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 Consultant.
B. Termination for Default. If Consultant fails to perform any of its material obligations under this Agreement, in addition to all other remedies Professional Agreement with West Coast Code Consultants Inc.
Rev. 09-28-18
provided by law, City may terminate this Agreement immediately upon written notice to Consultant.
C. Upon termination , each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Consultant will deliver to City all City information or material that Consultant has in its possession.
7. ASSIGNMENT AND SUBCONTRACTING
City and Consultant 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. Consultant shall not hire subconsultants without express written permission from City. As used in this agreement the term "subconsultants " shall be interpreted to mean either subconsultants or subcontractors.
Consultant shall be as fully responsible to City for the acts and omissions of its subconsultants , and of persons either directly or indirectly employed by them, as Consultant is for the acts and omissions of persons directly employed by it.
8. 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.
9. INDEPENDENT CONTRACTOR
Consultant and all person(s) employed by or contracted with Consultant to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Consultant has full rights to manage its employees in their performance of Services under this Agreement.
10. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda , specifications , plans, manufacturing procedures, data, drawings , descriptions, documents , discussions or other information developed or received by or for Consultant and all other written information submitted to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant 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 Consultant which is otherwise known to Consultant or becomes generally known to the related industry shall be deemed confidential.
11. OWNERSHIP OF MATERIAL
Professional Agreement with West Coast Code Consultants Inc.
Rev. 09-28-18
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 Consultant 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, Consultant 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.
12. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
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 Consultant for the purpose of verifying any and all charges made by Consultant in connection with Consultant compensation under this Agreement, including termination of Consultant. Consultant 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. Consultant 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.
Consultant shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Consultant agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to Consultant's Services hereunder.
13. HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, Consultant 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 Consultant, its employees, subconsultants, or agents in the performance, or non-performance, of Services under this Agreement.
14. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Consultant shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
15. WAIVER
Professional Agreement with West Coast Code Consultants Inc.
Rev. 09-28-18
Consultant 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.
16. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Building
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected] and
[email protected]
And to Consultant addressed as follows:
West Coast Code Consultants , Inc.
Attn: Giyan Senaratne, Principal/CEO
5000 Executive Pkwy, Suite 510
San Ramon, CA 94583
Telephone (925)275-1700 and by e-mail at giyan@WC -3.com 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.
17. COMPLIANCE WITH LAWS
Consultant 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 , Consultant'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, Consultant has read and agrees to comply with City's Ethical Standards (http://santaclaraca.gov/home/showdocumen t?id=58299).
18. CONFLICTS OF INTEREST
Consultant certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Consultant Professional Agreement with West Coast Code Consultants Inc.
Rev. 09-28-18
and that no person associated with Consultant has any interest, direct or indirect , which could conflict with the faithful performance of this Agreement. Consultant 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. Consultant will advise City if a conflict arises.
19. FAIR EMPLOYMENT
Consultant 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.
20. NO USE OF CITY NAME OR EMBLEM
Consultant 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.
21. 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 .
3. 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.
22. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
23. 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.
Professional Agreement with West Coast Code Consultants Inc.
Rev. 09-28-18
[SIGNATURE BLOCK ON NEXT PAGE]
Professional Agreement with West Coast Code Consultants Inc.
Rev. 09-28-18
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
Approved as to Form:
GLEN R. GOOGINS
City Attorney
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated:
Dated:
"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
a California corporation
___,,~ .,_--fF--h:--1-J---......__ ________ _
By (Signature): ~ (ZJ_~ ~~f!E.~==~~ ::__ ____ _
Name: - ~ -+----------------
Tit I e: 1----1- ----------------
P r inc i pa I Place of 50 0 Executive Pkwy, Suite 510
Business Address: n Ramon, CA 94583 ___;_,;____;___;----'-....:...,_.......:....__;....:....... ________ _ Email Address: __.g.._i.._ya_n .... @ __ W_C_-_3_.c_o_m __________ _ Telephone : (925) 275-1700 ~-~---------------
Fax: (925)275-0600
"CONSULTANT"
Professional Agreement with West Coast Code Consultants Inc.
Rev. 09-28-18
1. GENERAL
EXHIBIT A
SCOPE OF SERVICES
1.1. Consultant shall provide Plan Check Review, Field Inspections, and Related Consultant Services (Services) on an as-needed basis.
1.2. Consultant shall provide qualified and licensed personnel, along with necessary equipment and materials to perform the Services.
1.3. Unless otherwise indicated, services requiring Consultant's onsite presence will be performed at 1500 Warburton Avenue, Santa Clara, CA 95050, during the Building Division's regular business hours of 8:00 A.M. to 5:00 P.M. local time.
1.4. Consultant shall maintain a professional, solution-focused approach when communicating with City staff, applicants, and the public.
1.5. Certified Access Specialist (CASp) Inspectors must be certified by the California Division of the State Architect.
1.6. Structural plan reviews must be performed under the responsible charge of a California-registered or licensed civil or structural engineer.
2. WORK AUTHORIZATION
2.1. Consultant acknowledges that it is one of multiple firms under contract to provide the Services. When services are required, the City will request them from the firms, starting with highest ranked firm under contract, as listed in Exhibit E. Consultant will be authorized to proceed with the work upon notification by the City, either via email or telephone.
2.2. The City may authorize work outside of the aforementioned protocol when the City determines, in its sole discretion, that:
2.2.1. A Consultant has the expertise and staff availability to meet the schedule and best perform the work; or
2.2.2. The work is a continuation of services previously performed by the Consultant.
3. SCOPE OF SERVICES
Consultant shall provide the following services as indicated by an "X" in the box:
3.1. 181 SERVICE AREA: BUILDING AND CASp PLAN REVIEW SERVICES Professional Agreement with West Coast Code Consultants , Inc. /Exhibit A-Scope of Services
Rev. 09-28-18
3.1.1. Consultant shall review permit plans and associated documentation to determine compliance with the California Building Standards Code, as amended by the City of Santa Clara, and other applicable codes, regulations, ordinances, standards, and statutes.
3.1.2. Consultant shall provide comprehensive plan review annotations that proactively anticipate potential issues to avoid unexpected project delays.
3.1.3. Consultant shall employ a streamlined review process.
3.1.4. Consultant shall designate personnel to be available by telephone and/or e-mail to respond to questions from applicants, developers, City staff, the general public, and others as assigned by the City.
3.1.5. Consultant shall maintain a building plan review log of plan review assignments, including the permit number, project name, description of review, and basis for compensation for each assignment.
3.1.6. Consultant shall establish a schedule to periodically communicate the status of permits and review issues with City staff and other parties.
3.1.7. When requested by the City, Consultant shall work onsite at the City offices to perform plan review services and provide temporary staff coverage on an as-needed basis to address workload peaks or special projects. Consultant shall supervise, manage, and evaluate its own employees and will not be integrated into the City's daily review process. Consultant shall retain control over how the services are performed and ensure that its role remains that of an independent contractor.
3.2. 181 SERVICE AREA: BUILDING AND CASp INSPECTION
3.2.1. Consultant shall provide building inspection services during the course of construction to enforce compliance with the conditions of approval, provisions of state and City building codes and ordinances, and the code requirements set forth on the approved plans for which the City issued a permit.
3.2.2. Consultant shall observe the completion of various stages of construction at each project for compliance with all relevant State and City Building Codes.
3.2.3. Consultant shall read, interpret, apply, and use knowledge of building codes, municipal codes, ordinances, and other related laws, regulations, and policies in the performance of services.
Professional Agreement with West Coast Code Consultants, Inc. /Exhibit A-Scope of Services
Rev. 09-28-18
EXHIBIT B
SCHEDULE OF FEES
1. MAXIMUM COMPENSATION
The aggregate maximum compensation for the agreements with the firms contracted to provide the Services, as listed in Exhibit E, is Eight Million Dollars ($8,000,000) , subject to the appropriation of funds. Consultant shall not perform any Services that exceed the scope of services authorized by the City under the work authorization process outlined in Section 2 of Exhibit A. All work performed or materials provided in excess of the City's work authorization shall be at Consultant's expense.
2. RATES
3.3. Rate Sheet. Rates listed in Appendix B 1 (Rate Sheet) are fully burdened and will remain fixed for the first three years of the Agreement.
3.4. Rate Increase. Rates may be negotiated no more than once annually.
Consultant shall notify the City ninety (90) days in advance of any proposed rate increase. Any rate increases are subject to approval by the City and must be substantiated by Consultant to the satisfaction of the City. All rate adjustments must be approved by the City through an amendment to this Agreement.
3.5. Reimbursable Expenses: Consultant may pass through costs such as printing, materials, equipment, etc., in the Reimbursable Expenses Schedule below.
Expenses shall be reimbursable only to the extent that (a) Consultant submits sufficient documentation to City that the expenses were directly incurred in providing the required Services, (b) Consultant demonstrates that such expenses aren't included in the hourly rate where applicable, (c) such expenses were approved in advance, and (d) Consultant submits receipts, invoices, or other supporting documentation demonstrating that such reimbursable costs were incurred.
Reimbursable Expense Schedule Mark Up
Professional Agreement with West Coast Consultants, Inc. /Exhibit B-Schedule of Fees Rev. 09-28-18
1. The cost of mailing, shipping and/or delivery of No Markup any documents or materials.
2. The cost of photographing, printing, reproducing No Markup and/or copying any documents or materials.
3. Charges for outside services (including Not to exceed 10% subconsultant fees, equipment, materials, and
facilities not furnished directly by Consultant).
4. Other reimbursable expenses with prior written No Markup approval from the City
5. Allowable mileage will be charged at the No Markup
prevailing IRS rate per mile.
Professional Agreement with West Coast Consultants, Inc. /Exhibit 8-Schedule of Fees Rev. 09-28-18
6. Unless approved in writing (e-mail acceptable) in No Markup advance, meals, lodging, and related per diem
shall not exceed the rates outlined by United
States General Services Administration (GSA).
httQs://www.gsa.gov/travel-resources. Airfare or
rental car, where applicable shall be at economy
rates.
4. PAYMENT PROVISIONS
4.1. Consultant shall provide an invoice to the City on a monthly basis for Services completed in the preceding month. The invoice must include the following information:
4.1.1. Invoice Number, Purchase Order Number/Task Order, and Invoice Period.
4.1.2. Current amount due with a time and materials breakdown: titles, hours, hourly rates, and any City approved reimbursable expenses itemized with supporting documentation.
4.2. Each invoice shall provide sufficient detail for City to verify that the rates listed in Appendix 81 are charged. Additionally, invoices should include sufficient detail to allow for accurate comparison with certified payroll submittals if applicable.
4.3. Pre-Payment. City shall not be required to pay a deposit or any other form of pre-payment prior to Consultant beginning the Services.
4.4. Payment Limited to Satisfactory Work. Consultant is not entitled to any payments until the City concludes that the Services and/or any furnished deliverables have been satisfactorily performed.
4.5. Recalculation. The City may recalculate and pay invoices based on the rates established in this Agreement.
4.6. DisQuted Invoices. If the City in good faith disputes any portion of an invoice, the City shall pay the undisputed portion of the invoice and submit written notice to Consultant regarding the disputed amount. The notice shall include documentation supporting the disputed amount.
4.7. Payment. If there are no discrepancies or deficiencies in the submitted invoice and Consultant has submitted all required certified payroll, City shall process the invoice for payment.
Professional Agreement with West Coast Consultants, Inc. /Exhibit B-Schedule of Fees Rev. 09-28-18
APPENDIX 81 TO EXHIBIT B
RATE SHEET
CITY OF SANTA CLARA BUILDING DIVISION CONSULTANT FEE SCHEDULE
TABLE I
Description Rate Review Percent(%)
Complete Review 65%
Complete, Non-structural 50%
Complete, No MEP 50%
Structural Only 45%
Life Safety Only 45%
Accessibility Only 25%
MEP 30%
M or E or P Only 20%
TABLE II
Labor Category Hourly Rate
Building Official $180
Asst. Building Official $155
Sr. Plan Review Eng. $165
Sr. Plans Examiner $130
Plan Review Eng. $140
Plans Examiner $120
Permit Tech 111 $100
Permit Tech II $85
Permit Tech I $75
Fire Protection Eng. $180
CASp $160
Grading/Storm Water Plan Review Eng. $190
QSP/Storm lnsp $185
IOR $175
Supervising lnsp $150
Sr. lnsp $140
Inspector II $115
Inspector I $110
Intern lnsp $80
Sr. Code Enf. Officer $129
Code Enf. Officer $115
1. TABLE I. Plan review rates shall be calculated as a percentage of Building plan review fees collected by the City, as outlined in the current City Fee Schedule.
Professional Agreement with West Coast Consultants, lnc./Exhibit B -Appendix B1 to Exhibit B
Rev. 09-28-18
2. The base plan review fee includes the initial plan submittal and two (2) resubmittals. Additional reviews beyond the third plan check (PC3), revisions to approved plans, deferred submittals, etc. shall be billed per the approved hourly rates outlined in Table II and require prior written approval by the City.
3. All plan reviews are subject to a $250 minimum fee.
4. All plan reviews shall be completed within ten (10) business days for the initial submittal and five (5) business days for resubmittals. For exceptionally large/complex projects, City and Consultant shall agree upon the plan review timelines and target dates prior to commencement of review.
5. For expedited reviews, when approved by the City Building Officer (CBO) or an authorized City representative , Consultant may bill at 150% of the listed plan review fee outlined in Table I and shall complete them within five (5) business days.
6. TABLE II. All rates noted are inclusive of all overhead costs of the Consultant, including but not limited to, salaries, benefits, workers' compensation, travel, miscellaneous office expenses, etc.
7. On-site staff services are subject to a minimum 4-hour fee.
8. Inspection services for publicly funded projects shall be subject to prevailing wage rates and requirements.
9. Overtime, emergency, and after-hours work will be billed at 150% of the noted hourly rates.
Professional Agreement with West Coast Consultants , lnc./Exhibit B - Appendix B1 to Exhibit B
Rev. 09-28-18
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Consultant's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Consultant 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 Consultant's insurance . The minimum coverages , provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1 ,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Consultant; 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 Consultant to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf' basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Professional Agreement with West Coast Consultants, lnc./Exhibit C - Insurance Requirements
Rev. 09-28-18
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.
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 Consultant 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 Consultant or any subconsultant 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 Consultant. 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. 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 Consultant'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.
Professional Agreement with West Coast Consultants, lnc./Exhibit C - Insurance Requirements
Rev. 09-28-18
2. Primary and non-contributing. Each insurance policy provided by Consultant 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 Consultant's insurance.
3. Cancellation .
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation . In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non renewal.
4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.
F. ADDITIONAL INSURANCE RELATED PROVISIONS
Consultant and City agree as follows:
1. Consultant agrees to ensure that subconsultants, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Consultant, provide the same minimum insurance coverage required of Consultant, except as with respect to limits. Consultant 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. Consultant agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subconsultants and others engaged in the project will be submitted to City for review.
Professional Agreement with West Coast Consultants, lnc./Exhibit C - Insurance Requirements
Rev. 09-28-18
2. Consultant 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 Consultant 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 Consultant 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, Consultant, and each and every subconsultant (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. Consultant 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
Consultant 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, Consultant shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be e-mailed to [email protected] or by mail to:
EBIX Inc.
City of Santa Clara - Building
P.O. Box 100085- S2
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Consultant shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or Professional Agreement with West Coast Consultants, lnc./Exhibit C - Insurance Requirements
Rev. 09-28-18
shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Professional Agreement with West Coast Consultants, lnc./Exhibit C - Insurance Requirements
Rev. 09-28-18
EXHIBIT D
LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.
A. Prevailing Wage Requirements
1. Consultant 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. Consultant is also required to have a copy of the applicable wage determination posted and/or available at each job site.
2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.
3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.
Consultants 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, Consultant 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 Professional Agreement with West Coast Consultants, lnc./Exhibit D - Labor Compliance Addendum
Rev. 09-28-18
requested by the City or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards , copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
6. In addition to submitting the certified payrolls and related documentation to City, Consultant 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. Consultants MUST be a registered "public works contractor" with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a "public works contractor". Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.
10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney's fee relating to such fine.
11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations .
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 Professional Agreement with West Coast Consultants, lnc./Exhibit D - Labor Compliance Addendum
Rev. 09-28-18
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 practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Consultant'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 Consultant until Consultant has performed all of its obligations under these provisions.
This provision means that City can withhold all or part of a payment to Consultant until all required documentation is submitted. Any payment by the City despite Consultant'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.
Professional Agreement with West Coast Consultants, lnc./Exhibit D - Labor Compliance Addendum
Rev. 09-28-18
EXHIBIT E
RANKING OF SERVICE AGREEMENTS
Building and CASp Plan Review Services
Rank Firm
1 TRB and Associates, Inc.
1 West Coast Code Consultants, Inc.
2 4LEAF, Inc.
2 Shums Coda Associates, Inc.
3 CSG Consultants, Inc.
3 True North Compliance Services, Inc.
4 BPR Consulting Group
5 Plan Review Consultants, Inc.
5 UpAvanti Inc.
5 The Code Group, Inc. (VCA Code)
Building and CASp Inspection
Rank Firm
1 TRB and Associates, Inc.
1 West Coast Code Consultants, Inc.
2 4LEAF, Inc.
2 Shums Coda Associates, Inc.
3 CSG Consultants, Inc.
3 True North Compliance Services, Inc.
4 The Code Group, Inc. (VCA Code)
Professional Agreement with West Coast Consultants, lnc./Exhibit E - Ranking of Service Agreements
Rev. 09-28-18
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-687 Agenda Date: 9/10/2024
REPORT TO CITY COUNCIL
SUBJECT
Action to Approve an Office of Traffic Safety Selective Traffic Enforcement Program Grant Agreement and Related Budget Amendment
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
The California Office of Traffic Safety’s (OTS) mission is to effectively and efficiently administer traffic safety grant funds to reduce traffic deaths, injuries and economic losses.
The OTS reviews local, county, and state crash data to identify roadway users (e.g., motorists, pedestrians, bicyclists, teens, older drivers, etc.) with a statistically higher crash risk. This data, combined with citation, licensing, vehicle miles traveled, and demographic information are analyzed to help OTS and its partners understand what is prompting crashes and the resulting injuries/fatalities on California’s roadways not only statewide, but also at the county and city level.
OTS uses crash rankings to compare traffic safety statistics of cities and counties of similar population size. Data for the rankings is taken from several agencies, including the California Highway Patrol Statewide Integrated Traffic Records System (SWITRS), California Department of Transportation, etc. The rankings, which are developed using the Empirical Bayesian Ranking or EB Method, factor in not only population and daily vehicle miles traveled, but also crash records and trends. This results in a single, more accurate ranking. Rankings are available addressing fatalities and injuries; alcohol; motorcyclists; pedestrians; bicyclists; speed- related, hit and run, and nighttime crashes; and composite. With this information, individual agencies can identify emerging issues and develop a plan to combat these issues. In turn, OTS and individual cities use this data to monitor progress in addressing ongoing traffic safety problems.
The National Highway Traffic Safety Administration (NHTSA) has identified priority areas, which OTS has determined to be effective in reducing motor vehicle crashes, injuries and fatalities. The priority program areas are as follows:
· Alcohol-Impaired Driving
· Distracted Driving
· Drug-Impaired Driving
· Emergency Medical Services
· Motorcycle Safety
· Occupant Protection
· Police Traffic Services
· Pedestrian and Bicycle Safety
City of Santa Clara Printed on 9/6/2024Page 1 of 4
powered by Legistar™
24-687 Agenda Date: 9/10/2024
· Roadway Safety and Traffic Records
· Public Relations, Advertising and Marketing Program
The Police Department has been the recipient of several OTS grants in recent years, including:
· Fiscal Year 2014/15, $50,000
· Fiscal Year 2017/18, $35,000
· Fiscal Year 2019/20, $70,000
· Fiscal Year 2020/21, $24,900
DISCUSSION
On December 18, 2023, Police Department staff attended a grant workshop to learn about the OTS funding opportunity and fulfill the preliminary requirement to submit a grant application. On January 16, 2024, the Police Department submitted a Selective Traffic Enforcement Program (STEP) grant application to OTS in the amount of $89,190 with public awareness, enforcement operation and specialized training opportunities with priorities consistent with OTS rankings specific to the City of Santa Clara.
Through a competitive process, the Police Department was informed on July 8, 2024 that the Department was awarded a $70,000 STEP grant contingent upon final approval from the NHTSA.
Final approval from NHTSA is granted following City Council acceptance of the funding and authorization to execute the grant-related documents. In turn, the OTS Grant Coordinator will work with the Police Department to finalize a Grant Agreement using information included in the original grant application for the October 1, 2024 through September 30, 2025 grant period.
With OTS financial support, the Police Department will have the ability to offer overtime opportunities to officers to implement public awareness efforts, enforcement operations and attend specialized trainings, such as:
· Initial press release announcing grant partnership and participate in OTS / NHTSA messaging campaigns (e.g., National Walk to School Day, National Teen Driver Safety Week, Distracted Driving Awareness Month, etc.) throughout the grant term · Driving Under the Influence (DUI) and driver’s license checkpoint(s) · Pedestrian and bicycle enforcement operation(s)
· Traffic enforcement operation(s) with a focus on distracted driving, especially through the use of handheld cell phones and texting
· Traffic enforcement operation(s) with an emphasis on seat belt enforcement · Saturation patrol(s) to increase the number of officers in a small area to maximize the number of DUI arrests
· Traffic enforcement operation(s) with an emphasis on street racing/sideshows · The purchase of lidar instruments for use among the Police Department’s Traffic Unit (motorcycle officers)
· Member(s) of the Traffic Unit to attend training supporting the grant goals (e.g., Standardized Field Sobriety Testing (SFST) course, Drug Recognition Expert (DRE) course, Vehicle Street Racing & Side Show Enforcement training, etc.)
Each initiative has the goal of increasing the probability that roadway users (e.g., motorists, bicyclists, pedestrians, etc.) arrive at their destination safely.
City of Santa Clara Printed on 9/6/2024Page 2 of 4
powered by Legistar™
24-687 Agenda Date: 9/10/2024
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
Acceptance of an Office of Traffic Safety Selective Traffic Enforcement Program Grant will allow the City to be reimbursed up to $70,000 in police officer overtime for approved public awareness efforts, enforcement operations and training. A budget amendment recognizing and appropriating this grant revenue is detailed below.
The Police Department will be responsible for fulfilling standard grant requirements, such as compiling data to submit to OTS, invoicing and media requirements. These items are not reimbursable as part of the grant.
Budget Amendment
FY 2024/25
Current Increase/
(Decrease)
Revised
Police Operating Grant Trust Fund
Revenue
Other Agencies Revenue $242,155 $70,000 $312,155
Expenditures
Selective Traffic Enforcement Program
Grant 2025
$0 $70,000 $70,000
COORDINATION
This report was coordinated with the City Attorney’s Office and City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] < mailto:[email protected]> or at the
public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Approve the Office of Traffic Safety Selective Traffic Enforcement Program Grant Agreement;
2. Approve the FY 2024/25 budget amendment in the Police Operating Grant Trust Fund to recognize grant revenue in the amount of $70,000 and establish a Selective Traffic Enforcement Program Grant appropriation in the amount of $70,000 (five affirmative Council votes required to appropriate additional revenue) ; and
City of Santa Clara Printed on 9/6/2024Page 3 of 4
powered by Legistar™
24-687 Agenda Date: 9/10/2024
3. Authorize the Chief of Police, City Manager and/or Finance Director to sign the required grant- related documents in final forms approved by the City Attorney.
Reviewed by: Pat Nikolai, Chief of Police
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Office of Traffic Safety Grant Agreement
City of Santa Clara Printed on 9/6/2024Page 4 of 4
powered by Legistar™
8/16/2024 10:02:30 AM Page 1 of 16
State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT25069
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
Santa Clara From:
To:
10/01/2024
09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT
Santa Clara Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $70,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
Schedule A – Problem Statement, Goals and Objectives and Method of Procedure Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A – Certifications and Assurances
Exhibit B* – OTS Grant Program Manual
Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Carolyn McDowell
Senior Management Analyst
(408) 615-4892
601 El Camino Real
Santa Clara, CA 95050
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Jõvan Grogan
City Manager
(408) 615-2211
1500 Warburton Avenue
Santa Clara, CA 95050
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL
D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Kenn Lee
Finance Director
(408) 615-2344
1500 Warburton Avenue
Santa Clara, CA 95050
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Barbara Rooney
Director
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
8/16/2024 10:02:30 AM Page 2 of 16
10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
AGREEMENT
TOTAL $70,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$70,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $70,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu
SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
W8MXD36RRWU4
601 El Camino Real
Santa Clara
95050-4307
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
8/16/2024 10:02:30 AM Page 3 of 16
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT25069
1. PROBLEM STATEMENT
Santa Clara is an urban setting with a mild climate in the heart of the Silicon Valley. While clouds, rain, snow, and fog conditions are not generally factors in traffic safety, the volume of residents, commuters and visitors brings a dense concentration of people. From 2018 through 2023, the City of Santa Clara had 37 fatalities because of vehicular, bicycle and pedestrian incidents: 2018 (10), 2019 (4), 2020 (5), 2021 (6), 2022 (4), and 2023 (9). For a community of approximately 132,000 residents, these statistics are very troubling.
The rise of the computer and electronics industry as well as the emergence of the biotech, digital economy, innovation, information products and services are the primary employers in the region. In fact, Santa Clara is headquarters to large corporations. Yet, half of the region’s jobs are in community infrastructure and services which includes healthcare, retail, banking, food services and delivery services. Additionally, Santa Clara is a popular destination because of its amenities (e.g., Levi's Stadium, Santa Clara Convention Center, California's Great America theme park, Santa Clara University, etc.) and their corresponding events.
As we navigate through the ever-evolving world of post-pandemic work, as of 2023 12.7% of full-time employees work from home and 28.2% work a hybrid model. Despite the rise in remote work in recent years, most of the workforce (59.1%) still work in the office/field according to Forbes Advisor. While some industries and job roles are geared towards remote work more than others, traffic in our community has rebounded to pre-pandemic levels for work and leisure activities that are no longer restricted. Post-pandemic drivers are not only driving faster, but distracted driving and situational awareness has worsened. This “new normal” is not a good combination for traffic statistics.
Additionally, illegal street racing and sideshows are a growing problem in the region. The Santa Clara Police Department has seen groups of 150-200 vehicles congregate on our streets, blocking the streets and sidewalks to traffic, forming a racetrack area, video recording the activity for publication whether on social media or otherwise, and in other manner encouraging, advertising, aiding and abetting the racing process.
The mere presence of the vehicles and associated spectators threaten the health and safety of the public, interfere with pedestrian and vehicular traffic, create a public nuisance, and interfere with the right of residents/private business owners to enjoy the use of their property within the City.
The City Council discussed this matter on multiple occasions, conducted a community survey and hired a consultant to evaluate the situation (2020). As a result of the findings, the City Council implemented an Ordinance to discourage the organizing and participating in illegal speed contests and reckless driving exhibitions, an extensive media campaign was developed targeted residents/businesses about how to report this illegal activity and personnel attended regional meetings on the topic. The pandemic, associated changes in behaviors and redevelopment in one area of our city adjusted plans for the balance of the recommendations. Recent hotspots include El Camino Real at Lawrence Expressway, Tasman Road / Lafayette Street corridor and Stevens Creek Boulevard and Winchester Boulevard.
With Office of Traffic Safety financial support, the Santa Clara Police Department can combat roadway injuries and deaths through implementation of traffic safety initiatives.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
8/16/2024 10:02:30 AM Page 4 of 16
10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:
National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 0 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
3 7. Send law enforcement personnel to the DRE Recertification training. 0
8. Send law enforcement personnel to SFST Instructor training. 1
9. Send law enforcement personnel to DRE Instructor training. 1
10. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
2 11. Conduct DUI Saturation Patrol operation(s). 7
12. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
8 13. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
2 14. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 2 15. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted 2 8/16/2024 10:02:30 AM Page 5 of 16
driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
16. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 17. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
All training needed to implement the program should be conducted in the first quarter. All grant related purchases needed to implement the program should be made in the first quarter. In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media Requirements:
Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.
B. Phase 2 – Program Operations (Throughout Grant Year) The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.
Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
8/16/2024 10:02:30 AM Page 6 of 16
Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication. Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs. Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year. For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website. Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives. Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
8/16/2024 10:02:30 AM Page 7 of 16
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
8/16/2024 10:02:30 AM Page 8 of 16
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT25069
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
164AL-25 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$40,000.00
402PT-25 20.600 State and Community Highway
Safety
$30,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-25 $13,000.00 2 $26,000.00
DUI Saturation Patrols 164AL-25 $1,500.00 8 $12,000.00
Traffic Enforcement 402PT-25 $1,100.00 8 $8,800.00
Distracted Driving 402PT-25 $1,100.00 2 $2,200.00
Pedestrian and Bicycle Enforcement 402PT-25 $1,100.00 2 $2,200.00 Street Racing and Sideshow Enforcement
Operations
402PT-25 $1,100.00 2 $2,200.00
Traffic Safety Educational Presentations 402PT-25 $700.00 2 $1,400.00 Category Sub-Total $54,800.00
B. TRAVEL EXPENSES
In State Travel 402PT-25 $7,200.00 1 $7,200.00
$0.00
Category Sub-Total $7,200.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-25 $2,000.00 1 $2,000.00
Lidar Device 402PT-25 $3,000.00 2 $6,000.00
Category Sub-Total $8,000.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $70,000.00
8/16/2024 10:02:30 AM Page 9 of 16
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT25069
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include Lifesavers in Long Beach and the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
-
EQUIPMENT
-
OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.
Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).
Lidar Device - Light detection and ranging device used to measure the speed of motor vehicles. This device will be used for speed enforcement. Costs may include lidar devices, batteries, tax, and shipping.
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
8/16/2024 10:02:30 AM Page 10 of 16
State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT25069
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).
8/16/2024 10:02:30 AM Page 11 of 16
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.
GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with resp ect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:
1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Sta t. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. § 2 i .23(b) and (e) of __
to as DOT Order 1050.2A)
8/16/2024 10:02:30 AM Page 12 of 16
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a t imely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other partici pants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
8/16/2024 10:02:30 AM Page 13 of 16
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or loca l legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective part icipant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
8/16/2024 10:02:30 AM Page 14 of 16
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—
PRIMARY TIER COVERED TRANSACTIONS
1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred , or
8/16/2024 10:02:30 AM Page 15 of 16
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —
LOWER TIER COVERED TRANSACTIONS
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials wil l increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secr etary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any suc h subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
8/16/2024 10:02:30 AM Page 16 of 16
DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the in terests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving comp any- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-647 Agenda Date: 9/10/2024
REPORT TO COUNCIL
SUBJECT
Action on Final Map for Tract No. 10615 at 3077-3155 El Camino Real
COUNCIL PILLAR
Promote and Enhance Economic, Housing, and Transportation Development
BACKGROUND
Toll Brothers (Owner) is currently in the process of redeveloping the property at 3077-3155 El Camino Real (Property) with 60 for-sale housing units arranged in eight 3-story building clusters (Project). The Project was approved by City Council on July 12, 2022. A Final Map for Tract No. 10615 is required to be filed by the Owner as part of the Project.
DISCUSSION
The Final Map for Tract No. 10615 merges two parcels into one lot for condominium purposes (60 units). The Final Map has been reviewed by staff and meets the Tentative Map requirements. The Conditions, Covenants, and Restrictions (CC&R’s) have been reviewed and approved by the Community Development Department and the City Attorney’s Office.
ENVIRONMENTAL REVIEW
The potential environmental impacts of the Project were addressed in the Mitigated Negative Declaration prepared for the Project and was approved by Council on July 12, 2022. No further action under CEQA is required for this approval.
FISCAL IMPACT
There is no additional cost to the City other than staff time and expense.
COORDINATION
This report has been coordinated with the Community Development 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.
City of Santa Clara Printed on 9/6/2024Page 1 of 2
powered by Legistar™
24-647 Agenda Date: 9/10/2024
RECOMMENDATION
1. Approve the Final Map for Tract No. 10615;
2. Authorize the City Manager to make minor modifications, if necessary, prior to recordation; and
3. Authorize the recordation of the Final Map for Tract No. 10615, which merges two parcels into one lot for condominium purposes located at 3077-3155 El Camino Real [APN 220-32-057 & 220-32- 058 (2024-25)].
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Final Map for Tract No. 10615
City of Santa Clara Printed on 9/6/2024Page 2 of 2
powered by Legistar™
OWNER'S STATEMENT
,., tiER!llY SIAllc IIIAI ii; N1£ AU ]lj[ QVMtRS HA\IHC ll[call) lT1l,f IN"MtSf ~ 111!:
RW l'll!J'ERN 00KG SUOOl'<lD!D BY lfl5 ~AP ANO IIHOSE ~Clt,\M(f;s- IJlt REWil!ll er 111!. 9.ll!Ol~Sfllj ~p ACT; IIIAI >I: AAi Iii£ <>NL Y -5 IMO!{ W<!l:111 IS M«rSSAAY 10 PA:iS WJJl TIII.E 10 51,l() IIL'l Pl!IFIJ!IY A•D 111Al YI!; IO!J!Y COO~I IO 1HE fRtl'ARA 110N OF lHlS MAP Alai SU!lnl\6100 I~ TED >tfl!EOO 1'1111 lliE DISIIU\t BOROER u.•E 00 N.L OOJICAnoi.s 00 OFTtRS OF DEIJICAR(!lj -· flt£ Rt.II. PRlll'ER!V OESCmlllll llELmj 15 OCllCAIEJl 1,5 ,.. U.S[Mi'.111 f0R P\1900 PURPOSC51
Y1t HEil!IIV DflllCA llc TO 11< DTY OF S/.NTA !URA E~EIHS fCR PUIRJC U111JTY PU~ IN. UN!ICR. 011, 011:1< AAD WIOSS lll'l5E' <llrrlJN 5lll1PS OF IAA!J ot~CIIA1ED !,NO OEWEAl!D ~ AS '!'lit" (Pl.WI: U11UIY £J.StMENT). S1,11) U.!!MElHS ARE TO 8( K£l'T (J>Elj AND rrtt:! FROI( TRt:ES. U.ll~CS AND S11llJ!:TIIR(S OF m KJ:O EXCEPT Pll&JC IJllUTY stR\JCTlJl!ES 00 APPLil!T[ljAAC[S ll1El!£10, lffilG.\l lON SYS1EMS lllD APPIMJ9'Nltt5 llllll(Ttl, ~ lA"'Ul l"l'M<XS, -ALLY, 1HE rl.01.lll!S AS - 011 11£ <'WIS REW:ll!D l>I.O ll'l'!lO\IED BY JH, !JIY OF s.1111• Cl.AAA 1• COII.IJNCllOo 1'11111 rfiS M™- Sl<ALL ;ISO 8E l'OMITI[D IN SAID PtJf, .. , f\lTIJflE r;aUTY INS"WJ,All!lN WITI<IM SAID f'IJ, 51</J.l I!£ SIJ~f TO l\C OIY OF s.,;m Cl.ARA ENCflDAQj~IJH ACR!.tMENl APPUC.1 noo PllOC!5S. 111E P\IWC UtlJllES Sl<ALL HAI{ ~Glit Of ACC!.$ ~os,; AND/OR I\J.CNC Tlif M!.KXNl~G PRC!'tRTY fllR M P\ffOSt OF MIJ•T.IJN1ll. ll!l'V,ONO, AOOIN~ TO, 00 REMO'lttl(; n(]R FAOUTl(S.
l , Ylt HEREBY DEJl«lAit 111 1ll£ DTY OF WffA D.A!IA EASlMENIS f0i1 EJaERGl:NCY IOaO.r /.CQ:SS PU!f'OS(S 011, ALOOO, Ar.ROSS ANO 0\'Ell 1l!OSE a'.RT Ill< /JIU,S or U/Jl llt:~AIID II,~ llt:Ll~Allll HEREOO AS 'r'l!E" (l)j(RQ:oNCY 1/tlllet.£ ACICE'SS !.ASE~EJIT), SAID El.5EIEIT5 ARE TO 11£ KEPT fT!U AND QlAA C1' All OllS!RUCTIOIIS C1' Mf rn:, ;..'ll) Stll.ll ar ~ucm, AHO M;JNJ/\IN(J) av 111E O'AN!R SJC11 n .. 1 l\C Sl!R"Cf SHAU. SIJWQR £MEJ!G!)jCV ,iJ<ICU: US(C
J, I< HtRIIIV llmCAlE IT> Tff: OIY OF SANT! CWIA t'.ASl)4EJII FOO lK CCflSTRUC11011, VilJPlTEHili'N(X. ANO P1.a.tC LIS£" OF A 51:tWAL« 'MlliH ll!E SJRiP Cf' l.J.ND OESIGNili iED AH) DEl.JNO Till NEJi~ AS ·~· (socwm EA~E,~i'). SAID [AEl,DfT 9'1111Ll f£ t([)'I CPO, ,..D fllff rtOO<I BIN.DllGS N<D S1""C11JRCS C1' N<Y l<IIW EICll'I Ur«'.£RQIQJtffl PU:IY. UilJTY 5mJC11.1m.~ l;,,;TGl,TI(N SY5ro<~ ;..so Al'Pi.JRl!)<ANi:ES Jl<RETD ll<AT !Jo NOT - \\nil mt ~ Of ff£ £A!£11Dfl.
\ , Iii: HERO!V D!DIC,\1[ 111 ttE orv Of SANTA Q.l,liA D'.a.U;,\l (AIDIENJS. "'· ON, Ur«R. AlOIIC AIID ACROSS lliOSE Q;RT'"' S'raiPS Of WID OCOO<AllcO MD IIEU'l:,llll) N£REDN A5 "IJ(Il" (Utti!:RO!lOOUD OEn!ICAL !:A!BIEJI!) FOR TliE Pl/Rf'O!i. OI' CaiS1Rl/C1"'0 AN!) RECONSlRUCTWO, tlST.W.G, DPUWING, ~~NTAINl!ll:, REl'AIR,NC., AllD/OR IM.AOOG l,l'jlJ€RGIIOIJljl) lLIClltlCM. IIISMJJIC)lj AND/OR C[),O,fl.Jlf'CATI[Jlj S"l'SJElii:'5. Mm APPlJlTEHIIN"~ nc UhttFICJDJND SYSJD.I Will. ~SIS! ti', BUI ltlll Ulllt'D 10, C~IS. c.oru:s, VAUlTS ~D SPUa: BOXES INSTlillll fUJSl1 '\\Ha Of< aur.- ,l?,OC M'9 Oll!ER htCfSSAAY Ai!flJRlEJIJ.NCE~ TRANsF~Dl MD 5"'~ES ~LL Ill: MCIIJ)jl!D '80\£ GR>JJf. ,()I A = P,S,. TIIE 080\'t: W<N llONED ~ll!llCIICIIND U!c:IBIC.Al. EISU'l)rf S>IM.L & ~EPf QPEN AND f"U fRtll ilill$, IIU~NCS M1l S11<\IC1\m£5 C1' I.NY K~D EKCf/'T li!R1~All00 S'lmM~ APP\lillil'J.NOES IH[REfll, AllD l>,l>fll. mat NO PRl'/A 11: Cf! DlHER P\8..r. UltUIIES- 51<.iU BC PIJ,W, IN THE "IJ{;a:" EKCO'! fOO l'\JRPOxS llf CllOSSING, A11D Ol'OJ'l ll-tOS[ UTlJTl(S !ilie',ffi Off 1}(E Pl.JMS ~Yel AND APPRO\rn 13'1' lHE CfY {lf ~,Ii, Cl.ARI, Ill C()N,IJ~";;ll!lf< \I\TII lKS &JBDMStllN- TIIE QlY Sl<AU. HA'/£: ~G>ll ~ A<W3S ,IOtQSS ANO/OIi ALONC lJ£ Afl.ONIHC PIIOPiRJY fDa ™' ""'1POS> Of -lAl,.NC, REJUOs'G. AOOJNG 10, OIi R!'.MO'i1s"<I IT5 •ACUll!S,
ff. WE tlE'.REji'f DEDCA1£ TO lJ£ arr a- SANTA a..M}I fASIMEHTS 'ti!, ati 0'6, UND£Rj "'-°'~ ml ~ r"OS!' CE.t;J!II< S1"IPS rJ/ U/lO orni;,y,1El) 00 Dtll/lE.<TED ::~ ~l:"::~rr~~= ~ =:w~~.,!nON
5'rS1tM f;.QIJllES ~ Al'PIJRlEN;HctS !IEREJO. - EAS!)jEICT'; 51<.U It£ '11:Pl oP'1Jt ,\l<D rm: Fl![ltl ~ BUIUJIHGS AHll SlflUClll!i!5 0f AWi <1119 E"1:l'T lfflllGA~ SYS1EMS ,lllO IJ'l'll(l~lrff15 11~0. ;Nil L,\Wl'UI. FEN<li 1ll: 01'( 91ALL HI,\{ l'!Glit 0f AOO:SS ;.Qioss /\!!0/0II !l~[) Ill[ /l)JCININ[) Pa(!>'(Rl'\' FOIi 1H£ l'IJRPOSC Of ~.AltllAmlrlO, RE'PlAIIW~ ~~- ID. OIi R()j0~G ITS r/,.C1Uft!:5.
JltS WAP 9lOWi OIi f'OU:S MJ, """- EASOID<IS olltSIN<C OIi or -· '!ilN< ll<E eOOl<Dll!Y UNES rF !HE fl:R!Att !MilOOIEll SAP,
laJ. '1,£51 COASl W:, • OELOWAIE 1E0 UAltlUT'I CIWPAHY
8~
NAM< (Pm•T)t ______ _
TIU: _______ _ _
OAT£.; _________ _
JO!!N0,2863-000
TRACTNO. 10615
BOWERS PLAZA
POR CONDOMINIUM ~\fill'OS'Ell
CONSISTING OF l Slllil:1:S
lll:INO A l!IJBDMSJ0/1 OF ALL TJlA T PORTION OF LAND DES(.'lll!IED tN TilATORA.~T D~D RliCORD!ill AS DOCUMOO NUMBllR 25◄ l<lllD, omOAL RECORDS OF SANTA CLARA COIOO'Y ANll l.YJN(i F.NTIRELY Wll'TTIN ll!ECTTY OF 8/,Nl'A Cl.A RA, comm' Or SAf,'T.,\ CWlA. Ci\lJFOJ)ll/\ Cbg
SAN AAMoN • "!25l-.OS22
ROSE\l'tt.U!: • ~lG17d---M~
---C1Vll EJ OINEERft • SURVIE""'ORS • l"LANNER:s-
JIJI. Y2024
OWNER'S ACKNOWLEDGMENT
t NOl AAY PIJ!lUC OIi OIHl'R orncra CCIIJ'\£11HG lljlS CER1W'CAtt \{JijFttS ~L V lllE lllENTITY Of Tu! IN~WlUAl MIO ~Cll!O M OOCIJt,(Elff 10 ~ MS CCRTlflC!lE IS AITM:kED, AHO H-01 lME TRUTllfULHES.S, ACOJRAC'I'; OR' YAUOITY Of &1,1,i llOCUWOO, STAT[ Of ------1 SS, Ollli'll'l'N ____ _
ON ________ _ , !!!T!l~t M~ _______ , II
j tu,Tif"'t llMl(II PENALTY llf i'trl.lJRY Ul«R 111[ 1.AWS <J" Tit[ S'T"l: or CAU'CflNII, 1"Al 111< -~ PAA/.GRA.°" l'i lRUl: AND CC!iiifl!T.
'Hllli!EES UY liAND:
Sc,jAIIJI!
!MME (l'RINl); ______ _____ __ _
ffilllCIP/,l CIWH'!Y Of WIINl'!.SI ________ _
..I'( t!CMMlS:ooN ~!J\4Brn; __________ _
UI CCIIMIS90N Ell~RE~ __________ _
GEOTECHNICAL REPORT
OMITTED SIGNATURES
IN .\CCatl!AN<I \\!lll S!'CllOo 66<J6 fl' IHE 5IJl!!IIIS<ll<S MAP ACl, 1IC SC!<AIU\[S OF 114: fll.lO"INC ~= 0f ~GH15 llf w;, Cfl W<t,OEN!Ss \IHICII c;.sHOl RIPOt ~lll en.
HA'IE Billi OllnED:
I Mi O.'S£il.!1tT FOR' '1Jlllfn£S ANO IN~TAL PURPOSIS1 REco;DED .U. l' 2J', 1959 -,5 IIOOI< &itJ, Pl,OC 110 Of OfflCl,ll IU:OOllOS. I~ r •ltli llf l'AOAC C.\S AN!) C\ECl~IC IX'G'.l,NY.
>Al'2l--DOOJ/PLHto20-H70S
SURVEYOR'S STATEMENT
CITY SUR VEY OR'S STATEMENT
I IIERml S1•1E TIIAl I IIAI{ fWI'® TH{ HElltOO 11!1!1. MAP llf IRACl 106!S ANO I AM SATISflED JHAT 5.IJO U.~ tS 1EOIN1CAU,Y ~T,
JA• S. f AlfllO", ACRNC CITY SURIEYOil
OTY Of SN/IA CL.IIV,, C;jjfO!lNI,\
P\Sl!Olll07
DA!f
CITY ENGINEER'S STATEMENT
I ttllmlV STA1E nu.,, HAit W,1/liED 1H' H£REON nN!l MAP llf lRACl 10615, ll!Af THE 5'.IIKll~SION A5 5HO'M< 11!)![tJ1 ~ ~STAHTil>UY lli:. SAllC: "5 II A!'PEA1if0 OH ll<E \ltSITNC fOOATII~ ~,P AAD AHi ~ Al1El!ATI()6 11ffl0f1 IlHAf /,LL PRO'i11111NS DI' CHA/11111 2 DI' ]II[ s,Jaar.,~ MAP !Cl -Al«l OF A.~Y L.OCIL DR!ll<!,Na'.S-A1'PLICAl!U Al lli: TIMF OF APf'RO\IAl llf !lj[ ~~ Tflj!ATI\E MAP HAI{ am, OOIO'l.lII Milt.
l,(!Dtj!,[L JAOC LI'#, (JJY EMGtlffR
OTY llf SJ.NIA CU'V,, C>Lr'ORrHA
Rdcllo!I~
OAT£
CITY CLER.K'S STATEMENT
I HEREBY SlAIE n1AT OIi tH£ 121H 01,Y or .IJLV, lOll. )Hg Cll'i COO!<CIL Qf IHE Cl!V llf SAHlA tu,qA, ClllfCRhl!,. ~0 Al'l'ffO\E TliE \ESTINC llcNlATI\IE" MAP Of ™°;- SIJIIOM~ON mD ~ __ = - ~=~~' 00 ~DVE MS ~.lil \,I.AP AND ~Cl:PJ ()t lff}I~ (J'" TI-I: PUBLIC. AU SIREET AND EASEMElll DmC,\ ltq<5 FOil "1J6!JC US!' I~ COl'rCli~'1Y !lll)l lt'I' IU;IIS Cf D<E Df'fQl OF llt:ll!CA TION M,11![ HEIECI<.
RECORDER'S STATEMENT
nl.lll lHlS ____ OAr llf ____ , 21)14, Al ___ M. ,,
BOO!i ___ OF u,PS, '1 PAII.S ____ , 5!lllt'l "IJOl!O> ______ '1 1H! REQUEST or f1'Sf /IMCRICAH mu 111su ... ,ct WIS'AHY.
F!.E __
REQHA Al.COU~DRAS,, CCUtfTI' Rt~
SANJA Cl.ARA COONTY, CNSOllll/,
Bl ________ _
DEP\ITY SHEET 'I OF 3
459
co
t--
·"'--o
·"' 0
z::. 460
t;::l;
~-
>-
461
462
PARCEL 8
253 M 48
PARCEL A
253 M 48
~
u)
~ 1 ~ "'
"! ;>
~I~ "' gj
II
u
"' < ':;!
:';!
I ~ ~ u
50'
LEGEND
DISTINCTIVE BORDER LINE
LOT LINE
REFERENCES:
(6) INDICATES REFERENCE NUMBER
(1) TRACT NO. 1677 (84 M 52)
(2) TRACT NO. 1675 (76 M 32)
TRACT NO. 10615
BOWERS PLAZA
' ~~CR~RE~'ji~ P_IN_;,
(T)
(R)
(M-M)
(M-CL)
(#)
EASEMENT LINE
CENTERLINE
TOTAL
RADIAL
MONUMENT TO MONUMENT
MONUMENT TO CENITR LINE
REFERENCE
(3) TRACT 10566 (948 M 40)
(4) PARCEL MAP (631 PM ID)
(5) RECORD OF SURVEY (245 RS 33)
(6) TRACT NO. 8197 (597 M 36)
(7) PARCEL MAP (253 PM 48)
(8) TRACT NO. 1678 (89 M 50)
(9) DOCUMENT 24376120
N FOR CONDOMINIUM PURPOSES
CONSISTING OF 3 SHEETS
BEING A SUBDMSION OF ALL THAT PORTION OPLAND DESCRIBED IN THAT GRANT DEED RECORDED AS DOCUMENT NUMBER 25436710,
OffiCIAL RECORDS OF SANTA CLARA COUNTY AND LYING ENTIRELY WITHIN
THE CITY OF SANTA CLARA, COUNTY OF SANTA CLARA, CALIFORNIA
ARBURTON AVENUE
12]_?9E Cl
.15'(1) ® FOUND STANDARD STREET MOOUMENT,
AS NOTED
(10) DOCUMENT 18996009
(11) DOCUMENT 22258502
(12) RIGHT-OF-WAY RECORD MAP R- 505.11 (R505013)
(13) CORNER RECORD (CR 65-29- 70)
SAN RAMON
ROSEVILLE
• (925) 866-0322
• (916)788-4456
I s:·®
SEARCH FOR NOT FCMJND (14) GRANT DEED (8127 OR 474) CIVIL ENGINEERS • SURVEYORS • PLANNERS ~ 11 ;> ~
453 452
454 451
TRACT 0. 1677
184 M 52)
455 450
S£T REBAR ANO CAP OR NAIL ANO TAG
l.S. 7960, FLUSH.
(15) GRANT DEED 24903764
1~ ~ 0 ~T ~~~~-• :U~tfs ~~~:~N~~o TAG BASIS OF BEARINGS:
I
:2 ~ MARKER TO PROPERTY CORNER
60' ~
~ - .I
--t2 I~ EPVUAEE D.IERGENCY VEHICLE ACCESS EASEMENT
~ , , ~ PUBLIC UTILITY EASEMENT
8 }f: ~ SWE SIDEWALK EASEMENT
>, I~ ~ UGEE UNDERGROUND ELECTRICAL EASEMENT
~ 18 'M.E WATER LINE EASEMENT
(ND11 2'55'E 292.51')(3) ~ ·- N
THE BASIS OF BEARINGS FOR THIS SURVEY IS
DETERMINED BY FOUND MONUMENTS IN BETTY
COURT, THE BEARING BEING N00'21'48"W PER
TRACT NO. 1677 El RANCHO CAMINO UNIT NO.
14 (84 M 52).
SALL _y COURT
TRACT NO. 1677
184 M 52)
I ii
a::i z EASTLINEOF LOT ~1
SNF 3/4~1RON NORTHERLY LINE OF ]iE"' SNF 3/ 4"1RON
f--------+- ------1 PIPE LS 8720(3) EL CAMINO REAL(3) '1 PIPE LS 8720(3) '.:JI EAST LINE OF LDT 1 __...,-1 ,..6.(2.oo·(3))
JERALD A VENUE
:';! I
~I~------------
(ND1'12'55T 292.51')(3)
DETAILB
456
DETAIL A
NOT TO SCALE
SCALE: I" = 60' JULY 2024
120' 30' 60'
: : :
GRAPHIC SCALE
LINE TABLE
NO BEARING LENGTH
L1 NOO'Otorw 50.00'
L2 N0015'35"E 10.00'
L3 N89'57'53"E 25.00'
L4 N89'57'53"E 25.00'
LS N00'21'48"W 57.36'
L6 N00"21'48"W 40.00'
L7 N6616'12"E 49.02'
240'
:
J:. --+------~- 447
433 I 432 I
(N88'59'01"W 507.21')(CALC(3))
N89"57'53"E 506.67'
TRACT NO. 1 677
184 M 52l
(14)
(14)
(1)
(1)
(1)
(1)
(1)
(3)
'1~
i ' ·:'.
I~
lz
I
~1
5 ~
~ I
I
I
I
457 448
t
2' (145.43')(3)
L4 L3 1- -- 145.95'
~~ -- .".:_l -::J MO~,-~WITT- -50• EASEMENT FOR UTILJTIES IN FAVOR OF PACIFIC GAS I
I IN FAVOR OF PAOFIC ANO ELECTRIC COMPANY I
··=:;g. _ 1 ANO ELECTRIC COMPA PER BK 8613, PG 510 I -:- PER BK 8613, PG 510 TO BE QUITQAIMED BY
TO BE QUITCLAIMED B SEPARATE INSTRUMENT
~ --~~R~~I~~~~ ____ _r 1
3: ~ ---------- ---- 7 I ·~C.
~ I •-~ STOR" DRAIN EASEMENT Ir g ~gg
51 ~ IN FAiti~ T)_H~~ I i: ir ~r"'
~ PERBK8080,PG593 I 'P-~88
SEP~!~ i~~~~~E~~ : 8 ~ ee I z3
I
L __ _____ I
ELECTRIC EASEMENT F-- - - - - - - 1
IN FA~ s:T:~~1! I I
PER BK 8615. PG 511 11 11 TO BE VACA TEO BY
435
t.=9017'42"(15)
(t.=9111'56")(3)
434
LOT 1
TRACT 10566
1948 M 40)
431
0 N89'57'53"E 306 17' I I ,t.=89 '42'18"(11) NORTHERLY LINE OF 430
LB
231
ND
Cl
C2
FOUND BRASS PIN
IN CONCRETE (4)
N00'21'48"W 97.36'
CURv£ TABLE
RADIUS DELTA LENGTH
62.00' 59·40•19• 97.03'
200.00· 22'56'45" 80.10'
(
(
11)
1)
DONOVAN A VENUE
N89'52'04"E 640.87'(M-M)
(N89'04'58"W 640.89')(3)
(N89'51'04"E 640.89')(4)
NOTES :
1. DISTANCES AND DIMENSIONS SHOffl.l ARE IN FEET AND DECIMALS THERECf°.
2. THE DISTlNCTlv£ BORDER LINE DENOTES THE BOUNDARY OF THE SUBDlv1SION.
3. THE AREA 'MTHIN THE DISTINCTIVE BORDER IS 2.44 ACRES, MORE OR LESS.
4. All EASEMENT OR TIES LINES 'MTHOUT BEARINGS ARE PERPENDICULAR TO, THE LOT LINES OR BOUNDARY LINES. L
SEPARATE INSTRUMENT : :
~-~1c-' - - - - - - - - - - - - - ' ✓ ~NOREAL(1)(2)i
+
I - i N89'57'53"E 41771'(11) ~ -~i - ~ - - - - - - - ~~~;~~~Ji 1 \ - N89'57'5Pr N89-S7'53"E 392 42' ~ --- Jl.-_---- - N89'57'5r°E 1393.65' ,oo DO' EL CAMINO REAL
5. THE SURVEY MONUMENTATION AS SHO\\tl ON THE RIGHT OF WAY RECORD MAP R-505.11 WAS SEARCHED FOR ANO NOT FOUND DUE TO RECENT ASPHALT REPLACEMENT. SAID RECORD MAP R-505.11 SHOWS THE BEARING OF THE NORTHERLY RIGHT OF WAY LINE AS N89'S8'30"E ANO THE BEARING OF THE MONUMENT LINE AS N89'S2'E AND NOT PARALLEL TO THE ORIGINAL El CAMINO REAL CENTERLINE AND THEREFORE THE MONUMENT LINE PER RECORD MAP R-505.11 WAS NOT USED ANO NOT SHOWN ON OR A PART OF THIS SURVEY.
6. THE RECORD ANGLE OF 89'42'18"(11) WAS HELD FROM THE ORIGINAL NORTHERLY LINE OF El CAMINO REAL.
I I
JOB NO. 2863-020 SAM23-DD03/PLN2020-147DS SHEET 2 OF 3
I
TRACT NO. 1677
LINE TABLE
457 448 184 Ml 521
N89'57'53•E 370.97'
NO BEARING LENGTH
Ll N89'57'53•E 24.54'
L2 N89'57'53.E 24.39'
L3 N89~7'53"E 4.00'
L4 Noo-otorw 26.00'
L5 N89'57'53•E 25.50'
L6 Noo-otorw 26.00'
L7 S00'02'07"E 21.18'
LB N89'57'53•E 800'
L9 NOO-otorw 37.40'
L10 Noo-otorw 30.00'
l11 N89'57'53•E 17.00'
L12 Noo-otorw 30.00'
L13 NOO-otorw 10.00'
L14 N89'57'53•E 10.48'
L15 NOO-otorw 50.00'
L1 6 NB9~7'53"E 25.00'
L17 N0015'3s•E 10.00'
i 8 z 1
CURVE TABLE
NO RADIUS DELTA LENGTH I
I
Cl 25.00' 90'00'00" 39.27'
C2 15.00' 90'00'oo· 23.56'
C3 28.00' 90'00'00" 43.98' I
C4 20.00' 90'00'00" 31.42' I
C5 15.00' 90'00'00" 23.56'
C6 20.00' 90"00'00• 31 .42'
C7 20.00' 90'00'00" 31.42' I
ca 15.00' 90"00'00• 23.56'
C9 15.00' 90'00'00" 23.56'
C10 62.00' 37'21'26" 40.42'
I
- -
I
I EL CAMINO REAL
..I ---- ---
1-
JOB NO. 2863-020 SAM23 0003/PLN2020 14705
447 436
I
~~~E~E~AI B 435
/
N
TRACT NO. 10615
BOWERS PLAZA
FOR CONDOMINIUM PURPOSES
CONSISTING OF 3 SHEETS
BEING A SUBDMSION OF ALL 111A T PORTION OF LAND DESCRIBED IN THAT GRANT DEED RECORDED AS DOCUMENT NUMBER 25436710,
OFFICIAL RECORDS OF SANTA CLARA COUNTY AND LYING ENTIRELY WlTIDN
THE CITY OF SANTA CLARA, COUNTY OF SANT A CLARA, CALIFORNIA SAN RAMO N (925) 866-0322
ROS EVILLE (916)788-4456
WWW.CBANDO .COM
C IVIL E NG INEERS SURVEYORS PLAN NE RS
SCALE: I" = 30' JULY2024
60' 30' O' 15' 30'
~ - .I
-- ' '
,
GRAPHIC SCALE
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS SURVEY IS DElERMINED BY FOUND MONUMENTS IN BEm COURT, THE BEARING BEING N00'21'48· w PER TRACT NO. 1677 El RANCHO CAMINO UNIT NO. 14 {84 M 52).
LEGEND
(T)
(R)
(M- M)
(M- CL)
(I)
@
SNF,0
0 EVAE
PUE
SWE
UGEE
'M£
REFERENCES:
DISTINCTIVE BORDER LINE
LOT LINE
EASEMENT LINE
CENTERLINE
TOTAL
RADIAL
MONUMENT TO MONUMENT
MONUMENT TO CENlER LINE
REFERENCE
FOUND STANDARD STREET MONUMENT,
AS NOTED
SEARCH FOO NOT FOUND
SET REBAR AND CAP OR NAIL AND TAG
LS. 7960, FLUSH.
SET REBAR AND CAP OR NAIL AND TAG
LS. 7960, FLUSH, AS REFERENCE
MARKER TO PROPERTY CORNER
EMERGENCY vt:HICLE ACCESS EASEMENT
PUBLIC UTILITY EASEMENT
SIDEWALK EASEMENT
UNDERGROUND ELECTRICAL EASEMENT
WA lER LINE EASEMENT
NOTES:
(I) INOICA ITS REFERENCE NUMBER SEE SHEET 2
(1) TRACT NO. 1677 (84 M 52)
(2) TRACT NO. 1675 (76 M 32)
(3) TRACT 10566 (948 M 40)
(4) PARCEL MAP (631 PM 10)
(5) RECORD OF SURVEY (245 RS 33)
(6) TRACT NO. 8197 (597 M 36)
(7) PARCEL MAP (253 PM 48)
(B) TRACT NO. 1678 (89 M 50)
(9) DOCUMENT 24376120
(10) DOCUMENT 18996009
(11) DOCUMENT 22258502
(12) RIGHT-OF-WAY RECORD MAP R-505.11 (R505013)
(13) CORNER RECORD (CR 65-29- 70)
(14) GRANT OEEO (8127 OR 474)
(15) GRANT OEEO 24903764
120'
,
SHEET 3 OF 3
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-1601 Agenda Date: 9/10/2024
REPORT TO COUNCIL
SUBJECT
Action on a Resolution Ordering the Vacation of a Sanitary Sewer and Storm Drain Easement, and Electrical Easement at 3077-3157 El Camino Real
COUNCIL PILLAR
Promote and Enhance Economic, Housing, and Transportation Development
BACKGROUND
Toll Brothers (Owner) is currently in the process of redeveloping the property at 3077-3157 El Camino Real (Property) with 60 for-sale housing units arranged in eight 3-story building clusters (Project). The Project was approved by City Council on July 12, 2022.
DISCUSSION
Due to the redevelopment of the Property, the existing Sanitary Sewer and Storm Drain Easement encumbering the Property have been determined to be in excess and the existing Electrical Easement has been relocated; and the easements are no longer necessary. The owner has requested that the City vacate the subject easements to clear these unnecessary encumbrances on the Property. Any relevant facilities previously within said easements or portions to be vacated have been removed or abandoned. All departments and agencies having an interest in the easements concur that the easements are eligible to be vacated. Staff has reviewed this proposal and found that these easements are no longer necessary for public purposes and therefore recommend that they be vacated according to California Streets and Highways Code Section 8333(c).
ENVIRONMENTAL REVIEW
The potential environmental impacts of the Project were addressed in the Mitigated Negative Declaration prepared for the Project that was approved by Council on July 12, 2022.
FISCAL IMPACT
There is no additional cost to the City other than staff time and expense.
COORDINATION
This report has been coordinated with the City Attorney’s Office, Silicon Valley Power, and the Water and Sewer Utilities Department.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s City of Santa Clara Printed on 9/6/2024Page 1 of 2
powered by Legistar™
24-1601 Agenda Date: 9/10/2024
Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Adopt a Resolution Ordering the Vacation of a Sanitary Sewer and Storm Drain Easement, and Electrical Easement at 3077-3157 El Camino Real [APN 220-32-057 (2024-25)]; and
2. Authorize the recordation of the Resolution.
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Resolution
City of Santa Clara Printed on 9/6/2024Page 2 of 2
powered by Legistar™
Resolution ordering the vacation of SS-SD & EE Page 1 of 2 Rev. 8/7/23; Typed:4-16-2024 SC24-0023
RECORD WITHOUT FEE PURSUANT
TO GOV’T CODE SECTION 6103
Recording Requested by:
Of
fice of the City Attorney
City of Santa Clara, California
When Recorded, Mail to:
Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Form per Gov’t Code Section 27361.6 [SPACE ABOVE THIS LINE FOR RECORDER’S USE] RESOLUTION NO. ____________
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA, ORDERING THE VACATION OF A
SANITARY SEWER AND STORM DRAIN EASEMEN T, AND
ELECTRICAL EASEMENT AT 3077-3157 EL CAMINO REAL
[APN 220-32-057 (2024-25)]
WHERE
AS, the C ity of Santa Clara currently possesses a Sanit ary Sewer and Storm Drain Easement, and Electrical E asement described in Exhibit A, and shown on Ex hibit B, which Exhibits are incorporated herein by reference. Said Easements were dedicated by that certain document as mentioned in said Exhibits; and,
WHEREAS, pursuant to Section 8333 of t he California Streets and H ighways C ode, the City Council “may summarily vacate a public service easement” in any of the f ollowing cases :
(a) The easement has not b een used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. (b) The date of dedi cation or acquisition is less than five ye ars , and more than one year, immediately preceding the proposed v acation, and the easement was not used continuously since that date.
(c) The easement has been superseded by relocation, or determined to be excess by the easement holder, an
d there are no other public facilities located within the easement.
Resolution ordering the vacation of SS-SD & EE Page 2 of 2 Rev. 8/7/23; Typed:4-16-2024 SC24-0023
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the Sanitary Sewer and Storm Drain Easement described in Exhibit A, and shown on E xhibit B have been determined to be in excess and there are no other publ ic fac ilities located within the easements.
2. That the Electrical Easement described in Exhibit A, and shown on Exhibit B has been superceded by relocation and there are no other public facilities located within the easements.
3. That the Sanitary Sewer and Storm Drain Easement, and Electrical Easement described and shown in said Exhibits in the City are hereby vacated purs uant to California Streets and Highways Code Section 8333.
4. That the vacation hereby releases all easement rights and interest of the City referred in said Exhibits to the current property owner(s).
5. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2024, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: __________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
1. Exhibits A, and B
K:\Engineering\Engineering\5-LPD\DOC\SC24-0023 - Res vac EE WCE AE.doc
EXHIBIT A
LEGAL DESCRIPTION
JULY 18, 2024
JOB NO.: 2863-020
EASEMENT VACATIONS FOR PARCEL 1 {D.N. 25436710)
REAL PROPERTY, SITUATE IN THE INCORPORATED TERRITORY OF THE CITY OF
SANTA CLARA, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING ALL OF THE SANITARY SEWER AND STORM DRAIN EASEMENT GRANTED TO THE CITY OF SANTA CLARA IN THAT GRANT OF EASEMENT RECORDED APRIL 5, 1968, FILED IN BOOK 8080, AT PAGE 593, OFFICIAL RECORDS OF SANTA CLARA COUNTY.
AND:
BEING ALL OF THE ELECTRIC EASEMENT GRANTED TO THE CITY OF SANTA CLARA IN THAT GRANT OF EASEMENT RECORDED JULY 24, 1969, FILED IN BOOK 8615, AT PAGE 511, OFFICIAL RECORDS OF SANTA CLARA COUNTY.
END OF DESCRIPTION
MARK WEHBER, P.L.S.
L.S. NO. 7960
PAGE 1 OF 1
F:\2863-020\PDF\SURVEY\PLC\ABANDONMENT SSE_SDE\LG_SSE-SDE VACATION.doc SC24-0023
KREJTEM CHENG
449 448 TRACT
I
NO. ·1677 KUFJS
447
SHAH
Lt35
APN 220-32-005 APN 220-32-014 ( 8Lt APN 220-32-015 APN 220-32-027 (2024-25) (2024-25) (2024-25)
PARCEL ONE
D.N. 25436710
VACATION AREA
APN 220-32-057 ·o
SANITARY SEWER AND
STORM DRAIN EASEMENT
PER BOOK 8080, PAGE 593
(2024-25) t
WEEffffffffMWEEff~ffMWEA
PARCEL TWO
D.N. 25Lt367'JO
APN 220-32-058
(2024-25)
-7
VACATION AREA
ELECTRIC EASEMENT
BOOK 8615, PAGE 511
(2024-25)
i.n
~
0 CAOJU
436
APN 220-32-026
(2024-25)
TAYLOR
MORRJSON
( 948 J\;j 40)
APN 220-32-059
(2024-25)
w
_J
<(
u
(/)
EXHIBIT B EL CAMINO REAL SHEET I OF I
PLAT TO ACCOMPANY LEGAL DESCRIPTION
VACATION OF SANITARY SEWER & STORM DRAIN EASEMENT PER GRANT OF EASEMENT BOOK 8080, PAGE 593 (D.N. 3395479) AND VACATION OF ELECTRIC EASEMENT PER GRANT OF EASEMENT BOOK 8615, PAGE 511 (D.N. 365750)
CITY OF SANTA CLARA, COUNTY OF SANT A CLARA, CALIFORNIA JULY 18, 2024 SC24-0023
b
SAN RAMON (925) 866-0322
C g ROSEVILLE (916)788-4456
WWW .CBANDG .COM
CIVIL ENGINEERS • SURVEYORS • PLANNERS
JOB NO. 2863-010 F:12863--020\ACAD\SURVEY\PLCIABANDONMENT SSE_ SDE\PLAT _ ABANDONMENT SSE & SDE.DWG City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-804 Agenda Date: 9/10/2024
REPORT TO COUNCIL AND STADIUM AUTHORITY BOARD
SUBJECT
Report on Actions Taken During Council Recess from July 17, 2024 through August 19, 2024
BACKGROUND
The City Council was on official recess from July 22, 2024 through August 16, 2024, during which City Council/Santa Clara Stadium Authority/Sports and Open Spaces Authority/Housing Authority meetings did not take place.
On July 9, 2024, the City Council authorized the City Manager/Executive Director for Santa Clara Stadium Authority/Contract Administrator for Sports and Open Space Authority/Executive Director for Housing Authority to approve items vital to the function of the City during the Council recess period from July 17, 2024 through August 19, 2024 which covered the City Council recess (7/22/24-8/16/24) by resolution (Attachment 1). This was an effort to maintain project schedules, avoid delays or negative financial impacts, and ensure continued high levels of service to the community.
During the 2024 Council recess, one item was approved by the Stadium Authority Executive Director.
DISCUSSION
This report summarizes actions taken by the City Manager/Executive Director/Contract Administrator during the recess period.
Approved by Stadium Authority Executive Director
1. General Services Agreement with Staff Pro Inc. DBA Allied Universal Event Services (Allied) On August 9, 2024, the Executive Director received a request from the Forty Niners Stadium Management Company LLC (Stadium Manager) to enter into an interim General Services Agreement with Allied (Agreement) for event security services at Levi’s Stadium through October 31, 2024. The interim Agreement was necessary due to the Stadium Manager’s desire to implement new accountability and performance measures for the contractor before the Forty Niners football team’s first 2024 NFL preseason home game at Levi’s Stadium on August 18, 2024. There is a forthcoming item on the September 24 agenda that will include a request from the Stadium Manager to enter into a long-term agreement for security services for Levi’s Stadium events.
For context, on March 12, 2024, the Stadium Authority Board approved the Stadium Manager’s request to execute an amendment to extend the term of the previous agreement on a month-to-month basis, beginning on April 1, 2024, for up to six months. This amendment was intended to ensure continuity of security services for Levi’s Stadium events until the City of Santa Clara Printed on 9/6/2024Page 1 of 3
powered by Legistar™
24-804 Agenda Date: 9/10/2024
Stadium Manager completed its event security services solicitation and presented a new agreement for Board approval.
On April 16, 2024, the Stadium Manager issued a Request for Proposals (RFP) for event security services, which closed on May 15, 2024. The Stadium Manager received six proposals. Through the RFP process, an evaluation committee consisting of subject matters experts from the Stadium Manager and the Santa Clara Police Department reviewed the proposals and selected Allied as the recommended contractor.
Stadium Authority staff and the Santa Clara Police Department reviewed the Stadium Manager’s request and the draft interim Agreement, providing comments to the Stadium Manager. On August 15, 2024, the Executive Director approved the Stadium Manager’s request to enter into the interim General Services Agreement with Allied, effective through October 31, 2024. This agreement can be used for both NFL and Non-NFL events. A copy of the interim Agreement is attached for reference (Attachment 2).
The fee structure remains flat, and the Interim Agreement provides for enhancements over the prior agreement. These include:
· Expanded the SLAs (service level agreements) holding Allied accountable for meeting staffing needs;
· Measures to increase Allied’s direct staff and decrease use of sub-contractors; · Clearly defined roles and responsibilities for each staffing level; · Eliminated the lower-level costs, such as administrative fees, that were previously billed to events; and
· Added SLAs to performance and reporting requirements.
In terms of fiscal impact related to this action, event security costs for Non-NFL events are charged directly to the events. There are sufficient funds in the Stadium Authority Fiscal Year 2024/25 Operating Budget, allocated as part of the Net Revenues from Non-NFL Events line item to cover costs associated with the term through October 31, 2024. Forty Niners SC Stadium Company LLC is responsible for event security costs for NFL events.
FISCAL IMPACT
There is no fiscal impact associated with this action. The fiscal impact associated with the item approved during Council Recess are discussed above.
COORDINATION
This report has been coordinated with all other departments as necessary.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] < mailto:[email protected]> or at the
public information desk at any City of Santa Clara public library.
City of Santa Clara Printed on 9/6/2024Page 2 of 3
powered by Legistar™
24-804 Agenda Date: 9/10/2024
RECOMMENDATION
Note and file the Report on Actions Taken During City Council Recess from July 17, 2024 through August 19, 2024
Reviewed by: Nadine Nader, Chief Operating Officer, City Manager’s Office Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Resolution No. 24-9339
2. Interim Agreement with Allied
City of Santa Clara Printed on 9/6/2024Page 3 of 3
powered by Legistar™
Resolution/Delegation of Council Authority
Rev: 7/27/2023