1 City Council
Special Meeting
Monday, October 17, 2022
5:00 PM
Council Chamber & Virtual
AMENDED AGENDA
Amended agenda changes appear below in red
Pursuant to AB 361 Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference/video conference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person.
HOW TO PARTICIPATE
VIRTUAL PARTICIPATION
CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900-6833
Th
e meeting will be broadcast on Cable TV Channel 26, live on YouTube at https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center at https://midpenmedia.org.
TIME ESTIMATES
Time estimates are provided as part of the Council's effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
REVISED PUBLIC COMMENTS
Public Comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and
will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are refe rencing in your email subject line.
P
owerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the m eeting. Once received, the City Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted. 2 Spec ial Meeting October 17, 2022
Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org.
CALL TO ORDER
SPECIAL ORDERS OF THE DAY (5:00 - 5:10 PM)
1. Cybersecurity Awareness Month Proclamation
STUDY SESSION (5:10- 7:10 PM)
2. 3400 El CAMINO REAL [22PLN -00227]: Request for Prescreening of the Applicant's Proposal to Rezone the Subject Site From Various Zoning Districts to Planned Housing Zone (PHZ) to Allow Construction of 382 Residential Rental Units (44 studios, 243 one-bedroom, 86 two- bedroom and 9 three -bedroom units) in two Buildings. Environmental Assessment: Not a Project. Zoning District: CS, CS(H), RM-20 (Service Commercial, Hotel, Multi-Family Residential).
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (7:10 - 7:30 PM)
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.
CONSENT CALENDAR (7:30 - 7:35 PM)
Items will be voted on in one motion unless removed from the calendar by three Council Members.
3. Approve Minutes from the September 29, 2022 and October 3, 2022 City Council Meetings
4. Approval of Constru ction Contract Number C23183908 With GSW Construction, Inc., in the Amount of $995,556 for the Two Turnouts Upgrade Project (WS-07000) on California Avenue and Page Mill Road; Authorization for the City Manager to Negotiate and Execute Related Change Order s Not -to-Exceed $99,556; and Approval of Budget Amendment in the Water Fund
5. Approval of Implementation of the U.S. Environmental Protection Agency-Funded (U.S. EPA) Greening Parking Facilities for a Sustainable Community Project and Approval of Agreement Between City of Palo Alto and City of Santa Clara to Partner on Project, and Approval of a Budget Amendment in the Stormwater Management Fund
Q&A
Q&A
Public Letters
Staff Presentation
Applicant Presentation
3 Spe cial Meeting October 17, 2022
Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org.
CITY MANAGER COMMENTS (7:35 -7:50 PM)
BREAK (7:50 - 8:00 PM)
ACTION ITEMS
Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters.
6. TEFRA Hearing Regarding Conduit Financing for the Kehillah Jewish High School's for the Partial or Full Refinancing of the 2014 Loan and Financing the Development, Construction, Renovation, Improvement and Equipping of the Corporation's Campus at 3900 Fabian Way, Palo Alto; and Approving the issuance of a Tax -exempt Loan by the California Municipal Finance Authority for this Purpose and Other Matters Relating Thereto (8:00 PM – 8:10 PM)
7. PUBLIC HEARING: Adoption of Ten Ordinances That Repeal and Adopt Various Sections of the Palo Alto Municipal Code (PAMC) Related to the 2022 CA Building Codes (CA Code of Regulations Title 24) Update and Proposed Local Amendments; including:
(1) Chapter 15.04 Incorporating the 2022 CA Fire Code With Local Amendments;
(2) Chapter 16.04 Incorporating the 2022 CA Building Code With Local Amendments;
(3) Chapter 16.05 Incorporating the 2022 CA Mechanical Code With Local Amendments;
(4) Chapter 16.06 Incorporating the 2022 CA Residential Code With Local Amendments and Amending Chapter 16.52 to Align
Federal, State, and Local Flood Hazard Regulations;
(5) Chapter 16.08 Incorporating the 2022 CA Plumbing Code With Local Amendments;
(6) Chapter 16.16 Incorporating the 2022 CA Electrical Code With Local Amendments;
(7) Chapter 16.18 Incorporating the 2021 International Swimming Pool and Spa Code With Local Amendments;
(8) Chapter 16.14 Incorporating t he 2022 CA Green Building Standards Code with Local Amendments;
Public Letters
Presentation
Presentation
4 Sp ecial Meeting October 17, 2022
Materials related to an item on this agenda submitte d to the Board after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org.
(9) Chapter 16.17 Incorporating the 2022 CA Energy Code Without Local Amendments.
(10) Chapter 16.19 Incorporating the 2022 CA Energy Code With Local Amendments.
Environmental Assessment: Project is Exempt Under CA
Environmental Quality Act CEQA Guidelines Sections
15061(b)(3) and 15308.
Title Updated and Supplemental Report Added. (8:10 – 10:10 PM)
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS
Members of the public may not speak to the item(s)
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
OTHER INFORMATION
Standing Committee Meeting
Fi
nance Committee Meeting October 18, 2022
Rail Committee Meeting October 19, 2022
Publi
c Comment Letters
Sc
hedule of Meetings
5 S pecial Meeting October 17, 2022
Materials related to an item on this agenda submi tted to the Board after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org.
PUBLIC COMMENT INSTRUCTIONS
M
embers of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
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LICK HERE TO JOIN Meeting ID: 362 027 238 Phone:1(669)900-6833
City of Palo Alto (ID # 14866)
City Council Staff Report
Meeting Date: 10/17/2022 Report Type: Informational Report
City of Palo Alto Page 1
Title: Cybersecurity Awareness Month Proclamation
From: City Manager
Lead Department: City Clerk
There is no staff report for this item, please see attached proclamation.
Attachments:
• Attachment1.a: Attachment A: Cybersecurity Awareness Month Proclamation 2022
1 Packet Pg. 5
Proclamation
__________________________
Pat Burt
Mayor
CYBERSECURITY AWARENESS MONTH – OCTOBER 2022
WHEREAS, the City of Palo Alto has a vital role in identifying, protecting, and responding to cyber threats that may have a significant impact on our residents and collective security and privacy; and WHEREAS, individuals, businesses, nonprofits, government organizations, academic institutions, and the local economy has become increasingly reliant on information systems and technology to conduct business, engage in commerce, access information, communicate, and provide essential services; and WHEREAS, c ybersecurity education and awareness are crucial for any individual or organization, and that cybersecurity is essential to digital inclusion; and
WHEREAS, a whole community effort is necessary to ensure that all residents of Palo Alto have the skills and opportunity to benefit from digital citizenship; and
WHEREAS, a whole community effort is necessary to ensure that all residents of Palo Alto have the skills and opportunity to benefit from digital citizenship; and
WHEREAS, Cybersecurity Awareness Month was launched by the National Cyber Security Alliance & the U.S.
Department of Homeland Security in October 2004 and now recognized by thousands of organizations including the Federal Government, the Multi-State Information Sharing and Analysis Center, and the National Association of State Chief Information Officers; and
WHEREAS, maintaining the security of cyberspace is a shared responsibility in which each of us has a critical role to play by being aware of computer security essentials that will improve the security of the City of Palo Alto’s information infrastructure and the economy; and
WHEREAS, the national cybersecurity public awareness campaign – See Yourself in Cyber.™ – is implemented through a coalition of private companies, non-profits, government organizations, and academic institutions, and is dedicated to increasing the public's understanding of cyber threats and empowering all Americans to better protect themselves from phishing, viruses, malware, financial loss, and loss of sensitive data.
NOW, THEREFORE, I, Pat Burt, Mayor of the City of Palo Alto on behalf of the entire City Council do hereby proclaim that the City of Palo Alto officially supports National Cybersecurity Awareness Month and the National Public Awareness Campaign “See Yourself in Cyber.™”
PRESENTED: October 17, 2022
1.a
Packet Pg. 6
City of Palo Alto (ID # 14796)
City Council Staff Report
Report Type: Study Session Meeting Date: 10/17/2022
City of Palo Alto Page 1
Summary Title: 3400 El Camino Real: Prescreening for 382 Rental Units Title: 3400 El CAMINO REAL [22PLN -00227]: Request for Prescreening of the Applicant's Proposal to Rezone the Subject Site From Various Zoning Districts to Planned Housing Zone (PHZ) to A llow Construction of 382 Residential Rental Units (44 studios, 243 one -bedroom, 86 two -bedroom and 9 three - bedroom units) in two Buildings. Environmental Assessment: Not a Project.
Zoning District: CS, CS(H), RM -20 (Service Commercial, Hotel, Multi -Family Residential).
From: City Manager
Lead Department: Planning and Development Services
Recommendation
Staff recommends that Council conduct a prescreening and provide informal comments regarding the applicant’s request to rezone five parcels located at 3398, 3400, 3490, 3460 El Camino Real , and 556 Matadero Avenue from Service Commercial (CS) , Service Commercial with a Hotel Overlay (CS) (H), and Residential Multi -family (RM-20) to a Planned Home Zoning (PHZ).1 Comments provided during the prescreening proce ss are not binding on the City or the applicant.
Executive Summary
This prescreening is a request by the applicant to rezone the subject properties, which are currently zoned Service Commercial (CS) , Service Commercial with a Hotel Overlay (CS)(H), and Residential Multi-family (RM-20) to “Planned Home Zoning (PHZ) .”1 The project site consists of five parcels totaling 3.6 acres. The project includes the demolition of 55,155 square feet (sf) of hotel facilities and 8,735 sf of eating and drinking facilities ; the applicant proposes the construction of one mixed-use building with 316 residential rental units with approximately
1 Referred to in this report as "Planned Home Zoning" to emphasize the focus on housing as the benefit to the community. PAMC Section 18.38, which outlines the requirement and process for Planned Community (PC) Zoning, remains the underlying code supporting application of this policy. 2 Packet Pg. 7
City of Palo Alto Page 2
4,000 sf of retail space (Building A) and a second building which would provide 66 residential units (Building B).
The project is located along El Camino Real within 500 feet of bus transit stops and roughly one mile from the California Avenue Caltrain Station. It is also within the vicinity of office and retail uses as well as within walking distance (0.12 to 0.5 mile) from the Boulware Park and Mayfield Soccer Complex, respectively.
This prescreening application responds to the City Council’s expressed interest in learning from home builders what it takes to create more housing opportunities in Palo Alto. Utilizing the Planned Communit y (PC) zoning process, a PHZ application must meet two initial qualifying criteria established by the City Council: 1) provide 20% of the total units as affordable housing selected from a prescribed menu of options, and 2) provide housing units that meet o r exceed the demand generated by any net new jobs.
The project would require a formal rezoning application consistent with Palo Alto Municipal Code (PAMC), Zoning Regulations, Chapter 18.38 . The rezoning would allow for a Development Plan with increased height, increased floor area ratio (FAR), and reduced setbacks on El Camino Real in comparison to the CS district regulations as well as increased density compared to the RM-20 requirements. The applicant is also requesting Council to consider reducing the impact fees the applicant would be required to pay.
Background
On February 3, 2020, Council unanimously endorsed using Planned Ho me Zoning (PHZ) for housing and mixed -use housing projects to help spur housing production. In exchange for deviation from c ertain standards as allowed under the rezoning, if approved by Council, the project must include at least 20% of the housing units as deed restricted for lower-income households. Moreover, the number of housing units must offset the number of net new commercial jobs that are generated by the project.
In accordance with Palo Alto Municipal Code (PAMC) Section 18.79.030(A), a prescreening review is required for legislative changes, including rezoning, prior to the submittal of a formal application. Pre-screenings are intended to solicit early feedback on proposed projects and, like all study sessions, cannot result in any formal action. Since this proposal may return to the City Council as a formal application, Councilmembers should refrain from forming firm opinions supporting or opposing the project.
Project Description
A location map of the proposed site is included in Attachment A. The preliminary schematic drawings, included in Attachment C, are conceptual, as is appropriate at this stage of project 2 Packet Pg. 8
City of Palo Alto Page 3
consideration. As shown in these schematic drawings, the applicant is proposing one mixed-use structure and one exclusively residential structure , which would replace the Driftwood Deli , Cibo Restaurant, and the Creekside Inn . The 392,178 sf proposed development would include approximately 4,000 sf of retail on the ground floor of Building A and 382 residential rental units between Building A and B . Both buildings would be six stories tall and have a total height of 61 feet ( 64 feet to the top of the mechanica l roof screen ). The project site consists of five parcels totaling 156,849 sf (3.6 acres). As part of the project, the parcels would be merged.
Access to the pedestrian entrances to the retail and residential uses would be provided from El Camino Real. The building would include two levels of below-grade parking and surface parking resulting in 507 parking stalls . Access to the parking garage would be provided along El Camino Real from a single entrance/exit and from Matadero Avenue at the rear of the sit e. The site currently has curb cuts along El Camino Real and Matadero Avenue providing a separate entrance and exit along both streets to the site ; the curb cut along Matadero Avenue would be moved further West towards 568 Matadero Avenue while the other w ould remain in the same location. The below-grade parking structure would include 400 parking stalls for both retail and residential uses with the remaining 107 stalls provided at grade . The parking spaces provided would exceed the required 502 spaces, per the current code requirements, by five spaces.
Surrounding Uses
Adjacent zoning and uses include Research Park (RP) zoned parcels to the North ( Rivian and CPI), Commercial Neighborhood (CN) zoned parcels to the E ast (Dumpling City, CC Restaurant Supply), Commercial Service (CS) and Residential Multi -family (RM -30) zoned parcels to the South ( 4 Less Smog Check ), and Single Family Residential (R-1) zoned parcels to the West .
Adjacent buildings vary from one to two stories tall. There is a proposed planning application on file for 3300 El Camino Real (21PLN-00028) to build a new two -story approximately 50,000 sf office building . The site is bisected by Matadero Creek which is a non -channelized creek.
Development near the streamside protection area of Matader o Creek requires a geotechnical report to demonstrate that the proposed development would not threaten the stability of the stream bank slope.
Nearby Commercial Properties
The project site is located adjacent to 607 Hansen Way and in close proximity to 81 1 Hansen Way. These two properties previously constituted the CPI site, which contains Tier 1 and Tier 2 hazardous materials. Rivian recently occupied the property at 607 Hansen Way. Rivian removed Building 1B from the property and removed the hazardous ma terials in Building 1A . There was an amortization agreement , per Ordinance 5831, to remove these materials by December 31, 2052. Tier 2 materials are still contained within Building 2 on Parcel 2 (811 Hansen Way) of the site. PAMC 18.20.040(C)(2) and 18.42 .200 prohibits the construction of new residential uses within 300 feet of a building containing Tier 2 hazardous materials. Building B, which would be the closer of the two proposed residential buildings, is more than 500 feet from the multi - 2 Packet Pg. 9
City of Palo Alto Page 4
family residential use; therefore, the concept plan complies with this requirement.
Discussion
Staff will prepare a thorough analysis of the zoning and Comprehensive Plan compliance upon submittal of a formal application, if filed. A review of the conceptual plans, h owever, highlights key concessions that the applicant is requesting.
Comprehensive Plan Compliance
The Comprehensive Plan designation s for these parcels are Multiple -Family Residential (MF) and Service Commercial (CS) . In the Comprehensive Plan, Multiple -Family Residential designations are intended for housing development, especially in areas serviced by high-quality transit corridors. Density should be on the lower end of the scale next to single -family residential areas . H owever, densities higher than w hat is permitted may be allowed where measurable community benefits will be derived, services and facilities are available, and the net effect could still be consistent with the Comprehensive Plan. Service Commercial are as are typically considered to be co mmercial corridors where vehicle access is the primary means to access a site. In some locations, residential and mixed -use projects may be appropriate in this land use category given the site’s proximity to transit centers and services. The project will abut single-family home properties but will comply with the daylight plane requirements for the R -1 zone district with the proposed design. El Camino Real is considered to be a high-quality transit corridor and two existing VTA bus stops are less than a half-mile walking distance from the property.
Palo Alto has received a housing unit allocation responsibility from the County and State of nearly 6,600 units for the next Housing Element Update. To try and achieve that goal, the City Council has encouraged d evelopers to provide prospective developments through the Prescreening and PHZ processes . These applications provide data points to help the City understand where both large and small housing project s can be placed throughout the City. As a part of the PHZ process, the City has required that any project approved under a PHZ needs to provide at least 20% affordable housing which this project will satisfy if a formal application is submitted.
Looking at current maps, the site appears to be adjacent to the Ca lifornia-Olive-Emerson Plume underground contamination areas . During a formal project review , staff would evaluate whether the site is affected by the COE Plume (that is, whether underground contamination exists on site ). In the event contamination exists, the site will need to be cleaned up prior to occupation by any residents on site.
Staff would prepare a thorough analysis of the zoning and comprehen sive plan compliance following the submittal of a formal application if an application is filed. 2 Packet Pg. 10
City of Palo Alto Page 5
Zoning Compliance
For projects rezoning to a PHZ, Council has the authority to set the parameters for most development standards, which would be reflected in the tailored ordinance for the new PHZ District. However, for informational purposes, Attachment B compar es the development standards under the current CS and RM-20 zone districts with the proposed project. The project is located adjacent to single -family residential uses and would be subject to the special standards outlined in PAMC Section 18.38.150. The elevation drawings show that Building A is set back from the single-family properties by 60 feet while Building B is set back by 45 feet six inches. The elevation drawings also show that both buildings are designed to meet the R -1 daylight plane requirements 2. However, both buildings would exceed the requirements under PAMC 18.38.150(b) which states that a building is limited to 35 feet if it is within 150 feet of an RE, R-1, R-2, RMD, RM, or applicable PC district.
In comparison to the existing zoning, the applicant is requesting that the new PHZ allow for increases in floor area and height. Specifically, the applicant is requesting a floor area ratio of
2.49:1 where the code allows up to 0.5:1 for RM-20 and 0.6:1 for CS zone districts . The project would exc eed the 50-foot height limit by 11 feet. The CS zoning regulations do not set a maximum density for sites along El Camino Real , however, the RM-20 zoning regulations set a maximum density of 20 units per acre . If the more restrictive RM-20 standards determined the maximum density over the 3.6 acres, then only 72 units could be developed on this site. The applicant is proposing 106 units per acre.
The applicant is also proposing a zero foot setback to the property line along El Camino Real where residential units are required to have a 15-foot setback from the property line ; though other facilities (e.g. the lobby or other common facilities) may be located closer to the property line provided that a 12-foot effective sidewalk width is maintained. Therefore, the ground floor residential area for this project could be set closer to the property line. If Council supports this reduced setback for the residential units on El Camino Real , then the design could be modified to increase the distance from the single-family residential propertie s abutting the rear of the parcel.
The proposed mixed-use project provides for two of the most desirable uses along this corridor in accordance with the Comprehensive Plan (retail and housing). This use would replace a commercial development that includes retail and retail -like (retail and restaurant) and hotel uses.
Retail Preservation
2 R-1 Daylight Plane requirements are established at the interior-side property line and rear setback line as shown in Table 2 of PAMC 18.12.040: https://bit.ly/3cKXNri
2 Packet Pg. 11
City of Palo Alto Page 6
The current 8,735 sf of retail-like uses (Driftwood Deli and Cibo Restaurant) at the site is subject to the retail preservation requirements ou tlined in PAMC 18.40.180. However, as outlined in PAMC Section 18.40.180(c)(4)(C), a high density (30 or more dwelling units per acre) project located within the CS Zone District, but not within the ground floor (GF) or retail (R) combining district, shall only be required to replace 1,500 sf of existing retail or retail -like use. The project qualifies for this partial exemption. The project would provide 4,000 sf of retail, exceeding the minimum requirement.
Housing Inventory Site
The project site is loca ted on five parcels, one of which ( 3400 El Camino Real ) is identified as a housing inventory site. 3 400 El Camino Real is identified as having a realistic capacity of 1 9 units. The project would add 382 housing units on a larger combined parcel, exceeding the identified realistic capacity of the site
Multi-Modal Access & Parking
The project is located close to high -frequency transit, including the Valley Transit Authority bus line (with stops at El Camino and Matadero as well as El Camino and Margarita). However, the site is located one mile from the California Avenue Caltrain station.
Further information is needed regarding the on -site circulation and vehicle trips to determine whether the project is consistent with the City’s Bicycle and Pedestrian Trans portation Plan and other transportation policies such as Council’s Local Transportation Impact Analysis Policy adopted on June 15, 2019 (CMR 11256). Matadero Avenue is one of the Safe Routes to School and the impact of an increase in vehicle trips to and f rom the site would require an evaluation of the safety issues that may arise from this project. This information would be required as part of any formal application.
The proposed project would maintain the existing number of vehicular curb cuts along El Camino Real but would provide two entrance point s and one exit point instead of one-way driveways. If a formal project is filed, a permit would be required from Caltrans for any modifications to the existing curb cuts. The design include s on-site space for trash pick -up; therefore, it is assumed that the applicant intends for the City’s waste hauler to drive on-site to collect trash from bins instead of bringing the bins out to the curb to be serviced on El Camino Real
Parking
As noted, t he project would i nclude 507 vehicle parking spaces ( 25 for retail use and 482 for residential use) within two levels of an underground parking garage as well as at grade.
Although a loading space is not required for residential uses, staff notes that one loading zone has been provided in this design near the proposed retail space . Short-term bicycle parking is shown throughout the site at grade while long-term spaces are shown on the first and second 2 Packet Pg. 12
City of Palo Alto Page 7
levels of the garage. This should be considered as part of any formal application.
Inclusionary Requirement and Jobs Housing Imbalance
The site is currently zoned to allow commercial or mixed -uses at the site and there are 10 existing buildings on these properties which are currently being used for hotel, retail, and restaurant uses. These existing buildings would be demolished and replaced with the proposed mixed-use development. This would lead to a 59,890 sf decrease in commercial space. The project would result in a net reduction in jobs (approximately 1 5 fewer jobs) along with a net increase in housing units (382 housing units).
The project would provide 20% 3 of the units at Below Market Rate in accordance with Council’s requirements for projects seeking to rezone using the PHZ process. The proposal would improve the jobs-housing imbalance by providing housing units in an amount that surpasses the jobs created in the retail use at the site.
Policy Implications
Pre-screenings are intended to solicit early feedback on proposed projects and, like all study sessions, cannot r esult in any formal action. Therefore, informal comments from Councilmembers would not impart policy. That said, there is interest among other home builders and property owners to learn of the Council’s initial reaction to the subject request, which may influence the filing of future prescreening requests.
In addition, Council’s feedback on key requests such as the height limit , floor area, setback, and density requests will help to inform whether there is interest in pursuing a rezoning of the subject property and the development standards that may be reflected in that ordinance. A PHZ Ordinance, if approved, may have policy implications that would encourage similar developments of this size.
Resource Impact
The prescreening and processing of a formal application, if filed, are services paid for by fees from the applicant. Additionally, impact fees are charged on the project to account for the impacts the project would have on public services and infrastructure. If the Council were to waive some or all imp act fees for the project, as requested by the applicant, then the City would lose those resources to offset the impacts on public services and infrastructure caused by the project.
The project, as proposed, would impact local tax revenues due to the remov al of the retail and
3 The applicant has chosen to proceed with Option 1: 5% of the units will be provided at Very Low Income, 5% at Low Income, 5% at Moderate Income, and 5% at the Workforce Housing levels of affordability.
2 Packet Pg. 13
City of Palo Alto Page 8
hotel uses at the site . The current commercial uses generate local sales tax revenue and transit occupancy tax revenue for the City. The loss of these uses would result in a n annual loss of revenue on the order of $300,000 to $1.3 million. In comparison, total sales tax revenue for the City in fiscal year (FY) 2022 was $32.6 million and transit occupancy tax was $16.9 million.
Offsetting the above loss is the expectation the new development will result in increased property tax assessed valuation (AV) though the magnitude of this increase is unknown. The added AV will have a one percent additional property tax assessment. The City would receive approximately 9.4% of that additional property tax.
Timeline
Following the prescreening revie w, the applicant will consider Council’s comments and determine how they want to proceed. Any formal application to rezone the property to a PHZ would be subject to the Planning and Transportation Commission (PTC), Architectural Review Board, and Council’s purview. A Tentative Map and Final Map would also be required and would be subject to review by and recommendation from the Planning and Transportation Commission prior to Council action.
Stakeholder Engagement
The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance. Notice of a public hearing for this project was published in the Daily Post on September 9, 2022, which is 10 days in advance of the meeting. Postcard mailing occurred on September 6, 2022, which is 13 days in advance of the meeting.
Staff met with residents about the application and attended the Barron Park Association board meeting in on August 16. At the meeting, staff received feedback from the attending residents.
Written comments received are provided as Attachment s D and E. A list of comments/concerns received during the 8/16 meeting is below:
1. Potential Presence of Underground Contaminants from COE Plume
2. Traffic Impact from new Units onto Matadero Avenue and El Camino Real
3. Safety Impact from new Traffic on Safe Routes to School path along Matadero Avenue
4. Significant Density with Proposed Project that Appears out of Context with Su rrounding uses
5. Height Request Exceeds 50-foot PHZ Height Limit
6. City Council Should Not Waive Development Impact Fees
7. Privacy Impacts from new Units
8. Potential Impacts on Matadero Creek from new Development and Below-Grade Parking Garage
2 Packet Pg. 14
City of Palo Alto Page 9
9. Loss of Hotel Space, Transit Occupancy Tax, and Retail – Uncertainty if Existing Retail will Survive Displacement
10. Lack of Existing Grocery and Recreational Spaces near Barron Park
11. Support for Housing at a Lower Density than Proposed
Environmental Review
The prescreening is a preliminary review process in which Councilmembers may provide comments, but no formal action will be taken. Therefore, no review under the California Environmental Quality Action (CEQA) is required at this time. A full review in accordance with CEQA would be initiated with the formal filing of a development application.
Attachments:
Attachment2.a: Attachment A: Location Map (PDF)
Attachment2.b: Attachment B: Zoning Comparison Table (DOCX) Attachment2.c: Attachment C: Project Plans (DOCX)
Attachment2.d: Attachment D: Public Comments (PDF)
2 Packet Pg. 15
137-09-069
137-09-071
137-09-068
137-10-122
137-10-052
137-10-054
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MARGARITA AVEN
EL CAMINO REAL
FERNANDO AVENUE
KE
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ADE
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AV
ENUE
EL CAMINO REAL
LAMBER
EL CAMINO REAL
CHIMALUS DRIVE
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RO
AV
ENUE
WHITSELL AVENUE
LANE
66 T I PPAWI NGO STREET
3 4
4 0
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1 3401
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8 418
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5 3345
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650
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9 559
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7 527
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9 529
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7 3557
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1 3561
3 56
5 3565
5 8
0 3
68 5
5 6
2 562
5 2
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3 25
5 3255
3 29
5 3295
4 5
5 455
3 30
5 3305
3 33
7 3337
3 33
9 3339
5 9
2 592
5 7
2 572
5 8
2 582
5 9
3 593
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3398A
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8 5
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0 460
3 5
6 9
3569
3 4
6 0
3460
3 4
7 0
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6 3
0 630
4 1
9 This map is a product of the
City of Palo Alto GIS
This document is a graphic representation only of best available sources.
Legend
Assessment Parcel Palo Alto
Assessment Parcel Palo Alto
Assessment Parcel Outside Palo Alto
abc Road Centerline Small Text (TC)
Curb Face (RF)
Pavement Edge (RF)
abc Address Label (AP)
Highlighted Features
0' 111'
3400 El Camino Real
CITY OF PALO ALTO
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4 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto gsauls, 2022-07-28 15:19:26
Parcel Report (\\cc-maps\Encompass\Admin\Personal\Planning.mdb)
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ATTACHMENT B
ZONING COMPARISON TABLE
3400 El Camino Real, 22PLN-00227
Table 1: COMPARISON WITH CHAPTER 18.16 (CS DISTRICT)
Mixed-Use Development Standards
Regulation Required Existing Proposed
Minimum Site Area, width and
depth
None
3.6 acres
3.6 acres
Minimum Front Yard
0-10 feet to create an
8-12 foot effective
sidewalk width (1), (2), (8)
8 feet 0 feet (see Build-to-
Line)
Rear Yard
10 feet for residential;
none for commercial
7-10 feet 60 ft, 10 in at Bldg A
45 ft, 6 in at Bldg B
Interior Side Yard
None 30-60 feet 45 ft, 6 in at Bldg B
Street Side Yard 5 feet 21-47 feet 14 ft, 5 in
Min. yard for lot lines abutting
or opposite residential
districts or residential PC
districts
10 feet (2) 7-10 feet 60 ft, 10 in at Bldg A
45 ft, 6 in at Bldg B
Build-to-lines
50% of frontage built
to setback on El
Camino Real
33% of side street built
to setback (7)
Special Setback None Not Applicable Not Applicable
Max. Site Coverage 50%
42% (66,451.98 sf) 39% (61,244 sf)
Max. Building Height 35 ft within 150 ft. of a
residential district
(other than an RM-40
or PC zone)
46 61 feet to height of
sixth floor
Additional 3 feet for
mechanical screening
Daylight Plane for lot lines
abutting one or more
residential zone districts other
than an RM-40 or PC Zone
None (6) 45 degrees at 10 feet in
the air at rear property
line
45 degrees at 10 feet
in the air at rear
property line
Residential Density 20 Units/Acre except
CS sites on El Camino
Real have no maximum
Not Applicable
(currently exclusively
commercial)
106 Units/AC
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Max. Floor Area Ratio (FAR) 0.6:1 residential (XXXX
sf); 0.4:1 non-
residential (total of
1.0:1)
18.18.060(e)
2.0:1 for hotels
18.18.060(d)
2.5:1.0 (392,178 sf) 2.49:1.0 (390,771 sf)
Minimum Mixed-use Ground
Floor Commercial FAR
1,500 sf of retail 4,000 sf
(1) No parking or loading space, whether required or optional, shall be located in the first 10 feet adjoining the street property line of any required yard.
(2) Any minimum front, street side, or interior yard shall be planted and maintained as a landscaped screen excluding areas required for access to the site. A solid wall or fence between 5 and 8 feet in height shall be constructed along any common interior lot line.. (6) The initial height and slope shall be identical to those of the most restrictive residential zone abutting the site line in question. (7) 25 foot driveway access permitted regardless of frontage, build-to requirement does not apply to CC district. (8) A 12 foot sidewalk width is required along El Camino Real frontage (10) In the CC(2) zone and on CN and CS zoned sites on El Camino Real, there shall be no minimum mixed use ground floor commercial FAR for a residential project, except to the extent that the retail preservation requirements of Section 18.40.180 or the retail shopping (R) combining district (Chapter 18.30(A)) applies.
Table 1: COMPARISON WITH CHAPTER 18.16 (CS DISTRICT) continued Exclusively Non-residential Development Standards
Topic Requirement Proposed
Hours of Operation
(18.16.040 (b))
Businesses with activities any time between the hours
of 10:00 p.m. and 6:00 a.m. shall be required to obtain a conditional use permit. The director may apply
conditions of approval as are deemed necessary to
assure compatibility with the nearby residentially
zoned property
Unknown
Outdoor Sales and
Storage (18.16.060 (h))
(3) … incidental to permitted eating and drinking
services shall be permitted subject to the following
regulations:
(A) Outdoor sales and display shall not occupy a
total site area exceeding the gross building floor area on the site, except as authorized by a conditional use
permit.
(B) Areas used for outdoor sales and display of
motor vehicles, boats, campers, camp trailers, trailers, trailer coaches, house cars, or similar conveyances
shall meet the minimum design standards applicable
to off street parking facilities with respect to paving, grading, drainage, access to public streets and alleys, safety and protective features, lighting, landscaping,
and screening.
(C) Exterior storage shall be prohibited, unless
screened by a solid wall or fence of between 5 and 8
feet in height.
Complies
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Refuse Disposal Areas
(18.40.240)
(a) Assure that development provides adequate and
accessible interior areas or covered exterior
enclosures for the storage of refuse in appropriate
containers with storage capacity for a maximum of
one week, and that refuse disposal structures and
enclosures are located as far from abutting residences
as is reasonably possible.
Unknown
Employee Showers
(18.16.060 (j))
Retail - 0-24,999, none required None
Office Use Restrictions
(18.16.050)
Total floor area of permitted office uses on a lot shall not exceed 25% of the lot area, provided a lot is
permitted between 2,500 and 5,000 sf of office use.
The maximum size may be increased with a CUP issued
by the Director.
None
18.16.080 Performance Standards. All development in the CS district shall comply with the performance criteria outlined in Chapter 18.40 of the Zoning Ordinance, including all mixed use development
18.16.090 Context-Based Design Criteria. As further described in a separate attachment, development in a commercial district shall be responsible to its context and compatible with adjacent development, and shall promote the establishment of pedestrian oriented design.
18.24 Objective Design Standards. All projects are encouraged to adhere to the City’s Objective Design Standards (18.24). Housing Development Projects may qualify for a streamlined process (18.77.073).
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Table 2: CONFORMANCE WITH CHAPTER 18.52 (Off-Street Parking and Loading) for Eating and Drinking and Hotel Uses*
Type Required Existing Proposed
Vehicle Parking 1 space for each 60
gross sq. ft. of public
service area, plus 1
space for each 200
gross sq. ft. for all
other areas.
138 spaces (Eating and
Drinking and Hotel
uses)
25 (Eating and
Drinking only)
Bicycle Parking 1 per 600 sf of public
service area, plus 1 per
2,000 sf for other areas
32 short term spaces
for site
3 spaces (Eating and
Drinking only)
Loading Space 0 loading spaces for 0-
4,999 sf
0 1
* On-site employee amenity space is exempted from the parking requirements
Table 2: CONFORMANCE WITH CHAPTER 18.52 (Off-Street Parking and Loading) for Residential Use*
Type Required Existing Proposed
Vehicle Parking 1 per micro unit
1 per studio unit
1 per 1-bedroom unit
2 per 2-bedroom or
larger unit At least one
space per unit must be
covered
Residential uses do not
exist
503
Bicycle Parking 1 per unit (100% LT); 1
space for each 10 units
of guest bike parking
(100% ST)
Residential uses do not
exist
383 spaces (LT); 39
Guest spaces
Loading Space 0 loading space
required for multi-
family use
0 1
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Attachment C
Project Plans
In order to reduce paper consumption, a limited number of hard copy project plans are provided to Board members for their review. The same plans are available to the public, at all hours of the day, via the following online resources.
Directions to review Project plans and environmental documents online:
1. Go to: bit.ly/PApendingprojects
2. Scroll down to find “3400 El Camino Real” and click the address link
3. On this project-specific webpage you will find a link to the project plans and other important information
Direct Link to Project Webpage:
https://www.cityofpaloalto.org/Events-Directory/Planning-and-Development-Services/3400-El- Camino-Real-22PLN-00227?transfer=786aa7b6-7300-4fbe-8d2e-f26eee002571
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From: Mircea
To: Council, City
Cc: Gerhardt, Jodie; Sauls, Garrett
Subject: 3400 El Camino Real -- Sept 19th 2022 City Council Work Study session-Public Comments Date: Wednesday, September 7, 2022 8:37:27 PM
Attachments: BPA_Letter_to_City_Council_9_07_22.docx.pdf Some people who received this message don't often get email from [email protected]. Learn why this is important
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Dear Honorable City Council Members,
My name is Mircea Voskerician and I am the property owner residing at 572 Chimalus Dr. Palo Alto which is sharing property line (rear side) with Creekside Inn. I am also a real estate developer and supporting housing developments, affordable housing but nothing this Extreme.
I am in full agreement with all items addressed in the BPA letter.
A couple of things that the city council should discuss for this site:
1. We cannot have a 5 story 50 ft tall building 45 ft from the R1 residential property line as proposed - Show stopper
2. To ensure a "transition" from a 5 story building to 1/2 story single family homes (R1 residential), building B in the rear should be replaced by 3-level townhomes or row homes (Height: 35 ft max)
3. To ensure that future residents have a place to relax/open space the development should grant the city a 1 AC park buffering R1 residential and get credits towards multi family park in lieu fees or other concessions.
4. To ensure privacy towards R1 residential is protected, under the new development, no parking can be allowed "against" the current property line, that entire rear side strip running from the green belt/CPI to Matadero should be dedicated open space/playground and a curtain of dense mature trees (Height: 30 ft as planted) must be planted against the property line as COA's
5. Building must be "massed" on ECR and CPI sides not against R1 residential, all parking must be underground including commercial, residential and guest-residential parking must be properly accounted and calculated so our neighborhood streets are not flooded with cars
This project, if developed, must be a win-win-win, developer/city/Barron Park, currently as designed it is a win-win-lose for Barron Park and residents of Barron Park must be heard.
Hopefully the city and developer will listen well and address all neighborhood concerns, so city council approval will not have to be reversed by Barron Park residents like Maybell development, while run by the same project manager (Ted O'Hanlon).
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Regards,
Mircea Voskerician
572 Chimalus Dr. Palo Alto
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From: Tanya
To: Sauls, Garrett
Subject: Apartment Complex Proposal in Barron Park
Date: Friday, September 9, 2022 1:26:41 PM
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Dear Garrett,
Thanks for attending the Barron Park Association Board Meeting last month. As you know from the Barron Park Association meeting that you attended, our neighbors are passionately in opposition of this proposal. In advance of the September 19 City Council meeting, I wanted to also formally express my strong opposition to the proposal.
My husband and I purchased a home and moved to Barron Park last year. We specifically sought out the Barron Park neighborhood given that it is a quiet and peaceful close-knit community, with minimal congestion.
We were very surprised and dismayed to learn of the massive apartment complex proposal.
We have spoken extensively with many of our neighbors, who have also felt shocked and upset about this proposal. I am in agreement with concerns outlined in the letter that the Barron Park Association Board has submitted to the City Council.
Barron Park has two primary entrances, and this proposal will severely increase congestion and wait lines at one of the main entrances into the neighborhood. Matadero Avenue is a designated "Safe Route to School" for children who attend the nearby schools. I worry greatly about the safety of the many children who take this path if there were to be an increase in traffic at this location. The large complex would also pose a major privacy issue for homeowners and renters along Matadero and Chimalus.
Such a proposal would also markedly change the character of this neighborhood. While City Council explores increasing housing in Palo Alto, it is also important to preserve some of the intangible qualities that make Palo Alto special and desirable including quiet/peaceful neighborhoods. Massive apartment complexes, such as the one proposed, in quiet residential neighborhoods would completely deteriorate many of the qualities that make Barron Park beloved.
Finally, I hope this is not a strategy of the developer to begin with an outlandish proposal, which they anticipate would be rejected, and to then follow with another proposal that may still be inappropriate but less extensive as a means to try to get it approved. Such tactics and strategies are not appropriate and should be viewed very unfavorably.
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In summary, I am in strong opposition of the proposed apartment complex. This complex would unquestionably have a negative impact on the parks, nearby streets, traffic, and safety of cyclists/pedestrians. The location is not suitable for a project/development of this magnitude and it would entirely disrupt the character of this quiet community.
Sincerely,
Tanya Gupta
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From: John King
To: Council, City
Cc: Shikada, Ed; Sauls, Garrett; Nose, Kiely; City Mgr; Lait, Jonathan; McRee, Sarah; BPA-Board Subject: Barron Park Association letter re: Creekside Inn Development Pre-Screening Date: Wednesday, September 7, 2022 4:34:40 PM
Attachments: BPA_Letter_to_City_Council_9_07_22.docx.pdf Some people who received this message don't often get email from [email protected].
Learn why this is important
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
Dear City Council:
Please find attached a letter from the Board of Directors of the Barron Park Association in collaboration with numerous concerned residents of Barron Park regarding the Development Proposal of the Creekside Inn property which is scheduled for a Pre-Screening by the City Council during the September 19th City Council Meeting.
The Barron Park Board met through Zoom on August 21st with numerous neighbors for our regular board meeting and were joined by Garrett Sauls from the City Planning Department for a presentation and question and answer session regarding the proposal to develop the Creekside Inn property. This meeting was recorded and posted at https://bpapaloalto.org/2022/08/21/creekside-inn-project/ should you be interested in viewing
it.
The Barron Park Board in collaboration with a number of concerned residents of Barron Park has approved the attached letter for your consideration prior to the September 19th meeting.
Thank you for your review of these concerns.
Respectfully Submitted,
John W. King
President of the Barron Park Association
[email protected]
650-483-2710
cc: Ed Shikada, City Manager
Kiely Nose, Interim Assistant City Manager
Jonathan Lait, Director of Planning
Sarah McRee, Planning Department Senior Management Analyst Garrett Sauls, Planning Department Staff
Barron Park Association Board
2.d
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From: Dan Farley
To: Council, City
Subject: Barron Park Hotel Proposal
Date: Friday, September 9, 2022 7:51:15 PM
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Hello City Council Members,
I would urge you to significantly downsize the Barron Park hotel proposal to the current limits of allowed units.
Two concerns I have are traffic and community.
The El Camino/Matadero intersection cannot handle the traffic increase that the proposed development would bring.
And the preservation of a place for Driftwood Market and Cibo restaurant is important to keep community businesses that serve Barron Park residents via walking.
Thank you,
Dan Farley
717 Chimalus Drive.
Palo Alto
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1 September 7, 2022
To:The Mayor and City Council, City of Palo AltoFrom:Board of Directors of the Barron Park Associationand concerned residentsRe:Reaction to the proposed development of the CreeksideInn, Cibo Restaurant and DriftwoodDeli and Market property, 3400 El Camino Real, Palo Alto, CA 94306 ***The Barron Park community supports and looks forward to the addition of new housing,especially for “workforce” residents, throughout the City, as suitable sites are designated.However, the present Oxford Capital Group proposal to redevelop the Creekside Inn complex isnot feasible in many ways. As proposed, it is massively out of scale and, if implemented, wouldpresent a host of density-related, environmental and traffic problems to this area.
We have compiled our reactions to the developer’s proposal from statements and contributionsby attendees at neighborhood meetings sponsored by the BPA Board of Directors during themonth of August 2022. We provide them below in outline form.
1. Natural Matadero Creek, mature trees, wildlife corridor, water usage, groundwatera. With a two-level underground garage excavated immediately adjacent to it, howwill the City ensure that the developer will preserve and maintain the health andvitality of Matadero Creek and its wildlife, both in the short and the long term?Will this include maintenance and restoration of the existing natural riparianhabitat?b. This 3.6-acre property currently benefits from many mature trees that ensureprivacy, shading and stabilization of the creek banks. These trees must beprotected per City ordinance.c. Will the developer be required to retain the green belt between the property andthe Rivian site, and its other privacy screening?
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2 d. Because of possible toxic plumes from CPI and other pre-existing industries in theStanford Research Park, groundwater pollution will have to be monitored on acontinuous basis and mitigations applied.
2. Environmental Impact Report (EIR)In the course of establishing the EIR, the City must demand that the consultant hiredcomplete a Management Transportation Analysis (MTA) and a Sewer Capacity Analysis.Other reports — Arborist Report, Wildlife Report, Historical Report (if the structure isover 50 years old), Phase 2 Report, and Soils/Geotech Report — will also be required forthis EIR.
3. Small retail business protectiona. Current businesses on this site employ approximately 50 people. All theseworkers will lose their jobs if this project goes forward.b. Only one of two retail businesses has been offered a site in the new development,as a smaller Driftwood Deli and Market. Its square footage would be reducedfrom its current 4,500 sq. ft., with no outdoor seating.c. The developer has offered no plan for this thriving business to survive the years ofconstruction, so its offer is hollow. Driftwood Deli and Market and CiboRestaurant would not recover even if offered a location at the developed site. Thetime lag is too great. This is not protection of ground floor retail in a CommercialNeighborhood/Commercial Service (CN/CS) zone.d. The City will lose the 14% Transient Occupancy Tax (TOT) for the 136-roomCreekside Inn.
4. Location of the projecta. Only two vehicle entrances to the entire property are proposed. This willmassively increase congestion and wait lines, both on El Camino Real and onMatadero Avenue. Traffic will increase on neighborhood streets (Whitsell, Josina,Kendall, Barron . . .) as drivers seek alternate routes to avoid the signal atMatadero.
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3 b. Matadero and Margarita Avenues are designated Bike Boulevards as well as “SafeRoutes to Schools” for students at Barron Park Elementary School, FletcherMiddle School and Gunn High School.c. Bikers and walkers to and from the VA and the Stanford Research Park, as well asStanford employees and students, use these streets to access bike and pedestrianpaths to destinations west of Bol Park. Several hundred additional vehiclesentering and exiting the proposed two-level underground garage from and onto17-foot wide Matadero Avenue (with no sidewalks) would seriously exacerbatethe situation.d. Even without the proposed additional traffic, the signal at El Camino andMatadero currently often takes two to three cycles to cross during higher traffictimes. This intersection needs to be modernized in any event, by improving themedian and the signal timing.
5. Unit sizesThe total number of proposed units is 382: i.e., 44 studios; 243 one-bedroom units; 86two-bedroom units; and 9 three-bedroom units. This is an unbalanced configuration if thedevelopment is to support families.
6. Vehicle parkinga. Residential Preferential Parking (RPP) would need to be instituted for BarronPark streets, to include, but not be limited to: Matadero Ave., Chimalus Dr.,Tippawingo St., Josina Ave., Whitsell Ave., Kendall Ave., Barron Ave. and, eastof El Camino in Ventura, Margarita Ave. and adjacent streets.b. Along with the RPP, a Transportation Management Program, with an agreed uponmonitoring schedule, would be required. Due to developer’s unbundled parkingplan, tenants will park a second car on the streets to avoid paying for a secondparking space in addition to their rent.c. The total number of proposed units is 382: 287 studio or one-bedroom units and95 two- or three-bedroom units. For both market rate and affordable housing, theCity mandates one parking space per studio or one-bedroom unit (287 spaces) and
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4 two parking spaces per two-bedroom or larger unit (190 spaces) for a total of 477.The proposal calls for 503 spaces. Setting aside 24 spaces for retail leaves 479spaces for residents. This is 2 more than the City mandates for the apartmentresidents. Where will employee, disabled, EV and guest parking be located?
7. Residential privacya. This property is zoned CN/CS. The two proposed buildings are 64 feet high,including mechanical equipment. The building cannot reach 50 feet in height untilit is at a 150-foot distance from R1 Residential, that is, from existing fencesshared with the present Creekside Inn.b. Per Garrett Sauls, at the August 16 neighborhood meeting: For Planned HomeZoning (PHZ), buildings at the height of the proposed project must be 150 feetfrom R1 homes.c. There will be major privacy issues for all homeowners and renters alongMatadero Ave. and Chimalus Dr. Apartments in the proposed complex, from thesecond to the sixth floors, would see into the backyards and interiors of nearbyhomes and apartments.d. Any windows, balconies and rooftop terraces facing neighbors’ homes, whetherR1 or apartment buildings, must be evaluated for privacy and eliminated ifinvasive.e. Tree privacy screening for neighbors must be a priority.
8. Open spacea. All the areas where plans show surface parking would need to be reevaluated for“usable open space” building design.b. The proposal offers no usable ground-level open space and no area for children toplay, safe from El Camino traffic. The proposed “rooftop terraces” cannot becounted toward the open space requirement.c. No amenities (gym, clubhouse, picnic area, bike parking, playground, dog park)have been proposed for the residents of this apartment complex.
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5 9. Mechanical equipmentThe installation of solar panels would be essential. These should be sited to protect theprivacy of nearby residents.
While we understand the City of Palo Alto is under immense pressure to provide housing, theCity should NOT agree to ANY reduction of Impact Fees as requested by the applicant. Thenegative impacts on the Barron Park and Ventura neighborhoods — on parks, streets, traffic,vehicle parking, Safe Routes to School, as well as to pedestrians and the environment — areexactly what Impact Fees are meant to mitigate.
If built as proposed, this project will eliminate two local businesses that the surroundingneighborhood relies on, as well as a 136-room hotel that supports business travelers and othervisitors to Palo Alto and Stanford and provides revenue to the City and state. The profoundimpact on the area’s water usage, waste management, parking, environment (with potential toxicdamage to Matadero Creek), and privacy will disrupt lives, bring unnecessary stressors to theneighborhood and increase traffic tenfold.
Respectfully submitted,The Board of the Barron Park Association and concerned residents of the communityPalo Alto, California
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From: Satish Katpally
To: Council, City; Sauls, Garrett
Cc: Marina Illich Ph.D. NVW
Subject: Concerns about the proposed development of the Creekside Inn, Cibo Restaurant and Driftwood Deli and Market property, 3400 El Camino Real, Palo Alto, CA 94306
Date: Thursday, September 8, 2022 7:18:38 PM
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Dear Council Members,
As a resident of Barron Park, we (my wife and I) are opposed to this proposed development.
We agree with the concerns raised by the Barron Park Association in the attached letter. In particular, we are very concerned about: increasing congestion/traffic at one of the main entrances to Barron Park, increasing traffic on a route that is a designated "Safe Route to School" for children going to the local schools when we already don't have sidewalks on Matadero, the massive size of the development with 382 units, change in the character of the neighborhood which is quiet/peaceful, and loss of the beloved Creekside Inn.
We urge you to reject this proposal.
Sincerely,
Satish Katpally
Marina Illich
Barron Park residents
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From: Patricia Steck
To: Sauls, Garrett
Subject: Creekside Hotel project comments
Date: Tuesday, September 13, 2022 2:32:22 PM
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I appreciate your presentation on zoom,hosted by the B.P. A.
I have lived in Palo Alto for ninety years and Barron Park, on Chimalus, for over sixty years.I agreed with many of the concerns Barron Park residents expressed-The project presented would change our area negatively forever. I am not against appropriately (truly affordable housing-that blends with the character of the neighborhood -no aspect of this project reflects that mind set.)
Pat Steck
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From: carol chun
To: Sauls, Garrett
Subject: Creekside Inn apt building in Barton Park
Date: Friday, September 9, 2022 5:03:51 PM
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Hello,
I would like to express my deep concern and opposition for the massive apartment complex being planned at the Creekside Inn.
I am very concerned about increase in traffic along Matadero, environmental impact on Matafeto Creek and also changes in our neighborhood from a quiet residential area to a busy area.
Thank you for your time.
Carol Chun
3798 Laguna Ave
Palo Alto
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From: carol chun
To: Council, City
Subject: Creekside Inn at Barron Park
Date: Friday, September 9, 2022 5:00:38 PM
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Hello,
I would like to express my deep concern and opposition for the massive apartment complex being planned at the Creekside Inn.
I am very concerned about increase in traffic along Matadero, environmental impact on Matafeto Creek and also changes in our neighborhood from a quiet residential area to a busy area.
Thank you for your time.
Carol Chun
3798 Laguna Ave
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From: Molly O"Connor
To: Sauls, Garrett; Council, City; Burt, Patrick
Subject: Creekside Inn Housing Development
Date: Friday, September 9, 2022 5:18:48 PM
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Dear City Council Members,
I am writing to you as a former (and future again in the upcoming years, I'm sure) Palo Alto (renting) resident with a currently large amount of family still there (having had my family live in Barron Park for 70-odd years now) regarding the proposed development at the Creekside Inn site. I generally consider myself a YIMBY - I was fairly offended when Palo Alto opted not to allow new housing development at the former Fry's location and at several locations close to the Caltrain, especially as the evidence suggests that any new housing (including at market rate) will generally lower rents for everyone - while affordable housing is desperately needed, I can no longer reasonably afford to pay rent in Palo Alto on a $100k salary. For this proposal, however, I would like to ask you to proceed with caution (and not just because of my lifelong devotion to Driftwood) - allowing massive amounts of housing without appropriate parking will not encourage people to use public transit, but will instead cause people to park in every available spot in Barron Park, which is currently quiet, safe, and easy for visitors to find parking in. It would make a large quality of life difference for everyone in the neighborhood, especially the large population of less mobile retirees and the large number of families with young children, if the car density situation were to become unnecessarily competitive and unsafe.
I ask that you will please consider moving forward in your considerations with a responsibility to the current residents of Barron Park with regards to cars and parking in mind, as well as being more generous in allowing housing development in more industrial and still transit- convenient areas along Park Blvd and elsewhere in Palo Alto.
Sincerely yours,
Molly O'Connor
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From: Rob O"Connor
To: Council, City
Subject: Creekside Inn Housing Proposal
Date: Friday, September 9, 2022 4:58:56 PM
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Dear City Council
I would like to bring to your attention three aspects of the housing proposal at the current site of Creekside Inn at the intersection of El Camino and Matadero.
Traffic Hazard
Matadero is a bicycle thoroughfare that channels extensive elementary school traffic. It is already subject to long waits at the signal with gridlock at commute times with traffic emerging onto Matadero from the Creekside. Adding greater than 350 residents and their cars into this mix is not feasible or safe.
Parking
The current plan does not provide parking for all the resident automobiles, which would cause a significant overspill of parking into the residential neighborhood, both changing the nature of the residential area and narrowing the streets - making Matadero even more hazardous for bicyclists and auto traffic.
Food Desert
Driftwood market is the last remaining market that can be reached on foot by Barron Park residents, in addition to being a truly great locally owned business. The removal of Driftwood would fully cement Barron Park as a food desert where residents need a car to get any food supplies.
In closing, the proposed development includes several multiples of the number of units that would normally be considered acceptable on this site and will cause significant detriment to the local community as proposed. We ask that the council ask the developer to withdraw the current proposal.
Best Regards
Rob O’Connor
788 Josina Ave
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From: Robert Cool
To: Council, City
Subject: Creekside Inn Property Development
Date: Saturday, September 10, 2022 7:35:18 AM
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________________________________
Dear Council Members
As a long time resident of Barron Park I welcome the addition of new housing for the working class that contribute so much to our community. I am pleased with the affordable housing about to come on line along El Camino Real, and hope it is but a beginning for more such housing.
Yet, I have grave concerns about the massive housing development proposed for the current Creekside Inn site, and ask you to proceed with extreme caution in assessing the proposal from an outside developer.
My concerns include:
The Creekside Inn is an upscale lodging facility beckoning to professional travelers while offering value to Palo Alto in the form of hotel taxes. Careful consideration should be given to removing it.
Driftwood Market is a bustling family owned business which enjoys local support by providing goods and services not found elsewhere in Barron Park. We should not displace such businesses without careful consideration.
The massive scale of the proposed project threatens the preservation of Matadero Creek and its riparian right away.
No project on this site will garner my support unless there is absolute assurance for the preservation of and continued vitality of Matadero Creek.
Respectfully
Bob Cool
Sent from my iPad
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From: Romola Georgia
To: Council, City
Subject: Creekside Inn Proposal
Date: Friday, September 9, 2022 8:45:06 PM
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September 9, 2022
To Palo Alto City Council Members:
Although I am a great proponent of low and moderate income housing for Palo Alto, I am very dubious about the current proposal. I have read and largely concur with the Barron Park Association letter addressing this issue. Additionally:
1. As a Master Gardener and California Native Plant advocate, I am concerned about preserving Matadero Creek as a wildlife corridor and increasing native plantings in the corridor and throughout Barron Park.
2. For over 40 years my family and many neighbors have depended on the existing businesses.
The Creekside Inn has hosted many important community meetings and is a useful voting site as well as housing my parents and many visitors. The Driftwood Market supports the Barron Park Association, most recently providing lunches for the Senior group. Friends and neighbors have worked there, while nearly everyone counts on them for sandwiches and other necessities.
3. It is important to remember that Barron Park has no sidewalks. The entire neighborhood has preserved a "country" (not suburban) feel. Children and the elderly as well as runners and athletes are walking adjacent to traffic which is often too fast. This huge development is not consistent with maintaining our rural environment.
Thank you for your attention,
Romola Georgia
Tippawingo St.
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1 September 9, 2022
Dear Garrett and City Council,
We have seen several positive, well-planned projects along El Camino Real and the adjacent area within the last few years. Redevelopment at Barron Park’s Creekside site has the potential to be a great asset for the area and our neighborhood, but the current proposal shows no consideration for the surrounding neighborhood and safety of our Barron Park community.
1. The proposed project with massive structures built to the edge of El Camino Real and Matadero Avenue makes no attempt in either architecture or in landscaping to fit in with the character of Barron Park.
For decades, the Barron Park community has dedicated their efforts to protect the natural creek habitat, promote greenery, create native gardens, house a donkey pasture and establish neighborhood parks and parklets.
The current Creekside Inn structure achieves a balance of nature and function with a 5-story building that is properly set back from the property line and surrounded by greenery. The proposed project completely fails in both characteristics.
Any project on this site must incorporate heavy greenery and trees along El Camino and Matadero Avenue as well as within the site. A larger structure needs to be set back further from the street to avoid towering over the site and surroundings.
The current proposal treats the creek flowing through the property as an unfortunate obstacle.
This is a stark contrast to the current site plan that incorporates the natural creek & greenery as a unique asset that enhances the existing development.
2. Barron Park has many narrow streets feeding off El Camino Real and Matadero Avenue. The streets cannot absorb increased traffic that will certainly come from this proposed project.
Many nearby streets have no sidewalks, no lane dividers and, with cars parked on both sides, have essentially become single-lane roads. Walking, biking and driving are already difficult and dangerous on these small streets. Increased traffic will greatly exacerbate traffic issues and safety problems.
The proposal plans exit and entry primarily on Matadero Avenue with only one egress on El Camino Real. This will push traffic from the proposed development to detour through the already saturated neighborhood routes. Traffic flow from the proposed project must exit and enter exclusively on El Camino, not Matadero Avenue.
A new traffic lane, taken from the footprint of the site, must be added to El Camino and a new lane must be added to Matadero Avenue so cars can merge, enter and exit safely. A protected bike lane should also be added along Matadero Avenue.
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2 3. Barron Park is not a walkable commercial area. Our neighborhood has no public facilities (libraries, community centers, swimming pools, etc …) and few functional retail shops, doctor’s offices, or grocery stores along this stretch of El Camino.
Our neighborhood is constantly labeled a commercial/retail/walkable/transit-oriented center as a primary reason for why it should be the target for this type of massive development. But those characteristics are being greatly diminished by developers using them for their benefit.
Developers demand the up-zoning that comes with being in a retail corridor but fight to minimize retail in their own developments as it cuts into their project profits. Developers demand up-zoning that comes with a ‘walkable area’ label but do not want to set back their building from the streets so people can have space to walk. Neighbors are bearing the costs of the overdevelopment of a “walkable commercial center”, but there is no effort on the city’s part for improving our neighborhood to meet those labels.
Since Barron Park lacks public amenities and community facilities, project developers should incorporate a Barron Park Community Center in this project – a legitimate, active community center not a closet-sized room where residents are forced to rent space for $30/hour as with Palo Alto’s recent Alma Plaza Project.
4. The area cannot absorb overflow parking resulting from the overly optimistic parking requirement assumptions outlined in the development proposal. Cars are a necessary part of life in this area and parking for the development needs to be based on this fact.
Public transit in Barron Park is limited to El Camino bus routes and is woefully inadequate and inefficient. Availability of alternate forms of transportation does not eliminate the need for cars or parking. A person can bike to work, take a bus to the mall and still keep a car for weekend travel, occasional emergencies or rainy days. If a car exists at all in a person’s life, used daily or otherwise, it needs a parking space on the project site and not left on neighborhood streets.
High rents increase the likelihood that even the studio apartments will be occupied by at least two working and driving individuals. The development needs to provide residents with two free parking spaces per unit. This neighborhood does not have the capacity to absorb overflow from optimistic underestimation of car ownership and parking needs.
The Barron Park neighborhood has already been negatively affected by the City’s underestimate of needed parking at our neighborhood residential complexes. The stretch of Los Robles near Buena Vista has essentially become an overflow parking lot with a large section of the street perpetually parked full of cars that the City’s Planning Department assured everyone Buena Vista’s residents would not have.
While this Creekside site has potential to host a positive community asset, this massively over scale proposal is a poorly planned, thoughtless wreck. The plans are a mess and the City needs to address these issues before moving forward with redevelopment at this site.
Lisa Landers, Barron Park Resident
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From: Lisa Landers
To: Sauls, Garrett
Subject: creekside project concerns
Date: Friday, September 9, 2022 12:11:10 PM
Attachments: creekside letter v1.4.pdf
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Hi Garrett,
Thanks for taking the time to meet with the BPA.
Attached is a letter outlining some of my concerns.
Regards,
Lisa Landers
Barron Park Resident & BPA Board Member
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From: Kellie Stafford
To: Burt, Patrick; Tanaka, Greg; Kou, Lydia; DuBois, Tom; Cormack, Alison; Stone, Greer; Filseth, Eric (Internal); [email protected]; Sauls, Garrett
Subject: Creekside/Oxford Group development project
Date: Friday, September 9, 2022 4:24:17 PM
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To all it concerns.
My name is Kellie Stafford. I live at 625 Matadero Avenue in Barron Park. I am on the 2nd block down from El Camino and will be directly affected by the Creekside Apartment development.
While I am for housing being built, the proposed project by the Oxford Group will not only NOT supply Palo Alto with the affordable housing it needs, but it will also cause numerous issues that will directly affect the Barron Park neighborhood and its residents.
1. An average teacher in Palo Alto makes approximately $67,000.00/year.
An average "blue collar worker" makes an average of $57,000.00/year. The development caters to "moderate income" persons making $80,000.00- $120,000.00 a year. The persons who need housing the most, will not be able to afford even a studio at the complex.
2. This is not catering to families. Approximately 3/4 of the units are Studio and 1 bedroom apartments. How are we supposed to house people like the ones living in RV's on the side of El Camino? Isn't increasing housing in Palo Alto and California supposed to help those who need it most? This complex will not do that.
3. Parking on ALL Barron Park (BOTH sides of El Camino Real) streets must become residential permit parking only. The complex will offer 1 parking space to each unit and they will have to pay a fee for it. This is quite absurd considering the residents will park on Matadero, Margarita and El Camino. El Camino, although a highway, must have restrictions put on how long a car can be parked along it. All this will cause congestion along El Camino and all the adjoining streets.
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4. Safety is a huge concern when it comes to only two entrances and exits from the property. It will cause congestion on both El Camino and Matadero.
Matadero is a bike friendly street. Even today with just the hotel, I see near- miss accidents between bikers and cars at least a couple of times a week.
5. There are over 50 old trees on the corner that are over 21" in diameter.
The Oxford Group plans to tear down all those trees. This is not allowable and needt to not be overlooked.
6. The City needs to protect the employees that work for Driftwood Market, Cibo and the hotel. While we look to build housing, how did it become ok to destroy small businesses and put 50 people out of work??? I am the 4th generation of my family from Palo Alto. My great grandmother was born on Stanford Avenue. I was born at Stanford Hospital. I attended Barron Park Elementary School, Juana Briones, St. Elizabeth Seton and Gunn High School. If you approve this project you are going against everything that makes Barron Park, Palo Alto a community. You are going against the Comp Plan for Palo Alto; to preserve the neighborhood. Please preserve our neighborhood, your city.
Please do not approve this project and if and when the Oxford Group redo their plans to actually be a part of our neighborhood and truly help our neighbors, do not allow them any tax breaks.
Thank you for your time.
Kellie Stafford
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From: AMY SILVER
To: Burt, Patrick; Tanaka, Greg; Kou, Lydia; DuBois, Tom; Cormack, Alison; Stone, Greer; Filseth, Eric (Internal); [email protected]; Sauls, Garrett
Subject: Creekside/Oxford Group Development Project
Date: Tuesday, September 13, 2022 2:42:40 PM
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To all it concerns,
While I am for housing being built, the proposed project by the Oxford Group will not only NOT supply Palo Alto with the affordable housing it needs, but it will also cause numerous issues that will directly affect the Barron Park neighborhood and its residents.
1. An average teacher in Palo Alto makes approximately $67,000.00/year.
An average "blue collar worker" makes an average of $57,000.00/year. The development caters to "moderate income" persons making $80,000.00- $120,000.00 a year. The persons who need housing the most, will not be able to afford even a studio at the complex.
2. This is not catering to families. Approximately 3/4 of the units are Studio and 1 bedroom apartments. How are we supposed to house people like the ones living in RV's on the side of El Camino? Isn't increasing housing in Palo Alto and California supposed to help those who need it most? This complex will not do that.
3. Parking on ALL Barron Park (BOTH sides of El Camino Real) streets must become residential permit parking only. The complex will offer 1 parking space to each unit and they will have to pay a fee for it. This is quite absurd considering the residents will park on Matadero, Margarita and El Camino. El Camino, although a highway, must have restrictions put on how long a car can be parked along it. All this will cause congestion along El Camino and all the adjoining streets.
4. Safety is a huge concern when it comes to only two entrances and exits from the property. It will cause congestion on both El Camino and Matadero.
Matadero is a bike friendly street. Even today with just the hotel, I see near- miss accidents between bikers and cars at least a couple of times a week.
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5. There are over 50 old trees on the corner that are over 21" in diameter.
The Oxford Group plans to tear down all those trees. This is not allowable and needt to not be overlooked.
6. The City needs to protect the employees that work for Driftwood Market, Cibo and the hotel. While we look to build housing, how did it become ok to destroy small businesses and put 50 people out of work??? I grew up in Palo Alto. My mom and brother still live in Palo Alto. I was born at Stanford Hospital. I attended Juana Briones and Gunn High School. If you approve this project you are going against everything that makes Barron Park, Palo Alto a community. You are going against the Comp Plan for Palo Alto; to preserve the neighborhood. Please preserve our neighborhood, your city.
Please do not approve this project and if and when the Oxford Group redo their plans to actually be a part of our neighborhood and truly help our neighbors, do not allow them any tax breaks.
Thank you for your time.
Amy Silver
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Packet Pg. 47
From: Star Teachout
To: Sauls, Garrett
Subject: Input on 3400 ECR/Creekside Development
Date: Friday, September 9, 2022 2:53:13 PM
Attachments: PaloAlto-Draft-RHNA-1.png
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Thanks for including this in the packet Garrett! I didn’t realize the due date was today so I’m afraid I rambled a bit! Dear City Council,
Thank you for the opportunity to comment on the 3400 el Camino Real/Creekside project being proposed to help meet our RHNA goals. This site could be a very useful addition to our housing resources—especially for very low to low income residents (<50% up to 80% of local median incomes)—but this proposed development is far too large for this site, resulting in probable creek/tree degradation, severe traffic impacts, reduction in neighborhood quality of life, and reduced safety due to its proximity to a busy intersection and the arterial traffic that would flow through neighborhoods and the bicycle boulevard (Safe Routes to School) which does not have bike lanes.
There isn’t time to delve into all the assumptions and population projections that HCD/ABAG used as the basis for allocating 441,176 additional housing units to our Bay Area, nor whether the consequences of COVID should prompt a re-evaluation of those assumptions, so below are some brief (but expanded) details about why this proposed project needs to be redesigned, reduced, and resubmitted.
1. Infrastructure: lacking essential services near enough to promote walking/cycling; lacking an adequate road/transit system. [FYI: I cycle everywhere within a 3+ mile radius and know the habits of people who live nearby and still drive to Cal Ave.] Services: This locale is not close enough for (non-car) typical daily services—food markets, banking, medical, CalTrain, libraries, etc. without some major connectivity improvements to our bus system, and although our elementary schools have lowered enrollment, our high schools are near or surpassing the capacity for promoting a healthy, connected student body (they are already too large and anonymous). The collection of garbage alone would seem very problematic since the waste vehicles come very early and would have to travel through the narrow meandering path onsite. Noise from the ground level commercial sites should also be closely evaluated.
This project scale would be more appropriate for areas not car-dependent or those with multiple car lanes, public transit, and bike lanes offering safer alternate routes for cycling to services. Examples: the Fry’s site, the Varian site on Page Mill (easy access to Foothill/280, or biking down to Cal Ave), or the San Antonio x Middlefield (to Charleston) being discussed. If the state is serious about providing housing, why are they not putting in place the appropriate transportation infrastrucure—getting a bicycle lane on ECR and a light rail down the middle! Traffic at Matadero x ECR: It is highly unlikely the on-site circulation and vehicle trips will be consistent with the City’s Bicycle and Pedestrian Transportation Plan and the Council’s Local Transportation Impact Analysis Policy. The current proposal of 382 units keeps the existing driveway on ECR (@Cibo’s) with an immediate traffic light followed by a second one a block away (x Matadero). This would be a severe bottleneck, but even worse is the proposed driveway on Matadero. Currently, just the few cars attempting to get out of the Driftwood Market create havoc with this intersection where cars are quickly turning off ECR often to be faced with a queue of cars attempting to get out onto Matadero and/or onto ECR. Anyone traveling south from this proposed project will avoid this difficult intersection—a current danger to cyclists/peds*—and drive through the shoulder-less streets of Barron Park, endangering both peds and cyclists. The position of the buildings being built both on ECR and Matadero block the site lines which also makes it more dangerous. It would be much better for the development to purchase an egress on the northside and route traffic onto Hansen Way. *According to the Comprehensive Plan, a bicycle boulevard is a low volume through street where bicycles have priority over automobiles , conflicts
between bicycles and automobiles are minimized and bicycle travel time is reduced by the removal of stop signs and other impediments to bicycle travel.
The removal of STOP signs is especially important in Palo Alto due to the large number of stop signs on local and collector streets.
Palo Alto is already lacking an effective transportation plan, particularly for cross-town travel. Please put some energy and finances into making/promoting a stellar bus/bike system that would serve our city well. This is critical for quality of life and reducing GHGs from car trips, but also for the safety of residents. AND, this provides the infrastructure we need to increase density within our city.
2. Comprehensive Transportation Plan: We need a comprehensive plan which includes projected car-trips and new transportation resources to address additional traffic from recent projects, those underway, and those imminent.
What with many development projects adding to our city limits, it is reasonable to ask for our city’s thoughts on how traffic will flow and be managed in as controlled a way as possible. Just in the Barron Park area these are some of the ones I know about—there are probably more!:
- in process (3225 ECR x Portage 3700 ECR opposite Barron Ave, former 3800 ECR Compadre’s site) - imminent (Fry’s, Ventura)
- on your radar (3585 ECR x Matadero, 3600 ECR opposite the 3400 project, the empty lot 4146 ECR, 3903 ECR Star 1 Bank site, Hansen Way, Olive St., Lambert,etc.).
3. BMR: The project states that BMR will be between 80-120% of the local income. This is really targeting residents in the moderate to above moderate income brackets rather than the 2,452 in the very low to low brackets.
Palo Alto Draft RHNA
4. Environmental: We are attempting to improve the health of our local ecosystems and humans too. But the request to rezone to allow for increased number of residents, greater building heights, removal of trees, creek impacts from excavation, and even the increase in noise and lights are all problematic with this project. If commercial businesses include restaurants and bars where will they park? I look forward to reading more of the analysis that would be needed for a thorough impact report.
5. Other: Community rooms and ADUs
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I’m sad that we aren’t considering the addition of a local youth center/community gathering (indoor) rooms as part of this/any large-scale development projects. We can endure high density if we have the opportunities to come together as a community. From the rare times my knitting group has been able to meet in the Mitchell Park Library study rooms it is apparent how valuable these things are. Please consider ways to include resources to local residents that not only eliminate car trips, but also help us feel part of a community and not simply part of a large residential project.
A recent idea I heard proposed is to grandfather all existing undocumented ADUs and include them in the count. There could be minimal code upgrades required (eg, only electrical, emergency exits), which the city could even subsidize if we are that desperate for adding to the 6000+ goal.
Thanks for considering, and please continue to reach out to residents to build some consensus on these large-scale projects, Star Teachout
3550 Whitsell Avenue
Palo Alto, CA 94306
[email protected]
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From: Shiv Shanker Sharma
To: Council, City; Sauls, Garrett
Date: Friday, September 9, 2022 2:40:15 PM
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Dear City Council Members,
I am writing in regard to the proposal for an enormous apartment complex in Barron Park.
I’m writing to express my discontent with the project and, alongside so many in Palo Alto, am expressing strong opposition to it.
I agree with the concerns outlined in the Barron Park Association Board letter submitted to City Council. Some specific concerns that I wish to highlight include:
- This project would be at one of the main entrances into Barron Park. This nearly 400 unit complex will cause major congestion and cause danger to the many children biking/walking to school along this path
- The construction will take considerable time, and there are families and children in the neighborhood who will be very negatively impacted during the construction - This will create an influx of students on the local schools and create a resource scarcity - This will alter the nature of the Barron Park community and make it more crowded/congested/busy/loud
Kindly consider my and others' concerns and reject this proposal immediately. There are many other reasons for why this project should not move forward and I’m happy to walk you through them one by one over a zoom or phone call. Others in our neighborhood also feel very passionately against this proposal and the handling of this matter will absolutely be considered when election time comes around.
Sincerely,
Shiv Sharma
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From: Kari H
To: Council, City
Subject: Proposed Creekside Inn development
Date: Thursday, September 8, 2022 4:11:56 PM
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Hello,
I strongly disagree with the City for considering this development. Obviously, none of you live close to that area or you too would understand the burden this development places on those who own houses in barron park. I guess since the 2 homes I own in Palo Alto are in Greenmeadow I too should ignore why this proposal hurts so many of our community members. Please do not agree to these ridiculous terms. The parking nightmare alone you are condemning these people should weigh heavily on your conscience. Imagine everyday coming home to all the spill over cars, who have no garage space, parked bumper to bumper on your street.
Please do not do this to our neighbors.
Thanks,
Kari Hodgson
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From: joe stafford
To: Council, City
Cc: [email protected]
Subject: Proposed development of the property at 3400 El Camino Real, Palo Alto Date: Friday, September 9, 2022 12:15:14 PM
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________________________________
Ladies & Gentlemen;
I am a 45 year resident living at the corner of Matadero and Josina in Palo Alto.
The proposed development referenced above is “not feasible” to quote the attached September 7 letter to the City Council from the board of the Barron Park Association (BPA).
In fact, the proposal conforms to the “New York Realtor-Trump school” which advises:
“If you want to negotiate to end with your opponent’s “nearly unacceptable” position - Start with “Outrageous”.
I commend the effort of the BPA Board for a thorough review of the numerous, serious failings of the Oxford Capital Group’s proposal.
However, from the standpoint of a resident who would be directly affected, I view the proposal as simply Outrageous.
One which should be declined without further discussion.
Respectfully
Jonas Stafford
655 Josina Ave
Palo Alto, Ca
650 493 3289
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From: Bill Kelly
To: Sauls, Garrett; Council, City
Cc: Lisa Kelly
Subject: Proposed project at the Creekside Inn
Date: Thursday, September 8, 2022 7:31:30 AM
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________________________________
Dear City Council and Planning Commission,
We are very concerned about the scale of the project proposed for the Creekside Inn. As a 30 year resident of Chimalus Drive, we have deep concerns over the height of the project as it will impact the privacy of our neighbors on Chimalus, on the overall size of the project as it will severely impact our egress from Barron Park, finally we’re very concerned about bike safety on Madadero avenue.
The sightlines for the upper stories of this project would overlook our backyards. This seems an overly intrusive for the city to approve this project. Could a tree buffer between the project and Chimalus be devised? Or some other remediation of the view?
Currently, visitors exiting the Creekside Inn in their vehicles often don’t understand that they are entering a street, and they pull out without looking. Several years ago, this street was declared a bike superhighway for children transiting to Gunn and Barron Park School. This was done, despite making no changes to the narrow road.
Vehicles on Matadero road often travel at speeds 15-20 miles over the speed limit, even with speed bumps. When the speed bumps were installed, they were effective, however, a few weeks after they were installed, the bumps were lowered, and we have seen modern cars like Tesla’s take the new bumps at 40 miles per hour without impact.
Adding possibly hundreds of cars to the morning commute would at the Matadero interchange would make this egress unusable for existing residence and dangerous to school children on bikes.
We are committed to increasing housing in Palo Alto, and if a project could adhere to current zoning requirements that would be beneficial for Palo Alto, but this project is way out of scale.
Bill & Lisa Kelly
632 Chimalus Dr.
Palo Alto CA 94306
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You don't often get email from [email protected]. Learn why this is important From: John Schwarz
To: Sauls, Garrett
Subject: Re: 3400 ECR - Email List?
Date: Tuesday, August 16, 2022 8:43:00 AM
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Hi Garrett,
OK, that is very helpful, thanks again!
John
From: "Sauls, Garrett" <[email protected]> Date: Tuesday, August 16, 2022 at 8:40 AM
To: John Schwarz <[email protected]>
Subject: RE: 3400 ECR - Email List?
Hi John,
We have not had a meeting for 3400 El Camino Real yet, but we plan to target the September 19 City Council meeting. At that meeting, we will learn whether the Council is supportive of this design approach or not which will inform the applicant to pursue the application or drop it.
My colleague Emily Foley is reviewing the application at 70 Encina Avenue: [email protected] .
Best regards,
Garrett Sauls
Planner
Planning and Development Services Department
(650) 329-2471 | [email protected]
NEW Parcel Report | Palo Alto Municipal Code | Online Permitting System | Planning Application Forms & Handouts | Planning Applications Mapped
From: John Schwarz <[email protected]>
Sent: Tuesday, August 16, 2022 8:27 AM
To: Sauls, Garrett <[email protected]>
Subject: Re: 3400 ECR - Email List?
Hi Garrett,
OK, thank you. I was thinking there might be an email list for future hearing updates, etc., but I will just check the web pages periodically. I did visit the project pages and was wondering what had transpired at the July 14 meeting for 3400 ECR. Is there anything you can tell me about the feedback received or next steps for that one?
I will reach out to Claire too. Is the 70 Encina Ave. project assigned to someone else?
Thanks very much for the help. Have a nice day.
John Schwarz
(408) 623-1595
[email protected]
From: "Sauls, Garrett" <[email protected]> Date: Tuesday, August 16, 2022 at 8:03 AM
To: John Schwarz <[email protected]>
Subject: RE: 3400 ECR - Email List?
Hi John,
I don’t believe that there are emails lists created for each individual project. Instead, there are project webpages that are periodically updated.
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You don't often get email from [email protected]. Learn why this is important
https://www.cityofpaloalto.org/Events-Directory/Planning-and-Development-Services/3400-El-Camino-Real-22PLN-00227?transfer=786aa7b6-7300-4fbe-8d2e- f26eee002571
If you are interested in contacting the project planner for 3001 El Camino Real’s project, their contact information is here: Claire Raybould – [email protected]. She can give you updates on the project timeline.
Best regards,
Garrett Sauls
Planner
Planning and Development Services Department
(650) 329-2471 | [email protected]
NEW Parcel Report | Palo Alto Municipal Code | Online Permitting System | Planning Application Forms & Handouts | Planning Applications Mapped
From: John Schwarz <[email protected]
>
Sent: Monday, August 15, 2022 4:25 PM
To: Sauls, Garrett <[email protected]>
Subject: 3400 ECR - Email List?
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
Hi Garrett,
My name is John Schwarz, and I am a planning/env. consultant in the area. I am just tracking some of the pending PHZ-type projects in Palo Alto, and I wanted to ask if you could please add me to the email list for any updates re: the 3400 El Camino Real Project.
Also, I am not sure if you are the planner involved with either the 3001-3017 El Camino Real or 70 Encina Ave. projects, but if you could also add me to the update list (or pass this along to the relevant planners) for those, that would be great.
Thank you!
John Schwarz
JHS Consulting
(408) 623-1595
[email protected]
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From: Winter Dellenbach
To: Sauls, Garrett
Subject: Re: 3400 El Camino - Creekside
Date: Monday, July 25, 2022 3:43:36 PM
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These are 2020 maps that are sent out periodically to interested residents and a couple very we informed on this subject. Glad this was helpful, Garrett. I am sure not any kind of expert on this.
I do know that developer have been caught by surprise more than once - facebook site that College Park residents uncovered (I think) and now the Foot Locker site.
I really don’t want this one to be a 3rd and don’t want BP residents to have to hire its own expert.
As I said in our meeting, a reasonable size proposal, respectful of the Creek, recognizing the actual constraints of the site could be good. But by adding that many people/units and the height/density/underground garage needed to achieve it just blows out one of two main entryways (also Los Robles) to Barron Park. If the developer shows actual understanding and respect for legitimate community needs and uses, housing there could be a welcome addition to BP and Ventura neighborhoods. But it is far from that now.
Wiinter
On Jul 25, 2022, at 9:28 AM, Sauls, Garrett <[email protected]> wrote:
Hi Winter,
I’m happy that I was able to see you again and answer your questions. It looks like our data layer was last updated in 2004 so the maps you share below would be more recent. If this application becomes a formal project, I’ll be sure to have our environmental consultant evaluate this issue thoroughly.
Best regards,
Garrett Sauls
Planner
Planning and Development Services Department
(650) 329-2471 | [email protected]
NEW Parcel Report | Palo Alto Municipal Code | Online Permitting System | Planning Application Forms & Handouts | Planning Applications Mapped
From: Winter Dellenbach <[email protected]>
Sent: Wednesday, July 20, 2022 6:38 PM
To: Sauls, Garrett <[email protected]>
Subject: 3400 El Camino - Creekside
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________
Here’s the map I meant to bring to our meeting. Maybe it’s the same as you showed us - or not? Let me know if it’s different, please. It’s so close to site! You were very generous with your time today, Garrett. And patient.
Thank you for all the many questions of ours we you answered.
Winter Dellenbach
650 269-1917
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You don't often get email from [email protected]. Learn why this is important From: Sauls, Garrett
To: Chris Steck
Subject: RE: 3400 El Camino Real project comments
Date: Tuesday, August 30, 2022 12:20:40 PM
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Hi Chris,
Thanks for your understanding. I agree that a meeting between the applicant and community would be important if a formal project comes forward. All comments I receive will be added to the packet for the item which should be published 11 days in advance of the City Council meeting. That will be September 8 assuming the item isn’t pushed to a later date or the packet is delayed for staff to finish some items.
I haven’t seen anything from what you are talking about. Feel free to share it so I can look into it more.
Best regards,
Garrett Sauls
Planner
Planning and Development Services Department
(650) 329-2471 | [email protected]
NEW Parcel Report | Palo Alto Municipal Code | Online Permitting System | Planning Application Forms & Handouts | Planning Applications Mapped
From: Chris Steck <[email protected]>
Sent: Tuesday, August 23, 2022 2:23 PM
To: Sauls, Garrett <[email protected]>
Subject: Re: 3400 El Camino Real project comments
Thanks for your response Garrett. I understand your reasoning for the developer not being at the last BPA meeting. It’s obviously a subject all the neighbors who attended and many more who weren’t at the meeting who didn’t know about it are very passionate about. I retired after thirty years with Mountain View and I was involved in a lot of those kinds of meetings where things went south quickly when you got passionate residents together with determined developers. But at some point, in my mind the earlier the better in the process, the two sides have to meet to get both sides out if a process is going to proceed more smoothly than if they never meet. Am I correct in assuming that all of the neighbor comments you receive before the council meeting next month will be in the “packet” that council and the developer will receive prior to the meeting? How do I go about finding that packet online prior to the meeting? Did you say it’s available ten days before the meeting? On a related subject, have you seen the stories in the paper about the large proposed development on Winchester in San Jose? From those accounts it sounds like a case of how not to proceed if you’re trying to get buy in from all parties.
Thanks again,
Chris
Sent from my iPhone
On Aug 23, 2022, at 12:58 PM, Sauls, Garrett <[email protected] > wrote:
Hi Chris,
Thank you for following up and being involved in the discussion. You are correct that I spoke with one of the Transportation managers about comments I received for the neighboring site at 3300 El Camino Real. The Santa Clara Valley Water District did not want hardscaping to be located along the easement area that buffers the Research Park and Barron Park properties in that application. However, I am uncertain if they would be open to some other means to create a pathway (such as decomposed granite) that might provide equal maintenance access for them and bike/pedestrian access for City residents or Research Park tenants. The transportation manager did indicate that the potential pathway is not formally recognized in our Bike Master Plan but that they don’t want to rule out the possibility that it could eventually become something at some point in the future.
The reason that the applicant wasn’t in attendance was my fault. I didn’t pass along the information to them as I wanted to give the residents an opportunity to learn about the project from City staff. I wasn’t sure if the meeting would devolve with the applicant being present and given that it was not a meeting the City set up themselves, I also felt it would be weird to try and co-opt the meeting for ourselves to act as an intermediary between the residents and the applicant given it was Barron Park’s HOA meeting and we were just guests. I hope you can understand, but there was no ill-will from the applicant to attend, they simply weren’t aware in this case.
Best regards,
Garrett Sauls
Planner
Planning and Development Services Department
(650) 329-2471 | [email protected]
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You don't often get email from [email protected]. Learn why this is important
NEW Parcel Report | Palo Alto Municipal Code | Online Permitting System | Planning Application Forms & Handouts | Planning Applications Mapped
From: Chris Steck <[email protected]>
Sent: Saturday, August 20, 2022 1:35 PM
To: Sauls, Garrett <[email protected]>
Subject: 3400 El Camino Real project comments
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
Garrett:
First wanted to thank you for a very clear, easy to understand presentation for the Barron Park Association meeting this past Tuesday. Prior to the meeting I was informed that the notice of the meeting hadn't been posted as usual on the BPA website so many residents weren't aware of the fact the project was going to be discussed. Many more neighbors I've spoken to since said they would have attended if they'd been made aware. I also wanted to clarify your response when I asked you about the possibility of a bike path being installed in the green belt behind the homes on Chimalus down to El Camino. Based on your explanation, we came away with the thought that a paved path wouldn't be permitted in the area. You also indicated you'd informed the City Transportation department of those restrictions. Can you confirm I got that information straight and who in the Transportation department was informed of that information?
With regard to comments about the proposed project. I thought it was interesting that no one from Oxford chose to attend the meeting. Has anyone from Oxford met with you/other City representatives yet to talk about any requirements/issues associated with the site? This is another example at this stage of a project being brought forward without any interaction with the neighborhood group that stands to be most impacted by the project and the developer proposing the project. Of the more than dozen residents that spoke at the meeting, only a couple seemed to voice any support at all for the project. Everyone else voiced concern(s). I shared a number of the concerns that were voiced. In no particular order of importance, I'd be concerned about the status of the creek during the project, how the creek would be maintained after the project and what would happen to any groundwater encountered during the construction of the project. Undoubtedly the traffic study will show impacts to traffic on Matadero that can't be mitigated. Already there are traffic issues in the area. Mornings at times, traffic on Matadero is backed up enough it takes two or more signal cycles to get onto El Camino. Guests at that time coming out of Creekside Inn frequently pull out onto Matadero blocking traffic trying to get into the neighborhood until the signal turns green and they can pull into the line for El Camino. The "pedestrian beacons" on El Camino as one of the neighbors called them aren't tied into the timing of the traffic lights. As a result, rush hour traffic frequently backs all the way into the Matadero/El Camino intersection when the beacon turns red preventing any traffic from Matadero the ability to pull onto El Camino even though their light is green. Parking of extra tenant vehicles would surely be an issue. Much like the current problem with Buena Vista vehicles, their solution is to park in the retail lot out front, along El Camino, up Los Robles and onto the side streets into the neighborhood. Undoubtedly the same issue would happen here. El Camino, up Matadero and onto the neighborhood side streets. Can the current utility infrastructure accommodate a project of this size? Can the schools? Set back requirements aren't being met. Height limitations are being exceeded. New buffers would have to be created between the project and existing neighbors that would take time to establish. Loss of the existing retail (Driftwood Market). Where would they go during construction? Would they be able to afford to come back? These are just a variety of the concerns I had at this time with the preliminary understanding I have of the project at this time. Appreciate hearing back from you soon on the bike path issue/question.
Chris Steck
878 Chimalus Drive
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From: John King
To: Sauls, Garrett
Cc: Winter Dellenbach
Subject: Re: Creekside Development Proposal
Date: Wednesday, July 13, 2022 11:17:43 AM
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Just to confirm we are meeting next Wednesday July 20th at 1:30pm correct? On Wed, Jul 13, 2022 at 11:13 AM Sauls, Garrett <[email protected]> wrote:
See you both then next Wednesday. Have a good weekend!
Garrett Sauls
Planner
Planning and Development Services Department
(650) 329-2471 | [email protected]
NEW Parcel Report | Palo Alto Municipal Code | Online Permitting System | Planning Application Forms & Handouts | Planning Applications Mapped
From: Winter Dellenbach <[email protected]>
Sent: Wednesday, July 13, 2022 11:03 AM
To: Sauls, Garrett <[email protected]>
Cc: John King <[email protected]
>
Subject: Re: Creekside Development Proposal
OK Garret - John has confirmed - we can meet with you at 1:30 on the 24th at the Dev. Center. I reserved the time slot.
See you then - thanks so much.
Winter
On Jul 13, 2022, at 10:38 AM, Sauls, Garrett <[email protected] > wrote:
Hi Winter,
Whether in person or virtual we can review the plans. We do not keep any physical plans anymore after we transitioned to digital submittals. I am on the counter next Wednesday from 1:30pm-4:30pm so you are welcome to see if there are any available in-person appointments at the DC: https://outlook.office365.com/owa/calendar/[email protected]/bookings/ . We are not doing in person
appointments other than these at the moment.
Best regards,
Garrett Sauls
Planner
Planning and Development Services Department
(650) 329-2471 | [email protected]
NEW Parcel Report | Palo Alto Municipal Code | Online Permitting System | Planning Application Forms & Handouts | Planning Applications Mapped
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You don't often get email from [email protected]. Learn why this is important
From: Winter Dellenbach <[email protected]>
Sent: Wednesday, July 13, 2022 10:32 AM
To: Sauls, Garrett <[email protected]>
Cc: John King <[email protected]>
Subject: Re: Creekside Development Proposal
Hi Garret - may I butt in here - we would really like to review the actually plans with you - flip the pages so to speak. Make sure we understand the details.
May we have an in-person meeting? Are you doing those?
Winter
On Jul 13, 2022, at 10:27 AM, Sauls, Garrett <[email protected] > wrote:
Hi John,
I am available virtually anytime after 1:00pm on Tuesday. The other times I am in meetings. If you would like, I can also see if I’m available to attend your board meeting to talk about the project and answer questions.
Let me know what works for you. I can send a meeting invite for next Tuesday if you have a specific time after 1:00pm you are looking for.
Best regards,
Garrett Sauls
Planner
Planning and Development Services Department
(650) 329-2471 | [email protected]
NEW Parcel Report | Palo Alto Municipal Code | Online Permitting System | Planning Application Forms & Handouts | Planning Applications Mapped
From: John King <[email protected]>
Sent: Wednesday, July 13, 2022 10:05 AM
To: Sauls, Garrett <[email protected]>; Winter Dellenbach <[email protected]> Subject: Creekside Development Proposal
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
Hi Garrett- Thank you for sharing the link to the proposed development at the Creekside Inn location at 3400 El Camino Real, Palo Alto.
I am the current President of the Barron Park Association. Our board will be meeting early next month to review the development proposal and in advance of that meeting, I would like to meet with you to review the proposal so I can be prepared to have a solid discussion on this proposal with our board.
I would also be having Winter Dellenbach,cc'ed on this email, who has advocated on behalf of the Barron Park Association with me at that meeting.
Would you be able to meet sometime next week? Some available times are below:
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July 18 after 2:30
July 19 after 1PM
July 20 after 2:30
I would appreciate your time on this as it's a very important issue for the neighborhood.
Thank you!
--
--
John W. King
Keller Williams Realty Palo Alto
505 Hamilton Avenue, Suite 100
Palo Alto, CA. 94301
[email protected]
650-483-2710
DRE# 00868208
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From: Kellie Stafford
To: Burt, Patrick; Tanaka, Greg; Kou, Lydia; DuBois, Tom; Cormack, Alison; Stone, Greer; Filseth, Eric (Internal); [email protected]; Sauls, Garrett
Subject: Re: Creekside/Oxford Group development project - with addendum Date: Saturday, September 10, 2022 7:58:12 AM
Attachments: BPA_Letter_to_City_Council_9_07_22.docx.pdf Some people who received this message don't often get email from [email protected].
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My apologies for not including the Barron Park Association's original letter for those who may not have received it on Friday. Our formal review of the property development at the Creekside Inn is attached.
Have a nice weekend.
Kellie Stafford
625 Matadero Ave.
Barron Park, Palo Alto
On Fri, Sep 9, 2022 at 4:23 PM Kellie Stafford <[email protected] > wrote:
To all it concerns.
My name is Kellie Stafford. I live at 625 Matadero Avenue in Barron Park. I am on the 2nd block down from El Camino and will be directly affected by the Creekside Apartment development.
While I am for housing being built, the proposed project by the Oxford Group will not only NOT supply Palo Alto with the affordable housing it needs, but it will also cause numerous issues that will directly affect the Barron Park neighborhood and its residents.
1. An average teacher in Palo Alto makes approximately $67,000.00/year. An average "blue collar worker" makes an average of $57,000.00/year. The development caters to "moderate income" persons making $80,000.00- $120,000.00 a year. The persons who need housing the most, will not be able to afford even a studio at the complex.
2. This is not catering to families. Approximately 3/4 of the units are Studio and 1 bedroom apartments. How are we supposed to house people like the ones living in RV's on the side of El Camino? Isn't increasing housing in Palo Alto and California supposed to help those who need it most? This complex will not do that.
3. Parking on ALL Barron Park (BOTH sides of El Camino Real) streets must become residential permit parking only. The complex will offer 1 parking space to each unit and they will have to pay a fee for it. This is quite absurd considering the residents will park on Matadero, Margarita and El Camino. El Camino, although a highway, must have restrictions put on how long a car can be parked along it. All
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this will cause congestion along El Camino and all the adjoining streets.
4. Safety is a huge concern when it comes to only two entrances and exits from the property. It will cause congestion on both El Camino and Matadero. Matadero is a bike friendly street. Even today with just the hotel, I see near-miss accidents between bikers and cars at least a couple of times a week.
5. There are over 50 old trees on the corner that are over 21" in diameter. The Oxford Group plans to tear down all those trees. This is not allowable and needt to not be overlooked.
6. The City needs to protect the employees that work for Driftwood Market, Cibo and the hotel. While we look to build housing, how did it become ok to destroy small businesses and put 50 people out of work???
I am the 4th generation of my family from Palo Alto. My great grandmother was born on Stanford Avenue. I was born at Stanford Hospital. I attended Barron Park Elementary School, Juana Briones, St. Elizabeth Seton and Gunn High School. If you approve this project you are going against everything that makes Barron Park, Palo Alto a community. You are going against the Comp Plan for Palo Alto; to preserve the neighborhood. Please preserve our neighborhood, your city.
Please do not approve this project and if and when the Oxford Group redo their plans to actually be a part of our neighborhood and truly help our neighbors, do not allow them any tax breaks.
Thank you for your time.
Kellie Stafford
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From: Art Liberman
To: Sauls, Garrett
Cc: Star-Lack, Sylvia; Arce, Ozzy; Ellson, Penny
Subject: Re: Information on the Matadero Bypass channel Date: Thursday, August 25, 2022 7:14:46 PM
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Thank you Garret. I offered the schematic images of the of the underground bypass culvert for your interest; presumably you have full engineering drawings from the water district. I was really inquiring about whether the Planning review of 3300 El Camino includes the possibility of a future bicycle connection. As you must be aware, it is only when developers propose new projects does the City have any leverage to insist on new bicycle access thorough or to the property. With the explosion of bicycling and growing popularity of e-bikes and the other new micro-mobility systems (e-skateboards, e-scooters) in our area, this is an increasingly important aspect of new proposed office and residential developments in the Research Park and elsewhere in the City. Facilitating bicycle access and insuring that the plans incentivize their use is something that Planners, like you, need to insist upon. This may not be a factor in your review of the 3300 El Camino project, but must be kept in mind for other projects.
About future bikeway plans. Will there be a bikeway route in the Water District easement (the greenbelt)? There's a lot of uncertainty now (and the Water District requirement of no hardscape over the buried channel reduces the chances). I am aware of the uncertainties of new bikeway plans from PABAC meetings and from communication with Office of Transportation staff. I know there will be a new Bicycle and Pedestrian Transportation Plan (BPTP), though there is uncertainty as to when we will have that in hand. As I mentioned, PABAC participated in advising the City staff on the elements of the new BPTP. A consultant, who is not yet on board, will fill in the details of the plan with specific suggestions for improvements to current bikeways and for some new routes, and that could take a year or two. There will be community meetings once the consultant has completed the plan and Commissions and Council review. That adds additional time and additional layers of uncertainty.
Thank you again for your consideration and for your time in responding to my inquiry.
Art Liberman
On Tuesday, August 23, 2022 at 12:36:51 PM PDT, Sauls, Garrett <[email protected]> wrote:
Hi Art,
Thanks for sharing this information. I spoke with Sylvia about this and she indicated that the pathway from the images you shared is not currently on the Master Bike Plan for the City. It sounds like there was a site visit that occurred between some managers from the City, SCVWD, and one of the city’s mayors some time ago where there was support expressed behind this potential route. I can’t speak to Transportation staff’s ability to take on this work but my recent involvement was mostly related to my project at 3300 El Camino Real (ECR). As I mentioned last week, through their review of the 3300 ECR project, staff from SCVWD indicated that they did not want hardscape over the area where their underground RCB culvert was located for maintenance purposes where the applicant had proposed a small patio. If that desire is shared for the “greenbelt” area, then it may be that a decomposed granite path is acceptable. That discussion will need to continue with the Office of Transportation and SCVWD.
There is no bike path proposed as a part of the 3300 ECR project along the shared parcel line to 3400 ECR.
If you have any questions, please let me know.
Best regards,
Garrett Sauls
Planner
Planning and Development Services Department
(650) 329-2471 | [email protected]
NEW Parcel Report | Palo Alto Municipal Code | Online Permitting System | Planning Application Forms & Handouts | Planning Applications Mapped
From: Art Liberman <[email protected]>
Sent: Wednesday, August 17, 2022 1:36 PM
To: Sauls, Garrett <[email protected]>
Subject: Information on the Matadero Bypass channel
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Garrett
As part of your work analyzing the planning application for 3300 El Camino, I understand that you are examining the issues with a bike path in the Water District Easement on Stanford land behind homes on Chimalus.
Let me inform you about my interest. I live on Chimalus, but on the opposite side of the street from the homes that back up to the Research Park. I am interested in biking and the bike path connections as I am the Vice-Chair of PABAC, the citizen advisory Pedestrian and Bicycle Advisory Committee (PABAC), though I want to
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emphasize that I am writing here as an individual private citizen
I heard you say last night, at the BPA meeting discussion on the Creekside apartment project, that the buried concrete Bypass channel in the easement would prevent hardscape should a path along that easement be decided upon by the City.
I would like to know whether you can say publicly whether the planning for 3300 El Camino involves a bicycle connection to a proposed path in the easement and whether the City is requiring other bicycle connections.
I have found some information that may be useful to you about the Bypass channel in the Water District Archive, a 1988 report a Planning Study, Engineer's Report and Final Negative Declaration.
https://archive.org/details/csjvwd_000816/mode/2up
The report is a series of images. What the Chimalus residents call the 'Greenbelt, the land between their homes that back up to the Research Park, is called the Stanford Channel Easement in this report.
Here are the links to pages from this report that mention the section of the Matadero Channel bypass from El Camino to the bike path (the section that goes between Matadero and Hanover).
https://ia803105.us.archive.org/BookReader/BookReaderImages.php? zip=/9/items/csjvwd_000816/csjvwd_000816_access_jp2.zip&file=csjvwd_000816_access_jp2/csjvwd_000816_access_0105.jp2&id=csjvwd_000816&scale=4&rotate=0
https://ia803105.us.archive.org/BookReader/BookReaderImages.php? zip=/9/items/csjvwd_000816/csjvwd_000816_access_jp2.zip&file=csjvwd_000816_access_jp2/csjvwd_000816_access_0106.jp2&id=csjvwd_000816&scale=4&rotate=0
https://ia803105.us.archive.org/BookReader/BookReaderImages.php? zip=/9/items/csjvwd_000816/csjvwd_000816_access_jp2.zip&file=csjvwd_000816_access_jp2/csjvwd_000816_access_0107.jp2&id=csjvwd_000816&scale=4&rotate=0
https://ia803105.us.archive.org/BookReader/BookReaderImages.php? zip=/9/items/csjvwd_000816/csjvwd_000816_access_jp2.zip&file=csjvwd_000816_access_jp2/csjvwd_000816_access_0108.jp2&id=csjvwd_000816&scale=4&rotate=0
The top figure in the last image gives a cross sectional view of the location buried bypass channel.
I hope this information is useful to you. PABAC has worked with Office of Transportation staff members Ozzy Arce and Sylvia Star-Lack to produce a framework and statement of work for the update to the Bicycle and Pedestrian Transportation Plan that will soon be issued as an RFP, seeking a consultant to create the plan. The work by the consultant to create the plan is estimated to take 12 to 18 mos. Hopefully that plan will include improved network for bicycle and pedestrian connections in the Research Park. PABAC members are always interested in improved bicycle and pedestrian connections within and to the properties in the Research Park.
Art Liberman
751 Chimalus
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From: Cheryl Lilienstein
To: Sauls, Garrett; Council, City
Subject: RE: Proposal for The Creekside Inn property on El Camino Date: Friday, August 26, 2022 8:33:19 AM
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Dear City Council Members and Garrett Sauls,
Regarding the proposed project on the Creekside Inn property on El Camino and Matadero.
You should reject it outright, and refuse to waste your time entertaining developers who are “testing the waters” with massive development proposals such as this.
The present zoning would allow 150 units, and that’s way more than enough for a site of that size. Do not rezone this property. This project has no workforce housing, which is one of the goals of Palo Alto, isn’t it?
Packing nearly 400 units, 6 stories, and building 2 levels of underground parking—on THAT corner, on THIS property with mature trees and a creek running through it !!— is truly a waste of planning staff time and tax dollars. LIkely, mitigations will be so expensive the apartments could not possibly pencil out to be affordable.
Everyone I know is disgusted by the scale of this proposal, the destruction of a beautiful site, and the developer’s maximalist plan and lack of caring about the inappropriateness of this site for a project of this scale. Does the council care about our environment, or not? Does the council care about anyone’s privacy rights and property rights, or not? I hope the council will quash this proposal and tell the developer to stick to the rules.
Consider the similarities to Mr O’Hanlon's Maybell proposal: many children biking to school, no sidewalks, bottleneck traffic, and THIS property has the added risk of underground VOC chemical issues, the creek, and adding 500 cars exiting onto Matadero, one of the few bicycle route/exit streets from the neighborhood and spillover parking as a recipe for kids getting hit by cars. And no workforce housing? Why waste your time? Council: Rather than permitting the destruction of the hotel, deli, and restaurant that adds value to our neighborhood, maybe the city could be more proactive in improving the affordable housing stock by purchasing this property and using it with minor modifications for workforce housing, and open the existing pool as recreation/public space for the Barron Park neighborhood. It’s a pleasant environment, a nice property. And if Governor Newsom can commandeer motels to house the homeless, why can’t Palo Alto use EXISTING buildings to solve some housing problems? You DO have some funds for this, no? Although this is an adjacent — but connected— issue, please recall: There are NO LONGER ANY public recreational options or services for people living west of Alma. Adding nearly 400 apartments to what is already a food and public services desert is WRONG.
Consider which public groups will oppose development or be adversely impacted by adding 400 units to this site… Along with voters and taxpayers…
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1. Santa Clara Water District
2. Low income housing advocates
3. Parents whose kids bike to school
4. Neighbors whose privacy will be eliminated
5. People trying to get to work or home who live in the neighborhood
6. Canopy
7. Bike safety advocates
8. Fire safety/ emergency response
9. VOC watchdogs
10. Public utilities: water, sewage
11. Schools
Please, reject the zoning change request. Use this property for workforce housing. Scale it back, save the trees, protect the safety of the streets, the privacy of the neighbors, and the safety of kids on bikes.
Sincerely,
Cheryl Lilienstein
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From: Ken Bencala
To: Council, City
Cc: [email protected]; [email protected]
Subject: Resident Comment
Date: Friday, September 9, 2022 2:14:54 PM
Attachments: Resident Comment 09 09 22 Creekside Height and Profile.docx Resident Comment 09 09 22 Creekside Riparian Preservation and Protection.docx Some people who received this message don't often get email from [email protected]. Learn why this is important
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Attached please find 2 files with 'Reaction to the proposed development of the Creekside Inn property, 3400 El Camino Real, Palo Alto, CA 94306'.
Ken Bencala
Sally O'Neil
Barron Park Residents
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From: Annette Glanckopf
To: Council, City
Cc: Sauls, Garrett; Clerk, City
Subject: Send back to drawing board - Replacement of Creekside Inn with Apartments Date: Sunday, September 11, 2022 2:03:00 PM
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I wanted to comment on the proposed development of the Creekside Inn site.
I don't want to lose the driftwood market and the Creekside Inn, I realize we do need more housing. However, this project needs to go back to the drawing board.
The Barron Park Association has made numerous cogent points against this development for you to consider.
Some significant points include
1) the 64 foot height exceeds the city height limit. The buildings will overlook surrounding residential homes destroying privacy.
2) increased traffic in an area that already is congested 3) lack of parking for residents (at 1 space per unit which is est $150/mo). People will park on Matadero etc, exasperating traffic issues and cause increasing issues in pedestrian and bike safety
4) destruction of the beautiful habitat and mature heritage trees so close to the creek.
I am also concerned about the impact on wildlife.
5) loss of 2 important retail businesses, so important to Barron Park. The hotel is where I have my guests stay when they visit Palo Alto
I totally support the conclusion to the Barron Park letter to council:
"The profound impact on the area’s water usage, waste management, parking, environment (with potential toxic
damage to Matadero Creek), and privacy will disrupt lives, bring unnecessary stressors to the neighborhood and increase traffic tenfold." This project should be rejected for a re-write.
Do not allow the proposed exceptions.
Do not re-zone,
Do not waive fees.
respectfully submitted,
Annette Glanckopf
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City of Palo Alto (ID # 14831)
Office of the City Clerk
City Council CAO Report
Meeting Date: 10/17/2022 Report Type: Consent Calendar
Title: Approve Minutes from the September 29, 2022 and October 3, 2022 City Council Meetings
From: Lesley Milton, City Clerk
Staff recommends Council to review and approve the minutes as presented.
ATTACHMENTS:
• Attachment3.a: Attachment A: 20220927amCCsm (PDF)
• Attachment3.b: Attachment B: 20221003amCCsm (PDF)
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CITY COUNCIL
DRAFT ACTION MINUTES
Special Meeting
September 27, 2022
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:00 P.M.
Present in person: Burt, Cormack, DuBois, Filseth, Stone, Tanaka Present Virtually: None
Absent: Kou
Closed Session
1. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch, Nicholas Raisch, Tori Anthony, Molly Stump, and Terence Howzell) Employee Organization: Service Employees International Union, (SEIU) Local 521, Utilities Management and Professional Association of Palo Alto (UMPAPA)Palo Alto Peace Officers’ Association (PAPOA), Palo Alto Police Management Association (PMA), International Association of Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs Association (FCA), Management and Professional Employees (MGMT) ; Authority: Government Code Section 54957.6 (a) MOTION: Council Member Cormack moved, seconded by Mayor Burt to adjourn to Closed Session.
MOTION PASSED: 7-0
Council went into Closed Session at 5:03 P.M.
Council returned from Closed Session at 6:30 P.M.
Mayor Burt announced there was no reportable action.
Special Order of the Day
2. 2022 US Mayor Climate Protection Award Recognition
ACTION: None Taken
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DRAFT ACTION MINUTES
(Sp.) City Council Meeting
Draft Action Minutes: 09/27/2022
3. Palo Alto Art Center and Palo Alto Art Center Foundation presentation of Fire Transforms exhibit and Climate Connections series
ACTION: None Taken
Agenda Changes, Additions and Deletions
None.
Consent Calendar
Council Member Tanaka registered a no vote on Agenda Item Number 5.
MOTION: Council Member DuBois moved, seconded by Mayor Burt to approve Agenda Item Numbers 4-9.
4. Approve Minutes from the September 12, 2022 City Council Meetings
5. Approval of Outage Management System (OMS) Contract C23184285 With Milsoft Solutions Inc. in the Amount Not to Exceed $625,994 Over a 5-Year Term
6. Adoption of Resolution 10072 Approving and Attesting to the Veracity of the City's 2021 Annual Power Source Disclosure and Power Content Label Reports
7. Approval of a First Amendment t o Lease Between KG-Bryant, LLC, and the City of Palo Alto for the Premises Located at 526 Bryant Street for an Initial 12-month Term, at a Starting Base Rent of $5,616.11 per Month and Increasing 3 Percent Annually
8. SECOND READING: Adoption of Ordinance 5561 for Renovation of the Mitchell Park Dog Park as Recommended by the Parks and Recreation Commission (FIRST READING: September 12, 2022 PASSED: 7-0)
9. SECOND READING: Adoption of Ordinance 5562 Approving the Police Department's Military Equipment Use Policy Under AB 481 (FIRST READING: September 12, 2022 PASSED 7-0)
MOTION PASSED ITEMS 4, 6-9: 7-0
MOTION PASSED ITEMS 5: 6-1, Tanaka no
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DRAFT ACTION MINUTES
(Sp.) City Council Meeting
Draft Action Minutes: 09/27/2022
City Manager Comments
Action Items
10. S/CAP Update and Initial Council Action: Acceptance of Sustainability and Climate Action Plan (S/CAP) Goals and Key Actions; Review of Proposed Reach Code Changes; Adoption of Resolutions Adopting Advanced Heat Pump Water Heater Program Guidelines, Creating and Funding Electrification Reserves and Adopting a C arbon Neutrality Goal; and Approval of Budget Amendments in the Electric Fund, Gas Fund, and General Fund ACTION: None Taken
Council Member Questions, Comments and Announcements
Adjournment: The meeting was adjourned at 10:22 P.M.
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b) . Summary minutes ( sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes an d the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website.
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CITY COUNCIL
DRAFT ACTION MINUTES
Special Meeting
October 3, 2022
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:33 P.M.
Present in person: Burt, Cormack, DuBois, Filseth, Stone, Tanaka Present Virtually: Kou
Absent: None
Closed Session
1. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch, Nicholas Raisch, Tori Anthony, Molly Stump, and Terence Howzell) Employee Organization: Service Employees International Union, (SEIU) Local 521, Utilities Management and Professional Association of Palo Alto (UMPAPA), Palo Alto Peace Officers’ Association (PAPOA), Palo Alto Police Management Association (PMA), International Association of Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs Association (FCA), Management and Professional Employees (MGMT) ; Authority: Government Code Section 54957.6 (a) ACTION: Removed from Consideration
Special Order of the Day
2. Adoption of Resolution for Heather Souza Upon Her Retirement MOTION: Council Member Cormack moved, seconded by Vice Mayor Kou to adopt a resolution for Heather Souza upon her retirement.
MOTION PASSED: 7-0
Agenda Changes, Additions and Deletions
Items 1 and 8 were removed from consideration prior to the meeting.
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DRAFT ACTION MINUTES
(Sp.) City Council Meeting
Draft Action Minutes: 10/3/2022
Consent Calendar
Council Member Cormack registered a no vote on Agenda Item Number 6.
Council Member Tanaka registered a no vote on Agenda Item Number 7.
Council Member DuBois, Stone, Tanaka requested to pull item 4.
MOTION: Council Member DuBois moved, seconded by Mayor Burt to approve Agenda Item Numbers 3 and 5-7 and pull Item 4 for discussion.
3. Approve Minutes from the September 19, 2022 City Council Meetings
4. Approval of a Professional Services Agreement With Eagle Systems (dba Synergy Companies) for Development and Administration of Heat Pump Water Heater Pilot Program, Energy and Water Efficiency, and Electrification Programs for the City's Utility Customers in a Total Not - to-Exceed Amount of $7.705M for a 3 -Year Term Through October 2025 (Pulled for discussion)
5. Approval of Construction Contract Number C23184924 with Ron Paris Construction Company, Inc. in the Amount of $990,733; Authorization for the City Manager to Negotiate and Execute Change Orders up to a Not -to-Exceed Amount of $99,073 for the Water, Gas, Wastewater Office Remodel Project, Capital Improvement Program Project PE -19001; and Approval of Budget Amendments in the Capital Improvement Fund, Water Fund, Gas Fund and Wastewater Collection Fund
6. Adoption of Resolution 1007 3 Authorizing Use of Teleconferencing for Council Meetings During Covid-19 State of Emergency
7. Adopt Resolution 10074 Authorizing the City Manager to Purchase a Portion of the City’s Natural Gas Requirements From Certain Prequalified Natural Gas Suppliers Under Specified Terms and Conditions for Delivery During Calendar Years 2023 Through 2028, Inclusive, With a $150 Million Maximum Aggregate Transaction Limit
MOTION SPLIT FOR THE PURPOSE OF VOTING
MOTION PASSED ITEMS 3,5: 7-0
MOTION PASSED ITEM 6: 6-1, Cormack no
MOTION PASSED ITEM 7: 6-1, Tanaka no
City Manager Comments
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DRAFT ACTION MINUTES
(Sp.) City Council Meeting
Draft Action Minutes: 10/3/2022
Action Items
8. TEFRA Hearing Regarding Conduit Financing for the Kehillah Jewish High School's for the Partial or Full Refinancing of the 2014 Loan and Financing the Development, Construction, Renovation, Improvement and Equipping of the Corporation's Campus at 3900 Fabian Way, Palo Alto; and Approving the issuance of a Tax -exempt Loan by the California Municipal Finance Authority for this Purpose and Other Matters Relating Thereto ACTION: Removed from Consideration
9. Acceptance of Sustainability and Climate Action Plan (S/CAP) Goals and Key Actions; Review of Proposed Reach Code Changes; Adoption of Resolutions Adopting Advanced Heat Pump Water Heater Program Guidelines, Creating and Funding Electrification Reserves, Amending the City’s Policy on the Use of Cap and Trade Allowance Revenues, and Adopting a Carbon Neutrality Goal; Approval of Budget Amendments in the Electric Fund, Gas Fund, and General Fund; and Direction to Staff to Amend the 2022 Utilities Legislative Guidelines MOTION: Council Member Cormack moved, seconded by Council Member DuBois to
1. Direct staff to implement the Advanced Heat Pump Water Heater Program by:
A. Adopting Resolution 10075 (Staff Report 14606, Attachment C) approving the Advanced Heat Pump Water Heater Program Design Guidelines; B. Adopting Resolution 10076 (Staff Report 14606, Attachment D) creating an Electrification Reserve, establishing reserve guidelines, and transferring $4.5 million from the Electric Special Projects Reserve to the Electrification Reserve; C. Adopting Resolution 10077 (Staff Report 14606, Attachment E) amending the City’s Policy on the Use of Freely Allocated Allowances Under the State's Cap- and-Trade Program and authorizing the City Manager to use $1.25 million from the Gas Utility Cap and Trade Reserve for the Advanced Heat Pump Water Heater program; and
D. Amending the Fiscal Year 2023 Budget Appropriation by:
i. For the Electric Utility Funds:
a. Increase Electric Resource Management Operating Expenses for Contract Services by $4,763,000
b. Decrease Electrification Reserve by $4.5 million
c. Decrease Electric Supply Operations Reserve by $150,000 d. Decrease Electric Distribution Operations Reserve by $86,000 ii. For the Gas Utility Funds:
a. Increase Gas Resource Management Operating Expenses for Contract Services by $1.25 million
b. Decrease Gas Cap & Trade Reserve by $1.25 million
iii. For the General Fund:
a. Increase Planning & Development Operating Expenses for Contract Services by $250,000
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DRAFT ACTION MINUTES
(Sp.) City Council Meeting
Draft Action Minutes: 10/3/2022
b. Increase Planning and Development Services Revenue for Inspection Fees by $250,000
2. Approve and authorize the City Manager or their designee to execute professional services agreement C23181953A with Eagle Systems, LLC doing business as Synergy Companies (Staff Report 14542, Attachment A)
MOTION PASSED: 6-1, Tanaka no
MOTION: Council Member Cormack moved, seconded by Council Member DuBois to
1. Accept the proposed S/CAP Goals and Key Actions (Staff Report 14606, Attachment A) as a summary of the City’s workplan under the S/CAP Framework;
2. Adopt Resolution 10078 Adopting a Carbon Neutrality Goal in 2030 to Further the Climate Goals of the Sustainability and Climate Action Plan (Staff Report 14606, Attachment F)
3. Direct staff to amend the 2022 Utilities Legislative Guidelines (Staff Report 14606, Attachment G) to include an Electrification Workforce Development guideline MOTION PASSED: 7-0
MOTION: Council Member Cormack moved, seconded by Council Member Stone to refer to staff the design of a Climate Action Commission that will include student members and to bring this referral back along with a workplan at the end of the year MOTION PASSED: 7-0
MOTION: Mayor Burt moved, seconded by Council Member DuBois to refer to S/CAP ad hoc committee to begin work on the following and present to the Council by year end an outline:
1. Identify community partner organizations and how they can help support the S/CAP moving forward
2. Preliminary committee review of a prospective commercial HVAC electrification program (E2)
3. An EV strategic plan (EV1-10)
MOTION PASSED: 5-2, Filseth, Tanaka no
10. Adoption of Support or Oppose Positions on State and Local Measures Presented to Palo Alto Voters on the November 8, 2022 Ballot
MOTION: Mayor Burt moved, seconded by Council Member Cormack to support Measure K and Measure L.
MOTION PASSED: 6-1, Tanaka no
MOTION: Mayor Burt moved, seconded by Council Member Cormack to support Proposition 1.
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DRAFT ACTION MINUTES
(Sp.) City Council Meeting
Draft Action Minutes: 10/3/2022
MOTION PASSED: 7-0
MOTION: Mayor Burt moved, seconded by Council Member Stone to support Proposition 28.
MOTION PASSED: 4-3, Cormack, Filseth, Tanaka No
MOTION: Mayor Burt moved, seconded by Council Member Filseth to support Proposition 31.
MOTION PASSED: 7-0
MOTION: Council Member DuBois moved, seconded by Council Member Cormack to support Proposition 30.
MOTION FAILED: 3-4, Kou, Tanaka, Burt, Filseth No
Council Member Questions, Comments and Announcements
Adjournment: The meeting was adjourned at 10:35 P.M.
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor NOTE: Action minutes a re prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website.
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City of Palo Alto (ID # 13857)
City Council Staff Report
Meeting Date: 10/17/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Approval of Construction Contract Number C23183908 With GSW Construction, Inc., in the Amount of $995,556 for the Two Turnouts Upgrade Project (WS -07000) on California Avenue and Page Mill Road; Authorization for the City Manager to Negotiate and Ex ecute Related Change Orders Not - to-Exceed $99,556; and Approval of Budget Amendment in the Water Fund From: City Manager
Lead Department: Utilities
Recommendation
Staff recommends that Council:
1. Approve and authorize the City Manager or their designee to execute the attached construction contract C23183908 (Linked Document) with GSW Construction, Inc. in an amount not-to-exceed $995,556 for the Two Turnouts Upgrade Project (WS -07000) on California Avenue and Page Mill Road.
2. Approve and authorize the City Manager or their designee to negotiate and execute one or more changes to contract C23183908 with GSW Construction, Inc. for related additional but unforeseen work, which may develop during the project, the total value of which shall not exceed $99,556 or 10% of the contract amount.
The total not -to-exceed amount is $1,095,112, which includes contract amount of $995,556 and a 10% contingency of $99,556.
3. Amend the Fiscal Year 2023 Budget Appropriation for the Water Fund (requires a 2/3 vote) by:
a. Increasing the Water Regulation Station Improvements (WS -07000) CIP expense appropriation by $801,000; and
b. Decreasing the Water Main Replacement (WMR) – Project 28 (WS -14001) CIP expense appropriation by $801,000; and
c. Increasing the Water Regulation Station Improvements (WS -07000) CIP revenue estimate by $117,000; and
d. Increasing the ending fund balance by $117,000.
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City of Palo Alto Page 2
Background
City of Palo Alto purchases its potable water from the San Francisco Public Utilities Commission (SFPUC). The potable water enters the City distribution system at five different locations called turnouts or water receiving stations, which consist of underground vaults and associated valves and piping that connect SFPUC’s regional water system to the City’s local distribution system.
The underground vaults also contain pressure reducing valves (PRV’s) to reduce the water pressure from the higher pressure in SFPUC’s system to the desired pressure in the City distribution system.
Generally, PRV’s require periodic maintenance and ultimately need to be replaced approximately every fifty years. Two of the City’s five turnouts (Sand Hill and El Camino Park turnouts) are between 10 and 20 years old and the other three turnouts are more than 60 years old. Two of these older turnouts (Page Mill and Arastradero turnouts) had PRV’s replaced around 20 years ago. The Page Mill turnout currently requires limited improvements and the remaining turnout on California Avenue is due for replacement, which will consist of new piping, PRV’s, seismic upgrades, and other ancillary repairs.
Discussion
Project Description
The scope of this con tract includes performing work on the Page Mill and California Avenue turnouts. The Page Mill turnout will have one specific repair performed, while the California Avenue turnout will receive substantial upgrades.
Page Mill turnout contains a large PRV s upported by a pedestal . PRV’s typically need to be restrained to keep thrust forces from moving them, but the Page Mill PRV is not restrained, because it has unrestrained couplings on either side of it. Performing annual maintenance on the PRV requires isolating the vault by closing valves upstream and downstream of the PRV, but this temporarily increases the thrust forces on the PRV. In 2019, after the vault piping was repainted, it became evident that annual maintenance was causing the PRV to shift substantially on its pedestal. Since the pedestal is not very wide, annual maintenance could cause PRV failure and safety concerns . For this reason, the City has been unable to complete annual maintenance on the turnout for the last two years . The proposed project provides the most cost-effective and least disruptive restraint system to install, which will prevent the PRV from moving while avoiding significant rework of the vault piping.
The California Avenue turnout requires more significant upgrades due to pipe corrosion and the age of the PRV and other appurtenances at the turnout. The work includes replacement of vault piping and valves, replacement of some piping in an adjacent vault and in the street, seismic retrofitting, floodproofing, lead -based paint re mediation, electrical and instrumentation work, and reconstruction of the vault roof to include manholes for overhead access. The overhead 4 Packet Pg. 81
City of Palo Alto Page 3
access is needed to allow for the placement and removal of large equipment and to facilitate PRV maintenance.
To reduce impacts on utility customers, a water bypass around the turnout will be installed to continue water service to customers during construction. The water bypass will be installed by Utility Operations staff and tested before the turnout is taken offline for construction. Staff has also coordinated with other City departments and SFPUC to minimize impacts caused by any water shutoffs and construction.
The construction duration is approximately three months and work will generally be performed between 8:3 0 AM and 5:00 PM, Monday through Friday. Construction must be complete by summer 2023 t o ensure the water system is capable of meeting water demands. Additionally, to help avoid unnecessary disruption to retailers along California Avenue during the holida y season, construction will not be allowed during the two -week period between December 19, 2022 and January 2, 2023, unless approved by the City.
Bid Process
On July 12, 2022, the City posted a notice inviting formal bids (IFB) for the Two Turnouts Project on the City’s electronic procurement system, PlanetBids. The bidding period was 28 calendar days. The City received one (1) bid from a qualified contractor on August 9, 2022 as listed on the attached Bid Summary (linked document). Staff believes that only one bid was received due to the current large demand for construction work in the Bay Area, coupled with a shortage of qualified workers that restricts the number of projects contractors can take on.
Staff has reviewed the submitted bid and recommends that the bid of $995,556 submitted by GSW Construction , Inc. b e accepted and that GSW Construction , Inc. be declared the lowest responsible and responsive bidder. The bid is approximately 11 percent above the staff engineer's estimate of $900,000. Staff believe s that the difference is due to recent increases in the c ost of fuel, materials and labor for this type of work, and current high demand for construction work in the Bay Area . The contingency amount of $99,556, which equals 10 percent (10%) of the total contract amount, is requested for additional unforeseen wor k that
BID NAME/NUMBER
TWO TURNOUTS UPGRADE PROJECT, CIP
WS-07000, IFB NUMBER 183908
Proposed Length of Project 66 working days
Number of Bids Mailed to Contractors 0 (electronic documents were available in PlanetBids) Number of Bids Mailed to Builder’s Exchanges 0
Total Days to Respond to Bid 28
Pre-Bid Meeting? Yes (Mandatory)
Number of Prequalified Company Attendees at
Pre-Bid Meeting
4 Number of Bids Received: 1
Bid Price Range $995,556
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may develop during the project. Additional work is possible with construction projects because during construction there may be previously unknown obstructions or ground conditions that require changes in how construction will proceed, leading to ch ange orders that may create additional costs. A contingency fund is necessary to prevent significant delays in the project to handle these unforeseen conditions, which could otherwise result in longer road closures and disruptions. Any unspent contingency funds are returned to reserves at the end of the project.
Staff confirmed with the Contractor's State License Board that GSW Construction, Inc. and their four (4) listed subcontractors, have active licenses on file. Staff checked references provided b y GSW Construction, Inc. for previous work performed and received positive feedback from other agencies. Staff also confirmed that GSW Construction , Inc. and their subcontractor s are registered and in good standing with the Department of Industrial Relations (DIR).
Resource Impact
The recommendations in this report require an FY 2023 budget amendment in the Water Fund.
Funding of approximately $531,000 remains currently available of the FY 2023 Adopted Capital Budget for the Water Regulation Station Imp rovements Project (WS -07000) for this work, leaving an estimated funding gap of $801,000. Th e expense increase to WS -07000 is recommended to be offset with a corresponding expense reduction to the Water Main Replacement (WMR) Project 28 (WS -14001) of $801,000. Funding is available in WS-14001 due to lower than anticipated bids for WMR 28 (Staff Report 13763 ). This report also recognizes $117,000 in revenue anticipated to be received as reimbursement from the SFPUC. This money will fall to Water Fund reserves once SFPUC reimburses the City for their portion of the work.
Water Fund Revenues Expenses
Pre-construction, Construction Management $ 237,211 Construction contract + 10% Contingency $ 1,095,112 Total Estimated Costs $ 1,332,323
FY 2023 Current Available Budget (WS-07000) $ 531,323
Additional Recommended Funding to WS-07000 $ 801,000 Revenue Offset from SFPUC $ 117,000
The increased cost of this project is due to the scope being expanded during the design process.
At first, the City planned to only replace piping in the vault, but during design, staff realized that there was no way to move large equipment in and out of the vault, and that rebuilding the vault roof to add overhead access is required to replace the piping. Also, removal of lead paint from the walls a nd ceiling of the vault was added to the scope, due to health and safety concerns.
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this project significantly exceeds the City’s in -house construction resources making it necessary to contract out the work.
Policy Implications
The approval of this contract is consistent with existing City policies including the Council approved 2018 Utilities Strategic Plan -Strategic Objectives, Priority 4 - Strategy 1 “Establish a proactive infrastructure replacement program, based on planned replacement before failure to support reliability and resiliency.” Facing an evolving utility business environment, aging infrastructure needs, and sustainability objectives, CPAU must maintain a competitive position in the market. Remaining financially sustainable and competitive in the market while optimizing our resources is key to maintaining a nd enhancing our value to customers. Strategies in this Priority focus on proactively renewing and managing CPAU’s infrastructure, continuously improving financial processes, enhancing infrastructure maintenance programs, defining CPAU’s role in community resiliency, and achieving sustainable energy resource and water supply plans.
Stakeholder Engagement
The project locations are shown on the attached Project Location Map ( Linked Document). The City will provide written notification to all affected property occupants prior to the start of construction. The Contractor will also pro vide two written notifications of the work to all abutting property occupants, one at least 15 days prior to the commencement of work at their specific locations, and a second 24 hours prior to mobilization. Work will be performed between 8:30 AM and 5:00 PM Monday through Friday.
Environmental Review
This project is categorically exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15301 (repair, maintenance of existing facilities) and 15302 (replacement or reconstruction of existing facilities).
Attachments:
• Attachment4.a: Attachment A: GSW Construction, Inc. Contract; C23183908 4 Packet Pg. 84
Rev. September 29, 2021 1 PART 4 – CONSTRUCTION CONTRACT
CONSTRUCTION CONTRACT
Contract No. C23183908
City of Palo Alto
Two (2) Turnouts Project
CI TY OF
PALO
ALTO
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CONSTRUCTION CONTRACT
TABLE OF CONTENTS
SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS…………………………………….………….6
1.1 Recitals……………………………………………………………………………………………………………………...6
1.2 Definitions………………………………………………………………………………………………………………….6 SECTION 2 THE PROJECT………………………………………………………………………………………………………..6 SECTION 3 THE CONTRACT DOCUMENTS.……………………………………………………………………………...7
3.1 List of Documents.…………………………………………………………………………………………..............7
3.2 Order of Precedence…………………………………………………………………………………………….......7 SECTION 4 CONTRACTOR’S DUTY…………………………………………………………………………………………..7
4.1 Contractor's Duties……………………………………………………………………………………………………..7 SECTION 5 PROJECT TEAM……………………………………………………………………………………………………..8
5.1 Contractor's Co-operation…………………………………………………………………………………………..8 SECTION 6 TIME OF COMPLETION………………………………………………………………………………………….8
6.1 Time Is of Essence……………………………………………………………………………………………………….8
6.2 Commencement of Work……………………………………………………………………………………………8
6.3 Contract Time…………………………………………………………………………………………………………….8
6.4 Liquidated Damages…………………………………………………………………………………………………..8
6.4.1 Other Remedies……………………………………………………………………………………………………….8
6.5 Adjustments to Contract Time……………………………………………………………………………………9 SECTION 7 COMPENSATION TO CONTRACTOR………………………………………………………………………9
7.1 Contract Sum………………………………………………………………………………………………………………9
7.2 Full Compensation………………………………………………………………………………………………………9 SECTION 8 STANDARD OF CARE……………………………………………………………………………………………..9
8.1 Standard of Care…………………………………………………………………………………..……………………9 SECTION 9 INDEMNIFICATION…………………………………………………………………………………………..……9
9.1 Hold Harmless……………………………………………………………………………………………………………9
9.2 Survival………………………………………………………………………………………………………………………10 SECTION 10 NON-DISCRIMINATION……..………………………………………………………………………………..10
10.1 Municipal Code Requirement…………….………………………………..……………………………………..10 SECTION 11 INSURANCE AND BONDS.……………………………………………………………………………………10
11.1 Evidence of Coverage…………………………………………………………………………………………………10
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SECTION 12 PROHIBITION AGAINST TRANSFERS………………………………………………………………….….10
12.1 Assignment…………………………………………………………………………………………………………………10
12.2 Assignment by Law.……………………………………………………………………………………………………10 SECTION 13 NOTICES……………………………………………………………………………………………………………….10
13.1 Method of Notice ………………………………………………………………………………………………………10
13.2 Notice Recipents ……………………………………………………………………………………………………….11
13.3 Change of Address……………………………………………………………………………………………………..11 SECTION 14 DEFAULT…………………………………………………………………………………………………………......12
14.1 Notice of Default………………………………………………………………………………………………………..12
14.2 Opportunity to Cure Default………………………………………………………………………………………12 SECTION 15 CITY'S RIGHTS AND REMEDIES……………………………………………………………………………..12
15.1 Remedies Upon Default………………………………………………………………………………………….....12
15.1.1 Delete Certain Services…………………………………………………………………………………………..12
15.1.2 Perform and Withhold……………………………………………………………………………………………..12
15.1.3 Suspend The Construction Contract………………………………………………………………………..12
15.1.4 Terminate the Construction Contract for Default…………………………………………………….12
15.1.5 Invoke the Performance Bond…………………………………………………………………………………..12
15.1.6 Additional Provisions………………………………………………………………………………………………13
15.2 Delays by Sureties……………………………………………………………………………………………………….13
15.3 Damages to City………………………………………………………………………………………………………….13
15.3.1 For Contractor's Default………………………………………………………………………………………….13
15.3.2 Compensation for Losses………………………………………………………………………………………..13
15.4 Suspension by City……………………………………………………………………………………………………..13
15.4.1 Suspension for Convenience……………………………………………………………………………………13
15.4.2 Suspension for Cause…………………………………………………………………………………………......13
15.5 Termination Without Cause……………………………………………………………………………………….14
15.5.1 Compensation…………………………………………………………………………………………………………14
15.5.2 Subcontractors………………………………………………………………………………………………………….14
15.6 Contractor’s Duties Upon Termination………………………………………………………………...........14 SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES…………………………………………………………………15
16.1 Contractor’s Remedies……………………………………..………………………………………………………….15
16.1.1 For Work Stoppage……………………………………………………………………………………………………15
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16.1.2 For City's Non-Payment……………………………………………………………………………………………..15
16.2 Damages to Contractor………………………………………………………………………………………………….15 SECTION 17 ACCOUNTING RECORDS………………………………………………………………………………….……….15
17.1 Financial Management and City Access………………………………………………………………………….15
17.2 Compliance with City Requests………………………………………………………………………………………16 SECTION 18 INDEPENDENT PARTIES…………………………………………………………………………………………….16
18.1 Status of Parties……………………………………………………………………………………………………………..16 SECTION 19 NUISANCE……………………………………………………………………………………………………….………..16
19.1 Nuisance Prohibited………………………………………………………………………………………………………..16 SECTION 20 PERMITS AND LICENSES…………………………………………………………………………………………..16 SECTION 21 WAIVER…………………………………………………………………………………………………………………….16 SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS………………………………………..17
22.1 Governing Law…………………………………………………………………………………………………………………17
22.2 Compliance with Laws……………………………………………………………………………………………………..17
22.2.1 Palo Alto Minimum Wage Ordinance ………………………………………….…………………………………17 SECTION 23 COMPLETE AGREEMENT…………………………………………………………………………………………...17
23.1 Integration……………………………………………………………………………………………………………………….17 SECTION 24 SURVIVAL OF CONTRACT…………………………………………………………………………………………..17
24.1 Survival of Provisions……………………………………………………………………………………………………....17 SECTION 25 PREVAILING WAGES…………………………………………………………………………………………………..17 SECTION 26 NON-APPROPRIATION……………………………………………………………………………………………….18
26.1 Appropriation…………………………………………………………………………………………………………………..18 SECTION 27 AUTHORITY……………………………………………………………………………………………………………….18
27.1 Representation of Parties………………………………………………………………………………………………..18 SECTION 28 COUNTERPARTS……………………………………………………………………………………………….........18
28.1 Multiple Counterparts……………………………………………………………………………………………………18 SECTION 29 SEVERABILITY…………………………………………………………………………………………………………..18
29.1 Severability…………………………………………………………………………………………………………………….18 SECTION 30 STATUTORY AND REGULATORY REFERENCES ………………………………………………….........18
30.1 Amendments of Laws…………………………………………………………………………………………………….18 SECTION 31 WORKERS’ COMPENSATION CERTIFICATION………………………………………………….……….19
31.1 Workers Compensation…………………………………………………………………………………………………19
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SECTION 32 DIR REGISTRATION AND OTHER REQUIREMENTS………………………………………..…………19
32.1 General Notice to Contractor……………………………………………………………………………………….19
32.2 Labor Code section 1771.1(a)……………………………………………………………………………………...19
32.3 DIR Registration Required……………………………………………………………………………………………19
32.4 Posting of Job Site Notices……………………………………………………………………………………………19
32.5 Payroll Records…………………………………………………………………………………………………………….19
32.6 Employment of Apprentices…………………………………………………………………………………………20
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CONSTRUCTION CONTRACT
THIS CONSTRUCTION CONTRACT entered into on September 26, 2022 (“Execution Date”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("City"), and GSW CONSTRUCTION, INC. ("Contractor"), is made with reference to the following:
R E C I T A L S:
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City.
B. Contractor is a Corporation duly organi zed and in good standing in the State of California , Contractor’s License Number 1085562 and Department of Industrial Relations Registration Number PW -LR-100862135.
Contractor represents that it is duly licensed by the State of California and has the backg round, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract.
C. On July 12, 2022 , City issued an Invitation for Bids (IFB) to contractors for the Two (2) Turnouts Project (“Project”). In response to the IFB, Contractor submitted a Bid.
D. City and Contractor desire to enter into this Construction Contract for the Project, and other services as identified in the Contract Documents for the Project upon the following terms and conditions.
NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows:
SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS.
1.1 Recitals .
All of the recitals are substantive parts of this Construction Contract and are hereby incorporated herein by reference.
1.2 Definitions .
Capitalized terms shall have the meanings set forth in this Construction Contract (sometimes referred to herein as the “Contract”) and/or in the General Conditions. If there is a conflict between the definitions in this Construction Contract and in the General Conditions, the definitions in this Construction Contract shall prevail.
SECTION 2 THE PROJECT.
The Project is the Two (2) Turnouts Project, located at 524 California Ave., Palo Alto, CA and Page Mill Road, Palo Alto, CA ("Project").
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SECTION 3 THE CONTRACT DOCUMENTS.
3.1 List of Documents.
The Contract Documents (sometimes collectively referred to as “Agreement” or “Bid Documents”) consist of the following documents which are on file with the Purchasing Division and are hereby incorporated into this Construction Contract by reference.
1) Change Orders
2) Field Orders
3) Construction Contract
4) Bidding Addenda
5) Special Provisions
6) General Conditions
7) Project Plans and Drawings
8) Technical Specifications
9) Instructions to Bidders
10) Invitation for Bids
11) Contractor's Bid/Non-Collusion Declaration
12) Reports listed in the Contract Documents
13) Public Works Department’s Standard Drawings and Specifications (most current version at time of Bid)
14) Utilities Department’s Water, Gas, Wastewater, Electric Utilities Standards (most current version at time of Bid)
15) City of Palo Alto Traffic Control Requirements
16) City of Palo Alto Truck Route Map and Regulations
17) Notice Inviting Pre -Qualification Statements, Pre -Qualification Statement, and Pre- Qualification Checklist (if applicable)
18) Performance and Payment Bonds
3.2 Order of Precedence.
For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, the Contract Documents shall have the order of precedence as set forth in the preceding section. If a claimed inconsistency cannot be resolved through the order of precedence, the City shall have the sole power to decide which document or provision shall govern as may be in the best interests of the City.
SECTION 4 CONTRACTOR’S DUTY.
4.1 Contractor’s Duties
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Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents, all of which are fully incorporated herein. Contractor shall provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including, but not limited to, provision of all necessary labor, materials, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents.
Contractor also agrees to use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.
SECTION 5 PROJECT TEAM.
5.1 Contractor’s Co-operation.
In addition to Contractor, City has retained, or may retain, consultants and contractors to provide professional and technical consultation for the design and construction of the Project. The Contract requires that Contractor operate efficiently, effectively and cooperatively with City as well as all other members of the Project Team and other contractors retained by City to construct other portions of the Project.
SECTION 6 TIME OF COMPLETION.
6.1 Time Is of Essence.
Time is of the essence with respect to all time limits set forth in the Contract Documents.
6.2 Commencement of Work.
Contractor shall commence the Work on the date specified in City’s Notice to Proceed.
6.3 Contract Time.
Work hereunder shall begin on the date specified on the City’s Notice to Proceed and shall be completed not later than .
within Sixty-six (66) working days (as defined in the Special Provisions) after the commencement date specified in City’s Notice to Proceed.
By executing this Construction Contract, Contractor expressly waives any claim for delayed early completion.
6.4 Liquidated Damages.
Pursuant to Public Contract Code Section 7203 , if Contractor fails to achieve Final Completion of the entire Work within the Contract Time, including any approved extensions thereto, City may assess liquidated damages on a daily basis for each day of Unexcused Delay in achieving Final Completion, based on the amount of Three Thousand Eight Hundred dollars ($3,800.00) per day, or as otherwise specified in the Special Provision s. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents, regardless of impact on the time for achieving Final Completion. The assessment of liquidated damages is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer by delay in completion of the Work.
The City is entitled to setoff the amount of liquidated damages assessed against any payments otherwise due to Contractor, including, but not limited to, setoff against release of retention. If the total amount of liquidated damages assessed exceeds the amount of unreleased retention, City is entitled to recover the balance from Contractor or its sureties. Occupancy or use of the Project in whole or in part prior to Final Completion, shall not operate as a waiver of City’s right to assess liquidated damages.
6.4.1 Other Remedies. City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason other than Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time.
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6.5 Adjustments to Contract Time.
The Contract Time may only be adjusted for time extensions approved by City and memorialized in a Change Order approved in accordance with the requirements of the Contract Documents.
SECTION 7 COMPENSATION TO CONTRACTOR.
7.1 Contract Sum.
Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents the Contract Sum of Nine Hundred Ninety-Five Thousand Five Hundred Fifty-Six Dollars ($995,556.00).
[This amount includes the Base Bid and Additive Alternates Section A base bid items 001-005, 007- 014 and Section B base bid items 015-021.]
7.2 Full Compensation.
The Contract Sum shall be full compensation to Contractor for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover all Losses arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred due to suspension or discontinuance of the Work, except as expressly provided herein. The Contract Sum may only be adjusted for Change Orders approved in accordance with the requirements of the Contract Documents.
SECTION 8 STANDARD OF CARE.
8.1 Standard of Care.
Contractor agrees that the Work shall be performed by qualified, experienced and well -supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope and complexity of the Project.
SECTION 9 INDEMNIFICATION.
9.1 Hold Harmless.
To the fullest extent allowed by law, Contractor will defend, indemnify, and hold harmless City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter individually referred to as an “Indemnitee” and collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and liability, loss, damage, claims, expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in performing the Work or its failure to comply with any of its obligations under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. Contractor shall pay City for any costs City incurs to enforc e this provision. Except as provided in Section 9.2 below, nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee.
Pursuant to Public Contract Code S ection 9201, City shall timely notify Contractor upon receipt of any third -party claim relating to the Contract.
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9.2 Survival .
The provisions of Section 9 shall survive the termination or expiration of this Construction Contract.
SECTION 10 NON- DISCRIMINATION.
10.1 Municipal Code Requirement.
As set forth in Palo Alto Municipal Code section 2.30.510, Contractor certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to the race, skin color, gender, gender identity, age, religion, disabi lity, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. Contractor acknowledges that it has read and understands the provisions of S ection 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements, and the penalties for violation thereof, and will comply with all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
SECTION 11 INSURANCE AND BONDS .
11.1 Evidence of coverage.
Within ten (10) business days following issuance of the Notice of Award, Contractor shall provide City with evidence that it has obtained insurance and shall submit Performance and Payment Bonds satisfying all requirements in Article 11 of the General Conditions.
SECTION 12 PROHIBITION AGAINST TRANSFERS.
12.1 Assignment.
City is entering into this Construction Contract in reliance upon the stated experience and qualifications of the Contractor and its Subcontractors set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent shall be null and void, and shall be deemed a substantial breach of contract and grounds for default in addition to any other legal or equitable remedy available to the City.
12.2 Assignment by Law.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if the Contractor is a partnership or joint venture or syndicate or co-tenancy shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity.
SECTION 13 NOTIC ES.
13.1 Method of Notice.
All notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and shall be deemed served on the earlier of the following:
(i) On the date delivered if delivered personally;
(ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided;
(iii) On the date sent if sent by facsimile transmission; (iv) On the date sent if delivered by electronic mail; or (v) On the date it is accepted or rejected if sent by certified mail.
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13.2 Notice to Recipients.
All notices, demands or requests (including, without limitation, Change Order Requests and Claims) from Contractor to City shall include the Project name and the number of this Construction Contract and shall be addressed to City at:
To City: City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Copy to: City of Palo Alto
Public Works Administration
250 Hamilton Avenue
Palo Alto, CA 94301
Attn:
[Include Construction Manager, If Applicable.]
_______________________________
_______________________________
_______________________________
_______________________________
City of Palo Alto
Utilities Engineering
250 Hamilton Avenue
Palo Alto, CA 94301
Attn: Robert Diamond
[email protected]
In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following:
Palo Alto City Attorney’s Office
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, California 94303
All Claims shall be sent by registered mail or certified mail with return receipt requested.
All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at:
To Contractor:
GSW Construction, Inc.
101 The Embarcadero, Suite 123
San Francisco, CA 94105
Attn: Gary Silveria
[email protected]
13.3 Change of Address.
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In advance of any change of address, Contractor shall notify City of the change of address in writing. Each party may, by written notice only, add, delete or replace any individuals to whom and addresses to which notice shall be provided.
SECTION 14 DEFAULT.
14.1 Notice of Default.
In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract, with a copy to Contractor’s performance bond surety.
14.2 Opportunity to Cure Default.
Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) Days (or such shorter time as City may reasonably require) after receipt of written notice.
However, if the breach cannot be reasonably cured within such time, Contractor will commence to cure the breach within two (2) Days (or such shorter time as City may reasonably require) and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in n o event be later than ten (10) Days after receipt of such written notice.
SECTION 15 CITY'S RIGHTS AND REMEDIES.
15.1 Remedies Upon Default.
If Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 14, then City may pursue any remedies available under law or equity, including, without limitation, the following:
15.1.1 Delete Certain Services . City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto.
15.1.2 Perform and Withhold . City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been adequately performed by Contractor and withhold the cost thereof to City from future payments to Con tractor, reserving to itself all rights to Losses related thereto.
15.1.3 Suspend the Construction Contract . City may, without terminating the Construction Contract and reserving to itself all righ ts to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work.
15.1.4 Terminate the Construction Contract for Default . City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 14. City’s election to terminate the Construction Contract for default shall be communicated by giving C ontractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract. Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein.
15.1.5 Invoke the Performance Bond. City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond.
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15.1.6 Additional Provisions . All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity. Designation in the Contract Documents of certain breaches as material shall not waive the City’s authority to designate other breaches as material nor limit City’s right to terminate the Construction Contract, or prevent the City from terminating the Agreement for breaches that are not material. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all liqui dated damages and Losses suffered by City.
15.2 Delays by Sureties.
Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond, within seven (7) calendar days from the date of the notice of termination, Contractor’s surety shall be deemed to have waived its right to complete the Work under the Contract, and City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and its surety shall be jointly and severally liable for any additional cost incurred by City to complete the Work following termination. In addition, City shall have the right to use any materials, supplies, and equipment belonging to Contractor and located at the Worksite for the purposes of completing the remaining Work.
15.3 Damages to City.
15.3.1 For Contractor's Default. City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents.
15.3.2 Compensation for Losses . In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to deduct the cost of such Losses from monies otherwise payable to Contractor. If the Losses incurred by City exceed the amount payable, Contractor shall be liable to City for the difference and shall promptly remit same to City.
15.4 Suspension by City
15.4.1 Suspension for Convenience . City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time. The order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with the order and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order. During the Suspension or extension of the Suspension, if any, City shall either cancel the Suspension Order or, by Change Order, delete the Work covered by the Suspension Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. A Suspension Order shall not be the exclusive method for City to stop the Work.
15.4.2 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct work in accordance with the Contract Documents, City may immediately order the Work, or any portion thereof, suspended until the cause for the suspension has been eliminated to City’s sati sfaction.
Contractor shall not be entitled to an increase in Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents. City’s right to suspend the Work shall not give rise to a duty to suspend the Work, and City’s failure to suspend the Work shall not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents.
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15.5 Termination Without Cause.
City may, at its sole discretion and without cause, terminate this Construction Contract in part or in whole upon written notice to Contractor. Upon receipt of such notice, Contractor shall, at City’s expense, comply with the notice and take all reasonable steps to minimize costs to close out and demobilize. The compensation allowed under this Paragraph 15.5 shall be the Contractor’s sole and exclusive compensation for such termination and Contractor waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind resulting from termination without cause.
Termination pursuant to this provision does not relieve Contractor or its sureties from any of their obligations for Losses arising from or related to the Work performed by Contractor.
15.5.1 Compensation. Following such termination and within forty -five (45) Days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 15.5.1, City shall pay the following to Contractor as Contractor’s sole compensation for performance of the Work:
.1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor.
.2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors:
(i) Demobilizing and
(ii) Administering the close -out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination.
.3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work.
.4 Profit Allowance. An allowance for profit calculated as four percent (4%) of the sum of the above items, provided Contractor can prove a likelihood that it would have made a profit if the Construction Contract had not been terminated.
15.5.2 Subcontractors. Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor against City under this Section.
15.6 Contractor’s Duties Upon Termination.
Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following:
(i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for mate rials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work that is not discontinued; (iii) Provide to City a description in writing, no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract;
(iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all
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subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and
(v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto.
Upon termination, whether for cause or for convenience, the provisions of the Contract Documents remain in effect as to any Claim, indemnity obligation, warranties, guarantees, submittals of as- built drawings, instructions, or manuals, or other such rights and obligations arising prior to the termination date.
SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES.
16.1 Contractor’s Remedies.
Contractor may terminate this Construction Contract only upon the occurrence of one of the following:
16.1.1 For Work Stoppage. The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable. This provision shall not apply to any work stoppage resulting from the City’s issuance of a suspension notice issued either for cause or for convenience.
16.1.2 For City's Non-Payment. If City does not pay Contractor undisputed sums within ninety (90) Days after receipt of notice from Contractor, Contractor may terminate the Construction Contract (30) days following a second notice to City of Contractor’s intention to terminate the Construction Contract.
16.2 Damages to Contractor.
In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph 15.5.1 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind.
SECTION 17 ACCOUNTING RECORDS.
17.1 Financial Management and City Access.
Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices. City and City's accountants during normal business hours, may inspect, audit and copy Contractor's records, books, estimates, take -offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, voucher s, memoranda and other data relating to this Project. Contractor shall retain these documents for a period of three (3) years after the later of (i) Final Payment or (ii) final resolution of all Contract Disputes and other disputes, or (iii) for such longer period as may be required by law.
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17.2 Compliance with City Requests.
Contractor's compliance with any request by City pursuant to this Section 17 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. City many enforce Contractor’s obligation to provide access to City of its business and other records referred to in Section 17.1 for inspection or copying by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony.
SECTION 18 INDEPENDENT PARTIES.
18.1 Status of parties.
Each party is acting in its independent capacity and not as agents, employees, partners, or joint venture rs of the other party. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth.
SECTION 19 NUISANCE.
19.1 Nuisance Prohibited.
Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection in the performance of services under this Construction Contract.
SECTION 20 PERMITS AND LICENSES.
Except as otherwise provided in the Special Provisions and Technical Specifications, the Contractor shall provide, procure and pay for all licenses, permits, and fees, required by the City or other government jurisdictions or agencies necessary to carry out and complete the Work. Payment of all costs and expenses for such licenses, permits, and fees shall be included in one or more Bid items. No other compensation shall be paid to the Contractor for these items or for delays caused by non-City inspectors or conditions set forth in the licenses or permits issued by other agencies.
SECTION 21 WAIVER.
A waiver by either party of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
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SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS.
22.1 Governing Law and Venue.
This Construction Contract shall be construed in accordance with and governed by the laws of the State of California, without regard to conflict of law provisions, and venue shall be in a court of competent jurisdiction in the County of Santa Clara, California and no other place.
22.2 Compliance with Laws.
Contractor shall comply with all applicable federal and California laws and city laws, including, without limitation, ordinances and resolutions, in the performance of work under this Construction Contract.
22.2.1 Palo Alto Minimum Wage Ordinance. Contractor shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to th e State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, Contractor shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, Contractor shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060.
SECTION 23 COMPLETE AGREEMENT.
23.1 Integration.
This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This Agre ement may be amended only by a written instrument, which is signed by the parties.
SECTION 24 SURVIVAL OF CONTRACT.
24.1 Survival of Provisions.
The provisions of the Construction Contract which by their nature survive termination or expiration of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force a nd effect after Final Completion or any termination or expiration of the Construction Contract.
SECTION 25 PREVAILING WAGES.
This Project is not subject to prevailing wages and related requirements. Contractor is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the Contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or
(3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).
Or
This Project is subject to prevailing wages and related requirements as a “public works” under California Labor Code Sections 1720 et seq. and related regulations. Contractor is required to pay general prevailing wages as defined in California Labor Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et
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seq., as amended from time to time. Pursuant to Labor Code Section 1773, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the State of California Department of Industrial Relations (“DIR”). Copies of these rates may be obtain ed at the City’s Purchasing Department office. The general prevailing wage rates are also available at the DIR, Division of Labor Statistics and Research, website (see e.g. http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time to time. Contractor shall post a copy of the general prevailing wage rates at all Project job sites and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code (Labor Code Section 1720 et seq.), including, but not limited to, Sections 1720, 1725.5, 1771, 1771.1, 1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable implementing regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.), as amended from time to time.
SECTION 26 NON-APPROPRIATION.
26.1 Appropriations.
This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code.
This Agreement will terminate without any penalty (a) at the end of any fiscal yea r in the event that the City does not appropriate funds for the following fiscal year for this event, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Construction Contract are no longer available.
This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 27 AUTHORITY.
27.1 Representation of Parties.
The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
SECTION 28 COUNTERPARTS
28.1 Multiple Counterparts.
This Agreement may be signed in multiple counterparts, which, when executed by all the parties, shall together constitute a single binding agreement.
SECTION 29 SEVERABILITY.
29.1 Severability.
In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.
SECTION 30 STATUTORY AND REGULATORY REFERENCES.
30.1 Amendments to Laws.
With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that the Contract was awarded by City, as may be amended from time to time, unless otherwise required by law.
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SECTION 31 WORKERS’ COMPENSATION CERTIFICATION.
31.1 Workers Compensation.
Contractor shall secure the payment of workers’ compensation to its employees as provided in Labor Code Sections 1860 and 3700.
Pursuant to Labor Code Section 1861, by signing this Contract, Contractor thereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
SECTION 32 DIR REGISTRATION AND OTHER REQUIREMENTS.
32.1 General Notice to Contractor.
City requires Contractor and its Subcontractors to comply with all applicable requirements of the California Labor Code including but not limited to Labor Code Sections 1720 through 1861, and all applicable related regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. Additional information regarding public works and prevailing wage requirements is available on the DIR website (see e.g. http://www.dir.ca.gov
) as amended from time to time.
32.2 Labor Code section 1771.1(a)
City provides notice to Contractor of the requirements of California Labor Code section 1771.1(a), which reads:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contactor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”
32.3 DIR Registration Required.
City will not accept a bid proposal from or enter into this Construction Contract with Contractor without proof that Contractor and its Subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions.
32.4 Posting of Job Site Notices; Compliance Monitoring.
City gives notice to Contractor and its Subcontractors that Contractor is required to post all job site notices prescribed by law or regulation and Contractor is subject to compliance monitoring and enforcement by DIR.
32.5 Payroll Records.
Contractor shall furnish certified payroll records directly to the Labor Commissioner (DIR) in accordance with Subchapter 3, Title 8 of the California Code of Regulations Section 16461 (8 CCR Section 16461).
City requires Contractor and its Subcontractors to comply with the requirements of Labor Code section 1776, including but not limited to:
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(i) Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, Contractor and its Subcontractors, in connection with the Project.
(ii) The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of Contractor and its Subcontractors, respectively.
(iii) At the request of City, acting by its Project M anager, Contractor and its S ubcontractors shall make the certified payroll records available for inspection or furnished upon request to the City’s P roject Manager within ten (10) days of receipt of City’s request.
City requests Contractor and its S ubcontractors to submit the certified payroll records to the City’s Project Manager at the end of each week during the Project.
(iv) If the certified payroll records are not provided as required within the 10-day period, then Contractor and its Subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and City shall withhold the sum total of penalties from the progress payment(s) then due and payable to Contractor. This provision supplements the provisions of Section 15 hereof.
(v) Inform the City’s Project Manager of the location of Contractor’s and its S ubcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the City’s Project Manager within five (5) business days of any change of location of those payroll records.
32.6 Employment of Apprentices.
Contractor shall comply with the statutory requirements regarding employment of apprentices including without limitation Labor Code Section 1777.5. The statutory provisions will be enforced for penalties for failure to pay prevailing wages and for failure to comply with wage and hour laws.
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IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
____________________________
City Attorney or designee
APPROVED:
____________________________
Utilities Director
GSW CONSTRUCTION, INC.
Officer 1
By:___________________________
Name:________________________
Title:__________________________
Officer 2
By:___________________________
Name:________________________
Title:__________________________
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CITY OF PALO ALTO
GENERAL CONDITIONS
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GENERAL CONDITIONS
TABLE OF CONTENTS
ARTICLE 1 – PRELIMINARY PROVISIONS 26
1.1 DEFINITIONS .................................................................................................................................... 26
1.2 OWNERSHIP AND USE OF DOCUMENTS .......................................................................................... 32
1.3 INTERPRETATION OF CONTRACT DOCUMENTS ............................................................................... 32 ARTICLE 2 – CITY’S RIGHTS AND OBLIGATIONS 34
2.1 INFORMATION AND SERVICES PROVIDED BY CITY .......................................................................... 34
2.2 ACCESS TO PROJECT SITE ................................................................................................................. 34
2.3 CITY'S RIGHT TO STOP THE WORK ................................................................................................... 34
2.4 CITY’S RIGHT TO CARRY OUT THE WORK ......................................................................................... 35
2.5 ACCESS TO MUNICIPAL SERVICE CENTER ........................................................................................ 35
2.6 EMERGENCY TERMINATION OF CONTRACT .................................................................................... 35 ARTICLE 3 – CONTRACTOR’S RIGHTS AND OBLIGATIONS 35
3.1 REVIEW OF THE SITE, CONTRACT DOCUMENTS AND FIELD CONDITIONS ...................................... 35
3.2 SUPERVISION AND CONSTRUCTION PROCEDURES ......................................................................... 37
3.3 RESPONSIBILITY FOR THE WORK ..................................................................................................... 37
3.4 LABOR, WORKMANSHIP, MATERIALS AND MANUFACTURED ITEMS ............................................. 38
3.5 CONTRACTOR'S WARRANTY ............................................................................................................ 38
3.6 CONSTRUCTION METHODS AND PROCEDURES............................................................................... 38
3.7 TAXES .......................................................................................................................................... …..39
3.8 LEGAL REQUIREMENTS .................................................................................................................... 39
3.9 PROJECT STAFF ................................................................................................................................ 39
3.10 SCHEDULES REQUIRED OF CONTRACTOR ........................................................................................ 39
3.11 D OCUMENTS AND SAMPLES AT PROJECT SITE ................................................................................ 41
3.12 SUBMITTALS ..................................................................................................................................... 42
3.13 TRADE NAMES, SUBSTITUTIONS ...................................................................................................... 44
3.14 DAILY REPORTS BY CONTRACTOR .................................................................................................... 44
3.15 CUTTING AND PATCHING ................................................................................................................ 45
3.16 ACCESS TO THE WORK ..................................................................................................................... 45
3.17 ROYALTIES AND PATENTS ................................................................................................................ 45
3.18 PERMITS AND LICENSES ................................................................................................................... 45
3.19 DIFFERING SITE CONDITIONS ........................................................................................................... 46
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3.20 INSPECTIONS .................................................................................................................................... 46
3.21 STOP NOTICES .................................................................................................................................. 47
3.22 PARKING ........................................................................................................................................... 47
3.23 USE OF THE PROJECT SITE AND CLEAN UP ...................................................................................... 47
3.24 ENVIRONMENTAL CONTROLS .......................................................................................................... 48
3.25 TEMPORARY WATER, LIGHT AND POWER ....................................................................................... 55
3.26 CITY TRUCK ROUTE ORDINANCE ...................................................................................................... 55
3.27 UNFAIR BUSINESS PRACTICE CLAIMS .............................................................................................. 55
3.28 EXISTING UTILITIES ........................................................................................................................... 55 ARTICLE 4 – ADMINISTRATION OF THE CONTRACT………………………………………………………………………………………………56
4.1 CONTRACT ADMINISTRATION BY CITY, DESIGN CONSULTANT AND CONSTRUCTION MANAGER …………………………………………………........................................................56
4.2 CLAIMS………………………………………………………………………………………………………………………………………... 57
4.3 RESOLUTION OF CONTRACT DISPUTES………………………………………………………………………………………….61 ARTICLE 5 – SUBCONTRACTORS…………………………………………………………………………………………………………………………...64
5.1 CONTRACTOR'S AWARD OF SUBCONTRACTS .................................................................................. .64
5.2 SUBCONTRACTOR RELATIONS ........................................................................................................... 64
5.3 CONTINGENT ASSIGNMENT OF SUBCONTRACTS .............................................................................. 66
5.4 CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY………………………………………………………………..66 ARTICLE 6 – CONSTRUCTION BY CITY OR BY SEPARATE CONTRACTORS……………………………………………………………...66
6.1 CITY'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS………………..66
6.2 MUTUAL RESPONSIBILITY .................................................................................................................. 67
6.3 CITY’S RIGHT TO CLEAN UP ................................................................................................................ 67 ARTICLE 7 – CHANGES………………………………………………………………………………………………………………………………………….67
7.1 CHANGES ........................................................................................................................................... 67
7.2 CHANGE ORDER REQUESTS AND CHANGE ORDERS .......................................................................... 69
7.3 FIELD ORDERS .................................................................................................................................... 73
7.4 DISPUTES REGARDING CHANGES .................................................................................................... 74 ARTICLE 8 – CONTRACT TIME ……………………………………………………………………………………………………………………………74
8.1 COMMENCEMENT OF THE WORK ................................................................................................... 74
8.2 PROGRESS AND COMPLETION ......................................................................................................... 74
8.3 CONSTRUCTION HOURS ................................................................................................................... 75
8.4 HOLIDAYS ......................................................................................................................................... 75
8.5 DELAY ............................................................................................................................................... 76
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ARTICLE 9 – PAYMENTS AND COMPLETION……………………………………………………………………………………………………..78
9.1 SCHEDULE OF VALUES ..................................................................................................................... 78
9.2 PROGRESS PAYMENT ....................................................................................................................... 78
9.3 APPLICATION FOR PAYMENT ........................................................................................................... 79
9.4 CERTIFICATE FOR PAYMENT ............................................................................................................ 80
9.5 DEPOSIT OF SECURITIES IN LIEU OF RETENTION & DEPOSIT OF RETENTION INTO ESCROW .......... 81
9.6 BENEFICIAL OCCUPANCY ................................................................................................................. 82
9.7 SUBSTANTIAL COMPLETION ............................................................................................................ 83
9.8 FINAL COMPLETION AND FINAL RETENTION ................................................................................... 83 ARTICLE 10 – PROTECTION OF PERSONS AND PROPERTY………………………………………………………………………………85
10.1 SAFETY PRECAUTIONS AND PROGRAMS ......................................................................................... 85
10.2 SAFETY OF PERSONS AND PROPERTY .............................................................................................. 85
10.3 EMERGENCIES .................................................................................................................................. 87
10.4 TRENCH SAFETY ............................................................................................................................... 87 ARTICLE 11 – INSURANCE AND BONDS ……………………………………………………………………………………………………………87
11.1 CONTRACTOR'S INSURANCE ............................................................................................................ 87
11.2 BOND REQUIREMENTS .................................................................................................................... 89 ARTICLE 12 – DEFECTIVE WORK…………………………………………………………………………………………………………………………90
12.1 UNCOVERING OF WORK .................................................................................................................. 90
12.2 CORRECTION OF DEFECTIVE WORK AND GUARANTEE TO REPAIR PERIOD .................................... 90
12.3 ACCEPTANCE OF DEFECTIVE WORK ................................................................................................ 92 ARTICLE 13 – STATUTORY REQUIREMENT……………………………………………………………………………………………………………92
13.1 ST ATE LABOR LAW ........................................................................................................................... 92
13.2 WORKDAY ........................................................................................................................................ 93 ARTICLE 14 – JOB SITE NOTICES AND COMPLIANCE MONITORING ……………………………………………………………………93
14.1 LAB OR PROVISIONS ......................................................................................................................... 93
ATTACHMENTS:
A: FIELD ORDER
B: CHANGE ORDER REQUEST
C: CONTRACT CHANGE ORDER
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ARTICLE 1 – PRELIMINARY PROVISIONS
1.1 DEFINITIONS
Terms appearing in the Contract Documents with initial capitalization shall have the meanings set forth below:
1.1.1 ACCEPTANCE: The point after Final Completion when Contractor has fully performed all of the requirements of the Contract Documents and the Work is accepted by City in writing.
1.1.2 ADDENDA, ADDENDUM: Written or graphic information (including, without limitation, Drawings or Special Provisions and Technical Specifications) prepared and issued by City Engineer prior to the deadline for submission of Bids, which modify or interpret the Contract Documents by additions, deletions, clarifications or corrections
1.1.3 ALLOWABLE COSTS: Actual and direct costs for performing Extra Work, including labor, materials, supplies, and equipment, as further specified herein, in Article 7 – Changes.
1.1.4 ALLOWANCE: An amount included in the Bid for Work that may or may not be included in the Project, or for portions of Work where the amount or scope of the Work cannot be ascertained at the time of Bid submissions.
1.1.4 ALTERNATE(S): Those portions of the Bid setting forth the price(s) f or optional or alternative items of Work not covered by the Base Bid.
1.1.5 APPLICABLE CODE REQUIREMENTS: All applicable federal, state and municipal laws, statutes, building codes, ordinances and regulations of governmental authorities having jurisdiction over the Project, Work, Site, Contractor or City.
1.1.6 APPLICATION FOR PAYMENT: An itemized application for payment prepared and submitted by Contractor for review and approval by City, which is prepared, submitted and accompanied by supporting documentation in accordance with the requirements of the Contract Documents.
1.1.7 APPROVE, APPROVED or APPROVAL: Whether capitalized or not capitalized, shall mean, unless otherwise stated, either an express approval contained in a written statement signed by the approving authorized individual or deemed approved in accordance with the terms, conditions and procedures set forth in the Contract Documents. All such approvals by or on behalf of City (including, without limitation, approvals by Construction Manager) may be granted or withheld in the sole discretion of City.
1.1.8 AS-BUILT DOCUMENTS: The Contract Documents showing the condition of the Work as actually built, including, without limitation, the locations of mechanical, electrical, plumbing, HVAC or similar portions of the Work that are shown diagrammatically in the Contract Documents approved by City.
These documents are maintained by Contractor on the Site and delivered, along with an electronic version of the set, to City upon Final Completion.
1.1.9 BASE BID: The sum stated in the Bid to perform the Work, exclusive of any Alternate(s).
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1.1.10 BENEFICIAL OCCUPANCY: City's right, at its option and convenience, to occupy or otherwise make use of all or any part of the Work prior to either Substantial Completion, Final Completion, or Acceptance.
1.1.11 BID: A written bid proposal submitted to City for the Project in response to City’s Invitation for Bids.
1.1.12 BIDDER: An individual or entity that submits a Bid.
1.1.13 CERTIFICATE FOR PAYMENT: The form for approval by the Construction Manager of Contractor's Application for Payment.
1.1.14 CHANGE: Additions, deletions, or other modifications to the Work, which may or may not involve Extra Work and which may or may not involve an adjustment (increase or decrease) to the Contract Sum or the Contract Time under the terms of the Contract Documents.
1.1.15 CHANGE ORDER: A duly authorized written instrument signed by City, or by City and Contractor, which operates to amend the scope of Work, and which may also amend the Contract Sum or the Contract Time.
1.1.16 CHANGE ORDER REQUEST: Contractor's written request for a Change Order.
1.1.17 CITY: City of Palo Alto, a California chartered Municipal Corporation.
1.1.18 CITY ENGINEER: City Engineer of City of Palo Alto or its designee.
1.1.19 CLAIM: A separate demand by Contractor, submitted in writing by registered or certified mail with return receipt requested, for change in the Contract Time, including a time extension or relief from liquidated damages, or a change in the Contract Price, which has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected or disputed by City, in whole or in part.
1.1.20 CLIENT DEPARTMENT: Department or Division of City of Palo Alto identified as the end user of the facilities.
1.1.21 CONSTRUCTION CONTRACT or CONTRACT: The written contract executed between City and Contractor for construction of the Project.
1.1.22 COMPENSABLE DELAY: A Delay for which Contractor may be entitled under the Contract Documents to both an extension of the Contract Time and an adjustment of the Contract Sum for additional compensation.
1.1.23 CONSTRUCTION MANAGER: The City designated employee, project manager or an individual, partnership, corporation, joint venture or other legal entity under contract with City to perform construction management services for the Project. The term "Construction Manager" means Construction Manager or Construction Manager's authorized representative.
1.1.24 CONSTRUCTION SCHEDULE: The Approved graphical representation of Contractor’s as - planned schedule for performance of the Work, and all Approved updates thereto, prepared in accordance with the requirements of the Contract Documents and that provides for Substantial Completion of the Work within the Contract Time.
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1.1.25 CONTRACT DISPUTE: A dispute arising out of or related to the Construction Contract or the interpretation, enforcement or breach thereof, except as specified in Article 4 herein.
1.1.26 CONTRACT DISPUTE RESOLUTION PROCESS: The process of resolution of Contract Disputes, and, upon election of City, disputes as set forth in Article 4 of these General Conditions.
1.1.27 CONTRACT DOCUMENTS: This term shall be as defined in Section 3 of the Construction Contract.
1.1.28 CONTRACT SUM: The total amount of compensation stated in the Construction Contract that is payable to Contractor for the performance of the Work in accordance with the Contract Documents, including adjustments made by Change Order.
1.1.29 CONTRACT TIME: The total number of days set forth in the Construction Contract within which Substantial Completion of the Work must be achieved by Contractor, including any adjustments of time (increases or decreases) made by Change Order.
1.1.30 CONTRACTOR: The individual or firm under contract with City to serve as the General Contractor for construction of the Project, including Contractor's authorized representative.
1.1.31 CONTRACTOR MARKUP: The markup that the Contractor or Subcontractor may make on Extra Work that it performs with its own forces. A fixed sum calculated as ten percent (10%) of applicable Allowable Costs incurred by Co ntractor or Subcontractor for performing Extra Work with its own forces, which is deemed to be full compensation for Contractor’s or Subcontractor’s indirect costs associated with Extra Work, including, overhead, profit, and other indirect costs not included in the Allowable Costs.
Contractor Markup is separate from and does not include Subcontractor Markup as defined herein.
1.1.32 DAY: Whether capitalized or not, unless otherwise specifically provided, means calendar day, including weekends and legal holidays.
1.1.33 DEFECTIVE WORK: Work by Contractor that is unsatisfactory, faulty, omitted, incomplete, deficient or does not conform to the Applicable Code Requirements, the Contract Documents, the directives of City or the requirements of any inspection, reference standard, test, code or approval specified in the Contract Documents.
1.1.34 DELAY: Whether capitalized or not, includes any circumstances involving disruption, hindrance, or interference in the performance of the Work within the Contract Time.
1.1.35 DELETED WORK: Work that is eliminated due to a Change in the Work requested by City or Contractor for which City is entitled to a deductive adjustment in the Contract Sum.
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1.1.36 DESIGN CONSULTANT: The individual(s) or firm(s) under contract with City to provide design or engineering services for the Project and responsible for preparing the Contract Documents for the Project. The term "Design Consultant" means Design Consultant or Design Consultant's authorized representative.
1.1.37 DRAWINGS: The graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, generally including plans, elevations, subparagraphs, details, schedules and diagrams. The Drawings are outlined in the Drawing Index. The term “Drawings” may be used interchangeably with "Plans."
1.1.38 ESCROW AGENT: A state or federally chartered bank in the State of California which holds securities pursuant to an escrow agreement as set forth in Section 9.5 of these General Conditions.
1.1.39 EXCUSABLE DELAY: A Delay for which Contractor may be entitled under the Contract Documents to an extension of time, but not compensation.
1.1.40 EXISTING IMPROVEMENTS: All improvements located on the Site as of the date of execution of the Construction Contract, whether above or below the surface of the ground, including but not limited to existing buildings, utilities, infrastructure improvements and other facilities.
1.1.41 EXTRA WORK: Additional Work or costs due to a Change in the Work that is not described in or reasonably inferable from the Contract Documents which may be the basis for an adjustment of the Contract Sum and/or the Contract Price under the terms of the Contract Documents. Extra Work shall not include additional Work or costs arising from Contractor’s failure to perform any of its duties or obligations under the Contract Documents.
1.1.42 FIELD ORDER: A written instrument signed by the City or its Construction Manager that authorizes and dir ects performance of the Work described therein, and which may or may not include adjustments (increase or decrease) to the Contract Sum and/or Contract Time.
1.1.43 FINAL COMPLETION: Full completion of all Work required by the Contract Documents, including all punch list items, and submission of Record Documents, all to City’s satisfaction.
1.1.44 FINAL PAYMENT: Final payment of the Contract Sum following Final Completion, including release of undisputed retention, less any amounts withheld or offset pursuant to the Contract Documents, including, but not limited to, liquidated damages, unreleased stop notices, amounts subject to setoff, and up to 150% of unresolved third-party claims for which Contractor is required to indemnify City, and up to 150% of any amounts in dispute as authorized by Public Contract Code Section 7107.
1.1.45 FRAGNET: A “Fragnet”, sometimes referred to as “time impact analysis,” is a contemporaneous, fragmentary scheduling network, which graphically identifies the sequencing of all critical and non-critical new activities and/or activity revisions affected by a Change Order or Delay, with logic ties to all affected existing activities noted on the Construction Schedule. Its objective is to isolate and quantify any time impact of a specific issue, determine and demonstrate any such specific Delay in relation to past and/or other current Delays and to provide a method for incorporating adjustments to the Contract Time into the Construction Schedule.
1.1.46 GENERAL CONDITIONS: That portion of the Contract Documents relating to the administrative procedures to be followed by Contractor in carrying out the Work.
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1.1.47 HAZARDOUS SUBSTANCES: Refers to, without limitation, the following: any chemical, material or other substance defined as or included within the definition of hazardous substances, hazardous materials, hazardous wastes, extremely hazardous substances, toxic substances, toxic material, restricted hazardous waste, special waste, universal wastes or words of similar import under any Environmental Law.
1.1.48 LOSSES: Any and all losses, costs, liabilities, Claims, damages, liquidated damages, actions, judgments, settlements, expenses, fines and penalties. "Losses" do not include attorneys' fees.
1.1.49 NOTICE OF AWARD: Written notice issued by City notifying Contractor of issuance of the Construction Contract.
1.1.50 NOTICE TO PROCEED: Written notice issued by City to Contractor to begin the Work.
1.1.51 PERFORMANCE BOND, PAYMENT BOND: The pe rformance and payment bonds to be provided by Contractor for the Project.
1.1.52 PLANS: The graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, subparagraphs, details, schedules and diagrams. The term “Plans” may be used interchangeably with "Drawings."
1.1.53 PRE-CONSTRUCTION MEETING: A meeting held with the Project Team prior to beginning construction in order to review Contract Documents and clarify roles, responsibilities and authority of the Project Team.
1.1.54 PROJECT: The total construction, of which the Work performed by Contractor under the Contract Documents may be the whole or part and which may include Work performed by City’s own forces or by Separate Contractors.
1.1.55 PROJECT TEAM: Collectively, the Contractor, City, Design Consultant, Separate Contractors, Construction Manager and other consultants and contractors providing professional and technical consultation for the design and construction of the Project.
1.1.56 RECORD DOCUMENTS: The term “Record Documents” refers to the As-Built Documents, warranties, guarantees and other documents required to be submitted by Contractor as a condition of Final Completion.
1.1.57 REQUEST F OR INFORMATION: A written instrument, prepared by Contractor, which requests an interpretation or clarification in the Work or a response to a question concerning the Work. A Request for Information does not entitle Contractor to an adjustment in the Contract Sum unless it requires Extra Work and Contractor requests and is entitled to such an adjustment in accordance with the provisions of the Contract Documents.
1.1.58 REQUEST FOR INFORMATION RESPONSE: A written instrument, usually prepared by the Design Consultant, provided in response to a Request for Information, setting forth an interpretation or clarification in the Work or a response to a Contractor question concerning the Work.
1.1.59 SCHEDULE OF VALUES: A detailed, itemized breakdown of the Contract Sum, which provides for a fair and reasonable allocation of the dollar values to each of the various parts of the Work.
1.1.60 SEPARATE CONTRACTOR: A person or firm under separate contract with City or other entity performing other Work at the Site.
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1.1.61 SITE: The physical site located within City where the Project is to be constructed, including all adjacent areas for staging, storage, parking and temporary offices.
1.1.62 SPECIAL PROVISIONS AND TECHNICAL SPECIFICATIONS: The portions of t he Contract Documents consisting of the written requirements for materials, equipment, standards, skill, quality for the Work and performance of related services. These provisions may also contain amendments, deletions or additions to the General Conditions.
1.1.63 STATEMENT OF CONTRACT DISPUTE: The Contractor’s written statement prepared in accordance with Article 4 of these General Conditions required as a condition of its initiating the Contract Dispute Resolution Process set forth in the Construction Contract.
1.1.64 SUBCONTRACTOR: A person or firm that has a contract with a Contractor to perform a portion of the Work. The term "Subcontractor" includes suppliers and vendors and is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. “Subcontractor” includes Subcontractors of any tier.
1.1.65 SUBCONTRACTOR MARKUP: The markup the Contractor may make on Extra Work performed by a Subcontractor. A fixed sum calculated as fifteen percent (15%) of the Subcontractor’s Allowable Costs incurred by Subcontractor for performing Extra Work, which is deemed to be full compensation for Contractor’s indirect costs for having the Extra Work performed by the Subcontra ctor, including, overhead, profit, and other indirect costs not included in Allowable Costs. Subcontractor Markup is made on the Subcontractor’s incurred Allowable Costs only, which is separate from and does not include Contractor Markup, as defined herein, made by the Subcontractor.
1.1.66 SUBMITTALS: All shop drawings, samples, exemplars, product data and other submittals required to be submitted by Contractor under the Contract Documents.
1.1.67 SUBSTANTIAL COMPLETION, SUBSTANTIALLY COMPLETE: As determined by City, the point at which the Work is sufficiently complete to be occupied and utilized by City for its intended purpose, and Contractor has fulfilled its obligations under the Contract Documents, except for minor punchlist items which do not impair City's ability to so occupy and utilize the Project.
1.1.68 SUPERINTENDENT: The person appointed by Contractor, subject to approval by City, to supervise and coordinate Contractor's own forces and Subcontractors in all aspects of the Work.
1.1.69 UNEXCUSED DELAY: Any Delay in the path of activities that is critical to Substantial Completion of the Work within the Contract Time and which Delay is not attributable to the City. An Unexcused Delay shall not entitle Contractor to either an extension of the Contract Time or an adjustment of the Contract Sum. To the extent an Unexcused Delay is concurrent with an Excused Delay, the Excusable Delay shall be conclusively deemed an Unexcused Delay.
1.1.70 WORK: All labor, materials, equipment, services, permits, fees, licenses and taxes, and all other things necessary for Contractor to perform its obligations and complete the Project, including, without limitation, any changes or additions requested by City, in accordance with the Contract Documents and all Applicable Code Requirements.
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1.2 OWNERSHIP AND USE OF DOCUMENTS
1.2.1 All originals, copies and electronic forms of Plans and Drawings, Technical Specifications, (including, without limitation, the Contract Documents) shall not be used by Contractor, or any Subcontractor, for any purpose other than performance of the Work. Contractor and Subcontractors are granted a limited license, revocable at will by City, to use and reproduce applicable portions of the Contract Documents appropriate to and for performing the Work under the Contract Documents; provided however, that such use shall not reduce Owner’s rights to use and ownership of the documents.
1.2.2 Contractor shall keep on the Site of the Project, at all times, a complete set of City approved, permitted Contract Documents for use by City.
1.2.3 Proposed Changes or refinements and clarifications will be provided to Contractor in the form of reproducible prints. Contractor shall, at its own expense and without adjustment to the Contract Sum, reproduce and distribute such prints as are necessary for the complete pricing of the Change and for performance of the Work.
1.2.4 Contractor shall include a provision in all contracts wi th Subcontractors who perform Work on the Project, protecting and preserving City’s rights to ownership and use of documents as set forth in this Section 1.2.
1.3 INTERPRETATION OF CONTRACT DOCUMENTS
1.3.1 The Contract Documents are complementary and what is required by one shall be as binding as if required by all.
1.3.2 In general, the Drawings will show dimensions, positions, and type of construction to be completed; and the Special Provisions and Technical Specifications will define materials, quality and standards. Any Work called for on the Drawings and not mentioned in the Special Provisions and Technical Specifications, or vice versa, shall be performed as though fully set forth in both. Work not particularly detailed, marked or specified, shall be the same as similar parts that are detailed, marked or specified.
1.3.3 Unless otherwise stated in the Contract Documents, technical words and abbreviations contained in the Contract Documents are used in accordance with commonly understood construction industry meanings and non-technical words and abbreviations are used in accordance with their commonly understood meanings.
1.3.4 The Contract Documents may omit modifying words such as "all" and "any," and articles such as "the" and "an." If a modifier or an article is not included in one statement and appears in another it is not intended to affect the interpretation of either statement. The use of the word "including," when following any general statement, shall not be construed to limit such statement to specific items or matters set forth immediately following such word or to similar items or matters whether or not non -limiting language (such as "without limitation," "but not limited to," or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement.
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1.3.5 Whenever the context so requires , the use of the singular number shall be deemed to include the plural and vice versa. Each gender shall be deemed to include the other gender, and each shall include corporation, partnership, trust, or other legal entity whenever the context so requires. The captions and headings of the various subdivisions of the Contract Documents are intended only as a matter of reference and convenience and in no way define, limit, or prescribe the scope or intent of the Contract Documents or any subdivision thereof.
1.3.6 Any cross -references indicated between various subparagraphs or Drawings and Documents are provided for the Contractor’s convenience and shall not be all-inclusive.
1.3.7 Unless specifically noted to the contrary, all Work, equipment, casework, mechanical, electrical and similar devices of whatever nature in the Contract Documents shall be completely installed, hooked-up, made operational and made functional for the purpose such are intended, and all costs therefore are included in the Contract Sum.
1.3.8 Figured dimensions on scale Drawings and on full size Drawings shall govern over scale Drawings without figured dimensions. The Drawings shall not be scaled to determine dimensions, and (except in the case of diagrammatic Drawings) shall be calculated from figures shown on the Drawings.
Obvious discrepancies between scale and figured dimensions, unless marked "not to scale," must be brought to the Construction Manager's attention before proceeding with the Work affected by the discrepancy.
1.3.9 If there is a conflict between any of the Contract Documents, Contractor shall immediately bring such conflict to the attention of City, whose decisions regarding such conflict shall be final and binding as to the requirements of the Contract Documents. In the event of any conflicts between or among the Applicable Code Requirements, the more stringent shall govern. In the event a conflict between any of the Contract Documents is not resolved by the order of precedence established in the Contract Documents, the highest standard of quality and skill, the most stringent requirements, and the most specific provision of the Contract Documents shall govern and shall be required in the performance of the Work.
1.3.10 The general character of the Work is shown in the Contract Documents, but Changes, modifications, clarifications and refinements may be made in details when needed to more fully explain the Work. Provided that they are a logical evolution of the Contract Documents that were bid by Contractor or were reasonably inferable as necessary to provide a completed and fully operational system, facility or structure, the same shall be considered part of the scope of the Work to be performed without adjustment in the Contract Sum or the Contract Time.
1.3.11 Where on any Drawing a portion of the Work is drawn out and the remainder is indicated in outline, the drawn-out parts shall apply also to all other like portions of the Work.
1.3.12 Contractor will provide all necessary labor, equipment, tran sportation and incidentals required to complete the Work, even if the Contract Documents do not describe the Work in complete detail.
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1.3.13 Drawings and diagrams for mechanical, plumbing and electrical Work shall be considered as diagrammatic only and s hall not to be used for any structural guidance or physical layout, unless specifically detailed or dimensioned, and Contractor shall be responsible to provide any and all numbers and lengths of mechanical, plumbing or electrical fittings, wire, conduit, connections, attachments or similar materials needed to complete the Work, at no adjustment to the Contract Sum or Contract Time, whether or not they exceed the numbers of such pieces or the lengths indicated by the Drawings.
1.3.14 City, in its sole discretion, will interpret the Contract Documents and make the determination of whether or not Contractor has fulfilled the requirements of the Contract Documents. Such interpretations and decisions of City shall be final and binding upon Contractor.
ARTICLE 2 –CITY’S RIGHTS AND OBLIGATIONS
2.1 INFORMATION AND SERVICES PROVIDED BY CITY
2.1.1 Except as otherwise provided in the Special Provisions and Technical Specifications, Contractor shall obtain and pay for any permits, easements and governmental approvals, including City building and related permits, for the use or occupancy of permanent structures required in connection with the Work.
2.1.2 If Contractor becomes aware of any ambiguity, uncertainty, conflict, inconsistency, discrepancy, omission, or error in or among the Contract Documents, Contractor must promptly submit a Request for Information (“RFI”) requesting clari fication, interpretation, or direction. A Contractor RFI will be considered excessive or unnecessary if City determines that the explanation or response to the RFI is clearly and unambiguously discernable from the Contract Documents. City’s costs to review and respond to excessive or unnecessary RFIs may be deducted from payments otherwise due to Contractor.
2.1.3 A Request for Information Response providing clarification, interpretation or direction will be final and binding on Contractor. If Contractor proceeds with the related Work before obtaining City’s Request for Information Response, Contractor will be responsible for any resulting costs, including the cost of correcting any incorrect or defective Work that results. Timely submission of a clear and complete RFI is essential to avoiding delay. Delay resulting from Contractor’s failure to submit a timely and complete RFI is not Excusable Delay. If Contractor believes that City’s response to an RFI justifies a change to the Contract Sum or Contract Time, Contractor must perform the Work as directed, but may submit a timely Change Order request in accordance with the Contract Documents.
2.2 ACCESS TO PROJECT SITE
City will make available, no later than the commencement date designated in the current construction Schedule accepted by City, the lands and facilities upon which the Work is to be performed, including such access and other lands and facilities designated in the Contract Documents, for use by Contractor.
2.3 CITY'S RIGHT TO STOP THE WORK
If Contractor fails to correct Defective Work as required by Section 12.2 of these General Conditions, fails to perform the Work in accordance with the Contract Documents, or violates any Applicable Code Requirement, City may, without terminating the Contract , direct Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated by Contractor. Contractor shall not be entitled to any adjustment of Contract Time or Contract Sum as a result of any such order. City shall have no duty or responsibility to Contractor or any other party to exercise the right to stop the Work.
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2.4 CITY’S RIGHT TO CARRY OUT THE WORK
If Contractor fails to carry out the Work in accordance with the Contract Documents, fails to provide sufficient labor, materials, equipment, tools and services to maintain the Construction Schedule, or otherwise fails to comply with any requirement of the Contract Documents, and fails within the time specified in the Contract Documents, after receipt of notice from City to promptly commence and thereafter diligently continue to completion the correction of such failure, City may, without prejudice to other remedies City may have and without terminating the Contract, correct such failure at Contractor's expense.
In such case, City shall be entitled to deduct from payments then or thereafter due Contractor the cost of correcting such failure, including compensation for the additional services and expenses of City and City's consultants made necessary thereby. If payments then or thereafter due Contractor are not sufficient to cover such amounts, Contractor shall pay the additional amount to City.
2.5 ACCESS TO MUNICIPAL SERVICE CENTER
For all Projects which require Contractor access to City’s Municipal Service Center (MSC), all Contractors shall provide and all Contractor’s personnel shall at all times display, in the form of badges, identification which shall include the Contractor’s name, the employee’s nam e, City’s Project Managers name and telephone number, and the name and number of the Project being performed. Badge identification information shall correspond with information contained in the bearer’s driver license or with other City approved identific ation. Any discrepancies, or failure of Contractor’s personnel to display proper identification, will in result their removal from the Project, or in refusal of access to the MSC.
2.6 EMERGENCY TERMINATION OF CONTRACT
The Construction Contract is subject to termination as provided by Section 4410 and Section 4411 of the Government Code of the State of California, being portions of the Emergency Termination of Public Contract Act of 1949. In the event that the Construction Contract is terminated pursuant to said section, compensation to the Contractor shall be determined on the basis of the reasonable value of the Work done, including preparatory work. As an exception of the foregoing, in the case of any fully completed separate item or portion of the work for which there is a separate unit or contract price, the unit or contract price shall control.
ARTICLE 3 – CONTRACTOR’S RIGHTS AND OBLIGATIONS
3.1 REVIEW OF THE SITE, CONTRACT DOCUMENTS AND FIELD CONDITIONS
3.1.1 Contractor warrants that it is satisfied as to character, quality, and quantities of surface and subsurface materials or obstacles to be encountered insofar as reasonably ascertainable from a careful inspection of the Site (including, without limitation, Existing Improvements on the Site) and from the geological investigation reports, data and similar information, if any, made available to Contractor by City.
Any failure by Contractor to take such information or conditions into consideration will not relieve Contractor from responsibility for estimating the difficulty and cost of su ccessfully completing the Work within the Contract Sum and Contract Time.
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3.1.2 Contractor warrants and represents that it has carefully reviewed the Bid and Contract Documents prior to submitting its Bid and executing the Contract. The Contractor shall not be entitled, and conclusively waives any right, to an adjustment in the Contract Sum or Contract Time for any additional or unforeseen costs or Delay in the performance of Work due to conditions in Contract Documents constituting errors, omissions, conflicts, ambiguities, lack of coordination or noncompliance with Applicable Code Requirements, if such conditions were either discovered by Contractor or could have been reasonably discovered by Contractor or its Subcontractors in the exercise of care and d iligence in the review of the Contract Documents, subject to the limitations of Public Contract Code Section 1104.
3.1.3 If Contractor discovers what it perceives to be errors, omissions, conflicts, ambiguities, lack of coordination or noncompliance with Applicable Code Requirements in the Contract Documents, then Contractor shall, within two (2) days of discovery, notify City or the Construction Manager in writing stating both of the following:
(i) A detailed description of the conditions discovered.
(ii) Contractor’s request for clarification, further details or correction of the Contract Documents.
Failure by Contractor to provide written notice within the period of time required shall result in Contractor waiving any right to adjustment in the Contract Sum or Contract Time on account thereof.
3.1.4 If Contractor believes it is entitled to an adjustment of the Contract Sum or Contract Time for Extra Work based upon additional written or verbal instructions, information, or direction from City, Design Consultant, or Construction Manager, it may submit a Change Order Request pursuant to Article 7 of the General Conditions within ten (10) days of receipt of such instructions, information, or direction.
3.1.5 The Contractor shall take field measure ments of the existing field conditions verified.
Contractor shall carefully compare the field conditions with the Contract Documents and other information known to Contractor before commencing the Work. Contractor shall promptly report in writing to the Construction Manager any errors, inconsistencies, or omissions the Contractor discovers.
3.1.6 If Contractor performs any portion of the Work which it knows, or in the exercise of care and diligence should have known, involves an error, omission, conflic t, ambiguity, lack of coordination or noncompliance with Applicable Code Requirements, without notifying and obtaining the written Approval of City or before obtaining a written clarification, interpretation, instruction or decision from Construction Manager, then any Work that is performed that is not in conformance with the clarifications, interpretation, instruction or decision of City, Design Consultant or Construction Manager shall be removed or replaced and Contractor shall be responsible for the res ultant Losses with no adjustment in the Contract Sum or Contract Time.
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3.1.7 Existing Improvements at the Site, for which no specific description is made on the Drawings, but which could be reasonably assumed to interfere with the satisfactory completion of the Work, shall be removed and disposed of by Contractor, but only upon the specific direction and control of City. Without limitation to the foregoing, and notwithstanding any information provided by City pertaining to groundwater elevations and/or ge ological and soils conditions encountered, it is understood that it is Contractor’s responsibility to determine and allow for the elevation of groundwater, and the geological and soils conditions at the date of performance of the Work.
3.2 SUPERVISION AND CONSTRUCTION PROCEDURES
3.2.1 Contractor shall supervise, coordinate and direct the Work using Contractor's best skill and attention and shall provide supervision sufficient to assure proper coordination and timely completion of the Work. Contractor shall be solely responsible for and have control over construction means, methods, techniques, safety, sequences, procedures and the coordination of all portions of the Work.
3.2.2 Contractor shall be responsible for the accurate layout of all portions of the Work and shall verify all dimensions on the Drawings and shall report to City any discrepancies before proceeding with related Work.
3.2.3 Contractor may be assigned working space adjacent to the Site, and all field offices, materials and equipment shall be kept within this area. Contractor shall be responsible for leaving the space in as good condition as Contractor found it, or restoring it to the condition it was in prior to Contractor commencing the Work.
3.2.4 Contractor shall be responsible to City for acts and omissions of Contractor's agents, employees, and of Contractor’s Subcontractors, and their respective agents and employees. Unless otherwise stated in or a contrary intention is reasonably inferable from the Contract Documents, references to Contractor, when used in reference to an obligation bearing upon performance of the Work, shall be deemed to include Contractor’s Subcontractors.
3.2.5 Contractor shall not be relieved of its obligation to perform the Work in accordance with the Contract Documents by the act(s) or omission(s) by City in the administration of the Contract, or by tests, inspections or Approvals required or performed by persons or firms other than Contractor.
3.3 RESPONSIBILITY FOR THE WORK
3.3.1 Contractor shall be in charge of and responsible for all portions of the Work of the Contract, and shall be responsible for conforming such portions to the requirements of the Contract Documents and readying such portions to receive subsequent Work.
3.3.2 Contractor shall at all times maintain good discipline and order among its employees and Subcontractors. Contractor shall provide competent, fully qualified personnel to perform the Work, and shall ensure that each Subcontractor and Sub -subcontractor engaged on the Site arranges the storage of materials and equipment and performance of its Work so as to interfere as little as possible with Separate Contractors or other persons engaged in work for City on the Site.
3.3.3 During the installation of Work, Contractor shall insure that existing facilities, fences, and other structures are all adequately protected. Upon Final Completion of all Work, all facilities that may have been damaged shall be restored to a condition acceptable to City.
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3.3.4 Contractor is responsible for the security of the Site and all Work provided under the terms of this Contract, as well as all Work provided by Separate Contractors that occurs on the Site at any time prior to Final Completion and Acceptance of the Work by City.
3.4 LABOR, WORKMANSHIP, MATERIALS AND MANUFACTURED ITEMS
Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents or otherwise Approved by the Construction Manager, all articles, equipment and materials incorporated in the Work shall be new, of good quality, undamaged and not defective.
3.5 CONTRACTOR'S WARRANTY
3.5.1 In addition to the guarantee to repair referenced in Article 12 and any specific warranty mentioned in the Project specifications, Contractor warrants to City that all materials and equipment used in or incorporated into the Work will be of good quality, new and free of liens, Claims and security interests of third parties; that all labor, installation, materials and equipment used or incorporated into the Work will be of good quality and free from defects; and that the Work will conform with the requirements of the Contract Documents and Applicable Code Requirements. If required by City, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Manufactured items installed in the Work and not specifically covered in the Contract Documents are to be installed in strict accordance with manufacturers' current printed instructions.
3.5.2 All materials to be incorporated in the Work shall be protected from damage during delivery, storage, and handling, and after installation until Acceptance of the Work, and Contractor shall, without charge to City, be responsible for all damage to the materi als or the Work due to Contractor's failure to provide such proper protection.
3.6 CONSTRUCTION METHODS AND PROCEDURES
3.6.1 The methods and procedures adopted by Contractor shall be such as to secure a quality of Work satisfactory to City and to enable completion of the Work in the time agreed upon. If at any time such methods and procedures appear inadequate, City may order Contractor to improve the character or increase efficiency, and Contracto r shall conform to such order; but the failure of City to order such improvement of methods or increase of efficiency will not relieve Contractor from its obligation to perform the Work in accordance with the Contract Documents or within the Contract Time.
3.6.2 If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, Contractor shall be fully and solely responsible for the Site safety for implementing such means, methods, techniques , sequences or procedures. If Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, Contractor shall give written notice to City and shall not proceed with that portion of the Work without further written instruction by City.
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3.7 TAXES
3.7.1 Contractor and Subcontractors are responsible for paying all sales, consumer, business license, use, income and payroll, and similar taxes for the Work or portions thereof provided by Contractor and Subcontractors.
3.7.2 All Contractors and Subcontractors for Construction Contracts equal to or greater than $5 million dollars shall be required to obtain a sub permit with the California Board of Equalization for a direct allocation of any and all applicable use tax to the City of Palo Alto, where the jobsite is located. Contractor and applicable Subcontractors shall apply for and comply with all of the conditions of the sub permit pursuant to Section 260.020 of the California State Board of Equalization, Chapter 2, “Compliance Policy and Procedures Manual: Registration, subchapter Contractors,” as may be amended from time to time.
3.8 LEGAL REQUIREMENTS
3.8.1 Contractor shall perform the Work in accordance with all Applicable Code Requirements, even though such requirements are not specifically referenced in the Contract Documents.
3.8.2 When the Work required by the Contract Documents is in conflict with any Applicable Code Requirement, Contractor shall notify Construction Manager and shall not proceed with the Work until Construction Manager provides direction to the Contractor.
3.9 PROJECT STAFF
3.9.1 Contractor shall employ a complete and competent project staff for the duration of the Work, which shall include separate individuals designated to act as Superintendent, project manager, project engineer(s) and administrative assistant(s), plus such other persons necessary to diligently prosecute the Work. Contractor shall not replace the designated Superintendent or project manager without a minimum seven (7) Day written notice. Any Project staff member and any replacement member shall be subject to the approval of City, which may be granted or withheld in its sole discretion. Upon notice from City requesting replacement of any Project staff member who is unsatisfactory to City, Contractor shall in a timely manner, but in no event longer than three (3) Days after notification, replace such member with a competent member satisfactory to City. Failure by Contractor to comply with the provisions of this Paragraph shall entitle City, at its option exercised in its sole discretion, to terminate the Contract or suspend the Work until Contractor complies with this Paragraph. All costs or damages associated with such termination or suspension shall be borne by Contractor, without adjustment in the Contract Sum or Contract Time.
3.9.2 The Superintendent shall be at the Site at all times during the performance of the Work.
The Superintendent shall represent Contractor and communications given to and acknowledged by the Superintendent shall be binding on Contractor. Further, communications issued by or received from the Superintendent shall be deemed as binding on Contractor. The Superintendent must be able to read, write and communicate fluently in English.
3.10 SCHEDULES REQUIRED OF CONTRACTOR
Contractor shall submit a preliminary Construction Schedule to City in a form approved by the Construction Manager at the Pre-Construction Meeting.
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3.10.2 Updated Construction Schedules shall be submitted in the form and frequency required by the Construction Manager.
3.10.3 The Construction Schedule and Construction Schedule updates shall meet the following requirements:
.1 Schedules must be suitable in format and clarity for monitoring progress of the Work and shall utilize the critical path method of scheduling.
.2 Schedules must provide necessary data about the timing for City's decisions and City- furnished items.
.3 Schedules must be in sufficient detail to demonstrate adequate planning and staffing for the Work.
.4 Schedules must represent a practical plan to complete the Work within the Contract Time. If at any time during the Work, any activity is not completed by its latest scheduled completion date, Contractor shall notify the Construction Manager within five(5) Days of Contractor's plans to reorganize the work force to return to the schedule and prevent Delays on any other activity.
.5 An updated Construction Schedule shall be submitted with each progress payment request, but no less frequently than monthly, and shall include all of the following:
(i) A written narrative report detailing the actual progress of the Work as of the date of submission;
(ii) The expected progress of the Work as of such date according to the approved Construc tion Schedule;
(iii) The reasons for any variance between the approved Construction Schedule and the updated Construction Schedule; and
(iv) If required, Contractor’s plan for placing the Work back on Schedule, at Contractor’s expense.
Failure to timely comply with the above requirements may be grounds for rejection of a request for extension of time.
3.10.4 Contractor shall plan, develop, supervise, control and coordinate the performance of the Work so the progress, sequence and timing of the Work conform to the current accepted Construction Schedule. Contractor shall continuously obtain from Subcontractors information and data about the planning for and progress of the Work, the ordering and fabrication of materials, required Submittals, and the delivery of equipment, shall coordinate and integrate such information and data in updated Construction Schedules and Record Documents, and shall monitor the progress of the Work and the delivery of equipment. Contractor shall act as the expediter of potential and actual delays, interruptions, hindrances or disruptions for its own forces and those forces of Subcontractors, regardless of tier. Contractor shall cooperate with City in the development of the Construction Schedule and updated Construction Schedules.
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3.10.5 City's review, comments, requests for revisions, or acceptance of any schedule or scheduling data shall not:
(i) Relieve Contractor from its sole responsibility for the feasibility of the schedule and to plan for, perform, and complete the Work within the Contract Time;
(ii) Transfer responsibility for any schedule from Contractor to City; nor
(iii) Imply City’s agreement with any assumption upon which such schedule is based or any matter underlying or contained in such schedule.
3.10.6 Failure of City to discover errors or omissions in Construction Schedules that it has reviewed or Approved, or to inform Contractor that Contractor, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Construction Schedule, shall not relieve Contractor from its sole responsibility to perform and complete the Work within the Contract Time and shall not be a cause for an adjustment of the Contract Time or the Contract Sum.
3.10.7 Contractor shall cooperate with and coordinate its Construction Schedule with work of City and City’s Separate Contractors.
3.11 DOCUMENTS AND SAMPLES AT PROJECT SITE
3.11.1 Contractor shall maintain one (1) set of As -Built Documents at the Site, which shall be kept up to date on a daily basis during the performance of the Work. All pe rformed changes, deletions or additions in the Work from that shown in the Contract Documents shall be recorded accurately and completely in the Record Documents. Upon Final Completion and as a condition to Final Payment, each sheet of the As -Built Docume nts and other Record Documents shall be signed and attested to by the Contractor’s Superintendent as being complete and accurate.
3.11.2 Contractor shall, at all times during performance of the Work, also maintain the following at the Site:
(i) The latest updated Construction Schedule approved by City;
(ii) Shop Drawings, product data, and samples; and
(iii) All other required Submittals.
At all times during the course of the Project, these documents shall be available to City, the Construction Manager and the Design Consultant to audit, excerpt, or copy as they see fit. Upon Final Completion or termination of the Construction Contract, these documents shall be delivered to City in the format requested by the City.
3.11.3 It shall be the responsibility of Contractor to maintain a current and complete record of all Changes performed during the progress of the Project construction. The record shall be in the form of a complete set of prints of the As- Built Documents on which daily recordings are made by Contractor, indicating in detail and dimension each variation from the original set of Contract Documents for all of the Work. At the completion of construction, Contractor shall, as a requirement of the Final Completion of the Work, certify that to the best of its knowledge, the As-Built Documents are true and accurate, and that the indications thereon represent all Changes performed during the construction of the Project. At Final Completion, the As-Built and other Record Documents shall become the property of City.
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3.11.4 Contractor, in concert with the Design Consultant and the Construction Manager, shall review Contractor's As- Built Documents for conformance with all current Changes prior to presenting its monthly Application For Payment. The monthly progress payment statement will not be accepted or processed by City unless the As-Built Documents are current and complete, and Approved by City.
3.11.5 At Final Completion, the Contractor shall provide the fully As-Built Documents to the City.
These As-Built Documents will become the permanent property of City at Final Completion. If the As-Built Documents are prepared on a computer, then the revised computer files shall also be provided to City in the file format specified by City.
3.12 SUBMITTALS
3.12.1 Submittals are not Contract Documents. Their purpose is to demonstrate, for those portions of the Work for which Submittals are required, how Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Prior to starting Work, Contractor shall provide to City an initial schedule for submission of the Submittals for which shop drawings are required by the Contract Documents. For each required shop drawing, Contractor shall provide to City the date for the drawing's intended Submittal to the Design Consultant for review. The date required for its return to avoid Delay in any activity beyond the scheduled start date shall also be given.
3.12.2 All shop drawings and other Submittals shall be provided at Contractor's expense, and at the time required by the Contract Documents or requested by the Construction Manager.
3.12.3 Contractor shall review, approve, and submit to the Construction Manager, all Submittals required by the Contract Documents to be submitted and reviewed by the Design Consultant. Submittals to the Construction Manager without evidence thereon of Contractor’s approval shall be returned, without review, for resubmission in accordance with these requirements. Submittals shall be provided within the time frame specified in the Special Provisions and Technical Specifications in accordance with the Construction Schedule, and in such sequence as to cause no Delay in the Work or in the activities of City or of Separate Contractors. Submittals made by Contractor which are not required by the Contract Documents, may be returned without action by the Construction Manager or Design Consultant. Submittal to the Construction Manag er and Design Consultant must include a statement, in writing, identifying any deviations from the Contract Documents required due to manufacturing or installation limitations contained in the Submittal.
3.12.4 All Submittals shall be submitted in two (2) sets, accompanied by letters of transmittal, and addressed to the Construction Manager for review. Unless otherwise specified in the Contract Documents, Submittals consisting of Drawings or Plans shall be in the form of six (6) copies. The Submittal must be prepared and submitted in accordance with all applicable provisions in the Contract Documents.
If the Submittal involves a request for substitution of materials, the request shall be clearly identified on the Submittal that it is a "Request for Substitution." Unless so clearly marked, Submittals shall not be considered as a request for substitution. The Construction Manager shall return to Contractor three (3) marked-up prints. Submittals shall include all relevant catalog sheets, material lists, man ufacturer’s brochures, technical bulletins, specifications, diagrams, or product samples, necessary to describe a system, product, or item. The letter of transmittal shall include a list of the accompanying documents and the numbers of the sheets submitte d. All sheets shall be marked with the name of the Project and the name of Contractor, shall be numbered consecutively, and shall be referenced to the sheets or paragraphs of the Contract Documents, referenced by sheet or subparagraph affected. Submittal s shall be combined for singular assemblies, items or materials.
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3.12.5 No Work requiring a Submittal shall be performed by Contractor until the Submittal has been reviewed and approved by City, Construction Manager or Design Consultant, as appropriate, and the Design Consultant has documented the exceptions noted on the Submittal. Contractor shall allow twenty (20) Days for review of timely and complete Submittals. Once the Submittal is returned to Contractor by the Construction Manager with a statement that it has been reviewed and no exceptions are taken or further action requested, such Work shall be performed in accordance with the Submittal and the Contract Documents.
3.12.6 Contractor's Submittals represent that Contractor has determined or ver ified materials and field measurements and conditions related thereto and that it has checked and coordinated the information contained within such Submittals with the requirements of the Contract Documents and Submittals for related Work.
3.12.7 If Contractor discovers any conflicts, omissions or errors in Submittals, Contractor shall notify the Construction Manager and receive instruction before proceeding with the affected Work.
3.12.8 Contractor shall remain solely responsible, notwithstanding C ity, Construction Manager or Design Consultant’s review or approval of Submittals, for deviations (including, without limitation, those arising from standard shop practice) from the Contract Documents, unless Contractor has specifically informed City, Construction Manager or Design Consultant in writing of such deviation at the time of transmitting the Submittal and City, Construction Manager or Design Consultant has given written approval of such deviation. No adjustment in the Contract Sum or Contract Time shall be permitted with respect to any such deviations that are noted in writing by Contractor and as to which City, Construction Manager or Design Consultant takes no exception or approves.
3.12.9 After review of Contractor's Submittals by City, Construction Manager or Design Consultant, as appropriate, the Construction Manager will transmit to Contractor one set of Submittals. If the Submittals are found to be incomplete or incorrect, Contractor shall resubmit after corrective action has been taken. Contractor shall reimburse City, or City may withhold from payments due Contractor, sums owing by City for any fees charged by City, Construction Manager or Design Consultant or City’s other consultants for more than two (2) reviews of a Submittal, or for accelerated review in a shorter time than set forth in the approved Construction Schedule, if requested by Contractor or caused by late Submittals by Contractor. The return of a Submittal due to failure to comply with the Contract Documents or for correction or additional information shall be considered a review.
3.12.10 Review of Submittals by City, Construction Manager or Design Consultant will be general and for conformance with design intent, and shall not relieve Contractor from the responsibility for proper fitting and construction of the Work, nor from furnished materials and Work required by the Contract which may not be indicated on the reviewed Submittals.
3.12.11 Submittals shall be in English, be of good quality, and be of a size and scale to clearly show all necessary details. Submittals shall show in detail the size, sections and dimensions of all members; the arrangement and construction of all connections, joints and other pertinent details; and all holes, straps and other fittings required by other Separate Contractors for attaching their Work. When required by City, Construction Manager or Design Consultant, engineering computations shall be submitted. Contractor shall be responsible for delivering duplicates of Submittals to all o ther persons whose Work is dependent thereon.
3.12.12 Contractor shall, at all times, maintain at the Site a complete file of all City, Construction Manager or Design Consultant-reviewed Submittals.
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3.13 TRADE NAMES, SUBSTITUTIONS
3.13.1 Any request for substitution of “or equal” items by the Contractor shall be made within 35 days of award of the contract, unless otherwise specified in these Contract Documents, and shall be governed by Public Contract Code Section 3400.
3.13.2 If City accepts for use in the Project a substitute material or process which in the opinion of City, Construction Manager or Design Consultant is not the equal of that specified, a Change Order shall be issued issuing a credit to City for the difference in value.
3.13.3 Substitutions by Contractor that are incorporated into the Work without the prior review and Approval by City, Construction Manager or Design Consultant in accordance with the requirements of the Contract Documents shall be deemed to be Defective Work.
3.13.4 The specified Construction Contract completion time shall not be affected by any circumstance developing from the substitution provisions of this Section.
3.14 DAILY REPORTS BY CONTRACTOR
3.14.1 At the end of each working day, Contractor shall submit a daily report to the Construction Manager (on a form provided by or accepted by the Construction Manager) listing:
(i) Labor - Names of workers, classification, hourly rates and hours worked.
(ii) Material - Description and list of quantities of materials used.
(iii) Equipment - Type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable.
(iv) Inspection and Testing Activities - Name, City or company and items involved.
(v) Areas of Work - The areas of the Site on which Work was performed and a detailed description of the stage, status and progress of the Work in each such area at the beginning and end of the day.
(vi) Accidents, Delays, Defective Work - Description in detail of any injuries to workers, accidents, Delays, or Defective Work that were encountered.
(vii) Other Services and Expenditures - Description in such detail as City may require of other services and expenditures.
3.14.2 Reports by Subcontractors that comply with the requirements of this Section 3.14 shall also be submitted to the Construction Manager through Contractor at the end of each working day
3.14.3 Submission of daily reports by Contractor and Subcontractors performing Work on the Site shall be a condition precedent to Contractor's right to payment under the Contract.
3.14.4 Facts, notice or information contained in daily reports of Contractor or its Subcontractors, whether known or not known to City or Construction Manager, shall under no circumstances be considered evidence of compliance by Contractor with any of the specific written notice requirements of the Contract Documents.
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3.15 CUTTING AND PATCHING
3.15.1 Contractor shall do all cutting, fitting, or patching of the Work required to make all parts of the Work join properly and to allow the Work to join the work of Separate Contractors shown in, or reasonably implied by, the Contract Documents.
3.15.2 Contractor shall not endanger the Work, the Project, Existing Improvements, or adjacent property by cutting, digging, or otherwise. Contractor shall not cut or alter the work of any Separate Contractor without the prior written consent of City.
3.15.3 In all cases, cutting shall be performed under the supervision of competent workers skilled in the applicable trade and shall cause the openings to be cut as small as possible to minimize unnecessary damage.
3.16 ACCESS TO THE WORK
3.16.1 City, Construction Manager, Design Consultant, their consultants and other persons authorized by City shall at all times have access to the Work wherever it is in preparation or progress.
Contractor shall provide safe and proper facilities for such access and for inspection.
3.16.2 City may, at any time, and from time to time during the performance of the Work, enter the Project for the purpose of installing any necessary other work by City labor or other contracts or for any other purpose. Contractor shall cooperate with City and not interfere with other work being done by or on behalf of City.
3.17 ROYALTIES AND PATENTS
Contractor shall pay all royalties and license fees required for the performance of the Work. Contractor shall immediately notify City if it learns of any circumstances that may constitute an infringement of patent rights and shall defend and indemnify City and the members of the Project Team in accordance with the indemnity provision in the Construction Contract against Losses, liabilities, suits or Claims resulting from Contractor's or any Subcontractor's or Sub-subcontractor’s infringement of patent rights.
3.18 PERMITS AND LICENSES
The Contractor shall comply with all provisions of any permits necessary to accomplish the Work as presented in this Contract. Contractor shall obtain and be responsible for the cost of all permits and applications related to the construction of the Project.
3.19 DIFFERING SITE CONDITIONS
3.19.1 Except as provided in this Section 3.19, Contractor agrees to solely bear the risk, including any additional costs and Delay of any and all concealed and unknown site conditions, without adjustment to the Contract Sum or Contract Time. This provision is applicable if the Project involves digging trenches or other excavations that extend deeper than four (4) feet below the surface. Contractor shall promptly, and before the following conditions are disturbed, provide written notice to City if the Contractor finds any of the following conditions:
.1 Material that Contractor believes may be a hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law.
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.2 Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
.3 Unknown physical conditions at the site of any unusual nature, diffe ring materially different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.
3.19.2 City shall promptly investigate any of the above the conditions and if City finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a Change Order under the procedures described in t he Contract Documents. The City may, acting in its sole discretion, extend the applicable deadline for submitting a Change Order Request when it is based upon differing conditions subject to Public Contract Code Section 7104.
3.19.3 In the event that a dispute arises between the City and the Contractor regarding any of the matters specified in subsection 3.19.1, above, Contractor shall not be excused from any scheduled completion date provided for in the Contract Documents, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by the Contract or by law which pertain to the resolution of disputes between Contractor and City.
3.20 INSPECTIONS
3.20.1 In order to allow for inspection by City and other agencies, or any inspection required elsewhere in the Special Provisions and Technical Specifications, Contractor shall notify City in writing three (3) Days in advance of the permanent concealment of any materials or Work.
3.20.2 Whenever Contractor desires to carry on the Work of this Construction Contract at hours other than those specifically required by the City or 8:00 AM to 6:00 PM, Monday through Friday or from 9:00 AM to 5:00 PM on Saturdays, it shall request authorization in writing from City for such Work at least twelve (12) Days in advance and, if approved to proceed, Contractor agrees to pay the costs incurred by the City to provide inspectors during these times and the costs incurred for the Construction Manager, Design Consultant and/or other City consultants whose presence at the Site is necessary. City offices are closed on alternate Fridays commencing January 12, 2001, and every other Friday thereafter. Inspections by City Building Department may not be available on these days.
3.20.3 If any Work is concealed or performed without the prior notice specified above, then the Work shall be subject to such tests or exposure as may be necessary to prove to City that the materials used and the Work done are in conformity with the Contract Documents. All labor and equipment necessary for exposing and testing shall be furnished by Contractor at its expense. Contractor shall replace, at its own expense and without reimbursement by City, any materials or Work damaged by exposure and any faulty materials or work evidenced by such exposure or testing, and shall be responsible for any Delay caused thereby.
3.20.4 When, in order to comply with the intent of the Contract Documents, inspection must be made at the plant or mill of the manufacturer or fabricator of material or equipment, Contractor shall notify City a sufficient length of time in advance to allow for arrangements to be made for such inspection. If required testing and/or inspection must be conducted at a location more than one hundred (100) miles from the Site, Contractor shall be responsible for the additional travel costs required for testing and/or inspection at such location.
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3.20.5 Any inspection or approval by any representative or agent of City will not relieve Contractor of the responsibility of incorporating into the Work only those materials which conform to the Contract Documents, and any nonconforming materials shall be removed from the Site whenever identified, at Contractor’s sole expense.
3.20.6 When Contractor believes it has achieved either Substantial or Final Completion of the Work, Contractor shall notify City and the Construction Manager in writing and request a Substantial or Final Completion inspection of the Work. City, Design Consultant and Construction Manager will make such inspection as soon thereafter as possible.
3.21 STOP NOTICES
Contractor must promptly pay its Subcontractors in accordance with the subcontract requirements and California prompt payment statutes. If any stop notice or other claim is served, filed or recorded in connection with the Work, City shall have the option, in its sole discretion, to permit Contractor immediately and at its own expense obtain a bond executed by a good and sufficient surety, in accordance with Civil Code section 9364, in a sum equal to one hundred twenty- five percent (125%) of the amount of such stop notice or claim. Such bond shall guarantee the payment of any amounts which the claimant may recover on the stop notice or claim, together with the claimant’s costs of suit in any action to enforce such stop notice or claim if the claimant recovers therein. This remedy shall be in addition to all other rights and remedies of City under the Contract Documents and applicable law, including, without limitation, the right to withhold funds from sums due to Contractor. Contractor shall timely notify City of Contractor's receipt of any stop notice or other third-party claim, valid or invalid, relating to the Contract Documents.
3.22 PARKING
Contractor shall provide and maintain suitable parking areas, for use by all construction workers and others performing work or furnishing services in connection with the Project, as required to avoid any need for parking pe rsonal vehicles where they may interfere with public traffic, construction activities or public parking. The Construction Manager shall approve the location of all off-site parking in the City.
3.23 USE OF THE PROJECT SITE AND CLEAN UP
3.23.1 Contractor shall confine operations at the Site to areas permitted by Applicable Code Requirements and the Contract Documents. Contractor shall not encumber the Site with materials or equipment so that Separate Contractors' work is hindered or impeded due to such encumbrances.
3.23.2 Contractor shall, during performance of the Work, keep the Site and surrounding area free from the accumulation of excess dirt, dust, waste materials, water and rubbish caused by Contractor or any Subcontractors. Contractor shall continuously and daily remove all excess dirt, waste material, water and rubbish caused by Contractor and all tools, equipment, machinery and surplus materials from the Site and surrounding area at end of each day. Adequate cleanup will be a condition for progress payments.
3.23.3 Personnel of Contractor shall not occupy, live upon, or otherwise make use of the Site during any time that Work is not being performed at the Site, except as otherwise provided in the Contract Documents.
3.23.4 Upon Final Completion of the Work, Contractor shall remove all construction facilities, appurtenances, tools, material and other articles from the Site. The entire area, including all fixed equipment, floors, surfaces and hardware shall be cleaned and restored to their original condition in accordance with the Special Provisions and Technical Specifications.
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3.23.5 In addition to water sprinkling, temporary enclosures and anti-dust sweeping compounds should be used to limit dust and dirt rising and to keep the Site clean.
3.23.6 Construction materials shall be neatly stacked by Contractor when not in use. Loose materials, whether on the Site or in transit, shall be covered to prevent dust. Contract or shall promptly remove splattered concrete, asphalt, oil, paint, corrosive liquids and cleaning solutions from the affected surfaces to prevent marring or other damage to the Work.
3.23.7 Volatile wastes shall be properly stored in covered metal contai ners and removed daily.
All other trash receptacles shall be promptly emptied when full.
3.23.8 Contractor shall promptly and legally transport and dispose of removed and demolished items and waste materials not identified to be recycled or reused in compliance with local ordinances and anti-pollution laws. No rubbish or waste materials shall be burned, buried, or otherwise disposed of on the Site.
3.23.9 The Contractor shall provide sanitary facilities at the Site, which shall be of reasonable capacity, properly maintained throughout the construction period, and obscured from public view to the greatest practical extent. Contractor shall require all personnel to use the sanitary facilities. Sanitary facilities shall be on a portable trailer and shall be removed from the Site at the end of each workday. For sewer lining projects, Contractor shall provide additional sanitary facilities on a portable trailer to be used by the residents during lining installation (one sanitary facility per each 30 meter s [100 feet]). Contractor shall remove the sanitary facilities as soon as relief holes are cut and notices of completion are delivered.
3.24 ENVIRONMENTAL CONTROLS
Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various contract items of Work involved and no additional compensation will be allowed.
3.24.1 AIR POLLUTION CONTROL. Contractor shall comply with all air pollution contr ol rules, regulations, ordinances and statutes which apply to any work performed pursuant to the Contract, including rules promulgated by the Bay Area Air Quality Management District, the California Department of Public Health or any other applicable agenc y. In the absence of any applicable air pollution control rules, regulations, ordinances or statutes governing solvents, all solvents, including but not limited to the solvent portions of paint thinners, curing compounds, parts cleaners and degreasers and liquid asphalt used on the Project shall comply with the applicable material requirements of the Bay Area Air Quality Management District. All containers of paint thinner, curing compound parts cleaners and degreasers or liquid asphalt shall be labeled to indicate that the contents fully comply with said requirements. Material to be disposed of shall not be disposed of onsite (i.e. used up inappropriately or burned). Compressed gases contained within cylinders or aerosol cans shall never be released for any purpose other than that intended by the manufacturer.
.1 Mold . The Contractor shall take steps to prevent mold from developing on the Site, or being released into the air and shall promptly decontaminate any areas of mold that develop.
.2 VOC’s . Only construction materials that emit low levels of volatile organic compounds (VOC) shall be used within indoor areas. Adequate ventilation of packaged dry products shall be used prior to installation. Contractor is responsible to ventilate the building during the application of wet products (e.g., paints, glues, sealants), which release their highest levels of VOC's during the curing period immediately after the application. Also, wet products shall be applied before installing materials that act as "sinks" such as
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carpets, fabric, ceiling tiles, movable partitions, furniture, etc. in order to reduce the chance of the "sinks" absorbing contaminants and slowly releasing them into the building over time.
.3 Off- Gassing. Contractor is responsible for identifying specific materials that require more complex ventilation to accelerate off- gassing. In addition to paints, glues and sealants, those materials that generally require temporary ventilation include, without limitation: composite wood products, plastics, waterproofing, insulation, fireproofing, caulking, acoustical ceilings, resilient flooring and wood preservatives.
.4 Barriers. Barriers shall be used to prevent the migration of airborne pollutants from areas under construction and to mitigate any construction noise that may disrupt occupant activities. If effective controls for pollution emissions cannot be practically implemented, activities involving significant airborne pollutants shall be scheduled durin g off-hours at Contractor’s expense. The Site shall be ventilated with fresh outside air during and immediately after the noxious activity.
.5 Exhaust. Contractor shall install temporary exhaust systems in construction areas to prevent contaminated air from entering the building's return -air system, including, without limitation:
(i) Removing windows in a space.
(ii) Using available or dedicated exhaust systems (e.g., kitchen or toilet exhaust) that are not tied into the building's overall return-air system.
.6 Treated wood waste (TWW). TWW is any wood treated with preserving chemicals that protect the wood from insect attack or fungal decay (typically railroad ties, power poles, or bollards) shall be managed by Contractor to minimize d ust generation. Contractor shall never grind TWW and shall be properly dispose TWW at a permitted TWW disposal facility. If Contractor size- reduces the TWW then Contractor shall collect all dust generated for proper offsite disposal.
.7 Contaminated Soil Removal. Unless approved by the City, contaminated soils that are being removed shall be loaded directly into truck trailers that shall transport the soils directly to disposal facilities and not stockpiled onsite or elsewhere. If the City approves the temporary stockpiling of soils onsite, then Contractor shall cover the soil with visqueen (or other suitable material) within 1 hour.
The building shall be flushed with full outdoor air for seven (7) Days prior to occupancy.
Full capacity of the HVAC system shall be used for at least 2.5 ACH (air changes per hour), provided by temporary fans. During this time, the interiors shall be thoroughly cleaned, the HVAC ducts vacuumed, and air and HVAC system filters replaced.
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3.24.2 WATER POLLUTION CONTROL.
.1 Contractor shall at a minimum use applicable Best Management Practices listed in the California Stormwater Quality Association Construction Handbook http://www.cabmphandbooks.com/Construction.asp to prevent the pollution of storm drains and watercourses by discharges of materials other than uncontaminated storm water. Prohibited discharges include storm water runoff discharges that may threaten to cause pollution, contamination or nuisance, sanitary waste, sediment and debris from erosion and other substances resulting from construction activities. Sanitary wastes will not be permitted to enter any storm drain or watercourse and must be routed to the sanitary sewer system. No sediment, debris or construction materials will be permitted to enter sanitary sewers.
.2 Contractor shall provide effective and continuous control of water pollution, including Work in small or multiple units, on an out of phase schedule or with modified construction procedures. Contractor shall determine which methods are most effective in achieving control of water pollution as a result of Contractor's operations. Contractor shall coordinate water pollution control work with all other Work performed by Contractor and Separate Contractors.
.3 Before starting any Work on the Project, Contractor shall submit to the Construction Manager for acceptance a Storm Water Pollution Prevention Plan (SWPPP) for effective control of storm water pollution. Such plan shall show the schedule and detailed description for the storm water pollution prevention and erosion control work or practices included in the Construction Contract and for all storm water pollution control measures which Contractor proposes to employ in connection with construction of the Project to minimize the effects of their operations upon storm drains, adjacent streams, and other bodies of water. Contractor shall not perform any clearing and grubbing or earthwork on the Project, other than that specifically authorized in writin g by the Construction Manager, until such SWPPP has been approved by a City representative or the Construction Manager. Contractor shall revise and bring up to date said SWPPP at any time the Construction Manager makes written request for such revisions.
.4 City shall not be liable to Contractor for failure to accept all or any portion of any originally submitted or revised SWPPP, or for any Delays to the Work due to Contractor's failure to submit an acceptable SWPPP. Contractor assumes sole responsibility for all costs associated with treatment of storm water polluted as a result of Contractor’s Site activities, whether treatment is initiated by Contractor or City.
.5 Contractor may request the Construction Manager to waive the requirement for s ubmission of a written SWPPP when the nature of Contractor's operation is such that pollutant discharge or soil erosion is not likely to occur. Waiver of this requirement will not relieve Contractor from responsibility for compliance with the other prov isions of this Section. Waiver of the requirement for a written SWPPP will not preclude City requiring submittal of a SWPPP at a later time if the Construction Manager deems it necessary because of the effect of Contractor's operations.
.6 Where erosion damage which will cause storm water pollution is probable due to the nature of the material or the season of the year, Contractor's operation shall be so scheduled that permanent erosion control features will be installed concurrently with or immediately following grading operations.
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.7 All storm water pollution control work required elsewhere in the Contract Documents which may be accomplished under the various contract items of Work will be measured and paid for as provided in said items of Work elsewhere in these Contract Documents.
3.24.3 URBAN RUNOFF. At a minimum, the following specific Best Management Practices which address the potential pollution impacts of urban runoff shall apply to all projects undergoing construction in City. The Best Management Practices listed below (in addition to those listed in the Technical Specifications) are required by City, and shall apply at the time of demolition of an existing structure or commencement of construction until receipt of a certificate of occupancy or certificate of completion:
.1 Sediment and construction waste from construction sites and parking areas shall no t leave the Site.
.2 Any sediments or other construction materials which are tracked off the Site shall be removed the same day. Straw wattles or another temporary sediment barrier shall be installed around the perimeter of the Site to prevent the sediment from leaving the Site.
.3 On an emergency basis only, plastic covering may be utilized to prevent erosion of an otherwise unprotected area, along with runoff devices to intercept and safely convey the runoff.
.4 Excavated soil shall be located on the Site in a manner that eliminates the possibility of sediment running into the street, storm drains, water bodies, or adjoining properties.
Material stockpiles shall be covered within 1 hour of stockpiling the material until the material is either used or removed.
.5 No washing of construction vehicles shall be allowed on or adjacent to the Site.
.6 Drainage controls shall be utilized as needed, depending on the extent of proposed grading and topography of the Site, including, but not limited to the following: (i) detention ponds or sedimentation ponds; and (ii) dikes, berms or ditches; and (iii) down drains, chutes or flumes.
3.24.4 STORM WATER POLLUTION PREVENTION DURING ROADWORK. To avoid storm water pollution, Contractor shall plan roadwork and pavement construction as follows:
.1 Apply concrete, asphalt, and seal coat during dry weather to prevent contaminants from contacting storm water runoff.
.2 Cover storm drain inlets and manholes when paving or applying seal coat, slurry seal, fog seal, etc.
.3 Always park paving machines over drip pans or absorbent materials.
.4 When making saw-cuts in pavement, use as little water as possible. Cover each catch basin completely with filter fabric during the sawing operation. Shovel or vacuum the slurry residue from the pavement and remove from the Site.
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3.24.5 STORMWATER POLLUTION. To avoid stormwater pollution, Contractor shall plan roadwork and pavement construction as follows:
.1 Apply concrete, asphalt, and seal coat during dry weather to prevent contaminants from contacting stormwater runoff.
.2 Cover storm drain inlets and personnel access holes when paving or applying seal coat, slurry seal, fog seal, etc.
.3 Always park paving machines over drip pans or absorbent materials, since they tend to drip continuously.
.4 When making saw-cuts in pavement, use as little water as possible. Cover each catch basin completely with filter fabric during the sawing operation and contain the slurry by placing straw bales, sand bags, or gravel dams around the catch basin. After the liquid drains or evaporates, shovel or vacuum the slurry residue from the pavement or gutter and remove from the Site.
3.24.6 DRAINAGE CONTROL. Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the Site in performance of the Work. Drainage facilities shall be adequate to prevent damage to the Work, Site and adjacent property. Also drainage facilities shall be constructed to minimize the potential pollution to the ocean.
Existing drainage channels and conduits shall be cleaned, enlarged or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channels), to protect City's private property and utility owner's facilities and the Work, and to direct water to drainage channels or conduits. Retention of drainage on the Site shall be provided as necessary to prevent downstream flooding.
3.24.7 DUST CONTROL. As elsewhere provided herein, the Contractor shall be responsible for all dust alleviation and control measures necessary and required for the public safety a nd convenience during the life of the contract. The Contractor shall use reclaimed water to control dust from unpaved surfaces as needed on a daily basis or as directed by the Construction Manager. The water shall be applied at a limited rate so as to avoid the creation of runoff from the site. The Contractor shall not use water to flush down paved or impervious surfaces as a means of dust control. Paved or impervious surfaces shall be swept with a street sweeper as needed to control dust on the site. C ompensation for water applied as alleviation and/or prevention of dust nuisance and street sweeping shall be considered as included in the prices paid for the various contract items of work and no additional allowance will be made therefore.
3.24.8 SPECIAL HAZARDOUS SUBSTANCES AND PROCESSES. Contractor shall comply with the provisions of all applicable hazardous materials Standards including but not limited to California Code of Regulations (CCR) Title 8, Chapter 4, Group 16 (CalOSHA Control of Hazardou s Substances), CCR Title 22, Division 4.5, (hazardous waste management standards), California Health & Safety Code Division 20, Section
6.5 (hazardous waste control), California Fire Code, Code of Federal Regulations (CFR) 49 (DOT regulations), CFR 40, Par t 60 (U.S. hazardous waste standards) and applicable sections of the Palo Alto Municipal Code. Contractor shall at all times maintain an inventory of hazardous materials stored onsite and all applicable Material Safety Data Sheets (MSDSs) available for review by the City.
For City -generated hazardous waste removal, the City will take full generator status for the hazardous wastes as described under CCR 22. The City will obtain any EPA Identification numbers for the project and will sign each manifest as the generator before the material is transported. Contractor shall fully manage the hazardous wastes for the City including the removing, storing, transporting and disposing of the hazardous wastes. For construction activities that remove existing hazard ous wastes, such as,
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asbestos removal, contaminated soil removal, lead paint removal or other contamination abatement projects, Contractor shall develop a hazardous materials management plan (HMMP). The HMMP shall contain sufficient information that shall demonstrate how the Contractor will remove, secure and store, transport to a permitted disposal facility. Contractor shall submit the HMMP to the City for approval. At a minimum, the HMMP shall include:
• Project map that shall show hazardous waste removal areas, storage areas (including all fencing, gates, locks, structures etc.;
• Hazardous waste expected inventory including quantities and types of wastes; • Security program – how the Contractor will keep hazardous materials secure from public contact;
• Monitoring and inspection program;
• Inventory of emergency equipment onsite;
• Transportation Plan includes how the Contractor plans to package and transport the hazardous wastes;
• Disposal facility name and location;
• Any other information that would reasonably de scribe Contractor hazardous waste removal, storage and disposal plans.
City has the sole right to reject the hazardous waste transporter and/or disposal facility from Contractor’s consideration.
Hazardous wastes that are generated from Contractor’s activities while completing the project (i.e. equipment maintenance fluids, empty oil or solvent drums, etc. shall be the sole responsibility of the Contractor who is the generator of the wastes under the Hazardous Waste Generator Regulations CCR Title
22. Wastes must be handled, recycled or disposed of in the United States.
3.24.09 ENVIRONMENTAL PURCHASING POLICY. The Contractor shall comply with the City of Palo Alto’s Environmental Purchasing Policy, as amended from time to time. A copy is available at the City’s Purchasing Division.
3.24.10 ZERO WASTE REQUIREMENTS. The Contractor shall comply with waste reduction, reuse, recycling and disposal requ irements of the City’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, Contractor shall comply with the following zero waste requirements:
• All printed materials provided by Contractor to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by the City’s Project Manager.
Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. • Goods purchased by Contractor on behalf of the City shall be purchased in accordance with the City’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office.
• Reusable/returnable pallets shall be taken back by the Contractor, at no additional cost to the City, for reuse or recycling. Contractor shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
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3.24.11 SOUND CONTROL.
.1 Contractor shall comply with the City’s Noise Ordinance set forth in Chapter 9.10 of the Palo Alto Municipal Code, except as modified in the Special Provisions and Technical Specifications. Copies of the Noise Ordinance are available in the Purchasing Division.
.2 Each internal combustion engine used for any purpose on the Site or otherwise within the City of Palo Alto shall be equipped with a muffler of a type rec ommended by the manufacturer. No internal combustion engine shall be operated on the Project without said muffler. This requirement in no way relieves Contractor from responsibility for complying with local ordinances regulating noise level.
.3 The noise level requirement shall apply to all equipment on the Work or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.
.4 Prior to starting construction, all equipment to be used on the Project shall be inspected and tested for compliance with the requirements of this Project. Sound blankets or other sound mitigation equipment approved by the Construction Manager shall be required to bring equipment into compliance with the requirements of this Project.
3.25 TEMPORARY WATER, LIGHT AND POWER
Water for any purpose shall be obtained by Contractor, at its expense, from City. Contractor is to contact the Construction Manager for a phone number and contact person. In no case may Contractor obtain water from unmetered fire hydra nts. The costs of obtaining water shall be included in the prices paid for the various contract items of work included and no additional compensation will be allowed therefore, unless otherwise specified in the Contract Documents. The City imposes a penalt y for taking water from an unmetered fire hydrant. The penalty shall be deducted from the payment due Contractor. Contractor shall purchase power from the City, at Contractor’s expense.
3.26 CITY TRUCK ROUTE ORDINANCE
The Contractor and any subcontractors or suppliers shall at all times comply with the requirements of the City of Palo Alto Truck Route Ordinance set forth in Chapter 10.48 of the Palo Alto Municipal Code.
3.27 UNFAIR BUSINESS PRACTICES CLAIMS
Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15), or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract Documents. This assignment shall be made and become eff ective at the time City tenders Final Payment to Contractor, without further acknowledgment by the parties. Contractor shall incorporate this provision in all Subcontractor contracts.
3.28 EXISTING UTILITIES
3.28.1 Prior to the start of any grinding or any excavation, the Contractor shall be responsible for notifying Underground Services Alert (USA) 800- 642-2444 at least five ( 5) days prior to beginning underground work so that existing utilities can be marked in the field. The Contractor is responsible for the location of all utilities, both public and private. Contractor shall give specific address for grinding or excavation location. Each location shall be marked by the Contractor in the field with white paint.
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3.28.2 The Contractor shall acknowledge that the marking of underground utilities is only approximate, and shall take all necessary precautions to avoid damaging these utilities.
3.28.3 All Underground Services Alert marking shall be removed by the Contractor. Any utilities damaged or altered in any way during the performance of the work under this Contract shall be promptly reported to the Engineer, and shall be restored to their original condition at the Contractor's expense.
3.28.4 If the Contractor comes into contact with any existing utilities during its operations, t he Contractor shall notify the Engineer before proceeding with the work involved.
3.28.5 Pursuant to Government Code Section 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract Documents, Contractor shall immediately provide written notice to City and the utility. City assumes responsibility for the timely removal, relocation, or protection of existin g main or trunkline utility facilities located on the Project site, if such utilities are not identified in the Contract Documents. Contractor shall be compensated in accordance with the provisions of the Contract Documents for the costs of locating, repa iring damage not due to Contractor’s failure to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans or specifications with reasonable accuracy and for equipment on the Project necessarily idled during suc h work. Contractor shall not be assessed liquidated damages for delay in completion of the Work, to the extent such delay was caused by City’s failure to provide for removal or relocation of such utility facilities.
ARTICLE 4 – ADMINISTRATION OF THE CONTRACT
4.1 CONTRACT ADMINISTRATION BY CITY, DESIGN CONSULTANT AND CONSTRUCTION MANAGER
4.1.1 City and the Construction Manager will provide administration of the Construction Contract as provided in the Contract Documents.
4.1.2 No actions taken by City, Construction Manager or Design Consultant shall relieve Contractor of its obligations described in the Contract Documents.
4.1.3 The Construction Manager will be present on the Site during the performance of the Work primarily for the purposes of providing administration, inspection and expediting communications between City, Design Consultant and Contractor.
4.1.4 Neither City, Design Consultant nor Construction Manager will have control over, will be in charge of, or will be responsible for construction means, methods, techniques, safety, sequences or procedures or for safety precautions and programs in connection with the Work, all of which are the sole responsibility of Contractor.
4.1.5 Unless otherwise provided in the Contract Documents or when direct communications have been specifically authorized, communications between Contractor and City or Design Consultant shall be in writing through Construction Manager. Communications by Contractor or Subcontractors and with Separate Contractors shall be through the Construction Manager. Contractor shall not rely on oral or other non-written communications.
4.1.6 Based on the Construction Manager’s Site visits and evaluations of Contractor's Applications For Payment, the Construction Manager will review and recommend to City for City approval the amounts, if any, due Contractor.
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4.1.7 Construction Manager will make recommendations to City to reject the Work, or any portion thereof, which does not conform to the Contract Documents. City alone shall have the authority to stop the Work or any portion thereof. Whenever City considers it necessary or advisable, City will have the authority to require additional inspection or testing of the Work in accordance with the Contract Documents, whether or not such Work is fabricated, installed or completed. However, no authority of City conferred by the Contract Documents nor any decision made in good faith either to exercise or not exercise such authority, nor any recommendation by the Construction Manager, shall give rise to a duty or responsibility of City or the Construction Manager to Contractor or its Subcontractors.
4.1.8 Construction Manager’s authority includes, but is not limited to the following:
.1 Conduct or direct inspections to determine suitability of the Project or portion thereof for Beneficial Occupancy.
.2 Assist City in determining the dates of Substantial Completion and Final Completion;
.3 Review any records, written warranties and related documents required by the Contract Documents and assembled by Contractor; and
.4 Make recommendations to City for issuance of Final Payment upon Contractor's compliance with the requirements of the Contract Documents.
4.1.9 City, with the assistance of recommendations from the Design Consultant and/or Construction Manager, shall be the ultimate interpreter of the req uirements of the Contract Documents and the judge of performance thereunder by Contractor. Such decisions by City will be final and binding upon Contractor.
4.2 CLAIMS
4.2.1 Public Contract Code Section 9204. Public Contract Code Section 9204 (“Section 9204”) sets forth certain pre-litigation claims procedures for public works projects that City is required to include in its Contract Documents. In summary, Section 9204 requires public entities to respond to claims within 45 days, to meet and confer if requested by the contractor, to promptly pay undisputed amounts, and to mediate unresolved claims prior to litigation, absent a mutual waiver of mediation. It expressly provides for the submission of subcontractor “pass-through” claims, and allows public entities to prescribe reasonable additional change order, claim, and dispute resolution procedures and requirements, so long as the additional provisions do not conflict with or otherwise impair the timeframes and procedures set for th in Section 9204. The requirements of Section 9204 are incorporated and included in the following provisions, which also include reasonable additional procedures.
4.2.2 Scope and Authority. This Section 4.2 applies to any Claim, as defined in Section 1.1.19, above, arising from or related to the Contract or performance of the Work. It is intended to provide the exclusive procedures for submission and resolution of Claims of any amount, and applies in addition to the provisions of Public Contract Code Se ction 9204, and Public Contract Code Sections 20104 et seq., which are incorporated by reference herein and included in these provisions.
4.2.3 Accrual of Claim. A Claim accrues and arises upon issuance of a written decision by the City or Construction Manager denying, in whole or in part, a Change Order Request, which was previously submitted in compliance with these Contract Documents. A Claim that demands an extension of time or an increase in the Contract Sum does not accrue unless Cont ractor has previously submitted such demand(s) in a Change Order Request.
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4.2.4 Claims Submission Requirements and Deadlines. All Claims must be submitted in writing by registered mail or certified mail with return receipt requested. Except for Claims disputing the amount of Final Payment, all Claims and all supporting documentation and certifications, as further detailed below, must be filed within fourteen (14) Days following the date that City notified Contractor in writing that a request for a change in the Contract Time or Contract Price, duly submitted in compliance with the Contract Documents, has been rejected in whole or in part; any Claim which is not submitted prior to Final Payment is deemed waived. A Claim disputing the amount of Final Payment must be submitted within fourteen (14) Days of the effective date of Final Payme nt. Strict compliance with these Claim submission deadlines is necessary to ensure that any dispute may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project. Any Claim that is not submitted within the specified d eadlines will be deemed waived by Contractor.
4.2.5 Supporting Documentation. A Claim submittal must include the following:
.1 A statement that it is a Claim, clearly specifying the amount requested (with respect to Claims for payment), and/or the number of days requested (with respect to Claims for an extension of the Contract Time);
.2 A detailed description of the act, error, omission, Differing Site Condition, event or other circumstance giving rise to the Claim; and
.3 A statement demonstrating th at a Change Order Request was submitted in a timely manner as required by Section 7.2 of these General Conditions, along with a copy of the Change Order Request and the City’s written rejection of the subject Claim.
.4 All documents necessary to substantiate the Claim, including, without limitation:
(i). A detailed cost breakdown in the form required for submittal of Change Order Requests, and subject to the limitations described in Article 7, below.
(ii). Copies of actual job cost records demonstrating that the costs have been incurred.
(iii). If the Claim is based on an error, omission, conflict or ambiguity in the Contract Documents: (i) a sworn statement by Contractor and any Subcontractor involved in the Claim, to the effect that the error, omission, conflict or ambiguity was not discovered prior to submission of the Bid, and (ii) if not discovered, a sworn statement demonstrating that the error, omission, conflict or ambiguity could not have been discovered by Contractor, its Subcontractor(s) or in exercise of the degree of care required of them under the Contract Documents for review of the Contract Documents prior to submission of the Bid.
.5 If the Claim involves a request for adjustment of the Contract Time, written documentation demonstrating that Contractor has complied with the requirements of the Contract Documents pertaining to proving the right to an extension of time and demonstrating that Contractor is entitled to an extension of time under the Contract Documents.
.6 A writ ten certification signed by a responsible managing officer of Contractor’s organization, who has the authority to sign subcontracts and purchase orders on behalf of Contractor and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such certification, in the following form:
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I hereby certify under penalty of perjury under the laws of the State of California that I am a managing officer of and that I have reviewed the Claim presented herewith on Contractor’s behalf and/or on behalf of and that the following statements are true and correct.
(i) The facts alleged in or that form the basis for the Claim are true and accurate; and,
(ii) Contractor does not know of any facts or circumstances, not alleged in the Claim, that by reason of their not being alleged render any fact or statement alleged in the Claim materially misleading; and,
(iii) Contractor has, with respect to any request for money or damages alleged in or that forms the basis for the Claim, reviewed the job cost records (including those maintained by Contractor and by any Subcontractor of any Tier, that is asserting all or any portion of the Claim) and confirmed with reasonable certainty that the Losses or damages suffered by Contractor and/or such Subcontractor were in fact suffered in the amounts and for the reasons alleged in the Claim; and,
(iv) Contractor has, with respect to any request for extension of time or claim of Delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules (including those maintained by Contractor and by any Subcontractor involved in the Claim) and confirmed on an event -by-event basis that the delays or disruption suffered by Contractor and /or such Subcontractor were in fact experienced for the durations, in the manner, and with the consequent effects on the time and/or sequence of performance of the Work, as alleged in the Claim; and,
(v) Contractor has not received payment from City for, nor has Contractor previously released City from, any portion of the Claim; and
(vi) Contractor understands that submission of a Claim which has no basis in fact or which Contractor knows to be false may violate the False Claims Act (Government Code Section 12650 et seq.).
Signature: ___________________________
Name: ______________________________
Title: _______________________________
Company: ___________________________
Date: _______________________________
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4.2.6 Strict Compliance Required. No Claim may be asserted unless Contractor has strictly complied with the requirements of Section 4.2 of these General Conditions, which shall be considered conditions precedent to Contractor’s rights to assert the Claim and to initiate the Contract Dispute Resolution Process set forth below with respect to such Claim.
4.2.7 No Work Delay. Notwithstanding the submission of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by City, Contractor shall not delay, slow or stop performance of the Work, but shall diligently proceed with performance in accordance with the Contract Documents and City will continue to make payments as required by the Contract Documents.
4.2.8 City Response. City shall respond in writing within forty -five (45) Days of receipt of the Claim with a written statement identifying which portion(s) of the Claim are disputed or undisputed, unless the 45 Day period is extended by mutual agreement of City and Contractor or as otherwise allowed under Public Contract Code Section 9204. However, if City determines that the Claim is not adequately documented, City may first request in writing, within thirty (30) days of receipt of the Claim, additional information or documentation supporting the Claim, or relating to defenses to the Claim that City may have against the Claim, in which case City shall respond to the Claim within forty-five 45 Days after receipt of the further information or documentation. If Contractor fails to submit the additional documentation to City within fifteen (15) Days of receipt of City’s request, the Claim will be deemed waived. If City Council authorization is necessary for City to respond to a Claim, City will respond within three (3) Days following the Council’s consideration of the Claim, which shall be scheduled in accordance with Section 9204.
4.2.9 Non- Waiver. Any failure by City to respond within the times specified above may not be construed as acceptance of the Claim in whole or in part, or as a waiver of any provision of these Contract Documents.
4.2.10 Payment on Undisputed Portion. Any payment due on an undisputed portion of the Claim shall be paid within 60 Days after the City issues its written response.
4.2.11 Meet and Confer. If Contractor disputes City’s response, or if City fails to respond within the prescribed time set forth above, Contractor may so notify City and demand a meet and confer conference for settlement of the issues in dispute, in writing sent by registered mail or certified mail, return receipt requested, within fifteen (15) Days of City’s response or within fifteen (15) Days of City’s failure to respond. If Contractor fails to dispute City’s response within the specified time, Contractor’s Claim shall be deemed waived.
.1 Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within 30 days, or later if needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference.
.2 Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near City’s principal office.
.3 Written Statement After Meet and Confer. Within ten (10) working days after the meet and confer has concluded, City will issue a written statement identifying which portion(s) of the Claim remain in dispute, if any.
.4 Submission to Mediation. If the Claim or any portion remains in dispute following the meet and confer conference, within ten (10) working days after the City issues the written statement identifying any portion(s) of t he Claim remaining in dispute, the disputed portion(s) will be submitted for nonbinding mediation, as set forth below.
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4.2.12 Mediation. Within ten (10) working days after the City issues the written statement identifying any portion(s) of the Claim rem aining in dispute following the meet and confer, City and Contractor will mutually agree to a mediator and mediation process, consistent with and as provided under Public Contract Code section 9204. Mediation will be scheduled to ensure the mutual availabi lity of the selected mediator and all of the individuals that each party requires to represent its interests. All discussions that occur during the mediation and all documents prepared solely for the purpose of the mediation shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and 1152. The parties will share the costs of mediation equally, except costs incurred by each party for its representation by legal counsel or any other consultants.
4.2.13 The Claim procedures set forth herein do not apply to the following:
(i) Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency.
(ii) Tort claims for personal injury or death.
(iii) False claims liability under California Government Code Section 12650, et seq. (iv) Defects in the Work first discovered by City after Final Payment by City to Contractor.
(v) Stop notices.
(vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents.
4.2.14 If the Claim is not fully resolved during the meet and confer conference or through mediation, as to those portions of the Claim which remain in dispute, Contractor may commence the Contract Dispute Resolution Process set forth below by filing a Statement of Contract Dispute with the City within thirty (30) Days following the meet and confer conference if the parties have mutually waived mediation, or within thirty (30) Days following the mediation result. If Contractor fails to submit a Statement of Contract Dispute within the applicable thirty (30) Day period, City’s last written response will become final and binding upon Contractor, and Contractor shall be deemed to have waived and release any further right to pursue the Claim.
4.3 RESOLUTION OF CONTRACT DISPUTES.
Contract Disputes shall be resolved by the parti es in accordance with the Contract Dispute Resolution Process set forth in this Section 4.3 of the General Conditions in lieu of any and all rights under the law that either party have its rights adjudged by a trial court or jury. All Contract Disputes sha ll be subject to the Contract Dispute Resolution Process set forth in this Section 4.3, which shall be the exclusive recourse of Contractor and City for such Contract Disputes.
4.3.1 Non- Contract Disputes. Contract Disputes shall not include any of the following:
(i) Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency;
(ii) Third party tort claims for personal injury, property damage or death relating to any Work performed by Contractor or its Subcontractors or Sub-subcontractors of any tier; (iii) False claims liability under California Government Code Section 12650, et. seq.; (iv) Defects in the Work first discovered by City after Final Payment by City to Contractor; (v) Stop notices; or
(vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents.
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4.3.2 Litigation, City Election . Matters that do not constitute Contract Disputes shall be resolved by way of an action filed in the Superior Court of the State of California, County of Santa Clara, and shall not be subject to the Contract Dispute Resolution Process. However, the City reserves the right, in its sole and absolute discretion, to treat such disputes as Contract Disputes. Upon written notice by City of its election as provided in the preceding sentence, such dispute shall be submitted by the parties and finally decided pursuant to the Contract Dispute Resolution Process in the manner as required for Contract Disputes, including, without limitation, City’s right under Paragraph 4.3.5 to defer resolution and final determination until after Final Completion of the Work.
4.3.3 Submission of Contract Dispute.
.1 By Contractor.
Contractors may commence the Contract Dispute Resolution Process upon conclusion of the Claims process set forth in Section 4.2 above. Contractor shall submit a written Statement of Contract Dispute (as set forth below) to City within thirty (30) Days after conclusion of the meet and confer process or mediation, as applicable, set forth in Section
4.2. Failure by Contractor to submit its Statement of Contract Dispute in a timely manner shall result in City’s decision by City on the Claim becoming final and binding. Contractor’s Statement of Contract Dispute shall be sign ed under penalty of perjury and shall state with specificity the events or circumstances giving rise to the Contract Dispute, the dates of their occurrence and the asserted effect on the Contract Sum and the Contract Time.
The Statement of Contract Dispute shall include adequate supporting data to substantiate the disputed Claim, in compliance with the Change Order Request requirements set forth herein.
.2 By City.
City's right to commence the Contract Dispute Resoluti on Process shall arise at any time following City's actual discovery of the circumstances giving rise to the Contract Dispute.
City may also assert a Contract Dispute in response to a Contract Dispute asserted by Contractor. A Statement of Contract Dispu te submitted by City shall state the events or circumstances giving rise to the Contract Dispute, the dates of their occurrence and the damages or other relief claimed by City as a result of such events.
.3 Contract Dispute Resolution Process.
The parties shall utilize each of the following steps in the Contract Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Contract Dispute Resolution Process, and good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the process.
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4.3.4 Direct Negotiations. Designated representatives of City and Contractor shall meet as soon as possible (but not later than ten (10) Days after receipt of the Statement of Contract Dispute) in a good faith effort to negotiate a resolution to the Contract Dispute. Each party shall be represented in such negotiations by an authorized representative with full knowledge of the details of the Claims or defenses being asserted by such party in the negotiations, and with full authority to resolve such Contract Dispute then and there, subject only to City’s obligation to obtain administrative and/or City Council approval of any agreed settlement or resolution. If the Contract Dispute involves the assertion of a right or claim by a Subcontractor against Contractor that is in turn being asserted by Contractor against City (“Pass- Through Claim”), then the Subcontractor shall also have a representative attend the negotiations, with the same authority and knowledge as described above. Upon completion of the meeting, if the Contract Dispute is not resolved, the parties may either continue the negotiations or any party may declare negotiations ended.
All discussions that occur during such negotiations and all documents prepared solely for the purpose of such negotiations shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and 1152.
4.3.5 Deferral of Contract Disputes. Following the completion of the negotiations required by Paragraph 4.3.4, above, all unresolved Contract Disputes shall be deferred pending Final Completion of the Project, subject to City’s right, in its sole and absolute discretion, to require that the Contract Dispute Resolution Process proceed prior to Final Completion. All Contract Disputes that have been deferred until Final Completion shall be consolidated within a reasonable time after Final Completion and thereafter pursued to resolution pursuant to this Contract Dispute Resolution Process. The parties can continue informal negotiations of Contract Disputes; provided, however, that such informal negotiations shall not be alter the provision for deferring final determination and resolution of unresolved Contract Disputes until after Final Completion.
4.3.6 Mediation . If the Contract Dispute remains unresolved after negotiations pursuant to Paragraph 4.3.4, above, the parties may choose, by mutual agreement, to conduct further mediation, however they shall be under no obligation to do so.
4.3.7 Binding Arbitration. Any remaining Contract Dispute shall be submitted for binding arbitration.
.1 Process. Any Claim submitted for binding arbitration, as set forth above, shall be determined by arbitration at the San Francisco JAMS’ offices, and administered by JAMS pursuant to its Engineering and Construction Arbitration Rules & Procedures for Expedited Arbitration. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction within Santa Clara County, and no other place.
.2 Waiver of Jury Trial. Contractor and City each voluntarily waives its right to a jury trial with respect to any Contract Dispute that is subject to binding arbitration in accordance with the provisions of this Paragraph 4.3. Contractor shall include this provision in its contracts with its Subcontractors who provide any portion of the Work.
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4.3.8 Non- Waiver. Participation in the Contract Dispute Resolution Process shall not waive, release or compromise any defense of City, including, without limitation, any defense based on the assertion that the rights or Claims of Contractor that are the basis of a Contract Dispute were previously waived by Contractor due to Contractor’s failure to comply with the Contract Documents, including, without limitation, Contractor’s failure to comply with any time periods for providing notice of requests for adjustments of the Contract Sum or Contract Time or for submission of Claims or supporting documentation of Claims.
ARTICLE 5 – SUBCONTRACTORS
5.1 CONTRACTOR'S AWARD OF SUBCONTRACTS
5.1.1 Contractor shall comply with the Subletting and Subcontracting Fair Practices Act, Public Contract Code Sections 4100 through 4114. Nothing herein shall be deemed to entitle Contractor, without the written approval of City, to substitute other Subcontractors for those named in Contractor's List of Subcontractors contained in the completed Bid; and, except with such approval, no such substitution shall be made. Should Contractor violate any of the provisions of the Subletting and Subcontracting Fair Practices Act, such violation shall be deemed a violation of the Construction Contract, entitling City, without limitation to any other rights or remedies under the law, to suspend or terminate the Construction Contract.
5.1.2 Except as hereinafter provided, any increase in the cost of the Work or Contract Time resulting from the replacement or substitution of a Subcontractor, shall be borne solely by Contractor and without any adjustment in Contract Sum or Contract Time.
5.1.3 Where a hearing is held pursuant to the provisions of Chapter 2, Division 5, Title 1 of the Public Contract Code (commencing with Subparagraph 4100), by the awarding authority or a duly appointed hearing officer, City’s representative shall prepare and certify a statement of all costs incurred by City for investigation and conduct of the hearing, including the costs of any hearing officer and reporter appointed. The statement shall then be sent to Contractor who shall reimburse City for such costs. If not paid separately, such reimbursement may be deducted from any money due and owing to Contractor.
5.2 SUBCONTRACTOR RELATIONS
5.2.1 Prior to the execution of each subcontract agreement, Contractor shall make available to each proposed Subcontractor, copies of the Contract Documents. Contractor must incorporate the terms of these Contract Documents into each subcontract, so that each Subcontractor will be bound by the terms of these Contract Documents, including, but not limited to, the provisions for dispute resolution. Within thirty (30) Days of the Notice To Proceed, Contractor shall provide City with a complete listing of all Subcontractors, which shall include, but not be limited to, the Work contracted for, Subcontractor’s name, address, telephone and facsimile numbers, form for doing business (i.e, sole proprietor, corporation, partnership), point-of-contact and Subcontractor’s license classification and number.
5.2.2 A ny part of the Work performed for Contractor by a first Tier Subcontractor shall be pursuant to a written subcontract. Each such subcontract shall require that the Subcontractor:
(i) Perform the Work in accordance with the terms of the Contract Documents.
(ii) Assume toward Contractor all the obligations and responsibilities which Contractor assumes towards City by the Contract Documents.
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(iii) Preserve and protect the rights of City under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights.
(iv) Waive all rights that the Subcontractor may have against City for damages caused by fire or other perils covered by builder's risk property insurance carried by Contractor or City, except for such rights Subcontractor may have to the proceeds of such insurance held by City under Article 11 of these General Conditions.
(v) Afford City and entities and agencies designated by City the same rights and remed ies with respect to access to and the right to audit and the right to copy at City's cost all of the Subcontractor's books, records, contracts, correspondence, instructions, drawings, receipts, vouchers, purchase orders and memoranda relating to the Work and requiring the Subcontractor to preserve all such records and other items for a period of at least three (3) years after Final Completion.
(vi) Recognize the rights of City under Section 5.3 of the General Conditions, Contingent Assignment of Subcontracts, including, without limitation, City’s right to elect to accept assignment of the subcontract and to retain Subcontractor pursuant to the terms of the subcontract, to complete the unperformed obligations under the subcontract and, if requested by City, to execute a written agreement on terms acceptable to City confirming that the Subcontractor is bound to City under the same terms as the subcontract.
(vii) Submit Applications for payment, requests for Change Orders and extensions of time and Claims, and to comply with all other notice and submission requirements of the Contract Documents, sufficiently in advance to allow Contractor time to comply with its obligations under the Contract Documents.
(viii) Purchase and maintain insurance in accordance with the requirements of the Contract Documents and reserving the right to Owner to purchase, in its sole discretion, such insurance pursuant to an Owner Controlled Insurance or other form of wrap-up program.
(ix) Provide the same defense indemnification of the City as is required of the Contractor.
(x) Agree to participate in the dispute resolution procedures specified in the Construction Contract, at the election of City.
5.2.3 Contractor shall promptly, after execution, furnish to City true, compl ete, and executed copies of all subcontracts, and any change orders and modifications thereto. Progress payments shall not be made for items of Work for which City has not received executed subcontracts and, if applicable, Change Orders.
5.2.4 Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and City, except when, and only to the extent that, City elects to accept the assignment of the subcontract with such Subcontractor pursuant to Section 5.3, Contingent Assignment of Subcontracts. Notwithstanding the foregoing, City is deemed a third party beneficiary of each subcontract agreement.
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5.2.5 City and the Construction Manager shall have the right to communicate with Contractor’s Subcontractors with respect to matters that are related to Contractor’s performance of its obligations under the Contract Documents. Contractor shall be provided with a copy of all such written communications. Such communications shall not create or be interpreted as creating any contractual relationship between City or the Construction Manager and any such Subcontractor.
5.3 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
In the event of any suspension or te rmination of the Construction Contract, Contractor is hereby deemed to have offered to assign to City all its interest in contracts with Subcontractors now or hereafter entered into by Contractor for performance of any part of the Work. The assignment wil l be effective upon acceptance by City in writing and only as to those contracts which City designates in writing. City may accept, at its sole election, said assignment at any time during the course of the Work and prior to Final Completion in the event of a suspension or termination of Contractor's rights under the Contract Documents. Such assignment is part of the consideration to City for entering into the Contract with Contractor and may not be withdrawn prior to Final Completion.
5.4 CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY
Contractor shall be responsible to City for acts and omissions of Contractor's agents, employees, and of Contractor’s Subcontractors, and their respective agents and employees. Unless otherwise stated in or a contrary intention is reasonably inferable from the Contract Documents, references to Contractor, when used in reference to an obligation bearing upon performance of the Work, shall be deemed to include Contractor’s Subcontractors.
ARTICLE 6 – CONSTRUCTION BY CITY OR BY SEPARATE CONTRACTORS
6.1 CITY'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
6.1.1 City reserves the right to award separate contracts for, or to perform with its own forces, construction or operations related to the Work or other construction or operations at or affecting the Site, including portions of the Work which have been deleted by modification. Contractor shall cooperate with City's forces and Separate Contractors.
6.1.2 City shall provide coordination of the activities of City forces and of each Separate Contractor with the Work of Contractor. Contractor shall participate with City and Separate Contractors in joint review of construction schedules and Project requirements when directed to do so. Contractor shall make necessary revisions to the Construction Schedule after such joint review.
6.1.3 Without limitation upon any of the rights or remedies of City under the Contract Documents or under law arising from a default by Contractor, in the event that Contractor fails to have personnel on Site to supervise the Work, City shall have the right, in its sole discretion, but not the responsibility, upon twenty-four (24) hours’ telephonic notice to Contractor, to provide such supervision on a temporary basis. Contractor shall, notwithstanding City’s providing such temporary supervision, remain solely responsible for all actions of its personnel and Subcontractors and shall defend and indemnify City in accordance with the Construction Contract against any Losses arising therefrom. City shall have the right, in its discretion, to deduct from the sums owing to Contractor the reasonable cost of such temporary supervision.
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6.2 MUTUAL RESPONSIBILITY
6.2.1 Contractor shall be responsible for affording Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities. Contractor shall schedule and coordinate its construction and operations with the construction and operations of Separate Contractors as required by the Contract Documents.
6.2.2 If a portion of the Work is dependent upon the proper execution or results of other construction or operations by Separate Contractors, Contractor shall inspect such other construction or operations before proceeding with its portion of the Work. Contractor shall promptly report to City apparent discrepancies or defects which render the other construction or operations unsuitable to receive the Contractor’s Work. Unless otherwise directed by City, Contractor shall not proceed with the portion of the Work affected until apparent discrepancies or defects have been corrected. Failure of Contractor to so report within a reasonable time after discovering such discrepancies or defects shall constitute an acknowledgment that the other construction or operations by City or Separate Contractors is suitable to receive the Work, except as to defects not then reasonably discoverable.
6.2.3 In the event of Delays, improperly timed activities or Defective Work by the Contractor or the Separate Contractors, the costs of such occurrences shall be borne by the party responsible therefor.
6.2.4 If Contractor wrongfully causes damage to completed or partially completed construction or to property of City or Separate Contractors, Contractor shall promptly remedy damage as provide d in Paragraph 12.2 of these General Conditions.
6.2.5 If a dispute, or other matters in question arise between Contractor and a Separate Contractor, these occurrences shall be subject to the provisions of Section 4.2 and 4.3 of the General Conditions. Contractor shall immediately notify the Construction Manager in writing of such occurrences.
6.3 CITY’S RIGHT TO CLEAN UP
If a dispute arises between Contractor and Separate Contractors as to the responsibil ity under their respective contracts for maintaining the Site and surrounding areas free from waste materials and rubbish, City may clean up and allocate the cost between those firms it deems, in its sole discretion, to be responsible.
ARTICLE 7 – CHANGES
7.1 CHANGES
7.1.1 City may, at any time and without notice to Contractor’s sureties, order Changes in the Work without invalidating the Construction Contract and without relieving Contractor’s sureties of their obligations to City.
7.1.2 City shall receive a deductive adjustment in the Contract Sum for Changes that result in a reduction in the cost to perform the Work and shall be entitled to an adjustment reducing the Contract Time for Changes that enable the Contractor to complete the Work earlier than the Contract Time.
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7.1.3 Unless such rights have been waived and provided that Contractor has complied with the requirements of the Contract Documents with respect to, without limitation, complete and timely submission of all notices, requests and supporting documentation, Contractor shall receive an additive adjustment to the Contract Sum for Changes that increase the cost to perform the Work and/or an adjustment extending the Contract Time for Excusable Delay (subject to offset for concurrent Unexcused Delay).
7.1.4 Contractor shall not be entitled to an adjustment of the Contract Sum or Contract Time for Changes that are not authorized by an Approved Change Order or Field Order signed by City or Construction Manager. All Changes in the Work that are the basis of an adjustment to the Contract Sum or Contract Time must be authorized in advance, in writing, by City or Construction Manager. Accordingly, no verbal directions, course of conduct between the parties or express or implied Acceptance of Changes or Work, and no claim that the Owner has been unjustly enriched (whether or not there has been such enrichment) shall be the basis for an adjustment to the Contract Sum or Contract Time if Contractor has not obtained advance written authorization to perform the Change in the manner required herein.
7.1.5 City or the Construction Manager may authorize and direct Changes by requesting that Contractor submit a Change Order Request or by issuing a Field Order. A Field Order may be issued to direct performance of Work under the following circumstances:
.1 When there is a dispute as to whether or not the Work described therein constitutes or includes a Change or Extra Work,
.2 When there is a dispute regarding the basis or amount of compensation for Changed or Extra Work,
.3 When there is a dispute regarding whether or how the Contract Time should be adjusted, or
.4 As otherwise deemed necessary by City to ensure the timely performance of the Work and timely completion of the Project.
The purpose of a Field Order is to ensure the timely performance of the Work and timely completion of the Project, and issuance of a Field Order shall not be construed as an acknowledgment by City that the Work described constitutes a Change or Extra Work if that is in fact not the case.
7.1.6 City can make whatever Changes that it determines in its sole discretion are necessary and in its best interests and under no circum stances shall the number (individual or cumulative value) or scope of Changes become a basis for Contractor to claim that the Construction Contract has been rescinded, terminated, abandoned or should be reformed nor shall such circumstances be the basis for Contractor, or any Subcontractor to recover any compensation or damages not permitted by, or in excess of that allowed under, the Contract Documents.
7.1.7 City shall have authority to order minor Changes in the Work that do not increase the cost or time to perform the Work, and which are consistent with the intent of the Contract Documents. Such changes may be directed by a Field Order, and shall be binding on City and Contractor. Contractor shall carry out such written orders promptly.
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7.2 CHANGE ORDER REQUESTS AND CHANGE ORDERS
7.2.1 Contractor may request adjustments to the Contract Sum or Contract Time or the terms of a Field Order by submitting a written Change Order Request if, and only if, Contractor follows the procedures specified in the Contract Documents, including, without limitation, the procedures set forth in this Section 7.2. A Change Order Request must be submitted within ten (10) Days after the occurrence of the circumstances giving rise thereto. At the City’s election, the Contractor shall submit all Change Order requests on a form prepared by the City. The Change Order Request must clearly describe the circumstances that are the basis of the Change, with reference, to the particular provisions of the Contract Documents involved, and also to all other directly relevant documents, including, but not limited to, related Requests for Information and responses thereto, and Field Orders. A Change Order Request seeking an adjustment to the Contract Sum must identify the proposed basis of compensation, the amount of the requested adjustment, and a detailed breakdown of the amount requested. A Change Order Request seeking an adjustment to the Contract Time must include all information required by the Contract Documents, including, but not limited to strict compliance with Section 8.5 of the General Conditions pertaining to requests for extension of Contract Time. A request for an extension of Contract Time must be accompanied by a "Fragnet" or “time impact analysis," which identifies all critical and non -critical activities affected by the Change Order Request and showing logic ties into all existing affected activities noted on the latest approved, updated Construction Schedule. Change Order Requests must be submitted to the Construction Manager. Incomplete Change Order Requests or requests that are not submitted on the City’s Change Order Request Form will be returned without review.
7.2.2 Adjustments to the Contract Sum, whether increases or decreases, shall be computed at City's sole election on the basis of one or more of the following methods:
.1 Unit Pricing: Unit prices stated in the Contract Documents or agreed upon by City and Contractor, which shall be deemed to include all Allowable Costs, Contractor Markup and Subcontractor Markup.
.2 Lump Sum Pricing: A lump sum agreed upon by City and Contractor, based on the estimated Allowable Costs, Contractor Markup, and Subcontractor Markup computed in accordance with this Section.
.3 Time and Materials: Work performed on a time and materials basis shall be calculated as the sum of Allowable Costs, plus applicable Contractor Markup, as set forth herein.
The above methods are the exclusive methods for calculating adjustments to the Contract Sum. Under no circumstances will adjustment to the Contract Sum be based upon any methodology such as total cost or modified total cost methodologies that purports to calculate Contractor’s additional costs based on the difference between Contractor’s total actual Project or line item costs and its original bid estimate for the Project or any original bid estimate line item.
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7.2.3 Changes involving Extra Work that City elects to have performed on a time and materi al basis, whether performed by Contractor's forces or the forces of Subcontractors, shall be compensated by an increase in the Contract Sum based on actual Allowable Costs and applicable Markup, as set forth herein.
When Work is performed on a time and mat erial basis, by Contractor or any of its Subcontractors, Contractor shall submit on a daily basis to the Construction Manager daily time and material tickets which include the identification number assigned to the Change; the location and description of the Change; the classification of labor employed (and names and social security numbers if requested); the materials used; the equipment rented (not tools); and such other receipts, invoices, or other evidence of cost as the Construction Manager may require. The Construction Manager may require authentication of all time and material tickets and invoices by persons designated by the Construction Manager for such purpose. The failure of Contractor to provide any required authentication shall, if City elects to treat it as such, constitute a waiver by Contractor of any right to adjustment of the Contract Sum for the cost of all or that portion of the Extra Work covered by a non -authenticated ticket or subsequent invoice. The adjustment to the Contract Sum for the Extra Work will be based on the total sum of Allowable Costs for performance of that Extra Work and applicable Markup as provided herein.
7.2.4 Allowable Costs include and are limited to the sum of direct, actual costs necessarily incurred by Contractor and any Subcontractors that actually perform Extra Work, and are strictly limited to the following:
.1 Labor. The actual costs for straight- time (and the premium time portion of overtime, if approved in writing in advance by City or the Construction Manager) wages or salaries for employees performing the Extra Work, whether at the Site, or at fabrication sites off the Site, plus employer payments collectively referred to as "Fringe Benefits and Payroll Taxes," of payroll, taxes and insurance, health and welfare pension, vacation, apprenticeship funds, and other direct costs required by Federal, State or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of employees with a labor classification, which would increase the Allowable Costs will not be permitted unless Contractor establishes the necessity for such additional costs.
Labor costs for equipment operators and helpers shall be payable under this Paragraph only when such costs are not included in the invoice for equipment rental.
.2 Material. The actual cost of materials, supplies and consumable items which are required for the Work at invoice or lowest current price at which such materials are locally available and delivered to the Site in the quantities involved, including sales tax, freight and delivery. City reserves the right to approve materials and sources of supply, or to supply materials to Contractor, if necessary, for the Work. No Markup shall be applied to any material provi ded by City. Material re-stocking charges shall be limited to 5% of the amount of material. All discounts, rebates and refunds from the sale of surplus materials and consumable items shall accrue to City, and Contractor shall make provision so that they may be obtained.
.3 Tool and Equipment Rental . Rental charges actually incurred for necessary machinery and equipment, whether owned or hired, as authorized in writing by City or the Construction Manager, exclusive of hand tools. No payment will be made for the use of tools that have a replacement value of $500 or less. When the equipment is owned by Contractor, the rental rate shall be as listed for such equipment in the California Department of Transportation publication entitled "Labor Surcharge and Eq uipment Rental Rates," which is in effect on the date the Work is accomplished. When equipment is not listed in said publication, the rate to be paid shall be as herein defined, or a suitable rental rate for such equipment will be established by the Const ruction Manager.
Regardless of ownership, the rates to be used in determining equipment rental cost shall not exceed listed rates prevailing locally at equipment rental agencies or distributors at
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the time the work is performed. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance and all incidentals. If equipment is used intermittently, when not in use it shall be returned to its rental source unless Contractor elects to keep it at the Site at no expense to City. The reported rental time for equipment already at the Site shall be the duration of its use on the Extra Work, commencing at the time it is first put into actual operation on the Extra Work, plus the time required to move it from its previous site and back, or to a closer site.
.4 Royalties and Permits . Costs of royalties and permits solely related to the Extra or Deleted Work.
.5 Insurance and Bonds. Additional costs of insurance and bonds, not to exceed two percent (2%) of the total of Parts .1 through .4, above.
7.2.5 Allowable Costs shall not include any of the following, which are deemed to be included in the Contractor Markup:
(i) Superintendent(s)
(ii) Assistant Superintendent (s)
(iii) Project Engineer(s), Assistant Project Engineer(s).
(iv) Project Manager(s), Assistant Project Manager(s).
(v) Scheduler(s), Administrative Assistant(s), Health and Safety personnel.
(vi) Estimator(s), Clerk(s), Secretary(s), Accountant(s) or any Home Office personnel.
(vii) Drafting or detailing.
(viii) Small tools (with a replacement value under $500).
(ix) Home or field office expenses, including staff, materials, and supplies.
(x) Trailer or storage rental and expense, whether on the Site or off the Site.
(xi) Data processing personnel and equipment.
(xii) Site fencing.
(xiii) Utilities, including, without limitation, gas, electric, sewer, water, telephones.
(xiv) Telephone, cell phone, radios, computer, tablet devices, facsimile, e-mail and copier.
(xv) Overhead, administrative, or general expenses of any kind.
(xvi) Loss of efficiency or productivity, or other impact cost due to the effect of the Extra Work on the performance of other Work or the Work of other trades on the Project.
(xvii) Capital expenses, including interest on capital employed in connection with Extra Work.
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(xviii) Legal costs.
(xix) Federal, State, or local income and franchise taxes.
(xx) Profit.
(xxi) Costs incurred more than twenty (20) Days prior to submission of a Change Order Request seeking compensation for those costs.
(xxii) Cost of any item not specifically and expressly included in Allowable Costs.
7.2.6 Contractor Markup for Extra Work is to be calculated as ten percent (10%) of the Allowable Costs the Contractor or Subcontractor actually incurred to perform the Extra Work with its own forces. Subcontractor Markup by Contractor for Extra Work performed by Subcontractor is to be calculated as fifteen percent (15%) of the total Allowable Costs the Subcontractor incurred for Extra Work. The total amount of markup for Extra Work may not exceed twenty-five percent (25%) of the total Allowable Costs.
7.2.7 Change Order Requests or requests for payment for time and material work directed by a Field Order must include a complete breakdown of actual costs, including credits, and shall itemize all Allowable Costs, subcontract costs if applicable, Contractor Markup, and Subcontractor Markup if applicable. All claimed costs must be fully documented and objectively verifiable. In connection with the foregoing, Contractor must generate and maintain complete and accurate cost accounting records that will reflect:
.1 The actual Allowable Costs incurred or saved for each individual item of Extra Work or Deleted Work, and
.2 On an event-by-event basis, the effect of each Delay that forms the basis of any request for extension of time, regardless of scope, number, complexity, cumulative effect or time of issuance or occurrence.
7.2.8 The Contract Sum will be adjusted for direct Allowable Costs incurred due to Excusable Delay only if and to the extent allowed by the Contract for Compensable Delay. Such adjustments in t he Contract Sum shall be Contractor’s sole and exclusive remedy and recovery for Excusable Delay, including any alleged disruption, hindrance, interference, loss of productivity, labor or material cost escalations, inefficiency, acceleration, impact costs, extended or extraordinary overhead (direct or indirect), home office overhead, or other Losses or damages due to Delay, of any kind.
7.2.9 City has the right to increase or decrease the quantity of any unit price item for which an estimated quantity is stated in the Contract Documents, and the Contract Sum will be adjusted accordingly.
7.2.10 Allowance Adjustments: An Allowance is an amount included in the Bid for Work that may or may not be included in the Project, depending on conditions that will not become known until after Bid time. If the Contract Sum includes an Allowance and the cost of performing the Work covered by that Allowance is greater or less than the stated amount, the Contract Sum shall be increased or decreased accordingly by the amount of the difference. The Contract Sum shall also be adjusted by the amount of any unused Allowance that was specifically and expressly included in the original Contract Sum.
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7.2.11 Change Orders: Approved Change Order Requests and Changes directed by a Field Order, including adjustments to Contract Sum and Contract Price, shall be incorporated into a Change Order for approval by the City. City shall prepare each Change Order for execution by Contractor and the City. Change Orders shall be in substantially the same form as Attachment B to the General Conditions. An Approved Change Order becomes binding upon City and Contractor when fully executed by both parties. Full execution of a Change Order is deemed full resolution, settlement, accord and satisfaction with respect to any and all pending or future Claims for cost and extensions of time that were asserted, or that could have been asserted, in connection with the Work covered by the Change Order, whether known or unknown at the time of execution of the Change Order, and that are related to the subject matter of the Change Order, including, without limitation, all Claims, costs or damages for Delay, disruption, hindrance, interference, extended or extraordinary direct and indirect overhead, multiplicity of Changes, loss of productivity, labor or material cost escalations, inefficiency, the impact of the Change on the Work, legal expenses, consultant costs, interest, lost profits or revenue, bond or insurance costs, currency fluctuations, chan ges in taxes or other related Claims, costs or damages. Change Orders shall be executed by Contractor in the form approved by the City Council or its authorized designee, and without any express reservation of rights by Contractor to reserve for the future the right to assert or recover from City any such Claims, costs or damages.
7.2.12 If Contractor fails to timely execute a Change Order, the City may unilaterally approve the Change Order to increase the Contract Sum and/or to extend the Contract Time. Contractor may dispute the terms of a unilaterally-approved Change Order, in whole or in part, by submitting a Claim in accordance with the Dispute Resolution Procedures set forth herein within fourteen (14) days after the Change Order is approved by the City. If Contractor fails to submit a Claim within that 14 -day period, with respect to all or part of the unilaterally-approved Change Order, those portions of the Change Order which have not been disputed by timely submission of a Claim shall be deemed to have the same effect as if the Change Order was fully executed by both parties as set forth above.
7.3 FIELD ORDERS
A Field Order will include a description of the Work to be performed, and the selected basis for adjusting the Contract Sum (increase or decrease) as set forth herein (i.e., unit pricing if applicable, lump sum, or time and materials). A Field Order may or may not include the total amount of the City’s proposed adjustment to the Contract Sum or Contract Time, and may also include a not-to-exceed limit for any increases to the Contract Sum. Upon receipt of a Field Order, Contractor shall, within a reasonable time, proceed with the Work described in the Field Order. If Contractor disputes the proposed basis or amount of adjustment to the Contract Sum or Contract Time, it may request to change the disputed portions of the Field Order by submitting a Change O rder Request within ten (10) Days following issuance of the disputed Field Order.
Failure by Contractor to submit a timely Change Order Request seeking modification of the terms of the Field Order shall be deemed full acceptance of and agreement to all of the terms of the Field Order, and a release and waiver of any right to subsequently dispute any or all of the terms of that Field Order. Field Orders shall be in substantially the same form as Attachment A to the General Conditions.
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7.4 DISPUTES REGARDING CHANGES
No dispute, disagreement, nor failure of the parties to reach agreement regarding the amount, if any, of any adjustment to the Contract Sum or Contract Time, shall relieve Contractor from the obligation to proceed with performance of the Work, including, without limitation, performance of Work directed by a Field Order or as modified by a Change Order, promptly and expeditiously. Contractor shall not delay, slow, interrupt, or suspend the perf ormance of any Work or any Change because of a dispute between the parties, including, but not limited to, disputes pertaining to an adjustment in the Contract Sum or Contract Time. If Contractor disputes the rejection of any Change Order Request in whole or in part, Contractor’s exclusive remedy is to submit a Claim in compliance with the Dispute Resolution Procedures set forth in Article 4 herein.
ARTICLE 8 – CONTRACT TIME
8.1 COMMENCEMENT OF THE WORK
Commencement of the Work shall begin on the date specified in the Notice to Proceed.
8.2 PROGRESS AND COMPLETION
8.2.1 Contractor agrees that the Contract Time is reasonable for performing the Work and that Contractor is able to perform the Work within the Contract Time.
.1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided however, that the difference shall be deemed as float and nothing in this Paragraph or in any other provision of the Contract Documents shall be construed as creating any contractual right, express or implied, on the part of Contractor to finish the Project earlier than the Contract Time and under no circumstances shall City be liable to Contractor for any costs, damages or compensation due to the inability of Contractor to complete the Work earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of City.
.2 Contractor has included in its Bid price the costs of all Contractor and Subcontractor overhead (direct and indirect) for the entire duration of the Contract Time. The above costs are included in Contractor’s Bid n otwithstanding Contractor's anticipation of completion in fewer days than established by the Contract Time.
.3 No increase in the Contract Sum shall be made or granted for Delay if Contractor completes the Work before expiration of the Contract Time.
.4 No reduction in the Contract Sum shall be made nor will Contractor be required to remain on the Project Site if the Work is completed before expiration of the Contract Time.
.5 The Construction Manager will schedule and hold weekly progress meetings and o ther meetings to be required by progress of the Work as determined by the Construction Manager. Contractor and/or Contractor's designee shall be present at each meeting.
Contractor may also be required to request attendance by representatives of Contractor’s suppliers, manufacturers and Subcontractors.
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8.2.2 Except by agreement or instruction of City in writing, Contractor shall not commence operations on the Site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by Contractor. Contractor’s obligations to commence the Work and to complete the Work within the Contract Time shall not be changed by the effective date of such insurance.
8.2.3 Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. If City determines and notifies Contractor that Contractor’s progress is such that Contractor will not complete the Work within the Contract Time, Contractor shall, immediately and at no additional cost to City, take all measures necessary, including working such overtime and additional shifts (other than City’s normal working hours of 8:00 AM to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 PM on Saturday), to ensure that the Work is Substanti ally Completed within the Contract Time. Upon receipt of such notice from City, Contractor shall immediately respond in writing setting forth a detailed plan for accelerating the Work in a manner acceptable to City. Contractor shall not be entitled to an y reimbursement or payment of costs, expenses or damages incurred as a result of an acceleration of the Work. City may also take all necessary measures to prevent the need for subsequent accelerations of the Work. Contractor shall reimburse City, or City may withhold from payment due to Contractor, sums expended by City to perform such measures.
8.2.4. During unfavorable weather, wet ground or other unsuitable construction conditions, Contractor shall confine the operations to Work that will not be affected adversely by such conditions. No portion of the Work shall be constructed under conditions which would affect adversely the quality thereof or be detrimental to the quality of water discharges, unless special means or precautions are taken by Contractor to perform the Work in a proper and satisfactory manner.
8.3 CONSTRUCTION HOURS
Work shall be performed during the hours of 8:00 AM to 6:00 PM Monday through Friday and 9:00 AM to 6:00 PM on Saturday, unless otherwise specified in the Special Provisions or approved in writing by the City Engineer. Construction is prohibited on Sundays and holidays defined in Section 8.4 below.
8.4 HOLIDAYS
No work may be performed on the City holidays identified:
January 1 (New Year’s Day)
Third Monday in January (Martin Luther King Day)
Third Monday in February (Washington’s Birthday)
Last Monday in May (Memorial Day)
July 4 (Independence Day)
First Monday in September (Labor Day)
Second Monday in October (Columbus Day)
November 11 (Veteran’s Day)
Fourth Thursday in November (Thanksgiving Day)
Day after Thanksgiving
December 25 (Christmas Day)
In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday. In the event that any of the above days falls on a Saturday, then the preceding Friday shall be considered a holiday.
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8.5 DELAY
8.5.1 Contractor may request an extension of the Contract Time for an Excusable Delay or a Compensable Delay, subject to the following:
.1 In order to avoid double counting concurrent Delays, if an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the Contract Time shall be the number of days from the commencement of the first Delay to the cessation of the Delay which ends last.
.2 If an Unexcused Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract Time shall be the n umber of Days, if any, by which the Excusable Delay or the Compensable Delay exceeds the Unexcused Delay.
.3 If an Unexcused Delay occurs concurrently with both an Excusable Delay and a Compensable Delay, the maximum extension of the Contract Time shall be the number of Days, if any, by which the number of Days of Excusable Delay, as determined pursuant these General Conditions, exceeds the number of Days of the Unexcused Delay.
8.5.2 As a condition precedent to Contractor's right to an extension of Time adjusting the Contract Time and the Contract Sum for Compensable Delay, Contractor must provide written notice to City within ten (10) Days of the date that Contractor learned of the Delay or should have learned of the Delay in exercise of diligence and reasonable care, setting forth:
(i) A description of the Delay;
(ii) A statement that the Delay is critical to completion; and
(iii) The probable effect of the Delay in terms of the number of Days' extension Contractor believes are required to the Contract Time.
The written notice required by this Paragraph is necessary for City to adequately monitor the progress of the Work, to differentiate between critical and non-critical Delays, and to prioritize its actions in a manner that is appropriately targeted to mitigate the effect of Delays. Accordingly, Contractor’s failure to provide written notice in the manner required by this Paragraph 8.5.2 shall constitute Contractor’s waiver of the right to an adjustment of the Contract Sum and Contrac t Time on account thereby, regardless of whether the circumstances of the Delay may have been known or suspected by City or the Construction Manager and that no other form of notice (including, without limitation, meeting minutes, log entries or schedule updates) shall suffice as constituting notice to City in accordance with this Paragraph 8.5.2.
8.5.3 Adequate supporting data for a request for extension of time shall include both of the following:
(i) All relevant scheduling data including a Fragnet, and (ii) A detailed, event -by-event description of the impact of each event on completion of Work. Documentary support for any related increase in the Contract Sum must include both of the following:
(a) A detailed cost breakdown, and
(b) Supporting cost data in such form and including such information and other supporting data as required for submission of Change Order Requests.
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8.5.4 City may order Changes, whether or not resulting in Extra Work and regardless of the extent and number of Changes, or may suspend the Work.
8.5.5 The determination of whether a Delay is an Excusable Delay, Compensable Delay or Unexcused Delay shall not be affected by the fact that any earlier Delay occurred, regardles s of fault or causation.
8.5.6 All time limits stated in the Contract Documents are of the essence.
8.5.7 Excusable Delay means any Delay to the path of activities that is critical to Substantial Completion of the Work within the Contract Time caused by conditions beyond the control or foreseeability, and without the fault or negligence of Contractor or its Subcontractors, such as, but not limited to: war, embargoes, fire, unavoidable casualties, unusual delays in transportation, national emergency, and stormy and inclement weather conditions that are unusual and unseasonable and in which the Work cannot continue. Without limitation to the foregoing, the financial inability of Contractor or any Subcontractor, shall not be deemed conditions beyond Contract or's control or foreseeability. Contractor may claim an Excusable Delay only if all Work on a critically scheduled activity is stopped for more than six (6) hours of a normal eight (8) hour work day, or if three to six hours are lost in one work day, then it may be claimed for one-half day.
8.5.7.1 Excusable Delay does not include Delay caused by weather conditions which are normal for the location of the Project, as determined by weather records for the preceding five (5) year period.
8.5.7.2 Excusable Delay does not include Delay caused by Contractor’s failure to order equipment and materials sufficiently in advance of the time needed for the Work.
8.5.7.3 Excusable Delay does not include Delay caused by Contractor’s failure to provide adequate notification to utility companies for connections or services necessary for the timely performance and completion of the Work.
8.5.7.4 Excusable Delay does not include Delay caused by foreseeable conditions Contractor could have ascertained from reasonably diligent inspection of the Site and/or review of the Contract Documents.
8.5.8 Compensable Delay means any Excusable Delay to the path of activities that is critical to Contractor’s Substantial Completion of the Work within the Contract Time, which Delay is all of the following:
(i) Solely due to acts or omissions within the City’s control, including but not limited to Changes requested by City that involve Extra Work;
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(ii) Not due, in whole or in part, to the fault or negligence or breach of Contractor or any Subcontractor; and
(iii) Not concurrent with another Excusable Delay or any Unexcused Delay.
8.5.9 Compensation for delay shall be limited to actual, direct, reasonable, and substantiated Project costs, and shall not include home office overhead, or markup for overhead and profit.
ARTICLE 9 – PAYMENTS AND COMPLETION
9.1 SCHEDULE OF VALUES
Within thirty (30) Days after signing the Contract, but in any event not later than fourteen (14) Days following receipt of the Notice to Proceed, Contractor shall submit to City through the Construction Manager a Schedule of Values reflecting cost breakdown of the Contract Sum in a form approved by the Construction Manager. The Schedule of Values shall itemize as separate line items the cost of each scheduled Work activity and all other costs, including warranties, Record Documents, insurance, bonds, overhead and profit, the total of which shall equal the Contract Sum and shall be made out in a form approved by the Construction Manager. The Schedule of Values, when approved by City, shall become the basis for determining the cost of Work requested on Contractor's Applications For Payment. Contractor shall submit a statement based upon this breakdown, and if required, itemized in such form and supported by such evidence as the Construction Manager may direct, showing Contractor's right to the payment claimed.
9.2 PROGRESS PAYMENT
9.2.1 City shall retain five percent (5%) of the undisputed amount due on each progress payment, or the percentage stated in the Notice Inviting Bids, whichever is greater, as retention to ensure full and complete performance of the Work. Subject to City’s right of withholding under Paragraph 9.4.2 of these General Conditions, City agrees to pay to Contractor within thirty (30) Days of receipt of a properly submitted Application for Paymen t an amount equal to ninety -five percent (95%), or a lesser amount if corresponding to a higher retention percentage, if applicable, of the sum of the following, excepting therefrom any amounts which are disputed by City:
(i) Construction Manager’s deter mination of the value, expressed as a percentage of the Contract Sum, of the Work in permanent place that has been tested and accepted as of the end of the preceding month.
(ii) Construction Manager’s determination of the value of materials suitably stored but not yet incorporated into the Work, subject to Paragraph 9.3.6 of these General Conditions.
(iii) Less amounts previously paid.
9.2.2 At any Time after fifty percent (50%) of the Work has been determined by Construction Manager to be completed, City may in its sole discretion, make any of the remaining progress payments in accordance with the calculation in Paragraph 9.2.1 of these General Conditions based on one hundred percent (100%) of City’s determination of the value of the Work in place and of stored materials not yet incorporated into the Work.
9.2.3 Progress payments shall not be construed as City's Acceptance of any or all of the Work and shall not be a waiver of any or all rights City has under the Contract Documents.
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9.3 APPLICATION FOR PAYMENT
9.3.1 At the end of each month, Contractor shall submit to City an itemized Application for Payment, requesting payment for Work as of the end of that month that is calculated in accord ance with the formula for payment set forth in Paragraph 9.2.1 of these General Conditions. The Application for Payment shall be prepared:
(i) Utilizing the format as designated by City or the Construction Manager.
(ii) Itemized in accordance with the Approved Schedule of Values.
(iii) Showing the results of a successful system test (for example a pressure test for gas project) of the system installed or completed in the pay period covering the Application for Payment.
(iv) Including such data substantiating Contractor's right to payment as City may reasonably require, such as invoices, payrolls, daily time and material records, and, if securities are deposited in lieu of retention pursuant to Section 9.5, a certification of the market value of all such securities as of a date not earlier than five (5) Days prior to the date of the Application for Payment.
(v) Showing itemized amounts for Change Orders, Modifications and retention.
9.3.2 Applications for Payment shall not include requests for payment on account of increases to the Contract Sum which have not been authorized by Change Orders or amounts Contractor does not intend to pay a Subcontractor because of a dispute or other reason.
9.3.3 If required by City, an Application for Payment shall be accompanied by all of the following:
(i) A summary showing payments that Contractor will make to Subcontractors covered by such application.
(ii) Conditional waivers and releases of claims and stop notices from Contractor and each Subcontractor and Sub-subcontractor, of every Tier, listed in the current Application for Payment covering sums requested in the current Application for Payment.
(iii) Unconditional waivers and releases of claims and stop notices, from Contractor and each Subcontractor and Sub- subcontractor, of every Tier, listed in the preceding Application for Payment covering sums disbursed pursuant to that preceding Application for Payment.
9.3.4 Contractor warrants that, upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payment has been received from City, shall be free and clear of all claims, stop notices, security interests and encumbrances in favor of Contractor or Subcontractors or other persons or firms entitled to make claims by reason of having provided labor, materials or equipment relating to the Work.
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9.3.6 At the sole discretion of City, the Construction Manager may approve for inclusion in Contractor’s Application for Payment the cost of materials to be incorporated in the Work but not yet incorporated in the Work and already delivered and suitably stored either at the Site or at some other appropriate location acceptable to City. In such case, Contractor shall furnish evidence satisfactory to City:
(i) Of the cost of such materials.
(ii) That such materials are under the exclusive control of Contractor, or if not, that title to the materials is in City’s name, free of any lien or encumbrance and that the materials are safely and suitably stored in a bonded warehouse with appropriate insurance coverage satisfactory to City to cover any Loss.
(iii) Photographs of such materials if requested by the City.
Any payment pursuant to this Paragraph shall not be construed as an inspection or acceptance of the materials nor shall it relieve Contractor of its continuing and sole responsibility for the care and protection of such materials nor shall it relieve Contractor from sole responsibility for any loss or damage to the materials from any cause whatsoever nor act as a waiver of the right of City to require strict fulfillment by Contractor with all terms of the Contract Documents.
9.3.7 City shall have the right, in its sole discretion, to make payments of monies owing to Contractor by means of direct payment to Subcontractors of any unpaid work performed by any Subcontractor or by joint payment to Contractor and to Subcontractors. The making of such payments shall not be construed as the assumption of any obligation on the part of City or as creating any contractual relationship between City and any Subcontractor and shall not relieve Contractor of any of its obligations under the Contract Documents.
9.3.8 If the Contract Sum includes an Allowance from the Bid and the cost o f performing the Work covered by that Allowance is greater or less than the amount of that Allowance, the Contract Sum shall be increased or decreased accordingly.
9.4 CERTIFICATE FOR PAYMENT
9.4.1 Approval of all or any part of an Application for Payment may be withheld, a Certificate For Payment may be withheld or all or part of a previous Certificate For Payment may be nullified and that amount withheld from a current Certificate For Payment in order to protect City against actual or threatened loss as a result of any of the following:
(i) Defective Work not remedied or failure to pass required system tests.
(ii) Third-party claims against Contractor or City arising from the acts or omissions of Contractor, or Subcontractors.
(iii) Stop notices.
(iv) Failure of Contractor to make timely payments due Subcontractors for material or labor.
(v) A reasonable doubt that the Work can be completed for the balance of the Contract Sum then unpaid.
(vi) Damage to City or Separate Contractor for which Contractor is responsible.
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(vii) Reasonable evidence that the Work will not be completed within the Contract Time.
(viii) Failure of Contractor to maintain and update As-Built or Record Documents.
(ix) Failure of Contractor to timely submit Construction Schedules, reports, Submittals or their updates as required by the Contract Documents.
(x) Performance of Work by Contractor without Approved Submittals.
(xi) Liquidated or actual damages assessed in accordance with the Construction Contract.
(xii) Any other failure of Contractor to perform an obligation under the Contract Documents.
9.4.2 Subject to the withholding provisions of Paragraph 9.4.2 and when any or all of the noted deficiencies or others have been removed, City shall pay Contractor the amount set forth in the Certificate for Payment in accordance with its normal disbursement procedures.
9.4.3 Neither City nor the Construction Manager shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by Law.
9.4.4 Neither a Certificate for Payment nor any payment (progress or final) shall be construed as a waiver of any rights arising from Defective Work.
9.4.5 City may, at any time, require that payment of any undisputed amount is contingent upon Contractor furnishing City with a release of all claims against City which are related to those undisputed payments. Any disputed amount may be expressly excluded from such release.
9.4.6 The City may require a tri- party agreement among the City, the Contractor, and the Contractor's surety as a condition to making full progress payments if the Work is behind schedule, in order to avoid exoneration of the surety bond or impairment of the surety's security.
9.5 DEPOSIT OF SECURITIES IN LIEU OF RETENTION AND DEPOSIT OF RETENTION INTO ESCROW
9.5.1 At the request and expense of Contractor, a substitution of securities may be made as found in Government Code Section 16430 and as authorized by the Public Contract Code Section 22300 in lieu of monies retained by City under Section 9.2 of these General Conditions to ensure performance under the Contract Documents. Securities equivalent in value to the retention amount required by the Contract Documents for each Certificate For Payment shall be deposited by Contractor with a state or federally chartered bank in the State of California ("Escrow Agent"), which shall hold such securities pursuant to the escrow agreement referred to in Paragraph 9.5.3 until Final Payment is due in accordance with Section 9.8.
Securities shall be valued as often as conditions of the securities market warrant, but in no case less than once per month. Contractor shall deposit additional securities so that the current market value of the total of all deposited securities shall be at least equal to the total required amount of retention.
9.5.2 Alternatively to Paragraph 9.5.1 of these General Conditions, and at the request and expense of Contractor, City shall deposit retention directly with the Escrow Agent. Contractor may direct the investment of such deposited retention into interest bearing accounts or securities, and such deposits or securities shall be held by the Escrow Agent upon the same terms provided for securities deposited by Contractor.
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9.5.3 A prerequisite to the substitution of securities in lieu of retenti on or the deposit of retention into escrow shall be the execution by Contractor, City, and the Escrow Agent of an Escrow Contract for Deposit of Securities in Lieu of Retention and Deposit of Retention forms provided by City. The terms of such escrow agreement are incorporated into the requirements of this Section 9.5.
9.5.4 Release of funds or securities from escrow to Contractor shall be made upon receipt by Escrow Agent of written notification by City that the Contractor has complied with all requirem ents and procedures applicable to the Contract.
9.5.5 City has the right to draw upon the securities in the event of default by Contractor, as determined by City pursuant to the provisions of these Contract Documents. Within seven (7) days following receipt of the City’s written notice of such default, Escrow Agent must immediately convert the securities to cash and distribute the cash as instructed by City.
9.6 BENEFICIAL OCCUPANCY
9.6.1 City reserves the right, at its option and convenience, to occupy or otherwise make use of all or any part of the Work, at any time prior to issuing the Certificate of Substantial Completion, upon seven (7) Days’ notice to Contractor. Such occupancy or use is herein referred to as "Beneficial Occupancy." Beneficial Occupancy shall be subject to the following conditions:
.1 City, Design Consultant and Construction Manager will make an inspection of the portion of the Work to be beneficially occupied and prepare a list of items to be completed or corrected prior to issuing the Certificate of Substantial Completion.
.2 Beneficial Occupancy by City shall not be construed by Contractor as Acceptance by City of that portion of the Work which is to be occupied. City may, however, at its sole option, relieve Contractor of Contract requirements to protect Work being beneficially occupied by City where such relief is specifically designated by City in writing.
.3 Beneficial Occupancy by City shall not constitut e a waiver of City’s right to assess liquidated damages as otherwise provided in these Contract Documents.
.4 Contractor shall provide, in the areas beneficially occupied and on a continual basis (if required), utility services, heating, and cooling for systems which are in operable condition at the time of Beneficial Occupancy. All responsibility for the operation and maintenance of equipment shall remain with Contractor while the equipment is so operated. Contractor shall submit to City an itemize d list of each piece of equipment so operated with the date operation commences.
.5 The Guarantee to Repair Periods, as defined in Section 12.2 of these General Conditions, will commence upon the first dates of actual occupancy or use of portions of the Work to which the City has taken Beneficial Occupancy and to equipment or systems fully utilized.
.6 City shall pay all normal operating and maintenance costs resulting from its use of equipment in areas beneficially occupied.
.7 City shall pay all utility costs which arise out of the Beneficial Occupancy.
.8 Contractor shall not be responsible for providing security in areas beneficially occupied.
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.9 City shall use its best efforts to prevent its Beneficial Occupancy from interfering with the conduct of Contractor's remaining Work.
.10 Contractor shall not be required to repair damage caused by City in its Beneficial Occupancy.
.11 Except as provided in this Section 9.6 of these General Conditions, there shall be no added cost to City due to Beneficial Occupancy.
.12 Contractor shall continue to maintain all insurance required by the Contract in full force and effect.
9.7 SUBSTANTIAL COMPLETION
9.7.1 When Contractor gives notice to City that the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contracto r to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion.
9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when sign ed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Comp letion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by City.
9.8 FINAL COMPLETION AND FINAL PAYMENT
9.8.1 Upon receipt of notice from Contractor that the Work is ready for final inspection, City will make such inspection. City will file a notice of completion with the County Clerk within fifteen (15) Days after Acceptance by City. Thirty-five (35) Days after filing the notice of completion, the City may release the final retention provided the requirements in this paragraph are met.
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9.8.2 Without limitation to any other provisions of the Contract Documents, before Final Payment (including release of undisputed retention) for Work under this Construction Contract is authorized, the Contractor shall have completed the Work in accordance with the Contract Documents and all applicable standards of care and the following requirements of the Contract Documents must be fulfilled by Contractor:
(i) The submittal of an application for Final Payment, together with supporting documentation, as required by Section 9.3 of these General Conditions. By submitting an application for final payment, Contractor warrants that all workers and persons employed, all firms supplying the materials, and all Subcontractors have been paid in full with the exception of any Subcontractor retention payments that are not yet due pursuant to Public Contract Code section 7107(d) or (e), and that there are no bills outstanding against the Work for either labor or materials, except certain items, documented as disputed claims or pending stop payment notices.
(ii) Completion and delivery by Contractor to City of all required written guarantees, warranties, operation and maintenance manuals, As -Built Documents and other Record Documents, drawings, schedules, certificates and such other documents as required by the Contract Documents. All approvals and acceptances shall have been made pursuant to Applicable Code Requirements.
(iii) Completion of all construction Work, including corrective and punch list items, in a manner acceptable to City. All rubbish, tools, scaffolding and sur plus materials and equipment have been removed from the Site.
(iv) Submission of conditional releases of claims and stop notices from Contractor and its Subcontractors with no reservation of rights for disputed claims or amounts.
(v) If a Stop Notice(s) is received by the City after the Notice of Completion has been filed and prior to Final Payment, the City may, at its election, withhold the amount specified in the Stop Notice plus reasonable cost of any litigation pursuant to Civil Code Section 9358 from the Final Payment or permit the Contractor to supply a stop notice release bond in the amount of 125% of the stop notice amount from a Surety acceptable to the City.
9.8.3 For purposes of determining the last day for submission of a Claim pursuant t o Article 4, the date of Final Payment is deemed to be the date that the City acts to release undisputed retention as part of Final Payment, either by transmitting a written request to the retention Escrow Agent or by transmitting a payment directly to Con tractor, whichever occurs first. Acceptance of Final Payment by Contractor shall constitute a complete waiver of all Claims, except those previously made in writing and identified by Contractor as unsettled at the time of the Application for Final Payment.
9.8.4 Contractor shall pay or cause to be paid to Subcontractors, the amount stated in the conditional releases within five (5) Days after receipt of the Final Payment, and shall promptly thereafter furnish evidence of such payment to City.
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ARTICLE 10 – PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAMS
10.1.1 Contractor shall be solely and completely responsible for init iating, maintaining and supervising all safety precautions and programs on the Site in connection with the performance of the Construction Contract, including safety of all persons for the duration of the Work, on a 24-hour day, 7-day week basis.
10.1.2 Prior to the start of construction, Contractor shall submit to Construction Manager a copy of Contractor's safety program for the Project. A copy of this program shall be maintained on Site at all times. The safety program shall include, at a minimum:
(i) Management policy, illness and injury prevention program (as described below).
(ii) Safety meetings.
(iii) Accident investigation.
(iv) Basic accident causes.
(v) Safety inspection check list.
(vi) Fire prevention and control.
(vii) Report forms.
(viii) Employee safety manual.
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 The Contractor shall be solely and completely responsible for job site conditions and safety during the life of the contract. This obligation shall include the safety of all persons within or affected by the line of construction and all private property affected by the work
10.2.2 At its sole expense, Contractor shall furnish, erect and maintain such t emporary fences, barricades, signs, lights, ramps, and temporary construction of whatever nature as may be necessary to provide access to abutting properties and to warn the public of the work in progress and of any dangerous conditions as may exist due to the work in progress. The Contractor's responsibility shall be continuous and not be limited to working hours or days, and shall not cease until formal acceptance of the work by the City except that if the City should make partial acceptance of the work, the Contractor's responsibility for the portion of the work so accepted shall thereupon cease, except for latent errors in the work or faulty construction.
10.2.3 The duty of the Construction Manager, its agents, or employees, to conduct construction review of the Contractor's performance and operations is not intended to, and does not include review of or responsibility for the adequacy of the Contractor's safety measures and procedures in, on, or adjacent to the site of the Work.
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10.2.4 Contractor shall protect persons and property on the Site at all times. Contractor shall have available at the Site copies or suitable extracts of "Construction Safety Orders" and "General Industrial Safety Orders" issued by the California Division of Industrial Safety. Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations.
10.2.5 Contractor shall immediately respond to notice from City of unsafe conditions, shall take adequate precautions for safety of pers ons on the Site, and shall provide adequate protection to prevent injury or Loss to the following:
(i) Employees involved in the Work and other persons who may be affected thereby.
(ii) The Work in place and materials and equipment to be incorporated therein, whether in storage on or off the Site, under care, custody, or control of Contractor or Subcontractors.
(iii) Other property at the Site and adjoining property(ies).
10.2.6 Contractor shall promptly remedy damage and Loss (other than damage or Loss insured under property insurance required by the Contract Documents) to property caused in whole or in part by Contractor or its Subcontractors or anyone for whose acts they may be liable and for which Contractor is responsible.
1 0.2.7 Contractor shall erect and maintain, as required by existing conditions and performance of the Work, adequate safeguards for safety and protection of persons and property, including providing adequate lighting and ventilation, posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities.
10.2.8 When use or storage of hazardous materials, equipment, or unusual methods are necessary for execution of the Work, Contractor shall exercise the utmost care and carry on such activities only under the supervision of properly qualified personnel.
10.2.9 Contractor shall be required to provide at the Site a member of Contractor's organization, typically the Superintendent, whose responsibility it shall be to provide instruction to persons present on the Site about prevention of accidents and overall jobsite safety. Contractor shall notify City in writing if Contractor replaces the person responsible for safety.
10.2.10 Contractor shall be responsible for locating, providing, and coordinating the storage and staging of materials and equipment on -Site and off-Site and shall not load/store or permit any part of the Work on the Site to be loaded/stored so as to endanger the safety of persons or property.
10.2.11 Contractor shall protect its materials and the Work from damage in a manner satisfactory to City and shall make good, without charge to City, all damage due to negligence in providing proper protection.
10.2.12 Contractor shall take necessary precautions to guard against and eliminate possible fire hazards and to prevent damage to the Work, building materials, equipment, temporary field offices, storage sheds and public and private property.
10.2.13 Contractor shall not permit the possession or use of alcohol or controlled substances on the Site.
10.2.14 Explosives may be used only when authorized in writing by City. Explosives shall be handled, used and stored in accordance with applicable regulations.
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10.3 EMERGENCIES
In an emergency affecting the safety of persons or property, Contractor shall immediately act to prevent or minimize damage, injury or loss. Contractor shall immediately notify the Construction Manager and City, which notice may be oral, followed within twenty-four (24) hours after occurrence of the incident by written confirmation, of the occurrence of such an emergency and Contractor's action.
10.4 TRENCH SAFETY
In accordance with the California Labor Code, where the work will involve trenches five feet or more in depth and the estimated or bid cost of excavation is in excess of $25,000, the Contractor shall submit to and receive from the City of Palo Alto, or its designee, the acceptance of a detailed plan showing design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazards of caving ground. Such plan shall be submitted at least five (5) days before the Contractor intends to begin work on the trenches.
If such plan varies from the shoring system standards established by the Construction Safety Orders of the State of California Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer.
The Contractor shall not use shoring, sloping, or protective systems less effective than that required by the Construction Safety Orders of the Division of Industrial Safety.
The City shall not be responsible or liable for the safety of such trenching or trenching plans.
Whenever the work called for on these plans or contract documents involves the construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or excavations, which are five feet or deeper, bidder shall include as a bid item, the cost of design and construction of adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which shall conform to applicable safety orders.
ARTICLE 11 – INSURANCE AND BONDS
11.1 CONTRACTOR'S INSURANCE
11.1.1 Contractors to the City, at their sole expense, shall for the term of the Contract obtain and maintain i nsurance in the amounts for the coverage specified below, or as modified by the Special Provisions (if applicable), afforded by companies with AM Best’s Key Rating of A -:VII, or higher, licensed or authorized to transact insurance business in the State of California.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD
FORM PROPERTY DAMAGE
BLANKET CONTRACTUAL, AND
FIRE LEGAL LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
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YES AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE
(WHEN APPLICABLE), AND
NEGLIGENT PERFORMANCE
ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND
EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY
RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONTRACTORS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S
LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569
III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS:
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE
AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE
POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST
ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONTRACTOR SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON- PAYMENT OF PREMIUM, THE CONTRACTOR SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL:
HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569
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OR
HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP
11.1.2 Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract within ten (10) business days following issuance of the Notice of Award. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage on its behalf.
11.1.3 Subcontractors: Contractor shall include all Subcontractors and as insureds under its policies, or shall furnish separate certificates and endorsements for each Subcontractor in compliance with this Article. All coverages for Subcontractors shall be subject to all of the requirements stated herein.
11.1.4 At the request of City, Contractor shall submit to City copies of the policies obtained by Contractor. In the event Contractor does not comply with these insurance requirements, City may, at its option, provide insurance coverage to protect City; and the cost of such insurance shall be paid by Contractor and may be deducted from the Contract Sum.
11.1.5 The requirements of this Section may only be modified in writing by the City’s Risk Manager.
11.2 BOND REQUIREMENTS
11.2.1 Within ten (10) Days after the issuance of the Notice of Award and prior to commencing Work on the Project, Contractor shall file with City good and sufficient Labor and Material Payment and Performance Bonds each in the amount of 100% of the Contract Sum. The bonds shall be in substantially the same form as contained in this IFB Packet or such other form as required by City and shall be signed by both Contractor and Surety and properly notarized. Should any bond required hereunder or any surety on such bond become or be determined by City to be insufficient, it shall be replaced within ten (10) Days by a bond that fully complies with the requirements of this Section 11.2. No further payments to Contractor for Work performed shall be made or due until Contractor has fully complied with the requirements of this Section 11.2.
11.2.2 The Payment Bond shall remain in effect at least until the time for filing a claim on a stop notice has expired pursuant to the California Civil Code. The Performance Bond provided by Contractor shall remain in effect for the duration of the period of all warranties required by the Contract Documents and shall assure faithful performance of all Contractor’s obligations under the Contract Documents, including, without limitation, all obligations that survive Final Completion or termination or expiration, such as, but not limited to Contractor’s warranty and indemnity obligations.
11.2.3 Contractor shall promptly furnish such additional security as may be required by City to protect its interests and those interests of persons or firms supplying labor or materials to the Work.
11.2.4 Surety companies used by Contractor shall be, on the date the Contract is signed by City and at all times while the bonds are in effect, either California Admitted Sureties or listed in the latest published United States Treasury Department list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies and either have a current A.M. Best A VIII rating or be an admitted su rety that meets the requirements of Code of Civil Procedure Section 995.660.
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11.2.5 The premiums for all Bonds are included in the Contract Sum and shall be paid by Contractor.
11.2.6 The bonds shall name City as obligee.
11.2.7 Change Orders, Field Orders, Modifications, Changes in the Work and adjustments in the scope of Work Contract Sum or Contract Time shall in no way release or exonerate Contractor or its sureties from their obligations and notice thereof shall be waived by such sureties.
11.2.8 City and the Construction Manager shall have the right to communicate with Contractor’s sureties with respect to matters that are related to Contractor’s performance of its obligations under the Contract Documents. Contractor shall be pr ovided with a copy of all such written communications. Such communications shall not create or be interpreted as creating any contractual relationship between City or the Construction Manager and any such surety.
11.2.9 In the event of a significant (15% or more) increase in Contract Sum, replacement bonds totaling the new Contract Sum may be required by City.
ARTICLE 12 – DEFECTIVE WORK
12.1 UNCOVERING OF WORK
12.1.1 If a portion of the Work is covered contrary to Construction Manager’s request or direction, or contrary to the requirements of the Contract Documents, it must, if required in writing by City, be uncovered for City's observation and be replaced at C ontractor's expense without adjustment of the Contract Time or the Contract Sum.
12.1.2 If a portion of the Work has been covered, which is not required by the Contract Documents to be observed or inspected prior to its being covered and which City has not specifically requested to observe prior to its being covered, City may request to see such Work and it shall be uncovered and replaced by Contractor. If such Work is in accordance with the Contract Documents, the costs of uncovering and replacing the Work shall be added to the Contract Sum by Change Order; and if the uncovering and replacing of the Work extends the Contract Time, an appropriate adjustment of the Contract Time shall be made by Change Order. If such Work is not in accordance with the Co ntract Documents, Contractor shall pay such costs and shall not be entitled to an adjustment of the Contract Time or the Contract Sum.
12.2 CORRECTION OF DEFECTIVE WORK AND GUARANTEE TO REPAIR PERIOD
12.2.1 In addition to any specific warranty mentioned in these Contract Documents, the Contractor shall guarantee that all material, apparatus, equipment, and workmanship used, installed, or incorporated in the work is free from defects, and agrees to replace at no expense to the City any and all defective Work or materials which become evident within one (1) year (“Guarantee To Repair Period”), unless a longer period of time is specified in the Special Provisions and Technical Specifications, commencing as follows:
(i) For any Work not described as incomplete in the Certificate of Substantial Completion, on the date of Substantial Completion.
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(ii) For space beneficially occupied or for separate systems fully utilized prior to Substantial Completion pursuant to Section 9.6, from the first date of such Beneficial Occupancy or actual use, as established an appropriate written authorization for Beneficial Occupancy.
(iii) For all Work other than (I) or (ii) above, from the date of filing of notice of completion pursuant to Section 9.8 above.
12.2.2 Contractor shall (i) correct Defective Work that becomes apparent during the progress of the Work or during the Guarantee To Repair Period and (ii) replace, repair, or resto re to City's satisfaction any other parts of the Work and any other real or personal property which is damaged or destroyed as a result of Defective Work or the correction of Defective Work, without any expense whatsoever to City. City will give notice of observed Defective Work with reasonable promptness, and Contractor shall promptly commence such correction, replacement, repair or restoration upon notice from City, but in no case later than seven (7) Days after receipt of such notice. Contractor shall diligently and continuously prosecute such correction to completion. Contractor shall bear all costs of such correction, replacement, repair, or restoration and all Losses resulting from such Defective Work, including additional testing, inspection and compensation for City's or City's services and expenses. Contractor shall perform corrective Work at such times that are acceptable to City and in such a manner as to avoid, to the extent practicable, disruption to City's activities. Ordinary wear and tear, unusual abuse or neglect are excepted from this guarantee.
Contractor shall notify City upon completion of repairs.
12.2.3 If immediate correction of Defective Work is required for life safety or the protection of property or, if in the opinion of City, Defective Work creates a dangerous condition or requires immediate corrections or attention to prevent further Loss to City or to prevent interruption of operations of City, City will attempt to give immediate notice to Contractor. If Contractor cannot be contacted or does not comply with City's request for correction within a reasonable time as determined by City, City or Separate Contractors under City's direction, may, notwithstanding the provisions of this Article, proceed to make such corrections or provide such attention; and the costs of such correction or attention shall be charged against Contractor. Such action by City will not relieve Contractor of the guarantees provided in this Article or elsewhere in the Construction Contract. Contractor shall replace, repair or restore to City's satisfaction any other parts of the Work and any other real or personal property, which is damaged or destroyed as a result of such Defective Work or the correction of such Defective Work.
12.2.4 Contractor shall promptly remove from the Site those portions of the Work and materials which are not in accordance with the Contract Documents and which are neither corrected by Contractor nor accepted by City.
12.2.5 If Contractor fails to commence correction of Defective Work within seven (7) Days as required in Section 12.2.3 after notice from City or fails to diligently prosecute such correction to completion, City may correct the Defective Work in accordance with Section 2.4; and, in addition, City may remove the Defective Work and store salvageable materials and equipment at Contractor's expense.
12.2.6 If Contractor fails to pay the costs of such removal and storage as required by Paragraphs
12.2.4 and 12.2.5 within seven (7) Days after written demand, City may, without prejudice to other remedies, sell such materials at auction or at private sale or otherwise dispose of such material. Contractor shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which Contractor is liable to City, including compensation for City's services and expenses. If such proceeds of sale do not cover costs and damages for which Contractor is liable to City, the Contract Sum shall be reduced by such deficiency. If there are no remaining payments due Contractor or the remaining payments are insufficient to cover such deficiency, Contractor shall promptly pay the difference to City.
12.2.7 Contractor's obligations under this Article are in addition to and not in limitation of its warranty under Section 3.5 or any other obligation of Contractor under the Contract Documents.
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Enforcement of Contractor's express warranties and guarantees to repair contained in the Contract Documents shall be in addition to and not in limitation of any other rights or remedies City may have under the Contract Documents or at law or in equity for Defective Work. Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations of Contractor under the Contract Documents, which may be longer specified periods. Establishment of the Guarantee To Repair Period relates only to the specific obligation of Contractor to correct the Work and in no way limits either Contractor's liability for Defective Work or the time within which proceedings may be commenced to enforce Contractor's obligations under the Contract Documents.
12.3 ACCEPTANCE OF DEFECTIVE WORK
Notwithstanding the provisions of Section 12.2 of these General Conditions, City shall have the option, at its sole discretion and by notice to Contractor, to accept Defective Work instead of requiring its removal or correction, in which case the Contract Sum shall be reduced by an amount equal to the difference between the value to City the Work would have had were it complete, correct and in conformity with the Contract Documents and the value to City of such Defective Work. Such option shall be exercised solely by notice to Contractor and shall not be implied from any act or omission by City or Construction Manager. If there are no remaining payments of the Contract Sum to be made to Contractor, or if the remaining payments and retention are insufficient to cover the amount of the reduction of the Contract Sum, Contractor shall promptly pay to City the amount of any such deficiency.
ARTICLE 13 – STATUTORY REQUIREMENT
13.1 STATE LABOR LAW
Contractor, its agents, and employees shall be bound by and comply with all applicable provisions of the Labor Code and such federal, state and local laws which affect the conduct of the Work. If prevailing wages are required for this Project, copies of the prevailing rate of per diem wages may be obtained at the Department of Industrial Relations’ website: http://www.dir.ca.gov/
13.2 WORK DAY
Eight (8) hours labor constitutes a legal day’s work. Contractor shall not permit any worker to labor more than eight (8) hours during any one (1) Day or more than forty (40) hours during any one (1) calendar week, unless overtime is paid pursuant to Labor Code Section 18 15 or except as otherwise permitted by law.
Contractor shall forfeit to City, as a penalty, twenty -five dollars ($25.00) for each worker employed in the execution of this Construction Contract by Contractor, or any Subcontractor, for each Day during which such worker is required or permitted to Work more than eight (8) hours in any one (1) Day and forty (40) hours in any one (1) calendar week in violation of the terms of this Paragraph or in violation of the provisions of any law of the State of California, including but not limited to Labor Code Sections 1810 through 1815.
Such forfeiture amounts may be deducted from the Contract Sum. Contractor and each Subcontractor shall keep, or cause to be kept, an accurate record showing the actual hours worked each Day and each calendar week by each worker employed on the Project, which record shall be kept open at all reasonable hours to the inspection of City, its officers and agents, and to the inspection of the appropriate enforcement agency or representative and the State of California.
ARTICLE 14- JOB SITE NOTICES AND COMPLIANCE MONITORING
14.1 LABOR PROVISIONS
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As required by California Labor Code section 1771.4(a)(1) and (a)(2), the City provides notice to all contractors and subcontractors that the Project that is the subject of this IFB and the Construction Contract, is a public works project, the contractor is required to post all job site notices prescribed by law or regulation, and the contractor is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR).
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FIELD ORDER
CITY OF PALO ALTO
DEPARTMENT OF UTILITIES
_____________________________ Project
This Field Order, issued pursuant to Article 7 of the Contract General Conditions directs and authorizes Contractor to proceed with the Work described below. Upon receipt of this Field Order, Contractor shall, within a reasonable time, proceed with th e Work described in the Field Order. Unless otherwise stated below, this Field Order shall not be construed as an acknowledgment by City that the Work described constitutes a Change or Extra Work. If Contractor disputes the proposed basis or amount of adjustment to the Contract Sum or Contract Time, it may request to change the disputed portions of this Field Order by submitting a Change Order Request within ten (10) Days following issuance of this Field Order. Failure by Contractor to submit a timely Change Order Request seeking modification of the terms of this Field Order shall be deemed full acceptance of and agreement to all of the terms herein, and a release and waiver of any right to subsequently dispute any or all of the terms of this Field Order.
Project Number: Field Order Number: XXX
Contract Number: Issuance Date: __/__/____
Contractor's Name: Prepared by:
Description of Work:
Title: __________ Ref:
1. City has determined that the above Work:
___ is Extra Work
___ is not Extra Work
City has determined that Contractor is:
__not entitled to an extension of time
__ entitled to an extension of ___ days
Basis of Extra Work Cost:
Unit Cost*
Lump Sum: $_______________
Time and Materials*
Other*
*The Contract Sum will be [increased][decreased] by an amount not to exceed: $____________________________
1. Consultant shall sign prior to Contractor and return to City. Indicate N/A if not applicable.
Consultant Approval:
Title: Senior Project Manager
Date:
2. Contractor shall sign and return to City for City approval signatures.
Contractor Approval:
Title: Project Manager
3. Signature required on all Field Orders.
City Approval:________________________
Title: Project Manager
Date: ________________________________ Date:________________________________
4. Division Head signature required for Field Orders exceeding $15,000.
City Approval:
Title:______
5. Department Head signature required for Field Orders exceeding $25,000.
City Approval
Title:__________________________________________________ Date:________________________________ Date:_______________________________ Distribution: [] Contractor [] Division Head [] File
[] Consultant [] Project Manager
[] Inspector
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Invitation for Bids (IFB) Package 94 Rev. September 29, 2021 PART 6 – FIELD ORDER, CHANGE ORDER REQUEST, CHANGE ORDER
CHANGE ORDER REQUEST
CITY OF PALO ALTO
DEPARTMENT OF UTILITIES
Contract Change Order Request
Project Title: Project No.:
Contract Number: Date:
Contractor: Change Order Request No.:
Description of Change Order Request (Attach additional sheets as needed) Reason for Change Order Request:
Description of Work to be Performed:
Requested Change to Contract Sum:
No cost change: N/A
Increase cost by $ __________
Decrease cost by $ __________
Request for Extension of Contract Time (check
one):
No Change to Contract Time
Time Extension Requested for ____ days*
o ___ days Excusable Delay
o ___ days Compensable Delay
Decrease time by ____ days
* Include all information and documentation required by Section
8.5 of the Contract General Conditions.
Basis for requested change in cost:
Unit pricing
Lump sum: $_____________________________
Time and Materials not to exceed: * $_________
Compensable Delay Costs: $________________
Other:__________________________________
* Final value shall not exceed amount shown without additional written CO authorization. Complete Time and Materials Breakdown on following page.
Reference Documents:*
RFI:
ASI:
Field Order:
Specifications:
Plans:
Other: (specify):
* Provide specific number/section/sheet references as
applicable
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Invitation for Bids (IFB) Package 95 Rev. September 29, 2021 PART 6 – FIELD ORDER, CHANGE ORDER REQUEST, CHANGE ORDER Contract Change Order Request – continued
Line
Time and Materials Breakdown
(Reference General Conditions, e.g. Sections 1 and 7.2, for Allowable Costs and markup)
Added Credit
All lines shall be filled in (zero values acceptable)
CONTRACTOR’S WORK
1. Material (attach itemized quantity and unit cost)
2. Labor (attached itemized hours and rates)
3. Equipment (attach invoices)
4. Royalties and Permits
5. Additional insurance and bond costs, not to exceed two percent (2%) of lines 1-4
6. Subtotal (sum of lines 1 through 5)
7. Contractor Markup (Section 1.1.31 of the General Conditions) by Contractor on Extra Work performed by Contactor’s forces, not to exceed ten percent (10%) of line 6
8. Subtotal for Contractor’s Work (sum of lines 6 and 7) SUBCONTRACTED WORK (Provide separate breakdown for each subcontract) 1
9. Material (attach itemized quantity and unit cost)
10. Labor (attach itemized hours and rates)
11. Equipment (attach invoices)
12. Royalties and Permits
13. Additional insurance and bond costs, not to exceed two percent (2%) of lines 9-12
14. Subtotal (sum of lines 9 through 13)
15. Contractor Markup (Section 1.1.31 of the General Conditions) by Subcontractor on Extra Work performed by Subcontractor’s forces, not to exceed ten percent (10%) of line 14
16. Subcontractor Markup (Section 1.1.65 of General Conditions) by Contractor on Subcontractor’s Allowable Costs, not to exceed fifteen percent (15%) of line 14
17. Subtotal for Subcontracted Work (sum of lines 14, 15 and 16)
18. TOTAL (sum of lines 8 and 17)
1 Attach additional copies of this page as required to summarize additional subcontracts.
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Invitation for Bids (IFB) Package 96 Rev. September 29, 2021 PART 6 – FIELD ORDER, CHANGE ORDER REQUEST, CHANGE ORDER Contract Change Order Request – continued
CONTRACTOR CERTIFICATION: By signing below, the undersigned Contractor certifies under penalty of perjury that its statements and representations in this Change Order Request are true and correct.
Contractor warrants that this Change Order Request is comprehensive and complete with respect to the Change in the Work described herein, and agrees that any costs, expenses, or time extension request, including, but not limited to, compensation for delay, lost productivity, inefficiency, or disruption, which is not included with this Change Order Request, shall be deemed waived. Contractor understands that submission of claims which have no basis in fact or which Contractor knows to be false may violate the False Claims Act, as set forth in Government Code Sections 12650 et seq.
Submitted by Contractor:
Signature:
By:
Title:
Date:
Construction Manager Recommendation
By:
Title:
Date:
Recommendation:
City Approval – Division Head – Signature required on all Change Order Requests By:
Title:
Date:
Design Consultant Recommendation
By:
Title:
Date:
Recommendation:
City Approval – Department Head – Signature required when any individual Change Order Request exceeds $10,000.
By:
Title:
Date:
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Invitation for Bids (IFB) Package 97 Rev. September 29, 2021 PART 6 – FIELD ORDER, CHANGE ORDER REQUEST, CHANGE ORDER
CONTRACT CHANGE ORDER
CITY OF PALO ALTO
DEPARTMENT: UTILITIES
_____________________________ Project
Contract Change Order #
Project Title: Project No.:
Contract Number: Date:
Contractor: Change Order No.:
Description of Change Order
Background Information:
Change Order Justification:
Description of Work to be Performed:
Incorporates Field Order Number(s):
Cost Time
This Change Order will:
No cost change: N/A
Increase cost by $ 0.00
Decrease cost by $ N/A
This Change Order will:
Not change time
Increase time by ____ days
o ___ days Excusable Delay
o ___ days Compensable Delay
Decrease time by ____ days
The date of completion as of this Change Order is:
______________________________________________
G/L account number (s):
Basis for change in cost:
Unit price(s)
Lump sum
Time and Materials
Compensation for Compensable Delay
Other:
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Invitation for Bids (IFB) Package 98 Rev. September 29, 2021 PART 6 – FIELD ORDER, CHANGE ORDER REQUEST, CHANGE ORDER
Contract Change Order – continued
CONTRACTOR CERTIFICATION : By signing below, Contractor agrees that this Change Order constitutes full resolution, settlement, accord and satisfaction with respect to any and all pending or future Claims for cost and extensions of time that were asserted, or that could have been asserted, in connection with the Work covered by this Change Order, as more fully set forth in Article 7 of the Contract Gener al Conditions.
FAILURE TO EXECUTE: If Contractor fails to promptly execute this Change Order after it has been submitted for Contractor’s signature, the City may unilaterally approve this Change Order as set forth in Article 7 of the Contract General Conditions. Contractor may dispute the terms of a unilaterally-approved Change Order, in whole or in part, by submitting a Claim in accordance with the Dispute Resolution Procedures set forth herein within fourteen (14) days after the Change Order is approved by the City. If Contractor fails to submit a Claim within that 14 -day period, with respect to all or part of the unilaterally-approved Change Order, those portions of the Change Order which have not been disputed by timely submission of a Claim shall be deemed to have the same effect as if the Change Order was fully executed by both parties as set forth above.
Accepted for Contractor: Accepted for City of Palo Alto:
By: By:
Title: Title:
Date: Date:
PCO No.
ASI
FO
COR
CO
Description Amount Reason for Change
Total for this Change Order $ 0.00
Scope of Work
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Invitation for Bids (IFB) Package 99 Rev. September 29, 2021 PART 6 – FIELD ORDER, CHANGE ORDER REQUEST, CHANGE ORDER
Document Preparation
By:
Title:
Date:
City Approval – Division Head
Signature required on all Change Orders
By :
Title :
Date:
City Approval – Department Head
Signature required when any individual Change Order exceeds $10,000.
By:
Title:
Date:
Contract Change Order – continued
Summary of Amounts Payable Under Contract (For Internal Purposes Only) Original Contract Sum: $ 0.00
Previous Change Orders $ 0.00
This Change Order $ 0.00
Revised Contract Sum: $ 0.00
Compare to:
Original Contract
Authorization: $ 0.00 Contingency: 0.00
Contract Amendment
Authorizations $ 0.00 Contingency added: 0.00
Contingency Authorizations: $ 0.00 Used to date (0.00) Total Authorized Funding: $ 0.00 Balance remaining 0.00 Change Orders shall not be initiated for Council-approved contracts if the revised Contract Sum exceeds the total authorized funding amount.
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Invitation for Bids (IFB) Package 100 Rev. September 29, 2021 PART 7 – SPECIAL PROVISIONS
SPECIAL PROVISIONS
IFB NO. 183908
PROJECT TITLE: TWO (2) TURNOUTS PROJECT
These Special Provisions apply to this Project in addition to the General Conditions. Terms used in these Special Provisions which are defined in the General Conditions have the meanings assigned to them in the General Conditions.
SECTION 1 – TIME FOR COMPLETION
For the purposes of Construction Contract Section 6.3 (Contract Time), the definition of “working day” means work during the Project Hours specified in Section 3 below, and does not include weekends and legal holidays.
Contractor’s schedule shall reflect project completion within 66 working days.
SECTION 2 – SCHEDULES REQUIRED OF CONTRACTOR
Section 3.10 of the General Conditions are hereby amended to include the following:
In addition to the monthly schedule update, the Contractor shall submit an updated three week look ahead schedule at each field weekly meeting, and a weekly schedule every Monday, via email, showing exactly what activities are planned for the week. Additionally, DAILY prior to starting work the Contractor shall email to the City the planned work for the day including road or lane closures as required.
SECTION 3 – PROJECT HOURS OF WORK
Work hours shall be from 8:30 AM – 5 PM, Monday through Friday.
SECTION 4 – TRAFFIC CONTROL
The traffic control plans for the California Avenue turnout work will be prepared by the City. The City will also obtain a Caltrans encroachment permit for traffic control on El Camino Real. The City will submit traffic control plans to City transportation engineer, with any corrections required to be made by the City’s traffic control plan preparer. Contractor will be responsible for coordination with Caltrans for traffic signal reprogramming as needed.
If Contractor proposes revisions to the traffic control plans, this shall be at no additional cost to the City.
Contractor shall provide three message boards for advance warning/detours for the duration of the project.
The traffic control plans for the Page Mill turnout work will be prepared by the City. The City will also obtain a Santa Clara County encroachment permit for traffic control on Page Mill Road. Contractor will be responsible for coordination with the County. If Contractor proposes revisions to the traffic control plans, this shall be at no additional cost to the City.
SECTION 5 – STEEL PLATE REQUIREMENTS
Per Public Works Standard Drawings and Specifications 2018, trench plates installed along bike lanes, bike boulevards, arterial roadways, or along roads with a posted speed limit of 35 MPH or greater shall be set flush with the surrounding asphalt concrete surface. This requirement does not apply to PCC surfaced streets. See Standard Drawing Number 405. This requirement shall apply to California Ave work, since excavations will be in bike lane.
Trench plates installed in bike lanes, and bike boulevards shall be skid resistant and have a reflective coating or tape for additional safety, and shall be set flush with the surrounding asphalt concrete surface (Refer to Standard Drawing 405). Additional warning signage shall be posted on Type II flashing barricades.
SECTION 6 – INSPECTION
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Invitation for Bids (IFB) Package 101 Rev. September 29, 2021 PART 7 – SPECIAL PROVISIONS
Specification 800 (Additional Provisions for Utilities Contractors), Sections 4.01 (Approval of Work) is hereby amended as follows:
The City will provide one full time City Inspector to inspect the Work. However, Contractor shall note that City Inspector is not required to be on-site at all times during construction activities, if other needs require their attention. However, this does not preclude the Contractor from the requirement of having their work inspected and approved by the City Inspector.
SECTION 7 – CHANGE ORDERS
Change Order Requests must comply with the requirements stated in the General Conditions 7.2 and Section 800 Additional Provisions for Utilities Contractors of Technical Specifications, including all supporting documentation.
Any Change Order Request which has not been submitted prior to submittal of final payment request will not be allowed.
As part of each work order that is submitted for additional Contract days, Contractor shall include an overall time impact analysis showing how the change has affected the progression of construction.
SECTION 8 – PROGRESS PAYMENT
Progress Payment Request in addition to compliance with Article 9 Payments and Completion of General Conditions shall comply with all requirements stipulated in Section 800 Additional Provisions for Utilities Contractors of the Technical Specifications.
SECTION 9 – PHOTOS/VIDEO OF STORAGE AREAS
Prior to storage of any equipment or material, Contractor shall notify the City WGW Utilities Inspector of the proposed equipment or material storage sites and request the City WGW Utilities Inspector to take pictures or/and video of the storage sites.
If Contractor fails to provide this notification, Contractor shall be held liable for any damage sustained by the storage site and be responsible for site restoration to preconstruction conditions as directed by the Utilities Inspector.
SECTION 10 – ON-SITE SUPERINTENDENT
A contractor’s superintendent or foreman, or designated superintendent or foreman, is required to be physically on-site the entire day for the duration of the Work to supervise all construction activities.
SECTION 11 – SOLICITATION OF PRIVATE WORK BY CONTRACTOR
The Contractor is prohibited from advertising its services to the Owners/Residents of properties and Businesses affected by the Project Construction for the duration of the Contract.
SECTION 12 – COORDINATION
The Contractor shall be responsible for all operations necessary to complete the Work, including complete coordination with, but not limited to, the City, CALTRANS, Santa Clara County, PCJPB, Stanford, Stanford University, Stanford Hospital, PAUSD, local schools, school principals and PTA members, SCVWD, SFPUC, PG&E, appropriate Transit Districts, Subcontractors, property occupants, and all other Contractors working in the area.
This includes attending meetings with affected parties when required.
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Invitation for Bids (IFB) Package 102 Rev. September 29, 2021 PART 7 – SPECIAL PROVISIONS
The Contractor shall be responsible for coordination with WGW Operations and SFPUC for water main bypass, which shall be performed before removing City turnout vault from service. Contractor shall also be responsible for coordination with SFPUC for Contractor’s work in SFPUC vault. Contractor shall also be responsible for coordination with Public Works and Building Departments for inspection as needed.
SECTION 13 – REPORTING REQUIREMENTS OF SANITARY OVERFLOWS (SSO’S)
The following policy shall apply:
• All Contractors must submit a pollution prevention plan to address sewer overflow prevention and storm water protection.
• In the event of a SSO that is observed or created by the Contractor, the Contractor will immediately notify the City’s dispatch by calling 329-2413 and the assigned City Inspector. • Take steps to stop, contain or divert the SSO by using absorbent, portable dams, sandbags or bypass equipment. • The following information will be given to Utility Dispatch; location of SSO, Contractor and City Inspector name/contact number, time Contractor first noticed SSO and If SSO is occurring at time of call. • Utility Dispatch will contact the wastewater crew to respond. • Responding wastewater crew will assist Contractor with stopping, containment or diversion of SSO and complete all field reports associated with the SSO.
SECTION 14 – WEATHER DELAYS
Article 8 of the General Conditions is amended as follows:
The Contract time does not include a weather day allowance. Working conditions due to inclement weather will be considered sufficient cause for time extension. Inclement weather resulting in weather delays shall be defined as working days on which the Contractor is prevented by inclement weather or conditions resulting in at least 60% of the work day being lost as determined by the City Inspector.
SECTION 15 – MATERIALS TO BE SUPPLIED BY THE CITY
Section 3.4 of the General Conditions is amended to add the following:
California Ave Turnout:
The City will provide the following items, organized below by which part of the scope they are for:
Bypass: Bypass in SFPUC vault will be installed by City Utility Operations.
SFPUC vault: City shall procure the 16x10 ductile iron pipe tee listed the SFPUC Vault Proposed Work Parts List schedule on Sheet 9 of the plans. The City will receive the part and store at a City lay down yard within the City.
Contractor shall load and furnish the tee from the lay down yard to the project site, and the contractor shall install the tee as shown in the project plans.
For add alternate Bid Item 18 for installation of two gate valves in SFPUC vault, SFPUC shall provide the gate valves and insulating gasket kits.
Sewer lateral: Sewer lateral outside vault will be removed and replaced by City Utility Operations.
SECTION 16 – EXISTING UTILITIES
The General Conditions section 3.28.1 is hereby amended as follows:
Prior to the start of any excavation, the Contractor shall be responsible for notifying Underground Service Alert (USA) 800-642-2444 at least ten (10) days prior to beginning underground work so that existing utilities can be marked in the field. The Contractor is responsible for the location of all utilities, both public and private. Location shall be clearly delineated by the Contractor in the field with white paint.
The City will not be held liable for unmarked or mismarked third party or private owned utilities. The City will not compensate Contractor for damage caused to or additional time required to locate or work around unmarked or
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mismarked third party or private owned utilities by Contractor. Contractor will be required to make all necessary repairs at Contractor’s expense.
For City owned facilities, Contractor will be required to pothole a minimum of two separate times before the City will consider providing compensation to contractor for unmarked or mismarked utilities. Contractor must document any additional potholing and receive sign off from the City Inspector or Project Manager before any additional work will be reviewed for compensation. This section supersedes the General Conditions where there are conflicts.
SECTION 17 – DISPOSAL OF EXCAVATED SOILS
Contractor is responsible for disposal of all excavated soils associated with the project during construction. It is the Contractor’s responsibility to characterize all excavated soils for disposal by sampling and testing it in accordance with landfill operation requirements. All samples shall be taken in the presence of the City Inspector. The City will not pay for disposal of excavated soils that were not sampled and approved by City Inspector prior to disposal.
Once testing has been completed, it is the Contractor’s responsibility to identify suitable landfill facility, and to transport and dispose the excavated soils.
SECTION 18 – ADD ALTERNATE BID
The City reserves the right to select all or any portion of the bid items from the Add Alternate Bid to be included in the Contract.
SECTION 19 – CITY STANDARDS
For additional City Standards, please visit our website at:
https://www.cityofpaloalto.org/gov/depts/utl/eng/standards.asp for Water, Gas and
Wastewater Utility Standards or;
https://www.cityofpaloalto.org/gov/depts/pwd/forms_and_permits/specs_drawings.asp for Public Works Standards.
SECTION 20: PARKING AND STAGING REQUIREMENTS
California Ave Turnout:
Contractor shall be responsible for renting space for staging. Contractor shall not stage from public ROW.
Contractor shall not stage from private parking lots near project site without an agreement with the property owners.
All parking by Contractor and subcontractors for this work shall be either on private property rented for that purpose by the Contractor from the property owner, or in public street parking spaces near the project site.
Suggested public street parking locations include: Wellesley St, Williams St, and Yale St. Contractor shall submit plan for which public street parking locations they want to use, for approval by Project Engineer.
Page Mill Turnout: Contractor shall be responsible for renting space for staging. Contractor shall not stage from public ROW. Contractor shall not stage from private parking lots near project site without an agreement with the property owners.
Parking for Contractor vehicles needed for work (weld truck, materials drop off) shall be in traffic lane to be closed for work. Contractor to coordinate with Project Engineer for the details.
SECTION 21: ADD ALTERNATE BID
The City reserves the right to select all or any portion of the bid items from the Add Alternate Bid to be included in the Contract.
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Invitation for Bids (IFB) Package 104 Rev. September 29, 2021 PART 7 – SPECIAL PROVISIONS
SECTION 22: REQUIRED LICENSES AND CERTIFICATIONS
• Contractor shall be required to have a Class A - General Engineering Contractor license. • The Contractor or their subcontractor for the electrical work shall be required to have a C-10 Electrical Contractor license.
• The lead paint remediation subcontractor’s supervisor and workers shall be certified to perform the work per California Code of Regulations, Title 17, Division 1, Chapter 8, Section 35001-36100.
SECTION 23: SPECIAL INSPECTIONS
The new vault roof installation work for the California Ave City turnout requires Special Inspections and Testing per CBC Sections 1704 and 1705. These Special Inspections and Testing shall be performed in accordance with the approved plans and specifications, the Statement of Special Inspections in the plans, and CBC Sections 1704 and 1705. Special Inspections and Testing will be performed by a company from City of Palo Alto Building Department’s Recognized Special Inspection and Testing Agencies list. This company will be hired by City of Palo Alto to perform the required inspections and testing at the City’s cost. Contractor shall allow access to the work for the Special Inspector whenever the Special Inspector needs access. The following items have been designated for Special Inspection (and may be updated by the City as needed):
• Reinforcing steel: Tensile & Bond, Inspection of Placement, Inspection of Welding, Mill Tests • Concrete: Mix Designs, Compression Tests, Cast Specimens, Pick-Up Samples • Structural Hardware: Epoxied Anchors & Bolts
SECTION 24: KODAK VAULT ABANDONMENT
The California Ave Turnout project scope includes three add alternate bid item related to abandonment of the Kodak Vault. This is an SFPUC-owned vault located adjacent to the City turnout vault. Work on this vault shall be tracked and invoiced separately by Contractor, since SFPUC will pay for this portion of the work. Vault abandonment (Bid Item 19) shall include: Removal of vault roof and top 2’ of walls, and removal of a portion of walls around the 8” pipe in east wall, cutting existing pipes flush with vault walls, salvaging manhole cover and lids for SFPUC, drilling holes in vault floor for drainage, filling vault with drain rock and aggregate base, installation of new curb and sidewalk, and repairs
Vault Abandonment Detail:
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Invitation for Bids (IFB) Package 105 Rev. September 29, 2021 PART 7 – SPECIAL PROVISIONS
Bid Items 20 and 21 are add alternate bid items for two options for separating the two existing services to Kodak Vault from the 10” PVC water main in the street. This may or may not be necessary, since the services may already be disconnected from the main. Most recent available as built from 1991 indicates the services are still connected.
However, vault photos show that one of the two lines has been cut and slurry sealed. A valve in the vault on the other service line was opened by CPA Utility Operations to see if it was still active, and no water came out, so it does not appear to be connected to the main. The 1991 as built shows the two services less than 4’ apart, whereas City GIS records show 17’ between the two lines.
The connection to the main for one of the two services may be revealed during excavation for the Flex-Tend portion of the project. If not, it will need to be potholed. The other service may also need to be potholed at the main to verify if it is still connected. If the two services are not connected at the main, no additional work will be needed on the water main at that location. If one or both of the services are connected, Contractor shall coordinate with Water Transmission Operations group for shutdown of that section of main. Then Contractor shall excavate at the service connections. If the service connections are flanged saddles (Bid Item 21), the Contractor shall reduce water pressure in the main, disconnect the flanges, and remove the first 3’ of the services from the main. Then blind flanges shall be installed on the flange connections to stop flow. If this work is performed correctly, pressure testing and disinfecting the main will not be required. The correct performance of this work means preventing the main from being submerged in water during the work, by taking the following precautions:
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Invitation for Bids (IFB) Package 106 Rev. September 29, 2021 PART 7 – SPECIAL PROVISIONS
excavating to 16” below the pipe, excavating a low spot to fill with drain rock and a sump pump, and pumping water out of the vault as needed.
If the Kodak vault services are still connected to the main, with non-flanged connections, for example, cut-in tees, then a section of the main shall be replaced (Bid Item 20). After excavating, Contractor shall cut and remove a section of the main, and remove the first 3’ of the two services from the main. Next, Contractor shall install a new section of 10” PVC pipe with Hymax couplings to attach to existing pipe. Contractor shall then pressure test and disinfect the new section of pipe. Finally, Contractor shall perform street restoration, including all traffic control, backfilling and installation of base rock, asphalt paving, coordination with Public Works, and cleanup
1991 As Built – WMR Project – Phase 5
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Invitation for Bids (IFB) Package 107 Rev. September 29, 2021 PART 7 – SPECIAL PROVISIONS
Photo 1 from Kodak Vault
Photo 2 from Kodak Vault
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Invitation for Bids (IFB) Package 108 Rev. September 29, 2021 PART 7 – SPECIAL PROVISIONS
GIS Map of Kodak Vault Area
END OF SECTION
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City of Palo Alto (ID # 14463)
City Council Staff Report
Meeting Date: 10/17/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Approval of Implementation of the U.S. Environmental Protection Agency-Funded (U.S. EPA) Greening Parking Facilities for a Sustainable Community Project and Approval of Agreement Between City of Palo Alto and City of Santa Clara to Partner on Projec t, and Approval of a Budget Amendment in the Stormwater Management Fund
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that the City Council :
1. Approve implementation of the U.S. Environmental Protection Agency -funded (U.S. EPA) Greening Parking Facilities for a Sustainable Community Project (Project) a s part of the Stormwater Management Fund Capital Improvement Program Green Stormwater Infrastructure project (SD -22001) in the amount of $1,566,351;
2. Approve and authorize the City Manager or designee to execute the Agreement (Attachment A) between the City of Santa Clara (Santa Clara) and the City of Palo Alto (Palo Alto) to partner for the implementation of the Project and for Palo Alto to provide reimbursement to Santa Clara in the not -to exceed amount of $332,902 over the grant period ending December 31, 2025;
3. Authorize the City Manager or designee to approve and execute related grant contracts with additional Project partners identified in the grant proposal (Table 1) and to approve future administrative changes to contracts between Palo Alto and all partners regarding budgetary amendments and Project scope changes; and
4. Amend the Fiscal Year 2023 budget appropriation (by a 2/3 vote) for the Stormwater Management Fund by:
a) Increasing the Green Stormwater Infrastructure project (SD -22001) appropriation by $1,566,351
b) Increasing the revenue estimate from the Federal Government by $1,216,351
c) Decreasing the ending fund balance by $ 350,000
5 Packet Pg. 193
City of Palo Alto Page 2
Executive Summary
The U.S. EPA’s San Fran cisco Bay Water Quality Improvement Fund (SFBWQIF) is a grant program that funds water quality and watershed/wetland restoration projects to protect and restore San Francisco Bay . A grant of $1,216,351 was awarded to Palo Alto and its Project partners in J anuary 2021 to conduct the Greening Parking Facilities for a Sustainable Community: Design, Maintenance, Water Quality Benefits, and Workforce Development Project (Project). Project partners include the cites of Palo Alto and Santa Clara, the County of San ta Clara, and a number of non -profit organizations. The Project will provide water quality benefits by constructing green stormwater infrastructure (GSI) in two cities, Palo Alto and Santa Clara, at existing parking lots or alternative locations. Additiona lly, the Project will develop a Guidebook for Greener Parking Facility Design based on lessons learned from the projects ; establish a certified workforce training framework for GSI maintenance ; provide maintenance training to City staff, partners , and a lo cal service organization made up of underserved youth ; and implement community outreach opportunities.
Palo Alto entered into the grant agreement #98T20101 (At tachment B) with U.S. EPA on September 27, 2021. The grant agreement names City of Palo Alto as the recipient and the responsible agency for managing the grant costs and Project deliverables in accordance with the terms and conditions set by the award agreement with the U.S. EPA. The total cost for the Project is $2,432,703, with partners providing a 50% cash and in -kind match to the $1,216,351 award. Palo Alto staff anticipates spending considerable time serving as project manager, serving as lead to develop work products, and conducting administrative duties over the grant period, all of which will be counted toward the City’s portion of the in-kind match.
Grant agreements will be developed between Palo Alto and each partner to allow each partner to receive grant funds for their contribution to the Project. All partners will provide in -kind matches, with Santa Clara also contributing a cash match for direct use on its parking lot retrofit. See Table 1 for details regarding grant and match amount allocations per grant partner.
The partners will submit quarterly invoices and progress reports to Palo Alto, which will then be approved and submitted to U.S. EPA. In turn, U.S. EPA will provide payment approval and reimbursement to Palo Alto within a few business days of receipt of the invoice. Palo Alto will disburse invoiced amount s to each partner in ar rears within 30 days of receipt of reimbursement from the U.S. EPA . The first Agreement (Attachment A), establishing an implementation partnership between Palo Alto and Sant a Clara , must be approved to allow Santa Clara to commence its retrofit project. As the grant recipient, Palo Alto will reimburse Santa Clara $332,902, the grant amount received by said agency, over the course of the grant period to end December 21, 2025.
Background
Palo Alto is subject to the requirements of the State’s Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit (#CAS612008) in the San Francisco Bay Area (Order R2 -2022-0018,) also known as t he Municipal Regional Permit (MRP). The MRP 5 Packet Pg. 194
City of Palo Alto Page 3
applies to 76 municipalities and flood control agencies that discharge stormwater to San Francisco Bay (Bay). U nder the MRP, new development and redevelopment projects on private and public property that exceed c ertain size thresholds are required to mitigate stormwater quality impacts by incorporating site design, pollutant source control , and stormwater treatment measures (also known as green stormwater infrastructure or GSI). The newly adopted MRP (No. R2 -2022-0018), effective July 1, 2 022, requires Palo Alto to construct sufficient GSI to treat 3.92 acres of impervious surface and to proactively search for opportunities to build GSI when feasible. In order to meet this new requirement, Palo Alto staff will need to identify opportunities on City property and its right -of-way to integrate GSI measures into streets, roads, parking lots, roofs, and other elements.
In order to begin meeting requirements, staff submitted a grant proposal (Attachment C) to the May 2020 solicitation round of the U.S. EPA competitive grant program, the San Francisco Bay Water Quality Improvement Fund (SFBWQIF), which funds water quality and watershed/wetland restoration p rojects to protect and restore the Bay. Although the proposal did not receive an award at that time, the project was awarded $1,216,351 during a follow -up granting period in January 2021.
The SFBWQIF grant funds the Greening Parking Facilities for a Sustainable Community: Design, Maintenance, Water Quality Benefits, and Workforce Development Project (Project), which will provide water quality benefits by constructing GSI retrofits at two existing parking lots in two cities – one in Palo Alto and one in Santa Clara. Additionally, the Project will develop a Guidebook for G reener Parking Facility Design based on lessons learned from the projects; establish a certified workforce training framework for GSI maintenance; provide maintenance training to City staff, partners, and a local service organization made up of underserved youth; and implement community outreach opportunities. These components will pave the way for future GSI projects, engage the public, and strengthen interagency collaboration. Finally, this Project will reduce pollutant loads to the Bay, inc luding polychlorinated biphenyls ( PCBs) and mercury.
The Palo Alto parking lot retrofit Project construction would consist of the demolition of some existing pavement; soil excavation and off -hauling; storm drain connection; striping and pavement marking; el ectrical w ork for lighting; and installation of bike parking, GSI , and the irrigation system. Extensive community engagement will be conducted.
Discussion
This report seeks approval to begin implementation of the U.S. Environmental Protection Agency -funded (U.S. E PA) Greening Parking Facilities for a Sustainable Community Project (Project) under the existing Stormwater Management Fund Capital Improvement Program Green Stormwater Infrastructure project (SD -22001) in the amount of $1,566,351 (this amount includes the grant project match plus cash match from Palo Alto) . The Project will provide water quality benefits by constructing GSI in two cities, Palo Alto and Santa Clara, at 5 Packet Pg. 195
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existing parking lots or alternative locations.
Palo Alto submitted the Project grant p roposal on behalf of a collaboration of five partners – Santa Clara, Grassroots Ecology, San Francisco Estuary Institute, San Jose Conservation Corps, the Santa Clara Valley Urban Pollution Prevent Program, and Santa Clara County. Combining the efforts of these agencies into a single grant proposal with region-wide strategies and benefits produced a more competitive application from U.S. EPA’s perspective. Palo Alto entered into the grant Agreement (#98T20101) with U.S. EPA on September 27, 2021. The grant Agreement names City of Palo Alto as the recipient and the responsible agency for managing the grant costs and Project deliverables in accordance with the terms and conditions set forth by the Award Agreeme nt with the U.S. EPA. Staff anticipates spending c onsiderable time serving as project manager, serving as lead to develop work products, conducting administrative duties over the grant period , and providing feedback during the CIP project design process , all of which will be counted toward the in -kind match. As mentioned previously, Palo Alto is required to construct these types of projects to meet regional regulatory requirements, and thus, staff time will be applied to a valuable, priority effort.
Table 1 provides a summary for Palo Alto and its partne rs of Project roles, awarded grant amounts, and in -kind matches to be provided by each partner. The grant amount for each partner will be disbursed by Palo Alto once reimbursed by the EPA. The combination of cash and in -kind matches from each partner and P alo Alto total the required 50% match (or $1,216,352). Palo Alto will provide a cash match of $350,000 and $310,906 of in-kind staff time and materials, while Santa Clara will also provide a cash match of $131,783 and $320,664 of in - kind staff time. The re mainder of the partners will each provide in -kind matches of staff time that total the remainder of the ir required matches. All partners will track their match es on a quarterly basis. Palo Alto will set up agreements with the remainder of the partners befo re their Project work commences. Attachment C provides grant proposal details. Palo Alto will create a Project workplan with partners after receiving Council approval.
This Agreement establishes the reimbursement relationship between Palo Alto and Santa Clara, in which Palo Alto will receive quarterly invoices from Santa Clara to be submitted to the U.S.
EPA with other invoices received. Santa Clara will also provide a quarter ly progress report, which will include a project description, list of issues req uiring U.S. EPA’s attention, summary of tasks completed and in progress, milestones achiev ed, deliverables completed, and a summary of budget spent and remaining. Palo Alto wil l submit all Project invoices and respective quarterly reports to U.S. EPA throu gh its required process. U.S. EPA will reimburse Palo Alto within a few business days, and Palo Alto will then disburse to Santa Clara the invoiced amount within 30 days of receipt of reimbursement from the U.S. EPA.
In the Agreement, Santa Clara agrees to meet U.S. EPA requirements as well as complete the Project deliverables on time and within budget. Santa Clara will active ly participate in Project coordination meetings and workgroups and provide support to Palo Alto as needed per the in - kind match. A ny necessary administrative changes will be carried out through collaborative 5 Packet Pg. 196
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discussions and approvals of both Parties through the authority granted by Council to the City Manager or designee.
Table 1. Grant Disbursement Details
GRANT
RECIPIENT/ ITEM RECIPIENT DESCRIPTION & ROLE GRANT
AMOUNT MATCH AMOUNT
City of Palo Alto
Grant Project Manager: ensure workplan is carried out in a timely manner within budget and according to U.S. EPA's Agreement terms and make administrative changes as needed. $412,379
$660,906
($350,000 cash,
$310,906 in-kind)
City of Santa Clara
Project partner: retrofit Santa Clara parking lot and participate in developing work products; provide quarterly reports and invoices per requirements.
$332,902
$452,447
($131,783 cash,
$320,664 in-kind)
Grassroots
Ecology
Project partner: conduct environmental outreach and
education and serve as lead for maintenance of green
stormwater infrastructure installed as part of parking lot retrofit in Palo Alto.
$69,990 $20,000
San Francisco
Estuary Institute
Project partner: conduct pre and post -project water quality monitoring to evaluate effectiveness of green stormwater infrastructure and prepare follow-up report.
$209,925 $10,408
San Jose
Conservation
Corps
Project partner: support Grassroots Ec ology in maintenance, receive maintenance training and environmental education and career support.
$42,770 $6,500
Santa Clara Valley
Urban Runoff
Pollution
Prevention
Program
Project partner: support in development of Guidebook for Greener Parking Facili ty Design and participate in development of other work products.
$30,800 $42,680
Santa Clara
County
Project partner: participate in development of other work products. 0 $23,411
Supplies and
materials
Items to include community engagement materials, plan ts and project signage. $117,585 $0
$1,216,351 $1,216,352
PROJECT TOTAL $2,432,703
Resource Impact
The City of Palo Alto has received a grant in the amount of $1,216,351 , with Palo Alto receiving $412,379 toward a GSI retrofit project and additional funding for the project that will be distributed to the partners shown in Table 1 , which will include maintenance training for Palo Alto staff and partners and pre and post -construction sampling and analysis at both Palo Alto and Santa Clara projects. The U.S. EPA SFBWQIF’s 50% match requirement will be provided with a cash match of $481,783, with $350,000 from Palo Alto and $ 131,783 from Santa Clara. The remainder of the match amount , $734,569, will be provided through in -kind staff time, equipment, and materials from Palo Alto, Santa Clara , and the remaining partners. Staff time hours will be contributed to various activities, including project team and committee participation, document review and preparation, community engagement activities, mileage, 5 Packet Pg. 197
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maintenance equipment, and materials. The contribution from each partner is provided in the “Match Amount” column in Table 1.
This grant requires a budget amendment in the amount of $1,566,351 in the Stormwater Management Fund Capital Improvement Program Green Stormwater Infrastructure project (SD-22001) . The revenue estimate from the Federal Government is to be increased by $1,216,351 and the Stormwater Management Fund ending fund balance will decrease by $350,000. Staff will return to council with a bud get amendment once Palo Alto’s project is designed if requested budget does not suffice .
Policy Implications
This pro ject supports the implementation of the Green Stormwater Infrastructure (GSI) Plan accepted by Council in May 2019 ( Staff Report #9883 ) and meets requirements of the SF Bay Area MRP (No. R2-2022-0018) effective July 1, 2022. In addition, this project supports the City’s Sustainability and Climate Action Plan Goa ls and Key Draft Sustainability and Climate Action Plan Goals and Key Actions.
Stakeholder Engagement
Palo Alto’s c ommunity engagement will be conducted as part of P roject implementation and design, during which input will be sought from residents, schools, businesses, and other entities located in the project v icinity. Eng agement plan s include door -to-door outreach to nearby businesses and entities; a minimum of three public meetings; a drop -in information table at the project location (or if not feasible, a public event to reach residents); utility bill inserts, and postings to social media. In addition, staff will provide updates to the City’s Stormwater Management Oversight Committee (which oversees use of funds from Palo Alto’s Stormwater Management Fee) and Parks and Recreation Commission as well as City Council.
Environmental Review
Council action on the proposed agreement , and the work to be performed by consultants and staff in connection with these programs is categorically exempt from CEQA under section 15301 of the CEQA Guidelines in that the projects to retrofi ts to parking lots are minor alteration to existing structures; and under section 15308 in that the outreach, educational, and planning activities around green stormwater infrastructure are actions taken by regulatory agencies to assure the maintenance, restoration, enhancement, or protection of the environment.
Attachments:
• Attachment5.a: Attachment B: EPA Award Grant Agreement • Attachment5.b: Attachment C: Grant Project Proposal
• Attachment5.c: Attachment A. EPA Project_Santa Clara
Agreement_100322_FINAL DRAFT
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RECIPIENT TYPE: Send Payment Request to:
Municipal Contact EPA RTPFC at: [email protected]
RECIPIENT: PAYEE:
98T20101GRANT NUMBER (FAIN):
W9
PAYMENT METHOD:
ASAP
DATE OF AWARD
MAILING DATE
ACH#
10/04/2021
PEND
U.S. ENVIRONMENTAL
PROTECTION AGENCY
Grant Agreement
MODIFICATION NUMBER:
PROGRAM CODE: 09/27/2021
TYPE OF ACTION
New
0 EIN:
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
94-6000389
250 Hamilton Avenue
City of Palo Alto
Palo Alto, CA 94301
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Pamela Boyle Rodriguez Erica Yelensky Danielle Carr
2501 Embarcadero Way 75 Hawthorne Street, WTR-2-2 Grants Branch, MSD-6 Palo Alto, CA 94303 San Francisco, CA 94105 75 Hawthorne Street [email protected]: San Francisco, CA 94105E-Mail: [email protected] 650-329-2421Phone: Phone: E-Mail:415-972-3021 [email protected] Phone: 415-972-3871
The project will provide water quality benefits by constructing green stormwater infrastructure (GSI) retrofits at two existing parking lots in Palo Alto and Santa Clara, CA. Additionally, the Project will develop a Guidebook for Greener Parking Facility Design and a certified workforce training framework for GSI maintenance, and provide community outreach and maintenance by trained partners and city staff. Anticipated deliverables include training materials, a quality assurance Project plan, quarterly reports, and as built drawings. Expected outcomes include providing an average of 282,000 gallons per year of stormwater retention and treating 13.4-20 mg/year of PCBs, 18-25 mg/year of Hg, and 1.9-2.8 million particles per year of microplastics. The intended beneficiaries include the cities of Palo Alto and Santa Clara California and improved water quality in San Francisco Bay.
This assistance agreement provides full federal funding in the amount of $1,216,351.00.
SAN FRANCISCO BAY AREA WATER QUALITY IMPROVEMENT FUND
PROJECT TITLE AND DESCRIPTION
$2,432,703.00
TOTAL PROJECT PERIOD COSTBUDGET PERIOD
10/01/2021 - 12/31/2025 $2,432,703.0010/01/2021 - 12/31/2025
TOTAL BUDGET PERIOD COSTPROJECT PERIOD
NOTICE OF AWARD
Based on your Application dated 05/13/2020 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $1,216,351.00. EPA agrees to cost-share 50.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $1,216,351.00. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this award/amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments.
U.S. EPA, Region 9 Grants Branch, MSD-6
San Francisco, CA 94105
75 Hawthorne Street
San Francisco, CA 94105
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE)
ORGANIZATION / ADDRESS
75 Hawthorne Street
AWARD APPROVAL OFFICE
ORGANIZATION / ADDRESS
09/27/2021
DATECarolyn Truong - Grants Management Officer
U.S. EPA, Region 9, Water Division, WTR-1
R9 - Region 9
Digital signature applied by EPA Award Official
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EPA Funding Information
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
$0 $1,216,351EPA Amount This Action $1,216,351
$0 $0EPA In-Kind Amount $0
$0 $0Unexpended Prior Year Balance $0
$0 $0Other Federal Funds $0
$0 $1,216,352Recipient Contribution $1,216,352
$0 $0State Contribution $0
$0 $0Local Contribution $0
$0 $0Other Contribution $0
$0 $2,432,703Allowable Project Cost $2,432,703
Clean Water Act: Sec. 32066.126 - San Francisco Bay Water Quality Improvement Fund
Statutory Authority Regulatory AuthorityAssistance Program (CFDA) 2 CFR 200, 2 CFR 1500 and 40 CFR 33
Fiscal
Site Name Req No FY Approp.
Code
Budget
Oganization
PRC Object
Class
Site/Project Cost
Organization
Obligation /
Deobligation
- $1,216,351-4158000BK409L2B21222109W32011-
$1,216,351
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Total Approved Allowable
Budget Period Cost
Budget Summary Page
$939,814
$1,216,351
$2,432,703
$1,216,351
$0
$0
$0
$10,686
$1,028,666
Table A - Object Class Category
(Non-Construction)
$0
$446,366
$7,171
$1,216,351
$2,432,703
$0
1. Personnel
2. Fringe Benefits
3. Travel
4. Equipment
5. Supplies
6. Contractual
7. Construction
11. Total (Share: Recipient ______ % Federal ______ %)
8. Other
9. Total Direct Charges
12. Total Approved Assistance Amount
13. Program Income
14. Total EPA Amount Awarded This Action
15. Total EPA Amount Awarded To Date
10. Indirect Costs: 0.00 % Base
50.0050.00
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Administrative Conditions
General Terms and Conditions
The recipient agrees to comply with the current EPA general terms and conditions available at:
https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-november-12-2020-or-later.
These terms and conditions are in addition to the assurances and certifications made as a part of the award and the terms, conditions, or restrictions cited throughout the award.
The EPA repository for the general terms and conditions by year can be found at: https://www.epa.gov/grants/grant-terms- and-conditions#general.
A. Federal Financial Reporting (FFR)
For awards with cumulative project and budget periods greater than 12 months, the recipient will submit an annual FFR (SF 425) covering the period from "project/budget period start date" to September 30 of each calendar year to the EPA Finance Center in Research Triangle Park, NC. The annual FFR will be submitted electronically to [email protected] no later than December 30 of the same calendar year. (NOTE: The grantee must submit the Final FFR to [email protected] within 120 days after the end of the project period.)
B. Procurement
The recipient will ensure all procurement transactions will be conducted in a manner providing full and open competition consistent with 2 CFR Part 200.319. In accordance 2 CFR Part 200.324 the grantee and subgrantee(s) must perform a cost or price analysis in connection with applicable procurement actions, including contract modifications.
State recipients must follow procurement procedures as outlined in 2 CFR Part 200.317.
C. MBE/WBE Reporting, 40 CFR, Part 33, Subpart E (EPA Form 5700-52A)
The recipient agrees to submit a “MBE/WBE Utilization Under Federal Grants and Cooperative Agreements” report (EPA Form 5700-52A) annually for the duration of the project period. The current EPA Form 5700-52A with instructions can be found at https://www.epa.gov/grants/epa-form-5700-52a-united-states-environmental-protection-agency-minority-business
This provision represents an approved exception from the MBE/WBE reporting requirements as described in 40 CFR Section 33.502.
Reporting is required for assistance agreements where funds are budgeted for procuring construction, equipment, services and supplies (including funds budgeted for direct procurement by the recipient or procurement under subawards or loans in the “Other” category) with a cumulative total that exceed the Simplified Acquisition Threshold (SAT) currently, set at $250,000 (the dollar threshold will be automatically revised whenever the SAT is adjusted; See 2 CFR Section 200.1), including amendments and/or modifications. When reporting is required, all procurement actions are reportable, not just the portion which exceeds the SAT.
Recipients with expended and/or budgeted funds for procurement are required to report annually whether the planned procurements take place during the reporting period or not. If no budgeted procurements take place during the reporting period, the recipient should check the box in section 5B when completing the form.
When completing the annual report, recipients are instructed to check the box titled “annual” in section 1B of the form. For
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the final report, recipients are instructed to check the box indicated for the “last report” of the project in section 1B of the form. For section 2B, the Region 9 EPA DBA Coordinator is Fareed Ali, email: [email protected], phone: 415-972- 3665.
The annual reports are due by October 30th of each calendar year and the final report is due within 120 days after the end of the project period, whichever comes first. The recipient will submit the MBE/WBE report(s) and/or questions to [email protected] and the EPA Grants Specialist identified on page 1 of the award document.
D. Indirect Costs
The Cost Principles under 2 CFR Part 200, Subpart E apply to this award. Since there are no indirect costs included in the assistance budget, they are not allowable under this Assistance Agreement.
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Programmatic Conditions
a.] Performance Reporting and Final Performance Report
The recipient shall submit submit quarterly progress reports to the EPA Project Officer within 30 calendar days after the end of each Federal fiscal quarter (January 31, April 30, July 31, and October 31).The progress reports should include:
- a discussion of the activities conducted during the two quarters (including a comparison of actual accomplishments with the anticipated outputs and outcomes specified in the workplan), - progress towards milestones,
- problems encountered with achieving outputs and outcomes, and their resolution, - activities planned for the next two quarters,
- a financial accounting of costs incurred during the reporting period, - cumulative project costs (EPA and match amounts) since the beginning of the project, by task, and - identification of any special EPA assistance needed, and an explanation of any cost overruns.
The recipient will notify the EPA Project Officer if something materially impairs their ability to complete the tasks and deliver the products, outputs and outcomes identified in the workplan. Within 120 days of the end of the project period, the recipient must submit 1 hardcopy of the final report, documenting project activities over the entire project period and the recipient's achievements with respect to the project's purposes and objectives. The final report must also be submitted electronically (by Email) to the EPA Project Officer.
Subaward Reporting
The recipient must report on its subaward monitoring activities under 2 CFR 200.331(d). Examples of items that must be reported if the pass-through entity has the information available are:
1. Summaries of results of reviews of financial and programmatic reports.
2. Summaries of findings from site visits and/or desk reviews to ensure effective subrecipient performance.
3. Environmental results the subrecipient achieved.
4. Summaries of audit findings and related pass-through entity management decisions.
5. Actions the pass-through entity has taken to correct deficiencies such as those specified at 2 CFR 200.331(e), 2 CFR 200.207 and the 2 CFR Part 200.338 Remedies for Noncompliance.
b.] Grant Source Recognition
The recipient should publicly acknowledge the US EPA San Francisco Bay Water Quality Improvement Fund as the funding vehicle for the projects when the grantee is asked by public entities, federal agencies or state and local agencies about the projects and on-going results.
c.] Competency of Organizations Generating Environmental Measurement Data
In accordance with Agency Policy Directive Number FEM-2012-02, Policy to Assure the Competency of Organizations Generating Environmental Measurement Data under Agency-Funded Assistance Agreements, recipient agrees, by entering into this agreement, that it has demonstrated competency prior to award, or alternatively, where a pre-award demonstration of competency is not practicable, the recipient agrees to demonstrate competency prior to carrying out any activities under the award involving the generation or use of environmental data. The recipient shall maintain competency for the duration of the agreement’s period of performance, and this will be documented during the annual reporting process. A copy of the Policy is available online at http://www.epa.gov/fem/lab_comp.htm, or a copy may also be requested by contacting the EPA project officer for this award.
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d.] Quality Assurance Project Plan
In accordance with 2 CFR 1500.11, the recipient must develop and implement quality assurance and quality control procedures, specifications and documentation that are sufficient to produce data of adequate quality to meet project objectives. Recipients implementing environmental programs within the scope of the assistance agreement must submit to the EPA Project Officer an approvable Quality Assurance Project Plan (QAPP) at least 60 days prior to the initiating of data collection or data compilation. The Quality Assurance Project Plan (QAPP) is the document that provides comprehensive details about the quality assurance, quality control, and technical activities that must be implemented to ensure that project objectives are met. Environmental programs include direct measurements or data generation, environmental modeling, compilation of date from literature or electronic media, and data supporting the design, construction, and operation of environmental technology. The QAPP should be prepared in accordance with EPA QA/R-5:
EPA Requirements for Quality Assurance Project Plans. No environmental data collection or data compilation may occur until the QAPP is approved by the EPA Project Officer and Quality Assurance Regional Manager. When the recipient is delegating the responsibility for an environmental data collection or data compilation activity to another organization, the EPA Regional Quality Assurance Manager may allow the recipient to review and approve that organization's QAPP.
Additional information on these requirements can be found at the EPA Office of Grants and Debarment Web Site:
https://www.epa.gov/grants/implementation-quality-assurance-requirements-organizations-receivingepafinancial
e.] Cybersecurity
(a) The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by following all State or Tribal law cybersecurity requirements as applicable.
(b)(1) EPA must ensure that any connections between the recipient’s network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of this Section, a connection is defined as a dedicated persistent interface between an Agency IT system and an external IT system for the purpose of transferring information. Transitory, user-controlled connections such as website browsing are excluded from this definition.
If the recipient’s connections as defined above do not go through the Environmental Information Exchange Network or EPA’s Central Data Exchange, the recipient agrees to contact the EPA Project Officer (PO) no later than 90 days after the date of this award and work with the designated Regional/Headquarters Information Security Officer to ensure that the connections meet EPA security requirements, including entering into Interconnection Service Agreements as appropriate.
This condition does not apply to manual entry of data by the recipient into systems operated and used by EPA’s regulatory programs for the submission of reporting and/or compliance data.
(b)(2) The recipient agrees that any subawards it makes under this agreement will require the subrecipient to comply with the requirements in (b)(1) if the subrecipient’s network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or EPA’s Central Data Exchange. The recipient will be in compliance with this condition: by including this requirement in subaward agreements; and during subrecipient monitoring deemed necessary by the recipient under 2 CFR 200.332(d), by inquiring whether the subrecipient has contacted the EPA Project Officer. Nothing in this condition requires the recipient to contact the EPA Project Officer on behalf of a subrecipient or to be involved in the negotiation of an Interconnection Service Agreement between the subrecipient and EPA.
***** END OF DOCUMENT *****
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May 13, 2020
Proposal for US EPA San Francisco Bay Water Quality
Improvement Fund, FY 2020
US EPA Region 9
EPA-R9-SFBWQIF-20-01
Greening Parking Facilities for a
Sustainable Community
Proposed by
In partnership with
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Greening Parking Facilities for a Sustainable Community US EPA San Francisco Bay Water Quality Improvement Fund, FY2020 Proposal Narrative
May 2020 1
Greening Parking Facilities for a Sustainable Community Project: Proposal
1. Abstract
The Greening Parking Facilities for a Sustainable Community: Design, Maintenance, Water Quality Benefits, and Workforce Development (Project) will provide water quality benefits by constructing green stormwater infrastructure (GS I) retrofits at two existing parking lo ts. Additionally, the Project will develop a Guidebook for Greener Parking Facility Design and a certi fied workforce training framework for GSI maintenance and provide community outreach and maintenance by trained partners and city staff . Th ese components will pave the way for future GSI projects, engage the public, and strengthen interagency collaboration.
Over the Project’s four-year timeframe, outcomes will include two multi -benefit GSI projects in the Cities of Palo Alto and Santa Clara, reducing stormwater runoff and associated pollutant transport. The Project will capture 80% of the runoff from the treatment area, provide 282,000 gallons per year of stormwater retention on average, reduce pollutant loading to the Bay by 13.4-20mg/year PCBs, 18-25 mg/year Hg, and 1.9-2.8 million particles/year microplastics (dependent on final designs). Public engagement events will be conducted, and an active collaboration of six agencies and nonprofits will achieve Project outcomes. The Project benefits will be amplified throughout the region and state as other agencies draw on this Project to model their own future GSI projects.
2. Water Quality Improvement
Watershed and Project Location Description
The two proposed parking lot GSI retrofit projects, one in the City of Palo Alto (Palo Alto) and the other in the City of Santa Clara (Santa Clara), are located in two different watersheds within the Basin, the portion of Santa Clara County that drains to the San Francisco Bay (Bay). Rainfall in the parking lots of both cities average 15-17 inches per year.
The Palo Alto parking lot is in the San Francisquito Creek watershed, which covers 47.5 square miles in northwestern Santa Clara County and southeastern San Mateo County. The parking lot is located on Lytton Avenue and Emerson Street in one of the older neighborhoods of Palo Alto that are designated as ‘regional/community commercial use’ within the Downtown district (primarily surrounded by restaurants, with a Caltrain st ation about 0.2 miles away) . The existing lot contains 68 stalls. The drainage management area (DMA) is 20,310 square feet (sq. ft.), with an impervious area of 17,560 sq. ft. within the parking lot. PCB and Hg loading rates are expected to reflect general urban sources associated with a long developed urban area (built in early 1900s) well before the peak use periods of those in the 1970s.
The Santa Clara parking lot is located within Bowers Park in the Saratoga Creek subwatershed of the San Tomas Aquino Creek watershed, covering approximately 45 square miles . The parking lot is located off Cabrillo Avenue in one of the older neighborhoods of Santa Clara. The existing lot contains 15 stalls and has one entrance off Cabrillo Avenue, and due to its park location, there is adequate vegetation nearby. The DMA, 26,750 sq. ft., is an entirely impervious parking lot (7,750 sq. ft.). Loads of pollutants in the area likely reflect general urban sources associated with developments from the 1950s.
Water Quality Impairments
Receiving water quality in the Santa Clara Basin is threatened by urbanization, stormwater runoff and legacy pollutants , leading to stream channels altered for flood control purposes, riparian forests converted to urban land uses, and limited opportunities for stormwater infiltration, increasing peak rates of runoff. Stormwater runoff conveys trash, sediments, nutrients, pesticides, and metals directly to receiving waters. Historic mining operations, a cement plant, and air deposition have released mercury into the watershed, and polychlorinated biphenyls (PCBs) have been detected at high concentrations in old industrial and old urban areas.
Furthermore, recent studies1 have shown that storm drains discharge a significant amount of the microplastics and microparticles found in San Francisco Bay, as runoff picks up plastic litter, rubber debris from tires, and other sources and carries it to the Bay.
Discharges of stormwater and dry weather runoff from municipal separate storm sewer systems (MS4 s) in the watershed are covered under the San Francisco Bay Municipal Regional Stormwater Permit (MRP) and associated waste discharge requirements. The MRP contains requirements for implementing urban runoff controls consistent with four Total Maximum Dail y Loads (TMDLs) that apply to the Basin: the Bay and Guadalupe River Watershed Mercury TMDLs; the San Francisco Bay PCBs TMDL; and the TMDL for Diazinon and Pesticide-Related Toxicity for Urban Creeks. The MRP also contains provisions for trash load reduction and copper site-specific objectives.
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May 2020 2
Approach to Addressing Water Quality Impairments: Green Stormwater Infrastructure The Project will implement GSI measures, specifically bioretention and potentially pervious pavement, in two impermeable parking lots that drain directly into the storm drain system. A study of the performance of a bioretention system located along a maj or urban corridor in El Cerrito during 2012 -2017 showed that the bioretention system achieved significant pollutant reducti ons.
Comparing effluent to influent samples, PCBs and suspended sediment were reduced by over 90%, total mercury and methyl mercury were reduced by 37% and 49%, respectively, and total copper was reduced by 68%. In addition, analyses of microplastics and microparticles showed that over 90% of these materials in urban stormwater were retained by the bioretention system.2 Green Stormwater Infrastructure (GSI) Plans
The MRP requires permittees to develop and implement GSI Plans (Plans), which are the guiding documents for how agencies will include “low impact development drainage design into storm drain infrastructure on public and private lands, including streets, roads, storm drains, parking lots, building roofs, and other storm drain infrastructure elements .” Plans identified and prioritized potential GSI project locations based on their feasibility and ability to provide multiple benefits. Both of the identified p arking lot sites, Palo Alto Parking Lot A (Lot A) and the Santa Clara Bowers Park parking lot ( Bowers Park), are located on parcels that were prioritized for potential GSI projects within each of the cities’ individual GSI Plans3. Completed in 2019, these plans identify how the agencies intend to implement GSI measures to improve water quality and develop a more sustainable storm drain system.4 These projects are also posted in the Stormwater Resource Plan (SWRP) for the Santa Clara Basin5.
Lot A is 15,350 sq. ft., of which 86% is impervious . The bioretention systems are expected to treat 87% of the impervious area, or about 11,485 sq. ft. If it is assumed that an older urban commercial area produces about 40 ng/L runoff of PCBs, 63 ng/L runoff of Hg and 5 particles/L runoff annually, with bioretention capturing 80% PCBs, 65% Hg ad 90% microplastics on average6. About 20% bypass could be expected due to high rainfall intensity during some storms or trash blockages. It is anticipated that 9.4 mg/ year of PCBs, 12 mg/year of Hg and 1.3 million particles per year of microplastics may be retained and not discharged to the Bay.
The Bowers Park parking lot has approximately 7,750 sq. ft. of impervious area and receives runoff from adjacent roofs (19,000 sq. ft.). The entire parking lot will be regraded and repaved. The feasibility of two bioretention systems will be evaluated to treat solely the parking lot, or in addition, to also treat the adjacent roofs, which would treat approximately 68% of the impervious area and 100% of the roof runoff . Using the same style of estimation and assumptions specific to old urban residential area , it is anticipated that 4-20 mg/year of PCBs, 6-25 mg/year of Hg, and 0.6-2.8 million particles per year of microplastics will be retained and not discharged to San Francisco Bay. The pollutant reductions will be tied to the selected bioretention design.
Link to EPA’s Strategic Plan
Based on the expected outcomes, the Project directly supports the following goals and objectives of EPA’s FY 2018-22 Strategic Plan:
• Goal 1: A Cleaner Healthier Environment, Objective 1.2: Provide for Clean and Safe Water. The Project will improve the quality of runoff that ultimately reaches surface water bodies and the Bay. • Goal 2: More Effective Partnerships, Objective 2.2: Increase Transparency and Public Participation. The Project will implement public outreach, education and community events to allow for public participation and meaningful engagement as the Project is implemented.
3. Project Activities
Task 1: Parking Lot Retrofits
Implementing Agency: Palo Alto (lead), partnering with Santa Clara , San Francisco Estuary Institute (SFEI), and Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) Description: The Parking Lot Retrofits task will retrofit two s urface parking lots with GSI and other sustainable features.
Preliminary design work for the parking lot retrofits has been completed by S CVURPPP. As the grant recipient, Palo Alto will release a request for proposals to complete the design and construction of both projects. However, both cities intend to be involved in the consultant review and selection in order to maximize resources. Both cities will adhere to EPA procurement, hiring and grant requirements, with Palo Alto providing oversight.
One Project site will be Lot A in downtown Palo Alto. This site is used for parking and also by local restaurants that store their refuse and waste oil on -site, all of which create pollutants that can discharge to stormwater and have resulted in several illicit discharges due to neglected storag e. The retrofit is anticipated to include GSI (bioretention areas and pervious paving); bike parking; new trees and improvement of existing trees retrofitted with soil cell systems to increase root space; interpretive signage;
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electric vehicle charging stations; energy -efficient lighting ; and safe pedestrian circulation elements. In addition, a refuse management area is planned that includes design features to minimize illicit discharges. Finally, feasibility of designing the lot as a weekend event space and resource for the community and local businesses will be evaluated. The two-block distance from this lot to a commuter rail line increase s its viability as a community asset. Project construction would consist of demolition of some existing pavement; soil excavation and off -hauling; storm drain connection; striping and pavement marking; electrical work for lighting; and installation of bike parking, GSI and the irrigation system.
The second Project site will be Bowers Park parking lot in Santa Clara. Bowers Park is located near the Youth Activity and Teen Center, Bowers Elementary School, and Cabrillo Middle School, which make this GSI Project a viable candidate for a watershed education program with the local schools. Schools had been identified to be of moderate trash generation level. Activities include design and construction of the parking lot retrofit and improvements to an access dri veway. Project construction is planned to involve removal of existing pavement; regrading; soil excavation and off-hauling; utility relocation; installation of bioretention areas, plantings and irrigation system; curb and wheel stops; interpretive signage; and safe pedestrian circulation elements.
Finally, SFEI will conduct water quality monitoring at each parking lot site to assess water quality outcomes per a monitoring plan and statement of procedures. Water quality will be monitored at inflows of each parking lot during two wet seasons after construction is complete, providing data on water quality runoff into the bioretention units, allowing analysis of bioretention effectiveness. Following the methods developed in the El Cerrito bioretention study pre viously mentioned, soil profile coring will be conducted at both sites after construction and after water quality monitoring of the inlets. Soil profile coring provides the necessary information to estimate mass capture in bioretention units as well as provides important information about maintenance requirements. At the Santa Clara lot, since it is anticipated that there will be a water quality improvement associated with pavement replacement, data will be collected before the retrofit from storm drain inlets and compared to samples taken at the inlet after the retrofit is completed. This will allow for not only an estimate of performance of the bioretention cells but also an estimate of mass reduced from the pavement replacement. The data collected will be quality assured, submitted to California Environmental Data Exchange network statewide database (CEDEN) and interpreted in the context of the other performance studies so far completed in the Bay Area. Additionally, SFEI will train city staff in procedures to ensure long-term monitoring continues.
Deliverables:
• Final Design
• As-built plans
• Photographic documentation of Project
progression
• Monitoring Plan
• Quality Assurance Project Plan
• Documentation of water quality results
Task 2: Guidebook for Greener Parking Facility Design
Implementing Agency: Palo Alto (lead), partnering with SCVURPPP, Santa Clara, SFEI, County of Santa Clara, Grassroots Ecology (Grassroots), and San Jose Conservation Corps (SJCC)
Description: Palo Alto and partners will develop the Guidebook for Greener Parking Facility Design (Guidebook), which will include resources and lessons learned that could be applied to other parking lots throughout the Bay Area and California. The Guidebook will contain parking lot GSI design elements and guidelines; descriptio n and methods for quantifying benefits of sustainable features; model guidelines and policies; and documentation of the two retrofit pilots. Documentation will include design details, maintenance and capital costs, estimated life cycle costs, water quality outcomes, multiple benefits provided, cost -benefit analysis, and lessons learned. The Guidebook will also include evaluation of the installation and maintenance feasibility (by staff, contractors and participating partners) of available products and vendors. SFEI will serve as an advisor regarding the monitoring component and will analyze results. Grassroots Ecology, a location habitat restoration organization , will serve as an advisor regarding native plant selection, installation and maintenance, and SJCC, a local organization focusing on teaching soft skills and outdoor career s kills to members of disadvantaged communities, will provide feedback regarding the feasibility of maintenance by its crews.
Deliverables:
• Guidebook document and as fact sheet (electronic format for posting and dissemination and limited printed copies) Task 3: GSI Maintenance Training and GSI Maintenance Work Force Program Framework (Framework) Implementing Agency: Palo Alto (lead), partnering with SCVURPPP, Santa Clara, County of Santa Clara, Grassroots, and SJCC Description: Both cities use two different models of GSI maintenance (Palo Alto using a contractor and Santa Clara using staff); however, neither current framework allows maintenance of GSI measures at optimal levels, as GSI maintenance requires more labor- intensive techniques and different expertise than traditional landscape maintenance. An advisory committee of local municipalities,
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local workforce development organizations and other interested stakeholders will evaluate existing GSI maintenance training programs and models in North America, select a program to test during this Project period, and investigate the feasibility of creating a regional workforce training program for maintenance of GSI measures. The c ities will then host a training program/organization , and attendees would be able take an exam to pass the training and obtain a certification in GSI Maintenance, if feasible.
All training program participants will take pre - and post-surveys to evaluate GSI knowledge and understanding, which the advisory committee will use in its evalu ation of effectiveness of the effort. Staff from both C ities will also evaluate the work conducted to determine if appropriate practices and skills are taught through the training program and how they are subsequently applied at the retrofitted sites. At the same time, the Committee will assess available workforce development programs focusing on GSI maintenance to determine a Framework for the Bay Area and which organizations and stakeholders should be involved in program development. At the end of the Project period, partners will be clear about next steps and will have planned how to move forward with the Framework in hand.
Deliverables:
• Copies of training materials and curriculum
• Final Report, including lessons learned and documentation of evaluation (hard copy and in electronic format for posting and dissemination)
Task 4: Community Engagement and Education
Implementing Agency: Palo Alto (lead), partnering with SCVURPPP, Santa Clara, SFEI, County of Santa Clara, Grassroots Ecology (Grassroots), and San Jose Conservation Corps (SJCC)
Description: This task will include community engagement and education efforts, both in the classroom and field, for various ages by Palo Alto, Santa Clara, Grassroots, and SJCC.
During design of the Lot A retrofits, Palo Alto plans to conduct a community engagement process to solicit and incorporate input from residents and businesses located in the Downtown district. This process will include introducing the Project concept to the Downtown Business Improvement District and Chamber of Commerce; door-to-door outreach to nearby businesses; a minimum of three public meetings; discussions with nearby businesses to solicit input and provide education on stormwater pollution and refuse management; and a drop-in information table at the parking lot. In addition, staff will provide updates to the City’s Stormwater Management Oversight Committee (which oversees use of funds from Palo Alto’s Stormwater Management Fee) and Parks and Recreation Commission as well as City Council. During design of the Bowers Park parking lot, Santa Clara expects to conduct a community engagement process to solicit and incorporate input from stakeholders, which will include public meetings and outreach to park users.
In Santa Clara, Grassroots will conduct public outreach to the neighboring schools to provide hands -on service-learning projects.
Over a period of two years, Grassroots will work with 10 classes conducting activities that may include students learning about stormwater pollution, planting of native plants, and pollinator observations. Furthermore, Grassroots will lead on-site training days on GSI maintenance with a crew of SJCC and Santa Clara staff.
Palo Alto and Grassroots will hold annual community educational workshops about stormwater quality, pollution prevention, GSI, and native plants and a monitoring educational event at the Project site, where SFEI will give a demonstration of water quality data collection. Staff will join Grassroots to provide classroom presentations at the SJCC Charter High School and will also hold a career panel with guest speakers from various stormwater management fields at the SJCC campus.
Deliverables:
• Copies of outreach and educational materials (electronic format for posting and dissemination and limited hard copies) • Copies of presentation materials (electronic format for posting and dissemination and limited hard copies) • Documentation of outreach event advertisements
4. Resiliency
Climate change is expected to affect the Bay Area in many ways, including an increase in dry and wet extremes, more intense winter storms, and increases in annual maximum temperature. The Parking Lot Retrofits task will reduce impervious surface area and facilitate infiltration of stormwater. Trash, sediment, metals, PCBs, and microplastics , which harm downstream ecosystems, will be captured, increasing the Bay ecosystem’s resilience to climate change stressors.
GSI measures such as trees with soil cells will be installed to allow greater root growth, and therefore, increase shade for the area.
The retrofits will reduce these urban heat island impacts, which are expected to be exacerbated by climate change. Task 1 will also
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include landscaping with drought -tolerant native plants, which will reduce the water needs of the site compared to existing landscaping. Climate change impacts on California’s water supply are expected to be significant and will be exacerbated by more frequent and intense drought events. Through use of carefully selected plant species , the r etrofits will help reduce outdoor water demands on the site and preserve limited water supplies for essential household uses. In terms of energy use, the Project will install energy-efficient lighting to reduce electricity demands and the associated carbon footprint. Electric vehicle charging stat ions will be installed, which are each estimated to reduce emissions by 2.75 metric tons of CO 2 equivalent per year. The parking lots will also include bike parking in order to encourage biking, which will reduce travel-related emissions.
The Project will also develop reference materials and programs that will facilitate construction and maintenance of GSI projects in the Bay Area, California, and potentially nationwide, and ensure associated resiliency benefits are maintained into the future. Community and institutional support are key to successful GSI implementation. Through multiple Program components (Guidebook, Framework, and Community Engagement and Education), Palo Alto and partners will develop tools that other agencies can use to streamline implementation of their own GSI projects. Palo Alto will also conduct extensive community outreach to educate the public on GSI benefits and garner support for GSI projects. Palo Alto citizens are particularly engaged in public projects, so community ed ucation about GSI will help smooth the way for construction of future projects. This will benefit land use planning in the cities by promoting future GSI projects which will improve watershed management.
5. Timeline
The following timeline assumes a Project award date of September 1, 2020 and a period of four years. Preliminary concept planning has been conducted, though site visits were limited due to the Coronavirus pandemic. A design consultant will need to be selected in order to conduct site visits and create a det ailed design. The design process will be adapted in each city to meet community needs and culture. In Palo Alto, a comprehensive public input process will be conducted, which may result in the two retrofits not being aligned during the construction process . However, every attempt will be made to carry out the bid process for both retrofits in a coordinated manner to support costs efficiency. In both cities, local city officials, residents, and businesses are aware of these Project locations through respective GSI Plans, which were completed in September 2019. In addition, both cities have confirmed the 50% matches (see attached grant project form from Palo Alto and letter of support from Santa Clara), and based on this informatio n, the Project has a high likelihood of implementation.
Task 1: Parking Lot Retrofits
• Parking Lot Retrofit (approximate schedule for both cities) o Design:
RFP preparation, including site visits, and City Council approval: September 2020 – November 2020 Purchasing process to post RFP: November 2020 – January 2021 RFP and Consultant Selection for Design: January – February 2021 Retrofit Design, including internal review and public process: March 2021 – September 2021 o Construction:
Bid Preparation and Advertisement: October - November 2021 Contract Award and Contracting, including City Council Approval: December 2021 – February 2022 Project Permitting and Construction: March – October 2022 o Monitoring, pre and post-construction: November 2021 – March 2024 (pre-construction sampling in Santa Clara) Task 2: Guidebook for Greener Parking Facility Design
• Gather Committee: January 2021
• Committee Meetings: March 2021 – March 2023
• Develop Guidebook Outline: May 2021 – August 2021 & Committee Review: August – September 2021 • Develop 1st Draft of Guidebook: October 2021 – April 2022 & Committee Review: May - June 2022 • Develop 2nd Draft of Guidebook: July – December 2022 & Committee Review: January – June 2023 • Finalize Guidebook: May 2024 (to allow for monitoring results) • Presentations to City Committees/Commissions: November 2023 – February 2024 • Presentation at CASQA or other water quality conference: Approximately Fall 2024 (if CASQA) or to be determined Task 3: GSI Maintenance Training and GSI Maintenance Work Force Program Framework • Gather Committee: September 2020
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• Committee Meetings: October 2020 – October 2023
• Evaluate and Select GSI Maintenance Training Program: January 2021 – May 2021 • Training Conducted: Summer 2021
• Evaluate GSI Maintenance Work Force Programs: June 2021 – June 2022 • Develop Framework for South Bay/Bay Area program: July 2022 – December 2022 • Draft Final Report: January 2023 – June 2023
• Presentations to City Committees/Commissions: September – October 2023 • Presentation at CASQA or other water quality conference: Approximately Fall 2023 (if CASQA) or to be determined Task 4: Community Engagement and Education
• Conduct community presentations and outreach: September 2020 - September 2023 • Conduct community educational workshops: September 2021 – September 2023 • Conduct community events to replant bioretention areas: September 2021 – September 2023
6. Comprehensive Conservation and Management Plan
The Project’s contribution to the San Francisco Estuary Partnership’s Comprehensive Conservation and Management Plan (CCMP) Objectives and Actions is summarized in the following table.
Objective/
Action Description of Implementation
Obj. A Project will reduce impervious surface area to reduce pollutant loading from runoff.
Obj. B Project will reduce pollutant loading to the Bay, thereby protecting the natural community.
Obj. C Project will include monitoring to assess efficacy of parking lot retrofits and track benefits.
Obj. G Project will improve flow patterns by adding pervious pavement to reduce surface runoff.
Obj. H Project will reduce transport of pollutants from urban environments to natural communities.
Obj. I Project will educate and engage public at numerous educational meetings and events.
Obj. J Project will engage stormwater practitioners across agencies and governing bodies.
Obj. K Project will coordinate among agencies to produce resources that will streamline implementation of future projects.
Action 18 Project will slow and infiltrate urban runoff.
Action 21 Project will replace existing landscaping with native drought-tolerant vegetation.
Action 24 Project will construct LID retrofits at existing parking lots.
7. Outputs and Outcomes
The following table summarizes outputs and outcomes resulting from implementation of the Project.
Outputs & Outcomes Summary Table
OUTPUTS (activity, effort, and/or
work product during project
period)
OUTCOMES (quantitative environmental results)
SHORT-TERM (1-5YRS) LONG-TERM (5-20+YRS)
Task 1: Parking Lot Retrofits
Activity: Design and retrofit two
priority parking lots with GSI,
implementing bioretention areas,
potentially pervious pavement, tree
plantings and refuse containers.
Work Product: Two (2) GSI
retrofitted parking lots
• Treat surface water from 23,100 ft2 of impervious parking lot prior to discharge to storm drains that drain to the Bay • 4-20 mg/year of PCBs, 6-25 mg/year of Hg, and 0.6-2.8 million particles per year of microplastics
• Reduce heat islands/increase resiliency by planting trees as part of the project design and approximately retrofitting 14 trees with soil cells for improved root growth and additional shading
• Reduce pollutant loading to the
Bay, including those associated
with the variety of uses in Palo
Alto parking lot
• Reduce stormwater runoff, reduce
urban temperatures, and increase
carbon storage and rainfall
interception
• Continued support of the San
Francisco Bay PCB and Mercury
TMDLs
• Reduce heat islands/increase
resiliency
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Outputs & Outcomes Summary Table
OUTPUTS (activity, effort, and/or
work product during project
period)
OUTCOMES (quantitative environmental results)
SHORT-TERM (1-5YRS) LONG-TERM (5-20+YRS)
Task 2: Guidebook for Greener
Parking Facility Design
Activity: Develop guidance for
retrofitting parking lots
Work Product: Guidebook posted
online and disseminated via email
distribution lists for widespread use
• Posted to a minimum of 7 City and partner websites
• Disseminated to Partner distribution lists, reaching >1,000 residents and practitioners
• Announced to cities’ Facebook and Twitter pages
• 6 Advisory Committee meetings
• 50 hard copies disseminated to City Committee and
Commission members and partners
• Two presentations to regional groups and committees
• One presentation at the California Stormwater Quality Association or other water quality conference
• Guidebook posted to partner
websites
• Guidebook replicated and used by
other agencies.
Task 3: GSI Maintenance
Training and GSI Maintenance
Work Force Program Framework
Activity: Develop a training
program for GSI maintenance to
ensure the GSI performs at optimal
levels. Also develop a framework
for a GSI work force development
program
Work Product: Training materials
and curriculum for GSI
maintenance, Report of
maintenance workforce framework
• 36 people trained from both Cities, Grassroots and SJCC • 36 people pass training exam and receive certification, where feasible
• 216 volunteer hrs
• 10 workdays for SJCC,10-12 members each workday; for
retrofitted parking lots
• 16 bioretention areas replanted (approximately 5,200 SF), leveraged through Valley Water grant (also under Task 4) • 30 SJCC educated about GSI as well as stormwater
management careers
• Two presentations to regional groups and committees
• One presentation at the California Stormwater Quality Association or other water quality conference
• Continued implementation of the
GSI maintenance training
program
• Trained staff from both cities that
will serve as maintenance leads
and trainers for future staff and
contractors
Task 4: Community Engagement
and Education
Activity: Conduct community
engagement about stormwater
quality and management, conduct
watershed education outreach to
students.
Work Product: Outreach and
educational materials, and
community events to replant
bioretention areas
• 10 classes of students educated in classroom and at site over a period of 2 years
• 600 volunteer hrs
• 16 bioretention areas replanted (approximately 5,200 SF), leveraged through Valley Water grant (also under Task 3) • One bioretention area (approx. 1,700 SF in Bowers Park) planted.
• Ongoing community engagement
in and support of GSI projects
• Ongoing volunteer support to
maintain bioretention areas
8. Metrics
Palo Alto staff will hold meetings on a quarterly basis (at minimum) with partners to ensure the Project is being conducted according to the timeline and will track all outcomes through a process of regular surveys and spreadsheets and document results and progress in quarterly reports to EPA and Project partners . The above described outputs will be accurately tracked and reported and are expected to provide beneficial outcomes that will both directly and indirectly improve environmental water quality in the short and long term. The following discussion provides a summary of the context, timeframe, and tracking that will be achieved to measure the outcomes described above.
Task 1: Parking Lot Retrofits
Context: Task 1 is expected to provide surface water treatment, pollutant load reductions, reduction of heat islands, and increase resiliency in the quantities described above in the short- and long-term outcomes. Surface water treatment and pollutant load reductions will contribute towards achievement of the TMDLs over 20 years. Santa Clara County has pollutant load reduction requirements under the San Francisco Bay PCB and Mercury TMDLs and is mandated to meet set targets for capturing stormwater that will be supported through implementation of the Project. Timeframe: Parking lot GSI retrofits are expected to provide these outcomes over the long-term (20 years), particularly in combination with the maintenance training program to be developed under
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Task 3 of this Project. Tracking: Stormwater monitoring program will be implemented, including a Quality Assurance Project Plan (QAPP), quarterly progress reports and CEDEN data uploads. Post-construction performance tracking will occur for three years after construction completion, with the first two years conducted during the grant period and the last fully supported by each city agency. Once the project performance has been evaluated, continued performance will be ensured through implementation of the maintenance training program described under Task 3 of this proposal. In addition, each retrofit will become part of each city’s asset management program, which will ensure long-term maintenance and tracking of life cycle costs.
Task 2: Guidebook for Greener Parking Facility Design
Context: The Guidebook to be developed under Task 2 will provide valuable information for the sustainable design of parking facilities. This information will be made publicly available through posting on agency and organization websites and distributed electronically and in limited hard copies, which will be key to producing the outcomes listed above. Timeframe: The Guidebook is expected to provide these outcomes over the long term (20 years) and will be ensured through posting on multiple agency and organization websites. Tracking: Review and reporting by City of Palo Alto Stormwater Compliance Program Manager.
Task 3: GSI Maintenance Training and GSI Maintenance Work Force Program Framework Context: Development of the Framework will allow for ongoing, effective maintenance of GSI constructed through this Project as well as other GSI in the Bay Area by trained professionals . Given that there are plans in place that identify priority areas for GSI implementation and that the Committee membership will be diverse to ensure meeting stakeholder(s) needs, it is expected that this Program will be used into the future to ensure long-term effectiveness of GSI. Timeframe: The training program and Framework are expected to provide these outcomes over the long term (20 years) as materials will be developed for public use, and will support GSI maintenance to be implemented through this Project and beyond this period, as well as other GSI in the Bay area that are already in place or will be developed. Tracking: Review and reporting by City of Palo Alto Stormwater Compliance Program Manager.
Task 4: Community Engagement and Education
Context: Community engagement and education will encourage community ownership of GSI projects as well as the larger idea of water quality in the Bay Area. By conducting outreach and education presentations as well as hosting community planting events, the outcomes described above will allow for both short-term and long-term public participation. Timeframe: Community engagement and education outcomes are expected to continue into the long term (20 years) as programs continue. Tracking: Review and reporting by Palo Alto Stormwater Compliance Program Manager.
9. Geographic Location
The attached maps (see Attachment C) provide a City-wide overview for both Lot A and Bowers Park, as well as a parcel-view of each of the retrofit locations and proposed components.
10. Budget Detail
The matching and grant requests for each Project task are shown in Table 1. The total match is 50%.
Table 1: Budget Detail
Task Match Grant Request Total
Task 1: Parking Lot Retrofits $629,483 $991,768 $1,621,251 Task 2: Guidebook for Greener Parking Facility
$272,633 $45,565 $318,198
Task 3: GSI Maintenance Training & Framework $133,357 $122,363 $255,720 Task 4: Community Engagement and Education $180,879 $56,655 $237,534 Total $1,216,352 $1,216,351 $2,432,703
Task 1: Parking Lot Retrofits
Parking lot construction costs were estimated by City engineering staff at Palo Alto and Santa Clara to include both design and construction. Palo Alto’s parking lot retrofit estimated cost is $764,423. This includes design and construction of all retrofit components, including demolition, excavation, offhauling, soil media, underdrain installation, irrigation, curb installation, utilities, trees, planting, and mulch. The total construction cost for the Santa Clara parking lot retrofits are estimated at $471,185. Activities conducted
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will include lot and driveway demolition and repaving, soil excavation and offhaul, soil media, irrigation, and curb and gutter replacement. A 10% contingency is included in the construction costs. GSI educational signage will be installed at both locations.
Personnel costs for the parking lot retrofits include 612 City of Palo Alto staff hrs (hrs) at a rate of $106.11/hour (fully -loaded rate).
This includes staff time for overall grant management and reporting progress (11 hrs per quarter for four years), contract management (16 hrs per quarter for four years), monitoring plan preparation (20 hrs), QAPP preparation (20 hrs ), and a community monitoring event (time to prepare and conduct event, 60 hrs). Santa Clara would devote 360 hrs of staff time at a fully-loaded rate of $155.77/hour for water quality monitoring and reporting activities (e.g., monitoring plan preparation, QAPP development, contract and grant management, and community monitoring event). Grassroots would assist with the community monitoring event ( 25 hrs at a fully - loaded rate of $65/hour) hosting an estimated 14 volunteers at a value of $30/hour. Consultant costs were estimated using a fully - loaded rate of $220/hour. Over the 4 -yr period, c onsultant time was estimated at 9 hrs/quarter for grant management and 6 hrs/ quarter for contract management. The budget includes $134,274 for support from San Francisco Estuary Institute for preparation of the monitoring plan and procedures, sampling training of City staff , sampling activities and final reporting. Lab analysis costs were estimated at $74,220, based on typical testing rates and 16 sampling events. Costs for monitoring supplies were estimated at $2,000.
Task 2: Guidebook for Greener Parking Facility Design
Development of the Guidebook is expected to require 984 hrs of Palo Alto staff time (at $106.11/hour), 135 hrs of SCVURPPP member time (estimated at $220/ hour), 480 hrs of Santa Clara staff time (at $155.77/hour), 105 hrs of County of Santa Clara staff time, and 610 hrs from Project partners (includes staff from various SCVURPPP agencies and other organizations). 189 hrs of contract time (Grassroots and SJCC, each at $65/hour) will be provided toward this task . This staff time will cover: gathering a Palo Alto advisory committee ; 4 Palo Alto committee meetings ; gathering a Project Advisory Committee ; preparing for and conducting 6 Advisory Committee meetings; developing the Guidebook outline; committee and partner review of the outline; first and second drafts; preparation of the public draft Guidebook; dissemination of the Guidebook for public review; development of final Guidebook; partner and committee review of final Guidebook; design of final Guidebook; and preparation of hard copy Guidebooks.
Costs for mileage for meeting attendance are estimated at a total of $86.25 (57.5 cents/mile, a total of 150 miles across all meetings).
Costs for printing meeting materials, draft Guidebooks, and designing and printing the final Guidebook are estimated at $8,250.
Contractor costs for this task include 24 hrs of consultant support at meetings (at $220/hour), 40 hrs for the first draft Guidebook, 30 hrs for t he second draft Guidebook, 30 hrs for the final Guidebook, and approximately 18 hrs to assist with design of the final Guidebook (including taking photos) in order to be able to share Project information broadly.
Task 3: GSI Maintenance Training and Evaluation of Development of GSI Maintenance Work Force Program Framework
Development of the training program is expected to require 615 hrs of Palo Alto staff time (at $106.11/ hour), 45 hrs of SCVURPPP member time (estimated at $220/hour), 419 hrs of Santa Clara staff time (at $155.77/ hour), 1,606 hrs of time from Project partners (Grassroots and SJCC, each at $65/hour), and 216 hrs of volunteer time (at $30/hour). This time will cover: research on existing programs and models; phone interviews/surveys; gathe ring an advisory group; preparing for and conducting four advisory group meetings; drafting a documentation manual; review of the draft manual by partners; preparation of final documentation manual; preparation for training events; training events; certification/completion exams; maintenance field training; and maintenance at retrofit sites. In addition, the following hours are leveraged by this grant beyond the 50% match , broken down as the following: 240 from Santa Clara, 120 from County of Santa Clara, 120 from Grassroots, and 240 from partners.
Costs for mileage for meeting attendance are estimated at a total of $202.40 (57.5 cents/mile, a total of 352 miles across all meetings).
A total of $3,520 in consultant costs (16 hrs at $220/hour) were included for attendance at committee meetings. Other costs total $32,000; these include completion tests for 30 people, training supplies, and miscellaneous maintenance supplies for GSI sites. Palo Alto will cover the venue rental.
Task 4: Community Engagement and Education
Community engagement and education activities under Task 4 are expected to require 951 hrs of Palo Alto staff time (at $106.11/hour), 14 hrs of SCVURPPP member time (estimated at $220/hour), 278 hrs of Santa Clara staff time (at $155.77/hour), 507 hrs of time from Project partners (Grassroots and SJCC, each at $65/hour), and 630 hrs of volunteer time (at $30/hour).This time will cover: outreach to downtown businesses by the Palo Alto; preparing for and conducting six outreach meetings aimed at the business community; preparing for and conducting two indoor outreach meetings in Palo Alto; preparing for and conducting one onsite outreach meeting (to view GSI measures) in Palo Alto; preparing, distributing, and summarizing an online survey by Santa Clara; preparing for and conducting 12 meetings with the Storm Water Management Oversight Committee; presentation to commissions and City Councils
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(for Palo Alto and Santa Clara); preparing for and conducting three community educatio nal workshops; conducting watershed education in schools in Santa Clara; holding a drop- in info table near GSI measures; SJCC staff presentations to college students; and a career panel held by SJCC. The cost for training and maintenance field training ($150,141) are excluded from the grant request and cost share, and will be considered additional leveraged funds.
Costs for mileage for meeting attendance are estimated at a total of $101.20 (57.5 cents/mile, a total of 176 miles across all meetings).
Costs for presentation materials and other supplies were estimated at a total of $25,000. These include: production of hard copy meeting materials at various meetings; plant materials and planting supplies; and workshop materials.
11. Programmatic Capability and Past Performance History Palo Alto’s Public Works Department has entered into the following grant funding agreements in the past three years and successfully met all objectives:
• Caltrans, Highway Safety Improvement Program, HSIPL -5100(029), awarded $946,170 for street maintenance and safety improvements.
o Met all Caltrans timelines including Field Review Meeting, Right of Way Certification, Plans, Specifications & Estimate (PS&E) submittal. Currently preparing construction contract in compliance with federal requirements and Local Assistance Procedures Manual (LAPM) guidance; construction estimated to begin in Fall 2020. Project is not yet constructed therefore information regarding progress on achieving expected outputs. Project is not expected to provide monitoring related to outcomes.
• Caltrans, One Bay Area Grant 2, STPL-5100(028), awarded $1,009,000 for various street resurfacing projects. o Met all Caltrans timelines including Fie ld Review Meeting, Right of Way Certification, PS&E submittal. Currently preparing construction contract in compliance with federal requirements and LAPM guidance. Advertised for bids in early 2020. Project is not yet constructed (expected completion July 2020) therefore information regarding progress on meeting outputs is not available. Project is not expected to provide monitoring related to outcomes. • Caltrans, One Bay Area Grant 2, CML-5100(027), awarded $4,350,000 f or construction of bicycle/pedestrian bridge over Highway 101.
o Advertised and awarded the project in accordance with the Caltrans LAPM, including obtaining necessary permit approvals from Caltrans before advertising the project (such as encroachment permit and E -76 “Authorization to Proceed”). Prepared construction contract in compliance with federal requirements and LAPM guidance. Obtained approval from Caltrans on the Source Inspection Quality Assurance Plan, a requirement of the encroachment permit. Conducted project administration and document control following Caltrans Construction Manual and LAPM guidelines. Project is not yet constructed (expected completion Summer 2021) therefore information regarding progress on achieving expected outputs is not available. Project is not expected to pro vide monitoring related to outcomes.
• CalRecycle, Rubberized Pavement Grant Program, TRP9 -17-0065, awarded $125,300 for repaving using rubberized asphalt.
o This is the City’s fourth rubberized asphalt grant from CalRecycle. Prepared technical specifications in accordance with CalRecycle material requirements, met grant deadlines, including progress reporting, payment request, and final report. Output of project (to repave using rubberized asphalt) was completed and reported, as required. Project is not expected to provide monitoring related to outcomes. • Federal Aviation Administration, Apron Reconstruction Project, 3 -06-0182-014-2018, awarded $ 11,049,587 for reconstructing apron at the airport, including laying conduit for future solar projects to bring the airport up to current FA A standards and regulations.
o Project is underway and has thus far met all required timelines.
As demonstrated above, the City has a proven track record of completing grant-funded project activities on schedule, within budget, and in compliance with necessary requirements.
Organizational Experience
Palo Alto has extensive experience successfully completing Public Works projects, ranging from multimillion-dollar projects such as the Mitchell Park Library and Community Center to smaller efforts such as various sidewalk safety improvement projects. The C ity has organizational structures in place that ensure successful project implementation. For example, the City ’s Storm Water
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Management Oversight Committee oversees the expenditure of its stormwater fee to ensure that projects completed with these funds achieve the intended outcomes. Palo Alto staff regularly provide project updates to this Committee. The Palo Alto Watershed Protection Group (WPG) has significant experience meeting regulatory deadlines such as those required by the MRP and has submitted all annual reports and regulatory products on time. Palo Alto staff will hold meetings on a quarterly basis (at minimum) with partners to ensure the Project is being conducted according to the timeline and will track all outcomes through a process of regular surveys and spreadsheets. Staff will also test the use of time tracking using an accounting software system and will work closely with financial management staff to ensure an appropriate and accountable process is in place for invoice and payment management.
Furthermore, staff will be providing P roject updates over the P roject period to senior management and City Commissions. Finally, Palo Alto and Santa Clara staff will closely oversee both the design and construction consultants and hold them to their scope of work and budget as well as any contractual requirements.
Along with 13 oth er agencies that discharge stormwater to the lower South San Francisco Bay, both Cities of Palo Alto and Santa Clara are members of SCVURPPP, an association in Santa Clara Valley supported by significant agency fees. The SCVURPPP Management Committee, consisting of one designated representative and one alternate from each member agency, meets monthly to discuss and make decisions regarding SCVURPPP business. Member agencies jointly fund SCVURPPP program management and work tasks, as established in annual work plans, per the cost -sharing formula in the MOA. As SCVURPPP is a P roject partner and provided a grant match, the association member agencies will also hold the Cities accountable.
Staff Experience
The Project will be overseen by WPG in Public Works’ Environmental Services Division, which is managed by Karin North, who has 20 plus years in the environmental field (most of them at Palo Alto) and s pecializes in environmental regulations that impact wastewater, stormwater, recycled water and air emissions. The primary lead will be Pam Boyle Rodriguez, Stormwater Compliance Program Manager, who has been with Palo Alto for over three years and has over 15 years of proven success in implementing, evaluating, and overseeing stormwater compliance, water quality i mprovement, pollution prevention, and watershed restoration programs, including eight years supporting and ensuring that Bay Area municipalities meet stormwater regulatory requirements. They will be supported by Isabel Zacharczuk, who has five years of stormwater and environmental compliance experience and became a Certified Professional in Stormwater Quality in late 2019 , and Jamie Perez, the WPG’s Management Analyst, who has over three years of experience in citywide budget development and administration, revenue and expense tracking, and analyzing financial impacts. This team has an in-depth understanding of report writing, reporting requirements, progress reporting, invoicing, and contract management. Finally, additional staff from the GSI inspection and maintenance, outreach and administrative groups will also provide support.
WPG has developed strong working relationships with Palo Alto staff across the Public Works, Transportation, and Community Services Departments, who will provide a depth of experie nce through their Committee involvement and are available to provide support as needed.
12. Expenditure of Awarded Grant Funds
The Palo Alto Project lead, with support from staff, will be responsible for ensuring that the awarded grant funds are expended efficiently and on schedule and EPA and other federal requirements are met (including 2CFR Part 200). The City has experience with reviewing construction plans and documents, project and consultant management, as well as with public engagement pro jects and partnerships similar to those that will be included in the Project. The project lead will conduct regular schedule and budget tracking to assess project progress against a baseline schedule and will take steps to correct any issues that arise. In addition, a Project advisory committee will meet regularly to assess progress toward achieving the objectives and ensure that the grant scope is completed on schedule and on budget. The Management Analyst oversees all expenditures and ensures that City procedures are followed, which are in place to process and pay invoices, track matching funds, and track spending of grant funds. City staff will also track time spent on the Project, including notes on work conducted, to track in -kind match. Staff will meet regularly with the Management Analyst to ensure compliance with City procedure s. Staff will also report expenditures to the City’s Accounting department for grant tracking purposes. The City has also demonstrated its commitment to providing matching funds as shown on the City’s Grant Funding Request Form, which is included as Attachment A.
13. Partnerships
Partnerships are a central element of each activity in the Project. Palo Alto will partner with other agencies and nonprofit organizations to ensure full collaboration, create work products based on a wealth of diverse expertise to be used regionally and potentially nationwide, and obtain buy-in from stakeholders. See Attachment B for 11 letters of support from Project partners and stakeholders.
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The matrix below showcases each member and expertise as well as primary roles.
PROJECT PARTNERSHIP MATRIX
City of Palo Alto
Project lead, grant &
contract manager
City of Santa Clara
Project lead,
Stormwater
Compliance Expertise
SCVURPPP
Municipalities
Convener &
Stormwater
Compliance Expertise
County of Santa Clara
Project experience &
Stormwater
Compliance Expertise
Grassroots
Native Plant Expertise,
Volunteer Recruitment
& GSI Maintenance
Lead
SJCC
Opportunity Maker for
Disadvantaged Youth
& GSI Maintenance
Support
SFEI
Water Quality
Expertise & Monitoring
Task 1:
Parking Lot
Retrofits
X
(Manage
design &
construction
consultant and
project)
X
(Manage
design &
construction
consultant and
project)
X
(Concept
advisor,
Committee
member)
X
(Monitoring
Plan, QAPP,
Samples)
Task 2:
Guidebook for
Greener
Parking
Facility Design
X
(Co-Manage
Guidebook
Dev.,
Committee
Convener and
Facilitator)
X
(Support
Guidebook
Dev.,
Committee
Member)
X
(Co-Manage
Guidebook
Dev.,
Committee
Member)
X
(Support
Guidebook
Dev.,
Committee
Member)
X
(Develop
Vegetation
Guidebook
Section,
Committee
Member)
X
(Support
Guidebook
Dev.,
Committee
Member)
X
(Develop
Monitoring
Guidebook
Section,
Committee
Member)
Task 3: GSI
Maintenance
Training &
Work Force
Program
Framework
X
(Co-Manage
Evaluation and
Training
Program,
Committee
Convener and
Facilitator)
X
(Co-Manage
Evaluation and
Training
Program,
Committee
Member)
X
(Support
Evaluation,
Committee
Member)
X
(Support
Evaluation,
Committee
Member)
X
(GSI Maint.
Lead,
Committee
Member)
X
(GSI Maint.
Support,
Support
Evaluation,
Committee
Member)
Task 4:
Community
Engagement
and Education
X
(Manage
Engagement
Process and
Activities in
Palo Alto)
X
(Manage
Engagement
Process and
Activities in
Santa Clara)
X
(Support
Community
Engagement
Process and
SJCC
Education
Component)
X
(Support SJCC
Education
Component)
X
(Lead
Community
Activities and
SJCC
Education
Component)
X
(SJCC Lead
and Support
Community
Activities)
X
(Support
Community
Activities)
1 https://www.sfei.org/projects/microplastics
2 https://www.sfei.org/sites/default/files/biblio_files/El%20Cerrito%20Report%20FINAL_0.pdf 3 GSI Plans are posted on each city website.
4 http://cityofpaloalto.org/gsi
5 https://scvurppp.org/swrp/docs-maps/
6 Gilbreath et al. 2019. Multi-year water quality performance and mass accumulation of PCBs, mercury, methylmercury, copper and microplastics in a bioretention rain garden.
Journal of Sustainable Water in the Built Environment 5 (4). Editor’s Choice November 2019-January 2020. Leatherbarrow, et al.2015. Removal Efficiencies of a Bioretention System for Trace Metals, PCBs, PAHs, and Dioxins in a Semi-arid Environment. Journal of Environmental Engineering, 141(6) (June).
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AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND
THE CITY OF SANTA CLARA
FOR THE
GREENING PARKING FACILITIES FOR SUSTAINABLE COMMUNITIES GRANT
PROJECT
THIS AGREEMENT, is made and entered into this ______ day of __________, 2022, (“Effective Date”), between the City of Palo Alto, a Chartered California municipal corporation of the State of California, referred to herein as “PALO ALTO”, and the City of Santa Clara, a Chartered California municipal corporation referred to herein as “SANTA CLARA”. PALO ALTO and SANTA CLARA may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
1. PALO ALTO submitted a grant application with several partners, including SANTA CLARA, called The Greening Parking Facilities for a Sustainab le Community: D esign, Maintenance, Water Quality Benefits and Workforce Development (“GRANT PROJECT ”) to the U.S.
Environmental Protection Agency Region 9 (U.S. EPA) for the San Francisco Bay Water Quality Improvement Fund (SFBWQIF) in Fiscal Year 2020.