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
"CITY"
DE
City anager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
ARINI GEOGRAPHICS, LLC
a California Limited Liability Company
Dated: ,/ I{) t7 ~ ( '1
By (Signature): - ----- -,,,,=-- ----"'.---41--;~~-?='-- --- - Name: Gabriel Paun
Title: President ..__ ___
Principal Place of 77 Magnolia Drive
Business Address: Atherton, CA 94027
Email Address: [email protected]
Telephone: (415) 349-0704
Agreement with Arini Geographi es, LLC
Rev. 07-01 -18
"CONTRACTOR "
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below in Scope of Work.
Scope of Work
The City of Santa Clara has a robust GIS system that is used as a resource for decision makers, public information sharing, and to increase staff efficiencies. Central to the role of the GIS Professional Services contractor is the ability to assess municipal end-user needs and identify approaches to leverage GIS services to meet those needs. Services provided by the GIS contractor will be in collaboration with the City's Information Technology Department in defining and executing plans for meeting the City's evolving information needs and integrating GIS and departmental database applications into City processes as appropriate.
Arini Geographies is an end-to-end geospatial solutions provider with a proven record of success in Enterprise GIS implementation, development, operations, and program management. We specialize in the Esri ArcGIS technology stack, including ArcGIS Online, and the Latitude Geographies' Geocortex Essentials middleware.
Contractor has assured city that its staff leverages solid education and experience in the professional geospatial services industry, and has demonstrated a wide range of capabilities, including effective web and mobile solutions, high-quality data acquisition and processing, and enterprise-level integration of GIS with business specific applications from almost every department in the City of Santa Clara. This allows Arini Geographies to continue innovative Enterprise GIS development with the City, adding in creative use cases and applications to further serve City staff, residents, and visitors.
Contractor shall dedicate itself to understanding the core business of the City and its departments, with the intent of Enterprise GIS operationalization for a high return on investment. That includes extensive expertise conducting thorough assessments of complex information systems such as Enterprise GIS and related applications, documenting the findings, as well as making sound recommendations and plans for improvements, including comprehensive training programs, materials, and procedures.
Arini Geographies practices a wholistic approach to Enterprise GIS design, implementation and development, with emphasis on understanding the users' needs and delivering effectiveness, confidence, and a positive experience. We work with stakeholders and general users to understand their daily routine and take note of their concerns, needs and wishes. Contractor shall ensure proper system design and vision forming, but it allows for gradual knowledge transfer all along the journey.
Agreement with Arini Geographies, LLC/ Exhibit A - Scope of Work Rev. 07-01-18
Personalized Partnerships On-Site at the City
Contractor shall provide a core GIS Team on-site at the City full-time, and embedded with the IT Department, for implementing a nimble, robust and flexible Enterprise GIS Architecture capable of supplying geospatial information to a wide variety of business specific applications needed by City. Contractor will strive to extend the partnership to every business unit in the City, leading to a wide adoption of geospatial thinking, applications and data, as well as higher productivity and decisional confidence.
Working side by side with our stakeholders is paramount. We firmly believe that one of the key factors in creating a robust Enterprise GIS as the City, with sustainable departmental support and involvement, is being present in-person, having ongoing requirements gathering sessions, frequent direct feedback, and working together to developing business processes and streamlining workflows. By working closely with City staff, we are creating rich opportunities for casual and structured knowledge transfer, quick and personalized troubleshooting, and multidisciplinary brainstorming a collaborative work culture with extraordinary results.
Service Delivery Principles
Focus on User Experience: Combine People and Technology to Deliver Effectiveness and Confidence. Partner-up for innovative service that will surprise and satisfy our stakeholders. The secret to service delivery success is putting resources, literally in person skilled professionals, together with users and encouraging them to look at the service from the user's perspective. By partnering-up we answer the following question:
Does it serve the user or enhance the user's experience.
Solicit Casual and Formal Routine Feedback and Listen Carefully to What Users Say.
Combine GIS expertise with what stakeholders have told us they want. Detailed analysis of user feedback gives us a list of actions; very often, when sufficient data has been gathered, it will point to specific problem areas, which could turn into entirely new projects.
Adoption is an Accurate Measure of the Effectiveness of Service Innovation. We measure results by reapplying all the tools and techniques used to solicit feedback along the initiation and iterative execution of every project. Standing by our users we create trust and increased adoption.
The Rule of The Three Clicks or Less. Time is everyone's most valuable resource and as such our design of implementation and integration solutions focus on providing the necessary information with three clicks or less. This requires frequent innovation that benefits productivity and user experience.
Information Systems and Information Trustworthiness. We strive to create trust with everything we do. Not only that it saves time by eliminating the need of double or triple check everything, but also adds a layer of confidence in decision-making at every organizational level.
Agreement with Arini Geographies, LLC/ Exhibit A- Scope of Work Rev. 07-01-18
Responsibility Matrix & Service Delivery Levels
Building on previous successes at the City of Santa Clara, Arini Geographies has a good understanding of the City needs, and is providing professional GIS services that include:
• Enhancing business capabilities with commercially available local government focused applications;
0 Assist the City's ITD in working with stakeholders to transform their business capabilities securely and better serve their employees and citizens; • Work with department stakeholders to identify goals and translate requirements to a clear strategy to drive business value;
• Think "Cloud First" when evaluating new applications, major upgrades, and cloud management;
• Review products used by other government organizations of a similar size and scope to compare and contract ideas - in California but also nationally; • Review COTS (Commercial Off the Shelf) software products in all tiers to find the most suitable (i.e., do not just look at Tier 1 COTS solutions); • Use commercially available software where possible to avoid costly custom solutions;
• Pursue transparency anytime, anywhere as well as security in everything we do; • Work closely with current COTS application vendors to drive effective upgrades and maintenance activities to maintain continued improvement in existing application performance and functionality;
0 Take advantage of Saas (Software as a Service) and cloud-based technologies and services to enhance flexibility and technology and business capabilities currency;
• Establish and execute a Citywide digital strategy to improve citizen engagement across the City's customer groups;
• Provide City management and staff proven IT tools, processes, capabilities and access to City data they need to improve city business operations, effectiveness and efficiency;
• Enhance IT management and governance processes to ensure business and enterprise IT demands are understood, prioritized, funded and delivered effectively;
• Support the City's transparency objectives by delivering highly available, reliable and accurate information technology;
• Enhance core infrastructure capabilities in support of the City's business objectives;
e Ensure the confidentiality, integrity and availability of the City's data and information technology assets by following the City's Information Security Policy; • Provide both operational and project delivery support - deliver on and manage to the expectation around people capacity for operational and project work (attracting and retaining talent);
• Project portfolio management processes and the monitoring of individual projects;
Agreement with Arini Geographies, LLC/ Exhibit A - Scope of Work Rev. 07-01-18
111 Continuous improvement and innovation;
• Manage communications and set appropriate expectations and project timelines that are agreed to and effectively communicated to the City, Arini, and the responsible application partner;
• Participate in regular City User Group and stakeholder meetings to keep City management current on product roadmaps and new capabilities; • Proactively engage the third-party providers SME (Subject Matter Expert)/technical experts to ensure that application related best practices and latest patches are incorporated in a timely manner;
• Assist in operation and maintenance of GIS Open Data Portal that facilitates a single point of access to a wide range of data. This Portal will enable ease of use, reuse, and distribution, and will enable meaningful insights that help drive quick and informed decision-making;
• Work within the City's IT Department services framework (including but not limited to):
o Service Now to process user tickets per IT standards and SLAs (Service Level Agreement)
o Change Control process methodology
o BCDR processes (Business continuity and disaster recovery) o Following established City security policies for data, passwords and personal information
• Actively participate as a member of the IT PMO Project Management Team following standard reporting structure to provide monthly project planning status, timelines and identify gaps or issues.
Agile Methodology Approach
Arini Geographies strives on a proactive, collaborative approach to managing projects, with close attention to meeting City's strategic objectives and tactical goals, budget constraints and schedule targets. We appreciate working closely with GIS projects stakeholders toward the common goal of a mature, effective, and innovative Enterprise GIS.
From the very beginning, our engagement with the City has been driven by business needs. We introduced and consistently applied the principles of Agile Project Management and through this framework, we have been building a solid organizational specific practice that allows us to closely engage with stakeholders and provide:
• High-quality deliverables through rapid iterative cycles of work, priorities reassessment, and checkups;
• Higher customer satisfaction as the stakeholders are always involved and benefit from transparency and knowledge transfer;
• Increased project control through the successful implementation of appropriate project management information systems;
• Reduced project risks as agile methodologies effectively eliminate the possibility of absolute project failure;
Agreement with Arini Geographies, LLC/ Exhibit A - Scope of Work Rev. 07-01-18
Page4
• Faster return on investment (ROI) since some benefits tend to be realized early in the project due to incremental nature of work.
Schedule Management
Maintaining an accurate project schedule is critical to the overall success of every project-based work and has a direct correlation to maintaining project budgets. Our leadership team, Mr. Gabriel Paun as the Enterprise GIS Architect, and Project Portfolio and Geospatial Communications Managers (collectively the "GIS Team") are responsible for controlling project design and deliverables.
Cost Control
Costs are being controlled through agile management of GIS Team activities, frequent monitoring of time spent and early identification of any issue affecting projects costs.
Project Portfolio Manager shall promptly inform the City should any potential or proposed projects revisions become apparent that may affect the established budget, while our Geospatial Communications Manager will maintain timely and continual communication with the City.
Communications
Establlshing open channels of communication and continuing building a strong working relationship between City staff and GIS Team will enhance communication throughout the Program. We hold regular team meetings to report on and monitor progress on projects and operations. We will participate in monthly IT governance meetings, quarterly (minimum) stakeholder meetings and user group meetings. These meetings include key Arini Geographies staff and City stakeholders. Progress and coordination meetings follow a set agenda, and review action items and key milestones. Action item lists and meeting minutes are being distributed soon after the meeting. Arini Geographies will also hold executive briefings as needed to inform the Chief Information Officer, the City Manager's Office, City Council, and other City staff of current projects status and challenges, as well as developing the City's strategic roadmap for managing geographically.
Quality Assurance
For every Enterprise GIS project and activity, we practice a variety of quality assurance practices including but not limited to multistage reviewing of data to identify errors and patterns of errors, scripting inquiries for anomalies, quality oriented database design, test plans, cataloging results, etc., which continually rechecks data quality.
Knowledge Transfer
Arini Geographies is the first line of Enterprise GIS technical support for the City. In accordance with the City agreements with various GIS software vendors, including Esri, we provide Level I technical support for all users in the City. To date, most user inquiries were solved in-house.
Agreement with Arini Geographies, LLC/ Exhibit A- Scope of Work Rev. 07-01-18
As we currently do for the GIS-based applications, including infoMap 2.0 and MapSantaClara, we will always provide embedded user guides, and classroom-based training to City staff and occasionally to the public at large.
Upon request, we provide one-on-one training sessions for all ArcGIS for Desktop users. We have also created training materials to familiarize departmental staff with editing versioned data in the Enterprise Geospatial Repository.
Moving forward, our Geospatial Communications Manager will devise a strategic plan for expanding City Enterprise GIS awareness, pairing business needs with creative solutioning, and creating well-defined key petiormance indicators (KPls).
By the end of the second year of services (November 1, 2021 ), with City's input and cooperation, Arini Geographies will prepare a Procedures Manual in the form and scope mutually agreed to by the Parties and will deliver the procedures manual to the City.
The Procedures Manual will contain procedures for performing the daily maintenance and operations Services so that the Services are performed accurately and in a timely manner, and will contain all operations manuals, support plans and user guides necessary and sufficient to document such procedures as mutually agreed. Arini will petiorm the Services in accordance with the City approved Procedures Manual.
Enterprise GIS Commitment
Arini Geographies is very excited to continue sharing with the City our technical expertise, geospatial problem solving, and agile project management approach, meeting and exceeding expectations, while ensuring alignment of the Enterprise GIS goals and actions with the City's Vision and Strategic Objectives.
Together with the IT Department, Arini Geographies is committed to the City of Santa Clara's Enterprise GIS Program, and is providing Geographic Information Systems (GIS) Professional Services to coordinate City GIS activities; maintain and enhance gee-spatial datasets; collaborate with efforts to leverage the capabilities of GIS as an integral part of City processes and information systems to streamline and enhance City operations and services to internal and external users; develop and/or maintain metadata and documentation describing active GIS capabilities, datasets, projects, map products, and routine data lifecycle management.
Central to the success of this endeavor has been the ability of Arini Geographies staff to partner with City stakeholders on assessing evolving City business needs and identify approaches to leverage GIS data technology and services to meet or exceed expectations, and to enhance the users experience.
Arini Geographies has a strong background in implementing Esri ArcGIS technology stack, with proven proficiencies at every tier of the Service Oriented Enterprise GIS Architecture, as follows:
Agreement with Arini Geographies, LLC/ Exhibit A - Scope of Work Rev. 07-01-18
The Authoring Tier
In order to gather, augment, or produce, and organize the City geodata, GIS Team together with data editors in various departments, use ArcGIS for Desktop and extensions such as Spatial Analyst and Network Analyst, to create, enrich, and maintain high-quality geodata, in a centralized multi-editor geospatial database we call the Enterprise Geospatial Repository. Additionally, we use Python scripting and high productivity tools such as Safe Software FME (Feature Manipulation Engine) to automate data extraction, transformation, and quality control.
Arini Geographies uses most modern field data instrumentation, such as its own custom-made Mobile Mapping System, Trimble survey-grade GPS/GNSS receivers, and Leica UDAR-based 30 data capture systems, providing the City with comprehensive asset inventories and inspection services, and paving the way to highly effective preventative maintenance through integration with the Enterprise Work Order Management, and furthermore towards the Digital Twin operational model.
We are also using Python, ArcGIS for Desktop and Adobe Creative Suite to perform complex geospatial analyses and create attractive cartographic output, respectively.
Results are published as web mapping services through the on-premises ArcGIS for Server, and on ArcGIS Online. Hard copy cartographic production, on paper or simply as static images for presentations or web pages are also produced on demand.
The Enterprise Geospatial Repository
Enterprise Geospatial Repository (EGR) is a single authoritative "place" for all things location that will centralize the data creation and maintenance operations among departments and serve as the data system of record for most of the asset categories in the City. To this end, Arini Geographies has designed and is maintaining a versioned ArcSDE geodatabase with MS SQL Server backing, now known as the Enterprise Geospatial Repository. EGR allows every department to retain data ownership, and fulfill editing and updating responsibilities, while the data is programmatically accessible across the enterprise.
EGR supports a diverse range of business processes and their specific datasets, initially starting with land use management, planning and building inspection, and some pipeline utilities. The initial feature datasets consisted of parcel geometries and attributes, development of a Master Address Dataset, census data information, streets, and land ownership. Complex relationship modeling and built in data quality assurance completes the EGR as a veritable model of land use management and development.
Soon thereafter that dataset, generally known as the City Basemap, was expanded to include data one mile outside of the City border, tripling the dataset in size, and providing much needed information especially for public safety operations.
Experiencing the advantages of the R through customized web viewers and version editing, most City departments requested their workflows and data to be integrated and maintained within the EGR.
Agreement with Arini Geographies, LLC/ Exhibit A - Scope of Work Rev. 07-01-18
Enterprise GIS Integration
We have been continuing the Enterprise GIS Program expansion across multiple City departments - Community Development, Police, Fire, Water & Sewer, Public Works, Parks & Recreation, Electric and Finance. Arini Geographies on-site GIS team have been providing guidance and actively participating in creating solutions for these efforts, ensuring geospatial data quality, unveiling the advantages of using of centralized geospatial information from the early stages of each of these projects, and realizing the benefits of integrations through ensuring highest data quality and creative automation.
Today, the EGR is serving various city operations through integrations with a wide variety of business specific information systems, for various City departments:
enterprise asset and work order management, computer aided dispatch (CAD) and emergency response, enterprise permitting, enterprise document management, and stadium public safety operations.
With an expanding business case, and tremendous support and partnership from stakeholders, Arini Geographies has been designing and is implementing a strategic plan for the redesign and upgrade of the existing Enterprise Geospatial Platform at the City, based on the latest Esri ArcGIS Core technology, and offering superior performance and data security, in a redundant and highly available compute environment.
Publishing and Consumption Tiers
Arini Geographies has configured and is administering complex ArcGIS for Server sites at the City of Santa Clara. These are used to publish multiple mapping and feature services that are consumed by mobile applications, and the internal and external Web based Enterprise GIS Viewers, including infoMap 2.0, the internal-facing Enterprise GIS Viewer that provides trustworthy decision-making information and maps to City staff, as well as MapSantaClara and the Geospatial Open Data Repository, two applications that help widely disseminate geospatial data and information to the public at large. We are making good use of the City's ArcGIS Online site license by publishing Story Maps and cloud-based applications.
Adhering to the principle of "design once, use multiple times," we are leveraging various technology components and functionalities of the Enterprise GIS Platform to model laborious workflows and dramatically increase staff productivity.
Agreement with Arini Geographies, LLC/ Exhibit A - Scope of Work Rev. 07-01-18
Enterprise GIS Activities
Arini Geographies has collaborated closely with City of Santa Clara to identify the following GIS activities. For the next phase of the City's Enterprise GIS Program, professional GIS services will be divided in two major categories: Operations and Projects - each of which would need to have its own budget allocation, engagement level and metrics. Below is a high-level summary of tentatively planned work items for the first year, subject to review and prioritization.
Operational Maintenance System Support Activities (Summary) Estimate Enterprise GIS Basemap and related systems and applications, $ 200,000 including on-demand analysis and cartographic representations - the Enterprise Geospatial Repository, infoMap and MapSantaClara, the Geospatial Data Portal and Interactive Story Maps
Public Safety dedicated datasets, maps, map services, applications $ 150,000 and integration, for both Fire and Police Departments - Tablet Command, lnterra, HazMat, Complex Cards, Run Cards, etc. CAD, RMS and mobile (MDCs), and the Common Operational Picture Enterprise Asset Management maintenance for existing asset classes $ 100,000 in GIS: water, wastewater, recycled water, storm drain, parks and recreation, city facilities
Enterprise GIS Program Management and Business Development $ 200,000 Operations subtotal $ 650,000
Project Design, Integration, Implementation Activities (Summary) Estimate Document Management Integration and Viewer $ 60,000
Permitting System Implementation and IS Integration $ 50,000 Traffic Signage Asset Inventory $140,000
Enterprise GIS Infrastructure Upgrade $150,000
• Enterprise GIS for Electric Utility $100,000
I Projects subtotal $500,000
First year priorities estimated budget total $ 1,150,000 Arini Geographies will conduct regular (monthly, bimonthly, or as mutually agreed) stakeholder's status report meetings to review progress and for acceptance of deliverables. Changes to the above activities may occur based on mutual agreement of the parties during such stakeholder meetings. Additionally, Arini Geographies will produce an Overall Progress Status report to be discussed monthly during IT governance review.
Agreement with Arini Geographies, LLC/ Exhibit A - Scope of Work Rev. 07-01-18
For future years of the agreement, FY 20/21 and 21/22, a similar process will be followed working with City IT staff to identify projects, priorities, estimated budgets (subject to available and appropriated funds within the maximum amount allowed under this Agreement) and deliverables.
Towards a Smart City Digital Twin Model
Arini Geographies has a good understanding of the City of Santa Clara needs, and is providing best-in-class professional GIS services to the City, including:
• Business process analysis, requirements elicitation, workflow diagraming and streamlining recommendations;
• Development and implementation of geo-data standards and geospatial information handling procedures;
• GIS data layers (e.g. asset classes, addresses, buildings, etc.) development, acquisition, quality assurance and maintenance;
• GIS technology selection, deployment, and vendor relationship management; • Enterprise GIS architecture and integration with multiple citywide line-of-business applications
• GIS-based web/mobile-based applications development and maintenance; • Enterprise geospatial repository design, tune-up, and maintenance; • On-demand geospatial analysis and cartography;
• Staff training and enterprise GIS technical support; and • Other GIS specific services to meet City's mandate.
The maturity of the City Enterprise GIS that Arini Geographies helped create is expressed in its readiness, robustness, and flexibility to integrate with various business specific information systems, increasing their value and accelerating the return on · investment, while providing organization and time-savings to the City, through suppling validated location information and functionality, with measurable significant improvements in operational effectiveness; data-driven decision-making; and community engagement, approval, and quality of life.
Agreement with Arini Geographies, LLC/ Exhibit A - Scope of Work Rev. 07-01-18
EXHIBIT B
SCHEDULE OF FEES
Contractor will bill City on a monthly basis for Services provided by Contractor during the preceding month on an invoice and in a format approved by City and subject to verification and approval by City. City will pay Contractor within thirty (30) days of City's receipt of an approved invoice.
The maximum compensation as noted in Section 6 of this Agreement entitled "Compensation and Payment" is subject to budget appropriations, which includes all payments that may be authorized as required to perform the Services including expenses, supplies, materials and equipment, travel and COLA as noted below.
Consultant shall provide a schedule of rates and fees billing amounts and costs set forth in the schedule as follows.
Title/ Role Rate I Hour
Enterprise GIS Architect $220.00
Project Portfolio Manaqer $172.00
Geospatial Communications Manager $172.00
GIS Analyst Integration $147.00
GIS Analyst Administrator $147.00
GIS Analvst- Developer $147.00
GIS Technician Operations $115.00
GIS Technician - Field Data Collection $115.00
GIS Technician - Cartoqraphv $115.00
Additionally, at times, Arini Geographies may hire specialized expertise, to fulfill certain development and integration requirements, as needed. Such resources would be billed at established equivalent rates above subject to prior City approval.
Travel Expenses
In order to fulfill its obligations, including representing or accompanying the City at meetings or conferences, occasionally the Contractor may travel at City's request. In such situations the City shall reimburse the vendor for all reasonable and customary expenses on an actual as-incurred basis which shall not exceed the current City travel expense reimbursement policy.
Cost of Living Adjustment (COLA)
Vendor may request rate adjustments subject to review and approval by City as follows: Rates will be adjusted annually for inflation based on the Consumer Price Index, Urban Wage Earners and Clerical Workers (Current Series), Not Seasonally Adjusted, San Francisco- Oakland- San Jose, CA, provided by the Department of Labor Bureau of Labor Statistics. Service Provider Contract Staff Labor Rates will be adjusted at 100% of the applicable COLA. The COLA adjustment will begin on July 1, 2021 and each subsequent Contract Year on July 1, based on the period ending December 31 of the previous year.
Agreement with Arlni Geographies, LLC/ Exhibit B - Fee Schedule Rev. 07-01-18
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf' basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned, non-owned and hired autos.
Agreement with Arini Geographies, LLC/Exhibit C-lnsurance Requirements Rev. 07-01-18
In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of two million dollars ($2,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.
C. WORKERS' COMPENSATION
1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85 or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the Indemnities may possess, including any self-insurance or self-insured retention they may have. Any other Agreement with Arini Geographies, LLC/Exhibit C-lnsurance Requirements Rev. 07-01-18
insurance Indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.
3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non renewal.
4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through D of this Exhibit C, above.
E. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of Agreement with Arini Geographies, LLC/Exhibit C-lnsurance Requirements Rev. 07-01-18
complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
F. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.
G. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIX Inc.
City of Santa Clara - IT Department
P.O. Box 100085- S2 or
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
H. QUALIFYING INSURERS
1 Ebix Way
John's Creek, GA 30097
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Agreement with Arini Geographies, LLC/Exhibit C-lnsurance Requirements Rev. 07-01-18
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-654 Agenda Date: 10/8/2024
REPORT TO COUNCIL
SUBJECT
Action on Amendment No. 4 to the Agreement with Townsend Public Affairs, Inc. for Legislative Advocacy Services
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
The City of Santa Clara engages in a variety of legislative efforts that is consistent with Council Policy 052 Legislative Advocacy Position Policy, including developing an annual legislative platform through annually adopted Legislative Advocacy Positions, advancing the City’s goals and policy positions with regional, state, and federal elected officials and agencies, participating in regional and state committees, boards, and commissions, responding to requests for legislative support or comments for bills, ballot measures, and initiatives, identifying budget opportunities and applying for grant funding to support City programs and infrastructure. In the absence of fulltime legislative City staff, consulting services enhances staff’s ability to implement the City’s legislative program.
In Fall 2019, the City conducted a competitive Request for Qualifications process for state and federal legislative advocacy services and selected Townsend Public Affairs, Inc. (Townsend) out of seven firms that submitted proposals. Townsend is a state and federal legislative advocacy and grant writing firm that provides lobbying and funding services to public agencies and non-profit organizations throughout California. Townsend has represented over 300 public agencies, including cities, counties, transportation agencies, water and sanitation districts, school districts, community college districts, park and recreation districts, and other special districts, as well as non-profit organizations. The firm has secured over $3.1 billion in public sector funding for its clients and has had over 150 client-sponsored bills signed into law.
In January 2020, the City entered into a one-year agreement with Townsend (Attachment 1) for state and federal legislative advocacy services, including the following:
· Conducting detailed orientation
· Developing legislative strategy
· Implementing the legislative strategy
· Building and strengthening relevant relationships
· Leveraging relationships for strategic advocacy plan
· Coordinating advocacy trips and legislative appointments · Tracking legislation of importance to the City and its many services · Budget funding opportunities and advocacy for the City’s interests City of Santa Clara Printed on 10/4/2024Page 1 of 5
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24-654 Agenda Date: 10/8/2024
· Grant application development and support
· Post-grant submittal advocacy
· Crafting testimony and position letters
· Drafting bill language
· Providing progress reports
· Preparing and filing lobbying disclosure reports
The agreement allows the City to exercise four (4) additional one-year options after the initial term for a total of five years. On January 26, 2021, the Council approved an Amendment No. 1 to the Agreement with Townsend (Attachment 2) which extended the term of agreement by two years and increased the total not to exceed amount from $90,000 to $252,000 to ensure legislative services and advocacy during the COVID-19 Pandemic. On October 18, 2022, the Council approved an Amendment No. 2 to the Agreement with Townsend (Attachment 3) which further extended the term of agreement by one year and increased the total not to exceed amount from $252,000 to $342,000 to maintain existing levels of legislative and funding advocacy services. On December 12, 2023, the Council approved an Amendment No. 3 to the Agreement with Townsend (Attachment 4) that extended the term of agreement through January 29, 2025 and increased the total not to exceed amount from $342,000 to $434,700 to again maintain existing levels of legislative and funding advocacy services. The Agreement with Townsend provides for a monthly retainer fee that is inclusive of all services and related travel.
As such, staff is presenting a proposed Amendment No. 4 to the Agreement with Townsend to extend the term of agreement by two additional years and to increase the total not to exceed amount by $185,400 ($92,700 per year), from $434,700 to $620,100, to fund the extension (Attachment 5).
Townsend has agreed to maintain the same monthly retainer fee of $7,725 for the two years.
DISCUSSION
Townsend has performed a wide range of advocacy services for the City. Townsend’s extensive knowledge about the state and federal legislative processes, long standing relationships with elected officials and agencies, and experienced staff, including a team of grant writers, have provided significant support to the City in both legislative and operational areas of work. The services provided by Townsend have resulted in saving countless hours of staff time, funding of key City projects, and ensuring that the City is aware of and compliant with new state and federal funding opportunities, regulations, and corresponding deadlines. As noted above, the City does not have any fulltime legislative staff, so such legislative services are necessary to support the implementation of the City’s legislative program.
Legislative Advocacy
Townsend supports the City’s legislative program through the following areas of work:
· Conduct legislative briefings to provide updates, discuss the City’s legislative priorities, and develop annual Legislative Advocacy Positions for Council consideration and adoption. · Prepare quarterly legislative updates to the Council. · Assist with the preparation of legislative analyses and recommendations for Councilmembers’ participation in monthly Cities Association of Santa Clara County Legislative Action Committee meetings and League of California Cities’ Annual Conference. · Provide regular updates on state and federal legislative activity in the areas of interest outlined City of Santa Clara Printed on 10/4/2024Page 2 of 5
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24-654 Agenda Date: 10/8/2024
in the City’s Legislative Advocacy Positions.
· Advise on legislative matters and assist with the preparation of agenda reports and letters of support.
· Engaging with state and federal elected officials and agencies on the City’s behalf.
Funding Advocacy
In addition to legislative advocacy services, Townsend also provides funding advocacy services. As part of these services, Townsend provides the City with a matrix of upcoming funding opportunities at the federal and state levels that may be of interest to city departments on a regular basis. When requested, Townsend works directly with city departments to provide background information on funding opportunities and analyze the potential competitiveness of projects for certain grant opportunities. Additionally, Townsend works with city departments to help support grant writing efforts, including working with staff to complete grant applications and providing feedback on applications developed by staff. Townsend has provided this type of support on a number of grant opportunities throughout the term of the agreement, including the City’s Community Planning grant application to U.S. Department of Transportation’s Reconnecting Communities Pilot Program for the Santa Clara Caltrain/BART Station Multimodal Crossing Feasibility Study.
Separately, Townsend provides guidance and helps submit the City’s federal Community Project Funding/Congressionally Directed Spending (CPFCDS) and State budget requests. Through these processes, Townsend has helped the City secure $11,538,000 in funding for the following key projects: De La Cruz Blvd, Lick Mill Blvd, and Scott Blvd Bicycle Projects ($2,725,000), Magical Bridge All-Inclusive Playground ($800,000), Anna Drive Neighborhood Flood Protection Project ($3,000,000), Fire Station Microgrid Project ($500,000), Regional Public Safety Interoperable Radio Communications ($1,750,000), and Santa Clara Overnight Care Locations ($1,800,000), and Public Safety Communications Infrastructure ($963,000). At the time of writing this report, the City has two pending CPFCDS projects that are still moving forward in the FY 25 House appropriations process:
Pruneridge Avenue Complete Streets Project in the amount of $500,000 and Silicon Valley Hopper On-Demand Microtransit Shuttle in the amount of $250,000.
It should be noted that such grant writing and funding efforts provided by Townsend, or any consultant, require oversight, management, and coordination that only staff would be able to implement as the subject matter experts of City projects. With Townsend’s assistance, staff will continue to pursue feasible funding opportunities for City projects, especially those without current funding sources.
In addition to identifying potential funding opportunities and supporting with the development of grant applications, Townsend also works with the City to advocate on behalf of funding applications submitted by the City. These efforts include working with the City’s legislative delegation to secure letters of support for pending applications, working with the legislative delegation to directly contact funding agencies, and, when permitted, directly advocating on behalf of city applications with key decisionmakers within funding agencies. In the event of an unsuccessful grant application, Townsend is available to work with City staff to conduct debrief meetings with funding agencies to receive feedback on the project submittal and incorporate the feedback into future grant applications. Lastly, Townsend, at the City’s direction, works with state and federal funding agencies to assist the City with any issues that may arise in the administration of successful grant applications, which has occurred in the past with a few CPFCDS projects.
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24-654 Agenda Date: 10/8/2024
Planned Work Efforts and Need for Proposed Amendment
In the upcoming legislative session, it is expected that the State Legislature will continue to introduce and consider legislation aimed at increasing housing production, addressing homelessness through a mix of bills aimed at moving individuals into supportive housing, and addressing public safety related to retail theft and fentanyl. Additionally, there have been discussions on potential legislation related to economic development and some interest in looking at ways to help local governments generate additional local revenue, how sales tax is distributed as it relates to the online sale of goods, and transportation funding.
There is also a need for continued legislative services to advocate for state and federal resources that will support the City in its planning and implementation of SBLX and FWC26, which will be hosted at Levi’s Stadium in February and June-July 2026, respectively. Townsend has assisted with these efforts in various ways, including scheduling meetings for the City Manager to meet with elected representatives during the January 17-19, 2024 U.S. Conference of Mayors Meeting in Washington D.C. to discuss the planning and support for FWC26, sharing the U.S. Conference of Mayor’s request for letters of support from FWC26 host communities to request the creation of a White House World Cup Task Force to oversee the preparation and security of the FWC26 games, and providing legislative updates related to the 2026 Major Events, among other things. These legislative efforts are consistent with the City’s 2024 Public Safety and Regional Issues and Collaboration Legislative Advocacy Positions that outline support for legislation, funding and resources that assist the City, Santa Clara Stadium Authority, and greater San Francisco Bay Area with hosting upcoming major events at Levi’s Stadium and aim to provide public safety resources that will be used and implemented to ensure safe and successful major events throughout the City.
Legislative services enhance staff’s ability to track bills, monitor legislative efforts that may impact the City, and act on regional, state, and federal items that advance the City’s priorities. The City’s main point of contact at Townsend has remained the same during the entirety of the agreement term, and has institutional knowledge of the City’s legislative program, legislative priorities and established working relationships with City staff and the elected officials representing the City at the state and federal levels. Disruption of legislative services in the upcoming months to transition to a potential new consultant during a time when the City is seeking state and federal resources that may assist with the hosting of the 2026 Major Events could impact these critical efforts. As such, staff is seeking a two-year extension of the agreement through the conclusion of the FWC26 games in July 2026 and plans to conduct a competitive process for legislative services in late summer/early fall 2026 to ensure a new agreement is in place when the existing Agreement with Townsend terms out in January 2027.
For these reasons, staff recommends approval of the proposed Amendment No. 4 to the Agreement with Townsend to extend the term for two additional years through January 29, 2027 and increase the total not to exceed amount by $185,400 ($92,700 per additional year of service) accordingly to fund the extension. Townsend’s current annual rate for Year 5 (January 30, 2024 through January 29, 2025) of the Agreement is $92,700 and is based on a monthly retainer fee of $7,725 that is inclusive of all services and related travel. The proposed rate for Years 6 and 7 of the Agreement (January 30, 2025 through January 29, 2027) remains flat from Year 5. If approved by Council, this would bring the total agreement amount to $620,100 over the course of seven years.
ENVIRONMENTAL REVIEW
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24-654 Agenda Date: 10/8/2024
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
The existing agreement with Townsend has a total not to exceed amount of $434,700. The proposed Amendment No. 4 will increase the value of the contract by $185,400, with a not to exceed amount of $620,100. Existing funds are available in the FY 2024/25 Adopted Operating Budget under the City Manager’s Office’s Intergovernmental Relations and Advocacy budget to cover the cost of Year 6 of the Agreement ($92,700). Funding for Year 7 of the Agreement ($92,700) will be subject to future budget appropriations.
COORDINATION
This report has been coordinated with the City Attorney’s Office and Finance Department.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]>.
RECOMMENDATION
Authorize the City Manager to execute Amendment No. 4 to the Agreement with Townsend Public Affairs, Inc. for legislative advocacy services to extend the term of the agreement through January 29, 2027 and increase the total not to exceed amount from $434,700 to $620,100, subject to budget appropriations, in a final form approved by the City Attorney.
Prepared by: Christine Jung, Assistant to the City Manager Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Original Agreement with Townsend Public Affairs, Inc.
2. Amendment No. 1 to Agreement with Townsend Public Affairs, Inc.
3. Amendment No. 2 to the Agreement with Townsend Public Affairs, Inc.
4. Amendment No. 3 to the Agreement with Townsend Public Affairs, Inc.
5. Proposed Amendment No. 4 to the Agreement with Townsend Public Affairs, Inc.
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EBIX Insurance No. *S200004470
AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
TOWNSEND PUBLIC AFFAIRS, INC.
PREAMBLE
This Agreement is enter~d into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Townsend Public Affairs, Inc·., a California corporation, (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services";
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A - Scope of Services
Exhibit B - Schedule of Fees
Exhibit C - Insurance Requirements
Exhibit D- Labor Compliance Addendum (if applicable)
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, Agreement with Townsend Public Affairs, Inc.
Rev. 07-01-18
whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and_ Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on January 30, 2020 and terminate on January 29, 2021. The City reserves the right to exercise four (4) additional one-year options after the initial term for a total of five years. The selected consultant may request adjustments to the compensation rates after the initial term. Compensation adjustments shall be subject to the City's approval and must be tied to a relevant price index.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.
4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.
5. QUALIFICATIONS OF CONTRACTOR- STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor's represehtations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
6. COMPENSATION AND PAYMENT
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is ninety thousand dollars ($90,000), subject to Agreement with rownsend Public Affairs, Inc. Page 2
Rev. 07-01-18 ·
budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work perfonned or materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.
7. TERMINATION
A Tennination for Convenience. City shall have the right to tenninate this Agreement, without cause or penalty, by giving not less than Thirty (30) days' prior written notice to Contractor.
B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.
C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of tennination, but no later than ten (1 0) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.
8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.
Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.
9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their perfonnance of Services under this Agreement.
Agreement with Townsend Public Affairs, Inc.
Rev. 07-01-18
11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.
12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to Contractor's Services hereunder.
14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, Agreement with Townsend Public Affairs, Inc.
Rev. 07-01-18
liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement - including claims of any kind by Contractor's employees or persons contracting with Contractor to perfonn any portion of the Scope of Services - and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.
B. Contractor's obligation to protect, defend, indemnify, and hold harmless in full City and City's employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act ("Act") and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor's responsibilities under the Act.
15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City's review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
Agreement with Townsend Public Affairs, Inc.
Rev. 07-01-18
17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Christine Jung, City Manager's Office
1500 Warburton Aven·ue
Santa Clara, CA 95050
and by e-mail at [email protected], and
[email protected]
And to Contractor addressed as follows:
Townsend Public Affairs, Inc.
Attention: Christopher Townsend, President
925 L Street, Suite 1404
Sacramento, CA 95814
and by e-mail at [email protected], and [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1 :OO p.m. on a Friday shall be deemed to have been transmitted on the following business day.
18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to "The Code of the City of Santa Clara, California" ("SCCC"). In particular, Contractor's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City's Ethical Standards (http://santaclaraca.gov/home/showdocument7id=58299).
19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 anq Agreement with Townsend Public Affairs, Inc.
Rev. 07-01-18
following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written c~nsent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United.States District Court, Northern District of California, San Jose, Califqrnia.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
Agreement with Townsend Public Affairs, Inc.
Rev. 07-01-18
25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
Approved as to Form:
BRIAN DOYLE
City Attorney
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
"CITY"
AJ. SANTANA
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
TOWNSEND PUBLIC AFFAIRS, INC.
A CALIFORNIA CORPORATION
By (Sign~;:~: ~~:.l
Title: President
Principal Place of 925 L Street, Suite 1404, Sacramento, CA Business Address: 95814 ----------------
Em a i I Address: [email protected]
Telephone: (916) 447-4086
Fax: (916) 244-0209
"CONTRACTOR"
Agreement with Townsend Public Affairs, Inc.
Rev. 07-01-18
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below.
Contractor shall provide state and federal legislative advocacy service.s, including:
• Conduct detailed orientation
• Develop legislative strategy
• Implement the legislative strategy
• Build and strengthen relevant relationships
• Leverage relationships for strategic advocacy plan
• Coordinate advocacy trips
• Track legislation
• Budget funding opportunities
• Grant application development and support
• Post-grant submittal advocacy
• Craft testimony and position letters
• Draft bill language
• Provide progress reports
• Prepare and file lobbying disclosure reports
Agreement with Townsend Public Affairs, lnc./Exhibit A-Scope of Services Rev. 07-01-18
EXHIBIT B
SCHEDULE OF FEES
The maximum compensation the City will pay the Consultant for all professional fees, costs, and expenses provided under this Agreement shall not exceed ninety thousand dollars ($90,000) during the term of the Agreement.
Contractor will bill City on a monthly basis for Services provided by Contractor during the preceding month on an invoice and in a format approved by City and subject to verification and approval by City. City will pay Contractor within thirty (30) days of City's receipt of an approved invoice.
The monthly fee for the full scope of services detailed under Exhibit A shall be seven thousand and five hundred dollars ($7,500). The monthly fee shall include all reasonable business and travel expenses.
Agreement with Townsend Public Affairs, lnc./Exhibit 8-Schedule of Fees Page 1 Rev. 07-01-18 ·
EXHIBITC
INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor's insurance. The minimum coverages, provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf' basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.
In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated sub~tances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of one million dollars ($1,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.
C. WORKERS' COMPENSATION
1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney's Office.
E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and .each umbrella or excess policy.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 1 0 03 97 and CG 20 37 1 0 01, or its equivalent.
2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.
3. Cancellation.
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
Contractor and City agree as follows:
1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement. ·
G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.
H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIX Inc.
City of Santa Clara City Manager's Office
P.O. Box 100085- S2 or 1 Ebix Way
Duluth, GA 30096 John's Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Ebix Insurance No. S200004470
AMENDMENT NO. 1
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
TOWNSEND PUBLIC AFFAIRS, INC.
PREAMBLE
This agreement ("Amendment No. 1 ") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Townsend Public Affairs , Inc., a California corporation , (Contractor) . City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Services between the City of Santa Clara, California, and Townsend Public Affairs , Inc.", dated February 5, 2020 (Agreement); and B. The Parties entered into the Agreement for the purpose of having Contractor provide legislative advocacy services, and the Parties now wish to amend the Agreement to (a) extend the term of the Agreement through January 29, 2023; and (b) to increase the maximum compensation of this Agreement by $162,000 for a total of $252 ,000.
NOW, THEREFORE , the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 2 of the Agreement, entitled "TERM OF AGREEMENT" is amended to read as follows:
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement , the term of this Agreement shall begin on January 30, 2020 and terminate on January 29, 2023. The City reserves the right to exercise two (2) additional one-year options after the initial term for a total of five years. The selected consultant may request adjustments to the compensation rates after the initial term. Compensation adjustment shall be subject to the City's approval and must be tied to a relevant price index.
2. Section 6 of the Agreement, entitled "COMPENSATION AND PAYMENT" is amended to read as follows :
Amendment No. 1 to Agreement/Townsend Public Affairs Inc.
Rev. 10/25/19
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided · and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this agreement is two hundred and fifty-two thousand dollars ($252,000), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials, and equipment required to perform the Services . All work performed of materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.
3. Exhibit B of the Agreement, entitled "SCHEDULE OF FEES" is amended to read as follows:
The maximum compensation the City will pay the Contractor for all professional fees, costs, and expenses provided under this Agreement shall not exceed two hundred and fifty-two thousand dollars ($252,000) during the term of the Agreement. In no event shall the amount billed to City by Contractor for services under this Agreement exceed ninety thousand dollars ($90,000) for Year One of the initial term; seventy-two thousand dollars ($72,000) for Year Two of the initial term; and ninety thousand dollars ($90,000) for Year Three of the initial term, subject to annual budget appropriations .
Contractor will bill City on a monthly basis for Services provided by Contractor during the preceding month on an invoice and in a format approved by City and subject to verification and approval by City. City will pay Contractor within (30) days of City's receipt of an approved invoice.
The monthly fee for the full scope of services detailed under Exhibit A for Year One of the initial term (January 30, 2020 - January 29, 2021) shall be seven thousand and five hundred dollars ($7,500); for Year Two of the initial term (January 30, 2021 - January 29, 2022) shall be six thousand dollars ($6,000); and for Year Three of the initial term (January 30, 2022 - January 29, 2023) shall be seven thousand and five hundred dollars ($7,500) . The monthly fee shall include all reasonable and travel expenses.
4. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In. case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.
Amendment No. 1 to Agreement/Townsend Public Affairs, Inc.
Rev. 10/25/2019
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives .
SRI N DOYLE
City Attorney
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
h./ DEANN J SANTANA
'J City Man er
"CITY"
1500 Warburton Avenue
Santa Clara , CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
TOWNSEND PUBLIC AFFAIRS, INC.
a California corporation
By (Signature):/
Dated : Jan~r~, 2021 1
Name: _C_h __ · _-o~p-~I _T_o_w-1_n=s=e=n-d_ -_ -_-_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ Title : President
Principal Place of 925 L Street, Suite 1404,
Business Address : Sacramento, CA 95814
Email Address : [email protected]
Telephone: (916) 447-4086
Fax: (916) 244-0209
"CONTRACTOR"
Amendment No. 1 to Agreement/Townsend Public Affairs, Inc.
Rev. 10/25/2019
DocuSign Envelope ID: 3921F735-943C-4033-BOCC-987412618BE9 Ebix Insurance No. S200004470
AMENDMENT NO. 2
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
TOWNSEND PUBLIC AFFAIRS, INC.
PREAMBLE
This agreement ("Amendment No. 2") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Townsend Public Affairs, Inc., a California corporation, (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Services between the City of Santa Clara, California, and Townsend Public Affairs, Inc.", dated February 5, 2020 (Agreement);
B. The Agreement was previously amended by Amendment No. 1, dated January 29, 2021, and is again amended by this Amendment No. 2. The Agreement and all previous amendments are collectively referred to herein as the "Agreement as Amended"; and
C. The Parties entered into the Agreement as Amended for the purpose of having Contractor provide legislative advocacy services, and the Parties now wish to amend the Agreement as Amended to (a) extend the term of the Agreement through January 29, 2024; and (b) to increase the maximum compensation of tis Agreement by $90,000 for a total of $342,000.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 2 of the Agreement as Amended, entitled "TERM OF AGREEMENT" is amended to read as follows:
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on January 30, 2020 and terminate on January 29, 2024. The City reserves the right to exercise one (1) additional one-year option after the initial term for a total of five years. The selected consultant may request adjustments to the compensation rates after the initial term. Compensation Amendment No. 2 to AgreemenUTownsend Public Affairs, Inc.
Rev. 10/25/19
DocuSign Envelope ID: 3921F735-943C-4033-BOCC-987412618BE9 adjustment shall be subject to the City's approval and must be tied to a relevant price index.
2. Section 6 of the Agreement. Entitled "COMPENSATION AND PAYMENT' is amended to read as follows:
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this agreement is three hundred and forty-two thousand dollars ($342,000), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials, and equipment required to perform the Services. All work performed of materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.
3. Exhibit B of the Agreement, entitled "SCHEDULE OF FEES" is amended to read as follows:
The maximum compensation the City will pay the Contractor for all professional fees, costs, and expenses provided under this Agreement shall not exceed three hundred and forty-two thousand dollars ($342,000) during the term of the Agreement. In no event shall the amount billed to City by Contractor for services under this Agreement exceed ninety thousand dollars ($90,000) for Year One of the initial term; seventy-two thousand dollars ($72,000) for Year Two of the initial term; ninety thousand dollars ($90,000) for Year Three of the initial term; and ninety thousand dollars ($90,000) for Year Four of the initial term, subject to annual budget appropriations.
Contractor will bill City on a monthly basis for Services provided by Contractor during the preceding month on an invoice and in a format approved by City and subject to verification and approval by City. City will pay Contractor within (30) days of City's receipt of an approved invoice.
The monthly fee for the full scope of services detailed under Exhibit A for Year One of the initial term (January 30, 2020 - January 29, 2021) shall be seven thousand and five hundred dollars ($7,500); for Year Two of the initial term (January 30, 2021 - January 29, 2022) shall be six thousand dollars ($6,000); for Year Three of the initial term (January 30, 2022 - January 29, 2023) shall be seven thousand and five hundred dollars ($7,500); and for Year Four of the initial term (January 30, 2023- January 29, 2024) shall be seven thousand and five hundred dollars ($7,500). The monthly fee shall include all reasonable and travel expenses.
Amendment No. 2 to Agreement/Townsend Public Affairs, Inc.
Rev. 10/25/2019
DocuSign Envelope ID: 3921F735-943C-4033-B0CC-987412618BE9
4. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 2, the provisions of this Amendment No. 2 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the following signatures of their duly authorized representatives .
CITY OF SANT A CLARA, CALIFORNIA
a chartered California municipal corporation
Office otheClty Attorney
City of Santa Clara
Dated:
"CITY"
ev Batra
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
TOWNSEND PUBLIC AFFAIRS, INC.
a California corporation
Dated: ~~t<ia,y ,
By (Signature): E
1 :-4 Name: Cnns""'4f-op-1H""~"'r' __ T_o_w_n_s_e_n_d _________ _ Title: President
Principal Place of 925 L Street, Suite 1404
Business Address: Sacramento, CA 95814
Email Address: [email protected]
Telephone: (916) 447-4086
Fax: (916) 244-0209
"CONTRACTOR"
Amendment No. 2 to AgreemenUTownsend Public Affairs, Inc.
Rev. 10/25/2019
EBIX Insurance No. *S200004470
AMENDMENT NO. 3
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
TOWNSEND PUBLIC AFFAIRS, INC.
PREAMBLE
This Agreement (°Amendment No. 3") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Townsend Public Affairs, Inc., a California corporation, (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement enti~led "Agreement for Services between the City of Santa Clara, California, and Townsend Public Affairs, Inc.", dated February 5, 2020 (Agreement);
B. The Agreement was previously amended by Amendment No. 1, dated January 29, 2021, Amendment No. 2, dated November 7, 2022, and is again amended by this Amendment No. 3. The Agreement and all previous amendments are collectively referred to herein as the "Agreement as Amended"; and C. The Parties entered into the Agreement as Amended for the purpose of having Contractor provide legislative advocacy services, and the Parties now wish to amend the Agreement as Amended to (a) extend the term of the Agreement for through January 29, 2025; and (b) to increase the maximum compensation of this Agreement by $92,700 for a total of $434,700.
NOW, THEREFORE, the Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. Section 2 of the Agreement as Amended, entitled "TERM OF AGREEMENT" Is amended to read as follows:
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on January 30, 2020 and terminate on January 29, 2025. Section 6 of the Agreement entitled "COMPENSATION AND PAYMENT' is amended to read as follows:
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this agreement is four hundred thirty-four thousand and seven hundred dollars ($434,700), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials, and equipment required to perform the Services. All work performed of materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.
2. Exhibit B of the Agreement, entitled "SCHEDULE OF FEES" is amended to read as follows:
The maximum compensation the City will pay the Contractor for all professional fees, costs, and expenses provided under this Agreement shall not exceed four hundred thirty-four thousand and seven hundred dollars ($434,700) during the term of the Agreement. In no event shall the amount billed to City by Contractor for services under this Agreement exceed ninety thousand dollars ($90,000) for Year One of the initial term; seventy-two thousand dollars ($72,000) for Year Two of the initial term; ninety thousand dollars ($90,000) for Year Three of the initial term; ninety thousand dollars ($90,000) for Year Four of the initial term; and ninetyMtwo thousand and seven hundred dollars ($92,700) for Year Five of the initial term, subject to annual budget appropriations.
Contractor will bill City on a monthly basis for Services provided by Contractor during the preceding month on an invoice and in a format approved by City and subject to verification and approval by City. City will pay Contractor within (30) days of City's receipt of an approved invoice.
The monthly fee for the full scope of services detailed under Exhibit A for Year One of the initial term (January 30, 2020 - January 29, 2021) shall be seven thousand and five hundred dollars ($7,500); for Year Two of the initial term (January 30, 2021 M January 29, 2022) shall be six thousand dollars ($6,000); for Year Three of the initial term (January 30, 2022 M January 29, 2023) shall be seven thousand and five hundred dollars ($7,500); for Year Four of the initial term (January 30, 2023 - January 29, 2024) shall be seven thousand and five hundred dollars ($7,500); and for Year Five of the initial term (January 30, 2024- January 29, 2025) shall be seven thousand, seven hundred and twenty-five dollars ($7,725). The monthly fee shall include all reasonable and travel expenses.
3. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 3, the provisions of this Amendment No. 3 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the following signatures of their duly authorized representatives.
City Attorney
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
"CITY"
ager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
TOWNSEND PUBLIC AFFAIRS, INC.
A CALIFORNIA CORPORATION
Dated: \~ ~)1Q'3
By (Signature): :::If~~:~~;~~~=~ -;::=-o~=►;;;~ .,,..;;-z_;:=========== Name: ___ 1kc_o~~- - -· _n_s_e_nd ________ _
Title: President -----------------Pr inc i pa I Place of 925 L Street, Suite 1404 Business Address: Sacramento, CA 95814 ----~------------ Em a ii Address: _C_h_r_is_to~p_h_e_rT_o_w_n_se_n_d~@-t_o_w_n_se_n_d~p_a._c_om __ _ Telephone: __,(.__9_16_L)_4_47_-_40_8_6 __________ _
Fax: _(~9_16_L)_2_44_-_02_0_9 _________ _
"CONTRACTOR"
EBIX Insurance No. *S200004470
AMENDMENT NO. 4
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
TOWNSEND PUBLIC AFFAIRS, INC.
PREAMBLE
This Agreement (“Amendment No. 4”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Townsend Public Affairs, Inc., a California corporation, (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Services between the City of Santa Clara, California, and Townsend Public Affairs, Inc.", dated February 5, 2020 (Agreement);
B. The Agreement was previously amended by Amendment No. 1, dated January 29, 2021, Amendment No. 2, dated November 7, 2022, Amendment No. 3 dated December 20, 2023, and is again amended by this Amendment No. 4. The Agreement and all previous amendments are collectively referred to herein as the “Agreement as Amended”; and
C. The Parties entered into the Agreement as Amended for the purpose of having Contractor provide legislative advocacy services, and the Parties now wish to amend the Agreement as Amended to (a) extend the term of the Agreement for two additional years through January 29, 2027; and (b) to increase the maximum compensation of this Agreement by $92,700 per year for a total of $620,100.
NOW, THEREFORE, the Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. Section 2 of the Agreement as Amended, entitled “TERM OF AGREEMENT” is amended to read as follows:
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on January 30, 2020 and terminate on January 29, 2027.
2. Section 6 of the Agreement entitled “COMPENSATION AND PAYMENT” is amended to read as follows:
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this agreement is six hundred twenty thousand and one hundred dollars ($620,100), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials, and equipment required to perform the Services. All work performed of materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.
3. Exhibit B of the Agreement, entitled "SCHEDULE OF FEES" is amended to read as follows:
The maximum compensation the City will pay the Contractor for all professional fees, costs, and expenses provided under this Agreement shall not exceed six hundred twenty thousand and one hundred dollars ($620,100) during the term of the Agreement. In no event shall the amount billed to City by Contractor for services under this Agreement exceed ninety thousand dollars ($90,000) for Year One of the initial term; seventy-two thousand dollars ($72,000) for Year Two of the initial term; ninety thousand dollars ($90,000) for Year Three of the initial term; ninety thousand dollars ($90,000) for Year Four of the initial term; ninety- two thousand and seven hundred dollars ($92,700) for Year Five of the initial term; ninety-two thousand and seven hundred dollars ($92,700) for Year Six of the initial term; and ninety-two thousand and seven hundred dollars ($92,700) for Year Seven of the initial term, subject to annual budget appropriations.
Contractor will bill City on a monthly basis for Services provided by Contractor during the preceding month on an invoice and in a format approved by City and subject to verification and approval by City. City will pay Contractor within (30) days of City's receipt of an approved invoice.
The monthly fee for the full scope of services detailed under Exhibit A for Year One of the initial term (January 30, 2020 - January 29, 2021) shall be seven thousand and five hundred dollars ($7,500); for Year Two of the initial term (January 30, 2021 - January 29, 2022) shall be six thousand dollars ($6,000); for Year Three of the initial term (January 30, 2022 - January 29, 2023) shall be seven thousand and five hundred dollars ($7,500); for Year Four of the initial term (January 30, 2023 - January 29, 2024) shall be seven thousand and five hundred dollars ($7,500); for Year Five of the initial term (January 30, 2024 - January 29, 2025) shall be seven thousand, seven hundred and twenty-five dollars ($7,725); for Year Six of the initial term (January 30, 2025 - January 29, 2026) shall be seven thousand, seven hundred and twenty-five dollars ($7,725); and for Year Seven of the initial term (January 30, 2026 - January 29, 2027) shall be seven thousand, seven hundred and twenty-five dollars ($7,725). The monthly fee shall include all reasonable business and travel expenses.
4. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 4, the provisions of this Amendment No. 4 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 4 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
GLEN GOOGINS
City Attorney
JŌVAN D. GROGAN
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
TOWNSEND PUBLIC AFFAIRS, INC.
a California corporation
Dated:
By (Signature):
Name: Christopher Townsend
Title: President
Principal Place of
Business Address:
925 L Street, Suite 1404
Sacramento, CA 95814
Email Address: [email protected]
Telephone: (916) 447-4086
Fax: (916) 244-0209
“CONTRACTOR”
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-906 Agenda Date: 10/8/2024
REPORT TO COUNCIL
SUBJECT
Adoption of a Resolution Approving the California Governor’s Office of Emergency Services (Cal OES) Designation of Applicant’s Agent Resolution for Non-State Agencies (Cal OES Form 130) Designating the City Manager, Director of Finance, and Assistant Director of Finance as Authorized Agents of the City to Execute Agreements, Assurances, and Reimbursement Claims Required for related to Obtaining Federal Financial Assistance under Public Law 93-288, as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or State Financial Assistance under the California Disaster Assistance Act
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
The City of Santa Clara (City) may apply for assistance from the Federal Emergency Management Agency (FEMA) and California Governor’s Office of Emergency Services (Cal OES) when major disasters occur. FEMA administers federal disaster assistance programs and Cal OES administers state disaster assistance programs.
Cal OES requires a Designation of Applicant’s Agent Resolution for Non-State Agencies (Cal OES Form 130) to be on file for the purpose of obtaining (1) certain federal financial assistance under Public Law 93-288 (as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988) and (2) state financial assistance under the California Disaster Assistance Act. A resolution must be passed by the applicable governing body and submitted to the Cal OES authorizing a list of representatives to serve as Authorized Agents in matters relating to certain federal and state financial assistance. Authorized Agents may act as authorized signatories and validate and receive funds from FEMA and Cal OES. The designation remains active for three (3) years from the date of execution.
DISCUSSION
On March 11, 2020, the City Manager proclaimed an emergency due to conditions of extreme peril to the safety of persons and property within the City as a consequence of the global spread of a severe acute respiratory illness caused by a novel coronavirus (COVID-19). On March 17, 2020, City Council adopted Resolution No. 20-8815 ratifying the Proclamation of Local Emergency in the City of Santa Clara.
City staff have identified $1,356,446.71 of expenses the City incurred from March 2020 through June 2022 that are eligible for reimbursement as a result of the COVID-19 pandemic, including, but not limited to, expenses related to personal protective equipment (PPE), disinfectant supplies and equipment, screening supplies, public safety emergency response efforts, emergency community City of Santa Clara Printed on 10/4/2024Page 1 of 3
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24-906 Agenda Date: 10/8/2024
feeding programs, and management costs. In August 2024, FEMA obligated and approved the COVID-19 claims, and assigned Cal OES to process the reimbursement request to the City. CalOES requires the City to formally designate by resolution Authorized Agents to execute applications, agreements, and other actions pertaining to disaster relief and emergency assistance by filing Cal OES Form 130 (Attachment 2) before they can release the funds.
Staff recommends that the City Council authorize the titles of City Manager, Director of Finance, and Assistant Director of Finance, respectively, as Authorized Agents to apply for federal and state disaster financial assistance and act on all matters pertaining to such federal and state disasters, including the reimbursement of costs incurred by the City to date and any potential future expenditures associated with the COVID-19 pandemic.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to section 15378(b)(5) of Title 14 of the California Code of Regulations in that it solely facilitates funding and is therefore a fiscal activity that does not involve the commitment to a specific project which may result in a potentially significant physical impact on the environment.
FISCAL IMPACT
City staff have identified $1,356,446.71 of expenses the City incurred from March 2020 through June 2022 as a result of the COVID-19 pandemic that are eligible for reimbursement. Approval of the Resolution will provide the opportunity for the City to be reimbursed by FEMA and Cal OES for certain eligible costs incurred related to COVID-19. Upon receipt, funds will be used to reimburse the General Fund for COVID-19 related costs incurred in prior years.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website 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
Adopt a Resolution Approving Cal OES Form 130 Designating the City Manager, the Director of Finance, and the Assistant Director of Finance, respectively, by Title as Authorized Agents for the City of Santa Clara to Execute Agreements, Assurances, and Reimbursement Claims Required for Obtaining Federal Financial Assistance under Public Law 93-288, as amended by the Robert T.
Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or State Financial Assistance under the California Disaster Assistance Act.
Reviewed by: Kenn Lee, Director of Finance
Approved by: Jovan Grogan, City Manager
City of Santa Clara Printed on 10/4/2024Page 2 of 3
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24-906 Agenda Date: 10/8/2024
ATTACHMENTS
1. Resolution Approving Cal OES Form 130
2. Exhibit A - Cal OES Form 130 - "Designation of Applicant's Agent Resolution for Non-State Agencies"
City of Santa Clara Printed on 10/4/2024Page 3 of 3
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Resolution/Obtaining State or Federal Assistance Page 1 of 4 Rev: 7/27/2023
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
APPROVING AND ADOPTING THE DESIGNATION OF
APPLICANT’S AGENT RESOLUTION FOR NON -STATE
AGENCIES DESIGNATING AUTHORIZED AGENTS TO ACT ON
BEHALF OF THE CITY FOR PURPOSES OF OBTAINING STATE
AND FEDERAL ASSISTANCE AND AUTHORIZING SUCH
OTHER ACTIONS CONTAINED HEREIN
WHEREAS, the City of Santa Clara Municipal Code, Chapter 2.140, Disaster Council, provides for the preparation and carrying out of plans for the protection of persons and property within the City of Santa Clara (“City”) in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of the City with all other public agencies, corporations, organizations, and affected private persons; WHEREAS, the City of Santa Clara Municipal Code, Chapter 2.140, Disaster Council, created the Santa Clara Disaster Council consisting of the Mayor, who shall be chairperson, City Manager, who shall be vice-chairperson and Director of Emergency Services (“Director”), members of the City Council, City Attorney, City Clerk, and emergency services coordinator, a Deputy Director appointed by the City Manager, and certain service chiefs as selected by the Director;
WHEREAS, the Deputy Director, in the absence of, or at the direction of the Director, shall act on behalf of the Director;
WHEREAS, the Director is empowered to proclaim the existence or threatened existence of a “local emergency”; request the Governor of the State of California to proclaim a “state of emergency” when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency; control and direct the effort of the emergency organization of the City; direct cooperation between and coordination of services and staff of the emergency organization of the City and resolve questions of authority and responsibility that may arise between them; and represent the City in all dealings with public or private agencies on matters pertaining to emergencies;
Resolution/Obtaining State or Federal Assistance Page 2 of 4 Rev: 7/27/2023
WHEREAS, in the event of the proclamation of a “local emergency” as provided in the Code Chapter 2.140 by the Governor or Director, or the existence of a “state of war emergency,” the Director is empowered to make and issue rules and regulation on matters reasonably related to the protection of life and property as affected by such emergency; obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use; requisition necessary personnel or material of any City department or agency; execute all his/her ordinary powers as City Manager, all of the special powers conferred upon him/her by the Code Chapter 2.140 or by resolution or emergency plan pursuant thereto adopted by the City Council, all power conferred upon him/her by any statute, by an agreement approved by the City Council, and by any other lawful authority; WHEREAS, the City Manager/Director of Emergency Services or Deputy Director shall be responsible for preparing, overseeing, and tracking reimbursement claims to state and federal agencies;
WHEREAS, the State Office of Emergency Services (“Cal OES”) requires that non-state agencies, including the City of Santa Clara, adopt a Designation of Applicant’s Agent Resolution for Non-State Agencies (the “Cal OES 130 Form”) to designate individuals by position title to serve as authorized persons to act on behalf of the City for the purposes of obtaining federal financial assistance under Public Law 93-288, as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act; and
WHEREAS, the City Manager/Director of Emergency Services or Deputy Director shall act on behalf of the City for the purposes of obtaining federal financial assistance under Public Law 93- 288, as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act given their duties, as stated herein.
Resolution/Obtaining State or Federal Assistance Page 3 of 4 Rev: 7/27/2023
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the City Manager, as the Director of Emergency Services and the Deputy Director of Emergency Services are designated as authorized agents and hereby authorized to execute for and on behalf of the City for the purposes of obtaining federal financial assistance under Public Law 93-288, as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
2. That the City authorizes its agents to provide approvals to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.
3. That the City approves and adopts the attendant Cal OES Form 130 Resolution attached hereto as Exhibit A, in the form substantially presented, and that the City Manager may make such minor modifications to said Cal OES 130 Resolution as may be required or approved by the City Attorney.
4. Any agreements which may require execution by the authorized agents shall be subject to the review and approval as to form by the City Attorney.
Resolution/Obtaining State or Federal Assistance Page 4 of 4 Rev: 7/27/2023
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 8TH DAY OF OCTOBER, 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. Exhibit A - Cal OES Form 130 – “Designation of Applicant’s Agent Resolution for Non-State Agencies”
DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)
THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Au
thorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public entit
y estab
lished under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM) , under
- Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA
Gov Code – Gov, Title 2,
Div. 1, Chapter 7, Article 5, Sec
tions 8587.8, 8587.11, 8587.12
That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state
disaster assistance the assurances and agreements required.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES
-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
OES-FPD-130 Rev. 10-2022 Page 1 of 4
Please check the appropriate box below
This is a universal resolution and
is effective for all open and future
disasters/grants declared up to three (3) years following the date of approval.
This is a disas
ter/grant specific resolution and is effective for only disaster/grant number(s):
Passed and approved this __day of , 20
(Name and Title of Governing Bod
y Representative)
(Name and Title of G overning Body
Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the ab ove is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES
-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 2 of 4
□
□
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.
When completing the Cal OES Fo
rm 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:
Resolution Section:
Governing Body: This is the group respo
nsible for appointing and approving the
Authorized Agents.
Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.
Name of Applicant: The public entity established under the laws of the State of California.
Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.
Authorized Agent: These ar
e the individuals that ar
e authorized by the Governing Body
to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.
There are two ways of completing this section:
1. Titles
Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not
require the Governing Body’s signature.
2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES
-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 3 of 4
Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.
Governing Body Representative: These are the names and titles of the approving Board Members.
Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.
Certification Section:
Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.
Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.”
STATE OF CALIFORNIA
CALIFORNIA
GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 4 of 4
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-842 Agenda Date: 10/8/2024
REPORT TO COUNCIL
SUBJECT
Action on a Resolution Approving the 2025 Planning Commission Calendar of Meetings
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
The City Charter (Article X, Section 1003) and City Code Section 2.120.020(d) state that each board or commission shall hold regular meetings at the times and on the days indicated by resolution of the City Council.
DISCUSSION
At the August 21, 2024 Planning Commission meeting, the Commission recommended the proposed 2025 schedule of meetings (Attachment 2), which includes 11 meetings to be held on Wednesdays at 6 p.m.
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 government organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
There is no fiscal impact other than administrative time and expense to set the meetings.
COORDINATION
This report was coordinated with the City Attorney’s Office
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board City of Santa Clara Printed on 10/4/2024Page 1 of 2
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24-842 Agenda Date: 10/8/2024
outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]>.
RECOMMENDATION
Adopt a Resolution approving the 2025 Planning Commission Calendar of Meetings.
Reviewed by: Reena Brilliot, Acting Director, Community Development Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Resolution Approving 2025 Calendar of Meetings
2. 2025 Planning Commission Calendar of Meetings
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Resolution/PC Calendar of Meetings 2025 Page 1 of 1
Rev: 11/22/17
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
APPROVING THE 2025 PLANNING COMMISSION CALENDAR
OF MEETINGS
WHEREAS, Section 2.120.030 of the Santa Clara City Code (“SCCC”) requires City boards and commissions to hold regular meetings at the times and on the days indicated by resolution of the Council;
WHEREAS, on October 8, 2024, the Planning Commission recommended to the City Council its meeting schedule for 2025.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.
2. That the City Council hereby approves the 2025 Planning Commission Schedule of Meetings, attached hereto.
3. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ 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. 2025 Planning Commission Meeting Schedule
Schedule of Meetings
2025
PLANNING COMMISSION
CITY COUNCIL CHAMBERS
1500 Warburton Avenue
Santa Clara, CA 95050
Regular meetings are held on Wednesday evenings, beginning at 6:00 p.m., in the City Council Chambers at 1500 Warburton Avenue, Santa Clara, in accordance with the following schedule.
Meeting Dates
January 15, 2025
February 19, 2025
March 19, 2025
April 16, 2025
May 21, 2025
June 11, 2025
August 13, 2025
September 10, 2025
October 8, 2025
November 12, 2025
December 17, 2025
Approved at the August 21, 2024 Planning Commission Meeting
City of
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The Center of What 's Possible
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Agenda Report
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24-924 Agenda Date: 10/8/2024
REPORT TO COUNCIL
SUBJECT
Action on a Resolution Approving the 2025 Historical and Landmarks Commission Calendar of Meetings
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
The City Charter (Article X, Section 1003) and City Code Section 2.120.020(d) state that each board or commission shall hold regular meetings at the times and on the days indicated by resolution of the City Council.
DISCUSSION
At the September 5, 2024 Historical and Landmarks Commission meeting, the Commission recommended the proposed 2025 schedule of meetings (Attachment 2), which includes 11 meetings to be held on Thursdays at 6 p.m.
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 government organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
There is no fiscal impact other than administrative time and expense to set the meetings.
COORDINATION
This report was coordinated with the City Attorney’s Office
PUBLIC CONTACT
City of Santa Clara Printed on 10/4/2024Page 1 of 2
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24-924 Agenda Date: 10/8/2024
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]>.
RECOMMENDATION
Adopt a Resolution approving the 2025 Historical and Landmarks Commission Calendar of Meetings.
Reviewed by: Reena Brilliot, Acting Director, Community Development Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Resolution Approving 2025 Calendar of Meetings
2. 2025 Historical and Landmarks Commission Calendar of Meetings City of Santa Clara Printed on 10/4/2024Page 2 of 2
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RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
APPROVING THE 2025 HISTORICAL AND LANDMARKS
COMMISSION CALENDAR OF MEETINGS
WHEREAS, Section 2.120.030 of the Santa Clara City Code (“SCCC”) requires City boards and commissions to hold regular meetings at the times and on the days indicated by resolution of the Council;
WHEREAS, on October 8, 2024, the Historical and Landmarks Commission recommended to the City Council its meeting schedule for 2025.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.
2. That the City Council hereby approves the 2025 Historical and Landmarks Commission Schedule of Meetings, attached hereto.
3. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ 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. 2025 Historical and Landmarks Commission Meeting Schedule
Schedule of Meetings
2025
Historical and Landmarks
Commission
CITY COUNCIL CHAMBERS
1500 Warburton Avenue
Santa Clara, CA 95050
Regular meetings are held on Thursday evenings, beginning at 6:00 p.m., in the City Council Chambers at 1500 Warburton Avenue, Santa Clara, in accordance with the following schedule.
Meeting Dates
January 9, 2025
February 6, 2025
March 6, 2025
April 3, 2025
May 1, 2025
June 5, 2025
August 7, 2025
September 4, 2025
October 2, 2025
November 6, 2025
December 4, 2025
Approved at the September 5, 2024 HLC Commission Meeting
City of
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Agenda Report
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Santa Clara, CA 95050
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@SantaClaraCity
24-976 Agenda Date: 10/8/2024
REPORT TO COUNCIL
SUBJECT
Action to Authorize the City Manager to Issue Purchase Orders to The Okonite Company for the Purchase of Okonite Alternative Cables for Silicon Valley Power’s Distribution System
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
On November 14, 2023, the City Council authorized the City Manager to issue purchase orders to The Okonite Company for the purchase of standard 1100 KCMil and 1/0 MCM cables on a sole source basis. Silicon Valley Power (SVP) uses these two types of Okonite cable to connect switchgears and transformers in SVP’s distribution system. The Okonite Company has been the original manufacturer for SVP’s medium voltage cables for the past 15 years.
The 2023 City Council authorization was for a cumulative total amount of $7,264,378 for the time period beginning on November 13, 2023 (the date of the City Council action), through December 31, 2025, subject to the annual appropriation of funds. Following City Council approval, staff placed orders for both standard cable types, with deliveries expected in December 2024.
Due to significant increases in lead times, along with SVP’s extensive capital improvement program and increased preventative maintenance, the demand for the cables has increased. For comparison, in 2020, SVP ordered 32,000 linear feet of cable, 12,000 linear feet in 2022, and 70,000 linear feet in 2023.
Due to the one-year lead time for the standard cable types and in order to meet the critical needs of the electric utility, including meeting construction timelines, SVP staff worked with the Purchasing Division to acquire alternative cables as a pilot solution. These alternative cables, commonly used by larger utilities, are stocked by the vendor. SVP staff have determined that these alternative cables will meet the needs of SVP as an interim solution. As a result, staff is requesting authorization to purchase additional quantities of these alternative cable types.
DISCUSSION
Under Sections 2.105.250 and 2.105.290 of the Santa Clara City Code, competitive procurement is not required when due to circumstances beyond the control of the City, the time necessary to use the competitive procurement procedure would result in substantial economic loss to the City or substantial interference with a critical City operation.
Given the long lead time for the standard Okonite cables and SVP’s urgent operational needs, staff requests authorization to purchase up to $1,000,000 of alternative Okonite cable products through City of Santa Clara Printed on 10/4/2024Page 1 of 2
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24-976 Agenda Date: 10/8/2024
the period ending December 31, 2025. These alternatives are slightly lower in price compared to the standard cables, with the alternative 1100 KCMil priced at $26.68 per foot (versus $28.03 for the standard cable) and the alternative 1/0 MCM cables priced at $9.63 per foot (versus $11.93 for the standard cable).
Once the standard cables are received, SVP does not anticipate further use of the alternative cable types as they typically require additional labor, tooling, and parts which may reduce cost savings realized. However, this interim solution will ensure that critical projects can continue without delay.
ENVIRONMENTAL REVIEW
The actions being considered do not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to section 15378(b)(2) of Title 14 of the California Code of Regulations as the proposed actions only authorize the purchase of supplies.
FISCAL IMPACT
Funding for the purchase orders is budgeted in the Electric Operating Fund or Electric Utility Capital Fund for specific capital projects where applicable.
Funding for future years will be included in future proposed budgets through the regular budget process.
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website 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 protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Authorize the City Manager to issue purchase orders to The Okonite Company for the purchase of Okonite alternative cables for Silicon Valley Power’s distribution system with a total maximum purchase amount not to exceed $1,000,000 for the time period beginning on the date of this authorization through December 31, 2025, in forms approved by the City Attorney and subject to the annual appropriation of funds; and
2. Authorize the City Manager to take any actions as necessary to implement and administer the purchase orders including issuing change orders, subject to annual appropriation of funds.
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jovan D. Grogan, City Manager
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1500 Warburton Avenue
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24-639 Agenda Date: 10/8/2024
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Action on the Stadium Manager’s Request to Execute an Agreement with Staff Pro Inc. d/b/a Allied Universal Event Services for Event Security Services at Levi’s Stadium for a Three-Year Period with the Option to Extend Two Additional One-Year Periods
BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium
BACKGROUND
As the Stadium Manager of Levi’s Stadium, the Forty Niners Stadium Management Company LLC is responsible for maintaining the Stadium in the required condition and operating it as a quality NFL and multi-purpose public sports, public assembly, exhibit and entertainment facility as required by the Stadium Management Agreement between the Santa Clara Stadium Authority (Stadium Authority), Forty Niners SC Stadium Company LLC (StadCo), and the Stadium Manager.
Event security services are critical to the ongoing operation of Levi’s Stadium and are contracted for both ticketed and non-ticketed events held at Levi’s Stadium. The event security services contractor supports the Stadium Manager’s in-house security operation to ensure compliance with NFL best practices and requirements, and works in partnership with event promoters and production teams to manage security for Non-NFL ticketed events and non-ticketed events as required. Security responsibilities include, but are not limited to, access control, entry screening procedures using both frictionless and non frictionless technology, perimeter security, personal protection, foot patrols, camera monitoring, and other event-specific security functions.
The previous agreement for event security services for Levi’s Stadium was originally approved by the Stadium Authority Board on April 17, 2017, with Landmark Event Staffing Services, Inc. (Landmark) as the original vendor. In March 2023, Allied Universal Security Services Universal Protection Services LPP acquired Landmark and assumed its rights, duties, and obligations under the agreement. With the Stadium Authority Board’s approval, the agreement was amended in March 2024 to extend the term on a month-to-month basis, beginning on April 1, 2024, for up to six months until the Stadium Manager entered into a new agreement for event security services.
On April 16, 2024, the Stadium Manager issued a Request for Proposals (RFP) for event security services that 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 Staff Pro Inc.
DBA Allied Universal Event Services (Allied) as the recommended contractor.
On August 9, 2024, the Executive Director received a request from the Stadium Manager to enter into City of Santa Clara Printed on 10/4/2024Page 1 of 5
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an interim General Services Agreement with Allied for event security services at Levi’s Stadium through October 31, 2024. The interim General Services Agreement was requested to allow the Stadium Manager 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. These new measures are designed to ensure enhanced reporting, auditing, and performance outcomes.
Stadium Authority staff and the Santa Clara Police Department reviewed the Stadium Manager’s request and the draft interim General Services Agreement and provided 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, through delegation of authority from the Stadium Authority Board during the summer recess. The interim General Services Agreement covers event security services for both NFL and Non-NFL events. A copy of the interim General Services Agreement is attached for reference (Attachment 1).
The Stadium Manager is now requesting approval of an Agreement with Allied to provide event security services at Levi’s Stadium for a three-year period, commencing November 1, 2024 and ending on July 31, 2027, with an option to extend for two additional one-year periods (Attachment 2).
The proposed Agreement with Allied incorporates various accountability and performance measures for the vendor.
A Recommendation for Award Memo describing the request and the RFP process in more detail was submitted by the Stadium Manager (Attachment 3).
DISCUSSION
Stadium Authority staff reviewed the Stadium Manager’s Recommendation for Award memo and supporting RFP documents for consistency with the Santa Clara City Code Chapter 17.30 (Stadium Authority Procurement Policy) and Santa Clara City Code Chapter 2.105.140(c) (Competitive requirements for purchases - Formal requests for proposals for agreements with an amount over $250,000).
The Stadium Manager led the procurement process described in the Recommendation for Award memo and worked in partnership with the Santa Clara Police Department and Stadium Authority to develop the desired scope and services. Guidepost Solutions (Guidepost), a third-party firm contracted by the Stadium Authority, on November 20, 2023, to perform a security and neighborhood impacts assessment of Levi’s Stadium, also reviewed the scope. After the RFP closed, subject matter experts from the Stadium Manager and Santa Clara Police Department participated in the evaluation process that led to the selection of Allied as the recommended proposer.
The proposed Agreement with Allied includes the following key provisions to ensure enhanced reporting, auditing, and performance:
· After Action Reports: The contractor will prepare an After Action Report after every large- scale event.
· Monthly Reports: The contractor may be required to submit monthly reports describing staffing allocations, work performed, work status, work progress, difficulties encountered, remedial actions taken, and performance complaints and violations reported. Performance City of Santa Clara Printed on 10/4/2024Page 2 of 5
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complaints and violations include, but are not limited to, no call/no show rates, backfill rates and numbers, personnel complaints, violation of policies and procedures by staff members, and violation of uniform dress, appearance standards, and guard card verification. · Performance Audits: The Stadium Manager has the right to audit the contractor’s performance without notice throughout the performance period. · Service Level Agreement (SLA): Within 30 days of the agreement’s start date, the contractor must outline their administrative and operations plan as part of the SLA. SLAs are used in ongoing service agreements to outline the commitment between the vendor and client. They include details of the service, the standards the vendor must adhere to, metrics to measure performance, and remedies if the service levels are not achieved. The SLA will include:
o Financial penalties for non-performance identified at events. If the contractor's performance fails to meet the service levels established in the agreement, the financial penalties will remain in effect until those performance issues are resolved. o A year-end review conducted by the Stadium Manager following the completion of the first year of the agreement term, with the results provided to the contractor. If the contractor’s performance is deemed by the Stadium Manager to be below the standards specified in the agreement, including the SLA, the Stadium Manager may treat contractor’s substandard performance as a material breach of the agreement and may proceed with termination following notice and an opportunity to cure within the time specified and in accordance with the procedures set forth in Section 13 of the agreement.
The costs associated with the agreement are based on the compensation and fees schedule outlined in Exhibit B of the agreement. Fixed hourly rates are established for each labor category and are subject to an annual escalation. Rate increases for Years Two and Three are capped at 2.5% increase of the standard hourly rate each year. The compensation and fees schedule also establishes overtime (between 8-12 hours worked) and holiday rates which are capped at $2 extra over the standard hourly rate for Year One and 1.3 times the standard hourly rate for Years Two and Three. For hours worked beyond 12 hours, double time over the standard hourly rate will apply.
Rates for any extensions will be subject to mutual written agreement between the Stadium Manager and Allied.
The agreement does not include a not to exceed amount due to the unknown number of Non-NFL events per contract year that will require event security services; however, each Non-NFL event will be subject to the rates outlined in the agreement. For context, approximately $1.89M was expended in FY 2022/23 and $2.37M was expended in FY 2023/24 on Landmark and Allied’s respective event security services for Non-NFL events under the prior event security agreement.
Based on the documentation provided, staff recommends approval of the Stadium Manager’s request to execute an agreement with Allied for event security services at Levi’s Stadium for a three-year period with the option to extend for two additional one-year periods. Staff also recommends authorizing the Stadium Manager to execute the SLA described in Exhibit A of the agreement, in a form approved by the Stadium Authority Counsel, and to exercise the option to extend the agreement with the same basic terms and conditions for two additional one-year periods if the associated costs have been approved by the Board in the Stadium Authority Operating Budget for the respective fiscal year. Should rate increases be proposed for any extensions, staff recommends that they be limited to 6% annually or otherwise subject to approval by the Stadium Authority.
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The Stadium Authority reserves all rights to confirm and dispute charges by and payments to the Stadium Manager during a fiscal year-end reconciliation/true-up, including but not limited to changes based on improper allocation, calculation, lack of support, or failure to comply with the Parties’ contracts or California law. The Stadium Authority may raise related questions before the fiscal year- end reconciliation/true-up, which the Stadium Manager agrees to assess and respond to in good faith.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
The Stadium Authority is responsible for all Non-NFL Events costs, including the event security costs for Non-NFL events which are charged directly to the events. StadCo is responsible for NFL event security costs.
There are sufficient funds in the Stadium Authority FY 2024/25 Operating Budget, allocated as part of the Net Revenues from Non-NFL Events line item to cover the initial year’s costs. As noted above, approximately $1.89M was expended in FY 2022/23 and $2.37M was expended in FY 2023/24 on Landmark and Allied’s respective event security services for Non-NFL events under the prior event security agreement.
Funding for future years will be included in future proposed budgets through the budget process.
COORDINATION
This report has been coordinated with the City’s Police Department and the Stadium Authority Counsel and Treasurer’s Offices.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected].
RECOMMENDATION
1. Approve the Stadium Manager’s request to execute an agreement with Staff Pro Inc. DBA Allied Universal Event Services for event security services at Levi’s Stadium, for a three-year period, commencing November 1, 2024 and ending on July 31, 2027, with an option to extend for two additional one-year periods, in a form approved by the Stadium Authority Counsel, and subject to budget appropriations;
2. Authorize the Stadium Manager to execute the Service Level Agreement described under Exhibit A of the agreement with Staff Pro Inc. DBA Allied Universal Event Services, in a form approved by the Stadium Authority Counsel; and
3. Authorize the Stadium Manager to exercise the option to extend the agreement with the same City of Santa Clara Printed on 10/4/2024Page 4 of 5
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terms and conditions for two additional one-year periods, subject to budget appropriations and after consultations with the Stadium Authority Executive Director. Stadium Manager is not authorized to exercise an option to extend the term of the Agreement if such extension includes an increase to the compensation and fees set forth in Exhibit B in excess of 6% annually without the express written approval of the Stadium Authority Executive Director.
Reviewed by: Chuck Baker, Assistant Executive Director
Reviewed by: Jovan D. Grogan, Executive Director
ATTACHMENTS
1. Interim General Services Agreement with Allied
2. Stadium Manager’s Recommendation for Award Memo
3. Proposed Agreement with Allied
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1 LEVI’S STADIUM GENERAL SERVICES AGREEMENT
BY AND BETWEEN
FORTY NINERS STADIUM MANAGEMENT COMPANY LLC
AND
STAFF PRO INC. DBA ALLIED UNIVERSAL EVENT SERVICES
This Agreement for the Performance of Services (“Agreement”) is made and entered into on August 1, 2024 (“Effective Date”) by and between STAFF PRO INC. DBA ALLIED UNIVERSAL EVENT SERVICES, a California corporation with its principal place of business at 450 Exchange, Irvine, CA 92602 (“Contractor”), and the FORTY NINERS STADIUM MANAGEMENT COMPANY LLC, a Delaware limited liability company (“Stadium Manager”), with its principal place of business at 4900 Marie P. DeBartolo Way, Santa Clara, CA 95054. Stadium Manager and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. The CITY OF SANTA CLARA, a municipal corporation (“City”) and the SANTA CLARA STADIUM AUTHORITY, a joint exercise of powers entity, created through Government Code sections 6500 et seq. (the “Authority”), are parties to that certain Ground Lease dated March 28, 2012, as amended by that certain First Amendment to Ground Lease (Stadium Site) (as the same may be further amended from time to time, the “Ground Lease”), pursuant to which the Authority leases certain real property from the City upon which the Authority has developed and constructed a multi-purpose stadium (the “Stadium”).
B. The Authority and FORTY NINERS SC STADIUM COMPANY LLC, a Delaware limited liability company (“StadCo”), are parties to that certain Amended and Restated Stadium Lease Agreement dated March 28, 2012 as amended and restated as of June 19, 2013 (as the same may be further amended from time to time, the “Stadium Lease”), pursuant to which StadCo is granted the right during the term of the Stadium Lease to use and occupy the Stadium for the operation of an NFL franchise, subject to, and on the basis of, the terms, covenants and conditions set forth in the Stadium Lease.
C. StadCo and FORTY NINERS FOOTBALL COMPANY LLC, a Delaware limited liability company (“Team”), are parties to a certain Sublease Agreement dated March 28, 2012, as amended and restated as of June 19, 2013 (as the same may be further amended from time to time, the “Team Sublease”), pursuant to which, during the term of the Team Sublease, the Team shall play its NFL home games at the Stadium, subject to, and on the basis of, the terms, covenants and conditions set forth in the Team Sublease.
D. The Authority, StadCo, and Stadium Manager are parties to a certain Stadium Management Agreement effective as of March 28, 2012, as amended by that certain First Amendment to Stadium Management Agreement dated November 13, 2012, that certain Second Amendment to Stadium Management Agreement dated May 9, 2013, that certain Third Amendment to Stadium Management Agreement dated June 19, 2013, and that certain Fourth Amendment to Stadium Management Agreement dated March 18, 2014 (as the same may be further amended from time to time, the “Stadium Management Agreement”), pursuant to which the Stadium Manager will manage the operation of the Stadium year-round on behalf of the Authority and StadCo for the term and on the basis specified in the Stadium Management Agreement.
E. Pursuant to the Stadium Management Agreemen t, the Stadium Manager is required to maintain and operate the Stadium and areas surrounding the Stadium, and, accordingly, desires to secure the general services generally consisting of event security services as more fully described in Exhibit A, entitled “Scope of Services” (the “Services”), attached hereto and incorporated herein by this reference.
2 F. Contractor represents that it, and its subcontracto rs, if any, have the professional qualifications, expertise, necessary licenses / certifications / permits, and desire to provide the Services which meet objectives and requirements of Stadium Manager.
G. In accordance with the Stadium Management Ag reement, the Stadium Manager is authorized to enter into this Agreement on behalf of the Authority and StadCo to engage Contractor to provide the Services. The Stadium Manager and Contractor desire to enter into this Agreement whereby Contractor will perform the Services subject to the terms and conditions of this Agreement, the Ground Lease, the Stadium Lease and the Stadium Management Agreement.
H. Stadium Manager and Contractor, as successor-in -interest to Landmark Event Staffing Services, Inc., are parties to that certain “Agreement for the Performance of Services” dated February 17, 2017, as amended from time to time (“Master Agreement”). It is understood and agreed this Agreement supersedes in its entirety that certain Master Agreement.
TERMS
1. DEFINITIONS.
A. Affiliate: shall mean any Person directly or indirectly controlling or controlled by or under direct or indirect common control with a Person. For purposes of this definition, “control” when used with respect to any entity means the power to direct the management and policies of such entity, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and “controlling” and “controlled” have meanings correlative to the foregoing.
B. Additional Indemnitees: shall mean the Authority’s Affiliates (including without limitation, the Authority’s Board of Directors, the City, its City Council, and all City or Agency commissions, officers, employees, volunteers and agents), the Bayshore North Project Enhancement Authority, the Successor Agency to the Santa Clara Redevelopment Agency, StadCo and its Affiliates, the Team and any Additional Team (i.e., an additional NFL franchise that plays its “home” games at the Stadium) (and their respective Affiliates), Manager’s Affiliates (if not any of the previously mentioned Persons), each other tenant of the Stadium and each Event promoter, and any mortgagee, bond trustee or other financial institution from time to time holding a lien or indenture upon Manager’s interest in the Stadium, the Stadium Lease or the Stadium Management Agreement.
C. Default Rate: shall mean a rate per annum eq ual to the lesser of (i) fifteen percent (15.0%) and (ii) the maximum non-usurious rate permitted by applicable law.
D. Fiscal Year: shall mean the twelve (12) mo nth period commencing April 1 of each year after the execution of this Agreement, except that the first Fiscal Year will commence on the Commencement Date of the Stadium Lease an d end on the next following March 31.
If this Agreement expires or terminates on a date other than March 31 of a particular year, there shall be a partial last Fiscal Year ending on the date of such termination.
E. Hazardous Substance: shall mean, as of any date: (a) any petroleum or petroleum products, flammable explosives, radioactive materials, asbestos in any form that is or could become friable, urea formaldehyde foam insu lation, and transformers or other equipment that contain dielectric fluid containing polychlorinated biphenyls (PCBs); (b) any chemicals or other materials or substances which as of such date are defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “extremely hazardous wastes,” “restricted hazardous wastes,” “toxic substances,” “toxic pollutants,” “contaminants,” “infectious wastes,” “pollutants” or words of similar import under any environmental law; an d (c) any other chemical or ot her material or substance,
3 exposure to which or use of which as of such date is prohibited, limited or regulated under any environmental law.
F. Person: shall mean any individual, corporation, partnership, limited liability company, association, trust or other entity whatsoever.
2. EMPLOYMENT OF CONTRACTOR.
Stadium Manager hereby employs Contractor to perform the Services. Stadium Manager shall pay for all such Services which are consistent with the terms of this Agreement.
3. SERVICES TO BE PROVIDED.
A. The Recitals above and all of the exhibits and schedules referenced in this Agreement are attached and are incorporated herein by this reference.
B. Contractor promises and agrees to furnish to the Stadium Manager all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform the Services as described in this Agreement including, without limitation, Exhibit A attached hereto.
C. Stadium Manager may, at its discretion, provide, or cause to be provided, during the Term designated office and storage space within the Stadium for use by Contractor. The location of such office and storage space shall be in the sole discretion of Stadium Manager, and Stadium Manager may direct that the office and storage space be moved to a new location within the Stadium from time to time as it deems necessary.
D. Except as expressly provided herein, Cont ractor shall be responsible for all costs and expenses incurred in performing the Se rvices, including costs and expenses of maintaining, repairing and replacing any furniture, fixtures, equipment, or other tangible property and all applicable taxes, staffing (i ncluding all managerial and Event staff, if applicable), and training. As described in greater detail in Section 8.F hereof, Contractor agrees to fully abide by all sustainability and reuse programs established for or applicable to the Stadium, as each may be modified from time to time following the Effective Date.
E. Without limiting the ge nerality of any other provision in this Agreement, Contractor’s provision of the Services shall be subject to the reasonable prior approval of Stadium Manager acting in conjunction with Contractor, including but not limited to staffing and the manner of Contractor’s performance. Contractor shall not offer exclusivity to any supplier without the prior written approval of Stadium Manager.
F. If at any time, Contractor fails or is otherwis e prevented from providing all or any portion of the Services whether due to a suspension or termination of any licenses or permits or otherwise, then, in addition to any other right of Stadium Manager, Stadium Manager shall have the right, in its sole discretion, withou t the payment of any kind to Contractor, to provide through any available means the Services, or any portion thereof, until such time as Contractor has resumed its provision of the Services. In the event Stadium Manager exercises its rights pursuant to this Section, Contractor shall, and shall cause its employees to cooperate and assist Stadium Manager in providing the Services.
G. Notwithstanding the foregoing, and subject to any restrictions imposed by the Authority, including pursuant to the Stadium Leas e and Stadium Management Agreement, the Stadium Manager and its designated agents reserve the right of access to all areas that Contractor is permitted to access, use and oc cupy hereunder for purposes of operating, inspecting, maintaining and repairing the St adium (and all improvements therein or thereon) and for the purpose of determining whether the terms, covenants and conditions contained in this Agreement are being fully and faithfully observed and performed by
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4 Contractor. Use of any space or property that Contractor is permitted to access, use and occupy hereunder for purposes other than th e operations to be conducted under this Agreement, without prior written approval of Stadium Manager in its sole discretion, is prohibited. Contractor shall not interfere with any other contractor, licensee or employee of the Authority, Stadium Manager or any other person working at the Stadium.
4. COMMENCEMENT OF SERVICES.
Contractor shall begin providing the Services on the Effective Date. Contractor shall provide the Services as described in Exhibit A and shall complete all Services during the Term consistent with any milestones specified in this Agreement. The Parties may adjust any performance milestones, service schedules or commencement dates by mutual written agreement.
5. QUALIFICATIONS OF CONTRACTOR – STANDARD OF WORKMANSHIP.
A. Contractor represents and maintains that it has the necessary expertise in the professional calling to perform the Services, and its duti es and obligations, expressed and implied, contained in this Agreement, and Stadium Manager expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties and obligations in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
B. Any plans, designs, specifications, estimate s, calculations, reports, and other documents required to be furnished by Contractor under this Agreement shall be of a quality acceptable to Stadium Manager. To be acce pted as provided under this Agreement, any such deliverable shall be a product of neat appearance and shall be well-organized, technically and grammatically correct, and checked, and shall identify the maker and checker. The minimum standard of appearance, organization, and content of the deliverable shall be that used by Stadium Manager for similar services.
6. TERM OF AGREEMENT.
Unless this section is subsequently modified by written amendment to this Agreement, the term of this Agreement (the “Term”) shall begin on the Effective Date and terminate on October 31, 2024.
All Services contained herein shall be completed prior to the end of the Term of this Agreement.
The Parties may, by written amendment, extend the Term.
7. WARRANTY.
Contractor expressly warrants that all Services co vered 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 ba sed. Contractor agrees to promptly replace or correct any incomplete, inaccurate, or defective Se rvices at no further cost to Stadium Manager when defects are due to the negligence, errors, or omissions of Contractor. If Contractor fails to promptly correct or replace Services, Stadium Manager may make corrections or replace Services and charge Contractor for the cost incurred by Stadium Manager.
8. PERFORMANCE OF SERVICES.
A. Contractor shall perform all Services in an efficient and expeditious manner and shall work closely with and be guided by Stadium Manage r. Contractor shall be as fully responsible to Stadium Manager for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it. Contractor will perform all Services in a safe manner and in accordance with all Applicable Laws and safety regulations, the policies and procedures issued by the Stadium Manager relating to the Services, the general operating procedures of the Authority, and any and all other applicable rules, regulations, policies and directives
5 established or implemented by the Authority and/or Stadium Manager, the designees of either of them, or the NFL, from time to time, including scheduling rules, regulations and policies, related to the use or operation of the Stadium (collectively, “Stadium Policies”).
The term “Applicable Laws” as used in this Agreement shall mean any statute, law, treaty, rule, code, ordinance, regulation, permit, inte rpretation, certificate or order, whether now or hereafter existing, of any Governmental Au thority, or any judgment, decision, decree, injunction, writ, order or like action of any court, arbitrator or other Governmental Authority, whether now or hereafter existing. The term “Governmental Authority” as used in this Agreement shall mean any federal, state, local or foreign governmental entity, authority or agency, court, tribunal, regulatory commission or other body, whether legislative, judicial or executive (or a combination or permutation thereof), and any arbitrator to whom a dispute has been presented under Applicable Laws or by agreement of the Parties with an interest in such dispute.
B. Contractor shall at all times maintain a suff icient number of qualified personnel at the Stadium and, if applicable, the Related Facilities ( e.g., offsite parking areas ) for the performance of all of Contractor’s obligations under this Agreement.
C. Contractor’s authorized personnel who are sch eduled to work at events at the Stadium (“Events”) shall be provided with ingress to and egress from the Stadium through a gate or gates designated for such purpose by Stadiu m Manager, without charge, during all days on which Events are held and at all other times necessary to enable Contractor to prepare for Events and fulfill its responsibilities unde r this Agreement. Contractor shall be bound by and comply with all rules, policies and procedures relating to security and access rights, including requirements related to screening an d identification of Contractor’s personnel, established from time to time by Stadium Manager. Nothing herein contained shall be held to limit or qualify the right of the Authority or Stadium Manager to a free and unobstructed use, occupation and control of the Stadium an d ingress and egress for itself, its lessees and the public.
D. Contractor shall obtain on or before the Commencement Date and shall thereafter maintain throughout the Term, at its cost and in its name, all licenses and permits necessary for the performance of the Services and any and all other licenses and permits required to be obtained by Contractor by the terms of th e Stadium Lease. Stadium Manager shall cooperate with Contractor in connection with applications submitted by Contractor for any and all licenses and permits and renewals th ereof. Contractor shall not submit any application for a permit or license without first providing Stadium Manager a reasonable opportunity to review it. Contractor shall furnish Stadium Manager with copies of such licenses and permits and renewals thereof as ar e physically maintained at the Stadium, and all other licenses or permits otherwise required under Applicable Laws or this Agreement and shall surrender all licenses and permits to Stadium Manager upon termination of this Agreement.
E. In the event that Contractor fails to obtain or maintain in full force and effect any material license or permit necessary for the perfor mance of the Services, including upon a suspension applicable to an Event or revoca tion thereof, (a) Stadium Manager shall have the right (but no obligation) to perform or have another Person perform the applicable obligation without compensation to Contra ctor and, whether or not Stadium Manager exercises that right or its termination rights, subject to the provisions set forth in Section 23 C., Contractor shall be responsible to Stad ium Manager for all damages, suffered by Stadium Manager as the direct result of Contractor’s breach of this Agreement; and (b) Contractor shall be considered in material breach of this Agreement, and Stadium Manager may, in addition to any other rights or remedi es it may have, immediately terminate this Agreement.
F. Contractor shall comply in all respects with the Santa Clara Business and Commercial Recycling Program, as the same shall be am ended from time to time, and shall, in
6 partnership with Stadium Manager, prepare and implement a plan (the “Waste Reduction and Recycling Plan”) that targets 100% diversion of solid waste from all Events, including composting or other diversion of composta ble organics. Contractor shall train its employees in the methods and objectives of the Waste Reduction and Recycling Plan and shall direct and cause its employees to no t dispose of or discharge recyclables, compostables, waste, garbage, refuse or Hazardous Substances in any area in or outside the Stadium other than in areas specifically designated therefor. Contractor shall be responsible for expeditiously collecting, separating, recycling, bagging and delivering recyclables, compostables, trash and garbage generated within the Stadium Complex, and Contractor shall cause its employees to deposit such recyclables, compostables, trash and garbage in appropriate containers or equipment in the locations specified by Stadium Manager, whereupon Stadium Manager shall be responsible for the further delivery and ultimate disposal of such recyclables, compostables, trash and garbage. In addition, Contractor shall separate, compact and recycl e the trash generated by Events on non- Event days. Contractor shall take all action necessary to: (i) ensure that all such recyclables, compostables, trash and garbage are placed in bags and/or the appropriate receptacles or other containers (which receptacles and contai ners shall be provided by Contractor) that are durable for transport and not easily susceptible to breakage or leakage, (ii) notify Stadium Manager when the centralized Stadium recyclable, compostable and garbage receptacles are full and need to be emptied, (iii) prevent recyclables, compostables and trash from piling up around the outside of the receptacles and from using the Stadium receptacles in lieu of transferring the recyclables, compostables and trash to the required locations as described herein and (iv) ensure that recyclables, compostables and trash do not spill out prior to or during tr ansport. Contractor agrees to and is fully committed to participating in the separation an d recycling of refuse in the Stadium and to minimize the amount of non-recyclable and non-compostable refuse to be removed from the Stadium. All recyclable, compostable, trash and garbage receptacles within the areas controlled by Contractor shall be provided by Contractor and shall be cleaned and sanitized by Contractor in accordance with the standards reasonably set from time to time by the Authority and/or Stadium Manager, to ensure a consistently high standard of sanitation meeting or exceeding the standards set by the Santa Clara County Public Health Department and/or the City. Contractor will comply with all federal, state and local recycling and composting requirements and such recycling and composting programs implemented from time to time by the Authority and/or Stadium Manager and all rules and regulations applicable to the Stadium’s adherence to, and/or certification by, the Leadership in Energy and Environmental Design (LEED) Green Buil ding Rating System. Contractor shall indemnify Stadium Manager and make Stadium Manager whole for any out of pocket costs incurred by Stadium Manager which are solely attributable to any negligence or intentional act or omission of Contractor or any of its employees with respect to the recycling or trash removal program, including the expense of returned or rejected recyclable, compostable and trash removals due to mixing or contaminating the trash flow in violation of Applicable Laws or specific directives provided to Contractor in writing as part of the Stadium’s sustainability and recycling, composting or trash removal programs. Stadium Manager will determine the type, appearance and location of the recyclable, compostable and trash receptacles.
G. Contractor agrees not to use Hazardous Subs tances at the Stadium, except in accordance with Applicable Laws, and agrees to indemnif y, defend, and hold the Indemnified Parties harmless for all Losses (as defined in Section 23.A below) arising out of its use, generation or storage of Hazardous Substances at the Stadium.
H. Contractors acknowledges and agrees that Se rvices performed under this Agreement shall not create any right of lien for Contractor at the Stadium, which is a publicly owned building.
Contractor hereby waives and releases any right of lien against Stadium Manager, StadCo, the Authority, the City, and the Stadium for the Services or any other work performed by Contractor at the Stadium during the Term of this Agreement.
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7 I. If required by Applicable Laws, Contractor shall file a payment bond for one hundred percent of the total amount payable hereunder with and approved by Stadium Manager.
9. MONITORING OF SERVICES.
Stadium Manager may monitor the Services performed under this Agreement to determine whether Contractor’s operations conform to Stadium operating policies and directives and to the terms of this Agreement. Stadium Manager may also monitor the Services to be performed to determine whether the Services are being conducted in accordance with applicable Stadium Policies, National Football League requirements, and Applicable Laws.
10. CORRECTION OF SERVICES.
Contractor agrees to correct any incomplete, inaccurate, or defective Services at no cost to Stadium Manager, when such defects are due to the negligen ce, errors, or omissions of Contractor. If any action of Contractor constitutes a breach, Stadium Manager may terminate this Agreement pursuant to the provisions described herein.
11. RESPONSIBILITY OF CONTRACTOR.
A. Contractor shall be responsible for the pr ofessional quality, technical accuracy, and coordination of the Services furnished by it under this Agreement. Neither Stadium Manager’s review, acceptance, nor payments for any of the Services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and Contractor shall be and remain liable to Stadium Manager in accordance with Applicable Laws for all damages to Stadium Manager caused by Contractor failure to perform any of the Services furnished under this Agreement.
B. Any acceptance by Stadium Manager of pl ans, specifications, construction contract documents, reports, diagrams, maps, and other material prepared by Contractor shall not in any respect absolve Contractor from the responsibility Contractor has in accordance with customary standards of good professional practice in compliance with Applicable Laws.
C. Contractor shall comply and otherwise abide by, all emergency and security procedures and protocols of the Stadium Manager, the Authority, the City, the Team, the NFL and promoters of Events as the Stadium Manager or such other Persons shall adopt from time to time. Such procedures and protocols may include, without limitation, (i) employee pat- down and screening, (ii) presentment by Contrac tor’s employees of identification cards or badges issued by Stadium Manager, which ma y include reporting criteria such as bar codes, “Mag Stripes”, “RFID” or other identifier systems; (iii) restricting access to certain parts of the Stadium to specified employees of Contractor as reasonably approved by the Stadium Manager (with respect to security clearance standards); and/or (iv) conduct by Contractor, at its sole expense, of Team-s pecified minimum background and such other security screening checks on all of Contractor's employees as the Stadium Manager shall request from time to time, which checks may vary as to job function.
D. Personnel.
i. Contractor shall hire, employ, train, su pervise and discipline any and all persons necessary to provide the Services in accordance with the terms of this Agreement and shall use its best efforts to ensure that its employees continually practice the high standards of safety, courtesy and service customarily followed in the conduct of a first-class operation. Contractor shall use its best efforts to select qualified, competent and trustworthy employees. Any and all persons who furnish services under this Agreement, whether or not employed by Contractor prior to the Effective Date, are exclusively employees, subcontractors and/or non-affiliated third parties
8 employed by Contractor and are not employees of the Authority, the City, StadCo or Stadium Manager. Such persons furnishing services under this Agreement shall be subject to appearance standards mutually acceptable to the parties hereto and as permitted by Applicable Laws, and shal l wear, at all times while working at the Stadium, neat and clean uniforms provided by Contractor and approved by Stadium Manager. Such uniforms shall bear such lettering and insignia (including the name and logo of the Stadium, the Stadium naming rights sponsor, if required, and the location of the employee's assignment ( e.g., a Club or Suite area)) as Stadium Manager may require and shall be of a design reasonably satisfactory to Stadium Manager. Contractor shall cause its employees to conduct themselves in a professional and courteous manner, and not to unreasonably disturb or interfere with Events. Contractor shall at all times maintain accurate records of the names, addresses, employment history and other legal identification of those to whom Contractor issues employee badges, uniforms or other identifying items to ensure the proper identification and legal working status of Contractor's employees at the Stadium. Contractor shall conduct such background and other security screening checks on its employees as Stadium Manager shall reasonably request from time to time and shall not knowingly hire any person who has been previously terminated by the Authority, StadCo, Stadium Manager or any of their respective Affiliates or contractors. Upon Stadium Manager's request, and so long as any such action shall not be contrary to law, Contractor shall immediately remove from the Stadium any employee, agent, contractor or invitee of Contractor and permanently revoke such person's access credentials.
ii. Intentionally Left Blank.
iii. Contractor shall conduct regularly scheduled employee training programs appropriate to the Services provided, including any programs specifically requested by Stadium Manager, for all of its employees working in the Stadium (the “Employee Training Programs”). The Employee Training Programs will be mandatory for all employees, agents and any subcontractors of Contractor and, at a minimum, will include customer service, guest interaction, security procedures and specific job skills training, and will be conducted in such frequency as may be approved or directed by Stadium Manager. Contractor shall cause all Employee Training Programs to be periodically re viewed (no less frequently than annually) and updated to the extent necessary to maintain the standard of service requested by Stadium Manager. All employees of Contractor shall also be required to attend such policy and procedures training sessions as may be held by the Stadium Manager, as well as the Stadium orientat ion tour and training conducted by the Stadium Manager. Contractor shall not permit any employee, agent or subcontractor to work at an Event prior to his or her completion of the prescribed training sessions and Employee Training Programs.
iv. Contractor shall promptly notify Stadium Manager upon voluntary or involuntary termination of employment of its employees or contractors and ensure that each such terminated individual is denied further access to the Stadium. In no event shall the Authority, the City, StadCo or Stadium Manager be liable, and Contractor shall indemnify, protect, and hold the Authority, the City, StadCo and Stadium Manager harmless, for Contractor's record keeping (or lack of record keeping), including the legal identification and working status of Contractor's employees and subcontractors, or for any other matters relating to Contractor's employees or subcontractors.
12. COMPENSATION AND PAYMENT.
A. In consideration for Contractor’s performance of the Services in accordance with the requirements of this Agreement, Stadium Manager shall pay Contractor for all materials
9 provided and services rendered by Contractor in the amount(s) set forth in Exhibit B , entitled “Contractor Compensation and Fees.”
B. Contractor will invoice Stadium Manager for fees as set forth in Exhibit B , subject to verification by Stadium Manager. Except as otherwise expressly provided in Exhibit B, Stadium Manager will pay Contractor within thirty (30) days of Stadium Manager’s receipt of a valid invoice.
13. TERMINATION OF AGREEMENT.
A. In addition to any other rights or reme dies Stadium Manager may have, Stadium Manager may terminate this Agreement by written notice to Contractor if: (i) Contractor fails to correct to the reasonable satisfaction of Stadium Manager any condition created or controlled by Contractor that, in Stadiu m Manager’s reasonable judgment, poses a hazardous condition to occupants of the Stadium Complex, any of the Related Facilities (e.g., offsite parking areas), or any portion thereof, within twenty-four (24) hours after receipt of written notice from Stadium Manager; (ii) Contractor fails to perform any material obligation under this Agreement and such failure continues unremedied for a period of ten (10) days after receipt of written notice from Manager of the particular failure to perform (or thirty (30) days in the case that a remedy has commenced but cannot reasonably be accomplished in ten days); (iii) Contractor is placed into bankruptcy either voluntarily or involuntarily (and such involuntary proceeding is not dismissed within sixty (60) days), becomes financially insolvent, takes the benefit of any present or future insolvency statute, makes a general assignment for the benefit of creditors, or consents to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property; (iv) Contractor transfers or permits a transfer of th is Agreement in violation of Section 14; (v) Contractor fails to obtain and/or maintain requir ed licenses and permits under Section 8.D; or (vi) Contractor fails to work cooperatively and in good faith with the Authority, Stadium Manager, any of their respective Affiliates or any of subcontractors of any of the foregoing.
Contractor and Stadium Manager acknowledge and agree that termination of this Agreement by Stadium Manager pursuant to this Section shall be “for cause.” B. Upon the termination or expiration of this Agreement, (1) Contractor shall immediately surrender possession of the Related Facilities, if any (including any and all leasehold and other improvements therein), uniforms, equipm ent (and related manuals and software) to Stadium Manager, (2) Contractor shall imme diately assign to Stadium Manager or its designee(s) all right, title and interest of Contractor in and to all items purchased by Contractor in connection with the Servic es (including uniforms and equipment), (3) Contractor shall make all payments requir ed to be made by Contractor under this Agreement, (4) to the extent permitted by Ap plicable Laws, Contractor shall immediately surrender possession of and assign to Stadium Manager all permits and licenses acquired by Contractor in compliance with this Agreement and any Applicable Laws, and (5) all matters, rights and liabilities existing on the date of termination between the parties hereto shall be determined as of such terminat ion date (except as described above), and discharged as promptly as possible thereafter, including any known claims for damages either party may have against the other for breach of the terms and conditions hereof. Any such surrender shall require delivery of possession in good condition, reasonable and ordinary wear and tear excepted and otherw ise in compliance with the terms of this Agreement. Notwithstanding any termination or expiration of this Agreement, all liabilities and obligations of the parties will survive until they are fully satisfied.
C. If the Stadium is destroyed or otherwise rend ered unusable for more than thirty (30) days for any reason (a “Casualty Event”), Stadium Manager shall give Contractor a notice within ninety (90) days after the Casualty Event stating that whether the Authority intends to rebuild or restore the Stadium. If the notice states that the Authority will not rebuild or restore the Stadium, this Agreement shall be terminated. If the notice states that the Authority intends to rebuild or restore the Stadium, the Parties’ obligations hereunder shall
10 be abated during that period. If such notice states that the Authority reasonably believes that it will take longer than two (2) years to restore or rebuild the Stadium or, if a shorter amount of time, such amount of time is longer than the remainder of the Term, either party shall have the option of terminating this Agreement by written notice to the other at any time within one hundred and eighty (180) da ys after Stadium Manager gives such notice, and such termination shall be effective one hundred twenty (120) days after the other party’s receipt of such notice. Contractor shal l not be entitled to any monetary or other damages or compensation from Stadium Manager in the event of a Casualty Event.
D. The Parties acknowledge and agree that in the event that any permit required to be obtained by Stadium Manager for the full perf ormance of the Services is not obtained by within a reasonable amount of time follow ing the Effective Date, Stadium Manager shall have the right in its sole discretion to terminate this Agreement upon written notice to Contractor. Upon such termination, the Parties shall mutually agree upon any remaining payment by or refund to Stadium Manager in good faith. In no event shall Stadium Manager be responsible for any labor or other costs for services not yet performed by Contractor at the time of the notice of termination
14. NO ASSIGNMENT OR SUBCONTRACTING OF AGREEMENT.
A. Stadium Manager and Contractor bind themse lves and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred by Contractor without the prior written approval of Stadium Manager. Contractor shall not hire subcontractors without express written permission from Stadium Manager.
B. Stadium Manager may sell, assign, pledge an d otherwise transfer or encumber (each, a “transfer”) this Agreement and any or all of its rights and obligation s hereunder to any other Person, including any source of or guaran tor or insurer of financing or any trustee, collateral agent or other Person appointed in connection with such financing (each, a “Manager Assignee”), whether by security agreement, collateral assignment, transfer or otherwise; provided, that such transfer shall not relieve Stadium Manager of its obligations under this Agreement unless such Manager Assignee assumes in writing Stadium Manager’s obligations under this Agreement. Upon reasonable prior notice from Stadium Manager, Contractor shall make any payments due hereunder to such Manager Assignee and shall execute and deliver any document s that Stadium Manager or any Manager Assignee may reasonably request to ackn owledge and confirm that upon any such transfer, this Agreement will remain in full force and effect, will continue to be a legal, valid and binding obligation of Contra ctor enforceable in accordance with its terms (subject to applicable bankruptcy or insolvency laws and general principles of equity), and that (to the extent accurate and correct) nei ther Contractor, nor to Contractor’s knowledge, Stadium Manager is in material breach or violation of this Agreement.
C. Contractor acknowledges and agrees th at, in the event the Stadium Management Agreement is terminated for any reason, the Authority and StadCo shall, in accordance with the Stadium Lease, employ a replacem ent manager for the Stadium, who shall, following the effective date of such employme nt, constitute the “Stadium Manager” for all purposes under this Agreement, provided, howeve r, that for any period of time before a replacement manager is appointed, this Agre ement may be assigned to the Authority or StadCo as deemed appropriate in the Stadium Manager’s sole discretion.
15. NO THIRD-PARTY BENEFICIARY.
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties, except for the Authority, StadCo, and Team, and no other third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
11 16. INDEPENDENT CONTRACTOR.
Contractor and all person(s) employed by or cont racted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of Stadium Manager, the Authority or StadCo. Contractor has full rights, however, to manage its employees in their performance of Serv ices under this Agreement. All liabilities that may arise as a result of Contractor's status as an employer shall be borne exclusively by Contractor, including liability relating to payments required to be made under, and documents to be filed with respect to, the Federal Insurance Contribution Act and the Federal Unemployment Tax Act or any similar federal, state, city or local legislation or other Applicable Laws. Contractor is not authorized to bind Stadium Manager, the Authority or StadCo to any contracts or other obligations.
17. NO PLEDGING OF STADIUM MANAGER’S CREDIT.
Under no circumstances shall Contractor have the au thority or power to pledge the credit of the Stadium Manager or any other of the Indemnified Parties or incur any obligation in the name of such Persons. Contractor shall save and hold harmless the Authority, StadCo, Stadium Manager, their respective Affiliates, and their respective officers, employees, boards and commissions for expenses arising out of any unauthorized pledges of credit by Contractor under this Agreement.
18. CONFIDENTIALITY OF MATERIAL.
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions, or other information developed or received by or for Contractor and all other written information subm itted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of Stadium Manager, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise know n to Contractor shall be deemed confidential.
Notwithstanding the above, the Contractor acknowl edges that the Authority is a California public entity that is subject to the California Public Records Act. Information disclosed to Stadium Manager on behalf of the Authority regarding the Contractor's Services in connection with the performance of this Agreement may be subject to public disclosure in accordance with the Public Records Act, including this Agreement and its terms.
19. NO USE OF STADIUM MANAGER NAME OR EMBLEM.
Contractor shall have no right to use the trademar ks, symbols, trade names or other intellectual property of the Authority, Stadium Manager, Le vi’s Stadium®, the San Francisco 49ers, or their respective Affiliates, or Stadium tenants or their Affiliates or other Event performers directly or indirectly, in connection with any production, prom otion, service or publication, without the written approval of Stadium Manager.
20. OWNERSHIP OF MATERIAL.
All material, including information developed on computer(s), which shall include, but not be limited to, data, sketches, tracings, drawings, plans, di agrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, and other material developed, collected, prepared, or caused to be prepared under this Agreement shall be the property of Stadium Manager, but Contractor may retain and use copies thereof. Stadium Manager shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than the Services, including, but not limited to, the release of this material to third parties.
12 21. RIGHT OF STADIUM MANAGER TO INSPECT RECORDS OF CONTRACTOR.
Stadium Manager, through its authorized employees, representatives, or agents shall have the right during the term of this Agreement and for three (3) years from the date of final payment for Services, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting pr inciples to establish the correctness of all charges submitted to Stadium Mana ger. Any expenses not so recorded shall be disallowed by Stadium Manager.
Contractor shall submit to Stadium Manager any and all reports concerning its performance under this Agreement that may be requested by Stadium Manager in writing. Contractor agrees to assist Stadium Manager in meeting Stad ium Manager’s reporting requirem ents with respect to Contractor’s Services hereunder.
22. FAIR EMPLOYMENT.
Contractor shall not discriminate against any empl oyee or applicant for employment because of race, color, creed, national origin, gender, sexual orientation, age, disability, religion, ethnic background, or marital status, in violation of Applicable Law.
23. HOLD HARMLESS/INDEMNIFICATION.
A. Contractor shall indemnify, defend and hold harmless the Authority, Stadium Manager and the Additional Indemnitees, and their respective officers, directors, managers, members, partners, owners and employees (collectively, “Indemnified Parties”) from and against all losses, costs, suits, actions, claims, damages, amounts paid in settlement, liabilities, costs and expenses, including reasonable attorneys’ fees (collectively, “Losses”), resulting to, imposed upon, asserted against or incurred by any of them (including in any action between the parties) directly connected with or directly arising out of (i) any breach by Contractor under this Agreement, (ii) any negligent activity, inactivity, work or thing done or permitted by Contractor or its employees, agents or contractors in or upon the Stadium or Related Areas, in the performance of the Se rvices, or (iii) any injury or damage to any Person or to the property of any Person caused by any negligent action or omission or willful misconduct of Contractor or its employees, agents or contractors in the performance of the Services. Notwithstanding the foregoing, Contractor’s indemnity obligations herein shall not apply to injury or damage arising out of the sole negligence or willful misconduct of Stadium Manager.
B. If any claim, demand, action or proceeding is made or commenced by any third party (a “Third Party Claims ”) against any Indemnified Party, the Indemnifie d Party shall give Contractor prompt notice thereof; the failure to give such notice shall not affect the liability of Contractor under this Agreement except to the extent the failure materially and adversely affects the ability of Contractor to defend the Third Party Claim. Contractor shall have the right to assume the defense and resolution of the Third Party Claim, provided that (i) the Indemnified Party shall have the right to participate in the defense of the Third Party Claim at its own expense through counsel of its choice (control of the defense will remain with Contractor), (ii) Contractor shall not consent to the entry of any judgment or enter into any settlement that would require any act or forbearance on the part of the Indemnified Party or which does not unconditionally release the Indemnified Party from all liability in respect of the Third Party Claim or would otherwise bring dishonor or disrepute upon Authority, Stadium Manager, any of their respective Affiliates, without the prior written consent of the Indemnified Party, and (iii) the Indemnified Party may undertake the defense of the Third Party Claim, at Contractor’s expense, if Contractor fails to (A) assume the defense within ten (10) business days after notice from the Indemnified Party or (B ) diligently prosecute the defense.
13 C. EXCEPT WITH RESPECT TO THIRD PARTY CLAIMS, CONTRACTOR SHALL
HAVE NO LIABILITY FOR ANY TYPE OF INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED
TO LOSS OF OPPORTUNITY OR LOSS OF REVENUE OR PROFIT
HEREUNDER.
24. INSURANCE REQUIREMENTS.
During the term of this Agreement, and fo r any longer time period set forth in Exhibit C entitled “Insurance Requirements” and attached hereto and incorporated herein by this reference, Contractor shall purchase and maintain in full fo rce and effect, at no cost to Stadium Manager insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, requ ired endorsements, certificates of insurance, and coverage verifications as required in Exhibit C.
25. AMENDMENTS.
This Agreement may be amended only with the written consent of both Parties.
26. INTEGRATED DOCUMENT.
This Agreement represents the entire agreemen t between Stadium Manager and Contractor. No other understanding, agreements, conversations, or otherwise, with any representative of Stadium Manager prior to execution of this Agreement shall affect or modify any of the terms or obligations of this Agreement. Any verbal agreement shall be considered unofficial information and is not binding upon Stadium Manager.
27. SEVERABILITY CLAUSE.
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
28. WAIVER
Contractor agrees that waiver by Stadium Manager of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement
29. NOTICES.
All notices to the Parties shall, unless otherwise requested in writing, be sent to Stadium Manager addressed as follows:
Attention: Francine Hughes, Execut ive Vice President and General Manager Address: Forty Niners Stadium Management Company LLC
4900 Marie DeBartolo Way
Santa Clara, CA 95054
With a copy to: Legal Affairs
Forty Niners Stadium Management Company LLC
4949 Marie P. DeBartolo Way
Santa Clara, CA 95054
And to Contractor as follows:
14 Attention: Ty Richmond, President
Address: Allied Universal Event Services
450 Exchange
Irvine, CA 92602
Telephone: 661.607.6448
Email: [email protected]
If notice is sent via email, a signed, hard copy of the material shall also be mailed. The workday the email was sent shall control the date notice was deemed given if there is a computer-generated confirmation of receipt returned to the sender on the date of transmissi on. An email transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following Monday.
30. CAPTIONS.
The captions of the various sections, paragraphs, and subparagraphs of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of interpretation.
31. LAW GOVERNING CONTRACT AND VENUE.
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
32. DISPUTE RESOLUTION.
A. Unless otherwise mutually agreed to by the Parties, any controversies between Contractor and Stadium Manager regarding the constructi on or application of this Agreement, and claims arising out of this Agreement or its br each, shall be submitted to mediation within thirty (30) days of the written request of one Party after the service of that request on the other Party.
B. The Parties may agree on one mediator. If they cannot agree on one mediator, the Party demanding mediation shall request the Superior Court of Santa Clara County to appoint a mediator. The mediation meeting shall not exceed one day (eight (8) hours) provided the Parties may mutually agree to extend the time allowed for mediation under this Agreement.
C. The costs of mediation shall be borne by the Parties equally.
D. For any contract dispute, mediation under this section is a condition precedent to filing an action in any court. In the event of mediation which arises out of any dispute related to this Agreement, the Parties shall each pay their re spective attorney’s fees, expert witness costs, and cost of suit through mediation only. In the event of litigation, the prevailing Party shall recover its reasonable costs of suit, expert’s fees, and attorney’s fees. If mediation does not resolve the dispute, the Parties agree that the matter shall be litigated in a court of law, and not subject to the arbitration provisions of the Public Contract Code.
33. COMPLIANCE WITH ETHICAL STANDARDS.
By executing this Agreement, Contractor promises and agrees that it and all of its members, officers, employees, agents, subcontractors and au thorized representatives will comply with the “Ethical Standards for Contractors Seeking to Enter into an Agreement with Stadium Manager” attached hereto as Exhibit D and incorporated herein by this reference.
15 34. CONFLICT OF INTERESTS.
This Agreement does not prevent either Party from entering into similar agreements with other parties. To prevent a conflict of interest, Contractor certifies that to the best of its knowledge, no Stadium Manager, StadCo, Team, Authority, or City officer, employee, or authorized representative has any financial interest in the business of Co ntractor and that no pe rson associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with th e provisions of California Government Code Section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise Stadium Manager if a conflict arises.
[Signatures continued on next page]
16 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly appointed representatives as of the Effective Date.
STADIUM MANAGER:
FORTY NINERS STADIUM MANAGEMENT COMPANY LLC
By:_________________________________
Name: Francine Hughes
Title: Executive Vice President & General Manager
CONTRACTOR:
STAFF PRO INC. DBA ALLIED UNIVERSAL EVENT SERVICES
By:_________________________________
Name: Ty Richmond
Title: President
17 EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide the following services at the Stadium during the Term, as directed by Stadium Manager:
A. Overview
Contractor shall provide unarmed, uniform security officer services for Stadium Manager on an annual basis for NFL events, Non-NFL events such as concerts, soccer games, etc., and various non ticketed events scheduled at Levi Stadium, requiring a need for security services.
Contractor shall provide and supervise security officers who have passed pre-employment drug screening and background checks prior to employment. It is also expected these officers have the mental and physical qualifications, as well as the experience and training needed to successfully perform their assigned duties. The security officer must have a temperament to work and communicate with adults, teens, and children of all ages and be capable of controlling a crowd in varying environments. The Contractor is responsible for ensuring that security officers meet or exceed California’s training requirements
1 and have a clear understanding of performance standards, as well as both required and prohibited activities, set forth by the Stadium Manager, San Francisco Forty Niners, the NFL, event promotors, and others. The Contractor is responsible for documenting post orders for each role with input from the Stadium Manager.
The security officer’s main responsibility will be to maintain an orderly atmosphere through enforcement of the Stadium’s Fan Code of Conduct, the NFL’s best practices, and other crowd management initiatives as required through the Stadium’s Safety Act partnership with the Department of Homeland Security.
B. Security Requirements
The following scope of work and general practices provides a framework for describing the security tasks performed on a consistent basis. The following security methods, techniques, and requirements are established as performance measurements in determining acceptable levels of work performance and work quality. The list is not meant to be all-inclusive but to set the minimum standard for all tasks.
Contractor will provide unarmed security services for Levi’s Stadium for the types of events shown below, a 24/7 support coverage (as needed) to support overnight Stadium lockdown and/or otherwise agreed upon by Stadium Manager. At a minimum the following number of positions need to be made available and scalable based on Stadium Manager’s needs to provide adequate coverage.
1. San Francisco 49ers Games (10+ annually) (NFL ticketed event) a. Area Director: 2 (4 hours before event start)
b. Event Manager: 4 (4 hours before event start)
c. Event Staff I: 375 (2 hours before event start)
d. Supervisors: 30 (2.5 hours before event start)
e. Dispatcher: 3 (3 hours before event start)
f. Roam Team: 60 (2 hours before event start)
g. Event Staff II: 85 (2 hours before event start)
h. Field Incursion (FIT) Team: 10 (2 hours before event start)
1 As dictated by the California Bureau of Security and Investigative Services
18 2. Non-NFL Event – Ticketed Concert
a. Area Director: 2 (4 hours before event start)
b. Event Manager: 4 (4 hours before event start)
c. Event Staff I: 375 (2 hours before event start)
d. Supervisors: 30 (2.5 hours before event start)
e. Dispatcher: 3 (3 hours before event start)
f. Roam Team: 60 (2 hours before event start)
g. Event Staff II: 85 (2 hours before event start)
3. Non-NFL Event – Ticketed Soccer Event
a. Area Director: 2 (4 hours before event start)
b. Event Manager: 4 (4 hours before event start)
c. Event Staff I: 375 (2 hours before event start)
d. Supervisors: 30 (2.5 hours before event start)
e. Dispatcher: 3 (3 hours before event start)
f. Roam Team: 60 (2 hours before event start)
g. Event Staff II: 85 (2 hours before event start)
4. Special Event – Non Ticketed Events
a. Contractor will work with event manager and Stadium Manager in a proper deployment for security services required for each individual event. * Time in parentheses is the expected start time for each staff member listed above per event. The event start is defined by the events’ pre-designated door times. ** Overnight and stadium lockdown staffing will be directed on a weekly basis based off event requirements. Contractor will work directly with Stadium Manager in these needs. *** A minimum of 50% of the above allocations must be cut no later than 1 hour after the event ends. The end of event is defined as the last play of the game, the lost song by an artist, or as dictated by Stadium Manager for smaller special events.
**** The remaining 50% are expected to facilitate final clearing of the stadium and physical checks of all spaces to ensure the Stadium is clear. Once suites and club spaces close, the remaining 50% will support in egress of these spaces. The remaining staff should not be on duty longer than 2 hours past the events’ end unless approved by Stadium Manager.
C. Personnel Requirements
Security Personnel Levels: The security firm should provide personnel across various levels, including but not limited to:
1. Event Staff Level I
2. Supervisors
3. Event Staff Level II - Emergency Response Teams (Off-Duty Officers)
4. Dispatcher
5. Roam Teams
6. Management (e.g., Management and Area Directors)
** All security personnel provided by the Contractor are required to be guard card certified through the State of California’s Bureau of Investigative Security Services. The Contractor is responsible for maintaining guard card certificates and ensuring all guard cards are verified upon staff check in and that all are valid and in good standing, for every shift.
19 Administrative Personnel: All administrative personnel costs will not be borne by the Stadium Manager and should be listed separately. Administrative roles may include, but are not limited to:
1. Administrative Assistants
2. Operations Coordinators
3. Logistics Coordinators
4. Communication Officers
Staffing Definitions
Area Director – senior manager level support with the autonomy to make necessary business decisions in a moment’s notice. Will report to Stadium security management on all things directly and will serve as the direct point of contact for all things Contractor related.
Event Manager – manager level support who will assist Area Director in ensuring event logistics and staffing needs are met on all levels. Will work with Stadium on staffing allocations and deployments on event day. Will complete event staffing deployments and will properly brief Supervisors prior to the start of each event.
Supervisor – will support event managers in security officer deployments. Will be responsible for response team and incident management, as well as ensuring all staffing allocations are properly met.
Will conduct post checks and provide a post order review for all security officers on deployment during each event.
Event Staff I – trained staff standing post as required by Contractor. Will also be responsible for entry screening procedures aided by the use of technology for screening measures as dictated by Stadium Management. Will also support the Stadiums Emergency and Incident Response plans when activated, as directed by the Stadium.
Roam Team – roving patrol teams, in pairs of 2, responsible for foot patrols of predesignated areas noted on their deployment. Will observe and report all security incidents to Supervisors and assist in incident response and security response as dictated through the Command Post.
Event Staff II – off duty law enforcement officers who will be first on scene for all security calls for service including theft, intoxication, fights, etc. Will also support the Stadiums Emergency and Incident Response plans when activated, as directed by the Stadium.
Dispatcher – will support the Command Post (CP) and work with Stadium Management Incident Commander as required. Will be responsible for documentation of incidents and noting appropriate events with the use of the Stadiums reporting system, 24/7. Will monitor radio traffic and communicate with Contractor Supervisors during the event.
Field Incursion (FIT) Team – field officers required by the NFL for San Francisco Forty Niners events only. These officers are responsible for immediately responding to any patrons attempting to interrupt game of play, by entering the field of play at any time. In conjunction with Police, will be responsible for the removal of said individual from the field.
Admin – check in support for staff available to assist managers and directors with administrative duties.
D. Service Levels
Contract security personnel will provide a variety of services, including NFL, promotor, and Stadium security objectives according to all policies and procedures set forth by the various groups. These may
20 include but is not limited to the following general disciplines:
1. Access Control:
a. Implement and manage access control procedures for events of varying sizes to ensure only authorized personnel enter designated areas.
b. Monitor and control entry and exit points to prevent unauthorized access. c. Facilitate the security screening proces s for all guests and employees entering the Stadium with the use of Magnetometer screening, both frictionless and non-frictionless. d. Verify the validity of credentials at all access points into the stadium, whether it is a Stadium issued badge, an actual paid ticket for an event, or on a list provided internally with those who are granted access for a specific non-ticketed event. e. Secures all back of house areas, incl uding equipment, broadcast compounds, and personnel entering and exiting the Stadiums’ loading docks.
2. Crowd Management:
a. Work directly with Stadium Manager and public safety to develop a comprehensive crowd management plan adaptable to events with different scales to ensure the safe and orderly movement of attendees for both NFL events and non-NFL events. b. Work directly with Stadium Management to coordinate with local law enforcement to manage crowds effectively during incident and emergency response. c. Respond to, and properly document, incidents as directed by dispatch in the CP.
3. Baggage and Item Inspection:
a. Conduct thorough inspections of bags and pe rsonal items at designated entry points for events of varying sizes.
b. Implement effective screening procedures to detect prohibited items. c. Responsible for checking bags and enforcing the Stadium’s bag policy, with the ability to safely conduct a proper assessment of the contents of the approved bag before it enters the Stadium.
4. Surveillance and Monitoring:
a. Observe and report, via roving patrols, guest activity and addressing any fan code of conduct issues seen or reported.
b. Continuously monitor live feeds and respond to any suspicious activities promptly utilizing the Stadium’s CCTV infrastructure.
c. Observes and reports on security threats on the Stadium property, including all exteriors and internal parking lot spaces.
5. Emergency Response:
a. Work with Stadium Manager and public safety to develop and implement an emergency response plan adaptable to events of different magnitudes in coordination with local emergency services and Stadium Manager.
b. Conduct regular drills to ensure quick and efficient responses to various emergency scenarios. Document all drills and trainings held.
c. Learns and executes Stadium security response, access control, and evacuation plans.
6. Communication:
21 a. Establish effective communication channels among security personnel and with event organizers for events of varying sizes.
b. Provide clear and timely updates to event organizers and relevant authorities. c. Area Director working in office out of the Stadium Security Offices 3 days a week.
7. Emergency Response Teams (Off-Duty Officers):
a. Deploy off-duty law enforcement officers trained in emergency response to enhance the speed and efficiency of on-site reactions to critical incidents. b. These officers are the Event Staff II Officers, with a higher skill level, trained in specific de-escalation and crowd management techniques.
E. Staffing Support
Contractor will be required to provide all security services required to meet the specifications outlined in the scope of work and cannot selectively decline to perform a particular service. If the Contractor is unable to meet the specifications of the scope for a specific event, or does not properly fulfill their staffing requirements, the Stadium reserves the right to separately contract for any security related services. If this is necessary for the Stadium, the Contractor will assume repayment penalties, or invoice reductions, for any staffing needs not fully fulfilled. See staffing table below for penalty allocations as dictated by Stadium Manager.
Contractor must request in writing any late staffing adjustments to account for staffing shortages, call offs, and/or no shows. Stadium Manager will respond to and approve any requests in writing, at their discretion, on a case-by-case basis. Any overages that were not approved and transported to site for potential support, are not to be billed to the Stadium and are costs the Contractor will be responsible for.
Contractor is responsible for submitting all time sheets and total staffing calls no later than the start of the 2 nd quarter for all NFL Events and 2 hours after doors for all non-NFL events to Stadium Manager. The Contractor will be required to submit time sheets with all invoices for each event.
F. Qualifications and Requirements
Prospective Contractors should meet the following criteria throughout the entire contract term, adhering to both California regulations and NFL Best Practices for Stadium security:
1. Experience:
a. Contractors must have a minimum of 10 years of experience in providing event security services for large-scale events, with a preference in sports. b. Demonstrated success in managing security for venues with similar capacities and similar disciplines.
2. Licensing and Certification (California Requirements):
a. Guard Card Security Personnel must hold valid California Guard Registration (Guard Card) as per the requirements of the California Bureau of Security and Investigative Services (BSIS).
b. Crowd management personnel must have addi tional certifications as required by local authorities as recommended by Stadium Management.
3. Training Requirements (California and NFL):
a. Security personnel should undergo mandat ory training in accordance with California regulations, covering topics such as legal powers and limitations, use of force, de- escalation, public relations, anti-terrorism, and emergency procedures.
22 b. Adherence to NFL Best Practices for Stadium Security training requirements, including specific modules on threat assessment and emergency response. c. Contractor must undergo Crowd Management Training approved by the Fire Code Official as recognized in the California Fire Code and California Code of Regulations, Title 19.
d. Contractor will develop a comprehensive se t of post orders documenting both general procedures as well as site-specific responsibility for staff training. e. Post orders will be prepar ed prior to the commencement of the contract and must be reviewed and approved by Stadium Manager prior to the contractual agreement. f. All security officers will be required to read and verify they understand the post orders and, at a minimum, will be assessed during the on-the-job training period, semi-annual or more frequently during-site inspections.
g. Contractor will be required to conduct regularly scheduled employee training programs as requested by Stadium Manager
h. All training done by Contractor as it relates to business at Levi’s Stadium must be tracked and recorded with sign in sheet of those attended, as well as an agenda covering the topics trained on.
4. Technology and Equipment:
a. Contractor will be required to use and train personnel on access to modern security technology, including frictionless and non frictionless magnetometers. b. Contractor will be required to use and train personnel on any weapons detections systems or screening technology procured by stadium management. c. Contractor will be required to use and train personnel on use of hand wands. d. Contractor will be required to use and train personnel on use of body worn cameras in positions where required.
e. Contractor will be required to use and train personnel on use of two-way radio for communication.
5. Rate Breakdowns and Annual Increases:
a. Provide a detailed rate breakdown for each level of security personnel. b. Specify any annual increases in rates over the duration of the three-year contract with suggested escalators for the respective one-year renewals.
G. Performance and Reporting Requirements
Contractor will provide appropriate and necessary management and supervision for all employees and will be responsible for instituting and invoking disciplinary action of employees not in compliance with Stadium Management’s rules and regulations, as well as any other policy established by the contracting parties.
Contractor will ensure hiring, training and administration of motivated and professional employees that meet or exceed both the Contractor’s Standards, as well as the San Francisco 49ers. Contractor is responsible for the daily personal appearance of security personnel. Contractor will provide seasonal uniforms and weather appropriate protective clothing necessary to support continuous performance of Contractor requirements which all must be approved by Stadium Management prior to contractual agreement. Contractor will provide two-way communication devices to personnel. Contractor will be required to share all training documents, presentations, power points, post orders, etc., with Stadium Manager to be included in the Stadium’s Safety Act submittals and management of documentation and training materials.
Contractors may be required to submit monthly reports describing staffing allocations, work performed, work status, work progress, difficulties encountered, remedial actions taken, performance complaints and violations reported. Performance complaints and violations include, but are not limited to, no call/no show rates, backfill rates and numbers, personnel complaints, violation of policies and procedures by staff
23 members, and violation of uniform dress, appearance standards, and guard card verification. Stadium Manager will require After Action Reports after every large-scale event.
The Stadium Manager reserves the right to audit Contractor’s performance without notice throughout the performance period.
H. Service Level Agreement
Based on the proposal response, both Parties shall incorporate a written Service Level Agreement (defined as the “SLA”) outlining the administrative and operations plan within 30 days from the Effective Date of the agreement. The SLA will incorporate financial penalties for non-performance identified at events, should Contractor's performance fail to meet service levels established in the agreement, such penalty shall remain in effect for until such time those performance issues are cured.
The Stadium Manager shall conduct a year-end review of Contractor’s performance following completion of the first year of the Term of this Agreement and will notify Contractor of the results of such review. In the event Contractor’s performance is deemed by Stadium Manager to be below the standards specified in this Agreement including, without limitation, the service level agreement established in accordance with the foregoing paragraph, the Stadium Manager may treat Contractor’s substandard performance as a material breach of this Agreement such that Stadium Manager may, in its discretion, move forward with termination following notice and an opportunity to cure within the time specified and in accordance with the procedures set forth in Section 13 of the Agreement.
24 EXHIBIT B
CONTRACTOR COMPENSATION AND FEES
The Parties mutually agree that as consideration fo r the performance of Services contained in this Agreement, Stadium Manager shall compensate Contractor upon the completion (and verification of the completion by Stadium Manager) of the Services contained in Exhibit A in accordance with the compensation terms specified below.
A. August 1, 2024 through October 31, 2025 Rates
Position Standard Hourly Rate Overtime / Holiday
Hourly Rate
Double Time Hourly
Rate
Event Manager $40.76 $42.76 $81.52
Area Director $40.76 $42.76 $81.52
Event Supervisor $40.76 $42.76 $81.52
Roam Team $36.99 $38.99 $73.98
Event Staff Level I $36.99 $38.99 $73.98
Dispatcher $36.99 $38.99 $73.98
Event Staff Level II $61.69 $63.69 $123.38
Field Incursion Team $40.76 $42.76 $81.52
Admin (Check-In) $36.99 $38.99 $73.98
Refer to additional pricing details below.
B. Pricing Details
The following details provide additional information to the hourly rates:
1. Account Manager – dedicated position assigned to the account as referenced in the RFP at no cost to Stadium Manager.
2. Event Manager, Event Supervisor and Event Dire ctor positions are hourly rates (as these are not salaried employees) and will be charged for the actual hours worked. Proof of hours worked shall be submitted with the Contractor’s invoice.
3. Stadium Manager will not incur any cost for a ssigned personnel for absenteeism/no-show and will only pay for actual hours worked.
4. All hourly bill rates include all payroll taxes, insurance, and overhead.
5. There is a 4-hour minimum for all confirmed personnel working on site and verified attendance.
6. Contractor will administer all cost accounting an d billing relative to this contract. All invoices should be submitted no later than 30 days after the events’ conclusion. For any late invoices, a one-time 15% discount fee will be applied to the overall total cost.
25 EXHIBIT C
INSURANCE REQUIREMENTS
At all times during the term hereof, Contractor shall keep and maintain in full force and effect the following types of insurance coverage and/or bonds:
1. Commercial General Liability (“CGL”) insurance, written on standard ISO “occurrence” policy form CG 00 01 or a substitute form providing coverage at least as broad as the ISO form specified, affording protection against liability arising out of personal injury, bodily injury, death, and damage to property occurring in or about the property in the minimum amount of Five Million Dollars ($5,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the annual aggregate.
2. Business Automobile Liability (“AL”) insurance in the minimum amount of Two Million Dollars ($2,000,000) each accident with respect to owned, hired and non-owned vehicles.
3. Workers compensation insurance, as required by applicable law.
4. Employer's liability (“EL”) insurance in the minimum amount of One Million Dollars ($1,000,000) each accident, One Million Dollars ($1,000,000) each employee, by disease, and One Million Dollars ($1,000,000) policy aggregate by disease.
5. Employment Practices Liability insurance with limits of at least Five Million Dollars ($5,000,000) each claim and, in the aggregate, including third party coverage. Coverage shall be on a claims- made basis with a retroactive date no later than the effective date of this Agreement, with coverage to be continuously renewed and maintained throughout the Term, plus a period of three (3) years with the option of meeting such three (3) year requirement through the use of a three (3) year extended reporting period endorsement that is effective at the end of the Term.
6. Crime insurance, including employee dishonesty, covering all of Contractor's agents, contractors, managers and other employees, and including third party coverage, in the minimum amount of One Million Dollars ($1,000,000) each claim.
7. Liability insurance covering claims arising out of errors and omissions by vendors rendering professional services, in the minimum amount of Five Million Dollars ($5,000,000) each occurrence including contractual liability coverage, with all coverage retroactive to the earlier of the date of agreement or commencement of Contractor's services and with coverage to be continuously renewed and maintained throughout the Term, plus a period of three (3) years with the option of meeting such three (3) year requirement through the use of a three (3) year extended reporting period endorsement that is effective at the end of the Term.
8. Umbrella or excess liability insurance in the minimum amount of Thirty Five Million Dollars ($35,000,000) per occurrence and in the aggregate providing following form excess coverage over the CGL, AL, and EL insurance specified above, including but not limited to the required additional insureds and additional insured coverage.
9. Terrorism insurance coverage, to the extent provided under TRIA or an extension thereof, shall be required for all insurance policies required in this Agreement.
10. The above stated minimum limits may be achieved by a combination of primary and excess coverage. Any deductible or self-insured retention amounts are the
26 sole responsibility of the Contractor.
11. The Contractor’s CGL, AL, and Umbrella or excess liability insurance policies shall include Stadium Manager, Santa Clara Stadium Authority, City of Santa Clara and each of their respective parent companies, subsidiaries, affiliates, officers, directors, and em ployees (collectively, the “Additional Insured Parties”), as additional insureds up to the contractually required limits. In all cases, the insurance afforded to the Additional Insured Parties hereunder shall be primary insurance and, in the event the Additional Insured Parties maintain other insurance that is applicable to the loss, it will be on an excess or contingent basis. For Contractor’s CGL insurance, ISO endorsement CG 20 10 04 13 and CG 20 37 04 13 or equivalent manuscript endorsement shall be the additional insured wording required. ISO endorsement CG 20 01 04 13 or an equivalent manuscript endorsement shall be the primary/non- contributory wording required.
12. At Stadium Manager's request from time to time (and in any event not less than 15 (fifteen) days prior to the expiration dates of any expiring policies or bonds furnished by Contractor) , Contractor shall furnish to Stadium Manager a certificate of insurance supplied by each such insurer and surety showing that the insurance and bonds required hereunder are in full force and effect and showing the limits thereof and that all such policies and bonds contain the provisions and endorsements required hereunder, and including copies of any required additional insured endorsements and primary/non- contributory endorsements.
The certificate(s) of insurance shall be subject to
approval of Stadium Manager, but failure of Stadium Manager to request such certificate or other evidence of Contractor’s compliance with insurance requirements, or failure of Stadium Manager to identify deficiencies from evidence that is provided, shall in no way limit or relieve Contractor of its obligations to maintain such insurance. In the event of a claim that involves a coverage dispute associated with any insurance policy or policies required to be obtained by Contractor hereunder, Contractor shall furnish evidence of coverage pursuant to such policy or policies to Stadium Manager with 10 days of Stadium Manager’s written request.
13. All insurance policies and bonds required to be maintained by Contractor shall be issued by insurers or sureties (as the case may be) reasonably satisfactory to client, authorized to do business in the state of California and having an AM Best rating and financial size category of A- /VII or better.
14. All required policies of the Contractor shall provide (i) a waiver by the insurer of any right to subrogate against Stadium Manager, Santa Clara Stadium Authority, City of Santa Clara or any of their respective parent companies, subsidiaries, affiliates, officers, directors, or employees (ii) a severability of interest or endorsement where by Contractor’s required insurance shall apply separately to each insured or additional insured; and (iii) a provision that the insurer will not cancel or change the coverage provided b y such without giving the Stadium Manager thirty (30) days' prior written notice.
15. The insurance requirements set forth in minimum amounts herein shall not be construed to relieve Contractor for liability in excess of such coverage, nor shall it preclude Stadium Manager from taking such other actions as is available to it under any other provision of the Agreement.
EXHIBIT D
ETHICAL STANDARDS FOR CONTRACTORS SEEKING TO ENTER INTO AN AGREEMENT WITH
STADIUM MANAGER
Termination of Agreement for Certain Acts.
A. Stadium Manager may, at its sole discretion, terminate this Agreement in the event any one or more of the following occurs:
1. If a Contractor 2 does any of the following:
a. Is convicted 3 of operating a business in violation of any Applicable Law; b. Is convicted of a crime punishable as a felony involving dishonesty 4; c. Is convicted of an offense involving dishon esty or is convicted of fraud or a criminal offense in connection with: (1) obtaining; (2) attempting to obtain; or, (3) performing a public contract or subcontract;
d. Is convicted of any offense which indicates a lack of business integrity or business honesty which seriously and directly affects the present responsibility of a Stadium Manager contractor or subcontractor; and/or,
e. Made (or makes) any false statement(s) or representation(s) with respect to this Agreement.
2. If fraudulent, criminal or other seriousl y improper conduct of any officer, director, shareholder, partner, employee or other indi vidual associated with Contractor can be imputed to Contractor when the conduct occurred in connection with the individua l’s performance of duties for or on behalf of Contractor, with Contractor’s knowledge, approval or acquiescence, Contractor’s acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval or acquiescence.
2 For purposes of this Agreement, the word “Consultant” (whether a person or a le gal entity) also refers to “Contractor” and means any of the following: an owner or co-own er of a sole proprietorship; a person who controls or who has the power to control a business entity; a general partner of a partnership; a principal in a joint venture; or a primary corporate stockholder [i.e., a person who owns more than ten percent (10%) of the outstanding stock of a corporation] and who is active in the day to day operations of that corporation.
3 For purposes of this Agreement, the words “convicted” or “conviction” mean a judgment or conviction of a criminal offense by any court of competent jurisdiction, wh ether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere within the past five (5) years.
4 As used herein, “dishonesty” includes, but is not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, failure to pay tax obligations, receiving stolen property, collusion or conspiracy.
B. Stadium Manager may also terminate this Agreemen t in the event any one or more of the following occurs:
1. Stadium Manager determines that Contract or no longer has the financial capability 5 or business experience6 to perform the terms of, or operate under, this Agreement; or
2. If Stadium Manager determines that Contractor fails to submit information, or submits false information, which is required to perform or be awarded a contract with Stadium Manager, including, but not limited to, Contractor’s failure to maintain a required State-issued license, failure to obtain a Stadium Manager business license (if applicable), or failure to purchase and maintain bonds and/or insurance policies required under this Agreement.
C. In the event a prospective Contractor (or bidder) is ruled ineligible (debarred) to participate in a contract award process or a contract is terminat ed pursuant to these provisions, Contractor may appeal the action to the Authority by filing a wri tten request with the Authority Secretary within ten (10) days of the notice given by Stadium Manager to have the matter heard. The matter will be heard within thirty (30) days of the filing of the appeal request with the Authority Secretary.
Contractor will have the burden of proof on the appeal. Contractor shall have the opportunity to present evidence, both oral and documentary, and argument.
5 Contractor becomes insolvent, tran sfers assets in fraud of creditors, makes an assignment for the benefit of creditors, files a petition under any section or chapter of the federal Bankruptcy Code (11 U.S.C.), as amended, or under any similar law or statute of the United States or any state thereof, is adjudged bankrupt or insolvent in proceedings under such laws, or a receiver or trustee is appointed for all or substantially all of the assets of Contractor.
6 Loss of personnel deemed essential by Stadium Manage r for the successful performance of the obligations of Contractor to Stadium Manager.
1 Date: October 2, 2024
To: Jovan Grogan
Executive Director
Santa Clara Stadium Authority
From: Jenti Vandertuig
Procurement Director
Forty Niners Stadium Management Company LLC
Subject: Recommendation for Award for Event Security Services
Recommendation
Recommend approval and award an agreement to Allied Universal Event Services to provide event security services at Levi’s Stadium for a multi-year term, commencing November 1, 2024 through July 31, 2027, with an option to extend the agreement for two additional one year periods.
RFP Process
Forty Niners Stadium Management Company LLC (Stadium Manager) provides management services for Levi’s Stadium (Stadium) on a continual, year around basis, including overseeing the day-to-day operations and maintenance of the Stadium. Security services are used on a contractual basis for ticketed and non-ticketed events held at the Stadium. The contractor is required to support the in-house security operation in order to maintain best practices and requirements for NFL events, and to work in partnership with the event promotors and production teams to handle security for Non-NFL ticketed events, and with clients for non- ticketed events, as required. Security responsibilities include, but are not limited to, access control, entry screening procedures via the use of frictionless and non frictionless technology, perimeter security, personal protection, foot patrols, camera monitoring, and other security related functions specific to different events. The security officer’s main responsibility is to maintain an orderly atmosphere through enforcement of the Stadium’s Fan Code of Conduct, the NFL’s best practices, and other crowd management initiatives as required through the Stadium’s Safety Act partnership with the Department of Homeland Security.
On April 16, 2024, Stadium Manager issued Request for Proposals (RFP) to select a qualified firm for event security services at Levi’s Stadium. Stadium Manager published the RFP on Bonfire Interactive, Stadium Manager’s eProcurement portal https://49ers.bonfirehub.com/portal/. In addition to inviting a list of firms on our established supplier list, Stadium Manager also invited
STADIUM
FORTY NINERS STADIUM MANAGEMENT COMPANY
2 suppliers registered on the portal with specific commodity codes offering such services. On April 25, 2024, Stadium Manager conducted a non-mandatory Pre-Proposal Conference and site visit at the Stadium and facilitated conference attendance virtually via Zoom for those who could not attend in person. Stadium Manager conducted a comprehensive site visit and provided clarifications to questions from proposers. On May 3, 2024, Addendum #1 to the RFP was issued providing answers to questions from proposers. The RFP closed on May 15, 2024 at 3:00 p.m. (PT).
Six proposals were received from the following firms on or before the RFP due date and time:
1. Allied Universal Event Services (Allied)
2. Andy Frain Services
3. BEST Crowd Management, Inc. (Best)
4. Contemporary Services Corporation (CSC)
5. Elite Show Services, Inc. (Elite Security & Staffing)
6. GRL Management Group, Inc.
Evaluation Process
An evaluation committee (EC) consisting of subject matter experts from Stadium Manager and City of Santa Clara Police Department was formed. An Evaluators’ Guide outlining the roles and responsibilities of the EC was provided to each EC member to review and execute the following forms to ensure that there was no conflict of interest in evaluating the proposals:
¾ Proposal Evaluator Guidelines
¾ Confidentiality Agreement
¾ Conflict of Interest Disclosure Form
The evaluation of proposals consisted of a two-step process as referenced below. Proposers within the competitive range in phase one proceeded to phase two which included interviews and presentations, and cost evaluations. The EC evaluated the proposals utilizing the evaluation criteria for phase one as outlined in the RFP. GRL Management Group, Inc., was determined to be non-responsive and therefore was eliminated from the review process. Five other firms met the requirements of the RFP. On June 3, 2024, the Procurement Lead held the EC meeting to document the scores and notes as provided by the committee:
Evaluation Criteria - Phase One Allied Andy Frain BEST CSC Elite Proposal Responsiveness Pass Pass Pass Pass Pass
Corporate Strength, Experience.
References, and Reputation of
Proposer (30 points)
26.10 25.50 25.20 17.70 21.00
Qualifications, Management
and Administrative Capabilities
(40 points)
35.60 32.00 35.60 30.00 28.00
Methodology to Provide
Required Services (30 points)
25.50 24.00 23.70 22.50 20.70
Total 87.20 81.50 84.50 70.20 69.70
3 The EC determined the following firms to be within the competitive range to proceed with phase two of the evaluation process, which was to conduct interviews and presentations, and evaluate cost:
1. Allied Universal Event Services
2. Andy Frain Services
3. BEST Crowd Management, Inc.
Based on the proposal responses, each of the three proposers were provided specific topics to present on. On June 5, 2024, the presentations and interviews were conducted as part of phase two and the EC completed scoring the proposals. Stadium Manager conducted several clarification meetings with the shortlisted firms and addressed their cost and exception to the terms and conditions to ensure they were willing to negotiate.
Pursuant to the clarification meetings and presentations, Allied and BEST were selected as short listed firms to move forward with negotiations of business, cost, and legal terms and conditions.
Stadium Manager negotiated the exceptions to the terms and conditions and concluded negotiations with mutually agreed upon terms with both Allied and BEST. On July 13, 2024, the EC met to review the final terms and cost, and completed the scoring which reflects the best and final cost negotiations (BAFO). Both firms received equal scoring for their presentations and final cost negotiations. The cost evaluation took into consideration the hourly rates by positions, overtime and holiday rates, and any double time rates for hours worked over 12 hours. Based on the current usage, it is anticipated approximately 15 to 16 percent of the cost resulted from overtime rates.
Evaluation Criteria - Phase Two Allied Andy Frain BEST Interview and Presentations
(40 points)
32.80 31.60 32.80
Cost (60 points) 60.00 54.00 60.00
Total for Phase Two 92.80 85.60 92.80
Final Scores for Phase One and Phase Two Allied BEST
Total for Phase One 87.20 84.50
Total for Phase Two 92.80 92.80
Grand Total for Phase One and Phase Two 180.00 177.30
Based on the results from phase one and two referenced above, the EC selected Allied as the recommended proposer to award an agreement to. The EC conducted further discussions to validate their recommendation pursuant to the BAFO.
Notice of Intended Award
A notice of intended award (NOIA) was issued on June 17, 2024 announcing Stadium Manager’s recommended firm. The RFP process includes a seven-day protest period, which commenced with the issuance of the NOIA. This recommendation is submitted concurrently to facilitate the 4 lead time required to submit our recommendation to the Santa Clara Stadium Authority (SCSA).
In the event there is a protest, the recommendation will be withdrawn, and the protest addressed.
Stadium Manager submitted the initial recommendation for award to the SCSA on June 17, 2024.
Given that the SCSA Board was in recess in summer, the Executive Director authorized Stadium Manager to execute an interim agreement until the item was agendized for a SCSA Board meeting after recess. An interim agreement for a two-month period, commencing August 1, 2024, was executed by the Stadium Manager under the same terms and conditions negotiated during the RFP process. Therefore, the term of the current agreement submitted to the SCSA Board commences on November 1, 2024.
Submission of Post-Award Submittals
Once Stadium Manager receives approval from the SCSA Board, the agreement will be executed by both parties and a copy forwarded to the Board. Supporting documentation has been provided for review and approval.
Fiscal Impact
There is no fiscal impact to the SCSA. The event security charges for NFL and the Non-NFL events are charged directly to the events. Stadium Manager has completed a formal solicitation and selection process with negotiated rates to ensure cost effective event security services thereby maximizing the net profit to the SCSA for Non-NFL events.
Submitted By: Date:
Jenti Vandertuig, Procurement Director
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DocuSigned by:
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A4B 5666F5BF147D ...
1 LEVI’S STADIUM GENERAL SERVICES AGREEMENT
BY AND BETWEEN
STADIUM MANAGER
AND
STAFF PRO INC. DBA ALLIED UNIVERSAL EVENT SERVICES
This Agreement for the Performance of Services (“Agreement”) is made and entered into on November 1, 2024 (“Effective Date”) by and between STAFF PRO INC. DBA ALLIED UNIVERSAL EVENT SERVICES, a California corporation with its principal place of business at 450 Exchange, Irvine, CA 92602 (“Contractor”), and the FORTY NINERS STADIUM MANAGEMENT COMPANY LLC, a Delaware limited liability company (“Stadium Manager”), with its principal place of business at 4900 Marie P. DeBartolo Way, Santa Clara, CA 95054. Stadi um Manager and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. The CITY OF SANTA CLARA, a municipal corporation (“City”) and the SANTA CLARA STADIUM AUTHORITY, a joint ex ercise of powers entity, created through Government Code sections 6500 et seq. (the “Authority”), are parties to that certain Ground Lease dated March 28, 2012, as amended by that certain First Amendment to Ground Lease (Stadium Site) (as the same may be further amended from time to time, the “Ground Lease”), pursuant to which the Authority leases certain real property from the City upon which the Authority has developed and constructed a multi- purpose stadium (the “Stadium”).
B. The Authority and FORTY NINERS SC STADIUM COMPANY LLC, a Delaware limited liability company (“StadCo”), are parties to that certain Amended and Restated Stadium Lease Agreement dated March 28, 2012 as amended and restated as of June 19, 2013 (as the same may be further amended from time to time, the “Stadium Lease”), pursuant to which StadCo is granted the right during the term of the Stadium Lease to use and occupy the Stadium for the operation of an NFL franchise, subject to, and on the basis of, the terms, covenants and conditions set forth in the Stadium Lease.
C. StadCo and FORTY NINERS FOOTBALL COMPANY LLC, a Delaware limited liability company (“Team”), are parties to a certain Sublease Agreement dated March 28, 2012, as amended and restated as of June 19, 2013 (as the same may be further amended from time to time, the “Team Sublease”), pursuant to which, during the term of the Team Sublease, the Team shall play its NFL home games at the Stadium, subject to, and on the basis of, the terms, covenants and conditions set forth in the Team Sublease.
D. The Authority, StadCo, and Stadium Manager are parties to a certain Stadium Management Agreement effective as of March 28, 2012, as amended by that certain First Amendment to Stadium Management Agreement dated November 13, 2012, that certain Second Amendment to Stadium Management Agreement dated May 9, 2013, that certain Third Amendment to Stadium Management Agreem ent dated June 19, 2013, and that certain Fourth Amendment to Stadium Management Agreement dated March 18, 2014 (as the same may be further amended from time to time, the “Stadium Management Agreement”), pursuant to which the Stadium Manager will manage the operation of the Stadium year-round on behalf of the Authority and StadCo for the term and on the basis specified in the Stadium Management Agreement.
E. Pursuant to the Stadium Management Agreement, the Stadium Manager is required to maintain and operate the Stadium and areas surrounding the Stadium, and, accordingly, desires to secure the general services generally consisting of event security services as more fully described in Exhibit A, entitled “Scope of Services” (the “Services”) , attached hereto and incorporated herein by this reference.
2 F. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses / certifications / permits, and desire to provide the Services which meet objectives and requirements of Stadium Manager.
G. In accordance with the Stadium Management Agreement, the Stadium Manager is authorized to enter into this Agreement on behalf of the Authority and StadCo to engage Contractor to provide the Services. The Stadium Manager and Contractor desire to enter into this Agreement whereby Contractor will perform the Services subject to the terms and conditions of this Agreement, the Ground Lease, the Stadium Lease and the Stadium Management Agreement.
TERMS
1. DEFINITIONS.
A. Affiliate: shall mean any Person directly or indirectly controlling or controlled by or under direct or indirect common control with a Person. For purposes of this definition, “control” when used with respect to any entity means the power to direct the management and policies of such entity, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and “controlling” and “controlled” have meanings correlative to the foregoing.
B. Additional Indemnitees: shall mean the Authority’s Affiliates (including without limitation, the Authority’s Board of Directors, the City, its City Council, and all City or A uthority commissions, officers, employees, volunteers and agents), the Bayshore North Project Enhancement Authority, the Successor Agency to the Santa Clara Redevelopment Agency, StadCo and its Affiliates, the Team and any Additional Team (i.e., an additional NFL franchise that plays its “home” games at the Stadium) (and their respective Affiliates), Manager’s Affiliates (if not any of the previously mentioned Persons), each other tenant of the Stadium and each Event promoter, and any mortgagee, bond trustee or other financial institution from time to time holding a lien or indenture upon Manager’s interest in the Stadium, the Stadium Lease or the Stadium Management Agreement.
C. Default Rate: shall mean a rate per annum equal to the lesser of (i) fifteen percent (15.0%) and (ii) the maximum non-usurious rate permitted by applicable law.
D. Fiscal Year: shall mean the twelve (12) month period commencing April 1 of each year after the execution of this Agreement, except that the first Fiscal Year will commence on the Commencement Date of the Stadium Lease and end on the next following March 31.
If this Agreement expires or terminates on a date other than March 31 of a particular year, there shall be a partial last Fiscal Year ending on the date of such termination.
E. Hazardous Substance: shall mean, as of any date: (a) any petroleum or petroleum products, flammable explosives, radioactive materials, asbestos in any form that is or could become friable, urea formaldehyde foam insulation, and transformers or other equipment that contain dielectric fluid containing polychlorinated biphenyls (PCBs); (b) any chemicals or other materials or substances which as of such date are defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materi als,” “extremely hazardous wastes,” “restricted hazardous wastes,” “toxic substances,” “toxic pollutants,” “contaminants,” “infectious wastes,” “pollutants” or words of similar import under any environmental law; and (c) any other chemical or other materia l or substance, 3 exposure to which or use of which as of such date is prohibited, limited or regulated under any environmental law.
F. Person: shall mean any individual, corporation, partnership, limited liability company, association, trust or other entity whatsoever.
2. EMPLOYMENT OF CONTRACTOR.
Stadium Manager hereby employs Contractor to perform the Services. Stadium Manager shall pay for all such Services which are consistent with the terms of this Agreement.
3. SERVICES TO BE PROVIDED.
A. The Recitals above and all of the exhibits and schedules referenced in this Agreement are attached and are incorporated herein by this reference.
B. Contractor promises and agrees to furnish to the Stadium Manager all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform the Services as described in this Agreement including, without limitation, Exhibit A attached hereto, at the Stadium or its other associated areas (e.g., parking lots), as directed by Stadium Manager.
C. Stadium Manager may, at its discretion, provide, or cause to be provided, during the Term designated office and storage space within the Stadium for use by Contractor. The location of such office and storage space shall be in the sole discretion of Stadium Manager, and Stadium Manager may direct that the office and storage space be moved to a new location within the Stadium from time to time as it deems necessary.
D. Except as expressly provided herein, Contractor shall be responsible for all costs and expenses incurred in performing the Services, including costs and expenses of maintaining, repairing and replacing any furniture, fixtures, equipment, or other tangible property and all applicable taxes, staffing (including all managerial and Ev ent staff, if applicable), and training. As described in greater detail in Section 8.F h ereof, Contractor
agrees to fully abide by all sustainability and reuse programs established for or applicable to the Stadium, as each may be modified from time to time following the Effective Date.
E. W
ithout limiting the generality of any other provision in this Agreement, Contractor’s provision of the Services shall be subject to the reasonable prior approval of Stadium Manager acting in conjunction with Contractor, including but not limited to staffing and the manner of Contractor’s performance. Contractor shall not offer exclusivity to any supplier without the prior written approval of Stadium Manager.
F. If at any time, Contractor fails or is otherwise prevented from providing all or any portion of the Services whether due to a suspension or termination of any licenses or permits or otherwise, then, in addition to any other right of Stadium Manager, Stadium Manager shall have the right, in its sole discretion, without the payment of any kind to Contractor, to provide through any available means the Services, or any portion thereof, until such time as Contractor has resumed its provision of the Services. In the event Stadium Manager exercises its rights pursuant to this Section, Contractor shall, and shall cause its employees to cooperate and assist Stadium Manager in providing the Services.
G. Notwithstanding the foregoing, and subject to any restrictions imposed by the Authority, including pursuant to the Stadium Lease and Stadium Management Agreement, the Stadium Manager and its designated agents reserve the right of access to all areas that Contractor is permitted to access, use and occupy hereunder for purposes of operating, inspecting, maintaining and repairing the Stadium (and all improvements therein or thereon) and for the purpose of determining whether the terms, covenants and conditions --
4 contained in this Agreement are being fully and faithfully observed and performed by Contractor. Use of any space or property that Contractor is permitted to access, use and occupy hereunder for purposes other than the operations to be conducted under this Agreement, without prior written approval of Stadium Man ager in its sole discretion, is prohibited. Contractor shall not interfere with any other contractor, licensee or employee of the Authority, Stadium Manager or any other person working at the Stadium.
4. COMMENCEMENT OF SERVICES.
Contractor shall begin providing the Services on the Effective Date. Contractor shall provide the Services as described in Exhibit A and shall complete all Services during the Term consistent with any milestones specified in this Agreement. The Parties may adjust any performance milestones, service schedules or commencement dates by mutual written agreement.
5. QUALIFICATIONS OF CONTRACTOR – STANDARD OF WORKMANSHIP.
A. Contractor represents and maintains that it has the necessary expertise in the professional calling to perform the Services, and its duties and obligations, expressed and implied, contained in this Agreement, and Stadium Manager expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties and obligations in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
B. Any plans, designs, specifications, estimates, calculations, reports, and ot her documents required to be furnished by Contractor under this Agreement shall be of a quality acceptable to Stadium Manager. To be accepted as provided under this Agreement, any such deliverable shall be a product of neat appearance and shall be well -organized, technically and grammatically correct, and checked, and shall identify the maker and checker. The minimum standard of appearance, organization, and content of the deliverable shall be that used by Stadium Manager for similar services.
6. TERM OF AGREEMENT.
The term of this Agreement (the “Term”) shall begin on the Effective Date and terminate on July 31, 2027, provided however, if this Agreement extends beyond a single fiscal year, the Term for subsequent fiscal years shall be conditioned upon approval of the Authority budget for the applicable fiscal year that includes the amounts due under this Agreement. All Services contained herein shall be completed prior to the end of the Term of this Agreement. The Stadium Manager shall have the option, in its s ole discretion, to extend the Term for two additional one (1) year periods by notifying Contractor in writing of Stadium Manager's desire to exercise said option prior to the expiration of the then- current Term. Rates for any extensions shall be per mutual written agreement of the Parties.
7. WARRANTY.
Contractor expressly warrants that all Services covered by this Agreement shall be fit for the purpose intended, shall be free from defect, and shall conform to the specifications, requirements, and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate, or defective Services at no further cost to Stadium Manager when defects are due to the negligence, errors, or omissions of Contractor. If Co ntractor fails to promptly correct or replace Services, Stadium Manager may make corrections or replace Services and charge Contractor for the cost incurred by Stadium Manager.
8. PERFORMANCE OF SERVICES.
A. Contractor shall perform all Services in an efficient and expeditious manner and shall work closely with and be guided by Stadium Manager. Contractor shall be as fully responsible 5 to Stadium Manager for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it. Contractor will perform all Services in a safe manner and in accordance with all Applicable Laws and safety regulations, the policies and procedures issued by the Stadium Manager relating to the Services, the general operating procedures of the Authority, and any and all other applicable rules, regulations, policies and directives established or implemented by the Authority and/or Stadium Manager, the designees of either of them, or the NFL, from time to time, including scheduling rules, regulations and policies, related to the use or operation of the Stadium which are communicated to Contractor in writing in advance (collectively, “Stadium Policies”). The term “Applicable Laws” as used in this Agreement shall mean any statute, law, treaty, rule, code, ordinance, regulation, permit, interpretation, certificate or order, whether now or hereafter existing, of any Governmental Authority, or any judgment, decision, decree, injunction, writ, order or like action of any court, arbitrator or other Governmental Authority, whether now or hereafter existing. The term “Governmental Authority” as used in this Agreement shall mean any federal, state, local or foreign governmental entity, authority or agency, court, tribunal, regulatory commission or other body, whether legislative, judicial or executive (or a combination or permutation thereof), and any arbitrator to whom a disput e has been presented under Applicable Laws or by agreement of the Parties with an interest in such dispute.
B. Contractor shall at all times maintain a sufficient number of qualified personnel at the Stadium and, if applicable, the Related Facilities (as defined below) for the performance of all of Contractor’s obligations under this Agreement. For purposes of this Section, “qualified personnel” means personnel that are backgrounded, hired and trained in accordance with the standards set forth in this Agreem ent. For purposes of this Agreement, “Related Facilities” shall mean the areas in, about , and around the Stadium, parking facilities, and other areas utilized by Stadium Manager for events at Levi’s Stadium.
C. Contractor’s authorized personnel who are scheduled to work at events at the Stadium (“Events”) shall be provided with ingress to and egress from the Stadium through a gate or gates designated for such purpose by Stadium Manager, without charge, during all days on which Events are held and at all other times necessary to enable Contractor to prepare for Events and fulfill its responsibilities under this Agreement. Contractor shall be bound by and comply with all rules, policies and procedures relating to security and access rights, including requirements related to screening and identification of Contractor’s personnel, established from time to time by Stadium Manager. Nothing herein contained shall be held to limit or qualify the right of the Authority or Stadium Manager to a free and unobstructed use, occupation and control of the Stadium and ingress and egress for itself, its lessees and the public.
D. Contractor shall obtain on or before the Commencement Date and shall thereafter maintain throughout the Term, at its cost and in its name, all licenses and permits necessary for the performance of the Services and any and all other licenses and permits required to be obtained by Contractor by the terms of the Stadium Lease. Stadium Manager shall cooperate with Contractor in connection with applicatio ns submitted by Contractor for any and all licenses and permits and renewals thereof. Contractor shall not submit any application for a permit or license without first providing Stadium Manager a reasonable opportunity to review it. Contractor shall furn ish Stadium Manager with copies of such licenses and permits and renewals thereof as are physically maintained at the Stadium, and all other licenses or permits otherwise required under Applicable Laws or this Agreement, and shall surrender all licenses and permits to Stadium Manager upon termination of this Agreement.
E. In the event that Contractor fails to obtain or maintain in full force and effect any material license or permit necessary for the performance of the Services, including upon a suspension applicable to an Event or revocation thereof, (a) Stadium Manager shall have 6 the right (but no obligation) to perform or have another Person perform the applicable obligation without compensation to Contractor and, whether or not Stadium Manager exercises that right or its termination rights, subject to the provisions set forth in Section 23 C., Contractor shall be responsible to Stadium Manager for all damages, suffered by Stadium Manager as the direct result of Contractor’s breach of this Agreement; and (b) Contractor shall be considered in material breach of this Agreement, and Stadium Manager may, in addition to any other rights or remedies it may have, immediately terminate this Agreement.
F. Contractor shall comply in all respects with the Santa Clara Busi ness and Commercial Recycling Program, as the same shall be amended from time to time, and shall, in partnership with Stadium Manager, prepare and implement a plan (the “Waste Reduction and Recycling Plan”) that targets 100% diversion of solid waste from all Events, including composting or other diversion of compostable organics. Contractor shall train its employees in the methods and objectives of the Waste Reduction and Recycling Plan and shall direct and cause its employees to not dispose of or discharge recyclables, compostables, waste, garbage, refuse or Hazardous Substances in any area in or outside the Stadium other than in areas specifically designated therefor. Contractor shall be responsible for expeditiously collecting, separating, recycling, bagging and delivering recyclables, compostables, trash and garbage generated within the Stadium Complex, and Contractor shall cause its employees to deposit such recyclables, compostables, trash and garbage in appropriate containers or equipment in the loca tions specified by Stadium Manager, whereupon Stadium Manager shall be responsible for the further delivery and ultimate disposal of such recyclables, compostables, trash and garbage. In addition, Contractor shall separate, compact and recycle the trash generated by Events on non- Event days. Contractor shall take all action necessary to: (i) ensure that all such recyclables, compostables, trash and garbage are placed in bags and/or the appropriate receptacles or other containers (which receptacles and containers shall be provided by Contractor) that are durable for transport and not easily susceptible to breakage or leakage, (ii) notify Stadium Manager when the centralized Stadium recyclable, compostable and garbage receptacles are full and need to be emptied, (iii) prevent recyclables, compostables and trash from piling up around the outside of the receptacles and from using the Stadium receptacles in lieu of transferring the recyclables, compostables and trash to the required locations as described herein and (iv) ensure that recyclables, compostables and trash do not spill out prior to or during transport. Contractor agrees to and is fully committed to participating in the separation and recycling of refuse in the Stadium and to minimize the amount of non -recyclable and non-compostable refuse to be removed from the Stadium. All recyclable, compostable, trash and garbage receptacles within the areas controlled by Contractor shall be provided by Contractor and shall be cleaned and sanitized by Contractor in accordance with the standards reasonably set from time to time by the Authority and/or Stadium Manager, to ensure a consistently high standard of sanitation meeting or exceeding the standards set by the Santa Clara County Public Health Department and/or the City. Contractor will comply with all federal, state and local recycling and composting requirements and such recycling and composting programs implemented from time to time by the Authority and/or Stadium Manager and all rules and regulations applicable to the Stadium’s adherence to, and/or certification by, the Leadership in Energy and Environmental Design (LEED) Green Building Rating System. Contractor shall indemnify Stadium Manager and make Stadium Manager whole for any out of pocket costs incurred by Stadium Manager which are solely attributable to any negligence or intentional act or omission of Contractor or any of its employees with respect to the recycling or trash removal program, including the expense of returned or rejected recyclable, co mpostable and trash removals due to mixing or contaminating the trash flow in violation of Applicable Laws or specific directives provided to Contractor in writing as part of the Stadium’s sustainability and recycling, composting or trash removal programs. Stadium Manager will determine the type, appearance and location of the recyclable, compostable and trash receptacles.
7 G. Contractor agrees not to use Hazardous Substances at the Stadium, except in accordance with Applicable Laws, and agrees to indemnify, defend, and hold the Indemnified Parties harmless for all Losses (as defined in Section 23.A be low) arising out of its use, generation or storage of Hazardous Substances at the Stadium.
H. C ontractors acknowledges and agrees that Services performed under this Agreement shall not create any right of lien for Contractor at the Stadium, which is a publicly owned building.
Contractor hereby waives and releases any right of lien against Stadium Manager, StadCo, the Authority, the City, and the Stadium for the Services or any other work performed by Contractor at the Stadium during the Term of this Agreement.
I. If required by Applicable Laws, Contractor shall file a payment bond for one hundred percent of the total amount payable hereunder with and approved by Stadium Manager.
9. MONITORING OF SERVICES.
Stadium Manager may monitor the Services performed under this Agreement to determine whether Contractor’s operations conform to Stadium operating policies and directives and to the terms of this Agreement. Stadium Manager may also monitor the Services to be performed to determine whether the Services are being conducted in accordance with applicable Stadium Policies, National Football League requirements, and Applicable Laws.
10. CORRECTION OF SERVICES.
Contractor agrees to correct any incomplete, inaccurate, or defective Services at no cost to Stadium Manager, when such defects are due to the negligence, errors, or omissions of Contractor. If any action of Contractor constitutes a breach, Stadium Manager may terminate this Agreement pursuant to the provisions described herein.
11. RESPONSIBILITY OF CONTRACTOR.
A. Contractor shall be responsible for the professional quality, technical accuracy, and coordination of the Services furnished by it under this Agreement. Neither Stadium Manager’s review, acceptance, nor payments for any of the Services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and Contractor shall be and remain liable to Stadium Manager in accordance with Applicable Laws for all damages to Stadium Manager caused by Contractor failure to perform any of the Services furnished under this Agreement.
B. Any acceptance by Stadium Manager of plans, specifications, construction contract documents, reports, diagrams, maps, and other material prepared by Contractor shall not in any respect absolve Contractor from the responsibility Contractor has in accordance with customary standards of good professional practice in compliance with Applicable Laws.
C. Contractor shall comply and otherwise abide by, all emergency and security procedures and protocols of the Stadium Manager, the Authority, the City, the Team, the NFL and promoters of Events as the Stadium Manager or such other Persons shall adopt from time to time and which are communicated to Contractor in writing in advance, except that advance written notice of any procedures or protocols implemented in an emergency shall not be required. Such procedures and protocols may include, without limitation, (i) employee pat -down and screening, (ii) presentment by Contractor’s employees of identification cards or badges issued by Stadium Manager, which may include reporting criteria such as bar codes, “Mag Stripes”, “RFID” or other identifier systems; (iii) restricting access to certain parts of the Stadium to specified employees of Contractor as reasonably approved by the Stadium Manager (with respect to security clearance standards); and/or (iv) conduct by Contractor, at its sole expense, of Team- specified minimum background ---
8 and such other security screening checks on all of Contractor's employees as the Stadium Manager shall request from time to time, which checks may vary as to job function.
D. Personnel.
i. Contractor shall hire, employ, train, supervise and discipline any and all persons necessary to provide the Services in accordance with the terms of this Agreement and shall use its best efforts to ensure that its employees continually practice the high standards of safety, courtesy and service customarily followed in the conduct of a first -class operation. Contractor shall use its best efforts to select qualified, competent and trustworthy employees. Any and all persons who furnish services under this Agreement, whether or not employed by Contractor prior to the Effective Date, are exclusively employees, subcontractors and/or non-affiliated third parties employed by Contractor and are not employees of the Authority, the City, StadCo or Stadium Manager. Such persons furnishing services under this Agreement shall be subject to appearance standards mutually acceptable to the parties hereto and as permitted by Applicable Laws, and shall wear, at all times while working at the Stadium, neat and clean uniforms provided by Contractor and approved by Stadium Manager. Such uniforms shall bear such lettering and insignia (including the name and logo of the Stadium, the Stadium naming rights sponsor, if required, and the location of the employee's assignment ( e.g., a Club or Suite area)) as Stadium Manager may require and shall be of a design reasonably satisfactory to Stadium Manager. Contractor shall cause its employees to conduct themselves in a professional and courteous manner, and not to unreasonably disturb or interfere with Events. Contractor shall at all times maintain accurate records of the names, addresses, employment history and other legal identification of those to whom Contractor issues employee badges, uniforms or other identifying items to ensure the proper identification and legal working status of Contractor's employees at the Stadium. Contractor shall conduct, in advance and as a condition of hiring, background and other security screening checks on its employees as Stadium Manager shall reasonably require consistent with industry best practices and in consultation with Santa Clara Police Department such consultation to occur no less frequently than annually , and shall not knowingly hire any person who has been previously terminated by the Authority, StadCo, Stadium Manager or any of their respective Affiliates or contractors. Upon Stadium Manager's request, and so long as any such action shall not be contrary to law, Contractor shall immediately remove from the Stadium any employee, agent, contractor or invitee of Contractor and permanently revoke such person's access credentials. ii. Intentionally Left Blank.
iii. Contractor shall conduct regularly scheduled employee training programs appropriate to the Services provided, including any programs specifically requested by Stadium Manager, for all of its employees working in the Stadi um (the “Employee Training Programs”). The Employee Training Programs will be mandatory for all employees, agents and any subcontractors of Contractor and, at a minimum, will include customer service, guest interaction, security procedures and specific job skills training, and will be conducted in such frequency as may be approved or directed by Stadium Manager, in consultation with the City of Santa Clara Police Department such consultation to occur no less frequently than annually. Contractor shall cause all Employee Training Programs to be periodically reviewed (no less frequently than annually) and updated to the extent necessary to maintain the standard of service requested by Stadium Manager. All employees of Contractor shall also be required to attend such policy and procedures training sessions as may be held by the Stadium Manager, as well as the Stadium orientation tour and training conducted by the Stadium Manager.
Contractor shall not permit any employee, agent or subcontractor to work at an 9 Event prior to his or her completion of the prescribed training sessions and Employee Training Programs.
iv. Contractor shall promptly notify Stadium Manager upon voluntary or involuntary termination of employment of its employees or contractors and ensure that each such terminated individual is denied further access to the Stadium. In no event shall the Authority, the City, StadCo or Stadium Manager be liable, and Contractor shall indemnify, protect, and hold the Authority, the City, StadCo and Stadium Manager harmless, for Contractor's record keeping (or lack of record keeping), including the legal identification and working status of Contractor's employees and subcontractors, or for any other matters relating to Contractor's employees or subcontractors.
12. COMPENSATION AND PAYMENT.
A. In consideration for Contractor’s performance of the Services in accordance with the requirements of this Agreement, Stadium Manager shall pay Contractor for all materials provided and services rendered by Contractor in the amount(s) set forth in Exhibit B , entitled “Contractor Compensation and Fees.”
B. Contractor will invoice Stadium Manager for fees as set forth in Exhibit B , subject to verification by Stadium Manager. Except as otherwise expressly provided in Exhibit B, Stadium Manager will pay Contractor within thirty (30) days of Stadium Manager’s receipt of a valid invoice.
13. TERMINATION OF AGREEMENT.
A. In addition to any other rights or remedies Stadium Manager may have, Stadium Manager may terminate this Agreement by written notice to Contractor if: (i) Contractor fails to correct to the reasonable satisfaction of Stadium Manager any condition created or controlled by Contractor that, in Stadium Manager’s reasonable judgment, poses a hazardous condition to occupants of the Stadium Complex, any of the Related Facilities, or any portion thereof, within twenty -four (24) hours after receipt of written notice from Stadium Manager; (ii) Contractor fails to perform any material obligation under this Agreement and such failure continues unremedied for a period of ten (10) days after receipt of written notice from Manager of the particular failure to perform (or thirty (30) days in the case that a remedy has commenced but cannot reasonably be accomplished in ten days); (iii) Contractor is placed into bankruptcy either voluntarily or involuntarily (and such involuntary proceeding is not dismissed within sixty (60) days), becomes financ ially insolvent, takes the benefit of any present or future insolvency statute, makes a general assignment for the benefit of creditors, or consents to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property; (iv) Contractor transfers or permits a transfer of this Agreement in violation of Section 14 ; (v) Contractor fails to obtain
and/or maintain required licenses and permits under Section 8.D; or (vi) Contractor fails to work cooperatively and in good faith with the Authority, Stadium Manager, any of their respective Affiliates or any of subcontractors of any of the foregoing. Contractor and Stadium Manager acknowledge and agree that termination of this Agreement by Stadium Manager pursuant to this Section shall be “for cause.”
B. Upon the termination or expiration of this Agreement, (1) Contractor shall immediately surrender possession of the Related Facilities, if any (including any and all leasehold and other improvements therein), uniforms, equipment (and related manuals and software) to Stadium Manager, (2) Contractor shall immediately assign to Stadium Manager or its designee(s) all right, title and interest of Contractor in and to all items purchased by Contractor in connection with the Services (including uniforms and equipment), (3) Contractor shall make all payments required to be made by Contractor under this Agreement, (4) to the extent permitted by Applicable Laws, Contractor shall immediately 10 surrender possession of and assign to Stadium Manager all permits and licenses acquired by Contractor in compliance with this Agreement and any Applicable Laws, and (5) all matters, rights and liabilities existing on the date of termination between the parties hereto shall be determined as of such termination date (except as described above), and discharged as promptly as possible thereafter, including any known claims for damages either party may have against the other for breach of the terms and conditions hereof. Any such surrender shall require delivery of possession in good condition, reasonable and ordinary wear and tear excepted and otherwise in compliance with the terms of this Agreement. Notwithstanding any termination or expiration of this Agreement, all liabilities and obligations of the parties will survive until they are fully satisfied.
C. If the Stadium is destroyed or otherwise rendered unusable for more than thirty (30) days for any reason (a “Casualty Event”), Stadium Manager shall give Contractor a notice within ninety (90) days after the Casualty Event stating that whether the Authority intends to rebuild or restore the Stadium. If the notice states that the Authority will not rebuild or restore the Stadium, this Agreement shall be terminated. If the notice states that the Authority intends to rebuild or restore the Stadium, the Parties’ obligations hereunder shall be abated during that period. If such notice states that the Authority reasonably believes that it will take longer than two (2) years to restore or rebuild the Stadium or, if a shorter amount of time, such amount of time is longer than the remainder of the Term, either party shall have the option of terminating this Agreement by written notice to the other at any time within one hundred and eighty (180) days after Stadium Manager gives such notice, and such termination shall be effective one hundred twenty (120) days after the other party’s receipt of such notice. Contractor shall not be entitled to any monetary or other damages or compensation from Stadium Manager in the event of a Casualty Event.
D. The Parties acknowledge and agree that in the event that any permit required to be obtained by Stadium Manager for the full performance of the Services is not obtained by within a reasonable amount of time following the Effective Date, Stadium Manager shall have the right in its sole discretion to terminate this Agreement upon written notice to Contractor. Upon such termination, the Parties shall mutually agree upon any remaining payment by or refund to Stadium Manager in good faith. In no event shall Stadium Manager be responsible for any labor or other costs for services not yet performed by Contractor at the time of the notice of termination
14. NO ASSIGNMENT OR SUBCONTRACTING OF AGREEMENT.
A. Stadium Manager and Contractor bind themselves and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred by Contractor without the prior written approval of Stadium Manager. Contractor shall not hire subcontractors without express written permission from Stadium Manager.
B. Stadium Manager may sell, assign, pledge and otherwise transfer or encumber (each, a “transfer”) this Agreement and any or all of its rights and obligations hereunder to any other Person, including any source of or guarantor or insurer of financing or any trustee, collateral agent or other Person appointed in connection with such financing (each, a “Manager Assignee”), whether by security agreement, collateral assignment, transfer or otherwise; provided, that such transfer shall not relieve Stadium Manager of its obligations under this Agreement unless such Manager Assignee assumes in writing Stadium Manager’s obligations under this Agreement. Upon reasonable prior notice from Stadium Manager, Contractor shall make any payments due hereunder to such Manager Assignee and shall execute and deliver any documents that Stadium Manager or any Manager Assignee may reasonably request to acknowledge and confirm that upon any such transfer, this Agreement will remain in full force and effect, will continue to be a legal, valid and binding obligation of Contractor enforceable in accordance with its terms (subject to applicable bankruptcy or insolvency laws and general principles of equity), and that (to the 11 extent accurate and correct) neither Contractor, nor to Contractor’s knowledge, Stadium Manager is in material breach or violation of this Agreement.
C. Contractor acknowledges and agrees that, in the event the Stadium Management Agreement is terminated for any reason, the Authority and StadCo shall, in accordance with the Stadium Lease, employ a replacement manager for the Stadium, who shall, following the effective date of such employment, constitute the “Stadium Manager” for all purposes under this Agreement, provided, however, that for any period of time before a replacement manager is appointed, this Agreement may be assigned to the Authority or StadCo as deemed appropriate in the Stadium Manager’s sole discretion.
15. NO THIRD-PARTY BENEFICIARY.
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties, except for the Authority, StadCo, and Team, and no other third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
16. INDEPENDENT CONTRACTOR.
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of Stadium Manager, the Authority or StadCo. Contractor has full rights, however, to manage its employees in their performance of Services under this Agreement. All liabilities that may arise as a result of Contractor's status as an employer shall be borne exclusively by Contractor, including liability relating to payments required to be made under, and documents to be filed with respect to, the Federal Insurance Contribution Act and the Federal Unemployment Tax Act or any similar federal, state, city or local legislation or other Applicable Laws. Contractor is not authorized to bind Stadium Manager, the Authority or StadCo to any contracts or other obligations.
17. NO PLEDGING OF STADIUM MANAGER’S CREDIT.
Under no circumstances shall Contractor have the authority or power to p ledge the credit of the Stadium Manager or any other of the Indemnified Parties or incur any obligation in the name of such Persons. Contractor shall save and hold harmless the Authority, StadCo, Stadium Manager, their respective Affiliates , and their res pective officers, employees, boards and commissions for expenses arising out of any unauthorized pledges of credit by Contractor under this Agreement.
18. CONFIDENTIALITY OF MATERIAL.
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions, or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of Stadium Manager, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor shall be deemed confidential.
Notwithstanding the above, the Contractor acknowledges that the Authority is a California public entity that is subject to the California Public Records Act. Information disclosed to St adium Manager on behalf of the Authority regarding the Contractor's Services in connection with the performance of this Agreement may be subject to public disclosure in accordance with the Public Records Act, including this Agreement and its terms.
By virtue of the nature of the Services, City, Authority, and/or Stadium Manager may from time to time share public safety sensitive information with Contractor and certain of Contractor’s employees or agents. Contractor and Contractor’s employees, subcontractors, and agents, shall maintain all such public safety sensitive information as strictly confidential. 12 19. NO USE OF STADIUM MANAGER NAME OR EMBLEM.
Contractor shall have no right to use the trademarks, symbols, trade names or other intellectual property of the City, Authority, Stadium Manager, Levi’s Stadium®, the San Francisco 49ers, or their respective Affiliates, or Stadium tenants or their Affiliates or other Event performers directly or indirectly, in connection with any production, promotion, service or publication, without the written approval of Stadium Manager.
20. OWNERSHIP OF MATERIAL.
All material, including information developed on computer(s), which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, and other material developed, collected, prepared, or caused to be prepared under this Agreement shall be the property of Stadium Manager, but Contractor may retain and use copies thereof. Stadium Manager shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than the Services, including, but not limited to, the release of this material to third parties.
21. RIGHT OF STADIUM MANAGER TO INSPECT RECORDS OF CONTRACTOR.
Stadium Manager, through its authorized employees, representatives, or agents shall have the right during the term of this Agreement and for three (3) years from the date of final payment for Services, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to Stadium Manager. Any expenses not so recorded shall be disallowed by Stadium Manager.
Contractor shall submit to Stadium Manager any and all reports concerning its performance under this Agreement that may be requested by Stadium Manager in writing. Contractor agrees to assist Stadium Manager in meeting Stadium Manager’s reporting requirements with respect to Contractor’s Services hereunder.
22. FAIR EMPLOYMENT.
Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, gender, sexual orientation, age, disability, religion, ethnic background, or marital status, in violation of Applicable Law.
23. HOLD HARMLESS/INDEMNIFICATION.
A. Contractor shall indemnify, defend and hold harmless the Authority, Stadium Manager and the Additional Indemnitees, and their respective officers, directors, managers, members, partners, owners and employees (collectively, “Indemnified Parties”) from and against all losses, costs, suits, actions, claims, damages, amounts paid in settlement, liabilities, costs and expenses, including reasonable attorneys’ fees (collectively, “ Losses”), resulting to, imposed upon, asserted against or incurred by any of them (including in any action between the parties) directly connected with or directly arising out of (i) any breach by Contractor under this Agreement, (ii) any negligent activity, inactivity, work or thing done or permitted by Contractor or its employees, agents or contractors in or upon the Stadium or Related Facilities, in the performance of the Services, or (iii) any injury or damage to any Person or to the property of any Person caused by any negligent action or omission or willful misconduct of Contractor or its employees, agents or contractors in the performance of the Services. Notwithstanding the foregoing, Contractor’s indemnity obligations herein 13 shall not apply to injury or damage arising out of the sole negligence or willful misconduct of Stadium Manager.
B. If any claim, demand, action or proceeding is made or commenced by any third party (a “Third Party Claims ”) against any Indemnified Party, the Indemnified Party shall give Contractor prompt notice thereof; the failure to give such notice shall not affect the liability of Contractor under this Agreement except to the extent the failure materially and adversely affects the ability of Contractor to defend the Third Party Claim. Contractor shall have the right to assume the defense and resolution of the Third Party Claim, provided that (i) the Indemnified Party shall have the right to participate in the defense of the Third Party Claim at its own expense through counsel of its choice (control of the defense will remain with Contractor), (ii) Contractor shall not consent to the entry of any judgment or enter into any settlement that would require any act or forbearance on the part of the Indemnified Party or which does not unconditionally release the Indemnified Party from all liability in respect of the Third Party Claim or would otherwise bring dishonor or disrepute upon Authority, Stadium Manager, any of their respective Affiliates, without the prior written consent of the Indemnified Party, and (iii) the Indemnified Party may undertake the defense of the Third Party Claim, at Contractor’s expense, if Contractor fai ls to (A) assume the defense within ten (10) business days after notice from the Indemnified Party or (B) diligently prosecute the defense.
C. EXCEPT WITH RESPECT TO THIRD PARTY CLAIMS, CONTRACTOR SHALL
HAVE NO LIABILITY FOR ANY TYPE OF INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED
TO LOSS OF OPPORTUNITY OR LOSS OF REVENUE OR PROFIT
HEREUNDER.
24. INSURANCE REQUIREMENTS.
During the term of this Agreement, and for any longer time period set forth in Exhibit C entitled “Insurance Requirements” and attached hereto and incorporated herein by this reference, Contractor shall purchase and maintain in full force and effect, at no cost to Stadium Manager insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as required in Exhibit C.
25. AMENDMENTS.
This Agreement may be amended only with the written consent of both Parties.
26. INTEGRATED DOCUMENT.
This Agreement represents the entire agreement between Stadium Manager and Contractor. No other understanding, agreements, conversations, or otherwise, with any representative of Stadium Manager prior to execution of this Agreement shall affect or modify any of the terms or obligations of this Agreement. Any verbal agreement shall be considered unofficial information and is not binding upon Stadium Manager.
27. SEVERABILITY CLAUSE.
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
14 28. WAIVER
Contractor agrees that waiver by Stadium Manager of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement
29. NOTICES.
All notices to the Parties shall, unless otherwise requested in writing, be sent to Stadium Manager addressed as follows:
Attention: Francine Hughes, Executive Vice President and General Manager Address: Forty Niners Stadium Management Company LLC
4900 Marie DeBartolo Way
Santa Clara, CA 95054
With a copy to: Legal Affairs
Forty Niners Stadium Management Company LLC
4949 Marie P. DeBartolo Way
Santa Clara, CA 95054
And to Contractor as follows:
Attention: Ty Richmond, President
Address: Staff Pro Inc. DBA Allied Universal Event Services 450 Exchange
Irvine, CA 92602
Telephone: 661.607.6448
Email: [email protected]
If notice is sent via email, a signed, hard copy of the material shall also be mailed. The workday the email was sent shall control the date notice was deemed given if there is a computer-generated confirmation of receipt returned to the sender on the date of transmission. An email transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following Monday.
30. CAPTIONS.
The captions of the various sections, paragraphs, and subparagraphs of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of interpretation.
31. LAW GOVERNING CONTRACT AND VENUE.
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
32. DISPUTE RESOLUTION.
A. Unless otherwise mutually agreed to by the Parties, any controversies between Contractor and Stadium Manager regarding the construction or application of this Agreement, and claims arising out of this Agreement or its breach, shall be submitted to mediation within thirty (30) days of the written request of one Party after the service of that request on the other Party.
15 B. The Parties may agree on one mediator. If they cannot agree on one mediator, the Party demanding mediation shall request the Superior Court of Santa Clara County to appoint a mediator. The mediation meeting shall not exceed one day (eight (8) hours) provided the Parties may mutually agree to extend the time allowed for mediation under this Agreement.
C. The costs of mediation shall be borne by the Parties equally.
D. For any contract dispute, mediation under this section is a condition precedent to filing an action in any court. In the event of mediation which arises out of any dispute related to this Agreement, the Parties shall each pay their respective attorney’s fees, expert witness costs, and cost of suit through mediation only. In the event of litigation, the prevailing Party shall recover its reasonable costs of suit, expert’s fees, and attorney’s fees. If mediation does not resolve the dispute, the Parties agree that the matter shall be liti gated in a court of law, and not subject to the arbitration provisions of the Public Contract Code.
33. COMPLIANCE WITH ETHICAL STANDARDS.
By executing this Agreement, Contractor promises and agrees that it and all of its members, officers, employees, agents, subcontractors and authorized representatives will comply with the “Ethical Standards for Contractors Seeking to Enter into an Agreement with Stadium Manager” attached hereto as Exhibit D and incorporated herein by this reference.
34. CONFLICT OF INTERESTS.
This Agreement does not prevent either Party from entering into similar agreements with other parties. To prevent a conflict of interest, Contractor certifies that to the best of its knowledge, no Stadium Manager, StadCo, Team, Authority, or City officer, employee, or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contr actor is familiar with the provisions of California Government Code Section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise Stadium Manager if a conflict arises.
[Signatures continued on next page]
16 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly appointed representatives as of the Effective Date.
STADIUM MANAGER:
FORTY NINERS STADIUM MANAGEMENT COMPANY LLC
By:_________________________________
Name: Francine Hughes
Title: Executive Vice President & General Manager
CONTRACTOR:
STAFF PRO INC. DBA ALLIED UNIVERSAL EVENT SERVICES
By:_________________________________
Name: Ty Richmond
Title: President
17 EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide the following services at the Stadium during the Term, as directed by Stadium Manager:
A. Overview
Contractor shall provide unarmed, uniform security officer services for Stadium Manager on an annual basis for NFL events, Non- NFL events such as concerts, soccer games, etc., and various non ticketed events scheduled at Levi Stadium, requiring a need for security services.
Contractor shall provide and supervise security officers who have passed pre- employment drug screening and background checks prior to employment. It is also expected these officers have the mental and physical qualifications, as well as the experience and training needed to successfully perform their assigned duties.
The security officer must have a temperament to work and communicate with adults, teens, and children of all ages and be capable of controlling a crowd in varying environments. The Contractor is responsible for ensuring that security officers meet or exceed California’s training requirements 1 and have a clear
understanding of performance standards, as well as both required and prohibited activities, set forth by the Stadium Manager, San Francisco Forty Niners, the NFL, event promotors, and others. The Contractor is responsible for documenting post orders for each role with input from the Stadium Manager.
The security officer’s main responsibility will be to maintain an orderly atmosphere through enforcement of the Stadium’s Fan Code of Conduct, the NFL’s best practices, and other crowd management initiatives as required through the Stadium’s Safety Act partnership with the Department of Homeland Security.
B. Security Requirements
The following scope of work and general practices provides a framework for describing the security tasks performed on a consistent basis. The following security methods, techniques, and requirements are established as performance measurements in determining acceptable levels of work performance and work quality. The list is not meant to be all-inclusive but to set the minimum standard for all tasks.
Contractor will provide unarmed security services for Levi’s Stadium for the types of events shown bel ow, a 24/7 support coverage (as needed) to support overnight Stadium lockdown and/or otherwise agreed upon by Stadium Manager. At a minimum the following number of positions need to be made available and scalable based on Stadium Manager’s needs to provide adequate coverage.
1. San Francisco 49ers Games (10+ annually) (NFL ticketed event) a. Area Director: 2 (4 hours before event start)
b. Event Manager: 4 (4 hours before event start)
c. Event Staff I: 375 (2 hours before event start)
d. Supervisors: 30 (2.5 hours before event start)
e. Dispatcher: 3 (3 hours before event start)
f. Roam Team: 60 (2 hours before event start)
g. Event Staff II: 85 (2 hours before event start)
h. Field Incursion (FIT) Team: 10 (2 hours before event start)
2. Non-NFL Event – Ticketed Concert
a. Area Director: 2 (4 hours before event start)
1 As dictated by the California Bureau of Security and Investigative Services
18 b. Event Manager: 4 (4 hours before event start)
c. Event Staff I: 375 (2 hours before event start)
d. Supervisors: 30 (2.5 hours before event start)
e. Dispatcher: 3 (3 hours before event start)
f. Roam Team: 60 (2 hours before event start)
g. Event Staff II: 85 (2 hours before event start)
3. Non-NFL Event – Ticketed Soccer Event
a. Area Director: 2 (4 hours before event start)
b. Event Manager: 4 (4 hours before event start)
c. Event Staff I: 375 (2 hours before event start)
d. Supervisors: 30 (2.5 hours before event start)
e. Dispatcher: 3 (3 hours before event start)
f. Roam Team: 60 (2 hours before event start)
g. Event Staff II: 85 (2 hours before event start)
4. Special Event – Non Ticketed Events
a. Contractor will work with event manager and Stadium Manager in a proper deployment for security services required for each individual event. * Time in parentheses is the expected start time for each staff member listed above per event. The event start is defined by the events’ pre-designated door times. ** Overnight and stadium lockdown staffing will be directed on a weekly basis based off event requirements.
Contractor will work directly with Stadium Manager in these needs. *** A minimum of 50% of the above allocations must be cut no later than 1 hour after the event ends. The end of event is defined as the last play of the game, the lost song by an artist, or as dictated by Stadium Manager for smaller special events.
**** The remaining 50% are expected to facilitate final clearing of the stadium and physical checks of all spaces to ensure the Stadium is clear. Once suites and club spaces close, the remaining 50% will support in egress of these spaces. The remaining staff should not be on duty longer than 2 hours past the events’ end unless approved by Stadium Manager.
C. Personnel Requirements
Security Personnel Levels: The security firm should provide personnel across various levels, including but not limited to:
1. Event Staff Level I
2. Supervisors
3. Event Staff Level II - Emergency Response Teams (Off-Duty Officers)
4. Dispatcher
5. Roam Teams
6. Management (e.g., Management and Area Directors)
** All security personnel provided by the Contractor are required to be guard card certified through the State of California’s Bureau of Investigative Security Services. The Contractor is responsible for maintaining guard card certificates and ensuring all guard cards are verified upon staff check in and that all are valid and in good standing, for every shift.
Administrative Personnel: All administrative personnel costs will not be borne by the Stadium Manager and should be listed separately. Administrative roles may include, but are not limited to:
19 1. Administrative Assistants
2. Operations Coordinators
3. Logistics Coordinators
4. Communication Officers
Staffing Definitions
Area Director – senior manager level support with the autonomy to make necessary business decisions in a moment’s notice. Will report to Stadium security management on all things directly and will serve as the direct point of contact for all things Contractor related.
Event Manager – manager level support who will assist Area Director in ensuring event logistics and staffing needs are met on all levels. Will work with Stadium on staffing allocations and deployments on event day. Will complete event staffing deployments and will properly brief Supervisors prior to the start of each event.
Supervisor – will support event managers in security officer deployments. Will be responsible for response team and incident management, as well as ensuring all staffing allocations are properly met. Will conduct post checks and provide a post order review for all security officers on deployment during each event.
Event Staff I – trained staff standing post as required by Contractor. Will also be responsible for entry screening procedures aided by the use of technology for screening measures as dictated by Stadium Management. Will also support the Stadiums Emergency and Incident Response plans when activated, as directed by the Stadium.
Roam Team – roving patrol teams, in pairs of 2, responsible for foot patrols of predesignated areas noted on their deployment. Will observe and report all security incidents to Supervisors and assist in incident response and security response as dictated through the Command Post.
Event Staff II – off duty law enforcement officers who will be first on scene for all security calls for service including theft, intoxication, fights, etc. Will also support the Stadiums Emergency and Incident Response plans when activated, as directed by the Stadium.
Dispatcher – will support the Command Post (CP) and work with Stadium Management Incident Commander as required. Will be responsible for documentation of incidents and noting appropriate events with the use of the Stadiums reporting system, 24/7. Will monitor radio traffic and communicate with Contractor Supervisors during the event.
Field Incursion (FIT) Team – field officers required by the NFL for San Francisco Forty Niners events only.
These officers are responsible for immediately responding to any patrons attempting to interrupt game of play, by entering the field of play at any time. In conjunction with Police, will be responsible for the removal of said individual from the field.
Admin (Check-In) – check in support for staff available to assist managers and directors with administrative duties.
D. Service Levels
Contract security personnel will provide a variety of services, including NFL, promotor, and Stadium security objectives according to all policies and procedures set forth by the various groups. These may include but is not limited to the following general disciplines:
1. Access Control:
20 a. Implement and manage access control procedures for events of varying sizes to ensure only authorized personnel enter designated areas.
b. Monitor and control entry and exit points to prevent unauthorized access. c. Facilitate the security screening process for all guests and employees entering the Stadium with the use of Magnetometer screening, both frictionless and non-frictionless. d. Verify the validity of credentials at all access points into the stadium, whether it is a Stadium issued badge, an actual paid ticket for an event, or on a list provided internally with those who are granted access for a specific non-ticketed event. e. Secures all back of house areas, including equipment, broadcast compounds, and personnel entering and exiting the Stadiums’ loading docks.
2. Crowd Management:
a. Work directly with Stadium Manager and public safety to develop a comprehensive crowd management plan adaptable to events with different scales to ensure the safe and orderly movement of attendees for both NFL events and non-NFL events. b. Work directly with Stadium Management to coordinate with local law enforcement to manage crowds effectively during incident and emergency response. c. Respond to, and properly document, incidents as directed by dispatch in the CP.
3. Baggage and Item Inspection:
a. Conduct thorough inspections of bags and personal items at designated entry points for events of varying sizes.
b. Implement effective screening procedures to detect prohibited items. c. Responsible for checking bags and enforcing the Stadium’s bag policy, with the ability to safely conduct a proper assessment of the contents of the approved bag before it enters the Stadium.
4. Surveillance and Monitoring:
a. Observe and report, via roving patrols, guest activity and addressing any fan code of conduct issues seen or reported.
b. Continuously monitor live feeds and respond to any suspicious activities promptly utilizing the Stadium’s CCTV infrastructure.
c. Observes and reports on securi ty threats on the Stadium property, including all exteriors and internal parking lot spaces.
5. Emergency Response:
a. Work with Stadium Manager and public safety to develop and implement an emergency response plan adaptable to events of different magnitudes in coordination with local emergency services and Stadium Manager.
b. Conduct regular drills to ensure quick and efficient responses to various emergency scenarios. Document all drills and trainings held.
c. Learns and executes Stadium security response, access control, and evacuation plans.
6. Communication:
a. Establish effective communication channels among security personnel and with event organizers for events of varying sizes.
b. Provide clear and timely updates to event organizers and relevant authorities. c. Area Director working in office out of the Stadium Security Offices 3 days a week.
21 7. Emergency Response Teams (Off-Duty Officers):
a. Deploy off-duty law enforcement officers trained in emergency response to enhance the speed and efficiency of on-site reactions to critical incidents. b. These officers are the Event Staff II Officers, with a higher skill level, trained in specific de- escalation and crowd management techniques.
E. Staffing Support
Contractor will be required to provide all security services required to meet the specifications outlined in the scope of work and cannot selectively decline to perform a particular service. If the Contractor is unable to meet the specifications of the scope for a specific event, or does not properly fulfill th eir staffing requirements, the Stadium reserves the right to separately contract for any security related services. If this is necessary for the Stadium, the Contractor will assume repayment penalties, or invoice reductions, for any staffing needs not fully fulfilled. See staffing table below for penalty allocations as dictated by Stadium Manager.
Contractor must request in writing any late staffing adjustments to account for staffing shortages, call offs, and/or no shows. Stadium Manager will respond to and approve any requests in writing, at their discretion, on a case-by-case basis. Any overages that were not approved and transported to site for potential support, are not to be billed to the Stadium and are costs the Contractor will be responsible for.
Contractor is responsible for submitting all time sheets and total staffing calls no later than the start of the 2 nd quarter for all NFL Events and 2 hours after doors for all non- NFL events to Stadium Manager. The Contractor will be required to submit time sheets with all invoices for each event.
F. Qualifications and Requirements
Prospective Contractors should meet the following criteria throughout the entire contract term, adhering to both California regulations and NFL Best Practices for Stadium security:
1. Experience:
a. Contractors must have a minimum of 10 years of experience in providing event security services for large-scale events, with a preference in sports. b. Demonstrated success in managing security for venues with similar capacities and similar disciplines.
2. Licensing and Certification (California Requirements):
a. Guard Card Security Personnel must hold valid California Guard Registration (Guard Card) as per the requirements of the California Bureau of Security and Investigative Services (BSIS).
b. Crowd management personnel must have additional certifications as required by local authorities as recommended by Stadium Management.
3. Training Requirements (California and NFL):
a. Security personnel should undergo mandatory training in accordance with California regulations, covering topics such as legal powers and limitations, use of force, de- escalation, public relations, anti-terrorism, and emergency procedures. b. Adherence to NFL Best Practices for Stadium Security training requirements, including specific modules on threat assessment and emergency response. c. Contractor must undergo Crowd Management Training approved by the Fire Code Official as recognized in the California Fire Code and California Code of Regulations, Title 19.
22 d. Contractor will develop a comprehensive set of post orders documenting both general procedures as well as site-specific responsibility for staff training. e. Post orders will be prepared prior to the commencement of the contract and must be reviewed and approved by Stadium Manager prior to the contractual agreement. f. All security officers will be required to read and verify they understand the post orders and, at a minimum, will be assessed during the on-the-job training period, semi-annual or more frequently during-site inspections.
g. Contractor will be required to conduct regularly scheduled employee training programs as requested by Stadium Manager
h. All training done by Contractor as it relates to business at Levi’s Stadium must be tracked and recorded with sign in sheet of those attended, as well as an agenda covering the topics trained on.
4. Technology and Equipment:
a. Contractor will be required to use and train personnel on access to modern security technology, including frictionless and non frictionless magnetometers. b. Contractor will be required to use and train personnel on any weapons detections systems or screening technology procured by stadium management. c. Contractor will be required to use and train personnel on use of hand wands. d. Contractor will be required to use and train personnel on use of body worn cameras in positions where required.
e. Contractor will be required to use and train personnel on use of two- way radio for communication.
5. Rate Breakdowns and Annual Increases:
a. Provide a detailed rate breakdown for each level of security personnel. b. Specify any annual increases in rates over the duration of the three- year contract with suggested escalators for the respective one-year renewals.
G. Performance and Reporting Requirements
Contractor will provide appropriate and necessary management and supervision for all employees and will be responsible for instituting and invoking disciplinary action of employees not in compliance with Stadium Management’s rules and regulations, as well as any other policy established by the contracting parties.
Contractor will ensure hiring, training and administration of motivated and professional employees that meet or exceed both the Contractor’s Standards, as well as the San Francisco 49ers. Contractor is responsible for the daily personal appearance of security personnel. Contractor will provide seasonal uniforms and weather appropriate protective clothing necessary to support continuous performance of Contractor requirements which all must be approved by Stadium Management prior to contractual agreement.
Contractor will provide two- way communication devices to personnel. Contractor will be required to share all training documents, presentations, power points, post orders, etc., with Stadium Manager to be included in the Stadium’s Safety Act submittals and management of documentation and training materials.
Contractors may be required to submit monthly reports describing staffing allocations, work performed, work status, work progress, difficulties encountered, remedial actions taken, performance complaints and violations reported. Performance complaints and violations include, but are not limited to, no call/no show rates, backfill rates and numbers, personnel complaints, violation of policies and procedures by staff members, and violation of uniform dress, appearance standards, and guard card verification. Stadium Manager will require After Action Reports after every large-scale event.
The Stadium Manager reserves the right to audit Contractor’s performance without notice throughout the performance period.
23 H. Service Level Agreement
Based on the proposal response, both Parties shall incorporate a written Service Level Agreement (defined as the “SLA”) outlining the administrative and operations plan within 30 days from the Effective Date of the agreement. The SLA will incorporate financial penalties for non- performance identified at events, should Contractor's performance fail to meet service levels established in the agreement, such penalty shall remain in effect for until such time those performance issues are cured.
The Stadium Manager shall conduct a year -end review of Contractor’s performance following completion of the first year of the Term of this Agreement and will notify Contractor of the results of such review. In the event Contractor’s performance is deemed by Stadium Manager to be below the standards specified in this Agreement including, without limitation, the service level agreement established in accordance with the foregoing paragraph, the Stadium Manager may treat Contractor’s substandard performance as a material breach of this Agreement such that Stadium Manager may, in its discretion, move forward with termination following notice and an opportunity to cure within the time specified and in accordance with the procedures set forth in Section 13 of the Agreement.
24 EXHIBIT B
CONTRACTOR COMPENSATION AND FEES
The Parties mutually agree that as consideration for the Services contained in this Agreement, Stadium Manager shall compensate Contractor upon the completion (and verification of the completion by Stadium Manager) of the Services contained in Exhibit A in accordance with the compensation terms specified below.
A. Year One – November 1, 2024 through July 31, 2025 Rates
Position Standard Hourly Rate Overtime / Holiday
Hourly Rate
Double Time Hourly
Rate
Event Manager $40.76 $42.76 $81.52
Area Director $40.76 $42.76 $81.52
Event Supervisor $40.76 $42.76 $81.52
Roam Team $36.99 $38.99 $73.98
Event Staff Level I $36.99 $38.99 $73.98
Dispatcher $36.99 $38.99 $73.98
Event Staff Level II $61.69 $63.69 $123.38
Field Incursion Team $40.76 $42.76 $81.52
Admin (Check-In) $36.99 $38.99 $73.98
Refer to additional pricing details below.
B. Year Two – August 1, 2025 through July 31, 2026 Rates
Position Standard Hourly Rate Overtime / Holiday
Hourly Rate
Double Time Hourly
Rate
Event Manager $41.78 $54.31 $83.56
Area Director $41.78 $54.31 $83.56
Event Supervisor $41.78 $54.31 $83.56
Roam Team $37.91 $49.29 $75.83
Event Staff Level I $37.91 $49.29 $75.83
Dispatcher $37.91 $49.29 $75.83
Event Staff Level II $63.23 $82.20 $126.46
Field Incursion Team $41.78 $54.31 $83.56
Admin (Check-In) $37.91 $49.29 $75.83
Refer to additional pricing details below.
C. Year Three – August 1, 2026 through July 31, 2027 Rates
Position Standard Hourly Rate Overtime / Holiday
Hourly Rate
Double Time Hourly
Rate
Event Manager $42.82 $55.67 $85.65
Area Director $42.82 $55.67 $85.65
Event Supervisor $42.82 $55.67 $85.65
Roam Team $38.86 $50.52 $77.73
Event Staff Level I $38.86 $50.52 $77.73
Dispatcher $38.86 $50.52 $77.73
Event Staff Level II $64.81 $84.26 $129.63
Field Incursion Team $42.82 $55.67 $85.65
Admin (Check-In) $38.86 $50.52 $77.73
25 Refer to additional pricing details below.
D. Pricing Details
The following details provide additional information to the hourly rates:
1. Account Manager – dedicated position assigned to the account as referenced in the RFP at no cost to Stadium Manager.
2. Event Manager, Event Supervisor and Event Director positions are hourly rates (as these are not salaried employees) and will be charged for the actual hours worked. Proof of hours worked shall be submitted with the Contractor’s invoice.
3. Stadium Manager will not incur any cost for assigned personnel for absenteeism/no- show and will only pay for actual hours worked.
4. The overtime and holiday rates are capped for Year One at $2 extra over the standard hourly rate.
5. Rate increases Years Two and Three are capped at 2.5% increase of the standard hourly rate each year. Overtime (between 8-12 hours) and holiday rates will be 1.3 times the standard hourly rate.
For hours worked beyond 12 hours, double time over the standard hourly rate shall apply.
6. All hourly bill rates include all payroll taxes, insurance, and overhead.
7. There is a 4-hour minimum for all confirmed personnel working on site and verified attendance.
8. Contractor will administer all cost accounting and billing relative to this contract. All invoices should be submitted no later than 30 days after the events’ conclusion. For any late invoices, a one- time 15% discount fee will be applied to the overall total cost.
9. Contractor may rent golf carts for events at Levi’s Stadium and charges for such rental shall be coordinated and approved in advance by Stadium Manager. Contractor shall invoice Stadium Manager at cost with no additional charges.
26 EXHIBIT C
INSURANCE REQUIREMENTS
At all times during the term hereof, Contractor shall keep and maintain in full force and effect the following types of insurance coverage and/or bonds:
1. Commercial General Liability (“CGL”) insurance, written on standard ISO “occurrence” policy form CG 00 01 or a substitute form providing coverage at least as broad as the ISO form specified, affording protection against liability arising out of personal injury, bodily injury, death, and damage to property occurring in or about the property in the minimum amount of Five Million Dollars ($5,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the annual aggregate.
2. Business Automobile Liability (“AL”) insurance in the minimum amount of Two Million Dollars ($2,000,000) each accident with respect to owned, hired and non- owned vehicles.
3. Workers compensation insurance, as required by applicable law.
4. Employer's liability (“EL”) insurance in the minimum amount of One Million Dollars ($1,000,000) each accident, One Million Dollars ($1,000,000) each employee, by disease, and One Million Dollars ($1,000,000) policy aggregate by disease.
5. Employment Practices Liability insurance with limits of at least Five Million Dollars ($5,000,000) each claim and, in the aggregate, including third party coverage.
Coverage shall be on a claims -made basis with a retroactive date no later than the effective date of this Agreement, with coverage to be continuously renewed and maintained throughout the Term, plus a period of three (3) years with the option of meeting such three (3) year requirement through the use of a three (3) year extended reporting period endorsement that is effective at the end of the Term.
6. Crime insurance, including employee dishonesty, covering all of Contractor's agents, contractors, managers and other employees, and including third party coverage, in the minimum amount of One Million Dollars ($1,000,000) each claim.
7. Liability insurance covering claims arising out of errors and omissions by vendors rendering professional services, in the minimum amount of Five Million Dollars ($5,000,000) each occurrence including contractual liability coverage, with all coverage retroactive to the earlier of the date of agreement or commencement of Contractor's services and with coverage to be continuously renewed and maintained throughout the Term, plus a period of three (3) years with the option of meeting such three (3) year requirement through the use of a three (3) year extended reporting period endorsement that is effective at the end of the Term.
8. Umbrella or excess liability insurance in the minimum amount of Thirty Five Million Dollars ($35,000,000) per occurrence and in the aggregate providing following form excess coverage over the CGL, AL, and EL insurance specified above, including but not limited to the required additional insureds and additional insured coverage.
9. Terrorism insurance coverage, to the extent provided under TRIA or an extension thereof, shall be required for all insurance policies required in this Agreement.
10. The above stated minimum limits may be achieved by a combination of primary and
27 excess coverage. Any deductible or self-insured retention amounts are the sole responsibility of the Contractor.
11. The Contractor’s CGL, AL, and Umbrella or excess liability insurance policies shall include Stadium Manager, Santa Clara Stadium Authority, City of Santa Clara and each of their respective parent companies, subsidiaries, affiliates, officers, directors, and employees (collectively, the “Additional Insured Parties”), as additional insureds up to the contractually required limits . In all cases, the insurance afforded to the Additional Insured Parties hereunder shall be primary insurance and, in the event the Additional Insured Parties maintain other insurance that is applicable to the loss, it will be on an excess or contingent basis.
For Contractor’s CGL insurance, ISO endorsement CG 20 10 04 13 and CG 20 37 04 13 or equivalent manuscript endorsement shall be the additional insured wording required. ISO endorsement CG 20 01 04 13 or an equivalent manuscript endorsement shall be the primary/non- contributory wording required.
12. At Stadium Manager's request from time to time (and in any event not less than 15 (fifteen) days prior to the expiration dates of any expiring policies or bonds furnished by Contractor) , Contractor shall furnish to Stadium Manager a certificate of insurance supplied by each such insurer and surety showing that the insurance and bonds required hereunder are in full force and effect and showing the limits thereof and that all such policies and bonds contain the provisions and endorsements required hereunder, and including copies of any required additional insured endorsements and primary/non- contributory endorsements.
The certificate(s) of insurance shall be subject to approval of Stadium Manager, but failure of Stadium Manager to request such certificate or other evidence of Contractor’s compliance with insurance requirements, or failure of Stadium Manager to identify deficiencies from evidence that is provided, shall in no way limit or relieve Contractor of its obligations to maintain such insurance. In the event of a claim that involves a coverage dispute associated with any insurance policy or policies required to be obtained by Contractor hereunder, Contractor shall furnish evidence of coverage pursuant to such policy or policies to Stadium Manager with 10 days of Stadium Manager’s written request.
13. All insurance policies and bonds required to be maintained by Contractor shall be issued by insurers or sureties (as the case may be) reasonably satisfactory to client, authorized to do business in the state of California and having an AM Best rating and financial size category of A -/VII or better.
14. All required policies of the Contractor shall provide (i) a waiver by the insurer of any right to subrogate against Stadium Manager, Santa Clara Stadium Authority, City of Santa Clara or any of their respective parent companies, subsidiaries, affiliates, officers, directors, or employees (ii) a severability of interest or endorsement whereby Contractor’s required insurance shall apply separately to each insured or additional insured; and (iii) a provision that the insurer will not cancel or change the coverage provided by such without giving the Stadium Manager thirty (30) days' prior written notice.
15. The insurance requirements set forth in minimum amounts herein shall not be construed to relieve Contractor for liability in excess of such coverage, nor shall it preclude Stadium Manager from taking such other actions as is available to it under any other provision of the Agreement.
EXHIBIT D
28 ETHICAL STANDARDS FOR CONTRACTORS SEEKING TO ENTER INTO AN AGREEMENT WITH
STADIUM MANAGER
Termination of Agreement for Certain Acts.
A. Stadium Manager may, at its sole discretion, terminate this Agreement in the event any one or more of the following occurs:
1. If a Contractor2 does any of the following:
a. Is convicted3 of operating a business in violation of any Applicable Law; b. Is convicted of a crime punishable as a felony involving dishonesty 4; c. Is convicted of an offense involving dishonesty or is convicted of fraud or a criminal offense in connection with: (1) obtaining; (2) attempting to obtain; or, (3) performing a public contract or subcontract;
d. Is convicted of any offense which indicates a lack of business integrity or business honesty which seriously and directly affects the present responsibility of a Stadium Manager contractor or subcontractor; and/or,
e. Made (or makes) any false statement(s) or representation(s) with respect to this Agreement.
2. If fraudulent, criminal or other seriously improper conduct of any officer, director, shareholder, partner, employee or other individual associated with Contractor can be imputed to Contractor when the conduct occurred in connection with the individual’s performance of duties for or on behalf of Contractor, with Contractor’s knowledge, approval or acquiescence, Contractor’s acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval or acquiescence.
2 For purposes of this Agreement, the word “ Consultant” (whether a person or a legal entity) also refers to “Contractor” and means any of the following: an owner or co- owner of a sole proprietorship; a person who controls or who has the power to control a business entity; a general partner of a partnership; a principal in a joint venture; or a primary corporate stockholder [i.e., a person who owns more than ten percent (10%) of the outstanding stock of a corporation] and who is active in the day to day operations of that corporation.
3 For purposes of this Agreement, the words “ convicted” or “conviction” mean a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere within the past five (5) years.
4 As used herein, “ dishonesty” includes, but is not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, failure to pay tax obligations, receiving stolen property, collusion or conspiracy.
29 B. Stadium Manager may also terminate this Agreement in the event any one or more of the following occurs:
1. Stadium Manager determines that Cont ractor no longer has the financial capability 5 or business experience6 to perform the terms of, or operate under, this Agreement; or
2. If Stadium Manager determines that Contractor fails to submit information, or submits false information, which is required to perform or be awarded a contract with Stadium Manager, including, but not limited to, Contractor’s failure to maintain a required State-issued license, failure to obtain a Stadium Manager business license (if applicable), or failure to purchase and maintain bonds and/or insurance policies required under this Agreement.
C. In the event a prospective Contractor (or bidder) is ruled ineligible (debarred) to participate in a contract award process or a contract is terminated pursuant to these provisions, Contractor may appeal the action to the Authority by filing a written request with the Authority Secretary within ten (10) days of the notice given by Stadium Manager to have the matter heard. The matter will be heard within thirty (30) days of the fili ng of the appeal request with the Authority Secretary.
Contractor will have the burden of proof on the appeal. Contractor shall have the opportunity to present evidence, both oral and documentary, and argument.
5 Contractor becomes insolvent, transfers assets in fraud of creditors, makes an assignment for the benefit of creditors, files a petition under any section or chapter of the federal Bankruptcy Code (11 U.S.C.), as amended, or under any similar law or statute of the United States or any state thereof, is adjudged bankrupt or insolvent in proceedings under such laws, or a receiver or trustee is appointed for all or substantially all of the assets of Contractor.
6 Loss of personnel deemed essential by Stadium Manager for the successful performance of the obligations of Contractor to Stadium Manager.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-751 Agenda Date: 10/8/2024
REPORT TO COUNCIL
SUBJECT
Action on a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Route Approval for the Silicon Valley Power 115 kilovolt Transmission Line from the Northern Receiving Station to the Kifer Receiving Station
BACKGROUND
On September 28, 2021, City Council accepted Silicon Valley Power’s (SVP) Three-Year System Growth Strategy Plan (RTC 21-871). The Three-Year System Growth Strategy Plan identified proposed projects for both near-term and long-term capital improvement projects needed to support anticipated system growth and to replace end-of life equipment to ensure system reliability. One of the necessary near-term projects is the construction of a new 115 kilovolt (kV) transmission line between the Northern Receiving Station (NRS) and Kifer Receiving Station (KRS). Constructing the 115kV transmission line will allow energy to be balanced and redistributed within SVP's transmission receiving stations and allow SVP to serve the new load growth projected based on the SVP Resource Load Forecast. The three receiving stations [NRS, Scott Receiving Station (SRS), and KRS] within the City of Santa Clara (City) are all interconnected. As approved by the City Council, SRS and KRS are being fully rebuilt and NRS is being upgraded and expanded to replace obsolete infrastructure and accommodate future growth.
The NRS and SRS sites are currently directly connected via two 115kV lines, which are owned by PG&E. The NRS site is connected to PG&E’s system via three 115kV transmission lines and one 230kV transmission line. The KRS site has two 115kV transmission lines connected with PG&E. A second 230kV transmission line is being designed to connect to NRS which will be owned and operated by LS Power and rated for 500MW (recently updated to a 1000MW line that will be considered for approval November 2024). To transfer this additional power and balance loads between the receiving stations, a new 115kV transmission line between NRS and KRS is required. If this new 115kV transmission line is not constructed or delayed, SVP future peak capacity would be reduced from approximately 1300 MW to approximately 819 MW.
On March 19, 2024, the City Council received an informational Report to Council (Attachment 1, RTC 24-1614) regarding the new 115kV transmission line from NRS to KRS. This informational report identified three possible routes which SVP evaluated. The preferred alignment, Route A, begins at NRS exiting southeast toward Lafayette Street, continuing southeast within the median of Lafayette Street to Agnew Road, where it transitions to the east side of Lafayette Street until Montague Expressway, there the route shifts and enters Bassett Street proceeding southeast down the west side of Bassett Street to Bayshore Freeway, where the route crosses Bayshore Freeway and continues south along Duane Avenue interconnecting to KRS from the north side (the New 115kV Transmission Line).
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The SVP evaluation team for the New 115kV Transmission Line consisted of internal SVP staff, design, and environmental engineering consultants, and program management staff for the System Expansion Program. The SVP evaluation team conducted a comprehensive analysis and evaluation, employing various methodologies such as potholing and GPR surveys. This in-depth assessment took into consideration SVP’s load growth and system planning projections, schedule, cost estimation, required easements and permits, and engineering judgment. The goal was to determine feasible route alignments, identify a preferred route, and explore potential overhead and underground options within the preferred route.
The findings favored the New 115kV Transmission Line/Option 1 which is the all-overhead option set forth in Attachment 2 of RTC 24-1614. These findings were based on the following key items:
· Ability to meet the schedule
· Flexibility in power delivery
· Ability to accommodate future growth
In addition, the following items were also considered:
· Ease of maintaining the system
· Reduced construction disruption to the public
· Reduction in total cost
DISCUSSION
The preferred project, which was analyzed under the California Environmental Quality Act (CEQA), is the proposed all-overhead option for the New 115kV Transmission Line (“Project”). The environmental review of the Project was conducted by the City as the lead agency under CEQA. The City held a 50-day public scoping period. There are no CEQA requirements for a public scoping period for an Initial Study/Mitigative Negative Declaration (IS/MND), however, SVP chose to conduct public scoping to provide an opportunity for the public and agencies to comment on the scope of the environmental review of the Project. A Mitigation Monitoring and Reporting Program (MMRP) was also prepared with the IS/MND to mitigate and reduce any significant environmental impacts to less than significant. The CEQA document also analyzed a hybrid option which includes undergrounding the northern segment of the New 115kV Transmission Line, but this option is not preferred as further discussed below.
Community Outreach, Noticing, and Scoping
The scoping process and results are an initial step in the environmental review process. The City issued a notice of a public scoping meeting on April 10, 2024, that outlined the Project, stated the City’s intention to prepare an IS/MND, and requested comments from interested parties. The notice was mailed to 3,626 people (using a list compiled with GIS data) within a 1,000+ foot radius around the proposed Project route. Prior to the scoping meeting, on April 25, 2024, SVP’s project manager was notified that some residents near the Project did not receive the notice. The decision was made to have an additional public scoping meeting, extend the scoping period an additional three weeks, re -send the notices, and electronically notify people as well.
The second notice was mailed out on May 7, 2024, to 3,626 addresses. The second notification also included electronic notification, which sent out notices to (1) news email lists for SVP (8,177 subscribers) and the City (7,552 subscribers), (2), City/SVP Facebook subscribers (2,400), and (3) Nextdoor members (52,860). Additionally, as part of the AB 52 process, two Native American tribes City of Santa Clara Printed on 10/4/2024Page 2 of 6
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on the City’s tribal consultation list were contacted; however, we received no responses from them.
The notice was also posted on the City and SVP’s webpages.
The first meeting was attended by eight (8) people and the second meeting was attended by 18 people.
Comments Received
In total, 87 comment letters were received during the scoping period. Most of these comments (83 out of 87) were identical “form” letters, which included the same text in the body of the comment but were signed by the sender. Eleven individuals sent in more than one comment letter, several comments were received from the same address, and 50 comments were submitted from different addresses within the noticed area. 86 comments were received from residents, and one comment was received from a nearby business.
These letters are included in the Scoping Report of the Final IS/MND (Appendix F, Scoping Report).
Oral and written comments were considered in the drafting of the IS/MND. The comments fell into five categories:
(1) Health concerns - electromagnetic fields (EMF) further discussed below and Section
4.15, Electric and Magnetic Fields Summary of the Final IS/MND; (2) Increased risk for catastrophic accidents and fire hazards - see Final IS/MND Section
5.9 (Hazards and Hazardous Materials), Section 5.17 (Transportation), and Section
5.20 (Wildfire);
(3) Impact on home insurance costs and property value - not within the scope of CEQA, see Final IS/MND, Appendix F, Scoping Report;
(4) Aesthetics - see IS/MND Section 5.1 (Aesthetics); and (5) Complexity and inconvenience - see Final IS/MND Section 5 for a discussion of constructions impacts for each environmental resource.
EMF Analysis
The main concern from commentors was related to EMF emitted by transmission lines. They expressed concern about the health risks correlated with EMF exposure, especially due to the proximity of the line to residential communities along Lafayette Street. The commentors stated that even a small risk should not be ignored. Impacts from electromagnetic fields are not analyzed under CEQA. However, due to the concern from the public, SVP conducted an EMF study. This study is included in the Final IS/MND (Appendix G, EMF Report). The EMF Report broke up the Project into 19 segments and presents EMF calculations for the current year modeling existing conditions, 2024, and for the anticipated in-service year, 2028, for normal and peak loads. The EMF Report measured EMF 60 feet east of the Project centerline. Segments 1 through 3 are located adjacent to the residential community where the majority of comments were sent from.
The EMF Report analyzes the increase in EMF (measured in milliGauss (mG)) when the new 115kV Transmission Line is in-service. According to the report, Segments 1 through 6 in the new 115kV Transmission Line will increase EMF from approximately 8 mG to 16 mG during normal loads.
During peak loads, it is projected that EMF will increase from 10 mG to 16 mG. Over the entire 19 segments in the alignment, the largest increase in EMF is 24.4 mG during normal loads and 30.5 mG during peak loads. There is no defined or adopted threshold for EMF impacts, since there is no agreement among scientists that EMF creates a potential health risk. It should be noted that the City of Santa Clara Printed on 10/4/2024Page 3 of 6
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estimated EMF values of average household appliances exceed the amount of EMF from the proposed Project (that is, at 60 feet from the proposed Project centerline). For example, EMF levels approximately range: (1) 20 mG near portable heaters and (2) 60 mG near vacuum cleaners for measurements at 1 foot distance. The Final IS/MND also includes recommended EMF Design Guidelines by the California Public Utilities Commission (CPUC) to be considered during final engineering. Based on these guidelines to reduce the magnetic field strength levels from the proposed transmission line, SVP considered and implemented the following measures in project design development:
(1) Increase the distance from electrical facilities by:
(a) Increasing structure height or trench depth
(b) Locating power lines closer to the centerline of the corridor; (2) Reduce conductor (phase) spacing; and
(3) Phase circuits to reduce magnetic fields.
Initial Study/Mitigated Negative Declaration
The Draft IS/MND was published and circulated for review on July 31, 2024. Based upon the Initial Study, the Project will not have a significant effect on the environment because mitigation measures have been incorporated into the MMRP.
A Notice of Availability (NOA) was mailed out and noticed to the same lists as the public scoping document. The NOA was also published on the State Clearinghouse Website, which initiated the 30- day public review period that ended on August 30, 2024.
During the comment period for the Draft IS/MND, SVP held an in-person public meeting on August 22, 2024, at the Northside Branch Library. The meeting was attended by twelve people. Verbal comments, which were received during the public meeting, were similar to those received during the Project scoping. SVP staff and SVP’s engineering and environmental design consultants were all in attendance to answer questions.
During the public review period, the City received 78 total comments on the Draft IS/MND. This included four agency comments from the San Jose International Airport, Caltrans, California Department of Fish and Wildlife (CDFW), and the San Francisco Public Utilities Commission (SFPUC), and 74 comments from individuals.
Although Section 15088 of the CEQA Guidelines does not require a Lead Agency to prepare written responses to comments received, the City prepared a “Responses to Comments” document, which is included in Section 7 of the Final MND. This document addresses all comments received during the Draft IS/MND 30-day review period. Minor changes were made to the IS/MND in response to these comments, which are identified in the “Response to Comments” section and are tracked in the Final IS/MND. The comments received during the public comment period from individuals generally fell into seven categories and were similar to comments received during the scoping period. In response, the City prepared seven general responses to address the comments. (1) General Response #1 - Human Health and Scope of CEQA - not within the scope of CEQA, see Final IS/MND Section 7 (Response to Comments); (2) General Response #2 - Electric and Magnetic Fields - see Final IS/MND Section 4.15 City of Santa Clara Printed on 10/4/2024Page 4 of 6
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(Electric and Magnetic Fields Summary), and Appendix G (EMF Report); (3) General Response #3 - Corona and Induced Currents - see Final IS/MND Section 5.21 (Corona and Induced Current Effects);
(4) General Response #4 - Property Values and Costs - not within the scope of CEQA, see Final IS/MND Section 7 (Response to Comments);
(5) General Response #5 - Aesthetics - see IS/MND Section 5.1 (Aesthetics); (6) General Response #6 - Noise - see Final IS/MND Section 5.13 (Noise); and (7) General Response #7 - Hazards - see Final IS/MND Section 5.7 (Geology and Soils), Section 5.9 (Hazards and Hazardous Materials), Section 5.15 (Public Services), Section 5.17 (Transportation), and Section 5.20 (Wildfire) Most of these comments were addressed in the Draft IS/MND. The Response to Comments section summarizes the comments and explains where the comments are addressed in the Final IS/MND.
None of the comments identified additional environmental effects that may be significant.
All-Overhead Alignment Recommendation
Based on the analysis and evaluation completed to date, staff recommends the all-overhead alignment (Project Route A, Option 1, from the informational report, RTC 24-1614) for the following key reasons:
Schedule
The overhead alignment has an anticipated energization date of the first quarter of 2028. On the other hand, the conceptual underground alignment would require relocation of two transmission gas lines (one SVP and one Pacific Gas and Electric [PG&E] owned). The underground option will require a shutdown of Donald Von Raesfeld (DVR) power plant and coordination with PG&E to relocate. In addition to the two gas transmission lines, there are 23 utility relocations or crossings that would need to be coordinated to meet minimum vertical and horizontal clearances. In some instances, the depth of the transmission line would need to be 20 plus feet deep to accommodate required clearances. Therefore, for these reasons, the underground option has an unknown energization date, and it is certain energization would not occur in 2028.
Flexibility in Power Delivery
The overhead transmission line option can deliver more power due to better heat dissipation than the underground alternative. Overhead systems can be designed to satisfy any current rating requirements by changing variables such as conductor type, structure/pole height, etc. The underground transmission line option is anticipated to be able to deliver only about 83% of the power that the overhead option would be able to provide at 115kV. This value drops to 79.9% at 230kV.
Future Growth
New pole locations for the overhead option will be able to accommodate a future underbuilt 60kV transmission line, and these poles will be designed to accommodate voltages of 230kV but energized for 115kV. Future upgrades in voltage would allow for more power transfer through the proposed route without major additional capital investment or disruptions. The underground option could also be designed to accommodate voltages of 230kV. That said any future 60kV lines would necessitate a new alignment and trench, leading to additional disturbances and costs at a later date. For the underground option, a new alignment with separation from the existing trench would be required to City of Santa Clara Printed on 10/4/2024Page 5 of 6
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accommodate the necessary heat dissipation emitted from the multiple sets of cables at the different voltage levels. This may not be feasible due to the number of existing utilities and minimum vertical and horizontal clearances required.
ENVIRONMENTAL REVIEW
The MND and MMRP were prepared for the Project in conformance with CEQA. These documents and Notice of Availability were posted on the City’s website at <http://www.santaclaraca.gov/ceqa> and circulated for 30-day review from July 31, 2024, to August 30, 2024.
The MND examined environmental impacts associated with the Project. The MND identified potentially significant impacts to air quality, biological, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water, noise, and traffic/transportation. However, the MND and MMRP incorporates mitigation measures to reduce the potentially significant impacts to less-than -significant.
FISCAL IMPACT
There is no fiscal impact to the City for adopting the MND and MMRP other than administrative staff time and expense. The anticipated construction costs for the Project are currently budgeted within the Electric Utility Capital Fund.
COORDINATION
This report has been coordinated with the Finance Department, City Manager’s Office, 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 protected] <mailto:[email protected]>.
RECOMMENDATION
1. Adopt a Resolution adopting the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the New 115kV Transmission Line Project between the Northern Receiving Station and Kifer Receiving Station; and
2. Approve Route A, Option 1, for an entirely overhead alignment of the New 115kV Transmission Line, with authorization to Silicon Valley Power staff to make minor alignment adjustments based on final project engineering and design.
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. RTC 24-1614 with Attachments
2. Final Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
3. Resolution
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-1614 Agenda Date: 3/19/2024
REPORT TO COUNCIL
SUBJECT
Informational Report Regarding Route Analysis for 115kV Transmission Line from Northern Receiving Station to Kifer Receiving Station
EXECUTIVE SUMMARY
To meet the increasing demand and electric service growth within the City of Santa Clara (City), Silicon Valley Power (SVP) has determined the need for a near term project for a 115 kilovolt (kV) transmission line to connect the Northern Receiving Station (NRS) and Kifer Receiving Station (KRS). By connecting these two receiving stations, SVP will be able to transfer additional power and balance the electric load throughout the three receiving stations within the City.
SVP conducted a draft analysis of three potential transmission routes, assessing their impact on existing transportation routes, conflict with utilities, land use and easement requirements, constructability, cost, schedule, and environmental considerations. Following a comprehensive comparison and evaluation, the route connecting NRS and KRS through Lafayette Street, Bassett Street, and Duane Avenue was recommended. The proposed route underwent further assessment to determine whether portions could be installed overhead or underground. After considering various factors, including potholing and ground-penetrating radar surveys, load growth, system planning, required easements, permits, and engineering judgment, SVP has concluded that the recommended route should be installed overhead for the entire alignment for various reasons, such as reduced transmission capacity, reliance on external agencies, increased costs, and other factions, that are outlined later in this report.
This is an informational report only and no decisions are being requested at this time. SVP anticipates returning to City Council in Fall 2024 for the consideration of the final recommended project route and CEQA determination.
BACKGROUND
SVP has provided electric service for over 127 years and is experiencing significant continued growth. In 2021, SVP recorded a peak load of nearly 600 Megawatt (MW) and delivered approximately 4,100 Gigawatt-hours (GWh) to customers. In 2022, SVP’s recorded peak load increased to 702 MW, and energy delivery rose to 4,550 GWh. This represents an approximate 10% increase in energy delivery and represents the largest year-over-year growth in the last 30 years.
On September 28, 2021, City Council accepted SVP’s Three-Year System Growth Strategy Plan (RTC # 21-871). The Three-Year System Growth Strategy Plan identified $300 million in proposed projects for both near-term and long-term capital improvement projects needed to support anticipated system growth and to replace end-of life equipment to ensure system reliability. One of the necessary near-term projects is the construction of a new 115kV transmission line between NRS and City of Santa Clara Printed on 3/15/2024Page 1 of 7
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24-1614 Agenda Date: 3/19/2024
KRS (New 115 kV Transmission Line). Constructing the New 115 kV Transmission Line will allow energy to be balanced and redistributed within SVP's transmission receiving stations and allow SVP to serve new load growth projected based on the SVP Resource Load Forecast.
At its November 15, 2022, meeting, City Council accepted the report of the SVP System Expansion Plan for the California Independent System Operator’s (CAISO) Transmission Planning Process FY2023/24 (RTC # 22-1172).
In March 2023, the CAISO selected LS Power as the developer, owner, and operator of two new 500 MW transmission lines to the South Bay with an estimated cost of over $1.0 billion. vSVP has been focusing on one of the 500 MW transmission lines that will link Pacific Gas and Electric’s (PG&E) existing Newark Substation in Fremont to NRS.
The three receiving stations [NRS, Scott Receiving Station (SRS), and KRS] within the City are all interconnected. The NRS and SRS sites are currently directly connected via two 115kV lines, which are owned by PG&E. The NRS site is connected to PG&E’s system via three 115kV transmission lines and one 230kV transmission line. The KRS site has two 115kV transmission lines connected with PG&E. A second 230kV transmission line is being designed to connect to NRS which will be owned and operated by LS Power and rated for 500MW. To transfer this additional power and balance loads between the receiving stations, a new 115kV line between NRS and KRS is required.
SVP's Three-Year Growth Plan Strategy report indicated that the existing PG&E 115kV transmission lines are not sufficient to adequately meet forecasted peak load and ensure reliability, and it recommended the New 115 kV Transmission Line between NRS and SRS. The New 115kV Transmission Line addresses the need for capacity and reliability upgrades and will ensure that SVP's electrical system is able to withstand an unexpected failure of the existing PG&E transmission lines.
The SVP evaluation team identified and evaluated three routes for the New 115kV Transmission Line prior to selection of the final route. These routes are shown in Attachment 1 and described below. · Route A begins at NRS exiting northeast toward Lafayette Street continuing southeast within the median of Lafayette Street to Agnew Road where it transitions to the east side of Lafayette Street until Montague Expressway, where Route A enters Bassett Street. Route A proceeds southeast down Bassett Street to Bayshore Freeway, where the route crosses Bayshore Freeway and continues south along Duane Avenue interconnecting to KRS from the north. · Route B begins at NRS and parallels Route A within the median of Lafayette Street, proceeding southeast, crossing Bassett Street near the intersection with Montague Expressway, continuing southeast to the intersection of George Street. Route B continues southeast within Bassett Street until the intersection of George Street where it crosses the Union Pacific Railroad (UPRR) southeast, entering Lafayette Street and entering an existing utility corridor along the UPRR. The route proceeds southeast, crossing Bayshore Freeway and continues along the railroad before turning west onto private commercial properties and parking lots before exiting onto Comstock Street. The route proceeds west on Comstock Street before crossing Lafayette Street and entering KRS.
· Route C begins at NRS traveling west toward San Tomas Aquino Creek. The route turns south and follows the Creek for just over 1.5 miles. Route C then turns east and travels along Central City of Santa Clara Printed on 3/15/2024Page 2 of 7
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Expressway before continuing along Comstock Avenue. The route follows Comstock Avenue and turns north into KRS.
After completing a draft alternative route analysis report, the SVP evaluation team assessed the three routes, considering their impact on existing transportation routes, conflict with utilities, land use and easement requirements, constructability, cost, schedule, and environmental considerations.
Following a comprehensive comparison and evaluation, Route A emerged as the recommended route.
Route B, while similar to Route A, has additional constructability and easement acquisition concerns and enters the UPRR right-of-way. At this location, the UPRR right-of way is narrow and would not allow for an overhead transmission line to be located at a safe distance from the track. For these reasons, Route B was excluded.
The main challenges with Route C include: (1) easement acquisition along most of the alignment, (2) permitting requirements of Santa Clara Valley Water District on the San Tomas Aquino Creek levee, and (3) the presence of existing transmission lines which would need to be rebuilt and incorporated into the proposed transmission line. These issues would significantly impact the project schedule; therefore, Route C was not preferred.
DISCUSSION
Route A spans 2.24 miles from NRS to KRS. Due to the proximity to residential areas along the northern segment (between NRS and Agnew) of Route A, the SVP team examined underground and overhead alternatives for the northern segment. The northern segment starts from NRS to the intersection of Lafayette Street with Agnew Road and covers approximately 0.74 miles. South of Agnew the team only explored overhead options.
To assess feasibility of either Route A options, the team conducted preliminary utility potholing and ground-penetrating radar surveys to investigate potential conflicts with underground utilities. The SVP evaluation team compared overhead and underground alternatives between NRS and Agnew Road, considering near-term construction and access constraints, long-term operational factors, power delivery and line rating, and aesthetic benefits. See Attachment 2 for the options analyzed within Route A, which is described below. The alignment outside of the northern segment (south of Agnew) is summarized further below and will not change based on the selection of Option 1 or 2.
Northern Segment (NRS to Agnew)
Option 1 - Overhead
Under Option 1, Route A would be entirely overhead and generally consists of nine (9) new poles with foundations spaced approximately every 350 feet (on average) and located within the right-of- way (median or sidewalks) or easements obtained by SVP. Any installed overhead poles are anticipated to be 90 to 125 feet tall. The poles range in height as the overhead wires cross over other existing transmission lines. The current conceptual cost estimate for this overhead segment is $9.5M which includes City utility relocation but does not include any potential PG&E relocation costs due to pole locations.
Option 2 - Underground
Option 2 includes both overhead and underground transmission lines within the alignment of Route City of Santa Clara Printed on 3/15/2024Page 3 of 7
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24-1614 Agenda Date: 3/19/2024
A. The underground option will include nine 6-inch conduits for electrical and four 2-inch conduits for communications. The underground alignment would also require a portion to be installed overhead between NRS and the Lafayette median as well as two large overhead riser structure poles and two large below grade transmission vaults spaced approximately 100 feet apart near Hope Drive. The current conceptual cost estimate for this underground segment is $19M which includes City utility relocation but does not include PG&E relocation costs.
The evaluation summary for the variance between Option 1 and 2 along the northern segment of Route A is provided below. Additional details including constructability considerations, existing utilities, power delivery and line rating considerations, potential growth, aesthetics, tree removals, maintenance, cost, and schedule are provided in Attachment 3.
Option 1 Overhead Alternative Discussion
Option 1 includes nine (9) poles installed within the median. This option has moderate traffic control issues and potential for lane closures associated with utility relocations. Currently, the potential relocation of existing utilities occurs at three pole locations which could change as design work progresses. Option 1 has several advantages. · The construction schedule is under City control, shorter and is scheduled to meet the anticipated energization date of 2028.
· An overhead transmission line can deliver more power and accommodate future growth with the option for a future underbuilt 60kV or 115kV transmission line. · The alignment will be built for 230kV but energized for 115kV. · Currently, there are no overhead transmission lines in this segment, but the poles would be located in the median and placed to limit tree removals. · Maintenance on an overhead transmission line and outage time is relatively less than an underground line.
· The overall cost of Option 1 is 50% less than Option 2.
Option 2 Underground Alternative Discussion
The most significant concerns regarding Option 2 are the conflicts with existing utilities and schedule. There are total of 25 utilities in the corridor including gas, sewer, storm, water, and electric lines. There are some significant issues including:
· The relocation of approximately 300 feet of two existing transmission natural gas lines (12” SVP and 6” PG&E) to facilitate the installation of two large underground vaults (12’ x 25’). · The underground duct bank, which will cross the majority of existing utilities within Lafayette Street just south of Agnew Road, may not meet the minimum required vertical pipe clearances. If vertical clearances cannot be met, the duct bank would dive below the existing sanitary sewer line, which is ~12’ deep creating a significant excavation and major disturbance in Lafayette. Likely the transmission line would need to be approximately 20’ deep.
· The relocation of the high-pressure gas line of the Donald Von Raesfeld Power Plant (DVR) would cause significant schedule constraints. It would require a full shutdown of DVR which can only occur during very limited periods.
· The relocation of a PG&E gas transmission line would also have undetermined, but likely City of Santa Clara Printed on 3/15/2024Page 4 of 7
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24-1614 Agenda Date: 3/19/2024
significant, impact on project delivery. Likely, the New 115kV Transmission Line will not meet the anticipated energization date in the first quarter of 2028. · Option 2 will only deliver up to 83% of the power of Option 1 at 115kV due to heat dissipation requirements. The power delivery amount further declines at the 230kV level to
79.9%. This will limit future load growth.
· Option 2 does not allow for additional transmission lines within the duct bank. If, after the construction of the New 115kV Transmission Line, additional capacity is required, a new trench or overhead alignment would need to be constructed. · This option would involve more lengthy traffic control and lane closures and could involve the complete shutdown of portions of Lafayette Street.
· Includes two (2) riser poles where the conductor transitions from overhead to underground.
These riser poles typically have a larger visual impact than a typical overhead transmission pole (see Attachment 4 for typical pole types).
South of Agnew Segment
In the Route A alignment south of Agnew Road segment, there are existing 60kV transmission lines present on both the east side of Lafayette Street and the west side of Bassett Street. The alignment south of Agnew Road will be an overhead alignment. From Agnew Road to Montague Expressway, the alignment would shift from the median to the east side of Lafayette Street replacing one of the existing 60kV transmission lines to accommodate the new 115kV transmission line. Just north of Montague Expressway, the alignment would transition into Bassett Street. This portion would replace the existing 60kV transmission line on Bassett Street to facilitate the construction of the New 115kV Transmission Line. Between Norman Avenue and Bayshore Freeway, there are currently no transmission lines for approximately half a mile. At this portion all new overhead transmission lines will be installed. For the final 980 feet from just north of Bayshore to KRS, an existing 60kV transmission line will be replaced to facilitate the construction of the New 115kV Transmission Line.
At locations where transmission lines are being rebuilt, a future underbuilt alignment is not feasible; however, the 115kV conductor will be constructed to facilitate future use at 230kV. A new alignment would need to be evaluated at a later date for future growth on the 60kV system. The current conceptual cost estimate for this overhead segment is $26.5M.
Summary
The SVP evaluation team consisted of SVP staff, engineering consultants for the design and environmental work, and program management staff for the System Expansion Program. The SVP evaluation team conducted a comprehensive analysis and evaluation, employing various methodologies such as potholing and GPR surveys. This in-depth assessment took into consideration SVP’s load growth and system planning projections, schedule, cost estimation, required easements and permits, and engineering judgment. The goal was to determine feasible route alignments, identify a preferred route, and explore potential overhead and underground options within the preferred route.
The findings favored Option 1 (the overhead option) for the following reasons:
· Ability to meet schedule.
· Flexibility in power delivery.
· Ability to accommodate future growth.
City of Santa Clara Printed on 3/15/2024Page 5 of 7
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24-1614 Agenda Date: 3/19/2024
· Ease of maintaining the system.
· Reduces construction disruption to the public.
· Total cost (including southern segment): $36M.
In contrast, Option 2 (the underground option), while it could be technically feasible, presents challenges such as:
· Relying on external agencies for utility relocation and faces an undetermined and extended timeline for DVR high-pressure gas line and PG&E transmission gas line relocation. · Reduced transmission capacity (compared to Option 1). · Lack of provisions for future growth.
· Extended construction timelines with extended lane closures and traffic control. · Inability to meet the anticipated energization date for the New 115 kV Transmission Line. · Total cost (including southern segment): $45.5M.
Recognizing the urgency to support SVP’s load growth and forecast, the New 115 kV Transmission Line is crucial, aiming for operational readiness by early 2028 to align with LS Power’s transmission line interconnection. Based on the analysis and evaluation completed to date, staff will be recommending Option 1 for a complete overhead alignment along Route A. However, Council will make the final determination when staff returns for consideration in Fall 2024.
ENVIRONMENTAL REVIEW
This item does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15060(c)(1) as it does not involve the exercise of discretionary powers by the City Council.
A CEQA determination will be made later (likely, fall 2024) when the City Council makes a final determination regarding the route and options.
FISCAL IMPACT
There is no fiscal impact associated with this item other than administrative staff time.
COORDINATION
This report has been coordinated with the City Manager’s Office 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 protected] <mailto:[email protected]> .
RECOMMENDATION
Note and file the informational report on the route analysis for the New 115kV Transmission Line from Northern Receiving Station to Kifer Receiving Station.
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jovan D. Grogan, City Manager
City of Santa Clara Printed on 3/15/2024Page 6 of 7
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24-1614 Agenda Date: 3/19/2024
ATTACHMENTS
1. Attachment 1 - Routes Overview
2. Attachment 2 - Route A Map Options 1 and 2
3. Attachment 3 - Option 1 and 2 Route Details
4. Attachment 4 - Typical Pole Types - Transmission and Riser
5. Attachment 5 - List of Potential Utility Conflicts - Underground Alignment City of Santa Clara Printed on 3/15/2024Page 7 of 7
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RTC # 24-1614
ATTACHMENT 1
ROUTES OVERVIEW
")S
")S
£¤101
Gua
dalupe River
San
Tomas
Aqui
nas
Creek
SCOTT TODUANE 115 kV
NORMAN AVENUE
TO PALM 60 kV
PALM TO NORMAN
AVENUE 60 kV
AGNEW TO NORTH
RECEIVING STATION 60 kV
JULIETTE TO
CENTRAL 60 kV
NORMAN AVENUE
TO KIFER 60 kV
NORTHWESTERN TO
KENNETH 60 kV
CENTRAL TO
RAYMOND 60 kV
HOMESTEAD TOKENNETH 60 kV
TRIMBLE TO AGNEW 115 kV
KIFER TO NEWARK 115 kV
KIFER RECEIVING
STATION
NORTH RECEIVING
STATION
Seg B-4
Seg C-1
Seg B-5
Seg C-3
Seg A-4
Seg B-2
Seg A-2
Seg C-3
Seg C-2
Seg B-1
Seg A-1
Seg B-5
Seg A-3
Seg B-3
Seg C-4
Montague Expy
de la Cruz Blvd
Laf
ay
ette
St
de la Cruz Blvd
Mission College Blvd
San
Tom
as Expy
Lick Mill Blvd
Montague Expy
Lafayette St
Central Expy
Agnew Rd
Bayshore Freeway
Bassett St
Duane Ave Geo
rg
e St
Comstock St
Union Pacific Railroad
California
Alameda
County
Santa Clara
County
Santa Cruz
County
San Mateo
County
[\^680
[\^280
[\^880
Redwood City
San Jose
San Francisco
Bay
Source: ECI, SVP, USGS, NHD, HIFLD, US Census Bureau, USDOT, CADPR, CA_GIS; Aerial Source: Sanborn Map Company, Maxar Path: N:\Shared\01 ECI\Silicon Valley Power\02 Projects\SVP-039 NRS-KRS 115kV Project\2300 Environmental\2311 GIS\2322 MXD\SVP_NRS_KRS\SVP_NRS_KRS.aprx Silicon Valley Power
NRS to KRS
115 kV T
ransmission Line
City of Santa Clara
Santa Clara County, CA
Overview
“Engineering with Distinction”
ELECTRICAL CONSULTANTS, INC.
")S Existing Substation
")S New Substation
Route A
Route B
Route C
Route A Segment Division
Route B Segment Division
Route C Segment Division
Existing Transmission Line
60 kV
115 kV
0 1,000 2,000
Feet
¯
Project Location
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VALLEY
POWER
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RTC # 24-1614
ATTACHMENT 2
ROUTE A OPTION 1 & 2
")S
")S
")S
£¤101
Gua
dalupe River
San
Tomas
Aqui
nas
Creek
SCOTT TODUANE 115 kV
NORMAN AVENUE
TO PALM 60 kV
PALM TO NORMAN
AVENUE 60 kV
AGNEW TO NORTH
RECEIVING STATION 60 kV
JULIETTE TO
CENTRAL 60 kV
NORMAN AVENUE
TO KIFER 60 kV
NORTHWESTERN TO
KENNETH 60 kV
CENTRAL TO
RAYMOND 60 kV
TRIMBLE TO AGNEW 115 kV
KIFER TO NEWARK 115 kV
KIFER RECEIVING
STATION
NORTH RECEIVING
STATION
PALM SUBSTATION
Montague Expy
de la Cruz Blvd
Laf
ay
ette
St
Tasman Dr
de la Cruz Blvd
Mission College Blvd
San
Tom
as Expy
Lick Mill Blvd
Montague Expy
Lafayette St
Central Expy
Agnew Rd
Bayshore Freeway
Bassett St
Duane Ave Geo
rg
e St
Comstock St
Union Pacific Railroad
California
Alameda
County
Santa Clara
County
Santa Cruz
County
San Mateo
County
[\^680
[\^280
[\^880
Redwood City
San Jose
San Francisco
Bay
Source: ECI, SVP, USGS, NHD, HIFLD, US Census Bureau, USDOT, CADPR, CA_GIS, CA Energy Commission; Aerial Source: Sanborn Map Company, Maxar Path: N:\Shared\01 ECI\Silicon Valley Power\02 Projects\SVP-039 NRS-KRS 115kV Project\2300 Environmental\2311 GIS\2322 MXD\SVP_NRS_KRS\SVP_NRS_KRS.aprx Silicon Valley Power
NRS to KRS
115 kV T
ransmission Line
City of Santa Clara
Santa Clara County, CA
Preferred Route
Option 1
“Engineering with Distinction”
ELECTRICAL CONSULTANTS, INC.
")S Existing Substation
")S New Substation
Deadend Pole <120 ft
Tangent Pole <120 ft
Deadend Pole 120+ ft
Tangent Pole 120+ ft
Proposed Transmission Line
New Transmission Line
Double Circuit existing 60kV w/ New 115kV (same poles)
Existing Transmission Line
60 kV
115 kV
Easement Needed
0 1,000 2,000
Feet
¯
Project Location
ATTACHMENT 2 - OPTION 1
(ALL OVERHEAD)
--□
0 Siu o,
VALLEY
POWER □
0 ,YO,\.AJff/lOAl,<i
1111
")S
")S
")S
£¤101
Gua
dalupe River
San
Tomas
Aqui
nas
Creek
SCOTT TODUANE 115 kV
NORMAN AVENUE
TO PALM 60 kV
PALM TO NORMAN
AVENUE 60 kV
AGNEW TO NORTH
RECEIVING STATION 60 kV
JULIETTE TO
CENTRAL 60 kV
NORMAN AVENUE
TO KIFER 60 kV
NORTHWESTERN TO
KENNETH 60 kV
CENTRAL TO
RAYMOND 60 kV
TRIMBLE TO AGNEW 115 kV
KIFER TO NEWARK 115 kV
Montague Expy
de la Cruz Blvd
Laf
ay
ette
St
Tasman Dr
de la Cruz Blvd
Mission College Blvd
San
Tom
as Expy
Lick Mill Blvd
Montague Expy
Lafayette St
Central Expy
Agnew Rd
Bayshore Freeway
Bassett St
Duane Ave Geo
rg
e St
Comstock St
Union Pacific Railroad
KIFER RECEIVING
STATION
NORTH RECEIVING
STATION
PALM SUBSTATION
California
Alameda
County
Santa Clara
County
Santa Cruz
County
San Mateo
County
[\^680
[\^280
[\^880
Redwood City
San Jose
San Francisco
Bay
Source: ECI, SVP, USGS, NHD, HIFLD, US Census Bureau, USDOT, CADPR, CA_GIS, CA Energy Commission; Aerial Source: Sanborn Map Company, Maxar Path: N:\Shared\01 ECI\Silicon Valley Power\02 Projects\SVP-039 NRS-KRS 115kV Project\2300 Environmental\2311 GIS\2322 MXD\SVP_NRS_KRS\SVP_NRS_KRS.aprx Silicon Valley Power
NRS to KRS
115 kV T
ransmission Line
City of Santa Clara
Santa Clara County, CA
Preferred Route
Option 2
“Engineering with Distinction”
ELECTRICAL CONSULTANTS, INC.
")S Existing Substation
")S New Substation
Deadend Pole <120 ft
Tangent Pole <120 ft
Deadend Pole 120+ ft
Tangent Pole 120+ ft
Riser Pole <120 ft
Proposed Transmission Line
Overhead Transmission Line
Double Circuit existing 60kV w/ New 115kV (same poles)
Underground Transmission Line
Existing Transmission Line
60 kV
115 kV
Easement Needed
0 1,000 2,000
Feet
¯
Project Location
ATTACHMENT 2 - OPTION 2
(OVERHEAD & UNDERGROUND)
-□
-0
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VALLEY □
0 POWER
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RTC # 24-1614
ATTACHMENT 3
OPTION 1 & 2 ROUTE DETAILS
Attachment 3
The following lists summarize the key items associated with the overhead and underground options (Option 1 and 2, respectively) for the northern Lafayette Street segment from NRS to Agnew Road.
Option 1 - Overhead Alternative along Northern Lafayette Street Segment • C onstructability considerations:
o Segment includes 9 poles installed in the median.
o Consistent with typical City residential design standards and installations. o Moderate traffic control and potential lane closures for required utility relocations outside of the median.
o Isolated excavation and pole installation within the median. • E
xisting utilities:
o Depending on the exact location of the poles in this segment, we anticipate the need for minimal existing underground utility relocations at three locations. Utility relocation work would need to be completed prior to the anticipated construction start in Q4 2026. With Lafayette Street currently under a pavement moratorium through December 2025, the Project would have approximately 9 months to complete this work.
o Potential Relocations of Existing Utilities:
PG&E-owned natural gas transmission lines – One Location Sanitary Sewer – One Location
Water line – Two Locations
• P
ower delivery and line rating considerations:
o The overhead transmission line option can deliver more power due to better heat dissipation than the underground alternative. Overhead systems can be designed to satisfy any current rating requirements by changing variables such as conductor type, structure/pole height, etc. • P
otential growth:
o New pole locations will be able to accommodate a future underbuilt 60kV transmission line.
o Poles will be designed to accommodate voltages of 230kV but energized for 115kV.
o Future upgrades in voltage would allow for more power transfer through this section of the Lafayette corridor without major additional capital investment or disruptions.
• A
esthetic considerations:
o No overhead transmission lines currently exist along this segment. o New overhead transmission line installed in the median of Lafayette Street (representative of typical steel poles in SVP’s system, Attachment 4). • T
ree removals:
o None are anticipated at this time however as design progresses, there may be a need for tree removal. If that is considered, trees will be replaced at a 2:1 ratio. Location and species will be determined with the City arborist. • Additional Maintenance considerations:
o Restoration time for an overhead transmission line is shorter and requires less resources than an underground line.
o With poles being placed in the median, the risk for car strikes to poles is present.
o If significant damage occurs to an overhead pole, SVP can perform emergency work to restore service in a matter of hours. • E stimated construction cost:
o $ 36M
North of Agnew Road: $9.5M (overhead)
• Includes potential City utility relocation: $0.25M
South of Agnew Road: $26.5M (overhead – consistent with Option 2, includes easement costs)
o Does not include PG&E costs.
• E stimated duration/schedule:
o Anticipated Energization Q1 2028 (dependent on completion of utility relocation work).
Option 2 - Underground Alternative along Northern Lafayette Street Segment • C
onstructability considerations:
o Relocation of ~300 feet of two existing transmission natural gas lines (owned by SVP and PG&E) would be necessary to facilitate the installation of two underground vaults, each measuring 12’ by 25’, which are required to facilitate pulling and splicing of the underground conductor near Hope Drive.
These vaults would require the relocation of:
SVP natural gas line that supplies Donald Von Raesfeld (DVR) Power Plant. This work would have to be coordinated to occur during off-peak times of the year, November through March.
PG&E natural gas line is a transmission line. It is unknown the timing that PG&E could take on the relocation of this alignment including design and construction. The impacts to the overall schedule are unknown.
o Potential violations of the minimum vertical pipe clearances between utilities are anticipated at the duct bank crossing Lafayette south of Agnew Road.
This involves traversing the majority of existing utilities within Lafayette. This utility crossing will need to be reviewed in more detail. If the minimum clearances are not met, an alternative option involves installing the duct bank below the existing sanitary sewer pipe which is ~12 feet below grade.
This excavation could be up to 20 feet deep and duct bank installation would be a major disturbance to traffic with prolonged construction time frames.
o Extended traffic control on the southbound lanes along the entire alignment on Lafayette Street which could involve completely shutting down portions of Lafayette Street.
o Prolonged excavation and shoring along entire alignment.
• Existing utilities:
o Multiple utility relocation and crossing will be required. Utility relocation work would need to be completed prior to the anticipated construction start in Q4 2026. With Lafayette Street currently under a pavement moratorium through December 2025, the Project would have approximately 9 months to complete all of the necessary utility relocations.
o The Project would have an even shorter window of 3 months from January 2026 to March 2026 to complete the work for the 300’ high pressured gas line relocation for DVR due to operational constraints which the Project team believes to be an infeasible schedule.
o Required Crossings of Existing Utilities
Communication line – Three Locations
Electric line – Five Locations
PG&E-owned natural gas line – Four Locations, including PG&E gas transmission lines
SVP-owned natural gas line – Two Locations
Sanitary Sewer – Four Locations
Storm Drain – One Location
Water line – Three Locations
o Required Relocations of Existing Utilities
PG&E-owned natural gas line – One Location (~300 feet) SVP-owned natural gas line – One Location (~300 feet) o Attachment 5 provides a table of the potential underground utility crossings and relocations associated with the alternative underground route. • P
ower delivery and line rating considerations:
o The underground transmission line option is anticipated to be able to deliver only about 83% of the power that the overhead option would be able to provide at 115kV. This value drops to 79.9% at 230kV.
o The cable and configuration proposed is at the maximum size for solid dielectric cable in the industry. If any additional capacity is required, a gas insulated transmission line would be required which adds significant complexity and costs to the Project.
• P
otential growth:
o The underground option will be designed to accommodate voltages of 230kV but energized for 115kV.
o Future upgrades in voltage would allow for more power transfer through this section of the Lafayette corridor without major additional capital investment or disruptions at 79.9% of the capacity as the overhead alternative. o Any future 60kV lines in this corridor would necessitate a new alignment and trench, leading to additional disturbances and costs at a later date. A new alignment with separation from the existing trench would be required to accommodate the necessary heat dissipation emitted from the multiple sets of cable at the different voltage levels and may not be feasible due to the number of existing utilities and minimum vertical and horizontal clearances required.
• Aesthetic considerations:
o A portion of this alignment will still be overhead from inside NRS to the median of Lafayette.
o Two overhead transmission riser poles on either end of the underground segment are required to transition from overhead to underground. These riser poles typically have a larger visual impact than a typical overhead transmission pole as the conductor material transitions from bare overhead conductor to an insulated underground cable including additional hardware required for a riser pole that are not found on typical overhead poles (terminators, arrestors, and conductor shrouds). This hardware would also require additional structural appurtenances (see Attachment 4 for representation of a typical riser pole).
• T
ree removals:
o None are anticipated at this time however as design progresses, there may be a need for tree removal. If that is considered, trees will be replaced at a 2:1 ratio. Location and species will be determined with the City arborist. • A
dditional Maintenance considerations:
o Restoration time for an underground transmission line will be significantly longer and require more resources than for a comparable overhead transmission line.
o If significant damage occurs to an underground riser pole, the work required to splice new cable and bring the line back into service could take days to complete.
o Future access to the underground vaults for cable pulling would require a lane closure.
• E
stimated construction cost:
o $ 45.5M
North of Agnew Road: $19M (underground)
• Includes potential City utility relocation: $0.5M
S outh of Agnew Road: $26.5M (overhead – consistent with Option 1, includes easement costs)
o Does not include PG&E costs.
• E stimated duration/schedule:
o Unknown.
o This option requires extensive relocation of a PG&E gas transmission line which will not meet the Q1 2028 time frame.
o The relocation of the DVR gas line is also limited to a 3 month schedule which the Project team believes to be infeasible.
o The Project is required to be complete in early 2028 to support the interconnection with LS Powers transmission line.
RTC # 24-1614
ATTACHMENT 4
TYPICAL POLE TYPES
Tasman Dr
California
Alameda
County
Santa Clara
County
Santa Cruz
County
San Mateo
County
[\^680
[\^280
[\^880
Redwood City
San Jose
San Francisco
Bay
Silicon Valley Power
NRS to KRS
115 kV T
ransmission Line
City of Santa Clara
Santa Clara County, CA
Riser Structure
“Engineering with Distinction”
ELECTRICAL CONSULTANTS, INC.
Project Location
OVERHEAD SHIELD WIRE
OVERHEAD CONDUCTOR
(TWO SUB-CONDUCTORS
PER PHASE)
ARRESTOR
(ELECTRICAL PROTECTION
FOR UNDERGROUND CABLE)
TERMINATOR
(TRANSITION BETWEEN
OVERHEAD BARE CONDUCTOR
TO UNDERGROUND CABLE)
UNDERGROUND CABLE
(TWO CABLES PER PHASE)
CABLE SHROUD
(PHYSICAL PROTECTION FOR
EXPOSED UNDERGROUND CABLE)
VARIOUS SUPPORT HARDWARE
(ARMS AND CABLE CLAMPS TO
SECURE CABLES AGAINST
MOVEMENT DURING OPERATION)
CONCRETE FOUNDATION
(SUPPORT FOR STRUCTURE AND
ENTRANCE OF CABLES INTO
UNDERGROUND DUCTBANK)
DEADEND/STRAIN INSULATORS
(INSULATED ATTACHMENT
POINT FOR OVERHEAD
CONDUCTOR TO STRUCTURE)
RISER STRUCTURE
LOCATION
SOUTHBAY FWY
N FIRST ST
NORTECH PKWY
ATTACHMENT 4 - TYPICAL POLE TYPES
230 kV RISER POLE
s,u Q ,',
VALLEY
POWER
,,.o,V,"'1,\Q ........
FCGJO~
Tasman Dr
California
Alameda
County
Santa Clara
County
Santa Cruz
County
San Mateo
County
[\^680
[\^280
[\^880
Redwood City
San Jose
San Francisco
Bay
Silicon Valley Power
NRS to KRS
115 kV T
ransmission Line
City of Santa Clara
Santa Clara County, CA
“Engineering with Distinction”
ELECTRICAL CONSULTANTS, INC.
Project Location
OVERHEAD SHIELD WIRE
OVERHEAD CONDUCTOR
(TWO SUB-CONDUCTORS PER PHASE)
CONCRETE FOUNDATION
(CONCRETE FOUNDATIONS ARE TYPICALLY ONLY SPECIFIED
AT DEADEND STRUCTURES UNLESS THERE ARE MITIGATING
FACTORS REQUIRING THEM AT TANGENT STRUCTURES)
BRACED POST INSULATOR
(INSULATED ATTACHMENT POINT FOR OVERHEAD
CONDUCTOR SUPPORT AT TANGENT STRUCTURES)
DEADEND STRUCTURE
LOCATION
SOUTHBAY FWY
N FIRST ST
NORTECH PKWY
ATTACHMENT 4 - TYPICAL POLE TYPES
230 kV TANGENT AND DEADEND POLES
DEADEND/STRAIN INSULATORS
(INSULATED ATTACHMENT POINT FOR OVERHEAD
CONDUCTOR TO DEADEND STRUCTURES)
TANGENT STRUCTURE
LOCATIONS
Tangent and Deadend Structures
FCGJO~
RTC # 24-1614
ATTACHMENT 5
LIST OF POTENTIAL UTILITY
CONFLICTS
Attachment 5
The table below provides a list of the potential utility crossings and relocations associated with Option 2, the alternative underground route along the Northern Segment.
Utility
Conflict # Existing Utility Quantity/Size Approximate Location Along Lafayette ST.
1 Electric Ductbank with five 5” conduits
and one 4” conduit South of Agnew Rd.
2 Communication
Unknown * typically one or
more pipes, each ranging from
1” to 4”
South of Agnew Rd.
3 Communication
Unknown * typically one or
more pipes, each ranging from
1” to 4”
South of Agnew Rd.
4 Natural Gas (PG&E) 12” South of Agnew Rd.
5 Sanitary Sewer 30” South of Agnew Rd.
6 Natural Gas (PG&E) 6” South of Agnew Rd.
7 Water 12” South of Agnew Rd.
8 Natural Gas (SVP) 12” South of Agnew Rd.
9 Electric Ductbank with five 5” conduits
and one 4” conduit South of Agnew Rd.
10 Electric Ductbank with four 5” conduits
and one 4” conduit North of Agnew Rd.
11 Communication 4” North of Agnew Rd.
12 Natural Gas (PG&E) 6”-24” * Between Hope Dr. and Agnew Rd. 13 Sanitary Sewer 8” Between Hope Dr. and Agnew Rd.
14 Storm Drain 15” South of Hope Dr.
15 Water 12” Intersection of Hope Dr.
16 Natural Gas (SVP) 12” Between Eisenhower Dr. and Hope Dr.
17 Natural Gas - Transmission
(PG&E) 6”-24” * Between Eisenhower Dr. and Hope
Dr.
18 Electric 1.5” Streetlight conduit * South of Eisenhower Dr. 19 Electric 1.5” Streetlight conduit * Intersection of Eisenhower Dr. 20 Sanitary Sewer 21” North of Eisenhower Dr.
21 Electric 1.5” Streetlight conduit * North of Hogan Dr. 22 Sanitary Sewer 15” Between Fairway Glen Dr. and Hogan Dr.
23 Natural Gas (PG&E) 24” * Between Fairway Glen Dr. and Hogan Dr.
24 Water 8” Between Fairway Glen Dr. and Hogan
Dr.
25 Natural Gas (SVP) 12” South of Fairway Glen Dr.
* Utility size is estimated, accurate record information is unavailable.
FINAL
MITIGATED NEGATIVE DECLARATION
AND SUPPORTING INITIAL STUDY
NRS-KRS 115 kV Transmission Line Project
ADMINISTRATIVE DRAFT MND/IS
September 2024
Lead Agency Project Sponsor Technical Assistance
Silicon Valley Power
SILICON
VALLEY
POWER.
CITY OF SANTA CLARA
~tJnam
environmental group
FINAL
MITIGATED NEGATIVE DECLARATION
AND SUPPORTING INITIAL STUDY
FOR
SILICON VALLEY POWER’S
NRS-KRS 115 KV TRANSMISSION LINE PROJECT
LEAD AGENCY:
CITY OF SANTA CLARA
1500 WARBURTON AVENUE
SANTA CLARA, CA 95050
PROJECT SPONSOR:
SILICON VALLEY POWER
881 MARTIN AVENUE
SANTA CLARA, CA 95050
TECHNICAL ASSISTANCE:
ASPEN ENVIRONMENTAL GROUP
235 MONTGOMERY STREET, SUITE 640
SAN FRANCISCO, CA 94104
SEPTEMBER 2024
NRS-KRS 115 KV TRANSMISSION LINE PROJECT CONTENTS
SEPTEMBER 2024 i ADMINISTRATIVE DRAFT MND/IS
CONTENTS
1. Mitigated Negative Declaration .................................................................................... 1-1
1.1. Project Information ................................................................................................................ 1-1
1.2. Introduction ........................................................................................................................... 1-1
1.3. Project Description ................................................................................................................. 1-2
1.4. Environmental Determination ............................................................................................... 1-2
1.5. Mitigation Measures .............................................................................................................. 1-2
2. Environmental Determination ...................................................................................... 2-1
2.1. Environmental Factors Potentially Affected .......................................................................... 2-1
2.2. Environmental Determination ............................................................................................... 2-1
3. Introduction to the Initial Study .................................................................................... 3-1
3.1. Proposed Project Overview .................................................................................................... 3-1
3.2. Environmental Process ........................................................................................................... 3-1
3.2.1. CEQA Process ........................................................................................................... 3-1
3.2.2. CEQA Lead Agency ................................................................................................... 3-1
3.2.3. Initial Study .............................................................................................................. 3-1
4. Project Description ....................................................................................................... 4-1
4.1. Project Title ............................................................................................................................ 4-1
4.2. Lead Agency Name and Address ............................................................................................ 4-1
4.3. Lead Agency Contact Person and Phone Number ................................................................. 4-1
4.4. Project Location ..................................................................................................................... 4-1
4.5. Project Sponsor’s Name and Address .................................................................................... 4-1
4.6. General Plan Designation ....................................................................................................... 4-1
4.7. Zoning 4-2
4.8. Surrounding Land Uses and Setting ....................................................................................... 4-2
4.9. Project Overview .................................................................................................................... 4-2
4.9. 1. Overhead and Underground Options ...................................................................... 4-2
4.10. Project Objectives .................................................................................................................. 4-3
4.11. Project Components............................................................................................................... 4-3
4.11.1. 115 kV Transmission Line ........................................................................................ 4-3
4.11.2. Replacement of Existing Distribution and Telecommunication Lines ..................... 4-4
4.11.3. Substation Modifications ......................................................................................... 4-4
4.12. Project Construction Activities ............................................................................................... 4-8
4.12.1. Staging Areas ........................................................................................................... 4-8
4.12.2. Work Areas .............................................................................................................. 4-8
4.12.3. Construction Access ................................................................................................. 4-9
4.12.4. Overhead 115 kV Transmission Line Construction ................................................ 4-10
4.12.5. Underground 115 kV Transmission Line Construction .......................................... 4-12
4.12.6. Water Use .............................................................................................................. 4-15
4.12.7. Construction Workforce and Equipment ............................................................... 4-16
4.12.8. Construction Traffic and Circulation ...................................................................... 4-17 NRS-KRS 115 KV TRANSMISSION LINE PROJECT CONTENTS
SEPTEMBER 2024 ii ADMINISTRATIVE DRAFT MND/IS
4.12.9. Vegetation Clearance ............................................................................................ 4-17
4.12.10. Erosion and Sediment Control and Pollution Prevention ...................................... 4-17
4.12.11. Cleanup and Post Construction Restoration.......................................................... 4-18
4.12.12. Construction Schedule ........................................................................................... 4-18
4.13. Operations and Maintenance .............................................................................................. 4-18
4.14. Other Permits and Approvals ............................................................................................... 4-18
4.15. Electric and Magnetic Fields Summary ................................................................................ 4-19
4.15.1. Electric and Magnetic Fields .................................................................................. 4-19
4.15.2. EMF in the Proposed Project Area ......................................................................... 4-20
4.16. Alternatives .......................................................................................................................... 4-22
5. Environmental Analysis ................................................................................................. 5-1
5.1. Aesthetics ............................................................................................................................ 5.1-1
5.1.1. Setting ................................................................................................................... 5.1-1
5.1.2. Environmental Impacts and Mitigation Measures ............................................... 5.1-9
5.2. Agriculture and Forestry Resources .................................................................................... 5.2-1
5.2.1. Setting ................................................................................................................... 5.2-1
5.2.2. Environmental Impacts and Mitigation Measures ............................................... 5.2-2
5.3. Air Quality ........................................................................................................................... 5.3-1
5.3.1. Setting ................................................................................................................... 5.3-1
5.3.2. Environmental Impacts and Mitigation Measures ............................................... 5.3-3
5.4. Biological Resources ............................................................................................................ 5.4-1
5.4.1. Setting ................................................................................................................... 5.4-1
5.4.2. Environmental Impacts and Mitigation Measures ............................................... 5.4-8
5.5. Cultural Resources .............................................................................................................. 5.5-1
5.5.1. Setting ................................................................................................................... 5.5-1
5.5. 2. Environmental Impacts and Mitigation Measures ............................................... 5.5-8
5.6. Energy 5.6-1
5.6.1. Setting ................................................................................................................... 5.6-1
5.6.2. Environmental Impacts and Mitigation Measures ............................................... 5.6-2
5.7. Geology and Soils ................................................................................................................ 5.7-1
5.7.1. Setting ................................................................................................................... 5.7-1
5.7.2. Environmental Impacts and Mitigation Measures ............................................... 5.7-9
5.8. Greenhouse Gas Emissions ................................................................................................. 5.8-1
5.8.1. Setting ................................................................................................................... 5.8-1
5.8.2. Environmental Impacts and Mitigation Measures ............................................... 5.8-3
5.9. Hazards and Hazardous Materials ...................................................................................... 5.9-1
5.9.1. Setting ................................................................................................................... 5.9-1
5.9.2. Environmental Impacts and Mitigation Measures ............................................. 5.9-10
5.10. Hydrology and Water Quality ........................................................................................... 5.10-1 NRS-KRS 115 KV TRANSMISSION LINE PROJECT CONTENTS
SEPTEMBER 2024 iii ADMINISTRATIVE DRAFT MND/IS
5.10.1. Setting ................................................................................................................. 5.10-1
5.10.2. Environmental Impacts and Mitigation Measures ............................................. 5.10-4
5.11. Land Use and Planning ...................................................................................................... 5.11-1
5.11.1. Setting ................................................................................................................. 5.11-1
5.11.2. Environmental Impacts and Mitigation Measures ............................................. 5.11-2
5.12. Mineral Resources ............................................................................................................. 5.12-1
5.12.1. Setting ................................................................................................................. 5.12-1
5.12.2. Environmental Impacts and Mitigation Measures ............................................. 5.12-2
5.13. Noise 5.13-1
5.13.1. Setting ................................................................................................................. 5.13-1
5.13.2. Regulatory Background ...................................................................................... 5.13-2
5.13.3. Environmental Impacts and Mitigation Measures ............................................. 5.13-3
5.14. Population and Housing .................................................................................................... 5.14-1
5.14.1. Setting ................................................................................................................. 5.14-1
5.14.2. Environmental Impacts and Mitigation Measures ............................................. 5.14-2
5.15. Public Services ................................................................................................................... 5.15-1
5.15.1. Setting ................................................................................................................. 5.15-1
5.15.2. Environmental Impacts and Mitigation Measures ............................................. 5.15-3
5.16. Recreation ......................................................................................................................... 5.16-1
5.16.1. Setting ................................................................................................................. 5.16-1
5.16.2. Environmental Impacts and Mitigation Measures ............................................. 5.16-2
5.17. Transportation .................................................................................................................. 5.17-1
5.17.1. Setting ................................................................................................................. 5.17-1
5.17.2. Environmental Impacts and Mitigation Measures ............................................. 5.17-4
5.18. Tribal Cultural Resources .................................................................................................. 5.18-1
5.18. 1. Setting ................................................................................................................. 5.18-1
5.18.2. Environmental Impacts and Mitigation Measures ............................................. 5.18-4
5.19. Utilities and Service Systems ............................................................................................. 5.19-1
5.19.1. Setting ................................................................................................................. 5.19-1
5.19.2. Environmental Impacts and Mitigation Measures ............................................. 5.19-4
5.20. Wildfire 5.20-1
5.20.1. Setting ................................................................................................................. 5.20-1
5.20.2. Environmental Impacts and Mitigation Measures ............................................. 5.20-2
5.21. Corona and Induced Current Effects ................................................................................. 5.21-1
5.21.1. Environmental Setting ........................................................................................ 5.21-1
5.21.2. Environmental Impacts and Assessment ............................................................ 5.21-1
5.22. Mandatory Findings of Significance .................................................................................. 5.22-1
6. Mitigation Monitoring Plan ........................................................................................... 6-1 NRS-KRS 115 KV TRANSMISSION LINE PROJECT CONTENTS
SEPTEMBER 2024 iv ADMINISTRATIVE DRAFT MND/IS
7. Response to Comments ................................................................................................ 7-1
7.1. Introduction to Comments and Responses Section ............................................................... 7-1
7.2. Summary of Comments Received .......................................................................................... 7-1
7.3. General Responses to Common Comments .......................................................................... 7-3
7.3.1. General Response #1 – Human Health and Scope of CEQA .................................... 7-3
7.3.2. General Response #2 – EMF .................................................................................... 7-4
7.3.3. General Response #3 – Corona and Induced Currents ............................................ 7-7
7.3.4. General Response #4 – Property Values and Cost .................................................. 7-7
7.3.5. General Response #5 – Aesthetics ........................................................................... 7-7
7.3.6. General Response #6 – Noise ................................................................................ 7-10
7.3.7. General Response #7 – Hazards ............................................................................ 7-10
7.4. Responses to Comment Set A1 - California Department of Fish and Wildlife (CDFW) ........ 7-10
7.5. Responses to Comment Set A2 - SFPUC Water Enterprise .................................................. 7-16
7.6. Responses to Comment Set A3 - San Jose International Airport ......................................... 7-16
7.7. Responses to Comment Set A4 - California Department of Transportation (Caltrans) ....... 7-17
7.8. Responses to Comment Set B1 through B74 ....................................................................... 7-17
TABLES
Table 4-1. Summary of Approximate Pole Metrics ............................................................................ 4-10 Table 4-2. Anticipated Personnel and Equipment Required for Project Construction (based on typical estimates) ......................................................................................................... 4-16 Table 4-3. Permits that May Be Required for the Proposed Project ................................................. 4-18 Table 5.1-1. Visual Impact Significance Criteria ................................................................................. 5.1-10 Table 5.3-1. National and California Ambient Air Quality Standards .................................................. 5.3-1 Table 5.3-2. Attainment Status for San Francisco Bay Area ................................................................ 5.3-2 Table 5.3-3. Maximum Daily Unmitigated Construction Emissions (lbs/day) ..................................... 5.3-4 Tab
le 5.5-1. Cultural Resources Reports Within Project Area ............................................................. 5.5-3 Table 5.6-1. Electricity Consumption for Load Served by SVP (million kWh per year) ........................ 5.6-1 Table 5.7-1. Significant Active and Potentially Active Faults within 50 miles of the Proposed Project .............................................................................................................................. 5.7-5 Table 5.9-1. Known Environmentally Contaminated Sites within 0.25-mile of the proposed Project .............................................................................................................................. 5.9-2 Table 5.13-1. Typical Noise Levels for Individual Construction Equipment ......................................... 5.13-4 Table 5.14-1. Year 2017 Existing Conditions – Population, Housing, and Employment: City of Santa Clara and County of Santa Clara .......................................................................... 5.14-1 Table 5.17-1. Existing Local Roadway Conditions ................................................................................ 5.17-2 Table 5.19-1. Utility Providers ............................................................................................................. 5.19-1 Table 5.19-2 Landfill Capacities .......................................................................................................... 5.19-2 Table 6-1. Mitigation Monitoring Plan ................................................................................................. 6-2 Table 7-1. Comments Received on the Draft IS/MND ......................................................................... 7-1
NRS-KRS 115 KV TRANSMISSION LINE PROJECT CONTENTS
SEPTEMBER 2024 v ADMINISTRATIVE DRAFT MND/IS
FIGURES
Figure 4-1. Project Overview ............................................................................................................... 4-5 Figure 4-2. Typical Pole Types, 230 kV Riser Pole ................................................................................ 4-6 Figure 4-3. Typical Pole Types, 230 kV Tangent and Deadend Poles .................................................. 4-7 Figure 5.1-1. View Near NRS looking North ......................................................................................... 5.1-5 Figure 5.1-2. Wall Separating Residences and Lafayette Street .......................................................... 5.1-6 Figure 5.1-3. Bird’s Eye Illustration of Project Poles on Lafayette Street ............................................ 5.1-7 Figure 5.1-4. View from Bassett Street of Crossing at Montague Expressway ................................... 5.1-8 Figure 5.4-1. Vegetation and Land Cover ............................................................................................ 5.4-3 Figure 7-1. View of Lafayette Street from the east side of the intersection of Lafayette Street and Fairway Glen Drive, looking west ............................................................................... 7-8 Figure 7-2. View of Lafayette Street from the east side of the intersection of Lafayette Street and Hope Drive, looking south .......................................................................................... 7-9 Figure 7-3. View of Lafayette Street from a motorist’s perspective, adjacent to the Mission Gardens community, looking north .................................................................................. 7-9
APPENDICES
Appendix A List of Preparers
Appendix B References
Appendix C Air Quality and Greenhouse Gas Emissions
Appendix D Draft Arborist Report
Appendix E Biological Resources
Appendix F Scoping Report
Appendix G EMF Report
Appendix H Pu blic Comments on Draft IS/MND
NRS-KRS 115 KV TRANSMISSION LINE PROJECT LIST OF ACRONYMS
SEPTEMBER 2024 vi ADMINISTRATIVE DRAFT MND/IS
LIST OF ACRONYMS
ACE Altamont Commuter Express
ADT Average daily traffic
ANSI American National Standards Institute
APLIC Avian Power Line Interaction Committee
ARB Air Resources Board
BAAQMD Bay Area Air Quality Management District
BMPs Best Management Practices
Cal/EPA California Environmental Protection Agency
CAP Climate Action Plan
CARB California Air Resources Board
CBC California Building Code
CCJPA Capitol Corridor Joint Powers Authority
CCR California Code of Regulations
CDFW California Department of Fish and Wildlife
CDOC California Department of Conservation
CEC California Energy Commission
CEQA California Environmental Quality Act
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CESA California Endangered Species Act
CFGC California Fish and Game Code
CFR Code of Federal Regulations
CGS California Geological Survey
CIWMB California Integrated Waste Management Board
CLG Certified Local Government
CNDDB California Natural Diversity Data Base
CNEL Community Noise Equivalent Level
CNPS California Native Plant Society
CO Carbon monoxide
CPRC California Public Resources Code
CPUC California Public Utilities Commission
CRHR California Register of Historical Resources
CRRD Community Risk Reduction Division
CUPA Certified Unified Program Agencies
CVC California Vehicle Code
CWA Clean Water Act
DHS Department of Health Services
DOC Department of Conservation
DPM Diesel particulate matter
DPR Department of Pesticide Regulation
DTSC Department of Toxic Substance Control
DVR Donald Von Raesfeld Power Plant
EAP Energy Action Plan
EIR Environmental Impact Report
EMF Electric and magnetic fields
EOC Emergency Operations Center
EOP Emergency Operations Plan
EPA Environmental Protection Agency
NRS-KRS 115 KV TRANSMISSION LINE PROJECT LIST OF ACRONYMS
SEPTEMBER 2024 vii ADMINISTRATIVE DRAFT MND/IS
FAA Federal Aviation Administration
FAR Federal Aviation Regulations
FEMA Federal Emergency Management Agency
FESA Federal Endangered Species Act
FHSZ Fire Hazard Severity Zone
FMMP Farmland Mapping and Monitoring Program
GHG Greenhouse gas
GO General Order
HFCs Hydrofluorocarbons
HMBP Hazardous Materials Business Plan
HMCD Hazardous Materials Compliance Division
HWCL Hazardous Waste Control Law
IARC International Agency for Research on Cancer
IBC International Building Code
ICC International Code Council
IEEE Institute of Electrical and Electronic Engineers
IRP Integrated Resource Plan
ISA International Society of Arboriculture
IWMB Integrated Waste Management Board
KRS Kifer Receiving Station
LOS Level of service
LUST Leaking underground storage tank
MBTA Migratory Bird Treaty Act
MLD Most likely descendant
MM Mitigation measure
MMRP Mitigation Monitoring and Reporting Program
MND Mitigated Negative Declaration
MOU Memorandum of understanding
MRDS Mineral Resources Data Systems
MRR Mandatory reporting rule
MRZ Mineral resource zone
MSL Mean sea level
NAHC Native American Heritage Commission
NCCP Natural Community Conservation Plan
NCP National Contingency Plan
NESC National Electric Safety Code
NESHAP National Emission Standards for Hazardous Air Pollutants NIMS National Incident Management System
NPDES National Pollutant Discharge and Elimination System NPL National Priorities List
NRHP National Register of Historic Places
NRS Northern Receiving Station
NSH National Seismic Hazard
NWIC California Historical Resources Information System, Northwest Information Center NWI USFWS National Wetlands Inventory
OEHHA Office of Environmental Health Hazard Assessment
OHP Office of Historic Preservation
OHWM Ordinary High Water Mark
OMR Office of Mine Reclamation
NRS-KRS 115 KV TRANSMISSION LINE PROJECT LIST OF ACRONYMS
SEPTEMBER 2024 viii ADMINISTRATIVE DRAFT MND/IS
OSHA Occupational Safety and Health Administration
PFCs Perfluorocarbons
PM10 Particulate matter (less than 10 microns in diameter) PM2.5 Fine particulate matter (less than 2.5 microns in diameter) POU Publicly owned utility
PRC Public Resources Code
PRMP Paleontological Resources Management Plan
PSHM Probabilistic Seismic Hazard Map
RCRA Resource Conservation and Recovery Act of 1976
RMP Risk Management Plan
ROG Reactive organic gases
ROW Ri
ght-of-way
RPI Ra
re plant inventory
RPS Renewables Portfolio Standard
RWF Regional Wastewater Facility
RWQCB Regional Water Quality Control Board
SBWR South Bay Water Recycling
SCCDEH Santa Clara County Department of Environmental Health SCFD Santa Clara Fire Department
SCP Scientific collecting permit
SCPD Santa Clara Police Department
SCVWD Santa Clara Valley Water District
SEMS Standardized Emergency Management System
SGMP Soil and Groundwater Management Plan
SMARA Surface Mining and Reclamation Act of 1975
SMGB State Mining and Geology Board
SRRE Source Reduction Recycling Element
SVP Silicon Valley Power
SWGS Solid Waste Generation Study
SWPPP Storm Water Pollution Prevention Plan
SWRCB State Water Resources Control Board
TACs Toxic air contaminants
TCRs Tribal Cultural Resources
TMDL Total Maximum Daily Load
TPZ Tree Protection Zone
UPRR Union Pacific Railroad
URMP Urban Runoff Management Plan
USACE U.S. Army Corps of Engineers
USFWS U.S. Fish and Wildlife Service
USGS U.S. Geological Survey
UST Underground Storage tank
VHFHSZ Very High Fire Hazard Severity Zones
VMT Vehicle miles traveled
VOC Volatile organic compounds
VTA Valley Transportation Authority
WDRs Waste Discharge Requirements
WEAP Worker environmental awareness program
WHO World Health Organization
NRS-KRS 115 KV TRANSMISSION LINE PROJECT 1. MITIGATED NEGATIVE DECLARATION
SEPTEMBER 2024 1-1 ADMINISTRATIVE DRAFT MND/IS
FINAL
Mitigated Negative Declaration/Initial Study
for
Silicon Valley Power’s
NRS-KRS 115 kV Transmission Line Project
1. MITIGATED NEGATIVE DECLARATION
1.1. Project Information
Project: NRS to KRS 115 kV Transmission Line Project
City of Santa Clara, Santa Clara County, California
Project Sponsor: City of Santa Clara, Silicon Valley Power 881 Martin Avenue
Santa Clara, CA 95050
(408) 615-6600
General Plan: NRS is located on land with the general plan designation of Regional Commercial, and the KRS is on land designated as Light Industrial Zoning: NRS and KRS are located on land zoned as Public or Quasi Public
1.2. Introduction
Pursuant to the California Environmental Quality Act ( CEQA), the City of Santa Clara (City) must prepare an Initial Study (IS) for the Proposed Project to determine if any significant adverse effects on the environment would result from project implementa tion. The IS utilizes the significance criteria outlined in Appendix G of the CEQA Guidelines. If the IS for the project indicates that a significant adverse impact could occur, the City would be required to prepare an Environmental Impact Report.
According to Article 6 (Negative Declaration Process) and Section 15070 (Decision to Prepare a Negative Declaration or Mitigated Negative Declaration) of the CEQA Guidelines, a public agency shall prepare or have prepared a proposed negative declaration or mitigated negative declaration for a project subject to CEQA when:
(a) The initial study shows that there is no substantial evidence, in light of the whole record before the agency, that the project may have a significant effect on the environment, or (b) The initial study identifies potentially significant effects, but:
(1) Revisions in the project plans or proposals made by, or agreed to by the applicant before a pro - posed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence, in light of the whole record before the agency, that the project as revised may have a significant effect on the environment.
Based on the analysis in the Initial Study, it has been determined that all project -related environmental impacts could be reduced to a less than significant level with the incorporation of feasible mitigation NRS-KRS 115 KV TRANSMISSION LINE PROJECT 1. MITIGATED NEGATIVE DECLARATION
SEPTEMBER 2024 1-2 ADMINISTRATIVE DRAFT MND/IS
measures. Therefore, adoption of a Mitigated Negative Declaration (MND) will satisfy the requirements of CEQA. The mitigation measures included in this MND are designed to reduce or eliminate the poten - tially significant environmental impacts described in the Initial Study. Where a measure described in this document has been previously incorporated into the project, either as a specific project design feature or as an Applicant-Proposed Measure, this is noted in the discussion. Mitigation measures are structured in accordance with the criteria in Section 15370 of the CEQA Guidelines.
1.3. Project Description
Silicon Valley Power (SVP) proposes to construct the NRS to KRS 115 kV Transmission Line Project (Project), which would include constructing a new, 2.24 mile long overhead and/or underground 115 Kilovolt (kV) transmission line between two existing facilities, Northern Receiving Station (NRS) and Kifer Receiving Station (KRS), in the City of Santa Clara.
1.4. Environmental Determination
The Initial Study was prepared to identify the potential environmental effects resulting from the proposed Project’s implementation, and to evaluate the level of significance of these effects. The Initial Study relies on information provided by SVP, Projec t site reconnaissance by SVP’s consultant, Aspen Environmental Group, and information and documents cited in individual resource topic discussions.
Based on the Initial Study analysis, mitigation measures are identified for adoption to ensure that impacts of the proposed Project would be less than significant. SVP has agreed to implement all of the recom- mended mitigation measures as part of the proposed Project.
Implementation of the following mitigation measures would avoid potentially significant impacts identi - fied in the Initial Study or reduce them to less than significant levels.
1.5. Mitigation Measures
Mitigation Measures for Construction-Phase Air Quality
MM AQ-1 Implement Basic Construction Air Quality Mitigation. The Project shall ensure that basic construction emissions control measures are implemented as “Best Management Prac - tices,” as follows:
All exposed soil surfaces (e.g., parking areas, staging areas, soil piles, and graded areas) shall be watered as needed, up to two times per day.
All haul trucks transporting soil, sand, or other loose material off-site shall be covered. All visible mud or dirt track-out onto adjacent public roads attributed to the Project shall be removed using wet power vacuum street sweepers at least once per day, if needed. The use of dry power sweeping is prohibited.
All areas to be paved shall be completed as soon as possible. Foundation pads shall be laid as soon as possible after grading.
Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]) .
Clear signage regarding idling shall be provided for construction workers at all access points.
NRS-KRS 115 KV TRANSMISSION LINE PROJECT 1. MITIGATED NEGATIVE DECLARATION
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All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. Post a publicly visible sign with the telephone number and person to contact at SVP or its designee regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.
Mitigation Measures for Special-Status Wildlife Species MM BIO-1 Implement Worker Environmental Awareness Program. Prior to and for the duration of any vegetation removal and trimming and any ground disturbing activities, SVP or its designee shall provide Worker Environmental Awareness Program (WEAP) training to all new personnel prior to beginning work on the Project. The training may be presented in the form of a video. The training program shall be developed by a qualified biologist to educate Project personnel about the Project’s sensitive biological resourc es. The name and credentials of the qualified biologist shall be submitted to the City no less than 14 days prior to the surveys for review and approval. A draft of the training program (i.e., video and written materials) shall be submitted to the City no less than 14 days prior for approval prior to implementation. The WEAP shall include, at a minimum:
An overview of the sensitive biological resources that are known or have the potential to occur in the Project area and surrounding habitat. This shall include nesting birds and special- plants and wildlife.
An overview of the Project and Mitigation Monitoring and Reporting Program (MMRP), and the consequences of non-compliance with these requirements. An overview of the federal and State Endangered Species Acts, Migratory Bird Treaty Act, Bald and Golden Eagle Protection Act, pertinent Fish and Game Code sections, and other applicable regulatory requirements and the consequences of non-compliance with these requirements.
Functions, responsibilities, and authority of the biological monitor(s) and how they interact with Project personnel.
Identify clear points of contact for the biological monitor(s) and construction personnel including who to contact should workers have questions regarding compliance with environmental documents and permit conditions.
Project restrictions, such as Environmentally Sensitive Habitat Areas (ESHAs), setbacks from sensitive biological resources, and avoidance buffers. Requirements to remain within authorized work areas and on approved access routes, with examples of flagging and signage used to designate these areas. Information on compliance with Project speed limits, control of litter and micro trash, smoking restrictions, wildfire minimization measures, spill containment and clean up, and the implementation of Best Management Practices.
Explanation that wildlife must not be harmed or harassed including procedures for abiding by Project speed limits, covering pipes, securing excavations, and installing exit ramps to prevent wildlife entrapment.
Training acknowledgement forms shall be signed by each person attesting that they understand and will abide by Project requirements. Upon request, SVP or its designee NRS-KRS 115 KV TRANSMISSION LINE PROJECT 1. MITIGATED NEGATIVE DECLARATION
SEPTEMBER 2024 1-4 ADMINISTRATIVE DRAFT MND/IS
shall provide the City the WEAP training acknowledgement forms for persons who have completed the training in the prior month and a running total of all persons who have completed the training to date.
MM BIO-2 Biological Monitoring. SVP or its designee shall retain a qualified biologist as biological monitor on the Project, to be approved by the City. If sensitive biological resources are identified during preconstruction surveys or incidentally, the qualified biologist will moni- tor Project work locations in proximity to sensitive biological resources weekly until biological resources are not found for one consecutive month, at which point weekly monitoring will cease. The qualified biologist shall be notified immediately if any nesting birds or other biological resources are discovered once construction begins. The qualified biologist will be the point of contact for any employee or contractor who might inadver - tently kill or injure a special-status s pecies or anyone who finds a dead, injured, or entrapped animal. The qualified biologist or biological monitor shall have the authority and responsibility to halt any Project activities that are not in compliance with applicable mitigation measures, permit conditions, or other Project requirements, or will have an unauthorized adverse effect on biological resources.
MM BIO-3 Conduct Preconstruction Surveys for Special-Status Wildlife and Implement Avoidance Measures. A qualified biologist shall conduct a preconstruction survey for each of the species identified below. These surveys can be combined if they meet the require ments outlined in this measure. The name and credentials of the qualified biologist shall be submitted to the City no less than 14 days prior to the surveys for review and approval.
Within 14 days of completion of the surveys, the City shall be provided with a report describing the findings, including the date, time, and duration of the surveys; identity of the surveyor(s); a list of all common and special-status species observed; locations of any special-status species identified, including any estab lished avoidance buffers; and any actions taken at the direction of the City in coordination with CDFW, and/or USFWS.
Bumble Bee: A
preconstruction survey for Crotch’s bumble bee and western bumble bee shall be conducted during the colony active period for each species (April through August) prior to project vegetation management and ground disturbing activities. The survey shall be conducted by a qualified entomologist or biologist familiar with the life history and ecology of special-status bumble bee species. The preconstruction survey for special-status bumble bees shall focus on the ruderal habitat within the utility right -of-way adjacent to the Northern Receiving Station and landscaped and ruderal land at the Montague Expressway interchange. The survey shall identify any potential foraging, nesting, and/or overwintering resources present within the Project work areas and a 50-foot buffer where legal access is available. If a potential active special-status bumble bee nest site is identi- fied, a 50-foot avoidance buffer shall be clearly delineated with staking, flagging, and/or signage and Project activities will be prohibited from the area until it is determined that the nest is no longer potentially active. The qualified biologist shall notify the City for coordination with CDFW within 24 hours as further coordination may be required to avoid or mitigate impacts.
Burrowing Owl: No la
ter than seven days prior to start of project vegetation management and ground disturbing activities, a qualified biologist shall conduct a preconstruction survey for burrowing owl. The survey shall include the focus areas (described below) plus a 250-foot buffer where legal access is available. The survey for burrowing owl shall focus on the ruderal habitat described for bumble bees above. If burrows or other structures are identified that contain signs of use by burrowing owl, or if burrowing owl(s) is observed, an avoidance buffer area shall be clearly delineated with staking, flagging, and/or signage.
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If during the nesting season (February 1 to August 31), a 250 -foot avoidance buffer shall be established, and Project activities will be prohibited from the area until a qualified biologist determines it is occupied either by a non-mated pair or the young have fledged.
If outside the nesting season, a 160 -foot avoidance buffer shall be established. The prescribed buffers may be adjusted by the qualified avian biologist in coordination with the City and CDFW based on existing conditions around the burrow, planned construction activities, tolerance of the species at a given location, and other pertinent factors.
If avoidance of burrowing owls is not feasible and work will be conducted outside the nesting season, a Burrowing Owl Passive Relocation Plan shall be developed to provide detailed methods and guidance for passive relocation of burrowing owls. The Burrowin g Owl Passive Relocation Plan shall be submitted to the City for approval in coordination with CDFW prior to conducting passive relocation. An occupied burrow may not be disturbed during the nesting season, unless a qualified biologist determines, by non - invasive methods, that it is not occupied by a mated pair. Passive relocation would include installation of one-way doors on burrow entrances that would let owls out of the burrow but would not let them back in. Once owls have been passively relocated, burrows will be carefully excavated by hand and collapsed by, or under the direct supervision, of a qualified biologist.
Within 14 days of completion of the surveys, the City shall be provided with a report des- cribing the findings, including the date, time, and duration of the surveys; identity of the surveyor(s); any established avoidance buffers in the event burrowing owl s are docu - mented to be present; and any actions taken at the direction of the City and/or CDFW.
Western Pond Turtle: No
later than seven days prior to start of project vegetation management and ground disturbing activities, a qualified biologist shall conduct a preconstruction survey for western pond turtle. The survey for western pond turtle shall focus on the ruderal habitat within the utility right -of-way southeast adjacent to the Northern Receiving Station.
Western pond turtle or other special -s
tatus wildlife found within the Project site during
the surveys shall be allowed to leave on its own volition prior to the onset of construction.
If species of special concern are found within the Project site during surveys and will not leave on its own volition, the species will be relocated to the nearest suitable habitat outside of the Project site. Species of special concern will only be handled by qualified personnel as authorized by CDFW and/or USFWS under an issued state scientific collect - ing permit (SCP), memorandum of understanding (MOU), or federal recovery permit.
Impacts to federally or state -listed species or state-listing candidate species are not authorized. If any State or federally listed, candidate, o r proposed species are detected work will be stopped and the applicant shall notify the City for coordination with CDFW and or USFWS, within 24-hours for further direction.
MM BIO-4 Preconstruction Nesting Bird Surveys and Nest Protection. During the nesting season (February 1 to August 31), preconstruction nesting bird surveys shall be conducted on the site and vicinity by a qualified biologist no more than 7 days before any work activities, including any vegetation removal or trimming, are performed at a given Project location.
The surveys shall be conducted following the sequential schedule of the linear Project in a manner that minimizes potential for the surveys to expire before the construction crews proceed to a new Project work location. Surveyors will search for all potential nest types (e.g., ground, cavity, shrub/tree, structural, etc.) and determine whether the nest is active. A nest will be determined to be active if eggs or young are present in the nest.
Upon discovery of active nests, the biological monitor will determine if there is need for NRS-KRS 115 KV TRANSMISSION LINE PROJECT 1. MITIGATED NEGATIVE DECLARATION
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a buffer or shield to minimize disturbance of the nest. Upon this determination and execu- tion of any required minimization action, work may proceed. The extent of the determina- tion will be based upon: acclimation of the species or individual to disturbance, nest type (cavity, tree, ground, etc.), and level and duration of construction activity. If there is a break in construction at a work location for a period of 14 or more days during nesting season, a new nesting bird survey shall be undertaken before construction is allowed to commence at that location to determine if any nests have been established. Bird surveys are not required outside of the nesting season.
In the unlikely event a special-status or listed species is found nesting nearby, CDFW and USFWS will be notified, and the City will be provided with nest survey results, if requested.
When active nests are identified, monitoring for significant disturbance to the birds will be implemented. Construction will not be allowed to continue unless the qualified biologist determines that no disturbance is occurring.
MM BIO-5 Preconstruction Bat Survey and Implement Avoidance Measures. A qualified biologist shall conduct surveys for special -status bats during the appropriate time of day to maxi - mize detectability to determine if bat species are roosting in trees or other vegeta tion requiring removal or clearance pruning for the Project. The name and credentials of the qualified biologist shall be submitted to the City no less than 14 days prior to the surveys for review and approval. The survey shall occur no less than 7 days and no more than 14 days prior to beginning tree or other vegetation removal or trimming activities. Survey methodology may include visual surveys for bats (e.g., observation of bats emerging from roosts to forage), inspection for suitable roost h abitat, bat sign (e.g, guano), or use of ultrasonic detectors (e.g., Anabat, etc). Visual surveys shall include all trees or other vegetation requiring removal or clearance pruning for the Project.
If evidence of bat use is observed, the approximate number and species of bats using the roost shall be determined. Bat detectors may be used to supplement survey efforts.
If roosts or a maternity colony are determined to be present, then a Bat Mitigation and Monitoring Plan (Plan) shall be prepared and implemented to mitigate for the loss of roosting habitat. The Plan shall include information pertaining to the species of b at and location of the roost, exclusion methods and roost removal procedures, compensatory mitigation for permanent impacts (including specific mitigation ratios and location of proposed mitigation) and monitoring to assess bat use of mitigation areas. This Plan shall be submitted to the City and CDFW for review and approval prior to project activities that could disturb roosting bats.
Mitigation Measures to Comply with Local Tree Policies and Ordinances MM BIO 6: Tree Protection Measures for Retained Trees. To minimize the potential damage and ensure the long-term health, stability, and survival of retained trees, measures outlined in the Tree Protection Plan below shall be implemented.
Tree Protection Zone
A Tree Protection Zone (TPZ) shall be defined by the City Arborist or City designated ISA (International Society of Arboriculture) Certified Arborist for all trees within 50 feet of any excavations that could be affected by project activities and are intended for preservation. A TPZ will not be established for trees within the Project area that are not within this excavation zone. TPZ will be taken down once excavation work is completed within 50 feet. A TPZ will typically include all area within the dripline of trees to be retained.
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The TPZ will be protected by a fenced enclosure to prevent unauthorized access during project activities. Fencing shall be constructed of sturdy but open material (i.e., orange webbed construction fencing, chain-link) with a minimum height of 4 feet and secured in place. Warning signs (e.g. WARNING – Tree Protection Zone – This fence shall not be moved without approval by the City Arborist or a City designated arborist) shall be prominently displayed and visible from all sides of the TPZ fencing. TPZ fencing shall be installed prior to any demolition, grading, staging, stockpiling, or any other construction activities, and shall remain in place until all construction activities are complete.
No construction, staging, or storage of materials, equipment or vehicles shall occur within the TPZ without advanced approval and oversight by the City Arborist or a City designated ISA Certified Arborist.
No excess soil, excess concrete or concrete wash, chemicals, refuse or other waste shall be placed within the TPZ.
The primary contractor shall be responsible for maintaining TPZ fencing and enforcing all TPZ guidelines outlined above throughout the course of the Project.
Site Grading, Excavation, and Trenching
Soil disturbance or grade changes within a TPZ are not permitted unless approved by the City Arborist or a City designated arborist. Any approved grading, excavation or trench work within a TPZ will be field staked and inspected by the City Arborist or a City designated ISA Certified Arborist prior to implementation. All grading, excavation and trenching work within a TPZ shall be performed under the observation of a City Arborist or City designated ISA Certified Arborist. All grading shall be designed to provide positive drainage away from the base of trees to be preserved and shall not create ponding within a TPZ. Grade changes in the vicinity of trees to be preserved should remain as close to natural grade as possible.
Canopy Pruning
To the extent possible, any necessary canopy pruning shall be completed prior to the commencement of construction activities.
Pruning shall be performed by a qualified tree service worker under the direction of a ISA Certified Arborist following International Society of Arboriculture tree pruning best management practices. Pruning shall not be performed by construction personnel.
Root Pruning
Any roots one inch and larger requiring removal shall be cut cleanly in sound tissue. No pruning seals or paint shall be used on wounds.
Roots two inches and greater shall remain in place and undamaged to the extent practicable. If removal is required, cuts shall be made with the approval and under the direction of an ISA Certified Arborist.
Communication for Tree Protection Compliance
A preconstruction meeting shall be arranged for the City Arborist or City designated ISA Certified Arborist to meet with the Project Planner, Project Contractors, Onsite Project NRS-KRS 115 KV TRANSMISSION LINE PROJECT 1. MITIGATED NEGATIVE DECLARATION
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Supervisors, Tree Pruning and Removal Contractor, and/or other appropriate Project Leads to review and secure a commitment to comply with all tree protection measures.
Mitigation for Previously Unidentified Archaeological Resources MM CR-1 Worker Training and Management of Unanticipated Discoveries of Historical Resources, Unique Archaeological Resources. SVP shall conduct a worker environmental awareness program (WEAP) for Project personnel who might encounter or alter historical resources or important/unique archaeological materials during Project work. This program may be combined with any similar required program, such as for biological resources. The WEAP will include a kickoff tailgate session that describes how to identify cultural resources and what to do if an unanticipated discovery is made during construction, presents site avoid- ance requirements and procedures to be followed if unanticipated cultural resources are discovered during Project construction, and includes a discussion of disciplinary and other actions that could be taken against persons violating historic preservation laws and SVP policies.
If previously unidentified cultural resources are identified during construction, construc- tion work within 50 feet of the find shall be halted and directed away from the discovery until a Secretary of the Interior qualified archaeologist assesses the significance of the resource. The archaeologist, in consultation with the City, any interested Tribes, and any other responsible public agency, shall make the necessary plans for treatment of the find(s) and for the evaluation and mitigation of impacts if the finds are found to be eligible to the California Register, qualify as a unique archaeological resource under California Environmental Quality Act Section 21083.2, or are determined to be tribal cultural resource as defined in Section 21074.
Mitigation for Treatment of Human Remains
MM CR 2 Treatment of Human Remains . Any human remains discovered are to be treated with respect and dignity. Upon discovery of human remains, all work within 50 feet of the discovery area must cease immediately, nothing is to be disturbed, and the area must be secured. The Santa Clara Coun ty Coroner’s Office must be called. The Coroner has two working days to examine the remains after notification. The appropriate land manager of the site is to be called and informed of the discovery. It is very important t hat the sus - pected remains, and the area around them, are undisturbed and the proper authorities called to the scene as soon as possible, as it could be a crime scene. The Coroner will determine if the remains are archaeological/historic or of modern origin and if there are any criminal or jurisdictional questions.
After the Coroner has determined the remains are archaeological/historic-era, the Coroner will make recommendations concerning the treatment and disposition of the remains to the person responsible for the excavation, or to his or her authorized representative. If the Coroner believes the remains to be those of a Native American, he/she shall contact the Native American Heritage Commission (NAHC) by telephone within 24 hours.
The NAHC will immediately notify the person it believes to be the most likely descendant (MLD) of the remains. The MLD has 48 hours to make recommendations to the landowner for treatment or disposition of the human remains. If the descendant does not make recommendations within 48 hours, the landowner shall reinter the remains in an area of the property secure from further disturbance. If the landowner does not accept the descendant’s recommendations, the owner or the descendant may request mediation by NAHC.
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According to the California Health and Safety Code, six (6) or more human burials at one (1) location constitute a cemetery (Section 8100), and willful disturbance of human remains is a felony (Section 7052).
Mitigation Measure for Seismically Induced Liquefaction MM G-1 Conduct Geotechnical Investigations. Because seismically induced liquefaction-related ground failure has the potential to damage or destroy Project components, SVP shall cause design-level geotechnical investigation for the Project to be performed that shall include investigations designed to assess the potential for geologic and seismic hazards, and specifically include evaluation of the potential for liquefaction and expansi ve soils to affect the 115 kV line structures. Where liquefaction or expansive soils hazards are found to exist/ verified, appropriate engineering design and construction measures shall be incorporated into the Project design as deemed appropriate by the Project engineer.
Finalized Project design incorporating geotechnical recommendations shall be submitted to the City 60 days prior to Project construction.
Mitigation Measure for Paleontological Resources
MM G-2 Worker Training and Management of Paleontological Resources. A paleontologist must be retained who meets the professional paleontologist qualifications (Society of Verte - brate Paleontology’s Standard Procedures, 2010) and has demonstrated experi ence in carrying paleontological projects to completion. The qualified professional paleontologist shall prepare a Worker Environmental Awareness Program (WEAP) for potentially encoun- tered paleontological resources, and training shall be provided for all staff who will be onsite during excavations. The WEAP shall show what local Pleistocene fossils look like in general, where they may appear in the Project, and how to proceed should material suspected to be a fossil is encountered.
The WEAP shall include procedures to follow if paleontological resources are encountered, including:
A monitoring plan for soils generated from tubular pole foundation excavations that may encounter Pleistocene sediments. Workers may temporarily halt operations to allow for identification and collection of paleontological resources from soil spoil piles.
If a potential significant paleontological resource is noted, a qualified paleontologist or paleontological monitor shall be called to the site identify and collect the fossil. A plan for treatment of significant fossils that provides for the treatment of specimens to the point of identification and permanent preservation, including washing of sedi - ments to recover small invertebrates and vertebrates.
A specimen identification, analysis, and curation plan that includes identification to the lowest taxonomic level possible; taxonomic, taphonomic, and biostratigraphic analysis; and curation to the standards of the repository where they will be curated. Paleontological resource collection treatment, and identification shall meet standards set forth in the Society of Vertebrate Paleontology (2010).
Mitigation Measure for Transport, Use, or Disposal of Hazardous Materials MM H-1 Hazardous Substance Control and Emergency Response. SVP shall implement its hazard- ous substance control and emergency response. procedures as needed. These procedures identify methods and techniques to minimize the exposure of the public and site workers to potentially hazardous materials during all phase s of Project construction through NRS-KRS 115 KV TRANSMISSION LINE PROJECT 1. MITIGATED NEGATIVE DECLARATION
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operation. They address worker training appropriate to the site worker’s role in hazardous substance control and emergency response. The procedures also require implementing appropriate control methods and approved containment and spill -control practices for construction and materials stored on site. If it is necessary to store chemicals on site, they shall be managed in accordance with all applicable regulations. Material safety data sheets shall be maintained and kept available on site, as applicable.
All hazardous materials and hazardous wastes shall be handled, stored, and disposed of in accordance with all applicable regulations, by personnel qualified to handle hazardous materials. The hazardous substance control and emergency response procedures include, but are not limited to, the following:
Proper disposal of potentially contaminated soils resulting from leaks or spills. Establishing site-specific buffers for construction vehicles and equipment located near sensitive resources.
Emergency response and reporting procedures to address hazardous material spills. Stopping work at that location and contacting the City Fire Department Hazardous Materials Division immediately if visual contamination or chemical odors are detected.
Work will be resumed at this location after any necessary consultation and approval by the Hazardous Materials Division.
SVP shall complete its Emergency Action Plan Form as part of Project tailboard meetings.
The purpose of the form is to gather emergency contact numbers, identify first aid loca - tions and provide other tailboard safety information.
Mitigation Measure for Contaminated Soil and Groundwater MM H-2 Soil and Groundwater Management. Prior to Project construction and ground disturbing activities, SVP shall implement an evaluation of potential soil and groundwater contami- nation at locations along the Project route where excavation, drilling, auguring, or other significant ground disturbance will occur to prevent mobilization of contami nants and exposure of workers and the public. The evaluation shall be completed at least 60 days prior to the start of Project construction. The evaluation of soil and groundwater shall include, but not be limited to, the following:
If contaminants below regulatory screening levels are identified, SVP shall coordinate with SCCDEH regarding soil reuse guidelines;
If contaminants exceeding applicable regulatory screening levels for construction workers and residential users published by the RWQCB, DTSC, or the Environmental Protection Agency (EPA) (except for arsenic which is naturally occurring in the area), are encountered during the Soil and Groundwater Characterization Study SVP shall obtain regulatory oversight from SCCDEH and shall prepare a Soil and Groundwater Management Plan (SGMP); and
Soils found in concentrations above established thresholds (except for arsenic) shall be removed and disposed of according to California Hazardous Waste Regulations.
If a SGMP is needed, the SGMP shall be prepared to guide activities during excavation and other ground disturbing activities to ensure that identified contaminated soils or ground- water are handled, removed, and disposed of properly. The SGMP shall be prepared by a NRS-KRS 115 KV TRANSMISSION LINE PROJECT 1. MITIGATED NEGATIVE DECLARATION
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licensed qualified professional and submitted to SCCDEH at least 30 days prior to Project construction and shall include, but not be limited to, the following elements:
Procedures and protocols for the safe handling, storage, stockpiling, and disposal of contaminated soils;
Contaminated soil excavated from the site shall be hauled off-site and disposed of at a licensed hazardous materials disposal site;
Protocols to manage and dispose of contaminated groundwater that may be encoun- tered during trenching or subsurface excavation activities, and if dewatering is required; and
Procedures and protocols to follow in the event soils or groundwater not previously identified as contaminated and suspected of being contaminated (on the basis of visual, olfactory, or other evidence) are identified during site grading or excavation activities or dewatering activities to allow for proper identification and characterization, and subsequent proper handling, removal, and disposal.
Mitigation Measure for Water Quality
MM HYD-1 SWPPP or Erosion Control Plan Development and Implementation. Following Project approval, SVP will prepare and implement a SWPPP, if required by State law, or erosion control plan to minimize construction impacts on surface water and groundwater quality.
Implementation of the SWPPP or erosion control plan will help stabilize graded or disturbed areas and reduce erosion and sedimentation. The plan will designate Best Management Practices (BMPs) that will be adhered to during construction activities. Erosion and sedi- ment control measures, such as straw wattles, covers, and silt fences, may be installed before the onset of winter rains or any anticipated storm events if soils are not stabilized.
Suitable stabilization measures will be used to protect exposed areas during construction activities, as necessary. During construction activities measures will be in place to prevent contaminant discharge.
The Project SWPPP or erosion control plan will include erosion control and sediment transport BMPs to be used during construction. BMPs, where applicable, will be designed by using specific criteria from recognized BMP design guidance manuals. Ero sion- minimizing efforts may include measures such as properly containing stockpiled soils.
Erosion control measures identified will be installed in an area before construction begins during the wet season and before the onset of winter rains or any anticipated storm events.
Temporary measures such as silt fences or wattles, intended to min imize sedi ment transport from temporarily disturbed areas, will remain in place until dis turbed areas have stabilized. The plan will be updated during construction as required by the SWRCB.
A worker education program shall be established for all field personnel prior to initiating fieldwork to provide training in the appropriate application and construction of erosion and sediment control measures contained in the SWPPP. This education program will also discuss appropriate hazardous materials management and spill response. Compliance with these requirements will be ensured by the on-site construction contractor.
Mitigation Measure for Construction Traffic
MM T-1 Construction Traffic Control Plan. Prior to the start of construction, SVP or its designee shall prepare and submit an Encroachment Permit which will include the construction Traffic Control Plan for review and approval to the City’s Department of Public Works for NRS-KRS 115 KV TRANSMISSION LINE PROJECT 1. MITIGATED NEGATIVE DECLARATION
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public roads and transportation facilities that would be directly affected by the construction activities and/or would require permits and approvals. SVP shall submit the construction Traffic Control Plan to the City prior to conducting activities covered in the traffic control permits. The construction Traffic Control Plan shall include, but not be limited to:
The locations and use of flaggers, warning signs, lights, barricades, delineators, cones, arrow boards, etc., according to standard guidelines outlined in the Manual on Uniform Traffic Control Devices, the Standard Specifications for Public Works Construction, and/or the California Joint Utility Traffic Control Manual. Additional methods to reduce temporary traffic delays and trips during peak travel hours to the extent feasible.
Typical access routes between all staging areas and the proposed work areas. Defining methods to coordinate with the City throughout construction to minimize cumulative lane disruption impacts should simultaneous construction projects affect shared segments /portions of the circulation system.
Prior to the start of construction, provide (or identify the timing to provide) the City with methods to comply with all specified requirements. Plans to coordinate in advance with emergency service providers to avoid restricting the movements of emergency vehicles. Police departments and fire departments shall be notified in advance by SVP of the proposed locations, nature, timing, and duration of any roadway disruptions, and shall be advised of any access restrictions that could impact their effectiveness. At locations where roads will be blocked, provisions shall be ready at all times to accommodate emergency vehicles, such as immediately stopping work for emergency vehicle passage, providing short detours, and developing alternate routes in conjunction with the public agencies. Documentation of the coordination with police and fire departments shall be gathered prior to the start of construction. Plans to coordinate in advance with property owners, if any, that may have limited access to properties due to temporary lane closures. Provisions for ensuring secondary access should be provided.
Plans to coordinate with Valley Transportation Authority in advance of construction to minimize disruption to mass transit.
Mitigation for Unanticipated Tribal Cultural Resources
MM TCR-1 Management of Unanticipated Tribal Cultural Resources. During project construction, should subsurface tribal cultural resources be discovered, all activity in the vicinity of the find shall stop and a qualified archaeologist and an authorized tribal representative shall be contacted to assess the significance of the find according to CEQA Guidelines Section 15064.5 and Section 21074. If any find is determined to be significant, the archaeologist shall determine, in consultation with the implementin g agency and any local Native American groups expressing interest, appropriate avoidance measures or other appro - priate mitigation. Per CEQA Guidelines Section 15126.4(b)(3), preservation in place shall be the preferred means to avoid impacts to tribal cul tural resources. Methods of avoid- ance may include, but shall not be limited to, Project reroute or redesign, or identification of protection measures such as capping or fencing. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C), if it is demonstrat ed that resources cannot be avoided, the qualified archaeologist shall develop additional treatment measures, such as data recovery or NRS-KRS 115 KV TRANSMISSION LINE PROJECT 1. MITIGATED NEGATIVE DECLARATION
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other appropriate measures, in consultation with the implementing agency and any local Native American representatives expressing interest in the tribal cultural resource.
A Mitigation Monitoring and Reporting Program (MMRP) has been prepared to ensure that mitigation measures are properly implemented (see Section 6). The MMRP describes specific actions required to implement each measure, including information on timing of implementation and monitoring requirements.
Based on the analysis and conclusions of the Initial Study, the impacts of the Project as proposed by SVP would be mitigated to less than significant levels with the implementation of the mitigation measures presented herein, which have been incorporated into the proposed Project.
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2. ENVIRONMENTAL DETERMINATION
2.1. Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” and requiring implementation of mitigation as indicated by the checklist on the following pages.
☐ Aesthetics ☐ Agriculture & Forestry Resources ☒ Air Quality ☒ Biological Resources ☒ Cultural Resources ☐ Energy
☒ Geology/Soils ☐ Greenhouse Gas Emissions ☒ Hazards & Hazardous Materials ☒ Hydrology/Water Quality ☐ Land Use/Planning ☐ Mineral Resources ☐ Noise ☐ Population/Housing ☐ Public Services
☐ Recreation ☒ Transportation ☒ Tribal Cultural Resources ☐ Utilities/Service Systems ☐ Wildfire ☐ Mandatory Findings of Significance
2.2. Environmental Determination
On the basis of this initial evaluation:
☐ I find that the Proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
☒ I find that although the Proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ☐ I find that the Proposed Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
☐ I find that the Proposed Project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
☐ I find that although the Proposed Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the Proposed Project, nothing further is required.
09/24/2024
Allie Jackman, Project Manager Date
Principal Electric Utility Engineer
Silicon Valley Power/City of Santa Clara
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3. INTRODUCTION TO THE INITIAL STUDY
3.1. Proposed Project Overview
Silicon Valley Power (SVP) is proposing to construct approximately 2.24 miles of new 115 kilovolt (kV) transmission line within the northeastern area of the City. SVP’s primary objective of the new 115 kV transmission line (Proposed Project) is to connect the Northern Receiving Station (NRS) and Kifer Receiving Station (KRS). By connecting these two receiving stations, it will allow energy to be balanced and redistributed within SVP's transmission receiving stations and allow SVP to serve new load growth projected based on the SVP Resource Load Forecast.
The SVP evaluation team identified and evaluated three routes for the new 115 kV transmission line prior to selection of the final route. The preferred alignment begins at NRS exiting northeast toward Lafayette Street continuing southeast within the median of Lafayette Street to Agnew Road where it transitions to the east side of Lafayette Street until Montague Expressway, where the route shifts to the west side of Bassett Street. The transmission line proceeds southeast along Bassett Street to Bayshore Fre eway (US 101), where the route crosses Bayshore Freeway and continues south along Duane Avenue intercon- necting to KRS from the north.
3.2. Environmental Process
3.2.1. CEQA Process
This Initial Study (IS) has been prepared pursuant to the California Environmental Quality Act (CEQA), the amended State CEQA Guidelines (14 CCR 15000 et seq.). The purpose of the IS is to inform the decision - makers, responsible agencies, and the public of the Proposed Project, the existing environment that would be affected by the project, the environmental effects that would occur if the project is approved, and proposed mitigation measures that would avoid or reduce environmental effects.
A Mitigated Negative Declaration (MND) has been prepared based on the assessment of potential environmental impacts identified in the IS. All potentially significant impacts associated with the project can be mitigated to a level below significance; therefore, an MND can be adopted by the City in accordance with Section 21080 of the CEQA Public Resources Code.
3.2.2. CEQA Lead Agency
The City of Santa Clara is the lead agency for review of the project under CEQA because it must make a decision whether to adopt the MND and to approve or deny the Proposed Project.
The California Department of Fish and Wildlife (CDFW) is California’s Trustee Agency for fish and wildlife
resources and holds those resources in a trust by statute for all the people of the state.
3.2.3. Initial Study
The IS presents an analysis of potential effects of the Proposed Project on the environment. The IS is based on information provided by SVP, project site visits, comments received during the scoping period and at the project scoping meetings on April 25, 2024 and May 23, 2024, and additional research.
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Construction activities and project operation could have direct and indirect impacts on the environment.
The following environmental parameters are addressed based on the potential effects of the Proposed Project and potential growth-inducing or cumulative effects of the project in combination with other projects:
Aesthetics
Agricultural & Forestry Resources
Air Quality
Biological Resources
Cultural Resources
Energy
Geology/Soils
Greenhouse Gas Emissions
Hazards & Hazardous Materials
Hydrology/Water Quality
Land Use/Planning
Mineral Resources
Noise
Population/Housing
Public Services
Recreation
Transportation
Tribal Cultural Resources
Utilities/Service Systems
Wildfire
Corona and Induced Current
Effects
Mandatory Findings of
Significance
The IS has been organized into the following sections:
Section 3: Introduction. Provides an introduction and overview describing the Proposed Project and the CEQA process and identifies key areas of environmental concern. Section 4: Project Description. Presents the project objectives and provides an in- depth description of the Proposed Project, including construction details and methods. Section 5: Environmental Analysis and Mitigation. Includes a description of the existing conditions and analysis of the Proposed Project’s potential environmental impacts and identifies mitigation measures to reduce potentially significant impacts to less than significant levels. Section 6: Mitigation Monitoring Plan. Includes applicant proposed measures (APMs) and mitigation measures that SVP must implement as part of the project, actions required to implement these measures, monitoring requirements, and timing of implementation for each measure. Appendix A: List of Preparers. Lists the preparers of the IS. Appendix B: References. Lists the sources of information used to prepare the IS. Appendix C: AQ/GHG Report. Presents the modeling inputs and outputs used for the Air Quality and Greenhouse Gas sections of the IS.
Appendix D: Draft Arborist Report. Presents an inventory and a general assessment of trees in the Project Area, and a Tree Protection Plan.
Appendix E: Biological Resources Report. Lists the k nown and potential occurrences of special-status species within the Project Area.
Appendix F: Scoping Report. Summarizes the public scoping effort and comments received. Appendix G: Electric and Magnetic Field Report.
Appendix H: Public Comments on Draft IS/MND
NRS-KRS 115 KV TRANSMISSION LINE PROJECT 4. PROJECT DESCRIPTION
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4. PROJECT DESCRIPTION
Silicon Valley Power (SVP) proposes to construct the NRS to KRS 115 kV Transmission Line Project (Project), which would include constructing a new, 2.24 mile long overhead and/or underground 115 Kilovolt (kV) transmission line between two existing facilities, Northern Receiving Station (NRS) and Kifer Receiving Station (KRS), in the City of Santa Clara (City).
4.1. Project Title
NRS to KRS 115 kV Transmission Line Project (Project)
4.2. Lead Agency Name and Address
City of Santa Clara
1500 Warburton Avenue
Santa Clara, California 95050
4.3. Lead Agency Contact Person and Phone Number
Allie Jackman, Project Manager
Principal Electric Utility Engineer
Phone: (408) 615--6639
E-mail: [email protected]
4.4. Project Location
The proposed Project is located in the City of Santa Clara within Santa Clara County, CA. The Project area is a fully developed urban area and includes several existing transmission lines, including lines owned by SVP and PG&E. The proposed Project would be located in Section 27, Township 6S, Range 1W, Mount Diablo Meridian.
The NRS is located south of the intersection of Bill Walsh Way and Stars and Stripes Drive, immediately adjacent to the southeast corner of Levi’s Stadium. The KRS is located approximately 0.1 miles northwest of the intersection of Lafayette Street and Central Expressway. The NRS and KRS are approximately 2 miles away from each other.
4.5. Project Sponsor’s Name and Address
Silicon Valley Power
881 Martin Avenue
Santa Clara, California 95050
4.6. General Plan Designation
Due to the linear nature of the Project, there are several general plan designations along the Project route.
These include Very Low Density Residential, Low Density Residential, Medium Density Residential, Neighborhood Mixed Use, Parks/Open Space, High Intensity Office/R&D, Low Intensity Office/R&D, Light Industrial, and Heavy Industrial.
NRS is located on land with the general plan designation of Regional Commercial, and the KRS is on land designated as Light Industrial.
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4.7. Zoning
There are several zoning designations along the Project route, including: MH - Heavy Industrial, ML - Light Industrial, R3-25D - Moderate Density Multiple Dwelling, CN – Neighborhood Commercial, PD - Planned Development, R1-6L – Single Family, and PD-MC – Planned Development – Master Community. The land that the NRS and KRS are on are zoned as Public or Quasi Public (City of Santa Clara 2023).
4.8. Surrounding Land Uses and Setting
Land uses within the Project area include residential, commercial, and industrial. Existing SVP transmission and distribution power lines are located near and within the project right-of-way (ROW).
North of Bayshore Freeway/Highway 101, land uses are primarily residential, with single and multi-family homes, and with commercial and industrial uses south of Montague Expressway and west of Lafayette Street. South of Bayshore Freeway/Highway 101, land uses are primarily light industrial uses and low-rise office buildings.
4.9. Project Overview
SVP is proposing to construct approximately 2.24 miles of a new overhead and/or underground 115 kV transmission line. The Project would be built to accommodate energization at 230 kV, however it would initially be operated at 115 kV.
The transmission line would start at the NRS, south of the intersection of Bill Walsh Way and Stars and Stripes Drive, approximately 0.1 miles southeast of Levi’s Stadium. The transmission line would travel approximately 2.24 miles south along Lafayette Street, Bassett Street, and Duane Avenue and end at the KRS, approximately 0.1 miles northwest of the intersection of Lafayette Street and Central Expressway (See Figure 4-1, Project Overview).
4.9.1. Overhead and Underground Options
Two options are being considered for the northern segment of this project: overhead and underground.
The northern segment that contains both overhead and underground options would start at NRS, follow Lafayette Street, and end approximately 300 feet south of the intersection of Lafayette Street and Agnew Road, The overall northern segment is approximately 0.74 miles long.
Depending on the option selected, the transmission line would be built either completely overhead (Option 1), or as a combination of underground and overhead (Option 2). The underground segment, if chosen, would place the transmission line underground beneath Lafayette Str eet after a portion of overhead alignment where the line would leave NRS and enter the median of Lafayette , then transition underground using a riser pole. The underground segment would transition to overhead approximately 300 feet south of the intersection of Lafayette Street and Agnew Road, then continue overhead south of Agnew Road to connect to the KRS. South of Agnew Road, the route would be overhead, regardless of the Option chosen.
4.9.1.1. Option 1 - Overhead Route Segment
Under Option 1, the entire Project would be overhead. Between NRS and the intersection of Lafayette Street and Agnew Road, there would be approximately twelve new poles spaced between approximately 150-500 feet apart, with foundations or directly embedded. Nine of these poles would be constructed within the median in Lafayette Street. The new pole structures would be designed to allow SVP to install 60 kV underbuilt lines as well.
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4.9.1.2. Option 2 - Underground Route Segment
Under Option 2, the Project would be underground beneath Lafayette Street from near NRS to approxi - mately 300 feet south of the intersection of Lafayette Street and Agnew Road, and then overhead south of Agnew Road to KRS. The underground option would include nine 8-inch conduits for electrical and three 4-inch conduits for communication. Option 2 would require two large overhead riser structure poles (see Figure 4-2, Typical Pole Types, 230 kV Riser Pole) where the route transitions from overhead to under - ground near NRS, and from underground to overhead near Agnew Road. Additionally, two large below grade transmission vaults would be installed, spaced approximately 100 feet apart near Hope Drive.
The underground option would be designed to accommodate voltages of 230 kV but would be energized at 115 kV. Based on preliminary analyses, the underground option would only be able to deliver about 83% of the power that the overhead option would be able to provide at 115 kV, due to heat dissipation requirements. The power delivery amount further declines at 230 kV, to 79.9%. Based on the current design, which was determined to be the most efficient for meeting project goals, the underground option would not allow for additional conductors within the duct bank. If additional capacity is required after the construction of the Project, such as future 60 kV lines, a new trench or overhead transmission line would need to be constructed.
4.10. Project Objectives
The objective of the Project is to increase SVP’s system capacity and reliability. The transmission line will allow energy to be balanced and redistributed within SVP's transmission receiving stations. This line will allow SVP to serve load growth projected based on SVP’s forecasted load growth within the City over the next several years.
4.11. Project Components
4.11.1. 115 kV Transmission Line
As illustrated in Figure 4-1, the majority of the new 115 kV transmission line would be constructed along Lafayette Street, Bassett Street and Duane Avenue. The new route would require approximately 39 poles (if overhead). The transmission line would be built to support a 230 kV transmission line, but would be initially energized at 115 kV, allowing for future capacity expansion. T he Project is being designed with enough distance in between the conductor wires, so it will be in compliance with current Avia n Power Line Interaction Committee (APLIC) guidelines (APLIC, 2006).
New poles are anticipated to range from 85 to 150 feet tall (average height of 115 feet). The poles will be at their tallest where they cross existing distribution facilities north and south of Montague Expressway, where the line crosses Montague Expressway and the Bayshore Freeway, where the line exits NRS, and where the line enters KRS. The distance between poles would vary but they would typically be spaced between approximately 150 to 500 feet apart. The clearance between the ground and the sag of the new 115 kV line between poles is expected to be not less than approximately 32 feet. New transmission structures would consist of tubular steel monopoles with direct embedded foundations, drilled pier foun- dations, or sub -grade drilled pier foundations.
1 Dead-end and angle structures, and tangent structures 2 supporting multiple circuits, would require steel monopoles with a galvanized finish. Pole diameters for
1 S ub-grade drilled pier foundations are functionally the same as drilled pier foundations except that the top of the pier and the bottom of the structure are installed below the existing ground level to reduce the above ground footprint. 2 Tangent structures are the most common types of poles that are sequenced in a straight line.
Dead-end structures are a type of power pole where conductors and ground wires are only pulled on one side, and are used when a transmission line ends, turns at a sharp angle, at major crossings such as highways or rivers, or if the line divides into different segments. These structures are designed to handle higher tension and are typically larger than tangent structures.
Angle structures are used when wires come to the pole at an angle.
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tangent structures would be generally 2 feet to 4 feet or less, while custom dead-end poles would have diameters in the range of 4 feet to 6 feet.
Figures 4-2 and 4-3 illustrate examples of typical structure types that would be used for the Project.
The underground segment, if selected, would be installed within Lafayette Street which is approximately 80 feet wide. The conductors would be installed in an approximately 3-foot by 4-foot underground duct bank at least 3 feet from the top of the grade to the top of the duct bank. The underground segment would require riser poles (see Figure 4 -2, Typical Pole Types, 230 kV Riser Pole ) at the points where the line transitions from overhead to underground, or underground to overhead.
Tangent structures (see Figure 4 -3, Typical Pole Types, 230 kV Tangent and Dead-end Poles) would be embedded directly into the soil or on a concrete foundation up to approximately 20 feet deep and back - filled with a pre -engineered crushed rock material or concrete slurry. Alternate foundations would be used only if necessary due to poor soil conditions.
Self-supporting dead-end and angle structures (see Figure 4-3) would require steel-reinforced concrete pier foundations. A typical foundation size is about 5 feet to 8 feet in diameter and can range in depth from 20 feet to approximately 35 feet. The concrete foundations extend above the ground -line by 1 or 2 feet in most cases.
The proposed Project would adhere to National Electrical Safety Code (NESC) and California Public Utilities Commission (CPUC) General Order 95, which define separation of structures from adjacent buildings or other utility facilities. Many of the existing power lines in the project vicinity are located along the edges of roadways, such as in landscaped reas, the perimeters of parking lots, or in sidewalks (CPUC, 2018). The new overhead transmission structures would be in the median of Lafayette Street north of Agnew Road, otherwise they would follow the edge of roadways.
Between Agnew Road and Montague Expressway, nine existing poles would be removed and replaced with seven new poles, which would carry existing circuits as well as the new circuit. The new poles would include an underbuild,
3 which will be designed for 115 kV but energized at 60 kV. South of Montague Expressway, four poles would be removed from the existing transmission line (to Norman Avenue) and replaced with four new poles. At some locations the poles will support a new 115 kV circuit as well as an existing 60 kV circuit and distribution and communication lines. Refer to Section 4.11.2 for further details.
4.11.2. Replacement of Existing Distribution and Telecommunication Lines Some existing distribution lines and/or telecommunication lines along the proposed route would be transferred to the new poles to be underbuilt on the new poles. The existing, replaced poles would be removed and transported to SVP’s stockyard or to an approved disposal site. In some cases, some existing wood poles may be left in place as an intermediate pole located between two new transmission poles.
Where existing poles are left in place, the tops of these poles would be cut off, resulting in a shorter pole with conductor and/or cables still attached at the lower levels. All of the existing conductors and cables are expected to be reused for the project.
4.11.3. Substation Modifications
The NRS and KRS substations are existing substations that would be expanded or rebuilt prior to the proposed Project. The work to be undertaken at NRS and KRS are not part of the proposed Project. As needed, the substation work will be coordinated with Project designers for the new transmission line. The
3 “Underbuild” means that a transmission or distribution line would be supported underneath a transmission circuit, on the same pole.
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only change to NRS and KRS that will occur as part of the proposed Project is the placement of new poles within the substation to bring the new circuit to the appropriate substation rack.
Figure 4-1. Project Overview
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D Existing Substation
■ Rebuilt Substation*
• Kifer Receiving Station will be
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Scale: 1 :18,000
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1,500 0
-
Option 2: Underground
Transmission Line
Double Circuit Existing 60 kV
with New 115 kV (Same Poles)
Existing Transmission Lines
-- 115kV
60 kV
1,500 feet
115 kV Transmission Line
Project Overview
Sources: Aspen, 2024; CEC, 2023;
SVP, 2024; Nearmap, 2023.
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Figure 4-2. Typical Pole Types, 230 kV Riser Pole
Figure 4-2
Typical Pole Types, 230 kV Riser Pole
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Figure 4-3. Typical Pole Types, 230 kV Tangent and Deadend Poles
STRUCTURES)
Figure 4-3
Typical Pole Types, 230 kV Tangent and Deadend Poles
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4.12. Project Construction Activities
4.12.1. Staging Areas
Up to two temporary staging areas would be used during project construction. Staging areas would be located within the project vicinity and would be the assembly point for project personnel. The staging areas would also be the location for: temporary portable bathroom facilities; equipment storage during off work hours and weekends; materials storage; construction trailers; employee parking; and a meeting area as needed for project management.
Staging would occur at existing SVP substations or yards or in areas that are already disturbed. One example of a potential staging area would be SVP’s storage yard, located at 1715 Martin Avenue, Santa Clara, CA. The staging area size may vary depending on negotiations with third-party property owners for temporary construction easements or property owner agreements. For the purpose of analysis, each staging area is expected to have a footprint of up to approximately 1 acre.
A secured, fenced location with access by an existing road is preferable. Preparation for site use is expected to include little or no grading at the staging areas aside from minor scraping to achieve an even grade or to remove any weeds that may be present. Gravel or rock may be temporarily added to the staging area as needed to address wet or muddy site conditions or reduce dust or track out from construction equipment.
If there is no driveway into a site with a curb, temporary access (steel plates or cold patch over a culvert) may be placed to minimize potential damage to the curb. If there is no fence, a temporary fence would be erected. Any temporary fencing would typically be chain link with gates secured by a lock. A typical security light would be i nstalled on site in a downcast position. After project completion, temporary security and access and site stabilization installations would be removed unless the property owner requests that they remain in place.
4.12.2. Work Areas
4.12.2.1. Substations
No new substations would be constructed as part of this project. Minimal work would be needed at the existing substations into which the new 115 kV transmission circuits would connect. The existing substa - tions are undergoing rebuild or expansion efforts to modernize them. That work is not part of the proposed Project. New racks would be installed by those projects to support connections with the new conductors. Work at the substations would take place within the existing fenced areas.
4.12.2.2. Transmission and Distribution Power Poles
Pole work would include foundation excavation (i.e., subsurface drilling for either a direct embedded pole or construction of a concrete pier foundation), power pole assembly and installation, and installation of travelers (stringing blocks) to support wire stringing. Some segments of the power line would require transferring wires from existing poles to the newly installed poles and then removing the existing steel and wood poles. Work areas for new poles are expected to be located approximately every 150 to 500 feet.
Where final design allows, power and distribution pole work would overlap. Final design would determine final pole locations.
Individual work areas for pole installation would typically be within the road ROW and SVP easements and extend approximately 50 feet in length. The width of Project encroachment into the public ROW and/or SVP’s easement during pole installation and conductor stringing will be based on multiple factors, such as location of the pole in relation to the curb and private property lines.
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Work areas would be accessed primarily from adjacent paved roads. Construction vehicles and equipment would be staged or parked alongside the road in the project ROW unless other arrangements have been made with the property owner.
Site preparation is not expected to be required for the majority of the project’s pole work areas. However, some vegetation and tree removal or tree trimming may be required. Disturbed areas would be restored.
Site restoration may include repairing any damage to sidewalks, paved parking areas, roadways, or curbs.
Site restoration may also be needed in landscaped planters and lawns.
Project plans have been made to minimize any removal of the trees located beneath the proposed trans- mission line however if the removal or trimming of a tree is deemed necessary as the project progresses, care will be taken (see Section 4.12.9, Vegetation Clearance). Existing distribution power lines along some segments of the ROW would be partially removed or relocated and underbuilt on the new structures and the existing poles would be removed. Some existing distribution poles would be left in place, such as poles that skip-span with colinear transmission line, while som e existing structures may be topped to leave a distribution-only structure remaining.
4.12.2.3. Pull and Tension
Pull and tension activities would require guard structure installation where required (such as at road crossings), pull and tension equipment staging, and temporary pole anchor installation, followed by pulling and tensioning of the conductor. Most pull and tension work areas are expected to be located within the ROW and may be located at most of the larger angle points of the transmission line route. It may be necessary to access areas in the ROW away from a pole work area to support pull and tension acti vities.
Pull and tension site locations are preliminary and are subject to change based on final engineering and other factors. If pulling is required through an angle, or at the start of a new direction of the route, the site may be located outside the ROW or off the end of a ROW corner.
A pull and tension site to install conductor is typically located at a 1:3 ratio from a pole (pole height deter- mines distance from the pole — for example, the pull and/or tension site for a 50-foot-tall pole would be located approximately 150 feet from th e pole location). Temporary pull and tension work areas would typically be approximately 75 feet wide 150 feet long. Depending on the location, this temporary use area may be in the road ROW and/or in an easement obtained by SVP on private property.
Guard structures would be installed when the conductor is being pulled across a road or railroad tracks.
Guard structures are temporarily installed during construction and removed after stringing of the con- ductor. A work area of approximately 40 feet by 50 feet would be used to install the guard structures.
Final design would determine guard structure work area locations.
Construction vehicles and equipment needed at the pull and tension sites would be staged or parked within the project ROW or alongside access roads. Site preparation would not be needed for most of the project’s pull and tension sites. Some vegetation removal or tree trimming may be required for vehicle access and to minimize the risk of fire. Site restoration may include repairing any damage to sidewalks, paved parking areas, roadways, or curbs. Site restoration may also be needed in landscaped planters and lawns.
4.12.3. Construction Access
Work areas along the route during construction and during subsequent operation and maintenance would be parallel and adjacent to existing roads and/or other paved parking areas.
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4.12.4. Overhead 115 kV Transmission Line Construction
The following power line construction sections describe activities associated with the new transmission line construction, including associated installation, relocation and/or removal of existing taps, distribution lines, and the shoo-fly.
4.12.4.1. Pole Transportation
A line truck with trailer and a second transport vehicle (crew cab truck or half ton pickup) would be used to transport construction personnel to a pole work area. A line truck would haul new tubular steel poles to the site on a trailer and haul away any removed transmission or distribution poles. A line truck with a trailer would likely deliver one tubular steel pole per trip. Typically, a second transport vehicle would accompany the delivery truck dur ing pole staging. Multiple removed distribution poles would likely be transported from work areas as part of the return trip, when feasible.
4.12.4.2. Transmission and Distribution Pole Removal
The existing transmission and distribution poles to be removed would likely be removed with a small crane. A power outage would be needed while the existing conductors are detached from the pole and while the pole is lifted out of its current location with the crane. Some poles may only have their tops removed; leaving the lower previously underbuilt cables in place. In this case, the same crane would remove the pole top after the pole has been cut with a chain saw. All removed poles or pole segments would be loaded onto a trailer and transported to a designated storage or disposal area.
4.12.4.3. Pole Installation
Expected dimensions for tubular steel poles are provided in Table 4 -1, Summary of Approximate Pole Metrics. The line would be designed with approximately 40 poles total. Pole installation would occur during daylight hours. Typically, 4 to 5 truck trips would be required to set a new power pole and remove an old transmission or distribution pole from a work area.
Table 4-1. Summary of Approximate Pole Metrics
Structure Feature Approximate Metrics
Tubular Steel Pole
Diameter 2–6 ft. (typical range, pole height dependent) Foundation depth 20 to 35 ft. (typical range, pole height dependent) Individual permanent footprint 50 sq. ft. (typical range), for a typical pole auger diameter of 8 ft.
Approximate number to be installed 40
Average work area at each site 4,000 sq. ft.
Total permanent footprint Approximately 2,000 sq. ft.
Installation of tubular steel poles (TSPs) would include the following steps for site preparation, foundation installation, and pole installation. To prepare the site, the pole location would be staked. The work area would be flagged and required stormwater best management practices (BMPs) installed. If required, a crane pad would be prepared, which may require surface blading to create a level surface. TSP foundation installation would include:
Excavating the hole;
Installing forms, rebar, and anchor bolts;
Pouring concrete;
Removing forms; and
Grooming the base area, including any landscape restoration.
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After the new TSP is installed, any transmission or distribution line would be moved to the new pole and the old transmission or distribution pole would be removed. Excess soil onsite would be feathered around the work area if there is natural ground prese nt and/or transported to an area Service Center or other appropriate facility for disposal.
TSP concrete pier foundations would be approximately 5 to 8 feet in diameter and would extend approxi- mately 20 to 35 feet below the ground surface. A line truck would be used to haul foundation forms, anchor bolts, rebar, and pole structures to work areas. The line truck with a boom would be used to place foundation forms, anchor bolts, and rebar in place prior to pouring concrete for the foundation and to remove the forms following completion of the foundation.
A concrete mixer truck capable of delivering 9 to 10 yards of concrete would be used to deliver and pour concrete for the TSP foundations. Concrete trucks would not be washed out at pole locations but rather would be rinsed using portable stations establis hed for concrete clean-up at project staging areas. If applicable, a backhoe or skid loader would be used to place gravel around the TSP after formwork has been removed and to groom the area surrounding the pole installations. A crane would be used to plac e the TSP on the finished foundation.
4.12.4.4. Pull and Tension Work Areas
A line truck with a trailer and a second transport vehicle (crew cab truck and/or half ton pickup) would be used to transport construction personnel to each pull and tension work area. A line truck would haul reel trailers and mounted reel stands holding the conductor to the site. An 18-wheeled truck with a trailer may be used to transport more than 1 reel to the work area. Pullers would be mounted on the line truck or trailer to install the conductor. Old transmission or distribution lines that would not be reused would be removed from the sites on a line truck with a trailer. Temporary pole anchors may be installed in the natural ground to stabilize poles when pulling the conductor into place.
4.12.4.5. Conductor Installation
Typically, the following seven (7) steps would be taken to install new conductor (wire stringing):
1. Travelers (pulleys) would be installed on the ends of insulators on each pole frame. A line truck with a bucket would be required to install the pulleys. Installation of pulleys may be phased to correspond with the specific section of wire stringing.
2. A truck, an all-terrain vehicle (ATV), or a worker would pull a light rope (sock line) in line with the route and lace it through the travelers. For this operation, a line truck with a bucket would be used or a worker may climb the structure.
3. When the sock line is laced through the travelers for the length of the pull, the sock line would be connected to a hard line (steel cable). The hard line would be on a reel that would be on a tensioner.
Typically, the reel and tensioner would be located on a line truck or semi-truck trailer.
4. The sock line would be pulled back with a truck, an ATV, or a worker pulling the hard line into place.
The sock line would be removed from its connection to the hard line.
5. That end of the hard line would be connected to a conductor. A trailer-mounted tensioner would then pull the hard line and connected conductor in the reverse direction.
6. The conductor would be sagged (tightened) into place using the tensioner.
7. The conductor would be clipped into the insulators and the travelers would be removed by using the line truck with a bucket or a worker may climb the structure.
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4.12.4.6. Guard Structures
Prior to stringing conductors, temporary guard structures would be installed at railroad and road crossings, and other locations where the new conductors may otherwise come into contact with electrical, commu- nication, or rail facilities or vehicular traffic during installation. Guard structures would be positioned and configured to catch and support the weight of the conductor if it unexpectedly drops or sags excessively during the tensioning process. These structures would be placed on one side or on each side of the road or other location being crossed. For example, the temporary structures are expected to be installed adjacent to the Union Pacific railroad tracks as the transmission line crosses the tracks along Lafayette Street near NRS, near Agnew Road, and near Montague Parkway. Major road crossings include Lafayette Street, Montague Expressway, and the Bayshore Freeway.
Each temporary structure would typically consist of a wood pole with a frame at the top that resembles a “Y” or “H”. Methods for installation and removal of the clearance structures would be similar to those described for wood poles and would be installed approximately 6 to 10 feet deep. Foundations and grading would not be required. Netting would be installed between the 2 Y-frame or H -frame structures, as needed, to prevent contact between the new conductor and an existing facility. Where necessary, traffic control would be provided during installation and removal of these temporary guard structures and as specified in encroachment permits.
4.12.4.7. Existing Pole Removal
The existing wood transmission poles on the east side of Lafayette Street betw een Agnew Road and Montague Expressway, some wood poles along Bassett Street and some poles along Duane Avenue would be removed after the transmission and/or distribution line is transferred to the new structures . The old conductor would not be replaced and would be transferred to the new structures. Next the removal would consist of the above and below-ground portions of the pole. Any holes left from removing the poles would be backfilled with spoils that may be available as a result of the excavation for new poles and using imported fill as needed. If poles are removed from paved areas, paving will be replaced to match existing surfaces.
4.12.5. Underground 115 kV Transmission Line Construction This section describes the proposed construction methods for construction of the underground trans - mission line for Option 2, which would occur for approximately 0.74 miles within the southbound lanes of Lafayette Street from near NRS to Agnew Road. Installation of the underground transmission line, duct banks, and splice vaults would be completed using a cut -and-cover method (open trenching) along the route. The major underground construction activities would begin with vault installation, followed by trenching and duct bank installation, and, finally, cable installation. In addition, riser poles would be constructed at each end of the underground segment.
4.12.5.1. Trenching/Duct Bank Installation
Prior to trenching, SVP would notify other utility companies (via the Underground Service Alert [USA]) to locate and mark existing underground structures along the proposed alignments, and also would conduct exploratory excavations (potholing) to prove the locations for proposed facilities as needed.
After the route is marked, the pavement within the trenchline would be removed. Trenching activity requires one work crew progressively excavating and hauling off material. Upon reaching final trench excavation depth, a second work crew secures the trench walls via shoring. Once the shoring process is complete, a third installs PVC conduit to provide a raceway for the electrical cable. Upon completion of PVC conduit laydown, the trench is backfilled and the trench alignment temporarily paved. Final roadway restoration NRS-KRS 115 KV TRANSMISSION LINE PROJECT 4. PROJECT DESCRIPTION
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and asphalt paving would be completed once the cable is fully installed, tested and released for operation.
This avoids having to break the final pavement to replace any section of cable should it fail during testing.
Trenching would progress at an approximate rate of 50 feet per day. The length of open trench at any one time would typically range from 150 feet to 300 feet. Steel plating would be placed over the trench to maintain vehicular and pedestrian traffic across areas that are not under active construction. Traffic controls would also be implemented to direct local traffic safely around the work areas (see Section 5.17, Transportation). The total surface of the trench plates over backfilled areas would vary betwe en approximately 100 to 500 feet in length each day until it has reached a surface large enough (typically 300 feet) for temporary pavement restoration. Temporary trench paving would likely occur once a week to minimize the amount of trench plates on the road.
No long-term road closures would be expected during trenching, although one-way traffic controls as well as short-term road closures of road segments up to 1,500 feet would be necessary to allow for certain construction activities and to maintain public safety.
As the trench for the underground 115 kV cable is completed, SVP would install PVC conduits and concrete encasement around the duct bank. The duct bank cover would measure at least 3 feet wide by 3 feet deep, including a thermal backfill and asphalt or dirt surfaces. The typical dimensions of a single circuit reinforced duct bank are approximately 3 feet 7 in ches wide by 3 feet 4 inches deep, although typical dimensions may vary depending on soil stability and the presence of existing structures. The trench would be widened or shored where needed to meet California Occupational Safety and Health Administration (OSHA) safety requirements.
Where the electrical transmission duct bank would cross or run parallel to other substructures (which have operating temperatures at earth temperature), a minimum radial clearance of 12 inches would be required. These substructures include gas lines, telephone lines, water mains, storm lines, and sewer lines.
In addition, a 5-foot minimum radial clearance would be required where the new duct bank crosses another heat-radiating substructure at right angles. A 15-foot minimum radial clearance would be require d between the duct bank and any parallel substructure whose operating temperature significantly exceeds the normal earth temperature. Such heat -radiating facilities may include other underground electric transmission circuits, primary electric distribution cables (especially multiple-circuit duct banks), steam lines, or heated oil lines.
SVP would identify other utilities during final design, evaluate their proximity and potential for induced current and/or corrosion, and in coordination with the utility-system owner, determine whether steps are necessary to reduce the potential to induce current or cause corrosion. SVP would take the necessary steps in coordination with those utility system owners to minimize any potential effects through mea - sures, such as increased cathodic protection or utility relocation. The steps are summarized as follows:
During final design, prepare study of corrosion and induced currents. Send results of study to each affected utility system owner for review and comments. Owners submit requirements for protection of each of their facilities. SVP makes changes accordingly or compensates owner for future protection measures, per the owner’s preference.
Once the PVC conduits are installed, thermal -select or controlled backfill would be transported, placed, and compacted. A road base backfill or slurry concrete cap would be installed, and the road surface would be restored in compliance with the City requi rements. While the completed trench sections are being restored, additional trenchline would be opened farther down the street. This process would continue until the entire conduit system is in place.
All backfilling material would be engineered material called flowable thermal concrete (FTC), and flowable thermal backfill (FTB). Each has unique properties specific to its application, while both are designed to NRS-KRS 115 KV TRANSMISSION LINE PROJECT 4. PROJECT DESCRIPTION
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have thermal characteristics for heat displacement. For a typical trench, the bottom 2 feet encases the PVC conduit with FTC, while the remainder of the trench would be filled with “diggable control density fill” FTB to the roadway sub-base level. From tha t point, all restoration would be based upon matching the street’s existing sub-base and surface, i.e., asphalt, concrete, or combination of the two. The exca - vated material would not be used as backfill. The estimated total amount of excavated materials t o be removed for trenches, duct banks, and vaults is 6,000 cy. The final volume of excavated materials may vary, depending on what work is required to avoid existing underground utilities.
The total duration of trench excavation and manhole installation is estimated to take approximately four months. Cable pulling, discussed in Section 4.12.5.3, is a standalone operation that would be performed after the vaults are installed, the duct bank i s fully poured, and the trench backfilled and temporarily paved. Final paving restoration would be scheduled after the cable is fully installed and operative. The City encroachment permit would likely require a full lane of pavement restoration which in turn would require a two -lane closure over a 1,500-foot work area. Final paving would take approximately 15 days along Lafayette Street, and the total duration of paving and cleanup would take around 6 weeks.
Equipment necessary for trenching in closed lanes include pavement saw cutting equipment, pavement grinder, excavators, and dump trucks. Section 4.12.7 lists all equipment expected to be used during con - struction. SVP expects four dump trucks to be used to haul trench and excavation materials and import backfill to the project. The number of daily total haul truck trips would depend upon the rate of the trenching, which is estimated to progress at an approximate rate of 50 feet per day over 6 months.
Jackhammers would be used when needed to break up sections of concrete that the saw -cutting and pavement-breaking machines cannot reach. Other miscellaneous equipment would include a concrete saw, various paving equipment, and pickup trucks. In general, no equipment would be left at the trench site overnight, with the exception of an excavator.
4.12.5.2. Vault Installation
The underground segment would require two (2) splice vaults to be installed: the first vault would be installed approximately 1,575 feet measured from the riser pole near Agnew Road and heading north/ northwest along Lafayette Street, and the second vault would be installed approximately 100 feet further north/northwest from the first one. The typical complete pre-cast vault installation would take 4 to 7 days, working 10 hours per day from breaking ground to finishing grade. For each vault, the excavation would be approximately 34 feet long, 14 feet wide and up to 15 feet deep. Excavation for vaults of this size would require shoring components such as driven sheet piles or slide rail steel sheeting. Once the initial exca - vation and shoring is installed, preparation of the sub -base would consist of the installation of crushed rock for leveling purposes. If present, groundwater would be tested and either pumped out to a controlled containment or discharged as would occur during trenching.
Once the vault preparation steps (excavation, shoring and finish grade leveling) are completed, setting the vault is performed via sectional lifts of the three vault pre -cast sections using either a hydraulic or a lattice type crane. With all sections of the vault set in place, backfilling can start as the shoring is removed.
Lane closures would be required at each vault location according to the following sequence:
1. Vault installation would be performed prior to trenching/duct bank installation and would require an approximately 4- to 7-day multi-lane closure for each vault.
2. Conduit cleaning/proofing would be performed after the duct bank is completely installed and backfilled. This requires an approximately 2-day lane closure.
3. Cable pulling would require an approximately 2-day lane closure per cable phase (approximately 6 total days of lane closure).
4. Racking/splicing would require approximately 2 to 3 days at each of the two vaults.
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The major equipment required for vault installation would consist of an excavator, pickup trucks, end dump trucks, stake trucks for material, 75 -ton crane, crane riggers truck, tractor trailers for sheet piling delivery, tractor trailers for delivery of pr ecast concrete manhole sections, and possibly water trucks and/or containment water tanks (see also Section 4.12.7).
4.12.5.3. Cable Pulling, Splicing, and Termination
The proposed cable system would consist of three major components: the cable, splices that connect cable sections, and terminators that connect the cable to the equipment at the substations. Cable installation would occur after the underground vaults and duct banks are installed.
Cable Pulling
The cable for the proposed Project would consist of six individual cables (two per electrical phase) and a communication fiber optic cable. Pulling between one riser structure and one vault typically would take approximately 2 to 3 days, working 10 hours p er day. To pull each cable through the duct bank, a cable reel would be placed at the end of a duct bank section at the riser structure, and a pulling rig would be placed at the other end of the duct bank section at the vault. With a small rope called a “fish line,” a larger rope would be pulled into the duct. The large rope would be attached to pulling eyes on a conductor end, and the large rope would pull the conductor into the duct. To ease pulling tensions, a lubricant would be applied to the conductor as it enters the duct. The three electric phases and one communication cable would be pulled through their individual ducts at the rate of two of the three sections between the riser and vault per day. The project would require the pulling between riser and vault to be repeated twice for each vault. One pull would be from the northern riser to the vault and the second pull would be from the southern riser to the vault. At the vault location the two cable pulls would be spliced together.
Cable Splicing
Prior to starting the actual splicing, the splice vaults would be outfitted with steel racks that would ensure the cable splices are securely affixed to the vault’s inner walls. A splice trailer would be positioned adjacent to the vault manhole openings, and a mobile power generator would be located directly behind the trailer. The vaults must be kept dry to prevent water or impurities contaminating the unfinished splices. Racking and splicing is estimated to take approximately 2 to 3 days at each vault.
Termination
At the southern end of the underground segment (Option 2), the conductors would transition to overhead on riser poles approximately 120 tall. Self -supporting riser structures require steel -reinforced concrete pier foundations. A typical foundation is about 5 feet to 8 feet in diameter and can range in depth from 20 feet to approximately 35 feet. The concrete foundations extend above the ground -line by 1 or 2 feet in most cases.
4.12.6. Water Use
Water may be used during construction of the drilled concrete pier foundations for the tubular steel poles.
One method to stabilize the hole while it is being excavated is to temporarily fill it with a slurry consisting of water and a stabilizing agent, such as a polymer -blend or bentonite. The water would be transported to the pole location and likely mixed with the stabilizing agent as the water is poured into the excavated hole. As the concrete is placed in the hole, the slurry is displaced by the concre te and pumped out of the hole and into a holding tank. The collected slurry in the tank would then be transported away from the work area to an approved disposal site. For a foundation 8 feet in diameter and 35 feet deep, about 1,758 cubic feet of water would be required at each foundation site.
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4.12.7. Construction Workforce and Equipment
Table 4 -2, Anticipated - Personnel and Equipment Required for Project Construction (based on typical estimates), lists the expected equipment and personnel by construction activity. Not all equipment and personnel may be used during all portions of the activity. This is a preliminary equipment list; other equip- ment may be identified when project design is finalized or during construction if unexpected conditions require additional equipment. Construction of Option 2 would include underground construction, as well as overhead construction, and therefore may use all the equipment listed. Option 1 would only include overhead construction, and therefore would only use the equipment listed as overhead construction.
Designated fueling areas would be identified as part of the final design when project staging areas are identified.
Table 4-2. Anticipated Personnel and Equipment Required for Project Construction (based on typical estimates)
Activity People Quantity of Equipment
Overhead Construction
Survey 1 to 2 1 Pickup truck
Auger Holes for Poles 3 1 Line truck with auger attachment 1 Pickup truck
1 Backhoe or skid loader
Concrete Pier Foundation
Installation
4 1 Line truck
1 Backhoe or skid loader
1 Drill rig
1 Crane
1 Water truck
1 Pickup truck
3 Cement trucks
Material Haul 3 1 Line truck with trailer
Pole Delivery 3 1 Pole delivery truck
1 Pickup or light SUV
Install Tubular Steel Poles 5 per
crew
1 Line truck with boom
1 Crane
2 Crew-cab pick-up truck
1 Light-duty pick-up truck
1 Backhoe or skid loader
Steel Pole Installation and
Transmission/Distribution Pole
Removal (Ground access, per
crew; construction would
include 2 crews)
5 per
crew
2 Crew cab truck
2 Line trucks with bucket and trailer
(transports boom and auger)
1 Backhoe or skid loader
Conductor Installation (includes
moving transmission/distribu-
tion to new pole, up to 3 crews
may be present during wire
stringing activities)
5 per
crew
1 Line truck or semi-truck with
wire reel
2 Pickup trucks
2 Line truck with bucket/crane
1 Line truck with wire puller
1 Line truck with wire tensioner
Substation Modifications
(equipment expected is for
each substation)
3 1 Line truck with bucket
1 Pickup truck
Underground Construction
Underground Delivery and
Set-Up
2 1 Rigging truck
1 Small mobile crane
1 Mechanics truck (as needed)
2 Shop vans
1 Two-ton flatbed truck
Underground Transmission Line 5 per
crew
4 to 10 Pickup trucks
2 Two-ton flatbed trucks
2 Flatbed boom trucks
1 Rigging truck
1 Mechanic truck
1 Winch truck
1-2 Large mobile crane(s)
2 Cable reel trailers
1 Splice trailer (40-foot)
1 Rollers
1 Paver
1 to 3 Portable generators
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Activity People Quantity of Equipment
1 Cable puller truck
2 Cement trucks
2 Shop vans
2 Crawler backhoe
2 Large backhoe
4 Dump trucks
1 Small mobile crane
As needed:
• Air compressors
• Air tampers
• Baker (water) storage tanks
• Pumps
• Shoring boxes
• Tank trucks
4.12.8. Construction Traffic and Circulation
Construction would require temporary lane closures along various public and private roads within the project area over the approximately 14-month construction duration for the overhead alignment (Option 1).
Temporary lane closures would be coordinated with local agencies. SVP would obtain encroachment permits to conduct work in public ROWs in accordance with applicable City requirements. The under - ground alignment for the northern segment (Option 2) would require a longer construction duration and greater traffic control and longer lane closures.
4.12.9. Vegetation Clearance
Some vegetation and tree removal or tree trimming may be required for pole installation and vehicle access and to minimize the risk of fire by providing clearance between conductors and trees. In general, trees would be avoided where feasible; isolated tree trimming, or removal would be coordinated with the property owner or operator. The new transmission line would be routed along the edges of city streets or in the median of Lafayette Street (see Figure 4 -1, Project Overview) where many trees currently ex ist.
Most of the tree trimming would take place between power poles to ensure there is adequate electrical clearance between the conductors and tree branches during all types of weather conditions. The lowest conductor height would be approximately 32 to 40 feet above the ground. In general, trees that are located below the 115 kV transmission line would need to be trimmed so that they are no taller than about 25 feet to 30 feet above ground. Tree branches that are closer than 5 feet vertically or 10 feet horizontally to any conductor or wire (with or without wind) would be trimmed to meet the minimum clearance. The project is being designed to limit tree removal as much as possible and the existing trees are within the 25-30 feet height range.
Trees would also be trimmed to maintain adequate clearance to the lower voltage conductors and various cables that would be attached to the poles below the 115 kV conductors. However, these conductors and cables are existing wires that would be transferre d to the new poles at roughly the same height as their current position; therefore, the route segments that have existing power lines should already have adequate clearance to trees, and tree trimming should be minimal for these segments.
4.12.10. Erosion and Sediment Control and Pollution Prevention A small, temporary stockpile of excavated dirt may be located near a pole hole excavation until it is loaded into a truck and transported offsite or until it is used as backfill for the hole. Stockpiles would be located away from and/or down -gradient of waterways. Sediment control BMPs would be implemented to manage temporary stockpiles.
Construction debris and waste would be transported to the staging area(s) or to an area Service Center as needed for recycling or disposal. Existing wood poles would be removed to an area Service Center or staging area collection bin for transport with other materials for disposal at a licensed Class I or Class II landfill or a composite lined portion of a solid waste landfill. SVP would comply with all laws and regula- tions regarding the disposal of the existing wood and steel poles.
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If underground storage tanks (USTs) or aboveground storage tanks (ASTs) are found to be located along the project route and the route cannot be adjusted to avoid disturbance, the tanks would be removed prior to project construction or segregated from the work area and not disturbed. If it is determined that removal of tanks is necessary, a separate work plan describing the proper decommissioning and removal of the tanks and removal of any associated impacted soil would be prepared prior to removal.
4.12.11. Cleanup and Post Construction Restoration
During construction, construction debris would be picked up daily from line work job site areas and hauled back to a staging area or an area Service Center for recycling or disposal. Construction debris would be picked up from substation construction areas, stored in approved containers on site, and hauled away for recycling or disposal periodically during construction. SVP would conduct a final survey to document that clean-up activities have been successfully completed as required.
Work areas where vegetation management and/or tree trimming occurred are expected to revegetate naturally due to the limited disturbance. If trees are removed, it would likely be because the final condi - tion of the project requires it and not because of temporary construction activities.
4.12.12. Construction Schedule
The construction phase is expected to take approximately 14 months for the overhead option and is anticipated to be completed by early 2028. The underground option would take significantly longer.
Construction would start with mobilizing construction equip ment, crews, and materials to the staging areas. In general, construction would then begin with below grade work (excavating holes for poles and concrete pier foundations) and would be followed by pole installation and wire stringing. Construction sequencing and coordination of power outages may require that some route segments of the line be built first, with the construction of other segments later. All types of construction activities may occur simultaneously.
4.13. Operations and Maintenance
Once the new NRS to KRS 115 kV transmission line is built and energized, SVP’s existing maintenance and operations group would assume inspection, patrol, and maintenance duties, as needed. No additional staff would be required after project construction work is completed.
4.14. Other Permits and Approvals
SVP would obtain permits for the Project, as needed, from federal, State, and local agencies. Table 4 -3, Permits that May be Required for the Proposed Project, lists permits and approvals that may be required for Project construction.
Table 4-3. Permits that May Be Required for the Proposed Project Agency Jurisdiction Requirements
Federal
U.S. Fish and Wildlife
Service (USFWS)
Potential impacts to federally
listed species or critical habitat.
Section 7 consultation (through federal
review process, likely not required)
Federal Aviation
Administration (FAA)
Potential impacts to air traffic An FAA Part 77 Notice would need to be filed for objects affecting navigable airspace,
allows FAA to identify potential hazards in
advance.
Union Pacific Railroad Railroad ROW Railroad encroachment permit NRS-KRS 115 KV TRANSMISSION LINE PROJECT 4. PROJECT DESCRIPTION
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Agency Jurisdiction Requirements
State
Regional Water Quality
Control Board, Region 2
(San Francisco Bay)
Consistency with state water
quality standards
401 Certification
Storm Water Construction General Permit
99-08-DWQ
National Pollutant Discharge and Elimination
System (NPDES) Permit
Waste Discharge Requirements (WDRs)
California Department of
Fish and Wildlife (CDFW)
Protection of state-listed species Incidental Take Permit (likely not required) CDFW Protection of waters of the State 1601/1602 Permits (likely not required) Local/Regional Agencies
City of Santa Clara Construction, modification, or
alteration of power line facilities
New or expanded ROW Grant
Encroachment Permit including Traffic
Control Plans
4.15. Electric and Magnetic Fields Summary
4.15.1. Electric and Magnetic Fields
Recognizing that there is a great deal of public interest and concern regarding potential health effects from exposure to electric and magnetic fields (EMF) from power lines, Appendix G, EMF Report, provides information regarding EMF associated with electr ic utility facilities and the potential effects of the proposed Project. Potential health effects from exposure to electric fields from power lines (produced by the existence of an electric charge, such as an electron, ion, or proton, in the volume of space or medium that surrounds it) are typically not of concern since electric fields are effectively shielded by materials such as trees, walls, etc.; therefore, the majority of the following information related to EMF focuses primarily on exposure to magneti c fields (invisible fields created by moving charges) from power lines. However, this Initial Study does not consider magnetic fields in the context of the CEQA and does not make a determination of environmental impact. This is because (a) there is no agreement among scientists that EMF does create a potential health risk, and therefore, (b) there are no defined or adopted CEQA standards for defining health risk from EMF. As a result, EMF information is presented for the benefit of the public and decisionmakers.
After several decades of study regarding potential public health risks from exposure to power line EMF, research results remain inconclusive. Several national and international panels have conducted reviews of data from multiple studies and state that ther e is not sufficient evidence to conclude that EMF causes cancer. The International Agency for Research on Cancer (IARC), an agency of the World Health Organiza- tion (WHO), and the California Department of Health Services (DHS) both classified EMF as a possible carcinogen (WHO, 2001; DHS, 2002).
In addition, the 2007 WHO [Environmental Health Criteria (EHC) 238] report concluded that:
Evidence for a link between Extremely Low Frequency (ELF, 50 –60 Hz) magnetic fields and health risks is based on epidemiological studies demonstrating a consistent pattern of increased risk for childhood leukemia. However, “…virtually all of the laboratory evidence and the mechanistic evidence fail to support a relationship between low -level ELF magnetic fields and changes in biological function or disease status.…the evidence is not strong enough to be considered causal but sufficiently strong to remain a concern.”
“For other diseases, there is inadequate or no evidence of health effects at low exposure levels.” Currently, there are no applicable regulations related to EMF levels from power lines or substations.
However, due to input received during the public scoping process, this discussion has been added, which NRS-KRS 115 KV TRANSMISSION LINE PROJECT 4. PROJECT DESCRIPTION
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discusses the results and impacts from the EMF study that was prepared. See Appendix F, Scoping Report, for a summary of the comments received during the scoping process, and Appendix G for the EMF Report.
4.15.2. EMF in the Proposed Project Area
Residents near the proposed Project have expressed concerns about the location and the close proximity to their homes of the overhead 115 kV transmission line (See Appendix F, Scoping Report for a summary of comments received). These concerns are focused on the east side of Lafayette Street, near the northern portion of the Project that is proposed in the median of Lafayette Street. SVP does not have adopted practices regarding EMF, so this section discusses general practices regarding EMF as well as guidan ce provided by CPUC as part of General Order 131-D.
Magnetic field strength is a function of both the electric current carried by the wires, and the configuration and design of the three conductors that together form a single circuit of an electric transmission line.
Magnetic field strengths for typical transmission power line loads at the edge of an overhead transmission system right-of-way generally range from 10 to 30 milliGauss (mG) (NIEHS, 2002). Exposure to EMF occurs in the community from sources other than electric transmission lines. Research on amb ient magnetic fields in homes indicates that levels below 0.6 mG could be found in half of the studied homes in the centers of rooms, and that the average levels in the homes away from electrical appliances was 0.9 mG.
Immediately adjacent to appliances (within 12 inches), median field values are much higher, for example:
4 to 8 mG near electric ovens and ranges, 20 mG for portable heaters, or 60 mG for vacuum cleaners (NIEHS, 2002).
Table 4-4. Estimated Magnetic Field Data for Household Electronics Item Magnetic Field Measurements at 1 foot distance* (mG) Ceiling Fans 3 to 30
Electric Ovens 4 to 5
Electric Ranges 8 to 30
Electric Can Opener 40 to 300
Microwave Ovens 4 to 200
Washing Machines 7 to 30
Portable Heaters 20 to 40
Vacuum Cleaners 60 to 200
Source: NIEHS 2002
* Values shown are presented for the median EMF value, to the highest EMF value.
SVP has prepared an EMF Study, included as Appendix G to this IS/MND, which presents calculations conducted along the proposed Project route to estimate the magnetic fields strength when measured 1 meter above ground at various distances, ranging from directly underneath to 60 feet away, from the proposed route centerline. The EMF study analy zes the existing conditions of currently operating power facilities, as well as future conditions after installation of the proposed transmission line. The EMF values presented represent the highest expected magnetic field strength for all conditions represented in each segment. Due to this, only Option 1, Overhead, was analyzed in the EMF report, because EMF values are lower for buried transmission lines, especially for lines that would be buried deeper than 5 feet.
The impacts of EMF from the proposed Project are described based on load data for existing conditions (2024) and 2028, when the Project would be energized.
The EMF study breaks the Project into 19 segments for analysis. Segments 1 through 6 are the nearest segments to residential land uses, so this discussion will focus on those segments, as this is where the most sensitive receptors are located. Additionally, the majority of the scoping comments came from NRS-KRS 115 KV TRANSMISSION LINE PROJECT 4. PROJECT DESCRIPTION
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residents located to the east of the line, so the data in Table 4-4, below is presented for locations 60 feet to the east of the Project’s centerline. See Appendix G for more details on the methodology used and the full set of data.
Table 4-5. Estimated Magnetic Field Data for Sensitive Receptor Community to East of Project Segment Existing 2024 Future 2028
Normal Load (mG) Peak Load (mG) Normal Load (mG) Peak Load (mG) 1 0.0 0.0 16.0 20.0
2 6.4 8.0 14.3 17.9
3 0.9 1.1 14.2 17.7
4 0.4 0.5 13.5 16.8
5 1.8 2.3 11.9 14.8
6 1.8 2.3 11.9 14.9
Source: Appendix G, EMF Report
Notes:
1. "Peak Load" is defined as 100% of the estimated peak load as reported by SVP under typical system operations. "Normal Load" is defined as 80% of the estimated peak load.
2. The Magnetic Field Values are the estimated resultant RMS magnetic field at 60 feet east from Project centerline, at a height of 1 meter above the ground.
As shown in Table 4-4, the Proposed Project, operating at Peak Load, would result in an increase of EMF ranging from approximately 10 mG (in segment 2) to 16 mG (in segment 3). Operating at normal load, this increase would range from approximately 8 mG (in segment 2) to 16 mG (in segment 1).
As stated above, there is no defined or adopted threshold for EMF impacts, since there is no agreement among scientists that EMF creates a potential health risk. However, comparing the estimated EMF values of average household appliances presented in Table 4 -4, with the EMF values presented in Table 4 -5, reveals that the EMF values present within homes can exceed the amount of EMF that is emitted at the edge of the right of way.
4.15.3. EMF Management Plan for the Proposed Project
The proposed Project is not required to mitigate EMF. However, due to extensive public concern, SVP has reviewed the recommendations by the CPUC for EMF Design Guidelines (CPUC 2006). The CPUC requires utilities to implement “no-cost” and “low-cost” measures to reduce public exposure to EMF. Although SVP is not required to follow CPUC guidelines, SVP has agreed to implement the EMF Design Guidelines below in the project to the extent feasible to reduce EMF within residential areas.
The EMF Design Guidelines include the following measures, any or all of which may be selected to reduce the magnetic field strength levels from the proposed transmission line:
Increasing the distance from electrical facilities by:
• Increasing structure height or trench depth
• Locating power lines closer to the centerline of the corridor Reducing conductor (phase) spacing; and
Phasing circuits to reduce magnetic fields.
Final engineering of pole locations and pole spacing would include seeking opportunities to strategically reduce EMF through implementation of the measures listed above.
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4.16. Alternatives
The purpose of an alternatives analysis pursuant to CEQA is to identify options that would feasibly attain the project’s objectives while reducing the significant environmental impacts resulting from the proposed Project. CEQA does not require the inclusion of an alternatives analysis in a Mitigated Negative Declaration because the Initial Study conclude d that, with incorporation of mitigation measures, there would be no significant adverse impacts resulting from the proposed Project (CEQA Guidelines Sections 15063(d) and 15071). Therefore, no alternatives analysis is provided.
However, in developing the proposed Project, SVP did consider multiple possible route alternatives and options in the project area that would achieve the project objectives. The proposed Project was chosen for the following reasons:
1. the chosen route options have good reliability from an operational and power delivery perspective;
2. the selected route options best meet the objectives of the project, including schedule considerations, by transferring the power flow from the various substations to the desired transmission line circuit(s);
3. the chosen route options have fewer engineering design challenges and fewer permitting challenges than the other possible routes; and
4. the route options provide the best solutions for avoiding construction that is outside of City ROW, near the San Jose International Airport or along the railroad ROW.
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5. ENVIRONMENTAL ANALYSIS
5.1. Aesthetics
AESTHETICS
Except as provided in Public Resources Code Section 21099, would the project:
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(a) Have a substantial adverse effect on a scenic vista? ☐ ☐ ☒ ☐ (b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway?
☐ ☐ ☐ ☒
(c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its sur round- ings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regu- lations governing scenic quality?
☐ ☐ ☒ ☐
(d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
☐ ☐ ☒ ☐
Significance criteria established by CEQA Guidelines, Appendix G.
5.1.1. Setting
The evaluation of aesthetics under CEQA considers the visual aspects of a project and how they affect the visible environment in which they are proposed to be placed. This aesthetics section describes the existing visual character of the Project area, the visual char acteristics of the proposed Project, and the visual changes that would be associated with the construction and operation of the Project.
Regional Context. The Project would install an approximately 2.24-mile-long transmission line in the City of Santa Clara. The line would extend from SVP’s Northern Receiving Station (NRS) on Centennial Boulevard southeast of Levi’s Stadium to SVP’s Kifer Receiving Station (KRS) on Lafayette Street between the Bayshore Freeway (US 101) and the Central Expressway. The majority of the route would be along Lafayette Street and Bassett Street except where it approaches KRS, where the alignment would cross over Hwy 101 to reach K RS on the south side of the freeway. Two options are being considered for the line. Under Option 1 the line would be entirely overhead on tubular steel poles. Under Option 2, the line would be underground for 0.74 miles, from NRS south to Agnew Road, where it would return to aboveground and continue to KRS on tubular steel poles. The only difference in the options is on Lafayette Street between NRS and Agnew Road, where the alignment would be either overhead or underground.
South of Agnew Road the alignment would be overhead under both options.
5.1.1.1. Methodology
Visual or aesthetic resources are the visible natural and cultural features that contribute to the public’s enjoyment of the viewed environment. Visual or aesthetic impacts are generally defined in terms of a project’s physical characteristics and potential visibility and the extent that the project’s presence would change the visual character and quality of the environment in which it would be located.
Visual resources at and near the Project site and potential visual changes due to project activities were evaluated. Visual resources of the project area were investigated based on the following criteria: (1) existing visual quality and scenic attributes of the landscape; (2) location of sensitive receptors in the landscape; (3) assumptions about receptors’ concern for scenery and sensitivity to changes in the landscape; (4) the magnitude of visual changes in the landscape that would be brought about by construction and operation of NRS-KRS 115 KV TRANSMISSION LINE PROJECT 5.1. AESTHETICS
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the proposed Project; (5) the extent to which changes would be visible and the duration of views, and (6) compliance with State, County, and local policies for visual resources. The evaluation of potential changes in the area’s visual character is presented below.
5.1.1.2. Existing Landscape Setting and Viewer Characteristics This section discusses the existing visual character of the region, existing visual quality in the Project area, and viewer concern and exposure to the proposed Project, leading to a rating of overall visual sensitivity.
Also discussed are the existing sources of light and glare within the project area.
Aesthetic Context of the Project and Vicinity. Viewers of the Project would be primarily motorists on Lafayette Street, workers and patrons at commercial and light industrial facilities along the street, and residences fronting on Lafayette Street.
As shown in Figure 4-1, the proposed Project would be located at existing substation properties and along an existing road network in an urbanized area of the City. The figure also shows other existing transmission lines in the area. The project vicinity is highly developed, with primarily residential properties (apartments and townhouses) along the northern end of the alignment and primarily commercial and light industrial properties along the southern end of the alignment.
The Project originates at NRS. Levi’s Stadium and tall tubular steel transmission towers are dominant visual features at and around NRS. The upper portions of existing poles and other structures within NRS are visible behind a surrounding wall. The NRS is bounded on the north by a fence and landscaping separating it from the San Francisco 49ers training facilities and Levi’s Stadium. On the west side of NRS is a fence, a parking lot with storage facilities, water tanks, and San Tomas Aquino Creek. To the east, the NRS site is within a masonry wall with a parking area outside of the wall. A rail line, Lafayette Street, and residences are farther east, with the housing approximately 225 feet from the substation wall. On the south side of NRS is a masonry wall, with an 80-foot underground water utility right-of-way separating the NRS wall and the rear of residences on Gianera Street. The residences to the east and south face away from the NRS, with access by way of interior roads.
The transmission line from NRS would extend south along Lafayette Street, which is 4 lanes wide with a me
dian divider and a fenced rail line on its west side. Figure 5.1-1 shows the view looking north from near an existing pole outside of the wall surround ing NRS. The slightly elevated rail line is fenced off, and an existing tubular steel pole located on the east side of Lafayette Street is visible in the center of the image.
Overhead street lighting on tubular poles is also located along the east and west sides of the street. At controlled intersections, arms supporting traffic signals and street signs are free standing or extend from the light standards. Just south of NRS, the rail line and Lafayette Street are separated from residences to the west by existing vegetation and an approximately 12 -foot-high wall. Figure 5.1 -2 shows the wall separating the rail line and Lafayette Street from the residences west of the Project alignment in this area.
This barrier extends approximately 0.5 miles from NRS to 2nd Street near Agnew Road. On the east side of Lafayette Street are residential areas that primarily back on the street and are separated from the street by fencing and vegetation. Existing wooden poles on the east side of Lafayette Street between NRS and Hogan Street support a distribution line and underbuilt communication lines on wooden poles. At Hogan Street the distribution line transitions to underground and the communication lines continue for another approximately 300 feet. At Payne Lane, the distribution line emerges from underground and continues south on wooden poles on the east side of the street. Between NRS and Eisenhower Street most residences along the east side of Lafayette Street do not front on the street; t heir rear or side yards face Lafayette Street. South of Hope Drive the existing distribution line again transitions underground. Nearing Agnew Road, multi-story apartment and condominium buildings face Lafayette Street on the east side of the street but are s et back approximately 30 feet from the curb , often with trees or other landscaping between the buildings and the street. At Agnew Road and Lafayette Street, existing overhead lines enter NRS-KRS 115 KV TRANSMISSION LINE PROJECT 5.1. AESTHETICS
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and exit Palm Substation on two existing tubular steel poles. The substation is surrounded by a concrete block wall. South from the substation, the existing transmission lines continue on tall wooden poles on both sides of Lafayette Street, continuing over Montague Expressway and leading to the KRS. Commercial land uses are also intermixed on the east side of Lafayette Street south of Agnew Road.
Under Option 1, tubular steel poles would be installed in the median of Lafayette Street, from NRS to the intersection of Lafayette Street and Agnew Road. After this point, the transmission line would transition to the east side of Lafayette Street and enter Bassett Street and continue south.
Under Option 2, the alignment would begin overhead at NRS to the median of Lafayette Street where it would transition underground in the median of Lafayette Street continuing south to the intersection of Lafayette Street and Agnew Road. The alignment would transition to overhead just south of the intersection of Lafayette Street and Agnew Road, on the east side , then continue overhead to KRS. The underground duct bank for the transmission line would be at least 6 feet below grade at the top of the duct bank. It would be constructed using cut and cover techniques, with the duct work constructed in an open trench and then covered and the ground surface restored to its previous condition. Vaults to provide access to the ducts would be located along its length. In some locations, such as south of the intersection of Lafayette Street and Agnew Road, existing lower voltage circuits would be attached to the new NRS-KRS poles and existing poles would be removed.
Figure 5.1-3
illustrates the placement of poles in the median of Lafayette Street under Option 1. Typical distance between poles is approximately 350 feet, depending on final engineering. The poles would be approximately 85 to 150 feet tall. Tangent struct ures supporting the line would be generally 2 feet to 4 feet in diameter, while dead-end poles would be 4 feet to 6 feet in diameter. The bird’s eye view in Figure
5.1-3 if looking north from near Hope Drive at Lafayette Street toward NRS and Levi’s Stadiu m and illustrates how the 115 kV poles would appear in the existing urban setting. In some locations, such as south of the intersection of Lafayette Street and Agnew Road, existing lower voltage circuits would be attached to the new NRS-KRS poles and some existing poles would be removed. The poles to be removed would be determined during final engineering. As shown in Figure 5.1 -3, many of the residences on the west side of Lafayette Street are screened from the street by an existing wall separating them fr om the rail line. On the east side of the street, the majority of residents along the street would have views of the poles from their side or rear windows. The final positioning of poles (approximately 300 feet apart) would determine which units would be facing a pole.
For both Option 1 and Option 2, the remainder of the line would be built overhead. South of Agnew Road, the overhead line would be located on the east side of Lafayette Street. To the east is Agnews Historic Park and associated office uses set back from th e road, with most of the area closest to Lafayette Street used for parking. To the west, Lafayette Street is separated from residences by the rail line, a sparsely vegetated open area, and a local street parallel to Lafayette Street. These residences are a pproximately 200 feet from the Lafayette Street median.
The alignment continues on the east side of Lafayette Street until it is just north of the Montague Expressway, where it would transition to the west side of Lafayette Street and cross over the expressway on taller poles and continue on the west side of Ba ssett Street and the rail line, extending south along Bassett Street, which parallels Lafayette at this location. Figure 5.1 -4 is an image from Bassett Street looking north. The rail line, with Lafayette Street beyond are visible through the overpass supports. Along Bassett Street to the west are commercial or light industrial uses. To the east, on the east side of Lafayette Street is a mix of residential, commercial and light industrial uses. Bassett Street and the transmission line turn south through an area of commercial and light industrial uses before the transmission line crosses over US 101 (Bayshore Freeway) and enters KRS.
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The proposed Project is not located in an area designated as a protected scenic resource and is therefore not subject to scenic protection standards. In addition, the proposed site is not located near an officially designated scenic highway (Caltrans, 2021).
Existing Views in the Project area. Potential views of the proposed Project are often limited by the existing structures, walls, and vegetation along the alignment. The most prominent views would be to motorists on Lafayette Street. NRS and KRS are behind screening walls and set back from nearby roads.
These facilities are already visual elements of the local viewscape, as is the rail line and the existing trans- mission lines, communication lines, street lighting, and traffic signals found along the route. The few additional poles and structures needed between the NRS and KRS facilities to accommodate the transmission line would be consistent with, and similar to those poles and structures already in place.
However, with the overhead option, the tall tubular steel poles would be in the street median for much of the route. Distant v iews of the proposed transmission line itself would be limited by the presence of buildings and vegetation which would screen views from most locations perpendicular to the alignment. (In particular, see Figures 5.1-2 and 5.1-3). The visual complexity of this urban setting includes transport - ation infrastructure (roads and a rail line), vertical elements (existing poles , lighting, traffic signals , and signs), and buildings. Motorists on Lafayette Street would view the new poles in the context of a devel- oped complex urban environment , and their experience would be fleeting as they drive. For residences fronting on Lafayette Street, the poles and conductor would be a more prominent visual experience, but the poles would be widely space d with conductors relatively high (lowest conductor is 60+ feet in this area) and would not represent a substantial change in the existing urban visual context. In most cases the poles would be only visible to motorists and pedestrians on Lafayette Street and to residents with views out their rear or side windows.
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Figure 5.1-1. View Near NRS looking North
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Figure 5.1-1
View Near NRS looking North
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Figure 5.1-2. Wall Separating Residences and Lafayette Street
Underground
Existing
Rebuilt
Figure 5.1-2
Wall Separating Residences and Lafayette Street
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Figure 5.1-3. Bird’s Eye Illustration of Project Poles on Lafayette Street
Kifer
Receiving
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Figure 5.1-3
Bird's Eye Illustration of Project Poles on Lafayette Street NRS-KRS 115 KV TRANSMISSION LINE PROJECT 5.1. AESTHETICS
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Figure 5.1-4. View from Bassett Street of Crossing at Montague Expressway
Kifer
Receiving
Station
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Figure 5.1-4
View from Bassett Street of Crossing at Montague Expressway NRS-KRS 115 KV TRANSMISSION LINE PROJECT 5.1. AESTHETICS
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Regulatory Background
This section includes a description of the aesthetic resources’ regulatory framework. There are no federal or state regulations or policies related to aesthetic resources applicable to the Project.
Local
City of Santa Clara General Plan. The City’s land use policies consider the effects of development to public facilities and infrastructure. The following policies in the General Plan generally relate to the proposed Project (City of Santa Clara, 2014):
Policy 5.3.1-P27. Encourage screening of above-g round utility equipment to minimize visual impacts. Policy 5.3.1-P28. Encourage undergrounding of new utility lines and utility equipment throughout the City.
Policy 5.3.1-P29. Encourage design of new development to be compatible with, and sensitive to, nearby existing and planned development, consistent with other applicable General Plan policies.
5.1.2. Environmental Impacts and Mitigation Measures
Visual Impact Assessment Methodology
This visual analysis considered visual sensitivity and visual change to assess the visual effects of the proposed Project on the existing urban landscape. This approach includes a characterization of the visual sensitivity of the existing landscape, the characteristics of existing visual changes occurring and apparent in the landscape, and the characteristics of the proposed Project.
Visual sensitivity consists of three com ponents: visual quality, viewer concern, and viewer exposure.
Visual quality notes the existing built structures and natural landscape features that contribute to overall visual quality. Viewer concern can be described as the personal expectations for the landscape that are held by the viewing public. Viewer exposure also affects a landscape’s overall visual sensitivity. Landscapes that have very low viewer exposure, based on visibility, viewing distance, number of people who view the landscape, or duration of time that the landscape can be viewed, will tend to be less sensitive to overall visual change. Landscapes with higher viewer exposure are more sensitive to overall visual changes.
Overall visual sensitivity can be rated as Low, Moderate, or High.
Project-induced visual change could result from aboveground facilities, vegetation removal , component size or scale relative to existing landscape characteristics, and the placement of project components relative to existing developed features. Visual change can also be affected by the degree of available screening by vegetation, landforms, and/or structures; distance from the observers; atmospheric condi - tions; and angle of view. Visual change describes the degree of actual visible change introduced by a project. The fundamental elements of visual change include visual contrast, visual dominance, and scenic view obstruction. Components of visual change include contract, dominance, and obstruction. Visual contrast refers to visual discrepancies of form, line, color, or texture of a project against the existing land- scape. Visual dominance refers to the degree to which this contrast would demand the attention of casual viewers. Scenic view obstruction refers to the degree to which the project would block or intrude upon scenic view corridors, particularly those identified in public policies. Overall visual change is rated on a scale of Low, or Moderate, or High.
Given the highly developed and complex visual environment within which the Project would occur, the visual sensitivity along the alignment is considered low to moderate. The spacing of visual elements (poles), the limited duration of views by motorists, and the limited number of views from residences results in the visual change being low to moderate.
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In addition, the Project is evaluated for conformance with applicable local plans and policies. Adopted expressions of local public policy pertaining to visual resources are given great weight in determining both visual quality and viewer concern.
The determination of which aesthetic changes cross a threshold of “substantial adverse effect” or degradation is based upon the criteria described above and in Table 5.1 -1, Visual Impact Significance Criteria. This table was used primarily as a consistency check, as determinations of visual sensitivity and visual change were based primarily on analyst experience and site-specific circumstances.
Implicit in this rating methodology is the acknowledgment that for a visual impact to be considered signi- ficant two conditions generally exist: (1) the existing landscape is of reasonably high quality and is rela - tively valued by viewers; and (2) the perceived incompatibility of one or more elements or characteristics of the project tends toward the high extreme, leading to a substantial reduction in visual quality.
Table 5.1-1. Visual Impact Significance Criteria
Visual
Sensitivity
Visual Change
Low Low to Moderate Moderate Moderate to High High
Low No impact1 No impact Less Than
Significant2
Less Than
Significant Less Than Significant
Low to
Moderate No impact Less Than
Significant
Less Than
Significant
Less Than
Significant
Less Than Significant
with Mitigation
Incorporated3
Moderate Less Than
Significant
Less Than
Significant
Less Than
Significant
Less Than
Significant with
Mitigation
Incorporated
Less Than Significant
with Mitigation
Incorporated
Moderate to
High
Less Than
Significant
Less Than
Significant
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant with
Mitigation
Incorporated
Potentially
Significant Impact4
High Less Than
Significant
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant with
Mitigation
Incorporated
Potentially
Significant
Impact4
Potentially
Significant Impact
1 No Impact – Impacts may or may not be perceptible but are considered minor in the context of existing landscape char acter- istics and view opportunity.
2 Less Than Significant – Impacts are perceived as negative but do not exceed environmental thresholds. 3 Less Than Significant with Mitigation Incorporated – Impacts are perceived as negative and may exceed environmental thresh- olds depending on project and site-specific circumstances but are Less Than Significant with mitigation incorporated. 4 Potentially Significant Impact – Impacts with feasible mitigation may be reduced to levels that are not significant or avoided all together. Without mitigation, significant impacts would exceed environmental thresholds.
Aesthetics Impacts
(a) Would the project have a substantial adverse effect on a scenic vista? LESS THAN SIGNIFICANT IMPACT. The flat topography and developed character of this part of the City does not provide scenic vistas, which typically are views of open spaces or views from elevated topographic posi - tions. The nearest mountains or areas of high elevation that would provid e panoramic views that could include the Project site are over 5 miles away. Views from these locations would overlook the highly devel- oped urban landscape, within which the transmission line would be indiscernible among the buildings, trees, and existing power lines in the city. The project elements are consistent with the visual character of a highly developed urban area and are similar in nature to existing transmission infrastructure in the NRS-KRS 115 KV TRANSMISSION LINE PROJECT 5.1. AESTHETICS
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City, which results in a low level of visual change to the Project would therefore result in a less than significant impact to a scenic vista.
(b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? N
O IMPACT. The proposed Project would require vegetation and limited tree removal or trimming. The Project site is not near or visible from a scenic highway. Based on these conditions, there would be no impacts to scenic resources within a State scenic highway. (c) In non-u rbanized areas, would the project substantially degrade the existing visual character or quality of the public views of the site and its surroundings? (Public views are those that are experi- enced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? LESS THAN SIGNIFICANT. The Project is in a highly urbanized area with primarily residential, light industrial, and low intensity office/R&D land uses, as defined in the City’s General Plan. The transmission line alignment would follow existing roads and a rail line.
In the short term, the presence of equipment and vehicles may be noticeable to the nearby residences, businesses, and persons using local roads. However, construction activities would be temporary.
Some tree removal or trimming overhanging vegetation may be required to accommodate the Project and comply with safety requirements. During the final Project development processes, in consultation with the City arborist or City-designated arborist, it would be determined what specific trees may need to be removed for the Project or that with special protection measures are needed, such as by adjusting a pole location, to avoid a tree removal. Initial evaluation indicates that for Option 1 (Overhead), an est i- mated 2 trees would need to be removed and 33 trees pruned. Under Option 2 (Partial Underground), an estimated 2 trees may need to be removed and 32 trees pruned. SVP consults with the City arborist to determine whether trees need to be replaced and where any replacements would be located. Vegetation removal and trimming would not be a significant change within the overall landscape, due to the highly urbanized character of area, which is dominated by buildings, infrastructure, and roadways.
The proposed Project would be consistent with applicable zoning, regulations and the applicable policies of the City of Santa Clara General Plan, as noted in Section 5.1.1 and in Section 5.11 (Land Use); thus, the impact would be less than significant.
(d) Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
L
ESS THAN SIGNIFICANT. Construction activities would occur during daylight hours and would not include nighttime work that would necessitate the use of lighting within work areas. The surfaces of new struc - tures and enclosures would be non -reflective and would not create glare. This would include poles, conductors, and any required ancillary equipment such as transformers or switchgears. The substations are existing facilities with existing lighting. The streets along the alignment have existing street lighting and adjacent buildings have private residential and commercial lighting.
There is existing lighting from the residential, commercial, and industrial developments along the project alignment. No new lighting is expected to be required by the Project. However, if new lighting were required due to the Project’s proximity to the airport, it would occur in the vicinity of the KRS, extending north of Bayshore Freeway. This lighting would be minimal and would be intended to be viewed from an airplane for safety reasons. The visual change would be low, because of existing sources of lig ht in the area, and it would not create a new source of substantial light. Final required lighting would be subject to final design and FAA review. If required during construction, any lighting would be minimal and would not adversely affect the day or nighttime views in the area for an extended period, therefore, the impact would be less than significant.
NRS-KRS 115 KV TRANSMISSION LINE PROJECT 5.2. AGRICULTURE AND FORESTRY RESOURCES