Agenda packet — Palo Alto City Council, April 10, 2023 (part 2 of 2)

Item 8
Attachment A - Purchase
Order with The Public
Restroom Company,
C23185725

Item 8: Staff Report
Pg.
66 Packet Pg. 121 of 210

DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA Revised Price Proposal: Ramos Park, Palo Alto, CA
Date: February 27, 2023
Reference: 11493
Our Offer to Sell:

1. Restroom Building delivered to site @ $ 245,317
Public Restroom Company (PRC) herein bids to furnish (building only per plans and specifications, delivered to site with all costs except installation including applicable taxes excluding retention. (Retention is not allowed as this is materials or a product fully assembled before shipment to the site and therefore not subject to retention.)

2. Installation: Turnkey Installation of the Building above @ $ 21,268 with retention allowed.

Public Restroom Company also includes in this two-part quotation our turnkey installation package for this building. Our national factory authorized installation team will:
a. Arrive onsite to confirm and verify the Owner/General Contractor provided scope of work in preparation for installation including access to the site. b. Verify the building pad size, building corners, finished slab elevation, utility depth and location, meter size and distance from building, and compaction compliance. c. Excavate the utility trenches for placement of our prefabricated underground piping tree for the buildings plumbing and electrical, set the kit in place, provide the water test for inspection before backfilling, and then place the site adjacent coarse sand you provide to us alongside the building pad and screed it level for final building placement. We will need onsite water availability for wetting the sand bed before building placement to consolidate the pad.
d. Set the building on the site pad.
e. Connect the utility piping stub ups to the building piping stub down building points of connection for water, sewer, and electrical conduit to the building internal electrical panel.

3. Owner/General Contractor Final Tie In of Utilities and other site work:
a. The Owner/Contractor is responsible for making all final plumbing connections at the 6’ POC locations.
b. The Owner/Contractor is responsible for pulling wire and completing all final tie-ins to the electrical panel from the 6’ POC location.
c. The Owner/Contractor is responsible for preparing the pad/foundation. PRC will trench through provided pad/foundation to run utilities to 6’ POC locations.

4. Total Cost of Building and Installation @ $ 266,585

5. Payment & Performance Bonds @ $4,577

6. Total Cost of Building, Installation & Bonds @ $271,162 Ramos Park , Palo Alto CA | 02/27/2023| Reference # 11493 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 1 of 8
Item 8
Attachment A - Purchase
Order with The Public
Restroom Company,
C23185725

Item 8: Staff Report
Pg.
67 Packet Pg. 122 of 210

DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA OWNER/GENERAL CONTRACTOR SCOPE OF WORK WITH/WITHOUT FOOTINGS:

Scope of Work Background:

Owner/General Contractor shall survey the site, establish survey for the building pad and prefabricated building slab elevation and front corners, excavate for building footings (if required), locate footing sleeves for electrical, waste, and water, pour the footings (if required), furnish sand base adjacent to subgrade pad, and provide location for utility POC’s nominally 6’ outside the foundation.

Preparation of Building Pad:

Owner/General Contractor is responsible for providing the building subgrade pad or when required footings to frost depth per Public Restroom Company design specifications. PRC will provide detailed drawings for the subgrade building pad, utilities POC’s, and if required the footings, attached to this scope of work.

Subgrade Pad/Foundation Requirements:

1. Owner/General Contractor shall survey the building site and provide a finished slab elevation for the prefabricated building. The building pad size we require is larger than the final actual building footprint. Provide building front corner stakes with 10’ offsets.

2. Excavate the existing site to the depth of the required footings to local code if required.

3. Furnish coarse concrete sand adjacent to subgrade pad so PRC can cut the utility trenches, install underground utilities, and screed sand.

Owner/General Contractor verification of site access to allow Building Delivery:

1. You certify to PRC that suitable delivery access to the proposed building site is available. Suitable access is defined as 14’ minimum width, 16’ minimum height, and sufficient turning radius for a crane and 70’ tractor-trailer.

2. Our cost is based upon the crane we provide being able to get within 35’ from the building center and for the delivery truck to be no more than 35’ from the crane center picking point.

3. If the path to the building site traverses curbs, underground utilities, landscaping, sidewalks, or other obstacles that could be damaged, it is the Owner/General Contractor ‘s responsibility for repair and all costs, if damage occurs.

4. If trench plating is required, it shall be the cost responsibility of the Owner/General Contractor.

5. If unseen obstacles are present when site installation begins, it is the Owner/General Contractor responsibility to properly mark them and verbally notify PRC before installation.

6. If weather becomes an issue for safety or site installation delays due to weather, Owner/General Contractor or PRC with General Contractor’s confirmation may call-off set. If building set is stopped, relocation of the building modules to an onsite or offsite location may incur additional costs to Owner/General Contractor.

Installation Notice and Site Availability:

PRC will provide sufficient notice of delivery of the prefabricated building. The Owner/General Contractor shall make the site available during the delivery period. During the delivery period, on an Ramos Park , Palo Alto CA | 02/27/2023| Reference # 11493 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 2 of 8
Item 8
Attachment A - Purchase
Order with The Public
Restroom Company,
C23185725

Item 8: Staff Report
Pg.
68 Packet Pg. 123 of 210

DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA improved site, Owner should stop site watering several days before delivery to minimize the impact on the soils for the heavy equipment needed for installation.

Caution: If site is not ready for our field crew to perform their installation and if no notice of delay in readiness from Owner/General Contractor is received, PRC will provide a change order for re- mobilization on a daily basis until the site is ready for us. Ready means that the site pad is completed, the corner required survey stakes are in place, the slab elevation stakes are in place, the location of the front of the building is confirmed on site, and access to the site is available from an improved roadway. Owner/General Contractor shall sign the change order before we will continue delivery.

Public Restroom Company will “turn-key” set the buildings including the hook up of utilities inside the building (only) when they are available. PRC will use its own factory trained staff for the installation.

Utility Connections:

1. PRC to complete all internal building plumbing connections and connections from the electrical panel to building’s fixtures. The Owner/ Contractor is responsible for making the final plumbing connections at the 6’ POC locations.

2. The Owner/Contractor is responsible for pulling the wire and completing the final tie-in to the electrical panel from the 6’ POC location.

3. The Owner/Contractor is responsible for commissioning the building once final utility connections are made. This includes flushing & testing all water service lines before final startup.

Special Conditions, Permits, and Inspection Fees:

Follow any published specifications governing local building procedures for applicable building permit fees, health department fees, all inspection fees, site concrete testing fees, and compaction tests, if required by Owner. PRC is responsible for all required State inspections and final State insignia certification of the building, if applicable.

Jurisdiction for Off-site Work:

Jurisdiction, for permitting and inspection of this building shall be either the State agency who manages prefabricated building compliance in the state or the local CBO (when the State does not provide certification.) If the responsibility for building inspection is the local CBO, we will provide a certified plan set, calculations, and a third-party engineer inspection report for any and all closed work the local official cannot see.

PUBLIC RESTROOM COMPANY SCOPE OF WORK:

Our In Plant/Off-Site Construction Scheduling System:

PRC has several off-site manufacturing centers in the United States, strategically located, with the proper equipment and trained staff to fabricate our custom buildings to our high-quality fit and finish standards. PRC manages quality control in our off-site production facility to comply with the approved drawings and provides an inspection certification and photos as required. When proprietary materials, Ramos Park , Palo Alto CA | 02/27/2023| Reference # 11493 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 3 of 8
Item 8
Attachment A - Purchase
Order with The Public
Restroom Company,
C23185725

Item 8: Staff Report
Pg.
69 Packet Pg. 124 of 210

DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA which we have designed and fabricated, are part of the project, PRC supplies the manufacturing centers with these proprietary PRC components. We then schedule the in-plant construction process to coordinate with your delivery date through our Operations Division field staff. We guaranty on time at cost delivery weather permitting.

Special Payment and Progress Billing Terms:

Invoicing begins on the 30th of the month following an order and/or the acceptance of the proposal/contract.

The first progress billing invoice will be issued for the commencement of design and engineering of architectural plans. This will be 10% of the contracted amount. Once construction begins invoicing will commence monthly based on plant percentage of completion, supported by photographs.

In the event of project stoppage, additional fees may be assessed for re-mobilization, storage, crane costs, etc. Our discounted project costs are based upon timely payments. Delays in payment could change delivery schedules and project costs.

Delivery and Installation:

Site Inspection:

PRC staff, upon site arrival, will verify the required dimensions of the building pad and the corner locations/elevation. We will also verify the delivery path from an accessible road or street and install the underground utilities to the point of connection nominally 6’ from the exterior of the building.

Installation:

PRC will install the building turn-key, except for any exclusion (listed under “Exclusions,” herein.) Installation of Utilities under the Prefabricated Building:

We fabricate off-site an underground utilities (water, and DWV piping and fittings) preassembled plumbing and electrical tree. Our site staff will set the underground tree into code depth excavated trenches and our staff will install the coarse concrete sand to bed the piping per our submitted drawing.

We provide all the buildings under-slab piping including the driven electrical ground rod. The Owner/General Contractor brings utility services to within 6’ of the pad and are responsible for final connections at that point.

Connection of Utilities Post Building Placement:

After placement of the building on the pad by PRC, our field staff will tie in the water and sewer connection “inside” the building only and terminate at a point of connection (POC) outside the building clearly marked for each utility service. The Owner/General Contractor is responsible for final utility point of service connections at the nominal 6’ from building locations.

Electrical:

PRC provides the electrical conduit to the POC 6’ from the building. The Owner/General Contractor pulls the wire and ties it off on the electrical panel.

Item 8: Staff Report
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA Plumbing:

PRC provides the POC up to 6’ from the building footprint and the Owner/General Contractor connects the water to our stub out location.

Sewer:

Some sites depending on the local jurisdiction will require an outside house trap which Owner/General Contractor shall install if needed. PRC will provide you with a sewer point of connection including a clean out to which Owner/General Contractor will terminate the site sewer service.

Testing of Water, Sewer, and Electrical in Plant and Final Site Utility Connection:

Before the building leaves the manufacturing center, PRC certifies a pressure water piping test, DWV, and the electrical connections for compliance with code. While the building is fully tested for leaks at the plant before shipment, road vibration may loosen some plumbing slip fittings and require tightening once the building services (water) is completed. Owner/General Contractor is responsible for minor fitting tightening to handle small slip fitting leaks caused by transportation.

Time of Completion:

PRC estimates a 300 calendar day schedule to complete our scope of work from receipt of written notice to proceed together with signed approved architectural submittals from all authorities required to approve them.

Exclusions/Exceptions:

1. Access issues for delivery of the building by a clear unobstructed path of travel from an improved roadway to the final installation pad or foundation may cause site delays and extra cost at each site. This exclusion covers sites whose access is limited by trees, inaccessible roadways, overhead power lines at location where crane will lift building, grade changes disallowing our delivery trailers with only 4” of clearance to grade, berms, or uneven site grades, or when the path of travel is over improvements such as sidewalks, all of which are not within the scope of work by PRC. On some sites without on-site storage availability for buildings that cannot be set, relocation to a proximal crane yard and later relocated to the site for installation, will incur additional fees at rates that vary depending on local rates. PRC will provide written costs for this additional work by change order.

2. If weather on site causes site delivery issues, the delivery may have to be diverted to an off-site location and the additional costs will be a change order to the bid. Our staff works with the Owner/General Contractor in advance to make sure sound decisions for delivery are made to avoid this issue. But sometimes Owner/General Contractor take risks for weather, but this risk is clearly at the Owner/General Contractor risk, not PRC.

3. Sidewalks outside the building footprint.

4. Trench plates or matting needed for protection of site soils, sidewalks, hardscaping, or site utilities shall be the responsibility of the Owner/General Contractor. Any site soils damage or other site improvements if damaged during installation shall be the responsibility of the Owner/General Contractor.

Item 8: Staff Report
Pg.
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA

5. Not responsible for removing any soil, sand, or other debris as a result of trenching or installation.

6. Survey, location of building corners, finish floor elevation, excavation, and construction of subgrade building pad and footings (if required) per PRC plans.

7. Soil conditions not suitable for bearing a minimum of 1500 PSF with compaction to 90% maximum dry density shall require Owner/General Contractor correction before building placement. If no soils testing report is available before bid, Owner/General Contractor must verify site supporting soils at a minimum of 1500 PSF because that is the least we can place our structures on or Owner/General Contractor or engineer of record must design a foundation system to meet the imposed loads of site placement.

8. Improper water pressure, an undersized meter, or improper water volume flow to the building may necessitate a change order for installation of a building internal diaphragm tank to provide the minimum flow rate and static pressure of up to 60 PSI and a minimum of 40 PSI to properly flush the fixtures. Building water service chlorination, post installation, shall be by Owner/General Contractor.

9. Our bid included crane costs are based on a maximum 35’ radius from the center pin of the crane (10’ back from the rear of the crane) to the building center point of the furthest building module roof. If additional distance requires a larger crane, additional costs will be assessed by change order to the Owner/General Contractor.

10. Bonds, building permits, a site survey, special inspection fees, minor trash removal (nominally one pickup truck of shipping materials), final utility connections to the on-site water, sewer and electrical are by the Owner/General Contractor. Since the building is fully inspected and tested in plant, minor plumbing leaks (if water is not available when building site work installation is completed) is by the Owner/ General Contractor.

11. Site Traffic Control, if applicable, shall be by Owner/ General Contractor, not PRC.

12. Any equipment installation, site work or special inspections other than described within this proposal, shall be by Owner/General Contractor.

13. Backflow certification if applicable by Owner/ General Contractor.

Insurance and Prevailing Wage Certification:

PRC shall comply with the required insurance requirements, wage reports, and safety requirements for the project, including OSHA regulations.

Special Insurance to protect the Building before acceptance:

As PRC requires payment for each month of off-site construction, and since the building is not on owner property where their insurance will cover the building, we maintain a special policy that insures the property even when paid for off-site until the building is finally accepted by the owner. This special policy protects the Owner’s custom ordered materials to be used in the fabrication of the building during this period. PRC provides this Stock Throughput Policy to cover the building materials from supplier to manufacturer, while it is being built off-site, while in transit to the job site, during and after it is installed on-site until final acceptance. This special policy has a $1,000,000 coverage limit. This exceeds the cost of any single building we have offered for sale herein.

Item 8: Staff Report
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA Errors and Omissions Insurance:

Our firm employs licensed architects, engineers, and drafting staff to provide design of our buildings.

Since these buildings are required to meet accessibility standards and building codes on site, and since we are the designer, we carry Errors and Omissions Insurance (E & O) to protect our clients from any errors. The policy covers a limit of up to $2,000,000 per occurrence and is more clearly explained in the insurance certificates we provide after receipt of a purchase order.

WARRANTY
All work performed by PUBLIC RESTROOM COMPANY (called “Company”) shall be warranted to the Owner to be of good quality, free of faults and defects in material, workmanship, and title for 5 years from last date of installation if building is installed by Company or 1 year if building is installed by Owner or Owner’s agent without on-site supervision by Company. Company warranty on building shell including exterior walls, concrete 8” slab/foundation, and roof system is warranted for 20 years structurally. The Company will repair or replace at their sole option any defects in work upon proper notice to the below stated address below.

Our Company extended warranties shall be Company only and shall have no effect on any required Performance, Payment, or Warranty Bonds where Surety shall assume no liability to the Company, the Owner, or any third parties should the Company fail for any reason to deliver acceptable maintenance warranties beyond the one year period. The warranty extension is solely between the owner and PRC and not the general contractor, bonding company, or architect/engineer of record.

This warranty applies only if all work performed by Company has been fully paid for, including change orders if applicable. Company has no responsibility for any neglect, abuse, or improper handling of building product.

The warranties expressed herein are exclusive, and are in lieu of all other warranties expressed or implied, including those of merchantability and fitness.

There are no warranties which extend beyond those described on the face of this Warranty. The foregoing shall constitute the full liability of the Company and be the sole remedy to the Owner.

Term of Offer to Sell and Owner/General Contractor Acceptance:

This offer is valid for acceptance within 30 days, or when a part of a public bid for the applicable duration imposed within the Owner’s bid documents. Acceptance is by approving our post bid preliminary notice to begin drawings subject to final Owner/General Contractor approval of our submittals and receipt of a contract or a purchase order/contract.

Special Notice of Possible Project Cost Increases as a Result of Late Payments:

In the event of delayed or late payment, PRC shall have the right to remedies including late charges, overall project total cost increases, and other damages as allowed by applicable law. The contract price quoted herein is a discounted price based upon our receipt of progress payments as invoiced on the agreed billing schedule of PRC. In the event of non-payment, PRC will provide a 5 day written notice to Ramos Park , Palo Alto CA | 02/27/2023| Reference # 11493 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 7 of 8
Item 8
Attachment A - Purchase
Order with The Public
Restroom Company,
C23185725

Item 8: Staff Report
Pg.
73 Packet Pg. 128 of 210

DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA cure and if payment is still not received, the discounted price for the payment due may increase, to an undetermined amount, to cover work stoppage, remobilization, cancellation of materials and subsequent restocking charges, resale of the contracted building to another party, storage fees, additional crane fees, travel and per diem costs for field crews, and any other cost applicable to the project, as allowed by law. Interest if applicable to non-payment will be assessed at the maximum amount allowed by law or 18% whichever is greater.

Termination
Upon Termination for any reason, Owner/General Contractor shall be liable for the cost of all work performed up to the date of termination. Additionally, Owner/General Contractor shall pay for off-site demolition and disposal of the partially or fully fabricated building as well as any non-returnable materials which were custom-ordered to complete fabrication in PRC’s factory location. Any returned materials are subject to return and restocking fees at the Owner/General Contractor expense.

Venue for Contract Jurisdiction:

Public Restroom Company requires all contracts accepted by our firm to hold that the venue for legal jurisdiction for this contract offer and acceptance shall be Douglas County, Nevada. In the event of your default, PRC shall be entitled to the full amount due including reasonable attorney fees, costs, storage, expenses of physical recovery, and statutory interest, as allowed by law.

No modifications to this offer shall be authorized unless confirmed in writing by the President of Public Restroom Company.

Offered by: Public Restroom Company by _
This provides conditional acceptance of this preliminary purchase order for this building subject to acceptance of the submittals, furnished by Public Restroom Company. Once you accept the preliminary submittals, this shall become a final purchase agreement or at your discretion the final purchase order or a contract may be substituted with this attached.

Accepted by:
_______________________________
Authorized Signature
_______________________________
Date Signed
_______________________________
Printed Name
_______________________________
Legal Entity Name and Address
Ramos Park , Palo Alto CA | 02/27/2023| Reference # 11493 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 8 of 8
Item 8
Attachment A - Purchase
Order with The Public
Restroom Company,
C23185725

Item 8: Staff Report
Pg.
74 Packet Pg. 129 of 210

DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA PROJECT REF#: 11493

PALO ALTO, CALIFORNIA

RESTROOM BUILDING

RAMOS PARK
ARTIST IMPRESSION: 3D

RENDERING ONLY FOR
REPRESENTATION.

COLORS AND MATERIALS

ARE SUBJECT TO CHANGE
COPYRIGHT 2023, PUBLIC

RESTROOM COMPANY

THIS MATERIAL IS THE

EXCLUSIVE PROPERTY OF

PUBLIC RESTROOM

COMPANY AND SHALL

NOT BE REPRODUCED,

FLOOR PLAN
SCALE: NOT TO SCALE
www.PublicRestroomCompany.com U
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EROSREDXIC
S
E
C
P
L
T
O

S
A
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S
D
TO
2587 BUSINESS PARKWAY AUTHORIZED BY THE

WRITTEN PERMISSION OF

PUBLIC RESTROOM
COMPANY.

MINDEN NEVADA 89423
P: 888-888-2060 F: 888-888-1448
Item 8
Attachment A - Purchase Order with
The Public Restroom Company,
C23185725

Item 8: Staff Report
Pg.
75 Packet Pg. 130 of 210

DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA PROJECT REF#: 11493
3 -
22'-8" (ROOF OVERALL)
19'-4" (BUILDING OVERALL)1'-8" 1'-8"
7'-4" 4'-8" 7'-4"
ELEC.

PANEL

ACC/ RR
ALL
GENDER

ACC/ RR
ALL
GENDER
2 -
4 -

UTILITY
CHASE
SOAP

DISPENSER
SOAP

DISPENSER
19'-10" (SLAB OVERALL)
1 -

FLOOR PLAN
SCALE: 3/16"=1'0"
C O P Y R I G H T 2 0 2 3 , P U B L I C

RESTROOM BUILDING
REVISION # REVISION
DATE:

SHEET#BUILDING TYPE:

PROJECT:

A-1

R E S T R O O M C O M P A N Y T H I S

MATERIAL IS THE EXCLUSIVE

P R O P E R T Y O F P U B L I C

R E S T R O O M C O M P A N Y A N D

SHALL NOT BE REPRODUCED,

U S E D , O R D I S C L O S E D T O
- DRAWN BY:

RAMOS PARK RESTROOM PROJECT #: START
DATE:

MAX. PERSON / HOUR:
2/16/2023
90 S

O T H E R S E X C E P T A S
11493
DRAWN BY: EOR

PALO ALTO, CAAUTHORIZED BY THE WRITTEN

P E R M I S S I O N O F P U B L I C
R E S T R O O M C O M P A N Y .
~NOT FOR CONSTRUCTION ~ PRELIMINARY DESIGN DRAWING ONLY ~ DO NOT SCALE, DIMENSIONS PRESIDE Item 8
Attachment A - Purchase Order with
The Public Restroom Company,
C23185725

Item 8: Staff Report
Pg.
76 Packet Pg. 131 of 210

DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA PROJECT REF#: 11493
12 1
T.O. WALL
7'-4"
T.O. WALL
7'-4"

BOARD &
BATTS
BOARD
& BATTS
T.O. SLAB
0'-0"
T.O. SLAB
0'-0"
ELEVATION 1 ELEVATION 2
SCALE:3/16"=1'-0" SCALE:3/16"=1'-0"
12 1
T.O. WALL
7'-4"
T.O. WALL
7'-4"
BOARD
& BATTS
T.O. SLAB
0'-0"
T.O. SLAB
0'-0"
ELEVATION 3 ELEVATION 4
SCALE:3/16"=1'-0" SCALE:3/16"=1'-0"
C O P Y R I G H T 2 0 2 3 , P U B L I C

R E S T R O O M C O M P A N Y T H I S

MATERIAL IS THE EXCLUSIVE

P R O P E R T Y O F P U B L I C

R E S T R O O M C O M P A N Y A N D

SHALL NOT BE REPRODUCED,

U S E D , O R D I S C L O S E D T O

RESTROOM BUILDING
REVISION # REVISION
DATE:

SHEET#BUILDING TYPE:

PROJECT:

A-2- DRAWN BY:

RAMOS PARK RESTROOM PROJECT #: START
DATE:

MAX. PERSON / HOUR:
2/16/2023
90 S

O T H E R S E X C E P T A S
11493
DRAWN BY: EOR

PALO ALTO, CAAUTHORIZED BY THE WRITTEN

Item 8: Staff Report
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA

SPECIFICATIONS
Project #: 11493
Project Name: Ramos Park Restroom
800 E Meadow Dr, Palo Alto, CA 94303
Date: 1/10/2022
Bldg Size: See Drawings
Type of Bldg: PS-022
Restroom
Site: City, State, Zip:

TYPE OF BUILDING
Construction Type

HVR-MVR WOOD-LVR
HYBRID
Structural steel above cap beam and roof structure, with wood framed walls supporting finishes and T&G ceiling

FLOOR SYSTEM

ROOM/ITEM
Entire Building
Entire Building
FINISH
Exposed Concrete with Light Broom Finish with Integral Additive for Stain/Moisture Resistance Gray Epoxy with Skid Resistant Additive (Spartacote XPL)

WALL SYSTEM

BUILDING WALLS HEIGHT
Building Walls Height 7'4"

EXTERIOR WALLS - CMU
Precision Exterior 4" CMU

BLOCK TYPE AND COLOR ROWS
AllPrecision Gray

CAP BEAM
Cap Beam Cap Beam, Steel Tube, Painted

WALL FINISHES - EXTERIOR
FINISH
Uncoated
Monopole Perma Shield Anti-Grafitti Coating
TYPE
CMU
All Exterior Finishes
HEIGHT
To Cap Beam
Full Height
FRC Siding -Below- Cap Beam Allura Cedarmill Board & Batt Siding Vertical - Painted FRC Siding -Above- Cap Beam Allura Cedarmill Board & Batt Siding Vertical - Painted To Cap Beam
Above Cap Beam
To Cap Beam
Exterior Paint PPG Exterior Gloss - Colors TBD by client

WALL FINISHES - INTERIOR

FINISHROOM HEIGHT
Restrooms Below Cap Beam
All Interior Restroom Finishes
Restrooms - Above Cap Beam
Mechanical - To Cap Beam
Block filler & paint To Cap Beam
Full Height
Above Cap Beam
To Cap Beam
Above Cap Beam
Monopole Perma Shield Anti-Grafitti Coating
Stucco Pattern FRC - Painted
Block filler & paint
Mechanical - Above Cap Beam Painted OSB

ROOF SYSTEM

ITEM DESCRIPTION
Vertical Seam 24 ga
Entire Building Ceiling
Fascia
Metal Sales Vertical Seam 24 ga 12in. Panel Striations
(LVR) KD T&G Select Deck --- Stained, 716 Cedar Tone
2x6 KD SPF Wrapped With 16 Ga Formed Steel (LVR)
Stainless Steel Wire MeshVents SS Wire Mesh
Item 8
Attachment A - Purchase
Order with The Public
Restroom Company,
C23185725

Item 8: Staff Report
Pg.
78 Packet Pg. 133 of 210

DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA

DOORS - HARDWARE

ITEM DESCRIPTION
Hollow Metal Doors Hollow Metal: Galvanized 14 GA. Door w/ 14 GA Frame Continuos Hinge Deadbolt
Mortise
Dead bolt Schlage # B660J62, with Removable Full Size Core: Core: 23030C626 # 35056C Control Key Blank SCHLAGE L SERIES: L9485L 06A 626 L283-711 Inside, 722 Outside (x1 RH, x1 LH) Von Duprin Elec Strike,Timer & Pow Von Duprin 6216 US32D 24V DC FSE, Intermatic ET1100 Timer,Von Duprin PS914 w/ 900-2RS N escutcheon with ADA thumb turn indicator (#L283-711 & L283-722). Full size Schlage IC C Keyway Construction Core.

ITEM DESCRIPTION LOCATION
Pull Plates
Latch Guard
Ives 8103EZHD-0 Solid Straight 10" Door Pull, 1" Diameter (For Chase) HES 150 Strike Latch Guard
Door Closer
Weather Strip
Door Sweeps
LCN Closer, Model # 4211 Cush Arm (for Out Swing Door)
Pemko Perimeter Gasketing (3' x 7' Door) # 303-C-S-3684 Pemko Door Sweep 321SSN36"
Restroom
Chase
Chase
Door Threshold (No Tile)
Ives Crash Chain (Standard)
Threshold Fluted Saddle Mill Finish Alum, 4" Wide #270A36 Ives Crash Chain, # CS11526D20, US26D, 20.5, Crash Stop Chase
Chase
Door Kick Plates (Interior Only) Rockwood Metal Kick Plate, # K1050 12" x 34" Restroom

RESTROOM ACCESSORIES

ITEM MANUFACTURER/DESCRIPTION FINISH
Polished Aluminum & Blue
Stainless Steel
Polished Aluminum
Stainless Steel
Gray
Signage
Grab Bars
Door/Wall Signs
Bobrick ADA Stainless Steel grab bars. Bobrick B-6806-48 & B6806-42 Louver Sunvent Industries Model #157 (Chase Standard)
Royce Rolls TP-4
Koala (Horizontal) Wall Mounted/Polythene KB200-01
Fastaire HD03S Hand Dryer (Short)
Louver (Mechanical)
4-roll Toilet Paper Holders
Koala Gray
Hand Dryer
ITEM
Utility Hook
Mirrors - Stainless Steel
Sanitary Napkin Disposal
Toilet Seat Cover Dispenser
Soap Dispenser

MANUFACTURER/DESCRIPTION
Bobrick B-983(Std on Partition Doors, single User RR, Showers,etc) Bobrick B-1556 1830 - Size 18"x30"
Bobrick B-270
Bobrick B-4221
Bobrick B-4112 - Surface Mounted - Above Lavatory So Soap Drips Onto Sink Bobrick B-295X16 Solid Wall Mounted Shelf, 16"W x 5"D, Stainless SteelShelf - Near Sink

PLUMBING

FIXTURE/PART DESCRIPTION
Toilets - Stainless Steel Acorn # 1675 W-1-HET 1.28 GPF-FVBO-ADA-PFS-316SS Lever (Std) - Toilet Flush Valve Zurn W.C. Flush Valve 1.28 Ga Zurn # Z6143AV-HET-7L-BG Lavs - Stainless Steel Rear Connect Acorn # 1652LRB-1-DMS-03-M-316SS Metering Faucet Single Hole Metering Faucet, Chicago Model # 333-E2805-665PSHABCP - Tempered Floor Drains: W/Trap Primer Floor Drain Zurn # ZN460-2NH-5B W/Strainer / With Trap Primer

PLUMBING GENERAL

FIXTURE/PART
Water Heater

DESCRIPTION
Stiebel DHC-E8 1-2 lavatories
Tempered Water to Lavs
Valve Combo (PRV)
Thermostatic Mixing Valve, Acorn Model # ST70-12
Valve Combo with Pressure Reducing Valve
Water Line Material Copper (Std)
Bladder Tank
Hose Bibb- Interior
Hose Reel & Hose
ProFlo PFXT5, (PRC)/ Amtrol 2 gal
Acorn #8121-LF - in the Chase
Hose Reel With 5/8"x75' Garden Hose
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Order with The Public
Restroom Company,
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DocuSign Envelope ID: DE00C7B0-ABED-4489-B77F-282A7C90CBFA

ELECTRICAL

ITEM DESCRIPTION
Electrical Panel
Breakers
100 amp Single Phase - 120/240 v
Plug on (QOD)
20 Circuits

LIGHTING
DESCRIPTION (W=WALL, C=CEILING)ITEM
Lighting Control -Interior-
Timer
Light Fixture Integraded Occupancy Sensor
Intermatic #FF32HH
Interior Lights W/C) Luminaire, Swoop Series SWP1212-OP-BRZ-OCC 25 Watts Lighting Control -Exterior-
Exterior Light
Photo Cell Intermatic Photo Control #EK4336S
W) Luminaire, AEL-24 (Dark Sky Compliant) 32" long 20 Watts 18 WattsChase Lights C) Green AL-41L (small Chase) Waterproof

RECEPTACLES/SWITCHES, HEATERS, FANS, HVAC, LIGHTED SIGNS ITEM
Receptacles

DESCRIPTION
GFCI (Adjacent to Panel)

LOCATION
Switches
Switches By Pass
Emergency Light
Single Pole (Any Other Location)
To By Pass Interior Lighting (OCC) And Exterior Lighting (Photocell) For Testing Lithonia ELM2L Led 2 Head Led Emergency Light (Mechanical Room) Chase
Chase
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Order with The Public
Restroom Company,
C23185725

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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: April 10, 2023
Staff Report:2303-1209
TITLE
Approval of an Updated Residential Winter Gas and Electric Rebate Program to Mitigate Extraordinarily High January 2023 Customer Bills, Including Repeal and Replacement of the Gas Rebate Program and Budget Appropriation adopted on March 27, 2023 and Approval of Budget Amendments in the General Fund, Electric Fund, and Gas Fund, at a Total Cost of up to $2,468,385; CEQA: Not a project under CEQA Guidelines sections 15378(b)(4) and (5).

RECOMMENDATION
Staff recommends City Council:

1. Repeal the City Council actions on March 27, 2023 taken as part of agenda item 10, both a gas rebate program and budget amendments.

2. Approve a residential natural gas rebate program of up to $1,761,550 intended to mitigate extraordinarily high January 2023 natural gas costs. This gas rebate program supersedes the gas rebate Council approved on March 27, 2023. The new rebate program redistributes funds from customers who terminated service to targeted programs for rate assistance, arrearages, and other hardships.

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3. Approve a residential electric rebate program of up to $706,835 intended to mitigate extraordinarily high January 2023 electricity costs

4. Amend the Fiscal Year 2023 Budget Appropriation (requires a 2/3 majority vote). These appropriation actions supersede the actions City Council approved on March 27, 2023. a. In the General Fund by:
i. Increasing the Transfer Out expense appropriation to the Gas Fund by $1,761,550 and
ii. Increasing the Transfer Out expense appropriation to the Electric Fund by $706,835
iii. Decreasing the Budget Stabilization Reserve by $2,468,385. b. In the Gas Fund by:

Jan. 2023 Gas Residential
Bill Range
% of Total
Residential Gas
Customers
# of Residential
Gas Customers
Flat
Rebate
Amount
Cost
Greater than $800 10.1% 2,134 100.00$ 213,400$
$400 to $800 34.7% 7,322 85.00$ 622,370$
Less than $400 55.2% 11,654 70.00$ 815,780$
Subtotal 100.0% 21,110 1,651,550$
Rate Assistance Program 470 100.00$ 47,000$
Arrearage > 180 days 280 100.00$ 28,000$
Winter Rebate Application 350 100.00$ 35,000$
Subtotal 1,100 110,000$
Total Gas Rebate 1,761,550$
Jan. 2023 Electric
Residential Bill Range
% of Total
Residential
Electric
Customers
# of Residential
Electric
Customers
Flat
Rebate
Amount
Total Cost
Greater than $500 2.0% 492 65.00$ 31,980$
$300 to $500 6.7% 1,691 45.00$ 76,095$
Less than $300 91.3% 22,938 20.00$ 458,760$
Subtotal 100.0% 25,121 566,835$
Rate Assistance Program 650 100.00$ 65,000$
Arrearage > 180 days 400 100.00$ 40,000$
Winter Rebate Application 350 100.00$ 35,000$
Subtotal 1,400 140,000$
Total Electric Rebate 706,835$
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i. Increasing the Transfer In revenue estimate from the General Fund by $1,761,550, and
ii. Decrease Customer Revenue estimate for residential customers by $1,761,550.
c. In the Electric Fund by:
i. Increasing the Transfer In revenue estimate from the General Fund by $706,835, and
ii. Decreasing for Customer Revenue estimate for residential customers by $706,835.

EXECUTIVE SUMMARY
As a result of the extraordinary high energy prices many residential customers in Palo Alto are suffering the economic burden of extreme and unexpectedly high gas and electric bills. City Council directed staff on February 13, 2023 to propose a rebate to gas and electric residential customers of up to 20% based on the highest month of bills. In response, staff analyzed January 2023 residential natural gas and electric bills with service periods of January 1, 2023 through January 31, 2023.

The natural gas rebate program would be funded by a General Fund transfer to the Gas Fund of up to $1,761,550. The electric rebate program would be funded by a General Fund transfer to the Electric Fund of up to $706,835. The total of the gas and electric rebate program amounts is up to $2,468,385.

Based on feedback from the Finance Committee and City Council, the rebate programs were designed to provide meaningful rebates to all residential natural gas and electric customers.

Additional financial assistance will be provided to residents enrolled in the Utility’s Rate Assistance Program and/or have utility bill arrearages of greater than 180 days. The total amount of all of the Winter rebate programs described in this report will be up to 20% of the total amount of Jan 2023 residential gas and electric bills, or $2,492,019.

BACKGROUND
Natural Gas Utility
Natural gas market prices were extremely high in January 2023; much higher than last year’s winter prices, and the highest since the 2001 energy crisis. Gas commodity prices for January 2023 were five times higher than January 2022 gas prices, tripling some customers’ gas bills. The February and March 2023 gas commodity rates are $1.26 and $0.77 per therm; significantly lower Item 9
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than January 2023 rate of $4.00 per therm. CPAU’s monthly gas commodity and volumetric rates are available on the Utility’s residential rates page.1 Gas customers across California are experiencing similar impacts. Gas market prices can fluctuate greatly from month to month due to trade issues, weather, and supply or production challenges.

The unusually high prices this winter have been attributed to historically cold weather, high gas demand, low regional gas storage levels, constraints on gas supplies flowing into California, and an increased reliance on natural gas in the electric power sector as a result of the ongoing drought’s impact on hydroelectric supplies. CPAU purchases natural gas for its customers at market prices, and does not control those market prices, nor mark-up the cost of the gas purchased on behalf of its customers.

On March 27, 2023, staff presented two gas rebate options to Council2 The table below shows natural gas rebate amounts under both options. The total cost to the General Fund of the rebates under either option will be up to $1,771,586.

Option 1: Consumption-based rebate for all January 2023 residential natural gas customers equivalent to 20% of their January 2023 gas bill. The average rebate would range from $2.39 for customers with gas bills less than $20, to $609.50 for customers with gas bills greater than $2,000.

Option 2: Flat rebate of $80.78 for all January 2023 residential natural gas customers, based on an average January residential gas bill of $403.90. The average residential gas customer used 76.1 therms in January 2023 and was billed $403.90. $80.78 represents 20% of the average residential January 2023 gas bill. 1 Utility’s Residential Rates https://www.cityofpaloalto.org/files/assets/public/utilities/rates-schedules-for- utilities/monthly-gas-commodity-rates.pdf
2 March 27, 2023 City council Staff Report 2303-1034
https://cityofpaloalto.primegov.com/meetings/ItemMiniPacket?id=1834 Item 9
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Jan. 2023 Residential Gas Rebate Amounts and Costs
Electric Utility
From July 2019 through April 2022 the City did not increase retail electric rates, to mitigate the economic impact of the COVID-19 pandemic on residents and businesses. In that time supply and distribution expenses increased $50 million (30%). The expense increases combined with pandemic-related electricity sales revenue declines created a $43 million shortfall in FY 2022.

Some of this was related to the impacts of extreme drought and rising electricity market prices, and in response, the City activated the hydroelectric rate adjuster (E-HRA) of 10% in April 2022.

In 2023, the City began increasing base rates to begin recovering costs, starting with a 5% rate increase on July 1, 2022. In late 2022 electricity market prices increased at unprecedented levels, leading to the need to increase the hydroelectric rate adjuster on January 1, 2023 an additional 20% to match the cost of replacing hydroelectric power with market power. As a result, since April 2022, retail electric rates have increased by approximately 35%.

On March 21, 2023, staff presented two electric rebate options to Finance Committee 3 (in Attachment A to Item #4 on the Committee Agenda). The table below shows electric rebate amounts under both options. The total cost to the General Fund of the rebates under either option will be up to $720,433.

Option 1: Consumption-based rebate for all January 2023 residential electric customers equivalent to 20% of their January 2023 electric bill. The average rebate would range 3 March 21, 2023 City Council Staff Report
https://cityofpaloalto.primegov.com/meeting/attachment/1085.pdf?name=Attachment%20A%20Residential%20E lectric%20Rebate%20Options
Jan. 2023 Gas Bill Range Number of Accounts % of Total Accounts Total Gas Retail Bill Charges; Jan. 2023
Average Jan. 2023 Gas Bill
Cost of Option 1; 20% Rebate Amount
Cost of Option 2; Flat $80.78 Rebate
Option 1; Average Customer Rebate at 20% Level
Option 2; Flat Rebate
< $20 996 4.5% 11,885$ 11.93$ 2,377$ 80,457$ 2.39$ 80.78$ $20 - $49.99 1,019 4.6% 36,822$ 36.14$ 7,365$ 82,315$ 7.23$ 80.78$ $50 - $99.99 1,849 8.4% 138,420$ 74.86$ 27,684$ 149,362$ 14.97$ 80.78$ $100 - $149.99 1,478 6.7% 184,444$ 124.79$ 36,889$ 119,393$ 24.96$ 80.78$ $150 - $199.99 1,440 6.6% 250,927$ 174.25$ 50,185$ 116,323$ 34.85$ 80.78$ $200 - $299.99 2,850 13.0% 715,232$ 250.96$ 143,046$ 230,223$ 50.19$ 80.78$ $300 - $399.99 2,735 12.5% 954,365$ 348.95$ 190,873$ 220,933$ 69.79$ 80.78$ $400 - $499.99 2,557 11.7% 1,146,966$ 448.56$ 229,393$ 206,554$ 89.71$ 80.78$ $500 - $599.99 2,184 10.0% 1,196,926$ 548.04$ 239,385$ 176,424$ 109.61$ 80.78$ $600 - $699.99 1,623 7.4% 1,049,637$ 646.73$ 209,928$ 131,106$ 129.35$ 80.78$ $700 - $799.99 1,050 4.8% 784,075$ 746.74$ 156,815$ 84,819$ 149.35$ 80.78$ $800 - $899.99 704 3.2% 596,422$ 847.19$ 119,284$ 56,869$ 169.44$ 80.78$ $900 - $999.99 473 2.2% 447,375$ 945.82$ 89,475$ 38,209$ 189.16$ 80.78$ $1,000 - $1,499.99 786 3.6% 924,556$ 1,176.28$ 184,911$ 63,493$ 235.26$ 80.78$ $1,500 - $1,999.99 110 0.5% 185,125$ 1,682.95$ 37,025$ 8,886$ 336.59$ 80.78$ > $2,000 77 0.4% 234,657$ 3,047.50$ 46,931$ 6,220$ 609.50$ 80.78$ Grand Total 21,931 8,857,834$ 403.90$ 1,771,567$ 1,771,586$ Item 9
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from $2.08 for customers with electric bills less than $20, to $774.37 for customers with electric bills greater than $2,000.

Option 2: Flat rebate of $27.05 for all January 2023 residential natural gas customers, based on an average January residential electric bill of $135.26. The average residential electric customer used 609.2 kWh in January 2023 and was billed $135.26. $27.05 represents 20% of the average residential January 2023 electric bill.

Jan. 2023 Residential Electric Rebate Amounts and Costs In addition to the Winter Rebate Program, the City is providing free access to the Home Efficiency Genie program, sharing energy saving tips, enrolling eligible customers to the rate assistance program, and offering special payment plan arrangements for those who need extra time paying their winter energy bills for six to eight months.

ANALYSIS
Natural Gas Rebate Program
Staff analyzed January 2023 residential natural gas bills for the service period from January 1, 2023 through January 31, 2023. CPAU had a total of 21,931 residential gas customers in January 2023. The total January 2023 residential gas retail commodity charges were $8.9M, compared to $4.8M in December 2022 when the commodity cost was $1.42 per therm. Gas residential bills for January 2023 were as follows:

Jan. 2023 Electric Bill Range Number of Accounts % of Total Accounts Total Electric Retail Bill Charges; Jan. 2023
Average Jan. 2023 Electric Bill
Cost of Option 1; 20% Rebate Amount
Cost of Option 2; Flat $27.05 Rebate
Option 1; Average Customer Rebate at 20% Level
Option 2; Flat Rebate
< $20 2,243 8.4% 23,384$ 10.43$ 4,677$ 60,673$ 2.08$ 27.05$ $20 - $49.99 4,522 17.0% 160,527$ 35.50$ 32,105$ 122,320$ 7.10$ 27.05$ $50 - $99.99 6,655 25.0% 489,647$ 73.58$ 97,930$ 180,018$ 14.72$ 27.05$ $100 - $149.99 4,751 17.8% 584,921$ 123.12$ 116,984$ 128,515$ 24.62$ 27.05$ $150 - $199.99 3,071 11.5% 531,536$ 173.08$ 106,307$ 83,071$ 34.62$ 27.05$ $200 - $299.99 3,180 11.9% 769,615$ 242.02$ 153,923$ 86,019$ 48.40$ 27.05$ $300 - $399.99 1,190 4.5% 407,777$ 342.67$ 81,555$ 32,190$ 68.53$ 27.05$ $400 - $499.99 521 2.0% 231,091$ 443.55$ 46,218$ 14,093$ 88.71$ 27.05$ $500 - $599.99 206 0.8% 111,495$ 541.24$ 22,299$ 5,572$ 108.25$ 27.05$ $600 - $699.99 102 0.4% 66,361$ 650.60$ 13,272$ 2,759$ 130.12$ 27.05$ $700 - $799.99 68 0.3% 50,836$ 747.59$ 10,167$ 1,839$ 149.52$ 27.05$ $800 - $899.99 40 0.2% 33,678$ 841.95$ 6,736$ 1,082$ 168.39$ 27.05$ $900 - $999.99 19 0.1% 17,714$ 932.29$ 3,543$ 514$ 186.46$ 27.05$ $1,000 - $1,499.99 38 0.1% 45,879$ 1,207.34$ 9,176$ 1,028$ 241.47$ 27.05$ $1,500 - $1,999.99 9 0.0% 15,750$ 1,750.02$ 3,150$ 243$ 350.00$ 27.05$ > $2,000 16 0.1% 61,950$ 3,871.86$ 12,390$ 433$ 774.37$ 27.05$ Grand Total 26,631 3,602,161$ 720,433$ 720,369$ Item 9
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On March 27, 2023, the City Council voted to approve unanimously an alternative hybrid calculation for Gas rebates with flat rebate amounts for different tiers of user bills. In addition to the flat rebate amount, Council approved additional funding for customers enrolled in the City’s Rate Assistance Program 4(RAP) or who have gas bill arrearages greater than 180 days.

Customers who terminated gas service from the City as of March 27, 2023 are not eligible for the gas rebates. Approximately $60,000 was redistributed to additional program such as RAP, arrearages, and other hardships through the winter rebate application, increasing the flat rebate amount from $50 to $100.

Overall, the program costs were not to exceed the 20% rebate for all January 2023 residential natural gas customers. The tables below outline staff’s revised calculation for Council approval.

Rebates will automatically be posted on customers’ accounts - both the flat rebates and the additional support for customers in the Rate Assistance Program or with bill arrearages greater than 180 days, as well as other customers in need, as described below.

Alternative Hybrid Jan. 2023 Residential Gas Rebate Amounts and Costs Jan. 2023 Residential Gas Additional Assistance Rebates and Costs 4 Rate Assistance Program https://www.cityofpaloalto.org/Departments/Utilities/Residential/Utilities- Assistance/Rate-Assistance-Program-RAP
Jan. 2023 Gas
Residential Bill
Range
% of Total
Residential Gas
Customers
# of Residential
Gas Customers
Greater than $1,000 4.4% 973
$500 to $1,000 27.5% 6,034
$150 to $500 43.7% 9,582
Less than $150 24.4% 5,342
Jan. 2023 Gas Residential
Bill Range
% of Total
Residential Gas
Customers
# of Residential
Gas Customers
Flat
Rebate
Amount
Cost
Greater than $800 10.1% 2,134 100.00$ 213,400$
$400 to $800 34.7% 7,322 85.00$ 622,370$
Less than $400 55.2% 11,654 70.00$ 815,780$
Subtotal 100.0% 21,110 1,651,550$
Jan. 2023 Gas Residential
Bill Range
% of Total
Residential Gas
Customers
# of Residential
Gas Customers
Additional
Rebate
Amount
Cost
Rate Assistance Program 470 100.00$ 47,000$
Arrearage > 180 days 280 100.00$ 28,000$
Winter Rebate Application 350 100.00$ 35,000$
Subtotal 1,100 110,000$
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Utilities will also create a new Winter Rebate application for customers who are not eligible under RAP or who do not have arrearages greater than 180 days. Active residents with hardships such as reduction of employment, loss of a wage earner, or high medical bills can apply for an additional $100 rebate which will be credited to their utility bill. The Winter Rebate application can be found at: https://www.cityofpaloalto.org/Departments/Utilities/Residential/Utilities- Assistance.

Electric Rebate Program
Due to concerns raised by residents of their high electric bills this winter, staff analyzed January 2023 residential electric bills for the service period of January 1, 2023 through January 31, 2023.

CPAU had a total of 26,631 residential electric customers in January 2023. Total January 2023 retail residential electric charges were $3.6M, compared to $2.9M in December 2022. residential bills for the service period of January 2023 were as follows:

On March 21, 2023, the Finance Committee requested a hybrid program that would provide a more meaningful rebate across all customer classes and offer additional rebate assistance to customers with low-income or other hardships be calculated and return to the Committee April 4th. However, with the recent direction from the City Council on March 27, 2023, staff has recalculated an alternative hybrid electric rebate in alignment with the gas utility rebate. In the interest of quickly responding to these high utility costs incurred by customers, staff has brought this rebate program to the full Council for approval. The recommended rebate program mirrors the tiered flat rate rebates for all customers based on bill size, and provides additional support for those customers with low income or other hardships.

Overall, the program costs were not to exceed the 20% rebate for all January 2023 residential utility customers. The tables below outline staff’s revised calculation for Council approval.

Rebates will automatically be posted on customers’ accounts both the flat rebates and the additional support for customers in need.

Jan. 2023 Residential Electric Rebate Amounts and Costs Jan. 2023 Electric
Residential Bill Range
% of Total
Residential
Electric
Customers
# of Residential
Electric
Customers
Greater than $1,000 0.2% 63
$500 to $1,000 1.6% 435
$150 to $500 29.9% 7,962
Less than $150 68.2% 18,171
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Jan. 2023 Residential Electric Additional Assistance Rebates and Costs Next Steps
Below is table of the combined gas and electric rebates if a residential customer has both gas and electric utility services. City staff will calculate the individual residential rebate amount based on the number of services, RAP enrollment, and arrearage status. The rebates will be applied on customer’s April or May 2023 utility bill as “Winter Rebate” depending on their billing schedule.

Customers who apply for the Winter Rebate hardship program will receive a subsequent rebate after their application is approved.

A customer with a low January bill (less than $400 gas bill and less than $300 electric bill) will receive a rebate of $90; they may also qualify for an additional $400 rebate if they are enrolled in RAP and have arrearages greater than 180 days. A customer with a high January bill (greater than $800 gas bill and greater than $500 electric) will receive a rebate of $165, they may also qualify for an additional $400 rebate if they are enrolled in RAP and have arrearages greater than 180 days.

Jan. 2023 Electric
Residential Bill Range
% of Total
Residential
Electric
Customers
# of Residential
Electric
Customers
Flat
Rebate
Amount
Total Cost
Greater than $500 2.0% 492 65.00$ 31,980$
$300 to $500 6.7% 1,691 45.00$ 76,095$
Less than $300 91.3% 22,938 20.00$ 458,760$
Subtotal 100.0% 25,121 566,835$
Jan. 2023 Electric
Residential Bill Range
% of Total
Residential
Electric
Customers
# of Residential
Electric
Customers
Additional
Rebate
Amount
Total Cost
Rate Assistance Program 650 100.00$ 65,000$
Arrearage > 180 days 400 100.00$ 40,000$
Winter Rebate Application 350 100.00$ 35,000$
Subtotal 1,400 140,000$
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FISCAL/RESOURCE IMPACT
Staff recommends a total appropriation of $2,468,385 in the FY 2023 General Fund; a transfer to the Gas Fund of $1,761,550; a transfer to the Electric Fund of $706,835; and offset by a reduction of $2,468,385 in the General Fund Budget Stabilization Reserve.

The General Fund transfers will support expected lower customer revenues in the Gas Fund budget by $1,761,550 to provide gas rebates in the form of bill credits for customers and expected lower customer revenues in the Electric Fund by $706,835 to provide electric rebates for residential customers also in the form of bill credits for customers.

ENVIRONMENTAL REVIEW
The Council’s approval of updated residential Winter gas and electric rebate programs, repeal of the prior gas rebate program, and associated budget appropriations does not meet the California Environmental Quality Act’s definition of a project, under Public Resources Code Section 21065 and CEQA Guidelines Section 15378(b)(4) and (5), as a governmental fiscal and administrative activity which will not cause a direct or indirect physical change in the environment.

APPROVED BY:

Dean Batchelor, Director Utilities
Staff: Dave Yuan, Strategic Business Manager
Jan 2023 Residential Bill # of Accounts1 % of Total Accounts Cost Gas Rebate Electric Rebate Combined RebateHigh Billl 2,626 5.7% 245,380$ 100.00$ 65.00$ 165.00$ Med/High Bill 9,013 19.5% 698,465$ 85.00$ 45.00$ 130.00$ Low/Med Bill 34,592 74.8% 1,277,540$ 70.00$ 20.00$ 90.00$ SubTotal 100.0% 2,221,385$ Rate Assistance Program 1,101 110,100$ 100.00$ 100.00$ 200.00$ Arrearage > 180 days 669 66,900$ 100.00$ 100.00$ 200.00$ Winter Rebate Application 700 70,000$ 100.00$ 100.00$ 200.00$ SubTotal 247,000$ Total Cost 2,468,385$ 1 One customer may be grouped in multiple bill tiers and qualify for both electric and gas rebates Item 9
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Utilities
Meeting Date: April 10, 2023
Staff Report:2303-1119
TITLE
Approval of the Electric Utility Construction Services Contract With VIP Powerline Corp. (C23185980) for a Total Not-to-Exceed Amount of $20,000,000 Over Five Years; CEQA status – exempt (existing facilities, replacement or reconstruction)

RECOMMENDATION
The Finance Committee and Staff recommend the Council Approve and authorize the City Manager to execute the construction contract C23185980 (Attachment A) with VIP Powerline Corp. (VIP) in an amount not-to-exceed $20,000,000 over five (5) years, with an annual not-to- exceed amount of $4,000,000 for Electric Construction Services to provide essential ongoing operational work including construction maintenance and system improvement work on the City’s electric distribution system at various locations throughout the City of Palo Alto.

EXECUTIVE SUMMARY
On March 7, 2023, the Finance Committee unanimously recommended the Council approve staff recommendation (staff report 2301-0718)1 though also recommended it be placed on the Action calendar, as one committee member felt a full council discussion would be appropriate based on the high contract value.

The Electric Utility has routinely hired contractors over the last 25+ years to assist City crews in offsetting the labor shortages caused by the inability to hire qualified electrical journey-level line workers. In addition, these contractors have provided maintenance and capital system improvement construction work to replace or reconstruct infrastructure as required. Staff prepared an Invitation for Bids (“IFB”) soliciting qualified contractors to provide Electric Construction crew(s) at the City’s request and billed on a time/labor and equipment basis. These bids were for labor and equipment costs only as materials were not included as a bid item since they will be supplied by the City. Staff received and evaluated a total of three (3) bids and VIP was declared the lowest base bid.
1 Finance Committee March 7, 2023 Staff Report 2301-0718 https://portal.laserfiche.com/Portal/DocView.aspx?id=65502&repo=r-704298fc&searchid=8cc22a29-c57e-425a- aebe-1d67527b7912
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BACKGROUND
The most recent utility construction services contract was for a three-year term was with Hot Line Construction Inc. (HLC). The City issued an Invitation for Bid (IFB) in July 2019 (IFB #172366A) for overhead construction services. Council awarded Contract No. C20172366A to HLC1 on October 7, 2019 (Staff Report 105022), with the Notice to Proceed issued February 24, 2020.

Under this contract through February 23, 2023, the total not-to-exceed amount was originally $4,500,000 for three years, with an annual not-to-exceed amount of $1,500,000. An amendment was then submitted (Staff Report 134703) for approval of an exemption to Competitive Solicitation and Change Order No. 1 to the existing Contract C20172366A with HLC for additional underground construction and emergency construction on-call services, increasing the contract amount by $6,800,000 for a new not-to-exceed amount of $11,300,000 for the entire three-year term of the contract. Throughout the industry, Utilities are struggling with a labor shortage of qualified electrical journey-level line workers. There is a high demand for this type of work and resources are scarce. There is increased pressure on Investor-Owned Utilities such as PG&E to reduce the potential for fires around their electric infrastructure, this has resulted in a dramatic increase in utility construction work and has contributed to the lack of available qualified electrical journey-level lineperson workers. Over the past 10 years, Utility Electric Operations has not been able to successfully hire and retain qualified electrical journey-level staff, specifically in the line construction section, to perform the required work on the electric distribution system.

This contract will provide electric line construction crew(s) and relative equipment to be used on an ongoing, as-needed basis to assist with construction, operating activities, and emergency response on the City of Palo Alto Utilities Electric Distribution System.

ANALYSIS
The Electric Line Construction Division currently has insufficient resources to meet daily operational demands, complete required work, connect new services, and respond to emergencies/unplanned outages. This is due to the high number of vacancies and the inability to retain and hire qualified electrical journey-level line workers in a high demand labor market.

Critical utility electric operations would be compromised if the City does not contract out this work until it can hire qualified electrical journey-level line workers and/or train internal staff in the form of an apprenticeship program, which takes four (4) years to complete. This contract will also support emergency or unplanned service outage response. A standby unit is needed to assess and isolate a system outage and perform corrective repairs. The City’s ability to adequately staff the standby unit with existing internal staffing is very limited, and there is similarly limited availability of additional qualified internal staff to address the corrective actions and repairs to the system. Some system failures require emergency repair work matched with specialized electrical journey-level line workers, construction equipment, and other such resources that a licensed contractor crew can provide. The award of this contract is essential to provide the Item 10
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ongoing operational work necessary to ensure the City provides safe, reliable power to the City’s utility customers and to keep the electric distribution system in compliance with state and utility regulations. The City proposes to utilize contract labor and equipment to supplement City electric utility crews in the construction of necessary maintenance, pole replacements, emergency response, and existing facilities upgrades on the electric distribution system at various locations throughout the City. Staff confirmed the Contractor's State License and they are registered with the Department of Industrial Relations (DIR). Staff checked references supplied by the contractor for previous work performed and found references to be satisfactory. This contractor demonstrates the knowledge and skills required to perform the work. Therefore, staff considers the low based bid acceptable for the work involved and recommends the award of the contract to VIP.

The following table summarizes the bid process initiated on August 18, 2022:

Bid Name/Number
Electric Utility Construction Services
Project - IFB 185980
Proposed Length of Project 5 years
Number of Bids Emailed to Contractors 1,339
Number of Bids Emailed to Builder’s Exchanges 3
Total Days to Respond to Bid 35
Pre-Bid Meeting? Yes
Number of Company Attendees at Pre-Bid Meeting 7
Number of Bids Received: 3
Bid Price Range (Annual Estimate) $4,191,000 to $4,625,570 *Bid summary provided in Attachment B.

This contract is on the City’s task order construction contract template, which permits the City to terminate without cause/for convenience by providing written notice to the contractor in the event the City finds itself facing budget shortfalls or amending the contract to reduce the cost, for example, by reducing the scope of work. The term of the contract is five (5) years, and staff has found that a multi-year contract is advantageous to the City as it allows us to retain continuity with a contractor that can source highly qualified workers. The work by the contractor will be continually monitored and evaluated. All work under this contract for subsequent fiscal years will be subject to satisfactory performance by the contractor and appropriation of required funds in the respective fiscal years.

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TIMELINE
If Council approves the Contract, the Contractor will provide the City with the requested operation crew(s) within seven (7) days of the issuance of the Notice to Proceed.

POLICY IMPLICATIONS
The approval of this contract is consistent with existing City policies, including the Council approved Utilities Strategic Plan-Strategic Strategic Plan 2018 Objectives: Priority 4: Financial Efficiency and Resource Optimization; we must manage our finances optimally and use resources efficiently to meet our customers’ service priorities. Strategy 1. Establish a proactive infrastructure replacement program based on planned replacement before failure to support reliability and resiliency.

FISCAL/RESOURCE IMPACT
Funding of $4,000,000 for the first year of this contract is available in the Electric Operating and Capital Fund budgets. The Electric Operating budget will fund $2,000,000, this includes a transfer of $800,000 in annual salary savings from vacant electrical lineperson positions to the operating budget fund. Additional material costs will be recommended in the FY2024 base budget to align with the work to be performed. The Electric Capital budget funds the remaining $2,000,000 of the contract based on anticipated work among various existing projects (specific projects subject to change based on actual services rendered to each project). For example: Electric Customer Connections (EL-89028) $500,000, Wood Pole Replacement (EL-19004) $500,000, and Electric System Improvements (EL-98003) $1,000,000. Continued work and funding under this contract for FY 2024 through FY 2028 will be subject to satisfactory performance by the contractor and Council approval of annual appropriations. Staff is advancing this recommendation as reflected in the City’s adopted budget.

STAKEHOLDER ENGAGEMENT
This was completed as a public request for proposals and coordinated with internal stakeholders, including the procurement division and legal reviews.

ENVIRONMENTAL REVIEW
This work is categorically exempt from the California Environmental Quality Act (CEQA), under section 15301 (repair or maintenance of existing facilities), and section 15302 (replacement or reconstruction of existing structures and facilities) of Title 14 of the California Code of Regulations (“CEQA Guidelines”). There are no reasonably foreseeable adverse impacts from this resolution, and there is no possibility that the activity in question would have a significant effect on the environment.

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ATTACHMENTS
Attachment A: VIP Powerline Corp. Contract, C23185980
Attachment B: Proposal Summary IFB185980
APPROVED BY:

Dean Batchelor, Director Utilities
Staff: Tomm Marshall, Assistant Director, Electric and Fiber Utilities Letty Rodriguez, Utilities Supervisor
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CONSTRUCTION CONTRACT
TA

SK ORDER CONSTRUCTION CONTRACT
Co
ntract No. C23185980
Cit
y of Palo Alto
Ele
ctric Utility Construction Project
2023-2028 Year Task Order Contract

CITY OF
PALO
ALTO
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TASK ORDER CONSTRUCTION CONTRACT

TABLE OF CONTENTS
S
ECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS……………………………………...…………..6 1 .1 Recitals…………………………………………………………………………………………………………………….6 1 .2 Definitions……………………………………………………………………………………………………………….7 SECTION 2 THE PROJECT………………………………………………………………………………………………………...8 SECTION 3 THE CONTRACT DOCUMENTS………………………………………………………………………………..8

3.1 List of Documents……………………………………………………………………………………….…….........8

3.2 Order of Precedence……………………………………………………………………………………………......9 SECTION 4 CONTRACTOR’S DUTY……………………………………………………………………………….…………..9

4.1 Contractor's Duties…………………………………………………………………………………………………..9

4.2 On-Call Provision………………………………………………………………………………………………………9

4.3 Guarantee to Repair Period………………………………………………………………………………………10 SECTION 5 PROJECT TEAM……………………………………………………………………………………………………..10

5.1 Contractor's Co-operation………………………………………………………………………………….…..10 SECTION 6 TIME OF COMPLETION………………………………………………………………………..………….......11 6 .1 Time Is of Essence………………………………………………………………………………..………………….11 6 .2 Commencement of Work…………………………………………………………………...……………………11 6 .3 Contract Time…………………………………………………………………………………..……………………..11 6 .4 Liquidated Damages…………………………………………………………………………………………………11 6 .4.1 Other Remedies……………………………………………………………………………………………………..11 6 .5 Adjustments to Contract Time………………………………………………………………………………….11 SECTION 7 COMPENSATION TO CONTRACTOR……………………………………………………………….……….11 7 .1 Maximum Compensation and Contract Sum……….…………………………………………….………11 7 .2 Full Compensation……………………………………………………………………………………………………12

7.3 Payment..…………………………………………………………………………………………………………………12 SECTION 8 STANDARD OF CARE…………………………………………………………………………………….………..12

8.1 Standard of Care…………………………………………………………………………………..…………………12 SECTION 9 INDEMNIFICATION……………………………………………………………………………………………..…13 Packet Pg. 74
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9 .1 Hold Harmless……………………………………………………………………………………………..………….13 9 .2 Survival………………………………………………………………………………………………………...…………13 SECTION 10 NON-DISCRIMINATION……..……………………………………………………………………...…………13

10.1 Municipal Code Requirement…………….………………………………..……………………..………….13 SECTION 11 INSURANCE AND BONDS.…………………………………………………………………….………………133

11.1 Evidence of Coverage……………………………………………………………………….….………………..13 SECTION 12 PROHIBITION AGAINST TRANSFERS………………………………………………………………..….…14

12.1 Assignment………………………………………………………………………………………….…………….….14

12.2 Assignment by Law.…………………………………………………………………………………………….…14 SECTION 13 NOTICES ……………………………………………………………………………………………………….…….14

13.1 Method of Notice …………………………………………………………………….……………………………14

13.2 Notice Recipents ……………………………………………………………………..…………………………….14

13. 3 Change of Address…………………………………………………………………………………….…..……….15 SECTION 14 DEFAULT……………………………………………………………………………………….………….………...15

14. 1 Notice of Default…………………………………………………………………………………………………….15

14. 2 Opportunity to Cure Default……………………………………………………………………………………16 SECTION 15 CITY'S RIGHTS AND REMEDIES………………………………………………………………………….....16

15. 1 Remedies Upon Default………………………………………………………………………………………….16

15. 1.1 Delete Certain Services……………………………………………………………………………………….16

15. 1.2 Perform and Withhold………………………………………………………………………………………..16

15. 1.3 Suspend The Construction Contract……………………………………….……………………………16

15.1.4 Terminate the Construction Contract for Default……………………………………..…………16

15. 1.5 Invoke the Performance Bond…………………………………………………………………………….16

15. 1.6 Additional Provisions………………………………………………………………………………………….17

15. 2 Delays by Sureties………………………………………………………………………………………………….17

15. 3 Damages to City……………………………………………………………………………………………………..177

15. 3.1 For Contractor's Default……………………………………………………………………………………..177

15. 3.2 Compensation for Losses……………………… ……………………….……………………………………177

15. 4 Suspension by City………………………………………………………………………………………………….177

15. 4.1 Suspension for Convenience………………………………………………………………………………..177 Item 10
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1 5.4.2 Suspension for Cause…………………………………………………..…………………………………..1 8

15. 5 Termination Without Cause……………………………………………………………………………….…18

15. 5.1 Compensation………………………………………………………………………………………………….18

15.5.2 Subcontractors………………………………………………………………………………………………..18

15. 6 Contractor’s Duties Upon Termination………………………………………………………………...19 SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES…………………….………………………………………19

16.1 Contractor’s Remedies……………………………………..………………………………..…………..…….19

16. 2 Damages to Contractor………………………………………………………………………………………..19 SECTION 17 ACCOUNTING RECORDS………………………………………………………………………………….…19

17. 1 Financial Management and City Access………………………………………………………………..19

17. 2 Compliance with City Requests…………………………………………………………………………….20 SECTION 18 INDEPENDENT PARTIES……………………………………………………………………………………..200

18.1 Status of Parties……………………………………………………………………………………………….…20 SECTION 19 NUISANCE……………………………………………………………………………………………………...…200

19.1 Nuisance Prohibited………………………………………………………………………………….………..20 SECTION 20 PERMITS AND LICENSES…………………………………………….…………………………..………….200

20.1 Payment of Fees……………………………………………………………………………………..…………..20 SECTION 21 WAIVER…………………………………………………………………….……………………….………….….20

21.1 Waiver………………………………………………………………………………………………….…….……….20 SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS………………..………………..21

22.1 Governing Law.……………………………………………………………………………………….…………..21

22.2 Compliance with Laws…………………………………………………………………………………………21

22.2.1 Palo Alto Minimum Wage Ordinance…………….………………………………………………….21 SECTION 23 COMPLETE AGREEMENT……………………………………………………………………………………21

23.1 Integration………………………………………………………………………………………………………….21 SECTION 24 SURVIVAL OF CONTRACT…………………………………………………………………………………..21

24.1 Survival of Provisions…………………………………………………………………………….……………21 SECTION 25 PREVAILING WAGES………………………………………………………………………………………….21 SECTION 26 NON-APPROPRIATION……………………………………………………………………………………...22

26.1 Appropriation…………………………………………………………………………………………………..…22 Item 10
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SECTION 27 AUTHORITY……………………………………………………………………………………………………….22

27.1 Representation of Parties…………………………………………………………………………………….22 SECTION 28 COUNTERPARTS………………………………………………………………………………………………..22

28.1 Multiple Counterparts………………………………………………………………………………………….22 SECTION 29 SEVERABILITY……………………………………………………………………………………………………22

29.1 Severability………………………………………………………………………………………….……………..22 SECTION 30 STATUTORY AND REGULATORY REFERENCES ……………………………………….…………...22

30.1 Amendments of Laws…………………………………………………………………………….……………22 SECTION 31 WORKERS’ COMPENSATION CERTIFICATION………………………………………..……….…..23

31.1 Workers Compensation…………………………………………………………………….………………..23 SECTION 32 DIR REGISTRATION AND OTHER SB 854 REQUIREMENTS…………………….………..….23

32.1 General Notice to Contractor………………………………………………………………………………23

32.2 Labor Code section 1771.1(a)………………………………………………………………………….....23

32.3 DIR Registration Required…………………………………………………………………………….…….23

32.4 Posting of Job Site Notices…………………………………………………………………………….......23

32.5 Payroll Records…………………………………………………………………………………………….…….23 Item 10
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TASK ORDER CONSTRUCTION CONTRACT
TH
IS TASK ORDER CONSTRUCTION CONTRACT (“ Construction Contract”) entered into on January 23, 2023 (“Execution Date”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("City"), and VIP POWERLINE CORPORATION ("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. C
ontractor is a corporation duly organized and in good standing in the State of California, Contractor’s License Number 1078161 and Department of Industrial Relations Registration Number PW- LR-1000843267.

C
ontractor represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract.

C. On Au
gust 18. 2022, City issued an Invitation for Bids ("IFB") to contractors for the Electric Utility Construction Services (“Project”). In response to the IFB, Contractor submitted a Bid.

D. C
ity 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 a nd conditions.

NO
W 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.

A
ll of the recitals are incorporated herein by reference. //
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1.2 Definitions.

C
apitalized terms shall have the meanings set forth in this Construction 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. The following definitions apply to this Construction Contract and the General Conditions, notwithstanding and superseding any differing definitions in Article 1 of the General Conditions:

A
cceptance: The point at the end of the Term (as defined in Section 2) when Contractor has fully performed each Task Order in compliance with the Contract Documents and the Project as a whole is accepted by the City in writing, including each Task Order which has been Conditionally Accepted.

C
hange Order: A duly authorized written instrument signed by the City or by the City and Contractor, which operates to amend the scope of Work in a Task Order, and which also amends the Task Order Compensation Amount or Contract Time.

C
onditional Acceptance/Conditionally Accepted: The City's provisional acceptance of a completed Task Order, subject to final Acceptance of the Project at the end of the Term.

C
ontract Sum: The maximum amount of compensation stated in Section 7 of this Construction Co ntract that is payable to Contractor for performance of the Work encompassed in the Task Orders issued by the City for the performance of the Work in accordance with the Contract Documents, including adjustments made by Change Order.

C
ontract Time: The total number of days set forth in a Task Order within which completion of the Task Order Work, including any adjustments of time (increases or decreases) made by Change Order.

F
ield Order: A written instrument signed by the City or its Construction Manager that authorizes and directs performance of the Work described therein , and which may or may not include adjustments (increase or decrease) to the Task Order Compensation Amount or Contract Time.

F
inal Completion: Full completion of the Work required by a Task Order, including all punc h list items and submission of Record Documents, all to City's satisfaction.

F
inal Payment: Final Payment of any undisputed amounts due to Contractor following Acceptance, 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, 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.

T
ask Order: A written directive issued by the City to the Contractor using the Task Order form attached as Exhibit A-1 to this Construction Contract which specifies a scope of Work to be performed by the Contractor as well as the time for commencement and completion of the Work and the Task Order Compensation Amount, including any documents attached thereto or incorporated therein, an d which may be modified by Change Order.

T
ask Order Compensation Amount: The total amount payable to Contractor for satisfactory completion of a Task Order in accordance with the Contract Documents.

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Work: All labor, materials, equipment, services, permits, fees, licenses, and taxes, and all other things necessary for Contractor to perform its obligations and complete a Task Order, including, without limitation, any changes or additions requested by City, in accordance with the Contract Documents and all Applicable Code Requirements.

SECTION 2 THE PROJECT.

T
he Project is located at various locations within Palo Alto, CA. The Project requires the Contractor to perform Work as specified in any Task Order issued by the City from time to time over a five (5) year period of time, beginning on the Execution Date set forth above (the "Term" ). In the event that the Work specified in any Task Order is not completed by the expiration of the Term, the City, in its sole discretion, may elect to extend the Term until completion of the Work and the City's final Acceptance of the Project as a whole.

SECTION 3 THE CONTRACT DOCUMENTS.

3. 1 List of Documents.

T
he Contract Documents consist of the following documents which are on file with the City's Purchasing Division and are hereby incorporated by reference.
1) C
hange Orders
2) F
ield Orders
3) C
onstruction Contract
4) B
idding Addenda
5) T
ask Orders, and attachments thereto
6) Sp
ecial Provisions
7) G
eneral Conditions
8) P
roject Plans and Drawings
9) T
echnical Specifications
10 ) Instructions to Bidders
1 1) Invitation for Bids
1 2) Contractor's Bid and Non-Collusion Declaration
1 3)
Reports listed in the Contract Documents
1 4)
Public Works Department’s Standard Drawings and Specifications (most current version at time of Bid)
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15) Utilities Department’s Water, Gas, Wastewater, Electric Utilities Standards (most current version a t t
ime of Bid)
1 6) C
ity of Palo Alto Traffic Control Requirements
1 7) C
ity of Palo Alto Truck Route Map and Regulations
17) N
otice Inviting Pre-Qualification Statements, Pre-Qualification Statement, and Pre-Qualification Checklist (if applicable)
18) P
erformance 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 pr eceding 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.

C
ontractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents and individual Task Orders, 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 as specified in each Task Order and in the Contract Documents , including, but not limited to, provision of all necessary labor, materials, equipment, transport ation, 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. Unless otherwise specified in a Task Order:

4.1.1 Work should be performed during normal work hours (Monday through Friday between 8 AM and 6 PM).

4.1.2 Each excavation must be fully restored within forty-eight (48) hours.

4.1.3 City representative shall be present to inspect W ork performed and obtain necessary measurements/survey data if applicable.

4.1.4 Contractor must coordinate with the City’s representative to schedule soil compaction testing prior to pavement restoration.

4.1.5 Contractor shall anticipate up to 24- hour turn- around time for City’s contracted testing lab to perform soil compaction testing.
4 .2 On-Call Provision.
4 .2.1 Work performed under the Contract will be performed within the Term, on an on -call basis, as requested by the City from time to time, as needed, with a Task Order assigned and approved by the City’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A -1.

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4.2.2 Prior to issuing the firs t Task Order, the City will schedule a mandatory pre -construction meeting with the Contractor, which will include review of the Task Order procedures and Project requirements.

4. 2.3 Each Task Order shall designate a City Project Manager and shall contain a specific scope of Work, a specific schedule of performance, and the Task Order Compensation Amoun t. Because each Task Order will contain a specific schedule of performance, unless otherwise specified in a Task Order, the Construction Schedule submittal requirements set forth in Section 3.10 (Schedules Required of Contractor) or in part

1.05 of Section 800 (Additional Provisions for Utilities Construction) of the Technical Specifications will not apply to this Construction Contract.
4 .2.3 Time is of the essence in completion of all Task Order Work. Therefore, Contractor must sign each Task Order issued by the City and return it to the Project Manager in PDF form sent via email, as indicated on the Task Order form, within 2 days of the issuance date shown on the Task Order.

4. 2.4 If Contractor has any objections to or questions regarding a Task Order it must notify City of such objections or questions promptly following receipt of the Task Order so any such issues may be resolved without delaying the Work as scheduled. Contractor's failure to timely comply with the requirements in this paragraph will be deemed a material breach of this Construction Contract. 4 .2.5 The aggregated Task Order Compensation Amount issued under this Construction Contract shall not exceed the maximum Contract Sum set forth in Section 7, below. Contractor shall only be compensated for Work performed under an authorized Task Order and the City may elect, but is not required, to authorize Work up to the maximum Contract Sum set forth in Section 7. 4 .3 Guarantee to Repair Period.

No
twithstanding any provision in the Contract Documents to the contrary, the one -year "Guarantee To Repair Period" specified in Section 12.2 of the General Conditions (Correction of Defective Work and Guarantee to Repair Period) will commence separately fo r each Task Order, beginning from the date of Conditional Acceptance by the City of each Task Order. If Contractor fails to repair Defective Work within the applicable Guarantee To Repair Period, the City may deduct its cost of having such Defective Work repaired from any payments otherwise due to Contractor.

SECTION 5 PROJECT TEAM.
5 .1 Contractor’s Co-operation.

I
n 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. /
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SECTION 6 TIME OF COMPLETION.
6 .1 Time Is of Essence.

T
ime is of the essence with respect to all time limits set forth in the Contract Documents, including each Task Order. 6 .2 Commencement of Work.

C
ontractor shall commence the Work on the date specified in each Task Order , notwithstanding references elsewhere in the Contract Documents to commencing Work on the date specified in the Notice to Proceed . 6 .3 Contract Time.

W
ork hereunder shall begin on the date specified in each Task Order, and the specific work authorized by each Task Order shall be completed no later than the time/schedule requirements specifi ed therein, and in conformance with the Contract Documents.
6 .4 Liquidated Damages.

P
ursuant to Public Contract Code Section 7203 and Government Code Section 53069.85, if Contractor fails to achieve Final Completion of the entire Work within the Contract Time specified in a Task Order, including any approved extensions thereto, City may assess liquidated damages on a daily basis for each day of Unexcused Delay in achieving Final Completion of the Task Order, based on the amount of zero dollars ($0) per day, or as otherwise specified in the Special Provisions. 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 set off the amount of liquidated damages assessed against any payments otherwise due to Contractor, including, but not limited to, setoff against any payment otherwise due or to become due to Contractor . If the total amount of liquidated damages assessed exceeds payment otherwise due to Contractor , 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. This provision takes precedence over and supersedes any inconsistent or conflicting provisions elsewhere in the Contract Documents, including Section 13.0 of the Instructions to Bidders.
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 Final Completion of the entire Work within the Contract Time specified in a Task Order. 6 .5 Adjustments to Contract Time.

T
he Contract Time for each Task Order 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 Maximum Compensation and Contract Sum.

C
ontractor shall be compensated for the Task Order Compensation Amount specified in each Task Order for satisfactory completion of the Work specified in that Task Order in compliance with the Contract Documents, but the Contract Sum will not exceed Twenty Million Dollars ($20,000,000.00) for the Term.

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I n addition, the total annual Task Order Compensation Amount may not exceed during each year of the Term.
7 .2 Full Compensation.

T
he Task Order Compensation amount, 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 required by each Task Order until its Conditional 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 Task Order Compensation Amount may only be adjusted by a Change Order approved in accordance with the requirements of the Contract Documents.
7 .3 Payment.

N
otwithstanding any conflicting or inconsistent provisions in the Contract Documents, including Article 9 (Payments and Completion) of the General Conditions, the following will apply to this Construction Contract:
7 .3.1 The Task Order Compensation Amount will be based upon the unit prices set forth in the Bid Schedule and not on a separate Schedule of Values.
7 .3.2 The City will withhold five percent (5%) retention from each payment to Contractor. All undisputed retention will be released to Contractor within sixty (60) days following:

The end of each one -year period during the Term, measured from the Execution Date.

Other: ______N/A________________________________________________. 7 .3.3 The City may also withhold or make deductions from payments otherwise due or to become due to the Contractor as otherwise specified within the Contract Documents, including deductions for liquidated damages or withholding for unreleased stop notices.

7. 3.4 Section 9.7 (Substantial Completion) of the General Conditions will not apply to this Construction Contract and all other references to "Substantial Completion" in the Contract Documents will be deemed to mean "Final Completion," as defined herein.

SECTION 8 STANDARD OF CARE.
8 .1 Standard of Care.

C
ontractor agrees that the Work shall be performed by qualified, experienced and well -supervised personnel. All Work 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 work for projects of the type, scope and complexity of the Project.
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SECTION 9 INDEMNIFICATION.
9 .1 Hold Harmless.

T
o 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 co sts 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 comp ly 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 enforce this provision. N othing in t he Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee.

P
ursuant to Public Contract Code Section 9201, City shall timely notify Contractor upon receipt of any thi rd-party claim relating to the Contract.
9 .2 Survival.

T
he provisions of Section 9 shall survive the termination 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 because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. Contractor acknowledges that it has read and understands the provisions of Section

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.

W
ithin 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. Notwithstanding any conflicting or inconsistent provisions elsewhere in the Contract Documents, the amount for each of the bonds must be based upon o ne hundred percent (100%) of the Contract Sum, as defined in this Construction Contract.
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SECTION 12 PROHIBITION AGAINST TRANSFERS.

12. 1 Assignment.

C
ity 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, including any Task Order, directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecatio n 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.

T
he 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 NOTICES.

13. 1 Method of Notice.

A
ll 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.

13. 2 Notice to Recipients.

A
ll 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: C ity of Palo Alto
P ublic Works Administration
250 H
amilton Avenue
Palo Alto, CA 94301
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A ttn:

AND
[ Include Construction Manager, If Applicable.]
_______________________________
_______________________________
_______________________________
_______________________________
C ity of Palo Alto
U tilities Engineering
250 Hamilton Avenue
Palo Alto, CA 94301
Attn: Letty Rodriguez
L
[email protected]
I
n addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following:

P
alo Alto City Attorney’s Office
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, California 94303
Al
l Claims shall be sent by registered mail or certified mail with return receipt requested.

A
ll notices, demands, requests or approvals from City to Contractor shall be addressed to:

VI
P Powerline Corp,
15043 Wolfgang Road
Truckee, CA 96161
Attn: Brent Tymchuk
[email protected]

13. 3 Change of Address.

I
n 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.

I
n 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 , including any Task Order, 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. □
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14.2 Opportunity to Cure Default.

E
xcept for emergencies, Contractor shall cure any default in performance of its o bligations 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 brea ch 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 no 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.

I
f 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 Work . City may, without terminating the Construction Contract, delete certain portions of the Work from one or more Task Orders, 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 from one or more Task Orders that has not been adequately performed by Contractor and withhold the cost thereof to City from future payments to Contractor, 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 rights to Losses related thereto, suspend all or any portion of this Construction Contract or one or more Task Orders 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 , Task Order Compensation Amount 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 Contractor a written notice of termination in the manner s pecified 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 termi nating 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 Construction Contract 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 liquidated damages and Losses suffered by City.

15. 2 Delays by Sureties.

T
ime 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 C ity 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 a Task Order 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 under one or more Task Orders in whole or in part. 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 e xtension 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.

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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 including the applicable Task Order(s), City may immediately order the Work, or any portion thereof, suspended until the cause for the suspension has been eliminated to City’s satisfaction. 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.

15. 5 Termination Without Cause.

C
ity 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, incl uding, 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 F
or 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 Fo
r 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 F
or Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work. .4 P
rofit 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.

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15.6 Contractor’s Duties Upon Termination.

U
pon 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 materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work tha t is not discontinued; (iii) For each Task Order, p rovide 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 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.

U
pon 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. If City does not make 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.

I
n 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.

C
ontractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financi al 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, vouchers, memoranda and other data relating to this Project. Contractor Packet Pg. 91
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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.

17. 2 Compliance with City Requests.

C
ontractor'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 o bligation 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 s ubmitted to such court, without the necessity of oral testimony.

SECTION 18 INDEPENDENT PARTIES.

18. 1 Status of parties.

E
ach party is acting in its independent capacity and not as agents, employees, partners, or joint ventures 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.

C
ontractor 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.

20. 1 Payment of Fees.

Except as otherwise provided in the Special Provisions and Technical Specifications or an individual Task Order, 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.

21. 1 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.

T
his Construction Contract shall be construed in accordance with and governed by the laws of the State of California, and venue shall be in a court of competent jurisdiction in the County of Santa Clara, and no other place.

22. 2 Compliance with Laws.

C
ontractor 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 it may be amended from time to time. In particular, for any employee otherwise entitled to the 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.

Th
is Construction Contract, including the Contract Documents incorporated herein, represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This Construction Contract may be amended only by a written instrument, which is signed by the parties.

SECTION 24 SURVIVAL OF CONTRACT.

24. 1 Survival of Provisions.

T
he provisions of the Construction Contract which by their nature survive termination of the Construction Contract or expiration of the Term, including, without limitati on, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after expiration of the Term or any termination of the Construction Contract.

SECTION 25 PREVAILING WAGES.

This Project is not subject to prevailing wages. Contractor is not required to pay prevailing wages in the performance an d implementation of the Project in accordance with SB 7, if the public works contract does not include a project of $25,000 or less, when the project is for construction work, or the contract does not include a project of $15,000 or less, when the project is for alteration, demolition, repair, or maintenance (collectively, ‘improvement’) work.

Or
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Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council 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 c ontract for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s o ffice of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Cod e pertaining to prevailing wages.

SECTION 26 NON-APPROPRIATION.

26. 1 Appropriations.

Th
is Construction Contract is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Construction Contract will terminate without any penalty (a) at the end of any fiscal year 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 t ake precedence in the event of a conflict with any other covenant, term, condition, or provision of this Construction Contract.

SECTION 27 AUTHORITY.

27. 1 Representation of Parties.

T
he individuals executing this Construction Contract 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.

Th
is Construction Contract may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement.

SECTION 29 SEVERABILITY.

29. 1 Severability.

I
n 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.

W
ith 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, unless otherwise required by law.

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SECTION 31 WORKERS’ COMPENSATION CERTIFICATION.

31. 1 Workers Compensation.

P
ursuant to Labor Code Section 1861, by signing this Construction Contract, Contractor 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 SB 854 REQUIREMENTS.

32. 1 General Notice to Contractor.

C
ity requires Contractor and its listed subcontractors to comply with the requirements of SB 854.

32. 2 Labor Code section 1771.1(a)
C
ity provides notice to Contractor of the requirements of California Labor Code section 1771.1(a), which reads:
“
A contractor or subcontractor shall not be quali fied 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 per form 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.

C
ity will not accept a bid proposal from or enter into this Construction Contract with Contractor without proof that Contractor and its listed 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.

P
ursuant to Labor Code section 1771.4, City gives notice to Contractor and its listed 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.

C
ity requires Contractor and its listed subcontractors to comply with the requirements of Labor Code section 1776, including:
(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 employe e
empl
oyed by, respectively, Contractor and its listed subcontractors, in connection wit h th
e Project.

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24 Rev. July 25, 2022

TASK ORDER CONSTRUCTION CONTRACT
(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 listed subcontractors, respectively.
(
iii) At the request of City, acting by its project manager, Contractor and its liste d s
ubcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of City’s request.

City requests Contractor and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project. (i
v) If the certified payroll records are not produced to the project manager within the 10 - day period, then Contractor and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, a
nd City shall withhold the sum total of penalties from the progress payment(s) the n due
and payable to Contractor. This provision supplements the provisions of Section 15 hereof.
(
v) Inform the project manager of the location of contractor’s and its listed subcontractors ’ pa
yroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of an y ch
ange of location of those payroll records.

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25 Invitation for Bid (IFB) Package Rev. July 2022

CONSTRUCTION CONTRACT
I
N WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above written.

ITY OF PALO ALTO
__
__________________________
City Manager
AP
PROVED AS TO FORM:
__
__________________________
City Attorney or designee
AP
PROVED:
__
__________________________
Utilities Director
V
IP Powerline Corporation
Officer 1
By:_____________________________
Name:__________________________
Title:___________________________
Officer 2
By:____________________________
Name:_________________________
Title:__________________________
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TASK ORDER CONSTRUCTION CONTRACT
EXHIBIT “A-1”

TASK ORDER FORM
Contractor hereby agrees to perform the Work detailed below in accordance with all the terms and conditions of the Construction Contract referenced in Item 1A below. All attachments listed in Item 7 are incorporated into this Task Order by this reference. The Contractor shall furnish the necessary labor, equipment, and materials required by this Task Order as described below, and as further specified in the Contract Documents.

C
ONTRACT NO. ISSUE DATE
Purchase Requisition No.
1A.

TASK ORDER CONSTRUCTION CONTRACT NUMBER
1B. TASK ORDER NO.

2. CONTRACTOR

3. CONTRACT TIME: START: COMPLETION:
4 TASK ORDER COMPENSATION AMOUNT: $__________________
BALANCE REMAINING IN CONTRACT SUM: $__________________________________

5. BUDGET CODE: _______________
C OST CENTER : _________________ COST ELEMENT: ______________ WBS/CIP: ___PHASE: ___

6. CITY PROJECT MANAGER’S NAME/DEPARTMENT:_____________________________________

7. ATTACHMENTS: A: Task Order Scope of Work B (if any): __________________________________ ----------------------------------------------------------------------------------------------------------------------------------- I
hereby authorize the performance of I hereby acknowledge receipt and acceptance the work described above in this Task Order. of this Task Order and warrant that I have authority to sign on behalf of Consultant.

A
PPROVED: APPROVED:

CITY OF PALO ALTO CONTRACTOR NAME: ______________________ B
Y:__________________________________ BY:____________________________________ Name ________________________________ Name __________________________________ Title_________________________________ Title___________________________________ Date _________________________________ Date ___________________________________ Co
ntractor must sign and return this Task Order in PDF form via email to the Project Manager at [email protected] within two days following the Issue Date set forth above.

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27 TASK ORDER CONSTRUCTION CONTRACT
EXHIBIT “A-1”

TASK ORDER FORM
Attachment A – Task Order Scope of Work
1 . DESCRIPTION OF WORK TO BE PERFORMED.
2 . SCHEDULE FOR PERFORMANCE OF WORK.
3 . BASIS FOR TASK ORDER COMPENSATION AMOUNT.
4 . SUBMITTAL REQUIREMENTS.
5 . ADDITIONAL PROVISIONS.

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ATTACHMENT A

SCOPE OF SERVICES

INTRODUCTION
This contract will be to provide electric line construction crew(s) to be used on an ongoing basis to assist with construction, operating activities, and emergency response on the City’s 12kV and 4kV Electric Distribution System. The City proposes to utilize contract labor and equipment to supplement the City’s crews in the construction of necessary maintenance, pole replacements, and existing facilities upgrades on its Electric System, included in this work scope includes but is not limited to overhead and underground extensions to new customers, line conversions, and equipment installation or replacement.

CONSTRUCTION SERVICES
The City will identify, assign, and oversee work being performed. The Contractor’s crew(s) is to complete each assignment within the estimated time and schedule, and in compliance with pertinent City Specifications and State requirements (General Order 95 & 128 of the California Public Utilities Commission (CPUC). In addition, the Contractor must provide its own tools and equipment. Unless otherwise specified, all work is to be performed exclusively by the Contractor and all main and essential material for the work shall be provided by the City.

A. Inspection tags or work orders for equipment and/or locations will be provided, these documents may not contain all the infractions or maintenance present but are required to be completed while performing work at that location. For example, where a G.O. 95 and/or 128 infraction exists but has not otherwise been identified by the City on such tag, the Contractor shall make corrections as though fully identified and specified.

B. The Contractor shall provide all equipment, labor, and tools necessary to complete the assigned work. The necessary equipment and labor will vary based on the type of work the Contractor is asked to perform.

C. The crew(s) will be used primarily to assist with a backlog of maintenance work, system improvements, and customer service work. The crew is expected to be capable of performing all the work described in the Electric Construction Specifications (Attachment B & C). The City can suspend the crew(s) for any period of time, this includes but not limited to due to lack of work, holidays, and available resources such as materials and budget deficits.

D. The Contractor will be required to provide additional personnel on an as needed basis to work. The City will provide a minimum two (2) week notice when additional crew(s) will be required.

E. The regular working hours will be from 7:00 a.m. to 5:30 p.m. working four (4) days a week, essentially a 4/10 work week, which will include a thirty (30) minute non- compensated lunch period. If the crew is requested to work more than forty (40) hours in a work week, the City will pay overtime rates based on bid items. Contractor shall be allotted one weekly thirty (30) minute safety meeting. The City reserves the right to change the work schedule and will provide a two (2) week notice of such change.

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F. Contractor’s equipment and tools should be certified to meet all mandated requirements. All personnel must be certified and trained to operate all equipment being used. The Contractor shall be required to furnish all necessary safety equipment including personal protective equipment (PPE) for their crew(s) to perform all electrical work assigned.

G. The Contractor shall provide personnel who are trained, certified, and proficient in the skills necessary to complete the assigned work in a safe and efficient manner. Valid certification for personnel will be required and submitted prior to beginning any work.

An employee from the City’s Electric Operations division or an outside inspector will be assigned to oversee the construction crew(s) provided by the Contractor. The designated City employee(s) or inspector(s) will monitor the contracted crew(s) and assess the quality of work, ability to efficiently and safely complete assigned work, and proficiency of crew members’ skills to handle assigned tasks.

H. The Contractor may be asked to work on larger projects, in which different crew sizes and equipment may be needed to complete the project. In these cases, the Contractor shall submit an estimate for the work based on the bid items and schedule of rates for labor and equipment. The City must approve the estimate before Contractor proceeds with construction.

I. The Contractor is responsible for administrative management of the work performed, including but not limited to:
• Provide list of all contract personnel and phone numbers. This list shall be updated any time there are personnel changes.
• Keeping detailed records of work completed, the data will include address, time spent for work completed, equipment, labor, and material used. • Submitting as-built drawings
• Tracking of invoices to ensure the contract amount does not exceed contract terms
• Providing estimates for projects when requested
• Providing written explanations for discrepancies for estimates and actuals for work completed
• Submitting change order requests

EMERGENCY OPERATIONS
A. Upon the City’s request during normal work hours, the Contractor crew(s) shall be re- assigned to the requested location for emergency work. This crew(s) shall work at the standard hourly rate.

B. Although normal work hours will be Monday through Thursday, 7:00 a.m. to 5:30 p.m., the Contractor shall have available sufficient skilled personnel and equipment to perform all work activities covered under this contract, 24 hours a day, seven days a week, and in all types of weather.

C. Should an emergency occur, the Contractor may be contacted by the City to assist with the emergency. If needed to assist, the City will notify the Contractor with the location, scope of work to be performed, and what personnel is required to perform the work.

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D. In the event of an emergency, the Contractor shall respond within two (2) hours of being notified by the City. Crew(s) should be assembled and onsite within the two (2) hours from time of call by the City representative. Communication with the Contractor shall be verbal, telephone/cell phone, text or email.

E. All emergency construction services shall be in accordance with the procedures referenced in the Electric Construction Specifications. The Contractor will be responsible for restoration of all locations as notified by the City.

F. The Contractor may charge no more than the overtime bid rates. Emergency crew(s) will be paid only for the hours worked on the job, not for “standby” time, outside the normal working hours.

G. The Contractor shall be able to provide the City with up to two (2) four-man crews including one (1) Foreman for emergency services after the normal work hours of 7:00 a.m. to 5:30 p.m. when requested by the City.

H. The Contractor shall provide the City with a current call-out list of all contract personnel and phone numbers. This list shall be updated any time there are personnel changes. However, the Contractor’s General Foreman shall be responsible for coordinating call-out personnel and be point of contact with the City.

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City of Palo Alto IFB 18598
0 Page 1 of 10

CITY OF PALO ALTO

DEPARTMENT OF UTILITIES

ELECTRIC OVERHEAD

CONSTRUCTION SPECIFICATIONS
2022
SECTION I SPECIFICATIONS 2 - 5
SECTION II SAFETY REQUIREMENTS 6
SECTION III INSTALLATION AND REMOVAL OF WOOD 7 - 10

POLES, TRANSFORMERS, CONNECTORS,
CONDUCTORS, ETC.

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SECTION I

SPECIFICATIONS
A. GENERAL

1. This specification covers the general requ
irements to perform work assigned to the Contractor
on the City of Palo Alto’s (City) electric overhead distribution poles, conductors, and equipment. This also includes all reconstruction and any related maintenance works thereof to correct any General Orders 95 and 128 infractions.

2. Work may include replacements of poles, transformers, air switches, connectors, cut-outs, insulators, conductors, wires, brackets and miscellaneous line hardware where applicable.

3. All workmanship and materials shall comply with the City of Palo Alto’s Specifications in every aspect and shall meet all pertinent requirements of General Orders 95 and 128 of the California Public Utilities Commission.

4. The City will inspect the Contractor’s work for compliances with pertinent city and state requirements. All quality related infractions (General Orders 95 and 128) resulting from the work performed shall be corrected by the contractor prior to final payment.

B. DEFINITIONS

1. All definitions, terms, and abbreviations used in this specification have the same meaning as defined in the City Public Works Department Standard Drawing and Specifications (https://www.cityofpaloalto.org/gov/depts/pwd/forms_and_permits/specs_drawings.asp#Techni cal%20Specifications ).

C. CON

TRACTOR RESPONSIBILITY

1. The Contractor shall assume all responsibility for the completion of work and unless otherwise specified, shall furnish all labor, supervision, equipment, transportation, tools, and other facilities and services to complete the work in accordance with these specifications and applicable sections of the City Standard Drawings and Specifications.

2. The Contractor shall assume the risk of loss, theft, or damage to all materials delivered and accepted until such materials have been completely installed and accepted by the City in writing. The Contractor's liability shall include damage to or loss of material in their possession, including material being loaded, unloaded, or handled.

3. The Contractor shall exercise due care and diligence to adequately protect all properties/materials through duration of this contract. The Contractor shall replace or make necessary repairs to all third party property damages. If the contractor fails to promptly make the said repairs, the City will replace or repair at the Contractor’s expense.

4. While working within the City of Palo Alto, the Contractor is representing the City and shall perform their work in a safe and professional manner. The Contractor shall avoid disputes with property owners/occupants, the general public, or others. Where practical, the Contractor shall perform the prescribed work to accommodate reasonable requests of the property owners/occupants. For any objections made by property owners/occupants, the City will assist the Contractor in developing a work plan before the work proceeds.

5. The Contractor shall operate their equipment in accordance with the requirements of the City and the State of California to ensure the safety of their employees, staff, and the general public.

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6. The Contractor shall perform the work at their own risk until the work is fully completed and ac
cepted by the City. In the event of any accident occurring before completion of work and acceptance by the City, including destruction to any materials, equipment and apparatus on public or private property, repairs or replacement for any related materials, equipment and apparatus so injured, damaged or destroyed will be at the Contractor's expense and to the satisfaction of the City.

7. The Contractor is required to keep detailed, accurate records of equipment and personnel used to complete work. The C
ontractor is required to provide an estimate of time and equipment required for assigned work. The Contractor is expected to provide justifications for discrepancies
in actual costs versus estimated costs. The Contractor is required to submit as- built drawings for map changes if required.

8. The
Contractor shall coordinate and obtain permission with the City and work within a seventy- two (2) hour notice before performing distribution switching or live line work.

9. The Contractor is responsible for monitoring the total amount of money charged under the contract and outstanding i
nvoices. It is the Contractor’s responsibility for ensuring that the total contract amount is not exceeded.

10. The Contractor shall contact Undergrou
nd Service Alert (USA) 811, prior to any required
excavation work and comp
ly with all aspects of Government Code 4216.

D. MATERIALS

1. Unless otherwise
specified, all main and essential material for the work will be furnished by the City.

2. The
contractor shall arrange for material pick up from the City's Municipal Service Center (
MSC), located at 3201 East Bayshore Road, with a minimum of three (3) days advanced notice. I
t is the contractor’s responsibility to ensure they receive all the necessary material required for
completing the work. The contractor shall notify the City of any needed changes t
o the material prior to proceeding with the prescribed work.

3. Afte
r the Contractor has accepted materials in proper condition, Contractor shall be responsible for their protection from loss and damage of any nature until permanently i
nstalled and the City accepts the work.

4. The Contractor is required
to account for all material issued by the City. All unused material shall
be returned within five (5) days of the contract end date. The Contractor shall be required to
reimburse the City for all unaccounted material previously accepted and not installed.

E. SC
HEDULE

1. The regular working hour
s will be from 7:00 a.m. to 5:30 p.m. working four (4) days a week, essentially a 4/10 work week, which will include a thirty (30) minute non-compensated lunch period. If the
crew is requested to work more than forty (40) hours in a work week, the City will pay overtime rates based on bid i
tems. Contractor shall be allotted one weekly thirty (30) minute safety
meeting. The City reserves the right to change the work schedule and will provide a two (2) wee
k notice of such change.

2. The
Contractor and City will schedule “tail-board” meetings to assign work, review general rules
and best practices regarding safety, arranging shutdowns, clearances, typical installations, equipment, and
compliance.

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F. CODES AND STANDARDS CODES, STANDARDS, ORDERS, & RULES The following Codes, Standards, Orders, and Rules are generally applicable for all construction under this contract. In case of a conflict between any standards of construction, the stricter standards shall prevail.

1. Rules for overhead electric line construction, General Order No. 95 State of California (CPUC).

2. Rules for und
erground electric line construction, General Order No. 128 State of California (CPUC).

3. The City of P
alo Alto Public Works Standard Drawings & Specifications, which could be found @ https://www.
cityofpaloalto.org/Departments/Public-Works/Engineering- Services/Public-Works-Standard-Drawings-and-Specifications

4. Electric Service Requirements, which could be found @ https://www.cityofpaloalto.org/files/assets/public/utili ties/utilities-
engineering/electrical/electric-service-requirements-2016.pdf

5. City of Palo Alto noise ordinance and demolition, construction and alteration activities, which could
be found @ https://www.cityofpaloalto.org/files/assets/public/public- works/engineering-services/webpages/forms-and-permits/other-guidelines/cpa-noise- ordinance-030507.pdf

6. City of Palo Alto truck route map, Chapter 1048, Palo Alto Municipal Code and Traffic Control Requ
irements, which could be found @
https://www.cityofpaloalto.org/files/assets/public/publ ic-works/engineering-
services/webpages/forms-and-permits/other-guidelines/truckroutemap.pdf

7. CAL/OSHA Title 8 Electrical Safety Rules.

G. PERM
IT(S)

1. All rights-of-way
, easements, and permits necessary for installations on private property, properties o
f other governmental agencies, or railroad crossings will be secured by the City.

2. The Contractor’s crew
may be required to complete training for work on railroad rights of way if necessary.

H. OTHER WORK & SERVICES

1. The City reserves the right to employ or contract with other entities for the performance o
f other work in or about the assigned work locations.

2. I
f any portion of the Contractor's work requires the work of another contractor or services provided b
y the City, the Contractor shall inspect and promptly report any defects in such work or
services that render it unsuitable for the proper execution and results of the assigned work.

Failure
to inspect and report any defective work or unsatisfactory services shall constitute an ac
ceptance by the Contractor as being fit and suitable for the proper execution and results of the work.

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I. PAYMENT

1. Payment of the services sh
all be made in monthly progress payments in proportion to the quantum of s
ervices performed. Invoices shall be turned in to the Project Manager. Completed work will be
determined by the City and such determination will be final.

2. The City may withhold
payment of the whole or part of any amount due or claimed by Contractor to
such extent as may be necessary to protect City from loss on account of any of the following:
a. Defective work not remedied.
b. Any damages caused by Contractor, such as but n
ot limited to third party
claims or reasonable evidence indicating probable filing of such claims. c. Failure of Contractor to make payment
promptly to its employees, Suppliers, or
Subcontracto
rs.
d. Failure of Contractor to diligently maintain satisfactory progress required to meet the wor
k completion schedule.
e. Any other bre
ach by Contractor of its obligations under the Contract Agreement.

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SECTION II
SAFETY
A. SCOPE

1. This part of the specificati
on covers the general safety requirements.

B. SAFETY

1. All work shall be conducte
d in a safe manner and in strict accordance with the rules of the State Division of I
ndustrial Safety (Cal. OSHA) and Safety and Health Standards. The Contractor shall take all reasonable precautions nec
essary to protect all workers and other persons who
may be in or
about the construction area from personal injury and to prevent damage to the property of
the City or others. Contractor shall submit their safety program.

2. Workers in the public right
s-of-way shall wear high visibility safety vests and hard hats and all required Personal Protective Equipment (PPE).

3. If any porti
on of the work is being done in an unsafe manner, the work will be stopped until corrective act
ions have taken place to make it safe.

4. The Contractor shall notify the City in writing of all accidents arising out of work being performed and shall submit a detailed report for each accident within twenty-four (24) hours of the incident.

5. In any emergency threatening life, perso
nal injury, or property, the Contractor shall, at its
discretion and without
instruction from City, immediately act to prevent such threat to loss of life or propert
y.

6. The Contractor shall make arrangements for first aid and for the transportation of its own and its Subcontracto
rs' injured personnel. The Contractor shall comply with all reporting regulations for all injurie
s. The Contractor shall notify the City of any injuries in writing/email within twenty-four (
24) hours.

7. The Contractor shall conduct operations and maintain work site to ensure the least possible obstruction a
nd inconvenience to traffic, pedestrians, cyclists, and adjacent property owners.

8. The Contractor shall remove and cleanup all debris and excess material from the job site at the end of each workday. Afte
r work has been completed, the Contractor shall restore planting areas
and other areas abutting the worksite to prior conditions.

9. Damage done by the Co
ntractor during the course of work to City or private property shall be repaired at the Contractor’s expense. This includes but not limited to the repair of traffic loop
detectors, tape striping, sig
ns, markings, sidewalks, curb, gutter, pavement, etc. This work must be done immediately upon
work completion.

10. The Contractor shall furnish and maintain barriers, lights, and signs needed to warn the public adequately of the construction worksite
and any dangerous conditions to be encountered as a
result of the
work in progress.

11. When necessary, the Contractor is required to s ubmit a Traffic Control Plan for City approval.

The Contractor shall provide traffic
control plans covering each typical situation to the City and get approval before starting any work.

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12. The Contractor shall not provide backup power by any means to the City’s customers. If the custo
mer has a complaint about a planned outage, the contractor will notify the City to handle the matter directly with the customer.

SECTION III

INSTALLATION AND REMOVAL OF WOOD POLES, TRANSFORMERS, CONNECTORS, CONDUCTORS, ETC.

A. SCOPE

1. This specifica
tion covers the general requirements to perform work assigned to Contractor crew
s on the City’s overhead electric transmission and distribution poles, conductors and equipment. T
his includes construction and maintenance thereof.

2. Work may in
clude replacement of poles, transformers, air switches, connectors, insulators, conductors, a
nd miscellaneous equipment. Inspection tags for poles will be provided, these tags may not contain all the infractions present but are required to be completed. Where a G.O. 95 and/
or 128 infraction exists but has not otherwise been identified by the City on such tag, the contractor shall make corrections as thoug
h fully identified and specified.

3. All workmanship and materials shall co
mply with the City of Palo Alto’s Specifications in
every respect
and shall meet all pertinent requirements of General Orders 95 and 128 of the California Public Utilities Commission. In addition, t he City will inspect Contractors work for
compliance with pertinent
City and State requirements.

B. WOOD PO

LE INSTALLATION

1. New pole inst
allation shall be identified by the City as “set in place” or “adjacent” to the existing pole and within one (1) foot radius from the existing pole. New poles should be set in the same yard when practical. A ny deviation will require approval.

2. Setting Depth
Pole Length (
Feet) Depth in Soil (Feet) Depth in Rock (Feet)
40 5.5 3.5
45 6.0 4.0
50 6.5 4.0
55 6.5 4.0

3. Size of Holes
a. Po
le holes shall be excavated large enough to permit free entrance of the pole butt and proper tampin
g of backfill through the entire pole setting depth.

4. Backfill
a. Nativ
e soil shall be used as backfilling material unless otherwise specified.

5. Tamping and Placing Backfills
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a. Each hole shall be filled in layers not exceeding twelve (12) inches with suitable backfill
as specified above and thoroughly tamped into a compact mass. The earth shall be banked up approximately 6-inch es around the pole above ground level and tamped firmly. Air tamps utilizing 90-psi minimum pressure must be used for tamping.
b. Any hole dug by mechanical means shall have the loose earth at the bottom of the hole tamp
ed to original compaction before setting the pole.

6. Water i
n Holes
a. Water
standing in holes shall be removed before setting and tamping the pole. If water runs back in after the pole is set and cannot be removed before backfilling and tamping, field
stones with sand tamped between the voids shall be used for backfill until the water level in the hole has been passed. The stone and backfill shall be tamp
ed as specified above to form a compact mass.

7. Dry Earth
Holes
a. I
f earth removed from holes is too dry to prevent proper tamping, the backfill shall be moistened until the earth can be tamped into a compact mass.

8. Bolts
a. Bolts sh
all extend a minimum of two (2) full threads and not more than one (1) inch beyond n
ut.

9. Exposed Wood
a. All empty holes shall be plugged unless otherwise instructed. Where pole tops are removed th
e exposed cut shall be covered with an adhesive pole top protector.

10. Gaining
a. Plastic o
r metal gains are the preferred method for new installations. Poles shall be framed true and square to the line and all hardware well tightened and fitted using double
coil spring washers.

11. Angle and Dead-end Poles
a. Angle
and dead-end poles shall be raked at least one, but no more than two, pole top diamete
rs against wire strain.

12. Anchors
a. All anchors shall be placed in line with the strain they are to support. No conductors s
hall be sagged until the anchors are set and the guys at tension.

C. INSULATOR AND HARDWARE INSTALLATION

1. Before install
ation, Contractor shall make sure that each type of insulator or insulator asse
mbly is in accordance with the City specifications.

2. No chipped,
broken, split, or torn insulators shall be utilized. The insulators shall be wiped with clean ra
gs to remove dirt or other foreign matter. Porcelain surfaces shall be wiped to a bright fi
nish.

3. All hardware shall be well tightened and fitted with double-coil spring washers.

D. CONN

ECTOR INSTALLATION
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1. Only “fired on” wedge connectors will be installed on all primary and secondary mainline conductors.

This includes transformer leads, ground wires, and all jumpers regardless of configuration.

2. Tap clamps (sea-horse type) connectors are approved only for connecting cutouts supplying p
ole bolted transformers to the primary line.

3. Piercing tap connectors will only
be used on the line side of Ariel cable for service
connections.

4. Mini Wedges are permitted
for single service connections on the lineside of the service. On the house side of the service mini wedg
es shall be sealed and covered with a layer of Aqua
Seal and insulated with electrical tape. S
ervice entrance sleeves (e.g. Insulink) may be used
in lieu of min
i wedges on the house side of service.

E. C

ROSSARM INSTALLATION

1. All cross arm assembly supporting primary or secondary conductors shall have the braces bolted
to the pole.

F. COND

UCTOR INSTALLATION

1. Conductors s
hall be installed as directed by the City.

2. Conductor stringing operations shall be performed as to cause no damage to existing under- built utilities or to the conductor.

3. No conductor
stringing shall take place until all guys and or anchors required to support the conductor are in place and at tension.

4. All final conductor installations shall present a neat, professional, and workman-like appearance.

5. All salvaged conductors sh
all be returned to MSC, segregated by type, with any hardware removed and placed in assigned bins.

6. No overhead service a
erial trespass or G.O. 95 infraction shall be allowed.

G. TR

ANSFORMER INSTALLATION AND REMOVAL

1. The
contractor is expected to ensure the nameplates on all transformers to conform to circuit requirements before energizing and connecting any services to it.

2. Contractor shall use great c
aution in the removal and transportation of transformers, placing the transformers in provide
d oil containment bags as necessary, and returning them to the assigned area at the MSC.

3. Single phase transformers i
nstalled on poles where three phases are available, shall be placed on the phases as directed by the City.

4. The Contractor shall keep accurate r
ecords of all the transformers either being installed or removed. The data shall include address, pole
number, size, City number, manufacturer, and
serial number
of all transformers being placed in service and/or removed.

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5. The Contractor shall test and record secondary voltage before connecting customer load.

Phase
rotation shall be checked, verified and recorded where applicable. The contractor will notify the City of any abnormal voltage measurements.

6. Transformers with taps shall be energized only on the proper tap for the primary voltage in use.

H. AI

R SWITCH INSTALLATION AND UPGRADES

1. All air switch
es will be framed with great care, adjusted, and tested for correct operation before being energized.

2. All existing air switches th
at are to remain in the system shall be retrofitted with "load-break" devices, fiberglass control rods, and fibe
rglass inter-phase rods. Cross arm mounted switches
shall be fitted with "offset bell cranks" to a
llow the control rod to be moved to the pole
quadrant.

I. T

REATED WOOD DISPOSAL

1. D
eteriorated poles and/or cross arms shall be reduced to a maximum length of 4’ for proper disposal b
y the Contractor and placed in the treated wood bin at the MSC.

J. SWI

TCHING OPERATIONS, CUSTOMER OUTAGES & COMMUNICATION

1. The Contractor shall
follow established procedures for obtaining clearances, switching etc., f
rom the City. No primary switching shall be done without permission. The Contractor shall obtain approval from the City prior to commencing any work that i nvolves working on or near
energized lines and shall notify u
pon completion of all such work.

2. The Contractor is responsible for properly testing circuits, de-energizing and grounding when required.

3. The Contractor is to
arrange for a Non-Auto (Non-Test) on all circuits prior to any work where equip
ment or personnel could make contact with energized lines. This includes all liv
e line work installing or removing poles, transformers or protective items.

4. The Contractor shall provide the City with an exact diagram of any circuit changes at the end of every workday upon verifying the accuracy of such changes.

5. A minimum seventy-two (72) hour notice is required for residential customer shutdowns.

6. A minimum two (2) week notice is required for any commercial customer shutdowns.

7. The contractor shall contact the occupants of the premises prior to working on their property.

Notices shall be
dropped/hanged/taped where feasible.

8. The
Contractor shall post “No Parking Signs” at least seventy-two (72) hours in advance of the intended work date. The contractor will lis t their contact information on the signs when posting.

9. The Contractor will not tri
m trees without prior approval from the City and shall coordinate any tree trimming required.

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ATTACHMENT C

CITY OF PALO ALTO

DEPARTMENT OF UTILITIES

ELECTRIC UNDERGROUND CONSTRUCTION SPECIFICATIONS
2021
SECTION I SPECIFICATIONS Pages 2-4
SECTION II SAFETY Page 5

SECTION III INSTALLATION AND REMOVAL OF UNDERGROUND
CABLE AND EQUIPMENT Pages 6-9
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SECTION I

SPECIFICATIONS
A. GENERAL

1. The work assigned to the Contractor will be performed on the City of Palo Alto’s (City) Utility electric underground distribution system and may include but not limited to: installation, replacement, and removal of cable, transformers, switches, connectors, load break cabinets, and miscellaneous equipment and/or devices.

2. The Contractor shall provide all labor and equipment including hand and power operated tools necessary to complete the assigned work. Work to be performed is different at various locations and a scope of work for each assignment will be provided by the City.

3. All workmanship, equipment, and materials shall comply with the City’s specifications in every respect and shall meet all pertinent requirements of General Orders 95 and 128 of the California Public Utilities Commission (CPUC).

B. OTHER WORK & SERVICES

1. The City reserves the right to employ or contract with other entities for the performance of other work in or about the assigned work locations.

2. If any portion of the work requires the work of another contractor or services provided by the City, the Contractor shall inspect and promptly report any defects in such work or services that render it unsuitable for the proper execution and results of the assigned work. Failure to inspect and report any defective work or unsatisfactory services shall constitute an acceptance by the Contractor as being fit and suitable for the proper execution and results of the work.

C. CONTRACTOR RESPONSIBILITY

1. The Contractor shall assume all responsibility for the completion of work and unless otherwise specified, shall furnish all labor, supervision, equipment, transportation, tools, and other services to complete the work in accordance with these specifications.

2. The Contractor shall exercise due care and diligence to adequately protect all properties and materials through duration of this contract. The Contractor shall replace or make necessary repairs to public or private property and to any materials, equipment, and apparatus if an incident should occur. If the contractor fails to promptly make the said repairs and to the satisfaction of the City, the City will replace or repair at the Contractor’s expense.

3. The Contractor shall operate their vehicles and equipment in accordance with the requirements of the City and the State of California to ensure the safety of their employees and the general public.

4. The Contractor is required to keep detailed and accurate records of equipment and personnel used to complete work. The Contractor is required to submit as-built drawings for map changes as required.

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5.The Contractor shall request a ticket via Underground Service Alert (USA) 811 prior to any required excavation work and comply with all aspects of Government Code 4216.

D. SWITCHING OPERATIONS, CUSTOMER OUTAGES, & COMMUNICATION

1. The Contractor shall follow established procedures for obtaining clearances and switching from the City. No primary switching shall be done without permission. The Contractor shall obtain approval from the City prior to commencing any work that involves working on or near energized lines and shall notify upon completion of all such work.

2. The Contractor is responsible for properly testing circuits, de-energizing, and grounding when required.

3. The Contractor is to arrange for a Non-Auto (Non-Test) on all circuits prior to any work where equipment or personnel could make contact with energized lines.

4. The Contractor shall provide the City with an exact diagram of any circuit changes at the end of every workday upon verifying the accuracy of such changes.

5. The Contractor shall contact the occupants of the premises prior to working on their property in the form of Planned Shutdown Notices, which shall be hand delivered, hanged, or taped where feasible. The Contractor shall coordinate all planned shutdowns with City to ensure we meet the notice requirements for both residential and commercial customers.

6. The Contractor shall post “No Parking Signs” at least 72 hours in advance of the intended work date. The Contractor will list all required information on the signs such as their contact information.

7. The Contractor is representing the City and shall perform their work in a safe and professional manner. The Contractor shall avoid disputes with property owners/occupants, the general public, or others. Where practical, the Contractor shall perform the prescribed work to accommodate reasonable requests of the property owners/occupants. For any objections made by property owners/occupants, the City will assist the Contractor in developing a work plan before the work proceeds.

8. The Contractor will not clear vegetation without prior approval from the City and shall coordinate any vegetation issues with the City.

E. MATERIALS

1. Unless otherwise specified, all main and essential material for the work will be furnished by the City.

2. The Contractor shall assume the risk of loss, theft, or damage to all materials delivered and accepted until such materials have been completely installed and accepted by the City. The Contractor's liability shall include damage to or loss of material in their possession, including material being loaded, unloaded, or handled.

3. The Contractor shall arrange for material pick up from the City's Municipal Service Center (MSC), located at 3201 East Bayshore Road, with a minimum of three (3) days advanced notice. It is the Contractor’s responsibility to ensure they receive all the necessary material required for completing the work. The Contractor shall notify the City of any needed changes to the material prior to proceeding with the prescribed work.

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4. The Contractor is required to account for all material issued by the City. All unused material shall be returned within five (5) days of the contract end date. The Contractor shall be required to reimburse the City for all unaccounted material previously accepted and not installed.

F. CODES, STANDARDS, ORDERS, & RULES
The following Codes, Standards, Orders, and Rules are generally applicable for all construction under this contract. In case of a conflict between any standards of construction, the stricter standards shall prevail.

1. Rules for overhead electric line construction, General Order No. 95 State of California (CPUC).

2. Rules for underground electric line construction, General Order No. 128 State of California (CPUC).

3. The City of Palo Alto Public Works Standard Drawings & Specifications, which could be found @ https://www.cityofpaloalto.org/Departments/Public- Works/Engineering-Services/Public-Works-Standard-Drawings-and-Specifications

4. Electric Service Requirements, which could be found @ https://www.cityofpaloalto.org/files/assets/public/utilities/utilities- engineering/electrical/electric-service-requirements-2016.pdf

5. City of Palo Alto noise ordinance and demolition, construction and alteration activities, which could be found @
https://www.cityofpaloalto.org/files/assets/public/public-works/engineering- services/webpages/forms-and-permits/other-guidelines/cpa-noise-ordinance- 030507.pdf

6. City of Palo Alto truck route map, Chapter 1048, Palo Alto Municipal Code and Traffic Control Requirements, which could be found @
https://www.cityofpaloalto.org/files/assets/public/public-works/engineering- services/webpages/forms-and-permits/other-guidelines/truckroutemap.pdf

7. CAL/OSHA Title 8 Electrical Safety Rules.

G. PERMIT(S)

1. All rights-of-way, easements, and permits necessary for installations on private property, properties of other governmental agencies, or railroad crossings will be secured by the City.

2. The Contractor’s crew may be required to complete training for work on railroad rights of way when necessary.

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SECTION II

GENERAL SAFETY REQUIREMENTS
A. SAFETY

1. All work shall be conducted in a safe manner and in strict accordance with the rules of the Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA.

The Contractor shall take all reasonable precautions necessary to protect all workers and other persons who may be in or about the construction area from personal injury and to prevent damage to the property of the City or others. The Contractor shall submit their safety program.

2. The Contractor and City will schedule “tail-board” meetings to assign work, review general rules and best practices regarding safety, arranging shutdowns, clearances, typical installations, equipment, and compliance.

3. Workers in the public rights-of-way shall wear high visibility safety vests, hard hats, and all required Personal Protective Equipment (PPE).

4. If any portion of the work is being done in an unsafe manner, the work will be stopped until corrective actions have taken place to make it safe.

5. The Contractor shall notify the City in writing of all accidents arising out of work being performed and shall submit a detailed report for each accident within 24 hours of the incident.

6. In any emergency threatening life, personal injury, or property, the Contractor shall, at its discretion and without instruction from City, immediately act to prevent such threat to loss of life, personal injury, or property.

7. The Contractor shall make arrangements for first aid and for the transportation of its own injured personnel. The Contractor shall comply with all reporting regulations for all injuries. The Contractor shall notify the City of any injuries in writing/email within 24 hours.

8. The Contractor shall conduct operations and maintain work site to ensure the least possible obstruction and inconvenience to traffic, pedestrians, cyclists, and adjacent property owners.

9. The Contractor shall remove and cleanup all debris and excess material from the job site at the end of each work day. After work has been completed, the Contractor shall restore planting areas and other areas abutting the worksite to prior conditions.

10. The Contractor shall furnish and maintain barriers, lights, and signs needed to warn the public adequately of the worksite and any dangerous conditions to be encountered as a result of the work in progress.

11. When necessary, the Contractor is required to submit a Traffic Control Plan and get approval before starting any work.

12. The Contractor shall not provide backup power by any means to the City’s customers. If the customer has a complaint about a planned shutdown, the Contractor will notify the City to handle the matter directly with the customer.

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SECTION III

INSTALL

ATION AND REMOVAL OF UNDERGROUND CABLE AND EQUIPMENT
A. EQUIPMENT - PADMOUNT AND SUBMERSIBLE TRANSFORMERS, CABLE,

CONNECTORS, SWITCHES, LOAD BREAK CABINETS, AND

APPURTENANCES

1. All equipment shall be installed per manufacturer’s directions and in conformance with good industry practice.

2. The Contractor is expected to ensure the nameplates on all transformers to conform to circuit requirements before energizing and connecting any services to it.

3. The Contractor shall use great caution in the removal and transportation of transformers, placing the transformers in provided oil containment bags as necessary, and returning them to the assigned area.

4. The Contractor shall keep accurate records of all equipment being installed or removed. The data shall include all pertinent data, such as address, location number, size, City number, manufacturer, and serial number.

5. The Contractor shall test and record secondary voltage before connecting customer load. Phase rotation shall be checked, verified, and recorded where applicable. The Contractor will notify the City of any abnormal voltage measurements.

6. All transformers, switches, and miscellaneous equipment or devices shall be returned to MSC at designated locations and segregated by type.

B. PRIMARY CABLE

1. The types of primary cable to be installed are both 15kV strand filled or 25kV non- strand filled ethylene propylene rubber insulated cable with jacketed concentric neutral.
a. Standard cable length per reel are:
15kV, 1 conductor, 1/0 AWG Compressed
Aluminum Strand Filled conductor, 220 mil EPR
insulation, with 1/3 neutral copper concentric
conductor
4000 ft.
25kV, 1 conductor, 600 kcmil Compact
Aluminum NON-Strand Filled conductor, 260
mil EPR insulation, with 1/6 neutral copper
concentric conductor
2000 ft.

Cable, 15kV, 1 conductor, 750 kcmil
Compressed Aluminum Strand Filled conductor,
220 mil EPR insulation, with 1/3 neutral
concentric copper
2000 ft.

2. Largest ree
l size for primary cable has the following dimensions:

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a. Maximum Flange Diameter - 78"
b. Maximum Overall Width - 54"
c. Minimum Drum Diameter - 36"
C. SPLICES AND TERMINATIONS

1. All materials shall be installed per manufacturer’s directions and in conformance with good industry practice.

2. Splices in manholes shall be located midway between cable racks on walls of manholes, and supported with cable arms at approximately the same elevation as the enclosing duct.

3. Load-break terminations for indoor and outdoor use: Elbow-type unit with test point and 200-A load make/break and continuous-current rating.

4. Dead-break terminations for indoor and outdoor use: Elbow-type unit with test point and 600-A continuous-current rating.

D. PED CONNECTORS

1. The Utilco PED connectors shall be installed per manufacturer’s directions and in conformance with good industry practice.

2. The Utilco PED connectors will be provided with provisions for 350MCM or 750MCM maximum size cable and to connect 3 to 6 cables per connector.

3. The specific Utilco PED connectors used in splice boxes will depend on the number and size of cables terminating in the box. Contractor shall select and use the appropriate connector with provisions to have unused positions available for all planned service connections.

E. HANDLING REELS AND EQUIPMENT

1. The Contractor shall inspect each reel upon receipt to determine whether or not visible damage has occurred during transit and/or storage.

2. Loading and Unloading
a. Reels and equipment shall be handled in such a manner as to prevent smashing, nicking, cutting or other damage to the cable. When unloading reels from trucks, reels shall not be dropped to the ground or allowed to roll freely down ramps. Cranes or other equipment of adequate capacity shall be utilized and care shall be taken to avoid damage to the equipment, cable, or reels.

3. Final Inspection
a. After removing lagging or other protective coverings from reels, Contractor shall examine outside layer of each reel to ensure that the cable is undamaged and that no nails, staples, or other sharp objects, which would damage the cable during unreeling protrude on the inside of the reel heads.

4. The Contractor shall return all reels to the MSC upon completion of the work.

F. CABLE INSTALLATION

1. All cable installation shall be installed per manufacturer’s directions and in conformance with good industry practice. A sufficient number of trained personnel and equipment shall be assigned to ensure the proper care and installation of the cable.

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2. Cable must be installed by accepted construction practices and the procedure outlined in City of Palo Alto Cable pulling Procedure – Operating Bulletin Number – UG/OH Construction P&P # 0407-1 shall be used as a guide during cable installation.

3. The sizes of the cable to be installed will be specified on the drawing(s).

4. Sufficient length of cable shall be left in manholes (20ft.) and secondary splice boxes for training and connection.

5. Cable shall be installed in conduit above grade and duct bank below grade. All cable of a feeder shall be pulled simultaneously.

6. Cable shall be pulled into ducts with equipment designed for this purpose, including power-driven winches, cable-feeding flexible tube guides, cable grips, pulling eyes, and lubricants.

7. Cable reels shall be set up at the side of the manhole opening and above the duct or hatch level, allowing cable to enter through the opening without reverse bending.

Flexible tube guides shall be installed through the opening in a manner that will prevent cable from rubbing on the edges of any structural member.

8. Cable shall be pulled directly into the duct from the coil or reel on, which they are received. Cable shall not be pulled off and laid on the ground prior to installation.

9. Cable shall be unreeled from the top of the reel. Pay-out shall be carefully controlled.

Cable to be pulled shall be attached through a swivel to the main pulling wire by means of a suitable cable grip and pulling eye. Woven-wire cable grips shall be used to grip the cable end when pulling small cable and short straight lengths of heavier cable.

10. Pulling eyes shall be attached to the cable conductors to prevent damage to the cable structure.

11. Cable shall be liberally coated with a City furnished lubricant as they enter the tube guide or duct. Rollers, sheaves, or tube guides around, which the cable is pulled from, shall conform to the minimum bending radius of the cable.

12. Cable shall be pulled into ducts at a reasonable speed. Cable pulling using a vehicle shall not be permitted. Pulling operations shall be stopped immediately at any indication of binding or obstruction and shall not be resumed until the potential for damage to the cable is corrected. Sufficient slack shall be provided for free movement of cable due to expansion or contraction.

13. Splices in manholes shall be firmly supported on cable racks. No splices shall be pulled in ducts. Cable ends shall overlap at the ends of a section to provide sufficient undamaged cable for splicing.

14. Cable cut in the field shall have the cut ends immediately sealed to prevent entrance of moisture. Cable ends shall be moisture proofed at all times until terminations are installed. Cable shall not be pulled with the ends open. Cable ends shall not be allowed to rest on the floor.

15. Whenever possible, the pullout manhole should be rigged to facilitate pulling into the manhole adequate amount (20ft minimum) of cable for splicing and racking without the necessity of taking hitches on the cable sheath or jacket.

16. Any and all sections of cable that are damaged by the application of grips shall be discarded.

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17. The Contractor shall pay close attention to the cable footage markers and plan pulls to minimize the amount of short unusable cable lengths left on the reels.

18. Cable location tags must be installed on cable outside of each duct indicating cable run destination. In each manhole and pull box, install permanent tags on each circuit's cable to clearly designate the circuit identification and voltage. Arrange tags such that they can be read without moving cable.

19. Cable phasing marks (colored tapes) must be installed on both ends of each cable identifying phases.

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BID FORM BID FORM BID FORM
City Council/City Manager
City of Palo Alto
Name of Company: VIP Powerline City Council/City Manager City of Palo Alto
Name of Company: Ferreira Power West, LLC City Council/City Manager City of Palo Alto
Name of Company: Hot Line Construction Inc.

Palo Alto, California Palo Alto, California Palo Alto, California

ESTIMATED
QTY.

ESTIMATED
QTY.BID ITEM UNIT
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR

DESCRIPTION UNIT RATE
257.00
223.00
197.00
157.00
293.00
247.00
214.00
162.00

96.00 TOTAL PRICE
514,000.00
892,000.00
394,000.00
314,000.00
293,000.00
247,000.00
214,000.00
162,000.00
192,000.00
90,000.00
192,000.00
100,000.00
20,000.00
70,000.00
70,000.00
20,000.00
20,000.00
70,000.00
70,000.00
247,000.00

BID ITEM UNIT
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR

DESCRIPTION UNIT RATE
227.00
213.50
186.50
158.50
305.00
285.00
243.00
200.50

60.00 TOTAL PRICE BID ITEM UNIT
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR
HR

DESCRIPTION UNIT RATE
260.63
225.23
198.52
158.56
292.90
248.01
214.20
162.39
102.54
102.54

67.29 TOTAL PRICE
Foreman/ Crew Leader (12 kV rubber glove
certification required)
Line Person/ Journeyman (12 kV rubber glove
certification required)
Line Person/Journeyman Apprentice (12 kV
rubber glove certification required)
Truck Driver/ Ground Person (12 kV rubber glove
certification required)
Overtime Foreman/ Crew Leader (12 kV rubber
glove certification required)
Foreman/ Crew Leader (12 kV rubber glove
certification required)
Line Person/ Journeyman (12 kV rubber glove
certification required)
Line Person/Journeyman Apprentice (12 kV
rubber glove certification required)
Truck Driver/ Ground Person (12 kV rubber glove
certification required)
Overtime Foreman/ Crew Leader (12 kV rubber
glove certification required)
Foreman/ Crew Leader (12 kV rubber glove
certification required)
Line Person/ Journeyman (12 kV rubber glove
certification required)
Line Person/Journeyman Apprentice (12 kV
rubber glove certification required)
Truck Driver/ Ground Person (12 kV rubber glove
certification required)
Overtime Foreman/ Crew Leader (12 kV rubber
glove certification required)
1 2
2000 $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
1 2
2000 $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
454,000.00
854,000.00
373,000.00
317,000.00
305,000.00
285,000.00
243,000.00
200,500.00
120,000.00
150,000.00
100,000.00
220,000.00
14,000.00
70,000.00
130,000.00
13,500.00
27,500.00
94,000.00
56,000.00
271,880.00
1 2
2000 $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
521,260.00
900,920.00
397,040.00
317,120.00
292,900.00
248,010.00
214,200.00
162,390.00
205,080.00
205,080.00
134,580.00
205,080.00
40,580.00
4000
2000
2000
1000
1000
1000
1000
2000
2000
2000
2000
2000
2000
2000
2000
2000
2000
2000
1000
4000
2000
2000
1000
1000
1000
1000
2000
2000
2000
2000
2000
2000
2000
2000
2000
2000
2000
1000
4000
2000
2000
1000
1000
1000
1000
2000
2000
2000
2000
2000
2000
2000
2000
2000
2000
2000
1000
3 3 3
4 4 4
5 5 5
Overtime Line Person/ Journeyman (12 kV
rubber glove certification
Overtime Line Person/ Journeyman (12 kV
rubber glove certification
Overtime Line Person/ Journeyman (12 kV
rubber glove certification6 6 6
Overtime Line Person/ Journeyman Apprentice
(12 kV rubber glove certification required)
Overtime Truck Driver/ Ground Person (12 kV
rubber glove certification required)
Line Truck Capable of setting and removing poles
up to 70’
Line Truck Capable of setting and removing poles
up to 80’
Material Handler/ Bucket Truck capable of
facilitating live line work at 55’
Material Handler/ Bucket Truck capable of
facilitating live line work at 70’
Cargo Trailer capable of hauling material
including poles up to 80’
Bucket Truck capable of working on electric
secondary level (35’)
Overtime Line Person/ Journeyman Apprentice
(12 kV rubber glove certification required)
Overtime Truck Driver/ Ground Person (12 kV
rubber glove certification required)
Line Truck Capable of setting and removing poles
up to 70’
Line Truck Capable of setting and removing poles
up to 80’
Material Handler/ Bucket Truck capable of
facilitating live line work at 55’
Material Handler/ Bucket Truck capable of
facilitating live line work at 70’
Cargo Trailer capable of hauling material
including poles up to 80’
Bucket Truck capable of working on electric
secondary level (35’)
Overtime Line Person/ Journeyman Apprentice
(12 kV rubber glove certification required)
Overtime Truck Driver/ Ground Person (12 kV
rubber glove certification required)
Line Truck Capable of setting and removing poles
up to 70’
Line Truck Capable of setting and removing poles
up to 80’
Material Handler/ Bucket Truck capable of
facilitating live line work at 55’
Material Handler/ Bucket Truck capable of
facilitating live line work at 70’
Cargo Trailer capable of hauling material
including poles up to 80’
Bucket Truck capable of working on electric
secondary level (35’)
7 7 7
8 8 8
9 9 9
10 11
12 13
14 15
16 17
18 19
20 45.00 10
11 12
13 14
15 16
17 18
19 20

75.00 10
11 12
13 14
15 16
17 18
19 20

96.00 50.00

50.00 110.00

7.00 102.54

20.2910.00

35.00 35.00 51.27 102,540.00
96,000.0018k LB Boom Truck (e.g. Small Crane)
Single Reel Dolly Trailer

35.00 18k LB Boom Truck (e.g. Small Crane)
Single Reel Dolly Trailer

65.00 18k LB Boom Truck (e.g. Small Crane)
Single Reel Dolly Trailer

48.00 10.00 6.75 9.00 18,000.00
3 Reel Dolly/Trailer or Truck 10.00 3 Reel Dolly/Trailer or Truck 13.75 3 Reel Dolly/Trailer or Truck 44.25 88,500.00 40k LB Take up Dolly (e.g. 4k Hogg Davis Cable
Puller)
40k LB Take up Dolly (e.g. 4k Hogg Davis Cable
Puller)
40k LB Take up Dolly (e.g. 4k Hogg Davis Cable
Puller)35.00 47.00 62.00 124,000.00
154,060.00
198,230.00
Underground Splicing Van
Traffic Control Services

35.00 Underground Splicing Van
Traffic Control Services

28.00 Underground Splicing Van
Traffic Control Services

77.03 247.00 271.88 198.23
$ 4,191,000.00 $ 4,298,380.00 $ 4,625,570.00Section A ‐ Base Bid Total (items 001 through 020, with all applicable taxes included) Section A ‐ Base Bid Total (items 001 through 020, with all applicable taxes included) Section A ‐ Base Bid Total (items 001 through 020, with all applicable taxes included) Annual incremental percentage increases in bid prices shall be listed for each additional year of the contract.

Year Two (3.9% increase) $4,354,449.00
Annual incremental percentage increases in bid prices shall be listed for each additional year of the contract.

Year Two (3% increase) $4,427,331.40
Annual incremental percentage increases in bid prices shall be listed for each additional year of the contract.

Year Two (4.4% increase) $4,829,095.08
Year Three (3.7% increase) $4,515,563.61 Year Three (3% increase) $4,560,151.34 Year Three (4.2% increase) $5,031,917.07 Year Four (3.5% increase) $4,673,608.34 Year Four (3% increase) $4,696,955.88 Year Four (3.2% increase) $5,192,938.42 Year Five (3.3% increase) $4,827,837.41 Year Five (3% increase) $4,837,864.56 Year Five (3.2% increase) $5,359,112.45 Attachment B ‐ Bid Summary IFB 185980 Page 1 of 1
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Attachment B - Proposal Summary
IFB185980

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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: City Manager
Meeting Date: April 10, 2023
Report #:2303-1212
TITLE
Consideration of additional 2023 Council Priority Objectives

RECOMMENDATION
Council to finalize consideration and approval of any additional objectives, as well as deferrals or deletions necessary, to advance the 2023 Council Priorities

BACKGROUND
On January 28, 20231, the Council held its annual retreat to approve the 2023 Council Priorities.

The Priority Setting Guidelines define a priority as a topic that will receive unusual and significant attention during the year. At the conclusion of the retreat, the City Council approved the following priorities:
Economic Recovery and Transition
Climate Change and the Natural Environment: Protection and Adaptation Housing for Social and Economic Balance
Community Health and Safety
The City Council then directed that staff return with suggested objectives derived from Council comments at the annual retreat to achieve the strategic priorities.

At its February 13, 20232 meeting, the Council adopted the proposed 61 objectives and acknowledged the resource allocations needed to advance the four 2023 Council Priorities. The Council directed a follow-up discussion on additional objectives for consideration in 2023 outlined below:

A. Bulleted areas of focus and priority identified by City Council during their retreat discussion B. Discuss plans for commercial dewatering requirements 1 City Council Retreat 1/28/23 https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=1492 2 Council Meeting 2/13/23 https://cityofpaloalto.primegov.com/Portal/viewer?id=619&type=2 Item 11
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C. Facilitate a location for La Comida in North Palo Alto D. Determine next steps for the sea level rise and adaptation plan E. Construct preliminary plans for Area Plan at San Antonio and housing zoning upgrades for Cal Ave, Downtown and El Camino Real
F. Adopting a safe system policy
G. Increase youth mental health support and funding
H. Evaluate funding and plan to return library services to pre-pandemic levels I. Remove parentheses under bullet one for Housing for social and economic balance J. Initiate zoning changes consistent with the Comprehensive Plan regarding creek corridor setbacks

ANALYSIS
Each year, the Council identifies Priorities and major projects or “objectives” that focus staff work and resources. Objectives are meant to reflect potential council actions, be measurable and time-bound in order to make real progress in advancing Council Priorities. In addition to these objectives, there is a great deal of work being completed on other high priority projects as directed by the City Council. While all projects are important, there must be a balance of resources to effectively implement new and existing programs and services.

Attachment A includes the approved 61 Council objectives presented in February 2023. The list illustrates the vast amount of work tasked for 2023 for each Council Priority. At Council’s request, the table in Attachment A also identifies projects that advance more than one Priority.

Table 1 below summarizes the 17 new objectives for consideration by Council Priority, each have been evaluated to inform the Council on timing and resources needed to implement.

Estimated Completion: Calendar Year (CY) in which calendar quarter the project is estimated to be completed
2024 or Later: staff recommendation to consider in future years due to significant investment or pre-work needed to initiate objective.

Resources Needed: $-$$$ level of investment needed
$- Objective can be met mostly with existing staff, and/or up to $50K $$- Objective can be met with additional staff support, and/or up to $100K $$$- Objective can be met with additional staff, and/or more than $100K Council Priority: number of Priorities the objective advances, recognizing that some objectives advance more than one priority.

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*Clarification of scope and expectations of City role needed in order to confirm feasibility TABLE 1
2023 Council Priority Objectives for Consideration Estimated Completion Council Priority CY 2023
# New Objective Q1 Q2 Q3 Q4
2024
or
Later
Resources
Needed ER
&T
CC
&
NE
HS
&
EB
CH
&S
Economic Recovery and Transition (ER & T)
1 Evaluate implementing a business vacancy tax to incentivize activity x $$$ x Climate Change & the Natural Environment (CC & NE)
2 Engage youth in implementation of climate change initiatives, objectives, and goals x - x x 3 Naturalize Matadero Creek and evaluate setbacks x $$$ x x 4 Initiate zoning changes consistent with the Comprehensive Plan regarding creek corridor setbacks x $ x x
5 Determine next steps for the sea level rise and adaptation plan x $ x x 6 Evaluate and recommend strategies to protect natural habitats such as bird safe glass, wildlife protection from light pollution, etc. x $ x 7 Discuss plans for commercial dewatering requirements x $ x Housing for Social & Economic Balance (HS & EB)
8 Construct preliminary schedule for starting new coordinated area plans for San Antonio Road, California Ave, Downtown, and El Camino Real x $ x x 9 Evaluate RHNA housing allocation and encourage housing production that reflects the needs of the community x $ x
10 Establish a committee on housing to review housing policies * x $ x Community Health & Safety (CH & S)
11 Evaluate increasing HSRAP funding during the FY 2024 budget process x $-$$$ x 12 Facilitate a location for La Comida in North Palo Alto * x $-$$ x 13 Increase support and funding for youth mental health x $-$$$ x 14 Evaluate funding and plan to return library services to pre-pandemic levels x $$$ x 15 Increase police foot and bike patrol in the Downtown core x $$$ x 16 Complete phase 1 of developing a safe system policy: Safe Streets for all Action Plan and identify resources needed for policy implementation * x $ x x 17 Establish a Council ad hoc airplane noise committee to advance policies that protect residents from airplane noise and air pollution * x $$ x Item 11
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Identifying an Objective for 2024 consideration does not diminish its importance, instead it allows time for adequate resource and pre-work planning. Items notated for 2024 consideration will be brought back for Council review at its 2024 Priorities retreat.

Staff recommends that Council review and discuss the timing and resource needs proposed for each of the additional objectives in the table above. In some cases, it may be necessary to further define the objective and work involved.

Based on the February Council action, staff is now working to advance the approved priority objectives consistent with the approved timeline. Objectives that require additional resources are being evaluated for inclusion in the FY 2024 proposed budget. It should be noted that there will likely not be sufficient resources available to advance all objectives; this will require further Council deliberation and decisions as part of the budget process to determine which objectives will advance in the upcoming fiscal year. The additional objectives in the table above add to this prospective list of un-resourced objectives. This reinforces the importance of prioritizing objectives within existing resource constraints.

FISCAL/RESOURCE IMPACT
Council approval of previous and additional non-resourced 2023 Priority objectives will have the opportunity to be funded during the FY 2024 Budget Adoption process in June 2023.

STAKEHOLDER ENGAGEMENT
In March, staff will be presenting community engagement plans based on the selected 2023 Council Priorities and adopted objectives, to achieve these priorities and projects identified within each area. There are various levels of community engagement and communications to support each project.

ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because the Council discussion on 2023 Priority Objectives is a continuing administrative or maintenance activity. CEQA Guidelines section 15378 (b)(2).

ATTACHMENTS
Attachment A: 2023 Council Priorities and Objectives
APPROVED BY:

Ed Shikada, City Manager
Staff: Lupita Alamos, Assistant to the City Manager
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2023 City Council Priorities and Objectives
# Objective Q1 Q2 Q3 Q4
ER
&T
CC&
NE
HS&
EB
CH&
S
Support Economic Recovery and Business Transition
a Adopt a comprehensive Economic Development Strategy x $ x x x b Implement or upgrade electronic plan review software without interruption to the permitting process (ERT 9) x x x x c Implement recommendations in Building and Permit Review Report conducted by the City Auditor x x x x d Begin stakeholder engagement and implementation of new business tax (Measure K) x $ x x x x Focus on Commercial Corridors, Downtown and California Ave e Begin implementation of next phase of parklet regulations to the community x $ x f Evaluate opportunities for New Parking Facilities in the University Ave Downtown and direct next steps (ERT 10) x x g Align Business Improvement District (BID) priorities and investments to the Comprehensive Economic Development Strategy(ERT1) x x h Select consultant to conduct a study that informs the development of a permanent car-free streets ordinance (ERT 6 & 7) x $ x x i Approve concept plan for University Ave streetscape and provide direction on capital project funding (ERT 5) x x j Extend temporary closure for car free streets (ERT 6 & 7) x x x k
Provide direction on citywide retail zoning code changes including retail preservation and neighborhood commercial district specific regulations and CUP thresholds (ERT 4, 12, 13) 2024 x
Climate Change Protection
l Implement Advanced Metering Infrastructure (AMI) through purchase of meters/equipment for installation(CCPA7) x x m Approve consultant to update Bike and Pedestrian Transportation Plan x x x n
Approve municipal code amendments for advancing S/Cap goals (specifically facilitate photovoltaic, energy storage system, electric vehicle charging station, and heat pump (water/furnace) installations) (CCPA1) x x o Approve S/CAP Update and 3-year workplan (CCPA4) x x
p New: Begin first phase construction for grid modernization and consultant resources to plan for gas transition x x q Install first 1,000 heat pump water heaters through the advanced pilot program and approve expanded full-scale program x x r Approve advanced pilot program for whole residential home electrification by the end of 2023 (targeted areas) x x s Approve commercial rooftop HVAC electrification advanced pilot program x x t Accept Electric Vehicle Strategic Plan x $ x x
u Accept Reliability and Resiliency Strategic Plan x $ x x v Review preliminary draft S/CAP study discussing workplan resource needs and project funding opportunities x $ x Climate Change Adaptation: Flood Protection
w
New: Advance the San Francisquito Creek Flood Protection capital project (Reach 2) by the end of 2023, through Council’s JPA representation and any Council approvals involved. x x x x
Secure funding and approve construction for the Newell Bridge replacement project; advocacy with State legislators educating on project funding needs (CHS10) x $ x x
Natural Environment x
y Approve operations and maintenance agreements with Valley Water purified water facility at LATP Area B (CCPA3) x x z Adopt appropriate changes to the revised Tree Protection Ordinance x x Advance Renter Protection Policies
aa Approve access to rental units by establishing security deposit limits x x bb Provide protections to renters by considering expansion of the just cause eviction ordinance (HSEB16) x x x cc Implement a rental registry to inform future renter protection policies (HSEB15) 2024 x x Advance Housing Plans
dd
Expand housing opportunities through the initiation of a Downtown Housing Plan: approval of project funding and a consultant contract (HSEB10) x $ x x x
ee Advance local and state housing interests through a HCD-compliant Housing Element (HSEB5) x x ff Advance vision for North Ventura Coordinated Area by adopting a coordinated area plan (HSEB4) x x gg Create new affordable housing opportunities through funding such as a housing land trust, in particular, CalCHA TBD x hh Explore opportunities to regulate short term-rentals with Council committee TBD x Implement Housing Production Policies
ii Codify permanent standards related to the City local SB9 implementation ordinance (HSEB 14) x x jj Approve adjusted Accessory Dwelling Unit (ADU) regulations to facilitate production and meet HCD requirements (HSEB9) x x kk Respond to various Grand Jury recommendations related to Housing (HSEB 6, 17, 24) x x ll Refine implementation of City’s SB9 objective development and urban lot split standards (HSEB 14) x x mm Adopt an ordinance amending the development standards for Stanford-owned housing opportunity sites x x nn Rezone carryover housing opportunity sites for by-right development when developed with 20% lower income affordable housing units x x oo
Adopt an ordinance to implement revised development standards for certain properties located in the GM/ROLM to allow for densities up to 90 units/acre x x
Support Unhoused Service Initiatives
pp
Begin construction in partnership with LifeMoves for Palo Alto Homekey project to provide transitional housing and services for unhoused residents (HSEB13) x x x
qq Develop a citywide strategy to connect unhoused residents to housing and services x $ x x Mental & Physical Health and Belonging
rr Complete reopening libraries to budgeted level (remains below pre-pandemic levels) (CHS5) x x ss Approval of multi-year agreement for provisions of animal shelter services (CHS1) x $ x tt Expand and enhance community special events with focus on inclusion (linked to activities in ERT) x $ x x uu Approve agreement with PAUSD on long term use of the Cubberley property (CHS2) x x vv Evaluate Recreation Wellness Center Feasibility (CHS14) x $ x Invest in Reliable Safety Infrastructure and Systems
ww Support visible police presence by ensuring stable staffing (recruiting and retention) through hiring ahead program (CHS6) x $ x xx
Support a diverse community through extension of the Psychiatric Emergency Response Team (PERT) program services to the community through affirmation of continued City financial support x $ x yy Update without interruption 911 dispatch system (CAD provider) once selected through procurement process (CHS4) x x zz New: Begin construction of the Gas Main Replacement Project 24B x x aaa Approve updated Local Hazard Mitigation Plan and Community Wildfire Protection Plan (CHS15) x x x bbb Implement Foothills Fire Management Plan (CHS3) x x x ccc Advance final construction phase of Public Safety Building and begin preparations for move-in (CHS9) x x ddd Approve next steps for the rebuild of Fire Station No. 4 project (specifically design and entitlements) (CHS17) x x eee Approve resources and consultant to study and develop seismic and resiliency ordinance (CHS20) x $ x x Reduction of Noise and Air Quality Pollution x
fff Update gas-powered leaf blower ordinance and enforcement plan (CHS16) x x x ggg Implement a strategy for the provision and promotion of unleaded fuel at Palo Alto Airport (CHS12) x x hhh New: Approval of quiet zone implementation (rail/train crossings) x x x iii
Engage with the SFO Roundtable on SFO's Ground Based Augmentation System (GBAS) project and other potential opportunities to decrease SFO noise impacts on Palo Alto (CHS11) TBD x x x Estimated
Completion

HOUSING FOR SOCIAL & ECONOMIC BALANCE (HS&EB)

COMMUNITY HEALTH & SAFETY (CH&S)

ECONOMIC RECOVERY AND TRANSITION (ER&T)

CLIMATE CHANGE & THE NATURAL ENVIRONMENT (CC&NE)
Council Priority
Support
Resources
Needed

ATTACHMENT A
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Attachment A - 2023
Council Priorities &
Objectives

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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: City Manager
Meeting Date: April 10, 2023
Report #:2303-1216
TITLE
Discussion and Possible Revision to 2023 Standing Committee Topics (Continued from February 13, 2023)

RECOMMENDATION
Staff recommends that the City Council discuss and accept 2023 Standing Committee Topics.

BACKGROUND/ANALYSIS
This item originally was heard during the Council Annual Retreat on January 28, 2023. The item was agendized for further discussion on February 13th and February 27th but was continued each time. The full staff report can be accessed here:
https://portal.laserfiche.com/Portal/DocView.aspx?id=61663&repo=r- 704298fc&searchid=95a1af6a-9b14-41de-84da-6c8ee72c9a8d
The attachments have been updated since the February reports to reflect Council actions since that time. The updated workplans are included here as Attachments A and B.

ATTACHMENTS
Attachment A: Policy and Services Tentative Topics Calendar 2023 [revised 3.29.23] Attachment B: Finance Committee Tentative Calendar Topics 2023 [revised 3.29.23] APPROVED BY:

Ed Shikada, City Manager
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City of Palo Alto I 250 Hamilton Avenue, Palo Alto, CA. I www.cityofpaloalto.org – February 2023

POLICY & SERVICES TENTATIVE TOPICS
CALENDAR 2023

As of March 29, 2023

January
• Mayor appoints Committee and designates Chair; no Policy & Services Committee meeting

February
• Auditor Reports

March – Meeting Cancelled
• Auditor Report – Electronic Payment Process and Controls • Auditor Report – Remote and Flexible Work

April
• Auditor Report – Electronic Payment Process and Controls • Auditor Report – Remote and Flexible Work
• Update: Summary of Recent Race and Equity Work since late 2022 • Procedures and Protocols: International Travel (March 20 Council Referral)

May
• Auditor Report [tentative]
• Report: Legislative Update [pending Council April 3 discussion] • Procedures and Protocols: Censure (January 30 Council Referral)

June
• Quarterly Audit Status Report
• Audit Report [tentative]
• MOVED FROM MARCH: Rental Registry Update (linked to Council Referral from Nov. 29, 2021:

Renter Protections: Staff to go to P&S with updated language in ordinance for a renter survey and estimates on effort to enforce it for P&S discussion) [tentative] • Procedures and Protocols: (Council Referral from March 20) establishment of appropriate parameters for Council Discretionary Expenditures (Protocols Section 4, X.1 (consider modifying Section 4, X.1 to allocate $2,000 annually from the contingency fund for each Council Member to decide its purpose)

July
No meeting; Council break

August
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Services Tentative Topics
Calendar 2023 [revised

3.29.23]

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City of Palo Alto I 250 Hamilton Avenue, Palo Alto, CA. I www.cityofpaloalto.org – February 2023 • Quarterly Audit Status Report (April-June) [tentative] • Update: Summary of Recent Race and Equity Work since March • Procedures & Protocols Handbook Discussion (Annual Discussion) • Procedures & Protocols: Role of the Council Liaison (March 20 Council Referral)

September
• Council Referral from Nov. 29, 2021: Renter Protections: Fair chance ordinance to be reviewed by P&S for analysis on consequences/unintended consequences • Legislative Recap (what passed/didn’t pass)
• Referral from 2021: Council Referral – Affordable Housing Funding (from August 16, 2021 Council Meeting)

October
• Quarterly Audit Status Report (July-Sept) [tentative] • Audit Report [tentative]
• Quarterly Race and Equity Update: Summary of Recent Race and Equity Work

November
• Legislative Agenda and Guidelines (can also go in December) • 2024 City Council Priorities Discussion (includes discussion on process)

December
• Informational: Report out on Status of Committee Referrals

Completed or Pending Referrals (status and date of referral):

1. Will follow Housing Element timing: Council Referral from Nov. 29, 2021: Renter Protections:

Bring to P&S [a] proposal & discussion on expanding anti-gouging measure to address loopholes

2. Review City Council Colleagues’ Memo Referring Policy Changes on Short Term Rentals (referral from 2022)

3. Review and discussion of Use of Force (UOF) reports to evaluate current policies and effectiveness of the UOF reports and recommend modifications if necessary (referral from Apr. 2022; have included some updates in Race and Equity reports)

4. COMPLETED: Council Referral from 2/5/22: Discussion of Council Values, Strategic Priorities, etc.

5. COMPLETED (Committee work; now at City Council): Revise to the City Council Procedures and Protocols Handbook

6. COMPLETED: Review of National Community Survey Questions with Policy and Services Chair

Item Pending Further City Council Direction:
• Continued Item from November 2021: City Council Referral: Policy and Services Committee to Recommend Strategies to Support and Strengthen Neighborhood Programs, Identify Gaps in Existing Neighborhood-based Services, and Evaluate new Strategies as Proposed in the Colleagues' Memo Regarding a Proposed Program for Neighbor Connection Item 12
Attachment A - Policy and
Services Tentative Topics
Calendar 2023 [revised

3.29.23]

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City of Palo Alto I 250 Hamilton Avenue, Palo Alto, CA. I www.cityofpaloalto.org

ATTACHMENT B

FINANCE COMMITTEE TENTATIVE TOPICS
CALENDAR 2023

Updated on March 29, 2023

January
• Mayor appoints Committee and designates Chair; usually no FC meeting

February
None

March
• Utilities Advisory Commission Rate Forecasts and Financial Plans: Gas, Electric, Water, Wastewater
• Rate Schedule Storm Water Management Fee
• Council Referral: Electric Utility 2023 Residential Rebate • Specific utility contracts regarding electric utility

April
• Council Referral: Electric Utility 2023 Residential Rebate • Discussion on electric utility commodity contract

May
• Annual Budget Review: Operating + Capital Five Year Plan • Daytime meetings, tentative schedule 5/5, 5/9, 5/30
• Fiscal Year 2023 Municipal Fee Schedule
• Retiree Healthcare Plan and Annual Actuarially Determined Contributions (ADC)- Biannual report, last done May 2022 (FY2022 and 2023 contributions), next scheduled May 2024 • Utilities Advisory Commission Rate Forecasts and Financial Plans: Gas, Electric, Water, Wastewater [In 2023, this was completed in March and April]

June
• Third Quarter Fiscal Year 2023 Financial Report
• Adoption of Fiscal Year 2023 Investment Policy (to be done by June 30 per code)

July
No meeting; Council Break

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Committee Tentative
Topics Calendar 2023
[revised 3.29.23]

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ATTACHMENT B

August
• Evaluation of Printing & Mailing Services levels and service delivery. Referred May 2019. [tentative]

September/October
• Accept California Public Employees’ Retirement System (CalPERS) Pension Annual Valuation Reports as of June 30, 2022
• Every 3-4-year review/decision on pension funding policy assumptions next review scheduled for FY 2026.
• JMZ ticket pricing analysis to understand interactions between changes to $18 ticket, attendance, and cost recovery. Referred September 2022; procurement process underway for consultant, review expected calendar year 2023. [tentative]

November
• Discussion and Recommendation to the City Council to Accept the Macias Gini & O'Connell's Audit of the City of Palo Alto's Financial Statements as of June 30, 2023 and Management Letter
• Discussion and Recommendation to Approve the Fiscal Year (FY) 2023 Comprehensive Annual Comprehensive Financial Report (ACFR) and Approve Budget Amendments in Various Funds

December
• Review and Forward the FY 2024 - FY 2032 Long Range Financial Forecast • First Quarter Fiscal Year 2024 Financial Report
• Informational: Report out on Status of Committee Referrals

Completed Referred Topics:

A full report on the status of Finance Committee referrals and the status can be found here1, Item 1 on the December 5, 2022 agenda.

1) COMPLETED: FY 2021 Budget: A report or item on the Junior Museum and Zoo six months after it opens and what it would look like to eliminate the General Fund Subsidy through a fully cost recoverable program. Referred in June 2021, Reviewed September 2022.

2) PENDING: Planning and Development Services Fee Study. Staff initiated, study is on hold while the Fire Prevention Program organizational study is completed. 3) PENDING: Parking Permits Pricing and Parking Permit Funds Financial Status. Staff initiated, review is on hold while post pandemic trends are collected.

1 Finance Committee, December 6, 2022, Item #1, CMR #14906:
https://www.cityofpaloalto.org/files/assets/public/agendas -minutes-reports/agendas-minutes/finance- committee/2022/20221206/20221206pfcsm-late-packet.pdf
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Committee Tentative
Topics Calendar 2023
[revised 3.29.23]

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Palo Alto City CouncilApril 10, 2023

Palo Alto City Council
April 10, 2023