more fully described in Exhibit A entitled "SCOPE OF SERVICES." All of the exhibits referenced in this Agreement are attached and are incorporated by this reference.
3. COMMENCEMENT AND COMPLETION OF SERVICES.
A. Contractor shall begin providing the services under the requirements of this Agreement upon receipt of written Notice to Proceed from City. Such notice shall be deemed to have occurred three (3) calendar days after it has been deposited in the regular United States mail. Contractor shall complete the Services within the time limits set fmih in the Scope of Services or as mutually determined in writing by the Paiiies.
B. When City determines that Contractor has satisfactorily completed the Services, City shall give Contractor written Notice of Final Acceptance. Upon receipt of such notice, Contractor shall not incur any further costs under this Agreement.
Contractor may request this determination of completion be made when, in its opinion, the Services have been satisfactorily completed. If so requested by the contractor, City shall make this determination within fourteen (14) days of its receipt of such request.
4. QUALIFICATIONS OF CONTRACTOR- STANDARD OF WORKMANSHIP.
Contractor represents and maintains that it has the necessary expertise in the professional calling necessary to perform services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor's representations regarding its skills and knowledge. Contractor shall perform such services and duties in conformance to and consistent with the professional standards of a practitioner in the same discipline in the State of California.
The plans, designs, specifications, estimates, calculations, reports and other documents furnished under Exhibit A shall be of a quality acceptable to City. The criteria for acceptance of the work provided under this Agreement shall be a product of neat appearance, well organized, that is technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by City for similar projects.
5. TERM OF AGREEMENT.
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the te1m of this Agreement shall begin on the Effective Date of this Agreement and terminate on September 30, 2017.
6. MONITORING OF SERVICES.
City may monitor the Services performed under this Agreement to determine whether Contractor's operation conforms to City policy and to the terms of this Agreement. City may also monitor the Services to be performed to determine whether financial operations are conducted in accord with applicable City, county, state, and federal requirements. If Agreement for the Performance of Services/Perkins+ Will Inc.
Rev. 02/01/15; Typed 02/02/16
any action of Contractor constitutes a breach, City may terminate this Agreement pursuant to the provisions described herein.
7. WARRANTY.
Contractor represents that all materials and services covered by this Agreement shall be shall conform to the specifications, requirements, and instructions upon which this Agreement is based and performed reasonably and consistent with the professional standards referred to hereinabove. Contractor agrees to promptly replace or correct any incomplete, inaccurate, or defective Services at no further cost to City when defects are due to the negligent errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.
8. PERFORMANCE OF SERVICES.
Contractor shall perform all requested services in an efficient and expeditious manner and shall work closely with and be guided by City. Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it. Contractor will perform all Services in a safe manner and in accordance with all federal, state and local operation and safety regulations.
9. BUSINESS TAX LICENSE REQUIRED.
Contractor must comply with Santa Clara City Code section 3.40.060, as that section may be amended from time to time or renumbered, which requires that any person who transacts or carries on any business in the City of Santa Clara pay business license tax to the City. A business tax certificate may be obtained by completing the Business Tax Affidavit Form and paying the applicable fee at the Santa Clara City Hall Municipal Services Division.
10. RESPONSIBILITY OF CONTRACTOR.
Contractor shall be responsible for the professional quality, technical accuracy and coordination of the Services furnished by it under this Agreement. Neither City's review, acceptance, nor payments for any of the Services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and Contractor shall be and remain liable to City in accordance with applicable law for all damages to City caused by Contractor negligent perf01mance of any of the Services furnished under this Agreement.
Any acceptance by City of plans, specifications, construction contract documents, reports, diagrams, maps and other material prepar ed by Contractor shall not in any respect absolve Contractor f01m the responsibility Contractor has in accordance with customary standards of good professional practice in compliance with applicable federal , state, county, and/or municipal laws, ordinances, regulations, rnles and orders.
Agreement for the Perf01mance of Services/Perkins + Will Inc.
Rev. 02/01/15; Typed 02/02/16
11. COMPENSATION AND PAYMENT.
In consideration for Contractor's complete perfonnance of Services, City shall pay Contractor for all materials provided and services rendered by Contractor at the rate per hour for labor and cost per unit for materials as outlined in Exhibit B, entitled "SCHEDULE OF FEES."
Contractor will bill City on a monthly basis for Services provided by Contractor during the preceding month, subject to verification by City. City will pay Contractor within thirty (30) days of City's receipt of invoice.
12. TERMINATION OF AGREEMENT.
Either Party may terminate this Agreement without cause by giving the other Party written notice ("Notice of Termination") which clearly expresses that Party's intent to terminate the Agreement. Notice of Termination shall become effective no less than thirty (30) calendar days after a Party receives such notice. After either Party terminates the Agreement, Contractor shall discontinue further services as of the effective date of termination, and City shall pay Contractor for all Services satisfactorily performed up to such date.
13. NO ASSIGNMENT OR SUBCONTRACTING OF AGREEMENT.
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the p1ior written approval of City. Contractor shall not hire subcontractors without express written permission from City.
14. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed to be an agreement for the benefit of any third pmty or parties and no third pmty or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
15. INDEPENDENT CONTRACTOR.
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full 1ights, however, to manage its employees in their performance of Services under this Agreement. Contractor is not authorized to bind City to any contracts or other obligations .
16. NO PLEDGING OF CITY'S CREDIT.
Under no circumstances shall Contractor have the authority or power to pledge the credit of City or incur any obligation in the name of City. Contractor shall save and hold harmless the City, its City Council, its officers, employees, boards and commissions for expenses mising out of any unauthorized pledges of City's credit by Contractor under this Agreement.
Agreement for the Performance of Services/Perkins + Will Inc.
Rev. 02/01/15; Typed 02/02/16
17. CONFIDENTIALITY OF MATERIAL.
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services, except as required by law. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.
18. USE OF CITY NAME OR EMBLEM.
Contractor shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
19. OWNERSHIPOFMATERIAL.
All material, including information developed on computer(s), which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof.
City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
20. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR.
City, through its authorized employees, representatives or agents shall have the right during the te1m of this Agreement and for three (3) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City.
Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to Contractor's Services hereunder.
Agreement for the Performance of Services/Perkins + Will Inc.
Rev. 02/01/15; Typed 02/02/16
21. CORRECTION OF SERVICES.
Contractor agrees to correct any incomplete, inaccurate or defective Services at no fmiher costs to City, when such defects are due to the negligent errors or omissions of Contractor.
22. FAIREMPLOYMENT.
Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, gender, sexual 01ientation, age, disability, religion, ethnic background, or marital status, in violation of state or federal law.
23. HOLD HARMLESS/INDEMNIFICATION.
To the extent permitted by law and other than in the practice of professional services such that the Contractor's Commercial General Liability Policy shall accept a tender of any claim, Contractor agrees to protect, defend, hold harmless and inde1mufy City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and reasonable attorney's fees in providing a defense to any claim arising therefrom, for which City shall become liable arising from Contractor's negligent, reckless or wrongful acts, errors, or omissions with respect to or in any way connected with the Services performed by Contractor pursuant to this Agreement.
Additionally, and in the practice of professional services such that the Contractor's Professional Liability Policy shall accept a tender of any claim, Contractor agrees to hold harmless and indemnify City, its City Council, commissions, officers, and employees from and against injury, liability, loss, cost, and/or expense or damage, including all costs and reasonable attorney's fees involved in the City providing a defense to any claim arising therefrom, for which City shall become liable arising from Contractor's negligent , reckless or wrongful acts, errors, or omissions with respect to or in any way connected with the professional Services performed by Contractor pursuant to this Agreement.
24. INSURANCE REQUIREMENTS.
Dming the tenn of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City insurance policies with respect to employees and vehicles assigned to the Perfonnance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exmbit C.
25. AMENDMENTS.
This Agreement may be amended only with the written consent of both Parties.
Agreement for the Performance of Services/Perkins + Will Inc.
Rev. 02/01/15; Typed 02/02/16
26. INTEGRATED DOCUMENT.
This Agreement represents the entire agreement between City and Contractor. No other understanding, agreements , conversations, or otherwise, with any representative of City prior to execution of this Agreement shall affect or modify any of the terms or obligations of this Agreement. Any verbal agreement shall be considered unofficial information and is not binding upon City.
27. SEVERABILITY CLAUSE.
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
28. WAIVER.
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
29. NOTICES.
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Planning Division
1500 Warburton A venue
Santa Clara, California 95050
or by facsimile at (408) 247-9857
And to Contractor addressed as follows:
Name : Perkins+ Will
Address: 2 Bryant Street, Suite 300
San Francisco, CA 94105
or by facsimile at ( 415) 856-3001
If notice is sent via facsimile, a signed, hard copy of the mate1ial shall also be mailed.
The workday the facsimile was sent shall control the date notice was deemed given if there is a facsimile machine generated document on the date of transmission. A facsimile transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following Monday.
30. CAPTIONS.
The captions of the various sections, paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered or refen ed to in resolving questions of interpretation.
Agreement for the Perfonnance of Services/Perkins+ Will Inc.
Rev. 02/01/15; Typed 02/02/16
31. LAW GOVERNING CONTRACT AND VENUE.
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Paiiy shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Comi, Northern District of California, San Jose, California.
32. DISPUTE RESOLUTION.
A Unless otherwise mutually agreed to by the Parties, any controversies between Contractor and City regarding the construction or application of this Agreement, and claims arising out of this Agreement or its breach, shall be submitted to mediation within thirty (30) days of the written request of one Party after the service of that request on the other Party.
B. The Paiiies may agree on one mediator. If they cannot agree on one mediator, the Party demanding mediation shall request the Superior Court of Santa Clara County to appoint a mediator. The mediation meeting shall not exceed one day (eight (8) hours). The Parties may agree to extend the time allowed for mediation under this Agreement.
C. The costs of mediation shall be borne by the Parties equally.
D. For any contract dispute, mediation under this section is a condition precedent to filing an action in any court. In the event of mediation which arises out of any dispute related to this Agreement, the Parties shall each pay their respective attorney's fees, expert witness costs and cost of suit through mediation only. In the event of litigation, the prevailing Party shall recover its reasonable costs of suit, expert's fees, and attorney's fees. If mediation does not resolve the dispute, the Parties agree that the matter shall be litigated in a comi of law, and not subject to the arbitration provisions of the Public Contracts Code.
33. COMPLIANCE WITH ETHICAL ST AND ARDS.
Contractor shall:
A Read Exhibit D, entitled "ETHICAL STANDARDS FOR CONTRACTORS
SEEKING TO ENTER INTO AN AGREEMENT WITH THE CITY OF SANTA CLARA, CALIFORNIA "; and,
B. Execute Exhibit E, entitled "AFFIDAVIT OF COMPLIANCE WITH ETHICAL STANDARDS."
34. AFFORDABLE CARE ACT OBLIGATIONS
To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act ("Act") and/or any other similar federal or state law, Contractor wanants that it is meeting its obligations under the Act and will Agreement for the Perfonnance ofServices!Perk.ins + Will Inc.
Rev. 02/01/15 ; Typed 02/02/16
fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor's responsibilities under the Act.
35. CONFLICT IN TERMS.
In the event of a conflict between the terms of the main body of this Agreement and the terms of any of the Exhibits, the main body of this Agreement shall control.
36. CONFLICT OF INTERESTS.
This Agreement does not prevent either Party from entering into similar agreements with other parties. To prevent a conflict of interest, Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code Section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
37. PROGRESS SCHEDULE.
The Progress Schedule will be as set forth in the attached Exhibit F, entitled "MILESTONE SCHEDULE" if applicable.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument; and, the Parties agree that signatures on this Agreement, including those transmitted by facsimile, shall be sufficient to bind the Parties.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. The Effective Date is the date that the final signatory executes the Agreement. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.
Agreement for the Performance of Services/Perkins+ Will Inc.
Rev. 02/01/15; Typed 02/02/16
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
APPROVED AS T~°J/ tS
RICHARD E. NOSKY, JR.
City Attorney
Dated: 4 • 2-Cf • f (o
~~~
RA.JEEV BATRA
Acting City Manager
1500 Warburton A venue
Santa Clara, CA 95050 ATTEST: i1u
Telephone: (408) 615-2210
Fax: (408) 241-6771
ROD DIRIDON, JR.
City Clerk
"CITY"
PERKINS+ WILL, INC.
a Delaware corporation
Dated: f
By: _!_~~~~~~L _______ _
(S ature of Person executing the Agreement on behalf of Contractor)
Name : Geeti Silwal
Title: Principal-in-Charge
Local Address: 2 Bryant Street, Suite 300
San Francisco, CA 94105
Email Address: [email protected]
Telephone : (415) 856-3000
Fax: (415) 856-3001
"CONTRACTOR"
l:\PLANNING\Admin\Contracts \Perkins + Will\Tasman East\Final with changes accepted_P+W 3-24-16 .docx Agreement for the Performance of Services/Perk ins + Will Inc.
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AGREEMENT FOR THE PERFORMANCE OF SERVICE S
BY AND BETWEEN THE
CITY OF SANT A CLARA, CALIFORNIA ,
AND
PERKINS + WILL INC.
EXHIBIT A
SCOPE OF SERVICES
Perkins+ Will has reviewed the Project Description and Task structure in the RFP and confirms its ability to accommodate this Scope of Work within the project budget, subject to enhancements listed after the tasks below, which are believed necessary to provide the City with the deliverables needed for approval, adoption and implementation of the Plan.
Perkins and Will Assumptions
1. Normal reimbursable expenses associated with travel, meals, accommodations, in house printing and postage are included within the overall total budget for each task.
Any special reimbursable expenses that may arise will be estimated for City review and approval before costs are incurred.
2. Deliverables are limited to those described in the scope of services. All deliverables (other than those defined in the scope of services as associated with the EIR process) are assumed to be electronic versions of the documents described. The City of Santa Clara will be responsible for printing and distribution of any hard copies other than those required for the NOP and all editions of the EIR. Presentation material for community outreach , stakeholders and hearings with elected officials will be in electronic format.
3. Coordination with other agencies is the responsibility of City staff.
4. The City will provide one set of coordinated comments for each review period indicated on the project schedule .
TASKS:
TASK 1: COMMUNITY INVOLVEMENT PLAN
The consultant shall develop a collaborative involvement plan for the project. The City will partner with local and regional community based organizations as well as engage in directed education and outreach efforts involving the diverse population of Santa Clara. Regular meetings will be scheduled with community stakeholders to ensure that their input and feedback is included at specific points of plan development. Specific deliverables include:
Deliverable 1a: A community involvement plan (details of who will be engaged and when, along with the strategies that will be used to engage them).
Deliverable 1b: Materials for distribution at community and TAC meetings (draft and final versions of maps, handouts etc. as they are prepared).
Agreement with Perkins+ Will Inc./Scope of Services/Exhibit A Rev. 02/01/15; Typed 02/08/16
Deliverable 1c: Tentative timeline for TAC and broader community outreach meetings that are coordinated with project milestones.
Deliverable 1 d: Meeting minutes, public comment summaries, survey or focus group summaries (as appropriate).
TASK 2: PARKING AND TRAFFIC CIRCULATION ANALYSIS
The consultant shall prepare a parking demand analysis for the project area related to transit service and intensification of land uses in the area. The analysis, summarized in a technical memorandum, shall examine:
• Internal neighborhood circulation and connection to the City's roadway network • Need for roadway and access improvements to serve neighborhood and surrounding areas
• Residential, commercial and mixed use parking demand and management strategies • Potential for controlled, shared and/or fee parking in the station area The consultant shall prepare a detailed analysis for each land use alternative to address trip generation and circulation issues in the project area. Motor vehicle, transit, bicycle and pedestrian circulation patterns shall be considered, focusing on connectivity for these modes to the Tasman Light Rail station and beyond, including access for the disabled and elderly.
Coordination of bus transit service with rail transportation and non-motorized connections to transit shall also be considered. Safety and operational issues shall be analyzed for the alternatives. Level of Service (or current equivalent model) analysis shall be conducted for motor vehicles, transit, bicycles and pedestrians for each alternative along with identification of required mitigation measures. Ridership projections shall be developed by travel period and commute direction
The consultant shall present the findings from the Parking Demand and Traffic Analysis at the public outreach meetings and seek feedback on alternatives. Utilizing interactive planning techniques, the consultant shall lead meeting attendees in an exercise to identify community priorities and preferences. This may result in a clear preference for one of the alternatives or varied concepts that combine components of alternatives. The consultant should illustrate how public interest is reflected in the alternatives.
Deliverable 2a:
Deliverable 2b:
Deliverable 2c:
Parking demand and traffic circulation analysis
Transportation/access improvements needs
Meeting(s) summary
TASK 3: ALTERNATIVES DEVELOPMENT, SELECTION OF A PREFERRED
ALTERNATIVE, AND DEVELOPMENT OF URBAN DESIGN, STREETSCAPE AND OPEN
SPACE STANDARDS
Task 3.1: ALTERNATIVES DEVELOPMENT
The consultant shall facilitate a TAC Meeting and a Stakeholders' Meeting to collect feedback on the Tasman East Focus Area, including the range of issues, project recommendations, and potential drivers and project indicators for the development of a plan for the subject area. These considerations shall lead to the development of a project vision statement, project indicators, and preliminary bubble diagram concepts that start to establish the range of project alternatives.
This discussion and exercise shall serve as a starting point for the development of draft plan alternatives.
Agreement with Perk.ins+ Will Inc./Scope of Services/Exhibit A Rev. 02/01/ 15; Typed 02/08/16
The consultant shall develop up to three draft alternatives for the Focus Area, illustrating conceptual alternatives for land use, density, corridor connectivity, public spaces, community facilities, site development and reuse, urban design concepts, and other elements identified by the TAC and stakeholders, expressed as a series of site plan diagrams, text and tables for the Plan Area Focus. These alternatives shall be based on the work of earlier tasks and input received throughout the planning process. The draft alternatives shall be accompanied by appropriate maps, tables, and graphics.
The consultant shall present the conceptual alternatives at a subsequent TAC Meeting Stakeholders' Meeting and work closely with both groups to refine the plan alternatives to best meet project goals and the issues and concerns expressed by the public.
Deliverable 3.1: Up to three draft alternatives and accompanying descriptions, diagrams, development tables, pros and cons comparison, and summary of the effectiveness of each alternative in meeting project goals and indicators or addressing significant issues project issues.
Task 3.2: PREFERRED ALTERNATIVE
The consultant, in consultation with the City of Santa Clara and the community, shall develop a preferred land use and circulation alternative to serve as the basis for the Draft TEFA Plan.
To complement the land use and circulation preferred alternative, the consultant shall develop design and streetscape standards based on input from community outreach meetings. The urban design standards shall address transit oriented design, including general design concepts for public spaces, street design by type and function of street, building form and orientation, street furniture, street lighting, street trees and landscaping, decorative sidewalks, utility vaults/cabinets, special design treatments for bicycle and pedestrian connections to or at the rail station and bus stops, and to other areas outside the neighborhood. Accessible design for elderly and disabled persons and accessible paths of travel from the station through the Specific Plan area shall be addressed.
The consultant shall assess open space needs resulting from future development in the area and identify general locations for public and private open space. An open space framework plan shall be prepared to meet this objective. The proposal shall also offer at least one means to address the cost sharing of open space acquisition and development among area developers.
The consultant shall present the preferred land use and circulation alternative and the draft urban design, streetscape and open space standards at community outreach meetings. The public will be asked to respond to the preferred plan and design standards. Input received shall be used to refine the alternative and develop the Draft TEFA Plan.
Deliverable 3.2a: Large format graphic illustrating preferred alternative, draft Urban Design and Streetscape Standards and report
Deliverable 3.2b: Open Space Framework Plan (public parks and private open space)
Deliverable 3.3c: TAC and Stakeholders' meeting summaries TASK 4: INFRASTRUCTURE DEVELOPMENT, BUDGET AND FINANCING STRATEGY The consultant shall prepare an Infrastructure Development and Financing Strategy to determine, at an engineering level, the infrastructure necessary to support the land uses and improvements identified in the preferred land use and circulation alternative and the design Agreement with Perkins+ Will Inc./Scope of Services/Exhibit A Rev. 02/01/15; Typed 02/08/16
standards. Analysis supporting the strategy should describe the infrastructure conditions and improvements needed to support the anticipated development in terms of water, wastewater, storm drainage, sanitary sewer, roadways, electricity and gas, cable, telephone service, parks, schools, libraries, telecommunications and other civic needs. The analysis shall provide information to the EIR and include any improvements identified in the program EIR identified as mitigation. The analysis shall also include a preliminary stormwater management plan for the program area.
The analysis shall include preliminary cost estimates, phasing recommendations for improvements categorized by system, geography, or phased capacity improvements and recommended funding strategies.
Deliverable 4a:
Deliverable 4b:
Deliverable 4c:
Deliverable 4d:
Infrastructure Development and Budget Report
Financing Report
TAC meeting summary
Community meeting summaries
TASK 5: IMPLEMENTATION PLAN
The consultant shall identify specific action items to implement each element of the TEFA Plan, including zoning code and General Plan updates, with timelines for completion of each. The timeline is attached to this Agreement and is titled Schedule. Code updates shall be completed immediately after plan adoption.
Deliverable 5: Implementation Plan for each element of TEFA Plan (with timeline)
TASK 6: PREPARATION OF THE FOCUS AREA PLAN
The consultant shall prepare the Draft Tasman East Focus Area Plan. The Plan shall serve as the city's long range, comprehensive land use, circulation, and implementation plan for guiding development within the plan boundary. The Plan shall contain the following components:
• Planning Process: Description of the process to develop the plan and the role the public played in creating the plan.
• Land Use/Housing: Description of land use designations, including a total number of units, range of densities, square footage of non-residential uses, mixed use, and employment generating land uses. Population and job projections shall be included. • Transportation and Parking: Description of circulation for motor vehicles, transit, bicycles, and pedestrians. New streets, paths and connections to existing roadways shall be included. Parking management strategies and TOD parking ratios shall be identified, based on the prior Parking Demand Analysis. • Station Access and Connectivity Plan: Shall address access to the station by walking, bicycling, driving, and transit as well as circulation for these modes throughout the area, including across Tasman Drive and the train tracks, with connectivity to the light rail station as the goal. Accessible design for disabled and elderly persons shall be a component of this section, including accessible paths of travel to the station from transit-oriented development within one half mile. e Design and Streetscape S tandards: Shall include policies and standards to promote pedestrian friendly design to increase pedestrian comfort and safety in walking throughout the neighborhood, with special emphasis on walking to the station.
Agreement with Perkins+ Will Inc./Scope of Services/Exhibit A Rev. 02/01/15; Typed 02/08/16
• Public Realm Improvements: Standards to enhance overall livability of the area shall also be included. These include parking structures, transit stop improvements, security, lighting, signage, etc.
• Public Services: Shall include information about services and infrastructure needed to implement the plan. Shall include specific policies regarding utilities, public safety, parks, schools, libraries, and cultural facilities.
• Open Space Plan: Shall address the provision for adequate public and private open space as an integral part of the conceptual land-use alternatives • Implementation Plan: Shall identify actions and strategies for plan implementation, along with completion date estimates or triggers for phasing. The Plan shall also include infrastructure improvements needed for plan implementation, including parkland and roadways, and specific financing strategies to enable these improvements. The implementation plan shall also include an evaluation of projected costs and revenues associated with the development of the Tasman East Focus Area, and its potential effects on the City's budget.
The consultant shall conduct Community Meetings following preparation and release of the Draft TEFA Plan to receive public comment and input.
Deliverable 6a:
Deliverable 6b:
Draft Tasman East Area Plan
Community Outreach Meeting Summary
TASK 7: PREPARATION OF PROGRAM/PROJECT EIR
The consultant shall prepare a Project-level Environmental Impact Report (EIR) which shall thoroughly and adequately assess the impacts of the draft plan and comply with the provisions of the CEQA and the applicable regulations thereunder. The successful consultant shall also prepare responses to comments received during the public review period, a mitigation monitoring and reporting program, and statement of overriding considerations, as necessary.
The EIR shall address the following areas:
• Land Use Consistency and Compatibility: The EIR shall describe existing land use and development patterns and evaluate the proposed project's consistency with adopted city plans and policies.
• Population, Housing and Employment: The EIR shall analyze projected population, housing and employment impacts of the draft Area Plan. • Transportation and Circulation: A traffic study shall be completed to determine the project's impacts to the existing and proposed roadway system, existing and proposed bikeway network, transit systems (bus and commuter rail) and pedestrians.
Corridor levels of service shall be determined for regional/arterial streets. • Air Quality: The EIR shall address the project's impact on air pollutants and their precursors as well as localized carbon monoxide impacts utilizing the appropriate air quality modeling tools. The analysis shall address both operational (long term) and construction level (short term) impacts on local and regional air quality as well an analysis of impacts on sensitive receptors.
• Noise: The EIR shall address the potential impacts on ambient noise levels from any construction related noise as well as potential impacts on ambient noise from (and to) the proposed project (buildout of proposed land uses). • Biological Resources : The EIR shall analyze the project's short term (construction) impacts as well as long term impacts on biological resources, including special status species.
Agreemen t with Perkins+ Will Inc./Scope of Services/Exhibit A Rev. 02/01/ 15; Typed 02/08/16
• Water/Wastewater: The EIR shall analyze and address the project's construction and operational impacts to the water and wastewater systems, water supply and wastewater capacity to serve buildout of the General Plan. A Water Supply Assessment shall be completed for the project and shall be available to the EIR consultant.
• Hydrology/Flooding: The EIR shall analyze the stormwater system, potential flooding impacts and water quality.
• Public Services: The EIR shall evaluate the potential impacts to public services such as schools, parks, solid waste disposal, police, fire, and utilities. • Cultural and Historic Resources: The EIR shall evaluate potential impacts to cultural and historic resources.
• Visual Quality: Scenic, natural, cultural and historic assets will be evaluated and potential impacts of the project identified.
• Geology and Seismicity: The EIR shall examine geologic and seismic conditions, addressing ground shaking and liquefaction potential from earthquakes. • Hazardous Materials/Toxics: The EIR shall evaluate sites in the plan area which are potentially contaminated.
• Energy/Climate Change: Changes in energy consumption anticipated through implementation of the draft Plan shall be analyzed. Greenhouse gas emissions anticipated with the project shall be included. The EIR shall analyze how development anticipated by the plan shall be affected by climate change and how implementation of the plan shall affect climate change. While analysis of this topic is evolving, this EIR shall include the most current thinking and practice regarding impacts of greenhouse gas emissions, including a discussion of the Plan's consistency with the adopted Climate Action Plan.
• Alternatives Analysis and Assessment of Cumulative impacts: The EIR shall include an alternatives analysis that includes, at a minimum, a No Project alternative, an Reduced Density Alternative, and a location alternative using a Phase Ill focus area for comparison. The EIR shall also include an analysis of cumulative impacts from other anticipated developments in combination with the implementation of the Tasman East Focus Area Plan.
Deliverable 7: Draft Environmental Impact Report (including all necessary paper copies, 15 copies on CD for distribution to the State Clearinghouse by the consultant, and a PDF copy for posting on the City's website).
TASK 8: EIR CERTIFICATION AND ADOPTION OF TASMAN EAST FOCUS AREA PLAN The consultant shall present the Draft TEFA Plan and EIR at public hearings before the Planning Commission and City Council. The City and consultant shall make any final revisions to TEFA Plan and EIR based on changes adopted by either the Planning Commission or City Council. Staff anticipates four (4) public hearings and four (4) study sessions.
Deliverable Sa: Final Environmental Impact Report with Mitigation, Monitoring and Reporting Program, including all necessary paper and PDF copies
Deliverable Sb: Adopted TEFA Plan, including General Plan, Zoning, and Design Guidelines amendments required to implement the plan
Agreement with Perkins+ Will Inc./Scope of Services/Exhibit A Rev. 02/01/ 15; Typed 02/08/16
ENHANCEMENTS:
MARKET ASSESSMENT
Future transformation in the Tasman East Focus Area will rely on a combination of public and private actions and activity. However, the public sector actions will be relatively small in scale since most of the transformative activity will be undertaken by private sector property owners and stakeholders. Therefore it is essential to understand the development/real estate invest ment process and housing market conditions in Santa Clara in order to clarify the types of housing densities, housing product types, and supportive services which will drive transformative development, to gauge barriers to redeveloping existing light industrial properties, and to determine strategies for overcoming those barriers.
To this end, Strategic Economics will prepare a market and development feasibility analysis focusing on local residential market conditions to assess demand and development feasibility for higher-density products, ranging from townhouses to five- to six-story mixed-use buildings with local retail and services. Strategic Economics will also specifically examine whether market conditions merit an increase in maximum allowable densities from 50 dwelling units per acre to 100 dwelling units per acre.
The market and development feasibility analysis will address such issues as: optimal location factors or characteristics for housing, general sources of demand, likely construction costs for different product types (as a range), rents or sales prices required to make buildings financially feasible, etc. In addition, Strategic Economics will assess whether the Study Area offers high, medium, or low opportunities for future development of higher-density product types, given market/trade area and local conditions. Finally, Strategic Economics will identify key barriers to redeveloping existing light industrial properties, and will recommend implementation strategies to overcome these barriers based on these market conditions.
TRANSPORTATION DEMAND MANAGEMENT
The Tasman East Focus area plan RFP anticipates an increase in the overall density to up to 100 dwelling units per acre; however, some of the major challenges with increased intensities of uses include overloading the current transportation network that is already operating at, or above capacity. In order to address these concerns, Nelson\Nygaard will work with City staff and Project Team members to focus on implementing feasible Transportation Demand Management (TOM) and parking management strategies to reduce the dependency on auto use and ownership , and to maximize the use of alternatives modes of transportation . Such actions will further support goals and objectives in the City's General Plan and these TOM and parking measures will aim to reduce vehicle miles traveled (VMT), reduce greenhouse gas emissions, and encourage future residents, employees , and visitors to walk, bike, carpool, or use public transit or shuttle systems.
SUSTAINA BILITY
Perkins + Will's sustainability team will push the envelope in sustainable design and challenge the team to exceed green and energy efficient buildings and site design. An outline scope of work for developing a world-class sustainability strategy is described below.
Determine Performance Standards
• Work from initial Masterplan with potential uses and areas - start process to determine the electrical, heating, water and # of people oriented issues for the site; o Establish the energy code baseline for the development time frame; • Agree and establish code minimum
Agreement with Perkins + Will Inc./Scope of Services/Exhibit A Rev. 02/01/15; Typed 02/08/16
• Review further updates of energy code improvements projected to be implemented through the life of the development project
Projected Utility Demand
• Assess the projected heating, cooling, electrical and water use based on the following considerations:
• The current and evolution of energy codes giving a minimum baseline; • Proposed improvements on code performance for consideration; • Development of utility load profiles with agreed performance criteria; • Identify the utility use, cost and GHG emissions related; • Consider performance goals for potential district energy system.
Alternative energy review
• Review all sources that may be available locally and which could be well-suited to the site and compatible with a potential district energy system; • Consider district cooling as beneficial to overall development model and central plant operational carbon efficiencies;
• Work with City staff to identify local partners who could develop smart grid concepts; • Open discussion to global-leading technology companies within the area for potential pilot project collaboration and smart-tech integration; Water systems
• Develop overall water efficiency footprint for the development to meet the agreed performance goals.
• Include strategies for treatment and reuse of stormwater; • Develop concept for centralized non-potable water mains (purple pipe) systems - to reduce potable water consumption
Waste resources
• Investigate potential for mining energy resource from existing waste streams, at landfill, wastewater treatment, biomass, biogas, etc.
• Draw on experience with anaerobic digesters to determine potential for green energy supply as part of closing loop as alternative energy supply. • Develop potential for composting on-site of organic material, and how this can be used as a means of remediating the site and encouraging agriculture.
Agreement with Perkins+ Will Inc./Scope of Services/Exhibit A Rev. 02/01/15; Typed 02/08/16
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
PERKINS + WILL INC.
EXHIBITB
FEE SCHEDULE
r:· :,~~~~::~:::., -~ ;:::~ ,_~;·,-~,~-~~:. / ;, -. • ;·.· : .. ::c;:Ji~};);;/::/):J<~ -<:~-:\. ?:\/:;:r}>~W?if ?J. 7ASK P~rkins Perkins Fehr& Nelson\ BKF Strat@i:it David J. iOTAL +Will +Will Peers Nygaard E<:onomits Powers & PER
Associates TASK
+ ?1
"' g ,.
~ 19 OP " ~ ,. t:
:0 2!. ii g .,
+
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g a "' ~
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t. Proj:,;ct 2,701) 900 2,780 l, !:.80 2.160 2,l}O{J 12,120 lniUatlon + Site
Tou,
2. Ed~tlng 20,C{JO d,000 2,DC-0 l .. 920 4,£50 l4 ,WO 4,110 50,180 Conc;!ltl~tlS +
Market Analysis
3. c~nvnunlty 4~.000 3,0C,() 4,000 'i,000 6,000 61,000
Outreach
4. Pali!Jng 2,000 25,100 45,740 72,840
I Traffic
Circulation I
Transit
5. Alternatl·ies l2!.i.GO'J 11.0001 jf .. -54[; 2,980 t,420 4,820 l'i,8,765
6. Preretted Plan 60,0CO ~.oev
I
GS,000
7. fnfrasllucturn 2,()00 20.000 22,000
8. to.OCO <l,'JOO l0,960 2'1,960
lmplernentatlon
Strategy+
Ffoanclng
9. f'ocus Area 20, C{)O 2,CCv 2,7/() 2,5,ll) !:i.Y20 9,8C{J ,H,030 l'lan
10. $,CCO 77,220 3 ,690 149,620 235,530
Er,viro.nmenLill
EIR
11. Adoption+ 2,C•UU 11,400 13,400
Cerliricatlon
..
'l'OTAL PER 293,700 35,000 t!9,535 60.960 37,260 45,840 167,130 COHS.\JLTANT
In no event shall the amount billed to City by Contractor for services under this Agreement exceed seven hundred fifty nine thousand four hundred twenty five dollars ($759,425), subject to budget appropriations.
Agreement with Perkins+ Will Inc./Fee Schedule/Exhibit B Rev. 02/01/15; Typed 02/08/16
Page I of I
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
PERKINS + WILL INC.
EXHIBITC
INSURANCE REQUIREMENTS
INSURANCE COVERAGE REQIDREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. C01runercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact strncture and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow fonn.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf' basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and
c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits ofliability.
Agreement with Perkins+ Will Inc./Insurance Requirements/Exhibit C Rev. 02/01/15; Typed 02/08/16
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned, non-owned and hired autos.
In the event that the Work being perfo1med under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of two million dollars ($2,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.
C. WORKERS' COMPENSATION
1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, and volunteers .
D. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be pa1t of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, and volunteers are hereby added as additional insureds in respect to liability aiising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsements CG 20 10 and CG 20 37, or its equivalent.
2. Primary and non-contributing . The General Liability, Auto Liability and Umbrella/Excess Liability insurance policies provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and the General Liability and Umbrella/Excess Liability shall not Agreement with Perkins + Will Inc./Insurance Requirements/Exhibit C Rev. 02/01/ 15; Typed 02/08/16
require contribution from, any other insurance which the Indemnities may possess, including any self-insurance or self-insured retention they may have. Any other General Liability and Umbrella/Excess Liability insurance Indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.
3. Cancellation.
Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of cancellation.
4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through D of this Exhibit C, above.
E. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement.
Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used by any pmiy involved in any way with the project reserves the 1ight to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payme Page 3 of 4 other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Contractor in the event of mate1ial noncompliance with the insurance requirements set forth in this Agreement.
F. EVIDENCE OF COVERAGE
Prior to c01mnencement of any Services under this Agreement, Contractor, and each and every subcontractor ( of every tier) shall, at its sole cost and expense, provide and Agreement with Perkins+ Will Inc./Insurance Requirements/Exhibit C Rev. 02/01/15; Typed 02/08/16
maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, reasonably satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.
G. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting oflnsurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance ( or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIX Inc.
City of Santa Clara [Planning Division]
P.O. 12010-S2 or
Hemet, CA 92546-8010
151 North Lyon Avenue
Hemet, CA 92543
Telephone number:
Fax number:
Email address:
H. QUALIFYING INSURERS
951-766-2280
770-325-0409
[email protected]
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Agreement with Perkins + Will Inc./Insurance Requirements/Exhibit C Rev. 02/01/15; Typed 02/08/16
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
PERKINS+ WILL INC.
EXHIBITD
ETHICAL STANDARDS FOR CONTRACTORS SEEKING TO ENTER INTO AN
AGREEMENT WITH THE CITY OF SANTA CLARA, CALIFORNIA
Termination of Agreement for Certain Acts.
A. The City may, at its sole discretion, terminate this Agreement in the event any one or more of the following occurs:
1. If a Contractor1 does any of the following:
a. Is convicted2 of operating a business in violation of any Federal, State or local law or regulation;
b. Is convicted of a crime punishable as a felony involving dishonesty3; c. Is convicted of an offense involving dishonesty or is convicted of fraud or a criminal offense in connection with: (1) obtaining; (2) attempting to obtain; or, (3) perfonning a public contract or subcontract; d. Is convicted of any offense which indicates a lack of business integiity or business honesty which seriously and directly affects the present responsibility of a City contractor or subcontractor; and/or, e. Made (or makes) any false statement(s) or representation(s) with respect to this Agreement.
For purposes of this Agreement, the word "Consultant" (whether a person or a legal entily) also refers to "Contractor" and means any of the following: an owner or co-owner of a sole proprietorship; a person who controls or who has the power to control a business entity; a general partner of a partnership; a principal in a joint venture; or a primary corporate stockholder [i.e., a person who owns more than ten percent (10%) of the outstanding stock of a corporation] and who is active in the day to day operations of that corporation. 2 For purposes of this Agreement, the words "convicted" or "conviction" mean a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere within the past five (5) years.
As used herein, "dishonesty" includes, but is not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, failure to pay tax obligations, receiving stolen property, collusion or conspiracy.
Agreement with Perkins+ Will Inc./Ethical Standards for Contractors/Exhibit D Rev. 02/01/15; Typed 02/08/16
2. If fraudulent, criminal or other seriously improper conduct of any officer, director, shareholder, partner, employee or other individual associated with the Contractor can be imputed to the Contractor when the conduct occurred in connection with the individual's performance of duties for or on behalf of the Contractor, with the Contractor's knowledge, approval or acquiescence, the Contractor's acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval or acquiescence.
B. The City may also terminate this Agreement in the event any one or more of the following occurs:
1. The City determines that Contractor no longer has the financial capability4 or business experience5 to perform the terms of, or operate under, this Agreement; or,
2. If City determines that the Contractor fails to submit information, or submits false information, which is required to perform or be awarded a contract with City, including, but not limited to, Contractor's failure to maintain a required State issued license, failure to obtain a City business license (if applicable) or failure to provide and maintain bonds and/or insurance policies required under this Agreement.
C. In the event a prospective Contractor (or bidder) is ruled ineligible (debarred) to participate in a contract award process or a contract is terminated pursuant to these provisions, Contractor may appeal the City's action to the City Council by filing a written request with the City Clerk within ten (10) days of the notice given by City to have the matter heard. The matter will be heard within thirty (30) days of the filing of the appeal request with the City Clerk. The Contractor will have the burden of proof on the appeal.
The Contractor shall have the opportunity to present evidence, both oral and documentary, and argument.
4 Contractor becomes insolvent, transfers assets in fraud of creditors, makes an assignment for the benefit of creditors, files a petition under any section or chapter of the federal Bankruptcy Code (11 U.S.C.), as amended, or under any similar law or statute of the United States or any state thereof, is adjudged bankrupt or insolvent in proceedings under such laws, or a receiver or trustee is appointed for all or substantially all of the assets of Contractor.
5 Loss of personnel deemed essential by the City for the successful performance of the obligations of the Contractor to the City.
Agreement with Perkins+ Will Inc./Ethical Standards for Contractors/Exhibit D Rev. 02/01/15; Typed 02/08/16
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
PERKINS + WILL INC.
EXHIBITE
AFFIDAVIT OF COMPLIANCE WITH ETHICAL STANDARDS
I hereby state that I have read and understand the language, entitled "Ethical Standards" set forth in Exhibit D. I have the authority to make these representations on my own behalf or on behalf of the legal entity identified herein. I have examined appropriate business records, and I have made appropriate inquiry of those individuals potentially included within the definition of "Contractor" contained in Ethical Standards at footnote 1.
Based on my review of the approp1iate documents and my good-faith review of the necessary inquiry responses, I hereby state that neither the business entity nor any individual(s) belonging to said "Contractor" category [i.e., owner or co-owner of a sole proprietorship, general partner, person who controls or has power to control a business entity, etc.] has been convicted of any one or more of the crimes identified in the Ethical Standards within the past five (5) years.
The above assertions are true and correct and are made under penalty of perjury under the laws of the State of California.
PERKINS + WILL INC.
an Illinois corporation
- ~
1ature of Authorized Person or Representative
Name: Geeti Silwal
Title: P1incipal-in-Charge
NOTARY 'S ACKNOWLEDGMENT TO BE ATTACHED
Please execute the affidavit and attach a notary public's acknowledgment of execution of the affidavit by the signatory. If the affidavit is on behalf of a corporation, paiinership, or other legal entity, the entity's complete legal name and the title of the person signing on behalf of the legal entity shall appear above. W1itten evidence of the auth01ity of the person executing this affidavit on behalf of a corporation, paiinership, joint venture, or any other legal entity, other than a sole prop1ietorship, shall be attached.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy , or
validity of that document.
State of California
County of San Francisco
on March 28, 2016 before me, Richard J. Nemeth, Notary Public (insert name and title of the officer)
personally appeared _G_e_e_t_i _S_ilw_a_l _____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ) ·• 0 • • ♦ :ic~A;D ;_ ~;ET~ • ~ .., COMM. #2055230
WITNESS my hand and official seal. 8 NOTARY PUBLIC-CALIFORNIA g IL SAN FRANCISCO COUNlY -
'
My Comm. Expires Feb. 12, 2018 f vow••••••••••'
(Seal)
PROPOSED SCHEDULE 2016----------------------------------- 2011 --------------------------- APRIL
1. PROJECT INITIATION · · ·•••••••••••••••••••••••••• -
2. EXISTING CONDITIONS+ MARKET ANALYSIS••··•••--
City Review + Comment ........... .. ...•...•••••.•••••••• - 3 . COMMUNITY OUTREACH
Develop strategy•· ·································
Outreach • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 4 . PARKING/ TRAFFIC/ TRANSIT ANALYSIS •.••••••••••••
MAY
City Review + Comment ............................................... • 5 . ALTERNATIVES DEVELOPMENT •·· •• ••• •• • • ••• • ••• •• ••• •• •• ··• •· ·•
JUNE JULY
City Review+ Comment •·········· ......................................................... - 6 . PREFERRED ALTERNATIVE·· .. ·••••·•······ ........ .. ................................... ...... . .... ..... .
AUG SEPT
City Review + Comment • • • ...... • • • • • .. • • • • • .. • • • .... • • • • • • • • • • • • • • • .. • • • • • • • • .. • • • • • .... • .. • .. • .. • .. • • • .... • .... -
7. INFRASTRUCTURE+ FINANCING ............................................................... . .................. . ... _ City Review + Comment •·································································· ·· · · ························· - 8 . IMPLEMENTATION+ FINANCING PLAN .... ........................... ....................... . ....... ...... ....................... ..
OCT NOV
City Review + Comment .... . .. ... .......... ... ............................... .......... ........... ..................................... .... . _ 9 . FOCUS AREA PLAN • • • • .. • • • • • .. • • • .. • .. • • • • • • • • • • • • • • • • • • • • • • • • .... • • • • • .. .. • .. • ........ • • • • • • .. • • • .. • • • • • • .. • .... • • • ........ • • • .. • • City Review+ Comment ..................................................................................... .. .............. ................ _
10. EIR
N.O.P + Scoping .... • • ·• • • • .... • • • ... • ... • • •• •• ·•· •• .. •·· .... •• • • •••• • •• .... • • • .. • • .... • • • .. ~--------• 1st, 2nd Admin Drafts ••••••••••••• ....................................................... . .......................... :::::::::: ::::~:::::- City Review+ Comment • •· • • • .. • .. • • • • .... • •· •· •···· •· • • • •· .. •· • • •· • .. • • • • .. • • • • • • • .... • •· •· • • • • •· • •• • .... •· •• • ........ • • • • .... • •• • ... • ••• • ... •• ···- DEC
Draft EIR .....................................•.......................•...........•... .... ........•.. . . ....... •..................... ... .. ........... .•..... ___ _, Public Comments •• •• •• •• •• • •• • • • • • •• • •· •· • • •· • • •• •• • •• • • • •••• • • •· • •· •· • •· •• ••• • • •• • •• •••• • •• • •• ••• • •• •• ••• •• •• ••• • •• • • • •• • •• • • • ••• •• • • • •• ••• • • • •• • •• • •• •• •• ••• •• • •• •· •• •
JAN FEB
Final EIR ................................................................ ............................................. .......................................... ...... ..... .. ................. .
MAR APRIL MAY
City Review + Comments ............................................... .. ...................................................... . ............... .. .. .......... ... ............. .. ..... ... ........... ...... .... ... .... ... ........ _ Issue EIR ........ •················ ...................... .. .............. .... .... ....................... ... ......... ..... .. ....... ....... .......... ... .. ... ....... ........... .. .......................... ..................... .......... .
JUNE
--
11. CERTIFICATION+ ADOPTION ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Ait~·.~~~;;.;;········;,;~;;;;.;ci;;1~~································································································································- vision Workshop Workshop Workshop
12 • MEE~~N:!unityWorkshops ................. .... .. .. * ·································* ................ * Fi~:;i;: n Review Alternati ves
City Council / Planning Commission•········· ································· * ·······································•·········· ............................. ................... .. .. .. ............... .... .. .... .... .................. * Technical Advisory Council ······················ * ··········· ........ * .................. .. ..... * Team Progress Meetings
In Person •························· • ······················ ■ ················· · ·· ··· ■······························································································································■ Online •··············································· • ······· ................ . ....................... . ...... ...... . ......... . ......... . .......... . .... .. .. ... .......... . ... ... ... . ......... ..... .. ...... .
JULY
City of Santa Clara - Tasman East Focus Area Plan
Ebix Insurance No. S200003424
AMENDMENT NO. 1
TO THE AGREEMENT BETWEEN
THE CITY OF SANTA CLARA, CALIFORNIA
AND
PERKINS+ WILL, INC.
PREAMBLE
This agreement ("Amendment No. l ") is by and between Perkins + Will, Inc., a Delaware corporation, with its principal place of business located at 2 Bryant Street, Suite 300, San Francisco, CA 94105 ("Contractor" or "Consultant"), and the City of Santa Clara, California, a chartered California municipal corporation with its primary business address at 1500 Warburton A venue, Santa Clara, California 95050 ("City"). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" to this Amendment No. 1.
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Professional Services by and between the City of Santa Clara, California, and Perkins + Will, Inc.," dated April 28, 2016 (the "Original Agreement"); and
B. The Parties entered into the Original Agreement for the purpose of having Contractor provide professional services for the creation of a Tasman East Specific Plan and supporting Environmental Impact Report, and the Parties now wish to amend the Original Agreement to expand upon the original Scope of Services.
The Parties agree as follows:
AGREEMENT PROVISIONS
1. AMENDMENT PROVISIONS
That Exhibit A, "Scope of Services," is appended to include additional services from Perkins + Will, Inc., Fehr & Peers, and BKF as described in the attached document entitled "Tasman East Focus Area Plan Additional Services" dated September 12, 2017 and "Additional Services for the Tasman East Specific Plan in Santa Clara" dated June 30, 2017.
2. AMENDMENT PROVISIONS
That Exhibit B, "Fee Schedule," is appended to include additional cost details from Perkins + Will, Inc., Fehr & Peers, and BKF as described in the attached "Additional Services Fee Schedule." The original Fee Schedule is hereby amended by increasing the total payment by one hundred ninety-four thousand eight hundred seventy dollars ($194,870), for a new total not to exceed amount of nine hundred fifty-four thousand two hundred ninety five dollars ($954,295).
Amendment No. 1 to Agreement/Perkins + Will, Inc.
Rev. 02/01/15
3. AMENDMENT PROVISIONS
That paragraph five (5) of the Original Agreement, entitled "Term of Agreement," is hereby amended to reflect a revised termination date of September 30, 2018.
4. TERMS
All other terms of the Original Agreement which are not in conflict with the provisions of this Amendment No. 1 shall remain unchanged in full force and effect. In case of a conflict in the terms of the Original Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.
5. COUNTERPART/FACSIMILE SIGNATURE
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument; and, the Parties agree that signatures on this Agreement, including those transmitted by facsimile, shall be sufficient to bind the Parties.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives. The Effective Date is the date that the final signatory executes the Agreement. It is the intent of the Parties that this Amendment No. 1 shall become operative on the Effective Date.
SIGNATURES FOLLOW ON PAGE 3
Amendment No. 1 to Agreement/Perkins+ Will, Inc.
Rev. 02/01/15
APPROVED AS TO FORM:
ATTEST:~
ROD DI{)N,R.
City Clerk
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
City Manager
1500 Warburton A venue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
"CITY"
PERKINS + WILL, INC.
a Delaware corporation
Dated: ()Cro~ 12., 2..0 Fr
By: _ Lu-------=-,/;fr~-~ -- ~----
(~ of Person executing the Agreement on behalf of
Contractor)
Name: Geeti Silwal
Title: Principal-in-Charge
Local Address: 2 Bryant Street, Suite 300
San Francisco, CA 94105
Email Address: [email protected]
Telephone: ( 415) 856-3000
Fax: ( 415) 856-3001
"CONTRACTOR"
l:\PLANNING\Admin\Contracts\Perkins + Will\Amendment No !\Amendment No. 1 - Form.doc Amendment No. 1 to Agreement/Perkins+ Will, Inc.
Rev. 02/01/15
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
PERKINS + WILL, INC.
ADDENDUM TO EXHIBIT A
ADDITIONAL SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are more fully described in the Contractor's proposal entitled, "Tasman East Focus Area Plan Additional Services" dated September 12, 2017 and "Additional Services for the Tasman East Specific Plan in Santa Clara" dated June 30, 2017, which are attached to this Exhibit A.
Agreement with RTKL Associates Inc.I Additional Scope of Services/Addendum to Exhibit A Rev. 02/01 /15; Typed 08/17 /15
September 12, 2017
Tasman East Focus Area Pian
ADDITIONAL SERVICES
Task 1 - P+W reset
Perkins+Will
Review, brainstorm, develop revised strategy and report outline; plan revised report content; and solicit input from client where necessary. The key changes requiring a rework of the Focus Area Plan and the Specific Plan document are -
• Narrower streets and revised lane configurations
• Calle del Sol extension northward to boundary of City Place • Optional roundabout at Calle Del Sol/Calle de Luna
• Optional 2 lanes/4 lanes on Lick Mill extension
• Allow for possible 600 person 'urban' school
• Minimum 10 acres public open space
These changes will have significant impact on the developed concept and will need careful re-evaluation and reworking for a revised plan. As a part of the analysis for the Calle del Sol extension, BKF will be preparing a street alignment study, as detailed in the attached memorandum dated August 2, 2017.
Task 2 - Client workshop in SF to review revised strategy, report outline and content and to agree and confirm all changes. P+W will prepare presentation, host and record this meeting. All the changes noted under Task 1 will need to be discussed and debated with the City staff for clear direction before incorporating as policy, standards and guideline recommendation in the Specific Plan. In addition Fehr and Peers will be modifying and expanding the scope of the Parking Demand and Traffic Analysis, as detailed in the attached letter from Matt Haynes to Dennis Dornan dated June 30, 2017.
Task 3 - P+W prepare revised first draft report
Documentation of agreed upon policy, standards and guideline recommendation will be incorporated in the Specific Plan with the necessary additional graphic illustration for a complete revised first draft report.
Task 4 - Client review period and comments
Client feedback will be shared as one consolidated set of comments. No Perkins+Wi/1 additional effort is expected against this task.
Task 5 - Community Meeting #4
Preparation of draft presentation, final presentation and necessary display material for a final community input session that will be attended and facilitated by P+W. A memo summarizing the feedback will be documented.
Task 6 - P+W to prepare final draft report in response to client comments and community feedback Effort required to clarify and reconcile all comments and community feedback received on the first draft with necessary text and graphic update will constitute a complete final draft.
Task 7 - P+W participate as required in EIR analysis and preparation.
No Perkins+Wi/1 additional effort is expected against this task.
Agreement with RTKL Associates Inc./ Additional Scope of Services/ Addendum to Exhibit A Rev. 02/01/15; Typed 08/17/15
Perkins+Will
Task 8 - P+W attend Planning Commission and City Council Hearings to adopt Specific Plan Report and EIR (eight anticipated).
No Perkins+Will additional effort is expected against this task (included in base contract).
Agreement with RTKL Associates Inc.I Additional Scope of Services/Addendum to Exhibit A Rev. 02/01/15; Typed 08/17/15
June 30, 2017
Dennis Dornan
Perkins + Will
2 Bryant Street, Suite 300
San Francisco, CA 94105
FEHR ,f PEERS
Subject: Additional Services for the Tasman East Specific Plan in Santa Clara Dear Mr. Dornan:
This letter requests a contract amendment to conduct additional services for the Tasman East Specific Plan not covered under our current scope of work.
Since we have initiated our work on the project, several additional tasks have been requested by the City that were not included in our original transportation analysis scope. These tasks include performing a sensitivity analysis of street extensions within the Specific Plan area connecting to the proposed City Place development, as well as additional analysis discussed in the Santa Clara Valley Transportation Authority's (VTA) Transportation Impact Analysis Guidelines.
VT A's latest Transportation Impact Analysis Guidelines state that any project proposing changes to intersection/roadway geometry or signal operations should include an evaluation of transit delay and a quality of service (QOS) analysis for bicyclists and pedestrians. Additionally, VTA and state guidelines support the inclusion of a vehicle miles travelled (VMT) analysis as part of the project.
Finally, the City has requested that we include an analysis of mitigation "triggers" to identify the appropriate implementation timeframe for impacted study intersections.
The purpose of this amendment is to provide an updated scope of work that includes the additional tasks necessary for completion of the Tasman East Specific Plan's Draft EIR. These additional tasks are discussed below.
SCOPE OF WORK
This contract amendment request includes the following additional tasks:
Task 1: Sensitivity Testing of Calle del Sol and Lick Mill Boulevard Extensions Based on our recent discussions with the City and the project team, we will perform a "sensitivity analysis" for intersections along Calle del Mundo at the proposed Lick Mill Boulevard Extension, 160 W. Santa Clara Street I Suite 675 I San Jose, CA 95113 I (408) 278-1700 I Fax (408) 278-1717 Agreement with RTKL Associates Inc./ Additional Scope of Services/ Addendum to Exhibit A Rev. 02/01/15; Typed 08/17/15
Dennis Dornan
June 30, 2017
Calle del Sol extension, and Lafayette Street. The purpose of this analysis will be to determine the potential timing for construction of these street extensions as development proceeds within the Specific Plan area.
In order to perform this analysis, we will evaluate the following 5 intersections:
• Calle del Mundo/ Lafayette Street
• Calle del Mundo/ Calle del Sol
• Calle del Mundo/ Lick Mill Boulevard Extension
• Tasman Drive/ Calle del Sol
• Calle de Luna/ Calle del Sol
Each intersection will be evaluated with up to three configurations under background and cumulative traffic conditions. We will evaluate these intersection using the Traffix traffic analysis software program to determine expected peak hour traffic delay with and without street extensions to the City Place area. The roundabout option at Calle del Mundo/ Calle del Sol will be evaluated using the HCH 2010 capacity method.
Based on these results, we will identify the approximate time period where extending the streets would be important for overall circulation to and from the Specific Plan area. The results of this analysis will be included as part of the Transportation Impact Analysis for the Tasman East Specific Plan EIR.
Task 2: Additional Study Intersections and Counts
Our original scope included analysis of up to 25 study intersections. Based on the draft estimated trip generation of the project, and anticipated distribution of trips, we have identified 33 potential study intersections that would meet the general threshold of having at least ten project vehicle trips per lane or that have been requested to be analyzed in EIR Notice of Preparation comment letters.
Of these proposed study intersections, most have existing count data available from the City Place project. However, some of these counts were conducted in 2013 or earlier. Based on consultation with the City, we will conduct new traffic counts at all intersections that do not have counts in 2014 or later. We have therefore included budget to conduct new intersection counts at up to 10 intersections as part of this task.
Agreement with RTKL Associates Inc./ Additional Scope of Services/ Addendum to Exhibit A Rev. 02/01/15; Typed 08/17/15
Dennis Dornan
June 30, 2017
Task 3: Transit Delay Analysis for Buses and Rail Routes The City has requested that we conduct a transit delay analysis for buses and rail routes in the vicinity of the Specific Plan. For the purposes of this task, transit network performance will be analyzed during the AM and PM peak hour based on the average transit vehicle delay associated with congestion at signalized intersections along a specified corridor with and without the Project.
The change in average transit vehicle delay will be determined using the following process:
• Review Traffix analysis software output for intersection delay. The average delay, by movement, at each intersection within a study corridor in the transit vehicle path of travel will be determined.
• The transit vehicle average delay due to congestion at intersections will be determined by summing the movement delay for each signalized intersection along the study transit corridor. The effects of transit signal priority or preemption will not be considered. • Without and With Project average transit vehicle delay associated with congestion at intersections will be compared. Note that the transit vehicle dwell time at transit stops is not included in the analysis.
The City of Santa Clara and the VTA do not have documented standards related to transit corridor performance associated with congestion resulting from new development projects. The agencies also do not have a documented method for determining which transit corridors should be analyzed.
For purposes of this study, the following routes within one mile of the Specific Plan area and that have full day service with a frequency of 30 minutes or less are analyzed:
• Route 902 - Tasman Drive: North First Street to Great America Parkway • Route 57 - Great America Parkway: Mission College Boulevard to Tasman Drive • Route 60 - Great America Parkway: Mission College Boulevard to Tasman Drive Potential mitigation measures will consider improvements such as increased transit service frequencies, improved pedestrian/bicycle access, and other improvements to enhance transit travel and reduce conflicts with general automobile traffic.
A transit capacity analysis is neither required as part of the VT A TIA Guidelines, nor is in the latest Governor's Office of Planning and Research (QPR) guidance. As a result this task will focus primarily on transit delay, rather than transit capacity. However, given the nature of the Specific Plan and its proximity to transit, we propose to qualitatively evaluate the Project's effect on transit capacity at the Great America station, although this may not be identified as a Project impact.
Agreement with RTKL Associates Inc./ Additional Scope of Services/ Addendum to Exhibit A Rev. 02/01/15; Typed 08/17/15
Dennis Dornan
June 30, 2017
Task 4: Bicycle and Pedestrian Quality of Service Analysis Fehr & Peers will evaluate the pedestrian and bicycle QOS using the Charlotte Bicycle and Pedestrian LOS method at intersections outside of the Specific Plan area where changes to existing geometry would occur as part of the Project or be proposed as mitigation measures. We will conduct this analysis at up to 10 intersections.
The intersections will be evaluated under the following scenarios: (1) Existing Conditions; (2) Existing plus Project Conditions; (3) Background Conditions; (4) Background plus Project Conditions; (5) Cumulative Conditions; (6) Cumulative plus Project Conditions.
Task 5: VMT Analysis Based on Project Trip Generation
Our current scope of work does not include an evaluation of project Vehicle Miles Travelled (VMT).
However, VMT has been proposed as a statewide metric for evaluating project transportation impacts in accordance with SB 743 and guidance prepared by the Governor's Office of Planning and Research (OPR). It has also been proposed by Caltrans in Implementing Caltrans Strategic Management Plan 20 7 5-2020 Consistent with SB 743 - Interim Guidance (September 2016), prepared by the Local Development - Intergovernmental Review Program. As a result, we expect the need to conduct a detailed evaluation of project VMT effects as part of the TIA As part of this task, we will summarize the expected VMT generated by the proposed Specific Plan.
We will also determine whether the VMT generated by the Specific Plan would result in a VMT per capita that would exceed 85 percent of the average VMT per capita for the region under the Plan Bay Area sustainable communities strategy and regional transportation plan.
If significant impacts are identified, Fehr & Peers will identify additional mitigations that might be needed to address daily traffic generation and vehicle miles travelled, including TOM strategies oriented toward reducing daily travel volumes, reducing trip length, strengthening active transportation, and maximizing use of low emission modes.
Fehr & Peers will incorporate the analysis results from the above tasks into the Project's Draft Transportation Impact Analysis (TIA) report. We will respond to one round of consolidated comments from City Staff on the analysis and incorporate changes into the Final TIA Agreement with RTKL Associates Inc./ Additional Scope of Services/ Addendum to Exhibit A Rev. 02/01/15; Typed 08/17/15
Dennis Dornan
June 30, 2017
Task 6: Mitigation Triggers Analysis
This analysis will be conducted to determine the amount of Project traffic between Background and Cumulative conditions that will trigger each significant intersection impact. It will be conducted with the following steps:
• The AM and PM peak hour level of service calculations for each of the intersections with Background and Cumulative impacts will be selected and reviewed. We assume we will analyze up to 15 impacted intersections as part of this task. • Increments of Project traffic starting with the background trip generation and ending with the cumulative trip generation will be added to each of the selected intersections. • Levels of service will then be recalculated with each increment to identify the number of Project vehicle trips that would trigger a cumulative impact at each intersection based on the significance criteria.
The results will be summarized in a memorandum and added as an Appendix to the TIA report.
Task 7: Updated Existing Plus Project Scenario
This task will include developing a new scenario evaluating existing plus project conditions. This will include developing new trip generation estimates for the project independent of other development projects in the vicinity, and adding project-generated trips to existing volumes obtained from counts representing peak traffic conditions during the morning and evening commute periods.
This analysis will be conducted for all study intersections and freeway analysis segments identified in Task 2 above. This analysis will be presented for informational purposes and will not be used to identify significant transportation impacts.
Task 8: Updated Trip Generation Results
Our understanding from the project team call on June 19 is that the project description will be updated to include an urban-style school (i.e. with limited playing field space). We will therefore update our current project trip generation analysis to incorporate the expected traffic generated by this school. We will rely on the City to provide the specific enrollment projections and anticipated student enrollment boundary prior to updating the trip generation results. The updated trip generation results will be incorporated into the project's transportation impact analysis.
Agreement with RTKL Associates Inc./ Additional Scope of Services/ Addendum to Exhibit A Rev. 02/01/15; Typed 08/17/15
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
PERKINS + WILL, INC.
ADDENDUM TO EXHIBIT B
FEE SCHEDULE
In no event shall the amount billed to City by Contractor for services under this Agreement exceed nine hundred fifty four thousand two hundred ninety five dollars ($954, 295), subject to budget appropriations.
The additional Fee Schedules for the total amount of $194, 870 are fully illustrated and attached to this Exhibit B.
Agreement with RTKL Associates Inc./Fee Schedule/Exhibit B Rev. 02/01/15; Typed 08/17/15
1 of5
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01 REVISION B
12-Sep-17
P+W Add. Service TASK 1
P+W Add. Service TASK 2
P+W Add. Service TASK 3
P+W Add. Service TASK 4
P+W Add. Service TASK 5
P+W Add. Service TASK 6
P+W TASK7
P+WTASK 8
Fehr+Peers Add. service
BKF Add. service
SUBTOTAL ADDITIONAL SERVICES
ORIGINAL AGREEMENT
REVISED NOT-TO-EXCEED AMOUNT
Revised scope;
Narrower streets and revised lane configurations
Calle del Sol extension northward to boundary of City Place Optional roundabout at Calle Del Sol/Calle de Luna
Optional 2 lanes/4 lanes on Lick Mill extension
Allow for possible 600 person 'urban' school
Minimum 10 acres public open space
P+W reset; review, brainstorm, develop revised strategy and report outline, plan revised report content, solicit input from client where necessary
Client workshop in SF to review revised strategy, report outline and content and to agree and confirm all changes; P+W prepare, host and record
P+W prepare revised first draft report
Client review period and comments
Community meeting #4; P+W prepare presentation/graphic
material, facilitate meeting and record feedback.
P+W prepare final draft report in response to client comments and community feedback
P+W participate as required in EIR analysis and preparation (included in base contract)
P+W attend City Council Hearing to adopt Specific Plan Report and EIR (included in base contract)
Additional transportation analysis (lump sum)
Additional street alignment study (lump sum)
Hrs
16 8
8 0
12 16
0 0
TASMAN EAST BASIC AND ADDITIONAL SERVICES FEE SCHEDULE
Principal Project Manager Senior Urban Designer Landscape architect Jr. UD/Production Subtotal
$ 285 Hrs $ 250 Hrs $ 185 Hrs $ 185 Hrs $ 125
$ 4,560 16 $ 4,000 60 $ 11,100 36 $ 6,660 40 $ 5,000 $31,320 $ 2,280 12 $ 3,000 16 $ 2,960 4 $ 740 16 $ 2,000 $10,980 $ 2,280 8 $ 2,000 40 $ 7,400 20 $ 3,700 60 $ 7,500 $22,880 $ 0 $ 0 $ 0 $ 0 $ $0
$ 3,420 16 $ 4,000 24 $ 4,440 0 $ 40 $ 5,000 $16,860
$ 4,560 16 $ 4,000 60 $ 11,100 12 $ 2,220 60 $ 7,500 $29,380 $ 0 $ 0 $ 0 $ 0 $ $0
$ 0 $ 0 $ 0 $ 0 $ $0
$79,950
$3,500
$194,870
$759,425
$954,295
I~
=•, Bkf
ENGINEERS
SURVEYORS
PLANNERS
1646 N. California
Blvd, Suite 400
Walnut Creek
California 94596
Tel 925.940.2200
Fax 925.940.2299
www .bkf.com
BKF 20155173
2 August 2017
Subject: Tasman East
Civil Engineering- Additional Services Request #1
Project Manager: Christopher Mills
Task 1: Prepare Street Alignment Study
Scope of Work: BKF will evaluate options for raising Calle Del Sol to meet the proposed grades of the City Place project to the south. We will develop a vertical alignment for Calle del Sol and indicate the extents of impacts to the plan (fill slopes, retaining walls, areas where access to existing parcels will be limited).
Total Additional Service Request: $3,500
Areement with RTKL Associates Inc./Fee Schedule/Exhibit B l ~v. 02/01/15; Typed 08/17/15
Tasman East Specific Plan - Additional Transportation Analysis Task
Hourly Rates -->
DRAFT EIR
Additional Tasks
Sensitivity Analysis de! Sol and Lick Mill
Additional Study Intersections
Transit Delay Analysis
Ped/Bike QOS Analysis
VMT Analysis
Mitigation Triggers Analysis
Updated Existing plus Project Scenario
Updated Trip Generation Estimates
Total
Agreement with RTKL Associates lnc./Fee Schedule/Exhibit B Rev. 02/01/15; Typed 08/17/15
Principal Associate
$ 275 $ 215
8 12
4 8
4 0
4 5
2 6
4 12
6 12
2 2
34 57
Total Engineer Gr . "dmin Hours
$ 125 $ 120 $ 115
75 2 6 103 $
40 8 8 68 $
40 2 4 50 $
55 4 4 72 $
32 0 4 44 $
44 0 4 64 $
56 4 6 84 $
8 0 2 14 $
350 20 38 499 $
715/2017
Other Total Labor Direct
Costs Costs
15,085 $ 600 $ 15,685
9,700 $ 5,000 $ 14,700
6,800 $ 300 $ 7,100
9,990 $ 475 $ 10,465
6,300 $ 300 $ 6,600
9,640 $ 450 $ 10,090
12,400 $ 600 $ 13,000
2,210 $ 100 $ 2,310
72,125 $ 7,825 $ 79,950
Dennis Dornan
June 30, 2017
FEE AND SCHEDULE
The additional budget to complete these tasks is $79,950. This includes all staff time, as well as direct expenses.
This agreement will be governed by the terms of our Subcontract dated April 2016. This work will be completed within six weeks of our receipt of a fully-executed contract amendment.
S_hould you have any questions, please feel free to call me at (408) 645-7018. Otherwise, please provide a contract amendment at your earliest convenience. We appreciate the opportunity to continue working with you on this project.
Sincerely,
FEHR & PEERS
Matt Haynes
Principal
Agreement with RTKL Associates Inc./Fee Schedule/Exhibit B Rev: 02/01/15; Typed 08/17/15
Ebix Insurance No. S00003424
AMENDMENT NO. 2
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
PERKINS + WILL, INC.
PREAMBLE
This agreement ("Amendment No. 2") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Perkins+ Will, Inc., a Delaware corporation, (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Professional Services by and between the City of Santa Clara, California, and Perkins+ Will, Inc.", dated April 28, 2016 (the "Original Agreement"); B. The Original Agreement was previously amended by Amendment No. 1, dated October 27, 2017, and is again amended by this Amendment No. 2. The Original Agreement and all previous amendments are collectively referred to herein as the "Original Agreement as Amended"; and
C. The Parties entered into the Original Agreement for the purpose of having Contractor provide professional services for the creation of a Tasman East Specific Plan and supporting Environmental Impact Report, and the Parties now wish to amend the Original Agreement to expand upon the original Scope of Services.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AMENDMENT TERMS AND CONDITIONS
That Exhibit A, "Scope of Services," is appended to include additional services from Perkins+ Will, Inc., David J. Powers and Associates, and Fehr & Peers as described in the attached document entitled "Tasman East Focus Area Plan Additional Services" dated November 5, 2018.
That Exhibit B, "Fee Schedule," is appended to include additional cost details from Perkins+ Will, Inc., David J. Powers and Associates, and Fehr & Peers as described in the attached 'Tasman East Basic and Additional Services Fee Schedule." The original Fee Schedule is hereby amended by increasing the total payment by one hundred eighty six thousand five hundred eighty seven dollars ($186,587), for a new total not to exceed amount of one million one hundred forty thousand eight hundred eighty two dollars ($1,140,882).
Amendment No. 2 to Agreement/Perkins + Will, Inc.
Rev. 08/28/2018
2. TERMS
All other terms of the Original Agreement which are not in conflict with the provisions of this Amendment No. 2 shall remain unchanged in full force and effect. In case of a conflict in the terms of the Original Agreement and this Amendment No. 2, the provisions of this Amendment No. 2 shall control.
3. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the following signatures of their duly authorized representatives. ¥ City Attorney
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
"CITY"
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: ( 408) 241-6771
PERKINS + WILL, INC.
a Delaware corporation
Dated: 02..· 04-· U>14
By (Signature): - AALiti;---+--~.~~- · ~ ------;.--------- Name: -~---.,,~et_i _S~il~w-a-1 - ~ - - ---------
------------------
Ti tie: Principal-in-Charge
Principal Place of 2 Bryant Street, Suite 300
Business Address: San Francisco, CA 94105
Email Address: [email protected]
Telephone: (415) 856-3000
Fax: (415)856-3001
"CONTRACTOR"
l:IPLANNING\Admin\Contracts\Perkins + Will\Tasman East\Amendmnet No 2\Amendment No. 2 - Perkins and Will.doc Amendment No. 2 to Agreement/Perkins + Will, Inc.
Rev. 08/28/2018
TASMAN EAST FOCUS AREA PLAN ADDITIONAL SERVICES
November 5, 2018
Perkins + Will
TASK 9: Ongoing professional services during extended Traffic Assessment Analysis Task.
TASK 10: Prepare for, attend and issue summary report for second developer meeting early May 2018 and incorporate any agreed revisions to the draft Specific Plan report.
TASK 11: Prepare for and attend second City Council study session June 26 2018.
TASK 12: Respond to multiple rounds of partial stakeholder and City staff comments on second draft report and reissue draft report for review and discussion at various City staff/stakeholder meetings May and June 2018.
TASK 13: Prepare for and attend third City Council study session early September 2018.
TASK 14: Allow for final round of comments from Developers/Stakeholders to ensure compatibility of Design Intent and Guidelines with known developer proposals. Finalize report upon completion of all negotiations and agreed revisions with developers.
TASK 15: Prepare two street level renderings indicating scale, character and location of potential development, including streetscape improvements and any public open space which may appear in the selected viewpoints. P+W to work with City staff to select rendering viewpoints.
TASK 16: Attend 4 meetings with developers at City Hall in August and September 2018 to review developer concerns regarding building controls, open space and TOM measures.
TASK 17: Prepare for and attend Planning Commission study session September 2018 and Planning Commission hearing October 2018.
David]. Powers and Associates
Service CA2.1: Following initiation of the EIR preparation, the project description was modified to include a 600 student school within the Plan Area which required circulation of a revised NOP and review of additional public comments on the project. Three iterations of the proposed Specific Plan have also been prepared, requiring review of the project details to ensure the accuracy of the EIR project description and impact analysis. The project has also required review of several iterations of the transportation impact analysis scope of work and review of multiple iterations of the draft transportation impact analysis. Our original scope of work also assumed the Specific Plan EIR process would be completed in one year. The current total estimated schedule for the EIR is 2.5 years which has contributed to the need for additional effort to complete the EIR process.
Service CA2.2: This budget amendment request covers work to complete the Draft EIR and Final EIR for the project. Completion of the Draft EIR required a significant amount of coordination with the City and their outside counsel to revise administrative drafts of the document and finalize the Draft EIR. The work included additional services by the project biologists to reach conclusions on the impacts of the project and discuss their findings with the City. Those services included responding to several rounds of comments on the biological resources report, participating in conference calls, and performing additional analyses related to the potential for birds to collide with tall buildings and for tall buildings to reduce habitat quality in adjacent areas. DJP&A review and coordination of revised Specific Plan roadway network exhibits and attendance at additional meetings and conference calls was also required. This contract amendment assumes approximately 89 hours of DJP&A staff time to complete the Final EIR for the project, attend coordination meetings, and attend hearings for the Specific Plan.
The cost to complete the Final EIR is anticipated to be $15,125 for DJP&A staff time and $5,382 for the additional biological services, a total of $20,507. This cost estimate assumes that comments received on the Draft EIR for the Specific Plan do not exceed 25 total pages in length or result in the need for additional technical analysis.
Fehr+Peers
Additional transportation impacts analysis as requested by City DOT staff.
Contract Amendment #2
SUMMARY
REVISION J
5-Nov-18
P+W Add. Service TASK 9
P+W Add. Service TASK 10
P+W Add. Service TASK 11
P+W Add. Service TASK 12
P+W Add. Service TASK 13
P+W Add. Service TASK 14
P+W Add. Service TASK 15
P+W Add. Service TASK 16
P+W Add. Service TASK 17
David J Powers and Assoc. Add.
Service CA2.l
David J Powers and Assoc. Add.
Service CA2.2
Fehr+Peers Add. service
SUBTOTAL CONTRACT AMENDMENT
#2
ORIGINAL CONTRACT SUM
AMENDMENT #1
REVISED NOT-TO-EXCEED AMOUNT
Hrs
5 6
6 36
12 TASMAN EAST BASIC AND ADDITIONAL SERVICES FEE SCHEDULE Principal Project Manager Senior Urban Designer Landscape architect Jr. UD/Production Subtotal $ 285 Hrs $ 250 Hrs $185 Hrs $185 Hrs $125
$1,425 10 $2,500 8 $1,000 $4,925.00
$1,710 8 $2,000 6 $1,110 16 $2,000 $6,820.00
$1,710 6 $1,110 $2,820.00
4 $1,000 12 $2,220 4 $ 740 16 $2,000 $5,960.00
6 $1,110 6 $1,110 $2,220.00
$10,260 26 $6,500 46 $8,510 104 $19,240 94 $11,750 $56,260.00 $3,000.00
$3,420 12 $3,000 10 $1,850 4 $ 740 $9,010.00
12 $2,220 12 $ 2,220 $4,440.00
$50,335.00
$20,507.00
$20,290.00
$186,587.00
$759,425
$194,870
$1,140,882
Eblx Insurance No. S00003424
AMENDMENT NO. 3
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CffY OF SANTA CLARA, CALIFORNIA,
AND
PERKINS+ WILL, INC.
PREAMBLE
This agreement ('
1 Amendment No. 3") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Perkins + Will, Inc., a Delaware corporation (Contractor). City and Contractor may be referred to individually as a
1 'Party" or collectively as the UParties'' or the "Parties to this Agreement. 11 RECITALS
A. The Parties previously entered into an agreement entitled 11 Agreement for
Professional Services by and between the City of Santa Clara, California, and Perkins + Will, Inc.'\ dated April 291 2016 (the "Original Agreement"); B. The Original Agreement was previously amended by Amendment No. 1, dated October 27, 2017 and Amendment No. 21 dated February 4, 2019. The Original Agreement and all previous amendments are collectively referred to herein as the "Original Agreement as Amended"; and
C. The Parties entered into the Original Agreement as Amended for the purpose of having Contractor prepare the Tasman East Specific Plan, and the Parties now wish to amend the Original Agreement as Amended to expand the Scope of Services to prepare an amendment to the approved Tasman East Specific Plan.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AMENDMENT TERMS AND CONDITIONS
A. That Section 5 of the Original Agreement as Amended, entitled 'Term of Agreement," is hereby amended to revise the termination date of the Agreement to June 30, 2020.
B. That Exhibit A, entitled nscope of Services,'1 of the Original Agreement as Amended, is her-eby appended to include the attached document entitled "Additional Scope of Services."
C. That Exhibit'B, entitled ''Fee Schedule," of the Original Agreement as Amended, is hereby appended to include the attached ""Budget for Additional Services."
Amendment No. 3 to AgreemenUPerkins + WUI, Inc.
Rev. 08/28/18
2. TERMS
All other terms of the Original Agreement as Amended which are not in conflict with the provisions of this Amendment No. 3 shall remain unchanged in full force and effect. In case of a conflict in the terms of the Original Agreement as Amended and this Amendment No. 3, the provisions of this Amendment No.3 • shall control.
3. COUNTERPARTS
This Amendment No. 3 may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 3 as evidenced by the following signatures of their duly authorized representatives. ~ ity Attorney
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
DE
City anager
1500 Warburton Avenue
Santa Clara, CA 95050
Tetephone: (408) 615-2210
Fax: (408) 241-6771
PERKINS + WILL, INC.
a Delaware corporation
Dated: ~ST ~
By (Signature): ==Jffed?=====· ·=~==· ===================== Name: Geeti Silwal ------------~---- Tit I e: _P_r_in_c_._ip_a_l-_in_-C_ha_r __ g_e _________ _ Principal Place of 2 Bryant Street, Suite 300
Buslness Address: _S_a_n_Fr_a_n_ci_sc_o~1_C_A_94_10_5 _______ _ Email Address: _G_e_e_t_i.s_i_lw_a__,[email protected]_e_rk_in_s_w_il_l.c_o_m ______ _ Telephone: ~(~4_15~)_8_56_-_30_0_0 _________ ~-
Fax: (415) 856-3001
HCONTRACTOR
11 l:\PLANNING\Admin\Contracts\Perkins + Will\Tasman East\Amendment No 3\Amendment No. 3 - Form.doc
Amendment No. 3 to Agreement/Perkins+ Will, Inc.
Rev. 08/28/2018
Page2
EXHIBIT A
ADDITIONAL SCOPE OF SERVICES
The additional Services to be performed for the City by the Contractor under this Amended Agreement are set forth below.
1. OUTLINE SCOPE OF WORK
A. Strategic Economics (SE)
• District-Based Funding Options for Operations and Maintenance: SE will assist the City in examining district-based funding mechanisms that can support operations, programming, and maintenance of the Calle del Sol extension plaza, and will provide a recommendation as to whtch mechanism is most appropriate. The examined options will include business improvement districts. property-based improvement districts, and community benefit districts. Each of these districts provides sufficient funding for basic operations and maintenance (but not major capital improvements or land acquisition) and creates a local entity that can represent the interests of local stakeholders. The districts vary, however 1 in whether businesses, property owners 1 and/or residents contribute funding. Strategic Economics will first provide an explanation of how each district type is funded and structured, and the pros and cons of implementing the district in Tasman East. These pros and cons will focus on qualitative considerations such as stakeholder interest, the relationship of contributors to the likely benefits provided, etc.
o Based on this information, Strategic Economics will then work with City staff to determine which structure would be implementable and appropriate for Tasman East As part of this effort, Strategic Economics staff will partidpate in calls with City staff, up to one in person meeting wlth staff, and participate in up to one in-person meeting with developers and property owners in the Tasman East area to present the findings of the initial pros/cons memo.
o Deliverables:
• Draft memo providing explanation of different district based funding mechanisms and their pros and cons for
the Tasman East area.
• Final revised version of draft memo that identifies the selected district-based funding mechanism, the reasons
for its selectiont and the next steps to be undertaken for the mechanism's implementation
Amendment No. 3 to Agreement/Perkins + Will, lnc./Exhibit A Rev. 08128/2018
Page3
• Plan Revisions: SE will update sections of the plan as-needed, including incorporation of new findings regarding district-based tools selection and implementation.
8. David J. Powers and Associates/ Fehr and Peers
• Prepare El R addendum to represent revised circulation and access strategy, including text and graphics
C. Perkins + Will
• Develop layout of bike and pedestrian route and possible new mid-block plaza
• Coordinate with developers to ensure compatibility of Specific Plan addendum and deve~oper proposals for public realm
• Update alt text and diagrams in Specific Plan Report which are affected by the revised Calle del Sol extension layout
• Create any new diagrams, plans, sections which are necessary to communicate the revised layout
• Coordinate with SE, DJP&A and F&P to ensure compatibility of all updates • Coordinate with CSC planning staff and City Manager's Office to confirm preferred option(s) and layout
• General team management, contract amendment, invoices etc.
2. SCHEDULE
Six to eight weeks, including two to four weeks for internal CSC decision-making process
Amendment No. 3 to Agreement/Perkins + Wi111 lnc./Exhibit A Rev. 08/28/2018
EXHIBIT B
BUDGET FOR ADDITIONAL SCOPE OF SERVICES
For the additional services described in Exhibit A, the cost of said services will be as follows:
Strategic Economics (SE)
David J. Powers & Associates (DJP)
and Fehr & Peers (FP)
Perkins + Will, Inc. (P+W)
Total
$15,550
$10,000
$20,000
$45,550
Combined with the previous scope of services, the total value of this agreement shall not exceed one million one hundred eighty~six thousand four hundred thirty-two dollars ($1, 186A32).
Amendment No. 3 to Agreement/Perkins+ WHI, lnc./Exhibit B Rev. 08/28/2018
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
21-757 Agenda Date: 7/6/2021
REPORT TO COUNCIL
SUBJECT
Action on Amendment No. 4 to the Agreement for Professional Services with Perkins + Will for the Tasman East Specific Plan and Related Budget Amendment
COUNCIL PILLAR
Promote and Enhance Economic, Housing, and Transportation Development
BACKGROUND
In 2016, the City conducted a competitive Request for Proposal (RFP) for professional services to assist City staff with preparation of a Specific Plan and an associated Environmental Impact Report (EIR) for the Tasman East Focus Area. Through this process, Perkins + Will was selected and awarded an agreement with a completion date of September 30, 2017. (See attached Attachment #2 for Executed Original Agreement and Agenda Report.)
In October 2017, the agreement was amended to include additional traffic modeling to determine the Specific Plan’s impact on greenhouse gas emissions and to incorporate those revisions into the EIR as well as well as the Specific Plan document. (See attached Attachment #3 for Executed Amendment No. 1 and Agenda Report.)
In January 2019, the agreement was amended to include additional outreach with key stakeholders and to finalize the environmental analysis that was needed to complete the Specific Plan process. (See Attachment #4 for Executed Amendment No. 2 and Report to Council.) In August 2019, the agreement was amended for Perkins + Will to perform additional analysis related to maintaining the Primavera sewer lift station in its current location and reconfiguring the proposed Calle del Sol extension into a pedestrian paseo. (See Attachment #5 for the Executed Amendment No. 3 and Report to Council.)
The Tasman East Specific Plan was adopted by the City Council in November 2018. Of the 4,500 units supported through the adopted specific plan, developers have submitted applications for a total of 4,484 units on approximately two-thirds of the available land development area. Given the continued demand to provide new housing in the Tasman East area, the opportunity to gain additional unit yield within an area already planned for housing, and the benefit of building out a complete residential mixed-use neighborhood as envisioned within the Specific Plan, the City is considering creating additional capacity in the Tasman East area by preparing an amendment to the Specific Plan and conducting environmental clearance to add 1,500 residential units within the Tasman East Specific Plan boundaries. To undertake the process, the City is proposing to amend its contract with Perkins + Will, the planning consultants used for the original specific plan.
The proposed contract amendment for $275,000 would increase the not-to-exceed amount to City of Santa Clara Printed on 7/1/2021Page 1 of 6
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21-757 Agenda Date: 7/6/2021
$1,461,432 and extend the agreement through June 30, 2022.The scope of tasks and budget to develop a Specific Plan Amendment to allow up to an additional 1,500 residential units in Tasman East include:
· $52,000 for the preparation of the Specific Plan Amendment document including the updated land use plan and diagrams;
· $106,000 to conduct Level of Service and Vehicle Miles Traveled traffic analysis; · $6,500 to update existing utility conditions which may have changed since the original Specific Plan preparation and make recommendations for potential infrastructure upgrades or future analyses that may be required to accommodate the projected demands; · $84,984 to prepare the Subsequent Environmental Impact Report for the project in accordance with the California Environmental Quality Act; and · $25,516 to be available for contingency purposes.
In addition to the required environmental review for 1,500 additional units, the contract amendment would also include a transportation analysis that details the effects of additional traffic on surrounding roadways, and a building form study to determine if additional design controls are necessary as a part of updating the specific plan to create more residential capacity.
The proposed Amendment No. 4 was initially discussed at the March 9, 2021 City Council meeting.
During the Council discussion some Councilmembers expressed concern with approving the contract and thus allowing preparation of an amendment to the Specific Plan that would allow up to an additional 1,500 housing units without first better understanding the City’s strategy for providing amenities to support the additional housing growth. Because the Amendment costs would be funded by a grant received by the City, approval of the contract and associated budget action requires five affirmative votes from the City Council. Following the discussion on March 9, the City Council voted 4 -3 in favor of approving the contract Amendment and therefore did not approve the requested Amendment. The City Council then directed staff to return to the City Council with additional information on proposed amenities.
In April 2021 the American Planning Association California Chapter Northern Section selected the Tasman East Specific Plan as the 2021 winner of the Chapter’s Award of Excellence for a Large Jurisdiction Comprehensive Plan. In nominating the Specific Plan for this award the City highlighted the Plan’s focus on placemaking and amenities that contribute toward the development of a complete neighborhood.
DISCUSSION
At the March 10, 2021 City Council meeting, in response to the Council’s questions about the proposed contract amendment and overall planning approach for the Tasman East Specific Plan, staff provided the following information:
1. The proposed amendment would allow staff to engage a consultant and begin the process of preparing an update to the Specific Plan.
2. The planning process would provide opportunity to address the Council’s concerns regarding planning for parklands and amenities as part of the proposed Specific Plan amendment.
3. The number of units to be added to the Specific Plan has not been finalized. The contract amendment is described as allowing up to 1,500 residential units to be added to the 4,500 already supported by the Specific Plan.
4. The City Council previously reviewed staff proposal to amend the Specific Plan to add more City of Santa Clara Printed on 7/1/2021Page 2 of 6
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21-757 Agenda Date: 7/6/2021
units and approved the City’s application for a grant to fund the planning work.
5. The City received a grant of $310,000 from the State for the proposed Specific Plan amendment. This grant would fully fund the consultant costs and is intended to be applied to project’s that add to the City’s housing capacity.
6. Implementation of the Specific Plan has been very successful, with 4,485 units (of the 4,500 available) in the permitting process, including two 100% affordable projects, one of which is now under construction (Attachment 1).
Following discussion, the City Council directed staff to continue the item for a full presentation at a future meeting. Staff will provide a presentation at the July 6, 2021 City Council hearing. The following additional information is being provided in advance of the meeting to support the presentation.
Development Activity
The City has received eleven project applications within the Tasman East Specific Plan area (Attachment 2). These applications generally account for all of the units available (4,485 of 4,500), but utilize only about 65% of the Plan area. Notably, these include two 100% affordable projects and a senior housing project that will provide a mix of traditional senior units, as well as assisted and memory care units. The architecture and construction type also varies considerably between the projects.
Public Parklands and Open Space
The Tasman East Specific Plan will include a mix of public and private amenities. Public amenities include public park space, publicly accessible privately owned spaces (e.g., plazas, parklets and greenways), and private amenities (located within buildings and accessible to residents of the building). As part of the development of the Specific Plan, staff reviewed the Specific Plan open space strategy with the City Council on multiple occasions and per the direction of the City Council, the amount of open space was increased from 5 acres (public parkland) to 10 acres (5 acres of public parkland plus 5 acres of privately owned open space with private open spaces areas counted as 50% of their area). This approach was formally adopted as the Specific Plan Open Space Framework (Attachment 3).
Pending or approved projects include dedication for approximately 3.78 of the 5.0 acres planned for the area. This is consistent with the Open Space Framework in that 1.0 of parkland is planned for the Central area which has not yet had project in the vicinity of the planned park. The balance of
0.22 acres is accounted for by the fact that the 100% affordable St. Anton project utilizes an exception to the City’s dedication requirement as allowed under State law for 100% affordable housing projects.
Eventual development within the Central area would be expected to deliver the 1.0 acres of dedicated parkland planned for that area. However, as part of the proposed process to prepare an Amendment to the Specific Plan, staff is recommending that the appropriate amount of parkland be evaluated and increased along with the proposed addition of residential units.
Applications on file as designed would deliver 4.58 acres of Open Space as defined in the Specific Plan. Like the planned park areas, one component of the Open Space, the greenways, is also tied to specific areas of the Plan and would be further expanded as development proceeds within the Central and Station districts. A significant portion of the Open Space area is however tied to City of Santa Clara Printed on 7/1/2021Page 3 of 6
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21-757 Agenda Date: 7/6/2021
development and so a greater portion has been achieved with the initial applications. As with the parkland, the planned amount of open space could be increased as part of the preparation of a Plan amendment.
Attachment 4 illustrates the combined parkland and open space area (8.36 acres) provided through the initial planning applications which each project site plan overlayed upon the existing condition aerial photo.
On-site Amenities
Each of the projects includes a considerable amount of on-site amenities for their residents. As an illustration of this, the amenities for five of the projects are listed in Attachment 5. Residents will have access to swimming pools, BBQ facilities, co-working space, a variety of lounges, fitness centers, game rooms, etc.
Local Context
Calle de Luna will serve as the new ‘main street’ for the Tasman East neighborhood, including a mix of restaurants and other retail uses. It is also significant that the neighborhood is adjacent to the Related Santa Clara development which will provide ready access to a wide variety of restaurants and other recreational amenities.
Reason for Contract Amendment
While the original contract with Perkins + Will was intended to be comprehensive, the first two amendments (Amendment No 1 and Amendment No 2) were necessary to address the need for additional environmental analysis identified through the initial environmental review process and to address changes in CEQA requirements. As the City undertook implementation of the Specific Plan, it further became apparent that modifications to the Plan would be helpful to achieve the City’s objective of supporting the near-term development of much needed housing while also maintaining the overall Plan goals and objectives. The current amendment is desirable as it would allow the City to further achieve those goals and objectives by allowing additional residential development within the Plan area. Amendments to Specific Plans are not unusual as issues can be identified through implementation of the Plan that were not anticipated at the beginning of the planning process when the original contract scope was developed. In this case, the success of the Plan and the strong housing market have resulted in an accelerated implementation process and the need to amend the consultant contract to make amendments to the Plan in the near term.
ENVIRONMENTAL REVIEW
The Tasman East Specific Plan was analyzed under an EIR adopted and certified by the City Council on November 13, 2018. An addendum to the Environmental Impact Report that provided additional analysis related to the Calle del Sol paseo was prepared in conjunction with Amendment No. 3, which was adopted by the Council on November 17, 2020. A Subsequent Environmental Impact Report (SEIR) that details the changes to the environment based on the expanded scope will be prepared in accordance with the scope of work proposed under this Amendment.
FISCAL IMPACT
The project is being funded through the State’s Planning Grants program. The proposed amendment was specifically funded by the Planning Grants Program, and the City of Santa Clara was awarded $310,000 for this purpose (Attachment 6). This is a reimbursable grant, so the following budget City of Santa Clara Printed on 7/1/2021Page 4 of 6
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21-757 Agenda Date: 7/6/2021
amendment is recommended to appropriate the full grant award. As the City meets deliverables within this grant, staff will apply for reimbursement of costs. The remaining $35,000 of the grant funding will be used to cover costs related to City-completed Water and Sewer technical reports, recordation fees, mailings, public outreach, and other project expenses.
FY 2021/22 Budget Amendment
Current
Budget
Increase /
(Decrease)
Revised
Budget
Other City Departments Operating
Grant Trust Fund
Revenue
Grant Funding - State’s Planning Grants
Program
$0 $310,000 $310,000
Expenditures
Planning Grants Program $0 $310,000 $310,000
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]>
RECOMMENDATION
1. Consistent with City Charter Section 1305 , “At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least five members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget,” approve the FY 2021/22 budget amendment in the Other City Departments Operating Grant Trust Fund to recognize grant revenue in the amount of $310,000 and establish a Planning Grants Program appropriation in the amount of $310,000 (five affirmative council votes required to appropriate additional revenue); and
2. Authorize the City Manager to execute Amendment No. 4 to the Agreement with Perkins + Will for professional services to prepare the Amendment to the Tasman East Specific Plan to allow up to 1,500 additional units in the Tasman East area, along with preparation of the associated environmental clearance by increasing the amount of the agreement by $275,000 and extending the term of the agreement through June 30, 2022 for a revised not-to-exceed maximum compensation of $1,461,432.
Reviewed by: Andrew Crabtree, Director, Community Development Department City of Santa Clara Printed on 7/1/2021Page 5 of 6
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21-757 Agenda Date: 7/6/2021
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Tasman East St. Anton Project under construction
2. Tasman East Planning Applications
3. Tasman East Specific Plan Open Space Framework Diagram
4. Tasman East Green Spaces
5. Tasman East Project Amenities
6. Amendment No. 4 with Perkins + Will
7. Original Executed Agreement and Agenda Item #13.B
8. Amendment No. 1 and Agenda Item #13.B6
9. Amendment No. 2 and RTC 19-1515
10. Amendment No. 3 and RTC 19-736
11. Planning Grants Program (PGP) Award Letter
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EBIX Insurance No. S200003424
AMENDMENT NO. 4
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
PERKINS + WILL, INC.
PREAMBLE
This agreement ("Amendment No. 4") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Perkins+ Will, Inc., Delaware corporation (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Professional Services by and between the City of Santa Clara, California, and Perkins+ Will, Inc.", dated April 29, 2016 (Agreement); B. The Agreement was previously amended by Amendment No. 1, dated October 27, 2017, Amendment No. 2 dated February 4, 2019, and Amendment No. 3 dated August 27, 2019, and is again amended by this Amendment No. 4. The Agreement and all previous amendments are collectively referred to herein as the "Agreement as Amended"; and
C. The Parties entered into the Agreement as Amended for the purpose of having Contractor prepare the Tasman East Specific Plan, and the Parties now wish to amend the Agreement as Amended to prepare an amendment to the approved Tasman East Specific Plan, to draft a Subsequent Environmental Impact Report, to increase the amount of compensation, and to extend the agreement through June 30, 2022, subject to the appropriation of funds.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 5 of the Agreement as Amended, entitled "Term of Agreement", is hereby amended to read as follows:
"Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of the Agreement shall begin on the Effective Date of this Agreement terminate on June 30, 2022."
Amendment No. 4 to AgreemenUPerkins + Will, Inc.
Rev. 10/25/19
2. Exhibit A of the Agreement as Amended, entitled "Additional Scope of Services ", is hereby amended to read as shown in Fourth Revised Exhibit A, Scope of Services, attached and incorporated into this Amendment No. 4.
3. Exhibit B of the Agreement as Amended, entitled "Budget for Additional Scope of Services", is hereby amended to read as shown in Fourth Revised Exhibit B, Fee Schedule, attached and incorporated into this Amendment No. 4.
4. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 4, the provisions of this Amendment No. 4 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 4 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form:
Alexander ~~g~: :::igned by Alexander
Abbe for ?a~'.~~021 .oe 2s og42 ,s1
BRIAN DOYLE
City Attorney
r ~[}EAN A. ANTANA
~ity Mart ger
"CITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
PERKINS + WILL, INC
A DELAWARE CORPORATION
Dated: 18 February 2021 . ~
By (Signature): tu/4 ~
Name: Geeti Silwal 'J
Title: Principal-in-Charge
Principal Place of 2Bryant Street, Suite 300
Business Address: San Francisco , CA 94107
Email Address: ....9..eeti.silw._a~l@= p.;:;.e;.;.;rk;.;.;.in.;;;s;,;,;w;.;.;il~l.c;;;.;o;;.:,m,;.;__ ______ _ Telephone: (415) 856-3000
Fax: (415)856-3001
"CONTRACTOR"
Amendment No. 4 to AgreemenUPerkins + Will, Inc.
Rev. 10/25/2019
Page2
FOURTH REVISED EXHIBIT A
SCOPE OF SERVICES
The additional services to be performed for the City of Santa Clara ("City") by the Contractor under this Amended Agreement are set forth below. The additional services include contributions from Perkins & Will (Contractor) and the following subcontractors:
BKF, Fehr & Peers, David J. Powers & Partners, and Strategic Economics.
1. Perkins & Will shall provide the following services:
1.1. Task 1: Contractor will make any necessary edits to the Specific Plan Report, including any changes from Fehr & Peers (F+P) and David J. Powers & Partners (DJP&A).
1.2. Task 2: Contractor will provide overall management of consultant team and client interface (for approximately 52 weeks, which DJP&A states is the required duration for subsequent Environmental Impact Report).
1.3. Task 3: Contractor will evaluate the impacts on urban form of an increase of up to 1,500 units on properties within the site boundary that have not yet been included in the known 'pipeline' projects of developers, either on file or pending applications. This Task 3 deliverable may be included within the Specific Plan Report; or it may be maintained as a separate document for the benefit of CSC Staff to understand the dynamics of development opportunities and the impacts of the potential consolidation of properties.
1.3.1. Contractor will build an 'existing conditions' base model, including 3D modeling, of the 3,949 residential units in the planning pipeline (based on information provided by City staff or the proponents), plus all other existing buildings.
1.3.2. Contractor will investigate various scenarios, specific below, for how the remaining units might be accommodated on site, in compliance with the approved design controls (tower separation, densities, etc.) in the Specific Plan Report.
• With no further consolidation of properties (this approach may not even yield 6,000 units because of the size of the non-consolidated properties, but it will provide a new 'benchmark' of how much development could be anticipated if each property owner redeveloped independently)
• With modest consolidation of properties
• With widespread consolidation of properties
1.3.3. Contractor shall prepare visuals for review and comment by City staff and optional City Council study session.
1.3.4. Contractor will incorporate City feedback and finalize deliverables, showing a realistic range of options for how development may occur.
Amendment No. 4 to Agreement/Perkins + Will, lnc./Fourth Revised Exhibit A-Scope of Services Page 3 Rev. 10/25/2019
1.3.5. Contractor will develop any necessary additional massing controls and building design guidelines to ensure additional development will be compliant with the City's expectations.
2. BKF Scope of Services
2.1. See Appendix A.1 incorporated herein.
3. Fehr & Peers Scope of Services
3.1. See Appendix A.1 incorporated herein.
4. David J. Power & Associates (DJP&A) Scope of Services
4.1. See Appendix A.1 incorporated herein.
4.2. Assumptions by DJP&A:
4.2.1. Given that this EIR will be focused on issues related to the development increase DJP&A only assumed one Administrative Draft EIR and then a Screencheck version prior to printing, to reduce the overall schedule.
4.2.2. DJP&A have allowed 10 weeks for the TIA after the City approves the trip generation assumptions (approximately four (4) months total).
5. Strategic Economics Scope of Services
5.1. Per correspondence with City staff, the market study and fiscal impact analysis do not need to be updated for this project. In the absence of a clearly defined scope of services Strategic Economics will be available on-call for advisory services to City staff and other members of the design team. This would potentially include qualitative assessment and guidance regarding potential changes to the plan area's mix of land uses and their locations. Any on-call work would be funded from the project contingency and be subject to prior approval from City staff.
Amendment No. 4 to AgreemenUPerkins + Will, lnc./Fourth Revised Exhibit A-Scope of Services Page 4 Rev. 10/25/2019
1. BKF Scope of Services
Exhibit A Appendix A.1
Subcontractor Scope of Services
Task 1: Evaluate Infrastructure Impacts
Scope of Work: BKF will meet with City of Santa Clara Water and Sewer Utilities Department, Silicon Valley Power, and PG&E to update existing conditions that may have changed since 2017. This research will include documenting any known upgrades to downstream sewer mains and pump stations that have been implemented or are planned, as well as improvements to the transmission and distribution systems for gas, water and electricity. Additionally, BKF will update documents prepared in 2017 to add 1,500 residential units to the proposed development scenarios and make recommendations for potential infrastructure upgrades or future analyses that may be required to accommodate the projected demands. The updated documents will include sewer and water demand projections that can be used by City Staff to prepare a Water Supply Assessment and perform further hydraulic analyses in-house as-needed. 35 Estimated Hours
2. Fehr & Peers Scope of Services
TASK 1: SPECIFIC PLAN UPDATE
Fehr & Peers will work with the Perkins + Will team to update relevant sections of the Tasman East Specific Plan. Based on discussions with the City, Fehr & Peers understand there is a desire to update select portions of the specific plan, potentially including parking, TOM, street layout, and related circulation policies.
Fehr & Peers have allocated up to 48 hours for this task.
TASK 2: TRANSPORTATION IMPACT ANALYSIS
Fehr & Peers will prepare a Transportation Impact Analysis (TIA) for use in the Specific Plan EIR.
The operations of up to 20 intersections and 20 freeway segments will be evaluated during the weekday morning (AM) and evening (PM) peak hours for the scenarios as shown below. If the project size is large enough such that more than 20 intersections could potentially be impacted and the City determines there Amendment No. 4 to AgreemenUPerkins + Will, lnc./Fourth Revised Exhibit A-Appendix A.1 Rev. 10/25/2019
is a need to include additional intersections, Fehr & Peers will analyze more intersections for an additional fee.
Scenario 1: Existing Conditions - Existing volumes obtained from counts representing peak traffic conditions during the morning and evening commute periods, plus previously approved trips from the current version of the Tasman East Specific Plan.
Scenario 2: Background Conditions - Existing volumes plus traffic from approved but not yet constructed and unoccupied
developments in the area, including Phases 1-3 of City Place and previously approved trips from the current version of the Tasman East Specific Plan.
Scenario 3: Background Plus Project Conditions - Background volumes from Scenario 2 plus project traffic.
Scenario 4: Cumulative No Project Conditions - Fehr & Peers will use VT A's model refined for the proposed City Place Project, which includes approved trips from the current version of the Tasman East Specific Plan.
Scenario 5: Cumulative Plus Project Conditions - Scenario 4 volumes plus traffic generated by the Project.
Fehr & Peers will use the VTA Transportation Impact Analysis Guidelines and the TRAFFIX software package to analyze transportation impacts and intersection operations. Freeway segments will be analyzed in accordance with VTA guidelines. The TIA will also address potential impacts to transit service, bicycle activity, and pedestrian activity.
Task 2.1: Initial Trip Generation Estimates, Data Collection and Evaluation of Existing Conditions
Under this task, Fehr & Peers will develop vehicle trip generation estimates, along with trip distribution, and trip assignment for the proposed project. Initial project vehicle trip generation estimates, distribution patterns, and assignments will be submitted to City staff for review and will be refined if necessary to respond to their comments.
Once the final scope is approved by the City, Fehr & Peers will compile and review the available background documents relevant to the study area. Fehr & Peers will collect the following information for transportation facilities within the project area:
Motor Vehicle Traffic: Fehr & Peers has budgeted for analysis of up to 20 intersections and 20 freeway segments, to be confirmed by the City once initial Amendment No. 4 to Agreement/Perkins + Will, lnc./Fourth Revised Exhibit A-Appendix A.1 Rev. 10/25/2019
trip generation estimates are developed. The final set of intersections and freeways segments will be selected based on consultation with the City. Due to the current COVID pandemic, Fehr & Peers will not conduct new traffic counts at any new intersections. Instead, Fehr & Peers will use previous counts provided by the City and apply a reasonable growth factor to estimate traffic volumes that would exist under ordinary, non-pandemic conditions.
This task includes a site visit to observe peak hour transportation operations, obtain lane configurations, and other site specifics such as physical characteristics of the site and the surrounding transportation network.
Transit, Pedestrian and Bicycle Conditions: Fehr & Peers will also update the description of existing transit service, bicycle conditions and pedestrian conditions in the vicinity of the Specific Plan.
Task 2.2: Evaluate No Project Conditions
Fehr & Peers will evaluate a No Project scenario under Background and Cumulative Conditions. Volumes for Background Conditions will be derived accounting for approved, but not yet constructed projects in the Plan area.
Volumes for Cumulative Conditions will be obtained from the City Place version of the VT A's travel demand model. The City Place version of the VTA travel demand model has been validated and calibrated.
Task 2.3: Evaluate Project Conditions
Fehr & Peers will adjust the volumes developed in the Background and Cumulative No Project scenario to account for improvements to circulation and transportation demand management strategies from the Project. Once estimates of vehicle trip generation have been developed, the directions of approach and departure of trips will be estimated based on the locations of complementary land uses, existing travel patterns in the area, and proposed modifications of the roadway network. The project vehicle trip generation estimates, distribution pattern, and assignments will be refined to respond to comments received from City staff. Intersection LOS calculations will be conducted to estimate the LOS of the study locations during the AM and PM peak hours after completion of the proposed project.
Task 2.4: VMT Analysis
VMT has been adopted as a statewide metric for evaluating project transportation impacts in accordance with SB 743 and guidance prepared by the Governor's Office of Planning and Research (OPR). VMT is presumed to be less than Amendment No. 4 to Agreement/Perkins+ Will, lnc./Fourth Revised Exhibit A-Appendix A.1 Rev. 10/25/2019
significant due to the Specific Plan area's proximity to high-frequency transit; as a result Fehr & Peers will not conduct a quantitative analysis of VMT but will instead qualitatively discuss why VMT effects are expected to be less than significant.
VTA's new VMT Evaluation Tool will be used to support the qualitative assessment and confirm the Specific Plan area meets eligible VMT screening criteria. A more detailed quantitative analysis of VMT effects can be completed as an optional task.
Task 2.5: Transit Delay Analysis for Buses and Rail Routes Fehr & Peers will conduct a transit delay analysis for buses and rail routes in the vicinity of the Specific Plan. For the purposes of this task, transit network performance will be analyzed during the AM and PM peak hour based on the average transit vehicle delay associated with congestion at signalized intersections along a specified corridor with and without the Project.
The change in average transit vehicle delay will be determined using the following process:
• Review Traffix analysis software output for intersection delay. The average delay, by movement, at each intersection within a study corridor in the transit vehicle path of travel will be determined.
• The transit vehicle average delay due to congestion at intersections will be determined by summing the movement delay for each signalized intersection along the study transit corridor. The effects of transit signal priority or preemption will not be considered.
• Without and With Project average transit vehicle delay associated with congestion at intersections will be compared. Note that the transit vehicle dwell time at transit stops is not included in the analysis.
The City of Santa Clara and the VTA do not have documented standards related to transit corridor performance associated with congestion resulting from new development projects. The agencies also do not have a documented method for determining which transit corridors should be analyzed. For purposes of this study, the following routes within one mile of the Specific Plan area and that have full day service with a frequency of 30 minutes or less will be analyzed:
• VTA Orange Line - Tasman Drive: North First Street to Great America Parkway
• VTA Green Line - Tasman Drive: North First Street to Great America Parkway
Amendment No. 4 to AgreemenVPerkins + Will, lnc./Fourth Revised Exhibit A-Appendix A.1 Rev. 10/25/2019
• Route 57 - Great America Parkway: Mission College Boulevard to Tasman Drive
• Route 59 - Great America Parkway: Mission College Boulevard to Tasman Drive
Potential mitigation measures will consider improvements such as increased transit service frequencies, improved pedestrian/bicycle access, and other improvements to enhance transit travel and reduce conflicts with general automobile traffic.
A transit capacity analysis is neither required as part of the VTA TIA Guidelines, nor is in the latest Governor's Office of Planning and Research (QPR) guidance.
As a result this task will focus primarily on transit delay, rather than transit capacity. However, given the nature of the Specific Plan and its proximity to transit, Fehr & Peers propose to qualitatively evaluate the Project's effect on transit capacity at the Great America station, although this may not be identified as a Project impact.
Task 2.6: Identify Significant Operational Impacts, Recommend Mitigation Measures
The results of the analysis for the Project will be compared to the results for the corresponding No Project Conditions for the scenarios as described above to identify roadway impacts. Significant transportation impacts will be identified based on the City of Santa Clara's non-CEQA operational standard and in keeping with current state of the practice. If significant operational impacts are identified, Fehr & Peers will recommend feasible mitigation measures, such as TOM strategies and other innovative methods.
A morning and evening left-turn queuing evaluation will be conducted under Existing and Background Conditions at impacted intersection locations.
Specifically, Fehr & Peers will compare the 95th percentile queues from TRAFFIX output between the appropriate No Project and Plus Project scenarios. This analysis will be conducted for up to ten movements at locations where the project adds enough traffic that available storage may need to be modified. Per TIA guidelines, the queuing evaluation is required for only the near- term analysis and will not be conducted for Cumulative Conditions.
A freeway ramp queuing analysis will be conducted for freeway ramp intersections to confirm that project trips will not result in queue backups to the project mainline or require modifications to ramp metering rates. Ramp analysis will be conducted for all study intersections with on- or off-ramps and will be evaluated for Existing and Background scenarios. Queue lengths will be reported based on Traffix analysis outputs only; no additional analysis of queuing using other traffic analysis software programs is assumed to be part of this task.
Amendment No. 4 to AgreemenUPerkins + Will, lnc./Fourth Revised Exhibit A-Appendix A.1 Rev. 10/25/2019
The effect of the project on transit, bicycle, and pedestrian facilities will be evaluated in terms of conflicts with existing or planned facilities or creation of hazardous conditions for bicyclists or pedestrians. Similarly, Fehr & Peers will ensure efficient linkages with existing and potential future transit, bicycle and pedestrian facilities. Fehr & Peers will present specific mitigation measures that ensure adequate pedestrian, bicycle, transit, and automobile circulation within the project site and integration with the area's existing facilities.
Task 2.6: Documentation
Fehr & Peers will document our findings in a report that will include text, graphics, and tables to describe study analysis methods and results, the potential impacts of the proposed project, and corresponding mitigation measures. Fehr & Peers will submit one hard copy of the Administrative Draft TIA report and one separately bound appendix, plus one electronic version for review by the City.
This scope assumes up to 24 staff hours to respond to all comments on the Administrative Draft TIA report and prepare the Draft TIA.
Fehr & Peers will submit the Draft TIA report and Appendix for review by the City, VTA, and other agencies as applicable. This scope assumes up to 16 staff hours to respond to comments on the Draft TIA report received from the City of Santa Clara. Once the comments have been incorporated, Fehr & Peers will produce a Final TIA report and submit one hard copy and one electronic copy to City staff.
Each copy will have the report and appendices bound separately.
Deliverables:
• Administrative Draft Transportation Impact Analysis
• Agency Draft Transportation Impact Analysis
• Final Transportation Impact Analysis Chapter/Appendix for the Draft EIR Task 2.7: Response to Comments
Fehr & Peers will prepare response to comments received during the public review period regarding transportation and circulation.
Deliverables:
• Response to comments in written form
TASK 3: EIR CERTIFICATION AND ADOPTION
Fehr & Peers will assist with updates to the TIA to be included in the Final EIR based off comments received in Task 2 as well as changes adopted by either the Planning Commission or City Council.
Amendment No. 4 to Agreement/Perkins+ Will, lnc./Fourth Revised Exhibit A-Appendix A.1 Rev. 10/25/2019
Deliverables:
• Updated/Revised Transportation Impact Analysis Chapter/Appendix for the Final EIR
TASK 4: MEETINGS
Fehr & Peers will participate in up to 6 project team conference calls as part of this task. Fehr & Peers will also attend up to 2 public hearings as part of Specific Plan adoption.
3. David J. Powers and Associates (DJP&A) Scope of Services Per California Environmental Quality Act (CEQA) Guidelines Section 15162, 15163, and 15164, when an EIR has been certified for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines that substantial changes to the project or circumstances under which the project is undertaken would result in new or greater significant impacts than previously disclosed in the certified EIR.
Modifications to the TESP may have significant impacts on air quality, greenhouse gas emissions, noise, and transportation . These resource sections will be addressed in a Subsequent EIR (SEIR), as described below.
Preparation of the Subsequent EIR
Kick-Off Meeting and Subsequent EIR Initiation
DJP&A will attend one SEIR kick-off meeting with the City and the project team to discuss the project, further refine the SEIR scope as needed, identify alternatives, and coordinate the scheduling and preparation of the SEIR.
Project Description and Notice of Preparation
DJP&A will draft a project description and provide it to the City and Perkins+ Will to review for accuracy . The project description will be based on project information to be provided by Perkins + Will. A preliminary list of project information needed is included on page 8 of this scope of work. Once the project description is finalized, DJP&A will prepare the SEIR NOP.
DJP&A will prepare the NOP for circulation by the City of Santa Clara. The NOP will include a brief project description, project location map, and discussion of potential environmental effects of the project. This scope includes DJP&A attendance at one public scoping meeting for the project. The text of the SEIR will incorporate relevant issues raised in the responses to the NOP received during the 30-day NOP circulation period.
Amendment No. 4 to Agreement/Perkins+ Will, lnc./Fourth Revised Exhibit A-Appendix A.1 Rev. 10/25/2019
Initial Study
DJP&A will prepare an Initial Study which will be incorporated in the SEIR as an appendix to focus the SEIR on potentially significant issues pursuant to CEQA Guidelines Section 15178. The significant issues are discussed further below.
Preparation of Administrative Draft Subsequent EIR
DJP&A will prepare a SEIR consistent with the requirements of CEQA and the City of Santa Clara. The SEIR will include an introduction, summary, project description, environmental setting, discussion of environmental impacts, and mitigation measures to reduce significant impacts. The primary issues anticipated to be addressed in the SEIR are air quality, greenhouse gas emissions, noise, and transportation, as described
Introduction
The introduction to the SEIR will describe the purpose of the SEIR, provide a general overview of the CEQA process, and describe the public participation process and opportunities for input.
SEIR Summary
A summary of the SEIR will include a brief description of the proposed project and identify the impacts of the project and proposed mitigation measures in tabular format. The summary will also briefly describe the project alternatives and address any known areas of public controversy.
Project Description
The SEIR will include a project description identifying the revised development totals anticipated in the Plan Area. The project description will also include a list of project objectives, necessary discretionary actions, and decision-making agencies. Maps and graphics will be provided to illustrate the text.
Existing Environmental Setting, Impacts, and Mitigation Measures The Administrative Draft SEIR will discuss those resource areas found to be potentially significant in the Initial Study analysis and/or those areas required to be included in the SEIR. The SEIR will provide: 1) a detailed description of the existing environmental setting; 2) impacts that may result from the proposed project; and 3) feasible mitigation measures to avoid or reduce impacts to a less than significant level. A discussion of the project's consistency with applicable plans and policies will be included with particular attention given to inconsistencies, if any are identified.
Based upon DJP&A current understanding of the project, DJP&A anticipate the key environmental issues for the project will include the following resources:
Amendment No. 4 to Agreement/Perkins + Will, lnc./Fourth Revised Exhibit A-Appendix A.1 Page 10 Rev. 10/25/2019
• Air Quality - The SEIR will evaluate air quality impacts from construction and operational emissions. Under contract with DJP&A, an air quality and greenhouse gas (GHG) assessment will be completed by Illingworth & Rodkin, Inc. (l&R) to assess impacts related to the proposed project.
Construction air quality impacts associated with the project will be addressed by predicting construction period regional criteria pollutant emissions. The latest version of the CalEEMod model will be used to quantify emissions. New sensitive receptors would be placed near sources of toxic air contaminants (TACs) and fine particulate matter (PM2.5). The previous air quality assessment will be updated using screening data provided by the Bay Area Air Quality Management District (BAAQMD). The SEIR will identify existing sources of TACs and PM2.5 in the TESP area and their concentrations.
These levels will be compared against BAAQMD CEQA thresholds (i.e., cancer risks of 10 cases per one million).
• Greenhouse Gas Emissions - GHG emissions would be computed using the CalEEMod model that is recommended by BAAQMD, as described above for air quality emissions. Default inputs for the Bay Area would be used in the model along with local information regarding transit, pedestrian, and bicycle modes of travel that would replace vehicle trips. The CalEEMod model would compute annual emissions that include traffic and indirect sources such as natural gas, electricity use, water usage, and generation of solid waste that is stored in landfills. The change in emissions compared with existing land uses assumptions would be evaluated. According to the latest version of the BAAQMD CEQA Air Quality Guidelines, GHG impacts from General Plans should be evaluated based on emissions per capita. The GHG analysis would work with City staff to develop a GHG per capita emission threshold, since plan development is anticipated to occur beyond 2020, where the BAAQMD thresholds become obsolete.
• Noise - The project proposes to increase the number of dwelling units and office space in the TESP area. l&R will prepare a brief noise memo which will calculate noise generated by construction activities and project-generated traffic at nearby sensitive land uses. The SEIR will assess the impacts of project construction and operation on residences in the vicinity of the Plan Area.
• Transportation - Modifications to the project would increase potential peak hour project- generated trips. Under contract with Perkins + Will, Fehr & Peers will prepare a Vehicle Miles Traveled (VMT) analysis per Senate Bill 7 43.
Additionally, Fehr & Peers will update the Traffic Impact Analysis that was prepared previously for the plan area. The SEIR will analyze, at a program level, impacts from any transportation improvements required for the project.
Pursuant to CEQA, the SEIR will also include a discussion of cumulative impacts; alternatives; growth inducing impacts; significant, unavoidable impacts; significant Amendment No. 4 to Agreement/Perkins + Will, lnc./Fourth Revised Exhibit A-Appendix A.1 Rev. 10/25/2019
irreversible environmental changes; references; and lead agency and consultants . Upon completion of the Administrative Draft Subsequent EIR, DJP&A will submit up to five hard copies of the document to the City for review and comment.
Draft Subsequent EIR and Notice of Completion
Revision of Administrative Draft Subsequent EIR/Preparation of Draft Subsequent EIR
Once the City provides DJP&A with comments on the Administrative Draft Subsequent EIR, DJP&A will revise the document and submit an electronic copy of the Screencheck Draft SEIR to the City for final review and comment. DJP&A will make any final revisions to the Screencheck Draft SEIR and prepare the Draft SEIR for public circulation. DJP&A will provide the City with up to 20 hard copies of the Draft SEIR for public distribution, a PDF of the document for posting on the City's website, as well as 15 CDs for the State Clearinghouse.
Notice of Completion
DJP&A will prepare the Notice of Completion (NOC), in accordance with the CEQA and City of Santa Clara requirements. The NOC will include a brief description of the project, the project location, and will state where copies of the Draft SEIR are available for review. DJP&A will submit an electronic draft of the NOC to the City for review and comment. DJP&A will revise and finalize the NOC based on City comments. DJP&A will transmit the NOC and copies of the Subsequent EIR to the State Clearinghouse on behalf of the City. This scope assumes the City will prepare a Notice of Availability and file it with the County Clerk.
Final Subsequent EIR, Mitigation Monitoring and Reporting program, and Other Related Items
Preparation of Final Subsequent EIR
Upon completion of the 45-day Draft SEIR circulation period, DJP&A will prepare an Administrative Draft Final SEIR. The Final SEIR will contain the following:
• List of persons and agencies who commented on the Draft SEIR; • Responses to comments on the Draft SEIR;
• Revisions to the SEIR text, as necessary; and
• Copies of letters received on the Draft SEIR.
This scope of work assumes approximately 20 hours of Principal Project Manager time and 40 hours of Project Manager time to respond to comments. If additional effort is required to respond to the comments, it can be completed on a time and materials basis, in accordance with the fee schedule.
Amendment No. 4 to AgreemenUPerkins + Will, lnc./Fourth Revised Exhibit A-Appendix A.1 Page 12 Rev. 10/25/2019
An electronic copy of the Administrative Draft Final SEIR will be submitted to City Staff for review. The document will be revised per the comments received, and DJP&A will provide up to 35 copies of the Final Subsequent EIR to the City for public distribution. DJP&A will also provide the City with a PDF of the document for posting on the City's website.
Preparation of Mitigation Monitoring and Reporting Program DJP&A will prepare a draft MMRP for the project. The MMRP will summarize the mitigation measures identified, when mitigation measures will be implemented, who will be responsible for implementation, and who will provide oversight.
DJP&A will submit a draft of the MMRP for the City's use with the Screencheck SEIR.
Findings
Although DJP&A are not attorneys and do not prepare legal findings, DJP&A will assist City Staff and the City Attorney in compiling information from the SEIR for findings required under CEQA Guidelines Section 15091, if requested to do so.
Notice of Determination
DJP&A will prepare a Notice of Determination (NOD), in accordance with CEQA and City of Santa Clara requirements . The NOD will include a brief project description, date of project approval, determination of the project 's environmental effects, mitigation measures and conditions of approval, statement whether overriding considerations were adopted, and the location where the Final SEIR and record of project approval may be examined .
DJP&A will submit an electronic copy of the draft NOD for the City's review.
Based on comments received from the City, DJP&A will revise and finalize the NOD. An electronic copy of the finalized NOD will be submitted to the City.
Meetings and Hearing Attendance, Project Management
Attendance of Meetings and Hearings
This scope of work includes DJP&A attendance at up to two project meetings and two public hearings (e.g., one Planning Commission hearing and one City Council hearing) . DJP&A can attend additional public hearings or meetings requested on a time and materials basis.
Project Management
DJP&A will provide project management, contract administration, and coordination with the City and project team throughout the SEIR process. The DJP&A Project Manager will coordinate with the City on a regular basis using email and telephone communications .
Amendment No. 4 to AgreemenUPerkins + Will, lnc./Fourth Revised Exhibit A-Appendix A.1 Page 13 Rev. 10/25/2019
Estimated Schedule
DJP&A proposes the following optimum schedule for preparation of the SEIR.
DJP&A can commit to maintain the schedule in the areas that are within DJP&A control. Completion of the Subsequent EIR, as outlined in the schedule below, is based upon receipt of project information listed on the following page in accordance with the schedule. Delays in receiving requested information or responses by others will result in at least day-for-day delays in the overall schedule.
Task Duration of Time Elapsed Task
1. DJP&A receives authorization to proceed
and requested project information ---
2. DJP&A completes project description 1 week and submits to Perkins + Will for review
3. DJP&A receives comments on the
project description from Perkins + Will and 1 week
completes revisions
4. Project Kick-Off Meeting --
5. DJP&A completes notice of preparation 1 week (NOP) and submits to City for review
6. Fehr & Peers submits trip generation 2 weeks estimates to City for approval
7. City completes review of NOP and 2 weeks provides comments to DJP&A
8. DJP&A completes revisions to NOP 0.5 week based on City comments
9. City approves trip generation estimates 4 weeks
10. NOP circulation 4 weeks
11. l&R completes air quality and GHG and
noise analysis (4 weeks after traffic data is 6 weeks
available)
12. Fehr & Peers completes VMT/Traffic 10 weeks Impact Analysis
13. City staff completes Sanitary Sewer 10 weeks Capacity Analysis Amendment No. 4 to Agreement/Perkins + Will, lnc./Fourth Revised Exhibit A-Appendix A.1 Rev. 10/25/2019
1 day
Week 1
Week2
Week2
Week3
Week2
Week5
Week5
Week6
Week9
Week 12
Week 16
Week 16
Task Duration of Time Elapsed Task
14. City staff completes Water Supply 13 weeks Week 19
Assessment*
15. Preparation and Submittal of the 4 weeks Week 23 Administrative Draft Subsequent EIR*
16. Review of Administrative Draft 5 weeks Week 28 Subsequent EIR by City Staff
17. DJP&A Revises Administrative Draft 3 weeks Week 31 Subsequent EIR, Prepare Screencheck
18. Review of Screencheck Subsequent 2 weeks Week 33 EIR by City Staff
19. DJP&A Revises Screencheck
Subsequent EIR and Print Subsequent EIR 1 week Week 34
for Circulation
20. Draft Subsequent EIR Circulates for 45- 6 weeks Week40 day Public Review
21. DJP&A Prepares Administrative Draft 3 weeks Week 43 Final Subsequent EIR
22. City Staff Reviews Administrative Draft 3 weeks Week46 Subsequent EIR
23. DJP&A Revises and Submits 2 weeks Week48 Screencheck Subsequent EIR
24. City Staff Reviews and Approves 1 week Week49 Screencheck Final Subsequent EIR
25. DJP&A Revises Screencheck
Subsequent EIR and Prints Subsequent 1 week Week 50
EIR for Circulation
26. City Circulates Final Subsequent EIR 1.5 weeks Week 52 for 10 days Total +/-
* Preparation of the Water Supply Assessment and the Sanitary Sewer Capacity Analysis can be done concurrently. The timing of the start of the analyses is contingent on other projects in the queue.
Amendment No. 4 to Agreement/Perkins + Will, lnc./Fourth Revised Exhibit A-Appendix A.1 Rev. 10/25/2019
Project Information Required
DJP&A scope and schedule are based on the assumption that DJP&A will receive the below project information concurrent with the authorization to proceed .
Perkins+ Will shall provide DJP&A any and all revisions to the TESP/project description in a timely manner. If DJP&A submits an environmental review document based upon an obsolete project description, the environmental review schedule and potentially DJP&A's budget may increase, due to additional time required to revise the document and the need for possible updates to technical reports.
Plans (in PDF)
• Revised TESP pages
Project Details
• Written description of the project, including maximum development assumptions
• Utility improvements (if any)
• Right of way improvements (if any)
• Project objectives
Technical Reports
• Traffic Impact Analysis
• Water Supply Assessment
• Water Hydraulic Modeling Analysis
• Sanitary Sewer Hydraulic Modeling and Capacity Analysis Amendment No. 4 to AgreemenUPerkins + Will, lnc./Fourth Revised Exhibit A-Appendix A.1 Rev. 10/25/2019
1. Fees
Fourth Revised Exhibit B
Fee Schedule
1.1. For the additional services described in the Fourth Revised Exhibit A, the cost of said services are as follows:
Contractor Amount
Perkins + Will $52,000
Fehr & Peers $106,000
BKF $6,500
Strategic Economics On-Call 1
David J. Powers & Associates $84,984
SUBTOTAL AMENDMENT NO. 4 $249,484
Contingency $25,516
TOTAL AMENDMENT NO. 4 $275,000
Original Agreement Not-To-Exceed $759,425
Amendment No. 1 $194,870
Amendment No. 2 $186,587
Amendment No. 3 $45,550
REVISED NOT-TO EXCEED AMOUNT $1,461,432
1 Strategic Economics services are on-call and should their services be required any payments would come from the contingency amount.
2. MAXIMUM COMPENSATION
2.1. The maximum compensation the City will pay Contractor for all services provided under this Agreement shall not exceed One Million Four Hundred Sixty-One Thousand Four Hundred Thirty-Two Dollars ($1,461,432) during the Term of the Agreement.
Amendment No. 4 to Agreement/Perkins + Will, lnc./Fourth Revised Exhibit B-Fee Schedule Page 1 Rev. 10/25/19
Ebix Insurance No. S00003424
AMENDMENT NO. 5
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
PERKINS + WILL, INC.
PREAMBLE
This agreement ("Amendment No. 5") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Perkins+ Will, Inc., a Delaware corporation (Consultant) . City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Professional Services by and between the City of Santa Clara, California, and Perkins+ Will, Inc.", dated April 29, 2016 (Agreement) ; B. The Agreement was previously amended by Amendment No. 1 dated October 27, 2017, Amendment No. 2 dated February 4, 2019, Amendment No. 3 dated August 27, 2019, and Amendment No. 4 dated August 24, 2021, and is again amended by this Amendment No. 5. The Agreement and all previous amendments are collectively referred to herein as the "Agreement as Amended"; and
C. The Parties entered into the Agreement as Amended for the purpose of having Contractor prepare the Tasman East Specific Plan, and the Parties now wish to amend the Agreement as Amended to extend the termination date.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 5 of the Agreement as Amended, entitled "Term of Agreement" is amended to read as follows:
"Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of the Agreement shall begin on the Effective Date of this Agreement and terminate on December 30, 2023."
2. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of Amendment No. 5 to AgreemenUPerkins + Will, Inc. TESP S82 Rev. 10/25/19
the Agreement as Amended and this Amendment No. 5, the provisions of this Amendment No. 5 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 5 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
OfficeftheCityAttorney
City of Santa Clara
"CITY"
Raj v Batra
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: ( 408) 241-6771
PERKINS + WILL, INC
a Delaware Corporation
Dated: 13 September 2022
!udi~
By (Signature): --"='7a=-· ===~- - ---- - ---
Name: Geeti Silwal
Title: Principal-in-Charge
Principal Place of 2Bryant Street, Suite 300
Business Address: San Francisco, CA 94107
Email Address: [email protected]
Telephone: (415) 856-3000
Fax: (415) 856-3001
"CONSULTANT"
Amendment No. No. 5 to Agreement/Perkins+ Will, Inc. TESP SB2 Rev. 10/25/2019
Amendment No. 6 to Agreement/Perkins + Will, Inc. TESP SB2 Page 1 Rev. 10/25/19
Ebix Insurance No. S00003424
AMENDMENT NO. 6
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
PERKINS + WILL, INC.
PREAMBLE
This agreement (“Amendment No. 6”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Perkins + Will, Inc., a Delaware corporation (Contractor or Consultant). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for Professional Services by and between the City of Santa Clara, California, and Perkins + Will, Inc.”, dated April 29, 2016 (Agreement); B. The Agreement was previously amended by Amendment No. 1 dated October 27, 2017, Amendment No. 2 dated February 4, 2019, Amendment No. 3 dated August 27, 2019, Amendment No. 4 dated August 24, 2021, Amendment No. 5 dated September 27, 2022, and is again amended by this Amendment No. 6.
The Agreement and all previous amendments are collectively referred to herein as the “Agreement as Amended”; and
C. The Parties entered into the Agreement as Amended for the purpose of having Contractor prepare the Tasman East Specific Plan, and the Parties now wish to amend the Agreement as Amended to update the final traffic report and extend the termination date.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 5 of the Agreement as Amended, entitled “Term of Agreement” is amended to read as follows:
“Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of the Agreement shall begin on the Effective Date of this Agreement and terminate on June 30,2026.”
Docusign Envelope ID: E3D22156-9825-4718-9B51-FE284E161619 Amendment No. No. 6 to Agreement/Perkins + Will, Inc. TESP SB2 Page 2 Rev. 10/25/2019
2. Exhibit A of the Agreement as Amended, entitled “Additional Scope of Services “, is hereby appended to include Sixth Revised Exhibit A, Scope of Services, attached and incorporated into this Amendment No. 6.
3. Exhibit B of the Agreement as Amended, entitled “Budget for Additional Scope of Services “, is hereby amended to read as shown in Sixth Revised Exhibit B, Fee Schedule, attached and incorporated into this Amendment No. 6.
4. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 6, the provisions of this Amendment No. 6 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 6 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
GLEN R. GOOGINS
City Attorney
JŌVAN D. GROGAN
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
PERKINS + WILL, INC
a Delaware Corporation
Dated:
By (Signature):
Name: Geeti Silwal
Title: Principal-in-Charge
Principal Place of
Business Address:
2Bryant Street, Suite 300
San Francisco, CA 94107
Email Address: [email protected]
Telephone: (415) 856-3000
Fax: (415) 856-3001
“CONSULTANT”
Docusign Envelope ID: E3D22156-9825-4718-9B51-FE284E161619 11/25/2025 | 8:46 AM PST
12/24/2025 | 10:39 AM PST
Amendment No. No. 6 to Agreement/Perkins + Will, Inc. TESP SB2 Page 3 Rev. 10/25/2019
SIXTH REVISED EXHIBIT A
SCOPE OF SERVICES
The additional services to be performed for the City of Santa Clara (“City”) by the Contractor under this Amended Agreement are set forth below. The additional services include contributions from Perkins & Will (Contractor) and the following subcontractors:
BKF, Fehr & Peers, David J. Powers & Partners, and Strategic Economics.
Task 1 - Project Management and Coordination:
• Sub-Task 1.1 – Coordination and Invoicing: Perkins & Will will continue to administer the work plan, coordinate with sub-consultants, and provide monthly invoices for the next 7 months in accordance with the project schedule. The budget for this task also reflects Perkins & Will's ongoing coordination with the City of Santa Clara and sub- consultants to finalize this ASR request.
• Sub-Task 1.2 – Edits to Specific Plan: Perkins & Will will coordinate with the City of Santa Clara on any edits needed to the final specific plan based on the EIR amendment.
Task 2 - Traffic Analysis: Fehr & Peers will conduct the following tasks to update our transportation analysis resulting from potential changes to the Related Santa Clara project immediately to the north of Tasman East.
• Sub-Task 2.1 – Calle Del Mundo Lane Configuration: The currently adopted Tasman East Specific Plan proposes a bike lane and one mixed travel lane in each direction on Calle del Mundo, along with a center two-way left-turn lane. For this task, Contractor will qualitatively analyze the removal of the westbound bike lane on Calle del Mundo, replacing it with on-street parking. As an alternative, Contractor will qualitatively analyze the removal of the center turn lane in exchange for maintaining parking and bike lanes on both sides of the street. Additionally, Contractor will analyze the possibility of a bike lane remaining on one side of Calle del Mundo.
• Sub-Task 2.2 – Traffic Analysis Update: Fehr & Peers will quantitatively analyze changes to the transportation network north of Tasman Drive if Lick Mill Boulevard is not extended north of Calle del Mundo. Under this scenario, Lick Mill Boulevard is proposed to be four lanes south of Tasman Drive, two lanes north of Tasman Drive, and end with a left turn onto Calle del Mundo.
Bike lanes on Calle del Mundo would remain unchanged.
Docusign Envelope ID: E3D22156-9825-4718-9B51-FE284E161619 Amendment No. No. 6 to Agreement/Perkins + Will, Inc. TESP SB2 Page 4 Rev. 10/25/2019
This analysis will focus on Background with Project Conditions and Cumulative with Project Conditions for the following intersections:
o Intersection #16: Lick Mill Boulevard & Calle De Luna o Intersection #17: Lick Mill Boulevard & Calle Del Mundo o Intersection #19: Lick Mill Boulevard & Tasman Drive
• Sub-Task 2.3 – Documentation: Fehr & Peers will prepare a brief technical memorandum document the analysis results.
Task 3 - EIR Update: David J. Powers will conduct the following tasks to update the Specific Plan’s EIR.
• Sub-Task 3.1 – Air Quality and Greenhouse Gas Assessment: As mentioned via e-mail on May 2, 2024, due to the recent court ruling in the California Restaurant Association v. City of Berkeley case, no city can ban the use of natural gas in new construction. The City of Santa Clara’s Climate Action Plan is based, in part, on a natural gas ban. Based on discussions with the air quality consultant, Illingworth & Rodkin, Inc. (I&R), David J.
Powers & Associates have determined I&R will need to update the Air Quality and Greenhouse Gas (GHG) Assessment, dated May 2023, as follows:
o Model both the original Tasman East Specific Plan (TESP) and the increment of new growth from the TESP update using the newer California Emissions Estimator model (CalEEMod) Version 2022 for both natural gas and all electric;
o Adjust the model to account for the inclusion of electric vehicles at a greater rate than previously assumed due to the Advanced Clean Cars Phase 2 regulation.
• The results of the modeling will be provided in the form of a technical memorandum. This will require project management and coordination time between David J. Powers and I&R.
• Sub-Task 3.2 – Traffic Analysis Update: The additional traffic analysis requested by the City (along with the GHG technical memorandum) will need to be incorporated into the Draft Subsequent Environmental Impact Report (EIR), which will require additional, in-house staff time. This will require project management and coordination time between David J. Powers and Fehr & Peers.
Contingency:
To ensure the consultant team can continue to support the City of Santa Clara as additional tasks arise, a contingency of $30,000 is also added . This amount would be available for use at the discretion of the City.
Docusign Envelope ID: E3D22156-9825-4718-9B51-FE284E161619 Amendment No. No. 6 to Agreement/Perkins + Will, Inc. TESP SB2 Page 5 Rev. 10/25/2019
Revised Exhibit B
Fee Schedule
1. Fees
1.1. For the additional services described in the Sixth Revised Exhibit A, the cost of said services are as follows:
Contractor Amount
Perkins + Will Task 1 $21,280
Perkins + Will/ Fehr & Peers Task 2 $19,000
David J. Powers Task 3 $22,064
SUBTOTAL AMENDMENT NO. 6 $62,344
Contingency $30,000
TOTAL AMENDMENT NO. 6 $92,344
Original Agreement Not-To-Exceed $759,425
Amendment No. 1 $194,870
Amendment No. 2 $186,587
Amendment No. 3 $45,550
Amendment No. 4 $275,000
Amendment No. 5 $0
REVISED NOT-TO EXCEED AMOUNT $1,553,776
¹Strategic Economics services are on-call and should their services be required any payments would come from the contingency amount.
2. MAXIMUM COMPENSATION
2.1. The maximum compensation the City will pay Contractor for all services provided under this Agreement shall not exceed One Million Five Hundred Fifty-Three Thousand Seven Hundred Seventy-Six Dollars ($1,553,776) during the Term of the Agreement.
Docusign Envelope ID: E3D22156-9825-4718-9B51-FE284E161619 City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-163 Agenda Date: 4/21/2026
REPORT TO COUNCIL
SUBJECT
Action on a Resolution of Intention for Parking Maintenance District No. 122 - Franklin Square
BACKGROUND
Parking Maintenance District No. 122 (PMD 122) was formed in 1965 for the parking lots, arcades, fountains, sidewalks, landscaping, irrigation, lights, and utilities within Franklin Square, which is bounded by Benton Street, Homestead Road (formerly known as Liberty Street), Monroe Street, and Jackson Street. There have been several changes in how maintenance and operation costs have been collected over the years. In 2002, the City Council passed a motion at a public hearing in which the City assumed all future costs for operation and maintenance, and in May 2003 adopted Resolution 7026. Under the collection method contained in Resolution 7026, the property owners contribute annually to pay for capital repairs of the parking lot and associated walkways. The fixed annual contribution from the property owners totals $14,200, less the earned interest on the accumulating balance. The City, through the General Fund, is responsible for covering the costs for annual maintenance and operations of PMD 122 and that has continued to be the arrangement through the present day. The City Council approved a Resolution Approving the Levy of Benefit Assessment upon the City of Santa Clara Parking Maintenance District No. 122 - Franklin Square in FY 2025/26, so contributions from the property owners were collected.
DISCUSSION
Adoption of the proposed resolution is the initial step necessary to set the annual budget for PMD 122. The approval process requires the preparation of a Director’s Report (Attachment 1) explaining the preparation and basis of assessments; publication and posting of a Notice of Public Hearing (Attachment 2); and holding a public hearing on the annual assessments. Following approval of the subject Resolution of Intention (Attachment 3), each property owner will be sent a letter containing the proposed FY 2026/27 assessment and details on a June 9, 2026 public hearing to approve the assessments.
Per prior communications and direction from the City Council during the 2025 Priority Setting session, staff from the Department of Public Works (DPW), City Attorney’s Office, and City Manager’s Office have coordinated logistical items associated with initiating a paid parking program at Franklin Square. DPW staff held two meetings with the public, property owners, and tenants about the potential for paid parking. Based on that feedback, staff developed a Request for Proposals (RFP) to perform a Study, however, City Council did not approve funding for the Franklin Square Paid Parking Study at the April 7, 2026 meeting, and elected to stop any further efforts related to paid parking at Franklin Square.
Since PMD 122 is still active and has not been dissolved, the assessments will continue to be brought forward to the City Council annually. The proposed FY 2026/27 assessment to property City of Santa Clara Printed on 4/17/2026Page 1 of 3
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26-163 Agenda Date: 4/21/2026
owners totals $7,329. Accrued interest earned in FY 2024/25 in the amount of $6,871 will be used to reach the $14,200 annual requirement. These funds are placed into an account that generates interest income and are used to pay for capital repair projects as needed. At the close of FY 2024/25, the interest-bearing account contained $178,181.
The proposed FY 2026/27 expenditure budget for PMD 122 routine maintenance and operation is $143,012, which is $3,022 above the FY 2025/26 expenditure budget of $139,990. The full-time equivalent (FTE) position allocated to PMD remains unchanged at 0.50 FTE. The 2.2% increase in the expenditure budget in FY 2026/27 is due to small cost of living adjustments for labor, contractual services, and operating supplies, as well as adjustments to the City’s Cost Allocation Plan (CAP).
The operating budget includes funding for routine maintenance and operation performed by DPW, as well as contractors. This includes regular maintenance for landscaping, trees, public litter cans, and parking lot/walkway sweeping. Routine maintenance and operation of PMD 122 is funded by the General Fund. In FY 2025/26 staff made repairs to several lighting fixtures that were out of service within the parking lots and associated walkways.
In FY 2026/27, staff will be updating parking lot and associated walkway lighting to LED. The final FY 2026/27 expenditure budget includes $87,000 for exceptional maintenance and improvements. The total PMD 122 FY 2026/27 budget of $230,012 includes both routine maintenance, and exceptional maintenance and improvement costs. These capital repairs will be funded by property owner contributions, which will be transferred from the interest-bearing account. Concurrently, DPW is exploring SVP rebates and loan opportunities that could help reduce costs if the project meets eligibility requirements.
Pursuant to the 2002 City Council action, staff is recommending the adoption of the subject Resolution of Intention; setting a public hearing date of June 9, 2026, to approve the Director’s Report for FY 2026/27; and the authorization of the publication and posting of the public hearing. The assessments to the property owners cannot be sent out until the Director’s Report is approved at a public hearing. A conference call with the property owners to discuss these requirements has been scheduled for May 13, 2026. Notices for the public hearing will be sent out following adoption of the subject Resolution of Intention.
Staff has previously provided responses to Council questions about the procedures for modifying and dissolving PMD 122 as well as paid parking. Those reports are included as Attachments 4 and 5.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
FISCAL IMPACT
Approval of the proposed assessment maintains the funding source for future capital repairs to parking lots and walkways located within Franklin Square. The City’s General Fund remains as the funding source for routine maintenance and operating costs for the Downtown Parking Maintenance District. The preliminary proposed FY 2026/27 expenditure budget for Parking Maintenance District No. 122 is $230,012, which is inclusive of the $87,000 of capital repairs funded by property owner City of Santa Clara Printed on 4/17/2026Page 2 of 3
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26-163 Agenda Date: 4/21/2026
assessments and subject to appropriation of funds. If the City Council does not approve charging property owners their portion of the proposed FY 2026/27 assessment of $7,329 as per PMD 122, the property owners will be relieved of this requirement for the fiscal year and will not make any contributions towards future capital repairs.
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Adopt a Resolution of Intention to order that the alternative method for the levy of benefit assessment be made applicable to the City of Santa Clara Parking Maintenance District No. 122;
2. Set a hearing date of June 9, 2026, to approve the Director’s Report FY 2026/27; and
3. Authorize the publication, mailing, and posting of the Notice of Public Hearing as stated in the Resolution of Intention.
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Director’s Report FY 2026/27
2. Notice of Public Hearing
3. Resolution of Intention
4. Agenda Report 22-1672 from January 25, 2022
5. Agenda Report 22-713 from June 21, 2022
City of Santa Clara Printed on 4/17/2026Page 3 of 3
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DIRECTOR'S REPORT
CITY OF SANTA CLARA
PARKING MAINTENANCE DISTRICT NO. 122
FISCAL YEAR 2026/27
April 21, 2026
ASSESSMENT FORMULA
Fiscal Year 2026/27
City of Santa Clara, California
Parking Maintenance District No. 122
The formula upon which the annual assessment levy, for the payment of the costs and expenses of maintaining and operating the improvements, and providing funds for future parking lots and associated walkways, exceptional maintenance and improvements, within Parking Maintenance District No. 122, including the costs and expenses incidental thereto, will be apportioned according to benefits among the several lots or parcels of property within the Maintenance District for the Fiscal Year 2026/27 is as follows:
- Costs and expenses are to be shared between the City and property owners as below:
a. City shall pay for the operation and maintenance cost on a 100% basis. b. Property owners shall pay $14,200 annually, less interest from prior years' property owners operation and maintenance assessments as of June 30, 2002, to be kept in a fund to be used towards future exceptional maintenance and improvements of parking lots and associated walkways and appurtenances.
- Each assessment shall be determined on the basis of the gross floor area of the building located upon the lot or parcel of property assessed. - For the purposes of the formula herein, gross floor area shall mean that area computed from the outside dimensions of the building and not excluding corridors and other design features and aggregated for each additional story or mezzanine floor and any basement area.
DIRECTOR'S REPORT
ASSESSMENT for Fiscal Year 2026/27 City of Santa Clara, California
Parking Maintenance District No. 122
I, Craig Mobeck, Director of Public Works for the City of Santa Clara, California, pursuant to the provisions of Section 16.10.490 of the Code of the City of Santa Clara, hereby make this report and following benefit assessment to cover the costs and expenses of maintaining and operating the improvement within Parking Maintenance District No. 122 of said City, including the costs and expenses incidental thereto, to be paid by said Maintenance District.
The amount to be paid therefor by said Maintenance District for the Fiscal Year 2026/27 is as follows:
Expenditures
As
Preliminarily
Approved
As Finally
Approved
Routine Maintenance & Operation $143,012.00 $
Exceptional Maintenance and Repairs $87,000.00 $ TOTAL COST $230,012.00 $
Funding for FY 2026/27 Expenditures
Exceptional Maintenance & Improvement
From Fund Balance Reserve $87,000.00 $
Contribution from City General Fund (001)
$143,012.00 $
TOTAL
$230,012.00 $
Property Owner Assessment
Owner's Annual Assessment $14,200.00 $
Less Accrued Interest of Owner’s Fund
Balance [$6,871.00]
$
TOTAL NET ASSESSMENT $7,329.00 $
(Goes to Fund Balance Reserve)
And I do hereby assess and apportion the amount said costs and expenses, including the costs and expenses incidental thereto, upon the several lots or parcels of property liable therefor and benefited thereby, in proportion to the benefits to be received by such lots or parcels of property, from the maintenance and operation thereof and more particularly set forth in the list hereto attached and by reference made a part hereof.
Each lot or parcel of land is described in the assessment list by reference to its parcel number as shown on the assessor's maps of the County of Santa Clara for the Fiscal Year 2026/27 to the right of the parcel numbers and include all of such parcel.
Dated:_______________ ________________________________ Craig Mobeck, Director of Public Works
BUDGET
Fiscal Year 2026/27
City of Santa Clara, California
Parking Maintenance District No. 122
Expenditures
As
Preliminarily
Approved
As Finally
Approved
Maintenance & Operation: $143,012.00 $ Labor, materials, supplies, and equipment to maintain Parking
Maintenance District No. 122
including, but not limited to water,
sewer, and electrical costs,
sweeping of parking lots and mall
area, maintenance of pavement,
striping, landscaping, mall fountains,
City supervision (50% of labor and
fringe benefits of Street Maintenance
Worker I).
Exceptional Maintenance and
Improvements of Parking Lots
and Associated Walkways
$87,000.00 $ LED upgrades to lighting within
parking lots and associated
walkways.
TOTAL COST $230,012.00 $
Funding for FY 2026/27 Expenditure
Owner's Reserve for
Exceptional Maintenance &
Improvement Fund Balance: [$87,000.00] $
Contribution from City
General Fund (001): [$143,012.00] $
Owner's Annual
Assessment $14,200.00 $
Less Accrued Interest on
Owners' Fund Balance: [$6,871.00] $
Total Net Assessment:
$7,329.00
$
ASSESSMENT
Fiscal Year 2026/27
City of Santa Clara, California
Parking Maintenance District No. 122
Name & Address of Owner
Assessor's
Parcel
Number
(2) As
Finally
Confirmed
(1) As
Preliminarily
Approved
Gross Floor
Area (sq. ft.)
% of Total
Floor Area
Green Valley Corporation
777 N. First Street, 5th Floor
San Jose, CA 95112
269-22-111 $ $1,532.28 13,305.22 20.907
Ramiro Hermosillo Trust
3121 Riddle Rd.
San Jose, CA 95117
269-22-110 $ $ 810.07 7,034.13 11.053
John DeMartini Trustee & Et al.
P.O. Box 3460
Los Altos, CA 94024
269-22-108 $ $ 980.47 8,513.76 13.378
David DeLozier Trustee
1162 Carmel Way
Santa Clara, CA 95050
269-22-098 $ $ 857.49 7,445.88 11.700
Thomas Hui and Yifeng Teng Trustee Et al.
5719 Dimas Court
Pleasanton, CA 94566
269-22-103 $ $ 159.77 1,387.35 2.180
Alice May-Wan Chan
20015 Bella Vista
Saratoga, CA 95070
269-22-102 $ $ 92.20 800.59 1.258
Ross L. Peterson Et al.
822 Comstock Drive
Folsom, CA 95630
269-22-105 $ $ 230.79 2,004.02 3.149
ASSESSMENT
Fiscal Year 2026/27
City of Santa Clara, California
Parking Maintenance District No. 122
Name & Address of Owner
Assessor's
Parcel
Number
(2) As Finally
Confirmed
(1) As
Preliminarily
Approved
Gross Floor
Area (sq. ft.)
% of Total
Floor Area
Robert Freitas Et al.
255 Washington Street
Milpitas, CA 95035
269-22-104 $ $ 191.73 1,664.82 2.616
Gillmor Properties LLC
1201 Franklin Mall
Santa Clara, CA 95050
269-22-113 $ $ 247.80 2,151.67 3.381
Mitchell-Ruffo LLC
16200 Greenwood Lane
Monte Sereno, CA 95030
269-22-106 $ $ 918.54 7,976.00 12.533
Vitarelli Family LP
925 Circle Drive
Santa Clara, CA 95050
269-22-101 $ $ 253.95 2,205.13 3.465
Vitarelli Family LP
925 Circle Drive
Santa Clara, CA 95050
269-22-100 $ $ 142.04 1,233.34 1.938
Gillmor Properties LLC
1201 Franklin Mall
Santa Clara, CA 95050
269-22-115 $ $ 693.98 6,026.07 9.469
Gillmor Properties LLC
1201 Franklin Mall
Santa Clara, CA 95050
269-22-114 $ $ 217.89 1,892.02 2.973
TOTAL
$ $7,329.00 63,640.00 100%
I, the Assistant City Clerk of the City of Santa Clara, hereby certify that the foregoing assessment in the amounts set forth in Column (2) unless Column (2) is blank, in which event the amounts in Column (1) apply, was approved and confirmed by the City Council of said City on , 2026.
__
Nora Pimentel, MMC
Assistant City Clerk
City of Santa Clara
City of Santa Clara
Notice of Public Hearing Regarding the Levy of Benefit Assessment Applicable to the Santa Clara Parking Maintenance District No. 122, and Approval of Distribution of Director’s Report Fiscal Year 202 6/27
NOTICE IS HEREBY GIVEN that the Director of Public Works has requested a report, in writing, to be prepared and filed with the City Clerk, which provides the basis for the levy of benefit assessments for the costs of maint
enance and operation on all lots or parcels of property within said maintenance district. Said report sets forth the am
ounts to be provided in the budget for maintenance and operation; a description of each lot or parcel of property in the maintenance district, by a legal description, assessor's parcel number or other description sufficient to identify the same; and the amount of assessment to be levied for the fiscal year 2026/27 against each lot or parcel of property. Said report is open to public inspection.
Said report will be heard by the City Council at its regularly scheduled meeting to be held on Tuesday, June 9, 2026, at 7:00 p.m., or as soon thereafter
as the matter may be heard in chambers and virtually as the location, at which time said Council will examine said report and hear all persons interested therein. Any interested owner, objecting to the
amount of the assessment on any lot or parcel of property owned by him, may file with the City Clerk at or before the hour fixed for hearing a protest, in writing, signed by him, describi ng the lot or parcel of property so that it may be identified, and stating the grounds of his/her protest, and may appear at said hearing and be heard in regard thereto.
The C
ity of Santa C lar a is conducting City Council m eeti ngs in a hybrid manner (in-person and continues to have methods for the public to participate remotely).
• Via
Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306
o Phone 1(669) 900-6833
How to Submit Written Public Comment Before City Council Meeting:
1. Use the eComment tab located on the City Council Agenda page https://santaclara.legistar.com/Calendar.aspx. eComments are directly sent to the iLegislate application used by City Council and staff and become part of the public record.
eComment closes 15 minutes before the start of a meeting.
2. By email to
[email protected] by 12 p.m. the day of the meeting. Those emails will be forwarded to the Council and will be uploaded to the City Council Agenda as supplemental meeting material. Emails received after the 12 p.m. cutoff time up through the end of the meeting will form part of the meeting record. Please identify the Agenda Item Number in the subject line of your email. NOTE: Please note eComments and Emails received as public comment will not be read aloud during the meeting.
Americans with Disabilities Act (ADA): In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qua lified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activiti es. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.
Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1-408-615- 2220 with your request for an alternative format copy of the agenda or other written materials.
Individuals who require an auxiliary aid or service for effective communication, or any other disability- related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.
Please see the above- mentioned options citizens may participate in the upcoming hearing. Submit written and/or oral comments directly to the City Clerk, 1500 Warburton Avenue, Santa Clara, California, 95050; telephone 408-615-2220.
Nora Pimentel, Assistant City Clerk
Resolution of Intention for Alternative Method for the Levy of Benefit Assessment to PMD No. 122 Page 1 of 5 Rev: 7/27/2023
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, OF INTENTION
TO ORDER THAT THE ALTERNATIVE METHOD FOR THE LEVY OF BENEFIT
ASSESSMENT BE MADE APPLICABLE TO CITY OF SANTA CLARA PARKING MAINTENANCE DISTRICT NO. 122, PROVIDING FOR NO TICE OF HEARING THEREON, APPROVING THE DIRECTOR’S REPORT FOR DISTRIBUTION, AND PROVIDING FOR NOTICE OF HEARING ON DIRECTOR’S REPORT FOR FISCAL YEAR 2026/27
WHEREAS, pursuant to Sections 10107 and 10108 of Chapter 2, Division 12 of the Streets and Highways Code of the State of California, and Chapter 26 of Part 3 of Division 7 of said Code, all as provided in Chapter 16.10 of the Code of the City of Santa Clara, on the 30th day of March, 1965, this Council adopted its Resolution No. 1581, a Resolution creating "City of Santa Clara Parking Maintenance District No. 122" (“Parking Maintenance District”) in the City for the purpose of paying the costs and expenses of acquiring, constructing, reconstructing, installing, extending, enlarging, repairing, improving, maintaining and operating public automobile parking places, covered pedestrian lanes and walkways, fountains, and landscaping therein then existing or thereafter to be constructed in and for the Parking Maintenance District, and of benefit to said maintenance district, but not of benefit to the City of Santa Clara as a whole, including the cost of necessary repairs, replacements, water, fuel, power, gas, electric current, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions, improvements and enlargements thereto which may thereafter be made;
WHEREAS, said proceedings provided that this Council shall, in addition to all other taxes, annually fix and levy a special assessment tax upon the real property (land and improvements) within the Parking Maintenance District as therein provided, sufficient to raise a determined amount of money to pay all or part of said costs of maintenance and operation; WHEREAS, the Council shall decide whether or not the costs of maintenance and operation of said public improvements shall be borne wholly or partially by the property owners within said Resolution of Intention for Alternative Method for the Levy of Benefit Assessment to PMD No. 122 Page 2 of 5 Rev: 7/27/2023
Parking Maintenance District;
WHEREAS, on the 8th day of April, 1980, this Council adopted its Ordinance No. 1401 providing for an alternative method for annually fixing and levying a special benefit assessment within maintenance districts within the City for said purpose; WHEREAS, on the 16th day of January, 1996, this Council adopted its Resolution No. 6105 ordering that seventy-five (75%) percent of the costs and expenses of maintaining and operating said public improvements beginning with fiscal year 1996-97, within the Parking Maintenance District, including the cost of necessary repairs, replacements, water, fuel, power, gas, electric current, care, supervision and any and all other items necessary for the proper maintenance and operation thereof shall annually be assessed either partly or wholly upon the lots and parcels of property within the Parking Maintenance District benefited thereby in accordance with the formula set forth, and that the City shall be responsible for the balance of the costs and expenses;
WHEREAS, on June 26, 1996, sufficient Ballots were received to approve the continuation of the Parking Maintenance District;
WHEREAS, on the 9th day of July, 2002, this Council, after a public hearing on the determination of the allocation of maintenance and operation costs and annual assessments, passed a motion wherein, due to the benefit to the public and the City of the improvements, the City assumed all future costs for operation and maintenance of Parking Maintenance District No. 122 and the property owners would contribute $14,200 annually, less earned interest on the accumulating balance, to pay for capital repairs of the parking lots and associated walkways; WHEREAS, procedures of approval require the preparation of a Report on how the assessments were prepared and based, notice of hearing, and public hearing on the annual assessments;
WHEREAS, this Council intends to order an alternative method by which annual assessment levies for the payment of said costs and expenses will be apportioned according to special Resolution of Intention for Alternative Method for the Levy of Benefit Assessment to PMD No. 122 Page 3 of 5 Rev: 7/27/2023
benefits among the several lots or parcels of property within the Parking Maintenance District pursuant to Section 16.10.490 and 16.10.500 of the Code of the City of Santa Clara; WHEREAS, the City’s Director of Public Works has made and filed with the City Clerk a written report (“Report”) setting forth the budget, the formula for the annual assessment levy, a description of each lot or parcel of property to be assessed and the amount of the assessment to be levied against each lot or parcel of property in accordance with said formula; and WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that neither said report, nor any part thereof requires or should be modified in any respect.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That this Council hereby determines that the costs and expenses of the maintenance and operation of the public automobile parking places, covered pedestrian lanes and walkways, fountains and landscaping within the City of Santa Clara Parking Maintenance District No. 122 cannot be appropriately financed pursuant to Sections 10107 and 10108 of Chapter 2, Division 12 of said Streets and Highways Code, and Chapter 26 of Part 3 of Division 7 of said Code, all as provided in Section 16.05.050 of the Code of the City of Santa Clara. This Resolution is therefore adopted and proceedings are being taken pursuant to Section 16.10.490 and Section
16.10.500 of said Code of the City of Santa Clara to provide for an alternative method for the levy of benefit assessments for said purposes.
2. That it is the intent of this Council to order that an amount of $14,200 less any earned interest on accumulated balance, is needed annually to be assessed towards the costs of capital repairs of the parking lots and associated walkways and thereof shall annually be assessed either partly or wholly upon the lots and parcels of property within said maintenance district benefited thereby in accordance with the formula set forth, and that the City shall be responsible for the costs and expenses of maintaining and operating said public improvements within the Parking Maintenance District, including the cost of necessary repairs, replacements, water, fuel, Resolution of Intention for Alternative Method for the Levy of Benefit Assessment to PMD No. 122 Page 4 of 5 Rev: 7/27/2023
power, gas, electric current, care, supervision and any and all other items necessary for the proper maintenance and operation.
3. That a statement of the formula upon and by which annual assessment levies for the payment of said costs and expenses will be apportioned according to benefits among the several lots or parcels of property within said maintenance district is as follows:
A. Each assessment shall be determined on the basis of the gross floor area of the building located upon the lot or parcel of property assessed.
B. For the purposes of the formula herein, gross floor area shall mean that area computed from the outside dimensions of the building and not excluding corridors and other design features and aggregated for each additional story or mezzanine floor and any basement area.
4. That the City’s Director of Public Works has caused to be prepared and filed with the City Clerk a written report, which provides the basis for the levy of benefit assessments for said capital repairs of the parking lots and associated walkways, and the cost of maintenance and operation on all lots or parcels or property within the Parking Maintenance District. Said report sets forth the amounts to be provided in the budget for maintenance and operation, a description of each lot or parcel of property in the maintenance district, by a legal description, assessor's parcel number or other description sufficient to identify the same, and the amount of assessment to be levied for the fiscal year 2026/27 against each lot or parcel of property. The City Council directs the City Clerk to make the report open to public inspection.
5. NOTICE IS HEREBY GIVEN that Tuesday the 9th day of June, 2026 at the hour of 7:00 p.m. at the regular meeting place of the City Council in the Council Chambers at City Hall, 1500 Warburton Avenue, Santa Clara, California, be fixed as the time and place when and where this Council will hear any and all objections in relation to said alternative method for the levy of benefit assessments and said formula and when and where this Council will examine said report and hear all persons' interest therein. Any interested owner objecting to said alternative method Resolution of Intention for Alternative Method for the Levy of Benefit Assessment to PMD No. 122 Page 5 of 5 Rev: 7/27/2023
for the levy of benefit assessments or to said formula or to the amount of the assessment on any lot or parcel of property owned may file with the City Clerk at or before the hour fixed for hearing an objection, describing the lot or parcel of property owned so that it may be identified, and stating the grounds of objection, and may appear at said hearing and be heard with regard thereto.
6. NOTICE IS HEREBY GIVEN that Wednesday, the 13th day of May, 2026 at the hour of 4:00 p.m. through 4:30 p.m. a teleconference meeting will be hosted by Colleen Trostle, Acting Department of Public Works Deputy Director to present and discuss the Director's Report.
7. No written ballots are required to be completed and returned.
8. The City Clerk is hereby authorized and directed to a) post a copy of notice of hearing on or near the Council Chamber door or any bulletin board in or adjacent to the City Hall, and b) publish once in a newspaper of general circulation, and c) mail notice to all property owners located within the District.
9. 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 _________, 2026, 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. Director’s Report FY 2026/27
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1672 Agenda Date: 1/25/2022
REPORT TO COUNCIL
SUBJECT
Update on Discussions with Parking Maintenance District No. 122 - Franklin Square (PMD 122) Property Owners Regarding Council’s Request to Explore Increased Contributions for Operations and Maintenance Costs
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
Parking Maintenance District No. 122 (PMD 122) was formed in 1965 for the parking lots, arcades, fountains, sidewalks, landscaping, irrigation, lights, and utilities within Franklin Square, which is bounded by Benton Street, Homestead Road (formerly known as Liberty Street), Monroe Street, and Jackson Street. There have been several changes in how maintenance and operations costs have been collected over the years and in 2002 the City Council passed a motion at a public hearing in which the City assumed all future costs for operation and maintenance and in May 2003 adopted Resolution 7026. Under the collection method contained in Resolution 7026, the property owners contribute annually to pay for capital repairs of the parking lot and associated walkways. The fixed annual contribution from the property owners totals $14,200, less the earned interest on the accumulating balance. The accumulated balance in the account is $144,887 as of October 2021.
The City, through the General Fund, is responsible for covering the costs for annual maintenance and operations of PMD 122 and that has continued to be the arrangement through the present day. In FY 2021/22, the City budgeted $138,163 to cover the day-to-day maintenance of PMD 122.
On several occasions Council has discussed the allocation of PMD 122 costs because the City pays for all of the day-to-day maintenance and there was sentiment by some members of the Council that the property owners should pay some of these costs, similar to how PMD 122 was funded prior to 2003. On May 4, 2021, Council directed staff to engage PMD 122 property owners and discuss opportunities for reallocating operations and maintenance costs more equitably between the City and property owners since costs have increased since 2003. Later in this report, the State law process for administering PMD 122 is provided but, in short, any change requires a favorable voter outcome of those impacted by the assessment. It should be noted that regardless of changes to the funding allocations in the PMD, the City is responsible for the upkeep and maintenance of the City-owned improvements at Franklin Square. Absent changes to the funding allocations, only changes to the level of service of upkeep and maintenance could reduce the City’s share of the annual maintenance cost.
DISCUSSION
Staff developed a plan to implement this request which included property owner coordination and City of Santa Clara Printed on 6/8/2022Page 1 of 4
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22-1672 Agenda Date: 1/25/2022
engagement, a survey, and follow up with Council.
Property Owner Engagement July 2021
All PMD 122 property owners were contacted and invited to a virtual meeting on July 12, 2021. At this meeting, staff summarized the background of the past and current PMD 122 cost sharing arrangements and the direction from the Council to engage property owners to see if they are amenable to paying a portion of the operations and maintenance costs which have risen over the last 19 years. The property owners conveyed some of their concerns about PMD 122 and were encouraged to propose funding alternatives for consideration and ask questions. A copy of the minutes from the July 12 meeting was distributed to all the property owners following the meeting and can be viewed in Attachment 1.
Survey
Following the meeting, staff developed a series of survey questions designed to gauge property owners’ amenability to contributing to the annual maintenance. In general, the purpose of the survey was to gauge the property owners’ willingness to shift a portion of the PMD 122 operations and maintenance costs to the property owners. A virtual meeting was scheduled for October 21, 2021 to review the draft survey questions with the property owners to ensure that everyone understood the questions and to receive suggestions prior to finalizing the survey and sending it out. Prior to the meeting, the City was contacted by David DeLozier who indicated that the property owners had been discussing this item and were not in support of changing the current cost allocations included in PMD 122. Mr. DeLozier indicated that the property owners would be submitting a petition that would also include the merchants.
Property Owner and Merchant Petition
The property owners and merchants circulated a petition for no changes to PMD 122, which was signed by all the property owners and most of the merchants. The signed petition (Attachment 2) was submitted to staff on October 19, 2021 which made it clear that a survey was not necessary to gauge PMD property owners’ interest in financially contributing to operations and maintenance.
Property Owner Engagement October 2021
All PMD 122 property owners were contacted and invited to a virtual meeting on October 21, 2021.
The initial purpose of the meeting was to review proposed survey questions developed by staff to ensure that the property owners understood the questions and to get their input to see if any of the language needed to be modified to make the questions more clear. At the end of the meeting it was determined that due to the petition from the property owners, there was no need to proceed with the survey. Staff discussed next steps with the property owners in attendance and indicated a report would be prepared for Council at a meeting to take place in early 2022. A copy of the minutes from the October 21 meeting can be viewed in Attachment 3.
During prior meetings, Council had raised questions about the procedures for modifying and dissolving PMD 122. Staff has included the information on both of those processes below.
Process for Modifications to PMD 122
Any decision by the Council to increase the assessment (e.g., to increase the property owners’ share of operation, maintenance, and capital costs or to modify the formula used to calculate the amount of the assessment levied on any individual parcel) must follow the assessment balloting procedure required by Proposition 218. That procedure consists of three basic steps:
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22-1672 Agenda Date: 1/25/2022
(1) Notice to Property Owners - Mailed notice of the proposed modification to the 11 property owners within PMD 122. The notice must contain the following information: the total amount to be assessed across PMD 122; the amount chargeable to each parcel individually; the duration of the payments; the basis upon which the assessment was calculated; the date, time, and location of the public hearing on the proposed modification; and a ballot on which the owner can indicate support for or opposition to the proposed modification. (2) Public Hearing - At least 45 days after the date of the mailed notice, the Council must hold a public hearing to consider protests and tabulate the ballots on the proposed assessment. (3) Ballot Tabulation - Ballots are weighted according to the proportional financial obligation of the affected property. For PMD 122, the assessments are calculated based on the gross floor area of the building(s) on each parcel and therefore the ballots would be weighted accordingly.
If the ballots submitted in opposition exceed the ballots submitted in support, then the City may not impose the modified assessment.
Process for Dissolving PMD 122
Proposition 218 does not govern the dissolution of PMD 122 because dissolution has the effect of eliminating, rather than increasing, the assessment. Therefore, only the City Code and Streets and Highways Code would apply. Under those laws, dissolution is not subject to the approval of property owners within the district. The Council can dissolve the maintenance district by: (1) adopting a resolution of intention to dissolve the district; (2) between 10 and 30 days later, conducting a public hearing on the dissolution; and, (3) adopting a resolution dissolving the district. A resolution dissolving the district would only need a simple Council majority to pass. If Council votes to dissolve PMD 122, extraordinary maintenance activities can continue to utilize PMD 122 assessment funds until the balance is exhausted. After the funds are exhausted the City would be required to fund the extraordinary maintenance in its entirety.
Staff notes that as a practical matter, dissolution would merely eliminate the property owners’ assessments as a funding source for capital improvement costs. Dissolution would not relieve the City’s responsibility for upkeep and maintenance of the City-owned improvements at the Franklin Square Mall. As such, the Council direction to determine how property owners pay more for services offered through PMD 122 would not be achieved.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
There is no fiscal impact associated with this report.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website City of Santa Clara Printed on 6/8/2022Page 3 of 4
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22-1672 Agenda Date: 1/25/2022
and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> .
RECOMMENDATION
Note and file this informational report.
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. July 12, 2021 minutes from meeting with PMD 122 property owners
2. Signed petition
3. October 21, 2021 minutes for meeting with PMD 122 property owners City of Santa Clara Printed on 6/8/2022Page 4 of 4
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-713 Agenda Date: 6/21/2022
REPORT TO COUNCIL
SUBJECT
Informational Report Regarding Council’s Request to Explore Alternatives to Fund Operations and Maintenance Costs for Parking Maintenance District No. 122 - Franklin Square
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
Parking Maintenance District No. 122 (PMD 122) was formed in 1965 for the parking lots, arcades, fountains, sidewalks, landscaping, irrigation, lights, and utilities within Franklin Square, which is bounded by Benton Street, Homestead Road (formerly known as Liberty Street), Monroe Street, and Jackson Street. There have been several changes in how maintenance and operations costs have been collected over the years and in 2002 the City Council passed a motion at a public hearing in which the City assumed all future costs for operation and maintenance and in May 2003 adopted Resolution 7026. Under the collection method contained in Resolution 7026, the property owners contribute annually to pay for capital repairs of the parking lot and associated walkways. The fixed annual contribution from the property owners totals $14,200, less the earned interest on the accumulating balance. As of December 31, 2021, the interest-bearing account contained $145,305.
The City, through the General Fund, is responsible for covering the costs for annual maintenance and operations of PMD 122 and that has continued to be the arrangement through the present day. In FY 2022/23, the City proposed a budget of $137,521 to cover the day-to-day maintenance of PMD 122.
On several occasions Council has discussed the allocation of PMD 122 costs because the City pays for all of the day-to-day maintenance and there was sentiment by some members of the Council that the property owners should pay some of these costs, similar to how PMD 122 was funded prior to 2003. On May 4, 2021, Council directed staff to engage PMD 122 property owners and discuss opportunities for reallocating operations and maintenance costs more equitably between the City and property owners since costs have increased since 2003. Staff completed that request and on January 25, 2022, a summary report was provided to Council, (RTC 22-1672, Attachment 1), explaining that the property owners were not in favor of changing the cost allocations of PMD 122.
DISCUSSION
At the Council Meeting on April 19, 2022, there was additional discussion on the topic of increasing PMD 122 costs, so the property owners contribute towards the annual operation and maintenance costs of Franklin Square. Council requested that staff explore alternative funding mechanisms that may assist the City in recovering money for annual maintenance and operations and return to Council with that information. As discussed in the background section staff already spent time working with the property owners over the course of several months. There are no additional options City of Santa Clara Printed on 1/30/2023Page 1 of 3
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22-713 Agenda Date: 6/21/2022
to increase contributions since the property owners already expressed to the City that they are not interested in an increase, and increases cannot be assessed unless the property owners agree by ballot. One other option that came up during the April 19, 2022 Council meeting involved the concept of implementing paid parking at Franklin Square.
Currently, the City of Santa Clara does not operate paid parking areas and any consideration of changing to paid parking at Franklin Square would require a study that includes items such as:
· Evaluating on street parking and parking lots that are part of Franklin Square · Obtaining parking counts
· Conducting outreach events with business owners, tenants, adjacent neighborhoods and public
· Evaluating different paid parking strategies and cost ranges · Analyzing options for designing, installing, and maintaining paid parking equipment · Reviewing enforcement strategies and potential costs
· Preparing a financial analysis of improvement costs, maintenance costs, paid parking revenues and potential profits
· Assessing potential impacts to on street parking in adjacent neighborhoods Staff estimates a study like the effort described above could cost up to $150,000 and could take approximately 18 months to complete. The funding source for this effort would be the General Fund so if there is a Council desire to move forward with this type of study then it should be discussed and prioritized during the City’s Priority Setting Session.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
There is no fiscal impact associated with this report.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the
public information desk at any City of Santa Clara public library.
RECOMMENDATION
Note and file this informational report.
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22-713 Agenda Date: 6/21/2022
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Agenda Report 22-1672 from January 25, 2022
City of Santa Clara Printed on 1/30/2023Page 3 of 3
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-164 Agenda Date: 4/21/2026
REPORT TO COUNCIL
SUBJECT
Adoption of a Resolution of Intention for Maintenance District No. 183 - Santa Clara Convention Center Complex
BACKGROUND
In April 1980, the City Council adopted an ordinance providing an alternative method for annually fixing and levying a special benefit assessment for the maintenance districts in the City of Santa Clara. That ordinance (SCCC Section 16.10.490) was required because Proposition 13 prohibited the City from continuing its prior practice of assessing maintenance costs based upon assessed value.
The ordinance requires that an annual report is prepared for each maintenance district, which would set the budget for the ensuing year and the formula for the annual assessment levy, and provide a description of each property, including the amount of assessment to be levied against each lot.
The original lease agreements between the Redevelopment Agency of the City of Santa Clara, Santa Clara Convention Hotel Limited Partnership (Hotel), and SCCC Associates II (Techmart) provided for the formation of the District. These agreements also served to apportion the funds necessary to maintain and operate the common improvements serving the Convention Center, Hotel, and Techmart. Hudson Techmart Commerce Center L.L.C. currently owns Techmart, Hyatt Regency Santa Clara is the current Hotel owner, and the Convention Center building is owned by the City of Santa Clara. Each of these three parties is responsible for a share of the FY 2026/27 maintenance assessment, which is set by the annual budget.
In June 1986, Council Adopted Resolution 5081 that formed the Santa Clara Convention Center Complex - Maintenance District 183 (MD 183) and established the mechanism for funding maintenance and operations on an annual basis. There are three components of this annual funding.
The first component is the overall cost of maintaining and operating the general infrastructure consisting of things such as pavement, sidewalk, walkways, covered walkways, signs, landscaping etc. The cost for maintaining these items is allocated as follows: 39.64 percent to the City of Santa Clara (City), 22.94 percent to the Hyatt Regency Hotel (Hyatt) and 37.42 percent to Hudson Techmart Commerce Center LLC (Techmart). The second component includes the cost of maintaining and operating permanent parking controls such as fixed signage, electronic signage and other parking- related equipment. The cost for these items is allocated at 30.04 percent to the City, 22.12 percent to the Hyatt, and 47.84 percent to Techmart.
The third and final component includes the overall costs for maintaining and operating temporary parking controls such as movable barriers, temporary parking attendants and guards, adjustable gates, and signage. The cost for these items is allocated at 78.72 percent to the City, 10.64 percent to the Hyatt, and 10.64 percent to Techmart.
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26-164 Agenda Date: 4/21/2026
DISCUSSION
The annual assessment for MD 183 maintains common improvements including, but not limited to, surface and structural parking areas (parking garage), landscaping, roadway, pedestrian bridges, space frames, fountains, and exterior lighting. In addition to the costs of maintaining and operating the common improvements, the proposed total cost includes expenses related to the City’s cost to administer the District, insurance, and utilities.
City staff prepared a draft Director’s Report for FY 2026/27 (Attachment 1), which shows the formula for the annual assessment levy, parcel descriptions, and amount of assessment to be levied against each parcel. Based on that report, the total FY 2026/27 annual budget for MD 183 is $2,543,225, which will be funded through the City ($1,163,014), Hyatt ($534,093), and Techmart ($846,118). The report has been delivered to each property owner in the District, and a copy has been filed with the City Clerk’s Office. Discussions between staff, property owners and all interested tenants were conducted via email correspondence and at a meeting held on March 3, 2026. A second meeting was held to continue discussions about the Director’s Report on April 7, 2026.
The Director’s Report for FY 2026/27 shows an annual budget increase this year due to a large project to refinish the waterproof coating on the third level of the garage. The property owners discussed the approach to funding this project and concurred to complete it in phases over the next six years. Each of those years is expected to have a similar increase as the total project is estimated at approximately $2.5 to $3 million. The property owners decided to phase this into a multi-year project as opposed to completing it in a single year due to budget concerns.
In conjunction with preparing the report, the Council is required to hold a public hearing, prior to which a Notice of Public Hearing (Attachment 2) will be posted and published in the Santa Clara Weekly. As recommended in this report, a Resolution of Intention for Maintenance District No. 183 for FY 2026/27 (Attachment 3) has been prepared and sets June 9, 2026 as the public hearing date. If the Council approves the budget on June 9, the confirmed assessments will be sent out by the City for collection.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment
.
FISCAL IMPACT
The total FY 2026/27 maintenance cost for Maintenance District No. 183 is estimated at $2,543,225 which will be funded by the MD 183 partners. Approval of the assessment would result in the City collecting $1,380,211 in revenue from the Hotel and Techmart to fund the maintenance of common improvements at the Convention Center Complex. The balance of the cost $1,163,014, would be funded by the City’s General Fund as the owner of the Convention Center building. The funding will be included in the FY 2026/27 Proposed Operating Budget.
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
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26-164 Agenda Date: 4/21/2026
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.
On April 22, 2026, the Notice of Public Hearing for the June 9, 2026 Council meeting will be published in the Santa Clara Weekly. In addition, the notice will be posted at the City Clerk’s Office and mailed to all property owners within the District.
RECOMMENDATION
1. Adopt a Resolution of Intention to order that the alternative method for the levy of benefit assessment be made applicable to the Santa Clara Convention Center Complex Maintenance District No. 183;
2. Set a hearing date of June 9, 2026 to approve the Director’s Report FY 2026/27; and
3. Authorize the publication, mailing, and posting of the Notice of Public Hearing as stated in the Resolution of Intention.
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Director’s Report FY 2026/27
2. Notice of Public Hearing
3. Resolution of Intention
4. Proposed Assessment FY 2026/27
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DIRECTOR’S REPORT
CITY OF SANTA CLARA
SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
FISCAL YEAR 2026/2027
4/21/26
COUNCIL APPROVED: (proposed June 9, 2026)
Director of Public Works/City Engineer
2 SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
City of Santa Clara, California
SPECIAL BENEFIT ASSESSMENT for Fiscal Year 2026/2027
DIRECTOR'S REPORT
The Director of Public Works/City Engineer of the City of Santa Clara, California, pursuant to the provisions of Section 16.10.490 of the Code of the City of Santa Clara, hereby make s this report and the following special benefit assessment to cover the costs and expenses of maintaining and operating the improvements within Santa Clara Convention Center Complex Maintenance District No. 183 of said City, including the costs and expenses incidental thereto, to be paid by said Maintenance District.
The amount to be paid therefore by said Maintenance District for the Fiscal Year 2026-27 is as follows:
As Finally Confirmed
Maintenance and Operations $2,128,225
Permanent Parking Controls $15,000
Reserve for Dynamic Parking Controls $400,000
Exceptional Improvements $0
Funds Advanced by and to be Repaid to City $0
TOTAL COST $2,543,225
Less Amount of Surplus From Prior Years:
Convention Center $0
Hyatt Corporation - A Delaware Limited Liability Corporation $0 Hudson Techmart Commerce Center L.L.C $0
Amount of Reserves: $0
Amount of Contribution: $0
BALANCE OF ASSESSMENT $2,543,225
And I do thereby assess and apportion the amount of said costs and expenses, including the costs and expenses incidental thereto, upon the several lots or parcels of property liable therefore and specially benefited thereby, in proportion to the benefits to be received by each lot or parcel of property, from the maintenance and operation thereof and more particularly set forth in the list hereto attached and by reference made a part hereof.
Each lot or parcel of land is described in the assessment list by reference to its parcel number as shown on the assessor's maps of the County of Santa Clara for Effective Roll Year 2026-27 to the right of the parcel numbers and include all of such parcel.
I hereby certify to the best of my professional knowledge and experience that each of the identified benefiting properties located within the District receives a special benefit over and above the benefits conferred to the public at large and that the amount of the assessment is proportional to the benefits specially received or enjoyed by each parcel or property within the District.
Date: ___________________________ _____________________________________________ Director of Public Works
City of Santa Clara
3 SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
City of Santa Clara, California
SPECIAL BENEFIT ASSESSMENT for Fiscal Year 2026-27
DIRECTOR'S REPORT
TABLE 1. BUDGET
Category Estimated
Cost Description Of Category
Maintenance and
Operation
$2,128,225 Labor, materials, supplies and equipment to maintain and operate Maintenance District No. 183 including,
but not limited to water, sewer, electrical and other
utility costs, sweeping of parking lots, maintenance of pavement and sidewalks, pavement striping, signs,
fountains, landscaping, storm drains, lighting, space
frames, parking structure, bridges, other common
improvements, City supervision and management of
maintenance district, insurance, contingencies, and
incidental expenses.
Permanent Parking
Controls
$15,000 Labor, materials, supplies and equipment to maintain and operate fixed directional signs, electronic signs,
automatic vehicle counting devices, cashiering
stations, ticket printer, dispensers, card readers, cashier booths, including regularly scheduled parking
attendants and guards.
Dynamic Parking
Controls
$400,000 Labor, materials, supplies and equipment to maintain and operate movable barriers and barrier placement,
special parking attendants and guards, implementation
of adjustable gates, special directional signs, and
implementation of electronic signs.
Exceptional
Improvements
$0 Special improvement project benefiting special parcel.
Funds Advanced by
and to be Repaid to
City
$0 For deficits which occurred in prior years
TOTAL COST $2,543,225
Less Amount of Surplus From Prior Years:
City of Santa Clara $0
Hyatt Regency Hotel Santa Clara $0
Hudson Techmart Commerce Center L.L.C $0
Amount of Reserves: $0
Amount of Contribution: $0
BALANCE OF ASSESSMENT $2,543,225
4 SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
City of Santa Clara, California
SPECIAL BENEFIT ASSESSMENT for Fiscal Year 2026-27
DIRECTOR'S REPORT
TABLE 2. PROPERTY OWNERS TO BE ASSESSED
Name & Address of Owner
Assessor's
Parcel
Number
As
Preliminarily
Approved
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Santa Clara Convention Center (Convention
Center)
104-55-017 $1,163,014
Hyatt Corporation as agent of IA Lodging Santa
Clara TRS, L.L.C dba Hyatt Regency Santa Clara
Erin Henry – General Manager
5101 Great America Parkway
Santa Clara, CA 95054
(Hotel)
104-55-005
104-55-012
$534,093
Hudson Techmart Commerce Center L.L.C
Rebecca Agbuya, Senior Director
2055 Gateway Place, Suite 200
San Jose, CA 95110
(Techmart)
104-55-013 $846,118
TOTAL $2,543,225
Also Send Copy of Director’s Report To:
Hyatt Regency Santa Clara
Erin Henry – General Manager
5101 Great America Parkway
Santa Clara, CA 95054
Hudson Techmart Commerce Center L.L.C
Rebecca Agbuya, Senior Director
2055 Gateway Place, Suite 200
San Jose, CA 95110
5 SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
City of Santa Clara, California
SPECIAL BENEFIT ASSESSMENT for Fiscal Year 2026-2027
DIRECTOR'S REPORT
TABLE 3. BUDGET/ASSESSMENT COMPARISON
Budget for Fiscal Year 2025-2026 Budget for Fiscal Year 2026-2027 Total
Assessment
Reduced by
Proportion
From Prior
Year’s Surplus
Net Assessment Total
Assessment
Reduced by
Proportion
From Prior
Year’s Surplus
Net Assessment
City of Santa Clara
(Convention Center)
$940,109 $0 $940,109 $1,163,014 $0 $1,163,014
Hyatt Regency Hotel
Santa Clara
$409,460 $0 $409,460 $534,093 $0 $534,093
Hudson Techmart Commerce
Center L.L.C
$643,656 $0 $643,656 $846,118 $0 $846,118
TOTAL $1,993,225 $0 $1,993,225 $2,543,225 $0 $2,543,225
6 SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
City of Santa Clara, California
SPECIAL BENEFIT ASSESSMENT for Fiscal Year 2026-2027
DIRECTOR'S REPORT
TABLE 4. FORMULA FOR ASSESSMENT LEVY
Category Estimated
Expenditure
City of Santa Clara
(Conv. Center)
Hyatt Regency
Hotel Santa Clara
Hudson Techmart
Commerce Center
39.64% 22.94% 37.42%
I. Maintenance and Operations $2,128,225
$843,628 $488,215 $796,382
30.04% 22.12% 47.84%
II. Permanent Parking Controls $15,000 $4,506 $3,318 $7,176
78.72% 10.64% 10.64%
III. Dynamic Parking Controls $400,000 $314,880 $42,560 $42,560
IV. Exceptional Improvements $0 $0 $0 $0
V. Funds Advanced by/to be Repaid to City $0 $0 $0 $0
VI. Surplus Funds from Prior Year $0 $0 $0 $0
TOTAL ASSESSMENT $2,543,225 $1,163,014 $534,093 $846,118
4I:\MD #183 Convention Center\Assessments\2026April\MD#183 Director's Report 26-27Apr.doc Notice of Public Hearing #183 2026.doc
City of Santa Clara
Notice of Public Hearing Regarding the Levy of Benefit Assessments Applicable to the Santa Clara Convention Center Maintenance District No. 183, and Approval of Distribution of Director's Report Fiscal Year 2026-27
NOTICE IS HEREBY GIVEN that the City Council of the City of Santa Clara has determined and fixed its regularly scheduled meeting of June 9, 2026 at 7:00 p.m., or as soon thereafter as the matter may be heard in chambers and virtually as the location, date and time to conduct a public hearing to consider the passage of a resolution as follows: "a Resolution of the City of Santa Clara, California, approving the levy of benefit assessment upon the Santa Clara Convention Center Complex Maintenance District No. 183, and approving, confirming and adopting Director’s Report for Fiscal Year 2026-2027.”
The purpose of the public hearing is to provide City staff with an opportunity to present the City Council and the public with information concerning the proposed assessments ($1,380,211 total) to the property operators, to pay towards maintenance repairs of the Santa Clara Convention Maintenance District No. 183 and the proposed determination of the City to pay all of the remaining costs ($1,163,014) for routine maintenance and operation of the property and improvements of the Santa Clara Maintenance District No. 183. A total of 3 operators pay for the assessments. The public may submit written comments prior to, or make oral presentations, at the public meeting.
The City of Santa Clara is conducting City Council meetings in a hybrid manner (in -person and continues to have methods for the public to participate remotely).
• Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306
o Phone 1(669) 900-6833
How to Submit Written Public Comment Before City Council Meeting:
1. Use the eComment tab located on the City Council Agenda page https://santaclara.legistar.com/Calendar.aspx). eComments are directly sent to the iLegislate application used by City Council and staff, and become part of the public record. eComment closes 15 minutes before the start of a meeting.
2. By email to [email protected] by 12 p.m. the day of the meeting. Those emails will be forwarded to the Council and will be uploaded to the City Council Agenda as supplemental meeting material. Emails received after the 12 p.m. cutoff time up through the end of the meeting will form part of the meeting record. Please identify the Agenda Item Number in the subject line of your email. NOTE: Please note eComments and Emails received as public comment will not be read aloud during the meeting.
Americans with Disabilities Act (ADA): In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individu als with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide ap propriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.
Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1 -408-615-2220 with your request for an alternative format copy of the agenda or other written materials.
Individuals who require an auxiliary aid or service for effective communication, or any other disability - related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408 -615-3000 as soon as possible but no later than 48 hours before the scheduled event.
Please see the above-mentioned options citizens may participate in the upcoming hearing. Submit written and/or oral comments directly to the City Clerk, 1500 Warburton Avenue, Santa Clara, California, 95050; telephone 408-615-2220.
Nora Pimentel, Assistant City Clerk
Resolution of Intention for MD No. 183 for FY 2026-27 and Set Public Hearing for June 9, 2026 Page 1 of 5 Rev: 7/27/2023
RESOLUTION NO. __________
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA OF INTENTION TO ORDER THAT THE
ALTERNATIVE METHOD FOR THE LEVY OF BENEFIT
ASSESSMENT BE MADE APPLICABLE TO CITY OF SANTA
CLARA CONVENTION CENTER COMPLEX MAINTENANCE
DISTRICT NO. 183, PROVIDING FOR NOTICE OF HEARING
THEREON, APPROVING THE DISTRIBUTION OF THE
DIRECTOR’S REPORT, AND PROVIDING FOR NOTICE OF
HEARING ON DIRECTOR’S REPORT FOR FISCAL YEAR 2026-
27 WHEREAS, pursuant to Chapter 16.10 of "The Code of the City of Santa Clara, California” ("City Code"), the City Council of the City of Santa Clara, California ("Council") adopted Resolution No. 5081 on June 3, 1986, creating "City of Santa Clara Convention Center Complex Maintenance District No. 183" ("District") in the City of S anta Clara, California ("City").
Resolution No. 5081 also ordered that the costs and expenses of maintaining and operating the on-site public improvements ("Public Improvements") on the property within the District, including the cost of necessary repairs , replacements, fuel, power, electrical current, care, supervision and any and all other items necessary for the proper maintenance and operation of the Public Improvements be raised by the levy of an annual special benefit assessment apportioned according to special benefits conferred among the parcels of property within the District in accordance with a formula set forth in Resolution No. 5081, and in accordance with and pursuant to the provisions for the alternative method for the levy of benefit assessm ents in maintenance districts in the City as provided in the City Code; WHEREAS, the Council adopted Ordinance No. 1401 on April 8, 1980, which provided for an alternative method for annually fixing and levying a special benefit assessment within maintenance districts located in the City for said purpose; WHEREAS, in the opinion of this Council, the annual costs of maintenance and operation of the Public Improvements shall be appropriately financed pursuant to the provisions of Ordinance No. 1401 and Resolution No. 5081 and related provisions of the City Code; Resolution of Intention for MD No. 183 for FY 2026-27 and Set Public Hearing for June 9, 2026 Page 2 of 5 Rev: 7/27/2023
WHEREAS, pursuant to the provisions of Resolution No. 5081, the City's Director of Public Works has made and filed with the City Clerk a written report ("Director’s Report") setting forth the budget, t he formula for the annual assessment levy, a description of each lot or parcel of property to be assessed and the amount of the assessment to be levied against each lot or parcel of property in ac cordance with said formula for Fiscal Year 2026-27. The cost s of operation, maintenance, and servicing of improvements to be funded by the District are apportioned to each parcel in proportion to the special benefit it receives; WHEREAS, City Staff met with the affected property owners on March 3 and April 7, 2026 to discuss the Director’s Report;
WHEREAS, Articles XIIIC and XIIID of the California Constitution (Proposition 218) requires majority approval of the property owners within the District for any increase in the rate used to calculate the assessment or chan ges in the methodology by which the assessment is calculated, if that change increases the amount of the assessment imposed on any person or parcel;
WHEREAS, the Director’s Report, Ballot, and public hearing notice are to be sent out at least 45 days in advance of the public hearing to all property owners, and any tenants within the District who are responsible for paying each assessment;
WHEREAS, in the event of an assessment that is greater than any previous assessment, a majority weighted vote of the Bal lots (weighting determined by an amount of assessment paid), must be received in order to approve any proposed increase in assessment; WHEREAS, for Fiscal Year 2026-27, the assessments are increasing and therefore, Proposition 218 requirements do apply; and
WHEREAS, the Council has duly considered the Director’s Report and finds that it is sufficient and does not require modification.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
Resolution of Intention for MD No. 183 for FY 2026-27 and Set Public Hearing for June 9, 2026 Page 3 of 5 Rev: 7/27/2023
1. That the recitals set forth above are true and corre ct and by this reference , the Council makes them a part hereof.
2. That the public interest and convenience require and this Council hereby orders that the costs and expenses of acquiring, constructing, reconstructing, installing, extending, enlarging, repairing, improving, maintaining and operating the Public Improvements now existing or hereafter to be constructed in and for the District which benefit the District as a whole, including the cost of necessary repairs, replacements, water, fuel, power, gas, electric current, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and of all additions, improvements and enlargements thereto which may hereafter be made, be raised by an annual special benefit asse ssment in accordance with and pursuant to the provisions for the alternative method for the levy of benefit assessments in maintenance districts in the City, as provided in Section 16.10.490 and Section 16.10.500 of the City Code, on all lots or parcels of property within the District.
3. That the costs and expenses of maintaining and operating the Public Improvements within the District shall annually be assessed, either partly or wholly, upon the benefited lots and parcels of property within the District by apportioning the costs and expenses according to benefits in proportion to the special benefits received by each lot or parcel of property within the District in accordance with the formula set forth in EXHIBIT "B" of Resolution No. 5081.
4. That the Ci ty Manager caused a budget to be prepared for the costs of the expenses of maintaining and operating the Public Improvements during fiscal year 2026-27 and the Director of Public Works prepared and filed a Director’s Report with the City Clerk which provid es the basis for the levy of benefit assessments for the cost of maintenance and operation on all lots or parcels of property within the District.
5. NOTICE IS HEREBY GIVEN that on Tuesday, June 9, 2026 at 7:00 p.m., at its regular meeting place in the Cou ncil Chambers at City Hall, 1500 Warburton Avenue, Santa Clara, California, the Council will hold a public hearing during which it will hear any and all evidence Resolution of Intention for MD No. 183 for FY 2026-27 and Set Public Hearing for June 9, 2026 Page 4 of 5 Rev: 7/27/2023
and protests relating to said alternative method for the levy of benefit assessments and said formula for the District , and if the assessment is greater than any previous assessment, certify any ballots received and determine any weighted vote necessary, examine said Director’s Report and hear all persons interested therein. Any interested property owner, who objects to the alternative method for the levy of benefit assessments, the formula, or to the amount of the assessment on any lot or parcel of property owned by him/her, may file a signed written protest with the City Clerk before the commencem ent of the Council meeting during which the public hearing will be held, describing the lot or parcel of property owned by him/her so that it may be identified and stating the grounds of his/her protest. The property owner may appear at the hearing and be heard with regard to his/her protest.
6. The City Clerk is hereby authorized and directed to a) post a copy of notice of hearing on or near the Council Chamber door or any bulletin board in or adjacent to the City Hall and b) publish a copy of notice of hearing at least once in a newspaper of general circulation, pursuant to City Code Section 16.10.490(p).
7. The Director of Public Works is hereby authorized and directed to give notice of said hearing by mailing a copy of this Resolution of Intention and Di rector's Report, postage prepaid to record owners of any lot or parcel of property subject to a benefit assessment to pay said costs of maintenance and operation, as determined by the last assessment roll. This Resolution will be available for public inspection in the City Clerk's office; and said mailing shall be done at least forty-five (45) days, and posting and publication shall be completed not less than ten (10) days, prior to the date fixed (June 9, 2026) for the hearing.
Resolution of Intention for MD No. 183 for FY 2026-27 and Set Public Hearing for June 9, 2026 Page 5 of 5 Rev: 7/27/2023
8. 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 _________, 2026, 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. Director’s Report FY 2026/27
City of Santa Clara
Proposed FY 2026-2027
Assessment
RTC #26-164
REPORT TO COUNCIL
SUBJECT
Proposed Assessment for the Santa Clara Convention Center Complex, Maintenance District No.183
Proposed FY 2026-27 Assessment
Entity Amount Less Prior
Years’
Surplus
Total
City of Santa Clara (Convention Center): $1,163,014 (0) $1,163,014 Hyatt Regency Hotel Santa Clara: $534,093 (0) $534,093
Hudson Techmart Commerce Center LLC $846,118 (0) $846,118 TOTAL $2,543,225 $2,543,225
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-223 Agenda Date: 4/21/2026
REPORT TO COUNCIL
SUBJECT
Action on a Resolution Acknowledging Receipt by City Council of a State-Mandated Compliance Report on Required Annual Fire Inspections of Certain Occupancies, and Approving Alignment of the SB 1205 Report With Annual Discussion of the Municipal Fee Schedule
BACKGROUND
Senate Bill 1205 (SB 1205), enacted in September 2018 in the wake of the December 2016 Oakland “Ghost Ship” fire, is a key California measure that strengthens fire safety oversight and public accountability for higher-risk occupancies by amending the California Health and Safety Code.
Authored by Senator Jerry Hill, the legislation was intended to address gaps in inspection consistency, documentation, and visibility of compliance so that similar tragedies are less likely to occur.
SB 1205 establishes a clear statewide framework requiring local fire authorities (city, county, city- county departments, and fire protection districts) to complete and document annual fire and life safety inspections for defined high-risk occupancies, including specified educational and residential settings.
It also requires these agencies to prepare and submit an annual compliance report summarizing inspection activity and compliance status. Importantly, the report must be formally received and acknowledged by the local administering authority, such as the City Council, during discussions of annual budgets, or another designated public session (Resolution - Attachment 1), ensuring inspection compliance and resource needs are addressed as part of transparent local governance. A summary of the Health and Safety Code amendments is provided in Attachment 2.
The intent of SB 1205 is to improve transparency, elevate oversight, and reinforce accountability in fire prevention enforcement. By pairing inspection requirements with public reporting and governing- body acknowledgment, the statute helps keep community stakeholders informed, highlights unmet inspection obligations, and supports informed budget and staffing decisions needed to close compliance gaps and support sustained, long-term compliance.
DISCUSSION
Senate Bill 1205 and the applicable Health and Safety Code amendment underscore the essential role of fire inspections in protecting community safety and well-being, particularly in higher-risk occupancies (Attachment 3) where vulnerabilities can have severe consequences. These inspections are proactive measures that identify and reduce hazards before they escalate into emergencies, with a focus on preventing fires, supporting safe evacuation, and ensuring that critical building and life- safety features remain reliable. By protecting lives, property, and the environment, fire inspections remain a cornerstone of broader community risk reduction efforts. They also promote education, increase public awareness, and strengthen preparedness by reinforcing safe practices among building operators and occupants, helping reduce losses during emergencies, and supporting a City of Santa Clara Printed on 4/17/2026Page 1 of 3
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26-223 Agenda Date: 4/21/2026
lasting culture of safety.
This legislation reassures residents and stakeholders that the administering authority is committed to protecting lives, property, and overall community well-being. The formal reporting process also creates a clear record of inspection activity and compliance status, helps inform resource planning and budgeting discussions, and reinforces confidence that fire safety standards are being consistently maintained. This structure supports continuous improvement by identifying trends, prioritizing corrective actions, and ensuring compliance gaps are addressed to support long-term compliance.
The Fire Department’s Community Risk Reduction Division reports a 100% completion rate for all required mandated inspections during calendar year 2025. This includes inspections of all 31 Educational (K-12 Schools) Occupancies and 1,239 Residential Occupancies (apartments, hotels, motels, residential care facilities, and similar uses), as summarized below. This achievement underscores the Fire Department’s steadfast commitment to community safety, adherence to legislative mandates, and the highest standards of fire safety enforcement. 2025 Inspection Status Report
Occupancy Type Inspections
Required
Inspections
Completed
% Complete
Educational Occupancies - K-
12th Grade - Public and Private
Schools
31 31 100%
Residential Occupancies - R-1, R
-2, R-2.1 & R4
1,239 1,239 100%
Appendix A of the California Building Code (Attachment 3) is attached as a reference for Occupancy Classifications and Use Definitions of any of the occupancies noted above.
Because the City has moved to a biennial operational budget model, the City’s model does not perfectly align with the requirement in Health & Safety Code 13146.4(b) that this report be brought forward in conjunction with annual budget discussions. The statute does allow a City to approve a different timing. Therefore, the Department requests, on a going-forward basis, alignment of this annual inspection report with the annual discussion of the Municipal Fee 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(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
As specifically authorized under the Health and Safety Code, the costs associated with providing these state-mandated inspection services in the Fire Operating Budget are fully offset by inspection fees adopted in the Municipal Fee Schedule. This ensures that the Fire Department’s Community Risk Reduction Division can fulfill its inspection obligations while minimizing any impact on the General Fund.
City of Santa Clara Printed on 4/17/2026Page 2 of 3
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26-223 Agenda Date: 4/21/2026
COORDINATION
This report has been coordinated with the Finance Department, City Attorney’s Office, and the City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Adopt a Resolution acknowledging receipt of a report made by the Fire Chief of the Santa Clara Fire Department regarding the inspection of certain occupancies requiring annual inspections in such occupancies pursuant to sections 13146.2, 13146.3, and 13146.4 of the California Health and Safety Code and approving alignment of the SB 1205 report with annual discussion of the Municipal Fee Schedule.
Reviewed by: Ruben Torres, Fire Chief
Approved by: City Manager’s Office
ATTACHMENTS
1. Resolution 2026 SB 1205 - DRAFT
2. Senate Bill 1205 - Amendment to Health and Safety Code §13146.4
3. Appendix A, California Building Code - Occupancy Classification and Use Definitions City of Santa Clara Printed on 4/17/2026Page 3 of 3
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Resolution/Required Reporting of Annual Fire Inspections Page 1 of 2 Rev: 7/27/2023
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
ACKNOWLEDGING RECEIPT OF A REPORT FROM THE FIRE
CHIEF OF THE SANTA CLARA FIRE DEPARTMENT REGARDING
THE INSPECTION OF CERTAIN OCCUPANCIES REQUIRING
ANNUAL INSPECTIONS PURSUANT TO SECT IONS 13146.2 ,
13146.3, AND 13146.4 OF THE CALIFORNIA HEALTH AND
SAFETY CODE.
WHEREAS, Senate Bill 1205 (California Health & Safety Code Section 13146.4) became effective on September 27, 2018 and requires all fire departments, including the Santa Clara Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3; and, WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 requires all fire departments, including the Santa Clara Fire Department, that provide fire protection services to perform annual inspections in every building used as an educational facility (K-12 public and private schools) and certain residential occupancies (hotels, motels, lodging houses, apartment houses, and buildings and structures accessory thereto); and,
WHEREAS, the City Council intends this Resolution to fulfill the requirements of the California Health & Safety Code Section 13146.4 regarding acknowledgment of the Santa Clara Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and 13146.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the City Council expressly acknowledges the measure of compliance of the Santa Clara Fire Department with California Health and Safety Code Sections 13146.2, 13146.3, and 13146.4 in the area encompassed by the City, as follows:
A. EDUCATIONAL GROUP E OCCUPANCIES:
Educational Group E occupancies generally include public and private schools that are used by more than six persons at any one time for educational purposes through the 12th grade. Within Resolution/Required Reporting of Annual Fire Inspections Page 2 of 2 Rev: 7/27/2023
the City of Santa Clara, there are 31 Group E occupancies, buildings, structures, and or facilities subject to this reporting.
During calendar year 2025, the Santa Clara Fire Department completed the required annual inspection of all 31 Group E occupancies, buildings, structures, and or facilities. This represents a compliance rate of 100.00 percent for this reporting period.
B. RESIDENTIAL GROUP R OCCUPANCIES:
Residential Group R occupancies, for the purposes of this resolution, are those occupancies containing sleeping units and include hotels, motels, apartments, and similar uses with three units or more. These occupancies typically house residents or guests for extended or overnight stays and are a core focus of the mandated inspection program due to life safety risks associated with sleeping occupants. Within the City of Santa Clara, there are 1,239 Group R occupancies of this nature, inclusive of applicable sub-categories.
During calendar year 2025, the Santa Clara Fire Department completed the required annual inspection of all 1,239 Group R occupancies, buildings, structures, and or facilities. This represents a compliance rate of 100.00 percent for this reporting period.
2. The presentation of the annual report fulfilling the requirements of the California Health & Safety Code Section 13146.4 regarding acknowledgment of the Santa Clara Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and 13146.3 shall align with the City Council’s annual discussion of the Municipal Fee Schedule.
Resolution/Required Reporting of Annual Fire Inspections Page 3 of 2 Rev: 7/27/2023
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 _________, 2026, 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. California Building Code - Occupancy Classification and Use Definitions
2. Senate Bill No. 1205 – Amendment to Section 13146.4 to the Health and Safety Code
Senate Bill No. 1205
CHAPTER 854
An act to add Section 13146.4 to the Health and Safety Code, relating to fire protection.
[Approved by Governor September 27, 2018. Filed with
Secretary of State September 27, 2018.]
legislative counsel ’s digest
SB 1205, Hill. Fire protection services: inspections: compliance reporting.
Existing law requires the chief of any city or county fire department or district providing fire protection services and his or her authorized representatives to inspect every building used as a public or private school within his or her jurisdiction, for the purpose of enforcing specified building standards, not less than once each year, as provided. Existing law requires every city or county fire department or district providing fire protection services that is required to enforce specified building standards to annually inspect certain structures, including hotels, motels, lodging houses, and apartment houses, for compliance with building standards, as provided.
This bill would require every city or county fire department, city and county fire department, or district required to perform the above-described inspections to report annually to its administering authority, as defined, on the department’s or district’s compliance with the above-described inspection requirements, as provided. The bill would require the administering authority to acknowledge receipt of the report in a resolution or a si milar formal document. To the extent this bill would expand the responsibility of a local agency, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1. Section 13146.4 is added to the Health and Safety Code, to read:
13146.4. (a) Every city or county fire department, city and county fire department, or district required to perform an annual inspection pursuant
93 STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL J
Ch. 854 — 2 —
to Sections 13146.2 and 13146.3 shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3. (b) The report made pursuant to subdivision (a) shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority.
(c) The administering authority shall acknowledge receipt of the report made pursuant to subdivision (a) in a resolution or a similar formal document.
(d) For purposes of this section, “administering authority” means a city council, county board of supervisors, or district board, as the case may be.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
93 Appendix A
Occupancy Classification & Use Definitions (2025 California Building & Fire Codes)
Occupancy Type Definition
Educational Group E Occupancy includes, among others, the use of a building or structure, or a portion thereof, by more than six persons at any one time for educational purposes through the 12th
grade. This group also includes child-care facility buildings and structures, or portions thereof occupied by more than six children 36 months of age and older who receive
educational, supervision or personal care services for fewer than 24 hours per day.
Residential Group R-1 Residential occupancies containing sleeping units where the occupants are primarily transient in nature such as hotels, motels, and congregate residences, & boarding houses with more than 10 occupants.
Residential Group R-2 Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature such as apartment houses, congregate residence (with more than 16 occupants), boarding houses, convents, Dormitories, fraternities, sororities, monasteries, hotel (nontransient), live/work units, motels (nontransient), vacation timeshare properties.
Residential Group R-2.1 Buildings, structures or parts thereof housing clients, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment that provides personal care services such as residential care facilities, group homes, and halfway houses. This occupancy may contain more than six non-ambulatory and/or bedridden clients.
Residential Group R-4 Residential Group R-4 occupancies shall include buildings, structures or portions thereof for more than six ambulatory clients, but not more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised residential
environment and receive custodial care, such as residential care facilities,
group homes, and halfway houses.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-330 Agenda Date: 4/21/2026
REPORT TO COUNCIL
SUBJECT
Action to Authorize the City Manager to (1) Execute Amendment No. 1 to the Substation Agreement with 1220 Santa Clara Propco, LLC for the Memorex Junction Substation and (2) Negotiate and Execute Amendments to Other Existing Customer Substation Agreements to Allow for Load Ramp Acceleration and/or Additional Capacity, Subject to Power Availability and Incorporation of Standardized Terms for Curtailment and Other Conditions
BACKGROUND
On May 5, 2022, the City and 1220 Santa Clara Propco, LLC (Customer) entered into a Substation Agreement (Substation Agreement), pursuant to City Council authorization under RTC 22-1704, for the (1) delivery of electrical power to Customer’s data center located at 1200 Memorex Drive (Property) and the (2) development of infrastructure for the delivery of that power, including the construction of Memorex Junction Substation. Under the Substation Agreement, the City agreed to provide power to the Property pursuant to a load ramp schedule, with capacity increasing incrementally to a maximum of 31 MVA by 2027.
Customer desires additional electric capacity with an accelerated load ramp, and the City is willing to accommodate Customer, subject to terms of the proposed amendment.
DISCUSSION
Proposed Amendment No. 1 to 1220 Santa Clara Propco, LLC Substation Agreement As previously communicated to the City Council, Silicon Valley Power (SVP) is experiencing significant load growth. To address this demand, SVP is upgrading its facilities and coordinating with the California Independent System Operator (CAISO) through the transmission planning process. In parallel, SVP has been developing innovative approaches to bring large-load customers online while continuing to protect residential and small commercial customers. The proposed amendment reflects one such approach.
The proposed amendment increases the available electric capacity to the Customer from 31 MVA to 77 MVA. SVP will provide new electric capacity pursuant to a revised load ramp, culminating in 77 MVA by July 2031, subject to the completion of System Capacity Improvement Facilities and other terms of the proposed amended agreement. The System Capacity Improvement Facilities include the following: (1) the Battery Energy Storage System (BESS) Project, (2) PG&E’s Series Compensation Project, (3) LS Power’s Newark - Northern Receiving Station (NRS) 230kV line, (4) SVP’s Kifer Receiving Station (KRS) 115 kV upgrade, (5) SVP’s Northern Receiving Station (NRS) upgrade, (6) SVP’s Scott Receiving Station (SRS) 115 kV upgrade, and (7) the completion of SVP’s new NRS- KRS 115 kV line.
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26-330 Agenda Date: 4/21/2026
The proposed amendment provides SVP curtailment control of Customer’s feeder breakers on the Property. SVP will exercise this curtailment control as needed in order to maintain grid reliability in accordance with standard operating practices. The Customer’s equipment will be integrated into SVP’s Supervisory Control and Data Acquisition (SCADA) system, providing the utility with real-time visibility and command capabilities. Customer will pay all costs for required upgrades to their system in connection with the curtailment control.
This level of curtailment control will give SVP more streamlined, responsive operational control of the grid, aligned with real-time system conditions. This protects all SVP residential and commercial customers and provides large load customers with the potential for accelerated load ramps.
The proposed amendment also includes (1) revised electric capacity reduction language in the event Customer failure to use its allocation, (2) clarification regarding the timing and amount of the load development fee payment c, (3) waiver of consequential damages provisions, and (4) other administrative revisions to bring the agreement closer in line with SVP’s standardized terms. It is important to note that the Customer will pay load development fees at current levels to offset its impact to SVP’s grid. Additional capacity will not be made available to the Customer unless these fees are paid.
Note: City Council approval of this Amendment will implement the conditional approval of a settlement agreement with the Customer that the City Council acted on in closed session at their April 7, 2026, Council meeting.
Other Substation Agreement Amendments
There are several large load customers that may be interested in exploring amendments to their substation agreements to possibly accelerate their current load ramps and increase capacity. If the City Council approves the proposed amendment with the Customer, Staff is also requesting that the City Council delegate the authority to the City Manager to negotiate and execute separate amendments to existing substation agreements with other customers. SVP intends to engage approximately five (5) existing customers and evaluate whether the customer is eligible for any accelerated load ramp and/or additional capacity, subject to any SVP or California Independent System Operator grid limitations. Any amendment will contain curtailment control provisions and other language similar to that for the amendment with 1220 Santa Clara Propco, LLC. Again, this protects all SVP residential and commercial customers from, among other things, system interruptions and provides large load customers with the potential for accelerated load ramps. The amendments will also include standardized SVP substation agreement terms. Like 1220 Santa Clara Propco, LLC, these customers will also be required to pay load development fees at current levels which will ensure that their grid impacts are properly mitigated.
These proposed amendments and authorizations provide innovative and flexible tools to meet the needs of its large load customers while safeguarding the integrity of SVP’s grid and maintaining its availability to all customers.
Flexible Load Interconnection Program
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26-330 Agenda Date: 4/21/2026
For informational purposes, SVP is currently developing a Flexible Load Interconnection Program (“FLIP”) to better manage large loads in a manner that is less disruptive to SVP and its customers. It is envisioned that FLIP will be a voluntary program open to large load customers who execute an amended substation agreement that includes the curtailment provision. A central part of the program will be bi-directional communication between customers and SVP for planned/unplanned events.
Customers will be requested to reduce loads under certain circumstances. If a customer does not reduce sufficiently, SVP will have the option to curtail that customer. FLIP will have several components including the curtailment control provisions outlined in the proposed amendment with 1220 Santa Clara Propco, LLC. SVP has engaged Emerald AI and is currently working on the development of a pilot program with a major customer which will help develop the program’s parameters. Upon the pilot’s completion, SVP will seek additional City Council authority if necessary.
ENVIRONMENTAL REVIEW
The environmental impacts of the Customer’s data center and Memorex Substation were evaluated in accordance with the California Environmental Quality Act (CEQA) under an Environmental Impact Report (EIR), which was adopted by the City Council on November 9, 2021. The proposed amendment does not require substantial changes to the project; therefore, no amendment to the EIR will be required.
As for other substation amendments, load ramps and additional capacity commitments will be subject to applicable CEQA environmental approvals. No amendments will be approved through this authorization if any accelerated load ramps or additional electric capacity would require additional improvements, which would trigger additional CEQA approvals; any such amendments would be brought back for City Council review and approval.
FISCAL IMPACT
The Customer will be charged a Load Development Fee in accordance with the load ramp schedule outlined in the Amendment to the Agreement and the applicable fee set in the Municipal Fee Schedule at the time of invoice issuance. For reference, an increase of 46 MVA, from 31 MVA to 77 MVA, would result in an estimated $28.0 million Load Development Fee, based on the FY 2025/26 Adopted Municipal Fee Schedule. The actual Load Development Fee collected will be dependent on the timing of the load ramp and will be incorporated into the corresponding budget years.
Customer will pay all costs for required upgrades to their system connection with the curtailment control.
COORDINATION
The report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the
public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Authorize the City Manager or designee to execute Amendment No. 1 to the Substation City of Santa Clara Printed on 4/17/2026Page 3 of 4
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26-330 Agenda Date: 4/21/2026
1. Authorize the City Manager or designee to execute Amendment No. 1 to the Substation Agreement by and between the City of Santa Clara, California, and 1220 Santa Clara Propco, LLC, in substantially the form presented, subject to the review and approval as to final form by the City Attorney;
2. Authorize the City Manager or designee to negotiate and execute amendments to existing substation agreements with customers to allow for accelerated load ramps and/or additional capacity and subject to (a) SVP or CAISO grid limitations and (b) the inclusion of curtailment control provisions, revised capacity commitments, and other SVP standardized agreement term, in final forms reviewed and approved by the City Attorney; and
3. Authorize the City Manager or designee to take any and all actions as are necessary or advisable to implement and administer the agreements as amended.
Reviewed by: Nico Procos, Director of Silicon Valley Power Approved by: Jovan D. Grogan, City Manager
ATTACHMENT(S)
1. Substation Agreement with 1220 Santa Clara Propco, LLC
2. Amendment No. 1 to Substation Agreement with 1220 Santa Clara Propco, LLC City of Santa Clara Printed on 4/17/2026Page 4 of 4
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SUBSTATION AGREEMENT
BY AND BETWEEN
THE CITY OF SANTA CLARA, CALIFORNIA
AND
1220 SANTA CLARA PROPCO, LLC
PREAMBLE
This Substation Agreement ("Agreement") is made and entered into on the date last signed by the Parties ("Effective Date") by and between the City of Santa Clara, California, a chartered California municipal corporation ("City") and 1220 Santa Clara PropCo, LLC, a Delaware limited liability company ("Customer"). The City and Customer may be referred to in this Agreement individually as a "Party" or collectively as the "Parties".
RECITALS
A. The City of Santa Clara owns and operates an electric utility, doing business as Silicon Valley Power ("SVP"), and currently provides electric service to Customer at 1200 Memorex Drive, parcel number 224-66-006, in the City of Santa Clara, California ("Premises"), which is shown on Exhibit A attached hereto and incorporated herein, pursuant to standard electric rate schedules authorized by the City Council of the City of Santa Clara;
B. Customer has requested that the City provide 90 MVA of total capacity to meet Customer's anticipated operating needs;
C. City has determined that a new single customer electric substation, which is shown as the area and equipment marked as the Substation Facilities on Exhibit C - attached hereto and incorporated herein with a capacity of 90 MVA, to be known as the Memorex Junction (MJ) ("Substation Facilities"), is required to be built to fulfill its obligations to Customer;
D. City has determined that the Substation Facilities require new 60kV transmission line extensions ("Transmission Facilities") to connect the Substation Facilities to SVP's electrical system.
E. The Parties acknowledge that significant system capacity improvement facilities will be required to provide the capacity of 90 MVA to the Customer. The Parties further acknowledge these system capacity improvements are not fully within their control and may impact the Customer's Available Capacity Schedule. SVP will use commercially reasonable efforts to provide the Customer with the requested Available Capacity as described in the Available Capacity Schedule in Exhibit E attached hereto and this will be the Customer's obligation to utilize the Available Capacity based upon the Available Capacity Schedule in Table E1.
F. The purpose of this Agreement is to set forth the mutual obligations of the Parties with respect to supplying Customer with initial interim electric power and then with permanent capacity and transmission infrastructure for the Premises.
Therefore, in consideration of the foregoing, the Parties agree as follows:
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AGREEMENT PROVISIONS
1. DEFINITIONS
A. "Capacity" is the maximum or peak amount of electric power (electricity) that may be received by Customer for use at a specific point in time and is determined by Transmission System Operating Limits
1. "Available Capacity" is the Capacity depicted in Exhibit E -Available Capacity Schedule and is the maximum Capacity available to be used by the Customer during each year of each Load Phase.
2. "Available Capacity Schedule" the phased schedule by which the City anticipates Capacity requested by Customer will be available. The Available Capacity Schedule is outlined in Exhibit E - Available Capacity Schedule.
3. "Interim Capacity" is the Capacity available from SVP from 12 kV distribution feeders prior to operation of the Substation Facilities
4. "Paid Capacity" is the Capacity for which Customer has paid Load Development Fees. Paid Capacity is greater than or equal to Available Capacity.
5. "Cumulative Paid Capacity" is the Paid Capacity required for the Available Capacity in the Exhibit E -Available Capacity Schedule.
6. "Total Capacity" is the Customer requested maximum MVA capacity and can not exceed 99 MVA. While, the Substation Facilities and Transmission Facilities will be designed to meet Total Capacity, the maximum Capacity available to Customer is Available Capacity for each Load Phase.
B. "Electric Service" is defined in SVP Rules and Regulations No. 1 C - Definitions.
C. "Estimated Duration" in Exhibit D - Project Schedule and Costs is an estimated duration for a set of tasks. This is a best case scenario and does not include potential delays such as weather or force majeure.
D. "Load Development Fee" is the Commercial Facilities Dedicated 60kV Fee in the City of Santa Clara Municipal Fee Schedule. This fee represents the share of costs associated with System Capacity Improvement Facilities required. This fee funds system wide capital expenditures directly related to the addition of infrastructure associated with new load increases and does not include costs directly attributed to Customer's Project. Customer will be obligated to pay the fee based on the City's Municipal Fee Schedule at the time of the invoice.
E. "Load Phase" is depicted in Exhibit D and are the periods for which a specific Available Capacity is in effect and available for Customer to use.
F. "System Capacity Improvement Facilities" are the system improvements required by City to support the Total Capacity requested by Customer. System Capacity Improvement Facilities include projects on SVP's 230kV, 115kV, and 60kV 1220 Santa Clara PropCo, LLC Substation Agreement
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transmission lines, receiving stations, and Pacific Gas & Electric Bulk Electric System Improvements.
2. PROJECT OVERVIEW
A. PROPOSED PROJECT:
The Proposed Project, (PLN2019-14055), was approved at the City Council meeting on November 9, 2021. On November 9, 2021, City Council approved the resolution to adopt the Environmental Impact Report and associated actions for the 1200 Memorex Drive project, including a new substation, equipment yards and onsite improvements.
The Proposed Project is the development of a four-story 472,920 square foot data center building with an attached six-story 87,520 square foot ancillary use office and storage component, for a combined square footage of 560,440, along with the associated electrical substation, paved parking areas and landscaping. The data center building would be approximately 85 feet in height, with additional screening features extending to a height of 99 feet. The data center portion of the building would house computer servers for private clients in a secure and environmentally controlled structure and would be designed to provide 60 megawatts (MW) of information technology (IT) power.
The Proposed Project includes the demolition of the existing historic industrial buildings on-site, and a minor modification to the Zoning Code standards to allow the increased height of 99 feet and a reduction in the zoning code parking standards for a data center.
8. ELECTRIC FACILITIES:
1. Customer will construct electrical Substation Facilities with a capacity of 90 megavolt amps (MVA) on the southeast corner of the Premises near Di Giulio Avenue and Memorex Drive.
2. Customer is also requesting electric power capacity of up to 4.5 MVA from SVP prior to completion of the Substation Facilities ("Interim Phase").
3. City and Customer have agreed that Customer will fund the development and construction of the Substation Facilities and Transmission Facilities ("Substation Development Phase") to serve the Premises.
4. In the course of the development of the Premises, City and Customer will finalize requirements for the interconnection facilities necessary for supplying electrical power within the project ("Connection Phase").
The layout of and requirements for the interconnection facilities shall be complete and agreed upon by the Parties prior to commencement of any construction on the Substation Facilities.
5. The beginning and the ends of these successive phases may overlap. The respective responsibilities and obligations of the City and Customer for each of these phases are more particularly described below.
6. Customer has requested a Total Capacity of 90 MVA. In the event that 90 MVA is not included in Exhibit E -Available Capacity Schedule, SVP and Customer shall meet at least once every two (2) years to consider amendments to this Agreement to modify or extend the Available Capacity 1220 Santa Clara PropCo, LLC Substation Agreement
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Schedule in Exhibit E to increase or decrease Capacity.
3. INTERIM PHASE
A. SVP OBLIGATIONS
To enable Customer to begin construction and operate without interruption until the Substation Facilities are fully constructed and begin operation, Customer will utilize the existing 4.5 MVA of Capacity of Electric Service. Interim Service is provided from one (1) 12 kV distribution feeder at or near the location set forth in the Interim Service diagram attached as Exhibit B.
B. CUSTOMER OBLIGATIONS
Customer acknowledges that up to 4.5 MVA Interim Service requested for the site is the combined allocation for the Premises. Customer shall pay all costs associated with the removal of the Interim Service. Customer shall work with SVP to transfer Customer's existing load from the Interim Service to the new Substation Facilities within three (3) months after energization of the Substation Facilities.
4. SUBSTATION DEVELOPMENT PHASE
A. SVP OBLIGATIONS
1. SVP will provide up to the Available Capacity for Customer's use in each Load Phase as detailed in Exhibit E - Available Capacity Schedule, to the Premises, upon completion of, and served by, the Substation Facilities, Transmission Facilities and required System Capacity Improvement Facilities which include projects on SVP's 230kV, 115kV, and 60kV transmission lines, receiving stations, and Pacific Gas & Electric Bulk Electric System Improvements ("System Capacity Improvement Facilities").
2. As the System Capacity Improvement Facilities completion schedules are not fully controlled by SVP, SVP at its sole discretion may limit Customer and Customer's tenants' Available Capacity until the Capacity is made available to SVP.
3. The initial approved Available Capacity Schedule is identified in Exhibit E.
4. The Parties agree that the Capacity from the Substation Facilities will also be provided pursuant to the Rules and Regulations, applicable Silicon Valley Power Rate Schedules, current Load Development Fees and subject to the completion of any system upgrades necessary to serve the load at the time the load capacity increase is initiated. The 90 MVA of Capacity shall be provided to the Customer at the cost of the Load Development Fee applicable at the time of payment.
5. SVP will make Electric Service available to the Customer, at the Utility Connection Point, from the Substation Facilities and connected to the Premises through the Transmission Facilities. The "Utility Connection Point" for a SVP junction facility is the Customer side of the 60kV disconnect switches located within the Substation Facilities as shown in 1220 Santa Clara PropCo, LLC Substation Agreement
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Exhibit C.
6. SVP will use commercially reasonable efforts to test and commission the Substation Facilities to be able to deliver the Capacity per the Available Capacity Schedule (inclusive of any Interim Service that is transferred to the Substation Facilities) in Table E1 of Exhibit E, at 60 kV, within thirty (30) months after the Effective Date of this Agreement.
7. SVP shall use commercially reasonable efforts to design, construct, test and commission the Transmission Facilities to be able to deliver the Capacity per the Available Capacity Schedule (inclusive of any Interim Service that is transferred to the Substation Facilities) in Table E1 of Exhibit E, within thirty (30) months after the Effective Date of this Agreement.
8. Completion of the Substation Facilities and Transmission Facilities is subject to the following terms:
a) SVP shall own, operate, and maintain all City-owned Substation Facilities and Transmission Facilities, to the Customer's point of connection with SVP.
b) SVP shall own, operate and maintain all City-owned Substation Facilities and Transmission Facilities, SVP control building and all equipment therein, as shown in Exhibit C.
c) The Parties agree to coordinate the design and construction of the Substation Facilities and Transmission Facilities in accordance with the Project Schedule and Costs attached hereto as Exhibit D, to ensure timely completion.
d) SVP shall design the City-owned control building within the Substation Facilities.
e) SVP shall take over the management of the Transmission Facilities once a complete 70% design package has been reviewed and approved.
f) SVP shall keep Customer informed on a regular ongoing basis as to the costs it is incurring associated with the design, construction, testing, commissioning, and completion of the Substation Facilities and Transmission Facilities, including periodic updates to Exhibit D as appropriate. Once preliminary engineering review is complete, SVP will provide Customer with a detailed estimate of SVP project cost to fully complete the Substation Facilities and the Transmission Facilities, including the control building within the Substation Facilities. SVP shall provide Customer with reasonable access to SVP's books and records that substantiate any costs SVP proposes to bill to Customer related to the Substation Facilities and Transmission Facilities.
g) In no way will City be held responsible or subject to any penalty if the Project is not complete by Customer's anticipated or proposed energization date.
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h) The Substation Facilities shall be substantially complete before SVP begins testing and commissioning activities. For purposes of this Agreement, "substantially complete" means that Substation Facilities construction is complete, in accordance with SVP's standards and requirements, and no Customer contractors remain working within the perimeter wall of the Substation Facilities. See Exhibit C for location of perimeter wall. SVP is not obligated to compress its testing and commissioning schedule to meet Customer's anticipated service date.
i) SVP acknowledges that the required interconnection study has been completed and it reflects development and Available Capacity schedules known at that time. SVP will update the Customer on projects and schedules that may impact the Available Capacity feasibility as they become available.
B. CUSTOMER OBLIGATIONS
1. The Customer shall design (with the exception of the City-owned control building), procure, and construct the Substation Facilities, as shown in Exhibit C (Station Plan), to provide 60kV service to the Premises, at its own financial risk, per SVP's standards and requirements.
2. The substation would consist of three (3) 50 MVA transformers. In the event one transformer fails, then the load, not to exceed 90 MVA, would be transferred to the redundant transformer.
3. Completion of the Substation and Transmission Facilities is subject to the following terms:
a) The Substation Facilities shall be for exclusive use of the Customer's building(s) to be constructed on the parcel 224-66-006, as shown on Exhibit A
b) Substation Facilities 60kV bus will be a breaker and half scheme with the complete 60kV junction being constructed to serve the Premises.
c) Customer shall obtain all land use entitlements, and provide any property rights, including easements, to the City, necessary to construct, complete and maintain the Substation Facilities. d) Customer shall be responsible for managing the transmission line design until a 70% design package has been reviewed and approved.
e) Customer shall be responsible for all costs associated with the acquisition of all easements necessary for the Transmission Facilities.
f) Customer shall construct a perimeter wall, marked as "Perimeter Wall" on Exhibit C, which shall create a physical boundary around the Substation Facilities and which is for ensuring the Substation Facilities' security ("Station Perimeter Wall"). The Station Perimeter 1220 Santa Clara PropCo, LLC Substation Agreement
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Wall shall be for the exclusive use of SVP. Only SVP approved signage is permitted on the Station Perimeter Wall. The substation shall have an all-weather asphalt surface underlain by an aggregate base.
g) The Customer shall procure the Substation Facilities control building to comply with SVP's design specifications and requirements. Any changes or substitutions to SVP's design package for the control building must have SVP approval prior to implementation, which approval shall not be unreasonably delayed or withheld. SVP, or SVP's designated representative shall oversee factory acceptance testing of the control building and inspect the control building prior to shipment of the building to the Premises. All deficiencies identified by SVP during the factory inspection visits shall be corrected prior to shipment of the control building to the Premises.
h) Customer-owned control, communication, and protection wiring from the Customer's control building to the marshalling termination cabinet located on Customer side of the demarcation fence, and related equipment, will be owned and maintained by Customer. All control and protection wiring must be clearly identified by Customer per SVP direction to avoid confusion when troubleshooting, maintaining, or repairing City-owned equipment to avoid possible misoperation of any SVP equipment.
i) Customer shall pay the City actual costs per Payment Milestones set forth in Exhibit D. These costs shall include but not be limited to all travel expenses incurred by SVP to perform factory inspections, oversee testing for any equipment purchased by Customer to be turned over for SVP's ownership, and all punch list items necessary to fully integrate the Substation Facilities into SVP's network. Invoiced costs by City shall be due within thirty (30) days of receipt of invoice. Invoices from City shall describe in detail the costs to Customer.
4. Customer must pay a Load Development Fee according to the current applicable fee schedule in the City of Santa Clara Municipal Fee Schedule and the schedule set forth in Exhibit D. The Load Development Fee will be payable 30 days prior to the energization of the additional Electric Service.
5. CONNECTION PHASE
A. SVP OBLIGATIONS
1. Upon completion of the Substation Facilities, Transmission Facilities and System Capacity Improvement Facilities, SVP shall provide the Available Capacity (inclusive of any Interim Service that is transferred to the Substation Facilities) for each Load Phase as detailed in Exhibit E. Such Capacity shall include primary and, as necessary, secondary, services to the Premises.
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2. All electrical equipment installed by Customer upon the Premises for the purpose of, but not limited to, delivery and metering of Customer's Electric Service, shall become the property of SVP. SVP shall own, operate, and maintain the Substation Facilities (including the City-owned control building and all other City-owned equipment) and the Transmission Facilities at its sole cost and expense, in accordance with good utility practices and SVP Rules and Regulations as they may be updated.
B. CUSTOMER OBLIGATIONS
1. SVP and Customer will negotiate and prepare one or more easement agreements providing limited easements on the Premises, as may be required by SVP, to install, operate, and maintain any necessary distribution facilities.
2. Customer shall work with SVP to transfer Customer's existing load from the Interim Service to the new Substation Facilities within three (3) months after energization of the Substation Facilities.
6. LOAD FORECAST AND LOAD DEVELOPMENT FEE PAYMENT SCHEDULE A. The Available Capacity - Table E1 is the agreed upon Available Capacity schedule. Exhibit E may only modified through an amendment to this Agreement or a Capacity Reduction as described in this Section. Customer shall pay Load Development Fees based on the Payment Schedule in Exhibit D.
B. Customer shall provide an annual 10-Year load forecast by month due within 30 days of request by SVP. A template will be provided annually by SVP to complete this process. This forecast will be used to determine Capacity available for use and incorporated into SVP's Transmission Planning Process. SVP may adjust this customer-provided load forecast to meet system capacity requirements. The resulting 10-Year load forecast (which may also be referred to as load ramp schedule) is for transmission planning purposes only and does not modify Exhibit E -Available Capacity Schedule.
C. City will invoice Load Development Fees based on the following schedule:
1. Following execution of this Agreement, City will invoice Customer for Load Development Fees based on 20 MVA. This amount will be reduced by the dollar amount of Load Development Fees paid for Interim Service.
2. Each time that Available Capacity exceeds Cumulative Paid Capacity in Exhibit E - Available Capacity Schedule, City will invoice Load Development Fees in 10 MVA increments based on the current municipal fee schedule rate at time of invoice date.
D. Capacity Reduction:
1. SVP will monitor the Customer's demand at the end of each Load Phase as described in Exhibit E.
2. After the end of each Load Phase, SVP at its sole discretion may reduce Available Capacity and Cumulative Paid Capacity based on Customer's 1220 Santa Clara PropCo, LLC Substation Agreement
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Peak Demand during the last completed Load Phase. The Customer's Peak Demand is calculated as the highest demand average over three (3) consecutive monthly billing periods within each Load Phase. This reduced Available Capacity is calculated as the Customer's Peak Demand plus 15%.
3. SVP shall notify the Customer of any Capacity reduction by means of a Capacity Reduction Notice in substantially the same format as Exhibit F - Sample Capacity Reduction Notice. The Capacity Reduction Notice shall include an updated Exhibit E and such updated Exhibit E shall replace the most recent Exhibit E. Any Load Development Fees paid by Customer for unavailable Capacity that has been reduced pursuant to a Capacity Reduction Notice shall be refunded to the Customer at the rate the Customer paid for such Capacity.
4. If the Available Capacity has been reduced through a Capacity Reduction Notice, and the City issues a refund of Load Development Fees, the Customer acknowledges and agrees that Customer shall have no right to any interest accrued by the entire payment or any amount refunded.
5. If the Available Capacity has been subject to Capacity Reduction at any time during the term of this Agreement and if the Customer's Demand is expected to increase above the reduced Available Capacity, then the Customer may request an amendment to this Agreement including an updated Exhibit E - Available Capacity Schedule. Customer shall provide any supporting information requested by SVP. Such amendment to this Agreement is not to be unreasonably withheld or delayed but is subject to SVP's system capacity limitations.
6. SVP may continue to issue Capacity Reduction Notices by evaluating the highest demand average over (3) three consecutive monthly billing periods during a 5-year window beginning with the end date of the final phase of the currently effective Available Capacity Schedule.
7. When evaluating Customer Peak Demand, SVP may evaluate any anomalies such as needle peaks that may artificially increase peak demand.
E. Customer shall be responsible to operate within the Available Capacity for each Load Phase. In the event of exceedance, the Customer shall pay any penalties, damages, or any other cost associated with Customer's load exceeding the Available Capacity as detailed in Table E1. Such costs include the de energization of SVP electric system for asset inspection and pass through of any penalties assessed to SVP by the California Independent System Operator (CAISO) relating to Resource Adequacy forecasted capacity based on the Customer's excess load above the Available Capacity.
F. Customer shall provide at least 14-day advance notice of any major maintenance or commissioning activities concerning the Substation Facilities.
7. NON-INTERFERENCE
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Neither Party nor any of its agents or contractors shall perform any work relating to the Interim Service, the Substation Facilities, the Transmission Facilities, or the Premises in a manner which unreasonably interferes with the other Party's work or property.
Customer and each of its respective agents and contractors shall use their best efforts to minimize disruption to the City. Without limiting the generality of the foregoing, each Party shall consult in good faith with the other regarding the manner in which work will be performed.
8. FORCE MAJEURE
A. Neither Party shall be considered to be in default in performance of any of its obligations under this Agreement when a failure of performance is due to an Uncontrollable Force. The term "Uncontrollable Force" as used in this Agreement, shall mean any cause beyond the reasonable control of the Party affected, and which by exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence it has been unable to overcome or obtain or cause to be obtained a commercially reasonable substitute therefore. Such Uncontrollable Force includes the failure or threat of failure of facilities, Act of God, flood, drought, earthquake, storm, tornado, fire, explosion, lightning, epidemic, public emergency, war, riot, civil disobedience, labor strike, labor dispute, labor or materials shortage (however labor or materials shortage does not include the mere inability to obtain that labor or material at a particular price), sabotage, restraint by court order, restraint by public authority, or action or non-action by governmental authority or accident.
B. No Party shall, however, be relieved of liability for failure of performance if such failure is due to causes arising out of its own negligence or due to removable or remediable causes which it fails to take reasonable efforts to remove or remedy within a reasonable time, or due to mere fluctuations in market prices, or due to unreasonable delay by the Party claiming or seeking to claim relief from liability.
Nothing contained herein shall be construed to require a Party to settle any strike or labor dispute in which it may be involved. Either Party rendered unable to fulfill any of its obligations under this Agreement by reason of an Uncontrollable Force shall give prompt written notice of such fact to the other Party and shall exercise due diligence to remove such inability with all reasonable dispatch.
9. NO ASSIGNMENT OF AGREEMENT/SUCCESSORS IN INTEREST
A. Customer and City each bind itself, its successors, and assigns, to all of its respective covenants of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for under this Agreement shall be assigned or transferred, either voluntarily or by operation of law, by either Party without the prior written approval of the other Party, which approval shall not be unreasonably withheld, conditioned or delayed; any such assignment shall not relieve the assignor from any of its obligations under this Agreement.
B. Notwithstanding anything to the contrary, Customer shall have the right to collaterally assign its rights under this Agreement to a lender providing 1220 Santa Clara PropCo, LLC Substation Agreement
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construction financing or other financing for the improvements being constructed by Customer on or about the Premises, including any Substation Facilities.
Customer shall provide written notice to SVP of Customer's collateral assignment of its rights under this Agreement to a lender. SVP agrees to reasonably cooperate with Customer's financing efforts pursuant to this Section 9, at no out of-pocket expense to SVP.
10. NO THIRD PARTY BENEFICIARY
Except permitted assignees per Section 9 above, this Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
11. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Customer agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with this Agreement, including claims of any kind by Customer's employees or persons contracting with Contractor to perform any portion of this Agreement, and shall expressly include passive or active negligence by City connected with the Agreement. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.
B. Customer's obligation to protect, defend, indemnify, and hold harmless in full City and City's employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Customer, against City (either alone, or jointly with Customer), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
C. To the extent permitted by law, City agrees to protect, defend, hold harmless and indemnify Customer and its affiliates and their directors, officers, employees, and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, however same may be caused, including all costs and reasonable attorney's fees in providing a defense to any claim arising therefrom, for which Customer shall become legally liable arising from SVP and the City of Santa Clara's gross negligence or willful misconduct with respect to or in any way connected with its performance under this Agreement.
12. AMENDMENTS
It is mutually understood and agreed that no alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties and incorporated as an Amendment to this Agreement.
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13. SEVERABILITY CLAUSE
In case any one or more of the provisions contained herein shall be held invalid, illegal or unenforceable by a court of competent jurisdiction, it shall not affect the validity of the other provisions which shall remain in full force and effect.
14. WAIVER
Waiver by either Party of any provision of this Agreement shall not be construed as waiver(s) of any other provision of this Agreement.
15. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to SVP addressed as follows:
Chief Electric Utility Officer
City of Santa Clara
1500 Warburton Avenue
Santa Clara, California 95050
And by e-mail at [email protected] , and
[email protected]
And to Customer addressed as follows:
1220 Santa Clara PropCo, LLC
300 N. LaSalle Street, Suite 1500
Chicago, IL 60654
Attention: Nitin Sathe, General Counsel
Email: nsathe@ipipartners .com
The workday the e-mail was sent shall control the date notice was deemed given. An e-mail transmitted after 1 :00 p.m. Pacific Standard Time on a Friday shall be deemed to have been transmitted on the following business day.
16. CAPTIONS
The captions of the various sections, paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of interpretation.
17. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
18. COMPLIANCE WITH LAWS
The Parties shall comply with all laws, ordinances, codes and regulations of the federal, state and local governments applicable to their respective obligations and activities contemplated by this Agreement , including but not limited to "The Code of the City of 1220 Santa Clara PropCo, LLC Substation Agreement
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Santa Clara, California" ("SCCC"). In particular, Customer's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter
9.60), as such Chapters or Sections may be amended from time to time or renumbered.
Additionally Customer has read and agrees to comply with City's Ethical Standards (http://santaclaraca .gov/home/showdocument?id=58299 ).
19. DISPUTE RESOLUTION
A. Unless otherwise mutually agreed to by the Parties, any controversies between the Parties regarding the construction or application of this Agreement, and claims arising out of this Agreement or its breach, shall be submitted to mediation within thirty (30) days of the written request of one Party after the service of that request on the other Party.
B. The Parties may agree on one mediator. If they cannot agree on one mediator, the Party demanding mediation shall request the Superior Court of Santa Clara County to appoint a mediator. The mediation meeting shall not exceed one day (eight (8) hours). The Parties may agree to extend the time allowed for mediation under this Agreement
C. The costs of mediation shall be borne by the Parties equally.
D. Mediation under this section is a condition precedent to filing an action in any court. In the event of litigation or mediation that arises out of any dispute related to this Agreement, the Parties shall each pay their respective attorney's fees, expert witness costs and cost of suit, regardless of the outcome of the litigation.
20. OTHER AGREEMENTS
This Agreement shall not prevent either Party from entering into similar agreements with other entities or individuals.
21 . TERMINATION OF AGREEMENT
A. TERMINATION FOR CAUSE
For purposes of this Agreement, the term "default" shall mean the failure of any Party to perform any material obligation in the time and manner provided by this Agreement. Either Party may terminate this Agreement in the event of a default by the other Party by providing a written Notice of Termination to the defaulting Party. Such Notice of Termination shall become effective no less than thirty (30) calendar days after a Party receives such notice. Such Notice of Termination for cause shall include a statement by the terminating Party setting forth grounds for determination of default under the Agreement.
B. OPPORTUNITY TO CURE DEFAULT
Upon receipt of a Notice of Termination by a Party arising from its default under this Agreement , the defaulting Party shall have thirty (30) days from the receipt of such notice to cure the default by making such payment or performing the 1220 Santa Clara PropCo, LLC Substation Agreement
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required obligation (or additional time, if any that is reasonably necessary to promptly and diligently cure the default). If the default is cured to the reasonable, mutual satisfaction of the Parties, the Agreement shall remain in effect upon written acceptance of the cure by the Party who issued the Notice of Termination for cause.
C. TERMINATION WITHOUT CAUSE
At any time, Customer may elect to terminate construction of the Substation Facilities and Transmission Facilities upon delivery of one hundred eighty (180) days written notice thereof to the City. If Customer chooses to terminate construction of the Substation Facilities and Transmission Facilities, Customer will reimburse any and all City expenses, termination fees, and cancellation fees reasonably incurred by the City related to the Substation Facilities and Transmission Facilities prior to the expiration of such 180-day notice period.
Customer shall not be entitled to a refund of any Load Development Fees that have been paid prior to the written notice of termination.
22. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
23. INTEGRATED DOCUMENT-TOTALITY OF AGREEMENT
This Agreement and its Exhibits embody the entire agreement between the Parties regarding the subject matter of this Agreement. No other understanding, agreements, conversations, or otherwise, with any officer, agent, or employee of the City shall affect or modify any of the terms in or obligations created by this Agreement. 1220 Santa Clara PropCo, LLC Substation Agreement
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The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.
CITY OF SANTA CLARA , CALIFORN IA
a chartered California municipal corporation
Approved as to Form:
,----~.@L_
e of the City Man
City Attorney
"CITY"
15 0 Warburton Aven e
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax (408) 241-6771
1220 SANTA CLARA PROPCO, LLC
a Delaware limited liability company ,
Dated: Ap~ril 25, _022
By (Signature): -.;<---""""-cl----------- ------
N am e: Nitin Sathe
Title: Vice President
Principal Place of 300 N. LaSalle Dr., Ste. 1500 Chicago, IL Business Address: 60654 ------------------
Te I e phone: (202) 396-1907
"CUSTOMER"
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0.1 NAO_ 1983_ StatePlone_ California _III_FtPS _ 0403_F eot City of Sant, Clan,
0.03 I
EXHIBIT A
Parcel Map
APN 224-66-006
0.1 Miles
j 1: 2,000
ol
This map is a user generated static output From an Internet mapping sije end Is for reference on~. Data layers lhal appear on this mop may or may nol be accu,ate. curren~ or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATION
1220 Santa Clara PropCo, LLC Substation Agreement
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Legend
Land Parcels
City Operational Boundary
Notes