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CC Resolution 13302 - Approval of Plans and Specifications, Authorization to Solicit Bids, Award and Approve Contract Hamilton Avenue Rehabilitation and Complete Street Project (23-BB)RESOLUTION NO. 13302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING SOLICITATION OF BIDS, AWARDING AND APPROVING CONTRACT, AND OTHER ASSOCIATED ACTIONS FOR HAMILTON AVENUE REHABILITATION AND COMPLETE STREET PROJECT (23-BB) WHEREAS, StreetSaver shows Pavement Condition Index along portions of Hamilton Avenue ranging from as low as 28 to as high as 80; and WHEREAS, Hamilton Avenue, a major arterial that runs approximately 2.8 miles from its western limits west of Phoenix Drive to its eastern limits at Hurst Avenue needs to be rehabilitated; and WHEREAS, the City has appropriated funds from multiple years of Annual Street Maintenance Program into a single project, the Hamilton Avenue Rehabilitation and Complete Street Project (23-BB); and WHEREAS, the Council adopted Resolution No. 13073 in November 2023 awarding the consultant services agreement to BKF Engineers; and WHEREAS, Hamilton Avenue has varying pavement conditions and would require different pavement treatments; and WHEREAS, the final Plans and Specifications for the Hamilton Avenue Rehabilitation and Complete Street Project (23-BB) are now complete; and WHEREAS, the contractor will submit for approval a paving plan that details the sequence of work, work hours, and traffic control that satisfy all encroachment permit conditions; and WHEREAS, in compliance with ADA, the project includes installation of new or upgrades to 43 street corners along the corridor; and WHEREAS, the City collected contributions from two land development projects which were conditioned to install ADA curb ramps at the southeast corner of Hamilton Avenue and Salmar Avenue, and at the southeast corner of Hamilton Avenue and Bascom Avenue; WHEREAS, the project will close gaps between existing bike lanes wherever feasible, install green bike lanes at conflict points such as approaches to signalized intersections, and create striped buffers alongside bike lanes where sufficient street width exists, and WHEREAS, several key intersections and sections of Hamilton Avenue lack adequate roadway width to accommodate bike facilities, including Winchester Boulevard, Leigh Avenue and Highway 17 overcrossing; and WHEREAS, the City's Bicycle & Pedestrian Advisory Committee (BPAC) provided their input and support for the proposed bicycle lanes included in the project; and WHEREAS, the County of Santa Clara and the City of San Jose want to take advantage of the project's economy of scale and to minimize construction impact to the public, have requested inclusion of their pavement rehabilitation and other associate repairs as part of the project; and WHEREAS, a multi -pronged funding approach is utilized to deliver the Hamilton Avenue Rehabilitation Project, including the allocation of funding from four years of Annual Street Maintenance (FY23 — 26); and WHEREAS, Annual Street Maintenance is comprised of funds from many sources including local funds Capital Improvement Program Reserve (CIPR), vehicle impact fees (VIF), Santa Clara County vehicle registration fees (VRF), 2016 Santa Clara County Measure B (Measure B), and Road Maintenance and Rehabilitation Account (RMRA); and WHEREAS, the estimated amounts from Measure B, VRF, and SB1 in the Capital Improvement Program (CIP) are subject to fluctuation, the actual revenues received by the City may differ each year-, and WHEREAS, Project 23-BB is also funded by grants including the Bay Area Air Quality Management District's (BAAQMD), Transportation Fund for Clean Air (TFCA) grant and a one-time federal grant from the Community Project Funded / Congressionally Directed Spending (CPFCDS) Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby 1) approves the Plans and Specifications for the Hamilton Avenue Rehabilitation and Complete Street Project (23-1313), 2) authorizes the solicitation of bids- 3) awards and approves the subsequent construction contract to the lowest, responsive bidder, in an amount not to exceed $12,772,800, plus a 10% contingency of $1,277,200-, 4) authorizes the City Manager to execute said contract as specified in Campbell Municipal Code Section 3.20.100; and 5) authorizes the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency-, 6) authorizes the Public Works Director to reject bids and rebid the project, should bids received have unamenable irregularities-, 7) authorizes the Finance Director to perform associated budget adjustments. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Campbell hereby approves Cost Share Agreements with the County of Santa Clara and City of San Jose and authorizing the City Manager to execute said agreements. PASSED AND ADOPTED this 3rd day of June, 2025, by the following roll call vote: AYES: Councilmembers: Bybee, Hines, Scozzola, Furtado, Lopez NOES: Councilmembers- None ABSENT.- Councilmembers: None Sergio Lopez, ATTEST: Andrea Saploers, City Clerk AGREEMENT BETWEEN THE CITY OF CAMPBELL AND THE CITY OF SAN JOSE FOR THE STREET RESURFACING OF HAMILTON AVENUE FROM THE CITY LIMIT LINE AT BASCOM AVENUE TO APPROXIMATELY 93' EAST OF THE NORTHEAST CURB RETURN AT THE INTERSECTION WITH GREYLANDS DRIVE TO THE CITY LIMIT LINE This Agreement (herein "Agreement") is made and entered into this day of , 2025, (herein the "Effective Date") by and between the City of Campbell, a California municipal corporation (herein "CAMPBELL"), and the City of San Jose, a chartered municipal corporation (herein "SAN JOSE"). CAMPBELL and SAN JOSE may be referred to herein individually as a "Party" or collectively as the "Parties". RECITALS WHEREAS: A. CAMPBELL'S Pavement Management Program determines which streets are included in CAMPBELL'S Annual Street Maintenance project. In 2025, the Annual Street Maintenance Project 23-BB: Hamilton Avenue Rehabilitation and Complete Street (herein "Project 23-BB") will resurface the entire length (approximately 2.8 miles) of Hamilton Avenue from its western city limits near Phoenix Drive to the eastern city limits at Hurst Avenue; and B. Project 23-BB lies within the limits of both SAN JOSE and CAMPBELL. The portion of Hamilton Avenue that is within SAN JOSE limits begin at the northeast corner of Hamilton Avenue and Bascom Avenue, from the northern most nose of the traffic spot island to approximately 19 linear feet east to the lip of gutter to approximately 93 linear feet east of the northeast corner curb return of the intersection with Greylands Drive to 24 linear feet south on Hamilton Avenue, to approximately 1274 linear feet west (back to the northeast corner of Hamilton/Bascom), to 37 linear feet north on Bascom Avenue, closing at 12 linear feet east at the northern most nose of the traffic spot island as shown in Exhibit A — Location Map; and C. CAMPBELL approached SAN JOSE regarding the resurfacing of said portion of Hamilton Avenue located within SAN JOSE's jurisdiction; and D. SAN JOSE requested CAMPBELL to include in Project 23-BB the recommended pavement maintenance treatment of (2" asphalt concrete grind, 2.5" cold in place recycling, and 2" hot mix asphalt concrete overlay) and other associated work be performed within SAN JOSE's jurisdiction herein referred to as PROJECT; and E. The scope of work for PROJECT, Exhibit B — Scope of Work, is attached hereto and incorporated by reference. The PROJECT includes milling and filling of asphalt concrete road sections, performing asphalt concrete digout repair, installing ADA compliant ramps at northeast corner of Hamilton Avenue and Bascom Avenue and at northwest corner of Pg-1 Hamilton Avenue and Greylands Drive, pedestrian and bicycle pavement stripings and pavement markings, and other Incidentals including mobilization and traffic control; and F. SAN JOSE agreed to pay for work pursuant to this Agreement for said portion oil' Hamilton Avenue; and G. The cost estimate for PROJECT, Exhibit C — Engineer's Estimate, prepared by CAMPBELL and accepted by SAN JOSE, is attached hereto and incorporated by reference; and 11. SAN JOSE has committed LIP to FOUR HUNDRED THOUSAND AND NINE HUNDRED DOLLARS ($400,900) for the PROJECT and CAMPBELL has agreed to undertake the environmental review, permitting, construction, and construction inspcction/inaterial testing of the PROJECT, subject to the terms and conditions of this Agreement; and 1. The contractor (herein "CONTRACTOR) who submits the lowest responsive and responsible bid in compliance with all the requirements prescribed in the Contract Documents and is awarded the contract for Project 23-BB will perform and construct the PROJECT; and J. CAMPBELL and SAN JOSE Mutually desire to set forth the terms and conditions of the design and construction of PROJECT, and its cost, to be accomplished within the scope of this Agreement; and K. It is in the public interest for CAMPBELL and SAN JOSE to complete PROJECT in a cooperative and economical manner by constructing the portion of PROJECT within CAMPBELL and the portion of PROJECT within SAN JOSE at the same time Under a single construction contract as further described in and subject to the terms and conditions of this Agreement, NOW THEREFORE, in consideration of the above referenced recitals and the following mutual covenants, agreements and obligations of the Parties, and for other good and valuable considerations, the receipt and Sufficiency of which are hereby acknowledged, CAMPBELL and SAN JOSE agree as follows: AGREEMENT PROVISIONS 1. RIGHT TO ACCESS: SAN JOSE hereby authorizes CAMPBELL and its consultants, engineers, contractors (including but not limited to the Contractor), subcontractors, employees, representatives, and agents to enter upon the said portion of Hamilton Avenue located within and maintained by SAN JOSE and described in the Construction Documents as part of the Project 23-1313, for the purposes and upon the terms and conditions described in this Agreement. 2. PROJECT DESCRIPTION: Pg-2 The location for the PROJECT is the portion of Hamilton Avenue that is within SAN JOSE limits begin at the northeast corner of Hamilton Avenue and Bascom Avenue, from the northern most nose of the traffic spot island to approximately 19 linear feet east to the lip of gutter to approximately 93 linear feet east of the northeast corner curb return of the intersection with Greylands Drive to 24 linear feet south on Hamilton Avenue, to approximately 1274 linear feet west (back to the northeast corner of Hamilton/Bascom), to 37 linear feet north on Bascom Avenue, closing at 12 linear feet east at the northern most nose of the traffic spot island as shown in Exhibit A — Location. Map. Based on the pavement management system database maintained by CAMPBELL, the average pavement condition index of this portion of Hamilton Avenue is 35, as of November 2024. Since CAMPBELL is resurfacing Hamilton Avenue within CAMPBELL's jurisdiction with Project 23-BB, it is within the public's interest to also resurface the portion of Hamilton Avenue within SAN JOSE's jurisdiction to minimize impact to the public. CAMPBELL is including the resurfacing of that portion of Hamilton Avenue located within SAN JOSE's jurisdiction as shown in Exhibit A — Location Map with the understanding that the SAN JOSE will pay for the PROJECT in the SAN JOSE's jurisdiction under this Agreement. Therefore, SAN JOSE will be responsible for 100% of the PROJECT cost as shown in Exhibit C — Engineer's Estimate. 3. PROJECT COST: As used in this Agreement, the term PROJECT cost(s) is defined to mean the actual amount paid to the CONTRACTOR for the PROJECT, under Project 23-BB, plus ten percent (10%) paid to CAMPBELL for engineering, construction management and other administrative services plus a ten percent (10%) construction contingency. 4. EXPRESS CONDITIONS PRECEDENT: The following are express conditions precedent to CAMPBELL's obligations to construct the PROJECT under this Agreement: A. The bids received by CAMPBELL for Project 23-BB (which includes, but is not limited to, the PROJECT) must be within CAMPBELL's approved budget; and B. The contract for Project 23-BB must be awarded to a contractor and the contract (which includes and incorporated the Contract Documents) must be duly executed by CAMPBELL and such CONTRACTOR. CAMPBELL reserves the right to reject any or all bids. 5. CAMPBELL'S OBLIGATIONS: CAMPBELL agrees as follows: A. To act as the lead agency to administer the design and construction of the PROJECT. Administration shall include preparation of plans, specifications, contract documents and engineer's estimate; notification of local business; coordination with various agencies; preparation of all necessary environmental documents; obtaining permits; obtaining bids; Pg-3 awarding the construction agreement; administering the construction agreement; providing materials control and inspection services; and making progress payments to CONTRACTOR. B. To provide SAN JOSE with a copy of the final Project 23-BB plans, specifications and Contract Documents for the PROJECT. C. To pay for 100% of the Construction Cost for Project 23-BB. The Construction Cost is defined as the actual amount paid to the CONTRACTOR Under the construction agreement administered by CAMPBELL for the work described in this Agreement ("Construction Cost"). CAMPBELL shall pay CONTRACTOR for the full amount of the Construction Cost under CAMPBELL's construction agreement with CONTRACTOR. SAN JOSE shall then pay CAMPBELL for SAN JOSE's share of the PROJECT, D. To ensure any changes to the scope of work proposed by CAMPBELL or SAN JOSE that may increase the Construction Cost and each Party's share beyond the amounts Set forth in this Agreement shall be agreed in writing by both CAMPBELL and SAN JOSE prior to CAMPBELL authorizing its construction contractor to perform the work. E. To not authorize its CONTRACTOR to perform work which would result in any additional cost above and beyond the amounts as set forth in this Agreement Without prior agreement and written approval from SAN JOSE. F. To cause CONTRACTOR to provide a warranty period of at least one (1) year from the date of Final Completion consistent with CAMPBELL'S public works Construction Contract Documents. G. To require CONTRACTOR to carry adequate insurance, including commercial general liability insurance with contractual liability coverage, automobile liability Insurance (any auto), and workers compensation and employer's liability Insurance, in accordance with applicable law and the Contract Documents. 1-1. To cooperate with SAN JOSE Should SAN JOSE raise any issues SSLICS Concerning CONTRACTOR'S work on the PROJECT in SAN JOSE JurisdictJon that requires correction prior to acceptance or within the applicable warranty or guarantee period. CAMPBELL shall keel) SAN JOSE apprised of Current construction schedule, status, delays, and any disputes affecting the PROJECT. J. The designated project manager for CAMPBELL for the duration of the PROJECT Is Fredrick Ho (phone number: 408-866-2156; email: . . .... ..... . ...... CAMPBELL's project manager shall have all the necessary authority to review, approve, and accept technical and professional work within the scope of the Agreement and shall serve as the principal point of contact with SAN JOSE. SAN JOSE may request documentation of such costs and may review the original invoices and weight certificates or request copies of same, which shall be provided within a reasonable time. 6. SAN JOSE'S OBLIGATION: Pg-4 SAN JOSE agrees as follows: A. To provide CAMPBELL the design details and technical specifications for purpose of bidding and construction for the installation of ADA compliant curb ramps and ADA compliant truncated domes for the pedestrian passageway at the northeast corner of Hamilton Avenue and Bascom Avenue and ADA compliant curb ramp at the northwest corner of Hamilton Avenue and Greylands Drive. B. To pay CAMPBELL for 100% of the PROJECT cost up to a maximum amount of FOUR HUNDRED THOUSAND and NINE HUNDRED DOLLARS ($400,900). This maximum amount is set at approximately 10% above SAN JOSE's share of the project cost based upon the engineer's estimate. Project Delivery, considered as 10% of the Construction Cost for the purposes of this Agreement, is defined as engineering, construction management, and associated management and administrative services provided by CAMPBELL as lead agency for the PROJECT ("Project Delivery"). Parties understand that the costs contemplated under this agreement are based upon engineer's estimate and prior to CAMPBELL receiving bids for PROJECT, as set forth in Exhibit "B" — Scope of Work. The engineer's estimate, as set forth in Exhibit "C", includes a 10% construction contingency which is consistent with CAMPBELL's practice for award of public works construction contracts in which the construction contract is awarded to the lowest responsive and responsible bidder along with a 10% construction contingency as an allowance for potential contract change orders. The Parties acknowledge that the final SAN JOSE's construction cost will be based on amounts incurred by CAMPBELL for work on Hamilton Avenue located within SAN JOSE's jurisdiction. To the extent the SAN JOSE's construction cost needs to be modified by change order to the construction contract, CAMPBELL will notify SAN JOSE seven days in advance of the change order being executed. C. To provide review of cat -tracking for pavement stripings and pavement markings for the PROJECT. D. To ensure any changes to the scope of work proposed by CAMPBELL or SAN JOSE that may increase the Construction Cost and each Party's share beyond the above maximum amount shall be agreed in writing by both CAMPBELL and SAN JOSE prior to CAMPBELL authorizing CONTRACTOR to perform the work, and shall be documented by a written amendment to this Agreement. E. To pay its share of the PROJECT cost within forty-five (45) business days of receiving and approving the final detailed invoice from CAMPBELL, provided that the following conditions are met: PROJECT has been completed and SAN JOSE has approved the portion of the work in its jurisdiction. Acceptance by SAN JOSE shall be made in writing to CAMPBELL; and 2. The final detailed invoice sets forth the cost of construction of all PROJECT work based on the actual contract unit prices paid and negotiated change order(s), if any; and Pg-5 CAMPBELL shall invoice the SAN JOSE only one (1) time which shall occur after PROJECT construction has been cornplctcd and SAN JOSE has approved the portion of work in its Jurisdiction, and this invoice shall be considered as the final detailed invoice for the PROJECT. SAN JOSE may request documentation of its share of the PROJECT cost and may review the original invoices and weight certificates or request Copies of same, which shall be Supplied to SAN JOSE within a reasonable time. In the event SAN JOSE objects to any of the PROJECT costs set forth in the detailed invoice, SAN JOSE must notify CAMPBELL in writing no later than seven (7) business days after SAN JOSE receives the Invoice. SLIC11 written notice Must state the basis for SAN JOSE'S objection. Pending resolution of any such objection, SAN JOSE shall timely pay to CAMPBELL all undisputed amounts. F. The designated project manager for SAN JOSE for the dLIratIOI1 Of the PROJECT is Carl Mo (phone number: 408-794-7160; email carl.irioAsanioscca.gov). SAN JOSE'S project manager shall. have all the necessary authority to direct technical and professional work within the scope of the Agreement and shall serve as the principal point of contact with CAMPBELL. CHANGES AND CLAIMS: A. Any changes to and/or claims on the PROJECT work shall be processed in accordance with [lie change order, extra work, and claims provisions of the Contract Documents, including, but not limited to CAMPBELL General Provisions Section 9-3 "Claims", Section 4-1.03 "Changes in the Work", Section 4-1.05 "Differing Site Conditions", and Section 9-3.02 "Notice ol'Potential Claim", and Section 9-2.07A "Final Payment". SAN JOSE shall be responsible for the costs of any changes, extra work and/or claims relating to the portions of the PROJECT. CAMPBELL shall be responsible for the costs of any changes, extra work and/or claims relating to the portions of Project 23-BB located within the jurisdiction of CAMPBELL. 13. CAMPBELL will provide SAN JOSE with reasonable notice of any changes to the scope of work of the PROJECT that are beyond the PROJECT description identified in this Agreement and that may increase SAN JOSE's share of the PROJECT cost. The Pal -ties will cooperate in good faith to approve or reject any such changes and develop and agree upon a funding plan for any approved changes. C. SAN JOSE has committed the amount of up to FOUR HUNDRED THOUSAND DOLLARS AND NINE HUNDRED ($400,900) to CAMPBELL for the PROJECT consistent with this Agreement. The Parties mutually agree to cooperate in good faith to seek additional funding or to revise the scope of the PROJECT If the estimated PROJECT cost is higher than the funding committed by the Parties for their respective portions of the PROJECT. Pg-6 8. TERM OF AGREEMENT: A. Unless otherwise modified by a written amendment to this Agreement, the term of this Agreement shall be two (2) years from the Effective Date or until PROJECT acceptance by both Parties and final payments of all outstanding balances, whichever is sooner. 9. OWNERSHIP AND MAINTENANCE: A. Upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances installed as a part of PROJECT within the City limits of CAMPBELL will automatically be vested in CAMPBELL, and all materials, equipment and appurtenances installed as a part of PROJECT within the jurisdiction limits of SAN JOSE will be vested in SAN JOSE, and no further agreement will be necessary to transfer ownership. The ownership of each Party's utility and storm drain facilities within PROJECT area that existed prior to PROJECT shall remain unchanged. G. This Agreement does not change any authority or responsibility between CAMPBELL and SAN JOSE with regard to maintenance, operation or further repair of streets and property within their respective jurisdictional limits. 10. CONTRACTOR SHALL BE AN INDEPENDENT CONTRACTOR: Any contractor(s) hired by either Party to perform the work included in the PROJECT shall not be an agent or employee of either Party and will perform such work as independent contractor. All persons employed by or contracted with such contractor(s) to furnish labor and/or materials in connection with the work in PROJECT shall not be employees of either Party in any respect. 1.1. TERMINATION: Once CAMPBELL has awarded the construction contract for the PROJECT, the Agreement can be terminated only upon the mutual written consent and terms acceptable to both Parties. 12. NO PLEDGING OF EITHER PARTIES CREDIT: Under no circumstances shall either CAMPBELL or SAN JOSE have authority or power to pledge the credit of the other public entity or incur obligation in the name of the other public entity. 13. NO THIRD -PARTY BENEFICIARY: This Agreement shall not be construed or deemed 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 hereunder for any cause whatsoever. 14. AMENDMENTS: Pg-7 This Agreement may only be amended or modified in writing, signed by u duly authorized rcyccuon1abve of each of the Parties. Neither Pudv may assign this Agreement uolooa this Agreement is amended in writing in accordance with this Section. As used in this Agreement, notice includes but is not limited to the cnnlmunico1oo of notice, request, demand, approval, statement, report, acceptance, consent, and waiver. Whenever, under the tcnna of[bia /\grocrnon\, it becomes necessary, appropriate, or desirable for Party to give notice to the other Party, said notice shall bcinwriting and shall be considered given when personally delivered orgiven mcmailed bvcommercial Overnight Courier service or6vregistered orocdiDodDni(odStates u�o lrciunurouuiyircquoa1cd,vviihDnytduoxpoxiagoprupoi/fuddrcaxcdas follows: 7n[&MP82lL Fredrick Ho Public Works Department City o[Campbell 70N I" Street Campbell, CA 95008 To6/\NJ(}BE: Carl Mn Department o[Transportation City o[San Jose 1404MaburyKd San Jose, C/\95|33 Any punv may, by notice given at any time orfrom time to require subsequent nn(ioma to be given to another individual person, v/bethc[ u party or an officer or representative, or to u different address, orboth. 16. SEVERABILITY CLAUSE: lncuseanynneorrnoruofUhcproviminumuoutuinedhcrcinohaU,fbranyreoann,bchddinvu|id, illegal, orunenforceable in my respect, 'it shall not affect the validity o[thcother provisions p/bioh ebu|| remain In hd| force and effect. 17. ENCROACHMENT PERMITS: Both Parties to this }\gcconoeoi will cooperate and /orprovide ucoosa to iix onnaukuo1x, engineers and contractors For the PROJECT in theJurisdictional boundaries ofcach Party. CONTRACTOR oho)| obtain street opening pennii frorn U/\NJ()SE and S/lN](}8O shall provide such a ponni( at no cost. [/\MP8ELL ohn|| include S/\N }()SE in all construction nucctiuge' as appropriate, including the preconstrUCtion meeting with CONTRACTOR and/or Subcontractors. Neither of the respective Parties, employees, officers, agents and assigns shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the other party in connection with PROJECT. It is understood and agreed that pursuant to California Government Code Section 895.4, the respective Parties shall fully indemnify and hold the other harmless from any liability imposed for injury (as defined in Goverment Code Section 810.8) by reason of anything done or omitted to be done by CAMPBELL or SAN JOSE in connection with any work, authority or jurisdiction delegated to the respective Party under this Agreement. This provision to hold harmless and indemnify shall apply to any activities, error or omission of the respective Party and/or the Party's officers, employees, agents, consultants or contractor or any person or entity acting or omitting to act for or on behalf of said CAMPBELL or SAN JOSE or such person or entities as are specifically authorized and empowered by the respective Party to act for the Party. 19. CAPTIONS: The captions of the various sections, paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation of this Agreement. 20. STATUTES AND LAW GOVERNING CONTRACT: This Agreement shall be governed and construed in accordance with the statues and laws of the State of California. Any action or proceeding arising out of or relating to the Agreement shall be brought in a state or federal court situated in the County of Santa Clara, State of California. 21. WAIVER: The Parties' waiver of any term, condition or covenant, or breach of any term, condition or covenant shall not be construed as a waiver of any other term, condition or covenant or breach of any other term, condition or covenant. No covenant, term, or condition of this Agreement may be waived except by written consent of the Party against whom the waiver is claimed and the waiver of any term, covenant or condition of this Agreement shall not be deemed a waiver of any subsequent breach of the same or any other term, covenant or condition of this Agreement. 22. RELATIONSHIP: This Agreement between CAMPBELL and SAN JOSE does not create any relationship of co- partner, join venture, principal and agent or employer and employee. 23. CONSTRUCTION: Each Party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. 24. ENTIRE AGREEMENT: Pg-9 This Agreement and Contract Documents contains the oubvo agreement heip/ccn C/\MPBBLL and S&N ]0SE regarding the PROJECT. Any prior agreements, ponndaca, negotiations, or representations not expressly set forth in this Agreement arc of no fiorcc or effect. %5' OTHER AGREEMENTS: This Agreement shall not prevent either Party from entering into similar agreements with others. The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the OoUovving signatures o[their duly authorized zcproaoo\a\ivca. U is the intent o[[bc Parties that this Agreement shall become operative wthe Effective Date. 26. COUNI'ERPARTS, ELECTRONIC SIGNATURES: Tbin Agreementrnuyhccxccutodinuoynombmrnfcnunterpudsundhycuchpadyinmcpurotc counterparts, each of which when so executed and delivered mbuU bcdeoincd1ohc an original and all o[ which bukco together ahuU constitute one and the munoc ioabuoncoL Electronic signatures (signatures scanned and transmitted by c-coui|) may be used in p|000 of original signatures on this Agreement orany docuooen<delivered pursuant hereto. The podioe intend to be bound by the electronic signatures on the scanned/e-mailed document, arc aware that the other Party will rely on such signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based no the fbnn of signature. [SIGNATURES 0NFOLLOWING PAGE] 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. APPROVED AS TO FORM: William Seligmann City Attorney APPROVED AS TO FORM: Matthew Tolnay City Attorney CITY OF CAMPBELL, CALIFORNIA a California municipal corporation Date Brian Loventhal City Manager Andrea Sanders City Clerk CITY OF SAN JOSE, CALIFORNIA, a California chartered corporation Date IM Pg-11 Jennifer Maguire City Manager Toni Taber City Clerk Date Date Date Date CD w (CPALLJ w, Q)0 o Z W z 0 6i Lu; LL w U- < LIJ M Lij ------- (n zIN w w t o > U. cn� LL 0 ui CO 4 Z Cl) U) LIJ Z (J� LIJ wa LU ,-:�i o w In O z F_- n l Q CL Z c� n WJ w 1 1 Vil :Re p,n::a naaojm� 'n3©arm ,y SNNOM 0119fld dO INHNJHVd3U NaoM3oedoas aireiHxa .v F va 99-CZ 'ON lO3f09d w I7HHdY1V0 30 XJIO < z imis gimm00 ONY NOuvinI9VN39 uoAv N01iIWtlH N a l-SS 133HS 33S - 3NIlHO1VW Zl-SS 133HS 33S - 3NIlHOlVN 3A09V 33S - 3NIIHOIM IlJ O ztz 0 LU Ic, -- -INIIH)IVIN 5'1 SS ij]HS JJS - INIIII)IM 'v l -SS —ti —7777 - l7lin-1v—h — — — — IADFIV -IIS - -ININDIVA COSTSHAREAGREEMENT EXHIBITC: ENGINEER'S ESTIMATE Item No. Contract Bid Items of Work Unit Est. Qty I Unit Price Ext. Price Mobilization (10% Cost of Work) LS 1.00 $ 30,024.47 $ 30,024.47 Traffic Control & Public Safety (5% Cost of Work) LS 1.00 $ 14,297.37 $ 14,297.37 Water Pollution Control Plan LS 1.00 $6,000 $ 6,000.00 Curb Ramp at NE Corner of Hamilton & Basccom EA 1.00 $ 12,000.00 $ 12,000.00 Curb Ramp at NW Corner of Hamilton & Greylands EA 1.00 $ 12,000.00 $ 12,000.00 Conform/Slot paving Adjacent to New PCC Improvments SF 45.00 $ 18.00 $ 810.00 Install Truncated Domes in Pedestrian Passageway at NE Corner of Hamilton/Bascom SF 135.00 $ 108.00 $ 14,580.00 8" Digout SF 4,729.25 $ 15.20 $ 71,884.60 2" Milt SY 2,914.22 $ 6.75 $ 19,671.00 2.5" CIR SF 26,228.00 $ 2.25 $ 59,013.00 2" Fitt - Superpave Asphalt Concrete -Type F TON 328.51 $ 175.00 $ 57,488.50 Detail 36-THERMO LF 81.00 $ 3.00 $ 243,00 Detail 38-THERMO LF 151.00 $ 3.00 $ 453.00 Detail39-THERMO LF 1,218.00 $ 2,25 $ 2,740.50 Detail 39A-THERMO LF 899.00 $ 2.25 $ 2,022.75 4" White Stripe LF 374.00 $ 3.00 $ 1,122.00 12" White Stripe LF 242.00 $ 6.00 $ 1,452.00 24" White Stripe LF 99.00 $ 12.00 $ 1,188.00 YIELD Limit Line - Isosceles Triangles (THERMO) EA 4.00 $ 22.00 $ 88.00 Paint Island Nose - Reflective White LF 25.00 $ 10.00 $ 250.00 Preformed Green Bike Lane w/ Integrated Bike Symbol&Arrow- THERMO SF 240.00 $ 28.00 $ 6,720.00 Preformed Green Bike Lane -THERMO SF 755.00 $ 22.00 $ 16,610.00 Bike Lane Symbol with Person Legend-THERMO EA 3.00 $ 82.00 $ 246.00 Bike Lane Arrow Legend-THERMO EA 3.00 $ 61.00 $ 183.00 Type IV (R) Arrow EA 2.00 $ 91.00 $ 182.00 BID SUM: $ 331,269.19 10% Contingency SUBTOTAL 10% Construction Administration & Inspection 33,126.92 364,396.11 36,439.61 ESTIMATED CONSTRUCTION TOTAL $ 400,835.72 AGREEMENT BETWEEN THE CITY OF CAMPBELL AND THE COUNTY OF SANTA CLARA FOR THE REPAVING OF HAMILTON AVENUE This agreement ("Agreement") is by made and entered between the City of Campbell, a California municipal corporation, ("CAMPBELL"), and the County of Santa Clara, a political subdivision of the State of California ("COUNTY"). CAMPBELL and COUNTY may be referred to herein individually as "Party," or collectively as "Parties." This Agreement is effective on the last date signed by all. Parties (`Effective Date"). RECITALS WHEREAS: A. CAMPBELL is constructing the Hamilton Avenue Rehabilitation and Complete Street Project No. 23-BB ("PROJECT 23-1313"); B. The project limits for PROJECT 23-BB are from the western CAMPBELL city limit just east of Beck Drive to the eastern CAMPBELL city limit at Hurst Avenue, including the intersection with San Tomas Expressway; C. CAMPBELL and COUNTY contemplate repaving the following roadways or portions thereof over which COUNTY has jurisdiction as depicted on Exhibit A: Hamilton Avenue between approximately 156 linear feet westerly and 113 linear feet easterly of the centerline of San Tomas Expressway ("ROAD"); D. It is in the public interest for CAMPBELL and COUNTY to complete PROJECT 23-BB and the PROJECT (as defined in Section 1, below) within their respective jurisdictions in a cooperative and economical manner by constructing PROJECT 23-BB and PROJECT together; E. The Parties acknowledge CAMPBELL is the California Environmental Quality Act (CEQA) Lead Agency for PROJECT 23-BB and the PROJECT, and CAMPBELL's compliance with CEQA is a precondition to construction of the PROJECT and performance of this Agreement. In consideration of the above referenced recitals and the following mutual covenants, agreements, and obligations of the parties, CAMPBELL and COUNTY agree as follows: AGREEMENT PROVISIONS PROJECT DESCRIPTION: The work to be performed on the ROAD will consist of cold planing existing pavement, new asphalt pavement, replacement of curb and gutter, replacement of traffic markings, markers, and legends, and replacement of traffic detector loops and handholes. The locations of work to be performed are more fully described in Exhibit B, and the scope of work is listed on Exhibit C, all of which are attached hereto and incorporated by reference ("PROJECT"). COUNTY Agreement between City of Campbell and County of Santa Clara Pagel of 8 for the Repaving of Hamilton Avenue will be responsible for 100% of PROJECT cost within its Jurisdiction, as well as all administrative fee to compensate CAMPBELL's costs in administering the PROJECT. 2. COUNTY'S OBLIGATIONS: COUNTY agrees as follows: A. To provide CAMPBELL the plans and specifications for the removal and replacement of traffic detector loops and bicycle detector loops located on westbound and eastbound approaches at the Intersection of Hamilton Avenue and. San Tomas Expressway. B. To provide review of cat -tracking for pavement striping and pavement markings for the PROJECT. C. Pay CAMPBELL for COUNTY's share of the PROJECT costs plus all additional 10% for Project Delivery Costs (defined below), the total sum of which shall comprise the COUNTY Construction Cost for the entire PROJECT. COUNTY's cost under this Agreement shall be in the total monetary sum of TWO HUNDRED SIXTY-THREE THOUSAND AND SIX HUNDRED DOLLARS ($263,600) ("COUNTY Construction Cost"). The COUNTY Construction Cost shall comprise COUNTY's total monetary obligation under this Agreement, subject to Subsection E, below. D. "Project Delivery Costs" is defined as engineering, construction management, and all associated management and administrative services provided by CAMPBELL for the PROJECT. E. The Parties understand that the COUNTY Construction Cost is based in part upon the engineer's estimates and prior to public works bidding for PROJECT 23-BB and the PROJECT, as set forth in Exhibit D, and is subject to change. The Parties acknowledge that the final COUNTY Construction Cost will be based on actual amounts Incurred by CAMPBELL for work on COUNTY's ROAD. To the extent the COUNTY Construction Cost needs to be modified by change order to the construction contract, CAMPBELL will notify COUNTY at least seven working days in advance of"the change order being executed. F. To pay the COUNTY Construction Cost within forty-five (45) business days ot'receiving the detailed invoice from CAMPBELL, provided that the following conditions are met: 1. The PROJECT has been completed and COUNTY has approved the portion of the work in its Jurisdiction within a reasonable time. Acceptance by COUNTY shall be made in writing to CAMPBELL. COUNTY may request documentation Of Such Costs and may review the original invoices and weight certificates or request Copies of same, which shall be provided within a reasonable time. 2. The detailed invoice sets forth the cost of construction of all PROJECT work based on the actual contract unit prices paid and negotiated change order(s), if any. Agreement between City of C. I anipbell and County of Santa Clara page 2 of 8 for the Repaving of I laillilton Avenue 3. CAMPBELL shall invoice COUNTY only one (1) time which shall occur after PROJECT completion, and this invoice shall be considered the final detailed invoice for the PROJECT, including the COUNTY Construction Cost. G. To assign as the designated project manager for COUNTY for the duration of the PROJECT Gavin Finley (email: gavin.finley@rda.scegov.org). COUNTY's project manager shall have all the necessary authority to review and approve and accept technical and professional work within the scope of the Agreement and shall serve as the principal point of contact for COUNTY. 3. CAMPBELL'S OBLIGATIONS: CAMPBELL agrees as follows: A. To design and construct the PROJECT. Performance shall include preparation of specifications, contract documents, and cost estimate; notification of local businesses; coordination with various agencies; preparation of all necessary environmental documents; obtaining permits; soliciting and obtaining bids; awarding the construction agreement; administering the construction agreement; providing materials control and inspection services; and making progress payments to the contractor. B. To promptly provide COUNTY with final specifications and contract documents for the PROJECT. C. To cooperate with COUNTY should COUNTY raise any issues concerning the work in COUNTY's jurisdiction that requires correction prior to acceptance or within the warranty period of the PROJECT. D. To assign as the designated project manager for CAMPBELL for the duration of the PROJECT Fredrick Ho (email: fredh@campbellca.gov). CAMPBELL's project manager shall have all authority to direct the work within the scope of the Agreement and shall serve as the principal point of contact for CAMPBELL. E. To keep and maintain a complete copy of all records regarding costs and expenditures relating to the PROJECT, together with a complete copy of all plans, specifications, reports, contracts, and other documents relating to the PROJECT, and the same shall be available for inspection by COUNTY at any time during CAMPBELL business hours. F. To allow COUNTY reasonable access to the PROJECT site, at reasonable times and upon advance notice, to perform observation of any work on the COUNTY portion of the PROJECT. G. To provide COUNTY with a copy of as -built record drawings for the PROJECT. H. To include in its contract with the construction contractor for the PROJECT, a requirement that the contractor include COUNTY, its officials (including, but not limited to, its Board of Supervisors), officers, employees, and agents as additional insureds, and that the contractor Agreement between City of Campbell and County of Santa Clara Page 3 of 8 for the Repaving of Hamilton Avenue indemnify COUNTY, its o[Dciu|a (including,but not limited to, its Board of Supervisors), offiuorm oozp|oycca, and agents k`the aumc extent that C&KYP8EL[ is indemnified. U, To include u okamo ill its contract with the uVou1uzodon contractor for the PROJECT that COUNTY is ail intended third -party beneficiary of the construction contract. J. Torequire that the construction contractor For the PROJECT obtain all required pcnnitsand approvals for all PROJECT work, including work associated with the COUNTY portion thereof K. To provide u final accounting of all PROJECT costs associated with tile COUNTY portion of the pB()JECI to COUNTY within thirty (30) calendar days after the Pat -ties accept tile PK0JECTasomnyiutc. 4. TERM OF AGREEMENT: A. Un|oma otherwise modified by u written mncudroco\ to this /\grocrocu1 thu tern of dhia Agreement shall bcuntil PROJECT acceptance by both Parties and expire upon final payment of all outstanding balances. B. C/\MPB|8Ll.shall cause tile construction contractor toprovide owarranty period n[o1least one (l) year from the acceptance date. 5' OWNERSHIP AND MAINTENANCE: A. Upon completion o[ all work under this /\8reoncn{, ov/nccubip and d|)* to all noutcriu)a, equipment, and appurtenances installed as u part of the PROJECT within [OUNTY`s Jurisdictional |irnib; shall automatically be vested in COUNTY, and all rnoiobuJu, equipment, and uppudcuunccu installed within C/\MyBELL`m Jurisdictional hooi<a aboJi be vested in [AMPBBL[,and nofurther agreement will hcnecessary <otransfer ownership. 7. B. Nothing in this Agreement shall buconstrued tmalter any authority urresponsibility botv/000 COUNTY and CAMPBELL with regard to maintenance, operation, mfurther repair responsibility for the ROAD. Any o/ s) hired by either Party to perform the work included iuthe PROJECT shall not be un agent or cozpknuz of either Party and ahuU ocr[hon such work as un independent uonboob/r. All persons employed by or contracted with such contractor(s) to Furnish labor and/or materials in connection with the work in the PROJECT shall not be employees of either Party in any respect. Once CAMPBELL has awarded tile construction contract for the PROJECT, tile Agreement call be terminated only upon the 1111-ItUal written consent and terms acceptable to both Parties. Agreement between City nfCampbell and County of8onmClara Page 4nf8 for the Repaving off amikouAvenue NO PLEDGING OF EITHER PARTY'S CREDIT: Under no circumstances shall either COUNTY or CAMPBELL have authority or power to pledge the credit of the other Party or incur obligation in the name of the other Party. 9. NO THIRD PARTY BENEFICIARIES: This Agreement shall not be construed or deemed 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 hereunder for any cause whatsoever. 10. AMENDMENTS: No alternation or violation of the terms of this Agreement shall be valid unless made in writing and signed by the parties and incorporated into this Agreement. 11. NOTICES: Notices are to be sent as follows: To CAMPBELL: Amy Olay Interim Public Works Director Public Works Department City of Campbell 70 North First Street Campbell, CA 95008 To COUNTY: Chris Lamm Deputy Director Roads and Airports Department County of Santa Clara 101 Skyport Drive San Jose, CA 95110 12. SEVERABILITY CLAUSE: If one or more of the provisions contained herein shall, for any reason, be held invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, it shall not affect the validity of the other provisions which shall remain in full force and effect. 13. ENCROACHMENT PERMITS: CAMPBELL's construction contractor shall obtain all required encroachment permits for work on the PROJECT within COUNTY's jurisdiction from COUNTY and COUNTY shall provide all such permits at no cost. Agreement between City of Campbell and County of Santa Clara Page 5 of 8 for the Repaving of Hamilton Avenue 14. CAPTIONS: The captionso[the various sections, paragraphs,uod subparagraphs of this Agreement are for convenience only and obu1} not be considered nor n:terccd to for resolving qucndmna of interpretation of this Agreement. In hou of and notwithstanding the pro ruturisk allocation which might otherwise be imposed between the Parties pursuant to Government Code section 895.6, the Parties agree that all \ooaca or iiubUidoa incurred by Party shall not be shared pro cu1uhu|, instead, COUNTY and CAMPBELL agree that, pursuant toGovernment Code Section 895.4,each nfthoParties hereto uho|| fully indemnify and hold each ofthe other Parties, their officers, board nncnzbom, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code section 810.8) Occurring by reason ofthe negligent acts nrocnisainuanrvvU|fulnoioconducLnfthciudeo'ni6ingpudy,i\sn[Dcem,cmp|oyccaor agents, under or in connection with or arising out of any work, authority 01-JUrisdiction delegated tosuch party under this Agreement. Noparty, nor any officer, board member nr agent thercot'shall be responsible for any damage or liability occurring by reason ofthe negligent ooi» or oruiaainun or willful misconduct ofthe other 7ndioo hereto, then- oOioc/s, board members, employees, or agents, under or in connection with or arising out ol- any work, authority, or jurisdiction delegated tn such other Parties under this /\grcornout. 16. INSURANCE REQUIREMENTS: CAMPBELL shall require any contractor awarded a contract for any portion of the work to be done on the PROJECT to acoure and moio{obn in full force and effect at all dooen during construction and performance of the PROJECT, and until said PFlU}BCT is accepted by all ymfioa to this &&rconocoL and any oU/oc time periods specified in the BurnU(on Avenue Rehabilitation and Complete Street Project No. 23-BB contract documents, insurance coverage described below, at no additional ooa\ to oi1bcz C(}DNTl/ or C/\MPBBLL, with coverage acnnuoim, required endorsements, ccdiOootoa of insurance, and coverage verifications satisfactory and acceptable to all Parties. COUNTY, its Board n[Suporviaors, cocunnimsioils, otUooru, enop|nyeon` volunteers, and ugeo\o obul| be added as uddiduoo| ingurodo on the uom/novoiu| gcnccu| liability policy with respect to liability arising out o[thocontractor's work for CAM9BflLLonthe PROJECT. Dimnnu{ua||vundorak`odibatduhngthcicnnuftboconabnudonoodvidcaondbcPFlO]ECT, C/\K8PBELl.will require the construction contractor 1ocarry commercial gcocod liability io amounts ofoo|less than Two Million Dollars ($2,0U0,OOO) per occurrence; automobile liability in on amount not >uoy than Two Million I)o)|arn ($2,000.000) per accident; and o Workers' Compensation Insurance policy as required by the State of California, with Statutory and Ronpinycr`o Liability Insurance ]limits ofnot less than One Million DoUurm($L000�XX). 17. STATUTES AND LAW GOVERNING CONTRACT: Agreement between City ofCampbell and County oil' Santa Clara Page 6of8 for the Repaving o[HmnikonAvenue This Agreement shall be governed and construed in accordance with the statues and laws of the State of California. CAMPBELL shall require that any contractor awarded a contract for any portion of the work to be done on the PROJECT comply with the requirements for prevailing wage under Labor Code section 1770, et seq. The PROJECT shall be paid for and constructed in accordance with all ordinances, resolutions, rules, regulations, and laws of the applicable jurisdiction. 18. WAIVER: The Parties' waiver of any term, condition or covenant, or breach of any term, condition or covenant shall not be construed as a waiver of any other term, condition or covenant or breach of any other term, condition, or covenant. 19. ENTIRE AGREEMENT: This Agreement contains the entire Agreement between COUNTY and CAMPBELL in relation to the PROJECT. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 20. COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in any number of counterparts, and all of such counterparts so executed together shall be deemed to constitute one and the same agreement, and each such counterpart shall be deemed to be an original provided all of the Parties have fully executed the Agreement. Unless otherwise prohibited by law or COUNTY policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term "electronic copy of a signed contract" refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term "electronically signed contract" means a contract that is executed by applying an electronic signature using technology approved by COUNTY. /// Agreement between City of Campbell and County of Santa Clara Page 7 of 8 for the Repaving of Hamilton Avenue 21. EFFECTIVE DATE: 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 intent of the Parties that this Agreement shall become operative on the effective date. COUNTY: By: Otto Lee President, Board of Supervisors Date: Signed and certified that a copy of this document has been delivered by electronic or other means to the President, Board Of Supervisors ATTEST: By: Curtis Boone Acting Clerk of the Board of Supervisors Date: APPROVED AS TO FORM AND LEGALITY By:_________ John A. Castro Deputy County Counsel Agreement between City of Campbell and County ol'Santa Clara for the Repaving of I larnilton AVC11LIe CAMPBELL: By: Brian Lovcntlial, City Manager Date: APPROVED AS TO FORM: By: William Scligrnaim City Attorney Page 8 ol`8 co co rn LO 0 E a� U N .O N C O O O O N Q (B p U Z O U) m 0 Z O_ C O w p O 0 O O i o O_ O U) i c 0 O ca O tD cn LL 0 z 0 0 o - m co x w aC 0 0 CL Ln w 0 cn Y) x w (n E 0 .0 C: m U) 0- -1 0 � \ 7 \ \ / z \ k \ / \ w \ \ ) f / / / \£ 0 § am m « m} \ / \w \ / = m e M \ \ 0 .. 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CL (D 03 0- cn ED a-- on 00 ul UCi m 00 r� O ,--I r, CD r, 00 0) LO LO rl LO m Ln ti C M cli CV) N (D N 04 V)- O z 2 cr 0 z 0 U in LU City of Campbell Request for Budget Adjustments _Department/Program Division Date Request No. Public Works 23-BB - Annual Street Maintenance June 3, 2025 BA-25 Budget to be Reduced un rogram Account Number Descripti n _ _ mount Bud2et to be Increased Fund/Program Account Number Description Amount REVENUE 435.990 6999 Capital Transfer In $ 1,901,000 218.535 4523 Federal Grant - CPFCDS Program 500,000 212.535 4543 Other Grant - TFCA 118,000 435.535 4921 Utility Reimbursement 339,000 435.535 4921 Cost Share with County of Santa Clara and City of San Jose 664,500 EXPENDITURES 435.238B 7883 Improvements $ 2,904,500 204.990 9999 Capital Transfer Out 323,100 212.990 9999 Capital Transfer Out 1,037,900 218.990 9999 Capital Transfer Out 500,000 101.990 9999 Capital Transfer Out 40,000 REASON FOR REQUEST - BE SPECIFIC: To appropriate $2,904,500 to the Hamilton Avenue Rehabilitation and Complete Street Project (23-BB). The additional appropriation is supported by the following funding sources: Vehicle Registration Fees ($209,500), Measure B ($710,400), SB1 ($323,100), Federal and State Grants ($618,000), Utility Reimbursements ($618,000), Cost Sharing Agreements ($664,500), and Deposited Funds from Land Development Projects ($40,000). Will Fuentes Amy Olay Brian Loventhal Finance Director Interim Public Works Director City Manager