Nationwide Retirement Solutions
Employer Data Sheet
Plan Type
Employer Information (required)
Payroll Center Information
Provide information on page 2 if more than one payroll center exists and separate payroll confirmations are desired.
Asterisk (*) Indicates that the field is required.
Payroll Center Contact:
Name*: Title:
Phone: Fax: Email*:
Is this person also a Loan Contact? c Yes c No If No, provide Loan Contact information (if applicable).
Loan Contact (if different from Payroll Center Contact):
Name*: Title:
Phone: Fax: Email*:
Payroll Center Address*:
Street Address*:
City*: State*: ZIP*:
Frequency of Payroll Deductions*: c Weekly c Bi-Weekly c Semi-Monthly c Monthly c Other:
Contribution Type*: c Percentage c Dollar Amount Number of Payroll Centers*: (up to 4) Will Payroll Center furnish detail on web-based app? c Yes c No Contributions must be remitted to Nationwide as frequently as deductions are made. OBRA Payroll Data must be segregated from the payroll data for your voluntary 457 deferred compensation plans.
Unforeseeable Emergency/Hardship Requests (if permitted) Who will review and make determinations for Unforeseeable Emergency requests? c Nationwide c The Employer If the Employer will make these determinations, please indicate the names and titles of the individuals authorized to review.
Name: Title:
Name: Title:
Please Select One: c NACo c USCM c IAFF-FC Program c Other Please Select One: c 457(b) c 401(a) c 401(k) c 403(b) c OBRA Select Only if Applicable to Plan: c Morningstar Investment Fiduciary Program Employer Name:
Nationwide Plan Number:
Plan Name:
Physical Address:
Street Address:
City: State: ZIP:
Mailing Address (for priority/overnight):
F Same as Physical Address (if not, complete below)
Street Address:
City: State: ZIP:
Employer Contact:
Name: Title:
Phone: Email:
Number of Eligible Employees: Employer Tax ID Number (from W-2):
DC-2038 (02/2021) For help, please call 1-877-677-3678 nrsforu.com Additional Payroll Center Information
Provide additional payroll center information when separate payroll confirmations are desired for each payroll center.
Asterisk (*) indicates that the field is required.
Payroll Center #2:
Payroll Center Contact:
Name*: Title:
Phone: Fax: Email*:
Is this person also a Loan Contact? c Yes c No If No, provide Loan Contact information (if applicable).
Loan Contact (if different from Payroll Center Contact):
Name*: Title:
Phone: Fax: Email*:
Payroll Center Address*:
Street Address*:
City*: State*: ZIP*:
Frequency of Payroll Deductions*: c Weekly c Bi-Weekly c Semi-Monthly c Monthly c Other:
Contribution Type*: c Percentage c Dollar Amount
Will Payroll Center furnish detail on web-based app? c Yes c No Payroll Center #3:
Payroll Center Contact:
Name*: Title:
Phone: Fax: Email*:
Is this person also a Loan Contact? c Yes c No If No, provide Loan Contact information (if applicable).
Loan Contact (if different from Payroll Center Contact):
Name*: Title:
Phone: Fax: Email*:
Payroll Center Address*:
Street Address*:
City*: State*: ZIP*:
Frequency of Payroll Deductions*: c Weekly c Bi-Weekly c Semi-Monthly c Monthly c Other:
Contribution Type*: c Percentage c Dollar Amount
Will Payroll Center furnish detail on web-based app? c Yes c No Payroll Center #4:
Payroll Center Contact:
Name*: Title:
Phone: Fax: Email*:
Is this person also a Loan Contact? c Yes c No If No, provide Loan Contact information (if applicable).
Loan Contact (if different from Payroll Center Contact):
Name*: Title:
Phone: Fax: Email*:
Payroll Center Address*:
Street Address*:
City*: State*: ZIP*:
Frequency of Payroll Deductions*: c Weekly c Bi-Weekly c Semi-Monthly c Monthly c Other:
Contribution Type*: c Percentage c Dollar Amount
Will Payroll Center furnish detail on web-based app? c Yes c No
DC-2038 (02/2021) For help, please call 1-877-677-3678 nrsforu.com Departmental Information (if applicable)
Use this page to establish Departments.
Asterisk (*) indicates that the field is required.
Double Asterisk (**) indicates that the field is required for Departmental Recordkeeping Plans.
Will Plan use Departmental Recordkeeping? c Yes c No
1. Department Name*: Department ID*:
Department Contact:
Name*: Title:
Phone: Fax: Email:
Department Physical Address*:
Street Address*:
City*: State*: ZIP*:
Department Mailing Address: c Same as Physical Address (if not, complete below) Street Address:
City: State: ZIP:
Associated Pay Center (If not indicated, default Pay Center will be used)*:
Allow Department for all Plans?** c Yes c No Default Department (limit one per Plan)?** c Yes c No Payroll Frequency (if Pay Center has multiple; select one)**:
c Weekly c Bi-Weekly c Semi-Monthly c Monthly c Other:
2. Department Name*: Department ID*:
Department Contact:
Name*: Title:
Phone: Fax: Email:
Department Physical Address*:
Street Address*:
City*: State*: ZIP*:
Department Mailing Address: c Same as Physical Address (if not, complete below) Street Address:
City: State: ZIP:
Associated Pay Center (If not indicated, default Pay Center will be used)*:
Allow Department for all Plans?** c Yes c No Default Department (limit one per Plan)?** c Yes c No Payroll Frequency (if Pay Center has multiple; select one)**:
c Weekly c Bi-Weekly c Semi-Monthly c Monthly c Other:
3. Department Name*: Department ID*:
Department Contact:
Name*: Title:
Phone: Fax: Email:
Department Physical Address*:
Street Address*:
City*: State*: ZIP*:
Department Mailing Address: c Same as Physical Address (if not, complete below) Street Address:
City: State: ZIP:
Associated Pay Center (If not indicated, default Pay Center will be used)*:
Allow Department for all Plans?** c Yes c No Default Department (limit one per Plan)?** c Yes c No Payroll Frequency (if Pay Center has multiple; select one)**:
c Weekly c Bi-Weekly c Semi-Monthly c Monthly c Other:
ACTION BY THE GOVERNING BOARD
ADOPTION OF QUALIFIED RETIREMENT PLAN
The undersigned, on behalf of the Governing Board, hereby certifies that at a meeting of the Governing Board of City of Santa Clara (“Employer”), the following resolutions were approved:
WHEREAS, after review and evaluation by the Governing Board, the Employer has decided to adopt the City of Santa Clara 401(a) Plan (“Plan”), a qualified retirement plan, for the benefit of its eligible employees; and WHEREAS, the Employer wishes to appoint Nationwide Trust Company, FSB as Trustee(s) of the Plan.
NOW, THEREFORE, BE IT RESOLVED that the Employer hereby adopts the Plan, to be effective on 1-1-2025; RESOLVED FURTHER that the undersigned members of the Governing Board authorize the execution of the Plan document and authorize the performance of any other actions necessary to implement the adoption of the Plan. The members of the Governing Board may designate any members of the Governing Board (or other authorized person) to execute the Plan document and perform the necessary actions to adopt the Plan. The Employer will maintain a copy of the Plan, as approved by the members of the Governing Board, in its files; RESOLVED FURTHER that the Employer will act as administrator of the Plan and will be responsible for performing all actions necessary to carry out the administration of the Plan. The Employer may designate any other person or persons to perform the actions necessary to administer the Plan; and RESOLVED FURTHER that Plan participants shall be provided with a summary of the Plan provisions within a reasonable period of time following the adoption of the Plan.
The undersigned hereby certifies that he/she is an Authorized Representative of the Employer and that the foregoing is a true record of a resolution duly adopted at a meeting of the Governing Board, and that said meeting was held in accordance with state law and the Bylaws of the above-named Employer.
IN WITNESS WHEREOF, I have executed my name below as an Authorized Representative of the Employer.
Authorized Representative / Date
ACCEPTANCE OF SPECIAL TRUSTEE
I, the undersigned, accept the appointment as Special Trustee of the_________________________________________(Plan), and agree to all of the obligations, responsibilities and duties imposed upon the Special Trustee under the Plan and Trust. The sole responsibility of the Special Trustee is to collect contributions owed to the Plan. No other Trustee has the responsibility to collect contributions owed to the Plan.
SPECIAL TRUSTEE DATE SIGNED
NRF-0907AO (06/21)
TITLE: Special Trustee for the collection of contributions NRF-0447AO.3 (07/2022) For help, please call 1-877-496-1630 nrsforu.com
This form is used to elect a default fund for automatic enrollment purposes or when participant investment direction is not provided. Please see your fund lineup for a list of choices.
Plan Information
Form Action (select one)
QDIA/DIA Election - continued on the next page
Select one option below:
F Option 1 - Target Date Fund Group Option:
Fund Group, Target Retirement Age, and Rounding Method are all required fields if this option is selected.
Target Date Fund Group Name:
See Options 4 or 5 on Page 2 of this form to select a Collective Investment Trust Fund as QDIA/DIA.
Rounding Method and Target Retirement Age (select one):
F Round up to the more conservative fund
F Round down to the more aggressive fund
F Round Nearest – Round to the closest fund
Specify the Target Retirement Age below (The Target Retirement Age specified should be between ages 55 and 70.
The Target Retirement Age specified below is only used for the purpose of determining the appropriate Target Date fund. If the Target Retirement Age is specified in the Plan Document, please use this age below):
Target Retirement Age: (must be a whole number)
F Option 2 - Balanced/Other Fund Option:
A balanced or other similar fund may be selected for either a QDIA or DIA.
Fund Name:
F Option 3 - ProAccount Option (if offered by your plan):
If this option is selected, the holding fund named immediately below will be utilized as a temporary investment for contributions while the Managed Account is being established with the Money Manager.
Holding Fund Investment Name:
Effective Date:
NOTE: If no date is selected, this feature will be activated as soon as administratively possible following the receipt of this properly completed form.
F Option 4 - Collective Investment Trust Funds Only - Target Date Series of Funds (not available for 403(b) plans or IRAs):
NOTE: Before selecting a Collective Investment Trust Fund group, contact Nationwide at 1-877-496-1630 to determine if your Plan allows Collective Investment Trusts.
Select CIT Group Only
CIT Group Name:
Nationwide Retirement Solutions
Qualified Default Investment Alternative/
Default Investment Alternative Election Form
F Add a Qualified Default Investment Alternative (QDIA) Option - ERISA F Add a Default Investment Alternative (DIA) Option - Non-ERISA F Change the QDIA/DIA Option
F Remove the QDIA/DIA Option* - If selected, no elections need to be made. Please just sign and return the form. *I understand that by removing the QDIA, I, as Plan Sponsor, will no longer be afforded the fiduciary relief provided by DOL Reg. §2550.404c-5.
Plan Name: Plan ID:
NRF-0447AO.3 (07/2022) For help, please call 1-877-496-1630 nrsforu.com Available Vintages Write in Name of Fund
In Retirement Fund
2025 Fund
2030 Fund
2035 Fund
2040 Fund
2045 Fund
2050 Fund
2055 Fund
2060 Fund
2065 Fund
Default Investment Alternative (DIA) - continued
F Option 5 - Collective Investment Trust Hybrid Option (not available for 403(b) plans or IRAs):
Need to account for all vintages plus Retirement Fund. Vintages cannot overlap (Example: Can’t have two 2025 Vintages or two Retirement Funds)
QDIA/DIA Option Disclosures
As Sponsor, I authorize Nationwide Trust Company, FSB or Nationwide Life Insurance Company (Nationwide) to allocate the plan participant’s contributions to the QDIA/DIA Option selected above.
Deposits received by Nationwide on behalf of participants must have a valid and accurate social security number for each participant. Nationwide will process any deposit with an inaccurate social security number following their process when the deposit is received. Nationwide will automatically allocate all deposits submitted for a participant who does not have an established investment allocation to the QDIA/DIA Option in the applicable participant’s account within three business days.
The QDIA/DIA Option must be a designated variable fund for the Plan. If the fund I select as the QDIA/DIA Option is not currently a designated fund, this form is my request and authorization to add the fund as a designated fund to my Plan.
Due to possible market value adjustments and other restrictions, the fixed contracts are ineligible as a DIA Option.
If I select the Nationwide ProAccount Managed Account Services (ProAccount) Option as the QDIA/DIA Option and ProAccount is not currently available to my Plan, Nationwide will not establish ProAccount as the QDIA/DIA Option until I submit additional required paperwork.
If I select a Collective Investment Fund (CIF) as the QDIA/DIA Option and CIFs are not currently available to my Plan, Nationwide will not establish the CIF as the QDIA/DIA Option until I submit additional required paperwork.
As Plan Sponsor, it is my responsibility to monitor performance and other aspects of the QDIA/DIA Option on an ongoing basis and select a replacement fund to serve as the QDIA/DIA Option as I deem appropriate. In the event of a fund merger or liquidation by the fund house offering the fund I have selected, I authorize Nationwide to change the QDIA/DIA Option to the merged/replacement fund designated by the participants of the fund and/or the fund house.
I have reviewed, and I understand, the investment option payment information in the Participation Agreement.
I have reviewed the disclosures for the fund selected as the QDIA/DIA Option and understand its terms and conditions, including any redemption fee and/or other restrictions that may apply.
It is the responsibility of the plan fiduciary or its delegate to prudently select and monitor any QDIA or DIA Option on a regular basis. Therefore, it is the responsibility of the plan fiduciary or its delegate to know the requirements of the QDIA regulations and choose the DIA Option most appropriate for the participants of the Plan. For additional information, please visit: https://www.dol.gov/agencies/ebsa/employers-and-advisers/guidance/field-assistance-bulletins/2008-03. Nationwide is not responsible or liable for the selection of such QDIA/DIA Option and has merely provided facts requested by the Plan fiduciary or its delegate. The information provided herein is not investment advice and should not be considered an endorsement of, or opinion on, the appropriateness of any fund or portfolio.
NRF-0447AO.3 (07/2022) For help, please call 1-877-496-1630 nrsforu.com Form Return
Authorization
By signing below, I authorize the selection above and acknowledge that I have read and understand all of the included disclosures.
Name (please print): Title:
Signature: Date:
Mail: Nationwide Retirement Solutions
ATTN: Public Sector Client Services
10 West Nationwide Blvd.
Columbus, OH 43215
Email: [email protected]
Fax: 1-877-677-4329
NRF-0949AO (11/2021) For help, please call 1-877-496-1630 nrsforu.com Nationwide Retirement Solutions
Plan Account Investment Option
Plan Information
Internal Revenue Code (IRC) Selection
Investment Option Election (select one)
Fund Name Ticker
F Nationwide Government Money Market Fund - Investor MIFXX F Nationwide Government Money Market Fund - R6 GMIXX
F Vanguard Federal Money Market Fund - Investor VMFXX
F Vanguard Treasury Money Market Fund VUSXX
F Other*:
*Please work with your Relationship Consultant to select an appropriate investment option.
I hereby authorize the above Investment Option to be used for amounts held in my Plan Level Accounts. I understand that the chosen Fund will not be available to the Plan’s Participants as an investment option. I further understand that if no selection is made at the time the Plan is established, the Plan Accounts will automatically be invested in the Nationwide Government Money Market Fund - Investor Shares.
Full Name (please print): Title:
Signature: Date:
Authorization
Form Return
This form is used to select the Investment Option for your Plan Level Accounts. These accounts can include one or more of the following: Forfeiture Account, Revenue Account and Suspense/Retainer Account.
Please note that if your Plan is utilizing IRON Investment Fiduciary Service, this form should not be used, and you will need to work with your Relationship Consultant to select the investment option for your Plan.
Plan Name: Plan Number:
Employer Address:
City: State: ZIP:
Phone: Email:
c 401(a) c 457(b) c 401(k) c 403(b)
By mail: Nationwide Retirement Solutions
Attn: Public Sector Client Services
10 West Nationwide Blvd.
Columbus, OH 43215
By fax: 1-877-677-4329
By email: [email protected]
This material is not a recommendation to buy, sell, hold, or rollover any asset, adopt an investment strategy, retain a specific investment manager or use a particular account type. It does not take into account the specific investment objectives, tax and financial condition or particular needs of any specific person. Investors should work with their financial professional to discuss their specific situation.
APPLICATION FOR
GROUP FLEXIBLE PURCHASE PAYMENT DEFERRED FIXED ANNUITY
CONTRACT
Underwritten by
Nationwide Life Insurance Company
One Nationwide Plaza
Columbus, OH 43215
1-877-677-3678
Select 1 Product:
Nationwide True FlexSM (12 month Put)
Nationwide Flex FitSM (Staggered Put)
Nationwide Fixed Elite (5 year Put)
Nationwide Fixed Fund (5 year Put – 457(b) and 401(a) only)
APPLICANT
____________________________________________________________________________ (the “Applicant”), applies to be the Contract Owner of a Group Flexible Purchase Payment Deferred Fixed Annuity Contract (the “Contract”) underwritten by Nationwide Life Insurance Company (“Nationwide”).
The Group Flexible Purchase Payment Deferred Fixed Annuity Contract applied for will become effective on the “Effective Date of Contract” if the initial Purchase Payment and this application are accepted by Nationwide. In the event the initial Purchase Payment or this application are not accepted, Nationwide’s liability will be limited to a return of the initial Purchase Payment, and any subsequent Purchase Payments remitted.
The applicant’s plan qualifies under:
Section 457(b) Section 401(k) Section 401(a)
PURCHASE PAYMENT
Applicant agrees to permit Participants in its Plan to allocate Purchase Payments to the Contract as of the "Effective Date of Contract".
TRANSFER AND EXCHANGE LIMITATION ELECTION
Elect One:
Contract Level Aggregate Exchange Limitation This option only applies to the Nationwide Guaranteed FundR. (the limitation on Outgoing Exchanges from the Fixed Account is determined based on total assets held in the Contract’s Fixed Account’s value under the Contract as of the last Business Day preceding the current calendar year).
Participant Level Exchange Limitation (the limitation on Outgoing Exchanges from the Contract is applied to each Participant Account under the Contract. The Contract Owner, or its designated Record Keeper is responsible for applying this limitation).
No Restriction
STATE INSURANCE FRAUD WARNINGS
Notice to AL Residents Only: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or who knowingly presents false information in an application for insurance is guilty of a crime and may be subject to restitution fines or confinement in prison, or any combination thereof.
Notice to AR, LA, and RI Residents Only: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
NRA-0105AO.2 1 (Standard) [08/2020]
STATE INSURANCE FRAUD WARNINGS (continued)
Notice to CO and MA Residents Only: Any person who, knowingly and with intent to injure, defraud or deceive any insurance company or other person, files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and may subject such person to criminal and civil penalties, fines imprisonment, or a denial of insurance benefits.
Notice to KS Residents Only: WARNING: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance may be guilty of insurance fraud as determined by a court of law and may be subject to fines and confinement in prison.
Notice to KY Residents Only: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime.
ME Residents Only: Any person who, knowingly and with intent to injure, defraud or deceive any insurance company or other person, files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and may subject such person to criminal and civil penalties, fines imprisonment, or a denial of insurance Benefits. All statements contained in such application for insurance shall be deemed representations and not warranties.
NOTICE TO NM RESIDENTS ONLY: ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM
FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILITY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES.
Notice to OK Residents Only: WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer make any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony.
NOTICE TO PA RESIDENTS ONLY: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to a criminal and civil penalties.
FOR TN AND WA RESIDENTS ONLY: It is a crime to knowingly provide false, incomplete, or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines, and denial of insurance benefits.
FOR NJ RESIDENTS ONLY: Any person who includes false information on an application for an insurance policy is subject to criminal and civil penalties.
Notice to MD Residents Only: Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
NOTICE TO MN RESIDENTS ONLY: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a criminal offense and may be subject to fines and confinement in prison pursuant to state law.
NOTICE TO PR RESIDENTS ONLY: Any person who furnishes information verbally or in writing, or offers any testimony on improper or illegal actions which, due to their nature constitute fraudulent acts in the insurance business, knowing that the facts are false shall incur, a felony and, upon conviction, shall be punished by a fine of not less than five thousand dollars ($5,000), nor more than ten thousand dollars ($10,000) for each violation or by imprisonment for a fixed term of three (3) years, or both penalties. Should aggravating circumstances be present, the fixed penalty thus established may be increased to maximum of five (5) years if extenuating circumstances are present, it may be reduced to a minimum of two (2) years.
NOTICE TO VA RESIDENTS ONLY: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS
FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT MAY HAVE VIOLATED THE STATE LAW.
FOR DC RESIDENTS ONLY: WARNING: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant.
Notice to OH Residents Only: Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud.
NRA-0105AO.2 2 (Standard) [08/2020]
ADDITIONAL STATE NOTICES
Notice to AK Residents Only: The Contract and the attached application form, including any elected options and/or endorsements, is the entire agreement between Nationwide and the Contract Owner. Statements in the Contract and application are representations and not warranties
Notice to ND,SC and SD Residents Only: A Market Value Adjustment may be assessed on withdrawals or full surrenders which may decrease the amount of the withdrawal or full surrender requested would be in addition to any applicable scheduled surrender penalty charge.
SIGNATURES
Signed on behalf of this day of
, 20 .
Yes No Do you have any existing life insurance or annuity contracts? Yes No Will the applied for Contract replace any existing life insurance or annuity contracts? (Authorized Signature of Applicant) Date
(Title)
Yes No To your knowledge, does the applicant have any existing life insurance or annuity contracts? (Authorized Nationwide Agent/Representative – Please Print) (Authorized Nationwide Agent/Representative Signature) Date (Title)
NRA-0105AO.2 3 (Standard) [08/2020]
NRF-0904AO.4 (04/2024) For help, please call 877-496-1630 Option #3 Plan Sponsor Access
Web Update Form
Plan Sponsor Information
PRIMARY AUTHORIZED Contact
Plan Sponsor Name:
Employer Tax ID Number:
Plan Sponsor Number (Nationwide Assigned):
Do you have multiple payroll departments that submit payroll & census separately? c Yes c No Address Line 1:
Address Line 2:
City: State: Zip:
Is this an update to your existing address? c Yes c No
Primary Website User
Plan Sponsor Web Features
This section is required to establish one person within the Plan Sponsor’s office as the primary website user on the NRS website. The primary user will assign and administer all other website roles for the Plan’s account, including any contacts noted below that are required for your Plan’s online data submission. c New Primary User Access c Replace Existing Primary User Primary Website User Contact Information:
F Same as Primary Authorized Contact
Name: Title:
Preferred Phone: Email:
The primary website user will have access to all Plan Sponsor website functions and permissions.
The Plan can only have one Primary Authorized Company Representative of which is the recipient of Plan Statements and other Plan-related administrative messages. Updating the Primary Authorized Company Representative will supersede any previous Primary Authorized Company Representative.
Name: Title:
Preferred Phone: Fax: Email:
FastPay: A fully digital payroll and census submission system. Secure participant information, save time, improve accuracy, and eliminate manual entry when submitting your plan’s payroll and census data.
Task Center: Payroll Change Notices and Employment Status Tasks will be generated as an action item in Task Center for a digital and streamlined processing experience. Email notifications will be generated daily at 12 p.m. Eastern for any outstanding tasks.
Reporting: Create and view plan and participant level reports.
NRF-0904AO.4 (04/2024) For help, please call 877-496-1630 Option #3 Established Secondary Users
1. Name: Title:
Preferred Phone: Email:
Please specify pay center number or name (if applicable):
Please select the role(s) for this user, given the accesses marked in the chart above:
c Manager c Payroll c Reporting
2. Name: Title:
Preferred Phone: Email:
Please specify pay center number or name (if applicable):
Please select the role(s) for this user, given the accesses marked in the chart above:
c Manager c Payroll c Reporting
F I have additional payroll contacts. If you want to add more than two contacts, you may attach a page with the additional contact information. Any time a new contact is added the above fields are required.
Required Authorization
Form Return Instructions
By signing below, you are authorizing the activation of online features which includes FastPay and Task Center. Users designated will be responsible for monitoring and processing ongoing administrative tasks.
Primary Authorized Company Representative:
Name (print): Title:
Signature: Date:
Email: [email protected]
Fax: 877-677-4329
Secondary Website Users
Online/Web Access: Primary Manager Payroll Reporting
Process Payroll & Receive/Complete
Payroll Change Notices Optional* —
Enroll participants electronically Optional* —
Verify Termination of Employment for
Participant Withdrawal Requests —
Create and view reports —
Create and delete secondary users — — —
View Participant Account Information
(account/loan balances, beneficiaries, etc.) Optional* — Edit Participant Account Information
(employment status, census data) Optional* Optional* — *All optional web accesses will be defaulted to “yes” for Manager roles and “no” for Payroll roles. This access may be changed by the Plan’s Primary Web User through the User Account Management dashboard.
ERISA and Non-ERISA Agreement NRN-2897AO.1 (09/2022)
Nationwide Investment Advisors, LLC
ProAccount - Plan Sponsor Agreement
Plan Sponsor enters into this Agreement with Nationwide Investment Advisors, LLC (“NIA”), an Ohio limited liability company, registered as an investment adviser with the Securities and Exchange Commission under the Investment Advisers Act of 1940 (“Advisers Act”).
Plan Sponsor established and sponsors the employee benefit plan(s) which authorize(s) participants in the Plan (“Plan Participants”) to self-direct their account within the Plan (“Accounts”); and Plan Sponsor desires to engage NIA as an authorized provider of investment advisory services to those Plan Participants who choose to have professional guidance in managing their Accounts (collectively, the “Participant Accounts”); and The Plan authorizes Plan Participants to enter into an investment advisory agreement directly with NIA for the management of their Accounts; and
Plan Sponsor acknowledges that these advisory services are permitted under the documents establishing the Plan (“Plan Documents”) and that the investments and investment strategies proposed by NIA through the investment advisory services are consistent with the Investment Policy of the Plan; and Plan Sponsor acknowledges that NIA is an affiliate of Nationwide Retirement Solutions, Inc., Nationwide Life Insurance Company, Nationwide Trust Company, and RIA Services, Inc. (collectively “Nationwide Affiliates”) and that these Nationwide Affiliates will provide to NIA certain administrative services in support of ProAccount (as defined in Section II below).
In consideration of the foregoing and the promises, covenants and mutual agreements set forth in this Agreement, NIA and the Plan Sponsor agree as follows:
I. APPOINTMENT OF INVESTMENT ADVISOR
The Plan Sponsor is authorized to appoint and now engages NIA to provide discretionary investment advisory services to Plan Participants who elect to have their Accounts managed by NIA. NIA hereby accepts this appointment, subject to the terms and conditions of this Agreement. NIA’s authority under this Agreement remains in effect until changed or terminated pursuant to the termination provision (Section VIII) of this Agreement. Unless otherwise specified, for Plans that are record kept by Nationwide or Nationwide Affiliate on a single Nationwide recordkeeping system, NIA’s appointment and authority under this Agreement shall apply to all employee benefit plans sponsored by the Plan Sponsor. If the Plan Sponsor desires to exclude a plan from coverage under this Agreement, now or at a later date, the Plan Sponsor must notify NIA of such individual plan’s exclusion or termination of services under this Agreement in accordance with Section VIII of this Agreement. For Plans that are record kept by a third-party service provider or vendor, NIA’s appointment and authority under this agreement shall apply only to the individual Plan as listed above.
II. PROACCOUNT PROGRAM DESCRIPTION
The ProAccount program is a discretionary managed account service offered by NIA (“ProAccount”) for defined contribution plans participants and certain other employee benefit plan participants who desire professional guidance in managing their self-directed retirement plan account. ProAccount offers individualized investment advice using an investment process developed and maintained by an independent financial expert (“IFE”) hired and overseen by NIA.
Under ProAccount, the IFE develops and maintains managed account portfolios (“Portfolios”) based on all eligible investment options available under the Plan’s menu of investments, and for certain product platforms, the IFE has access to all investment options available on the product platforms (“ProAccount Investments”). In its evaluation of ProAccount Investments for inclusion in the Portfolios, the IFE takes into account the maximum range of asset fees associated with the Nationwide Retirement Program, but does not consider the specific asset fees charged by the Nationwide Retirement Program to the Plan. Certain Portfolios could include allocations to investments offering a guaranteed lifetime income benefit. The guaranteed income benefit provided by these investments could be forfeited based on action taken by You or based on the IFE’s changes to its Portfolios.
Plan: (the “Plan” or “Plans”):
Plan Sponsor (The “Plan Sponsor” “You” “Your”):
ERISA and Non-ERISA Agreement NRN-2897AO.1 (09/2022)
In addition, the Plan may offer investment options other than ProAccount Investments, including, but not limited to, individual stocks, employer stock, guaranteed certificate funds, certain collective investment funds and participant allocations to certain group fixed annuity contracts (collectively, “Non-ProAccount Investments”), which will not be considered by the IFE in the development of the Portfolios. Plan Sponsor hereby acknowledges that any employer-directed assets, Non-ProAccount Investments, or assets held in self-directed brokerage accounts are not eligible for ProAccount and will remain invested in their current manner until further action is taken by the Plan Participant or the Plan outside of ProAccount to move such assets into other investments that are eligible for ProAccount management. You further acknowledge that when a Participant enrolls in ProAccount, all of their existing investments that qualify as ProAccount Investments are liquidated when they enroll in ProAccount with the proceeds being allocated to their Participant Account. Such liquidation could result in a forfeiture of any current or future benefits offered by the investment options, including, but not limited to, guaranteed income benefit that a Participant may have been entitled to prior to the liquidation.
NIA will exercise authority by managing the Participant Accounts in accordance with the investment process as communicated by the IFE. In accordance with instructions from the IFE, NIA will rebalance Participant Accounts at least quarterly and more frequently if determined by the IFE that such rebalance is appropriate. In accordance with current policies and procedures, Plan Participants electing ProAccount will complete documentation, including the ProAccount Questionnaire (the “Questionnaire”), as part of the enrollment process. The Questionnaire is a tool developed by the IFE to help identify Plan Participant’s risk tolerance, investment horizon, and retirement objectives. In addition to the Questionnaire, additional information provided by Plan Participants through recordkeeping systems, interactive online planning tools, such as the My Interactive Retirement Planner tool, and other financial risk tolerance questionnaire(s) may be used by NIA and provided to the IFE to further refine their investor profile. Such information will only be used if it is determined to be sufficiently reasonable and complete.
If You have elected ProAccount as the Qualified Default Investment Alternative (“QDIA”) or default investment alternative for Your plan, participant contributions and any existing balances eligible for ProAccount will be placed in a moderate risk portfolio based on the participant’s age. When used as a QDIA or default investment alternative, ProAccount may have limited participant information. However, participants can choose to affirmatively select ProAccount and provide additional information to allow for a more individualized risk-tolerance analysis. For Plans subject to ERISA, consistent with the Department of Labor’s guidance on the requirements of Qualified Default Investment Alternatives under the pension Protection Act of 2006, investments that charge a redemption fee to participants will also be treated as Non-ProAccount Investments.
The IFE may use investment options for which NIA or an affiliate acts as an investment adviser (“Affiliated Investments”). With respect to the IFE’s investment of Plan Participant Accounts in Affiliated Investments, Nationwide Affiliates neither endorse nor encourage the IFE’s use of Affiliated Investments. The Plan Sponsor acknowledges that Plan Participant Accounts may be invested in Affiliated Investments.
The IFE is not a party to this Agreement, and there is no contractual relationship between the Plan and the IFE. Services provided by the IFE are provided to NIA and all fees and expenses charged by the IFE for its services are paid by NIA. The advice provided to Plan Participants under ProAccount is limited to the independent advice provided based on the Portfolios created by the IFE, which NIA cannot modify. By signing this Agreement, You agree that NIA has discretion to terminate its relationship with the IFE at any time, without notice to You, and engage the services of a suitable replacement.
III. OBLIGATIONS AND REPRESENTATIONS OF THE PLAN SPONSOR The Plan Sponsor agrees to notify NIA of any change to the Plan Documents that affects NIA’s rights or duties to the Plan or Plan Participants. If such a change occurs, NIA must agree to the modifications that impact NIA’s rights or duties in writing.
The Plan Sponsor represents that the Plan is operated, and NIA’s appointment is, in compliance with all applicable federal and state laws, rules and regulations.
IV. OBLIGATIONS AND REPRESENTATIONS OF NIA
If the Plan is subject to the Employee Retirement Income Security Act of 1974 (“ERISA”), as amended by law, NIA acknowledges that NIA is an “investment manager,” as defined by Section 3(38) of ERISA and the Internal Revenue Code of 1986, as amended, (the “Code”) and also acknowledges that it is a fiduciary within the meaning of Section 3(21) of ERISA and Section 4975(e)(3) of the Code (but only with respect to the provision of services described in this Agreement). NIA agrees that in performing its duties and obligations under this Agreement, NIA will act in conformity with this Agreement, the agreement between NIA and the Plan Participants, the requirements of the Advisers Act, and all other applicable law.
NIA represents that it is registered as an investment adviser with the SEC under the Advisers Act and each of its representatives are properly registered, licensed and/or qualified to act as such under all applicable federal and state securities statutes and regulations.
NIA does not have any duty, responsibility or liability for Plan assets that are not part of the Participant Accounts that NIA manages through ProAccount. As part of this Agreement, NIA will not provide investment advice regarding, or have fiduciary responsibility for, the selection and monitoring of investment options available in the Plan.
ERISA and Non-ERISA Agreement NRN-2897AO.1 (09/2022)
NIA shall have no obligation or authority to take any action or render any advice with respect to the voting of proxies solicited by or with respect to issuers of securities held in ProAccount.
V. PROACCOUNT FEES
For purposes of services rendered to Plan Participants, the Plan Sponsor hereby approves, subject to specific approval by each Plan Participant electing ProAccount, a participant level advice program fee (“ProAccount Fee”) as outlined in the attached ProAccount Schedule of Fees. The ProAccount Fee is separate from the fees and expenses charged by investment options offered through the Plan and in addition to any trustee, custodial, asset, service, administrative or transactional fees that the Plan Participants or the Plan may incur through the Nationwide Affiliate retirement programs.
The ProAccount Fee shall be calculated daily based on the market value of the Plan Participant’s ProAccount Investments and withdrawn quarterly in accordance with each Plan Participant’s investment advisory agreement with NIA. The Plan Sponsor hereby consents to the withdrawal of the ProAccount Fee from the applicable Plan Participant Accounts and agrees that it will use its best efforts to facilitate payment of such ProAccount Fee. If this Agreement terminates before the end of an applicable calendar quarter, then a pro-rata share of the ProAccount Fee will be withdrawn from the Plan Participant Accounts for the portion of the calendar quarter that elapsed prior to the termination.
To the extent permitted by applicable law or regulation, Nationwide Affiliates may receive payments from, or in connection with, ProAccount Investments selected by the IFE for inclusion in the Portfolios. The IFE’s fees for services provided in connection with ProAccount are not based on or affected by the presence or number of the ProAccount Investments the IFE selects for the Portfolios or otherwise influenced by the payments NIA or its affiliates may receive from such investment options.
Certain ProAccount Investments may impose a trade restriction on certain transactions. It is possible that transactions initiated by NIA for ProAccount may result in the imposition of trade restrictions on one or more investment options held in Plan Participant Accounts. For further information on trade restrictions, including whether they will be applicable to any of the investment options within the Plan Participant Accounts, more information can be found in individual fund prospectus or other investment option disclosure material.
In addition to the above, if the Plan is not subject to ERISA, certain ProAccount Investments may charge a redemption fee and a transaction initiated by NIA may result in the imposition of such redemption fee. Redemption fees vary in amount and application from investment option to investment option. Any redemption fee will be deducted from the Plan Participant’s ProAccount Account balance. More information on redemption fees can be found in the individual fund prospectus or other investment option disclosure material.
VI. INDEMNIFICATION, LIMITATION OF LIABILITY, AND RISK ACKNOWLEDGMENT Each party agrees to hold harmless, defend and indemnify the other party (including its directors, officers, employees, affiliates and agents) from and against any and all claims, liabilities, losses, costs, damages or expenses (including, without limitation, cost of litigation and reasonable attorneys’ fees) (collectively, “Losses”) arising out of or attributable to the indemnifying party’s (i) willful misconduct, bad faith, criminal activity, or gross negligence, (ii) material breach of this Agreement or the material inaccuracy of any representation or warranty provided hereunder, or (iii) violation of any law to which such party is subject.
Plan Sponsor, on behalf of the Plan, agrees to hold harmless, defend and indemnify NIA (including its directors, officers, employees, affiliates and agents) from and against any and all Losses arising out of or attributable to NIA’s following directions or carrying out instructions, or using obsolete, inaccurate or incomplete information, given or furnished by the Plan or its agents.
A party that seeks indemnification under this Section VI must promptly give the indemnifying party written notice of any legal action. A delay in notice does not relieve an indemnifying party of any liability to an indemnified party, except to the extent the indemnifying party shows that the delay prejudiced the defense of the action. The indemnifying party may participate in the defense at any time or it may assume the defense by giving notice to the other party. After assuming the defense, the indemnifying party: must select an attorney that is satisfactory to the other party; is not liable to the other party for any later attorney’s fees or for any other later expenses that the other party incurs, except for reasonable investigation costs; must not compromise or settle the action without the other party’s consent (but the other party must not unreasonably withhold its consent); and is not liable for any compromise or settlement made without its consent.
If the indemnifying party fails to participate in or assume the defense within 15 days after receiving notice of the action, the indemnifying party is bound by any determination made in the action or by any compromise or settlement made by the other party.
The parties represent and warrant that the indemnification in this Section VI is enforceable under applicable law and that neither party will assert a position contrary to such representation in any judicial or administrative proceeding. Nothing in this Agreement shall in any way constitute a waiver or limitation of any rights that Plan Sponsor may have under federal or state securities law.
ERISA and Non-ERISA Agreement NRN-2897AO.1 (09/2022)
Risk Acknowledgment
NIA uses reasonable care, consistent with industry practice, in providing advisory services through ProAccount. All investments in securities involve risk and investing through ProAccount does not guarantee a profit or eliminate market or investment risk.
Investment return and principal amounts will fluctuate with market conditions, and Participant Accounts may lose money. Past performance of investments is no guarantee of future results. The analysis and advice provided by the IFE and delivered by NIA depends upon a number of factors, including the information You or the Plan Participants may provide, various assumptions and estimates, and other considerations. As a result, the advice developed, and the recommendations provided are not guarantees that Plan Participants will achieve their retirement goals or anticipated performance. The investment advice to Plan Participants contemplated by this Agreement relates only to the Participant Accounts within the Plan(s) subject to this Agreement that are subject to an investment management agreement between NIA and a Plan Participant and will not apply to any other assets a Plan Participant may own.
VII. CONFIDENTIALITY
Each party agrees that it will not, without the prior written consent of the other party, at any time during the term of this Agreement or any time thereafter, except as may be required by applicable law or as necessary to facilitate the implementation of services hereunder, use or disclose to any person, firm or other legal entity, including any affiliate or other representative of the party, any confidential records, secrets or information related to the other party (collectively, “Confidential Information”).
Confidential Information shall include, without limitation, information about the other party’s products and services, customer lists, customer or client information, Plan and Plan Participant information, and all other proprietary information used by a party in its business. The parties acknowledge and agree that all Confidential Information that it has acquired, or may acquire, was received or will be received in confidence. Each party will exercise the utmost diligence to protect and guard such Confidential Information.
The Plan Sponsor or such other authorized individual (1) acknowledges that it is authorized to provide Confidential Information, including but not limited to Plan Participant information, to NIA and/or its affiliates for the operation of ProAccount, and the provision of such information does not violate any Plan or company provisions or policies; and (2) authorizes the sharing of Plan Participant information among NIA and its affiliates as necessary for the operation of ProAccount.
VIII. TERM OF AGREEMENT
This Agreement is effective the date it is signed below. ProAccount will be made available to the plan when all required documents are fully completed, signed, and received by NIA and further accepted by NIA as evidenced by internal records maintained by NIA or its designated agent. This Agreement will continue until terminated by either party upon at least 30 days’ advance written notice to the other. The Agreement will terminate immediately if the Plan terminates its participation in a Nationwide Affiliate’s Retirement Program. In the event NIA terminates its relationship with the current IFE and has not designated a successor IFE, this Agreement will automatically terminate upon written notice from NIA. The Plan Sponsor understands that upon termination of this Agreement, the Participant Accounts will remain invested in ProAccount Investments last allocated by NIA until such time as Plan Participants make changes to their individual Accounts.
IX. MISCELLANEOUS
Notices
All notices required to be delivered under this Agreement will be delivered by U.S. first class mail, overnight courier, electronic mail, or other method as agreed upon by the parties, in each case prepaid as applicable, to NIA at the address provided below and to the Plan Sponsor at the address provided on the signature page of this Agreement (or to such other addresses as the parties may specify to one another in writing):
Nationwide Investment Advisors, LLC
Attention: Nationwide ProAccount
10 W Nationwide Blvd. Mail Stop 05-05-201J
Columbus, OH 43218-2797
Phone: 888-540-2896
Email: [email protected]
Notices will be deemed received on the earlier of (1) three days from the date of mailing, or (2) the day the notice is actually received by the party to whom the notice was sent.
Disclosure Documents
As an SEC registered investment adviser, NIA provides its Privacy Policy, Form ADV Parts 2A and 2B (“Form ADV”), and Form CRS before or at the time You enter into this Agreement. The Form ADV is a disclosure document that summarizes the investment advisory services provided by an investment adviser registered with the SEC and/or the states. The Form ADV contains information regarding the services, fees, risks, and expenses associated with ProAccount.
ERISA and Non-ERISA Agreement NRN-2897AO.1 (09/2022)
By signing this Agreement, you agree to receive the above-mentioned disclosure documents and other required regulatory notices in electronic format including a web address or email containing a link to such web address. NIA may use the e-mail address provided by you to deliver regulatory notices and other disclosure documents. It is your obligation to inform NIA of any changes to your e-mail address. Until informed otherwise, NIA will rely on and deliver regulatory notices and other disclosures to the e-mail address you last provided. The current versions of the Form ADV, the Form CRS. And Privacy Policy are available free of charge online at nationwide.com/proaccountadv. You have the right to request a paper copy, free of charge, of such disclosure documents at any time by calling Nationwide at 888-540-2896. You acknowledge having received and reviewed the above-mentioned disclosure documents upon entering into this Agreement.
Entire Agreement; Amendment
This Agreement and any attachments, for example, the ProAccount Schedule of Fees, constitutes the entire agreement between the parties and supersedes any prior agreements whether oral or written, among the parties relating to the subject matter of this Agreement. The Plan Sponsor represents that no markings, alterations or amendments have been made to the Agreement and acknowledges that any such modifications would not be binding on NIA. This Agreement may be amended by NIA upon 30 days’ prior written notice to the Plan Sponsor and may be amended immediately to the extent required by applicable law.
Headings
All Section headings in this Agreement are for convenience of reference only and do not form part of this Agreement. Section headings will not, in any way, affect the meaning or interpretation of this Agreement.
Waiver
No delay by either party in requiring performance by the other shall affect the right of such party to require performance; no waiver by either party of any breach will be construed as a waiver of any subsequent breach or as a waiver of the provision itself or any other provision.
Survival
The terms and provisions of “Indemnification, Limitation of Liability, and Risk Acknowledgment,” “Confidentiality,” and “Miscellaneous” sections will survive the termination of this Agreement.
Assignment
Neither party may assign this Agreement (within the meaning of the Advisers Act), any of the rights, duties, or obligations of this Agreement without the other party’s prior consent. Any assignment in violation of this provision shall be void and of no force or effect.
Force Majeure
Neither party shall be liable for failure to perform if the failure results from a cause beyond its control, including, without limitation, fire, electrical, mechanical, or equipment breakdowns, delays by third party providers and/or communications carriers, civil disturbances or disorders, terrorist acts, strikes, acts of government authority or new governmental restrictions, or acts of God.
Severability
Should any provision of this Agreement be held invalid or unenforceable by any court, arbitrator, statute, rule or otherwise, the remaining provisions of this Agreement will not be affected thereby and will continue in full force and effect to the fullest extent practicable.
Governing Law
This Agreement and its enforcement will be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflicts of law provisions or principles. Nothing herein will be construed in any manner inconsistent with the Advisers Act or any rule or order of the SEC, as applicable.
IN WITNESS WHEREOF, the Plan Sponsor, on behalf of the Plan, has executed this Agreement to be effective upon the date signed below.
Plan:
Signature: Date:
Printed Name:
Title:
Plan Address:
Plan Contact/Phone Number:
ERISA and Non-ERISA Agreement NRN-2897AO.1 (09/2022)
Nationwide ProAccount®
Nationwide Investment Advisors, LLC
Fee Disclosure and Description Guide
If applicable by law, this disclosure is intended to fulfill the 408(b)(2) requirements of the Employee Retirement Income Security Act of 1974.
Item: Services
Location: Plan Sponsor Agreement- ProAccount Program Description Section Description: The ProAccount program is a discretionary managed account service offered by NIA (“ProAccount”) for retirement plan participants who desire professional guidance in managing their self-directed retirement plan account. ProAccount offers individualized investment advice using an investment process developed and maintained by an Independent Financial Expert (“IFE”).
Item: Status
Location: Plan Sponsor Agreement- Obligations and Representations of NIA Section Description: If the Plan is subject to the Employee Retirement Income Security Act of 1974 (‘ERISA”), as amended by law, NIA acknowledges that it is an “investment manager,” as defined by Section 3(38) of ERISA and the Internal Revenue Code of 1986, as amended, (the “Code”) and also acknowledges that it is a fiduciary within the meaning of Section 3(21) of ERISA and Section 4975(e)(3) of the Code (but only with respect to the provision of services described in the Agreement).
Item: Direct Compensation
Location: Plan Sponsor Agreement- ProAccount Fees Section and ProAccount Schedule of Fees Description: NIA receives an annual ProAccount fee of up to 1.00% (“ProAccount Fee”). Refer to the attached ProAccount Schedule of Fees for exact fees charged to your plan.
Item: Indirect Compensation
Location: N/A
Description: NIA does not receive indirect compensation in connection with ProAccount.
Item: Compensation Paid Among Related Parties
Location: N/A
Description: Compensation among NIA and its related parties is not paid on a transaction basis or charged against, or reflected in, the net value of the plan’s investment.
Item: Compensation for Termination of Contract or Arrangement Location: Plan Sponsor Agreement – Termination Section, ProAccount Fees Section, and ProAccount Schedule of Fees Description: There is no termination fee. If the plan or Plan Participant terminates ProAccount before the end of an applicable calendar quarter, then a pro-rata share of the ProAccount Fee will be withdrawn from the Plan Participant Accounts for the portion of the calendar quarter that elapsed prior to the termination.
Item: Manner of Receipt of Compensation
Location: Plan Sponsor Agreement- ProAccount Fees Section Description: The ProAccount Fee is calculated daily based on the market value of the Plan Participant’s ProAccount Investments and withdrawn quarterly in accordance with each Plan Participant’s investment advisory agreement with NIA.
This material is not a recommendation to buy, sell, hold, or rollover any asset, adopt an investment strategy, retain a specific investment manager or use a particular account type. It does not take into account the specific investment objectives, tax and financial condition or particular needs of any specific person. Investors should work with their financial professional to discuss their specific situation.
Nationwide and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. ©2020 Nationwide NRN-2898AO.1 (10/2022)
This Schedule of Fees supplements the Plan Sponsor Agreement between the Plan and Nationwide Investment Advisors, LLC. Terms used in this Schedule of Fees and not defined herein will have the meanings assigned to them in the Agreement.
In consideration of services rendered to Plan Participants, the Plan Sponsor hereby approves, subject to specific approval by each Plan Participant electing ProAccount, the application of a ProAccount fee as described below.
Account Balance Annual Program Fee
The first $99,999.99 0.65%
The next $150,000 0.60%
The next $150,000 0.55%
The next $100,000 0.50%
Assets of $500,000 and above 0.45%
If the ProAccount Fee applies to multiple plans of the Plan Sponsor, the ProAccount Fee will reflect the aggregate account balances of all accounts if the criteria in (i) through (iii) below are met. When a participant has multiple accounts subject to the ProAccount Fee, the aggregate account balances will be used to achieve a lower percentage fee based on the participant’s total assets in ProAccount subject to the restrictions below:
i. the fee structure across the multiple plans must be exactly the same in terms of the percentage fee and breakpoint tiers as described in the chart above;
ii. the participant’s retirement plan accounts must be under the same participant identification code in a Nationwide Affiliates’ Retirement Program record-keeping system; and
iii. the participant’s retirement plan accounts must be combined in a single account statement generated from the Nationwide Affiliate’s Retirement Program record-keeping system.
The ProAccount Fee is deducted on a pro rata basis from the Participant’s separate plan accounts. The ProAccount Fee is separate from the fees and expenses charged by investment options offered through the Plan and in addition to any trustee, custodial, asset, service, administrative or transactional fees that the Plan Participants or the Plan may incur through a Nationwide Affiliate’s Retirement Program.
The ProAccount Fee is calculated daily based on the Participant’s daily balance and such fee is deducted quarterly in accordance with each Plan Participant’s investment advisory agreement with NIA. If this Agreement ends before the end of the applicable calendar quarter, then a pro-rata share of the ProAccount Fee will be deducted from the Plan’s Account. The Plan Sponsor hereby consents to the deduction of the ProAccount Fee from the applicable Plan Participant Accounts and agrees that it will use its best efforts to facilitate payment of such ProAccount Fee.
NIA may be recommended to certain retirement plan sponsors through an arrangement with a solicitor. The solicitor is not authorized to make changes to the Agreement, Schedule of Fees, or provide investment advice on behalf of NIA. Solicitor fees are payable out of the ProAccount Fee. To the extent applicable, additional information about this arrangement is provided in a separate Solicitor Disclosure Statement, a copy of which is attached to your separately executed Schedule of Fees.
As permitted by applicable law, affiliates of NIA may receive payments from, or in connection with, investment options selected by the IFE which are included in the Portfolios. In addition, the IFE may select certain investment options for which an investment advisory affiliate of NIA acts as investment adviser. The IFE’s fees for services provided under ProAccount are not related to the investment options the IFE selects for the Portfolios or otherwise influenced by the payments affiliates of NIA may receive from such investment options.
Certain ProAccount Investments may charge a redemption fee or impose a trade restriction on certain transactions. Redemption fees vary in amount and application from investment option to investment option. It is possible that transactions initiated by NIA under ProAccount may result in the imposition of redemption fees or trade restrictions on one or more investment options held in Plan Participant Accounts.
Any redemption fees will be deducted from the Plan Participant’s ProAccount Account balance. For further information on redemption fees or trade restrictions, including whether they will be applicable to any of the investment options within your Plan, please consult the individual fund prospectus or other investment option disclosure material.
IN WITNESS WHEREOF, the Plan Sponsor, on behalf of the Plan, has executed this Schedule of Fees to be effective upon the date signed below.
Plan:
Signature: Date:
Nationwide ProAccount
Schedule of Fees
MORLEY STABLE VALUE RETIREMENT FUND
PARTICIPATION APPLICATION & AGREEMENT
DC-3325 White – Principal Global Investors Trust Company Pink – Plan Copy Canary - NRS _______________________________________________________(the “PLAN”), a governmental defined contribution retirement plan qualified pursuant to Section 401 or 457(b) of the Internal Revenue Code of 1986, as amended, hereby makes application to offer units of the Morley Stable Value Retirement Fund (the “SVR FUND”) as an investment option for PLAN participants and their beneficiaries. It is understood that any investment(s) in units of the SVR FUND will be made, and ownership and control of such investment(s) shall inure, on behalf of and for the exclusive benefit of participants in the PLAN and their beneficiaries.
Participation in the SVR FUND shall become effective on the date this application is fully executed by an authorized person on behalf of the PLAN and accepted by an authorized representative of the SVR FUND. This agreement may be terminated by PLAN or SVR FUND upon 30 days advance notice to the other party, subject to the withdrawal restrictions noted above and in the GOVERNING DOCUMENTS.
Details regarding the information contained above may be found in the GOVERNING DOCUMENTS. The PLAN acknowledges, understands and agrees: (1) the GOVERNING DOCUMENTS were received and read before signing this application; (2) to be bound by the terms and conditions of the SVR FUND as set forth herein and in the GOVERNING DOCUMENTS, including the appointment of PGITC as investment manager for PLAN assets invested in the SVR FUND, SVR FUND’s investment in the Morley Stable Value Fund; (3) the assets of the PLAN to be invested in the SVR FUND are not, and will not at any time in the future, constitute: proceeds of municipal securities, including monies derived from the sale of municipal securities, investment income derived from the investment or reinvestment of such monies, and any monies held in funds under legal documents for municipal securities that are reasonably expected to be used as security or a source of payment for the payment of debt service on municipal securities, including reserves, sinking funds, and pledged funds created for such purpose, and the investment income derived from the investment or reinvestment of monies in such funds; or municipal escrow investments, including any funds of a municipal entity that are deposited in an escrow account to pay the principal, premium, or interest on municipal securities; (4) it has determined to add the SVR FUND as a suitable investment option; (5) the SVR FUND is adopted, through incorporation by reference, as a part of the PLAN and (6) has authorized the representative below to sign on behalf of the PLAN.
For the PLAN:
Signature: _____________________________________
Title: _____________________________________
For Nationwide® Retirement Solutions, Inc.:
By: _____________________________________
Authorized Signer
For Principal Global Investors Trust Company:
By: _____________________________________
Authorized Signer
Date
(Tax ID removed)
Plan Address
Date
INFORMATION ABOUT THE FUND
PLEASE READ CAREFULLY
• The SVR FUND is not a mutual fund. It is a collective investment trust under the trusteeship of Principal Global Investors Trust Company (“PGITC”, f/k/a Union Bond & Trust Company), a trust bank organized and operating under the laws of the State of Oregon and subject to regulation and supervision thereunder. The SVR FUND is not registered with or guaranteed by any agency of the United States government, including federal bank regulatory agencies or the Securities and Exchange Commission (“SEC”). • Although the SVR FUND seeks to provide preservation of capital, relatively stable returns consistent with its comparatively low risk profile, and liquidity for benefit-responsive payments, stable value assets carry potential risks, and are not guaranteed investments. The SVR FUND intends to invest substantially all of its assets in another collective investment trust, the Morley Stable Value Fund. Please refer to the accompanying Morley Stable Value Retirement Fund Disclosure Document and the Morley Stable Value Fund Declaration of Trust (the “GOVERNING DOCUMENTS”) for more details on potential risks associated with this type of investment. • The SVR FUND is not offered as an investment option within any variable annuity product. • Generally, redemptions by individual PLAN participants are permitted, subject to certain restrictions described below. However, twelve months’ advance written notice is required for any PLAN sponsor-directed withdrawal(s) or liquidation(s). Please carefully review the SVR FUND withdrawal restrictions described in detail in the GOVERNING DOCUMENTS. • Investments in the SVR FUND are subject to restrictions on participant-directed redemption(s) if proceeds are to be transferred directly to mutual funds or other investment options, including variable annuity subaccounts, which are considered to be “Competing Investment Options.” Competing Investment Options generally include other stable value funds, money market funds, insurance company fixed accounts, and other fixed-income investment options with weighted average durations of less than three years. PLAN participants desiring to allocate proceeds from the SVR FUND to a Competing Investment Option must first transfer such proceeds to a noncompeting investment option for a period of at least 90 days. A list of the specific investment options in the PLAN considered to be Competing Investment Options can be obtained upon request from your registered representative. • FUND fees of 0.50% will be accrued daily in computing the net asset value of the SVR FUND and reflected in the offering and redemption price per unit. Of the total fee, 0.15% is paid to PGITC for trustee fees; 0.35% is paid to Nationwide for recordkeeping and other PLAN services. Other SVR FUND expenses are described in the GOVERNING DOCUMENTS. • In addition, a fee equal to the amount assessed to the Select Spectrum Series in the corresponding variable annuity contract will be charged by Nationwide® Retirement Solutions, Inc. (“NRS”) to reimburse NRS for costs associated with the performance of administrative services by NRS on behalf of the SVR FUND. ©2020 Charles Schwab & Co., Inc. All rights reserved. Member SIPC.
CC3843881 (0220-09D0) APP77678-05 (03/20) *APP77678-05=01* Plan Information (Please check one.)
Trustee Custodian
Name:
Attach evidence of Trustee/Custodian agreement with the Plan.
Independent Recordkeeper (IR) and Plan Information
IR ID Plan Name
Plan Address City State Zip Code
Contact Name Contact Phone
Plan Year-End Plan Tax ID Number
Date Plan Established (mm/dd/yyyy)
Type of Plan
Profit Sharing Money Purchase 401(k) 403(b)
457(b) 457(f) Other (specify) ____________________________________________________________________________________________________________________________________________ Link to Existing Schwab Master Accounts (provide FA or SL number):
FA Master (New)
Upload Master
Cash In/Cash Out
EAO Login ID/Internal Contract Number EAO Password
Your Consent to Enroll in Schwab’s Cash Features Program The Cash Features Program is a service that offers the Bank Sweep feature (named with respect to retirement plans the “Bank Sweep for Benefit Plans” feature) (a “Cash Feature”) to permit uninvested cash (the “Free Credit Balance”) in the Plan and/or Participant brokerage accounts under the Plan, as applicable, to earn income while you and/or your Participants, as applicable, decide how those funds should be invested longer term.
You understand that the terms and conditions of the Cash Features Program and of each Cash Feature are set forth in the Cash Features Disclosure Statement.
You instruct and direct Schwab to include the Free Credit Balance under the Plan in the Cash Features Program, as described in the Cash Features Disclosure Statement.
The Bank Sweep feature (including the Bank Sweep for Benefit Plans feature) is designated as the Cash Feature for brokerage accounts of account holders residing in the U.S. Through the Bank Sweep feature, Schwab automatically makes deposits to and withdrawals from deposit accounts at one or more Sweep Banks that are insured by the Federal Deposit Insurance Corporation (FDIC) up to certain prescribed FDIC limits.
You understand and agree that Schwab may (1) make changes to the terms and conditions of the Cash Features Program; (2) make changes to the terms and conditions of any Cash Feature; (3) change, add, or discontinue any Cash Feature; (4) change the Plan’s and/or any Participant’s investment from one Cash Feature to another if the Plan and/or any Participant, as applicable, becomes ineligible for the current Cash Feature or the current Cash Feature is discontinued; and (5) make any other changes to the Cash Features Program or Cash Feature as allowed by law. Schwab will notify you in writing of changes to the terms of the Cash Features, changes to the Cash Features we make available, or changes to the Cash Features Program prior to the effective date of the proposed change.
Please note: Participants in 403(b) retirement plans will be placed in the Schwab Government Money Fund™ (SWGXX). If this is a 403(b) plan, you instruct and direct Schwab to include this fund.
Schwab Personal Choice
Retirement Account®(PCRA)
Omnibus Implementation Sheet Page 1 of 5
www.schwab.com
©2020 Charles Schwab & Co., Inc. All rights reserved. Member SIPC.
CC3843881 (0220-09D0) APP77678-05 (03/20) *APP77678-05=02*
Delegation of Trading Authority to Investment Advisor (IA) or Third Party and Deduction of IA Fees
1. Do you wish to allow the delegation of trading authority to an Investment Advisor? Yes. By executing a Schwab PCRA Limited Power of Attorney (LPOA) for an Investment Advisor, Participant may grant trading authority to an Investment Advisor who has a relationship with Schwab Advisor Services.
No. Not permitted under this Plan.
2. Do you wish to allow the deduction of fees from the Participant’s PCRA for an Investment Advisor who has a relationship with Schwab Advisor Services?
Yes.
No. IA fees are not to be taken from Participant’s PCRA.
3. Do you wish to allow delegation of trading authority to a Third Party? Yes. By executing a Schwab PCRA Limited Power of Attorney (LPOA) for a Third Party, Participant may grant authority to any Third Party (e.g., spouse or other relative) to trade in the Participant’s PCRA.
No. Not permitted under this Plan.
Trading Menu
Please complete the Schwab PCRA Plan Trading Menu Establishment form attached (Exhibit A).
This Agreement, as it pertains to the Recordkeeper, may be delivered via facsimile or otherwise scanned and delivered to Schwab. By signing below, you acknowledge and agree that this Agreement and any such scanned signatures will be treated as, and are just as binding as, an original copy.
Signature and Acknowledgment
X
IR Signature Print Name Date
Authorized party? Yes
No
I certify under penalties of perjury that: (1) the Taxpayer Identification Number shown on this application is correct, (2) the Plan is not subject to backup withholding due to failure to report interest and dividend income, (3) the Plan is a U.S. person, and (4) the Plan is exempt from FATCA reporting. I understand that if I have been notified by the IRS that the Plan is subject to backup withholding as a result of dividend or interest underreporting and I have not received a notice from the IRS advising me that backup withholding is terminated, I must cross out item 2 above.
THE INTERNAL REVENUE SERVICE DOES NOT REQUIRE YOUR CONSENT TO ANY PROVISIONS OF THIS DOCUMENT OTHER THAN THE CERTIFICATIONS REQUIRED TO AVOID BACKUP WITHHOLDING.
Fax to PCRA Operations: 1-877-535-3403.
Signature and Date Required
X
Plan Sponsor Signature Date
Print Name Title
©2020 Charles Schwab & Co., Inc. All rights reserved. Member SIPC.
CC3843881 (0220-09D0) APP77678-05 (03/20) *APP77678-05=03*
Exhibit A:
Schwab Personal Choice Retirement Account® (PCRA)
Plan Trading Menu Establishment
Complete each section below to indicate the securities that the PCRA Participants have the ability to trade. These selections create the PCRA Trading Menu and apply to any PCRA associated with the Plan.
The Trustee(s)/Custodian(s) and/or Plan Sponsor authorize Schwab to allow any Participant who completes a Schwab PCRA Limited Power of Attorney (LPOA) for Participant form to make trades in the Participant’s respective PCRA. A Participant will never be restricted from selling a position unless Schwab is instructed to restrict the sale by the Trustee(s)/Custodian(s) and/or Plan Sponsor. The Trustee(s)/Custodian(s) and/or Plan Sponsor acknowledge(s) that they are responsible for determining whether any of the investments selected below (including any employer securities) are permissible under the terms of the Plan, the Internal Revenue Code (the “Code”), or the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), and that Schwab shall have no responsibility or liability with respect to such determination. Please note that, generally, 403(b) contributions can only be invested in SEC-registered fund shares.
Trading restrictions: PCRAs may not include trading on collectibles, currencies, precious metals, real estate, futures, commodities, private placements, margin accounts or short sales. If specifically allowed by Participant’s retirement plan and approved by Schwab, Participant may be able to write covered calls, buy protective puts and write cash-secured equity puts. Participant must complete a Schwab Personal Choice Retirement Account (PCRA) Options Application—Participant and Third Party form to be approved to trade options.
At the time of conversion to the Schwab platform, securities in Participant accounts will be reviewed solely for the purpose of confirming if such securities are able to be held and traded on the Schwab broker-dealer platform. In addition, once assets have transferred, Schwab shall also review all securities solely to confirm that such securities are consistent with the authorization and direction from the Plan Sponsor via the Plan Trading Menu.
Note: From time to time, securities may change characteristics, which could change the availability of the asset within your Plan. Schwab has no obligation to review or monitor securities’ classifications following the initial review at conversion.
Please note that only one option under each investment category may be selected.
A. Taxable Mutual Funds:
All
Schwab Mutual Fund OneSource®/Schwab Funds® only1
None
B. Tax-Exempt Mutual Funds:
All
Schwab Mutual Fund OneSource/Schwab Funds only1
None
C. Equities: (To include foreign securities that trade over the counter and on a foreign exchange, you must select “All” in this Section C and “All” in Section G, Foreign Securities.)
All
Listed only2
Listed and NASDAQ market securities only3
Exchange-traded funds (ETFs) only4
Closed-end mutual funds only
ETFs and closed-end mutual funds only
None
D. Publicly Traded Limited Partnerships:5 (Please read important footnote on the next page.)
All
None
E. Taxable Fixed Income:6
All
None
Certificates of deposit (CDs) only
F. Tax-Exempt Fixed Income:
All
None
Treasuries only
G. Foreign Securities:7
All
None
H. Leveraged/Inverse ETFs:8
All
None
If you selected “Closed-end mutual funds only” or “None” under Section C – Equities, you must select “None” in Section H – Leveraged/ Inverse ETFs.
I. Options: (Options trading is limited to writing covered calls, buying protective puts, and writing cash-secured equity puts.) Yes. Options trading is permitted on the Plan-level account by the Plan document and on all associated PCRAs. Note: All parties with trading authority must complete a separate Schwab options application.
No. Options trading is not permitted.
J. Compliance Solutions/Designated Brokerage:
a. Are you a current Compliance Solutions/Designated Brokerage client?
Yes
No
If yes, please list your Master Account Number: ______________________ b. Schwab Trade Check™ monitoring technology9
Yes
No
If you select Trade Check, please note that you will need to complete the PCRA Trade Check Services Agreement. Contact your Client Services representative for this agreement. You don’t need to be a Compliance Solutions client to select Trade Check.
K. Company Stock:10, 11
Yes, allowed to trade; symbol/CUSIP number: ______________________ No, restrict;† symbol/CUSIP number: ______________________ N/A
†Choosing to restrict company stock does not include derivatives, unless indicated in Section L.
*Attach a Rule 3210/407 letter from a company Compliance Officer if licensed by a securities firm.
Is your Plan affiliated with a member firm of an exchange or FINRA, or a municipal securities broker-dealer?*
Yes No
©2020 Charles Schwab & Co., Inc. All rights reserved. Member SIPC.
CC3843881 (0220-09D0) APP77678-05 (03/20) *APP77678-05=04*
1Charles Schwab & Co., Inc. (Member SIPC) receives remuneration from fund companies for recordkeeping and shareholder services and other administrative services for shares purchased through Schwab’s Mutual Fund OneSource® program. Schwab also may receive remuneration from transaction fee fund companies for certain administrative services.
Trades in no-load mutual funds available through OneSource (including Schwab Funds®), as well as certain other funds, are available without transaction fees when placed through Schwab.com or our automated phone channels. Schwab reserves the right to change the funds we make available without transaction fees and to reinstate fees on any funds. Funds are also subject to management fees and expenses.
Schwab’s short-term redemption fee will be charged on redemption of funds (except certain Schwab Funds) bought through Schwab’s Mutual Fund OneSource program (and certain other funds) with no transaction fee and held for 90 days or less. Schwab reserves the right to exempt certain funds from this fee, including Schwab Funds, which may charge a separate redemption fee, and funds that accommodate short-term trading. 2Equity trading is limited to securities listed on the New York Stock Exchange (NYSE), NYSE Amex Equities, and other exchanges (excludes the NASDAQ Stock Market, Inc. [NASDAQ] and all foreign securities on other exchanges, including over-the-counter (OTC) securities). 3Securities that are not available to trade include pink sheets, OTC securities, and Bulletin Board stocks. 4Conditions apply: Trades in ETFs are available without commissions when placed online in a Schwab account. Trade orders placed through a broker will receive the negotiated broker-assisted rate. An exchange processing fee applies to sell transactions. All ETFs are subject to management fees and expenses. Please see the Charles Schwab Pricing Guide for Retirement Plan and Health Savings Accounts (the “Pricing Guide”) for additional information. 5Restricting publicly traded limited partnerships will exclude the purchase of any publicly traded limited partnership and any security that reports income via a Schedule K-1 Form and, as a result, could generate Unrelated Business Taxable Income (UBTI). 6Excludes debt securities issued by Charles Schwab & Co., Inc. and its affiliates. These securities are not allowed to be purchased in a PCRA. 7Restricting foreign securities does not include the restriction of American Depositary Receipt (ADR) securities and foreign securities traded on a domestic equity market, but does restrict the purchase of non-ADR foreign securities available on the U.S. OTC market. Some foreign securities may be subject to additional foreign tax withholding requirements, including ADRs and foreign securities traded on a domestic market. 8This restriction limits the participant’s ability to purchase Leveraged/Inverse ETFs only. This restriction does not include mutual funds. 9Trade Check™ is a product of Compliance Solutions partner Schwab Compliance Technologies, Inc. (formerly Compliance11, Inc.) (“SchwabCT”).
Compliance Solutions is comprised of SchwabCT and Schwab Designated Brokerage Services (DBS), a division of Charles Schwab & Co., Inc. (“Schwab”). Compliance Solutions provides technology, compliance, and brokerage solutions for corporate clients who monitor their employees’ securities activity. PCRA is a product of Schwab. SchwabCT and Schwab are separate but affiliated entities, and each is a subsidiary of The Charles Schwab Corporation.
10Schwab cannot monitor participant trading of company stock in PCRA. The Plan Sponsor can monitor participant trading of company stock using Trade Check.
11Section K applies to publicly traded securities issued by the Plan Sponsor or its affiliates and which are Qualifying Employer Securities within the meaning of Section 407(d)(5) of ERISA (collectively, “Company Stock”). Please note that if investment in a broad category of securities, such as Equities, is permitted elsewhere on this Trading Menu, and Company Stock is not restricted in Section K or Section L, then Plan participants will be able to invest in Company Stock.
Exhibit A:
Schwab Personal Choice Retirement Account® (PCRA)
Plan Trading Menu Establishment (Continued)
L. Please list all exceptions below. The exceptions listed in Section L will override the choices in the previous sections A–K. If you have more than four exceptions, please attach an additional sheet.
Please check whichever applies.
Fund/Security Description CUSIP Number Symbol Permitted Not Permitted ____________________________________________________________ ______________ ______________ ____________________________________________________________ ______________ ______________ ____________________________________________________________ ______________ ______________ ____________________________________________________________ ______________ ______________ ©2020 Charles Schwab & Co., Inc. All rights reserved. Member SIPC.
CC3843881 (0220-09D0) APP77678-05 (03/20) *APP77678-05=05*
Exhibit B:
Options Agreement: Only complete this section if Options Trading is selected in the Plan Trading Menu (Exhibit A).
In consideration of Charles Schwab & Co., Inc. accepting and carrying an options account for the Plan, I (as Trustee acting on behalf of the Plan) hereby understand and agree that in addition to the provisions of the Account Agreement, the following shall apply:
Plan Sponsor Authorization
I represent and confirm that the Plan Fiduciary authorizes and hereby directs Schwab to rely upon and treat any direction or instruction provided by the Recordkeeper or Trustee (together, the “Directing Party[ies]”) as a direction or instruction of the Plan Fiduciary authorized to provide such direction or instruction under the terms of the Plan or under any subsequent delegations of fiduciary authority and applicable law. The Plan Fiduciary hereby represents that the Directing Parties are authorized and directed to complete any requested documentation to establish options trading in the Plan and to represent on behalf of the Plan Sponsor that they agree to the terms of the Charles Schwab & Co., Inc. Options Trading Rules contained herein.
Handling of Account
I understand that the PCRA (“Account”) shall be handled in accordance with the rules of the Options Clearing Corporation (OCC), the applicable exchange and/or other regulatory agencies, and I understand that I will not violate these rules.
Options Disclosure Documents
I will not enter an order for any listed options until I have received and read the OCC disclosure document titled “Characteristics and Risks of Standardized Options.”
Options Agreement
I understand that the purchase and writing of options contracts involve inherent risks and that the Plan is financially able to bear such risks and to withstand any losses resulting from trading.
Options Positions Covered
I understand that a Participant may not write a call option nor buy a put option unless there is an adequate quantity of the underlying security in the account. I further understand that a Participant may not sell a cash-secured equity put option without sufficient cash to be secured to cover that cash-secured put option.
Exercise Limitation
I understand that the various options exchanges may restrict transactions in particular options or the exercise of options contracts at their discretion from time to time.
Size Limits of Options and Exercises
I will not, acting alone or in concert with others, whether directly or indirectly, violate the position or exercise limitations which may be fixed from time to time by the exchange or market where such options contracts are traded.
Options Commissions
I understand that due to the short-term nature of options, it is likely that Participants will be trading options to a greater degree than other securities and that they will be charged a commission each time such a transaction is made.
Suitability
I agree to advise Schwab if there is any change in the Plan’s investment objective or financial situation.
Assignments
I understand that exercise assignment notices for options contracts are allocated among customer short positions pursuant to a manual procedure which randomly selects from among all customer short options positions, including those contracts which are subject to exercise.
All short options positions are liable for assignment at any time. A more detailed description of Schwab’s random allocation procedure is available upon request.
Signature and Date Required
X
Authorized Plan Sponsor Signature Print Name Date
©2020 Charles Schwab & Co., Inc. All rights reserved. Member SIPC. CC3883042 (0118-7F68) REG91285-02 (02/20) The automatic investment of your free credit balance, including the frequency and the amount of each sweep, is governed by the terms and conditions set forth in the Cash Features Disclosure Statement and in the Account Agreement applicable to your account. The material in this document is intended for informational purposes only.
If there is any confl ict between the descriptions in this document and the terms of the Cash Features Disclosure Statement, the Cash Features Disclosure Statement will control.
How the Cash
Features Program
Works
Schwab’s Cash Features Program is the service (described in the Cash Features Disclosure Statement) that we provide to automatically invest, or “sweep,” the free credit balance in your account into a liquid investment to earn interest. The program permits you to earn income while you decide how those funds should be invested longer term.
Available Cash
Feature
The available cash features currently consist of:
• The free credit balance in your eligible account (the “Schwab One® Interest feature”), on
which Schwab pays interest;
• Interest-bearing deposit accounts at one or more of our affi liated banks (the “Bank Sweep feature” for most accounts and the “Bank Sweep for Benefi t Plans feature” for retirement plan accounts); and
• For some accounts, one or more affi liated money market mutual funds (the “Money Fund Sweep feature”).
Eligibility Eligibility for each cash feature is based on the registered ownership and the type of account.
Not all account registrations and account types will be eligible for all cash features. Some account registrations and account types will be eligible for only one cash feature. Please see your Account Application and the Cash Features Disclosure Statement for more complete eligibility details.
Duty to Monitor
Eligibility for Cash
Features
It is your responsibility to monitor your eligibility for the cash features and determine the best cash feature available to you. Schwab is not responsible for contacting you if you are, or later become, eligible for other higher-yielding cash features.
Interest Rates and
Yields
The interest rates and yields for the different cash features vary over time. There is no guarantee that the interest rate and yield on any particular cash feature will be or will remain higher than the interest rate and yield on any other cash features over any period. Current interest rates and yields can be obtained by contacting your independent investment advisor or your Financial Consultant, or by calling us at 1-800-435-4000. If you already have an account, you can visit our website at www.schwab.com/sweep. If your account is an Advisor Services account, please contact your advisor, visit www.schwab.com/SA_sweep, or call Schwab Alliance at 1-800-515-2157.
• The interest rate on the Schwab One Interest feature is set by Schwab. We can seek to pay as low a rate as possible consistent with our views of competitive necessities. With certain exceptions, the rate will be tiered based upon the overall free credit balance within your account.
• The interest rate on the Bank Sweep feature is set by our affi liated bank(s), which can seek to pay as low a rate as possible consistent with their views of competitive necessities.
Retirement accounts will be paid a reasonable rate consistent with applicable legal and regulatory requirements. With certain exceptions, the rate will be tiered based upon your account type and the combined amount of your account’s Bank Sweep deposits at our affi liated bank(s).
Brokerage Products: Not FDIC-Insured • No Bank Guarantee • May Lose Value Cash Features Program
General Terms and Conditions Page 1 of 2
©2020 Charles Schwab & Co., Inc. All rights reserved. Member SIPC. CC3883042 (0118-7F68) REG91285-02 (02/20) Cash Features Program General Terms and Conditions | Page 2 of 2 Interest Rates and
Yields
(Continued)
• The interest rate on the Bank Sweep for Benefi t Plans feature is set by our affi liated bank(s), which intend to pay interest consistent with reasonable rate provisions of applicable legal and regulatory requirements. This can be lower than some competitors’ rates. Interest rates do not vary by tiers and do not vary based on your cash balances. • Money market mutual funds offered through the Money Fund Sweep feature seek to achieve the highest yield (less fees and expenses) consistent with prudence and their investment objectives.
Cash features are not intended to be long-term investments, and yields on any of our cash features can be lower than those of similar investments or deposit accounts offered outside the Cash Features Program. If you desire to maintain cash balances for other than a short-term period and/or are seeking the highest yields currently available in the market, please contact your Schwab representative or visit www.schwab.com/cash for investment options that may be available outside of the Cash Features Program to help maximize your return potential consistent with your investment objectives and risk tolerance. If your account is an Advisor Services account, please contact your advisor, visit www.schwab.com/SA_cash, or call Schwab Alliance at 1-800-515-2157.
Benefi ts to Schwab We charge fees and receive certain benefi ts under the different cash features. A portion of these fees and benefi ts can be shared with your investment professional. Because of these fees and benefi ts, we have a fi nancial incentive to select the particular cash features included in the Cash Features Program.
Differing Risks and
Account Protection
The different cash features are subject to different risks and account protection:
• The Schwab One®
Interest feature is not subject to market risk and value loss but is subject to the risk of Schwab’s failure. In the unlikely event that Schwab fails, cash is eligible for SIPC coverage up to a limit of $250,000 (including principal and interest) per client in each insurable capacity (e.g., individual or joint). Free credit balances held at Schwab are not insured or guaranteed by the FDIC.
• The Bank Sweep and Bank Sweep for Benefi t Plans features are not subject to market risk and value loss but are subject to the risk of the failure of one or more of our affi liated banks.
In the unlikely event that one or more of our affi liated banks fails, deposits at each bank are eligible for FDIC insurance protection up to a limit of $250,000 (including principal and interest) per depositor in each insurable capacity (e.g., individual, joint, and plan participant).
This limit includes any other deposits you may have at that bank outside of the Bank Sweep and Bank Sweep for Benefi t Plans features. You are responsible for monitoring your bank balances in the Bank Sweep and Bank Sweep for Benefi t Plans features and the balances in any of your other bank accounts at each affi liated bank to determine if these, in total, exceed FDIC insurance limits. Monies held in both features are not covered by SIPC. • Money market mutual funds in the Money Fund Sweep feature invest in high-quality, shortterm securities and seek to maintain a stable value, but are subject to market risks and potential value loss. They are not bank accounts and are not subject to FDIC insurance protection. They are instead covered by SIPC, which protects against the custodial risk (and not a decline in market value) when a brokerage fi rm fails by replacing missing securities and cash up to a limit of $500,000, of which $250,000 may be cash. Shares held through the Money Fund Sweep feature are not considered cash, but are treated as securities for SIPC coverage.
Brokerage Products: Not FDIC-Insured • No Bank Guarantee • May Lose Value APP77678-05
00241726
Nationwide Retirement Solutions 10 W Nationwide Blvd. Columbus OH 43215 DC-4675-0318
Mutual Fund Service Fee Payments
Nationwide Retirement Solutions, Inc. and its affiliates (Nationwide) offer a variety of investment options to public sector retirement plans through variable annuity contracts, trust or custodial accounts. Nationwide may receive payments from mutual funds or their affiliates in connection with those investment options. For more detail about the payments Nationwide receives, please visit www.nrsforu.com.
Nationwide Retirement Solutions 10 W Nationwide Blvd. Columbus OH 43215 DC-4345-0318
Customer Identification Program Disclosure
Important Information About Procedures For New Clients
Section 326 of the USA Patriot Act requires financial institutions, including broker/dealers, to have a Customer Identification Program. Nationwide Retirement Solutions is required to give its new clients notice about its Customer Identification Program.
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each client, when you agree to contract with Nationwide.
What this means to a governmental deferred compensation plan: As part of our Customer Identification Program, we will ask you for your name, address, tax identification number, and other information that will allow us to identify you.
Your organization may be contacted by Nationwide to help verify this information. There is no action required on your part in this process, other than providing the necessary information for verification.
DC-4346-1014
Nationwide Investment Services Corp. (NISC) Disclosure Statement Nationwide Investment Services Corp. (NISC), a subsidiary of Nationwide Financial Services, Inc., firmly believes in the value of preplanning for business interruptions. In an effort to serve both our internal and external customers by providing on-going service operations, NISC has developed a business continuity plan to address the possibility of a significant business disruption.
Should an event occur that hinders our ability to conduct normal business operations, NISC has secured remote locations to resume critical business operations within a reasonable period of time. Should business functions be interrupted by the loss of a primary business facility, associates and/or “work” would be relocated to an alternate NISC site. In the event of a systems facility loss, applications would be redirected to their primary recovery location, which could be an alternate NISC facility or a remote recovery service provider. The hierarchical structure of the NISC recovery plans includes the ability to address incidents that are department, facility, city, state or regional in nature.
It is NISC’s intention to transact business during an interruption whenever possible. Depending on the nature and severity of the interruption, recovery timeframes may vary. For small scope outages, i.e. business unit or single application disruption, recovery timeframes would be controllable and limited. With processing and servicing functions primarily concentrated in the in the Midwest, a regional disruption could have extended recovery timeframes that range from hours to days. To help mitigate this risk, redundant networks, alternate remote systems recovery sites and alternate power sources are included in our recovery strategy.
URBO# NFN-1026AO.4
Nationwide, Nationwide is on your side, and the Nationwide N and Eagle are services marks of Nationwide Mutual Insurance Comp any. © 2024 Nationwide.
Rev. 01/2024
FACTS WHAT DOES NATIONWIDE DO WITH YOUR
PERSONAL INFORMATION?
Why? Financial companies choose how they share your personal information. Federal and state laws give consumers the right to limit some but not all sharing. Federal and state laws also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What? The types of personal information we collect and share depend on the product or service you have with us. This information can include:
▪ Social Security number and income
▪ Account balances, transaction history, and credit history ▪ Assets and insurance claim history
How? All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Nationwide chooses to share; and whether you can limit this sharing.
Reasons we can share your personal information Does Nationwide share?
Can you limit this sharing?
For our everyday business purposes—
such as to process your transactions, maintain your
account(s), respond to court orders and legal
investigations, or report to credit bureaus
Yes No
For our marketing purposes—
to offer our products and services to you Yes No
For joint marketing with other financial companies No We don’t share For our affiliates’ everyday business purposes—
information about your transactions and experiences Yes No For our affiliates’ everyday business purposes—
information about your creditworthiness No We don’t share For our affiliates to market to you No We don’t share
For nonaffiliates to market to you No We don’t share
Questions? Call 1-888-999-2018 or go to www.nationwide.com/privacy URBO# NFN-1026AO.4
Who we are
Who is providing this notice? Nationwide Financial Services, Inc., and the Nationwide Family of Companies (collectively “NFS”). For a complete list of our Family of Companies, visit https://www.nationwide.com/personal/about-us/affiliated-companies/ What we do
How does Nationwide protect my
personal information?
To protect your personal information from unauthorized access and use, we use security measures that comply with federal and state laws. These measures include computer safeguards and secured files and buildings. We limit access to your information to those who need it to do their job.
How does Nationwide collect my personal
information?
We collect your personal information, for example, when you ▪ apply for insurance or give us your contact information ▪ pay your insurance premiums or file an insurance claim ▪ show your driver’s license
We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.
Why can’t I limit all sharing? Federal and state laws give you the right to limit only ▪ sharing for affiliates’ everyday business purposes—information about your creditworthiness
▪ affiliates from using your information to market to you ▪ sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.
What happens when I limit sharing for an
account I hold jointly with someone else?
Your choices will apply to everyone on your account.
Definitions
Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies. Our affiliates include nonfinancial companies, such as companies with the Nationwide name, such as Nationwide Mutual Fire Insurance Company and Nationwide Mutual Insurance Company. Visit nationwide.com for a list of affiliated companies.
Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies. NFS does not share with nonaffiliates so they can market to you.
Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you. NFS doesn’t jointly market.
Other important information
Nevada Residents: We are providing you this notice under state law. You may request to be placed on our internal Do Not Call list by sending an email with your phone number to [email protected]. You may request a copy of our telemarketing practices. For more on this Nevada law, contact: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; phone number: 1 -702-486-3132; email:
[email protected]; Nationwide, 1000 Yard Street GH-2D-OCA1, Columbus, OH 43212; 1-888-999-2018; [email protected].
For Vermont Customers: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal informatio n, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Additional information concerning our privacy policies can be found at www.nationwide.com/privacy or call 1-888-999-2018.
For insurance customers in AZ, CT, GA, IL, ME, MA, MT, NV, NJ, NM, NC, ND, OH, OR, and VA only: The term “Information” means information we collect during an insurance transaction. We will not use your medical information for marketing purposes without your consent. We may share you r Information with nonaffiliates without your prior authorization as permitted or required by law. We may share your Information with insurance regulatory authorities, law enforcement, and consumer reporting agencies. Information we obtain from a report prepared by an insurance-support organization may be retained by that insurance-support organization and disclosed to others.
To request access to or deletion of your personal information, send a written letter to: Nationwide, 1000 Yard Street GH-2D-OCA1, Columbus, OH 43212.
Include your name, address, and your policy, contract, or account number, and describe the information you wish to access or delete. You may correct inaccurate personal information by visiting Nationwide.com or calling your agent. We can’t change information other companies, like credit agencies, provide to us. You’ll need to ask them to change it.
California Residents: Learn more about your rights under the California Consumer Privacy Act by visiting www.nationwide.com/privacy.
NRS-2101AO (Standard) (05/2006)
NATIONWIDE® RETIREMENT SOLUTIONS
GROUP FLEXIBLE PURCHASE PAYMENT DEFERRED FIXED ANNUITY
Underwritten by
Nationwide Life Insurance Company
One Nationwide Plaza
Columbus, Ohio 43215
CERTIFICATE OF PARTICIPATION AND DISCLOSURE DOCUMENT
This Certificate is designed to provide you basic information regarding your participation in the Group Flexible Purchase Payment Deferred Fixed Annuity Contract (“Contract”) funding your individual benefits under the Plan provided by your Employer. You are receiving this Certificate because you are a Participant, Retired Participant, or beneficiary of the Plan.
This Certificate includes basic information about the Contract and your benefits under it.
You should read this Certificate carefully before participating and retain it for future reference.
If you have any questions regarding this Certificate or need additional information, please contact us using any of the following methods.
Regular Mail E-Mail Telephone
Nationwide Retirement Solutions
P.O. Box 182797
Columbus, OH 43218-2797
[email protected] 1-877-NRS-FORU (677-3678)
Before investing, please remember the Contract and this Certificate are not insured by the FDIC, NCUSIF, or any other Federal government agency. All guarantees under the Contract are supported by our general account.
The Contract and this Certificate are not registered with the Securities and Exchange Commission.
This Certificate is dated May 1, 2006.
NRS-2101AO 2 (Standard) (5/2006)
TABLE OF CONTENTS
SPECIAL TERMS USED IN THIS CERTIFICATE...............................................................................................3 DESCRIPTION OF CHARGES AND EXPENSES .................................................................................................4 General Account Charge
Participant Account Charge
Contract Maintenance Charge
Other Expense Charges
DESCRIPTION OF THE CONTRACT....................................................................................................................4 INTEREST CREDITING UNDER THE CONTRACT...........................................................................................5 YOUR PARTICIPANT ACCOUNT..........................................................................................................................5 General Information Regarding Participant Accounts
Calculating the Value of Your Participant Account
Exchanges and Transfers
Limitations on Exchanges and Transfers
Participant Benefit Payments
Retirement Income Payment Options
TERMINATION OF THE CONTRACT..................................................................................................................7 NRS-2101AO 3 (Standard) (5/2006)
SPECIAL TERMS USED IN THIS CERTIFICATE
Business Day - Each day the New York Stock Exchange and our home office are open for business.
Companion Investment Option(s) - Another investment option under the Plan. This may include other investment contracts and options offered by us or by another provider.
Certificate - This Certificate of Participation and Disclosure Document describing your benefits under the Contract issued to your Employer.
Contract - The document describing the obligations and rights between your Employer and us.
Contract Owner - Your Employer.
Employer - The entity that employs you and sponsors the Plan under which you participate. Your Employer may have delegated sponsor responsibilities to a third-party or independent board. For purposes of this Certificate, Employer will mean your employer and/or any third-party or independent board that sponsors your Plan.
Exchange - The movement of amounts in your Participant Account to a Companion Investment Option under the Plan.
General Account - Our general account into which Participant Contributions are allocated under your Employer’s Contract.
Nationwide - Nationwide Life Insurance Company. References to “we,” “our,” or “us,” will also mean Nationwide Life Insurance Company.
Participant - An employee or independent contractor eligible to be a part of the Plan and entitled to benefits under the Plan. References to “you,” and “your,” will also mean Participant.
Participant Account - An individual account established for you under the Plan. A Participant Account will record all transactions attributable to the Plan on your behalf. This includes, but is not limited to, Participant Contributions, Exchanges, Transfers, and credited interest.
Participant Account Value - The present value of your Participant Account.
Participant Benefit Payments - All payments of benefits that result from your retirement, termination of employment, or any payment that you are entitled to based on the terms of the Plan.
Participant Contributions - The allocation of dollars you make to your Participant Account.
Plan - The retirement plan or tax deferred arrangement provided by your Employer.
Retired Participant - When you have severed employment with the Employer providing the Plan you become a Retired Participant for purposes of this Certificate and your eligibility to receive benefits, if any, will be determined according to the Plan.
Transfer - The movement of amounts attributable to your Participant Account to a non-Companion Investment Option.
NRS-2101AO 4 (Standard) (5/2006)
DESCRIPTION OF CHARGES AND EXPENSES
The charges and expenses assessed against your Participant Account are determined by your Employer and us.
Your Participant Account may be subject to some or all of these charges and expenses.
The charges and expenses listed below are the current maximum charges and expenses we assess for Contracts we issue. The maximum charges and expenses we assess, as well as the charges we assess your Plan, are subject to change.
General Account Charge
We may assess a General Account charge against the interest credited to your Participant Account. The charge is deducted from the interest yield we credit, resulting in a lower overall crediting rate.
Current Maximum General Account Charge: 1.00%
Any applicable General Account charge will be assessed on each Business Day.
Participant Account Charge
The Participant Account charge is a flat-dollar fee we assess against your Participant Account.
Current Maximum Participant Account charge: $100 per year Any applicable Participant Account charge will either be taken instead of, or in addition to, the General Account charge. If we assess this fee, it will be collected on a monthly, quarterly, semi-annual, or annual basis.
Contract Maintenance Charge
The Contract maintenance charge is a flat-dollar fee assessed at the Contract level.
Current Maximum Contract Maintenance Charge: $1,000,000 per year Any applicable Contract maintenance charge will either be taken instead of, or in addition to, the General Account charge. If we assess this fee, it will be collected on a monthly, quarterly, semi-annual, or annual basis. Your Employer will direct us as to how to apportion this fee against all Participant Accounts under the Contract, including your Participant Account.
Other Expense and Service Charges
Your Employer may request us to perform additional services for the Plan, provide special Participant level services, or request to have expenses associated with the Plan deducted from assets in the Contract. If this occurs, we will determine with your Employer the amount of the charge associated with any additional services we provide. With regard to any additional expenses, we will generally accept your Employer’s direction with regard to how these charges are deducted from the Contract, including how they are deducted from Participant Accounts.
DESCRIPTION OF THE CONTRACT
We issue the Contract as a funding vehicle for employer sponsored governmental benefit plans. Typically, these are governmental deferred compensation plans receiving favorable tax treatment under section 457(g) of the Internal Revenue Code or defined contribution plans receiving favorable tax treatment under section 401(a) of the Internal Revenue Code. However, we may issue the Contracts to fund other employer sponsored benefit plan.
NRS-2101AO 5 (Standard) (5/2006)
Purchase payments representing Participant Contributions, including yours, are allocated to the General Account.
We accept purchase payments to the Contract in the currency of the United States of America. We may accept purchase payments in another form, but only with our prior written consent.
As a Participant, Retired Participant, or beneficiary under the Contract you received this Certificate. This Certificate describes the benefits afforded to you under the Contract. These benefits involve the segregation and maintenance of your Participant Account and the ability to convert your Participant Account into a lifetime stream of guaranteed income payments (an annuity).
Your benefits under the Contract are contingent on the Contract remaining in-force. Your Employer or Nationwide may terminate the Contract under certain circumstances and transfer your Participant Account to a funding successor (a new provider). Unless otherwise specified in this Certificate, termination of the Contract ends your benefits under the Contract.
The Contract is not a part of your Plan. Your right to receive benefits and tax treatment of benefits are not governed by the Contract, but instead are determined by your Plan.
The Contract is non-participating and will not share in our surplus.
INTEREST CREDITING UNDER THE CONTRACT
We will credit interest to your account each Business Day based on the annual yield we declare. We also reserve the right to prospectively discontinue accepting Participant Contributions, Exchanges and Transfer allocations.
All guarantees associated with the Contract and your Participant Account allocation to it are liabilities of our General Account and are guaranteed by us.
The Contract is structured with guaranteed annual minimum interest rates and guaranteed quarterly interest rates.
The annual minimum guaranteed interest rate is established at the beginning of each calendar year. This guarantee means interest credited through the current calendar year will never be less than this minimum rate. The guaranteed quarterly rate is established at the beginning of each calendar quarter. During the current calendar quarter, interest credited will never be less than this minimum rate.
We establish our interest rate guarantees at our own discretion based upon a multitude of factors.
In the event your Employer terminates the Contract and requests a lump-sum payment on the effective date of termination, amounts allocated to the Contract (including allocations attributable to Participant Accounts) are subject to a negative market-value adjustment.
The Contract is not insured by the FDIC, NCUSIF, or any other Federal government agency. Any Contract guarantees are subject to our claims paying ability.
YOUR PARTICIPANT ACCOUNT
General Information Regarding Participant Accounts
We establish a Participant Account for each Participant under the Plan, including you. Your Participant Account records all relevant transactions you make, or in some cases the Plan makes. It also records Participant Contributions, Exchanges and Transfers, and Participant Benefit Payments.
We may delegate responsibilities regarding maintaining Participant Accounts to one of our third-party affiliates.
Your Employer may want us to use another third-party to maintain Participant Accounts. Even if we delegate responsibilities regarding Participant Accounts to a third-party, we will continue to be ultimately responsible for maintaining Participant Accounts.
NRS-2101AO 6 (Standard) (5/2006)
Calculating the Value of Your Participant Account
Each Business Day, we calculate the value of your Participant Account. The value is determined by taking total Participant Contributions; adding the daily interest earned; adding any incoming Exchanges or Transfer; subtracting any outgoing Exchanges or Transfers; subtracting Contract Owner direct withdrawals; subtracting Participant Benefit Payments; and any applicable charges, plan expenses and/or additional expense charges.
Exchanges and Transfers
We will permit you to Exchange amounts from your Participant Account attributable to the Contract to Sub-Account to a Companion Investment Option. We will permit you to Transfer amounts from your Participant Account attributable to the Contract to a non-Companion Investment Option if permitted by the Plan. If you have severed employment with your Employer, we will also permit you to Transfer amounts in your Participant Account attributable to the Contract to a funding successor.
Transfers and Exchanges add or subtract to the value of your Participant Account attributable to the Contract on the Business Day the transaction is requested. Exchanges to a Companion Investment Option or Transfers to a nonCompanion Investment Option are governed by the terms and conditions of these external investment options.
We may permit Exchanges or Transfers to be performed in more than one manner, such as the telephone, in writing, or over the internet. All Exchange and Transfer requests may be subject to rules we establish. Rules covering Exchanges and Transfers are designed to protect you and us, and to ensure all transactions are conducted in an orderly fashion consistent with all applicable laws.
Limitations on Exchanges and Transfers
Outgoing Exchanges and Transfers will be limited depending on elections made by your Employer. You will be subject to either a Participant level limitation or an aggregate limitation based on all assets held in the Contract under the Plan. We will provide you with specific information regarding the restrictions applicable upon request.
Our failure to take action with regard to any one or more of the restrictions listed above is not a waiver on our part of our right to enforce the restrictions later. If we fail to take action on the restrictions in one instance, you should not consider it a waiver of our right to enforce the restrictions at a later date.
Participant Benefit Payments
Your Plan provides the right for you to receive Participant Benefit Payments. In most instances, Participant Benefit Payments are permitted only when you become a Retired Participant or have otherwise severed employment with your Employer. There may be other instances or conditions that arise that may permit you to receive payment from your Participant Account in the form of a Participant Benefit Payment. Requirements and conditions of your receiving such payments are governed by your Employer’s Plan.
Retirement Income Payment Options
We will make the following payment schedules and annuity options available to Retired Participants. Payment frequencies available under these income payment options are monthly, quarterly, semi-annual and annual. (1) Payments of a Designated Amount - This payment schedule option represents a systematic liquidation of your Participant Account by taking a specified dollar amount at a determined frequency. (2) Payments of a Designated Period - This payment schedule option represents a systematic liquidation of your Participant Account by taking payments over a specific period of time at a determined frequency. (3) Life Income - This annuity payment provides the Retired Participant with payment contingent exclusively on his or her continuation of life. Payments are calculated using current annuity purchase rates and methods.
NRS-2101AO 7 (Standard) (5/2006)
(4) Life Income with Payment Certain (5, 10, 15 and 20 Years) - This annuity payment option provides you with payment contingent on your continuation of life, but with a guarantee that at least a minimum predetermined duration of payments are received by you and any of your beneficiaries, regardless of your own mortality. Payments are calculated using our current annuity purchase rates and methods. (5) Joint and Last Survivor Life Income - This annuity payment option allows you and another named individual to receive payments guaranteed throughout your life and the life of the additional individual you name. Payments cease upon the last “survivor’s” death. We may also permit Joint and Last Survivor annuities with payment reductions after the first death. Payments are calculated using our current annuity purchase rates and methods.
(6) Any Other Option – We may make any other payment plans available upon agreement of your Employer and us. Additional annuity payment options we make available will be calculated using our current annuity purchase rates and methods.
TERMINATION OF THE CONTRACT
The Contract may be terminated by your Employer or us at any time. The proceeds of the Contract will be paid within one-hundred twenty days (120) of receipt of the notice to terminate by the non-terminating party (the “effective date of termination”). However, if an Underlying Investment Option cannot reasonably liquidate amounts on the effective date of termination, we may deliver, in addition to cash, any unliquidated securities held by the Underlying Investment Option that could not reasonably be liquidated.
We will discontinue accepting additional Purchase Payments to the Contract within thirty (30) days following receipt by the non-terminating party of notice to terminate. We may continue to accept Purchase Payments, however, if we reach a mutual agreement to do so with your Employer. After notice of termination is received by the non-terminating party, further liquidations from the Contract will not be permitted.
Until the effective date of termination is reached, we will continue to maintain your Participant Account and permit you to receive any applicable Participant Benefit Payments. You will not be able to make any Participant Contributions thirty (30) days after notice of termination is received by the non-terminating party. We may continue to accept Purchase Payments, however, if we reach a mutual agreement to do so with your Employer. We will let you continue to make Exchanges and Transfers, subject to any of the limitations imposed on your Participant Account prior to termination.
When the effective date of termination is reached, the Contract, including amounts attributable to your Participant Account, will be transferred to a funding successor using one of the following methods described below (based on your Employer’s election). Once the Contract is terminated and all amounts are paid-out, our liability with regard to benefits and your Participant Account and any benefits described in the Contract and this Certificate will end.
However, if you have purchased an annuity payment option (assuming one is available under the Contract) we will continue to send you annuity payments and be obligated to provide you the guaranteed income stream under the annuity payment option.
The Contract will be paid in one of the following two ways (depending on your Employer’s election). (1) Lump-sum Payment. This payment method involves a total liquidation of the Contract, including amounts allocated to your Participant Account. Your Participant Account will, however, be subject to a market value adjustment if the present value of assets in the Contract attributable to your Participant Account are less than the value of the Contract’s allocation to your Participant Account. We determine any market value adjustment at our sole discretion, but we do so in a manner consistent with approximation of the present value of assets attributable to the Contract. If a market value adjustment is applied, it will decrease the value of the Contract, including amounts in your Participant Account attributable to the Contract.
NRS-2101AO 8 (Standard) (5/2006)
(2) Sixty (60) Monthly Installments. This payment method results in the Contract being paid in sixty (60) monthly installments. We do not begin installment payments until the first month of the calendar year following the effective date of termination of the Contract. The amount of each installment is determined by the following:
(a) the Contract value on the date before the installment is paid; divided by (b) the number of remaining installments.
We will not permit Contract liquidations in addition to the installment payments described above. We also will not permit Exchanges or Transfers.
For Nationwide:
Secretary President
1 RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
ADOPTING AN EMPLOYER SPONSORED VOLUNTARY
DEFINED CONTRIBUTION DEFERRED RETIREMENT SAVINGS
PLAN UNDER INTERNAL REVENUE CODE SECTION 401(a)
WHEREAS, City of Santa Clara established a deferred compensation program whereby City officers and or employees could voluntarily authorize a deferral of a portion of their compensation to be invested in an Internal Revenue Service (IRS) approved deferred compensation plan authorized by the City Council and regulated under applicable state and federal law, and IRS rules and regulations, known as a §457(b) Deferred Compensation Plan within the meaning of section 457(b) of the Internal Revenue Code of 1986; and WHEREAS, on November 21, 2024, the City’s Advisory Committee on deferred compensation recommended the City adopt and approve implementation of a Section 401(a) Deferred Compensation Plan upon terms aligned with the City’s existing Section 457(b) Plan, and recommended the City Manager seek authority to execute all required Section 401(a) Deferred Compensation Plan documents upon terms aligned with the City’s existing Section 457(b) Plan; and
WHEREAS, the City desires to expanded its deferred compensation plan to include an Employer sponsored voluntary defined contribution deferred retirement savings plan under Internal Revenue Code section 401(a) in the name of and for the benefit of eligible officers and employees; and
WHEREAS, Nationwide Trust Company, FSB (Nationwide) serves as Trustee of the City’s current 457(b) Deferred Compensation Plan, and the City desires to align its deferred compensation plans and appoint Nationwide Trust Company, FSB as Trustee(s) of the Section 401(a) Plan;
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. The City hereby adopts the Section 401(a) Deferred Compensation Plan, to be effective on September 23, 2025, and will act as administrator of the Plan responsible for performing all actions necessary to carry out the administration of the Plan.
2. The City hereby appoints Nationwide Trust Company, FSB as Trustee for the City’s Section 401(a) Deferred Compensation Plan.
3. The Section 401(a) Deferred Compensation Plan participants shall be provided with a summary of the Plan provisions within a reasonable period of time following the adoption of the Section 401(a) Deferred Compensation Plan;
2 4. The City designates the City Manager to perform the actions necessary to administer and implement the Plan and is authorized to execute the Section 401(a) Deferred Compensation Plan document.
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 23rd DAY OF SEPTEMBER 2025, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-1042 Agenda Date: 10/7/2025
REPORT TO COUNCIL
SUBJECT
Action on a Resolution Approving the 2026 Historical and Landmarks Commission Calendar of Meetings
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 October 2, 2025 Historical and Landmarks Commission (HLC) meeting, the Commission recommended the proposed 2026 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
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 City of Santa Clara Page 1 of 2 Printed on 10/3/2025
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25-1042 Agenda Date: 10/7/2025
(408) 615-2220, email [email protected].
RECOMMENDATION
Adopt a Resolution approving the 2026 Historical and Landmarks Commission Calendar of Meetings.
Reviewed by: Afshan Hamid, Director, Community Development Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Resolution Approving 2026 HLC Calendar
2. 2026 HLC Calendar of Meetings
City of Santa Clara Page 2 of 2 Printed on 10/3/2025
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Resolution/HLC Calendar of Meetings 2026 Page 1 of 1
Rev: 11/22/17
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
APPROVING THE 2026 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 2, 2025, the Historical and Landmarks Commission recommended to the City Council its meeting schedule for 2026.
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 2026 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 _________, 2025, 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. 2026 Historical and Landmarks Commission Meeting Schedule Schedule of Meetings
2026
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 8, 2026
February 5, 2026
March 5, 2026
April 2, 2026
May 7, 2026
June 4, 2026
August 6, 2026
September 3, 2026
October 1, 2026
November 5, 2026
December 3, 2026
Presented at the October 2, 2025 HLC Commission Meeting City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-1091 Agenda Date: 10/7/2025
REPORT TO COUNCIL
SUBJECT
Action on a Resolution Approving the 2026 Civil Service Commission Calendar of Meetings, and Setting the Number and Start Time of Regular Meetings of the Civil Service Commission
BACKGROUND
City Charter Section 1003 states that each of the boards and commissions of the City shall hold regular meetings as required by City Code. City Code Section 2.120.030 states that each board or commission shall hold regular meetings at the times and on the days indicated by resolution of the City Council, which resolutions may be amended from time to time by further resolution of the Council.
DISCUSSION
At the September 11, 2025, Civil Service Commission meeting, the Commission recommended the proposed 2026 Schedule of Meetings, which includes twelve (12) regular meeting dates and six (6) potential Board of Review hearing dates, which would commence after conclusion of the regular Civil Service Commission meeting, if necessary to hear an appeal. The start time for each Civil Service Commission meeting is recommended to start at 6:00 p.m.
The new resolution for City Council approval establishes the 6:00 p.m. Civil Service Commission start time and twelve (12) regular meetings for the year (which may be cancelled at the discretion of the City Manager based upon best practices for agenda management). The Commission has voted to continue to hold its meetings on the second Thursday of each month, beginning in January 2026.
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 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 City of Santa Clara Page 1 of 2 Printed on 10/3/2025
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25-1091 Agenda Date: 10/7/2025
outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected], or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Adopt a Resolution approving the 2026 Civil Service Commission Calendar of Meetings and setting the number and start time of regular Civil Service Commission meetings.
Reviewed by: Marco Mercado, Acting Director of Human Resources Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Civil Service Commission 2026 Meeting Dates
2. Resolution Approving the 2026 Civil Service Commission Calendar of Meetings City of Santa Clara Page 2 of 2 Printed on 10/3/2025
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Resolution Page 1 of 2
Rev: 7/27/2023
RESOLUTION NO. 25-_____
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA APPROVING THE 2026 CIVIL SERVICE
COMMISSION CALENDAR OF MEETINGS, AND
SETTING THE NUMBER AND START TIME OF
REGULAR CIVIL SERVICE COMMISSION 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, the Civil Service Commission, at its September 11, 2025, meeting recommended a regular meeting schedule for 2026 which proposes twelve (12) regular meetings and a start time of 6:00 p.m., as reflected on the attached Civil Service Commission 2026 Meeting Dates; and WHEREAS, the Civil Service Commission also recommended reserving six (6) potential dates during the calendar year for Board of Review hearing dates, to be convened as needed, as reflected on the attached Civil Service Commission 2026 Meeting Dates.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the City of Santa Clara are hereby finds that the above Recitals are true and correct and by the reference makes them a part thereof.
2. That the City Council herby approves setting the Civil Service Commission regular meeting start time at 6:00 p.m., and establishes twelve regular (12) meetings for calendar year 2026, set on the second Thursday of each month, beginning in January (as set forth on the attached Civil Service Commission 2026 Meeting Dates), which meetings may be cancelled at the discretion of the City Manager based upon best practices for agenda management.
That the City Council hereby approves the six (6) potential Civil Service Commission meeting dates during the 2026, as listed in the attached Civil Service Commission 2026 Meeting Dates, for the Board of Review hearing dates, to be convened as needed, upon completion of the Resolution Page 2 of 2
Rev: 7/27/2023
regularly scheduled Civil Service Commission meeting.
3. Effective date. This resolution shall be effective January 1, 2026.
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 _________, 2025, 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. Civil Service Commission 2026 Meeting Dates
CIVIL SERVICE COMMISSION
ZOOM/CITY COUNCIL
CHAMBERS
1500 Warburton Avenue
Santa Clara, CA 95050
Schedule of Meetings
2026
Regular meetings are held on the second Thursday of each month, beginning in January 2026 beginning at 6:00 p.m., in the City Council Chambers at 1500 Warburton Avenue, Santa Clara, or via Zoom in accordance with the following schedule.
Meeting Dates
January 8, 2026
February 12, 2026*
March 12, 2026
April 9, 2026*
May 14, 2026
June 11, 2026*
July 9, 2026
August 13, 2026*
September 10, 2026
October 8, 2026*
November 12, 2026
December 10, 2026*
*The Board of Review will commence immediately following the conclusion of the CSC meeting, if necessary.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-1098 Agenda Date: 10/7/2025
REPORT TO COUNCIL
SUBJECT
Action on Resolution for an Exception to the 180 Day Waiting Period to Appoint Kathy Bunce, A Retired Annuitant To Serve as Temporary Extra Help (Government Code Sections 7522.56 and 21224) in the Community Development Department to Perform Work as a Management Analyst
BACKGROUND
Generally, the Public Employment Retirement Law (PERL) requires that retired annuitants serve a 180-day wait period before working in a retired annuitant position. However, the PERL also provides for exceptions to this waiting period if certain criteria are met and the governing body of the public agency adopts a non-consent calendar resolution at a public meeting approving the appointment as a critically needed position before the 180 days has passed. The adoption of the resolution allows the employer to hire a retired annuitant to perform work of a limited duration requiring specialized skills (Government Code Sections 7522.56 and 21224).
DISCUSSION
Kathy Bunce was a Management Analyst in the Community Development Department. She retired on September 27, 2025. It is recommended that Ms. Bunce be rehired on October 14, 2025. The Department has begun a Management Analyst recruitment for the position Ms. Bunce left vacant at her retirement. At this time, the City is requesting to hire Ms. Bunce to perform special projects in the Community Development Department which have May 2026 reporting and filing due dates.
Ms. Bunce’s specialized skills as a Management Analyst will produce efficiencies which will benefit the Department. The Department will assign the following special projects to Ms. Bunce: Housing and Urban Development (HUD) reports; funding reports for Community Block Development Grants (CBDG) and HOME funds; grant oversight, including reporting and compliance; oversee progress toward meeting CDBG timeliness by May 2026; evaluate possible changes to the Neighborhood Conservation and Improvement Program (NCIP) home repair program to increase cost efficiency and impact; assess executed the FY 25/26 CDBG and HOME grant agreements with subrecipients; assist with preparation of the 26/27 Annual Action Plan; and train the new Management Analyst.
The City seeks to appoint Ms. Bunce to a limited term and for a period which spans the 180 day wait period. In her appointment, Ms. Bunce will be assigned duties comparable to the Management Analyst classification. This appointment will mean the City will have the necessary expertise concerning various federal grants, appropriate fund distribution assistance and oversight, and training to orientate and preserve institutional knowledge until the time the City is able to successfully recruit and onboard a new Management Analyst in 2026. This employment arrangement would fall under the type 1 appointment (Government Code Section 21224).
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25-1098 Agenda Date: 10/7/2025
The recommended actions would certify Ms. Bunce’s appointment meets the requirements as defined in Government Code Sections 7522.56 and 21224, specifically:
1. Appointment is necessary to perform critically needed duties prior to the expiration of the 180-day wait period;
2. She has not received a Golden Handshake or any other form of retirement-related incentive;
3. Adoption of resolution was not placed on the consent calendar;
4. Employment will be limited to 960 hours/fiscal year, and not exceed 2 extensions of this period; and
5. Compensation will be within the posted salary range in the publicly available salary schedule.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
The Public Employees’ Pension Reform Act (PEPRA) sets forth limitations for compensating retired annuitants. All retirees must be paid hourly, at no less than the minimum, nor more than the maximum, paid to employees doing similar work. Based on the CalPERS formula for setting retired annuitant pay rates, the individual will be paid at the hourly rate for as-needed consultant position as follows:
Retired Annuitant Hourly Rate of Pay Fiscal Year Maximum Amount Kathy Bunce $78.21 $75,082
Retirees also do not receive any benefits. Sufficient appropriations are available in the Community Development Department to fund this position.
COORDINATION
This report has been coordinated with the City Attorney’s Office and the 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].
ALTERNATIVES
1. Adopt the attached Resolution to permit a Retired Annuitant to provide valuable service to the City post-retirement but within the first 180 days of their retirement; or
2. Direct Staff to return with other options
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25-1098 Agenda Date: 10/7/2025
RECOMMENDATION
Adopt a Resolution for an Exception to the 180 Day Waiting Period To Appoint, Kathy Bunce, A Retired Annuitant To Serve as Temporary Extra Help (Government Code Sections 7522.56 and 21224) in the Community Development Department to Perform Work as a Management Analyst.
Reviewed by: Marco Mercado, Acting Director of Human Resources Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Resolution for an Exception to the 180 Day Waiting Period To Appoint, Kathy Bunce, a Retired Annuitant
2. Bunce, Kathy - Offer Letter
City of Santa Clara Page 3 of 3 Printed on 10/3/2025
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Resolution
Rev: 7/27/2023
RESOLUTION NO. 25- _
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
FOR EXCEPTION TO THE 180-DAY WAITING PERIOD TO HIRE A
RETIRED ANNUITANT AS A TEMPORARY EXTRA HELP
EMPLOYEE (GOVERNMENT CODE SECTIONS 7522.56 AND
21224) AS A MANAGEMENT ANALYST IN THE COMMUNITY
DEVELOPMENT DEPARTMENT
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, in compliance with Government Code section 7522.56 the City of Santa Clara must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date;
WHEREAS, Kathy Bunce (CalPERS ID 6797218792) retired from the City of Santa Clara in the position of Management Analyst in the Community Development Department, effective September 27, 2025;
WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is March 31, 2026, without this certification resolution;
WHEREAS, section 7522.56 provides that this exception to the 180 day wait period shall not apply if the retiree accepts any retirement-related incentive; WHEREAS, the City of Santa Clara and Kathy Bunce certify that Kathy Bunce has not and will not receive a Golden Handshake or any other retirement-related incentive; WHEREAS, the City of Santa Clara hereby appoints Kathy Bunce as an extra help retired annuitant to perform the critically needed duties of Temporary Employee for the City of Santa Clara under Government Code section 21224, effective October 14, 2025; WHEREAS, the entire employment agreement, contract or appointment document between the City of Santa Clara and Kathy Bunce has been reviewed by this body and is attached herein; WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar;
Resolution
Rev: 7/27/2023
WHEREAS, the employment shall be limited to 960 hours per fiscal year; WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties; WHEREAS, effective December 22, 2024, the maximum hourly salary rate for the Temporary Employee position is $214.06, and the minimum hourly equivalent is $18.20; WHEREAS, the hourly rate paid to Kathy Bunce will be $78.22; and WHEREAS, Kathy Bunce has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. The City of Santa Clara hereby certifies the appointment of Kathy Bunce and that this appointment is necessary to fill the critically needed position of Temporary Employee for the City of Santa Clara. The retired annuitant was a Management Analyst for the Community Development Department and will be rehired performing the comparable duties of the Management Analyst classification. The hourly rate to be paid to Kathy Bunce is consistent with the salary for the classification of Management Analyst , as set forth in the published Unclassified Salary Plan.
2. The Community Development Department, Housing Division is responsible for specific tasks that include but are not limited to grant compliance, including Housing and Urban Development (HUD) reporting, funding of programs for Community Block Development Grants (CBDG), and monitoring compliance of HOME funds.
3. Ms. Bunce will assist with grant oversight, including reporting and overseeing grant funding and compliance, and oversee progress toward meeting CDBG timeliness by May 2026. Ms.
Bunce will evaluate possible changes to the Neighborhood Conservation and Improvement Program (NCIP) home repair program to increase cost efficiency and impact. Ms. Bunce will assess execute the FY 25/26 CDBG and HOME grant agreements with subrecipients once Resolution
Rev: 7/27/2023
the agreements with HUD are signed. She will help prepare the 26/27 Annual Action Plan and train the new Management Analyst.
4. 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 __, 2025, 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. Bunce, Kathy – Offer Letter
1500 Warburton Avenue ● Santa Clara, CA 95050 ● Phone: 408-615-2080 ● Fax: 408-985-0667 ● www.SantaClaraCA.gov 1 Human Resources
October 1, 2025
Kathy Bunce
Dear Kathy,
Congratulations! This is to confirm our offer of employment for the As-Needed Temporary Employee (Retired Annuitant) (Job Code 349) position in the Community Development Department with the City of Santa Clara.
This letter serves as our offer of employment. Please review it carefully, sign on the designated signature line, and return the signed letter and attachments referenced below to Ashley Lancaster at [email protected].
Below are a few key provisions for your offer of employment:
• Effective Date: Tuesday, October 14, 2025
• Salary: Your hourly pay rate is $78.22 per hour.
• Employment Status: As-Needed employment as a retired annuitant is not to be considered permanent. As such, this position is not subject to general wage increases or regular salary adjustments. This is an “at-will” position and hours in any given week is not guaranteed.
Under CalPERS regulations and the City of Santa Clara practices, retired annuitants are not permitted to work more than 960 hours per fiscal year (July 1 through June 30). If you reach 960 hours during the fiscal year, your assignment will end.
If you are OR will be employed by another CalPERS agency during the course of your employment with the City of Santa Clara, you must immediately notify the Human Resources Department of any change in your employment status.
By signing this offer, you acknowledge that you meet the retired annuitant rehire requirements set forth by CalPERS (refer to section Employment of a Retiree). If you have questions regarding rehire eligibility, please contact CalPERS before signing the offer letter.
• Pre-Hire Packet:
You must complete and sign the documents listed below and return them to your recruiter at [email protected] at the same time you return this letter, accepting the City’s formal offer of employment:
I-9 Form Designation of Beneficiary Form
DMV Authorization for Release of
Driver Record Information
EDD Employee’s Withholding Allowance
Certificate (State Tax Form)
Re: City of Santa Clara Offer of Employment – Kathy Bunce
2 New Employee Identification Form Form W-4 (Federal Tax Form) Emergency Contact Form Direct Deposit Authorization Agreement • Form I-9 Employment Eligibility Verification: All new employees are required to show documentation which proves their identity and their eligibility to work in the United States.
A list of acceptable documentation can be found at http://uscis.gov/i-9-central/acceptabledocuments. Please bring I-9 employment verification identification with you on your first day of employment; original documents are required. You will not be eligible to work until you have completed your I-9 verification.
• New Employee Orientation (NEO): You are required to attend the NEO with the Human Resources Department to continue your employment. You have been scheduled to attend on:
o Tuesday, October 14, 2025 at 3:30 PM
o City of Santa Clara – City Hall: Human Resources Department o Free parking is available at the Triton Museum of Art parking lot (across the street from City Hall)
o Please bring your I-9 employment verification identification with you If you have questions, please contact the Human Resources Department at (408) 615-2080.
Sincerely,
Ashley Lancaster
Human Resources Department, Acting Assistant Director
As a CalPERS retired annuitant, I understand it is my responsibility to confirm my CalPERS retirement formula and eligibility for rehire with CalPERS. I understand violation of CalPERS rules may jeopardize my retirement with CalPERS. I have reviewed the CalPERS guidelines for retired annuitants: https://www.calpers.ca.gov/retirees/working-after-retirement/retiredannuitant. Initial ___________ I accept the terms and conditions of my employment with the City of Santa Clara. ______________________________________ Date: ______________________ Kathy Bunce
cc: Adam Marcus, Housing and Community Services Division Manager City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-948 Agenda Date: 10/7/2025
REPORT TO COUNCIL
SUBJECT
Update on the Santa Clara Valley Transportation Authority’s Bart Silicon Valley Phase II Extension Project and Action on a Revision to the West Portal Early Works Construction Transportation Management Plan for the Project
BACKGROUND
The Santa Clara Valley Transportation Authority's (VTA) BART Phase II Extension Project (Project) is a four-station, six-mile extension of the BART system. The Project begins at the Berryessa/North San Jose BART Station and extends into San Jose with three stations in San Jose (28th Street/Little Portugal, Downtown San Jose, and Diridon), a final station in Santa Clara (i.e. Santa Clara BART Station), and a train maintenance and storage facility also known as the Newhall Maintenance Yard (Attachment 1).
Council has held previous study sessions related to the Project on April 23, 2019, January 5, 2022, May 10, 2022, March 21, 2023, and April 23, 2024. The City has also entered into a Master Agreement and two Cooperative Agreements with the VTA and adopted the findings of the Final Supplemental Environmental Impact Report (FSEIR) completed by the VTA for the Project.
Additionally, on June 6, 2023, the City Council approved the West Portal Early Works Construction Transportation Management Plan (West Portal CTMP) for the Project (Attachment 2).
West Portal CTMP: As highlighted during previous Council study sessions, the VTA is moving forward with design and construction efforts for the Project in multiple packages. In May 2022, VTA awarded the Project’s Tunnel and Trackwork contract (Contract Package 2 or CP2) to the joint venture of Kiewit Shea Traylor (KST). The initial phase of work (also known as Early Works) for KST is to prepare the West Portal site, located at VTA’s Newhall Yard property, as this will be the launch site for the Project’s tunnel boring machine (TBM) and staging area during major construction and tunneling operations. These Early Works activities include site grading, temporary utility installation, and construction of access roads, temporary field office buildings, precast concrete plant and grout plant, and launch structure for the TBM (Attachment 3).
Prior to Early Works construction at the West Portal site, the VTA and KST prepared the West Portal CTMP to address potential temporary effects to multimodal transportation circulation, access, and emergency vehicle access needs during this early phase work. Due to the VTA’s request to have nighttime operations and utilize Brokaw Road (near Costco) for truck hauling access, the West Portal CTMP was brought to Council for discussion on June 6, 2023 and was ultimately approved by the City Council. Additionally, as a majority of construction activities on the West Portal site are within the City of San Jose’s jurisdiction, the San Jose City Council also approved the West Portal CTMP on City of Santa Clara Page 1 of 5 Printed on 10/3/2025
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25-948 Agenda Date: 10/7/2025
June 18, 2023.
DISCUSSION
After approval by both the Santa Clara City Council and the San Jose City Council, construction activities commenced on the West Portal site in Spring 2024. Activities to date include:
· site preparation (grading, temporary utility installation, field office buildings and construction of access roads);
· precast concrete and grout plants assembly;
· noise curtain installation;
· sheet pile installation (driving metal sheets into the ground to support excavation); · construction of guide walls for underground support;
· electrical infrastructure work (installing control panels, ducts, and utility pads); · building deep underground support walls to retain water and soil; · groundwater dewatering to safely excavate the launch structure; excavation within areas enclosed by sheet piles; and
· installation of Y-shaped concrete panels, forming part of the underground support wall system.
Recently, the VTA requested that both Santa Clara and San Jose consider a revision to the West Portal CTMP to allow for:
· an extension of nighttime operations by two additional hours · the ability to work on Sundays as needed (with no truck hauling activity) · other updates, such as a modification to the construction sequence originally included in the West Portal CTMP.
Revisions to the West Portal CTMP require the approval of the City Council.
Extension of Nighttime Operations:
The approved West Portal CTMP allows VTA to work on the West Portal site in 12 and 22 hours shifts as shown in Table 1 below.
Table 1
Current Working Hours and Days (Approved West Portal CTMP) Shift Hours Days Estimated Duration
Single Shift (12 hours) 6am to 6pm M-F Mid-2023 through late 2023 Double Shift (22 hours) 6am to 4am M-F, Sat Late 2023 through early 2025 VTA and KST indicated that after the approval of the West Portal CTMP and during finalization of the construction documents, completion of additional geotechnical investigations, and adding a specialty deep foundation subcontractor, the project team recognized the necessity of additional work hours to complete the project successfully. Specifically, VTA has requested that working hours be allowed between 4am to 6am, resulting in a 24-hour workday.
It is important to note that the need for a continuous 6:00 AM to 6:00 AM operation is due to the many City of Santa Clara Page 2 of 5 Printed on 10/3/2025
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25-948 Agenda Date: 10/7/2025
construction activities that require continuous operations once initiated. For example, to construct the necessary slurry wall to support the project’s excavation requires uninterrupted excavation, rebar placement, and concrete pouring to avoid excavation collapse. VTA has also indicated that the additional two hours is crucial for completing concrete pours and mitigating potential schedule delays.
The proposed additional nighttime working hours are shown in Table 2 below.
Table 2
Proposed Working Hours and Days (Amended West Portal CTMP) ShiftHoursDaysEstimate
d Duration
Single Shift (12 hours) 6am to 6pm M-Sat October 2025** through Oct 2027
Double Shift (24 hours) 6am to 6am 7 days* October 2025** through Oct 2027
*Sunday as backup only.
**Pending Council approval.
Currently, nighttime work is being performed at the Project site including construction of deep concrete walls underground to hold back water and soil, involving trench excavation, slurry installation, and concrete pours. VTA monitors construction noise to ensure that the work stays within the permitted noise levels identified in the Project’s approved environmental limits. Additionally, VTA actively communicates with adjacent properties during nighttime work activities and has established a 24-hour hotline that is monitored by the Project’s External Affairs Team. Recently, KST has installed a temporary sound curtain to further alleviate construction noise complaints.
Sunday Work Days (As Needed)
The VTA is also requesting that the Project have the ability to work on Sundays, as needed. As proposed, Sunday work activities will exclude off-site hauling and on-site activities will be limited to those with minimal potential impacts on the surrounding community. Potential Sunday activities may include instrumentation and monitoring system maintenance, rebar tying, welding, construction equipment maintenance, and progressing critical path activities after coordination with the Project team who will notify both the City of Santa Clara and City of San Jose on any planned Sunday work.
Update to Construction Sequencing and Staging: The amended CTMP provides updated information related to how VTA and KST plan to sequence and stage construction activities at the West Portal site. Table 3 provides a breakdown of the four construction stages and the period of construction for each stage.
Table 3
Construction Sequencing and Staging
Stage Construction Activity Estimated Duration
1 Site Grading Beginning Summer 2024 for 6
Months (complete)
2 Site Development Beginning 1st Quarter 2025 for 9
Months (underway)
3 Precast Plant and TBM Segment
Storage Area
Beginning Summer 2025, Expected
duration 13 Months (underway)
4 TBM Shaft and Muck Bin Excavation Beginning Summer 2025, Expected duration 27 Months (underway)
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25-948 Agenda Date: 10/7/2025
Stage Construction Activity Estimated Duration
1 Site Grading Beginning Summer 2024 for 6
Months (complete)
2 Site Development Beginning 1st Quarter 2025 for 9
Months (underway)
3 Precast Plant and TBM Segment
Storage Area
Beginning Summer 2025, Expected
duration 13 Months (underway)
4 TBM Shaft and Muck Bin Excavation Beginning Summer 2025, Expected duration 27 Months (underway)
All other items in the West Portal CTMP remain the same, including:
· Employee parking
· Detour routes, construction access
· Transportation operational Level of Service analysis
· Coordination with PayPal Park events and operations
· Coordination with on-going nearby development projects construction (i.e. Gateway Crossings) and existing businesses (i.e. Costco).
City of San Jose Approval of Amendment to West Portal CTMP: Per the authority granted by the San Jose City Council, the San Jose Director of Public Works has granted approval of the 24-hour work day on August 22, 2025. The approval of the subject Amendment to the West Portal CTMP will be forthcoming. The 24-hour, Mondays through Saturday work is San Jose’s jurisdiction.
Recommendation: Based on the need to support uninterrupted construction operations for the slurry walls and deep foundation work, maintain project schedule, and minimize long-term impacts on surrounding businesses and residents, staff recommends that the City Council approve the Revision to the West Portal CTMP. Approval will provide the necessary flexibility for the VTA and KST to complete critical early works efficiently.
ENVIRONMENTAL REVIEW
On April 5, 2018, the VTA, as lead agency under the California Environmental Quality Act of 1970, certified the Project’s Final Supplemental Environmental Impact Report (FSEIR) and adopted findings as required by CEQA. On July 13, 2021, the City adopted Resolution No. 21-8990 which adopted the Findings of the FSEIR completed by VTA for the BART Silicon Valley Phase II Extension Project. The City’s review and approval of the West Portal CTMP is within the scope of the FSEIR. The proposed revision to the West Portal CTMP does not change the scope of the Project analyzed in the FSEIR, nor does it involve new significant impacts or a substantial increase in the severity of previously identified impacts. Therefore, no additional CEQA review is required, and the revision remains fully covered under the original FSEIR.
FISCAL IMPACT
The City and VTA have entered into a Master Agreement and two Cooperative Agreements related to VTA’s reimbursement of City’s staff time spent on the Project.
COORDINATION
The Project regularly conducts public outreach and engagement activities to ensure that local stakeholders and community members are kept up to date. This is done through various tabling events, meetings with local stakeholders, quarterly BART Phase II Community Working Group meetings, and the distribution of electronic communications (e.g., email blasts, electronic newsletters, City of Santa Clara Page 4 of 5 Printed on 10/3/2025
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25-948 Agenda Date: 10/7/2025
social media, and blog posts) for Project milestones. VTA has hosted in-person and virtual meetings and briefings for the community to learn about the early construction activities, ask questions, and provide feedback. In addition, VTA has engaged with stakeholders whose local street network would be most affected by Project haul routes, including Costco, Hunter Partners, Holland Partners, Apple, Encanto/Orlo/Altura Condominium Associations, and the San José Earthquakes/PayPal Park. This item has been coordinated with the City Attorney’s Office, Community Development Department, VTA, and the City of San Jose.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
ALTERNATIVES
1. Approve the Revision to the West Portal Early Works Construction Transportation Management Plan for the VTA’s BART Phase II Extension Project
2. Authorize the City Manager or designee to approve minor modifications, such as annual updates or supplemental plans, to the CTMP, if needed.
3. Provide other direction to staff and the VTA on the Revision to the West Portal Early Works Construction Transportation Management Plan for the VTA BART Phase II Extension Project
RECOMMENDATION
1. Approve the Revision to the West Portal Early Works Construction Transportation Management Plan for the VTA’s BART Phase II Extension Project in the form presented; and
2. Authorize the City Manager or designee to approve minor modifications, such as annual updates or supplemental plans, to the CTMP, if needed.
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Project Location Maps
2. June 6, 2024 Santa Clara City Council Approved West Portal CTMP
3. West Portal Early Works Site Maps
4. VTA’s BART Phase II Extension, West Portal Early Works Amended CTMP City of Santa Clara Page 5 of 5 Printed on 10/3/2025
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ATTACHMENT 1, PROJECT LOCATION MAPS
VTA BART Silicon Valley Extension Program
Phase I
Phase II
BART Warm Springs/
South Fremont Station
SANTA CLARA
Santa C
City Hal
Santa Clara S
FREMONT
•
Berryess
~forth San Jo
Statio
SAN JOSE 28th Street/
Little Portugal Station
ow town San Jose Station
SJSU
Diridon Station ~
ATTACHMENT 1, PROJECT LOCATION MAPS
Phase II Extension (Map 1)
SANTA CLARA STATION
CITYOF
SANTACLARA
Stockton
Avenue
i!> "'I.I,; Mid-T•mnel
CITYOF t"- Facility
SANJOSE
NOTTO SCALE
28TH STREET/
hlTTLE PORTUGAL
ST'ATION
- Phase I Ali~nmer,t - Pha>e II Ground, Level Allgnmo,nl = Pha>e II Tunnel Allgnm.,nt ATTACHMENT 1, PROJECT LOCATION MAPS
Phase II Extension (Map 2)
---------- -·-·-------------------;;-
-·~:::,
I A 6-M-;;;;-I Extension of BART Se,vlce Q 4 New BART Stations fil - 2 Mid-Tunnel Facilities re, Storage Yard & Maintenance Facility ATTACHMENT 1, PROJECT LOCATION MAPS
Santa Clara Station Map
West Portal Early Works Project Location
Contract
Package 2
(CP2)
Specific
Construction
Transportation
Management
Plan (CTMP) For
West Portal Early Works
Revision No. 2
Contract Package 2
(CP2) Specific
Construction
Transportation
Management Plan
(CTMP) for
West Portal Early Works
Revision No.: 04
Issue Date:
05/30/2023
CSS Number:
GR-013126-1.04.E.1
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023 Page ii
DOCUMENT REVISION RECORD
REVISION
NUMBER
PURPOSE DATE
Revision 00 CTMP1 – West Portal Early Works (Draft Final) 12-09-2022 Revision 01 CTMP1 – West Portal Early Works (Revised Draft Final) 01-16-2023 Revision 02 CTMP1 – West Portal Early Works (Final) 04-10-2023 Revision 03 CTMP1 – West Portal Early Works (Revised Final) 05-01-2023 Revision 04 CTMP1 – West Portal Early Works (Revised Final) 05-30-2023 CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023 Page iii
APPROVALS:
As the KSTJV Design Manager for the BSVII Tunnel and Track Contract, I certify this submittal is in accordance with applicable clauses of the contract.
Eric Halvorson, Design Manager Date
Kiewit/Shea/Traylor Joint Venture
Jon N. Andresen, Jr. Date
KST Civil Design Lead
Jon Marshall Date
KST Engineer of Record
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023 Page iv
TABLE OF CONTENTS
1.0 Introduction ............................................................................................................................ 1
1.1 Project Location ............................................................................................................... 1
1.2 Project Team ................................................................................................................... 1
1.3 BSVII FINAL CTMP ......................................................................................................... 2
2.0 Construction Sequencing and Staging Plan............................................................................ 4
2.1 Construction Sequencing and Staging ............................................................................. 4
2.1.1 Stage 1 – Site Grading ............................................................................................... 6
2.1.2 Stage 2 – Site Development....................................................................................... 7
2.1.3 Stage 3 – Precast Plant and TBM Segment Storage Area.......................................... 7
2.1.4 Stage 4 – TBM Shaft and Muck Bin Excavation.......................................................... 7
2.2 Construction Equipment and Material Layout................................................................... 8
2.2.1 Field Offices and Parking ........................................................................................... 8
2.2.2 Interior Concrete Build-out Area ................................................................................. 9
2.2.3 Precast Plant and TBM Segment Storage .................................................................. 9
2.2.4 Grout Plant................................................................................................................. 9
2.2.5 Shaft Support of Excavation (SOE) and Muck Bin.................................................... 10
2.3 Detour Routes and Alternate Routes.............................................................................. 10
2.4 Traffic Control Plans ...................................................................................................... 10
2.5 Haul Routes ................................................................................................................... 10
2.5.1 Holiday Work............................................................................................................ 11
2.5.2 Trucker Management Plan ....................................................................................... 11
2.5.3 Haul Hours ............................................................................................................... 11
2.6 Warning Devices............................................................................................................ 14
2.7 Major Special Events ..................................................................................................... 14
2.8 Inclement Weather......................................................................................................... 14
2.9 Impact on Local Business and Residents....................................................................... 14
2.9.1 Paypal Events Management Plan............................................................................. 14
2.10 Noise and Vibration Abatement...................................................................................... 15
2.11 Concurrent Construction ................................................................................................ 15
2.12 Time of Construction...................................................................................................... 16
2.13 Public Information Requirements ................................................................................... 17
3.0 Traffic Improvements and Operational Analysis.................................................................... 17 CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023 Page v
3.1 INTRODUCTION ........................................................................................................... 17
3.2 Existing Conditions ........................................................................................................ 18
3.3 Background Conditions.................................................................................................. 19
3.4 Project Conditions.......................................................................................................... 20
3.5 Conclusions ................................................................................................................... 25
4.0 Public Operation and Bus Operations................................................................................... 26
4.1 Bus Operations .............................................................................................................. 26
4.2 Rail Transit Operations .................................................................................................. 26
5.0 Maintenance of Property Access .......................................................................................... 28
6.0 School Zone Safety Plan...................................................................................................... 28
7.0 Emergency Access and Response....................................................................................... 30
7.1 Emergency Vehicle Access Plan.................................................................................... 30
7.1.1 Protocol for Unanticipated Changes ......................................................................... 31
7.2 Emergency Vehicle Response Plan ............................................................................... 32
8.0 City Permit Requirements..................................................................................................... 33
9.0 List of Appendices ................................................................................................................ 33 TABLES
Table 1 - Summary CTMP Contents………………………………………………………………………. 2 Table 2 - Construction Sequencing………………………………………………………………………...4 Table 3 - Truck Volumes by Month…………………………………………………………………………5 Table 4 - Key Site Facilities and Equipment……………………………………………………………… 8 Table 5 - Concurrent Constructions……………………………………………………………………….15 Table 6 - Proposed Work and Haul Hours………………………………………………………………..17 Table 7 - Project Intersections……………………………………………………………………………..18 Table 8 - Project Operational Analysis……………………………………………………………………21 Table 9 - Existing Bus Route……………………………………………………………………………....26 Table 10 - KST Emergency Contact………………………………………………………………………30 Table 11 - List of Emergency Contacts as of December 2022…………………………………………31 CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023 Page vi
FIGURES
Figure 1 - Vicinity Map…………………………………………………………………………………… 1 Figure 2 - Haul Routes…………………………………………………………………………………… 13 Figure 3 - Existing Transit Operations………………………………………………………………… 28 Figure 4 – Nearby Schools……………………………………………………………………………… 29 Figure 5 - Emergency Service Area…………………………………………………………………… 32
APPENDICES
Appendix A – Site Layout, Sequencing and Staging Plan
Appendix B – Traffic Control Plans
Appendix C – Access to Businesses and Properties
Appendix D – Traffic Operation Data and Analysis
Appendix E – City Permit Requirements
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023 Page vii
ACRONYMS AND ABBREVIATIONS
ABBREVIATION DEFINITION
BART San Francisco Bay Area Rapid Transit
BMP Best Management Practice
BSV BART Silicon Valley
CP Contract Package
CTMP Construction Transportation Management Plan
CTMP1 Construction Transportation Management Plan for West Portal Early Works EAT External Affairs Team
ESCP Emergency Services Coordination Plan
KST Kiewit/Shea/Traylor
LOS Level of Service
MMRP Mitigation Monitoring and Reporting Program
SEIS / SEIR Supplemental Environmental Impact Statement / Subsequent Environmental Impact Report
SOE Support of Excavation
SWPPP Storm Water Pollution Prevention Plan
TBM Tunnel Boring Machine
TCP Traffic Control Plan
UPRR Union Pacific Railroad
VTA Santa Clara Valley Transportation Authority
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
1.0 INTRODUCTION
Kiewit Shea Traylor Joint Venture (KST) is the design-build contractor for the VTA BART Silicon Valley II Extension Project, Contract Package 2 (BSVII CP2). KST has prepared this CP2 West Portal Early Works specific Construction Transportation Management Plan (CTMP1) for the construction activities described herein.
1.1 PROJECT LOCATION
The project site is referred to as “West Portal” or “Newhall Yard” and is located in the Cities of San José and Santa Clara. The site is bounded by I-880 to the east, Brokaw Road to the west, Union Pacific Railroad (UPRR) tracks to the south, and Champions Way, Newhall Drive and existing developments to the north.
The site will be utilized as the launch site for the tunnel boring machine (TBM) and staging area during construction. Once construction is complete, the site will be utilized as BART storage and maintenance facility.
Figure 1 - Vicinity Map
1.2 PROJECT TEAM
Owner: Valley Transportation Authority (VTA)
Design-Build Contractor: Kiewit Shea Traylor Joint Venture (KST) Traffic Design Lead: KST and JMA Civil, Inc.
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
1.3 BSVII FINAL CTMP
This CTMP1 for CP2 West Portal Early Works is based on the program-wide Draft CTMP for BSVII, dated 9/10/2021, and covers all requirements set in the BSVII Draft CTMP. See Table 1 below for a summary of contents in the BSVII Draft CTMP and corresponding contents in this CTMP1.
This CTMP1 pertains to the Early Works, which consists of establishing construction support facilities and work prior to the launch of the TBM, such as site grading, temporary utility installation, and construction of temporary field office buildings, precast concrete plant and grout plant.
As agreed in prior coordination meetings, KST will handle Early Site Preparation activities outside of CTMP1 due to the low expected construction traffic volumes (less than 50 trucks a day, operating during standard City work hours). These activities include clearing and grubbing, minor demolition, fence installation and portion of lime treatment. KST will closely coordinate all work with the Cities and obtain any necessary permits.
Also agreed in prior coordination meetings, this CTMP1 applies for construction works at West Portal, except for during events at PayPal Park; a separate “Event Management Plan” addressing hauling during PayPal event ingress/egress will be developed in the coming months in coordination with VTA, the Cities of San José and Santa Clara, and PayPal Park.
In addition, subsequent work after the launch of the TBM, such as tunnel boring and hauling of excavated materials (Muck), will be addressed in a subsequent CTMP.
Table 1 - Summary CTMP Contents
No. BSVII Draft CTMP CP2 Early Works Specific CTMP
1 Chapter 2 – Construction Sequencing Chapter 2.0 - Construction Sequencing and Staging Plan
2 Section 3.1.1.1 – Vehicle, Bicycle and
Pedestrian Traffic
N/A as no impact is anticipated. See Section 2.3
3 Section 3.1.1.2 – Allowed Road Closures
and Lane Closure Requirements
N/A as no impact is anticipated. See Section 2.3
4 Section 3.1.1.3 – Private Property Access
Requirements
N/A as no impact is anticipated. See Chapter 5.0
- Maintenance of Property Access and Appendix
C - Access to Businesses and Properties
5 Section 3.1.1.4 – Detour Routes N/A as no impact is anticipated. See Section 2.3 6 Section 3.1.1.5 – Public Transit / Bus
Operations Impacts
N/A as no impact is anticipated. See Chapter 4.0
- Public Operation and Bus Operations
7 Section 3.1.2.1 – Construction Staging Section 2.1 - Construction Sequencing and Staging
8 Section 3.1.2.2 – Concurrent Construction Section 2.11 - Concurrent Construction 9 Section 3.1.2.3 – City Ordinances / Work
Hours
Section 2.12 -
Time of Construction
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
No. BSVII Draft CTMP CP2 Early Works Specific CTMP
10 Section 3.1.2.4 – Haul Routes Section 2.5 - Haul Routes 11 Section 3.1.2.5 – Emergency Response Chapter 7.0 - Emergency Access and Response 12 Section 3.1.2.6 – School Zone Safety Chapter 6.0 - School Zone Safety Plan 13 Section 3.1.2.7 – Construction Parking Section 2.1 - Construction Sequencing and Staging
14 Section 3.1.3 – Operational Requirements N/A as no public roadway impact is anticipated.
See Section 2.3 and 2.4
15 Section 3.1.4 – Contingency Plan Chapter 7.0 - Emergency Access and Response 16 Section 3.1.5 – City of San José General
Requirements
Work Hours – See Section 2.12
Haul Routes – See Section 2.5
Special Events – See Section 2.7
Downtown San José Requirements – N/A
Required Permits – See Chapter 8.0
17 Section 3.1.6 – City of Santa Clara General
Requirements
Work Hours – See Section 2.12
Haul Routes – See Section 2.5
Special Events – See Section 2.7
Required Permits – See Chapter 8.0
18 Section 3.2.7 – West Tunnel Portal Specific
Requirements
Transit Routes – See Chapter 4.0
Haul Routes – See Section 2.5
PayPal Park Coordination – See Section 2.9;
Separate “Event Management Plan”
Private Property Access – See Chapter 5.0
19 Appendix A – Emergency Services
Coordination Plan
Chapter 7.0 - Emergency Access and Response
20 Appendix B – Summary of Access and
Service Needs Memorandum
Appendix C - Access to Businesses and
Properties
21 Appendix C – San José Better Bike Plan
2025
N/A as no impact is anticipated. See Section 2.3
22 Appendix D – List of Ongoing and Planned
Construction Projects
Section 2.11 - Concurrent Construction
23 Appendix E – San José Draft Activity Work
Hours
Section 2.12 -
Time of Construction
24 Appendix F – List of Events N/A as no special events are impacted. See Section 2.7
25 Appendix G – Downtown Construction
Guidelines
N/A as West Portal is outside of Downtown area
26 Appendix H – San José Permit requirements Appendix E – City Permit Requirements CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
No. BSVII Draft CTMP CP2 Early Works Specific CTMP
27 Appendix I – Santa Clara Draft Activity Work
Hours
Section 2.12 -
Time of Construction
28 Appendix J – Santa Clara Permit
Requirements
Appendix E – City Permit Requirements
29 Appendix K – San José Arena
Transportation & Parking Management Plan
N/A as West Portal is outside of San José Arena
area
30 Appendix L – Earthquakes Stadium
Transportation & Parking Management Plan
Section 2.9 - Impact on Local Business
2.0 CONSTRUCTION SEQUENCING AND STAGING
PLAN
This section summarizes construction sequencing and staging, and transportation impacts anticipated during the West Portal early works activities.
2.1 CONSTRUCTION SEQUENCING AND STAGING
The West Portal Early Works consists of establishing the construction yard for West Portal and is planned to begin in summer 2023 and last until winter 2024 to early 2025. Sequencing and staging for the Early Works is summarized below. An overall site layout plan is included in Appendix A.
See Table 2 below for a summary of construction sequencing. As agreed in prior coordination meetings, KST will handle Early Site Preparation activities outside of CTMP1 due to the low expected construction traffic volumes (less than 50 trucks a day, operating during standard City work hours). These activities include clearing and grubbing, minor demolition, fence installation and portion of lime treatment. KST will closely coordinate all work with the Cities and obtain any necessary permits. In addition, work after Stage 4, such as tunnel mining and muck hauling, will be addressed in a subsequent CTMP.
Table 2 - Construction Sequencing
No. Construction Activity Period of Construction
Stage 1 Site Grading Beginning Summer 2023 1for 5 Months Stage 2 Site Development Beginning Summer 2023 1for 9 Months Stage 3 Precast Plant and TBM Segment Storage Area Beginning 2023 1for 13 Months Stage 4 TBM Shaft and Muck Bin Excavation Beginning Fall 2023 for 17 Months Notes:
1. Stage 1-3 to begin immediately after the approval of the CTMP and associated permits.
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
Average and peak truck volumes per day for each month of construction are summarized in Table 3 below. The estimated number of “Peak Days”, defined as greater than 250 trucks per day, is 5 days per month on average. KST will give the City of San Jose ([email protected]) notice two days prior to anticipated peak truck volume days.
Table 3 - Truck Volumes by Month
Date Average Daily Truck Volume
(Trucks/Day)
Peak Truck Volume
(Typical 5 days/month) (Trucks/Day)
Stage 1 Stage 2 Stage 3 Stage 4 Total Stage 1 Stage 2 Stage 3 Stage 4 Total Month 1 73 8 1 0 82 200 20 40 0 260
Month 2 73 8 1 0 82 200 20 40 0 260
Month 3 73 8 37 21 139 200 20 80 40 340
Month 4 73 0 37 21 131 200 0 100 40 340
Month 5 73 2 37 21 133 200 10 90 40 340
Month 6 73 2 37 0 112 200 10 130 0 340
Month 7 0 2 27 0 29 0 50 170 0 220
Month 8 0 2 27 79 108 0 50 170 120 340
Month 9 0 2 27 82 111 0 10 100 230 340
Month 10 0 0 27 113 140 0 0 100 240 340
Month 11 0 0 27 113 140 0 0 100 240 340
Month 12 0 0 27 113 140 0 0 100 240 340
Month 13 0 0 27 113 140 0 0 100 240 340
Month 14 0 0 0 32 32 0 0 0 60 60
Month 15 0 0 0 32 32 0 0 0 65 65
Month 16 0 0 0 32 32 0 0 0 65 65
Month 17 0 0 0 32 32 0 0 0 65 65
Month 18 0 0 0 32 32 0 0 0 65 65
Month 19 0 0 0 32 32 0 0 0 65 65
Notes:
Truck volumes include excavation and off-haul for site grading, imported fill material, deliveries of raw materials such as cement and aggregate, and deliveries of equipment, etc.
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
2.1.1 Stage 1 – Site Grading
In this stage, KST will establish main site entrance off Newhall Drive, and continue lime treatment and grading, generally from the southeast to the northwest. Key construction activities are summarized below; plans showing the site grading is included in Appendix A. • Relocation of a storm drain inlet, a sanitary sewer manhole and a backflow preventer near Newhall Drive.
• Establishment of construction entrances off Newhall Street, Newhall Drive and Brokaw Road. • Approximately 34,000 cubic yards of excavation and off-haul. • Approximately 85,000 cubic yards of imported fill.
• Remainder of lime treatment not performed during Early Site Preparation. • Compaction of the subgrade.
• Installation of temporary utilities.
The 34,000 cubic yards of off-haul and 85,000 cubic yards of imported fill require approximately 12,000 total truck trips.
Due to the level of site preparation required at the site, KST plans to distribute 75 percent of construction hauling vehicles through the main entrance on Newhall Drive; the rest will enter through the entrance on Brokaw Road. The entrance off Brokaw Road is required to minimize truck queuing at the Newhall Drive entrance. Both the Newhall Drive access and the Brokaw Road access are required access points for construction activities. However, each provides a point of ingress and egress in case one of the entrances is blocked due to unforeseen circumstances.
On Peak days Brokaw handles 85 trucks a day, which is 25 percent of 340 peak day trucks. If unforeseen circumstances do occur on Newhall to render it restricted or unusable, trucks would be queued onsite such that Brokaw would not see more than the typical peak of 85 trucks a day. The distribution between the Newhall Drive and Brokaw Road entrances is estimated based on the site layout and construction activity, but Brokaw will be limited to 85 trucks per day as a peak as a maximum for any stage of Early Works Construction.
Conversely, on peak days Newhall handles 255 trucks a day, which is 75 percent of 340 peak day trucks. If unforeseen circumstances block Brokaw, trucks would be queued or reduced such that Newhall would not see more than the typical peak of 255 trucks per day.
The anticipated maximums for average daily trucks is 73 and for peak daily trucks is 200 for stage
1. The trucking operations will be managed by the KST Truck Boss and as described in section 2.5.2 for all stages.
Construction entrance/exit, vehicle wash out area and other storm water pollution prevention BMPs will be in place. All queuing and stockpile locations will be contained within the construction site; see Appendix A for additional details. Average and peak truck volumes per day for each month of construction are shown in Table 3. The grading activity is estimated to require up to 200 trucks per day during peak days.
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
2.1.2 Stage 2 – Site Development
In this stage, KST will finish the development of the site, generally from the southeast to the northwest. Key construction activities are summarized below; plans showing the site development is included in Appendix A.
• Construction of additional site roads and parking.
• Installation of temporary office trailers.
• Installation of temporary utilities and connecting to offices.
Approximately 75 percent of construction vehicles will enter through the main entrance on Newhall Drive; the rest will enter though the entrance on Brokaw Road. All queuing and stockpile locations will be contained within the construction site; see Appendix A for additional details. Average and peak truck volumes per day for each month of construction are shown in Table 3 .
The anticipated maximum for average daily trucks is 8 and for the peak daily trucks is 50 for stage
2. 2.1.3 Stage 3 – Precast Plant and TBM Segment Storage Area In this stage, KST will construct the precast plant and storage area for the TBM segments. Key construction activities are summarized below; plans showing the construction of precast plant and TBM segment storage area is included in Appendix A.
• Surcharging precast plant and TBM segment storage area. • Installation of precast plant utilities.
• Construction of plant, gantry crane and storage area foundations and slabs. • Installation of plant building and equipment.
• Test production of the precast plant.
Approximately 75 percent of construction vehicles will enter through the main entrance on Newhall Drive; the rest will enter though the entrance on Brokaw Road. All queuing and stockpile locations will be contained within the construction site; see Appendix A for additional details. Average and peak truck volumes per day for each month of construction are shown in Table 3 .
The anticipated maximums for average daily trucks is 37 and for the peak daily trucks is 170 for stage 3.
2.1.4 Stage 4 – TBM Shaft and Muck Bin Excavation
In this stage, KST will excavate the tunnel boring machine (TBM) shaft and muck bin and assemble the TBM. Key construction activities are summarized below; plans showing the TBM shaft and muck bin excavation, and TBM assembly are included in Appendix A. • Construction of interior concrete build-out area and grout plant. • Muck bin excavation (soldier piles, excavation and construction of MSE wall and liner).
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
• Construction of SOE starter wall.
• Construction of Support of Excavation (SOE) slurry walls (confinement walls, TBM shaft walls, and ramp walls).
• TBM shaft and ramp excavation (Caterpillar beams and excavation). • Construction of TBM shaft concrete.
• Construction of TBM crane pad.
• Construction of TBM supporting facilities.
• Assemble the TBM.
Approximately 75 percent of construction vehicles will enter through the main entrance on Newhall Drive; the rest will enter though the entrance on Brokaw Road. All queuing and stockpile locations will be contained within the construction site; see Appendix A for additional details. Average and peak truck volumes per day for each month of construction are shown in Table 3. The excavation of the TBM shaft and ramp is estimated to require up to 200 trucks per day during peak days.
The anticipated maximums for average daily trucks is 113 and for the peak daily trucks is 240 for stage 4.
The subsequent tunnel excavation and muck hauling is not part of the Early Works and will be discussed in a separate CTMP
2.2 CONSTRUCTION EQUIPMENT AND MATERIAL LAYOUT
This section summarizes the construction equipment and material layout once the West Portal construction yard has been established. See Table 4 below for a summary of key site facilities and equipment. See Appendix A for site layout plan.
Table 4 - Key Site Facilities and Equipment
No. Site Facility/Equipment Stage of Construction
1 Field Offices and Parking Stage 2 – Site Development
2 Interior Concrete Build-out Area Stage 4 – TBM Shaft and Muck Bin Excavation
3 Precast Plant and TBM Segment Storage Stage 3 – Precast Plant and TBM Segment Storage Area
4 Grout Plant Stage 4 – TBM Shaft and Muck Bin
Excavation
5 Shaft Support of Excavation (SOE) and Muck Bin Stage 4 – TBM Shaft and Muck Bin Excavation
2.2.1 Field Offices and Parking
Employee parking will be provided at the southeast end of the site with approximately 300 parking stalls. Vehicles will enter and exit through two entrances on Newhall Street.
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
Field office trailers will be installed north of the employee parking area. There will be approximately 20,000 square feet of office space and 7 dry houses measuring 12’x40’ each. Temporary utility services, including portable water, sanitary sewer, electrical and communications will be provided to the office trailers.
At the peak for Early Works construction, there will be approximately 120 craft employees and approximately 100 staff. Craft workers in the day shift typically arrive at 5:30 – 6:00 AM and leave from 4:00 to 4:30 PM. Craft workers in the night shift typically arrive from 4:00 to 4:30 PM and leave 4:00 to 4:30 AM. Staff workers typically arrive from 5:00 to 7:30 AM and leave from 3:30 to 6:30 PM.
The Early Works construction activities will require approximately 220 parking stalls, compared to the 300 parking stalls provided. The parking stalls will remain for major construction (such as tunnel mining and muck hauling), when approximately 300 parking stalls will be required. Major construction activities are addressed in a separate CTMP.
2.2.2 Interior Concrete Build-out Area
The interior concrete build-out area is located at the northeast edge of the site, measuring approximately 125’x400’. The area is used to store materials for the tunnel construction, such as rails. Small mechanical shop, electrical shop, warehouse and drums are also located adjacent to the concrete build-out area.
When materials are received they will be unloaded and stockpiled at the interior concrete build-out area. The site roads are designed so that truck queuing and loading/unloading along the interior concrete build-out area will not impact traffic circulation within the site. No material stockpiling or truck queuing will take place outside the construction yard.
2.2.3 Precast Plant and TBM Segment Storage
The precast plant is located at the northeast edge of the site, north of the interior concrete build-out area. When in full production the precast plant will have a capacity of 10 tunnel liner rings/day. The precast tunnel segments will then be transferred to the TBM segment storage area, located between the interior build-out area and the precast plant, measuring approximately 120’x1,020’.
The TBM segments will be stacked on strip footing and loaded/unloaded by a gantry crane.
All processes relating to the precast plant production will be fully contained within the construction yard.
2.2.4 Grout Plant
The grout plant is located at the southwest edge of the site across the site road from the precast plant. When in full production the grout plant will have a capacity of 50 cubic yards per hour. The grout will be loaded/unloaded at designated areas adjacent to the plant. There are also small storage containers and other equipment in this area.
All processes relating to the grout plant production will be fully contained within the construction yard.
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
2.2.5 Shaft Support of Excavation (SOE) and Muck Bin
The TBM Shaft is located at the southwest edge of the site, south of the grout plant and across the site road from the interior build-out area. When in operation excavated material (muck) will be carried out by a conveyor system and stored in the muck bin, located between the shaft and the grout plant. Muck will be loaded to truck around the muck bin perimeter and hauled off site. The muck hauling and other construction activities when the construction yard is in full operation will be covered in a separate CTMP as this CTMP is applicable to the Early Works only.
2.3 DETOUR ROUTES AND ALTERNATE ROUTES
Detour routes and alternate routes are not anticipated for West Portal Early Works at this time as no long-term lane closures are anticipated, since all construction activities, queuing and staging will be within the West Portal site. The traffic operational analysis presented in Section 3.0 shows minimal effects on LOS due to construction traffic at the existing signalized intersections.
All pedestrian, bicycle and vehicular facilities will be maintained throughout the construction; no sidewalk, shoulder or lane closures are currently anticipated.
2.4 TRAFFIC CONTROL PLANS
Long-term traffic control plans are not anticipated for West Portal Early Works at this time as no sidewalk, shoulder or lane closures are currently anticipated. Installation of temporary utilities may require temporary lane closures which lasts a few hours to a couple of days; traffic control plans will be provided accordingly once construction plan for temporary utilities have been established.
2.5 HAUL ROUTES
The Haul routes applicable to West Portal are shown in Figure 2, which were established in the Draft CTMP. Approximately 75% of construction vehicles will enter the site via Newhall Drive; the remainder will enter via Brokaw Road. The entrance off Brokaw Road is required to minimize truck queuing at the Newhall Drive entrance.
Both the Newhall Drive access and the Brokaw Road access provide required points of ingress and egress for the construction traffic. In case one of the entrances is blocked due to unforeseen circumstances the other can act as the sole point of entry to the site. On Peak days Brokaw handles 85 trucks a day, which is 25 percent of 340 peak day trucks.
If unforeseen circumstances occur on Newhall to render it restricted or unusable, trucks would be queued onsite or some hauling might be halted, such that Brokaw would not see more than the typical peak of 85 trucks a day. The distribution between the Newhall Drive and Brokaw Road entrances is estimated based on the site layout and construction activity, but Brokaw will be limited to 85 trucks per day as a peak as a maximum.
Similarly should an unforeseen event render Brokaw unusable, trucks will queue onsite and be directed to Newhall while maintaining the peak truck traffic of 255 trucks (which is 75 percent of 340 peak daily trucks).
KST also proposes to develop a “traffic contingency plan” with the City of Santa Clara and the City of San Jose that details the lines of communication and processes that would be followed in case CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
either the intersection at Brokaw or at Newhall Drive are blocked due to unforeseen circumstances. This plan would be coordinated and developed prior to peak traffic operations.
All trucks will originate or leave from I-880 via Coleman Ave.
KST has conducted Pre Construction Surveys in accordance with the VTA Contract.
The proposed hauling hours are discussed in Section 2.5.3.
Hauling during PayPal events will be addressed in separate “Event Management Plan”.
2.5.1 Holiday Work
There will be no hauling on major holidays (Day Before Thanksgiving, Thanksgiving Day, Christmas Eve, Christmas Day, New Year’s Eve, New Year’s Day, Memorial Day, Independence Day and Labor Day) as no construction work is anticipated on those days, unless emergency work is required on-site.
2.5.2 Trucker Management Plan
KST will develop and implement a plan to manage the truck drivers using the approved haul routes related to completing the construction of this project. A summary of the plan will include:
• Truck Boss to manage trucking activities
• Trucker Pre Construction Meetings
• Signage at all exits to the site directing the trucks to I-880 • Active Management by KST during construction
• Trucker Flash Cards to be referred to in cab to reinforce haul routes KST will monitor the truck volumes on days of peak truck traffic, change of construction activities, and major holidays and events to ensure that truck volumes do not exceed the expected volumes.
This will ensure desired split between Newhall Drive and Brokaw Road is achieved. KST control processes to validate truck volumes and provide information that trucks are using the proper entrances will be shared with the City upon request.
2.5.3 Haul Hours
For most of the construction activities the haul hours will match work hours; see Table 6. Typical single-shift construction hauling activity lasts from 6AM to 4PM, for 10 hours, and 6 days a week (Monday to Saturday).
Certain construction activities will be double shift to meet the construction schedule. Among these double shift activities, TBM assembly and starting production of the precast plant only require hauling during the day shift, from 6AM to 4PM. Materials will be double-handled, which require that the materials for the night shift be delivered during the day and stockpiled on-site.
KST expects the TBM Shaft and Ramp Excavation to require hauling during both day and night shifts, from 6AM to 4AM. The Support of Excavation – Slurry Walls construction activity will also require hauling during both shifts during times of heightened construction periods.
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
The Synchro analysis completed as a part of this CTMP does not indicate an impact to morning AM traffic due to hauling, but KST will work closely with trucking companies to determine if there is a potential to reduce hauling between the 7 AM and 9 AM rush hour traffic period.
Approval of this CTMP by the City of San José and the City of Santa Clara and any revisions thereafter shall also constitute approval of the work and haul hours as presented in Table 6.
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
Figure 2 - Haul Routes
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
2.6 WARNING DEVICES
C44 (CA) “TRUCKS ENTERING EXITING” warning sign will be placed at key locations; see Appendix B for plans. Other warning devices or signs are not anticipated at this time due to no traffic control plans (TCP) being currently identified, as detour routes or alternate routes are not anticipated. When additional TCP and warning devices are identified, they will be provided in Appendix B.
2.7 MAJOR SPECIAL EVENTS
KST has reviewed major special events listed in the Draft CTMP Appendix F and identified no City events (such as marathons) that will be impacted by the West Portal Early Works construction.
KST will continue to coordinate with VTA, City of San José and City of Santa Clara to minimize potential impacts from construction activities.
2.8 INCLEMENT WEATHER
KST will continuously monitor the weather condition and identify potential inclement weather at least one week in advance. KST will identify responses to inclement weather that has the potential to impact construction activities.
A Construction Storm Water Pollution Prevention Plan (SWPPP) is prepared by KST separately from this CTMP, where Best Management Practices (BMPs) will be specified to prevent pollution or erosion due to rain events; it also specifies detailed monitoring requirements and rainfall action plans.
2.9 IMPACT ON LOCAL BUSINESS AND RESIDENTS
KST has reviewed the list of local businesses in the Draft CTMP Appendix B. Impact on local businesses is not anticipated from West Portal Early Works.
A list of local businesses in the vicinity of the West Portal site interviewed by VTA in 2021 is included in Appendix C. KST also included an exhibit showing the driveway locations of nearby properties. No driveways are anticipated to be impacted by West Portal Early Works. KST recognizes that Newhall Drive is the only ingress/egress route for the residential area near the south end of the project site. No impacts to the residents are expected as Newhall Drive and Newhall Street will remain open at all times during construction.
2.9.1 Paypal Events Management Plan
In addition, KST will continuously monitor events at PayPal Park through coordination facilitated by VTA and minimize potential impacts from construction activities. KST will generate a Paypal Events Management Plan to determine trucking activity in relation to events to mitigate, as best as possible, the impacts to both the event and the project.
KST has reviewed the Earthquakes Stadium (now PayPal Park) Transportation and Parking Management Plan and does not anticipate any conflicts between the construction traffic and the plan.
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
2.10 NOISE AND VIBRATION ABATEMENT
KST has completed a pre-construction noise assessment to establish ambient noise conditions around the site. A Noise and Vibration Control Plan is currently being prepared, separate from this CTMP, to specify noise reduction and mitigation measures to ensure that surrounding land uses will not be impacted by construction noise. Noise will be monitored in the community during construction continuously to demonstrate compliance with the project noise thresholds.
KST will coordinate with City of San José and City of Santa Clara for nighttime work variances.
Nighttime construction is expected to be within City of San José only and nighttime hauling is expected to be within both cities. See Table 6 for construction activities requiring nighttime work and hauling.
2.11 CONCURRENT CONSTRUCTION
KST has reviewed the concurrent constructions listed in Draft CTMP Appendix D and identified projects in the vicinity of the West Portal site, and confirmed with the Cities that this is a complete list of concurrent constructions known to date. KST will continue to coordinate with the Cities on any additional future concurrent construction activities.
A list of concurrent constructions is included in Table 5.
Table 5 - Concurrent Constructions
No.
Planned
Construction
Date
Project Location Notes
1 - California High
Speed Rail
Southwest of
Newhall Yard
(Caltrain Tracks)
No impact expected.
Per San José to Merced Final EIR/EIS certified
by the CA High Speed Rail Authority in April
2022, Alternative 4 - Blended at-grade is
selected, which includes no construction near
West Portal.
The San Francisco - Central Valley segment is
expected to be in operation in 2031 Per
Authority's 2022 business plan. No
construction date has been confirmed but it is
likely after West Portal construction activities.
2 - Caltrain
Electrification
Project (CalMod)
Southwest of
Newhall Yard
(Caltrain Tracks)
No impact expected.
The Caltrain Electrification project is expected
to be limited to within the existing Caltrain
corridor.
3 - Diridon Integrated
Station Concept
(DISC) Plan
Diridon Station,
San José
No impact expected.
The DISC is expected to be applicable to
Diridon Station only.
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
No.
Planned
Construction
Date
Project Location Notes
4 2027 Airport Connector San José Mineta
International
Airport to Diridon
Station
No impact expected.
5 2023 Aviation Ave
Repaving
Aviation Ave from
Coleman Ave to
North End
The repaving may affect the intersection of
Aviation Ave and Coleman Ave.
6 2023 Martin Ave
Repaving
Martin Ave from
Brokaw Rd to
Reed St
Trucks for the repaving may enter and exit at
the intersection of Coleman Ave and Brokaw
Rd.
7 Under
Construction
Gateway
Crossings
1205 Coleman
Avenue, Santa
Clara
No impact expected.
Bounded by Brokaw Rd, Coleman Ave and
Champions Way.
8 2023 Coleman Highline 1125 Coleman
Avenue, San José
No impact expected.
Bounded by driveway to 1199 Coleman Ave,
Coleman Ave and Aviation Ave.
2.12 TIME OF CONSTRUCTION
KST has reviewed the potential work hours listed in Draft CTMP Appendix E and proposes the following work and haul hours as summarized in Table 6. The approval of this CTMP by the City of San José and the City of Santa Clara shall also serve as approval of the work and haul hours stated within this document or any accepted revision thereafter.
Typically, work that requires concrete pours are double shifted including hauling hours to match so that concrete can be delivered continuously during the pour. Once a concrete pour begins it must continue until the pour is completed and cannot stop midway into the activity.
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
Table 6 - Proposed Work and Haul Hours
Early Work Activities Single
Shift
Double
Shift
Work
Hours
Haul
Hours
Stage 1 – Site Grading (Beginning Summer 2023, 6 Months) Site grading X 6AM – 6PM 6AM – 4PM
Stage 2 – Site Development (Beginning Summer 2023, 9 Months) Construction of site roads X 6AM – 6PM 6AM – 4PM
Installation of site offices X 6AM – 6PM 6AM – 4PM
Stage 3 – Precast Plant and TBM Segment Storage Area (Beginning Summer 2023, 13 Months) Construction of precast plant X 6AM – 6PM 6AM – 4PM
Stage 4 – TBM Shaft and Muck Bin Excavation (Beginning Fall 2023, 17 Months) Muck bin excavation X 6AM – 6PM 6AM – 4PM
Support of excavation – slurry walls X 6AM – 4AM 6AM – 4AM TBM shaft and ramp excavation X 6AM – 4AM 6AM – 4AM
TBM shaft concrete pour X 6AM – 4AM 6AM – 4AM
TBM supporting facilities X 6AM – 6PM 6AM – 4PM
TBM assembly X 6AM – 4AM 6AM – 4PM
Start production of the precast plant X 6AM – 11PM 6AM – 4PM Construction of interior concrete build-out
area and equipment foundations X 6AM – 6PM 6AM – 4PM
Construction of grout plant X 6AM – 6PM 6AM – 4PM
Notes:
1. Construction activities will be 6 days a week.
2.13 PUBLIC INFORMATION REQUIREMENTS
Locations of the signs are presented in Appendix B. Additional Project identification will be provided once requirements are developed by VTA.
3.0 TRAFFIC IMPROVEMENTS AND OPERATIONAL
ANALYSIS
This section summarizes the general construction transportation management requirements for both the Cities of San José and Santa Clara to ensure the traffic generated by construction does not negatively impact the project area corridors and surrounding communities.
3.1 INTRODUCTION
Traffic data and signal timing databases were collected to develop project Synchro models – year 2023 existing conditions, year 2023 average truck traffic, year 2023 peak truck traffic, year 2024 CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
background, year 2024 average truck traffic, and year 2024 peak truck traffic. These models were developed using assumptions and information as presented in other sections of this document, as well as information from relevant nearby developments scheduled to implement prior to this project (Gateway Crossings and Coleman Highline).
Measures of effectiveness (MOEs) such as intersection level of service (LOS), intersection delay, and queuing were extracted to determine future operations of the project area’s signalized intersections and to develop mitigation measures as needed to ensure minimal impact and disruption to the transportation network in the project area. See Table 8 for delay and LOS results; see Appendix D for overall detailed delay, LOS, and queuing results, a queuing analysis related to PayPal Park events, as well as traffic volumes and supporting documentation.Project staff will make periodic observations at the project area intersections, both signalized and unsignalized, to ensure acceptable operations continue.
3.2 EXISTING CONDITIONS
Traffic turning movement counts were field collected Thursday November 3, 2022 for both the AM and PM peak periods, Tuesday March 7, 2023 for the Mid-day peak period, and Saturday March 4, 2023 for the weekend peak period at the intersections listed in Table 7 below. Growth rates were used to adjust the volumes in the models accordingly based on the year collected as discussed under Background Conditions. Additional locations were also collected at the same time to better understand traffic patterns in the project area but were not specifically used in the traffic operations analysis. KST has reviewed the peak hour movements in the field to verify them.
Table 7 - Project Intersections
No. Primary Secondary
A1 Coleman Ave. Brokaw Rd.
A2 Coleman Ave. Champions Way
A3 Coleman Ave. Aviation Ave.
A4 Coleman Ave. Earthquakes Way
A5 Coleman Ave. Newhall Dr.
A6 Coleman Ave. Airport Blvd.
A7 Coleman Ave. I-880 SB Ramp
A8 Coleman Ave. I-880 NB Ramp / McKendrie St.
A9 Coleman Ave. Hedding St.
A10 Brokaw Rd. Costco
Current intersection traffic turning movement counts were compared to pre-COVID historical counts provided by the local agencies. The counts were somewhat comparable, with the exception of the CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
morning peak direction along Coleman Ave. This can be attributable to factors such as an increase in work-from-home and changes in travel patterns. Traffic volumes are not anticipated to return to pre-COVID levels within the timeframe of this Early Works operation.
Current traffic signal timing data was downloaded from the controllers by the Cities of San José and Santa Clara and provided to the KST team. At the intersections listed above, the morning peak is running a 140 second cycle length, and the PM peak is running a 130 second cycle length. The project area intersections run a free operation during the Mid-day peak and on Saturday, except that the intersection of Coleman Ave. & Brokaw Rd. runs a 110 second cycle length during the weekday Mid-day. The project area signalized intersections are running a traffic adaptive system, except at the intersections of Coleman Ave. & Champions Way and Coleman Ave. & Brokaw Rd. (Brokaw Rd. & Costco Driveway will be signalized by others no later than mid-2024, which will also not be an adaptive system), so cycle lengths, offsets, and splits may ultimately vary.
Field intersection and corridor information was gathered through various sources such as online aerials, street views (verified to be recent), and project personnel who frequent the area.
The traffic counts, traffic signal timing information, and field characteristics were used to develop an existing conditions traffic model using the software package Synchro/SimTraffic v11. Models were developed for the AM, Mid-day, PM, and Saturday Mid-day peak periods as determined by the traffic count data. Model outputs for existing conditions were calibrated and validated with field observations. Measures of Effectiveness (MOEs) gathered from the model output include the intersection levels of service (LOS), intersection delay (in seconds), individual approach LOS and delay, and 95th-percentile queue lengths. Results from the existing conditions analysis can be found in Section 3.4 Project Conditions, with supporting documentation in Appendix D.
3.3 BACKGROUND CONDITIONS
Background models were developed for the AM, Mid-day. PM, and Saturday Mid-day peak periods using the existing conditions models as a base, and then inputting a 1.02 or 1.04 growth factor (2% per year growth rate) to develop future year 2024 volumes and operational MOEs. Projected traffic volumes generated by nearby developments (Gateway Crossings and Coleman Highline) have been included in the year 2024 background and project conditions. Various significant mitigation elements associated with these developments have been included in the modeling, such as the widening of Coleman Ave. just south of Brokaw Rd., the widening of Brokaw Rd. west of Coleman Ave., intersection and traffic signal improvements at Coleman Ave. & Brokaw Rd., and a new traffic signal installation at Brokaw Rd. & Costco driveway. See Appendix D for additional information on the traffic generated by these nearby developments that was included in this modeling.
The year 2024 is expected to see the height of the Early Works site work. Signal timing (splits and offsets) was adjusted at the City of San Jose intersections for the year 2024 background and project conditions models to minimize delay and queuing. Signal timing at City of Santa Clara intersections remained relatively unchanged, with only the Brokaw Rd. splits having been adjusted due to the new split phase setup planned as part of the Gateway Crossings development mitigation CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
efforts. The variability in delay and LOS shown in Table 8 is partially due to these signal timing changes, as well as included external project mitigation.
Results from the background conditions analysis can be found in Section 3.4 Project Conditions, with supporting documentation in Appendix D.
3.4 PROJECT CONDITIONS
Project conditions were analyzed using the year 2023 existing and 2024 background models as a base and developing separate year 2023 and 2024 average and peak truck traffic models. Average and Peak project truck volumes as shown in Table 3 (140 trucks and 340 trucks per day, respectively) were distributed through the network (at an hourly scale). Truck volumes were spread uniformly across the hauling hours to determine average and peak truck volumes. These volumes were used to represent a worst-case condition. Brokaw Road was assigned 25% of the truck traffic and Newhall Dr. was assigned 75% of the truck traffic. The 10% non-PayPal 2023 and 2024 Average Trucks operation for the weekend mid-day was also checked. Intersections in between and along the haul route were assigned increases in truck traffic to their respective through and left turn movements. Appendix D contains additional information regarding the truck traffic distribution and assignment.
A queuing analysis was completed for the Coleman Ave. & Newhall Dr. intersection to show what impacts, if any, may happen if truck hauling occurs during a weekday evening (Wednesday) or weekend evening (Saturday) PayPal Park event. The intersection was modeled in Trafficware’s Synchro software using current intersection geometrics, event signal timing patterns, and typical event volumes as collected by the City of San José. This analysis looked at potential effects to queuing at the intersection, particularly the northbound left and eastbound right turns, during the ingress and egress conditions. Based on the queue analysis, it is concluded that the addition of project trucks does not lead to a significant increase in queuing over normal PayPal Park operations during the weekday or weekend ingress or egress events. The detailed analysis, including assumptions and results, are included in Appendix D.
Traffic volumes due to staff and craft workers arriving and leaving the site are also included in the analysis with the following assumptions:
1. Staff and Craft volumes were added to the four PM Peak Synchro project models (2023 Average and Peak Trucks, 2024 Average and Peak Trucks).
2. The Staff and Craft volumes used were the CTMP1 Early Works 120 Craft and 100 Staff (reduced to 33% or 33 vehicles due to dispersed staff release) for a total of 153 vehicles.
3. Since the PM peak period includes a shift change, the revised models include the Staff and Craft leaving as well as the Craft arriving utilizing Newhall Dr.
4. The volume distribution used was the same as the Coleman Highline development report, with 33% going to the north and 67% going to the south (the same as in Figure D-12 in the CTMP1 Appendix ).
5. The signal timing for the CSC intersections remained unchanged.
6. Both CSC intersections’ LOS and delay are reported in HCM 2000 format.
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
Table 8 below shows a summary of the year 2023 existing conditions, year 2023 average and peak trucks conditions, year 2024 background conditions, year 2024 average truck traffic conditions, and year 2024 peak truck traffic conditions. Brief discussions for each intersection follow the table, which highlight potential project impacts based on the operational LOS and delay results and possible mitigation measures. Supporting documentation, including results on queuing, can be found in Appendix D.
Table 8 - Project Operational Analysis
Intersection and
Scenario
AM Peak Weekday
Mid-day PM Peak WeekendMid-day
Int.
Delay
(Sec)
HCM
Int.
LOS
Int.
Delay
(Sec)
HCM
Int.
LOS
Int.
Delay
(Sec)
HCM
Int.
LOS
Int.
Delay
(Sec)
HCM
Int.
LOS
A1 – Coleman Ave. & Brokaw Rd.1
Existing 2023 26.1 C 60.2 E 116.7 F 39.2 D
Avg Trucks 2023 (10%) - - - - - - 39.5 D
Avg Trucks 2023 (25%) 26.3 C 60.0 E 126.0 F 39.4 D
Peak Trucks 2023 26.5 C 60.3 E 128.1 F 40.3 D
Background 2024 27.3 C 27.5 C 52.8 D 40.7 D
Avg Trucks 2024 (10%) - - - - - - 41.8 D
Avg Trucks 2024 (25%) 25.6 C 27.4 C 56.5 E 42.2 D
Avg Trucks 2024 (Opt.) - - - - 50.8 D - -
Peak Trucks 2024 27.8 C 28.0 C 55.2 E 45.0 D
Peak Trucks 2024
(Opt.) - - - - 55.0 D - -
A2 – Coleman Ave. & Champions Way1
Existing 2023 0.7 A - - 0.6 A 3.4 A
Average Trucks 2023 0.7 A - - 0.6 A 3.4 A
Peak Trucks 2023 0.7 A - - 0.6 A 3.4 A
Background 2024 11.2 B - - 8.1 A 2.9 A
Average Trucks 2024 12.9 B - - 8.4 A 2.9 A
Peak Trucks 2024 7.2 A - - 8.4 A 2.9 A
A3 – Coleman Ave. & Aviation Ave.
Existing 2023 16.0 B - - 10.6 B 7.1 A
Average Trucks 2023 16.1 B - - 10.4 B 7.2 A
Peak Trucks 2023 16.2 B - - 10.3 B 7.2 A
Background 2024 23.8 C - - 20.6 C 17.1 B
Average Trucks 2024 22.4 C - - 19.2 B 17.1 B
Peak Trucks 2024 15.7 B - - 21.9 C 17.1 B
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
Intersection and
Scenario
AM Peak Weekday
Mid-day PM Peak WeekendMid-day
Int.
Delay
(Sec)
HCM
Int.
LOS
Int.
Delay
(Sec)
HCM
Int.
LOS
Int.
Delay
(Sec)
HCM
Int.
LOS
Int.
Delay
(Sec)
HCM
Int.
LOS
A4 – Coleman Ave. & Earthquakes Way
Existing 2023 4.7 A - - 8.4 A 4.2 A
Average Trucks 2023 4.7 A - - 8.3 A 4.3 A
Peak Trucks 2023 4.7 A - - 8.3 A 4.3 A
Background 2024 4.3 A - - 3.7 A 5.3 A
Average Trucks 2024 3.1 A - - 5.0 A 5.3 A
Peak Trucks 2024 4.9 A - - 10.6 B 5.3 A
A5 – Coleman Ave. & Newhall Dr.
Existing 2023 15.5 B 26.5 C 19.5 B 28.3 C
Average Trucks 2023 15.8 B 28.0 C 24.3 C 26.0 C
Peak Trucks 2023 16.2 B 27.1 C 29.6 C 25.0 C
Background 2024 13.7 B 22.7 C 17.2 B 21.2 C
Average Trucks 2024 13.0 B 23.6 C 57.5 E 23.0 C
Peak Trucks 2024 16.6 B 23.4 C 80.5 F 22.2 C
A6 – Coleman Ave. & Airport Blvd.
Existing 2023 18.3 B - - 14.7 B 8.1 A
Average Trucks 2023 18.2 B - - 15.3 B 8.1 A
Peak Trucks 2023 18.2 B - - 15.4 B 8.1 A
Background 2024 8.0 A - - 7.6 A 8.9 A
Average Trucks 2024 6.4 A - - 7.7 A 9.0 A
Peak Trucks 2024 7.1 A - - 7.6 A 9.0 A
A7 – Coleman Ave. & I-880 SB Ramp
Existing 2023 12.2 B - - 19.8 B 8.6 A
Average Trucks 2023 12.5 B - - 27.3 C 9.0 A
Peak Trucks 2023 13.1 B - - 21.8 C 9.6 A
Background 2024 19.9 B - - 11.1 B 16.3 B
Average Trucks 2024 10.7 B - - 11.8 B 17.4 B
Peak Trucks 2024 10.9 B - - 9.7 A 19.2 B
A8 – Coleman Ave. & I-880 NB Ramp / McKendrie St.
Existing 2023 25.7 C - - 21.1 C 14.2 B
Average Trucks 2023 26.0 C - - 21.8 C 14.5 B
Peak Trucks 2023 26.5 C - - 22.0 C 15.1 B
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
Intersection and
Scenario
AM Peak Weekday
Mid-day PM Peak WeekendMid-day
Int.
Delay
(Sec)
HCM
Int.
LOS
Int.
Delay
(Sec)
HCM
Int.
LOS
Int.
Delay
(Sec)
HCM
Int.
LOS
Int.
Delay
(Sec)
HCM
Int.
LOS
Background 2024 25.9 C - - 24.8 C 16.3 B
Average Trucks 2024 25.1 C - - 26.0 C 17.2 B
Peak Trucks 2024 26.5 C - - 24.0 C 18.4 B
A9 – Coleman Ave. & Hedding St.
Existing 2023 37.0 D - - 28.5 C 22.2 C
Average Trucks 2023 37.0 D - - 29.0 C 22.2 C
Peak Trucks 2023 37.0 D - - 28.4 C 22.2 C
Background 2024 45.2 D - - 44.7 D 23.1 C
Average Trucks 2024 36.6 D - - 45.0 D 23.1 C
Peak Trucks 2024 41.2 D - - 29.0 C 23.1 C
A10 (New) – Costco Driveway & Brokaw Rd.1
Existing 2023 (Unsig) 4.6 A 9.7 A 9.8 A 11.1 A
Avg Trucks 2023 (10%) - - - - - - 11.2 A
Avg Trucks 2023 (25%) 4.6 A 9.8 A 9.9 A 11.3 A
Peak Trucks 2023 4.5 A 10.0 A 10.1 A 11.7 A
Background 2024 (Sig) 19.5 B 22.0 C 28.0 C 30.2 C
Avg Trucks 2024 (10%) - - - - - - 30.5 C
Avg Trucks 2024 (25%) 27.8 C 22.1 C 28.7 C 30.9 C
Peak Trucks 2024 21.5 C 22.3 C 28.7 C 32.2 C
Notes:
1. No adaptive system at this intersection.
See Appendix D for detailed delay, LOS, and queuing results, as well as traffic volumes and supporting documentation.
A1 - Brokaw Rd. – For both the average and peak truck traffic conditions, the northbound left and eastbound right movements will see increased truck traffic. The project plans to assign 25 percent of the truck traffic to this intersection. The existing LOS varies and is expected to remain or slightly improve to C/D/E once the Gateway Crossings mitigation improvements are implemented by mid-2024.
An operational check was made to see if any short-term year 2023 improvements could help ease congestion at the intersection prior to the Gateway Crossings mitigation. Various elements were adjusted in a representative model to attempt to mitigate intersection delay. The cycle length, timing splits, split phasing, and even restriping eastbound Brokaw Rd. was looked at to see if the delay could be improved. Even with these changes, the LOS and delay was not projected to CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
significantly improve. One other possibility may be for the City of Santa Clara to implement their traffic responsive system at this intersection to further fine-tune the signal timing until the Gateway Crossings developer mitigation is in place. Also, the results shown in the table generally reflect the 25% truck traffic scenario.
A check of the 10% non-PayPal 2023 and 2024 Average Trucks operation for the weekend mid-day shows a slightly better LOS and delay than the 25% condition. The 10% Peak Trucks analysis was similar to the 25% Average Trucks condition.
A2 – Champions Way – This intersection will only see a slight increase in truck traffic for the north/south movements. The LOS is currently at a level A and is projected to remain at LOS A/B.
A3 – Aviation Ave. – This intersection will only see a slight increase in truck traffic for the north/south movements. The LOS is currently at a level A/B and is projected to remain at LOS B/C.
A4 – Earthquakes Way – This intersection will only see a slight increase in truck traffic for the north/south movements. The LOS is currently at a level A and is projected to remain at LOS A/B.
A5 – Newhall Dr. – For both the average and peak truck traffic conditions, the northbound through and left and the southbound through and eastbound right movements will see increased truck traffic. The project plans to assign 75 percent of the truck traffic to this intersection. The LOS is currently at a level B/C and is projected to remain at those levels with the exception of the PM peak with LOS B/E/F. This analysis assumed that a pedestrian call would be activated across Coleman Ave. every cycle, but actual operations should be better since that’s usually not the case. The side street splits will be best applied as determined by the adaptive system.
A6 – Airport Blvd. – This intersection will only see a slight increase in truck traffic for the north/south movements. The LOS is currently at a level A/B and is projected to remain acceptable.
A7 – I-880 SB Ramp – This intersection will see a slight increase in truck traffic for the southbound through and westbound right movements. The westbound right is projected to see a slight increase in delay and queuing, which should be manageable by either making slight signal timing split adjustments, or by ensuring the traffic adaptive system makes appropriate automatic adjustments.
The City of San José can make signal timing split adjustments upon request. The Gateway Crossings traffic report also recommended striping changes at this intersection, which may further help mitigate the increase in delay and queuing. The LOS is currently at a level A/B/C and is projected to remain at an acceptable LOS A/B.
A8 – I-880 NB Ramp / McKendrie St. – This intersection will only see a slight increase in truck traffic for the southbound left movement. The LOS is currently at a level B/C and is projected to remain at LOS B/C.
A9 – Hedding St. – This intersection is outside of the proposed haul route, but was included due to its proximity and the effects that upstream operations may have on this intersection. The intersection LOS currently operates at level C/D and is projected to continue at those levels. The modeled signal timing was slightly adjusted for the 2024 conditions at this and other project intersections, and due to the increase in truck traffic in the southbound direction along Coleman CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
Ave. there was a slight improvement in delay realized due to an increase in provided green time to accommodate the trucks. No impact is expected due to project hauling operations.
A10 – Costco & Brokaw – This intersection is currently stop controlled and operates at a LOS A. As part of the Gateway Crossings project mitigation, a traffic signal is planned to be installed and activated no later than mid- 2024. This intersection will only see a slight increase in truck traffic for the east and westbound movements. Although the modeling results show a degradation in operations with the traffic signal, future unknown signal timing settings were assumed and could be different resulting in improved operations based on field observations.
The results shown in the table generally reflect the 25% truck traffic scenario. A check of the 10% non-PayPal 2023 and 2024 Average Trucks operation for the weekend mid-day shows a slightly better LOS and delay than the 25% condition. The 10% Peak Trucks was similar to the 25% Average Trucks condition. KST will monitor the intersection due to project truck traffic and will work with the City of Santa Clara to maintain satisfactory operations. One other possibility may be for the City of Santa Clara to implement their traffic responsive system at this intersection to further fine-tune the signal timing.
All of the detailed analysis information can be found in Appendix D – Traffic Operation Data and Analysis.
3.5 CONCLUSIONS
Based on traffic operational analysis of the year 2023 and 2024 average and peak Early Works truck traffic, it is projected that there will be minimal impacts to the project area’s signalized intersections. Project signalized and unsignalized intersections may need to be observed on occasion, particularly during peak truck traffic times to ensure the existing signal timing can handle the added truck volume.
The intersections within City of San José should be able to accommodate the added truck volume since an adaptive traffic signal system is in operation. For intersections within City of Santa Clara (Coleman Ave & Brokaw Road and future signalized Brokaw Road & Costco Driveway), no adaptive system is in operation and the signal timing can be adjusted, if needed, to accommodate the truck volumes as demonstrated in this report.
Project staff will make periodic observations at the project area intersections, both signalized and unsignalized, to ensure acceptable operations continue. KST will schedule the observations before construction begins and will continue the observations approximately once every month and/or during peak truck volumes. KST will reach out to the cities’ staff a week before each observation so that the cities can participate in the observation, if desired.
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
4.0 PUBLIC OPERATION AND BUS OPERATIONS
The existing transit services are shown in Figure 3.
4.1 BUS OPERATIONS
The existing bus route along the haul route is summarized in Table 9.
Table 9 - Existing Bus Route
Bus Route Route Description Nearest Stop Headway 1
Local Route 60 Milpitas BART to Winchester Station via
SJC Airport
Coleman/Brokaw;
Coleman/Earthquakes;
Coleman/Newhall
10 – 15 min
Notes:
1. Approximate headways during peak commute hours.
The existing bus operation is provided by VTA. The proposed construction activities are not expected to impact the existing bus operation. No rerouting is anticipated for the operation. No lane closures are anticipated on the bus route and a 12’ minimum lane width will be maintained at all times. There is no rapid bus service or Transit Signal Priority (TSP) on Coleman Ave. Services on El Camino Real or any other street in vicinity of the site will not be impacted.
4.2 RAIL TRANSIT OPERATIONS
Caltrain, Capitol Corridor and Altamont Corridor Express (ACE) operate rail transit services at existing Santa Clara Station. The existing transit operations will not be impacted by the construction. There is an existing pedestrian underpass connecting Santa Clara Station and Brokaw Road. The underpass and sidewalk will remain open during construction.
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
Figure 3 - Existing Transit Operations
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
5.0 MAINTENANCE OF PROPERTY ACCESS
No property access is anticipated to be impacted at this time. There will be no lane closures or driveway closures and no truck queuing or staging outside of the West Portal site that impedes property access. The traffic operational analysis presented in Chapter 3.0 shows minimal impacts to the existing traffic. Special events and routine operations will be coordinated as described in Section 2.7 and 2.9.
Exhibit showing access to adjacent properties and their business hours, access for employees and customers, delivery and city services, and additional information, for those that were interviewed by VTA in 2021, is included in Appendix C. Also included is an exhibit showing driveway locations to all nearby properties; none of which will be impacted by the West Portal construction.
6.0 SCHOOL ZONE SAFETY PLAN
There are no existing school zones near the West Portal site and no impact is anticipated at this time. Adjacent schools include:
• Santa Clara University: 0.6 mi
• Scott Lane Elementary School: 1.7 mi
• Washington Elementary School: 0.9 mi
• Wilson High School: 1.5 mi
• Herbert Hoover Middle School: 1.3 mi
• Hester School: 1.4 mi
• Muwekma Ohlone Middle School: 1.6 mi
• Banchrodt Elementary School: 1.2 mi
All distances are measured from approximate center of the schools to the approximate center of the West Portal Site, and are straight line distances. None of the schools or school zones are located on the haul routes. See Figure 4 for the location of nearby schools.
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
Figure 4 - Nearby Schools
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
7.0 EMERGENCY ACCESS AND RESPONSE
KST will comply with the Emergency Services Coordination Plan (ESCP), included as Appendix A of the Draft CTMP. Based on the ESCP, KST prepared the Emergency Vehicle Access Plan (EVAP) and Emergency Vehicle Response Plan (EVRP).
7.1 EMERGENCY VEHICLE ACCESS PLAN
Emergency vehicle access to all businesses and residences adjacent to the construction site will be maintained. Emergency service vehicles include:
• Emergency medical vehicles
• Utility maintenance vehicles for emergency purposes
• Fire protection vehicles
• Police vehicles
Table 10 below is KST’s emergency contact available 24 hours a day along with the 24-hour emergency hotline. The 24-hour hotline will be managed at all times. Once construction begins a safety representative will be on-site during construction hours.
Table 10 - KST Emergency Contact
Name Title Phone No. Email
Dennis Leonard Project Safety Manager (925) 809-4804 [email protected] Staffed 24-hr Emergency Hotline (408) 321-2345
No traffic lane reductions or detours are necessary for West Portal Early Works; if they become necessary, KST will update this plan and submit to VTA for approval at least 30 days prior to the lane reduction or detour.
Once construction begins, weekly updates will be provided to local emergency service providers in writing by Friday noon regarding emergency vehicle access through, around, and into the construction site for the following week; a copy of this weekly written information will also be provided to VTA prior to Friday noon every week. A kick-off meeting will be held with the emergency service providers, KST and VTA, and as necessary, monthly meetings will be held to ensure emergency service providers are made aware of any changes. A list of emergency service providers covering the West Portal site is included in Table 11; KST will request the emergency service providers to verify this information every week in the Friday update to ensure that they are up to date. See Figure 5 for emergency service areas.
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
Table 11 - List of Emergency Contacts as of December 2022 No. Department Contact Name Phone Email
1 San José Police Captain
Jaime Jimenez
(408) 472-7747 [email protected]
2 San José Fire Chief
James Dobson
(Main Contact)
(408) 535-7794 [email protected]
3 San José Fire Captain Greg Tuyor (408) 535-7670 [email protected] 4 San José Fire Station 7
(West Portal Coverage)
Station Captain (408) 794-6907 N/A
5 Santa Clara Police Lieutenant
Cuong Phan
(408) 615-4767 [email protected]
6 Santa Clara Fire Fire Marshal
Jake Tomlin
(Main Contact)
(408) 615-4970 [email protected]
7 Santa Clara Fire Deputy Fire Chief
Jeremy Ray
(408) 615-4953 [email protected]
8 Santa Clara
Fire Station 1
(West Portal Coverage)
Fire Chief
Ruben Torres
(408) 615-4900
9 Santa Clara County
Sheriff
Captain David Lera (408) 321-7153 [email protected]
10 Regional Medical Center (408) 259-5000
11 Santa Clara County
Emergency Medical
Services (EMS)
Michael Cabano (408) 316-6682 [email protected] 12 American Medical
Response (AMR)
Mario Vargas (209) 420-4206 [email protected]
13 Royal Ambulance (877) 995-6161
14 O'Connor Hospital (408) 947-2500
7.1.1 Protocol for Unanticipated Changes
During unanticipated changes, such as detours due to emergency utility work, the change shall be immediately communicated to KST’s safety manager, who will communicate the change to local emergency providers. If required, flaggers will be positioned at the begin and end points of the detour route to communicate the change to emergency responders.
CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
Figure 5 - Emergency Service Area
7.2 EMERGENCY VEHICLE RESPONSE PLAN
Emergency access to the construction site will be maintained at all times. KST’s designated point of contact listed in Table 10 will be available 24 hours a day and responsible for communicating the location and type of incident to emergency responders and the Construction Safety and Security Manager.
Possible incidents include:
• Inadvertent traffic stoppages or delays
• Traffic accidents
• On-site emergencies
• Emergencies requiring police or emergency vehicles
For on-site emergencies, KST’s designated point of contact will notify local emergency provider depending on the type of incident. Individual KST employee or contractor is allowed to dial 9-1-1 in an emergency. They will be instructed to also notify KST’s designated point of contact after the 9-1- CTMP for West Portal Early Works Revision Number: 04 Date: 05/30/2023
1 call. KST’s designated point of contact will then follow up with local emergency providers and coordinate with other KST employee or contractor, such as guard posts at gates, to ensure emergency access.
All site roads are fire roads and will be suitable for emergency vehicle access. KST’s designated point of contact will coordinate with other KST parties to ensure that emergency access is not impeded during an emergency. Emergency vehicles will have the right-of-way on all site roads during an emergency.
8.0 CITY PERMIT REQUIREMENTS
BSVII Draft CTMP Appendix H and J contains permit requirements for City of San José and City of Santa Clara, respectively. KST has identified permits that pertains to the West Portal Early Works construction, which are highlighted in yellow and included in Appendix E of this CTMP.
9.0 LIST OF APPENDICES
Appendix A – Site Layout, Sequencing and Staging Plan
Appendix B – Traffic Control Plans
Appendix C – Access to Businesses and Properties
Appendix D – Traffic Operation Data and Analysis
Appendix E – City Permit Requirements
CTMP for West Portal Early Works Revision Number: 02 Date: 04/10/2023
APPENDIX A
SITE LAYOUT, SEQUENCING AND STAGING PLAN
CITY OF SAN JOSE CITY OF SANTA CLARA
BROKAW RD.
NEWHALL ST.
NEWHALL DR.
SNH/SNS
HIGH VOLTAGE SUBSTATION SNH (DESIGN BY OTHERS)
AC SWITCHGEAR (NIC)
SNH/SNS
STOCKTON AVE.
Cooling Tower Unit Substation
5100 [16'- 9 1/16"]
REBAR CAGE MONORAIL REBAR CAGE FEEDER OR CAROUSEL
REBAR CLOSING HYDRAULICALLY
REBAR CLOSING STATION
REBAR CAGE STATION QUALITY CHECKING STATION
COVER CLOSING HYDRAULICALLY
AUTOMATIC MOULD COVER
CONCRETING STATION
WAITING STATION
ROBOT SURFACE FINISHING STATION
COVER OPRNING & CLOSING HYDRAULICALLY MOULD CLEANING STATION CROSS TRANSFER 2 DEMOULDING STATION MOULD OPENING HYDRAULICALLY CROSS TRANSFER 1
PRE-STACKING AREA
TILTING TABLE EVACUATION LINE
REBAR CAGE MONORAIL TOOLS GLUE HARDWARE GLUE 40' 40'
SUPPLIES SUPPLIES 40'
5100 [16'-9 1/16"]
10' 40' QC STEAMER AIR COMP 40' 40'
40' BP OFFICE 10' PARTS BREAK ROOM
40'
SLURRIFIER/
STORAGE
PIG
VENT LINE STORAGE
INTERIOR CONCRETE BUILDOUT AREA
CRAWLER CRANE PAD
PRECAST PLANT
(DESIGN BY OTHERS)
AB GROUT PLANT
(DESIGN BY OTHERS)
LINEAR PLANT STAGING/STORAGE
SOIL CONDITIONER
STORAGE TANKS BACKUP GENERATOR
COMPRESSOR AIR
TANKS
(DESIGN BY OTHERS)
PARKING: 187 SPOTS
WATER
TREATMENT
PLANT
KST MV SUBSTATION
(DESIGN BY OTHERS) LINEAR PLANT STORAGE
TBM SEGMENT STORAGE
(DESIGN BY OTHERS)
GANTRY CRANE
(DESIGN BY OTHERS) GANTRY CRANE
(DESIGN BY OTHERS) DETENTION BASIN
FIELD OFFICES SOE TUNNEL (DESIGN BY OTHERS)
AT HOME STORE
SPRINT FACILITY
PAYPAL PARK
PAYPAL PARK
HUNTER STORM CONSTRUCTION
TAILGATE LOT
SPRINT
FACILITY MEDICAL LOCK RENTAL TBM DRUM &
SPARE STORAGE
GROUNDING
PADS
480V
DROP 2
SOE
CONTRACTOR
480V DROP 3
PCTL PLANT
(DESIGN BY OTHERS)
480V
DROP 1
OFFICES
WAREHOUSE
ELECTRICAL
SHOP
MECHANICAL
SHOP
TUNNEL
VENT FANS
(SIZE TBD)
MAINTENANCE
SHOP
DC SWITCHGEAR (NIC)
I-880
TBM SEGMENT STORAGE
(DESIGN BY OTHERS)
NEWHALL DR.
INTERIOR CONCRETE BUILDOUT AREA
(DESIGN BY OTHERS)
FIELD OFFICES (DESIGN BY OTHERS)
(DESIGN BY OTHERS) MUCK BIN
(DESIGN BY OTHERS) MUCK BIN
(DESIGN BY OTHERS)
N 1954412.33
E 6144967.27
N 1952298.64
E 6148195.96
N 1954480.77
E 6144680.16
N 1954842.27
E 6144127.97
N 1954580.67
E 6143926.56
N 1954005.64
E 6144812.63
N 1953848.41
E 6145006.83
N 1952081.48
E 6148032.77
N 1951738.37
E 6148324.14
N 1951702.12
E 6148282.34
VTA PROPERTY
CITY PROPERTY
UPRR PROPERTY
VTA PROPERTY
BAR SCALE
(1" = 30')
15'30' 0 30' 60'
CONTRACT NO.
REV DATE CHKBY APP DESCRIPTION
DRAWN:
DESIGNED:
CHECKED:
APPROVED:
PAGE NO.
DRAWING FILE IDENTIFIER
SUITABILITY DESCRIPTION
SCALE AT D SIZE REV.
SUIT. CODE
SHEET NO.
DATE:
VTA'S BART SILICON VALLEY PHASE II
EXTENSION PROJECT N
---- 1"=30'
CT-E15111
ZW
AW
ABR
11/22/2022
JM
P0509_2-JMA-WPORT-XX-M2-CI-E15111
WEST PORTAL
SITE LAYOUT
LEGEND:
CONCRETE PAVEMENT
OR SLAB
ASPHALT PAVEMENT
AGGREGATE BASE
VTA RIGHT OF WAY
TOP OF DITCH
EASEMENT
FENCE/ GATE
TRACK CENTERLINE 0 11/11/22 ZW ABR JM 60% PROGRESS PRINT
APPROVED
APPROVED
JMA CIVIL INC.
KIEWIT SHEA TAYLOR JV
Stage 1 - Site Grading
Area of Grading
Construction Vehicle Entrance
Truck Queuing and Staging
CITY OF SAN JOSE CITY OF SANTA CLARA
BROKAW RD.
NEWHALL ST.
NEWHALL DR.
SNH/SNS
HIGH VOLTAGE SUBSTATION SNH (DESIGN BY OTHERS)
AC SWITCHGEAR (NIC)
SNH/SNS
STOCKTON AVE.
Cooling Tower Unit Substation
5100 [16'- 9 1/16"]
REBAR CAGE MONORAIL REBAR CAGE FEEDER OR CAROUSEL
REBAR CLOSING HYDRAULICALLY
REBAR CLOSING STATION
REBAR CAGE STATION QUALITY CHECKING STATION
COVER CLOSING HYDRAULICALLY
AUTOMATIC MOULD COVER
CONCRETING STATION
WAITING STATION
ROBOT SURFACE FINISHING STATION
COVER OPRNING & CLOSING HYDRAULICALLY MOULD CLEANING STATION CROSS TRANSFER 2 DEMOULDING STATION MOULD OPENING HYDRAULICALLY CROSS TRANSFER 1
PRE-STACKING AREA
TILTING TABLE EVACUATION LINE
REBAR CAGE MONORAIL TOOLS GLUE HARDWARE GLUE 40' 40'
SUPPLIES SUPPLIES 40'
5100 [16'-9 1/16"]
10' 40' QC STEAMER AIR COMP 40' 40'
40' BP OFFICE 10' PARTS BREAK ROOM
40'
SLURRIFIER/
STORAGE
PIG
VENT LINE STORAGE
INTERIOR CONCRETE BUILDOUT AREA
CRAWLER CRANE PAD
PRECAST PLANT
(DESIGN BY OTHERS)
AB GROUT PLANT
(DESIGN BY OTHERS)
LINEAR PLANT STAGING/STORAGE
SOIL CONDITIONER
STORAGE TANKS BACKUP GENERATOR
COMPRESSOR AIR
TANKS
(DESIGN BY OTHERS)
PARKING: 187 SPOTS
WATER
TREATMENT
PLANT
KST MV SUBSTATION
(DESIGN BY OTHERS) LINEAR PLANT STORAGE
TBM SEGMENT STORAGE
(DESIGN BY OTHERS)
GANTRY CRANE
(DESIGN BY OTHERS) GANTRY CRANE
(DESIGN BY OTHERS) DETENTION BASIN
FIELD OFFICES SOE TUNNEL (DESIGN BY OTHERS)
AT HOME STORE
SPRINT FACILITY
PAYPAL PARK
PAYPAL PARK
HUNTER STORM CONSTRUCTION
TAILGATE LOT
SPRINT
FACILITY MEDICAL LOCK RENTAL TBM DRUM &
SPARE STORAGE
GROUNDING
PADS
480V
DROP 2
SOE
CONTRACTOR
480V DROP 3
PCTL PLANT
(DESIGN BY OTHERS)
480V
DROP 1
OFFICES
WAREHOUSE
ELECTRICAL
SHOP
MECHANICAL
SHOP
TUNNEL
VENT FANS
(SIZE TBD)
MAINTENANCE
SHOP
DC SWITCHGEAR (NIC)
I-880
TBM SEGMENT STORAGE
(DESIGN BY OTHERS)
NEWHALL DR.
INTERIOR CONCRETE BUILDOUT AREA
(DESIGN BY OTHERS)
FIELD OFFICES (DESIGN BY OTHERS)
(DESIGN BY OTHERS) MUCK BIN
(DESIGN BY OTHERS) MUCK BIN
(DESIGN BY OTHERS)
N 1954412.33
E 6144967.27
N 1952298.64
E 6148195.96
N 1954480.77
E 6144680.16
N 1954842.27
E 6144127.97
N 1954580.67
E 6143926.56
N 1954005.64
E 6144812.63
N 1953848.41
E 6145006.83
N 1952081.48
E 6148032.77
N 1951738.37
E 6148324.14
N 1951702.12
E 6148282.34
VTA PROPERTY
CITY PROPERTY
UPRR PROPERTY
VTA PROPERTY
BAR SCALE
(1" = 30')
15'30' 0 30' 60'
CONTRACT NO.
REV DATE CHKBY APP DESCRIPTION
DRAWN:
DESIGNED:
CHECKED:
APPROVED:
PAGE NO.
DRAWING FILE IDENTIFIER
SUITABILITY DESCRIPTION
SCALE AT D SIZE REV.
SUIT. CODE
SHEET NO.
DATE:
VTA'S BART SILICON VALLEY PHASE II
EXTENSION PROJECT N
---- 1"=30'
CT-E15111
ZW
AW
ABR
11/22/2022
JM
P0509_2-JMA-WPORT-XX-M2-CI-E15111
WEST PORTAL
SITE LAYOUT
LEGEND:
CONCRETE PAVEMENT
OR SLAB
ASPHALT PAVEMENT
AGGREGATE BASE
VTA RIGHT OF WAY
TOP OF DITCH
EASEMENT
FENCE/ GATE
TRACK CENTERLINE 0 11/11/22 ZW ABR JM 60% PROGRESS PRINT
APPROVED
APPROVED
JMA CIVIL INC.
KIEWIT SHEA TAYLOR JV
Stage 2 - Site Development
Area of Construction
Construction Vehicle Entrance
Truck Queuing and Staging
CITY OF SAN JOSE CITY OF SANTA CLARA
BROKAW RD.
NEWHALL ST.
NEWHALL DR.
SNH/SNS
HIGH VOLTAGE SUBSTATION SNH (DESIGN BY OTHERS)
AC SWITCHGEAR (NIC)
SNH/SNS
STOCKTON AVE.
Cooling Tower Unit Substation
5100 [16'- 9 1/16"]
REBAR CAGE MONORAIL REBAR CAGE FEEDER OR CAROUSEL
REBAR CLOSING HYDRAULICALLY
REBAR CLOSING STATION
REBAR CAGE STATION QUALITY CHECKING STATION
COVER CLOSING HYDRAULICALLY
AUTOMATIC MOULD COVER
CONCRETING STATION
WAITING STATION
ROBOT SURFACE FINISHING STATION
COVER OPRNING & CLOSING HYDRAULICALLY MOULD CLEANING STATION CROSS TRANSFER 2 DEMOULDING STATION MOULD OPENING HYDRAULICALLY CROSS TRANSFER 1
PRE-STACKING AREA
TILTING TABLE EVACUATION LINE
REBAR CAGE MONORAIL TOOLS GLUE HARDWARE GLUE 40' 40'
SUPPLIES SUPPLIES 40'
5100 [16'-9 1/16"]
10' 40' QC STEAMER AIR COMP 40' 40'
40' BP OFFICE 10' PARTS BREAK ROOM
40'
SLURRIFIER/
STORAGE
PIG
VENT LINE STORAGE
INTERIOR CONCRETE BUILDOUT AREA
CRAWLER CRANE PAD
PRECAST PLANT
(DESIGN BY OTHERS)
AB GROUT PLANT
(DESIGN BY OTHERS)
LINEAR PLANT STAGING/STORAGE
SOIL CONDITIONER
STORAGE TANKS BACKUP GENERATOR
COMPRESSOR AIR
TANKS
(DESIGN BY OTHERS)
PARKING: 187 SPOTS
WATER
TREATMENT
PLANT
KST MV SUBSTATION
(DESIGN BY OTHERS) LINEAR PLANT STORAGE
TBM SEGMENT STORAGE
(DESIGN BY OTHERS)
GANTRY CRANE
(DESIGN BY OTHERS) GANTRY CRANE
(DESIGN BY OTHERS) DETENTION BASIN
FIELD OFFICES SOE TUNNEL (DESIGN BY OTHERS)
AT HOME STORE
SPRINT FACILITY
PAYPAL PARK
PAYPAL PARK
HUNTER STORM CONSTRUCTION
TAILGATE LOT
SPRINT
FACILITY MEDICAL LOCK RENTAL TBM DRUM &
SPARE STORAGE
GROUNDING
PADS
480V
DROP 2
SOE
CONTRACTOR
480V DROP 3
PCTL PLANT
(DESIGN BY OTHERS)
480V
DROP 1
OFFICES
WAREHOUSE
ELECTRICAL
SHOP
MECHANICAL
SHOP
TUNNEL
VENT FANS
(SIZE TBD)
MAINTENANCE
SHOP
DC SWITCHGEAR (NIC)
I-880
TBM SEGMENT STORAGE
(DESIGN BY OTHERS)
NEWHALL DR.
INTERIOR CONCRETE BUILDOUT AREA
(DESIGN BY OTHERS)
FIELD OFFICES (DESIGN BY OTHERS)
(DESIGN BY OTHERS) MUCK BIN
(DESIGN BY OTHERS) MUCK BIN
(DESIGN BY OTHERS)
N 1954412.33
E 6144967.27
N 1952298.64
E 6148195.96
N 1954480.77
E 6144680.16
N 1954842.27
E 6144127.97
N 1954580.67
E 6143926.56
N 1954005.64
E 6144812.63
N 1953848.41
E 6145006.83
N 1952081.48
E 6148032.77
N 1951738.37
E 6148324.14
N 1951702.12
E 6148282.34
VTA PROPERTY
CITY PROPERTY
UPRR PROPERTY
VTA PROPERTY
BAR SCALE
(1" = 30')
15'30' 0 30' 60'
CONTRACT NO.
REV DATE CHKBY APP DESCRIPTION
DRAWN:
DESIGNED:
CHECKED:
APPROVED:
PAGE NO.
DRAWING FILE IDENTIFIER
SUITABILITY DESCRIPTION
SCALE AT D SIZE REV.
SUIT. CODE
SHEET NO.
DATE:
VTA'S BART SILICON VALLEY PHASE II
EXTENSION PROJECT N
---- 1"=30'
CT-E15111
ZW
AW
ABR
11/22/2022
JM
P0509_2-JMA-WPORT-XX-M2-CI-E15111
WEST PORTAL
SITE LAYOUT
LEGEND:
CONCRETE PAVEMENT
OR SLAB
ASPHALT PAVEMENT
AGGREGATE BASE
VTA RIGHT OF WAY
TOP OF DITCH
EASEMENT
FENCE/ GATE
TRACK CENTERLINE 0 11/11/22 ZW ABR JM 60% PROGRESS PRINT
APPROVED
APPROVED
JMA CIVIL INC.
KIEWIT SHEA TAYLOR JV
Stage 3 - Precast Plant and TBM Segment Storage
Area of Construction
Construction Vehicle Entrance
Truck Queuing and Staging
CITY OF SAN JOSE CITY OF SANTA CLARA
BROKAW RD.
NEWHALL ST.
NEWHALL DR.
SNH/SNS
HIGH VOLTAGE SUBSTATION SNH (DESIGN BY OTHERS)
AC SWITCHGEAR (NIC)
SNH/SNS
STOCKTON AVE.
Cooling Tower Unit Substation
5100 [16'- 9 1/16"]
REBAR CAGE MONORAIL REBAR CAGE FEEDER OR CAROUSEL
REBAR CLOSING HYDRAULICALLY
REBAR CLOSING STATION
REBAR CAGE STATION QUALITY CHECKING STATION
COVER CLOSING HYDRAULICALLY
AUTOMATIC MOULD COVER
CONCRETING STATION
WAITING STATION
ROBOT SURFACE FINISHING STATION
COVER OPRNING & CLOSING HYDRAULICALLY MOULD CLEANING STATION CROSS TRANSFER 2 DEMOULDING STATION MOULD OPENING HYDRAULICALLY CROSS TRANSFER 1
PRE-STACKING AREA
TILTING TABLE EVACUATION LINE
REBAR CAGE MONORAIL TOOLS GLUE HARDWARE GLUE 40' 40'
SUPPLIES SUPPLIES 40'
5100 [16'-9 1/16"]
10' 40' QC STEAMER AIR COMP 40' 40'
40' BP OFFICE 10' PARTS BREAK ROOM
40'
SLURRIFIER/
STORAGE
PIG
VENT LINE STORAGE
INTERIOR CONCRETE BUILDOUT AREA
CRAWLER CRANE PAD
PRECAST PLANT
(DESIGN BY OTHERS)
AB GROUT PLANT
(DESIGN BY OTHERS)
LINEAR PLANT STAGING/STORAGE
SOIL CONDITIONER
STORAGE TANKS BACKUP GENERATOR
COMPRESSOR AIR
TANKS
(DESIGN BY OTHERS)
PARKING: 187 SPOTS
WATER
TREATMENT
PLANT
KST MV SUBSTATION
(DESIGN BY OTHERS) LINEAR PLANT STORAGE
TBM SEGMENT STORAGE
(DESIGN BY OTHERS)
GANTRY CRANE
(DESIGN BY OTHERS) GANTRY CRANE
(DESIGN BY OTHERS) DETENTION BASIN
FIELD OFFICES SOE TUNNEL (DESIGN BY OTHERS)
AT HOME STORE
SPRINT FACILITY
PAYPAL PARK
PAYPAL PARK
HUNTER STORM CONSTRUCTION
TAILGATE LOT
SPRINT
FACILITY MEDICAL LOCK RENTAL TBM DRUM &
SPARE STORAGE
GROUNDING
PADS
480V
DROP 2
SOE
CONTRACTOR
480V DROP 3
PCTL PLANT
(DESIGN BY OTHERS)
480V
DROP 1
OFFICES
WAREHOUSE
ELECTRICAL
SHOP
MECHANICAL
SHOP
TUNNEL
VENT FANS
(SIZE TBD)
MAINTENANCE
SHOP
DC SWITCHGEAR (NIC)
I-880
TBM SEGMENT STORAGE
(DESIGN BY OTHERS)
NEWHALL DR.
INTERIOR CONCRETE BUILDOUT AREA
(DESIGN BY OTHERS)
FIELD OFFICES (DESIGN BY OTHERS)
(DESIGN BY OTHERS) MUCK BIN
(DESIGN BY OTHERS) MUCK BIN
(DESIGN BY OTHERS)
N 1954412.33
E 6144967.27
N 1952298.64
E 6148195.96
N 1954480.77
E 6144680.16
N 1954842.27
E 6144127.97
N 1954580.67
E 6143926.56
N 1954005.64
E 6144812.63
N 1953848.41
E 6145006.83
N 1952081.48
E 6148032.77
N 1951738.37
E 6148324.14
N 1951702.12
E 6148282.34
VTA PROPERTY
CITY PROPERTY
UPRR PROPERTY
VTA PROPERTY
BAR SCALE
(1" = 30')
15'30' 0 30' 60'
CONTRACT NO.
REV DATE CHKBY APP DESCRIPTION
DRAWN:
DESIGNED:
CHECKED:
APPROVED:
PAGE NO.
DRAWING FILE IDENTIFIER
SUITABILITY DESCRIPTION
SCALE AT D SIZE REV.
SUIT. CODE
SHEET NO.
DATE:
VTA'S BART SILICON VALLEY PHASE II
EXTENSION PROJECT N
---- 1"=30'
CT-E15111
ZW
AW
ABR
11/22/2022
JM
P0509_2-JMA-WPORT-XX-M2-CI-E15111
WEST PORTAL
SITE LAYOUT
LEGEND:
CONCRETE PAVEMENT
OR SLAB
ASPHALT PAVEMENT
AGGREGATE BASE
VTA RIGHT OF WAY
TOP OF DITCH
EASEMENT
FENCE/ GATE
TRACK CENTERLINE 0 11/11/22 ZW ABR JM 60% PROGRESS PRINT
APPROVED
APPROVED
JMA CIVIL INC.
KIEWIT SHEA TAYLOR JV
Stage 4 - TBM Shaft and Muck Bin
TBM Shaft
Muck Bin
Grout Plant
Construction Entrances
Truck Queuing and Staging
CTMP for West Portal Early Works Revision Number: 02 Date: 04/10/2023
APPENDIX B
TRAFFIC CONTROL PLANS
CITY OF SAN JOSE CITY OF SANTA CLARA
BROKAW RD.
NEWHALL ST.
NEWHALL DR.
SNH/SNS
HIGH VOLTAGE SUBSTATION SNH (DESIGN BY OTHERS)
AC SWITCHGEAR (NIC)
SNH/SNS
STOCKTON AVE.
Cooling Tower Unit Substation
5100 [16'- 9 1/16"]
REBAR CAGE MONORAIL REBAR CAGE FEEDER OR CAROUSEL
REBAR CLOSING HYDRAULICALLY
REBAR CLOSING STATION
REBAR CAGE STATION QUALITY CHECKING STATION
COVER CLOSING HYDRAULICALLY
AUTOMATIC MOULD COVER
CONCRETING STATION
WAITING STATION
ROBOT SURFACE FINISHING STATION
COVER OPRNING & CLOSING HYDRAULICALLY MOULD CLEANING STATION CROSS TRANSFER 2 DEMOULDING STATION MOULD OPENING HYDRAULICALLY CROSS TRANSFER 1
PRE-STACKING AREA
TILTING TABLE EVACUATION LINE
REBAR CAGE MONORAIL TOOLS GLUE HARDWARE GLUE 40' 40'
SUPPLIES SUPPLIES 40'
5100 [16'-9 1/16"]
10' 40' QC STEAMER AIR COMP 40' 40'
40' BP OFFICE 10' PARTS BREAK ROOM
40'
SLURRIFIER/
STORAGE
PIG
VENT LINE STORAGE
INTERIOR CONCRETE BUILDOUT AREA
CRAWLER CRANE PAD
PRECAST PLANT
(DESIGN BY OTHERS)
AB GROUT PLANT
(DESIGN BY OTHERS)
LINEAR PLANT STAGING/STORAGE
SOIL CONDITIONER
STORAGE TANKS BACKUP GENERATOR
COMPRESSOR AIR
TANKS
(DESIGN BY OTHERS)
PARKING: 187 SPOTS
WATER
TREATMENT
PLANT
KST MV SUBSTATION
(DESIGN BY OTHERS) LINEAR PLANT STORAGE
TBM SEGMENT STORAGE
(DESIGN BY OTHERS)
GANTRY CRANE
(DESIGN BY OTHERS) GANTRY CRANE
(DESIGN BY OTHERS) DETENTION BASIN
FIELD OFFICES SOE TUNNEL (DESIGN BY OTHERS)
AT HOME STORE
SPRINT FACILITY
PAYPAL PARK
PAYPAL PARK
HUNTER STORM CONSTRUCTION
TAILGATE LOT
SPRINT
FACILITY MEDICAL LOCK RENTAL TBM DRUM &
SPARE STORAGE
GROUNDING
PADS
480V
DROP 2
SOE
CONTRACTOR
480V DROP 3
PCTL PLANT
(DESIGN BY OTHERS)
480V
DROP 1
OFFICES
WAREHOUSE
ELECTRICAL
SHOP
MECHANICAL
SHOP
TUNNEL
VENT FANS
(SIZE TBD)
MAINTENANCE
SHOP
DC SWITCHGEAR (NIC)
I-880
TBM SEGMENT STORAGE
(DESIGN BY OTHERS)
NEWHALL DR.
INTERIOR CONCRETE BUILDOUT AREA
(DESIGN BY OTHERS)
FIELD OFFICES (DESIGN BY OTHERS)
(DESIGN BY OTHERS) MUCK BIN
(DESIGN BY OTHERS) MUCK BIN
(DESIGN BY OTHERS)
N 1954412.33
E 6144967.27
N 1952298.64
E 6148195.96
N 1954480.77
E 6144680.16
N 1954842.27
E 6144127.97
N 1954580.67
E 6143926.56
N 1954005.64
E 6144812.63
N 1953848.41
E 6145006.83
N 1952081.48
E 6148032.77
N 1951738.37
E 6148324.14
N 1951702.12
E 6148282.34
VTA PROPERTY
CITY PROPERTY
UPRR PROPERTY
VTA PROPERTY NEWHALL DR.
BAR SCALE
(1" = 30')
15'30' 0 30' 60'
CONTRACT NO.
REV DATE CHKBY APP DESCRIPTION
DRAWN:
DESIGNED:
CHECKED:
APPROVED:
PAGE NO.
DRAWING FILE IDENTIFIER
SUITABILITY DESCRIPTION
SCALE AT D SIZE REV.
SUIT. CODE
SHEET NO.
DATE:
VTA'S BART SILICON VALLEY PHASE II
EXTENSION PROJECT N
---- 1"=30'
CT-E15111
ZW
AW
ABR
11/22/2022
JM
P0509_2-JMA-WPORT-XX-M2-CI-E15111
WEST PORTAL
SITE LAYOUT
LEGEND:
CONCRETE PAVEMENT
OR SLAB
ASPHALT PAVEMENT
AGGREGATE BASE
VTA RIGHT OF WAY
TOP OF DITCH
EASEMENT
FENCE/ GATE
TRACK CENTERLINE 0 11/11/22 ZW ABR JM 60% PROGRESS PRINT
APPROVED
APPROVED
JMA CIVIL INC.
KIEWIT SHEA TAYLOR JV
PROJECT
IDENTIFICATION SIGN PROJECT
IDENTIFICATION SIGN
PROJECT
IDENTIFICATION SIGN C44-CA SIGN C44-CA SIGN 100'-0" 100'-0" C44-CA
SIGN 100'-0"
CTMP for West Portal Early Works Revision Number: 02 Date: 04/10/2023
APPENDIX C
ACCESS TO BUSINESSES AND PROPERTIES
CTMP for West Portal Early Works Revision Number: 02 Date: 04/DD/2023 Page i
Table of Contents
1.0 INTRODUCTION....................................................................................................C-1
2.0 GENERAL INFORMATION ....................................................................................C-2
2.1 Hours of Operations...............................................................................................C-2
2.2 Busiest Time of Day...............................................................................................C-2
2.3 Written and Spoken Languages and Accommodations Needed.............................C-2
2.4 Number of Employees and Visitor..........................................................................C-2
2.5 Renovations and Expansions.................................................................................C-3
3.0 ACCESS FOR EMPLOYEES AND CUSTOMERS.................................................C-3
3.1 Access for Employees and Customers...................................................................C-3
3.2 Arrival Times – Weekdays .....................................................................................C-3
3.3 Arrival Times – Weekends .....................................................................................C-3
4.0 SPECIAL EVENTS AND ROUTINE OPERATION .................................................C-3
5.0 DELIVERY AND CITY SERVICES.........................................................................C-3
5.1 Trash .....................................................................................................................C-3
5.2 Mail........................................................................................................................C-4
5.3 Deliveries...............................................................................................................C-4
5.4 Loading and Unloading ..........................................................................................C-4
6.0 ADDITIONAL INFORMATION PROVIDED ............................................................C-4
7.0 INDIVIDUAL INTERVIEW DOCUMENTATION......................................................C-4
8.0 SPRINT FACILITY ACCESS..................................................................................C-4 CTMP for West Portal Early Works Revision Number: 02 Date: 04/DD/2023 Page C-1
1.0 INTRODUCTION
This attachment summarizes local business information and access needs by topic, specifically for the area of West Portal. The information is extracted from the BSVII Draft CTMP Appendix B – Summary of Access and Service Needs Memorandum, dated 12/15/2020 and 1/21/2021, with additional verification and supplementation from December 2022.
This attachment only summarizes key businesses and facilities near the West Portal site and is not an exhaustive list. However, KST has reviewed all property access near the site, as presented in the attached Property Access Exhibit, and will ensure that no property access is impacted for the Early Works, even if the property is not included in this appendix. See the table below for a summary of key businesses and facilities included in this appendix.
Table 1 - Key Businesses and Facilities
No. Name Type Impact Business
Hours
Address Contact Phone Email
1 Apple Research and
Development
N 6 am to 6 pm 335 Brokaw
Road, Santa
Clara, CA
95050
John
Rickard III
650-208-4081 [email protected]
2 New Eden
Spa
Salon/Personal
Services
N 10 am to 9 pm 1335 Coleman
Avenue, Santa
Clara, CA
95050
Antion
Zhu
408-320-2878 [email protected]
3 PayPal
Park
Stadium N 8 am to 9 pm 1123 Coleman
Avenue, San
José, CA
95110
Luke De
Vogelaere
408-556-7742
650-804-9031
ldevogelaere
@sjearthquakes.com
4 Santa
Clara
University
School N 6 am to 9 pm
(Weekday)
Residents
remaining on
campus through
the weekend
500 El Camino
Real, Santa
Clara, CA
95053
Chris
Shay
408-551-1606 [email protected]
5 Costco
Wholesale
Retailer N 9 am to 8:30 pm
(Weekday)
9 am to 7 pm
(Weekend)
1601 Coleman
Avenue, Santa
Clara, CA
95050
Javier
Zuniga
408-567-9000
Ext. 1
N/A
6 Coleman
Highline
Office
Development
N 7 am to 6 pm
(Weekday)
Mostly closed on
weekends
West of
Coleman Ave
between
Champions
Way and
Earthquakes
Way
Todd
Trekell
408-200-8904 todd
@hunterproperties.com
CTMP for West Portal Early Works Revision Number: 02 Date: 04/DD/2023 Page C-2
2.0 GENERAL INFORMATION
2.1 HOURS OF OPERATIONS
Below are the hours of operations for local businesses and facilities as of December 2022. • Apple: 6 a.m. to 6 p.m.
• New Eden Spa: 10 a.m. to 9 p.m.
• Costco Wholesale:
o Weekday: 9 a.m. to 8:30 p.m.
o Weekend: 9 a.m. to 7 p.m.
• PayPal Park:
o 8 a.m. to 9 p.m.
o Pre-event setup approximately 8 to 10 hours
o Attendees’ arrival is 4 to 5 hours prior to start time • Coleman Highline:
o Weekday: 7 a.m. to 6 p.m. for the majority of the facility • Santa Clara University (14,000 students and 2,000 staff/faculty):
o Weekday: 6 a.m. to 9 p.m.
o Residents remaining on campus through the weekend
2.2 BUSIEST TIME OF DAY
Below are the busiest times of day for local businesses and facilities. • Apple: Weekday morning before 12 p.m.
• New Eden Spa: Weekday afternoon between 12 p.m. and 5 p.m. • Costco Wholesale: Busy all-day
• PayPal Park:
o Weekday: Evening after 5 p.m. kick-off time
o Weekend: Afternoon kick-off at 12 p.m. and evening after 5 p.m. • Coleman Highline: Weekday morning from 9 a.m. to 12 p.m.
2.3 WRITTEN AND SPOKEN LANGUAGES AND ACCOMMODATIONS
NEEDED
Below are written and spoken languages commonly used by the local businesses’ employees and customers besides English, and any special accommodations needed. • New Eden Spa: Mandarin
• Costco Wholesale: Spanish
• PayPal Park: Spanish
2.4 NUMBER OF EMPLOYEES AND VISITOR
• Coleman Highline: At least 2,900 employees when the Verizon construction is completed in December 2021; approximately 100 to 150 daily visitors
CTMP for West Portal Early Works Revision Number: 02 Date: 04/DD/2023 Page C-3
2.5 RENOVATIONS AND EXPANSIONS
Below are businesses that might conduct renovations/expansions in the next 2 to 10 years. • PayPal Park: Plan to conduct major renovation in conjunction with the Coleman Highline construction • Coleman Highline: Additional construction of the development through December 2021 (Verizon); Phase 4 (between Verizon and Aviation Ave) 300,000 SF to be completed once a tenant is obtained with estimated construction start of 2023.
3.0 ACCESS FOR EMPLOYEES AND CUSTOMERS
3.1 ACCESS FOR EMPLOYEES AND CUSTOMERS
Businesses near the West Portal area noted that most of their employees and customers will access the properties by driving. The majority will park in the businesses’ owned parking lot or a shared parking lot, including PayPal Park. Downtown locations are more likely to have parking on the street nearby or parking garages.
For schools, there are no schools currently using school buses. At least half of the staff and faculty regularly drive, most parking in on-site school parking lots. Santa Clara University provides residential parking lots and commuter parking garages for staff, faculty and students. Most students live on or near campus and can walk to classes.
3.2 ARRIVAL TIMES – WEEKDAYS
At most locations, employees and customers tends to arrive before 12 p.m. on weekdays. See below for additional details.
• PayPal Park: 8 to 10 hours in advance of events, as early as 9 a.m. • Coleman Highline: 7 a.m. to 9 a.m.
• Santa Clara University:
o Staff/students arrive 7 a.m. to 9 a.m.
o Staff/students leave 3:30 p.m. to 5 p.m.
o Graduate students arrive 4 p.m. to 6 p.m. for night classes
3.3 ARRIVAL TIMES – WEEKENDS
At most locations, facilities will be closed on weekends with no arrivals. Notable businesses open on weekends near West Portal include PayPal Park and Costco Wholesale. See below for additional details. • PayPal Park: 8 to 10 hours in advance of events, as early as 9 a.m.
4.0 SPECIAL EVENTS AND ROUTINE OPERATION
PayPal Park will host events throughout the year, which will be considered and coordinated as routine operation.
5.0 DELIVERY AND CITY SERVICES
5.1 TRASH
• Costco Wholesale: Everyday between 6 a.m. and 7 a.m.
CTMP for West Portal Early Works Revision Number: 02 Date: 04/DD/2023 Page C-4
• PayPal Park: Based on events; no regular hours
• Coleman Highline: Early mornings; specific days are unknown
5.2 MAIL
• Coleman Highline: 8 a.m. to 12 p.m.
5.3 DELIVERIES
• Costco Wholesale: 3 to 4 trucks from 3 a.m. to 6 a.m., 2 trucks from 8 a.m. to 10 a.m., and 2 trucks from 4 p.m. to 6 p.m.
5.4 LOADING AND UNLOADING
• Apple: Several times a week, a loading dock
• New Eden Spa: Not required, FedEx/UPS Deliveries in the parking lot take 1 to 10 minutes each • Costco Wholesale: Multiple times a day from 8 a.m. to 12 p.m., has a loading dock, 1 to 10 minutes per delivery
• PayPal Park: Has a loading dock behind the stadium and passenger pick up and drop off is currently at the intersection at Coleman with post COVID plans to reevaluate location. No deliveries take place during events but do receive bulk deliveries several times a week and smaller FedEx/UPS deliveries daily from 8 a.m. to 3 p.m.
• Coleman Highline: Multiple times a day, typically from 8 a.m. to 12 p.m. with a varied time per delivery. Loading docks are available in Buildings 1, 2 (Brandley), 3, and 4 (Aviation Ave).
Depending on direction of arrival, the delivery vehicles would need to make a left turn into the main campus, but not directly to the loading dock
• Santa Clara University: Once a day in the shipping & receiving area loading dock at the dinning hall (opposite side of campus from transit center)
6.0 ADDITIONAL INFORMATION PROVIDED
• Apple: Testing lab on site. Apple will internally confirm whether they will be impacted by vibrations due to the tunnel boring machine, but it is unlikely as the West Portal is far from the Apple site. • PayPal Park: Requested that the TPMP be reviewed and continue to coordinate with the Coleman Highline development.
• Santa Clara University: Expressed concerns about the main gate at El Camino Real and Palm Drive.
The West Portal Early Works will not affect the main entrance as trucks will not be routed through El Camino Real.
7.0 INDIVIDUAL INTERVIEW DOCUMENTATION
Individual interview documentation and applicable attachments from the BSVII Draft CTMP Appendix B – Summary of Access and Service Needs Memorandum, dated 12/15/2020 and 1/21/2021, for businesses and facilities near the West Portal site, are attached to this appendix.
8.0 SPRINT FACILITY ACCESS
There is an existing Sprint fiber optics facility, located at 801 Newhall Drive, as well as an existing fiber optic line at the West Portal site operated by Sprint. The existing fiber optic line is proposed to be relocated, but remaining within the West Portal site. KST has been noted that Sprint has an easement for CTMP for West Portal Early Works Revision Number: 02 Date: 04/DD/2023 Page C-5
accessing their facilities and fiber optic lines through the VTA-owned West Portal site. KST is in coordination with VTA and Sprint to ensure that their access will not be impacted by the construction activities at West Portal.
SCALE: DATE: 383 4th Street, Ste. 201 Oakland, CA 94607 T: 925.400.4356 www.jmacivil.com Cities of San Jose and Santa Clara NEWHALL YARD
ATTACHMENT C
PROPERTY ACCESS EXHIBIT AS NOTED 12/05/2022 WONDO WAY CHAMPIONS WAY AVIATION AVE.
COLEMAN AVE. BROKAW ROAD
EL CAMINO REAL DE LA CRUZ BLVD.
COSTCO
WHOLESALE
NEW EDEN
SPA APPLE
COLEMAN
HIGHLINE
COLEMAN
HIGHLINE
EXISTING SANTA
CLARA STATION
UNIMPACTED DRIVEWAY LOCATION
PROJECT SITE N
SCALE: DATE: 383 4th Street, Ste. 201 Oakland, CA 94607 T: 925.400.4356 www.jmacivil.com Cities of San Jose and Santa Clara NEWHALL YARD
ATTACHMENT C
PROPERTY ACCESS EXHIBIT AS NOTED 12/05/2022
COLEMAN
HIGHLINE
PAYPAL
PARK COLEMAN AVE. WONDO WAY AVIATION AVE. EARTHQUAKES WAY NEWHALL DR.
NEWHALL DR. NEWHALL ST.
AIRPORT BLVD. I-880 MCKENDRIE ST. W HEDDING ST. CHESTNUT ST. EL CAMINO REAL CAMPBELL AVE. N
UNIMPACTED DRIVEWAY LOCATION
PROJECT SITE
1 Date: 11/30/20 @ 15:52pm
Organization: Apple
Type of Organization: Research and Development
Attendees: Rod Diridon, John Rickard III, Monica F., Erica R.
Project Area: Santa Clara
Address: 335 Brokaw Road, Santa Clara, CA 95050
Main Point of Contact
Name: John Rickard III
Phone Number: 650-208-4081
Email Address: [email protected]
------------------------------------------------------------------------------------------------------------------------------ Question Letter
Answer Comments
1. Are you this business or organization’s
owner or manager?
a. Yes
b. No
A
2. Has your business, organization, or
institution made any operational or access
changes due to Santa Clara County Public
Health orders due to COVID-19 (e.g. offer
outdoor seating, outdoor retail or services,
added a virtual storefront, created pick-up
area, increased customer delivery)? If yes,
please describe..
a. Yes [comment box]
b. No
c. Not sure / Prefer not to answer /
Not applicable
C
3. What are your hours of operation?
(i.e. M-F 8 am – 5 pm)
6am to 6 pm
4. Please select your typically busiest times:
a. Weekday Morning (before 12 Noon)
b. Weekday Afternoon (between 12
Noon and 5 p.m.)
c. Weekday Evening (after 5 p.m.)
d. Weekend Morning (before 12
Noon)
e. Weekend Afternoon (between 12
Noon and 5 p.m.)
f. Weekend Evening (after 5 p.m.)
g. Not sure / Prefer not to answer /
Not applicable
Weekday Morning (before 12
Noon)
8:30 am to 10 am
2 Question Letter
Answer Comments
5. What language(s) is(are) spoken and/or
written by you, your employees, and your
customers (including advertising and
reading technical documents, such as legal
or financial documents)?
a. English
b. Spanish / Español
c. Portuguese / Português
d. Mandarin / 漢語
e. Cantonese / 粵語
f. Vietnamese / Tiếng Việt
g. Tagalog
h. Other (please specify)
A
6. Approximately how many employees or
volunteers do you have?
a. 1
b. 2-9
c. 10-35
d. 36-50
e. 51+
O Average 60
7. Approximately how many people a day
typically visit your business or
organization?
a. Fewer than 50
b. 50-99
c. 100-249
d. 250 or more
e. Not sure / Prefer not to answer /
Not applicable
A 5 people a week as vendors;
landscaping and building
services
8. Do you intend to move premises within the
next two years?
a. Yes
b. No
B
The following questions are about how your employees, volunteers, customers, students, and visitors access your business, organization, or institution.
Question Letter
Answer Comments
9. Do they have access to transit, such as
buses or light rail, at your location?
a. Yes
b. No
c. Not sure / Prefer not to answer
A
3 Question Letter
Answer Comments
10. How many of them regularly drive to your
business, organization, or institution?
a. None
b. Few than half
c. About half
d. More than half
e. All
f. Not sure / Prefer not to answer /
Not applicable
D
11. If they drive, where do they typically park?
a. Owned parking lot
b. Shared parking lot
c. Street parking nearby
d. Street parking in surrounding
neighborhood
e. Not sure/ Prefer not to answer /
Not applicable
A There is the option to have an
Apple shuttle from a campus,
but not typical for this site.
Owned parking lot
12. If applicable, please provide the address
or approximate location of any shared
parking lot or garage.
No response
13. What time of day do they typically arrive?
(Check all that apply)
a. Weekday Morning (before 12
Noon)
b. Weekday Afternoon (between 12
Noon and 5 p.m.)
c. Weekday Evening (after 5 p.m.)
d. Weekend Morning (before 12
Noon)
e. Weekend Afternoon (between 12
Noon and 5 p.m.)
f. Weekend Evening (after 5 p.m.)
g. Not sure / Prefer not to answer /
Not applicable
A
14. Does your business, organization, or
institution host regular or occasional
special events? Examples include
promoted sales and cultural holidays. If
yes, please describe the dates, times,
size, and any other relevant event
information.
a. Yes [comment box]
b. No
c. Not sure / Prefer not to answer /
Not applicable
B
4 Question Letter
Answer Comments
15. Please describe or list your approximate
delivery, mail, and trash schedules. (e.g.
deliveries on Mondays at 7:00 am and
trash pick-ups on Thursdays at 9:00 am).
Follow up in progress
16. Does your business, organization, or
institution require passenger and/or goods
loading and unloading?
a. Yes
b. No
A
17. Does your business, organization, or
institution use or have access to any of
the following?
a. Yellow curb (delivery)
b. White curb (passenger drop-off)
c. Loading dock
d. None of the above
e. Not sure / Prefer not to say / Not
applicable
C
18. If yes, provide the address or approximate
location of your loading areas (yellow curb
and/or loading dock).
Follow up in progress
19. How often does your business,
organization, or institution require bulk
loading and/or unloading?
a. Once per day
b. Multiple times per day
c. Several times per week
d. Several times per month
e. Several times per year
f. None
g. Not sure / Prefer not to answer
C Follow up in progress
20. Do delivery vehicles need to make a left
turn to enter your loading area?
a. Yes
b. No
c. Not sure / Prefer not to answer /
Not applicable
B
21. What is the busiest time for loading and
unloading deliveries at your business,
organization, or institution?
a. 8:00 am – Noon
b. Noon – 3:00 PM
c. 3:00 – 6:00 PM
d. 6:00 PM – 8:00 AM (next day)
e. Not sure / Prefer not to answer /
Not applicable
Follow up in progress
5 Question Letter
Answer Comments
22. How long does a typical delivery loading
or unloading take?
a. 1-10 minutes
b. 11-30 minutes
c. 31-60 minutes
d. More than 60 minutes
e. It varies
f. Not sure / Prefer not to answer /
Not applicable
Follow up in progress
23. Does your business, organization, or
institution require any other
accommodations to access information or
services (e.g. printed media in an
alternate format, sign language
interpreter, assistive listening devices,
video captioning)?
a. Yes [comment box]
b. No
c. Not sure / Prefer not to answer
B
24. Is there anything else about your
business, organization, or institution you
would like to tell VTA? [comment box]
There is a testing lab on site and
Apple wants to confirm internally
that they are not affected by
vibrations but should not be a
problem as the TBM will be
daylighting at the south end of
Newhall yard, not adjacent to
Apple.
1 Date: 11/24/20 @ 14:41pm
Organization: Avaya Stadium
Type of Organization: Stadium
Attendees: Luke De Vogelaere, Gina N., Dennis K.
Project Area: Santa Clara Station
Address: 1123 Coleman Avenue, San José, CA 95110
Main Point of Contact
Name: Luke De Vogelaere
Phone Number: 408-556-7742, 650-804-9031
Email Address: [email protected]
------------------------------------------------------------------------------------------------------------------------------ Question Letter
Answer Comments
1. Are you this business or organization’s
owner or manager?
a. Yes
b. No
Director of events: parking and
traffic
2. Has your business, organization, or
institution made any operational or access
changes due to Santa Clara County Public
Health orders due to COVID-19 (e.g. offer
outdoor seating, outdoor retail or services,
added a virtual storefront, created pick-up
area, increased customer delivery)? If yes,
please describe..
a. Yes [comment box]
b. No
c. Not sure / Prefer not to answer /
Not applicable
Operating, private gym rented
stadium location for classes,
stadium is open for small
events. No large event.
3. What are your hours of operation?
(i.e. M-F 8 am – 5 pm)
MLS match setup the day
before, staff arrive 8-10 hours
prior. Fans arrive 4.5 hours to
kick-off.
2 Question Letter
Answer Comments
4. Please select your typically busiest times:
a. Weekday Morning (before 12 Noon)
b. Weekday Afternoon (between 12
Noon and 5 p.m.)
c. Weekday Evening (after 5 p.m.)
d. Weekend Morning (before 12
Noon)
e. Weekend Afternoon (between 12
Noon and 5 p.m.)
f. Weekend Evening (after 5 p.m.)
g. Not sure / Prefer not to answer /
Not applicable
C
F
MLS matches 7-7:30pm kick-off
game. Sunday & Saturday.
Some 12pm kick-off.
5. What language(s) is(are) spoken and/or
written by you, your employees, and your
customers (including advertising and
reading technical documents, such as legal
or financial documents)?
a. English
b. Spanish / Español
c. Portuguese / Português
d. Mandarin / 漢語
e. Cantonese / 粵語
f. Vietnamese / Tiếng Việt
g. Tagalog
h. Other (please specify)
A
B
Information is provided in both
English and Spanish.
6. Approximately how many employees or
volunteers do you have?
a. 1
b. 2-9
c. 10-35
d. 36-50
e. 51+
E
7. Approximately how many people a day
typically visit your business or
organization?
a. Fewer than 50
b. 50-99
c. 100-249
d. 250 or more
e. Not sure / Prefer not to answer /
Not applicable
D
8. Do you intend to move premises within the
next two years?
a. Yes
b. No
B