Agenda packet — Palo Alto City Council, June 19, 2023 (part 1 of 6)

CITY COUNCIL
Special Meeting
Monday, June 19, 2023
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference/video conference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.

VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
CALL TO ORDER
This meeting will be called to order in honor of Caribbean American Heritage Month.

SPECIAL ORDERS OF THE DAY (5:35 ‐ 5:40 PM)

1. Proclamation Honoring Juneteenth 2023
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:40 ‐ 5:55 PM)
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (5:55 ‐ 6:00 PM) CONSENT CALENDAR (6:00 ‐ 6:15 PM)

2. Approval of Minutes from May 22, 2023 and June 5, 2023 Meetings

3. Approval of a Purchase Order with The Public Restroom Company in the Amount of $369,749 to Provide and Install a Modular Restroom Building at the Cubberley Community Center Fields for the Cubberley Field Restroom Capital Project (CB‐17002); CEQA status – exempt under CEQA Guidelines Section 15303

4. Approval of Construction Contract Number C23187877 with Casey Construction, Inc. in the amount of $410,604, Authorization for the City Manager to Negotiate and Execute Change Orders up to a Not‐to‐Exceed Amount of $41,060, and approval of a FY 2023 Budget Amendment in the Stormwater Management Fund for the Trash Capture Device InstallationProjectCapitalImprovementProgramProjectSD22002;CEQAstatus 1 Special Meeting June 19, 2023
Materials submitted to the Board after distribution of the agenda packet are available for public inspection CONSNTCANAR(6:006:5PM)

2. Approval of Minutes from May 22, 2023 and June 5, 2023 Meetings

4. Approval of Construction Contract Number C23187877 with Casey Construction, Inc. in the amount of $410,604, Authorization for the City Manager to Negotiate and Execute Change Orders up to a Not‐to‐Exceed Amount of $41,060, and approval of a FY 2023 Budget Amendment in the Stormwater Management Fund for the Trash Capture Device Installation Project, Capital Improvement Program Project SD‐22002; CEQA status – exempt under CEQA Guideline Section 15303. Q&A

5. Utilities Advisory Commission Recommends Adoption of the 2023 Annual Water Shortage Assessment Report

6. Grant of Easements to City of Mountain View for the City of Mountain View’s Phase 2 San Antonio Area Sewer Main Improvements Project. CEQA Status – Exempt Under CEQA Guidelines Section 15378(b)(5).

7. Approval of Construction Contract with OBS Engineering, Inc. (#C23187759) in the Amount of $4,199,222 and Authorization for the City Manager to Negotiate and Execute Change Orders up to a Not‐to‐Exceed Amount of $419,922 for the Boulware Park Improvements project (PE‐17005) and Green Stormwater Infrastructure project (SD‐ 22001); and Approval of FY 2023 Budget Amendments in the Park Development Impact Fee, Stormwater Management, and Capital Improvement Funds; CEQA status—exempt under CEQA Guidelines sections 15301 (existing facilities), 15302 (replacement or reconstruction), 15303 (small structures), and 15311 (accessory structures) Q&A

8. Approval of the Conceptual Plan for Quiet Zone at Palo Alto Avenue/Alma Street Rail Crossing and Direct Staff to Proceed with Design and Construction of the Project. CEQA status – categorically exempt (Regulation 15301).

9. Approval of: (1) a Purchase Order with Pivot Interiors Inc. in the Amount of $756,021 and (2) a Purchase Order with One Workplace in the Amount of $480,229 for the Public Safety Building Capital Project (PE‐15001); CEQA: Environmental Impact Report for the Public Safety Building and New California Avenue Area Parking Garage (Resolution No. 9772) Title Updated, Q&A

10. Approval of a one‐year General Services contract with Stephen Ciari Plumbing and Heating, Inc. for Backflow Prevention Devices Testing, Repair, and Certification Services and Approval of a FY 2023 Budget Amendment in the General Fund; CEQA Status – Categorically Exempt 15301 and 15302

11. Approval of Amendment No. 1 with South Bay Regional Public Safety Training Consortium (Contract No S23187799) for Fire Academy and Other Training Services extended through 12/31/2023 and increasing the total compensation by $114,370 for a total contract amount not to exceed $199,000. CEQA status: not a project.

12. Approval of the Fiscal Year 2024 Investment Policy

13. City Council Appointment of the Castilleja Neighborhood Committee in Accordance With Condition Number 33 Contained in Record of Land Use Action 2022‐22 Authorizing Redevelopment of Private School at 1310 Bryant Street (Castilleja School).

EnvironmentalAssessment:ExemptfromCEQAPursuanttoCEQAGuidelinesSection 2 Special Meeting June 19, 2023
Materials submitted to the Board after distribution of the agenda packet are available for public inspection ppg;Q
Categorically Exempt 15301 and 15302

12. Approval of the Fiscal Year 2024 Investment Policy

Environmental Assessment: Exempt from CEQA Pursuant to CEQA Guidelines Section 15061(b)(3).

14. Authorization for the City Manager to Negotiate and Execute a Memorandum of Understanding and Funding Agreement with Peninsula Corridor Joint Powers Board (Caltrain) and the City of Menlo Park Regarding Emergency Repairs to the North Bank of the San Francisquito Creek

15. Adopt an Ordinance Amending Palo Alto Municipal Code (PAMC) Section 9.10.060 (f) and Adoption of a Resolution to Modify the Administrative Penalty Schedule Related to Enforcement of the City’s Gas‐Powered Leaf Blower Ban. Environmental Analysis: Not Subject to CEQA Review in Accordance with CEQA Guidelines 15061(b)(3).

Environmental Impact Report for the PSB and New California Avenue Area Parking Garage (Resolution No. 9772) Supplemental Report added, Q&A

17. Authorization to Execute Amendment to Legal Services Contract S22184420 with Rankin Stock Heaberlin Oneal to Increase Amount by $150,000 for Total Not‐to‐Exceed Amount of $225,000 and to Extend the Term to January 2025; CEQA Status – Not a Project Q&A

18. Approval of Contract with VOX Network Solutions (C23187554) to Procure Services to Upgrade the City’s Phone System and a Three‐Year Support Term for a Total Amount Not‐To‐Exceed $504,107; CEQA Status—not a project

19. Approval and authorization to execute contract Amendment No. 2 with the OIR Group for an additional two‐year period and an additional $105,000 for a new not‐to‐exceed amount of $212,500 for independent police auditing services with a new expiration date of January 1, 2025.

20. Approval of Amendment Number 3 to the Agreement With Palo Alto Unified School District (PAUSD) for PAUSD Athletic Field Brokering and Maintenance Cost‐sharing to Extend the Term to June 30, 2024, with an Optional Extension for an Additional Six Months; CEQA status – categorically exempt (Regulation 15301).

21. Approval of the 2023‐2024 Human Relations Commission Work Plan; CEQA Status – Not a Project

22. Approval of Office of City Auditor Remote and Flexible Work Study Report; CEQA Status – Not a Project

23. Approval of Office of City Auditor Task Order Change ‐ 04.16 ALPR Technology Contract Management; CEQA Status – Not a Project Late Packet Report 3 Special Meeting June 19, 2023
Materials submitted to the Board after distribution of the agenda packet are available for public inspection

21. Approval of the 2023‐2024 Human Relations Commission Work Plan; CEQA Status – Not a Project

22. Approval of Office of City Auditor Remote and Flexible Work Study Report; CEQA Status – Not a Project

23. Approval of Office of City Auditor Task Order Change ‐ 04.16 ALPR Technology Contract Management; CEQA Status – Not a Project Late Packet Report

24. Approval of Office of City Auditor Task Order Change ‐ 04.19 Disaster Recovery Preparedness; CEQA Status – Not a Project Late Packet Report

25. Approval of Office of City Auditor Task Order Change ‐ FY23‐01 Citywide Risk Assessment & FY23‐02 Annual Audit Plan; CEQA Status – Not a Project Late Packet Report

26. SECOND READING: Adoption of an Ordinance Amending Section 2.04.010 (Regular Meeting) of Chapter 2.04 (Council Organization and Procedure) of the Palo Alto Municipal Code to Change the City Council Meeting Start Time from Six p.m. to Five‐ Thirty p.m. (FIRST READING: June 5, 2023 PASSED 7‐0)

27. SECOND READING: Adoption of an Ordinance Amending Section Palo Alto Municipal Code Chapter 9.68, Rental Housing Stabilization, to Clarify the Definitions of At‐Fault and No‐Fault Just Cause for Evictions, Extend Just Cause Eviction Protections and Tenant Relocation Assistance to More Rental Units in Palo Alto than Offered by State Law, and Adopt a Security Deposit Limit for Unfurnished Rental Units in Palo Alto.

Environmental Assessment: Exempt under CEQA Guidelines Section 15061(b)(3). (FIRST READING: June 5, 2023 PASSED 6‐1)
CITY MANAGER COMMENTS (6:15 ‐ 6:30 PM)
ACTION ITEMS (Item 28: 6:30 ‐ 7:15 PM, Item 29: 7:15 ‐ 8:30 PM)

28. PUBLIC HEARING: Finance Committee Recommends Adoption of Four Resolutions: 1) Approving the Fiscal Year 2024 Wastewater Collection Utility Financial Plan, Proposed Reserve Transfers, and Increasing Wastewater Rates by Amending Wastewater Collection Rate Schedules S‐1, S‐2, S‐6 and S‐7; 2) Approving the Fiscal Year 2024 Water Utility Financial Plan, Proposed Reserve Transfers, and Increasing Water Rates by Amending Water Rate Schedules W‐1, W‐2, W‐3, W‐4, and W‐7; 3) Amending Utility Rate Schedules EDF‐1 and EDF‐2, to Increase Dark Fiber Rates by 4.9 Percent and amending Rate Schedule EDF‐3 to make technical revisions with no rate change; and 4) Amending Utility Rate Schedule D‐1 Increasing the Storm Water Management Fee by 4.9 Percent per Month per Equivalent Residential Unit for FY 2024; and CEQA Status: Not a project under CEQA Guidelines Section 15378(b)(4) and (5) and exempt under Public Resources Code Sec. 21080(b)(8) and CEQA Guidelines Section 15273(a) Title Updated

29. PUBLIC HEARING: Adoption of the Budget Ordinance for Fiscal Year 2024, Including the Operating and Capital Budgets, Table of Organization, and Municipal Fee Schedule; Acceptance of Updates to the Capital Improvement Plan, and Acceptance of Updates to the Salary Schedule for the Management and Professionals Group; CEQA Status – Not a 4 Special Meeting June 19, 2023
Materials submitted to the Board after distribution of the agenda packet are available for public inspection Amending Water Rate Schedules W‐1, W‐2, W‐3, W‐4, and W‐7; 3) Amending Utility Rate Schedules EDF‐1 and EDF‐2, to Increase Dark Fiber Rates by 4.9 Percent and amending Rate Schedule EDF‐3 to make technical revisions with no rate change; and 4) Amending Utility Rate Schedule D‐1 Increasing the Storm Water Management Fee by 4.9 Percent per Month per Equivalent Residential Unit for FY 2024; and CEQA Status: Not a project under CEQA Guidelines Section 15378(b)(4) and (5) and exempt under Public Resources Code Sec. 21080(b)(8) and CEQA Guidelines Section 15273(a) Title Updated

30. Adoption of a Resolution Proposing the Appropriations Limit for Fiscal Year 2024 Late Packet Report

32. Approval of a Blanket Purchase Order with Graniterock Company for the purchase of Sand, Rock, and Cutback‐Cold Mix Asphalt Materials for the Public Works and Utilities Departments for a three‐year term ending June 30, 2026; CEQA – Not a Project

33. Approval of Contract No. C23187298A with MuniServices, LLC for Tax and Fee Consulting Services in a Total Not‐To‐Exceed Amount of $1,161,550 Over a Five‐Year Term and Contract No. C23187298B with HdL Coren & Cone for Property Tax Consulting Services in a Total Not‐To‐Exceed Amount of $111,800 Over a Five‐Year Term; CEQA Status – Not a Project

34. Approval of Professional Services Contract with Kittelson & Associates for a Not‐to‐ Exceed Amount of $333,945 for the Bicycle and Pedestrian Transportation Plan Update

35. Approve and Authorize the City Manager to Execute a Grant Agreement with the Federal Highway Administration (FHWA) to Develop the Palo Alto Safe Streets for All (SS4A) Action Plan by Receiving $160,000 in Federal Funds and Requiring $40,000 in City Matching Funds over Two Years and Approve a FY 2024 Budget Amendment in the Capital Improvement Fund; CEQA status – not a project.

36. Approval of Contract Number C23187284 with Michael Baker International (MBI) for a Not‐to Exceed Amount of $211,310 to Provide Administration and Consulting Services for the City’s Community Development Block Grant (CDBG) Program for a Term of Two‐ years Through June 2025

37. Approval of Amendment No. 1 to the Lease Agreement between the Palo Alto Unified School District (PAUSD) (Landlord) and the City of Palo Alto (Tenant) for Extended Day Care Spaces for an Initial 12‐Month Term, Rent Not to Exceed $707,676 per Year; CEQA Status – Not a Project
5 Special Meeting June 19, 2023
Materials submitted to the Board after distribution of the agenda packet are available for public inspection yg$,qg$,y
Matching Funds over Two Years and Approve a FY 2024 Budget Amendment in the Capital Improvement Fund; CEQA status – not a project.

38. Approval of a Professional Services Agreement (Contract No. C23184669A) with LifeMoves for the provision of Homeless Outreach Services in an Amount Not to Exceed of $460,000 for a term of two years; CEQA status – not a project.

39. Acceptance of an Outdoor Environmental Education Facilities Grant from the California Department of Parks and Recreation in the amount of One Hundred and Sixty‐Two Thousand Dollars ($162,000) for Signage and Exhibits at the Palo Alto Baylands Nature Preserve, Approval of Deed Restrictions in the Baylands, and Approval of a FY 2024 Budget Amendment in the Capital Improvement Fund; CEQA – categorically exempt (Regulation 15311).

40. Approval of Contract with Downtown Streets Team, Inc. (C23188369) for a Total Not‐to‐ Exceed Amount of $168,340 for Fiscal Year 2024 for Workforce Development Services:

Environmental Assessment: Exempt in Accordance with CEQA Guidelines Section 15061(b)(3).

STUDY SESSION (8:40 ‐ 9:55 PM)

41. Tree Protection Ordinance Year One Implementation Update ACTION ITEMS
AA1. Colleagues Memo: Approval of a “Friendship City” Program New Item

ADJOURNMENT
INFORMATION REPORTS

42. Accessory Dwelling Unit (ADU) Quarterly Report (Quarter 1 of Calendar Year 2023)

43. Update on State Law AB 2097 and Local Implementation Informational Report.

44. Update on the Capital Improvement Program and Long Range Facility Planning Update for the Regional Water Quality Control Plant
OTHER INFORMATION
Standing Committee Meetings this week
6 Special Meeting June 19, 2023
Materials submitted to the Board after distribution of the agenda packet are available for public inspection INFORMATION REPORTS

42. Accessory Dwelling Unit (ADU) Quarterly Report (Quarter 1 of Calendar Year 2023)

43. Update on State Law AB 2097 and Local Implementation Informational Report.

44. Update on the Capital Improvement Program and Long Range Facility Planning Update for the Regional Water Quality Control Plant
OTHER INFORMATION
Standing Committee Meetings this week
Rail Committee June 20, 2023
Finance Committee June 20, 2023 – Canceled
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS

9. Approval of: (1) a Purchase Order with Pivot Interiors Inc. in the Amount of $756,021 and (2) a Purchase Order with One Workplace in the Amount of $480,229 for the Public Safety Building Capital Project (PE‐ 15001); CEQA: Environmental Impact Report for the Public Safety Building and New California Avenue Area Parking Garage (Resolution No. 9772) Title Updated

16. Approval of a Purchase Order with Aviat Networks in the Amount of $438,907 for Radio Communication Systems for the New Public Safety Building Capital Project (PE‐15001), including $399,007 for Basic Services and $39,900 for Additional Services; CEQA: Environmental Impact Report for the PSB and New California Avenue Area Parking Garage (Resolution No. 9772) Supplemental Report

23. Approval of Office of City Auditor Task Order Change ‐ 04.16 ALPR Technology Contract Management; CEQA Status – Not a Project Late Packet Report added

24. Approval of Office of City Auditor Task Order Change ‐ 04.19 Disaster Recovery Preparedness; CEQA Status – Not a Project Late Packet Report added

25. Approval of Office of City Auditor Task Order Change ‐ FY23‐01 Citywide Risk Assessment & FY23‐02 Annual Audit Plan; CEQA Status – Not a Project Late Packet Report added

30. Adoption of a Resolution Proposing the Appropriations Limit for Fiscal Year 2024 Late Packet Report added

31. Approval of an Agreement Between Santa Clara Valley Water District and the City of Palo Alto for Administration and Funding of Water Conservation and Stormwater Rebate Programs and Advanced Metering Infrastructure for a Total Not‐To‐Exceed Amount of $1,575,000 Over a Seven‐Year Term Ending J302030(ThiijdhfifClifiEilQliA
7 Special Meeting June 19, 2023
Materials submitted to the Board after distribution of the agenda packet are available for public inspection for FY 2024; and CEQA Status: Not a project under CEQA Guidelines Section 15378(b)(4) and (5) and exempt under Public Resources Code Sec. 21080(b)(8) and CEQA Guidelines Section 15273(a) Title Updated

30. Adoption of a Resolution Proposing the Appropriations Limit for Fiscal Year 2024 Late Packet Report added

31. Approval of an Agreement Between Santa Clara Valley Water District and the City of Palo Alto for Administration and Funding of Water Conservation and Stormwater Rebate Programs and Advanced Metering Infrastructure for a Total Not‐To‐Exceed Amount of $1,575,000 Over a Seven‐Year Term Ending June 30, 2030 (This is not a project and therefore is exempt from California Environmental Quality Act (CEQA)) Title Updated
AA1. Colleagues Memo: Approval of a “Friendship City” Program New Item PUBLIC COMMENT INSTRUCTIONS
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Click to Join Zoom Meeting ID: 362‐027‐238 Phone: 1(669)900‐6833 AMERICANS WITH DISABILITY ACT (ADA)
Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329‐2550 (Voice) 48 hours or more in advance. 8 Special Meeting June 19, 2023
Materials submitted to the Board after distribution of the agenda packet are available for public inspection City Council
Staff Report
Report Type: SPECIAL ORDERS OF THE DAY
Lead Department: City Clerk
Meeting Date: June 19, 2023
Report #:2306-1658
TITLE
Proclamation Honoring Juneteenth 2023

ATTACHMENTS
Attachment A: Juneteenth Proclamation 2023
APPROVED BY:

Mahealani Ah Yun
Item 1
Item 1 Staff Report
Item 1: Staff Report Pg. 1 Packet Pg. 9 of 911
__________________________
Lydia Kou
Mayor
Proclamation

JUNETEENTH FREEDOM DAY
WHEREAS, June 19th is declared as Juneteenth Freedom Day, a nationally recognized day which celebrates the rich culture, legacy and heritage of Black and African American people; WHEREAS, 2023 marks the 158th year of Juneteenth Freedom Day with Juneteenth being the oldest known celebration commemorating the abolition of slavery in the United States, dating back to June 19, 1865 when Union soldiers led by Major General Gordon Granger arrived in Galveston, Texas with news that the war had ended, freeing the enslaved; and
WHEREAS, this was two and a half years after President Abraham Lincoln’s Emancipation Proclamation which became official on January 1, 1863; and
WHEREAS, the U.S. Congress—between 1865 and 1870—would pass key amendments to the U.S. Constitution, that upon ratification by each state, would profoundly change the legal status of those once enslaved. The thirteenth amendment abolished bonded servitude, the fourteenth amendment conferred citizenship upon those once enslaved, and, finally, the fifteenth amendment enfranchised men once held in bondage; and WHEREAS, today, Juneteenth Freedom Day celebrates Black and African American people’s freedom and achievement, while encouraging continuous self-development and respect for all cultures, as it takes on a more national, symbolic, and even global perspective; and
WHEREAS, annual Juneteenth celebrations are held throughout the Bay Area—in cities such as San Francisco, Oakland, San Jose, and as close as East Palo Alto, where a Juneteenth Food & Music Festival will take place on Saturday, June 17, 2023 at Bell Street Park; and
WHEREAS, East Palo Alto is also home to Live in Peace, a non-profit organization centered around empowering at-risk youth and young adults to reclaim the vision for their future, which serves the East Palo Alto and Palo Alto communities; and
WHEREAS, as part of their mission, Live in Peace “shows that deep community roots and a family-style approach can support young people facing economic insecurity and unequal access to opportunity;” and WHEREAS, Palo Alto, largely inspired by local non-profits such as Live in Peace, continues the journey of addressing racial inequities and focusing on efforts to increase diversity, inclusion, and belonging as expressed in the City of Palo Alto’s Equity Mission Statement.

NOW, THEREFORE, I, Lydia Kou, Mayor of the City of Palo Alto on behalf of the entire City Council, do hereby recognize and celebrate June 19th as Juneteenth Freedom Day, and call upon our community to reaffirm our commitment to eradicating hate, racism, and inequity and continuing the work of equity, justice, and hope.

PRESENTED: June 19, 2023
Item 1
Attachment A -
Juneteenth Proclamation
2023
Item 1: Staff Report Pg. 2 Packet Pg. 10 of 911
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: June 19, 2023
Report #:2306-1631
TITLE
Approval of Minutes from May 22, 2023 and June 5, 2023 Meetings

RECOMMENDATION
That the minutes be reviewed and approved.

ATTACHMENTS
Attachment A: May 22, 2023 Draft Action Minutes
Attachment B: June 5, 2023 Draft Action Minutes
APPROVED BY:

Mahealani Ah Yun
Item 2
Item 2 Staff Report
Item 2: Staff Report Pg. 1 Packet Pg. 11 of 911

CITY COUNCIL

DRAFT ACTION MINUTES

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Special Meeting
May 22, 2023
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M.

Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Present Remotely:

Absent:

Special Orders of the Day

1. Proclamation Honoring Thomas Foon Chew

2. Proclamation Honoring Birge Clark

NO ACTION
Agenda Changes, Additions and Deletions

NO ACTION
Public Comment
Closed Session

3. PUBLIC EMPLOYEE APPOINTMENT Authority: Gov Code section 54957(b) Titles: City Clerk

4. CONFERENCE WITH LABOR NEGOTIATORS Unrepresented Employee: City Clerk City representatives: Sandra Blanch Authority: Government Code Section 54957.6 MOTION: Council Member Lythcott-Haims moved, seconded by Vice Mayor Stone to go into Closed Session.

MOTION PASSED: 7-0
Council went into Closed Session at 6:01 P.M.

Item 2
Attachment A - May 22
Draft Action Minutes
Item 2: Staff Report Pg. 2 Packet Pg. 12 of 911

DRAFT ACTION MINUTES

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Sp. City Council Meeting
Draft Action Minutes: 05/22/2023
Council returned from Closed Session at 7:35 P.M.

Mayor Kou announced no reportable action.

Council Member Questions, Comments and Announcements
Study Session
AA1. FY 2024 Proposed Operating and Capital Budget - Finance Committee Update and Council Budget Discussion

NO ACTION
Consent Calendar
Mayor Kou registered a no vote on Agenda Item Number 8.

MOTION: Council Member Lauing moved, seconded by Vice Mayor Stone to approve Agenda Item Numbers 5-10.

MOTION PASSED ITEMS 5-7, 9-10: 7-0
MOTION PASSED ITEM 8: 6-1, Kou no

5. Approval of Minutes from May 8, 2023 Meeting

6. Approve the Services Agreement between the City of Palo Alto and the Peninsula Corridor Joint Powers Board (Caltrain) for the Connecting Palo Alto Grade Separation Projects and Authorize the City Manager to Execute the Agreement; CEQA status – not a project.

7. Approval of Amendment No. 1 to Contract No. S20178516 with Hohbach-Lewin, Inc. to increase compensation by $10,000 and to extend the Contract Term through March 30, 2026 for On-Call Structural Engineering Services for various Public Art Installations; CEQA Status – Not a Project.

8. SECOND READING: Adopt an Ordinance Continuing the Interim Parklet Program Until March 31, 2024 (FIRST READING: May 8, 2023 PASSED 6-1, Kou no)

9. Amendment to Palo Alto Municipal Code Title 18 Chapter 18.42, Standards for Special Uses, to Codify Firearms Sales Limitations Ordinance; CEQA status—exempt under CEQA Guidelines section 15061(c)(3).

Item 2
Attachment A - May 22
Draft Action Minutes
Item 2: Staff Report Pg. 3 Packet Pg. 13 of 911

DRAFT ACTION MINUTES

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Sp. City Council Meeting
Draft Action Minutes: 05/22/2023

10. Adoption of a Permanent Ordinance Amending Titles 18 and 21 to Implement State Housing Legislation from the 2021 Legislative Session, Including SB 9. Environmental Analysis: Exempt from Environmental Analysis under CEQA Guidelines Section 15061(b)(3) and Government Code Sections 66411.7(n) and 65852.21(j). The Planning and Transportation Commission (PTC) has recommended Council adopt the ordinance.

Closed Session
AA2. CONFERENCE WITH CITY ATTORNEY- EXISTING LITIGATION; Subject: Yes In My Backyard, et al. v. City of Palo Alto; Santa Clara County Superior Court Case No. 23-CV-410811 (One Case, as Defendant); Authority: Government Code Section 54956.9(d)(1) MOTION: Council Member Veenker moved, seconded by Council Member Lythcott-Haims to go into Closed Session.

MOTION PASSED: 7-0
Council went into Closed Session at 10:15 P.M.

Council returned from Closed Session at 11:09 P.M.

Mayor Kou announced no reportable action.

Adjournment: The meeting was adjourned at 11:10 P.M.

ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor
NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)

2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section

2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website.

Item 2
Attachment A - May 22
Draft Action Minutes
Item 2: Staff Report Pg. 4 Packet Pg. 14 of 911

CITY COUNCIL

DRAFT ACTION MINUTES

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Special Meeting
June 5, 2023
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M.

Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Present Remotely:

Absent:

Study Session

1. 1237 San Antonio Road: Regional Water Purification Facility. Request for Pre-screening by Santa Clara Valley Water to Amend the Comprehensive Plan Land Use Designation and map for a Portion of the Subject Property From Public Conservation Land (CL) to Major Institution/Special Facility (MISP). Environmental Analysis: This Study Session is Not a Project in Accordance With CEQA.

Consent Calendar
Council Member Tanaka registered a no vote on Agenda Item Number 4.

MOTION: Mayor Kou moved, seconded by Council Member Lauing to approve Agenda Item Numbers 2-12.

MOTION PASSED ITEMS 2-3, 5-10, 12: 7-0
MOTION PASSED ITEM 4: 6-1, Tanaka no
MOTION PASSED ITEM 11: 6-0-1, Lythcott-Haims recuse

2. Approval of Minutes from May 15, 2023 Meeting

3. Approval of Second Amended and Restated Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority, CEQA: Not a Project

4. Approval of Construction Contract with O’Grady Paving, Inc. (C23187512) for the Churchill Avenue/Alma Street Railroad Crossing Safety Improvements Project, Capital Item 2
Attachment B - June 5
Draft Action Minutes
Item 2: Staff Report Pg. 5 Packet Pg. 15 of 911

DRAFT ACTION MINUTES

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Sp. City Council Meeting
Draft Action Minutes: 06/05/2023
Improvement Program Project PL-20000 in the amount of $2,265,340 and Authorization for the City Manager to Execute Change Orders up to $226,534; and CEQA status – exempt under CEQA Guidelines Section 15301(c)

5. Adoption of a Resolution 10110 for Senate Bill 1, the Road Repair and Accountability Act, for Fiscal Year 2024, Providing the Project List for the Street Maintenance Project, Capital Improvement Program Project PE-86070; CEQA Status – Not a Project

6. Approval of Office of City Auditor Task Order Change - 4.08 Public Safety BuildingConstruction Audit, as recommended by the Policy and Services Committee.

7. Approval of Office of City Auditor Task Order Change - FY23-05 Various Reporting & City Hotline, as recommended by the Policy and Services Committee.

8. Approval of Office of City Auditor Task Order Change - 4.20 Procurement, as recommended by the Policy and Services Committee.

9. Adoption of an Ordinance Amending Section 2.04.010 (Regular Meeting) of Chapter 2.04 (Council Organization and Procedure) of the Palo Alto Municipal Code to Change the City Council Meeting Start Time from Six p.m. to Five- Thirty p.m.

10. Adoption of a Resolution 10111 to Appoint Mahealani Ah Yun as Interim City Clerk Through December 1, 2023 at the annual salary of $121,285 - CEQA exempt

11. SECOND READING: Ordinance 5585 Amending Title 18 (Zoning) of the Palo Alto Municipal Code to Amend Requirements Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units (FIRST READING: May 15, 2023, PASSED 7-0)

12. SECOND READING: Amendment to Palo Alto Municipal Code Title 18 Chapter 18.42, Standards for Special Uses, to Codify Firearms Sales Limitations Ordinance 5586; CEQA status—exempt under CEQA Guidelines section 15061(c)(3) (FIRST READING: May 22, 2023 PASSED 7-0)
Action Items

13. PUBLIC HEARING: Adoption of an Ordinance Amending Section Palo Alto Municipal Code Chapter 9.68, Rental Housing Stabilization, to Clarify the Definitions of At-Fault and NoFault Just Cause for Evictions, Extend Just Cause Eviction Protections and Tenant Relocation Assistance to More Rental Units in Palo Alto than Offered by State Law, and Adopt a Security Deposit Limit for Unfurnished Rental Units in Palo Alto. Environmental Assessment: Exempt under CEQA Guidelines Section 15061(b)(3).

MOTION: Vice Mayor Stone moved, seconded by Mayor Kou to adopt the attached Ordinance (Attachment A) amending Palo Alto Municipal Code (PAMC) Chapter 9.68, Rental Housing Item 2
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Stabilization, to clarify the definitions of at-fault and no-fault just cause for evictions, extend just cause eviction protections and tenant relocation assistance to more rental units in Palo Alto than offered by state law, and adopt a security deposit limit for unfurnished rental units in Palo Alto:

And direct staff to return to Council with an amendment to reduce the required unit occupancy minimum period from 12 months to 6 months in section 9.68.40(b) and (d) on the Consent Calendar in August 2023, and change other time periods consistent with this approach.

MOTION PASSED: 6-1, Tanaka no

14. Adoption of a Resolution 10112 Approving an Addendum to the 2017 Comprehensive Plan Environmental Impact Report and Adopting the Sustainability and Climate Action Plan (S/CAP); Approval of the 2023-2025 S/CAP Workplan; and Review of the 2023 Earth Day Report
MOTION: Council Member Burt moved, seconded by Council Member Veenker to:

1. Certify the Comprehensive Plan Environmental Impact Report Addendum: Update to the Sustainability and Climate Action Plan

2. Adopt a Resolution Approving an Addendum to the Comprehensive Plan Environmental Impact Report and Adopting the Sustainability and Climate Action Plan (Attachment B and C)

3. Accept the 2023-2025 S/CAP Work Plan (Attachment D)
MOTION PASSED: 7-0
Adjournment: The meeting was adjourned at 10:55 P.M.

ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor
NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)

2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section

2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council Item 2
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found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website.

Item 2
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Draft Action Minutes
Item 2: Staff Report Pg. 8 Packet Pg. 18 of 911
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: June 19, 2023
Report #:2304-1330
TITLE
Approval of a Purchase Order with The Public Restroom Company in the Amount of $369,749 to Provide and Install a Modular Restroom Building at the Cubberley Community Center Fields for the Cubberley Field Restroom Capital Project (CB-17002); CEQA status – exempt under CEQA Guidelines Section 15303

RECOMMENDATION
Approve and authorize the City Manager or their designee to execute Purchase Order No.

C23187750 with The Public Restroom Company in an amount not to exceed $369,749, including $336,136 for basic services and $33,613 for additional services, for the purchase of a modular park restroom building for the Cubberley Community Center Fields for the Cubberley Field Restroom project, Capital Improvement Program Project (CB-17002).

BACKGROUND
The Cubberley Community Center (Cubberley) field is the City’s largest field complex and includes soccer and softball fields, tennis courts, and a running track. There are currently only two portable restrooms available onsite. A permanent restroom is a much-needed facility to accommodate the heavy field usage. The City currently owns eight acres, and the Palo Alto Unified School District (PAUSD) owns 27 acres at Cubberley. The proposed restroom will be located on the property owned by the PAUSD between the sports fields and the running track.

The restroom location has been coordinated with the PAUSD. The restroom location was determined based on its proximity to the fields and community input, and it will primarily serve the City’s sports fields users. It is possible that the prefabricated restroom could be moved in the future should discussions of land allocations between the City and PAUSD make an alternative location desirable.

The Cubberley Field Restroom project (CB-17002) began in 2018 and was postponed due to staffing constraints. The project originally included a two-stall restroom building. Based on the input received from the community, a four-stall restroom in the proposed location was preferred to accommodate the heavy usage of the fields. A lift station is also needed to pump sanitary sewage from the restroom to the City’s sewer on Nelson Drive.

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ANALYSIS
The Public Restroom Company provides modular restrooms at public facilities and provided such restrooms for the City in 2017 as part of the Palo Alto Municipal Golf Course Reconfiguration Project. On April 10, 2023, Council approved a Purchase Order with The Public Restroom Company to provide two-stall restroom buildings at Rinconada and Ramos Parks.1 The restroom at Cubberley will consist of four universal stalls and will be approximately 12 feet by 27 feet in size. It will automatically lock at 10pm, be cleaned daily, and have security lighting.

The estimated fabrication time for the modular restroom building is approximately 12 months.

Staff proposes a piggyback contract procurement process as permitted under Palo Alto Municipal Code section 2.30.360(k), allowing the use of another governmental agency’s contract or substantially the same contract terms and exempting the competitive solicitation requirements to purchase the modular building. Purchase Order No. C231877502 incorporates the City of Los Angeles Contract with the Public Restroom Company. The City’s Procurement Officer has determined that the City of Los Angeles solicitation process is substantially similar to the City’s and that the City has good experience with the quality and aesthetics of the modular restroom provided by The Public Restroom Company at the golf course. This approach would allow staff to purchase the modular restroom building directly from the vendor, rather than have a one-year or longer lead time following completion of the bidding process for both design and construction, and Council approval of a construction contract. The offsite building prefabrication would be cost-effective and would reduce onsite construction time compared to the traditional design/bid/build process. Prior to completion of the building fabrication, staff will complete a bidding process to award a construction contract for site preparation, pump station installation, and utilities work for the building installation. The restroom is anticipated to be installed by summer/fall of 2024.

The cost of the prefabricated restroom building is comparable to previous restroom buildings at City facilities with consideration of cost escalation. For example, the cost of prefabricated restroom buildings and installation for Briones Park and the Golf Course were approximately $120,000 in 2012 and $170,000 in 2017, respectively. In general, the cost of prefabricated restroom buildings has escalated at an average 7-8% per year over the last decade with continued material price increases and market conditions. Staff also collected available data of prefabricated restroom buildings provided by the Public Restroom Company to other municipal agencies in the region, and found the costs comparable to the proposed restroom at Cubberley.

For example, the cost of a four-stall prefabricated restroom in the City of Fremont’s California Nursery Historical Park was approximately $600,000 in 2022 and the cost of a two-stall prefabricated restroom in the City of East Palo Alto’s Cooley Landing Park was approximately $250,000 in 2018.
1 City Council, April 10, 2023; Agenda Item #8, SR #2212-0529, https://portal.laserfiche.com/Portal/DocView.aspx?id=65901&repo=r-704298fc&searchid=d2d190ba-3672-4f2d921c-740f2b6080c3 2 C23187750 Public Restroom Company Contract
https://www.cityofpaloalto.org/files/assets/public/public-works/engineering-services/cip-contracts/c23187750- public-restroom-partially-executed.pdf
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Staff recommends approval of Purchase Order No. C23187750 with the Public Restroom Company for the purchase of the modular restroom building which includes cost of building fabrication, installation, all required state inspections and approval, and bonds. The scope of work for the restroom building can be seen in Attachment A.

FISCAL/RESOURCE IMPACT
The total purchase order with Public Restroom Company is $369,749, which includes $336,136 for basic services and $33,613 for additional services. Funding for the purchase recommended in this memo is primarily available in the Fiscal Year 2023 Adopted Capital Improvement Program Cubberley Field Restroom project (CB-17002). Additional funding for site preparation, installation of a lift station, and utilities for the restroom is included in the Fiscal Year 2024 Proposed Capital budget. Both the Fiscal Year 2023 and Fiscal Year 2024 funding amounts are from the Cubberley Property Infrastructure Fund. Approval of this purchase order is contingent on approval and adoption of the Fiscal Year 2024 Capital budget, which is currently scheduled for June 19, 2023. This work will be constructed by a contractor to be determined through a bid solicitation process.

STAKEHOLDER ENGAGEMENT
On August 17, 2022, staff held a community meeting to review the proposed restroom location and building style. Due to limited attendance, staff conducted an online survey to obtain community input. The survey results can be viewed on City’s Park Restrooms webpage.3 Staff presented the community survey results, restroom location options, and a 4-stall restroom option to the Parks and Recreation Commission (PRC) on January 24, 2023.4 The PRC and the community supported the 4-stall restroom in the proposed location. In May 2023, a minor Architectural Review Board approval was provided for the restroom.

ENVIRONMENTAL REVIEW
The installation of a modular restroom building is categorically exempt from California Environmental Quality Act (CEQA) under Section 15303 (New Construction of Small Structures) of the CEQA guidelines.

ATTACHMENTS
Attachment A: Cubberley Restroom Scope of Work
APPROVED BY:

Brad Eggleston, Director Public Works/City Engineer
3 Park Restrooms Webpage, www.cityofpaloalto.org/parkrestrooms 4 Parks and Recreation Commission, January 24, 2023; https://www.cityofpaloalto.org/files/assets/public/agendasminutes-reports/agendas-minutes/parks-and-recreation-commission/agendas-minutes/2023-agendas-andminutes/1-jan/staff-report-w-attachments-cubberley-field-restroom.pdf Item 3
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DocuSign Envelope ID: 2E3514FE-F601-4A12-B443-C90422AC35B0 Price Proposal:

Date:

Cubberley Field Restroom, Palo Alto CA
May 8, 2023
Reference: 10575-2/19/2023-7
Sourcewell: Contract # 081721-PRM
Our Offer to Sell:

1. Restroom Building delivered to site @ $ 305,074
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 @ $ 25,388 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 @ $ 330,462

5. Payment & Performance Bonds @ $ 5,674

6. Total Cost of Building, Installation & Bonds @ $ 336,136 Cubberley Field Restroom, Palo Alto CA | 05/08/2023| Reference # 10575-2/19/2023-7 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 1 of 8
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Restroom Scope of Work
Item 3: Staff Report Pg. 4 Packet Pg. 22 of 911
DocuSign Envelope ID: 2E3514FE-F601-4A12-B443-C90422AC35B0 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 Cubberley Field Restroom, Palo Alto CA | 05/08/2023| Reference # 10575-2/19/2023-7 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 2 of 8
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Restroom Scope of Work
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DocuSign Envelope ID: 2E3514FE-F601-4A12-B443-C90422AC35B0 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 remobilization 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, Cubberley Field Restroom, Palo Alto CA | 05/08/2023| Reference # 10575-2/19/2023-7 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 3 of 8
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Restroom Scope of Work
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DocuSign Envelope ID: 2E3514FE-F601-4A12-B443-C90422AC35B0 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.

Cubberley Field Restroom, Palo Alto CA | 05/08/2023| Reference # 10575-2/19/2023-7 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 4 of 8
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Restroom Scope of Work
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DocuSign Envelope ID: 2E3514FE-F601-4A12-B443-C90422AC35B0 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 240 calendar day schedule to complete our scope of work from receipt of written notice to proceed together with signed approved architectural submittals; Including final construction documents and structural calculations 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.

Cubberley Field Restroom, Palo Alto CA | 05/08/2023| Reference # 10575-2/19/2023-7 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 5 of 8
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Restroom Scope of Work
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DocuSign Envelope ID: 2E3514FE-F601-4A12-B443-C90422AC35B0

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.

Cubberley Field Restroom, Palo Alto CA | 05/08/2023| Reference # 10575-2/19/2023-7 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 6 of 8
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Restroom Scope of Work
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DocuSign Envelope ID: 2E3514FE-F601-4A12-B443-C90422AC35B0 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 Cubberley Field Restroom, Palo Alto CA | 05/08/2023| Reference # 10575-2/19/2023-7 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 7 of 8
Item 3
Attachment A - Cubberley
Restroom Scope of Work
Item 3: Staff Report Pg. 10 Packet Pg. 28 of 911
DocuSign Envelope ID: 2E3514FE-F601-4A12-B443-C90422AC35B0 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
Cubberley Field Restroom, Palo Alto CA | 05/08/2023| Reference # 10575-2/19/2023-7 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 8 of 8
Item 3
Attachment A - Cubberley
Restroom Scope of Work
Item 3: Staff Report Pg. 11 Packet Pg. 29 of 911
DocuSign Envelope ID: 2E3514FE-F601-4A12-B443-C90422AC35B0 PROJECT REF#: 10575-5/8/2023-8

FLOOR PLAN
SCALE: NOT TO SCALE

RESTROOM BUILDING

PALO ALTO, CALIFORNIA
CUBBERLEY FI ELD RESTROOM 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 www.PublicRestroomCompany.com BE REPRODUCED, USED OR DISCLOSED TO OTHERS EXCEPT AS AUTHORIZED BY THE WRITTEN PERMISSION OF PUBLIC RESTROOM COMPANY. 2587 BUSINESS PARKWAY MINDEN NEVADA 89423
P: 888-888-2060 F: 888-888-1448
Item 3
Attachment A - Cubberley Restroom
Scope of Work
Item 3: Staff Report Pg. 12 Packet Pg. 30 of 911
DocuSign Envelope ID: 2E3514FE-F601-4A12-B443-C90422AC35B0 PROJECT REF#: 10575-5/8/2023-8
3 -
30'-0" (ROOF OVERALL)
1'-8" 26'-8" (BUILDING OVERALL) 1'-8"

MOP SINK W/ MOP HOLDER

UTILITY
CHASE
SOAP

DISPENSER
HR ELEC. SOAP

DISPENSER PANEL

DRINKING

FOUNTAIN

W/ BOTTLE
FILLER
2 -
HD HD 4
-

ACC/ RR ACC/ RR
ALL
GENDER
ALL
GENDER
ALL
GENDER
ALL
GENDER
BC BC
27'-2" (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

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 5/8/2023 SHEET# BUILDING TYPE:

PROJECT: 8 A-1 DATE:

DRAWN BY: EOR

CUBBERLEY FIELD RESTROOM

PALO ALTO, CA
PROJECT #: START
DATE:

MAX. PERSON / HOUR:
12/4/2018 180 S

O T H E R S E X C E P T A S
10575 AUTHORIZED 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 . DRAWN BY: EOR
~NOT FOR CONSTRUCTION ~ PRELIMINARY DESIGN DRAWING ONLY ~ DO NOT SCALE, DIMENSIONS PRESIDE Item 3
Attachment A - Cubberley Restroom
Scope of Work
Item 3: Staff Report Pg. 13 Packet Pg. 31 of 911
DocuSign Envelope ID: 2E3514FE-F601-4A12-B443-C90422AC35B0 PROJECT REF#: 10575-5/8/2023-8
T.O. WALL
7'-4"

BOARD &
BATTS
T.O. SLAB
0'-0"
ELEVATION 1
SCALE:3/16"=1'-0"
12 1
T.O. WALL
7'-4"
BOARD
& BATTS
T.O. SLAB
0'-0"

DRINKING FOUNTAIN W/

BOTTLE FILLER
ELEVATION 2
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 5/8/2023 SHEET# BUILDING TYPE:

PROJECT:

A-2

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
8 DATE:

DRAWN BY: EOR

CUBBERLEY FIELD RESTROOM

PALO ALTO, CA
PROJECT #: START
DATE:

MAX. PERSON / HOUR:
12/4/2018 180 S

O T H E R S E X C E P T A S
10575 AUTHORIZED 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 . DRAWN BY: EOR
~NOT FOR CONSTRUCTION ~ PRELIMINARY DESIGN DRAWING ONLY ~ DO NOT SCALE, DIMENSIONS PRESIDE Item 3
Attachment A - Cubberley Restroom
Scope of Work
Item 3: Staff Report Pg. 14 Packet Pg. 32 of 911
DocuSign Envelope ID: 2E3514FE-F601-4A12-B443-C90422AC35B0 PROJECT REF#: 10575-5/8/2023-8
T.O. WALL
7'-4"

BOARD &
BATTS
T.O. SLAB
0'-0"
ELEVATION 3
SCALE:3/16"=1'-0"
12 1
T.O. WALL
7'-4"
BOARD
& BATTS
T.O. SLAB
0'-0"
ELEVATION 4
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 5/8/2023 SHEET# BUILDING TYPE:

PROJECT:

A-3

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
8 DATE:

DRAWN BY: EOR

CUBBERLEY FIELD RESTROOM

PALO ALTO, CA
PROJECT #: START
DATE:

MAX. PERSON / HOUR:
12/4/2018 180 S

O T H E R S E X C E P T A S
10575 AUTHORIZED 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 . DRAWN BY: EOR
~NOT FOR CONSTRUCTION ~ PRELIMINARY DESIGN DRAWING ONLY ~ DO NOT SCALE, DIMENSIONS PRESIDE Item 3
Attachment A - Cubberley Restroom
Scope of Work
Item 3: Staff Report Pg. 15 Packet Pg. 33 of 911
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: June 19, 2023
Report #:2304-1328
TITLE
Approval of Construction Contract Number C23187877 with Casey Construction, Inc. in the amount of $410,604, Authorization for the City Manager to Negotiate and Execute Change Orders up to a Not-to-Exceed Amount of $41,060, and approval of a FY 2023 Budget Amendment in the Stormwater Management Fund for the Trash Capture Device Installation Project, Capital Improvement Program Project SD-22002; CEQA status – exempt under CEQA Guideline Section 15303.

RECOMMENDATION
Staff recommends that Council:

1. Approve and authorize the City Manager or their designee to execute the construction contract Number C23187877 with Casey Construction, Inc. in the Amount of $410,604 for the Trash Capture Device Installation Project, Capital Improvement Program Project SD-22002;

2. Authorize the City Manager or their designee to negotiate and execute related change orders to the contract with Casey Construction Inc. for related additional but unforeseen work that may develop during the project, the total value of which shall not exceed $41,060; and

3. Amend the Fiscal Year 2023 Budget Appropriation for the Stormwater Management Fund (requires 2/3 vote):
a. Increase the Trash Capture Device Installation Project (SD-22002) budget appropriation by $161,837.
b. Increase the Trash Capture Device Installation Project (SD-22002) revenue from the State of California by $161,836.

BACKGROUND
The City of Palo Alto is required by the State Water Resources Control Board (State Water Board) to address trash generated in its right of way. The agency’s State Stormwater Permit issued by the State Water Board allows Caltrans to partner with local municipalities by providing funding for regional water quality treatment facilities in significant trash generating areas (as identified in the Caltrans Statewide Trash Implementation Plan). Caltrans receives trash reduction compliance credits for contributions to regional projects. The City is also Item 4
Item 4 Staff Report
Item 4: Staff Report Pg. 1 Packet Pg. 34 of 911
required to comply with the Municipal Regional Stormwater NPDES Permit (MRP) in the San Francisco Bay Area (Order R2-2015-0049). The MRP outlines various requirements for protecting the City’s storm drain system and local receiving waters from pollutants commonly found in urban stormwater runoff, including trash and other priority pollutants like PCBs and mercury. The MRP requires the 76 Permittees (including the City) to meet the goal of 100 percent trash load reduction, or no adverse impact to receiving waters from trash, by July 1, 2025.

California Department of Transportation’s (Caltrans) National Pollutant Discharge Elimination System (NPDES) permit allows and encourages Caltrans to partner with municipalities by providing funding for stormwater quality treatment facilities that address trash or other pollutants. Palo Alto has been selected to receive such funding, and consequently, both agencies will receive compliance credit to meet permit requirements. Caltrans requires that all projects selected to be funded enter into a Cooperative Implementation Agreement (CIA), and Council approved the CIA for the project on June 14, 2021.1 In the CIA, Caltrans agreed to reimburse the City up to $613,000 for the design and construction of a trash capture device (TCD) to be installed on Embarcadero Road in front of the Baylands Golf Links To implement the agreement with Caltrans, Trash Capture Device project SD-22002 was created to install a debris or trash separating device into the existing storm drain system near the Baylands Golf Course. This device is designed to treat an estimated 190 acres of land in the City of Palo Alto’s right of way and an additional 20 acres in the Caltrans right of way. Since the project treats a portion of Caltrans land, state funding has been granted for the full cost of the project. The device’s design and the analysis of the project have been performed by Schaaf and Wheeler through contract C221848962. This project represents a 5% reduction in trash flows into the San Francisco Bay from the City’s jurisdiction and is a part of the Stormwater Compliance group’s plan to reduce all trash discharges by 100% by the year 2025.

Implementation of the device will require digging, trenching and shoring in the grass area adjacent to the Baylands Golf Course, followed by attaching the system to the existing 36-inch storm drain system running through the area. Lastly, the area will be backfilled and the existing surface restored. The device will require yearly maintenance and cleanouts to be performed by the Public Works Operations group.

ANALYSIS
Project Description
1 City Council, June 14, 2021; Agenda Item #4 Staff Report 12267 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reportscmrs/year-archive/2021/id-12267.pdf 2 City Council, August 15, 2022: Agenda Item #4 Staff Report 14423 https://portal.laserfiche.com/Portal/DocView.aspx?id=59300&repo=r-704298fc Item 4
Item 4 Staff Report
Item 4: Staff Report Pg. 2 Packet Pg. 35 of 911
Staff recommends approval of Contract No. C231878773
to furnish and install the new trash
capture device, which will be maintained by the City of Palo Alto. The contract scope of work includes the trenching and shoring of a suitable installation location, furnishing, delivery and installation of a new trash capture device as detailed in the project’s plans and specifications, integration of the device into the existing storm water system, installation of a secondary slide gate system for future maintenance ease, and restoration of the trenched area including relocating or repairing any disturbed or damaged utilities. The nearby pathway will not be within the limits of work and will not need closure or maintenance due to the installation of this device. The proposed location of the device is shown in Attachment A.

Bid Process
On May 4, 2023, an invitation for bids (IFB) for the Embarcadero Trash Capture Device Project was posted on the City’s Planet Bids eProcurement system. The bidding period was 27 calendar days. The City received 6 bids from qualified contractors as listed on the attached Bid Summary (Attachment C).

Bid Name/Number Trash Capture Device IFB # 187877
Proposed Length of Project 90 calendar days
# of Bid Packages Downloaded
by Builder’s Exchanges 2
Number of Bid Packages
Downloaded by Contractors 19
Total Days to Respond to Bid 27
Pre-Bid Meeting? No
Number of Bids Received 6
Bid Price Range $410,604 - $798,869
Public Link to Solicitation https://pbsystem.planetbids.com/portal/25569/bo/bodetail/104313 Bids ranged from $410,604 to $798,869 and from 17% below to 61% above the engineer’s estimate of $495,900. Staff has reviewed the bids submitted and recommends the base bid in the amount of $410,604 submitted by Casey Construction, Inc., be accepted, and that Casey Construction, Inc. be declared the lowest responsible bidder. The construction contingency amount of $41,060, which equals 10 percent of the contract value, is requested for related, additional, but unforeseen work which may arise during the project, implemented via City-approved change orders.

Staff reviewed information and similar projects performed by the lowest bidder, Casey 3 Contract No. C23187877 Casey Construction, Inc.
https://www.cityofpaloalto.org/files/assets/public/public-works/engineering-services/cip-contracts/c23187877- casey-construction-trash-capture-device.pdf
Item 4
Item 4 Staff Report
Item 4: Staff Report Pg. 3 Packet Pg. 36 of 911
Construction, Inc. and found them to be the lowest responsive and responsible bidder. Staff also checked with the Contractor's State License Board and confirmed the contractor has an active license on file.

Caltrans has agreed to pay for all project costs above the original estimate of $613,000 agreed upon in the original CIA. The total project cost for design, construction and staff time is $774,837. The additional funding of $161,837 is included in the attached amended CIA (Attachment C). Following construction, the City will accept responsibility for the operations and maintenance of the device.

FISCAL/RESOURCE IMPACT
The recommendation in this memorandum to increase the Fiscal Year 2023 budget appropriation for the Trash Capture Device Project (SD-22002) by $161,837 includes funding for the construction contract, administrative project costs, and salary and benefits needed to complete the project. Caltrans has agreed to fund all additional costs in excess of the original funding of $613,000, including the additional construction costs and City staff salary and benefits to manage the project, as detailed in the amended cooperative implementation agreement (CIA) D43CIASCL0001.

This project is anticipated to impact operating expenses in the future. Future maintenance for the device will be performed by Public Works Public Services and will cost an estimated $8,500 annually.

STAKEHOLDER ENGAGEMENT
The project has been coordinated with the Baylands Golf Course to allow for partial use of the parking area for construction work and staging. The construction should not impact the Golf Course’s typical daily operations or use.

ENVIRONMENTAL REVIEW
This project is exempt from CEQA per CEQA Guidelines §15303 (Class 3 - New Construction or Conversion of Small Structures). The project qualifies for an exemption under Class 3 because the project would involve construction of new small structures on-site. The project would include installation of a DSSB trash capture device and associated accessories within an existing storm drain system.

ATTACHMENTS
Attachment A: Project Map
Attachment B: Bid Summary
Attachment C: Amendment No. 1 Cooperative Implementation Agreement APPROVED BY:

Brad Eggleston, Director Public Works/City Engineer
Item 4
Item 4 Staff Report
Item 4: Staff Report Pg. 4 Packet Pg. 37 of 911
ATTACHMENT A: PROJECT MAP
Figure 1. TCD Location and Drainage Area
Item 4
Attachment A - Project
Map
Item 4: Staff Report Pg. 5 Packet Pg. 38 of 911
Attachment B: Bid Summary

UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST 1 Base Bid: Provide all labor, equipment,
materials, transportation, and applicable
taxes, insurance, bonds and other ocerhead
to perform the work in accordance with the
project plans and technical specifications.
1 LS $ 495,900.00 $ 495,900.00 $ 410,604.00 $ 410,604.00 $ 599,000.00 $ 599,000.00 $ 655,450.00 $ 655,450.00 $ 495,900.00 $ 410,604.00 $ 599,000.00 $ 655,450.00
$ (85,296.00) $ 103,100.00 $ 159,550.00
-17% 21% 32%

UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST 1 Base Bid: Provide all labor, equipment,
materials, transportation, and applicable
taxes, insurance, bonds and other ocerhead
to perform the work in accordance with the
project plans and technical specifications.
1 LS $ 495,900.00 $ 495,900.00 $ 675,800.00 $ 675,800.00 $ 707,000.00 $ 707,000.00 $ 798,869.00 $ 798,869.00 $ 495,900.00 $ 675,800.00 $ 707,000.00 $ 798,869.00
$ 179,900.00 $ 211,100.00 $ 302,969.00
36% 43% 61%
Base Bid Total (Item 001 through 001)

VALUE OVER/UNDER ENG EST
% OVER/UNDER ENG EST
GSW Corporation Paulson Cox Construction Inc Golden Bay Construction, Inc.

BID ITEM BASE - DESCRIPTION APPROX. QTY UNIT
Engineer's Estimate
BID ITEM BASE - DESCRIPTION APPROX. QTY UNIT
Engineer's Estimate Casey Construction
% OVER/UNDER ENG EST
Terocons Inc. Brannon Corporation
Base Bid Total (Item 001 through 001)

VALUE OVER/UNDER ENG EST
Item 4
Attachment B - Bid Summary
Item 4: Staff Report Pg. 6 Packet Pg. 39 of 911
City of Palo Alto
CIA No. D43CIASCL0001
Amendment No. 1

Page 1 of 5 ends

COOPERATIVE IMPLEMENTATION AGREEMENT
AMENDMENT No. 1
This AMENDMENT No. 1 entered into on is between the State of California acting by and through its Department of Transportation, referred to as CALTRANS and the City of Palo Alto, referred to as “AGENCY” and together referred to as PARTIES.

RECITALS

1. CALTRANS and AGENCY entered into Cooperative Implementation Agreement No.

D43CIASCL0001 (AGREEMENT) on June 15, 2021, defining the terms, covenants and conditions to implement the City of Palo Alto Embarcadero Trash Capture Device Project (PROJECT), within the regional area under the jurisdiction of AGENCY to comply with the TMDL referred to herein as PROJECT.

2. Due to a shortage in the level of AGENCY staffing and cost increases to market labor rates and supplies and materials caused the AGENCY to revise its PROJECT budget and schedule. Attachment I of this Amendment No. 1 documents the revisions to the budget and schedule, to which CALTRANS has agreed. AGENCY has agreed to implement PROJECT in accordance with Attachment II of the CIA and Attachment 1 of this Amendment.

IT IS MUTUALLY AGREED:

1. The PARTIES hereby replace the PROJECT’S original budget and schedule described in Attachment II of the AGREEMENT with Attachment II of this Amendment.

2. Any reference to ATTACHMENT I in the AGREEMENT is deemed to be a reference to the revised PROJECT’S revised budget and scope.

3. All other terms and conditions of said amended AGREEMENT shall remain in full force and effect.

4. AMENDMENT No. 1 with its attachment(s) is hereby deemed to a part of the AGREEMENT.

ATTACHMENT
The following attachment is incorporated into and is made a part of this AGREEMENT AMENDMENT No. 1 by this reference and attachment:

ATTACHMENT I for Amendment No. 1 to AGREEMENT
DocuSign Envelope ID: ED0A2A73-1C0F-476F-B04B-1EED0C3ACDF4 5/30/2023
Item 4
Attachment C -
Amendment No. 1
Cooperative
Implementation
Agreement
Item 4: Staff Report Pg. 7 Packet Pg. 40 of 911
2 SIGNATURES
Signatories may execute this Amendment No. 1 to the AGREEMENT through individual signature pages provided that each signature is an original. This Amendment No. 1 is not fully executed until all original signatures are attached. PARTIES are empowered by California Streets and Highways Code (SHC) sections 114 and 130 to enter into this AGREEMENT Amendment No. 1 and have delegated to the undersigned the authority to execute this AGREEMENT Amendment No. 1 on behalf of the respective agencies and covenant to have followed all the necessary legal requirements to validly execute this AGREEMENT Amendment No. 1.

STATE OF CALIFORNIA CITY OF PALO ALTO DEPARTMENT OF TRANSPORTATION Signature: Signature:

Print Name: KEN JOHANSSON Print Name: ED SHIKADA
Title: Stormwater Coordinator Title: City Manager
Date: Date:

Signature:

Print Name: SHAILA CHOWDHURY
Title: Assistant Chief, Division of
Environmental Analysis
Date:

Signature:

Print Name: JEREMY KETCHUM
Title: Chief, Division of
Environmental Analysis
Date:

DocuSign Envelope ID: ED0A2A73-1C0F-476F-B04B-1EED0C3ACDF4 5/30/2023
06/05/2023 06/05/2023
Item 4
Attachment C -
Amendment No. 1
Cooperative
Implementation
Agreement
Item 4: Staff Report Pg. 8 Packet Pg. 41 of 911
3 ATTACHMENT I

BUDGET AND SCHEDULE CHANGES

CITY OF PALO ALTO EMBARCADERO TRASH CAPTURE DEVICE PROJECT Introduction
The scope of the City of Palo Alto (City) Embarcadero Trash Capture Device Project (Project) has not changed. The following describes changes to the original project schedule and budget presented in Attachment I of CIA D43CIASCL0001 (Agreement).

Project Schedule
The project site is located in front of the City’s Baylands Golf Links (1875 Embarcadero Road, Palo Alto, CA 94303) at the end of Embarcadero Road east of Highway 101. The project will consist of installing a Contech Debris Separating Baffle Box (DSBB) within the existing City storm drain pipeline located at the golf course along Embarcadero Road. The DSBB device is selected per the requirements of the Santa Clara County Hydrology and Hydraulics manual and meets trash reduction requiremnts of Regional Water Quality Control Board. The storm system drains portions of the City of Palo Alto and Caltrans ROW, specifically Highway 101, and discharges to the San Francisco Bay.

To date, the project design has been completed, and the City has entered into a contract with the construction contractor. Attachment II of the CIA stated that Project construction and as-builts would be completed by end of October 2022. Due to delays, the construction period is expected to commence July 5, 2023 and be completed by December 4, 2023. The project schedule in Table 1 provides project timeline, from design through construction (Table 1).

DocuSign Envelope ID: ED0A2A73-1C0F-476F-B04B-1EED0C3ACDF4 Item 4
Attachment C -
Amendment No. 1
Cooperative
Implementation
Agreement
Item 4: Staff Report Pg. 9 Packet Pg. 42 of 911
4 Table 1. Embarcadero Trash Capture Device Project
Amended Schedule
DocuSign Envelope ID: ED0A2A73-1C0F-476F-B04B-1EED0C3ACDF4 Item 4
Attachment C - Amendment No. 1
Cooperative Implementation
Agreement
Item 4: Staff Report Pg. 10 Packet Pg. 43 of 911
5 Project Budget
Attachment II of the CIA estimated the Project budget to be $613,000. The City has invoiced for this amount per CIA requirements. Due to increases in market costs to labor, equipment and supplies and also adding City staff costs (which is allowed per the CIA) to the Project budget, the total Project budget has increased to $774,837.35. Because Caltrans has already reimbursed the City for the original CIA agreed-upon budget of $613,000, this Amendment I to the Agreement allows for additional reimbursement to the City of $161,837.35. Tables 2 and 3 provide an overview of the amended budget and a breakdown of the included City staff time.

Table 2. Embarcadero Trash Capture Device Project
Amended Budget
Line Item Cost
Consultant Support (inspections, encroachment
permit, misc. support)
$ 230,578.00
Construction Contractor $ 410,604.00
Contractor Contingency (for consultant and
construction)
$ 64,118.20
Outreach $ 2,500.00
City Staff Time $ 67,037.15
Total (Amended) $ 774,837.35
CalTrans Reimbursement (based on original
CIA)
$ 613,000.00
Addition Reimbursement Requested by City of
Palo Alto
$ 161,837.35
Table 3. Embarcadero Trash Capture Device Project
City Staff Budget Breakdown
Staff Title
Estimated
Hours Hourly Rate Cost
Senior Engineer 162 140 $22,603.60
Engineer 360 $102.09 $36,753.92
Stormwater Compliance
Manager 25 $117.30 $2,932.51
Associate Engineer
(Stormwater Compliance
support) 50 $94.94 $4,747.12
Total $67,037.15
DocuSign Envelope ID: ED0A2A73-1C0F-476F-B04B-1EED0C3ACDF4 Item 4
Attachment C -
Amendment No. 1
Cooperative
Implementation
Agreement
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Caltrans_CIA_Palo_Alto_Amendment_WITH
DOCUSIGN_052423
Final Audit Report 2023-06-02
Created: 2023-06-02
By: Ken Johansson ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAa3eqDRhAx09Hpyg3hLLBzmMcBKryA96D "Caltrans_CIA_Palo_Alto_Amendment_WITH DOCUSIGN_0524
23" History
Document digitally presigned by DocuSign\, Inc. ([email protected]) 2023-05-31 - 11:57:44 PM GMT
Document created by Ken Johansson ([email protected])
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Document emailed to Ken Johansson ([email protected]) for signature 2023-06-02 - 9:53:34 PM GMT
Email viewed by Ken Johansson ([email protected]) 2023-06-02 - 9:54:03 PM GMT
Document e-signed by Ken Johansson ([email protected]) Signature Date: 2023-06-02 - 9:54:14 PM GMT - Time Source: server Agreement completed.
2023-06-02 - 9:54:14 PM GMT
Item 4
Attachment C -
Amendment No. 1
Cooperative
Implementation
Agreement
Item 4: Staff Report Pg. 12 Packet Pg. 45 of 911
Palo Alto CIA - Amendment 1
Final Audit Report 2023-06-05
Created: 2023-06-02
By: Ken Johansson ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAf7ZZVrQR-HYHwNbd7pzkbxlHJE5tWCPm "Palo Alto CIA - Amendment 1" History
Document digitally presigned by DocuSign\, Inc. ([email protected]) 2023-05-31 - 11:57:44 PM GMT
Document created by Ken Johansson ([email protected])
2023-06-02 - 10:03:07 PM GMT
Document emailed to Shaila Chowdhury ([email protected]) for signature 2023-06-02 - 10:05:42 PM GMT
Email viewed by Shaila Chowdhury ([email protected]) 2023-06-02 - 10:13:29 PM GMT
Document e-signed by Shaila Chowdhury ([email protected]) Signature Date: 2023-06-05 - 6:23:37 PM GMT - Time Source: server Document emailed to Mike Bartlett ([email protected]) for signature 2023-06-05 - 6:23:38 PM GMT
Email viewed by Mike Bartlett ([email protected]) 2023-06-05 - 7:00:28 PM GMT
Document e-signed by Mike Bartlett ([email protected]) Signature Date: 2023-06-05 - 7:00:42 PM GMT - Time Source: server Agreement completed.
2023-06-05 - 7:00:42 PM GMT
Item 4
Attachment C -
Amendment No. 1
Cooperative
Implementation
Agreement
Item 4: Staff Report Pg. 13 Packet Pg. 46 of 911
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: June 19, 2023
Staff Report:2304-1331
TITLE
Utilities Advisory Commission Recommends Adoption of the 2023 Annual Water Shortage Assessment Report

RECOMMENDATION
The Utilities Advisory Commission (UAC) and staff recommend the City Council adopt the 2023 Annual Water Shortage Assessment Report.

EXECUTIVE SUMMARY
Beginning in 2022, every urban water supplier in California must conduct an Annual Water Supply and Demand Assessment as required by California Water Code Section 10632 (a). Each urban water supplier must also submit an Annual Water Shortage Assessment Report to the Department of Water Resources (DWR) on or before July 1, as required by California Water Code Section 10632.1. The City’s Annual Water Shortage Assessment Report (Attachment A, Tables 1- 5) shows that there is no water shortage anticipated for Fiscal Year 2024.

On April 17, 2023, the San Francisco Public Utilities Commission (SFPUC), Palo Alto’s water supplier, provided Palo Alto with the Water Supply Availability Update indicating for this upcoming water year, to-date precipitation has been above average and snowpack is at recordbreaking levels; additionally, SFPUC indicated its 11% regional voluntary reduction request will expire at the same time the State Board’s drought emergency regulation expires on June 10th, 2023 (unless the State Board rescinds the drought emergency regulation earlier).

Palo Alto’s water use for the period July 1, 2022 through March 31, 2023 was 13% below the base year of July 1, 2019 through March 31, 2020. The City of Palo Alto encourages continued water conservation efforts and the City’s website contains more information about available water Item 5
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conservation programs1 and latest water conservation and drought updates. 2 DISCUSSION
To prepare the 2023 Annual Water Shortage Assessment Report, staff followed the procedures outlined in its Water Shortage Contingency Plan, contained in Section 7 of the City’s 2020 Urban Water Management Plan (UWMP). Palo Alto’s 2023 Annual Water Shortage Assessment Report uses the DWR-developed Optional Annual Assessment Tool format. This format includes the 5 tables shown in Attachment A. Staff will submit the standard tables to DWR by July 1, 2023. “Table 1. Annual Assessment Information” (Table 1) provides required overview information. The remaining tables project water supply and demand for FY 2024 under dry conditions, as required, and finds that there is no projected water shortage.

After Palo Alto and other urban water suppliers report to DWR on the 2023 Annual Water Shortage Assessment Reports, DWR will prepare a summary report on its review of the Annual Water Supply and Demand Assessment results and provide it to the State Water Resources Control Board (State Board) by September 30. The DWR report will include water shortage information at the supplier level, as well as regional and statewide analysis of water conditions as required by California Water Code Section 10644 (c)(1)(B).

Potable Water
Palo Alto receives 100% of its potable water supply from the SFPUC Regional Water System and staff used the SFPUC's April 17, 2023 Water Supply Availability Update to determine water supply. Attachment A shows the following potable water tables:
• “Table 2: Water Demands” (Table 2) provides a demand projection for each month of FY 2024;
• “Table 3: Water Supplies” (Table 3) notes that there is sufficient supply to meet Palo Alto’s demand and projects supply equal to the demand projection since there is no projected water shortage;
• “Table 4(P): Potable Water Shortage Assessment” (Table 4(P)) compares projected FY 2024 demand with supply and illustrates that there is no shortage projected for FY 2024; • “Table 5: Planned Water Shortage Response Actions” (Table 5) shows no triggered water shortage actions.

On March 24, 2023, Governor Newsom issued Executive Order (N-5-23) which eliminated his directive that agencies implement Stage II of their water shortage contingency plans as well as lessened the drought emergency restrictions presented in his previous Executive Order (N-7-22), while not eliminating all actions completely. On April 11, 2023, the SFPUC approved the 1 Water Conservation Programs https://www.cityofpaloalto.org/Departments/Utilities/Sustainability/Ways-toSave 2 Water Conservation and Drought Updates
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rescindment of the Water Shortage Emergency that was declared on November 23, 2021. This action removes the voluntary system wide cutback of 11% (Resolution No. 22-0098) effective when the State Board’s order expires on June 10, 2023 (unless the State Board takes an earlier action). The City of Palo Alto’s temporary drought water use restrictions expire at the same time as SFPUC’s voluntary water use restriction and the State Board’s drought emergency regulations. 3 Palo Alto’s eight permanent water use regulations will remain in effect (see Palo Alto Municipal Code Section 12.32.010). Staff will continue to monitor drought actions and requirements at the SFPUC and State level and provide updates to the UAC and to the public through the City’s website described above.

Non-Potable Water
For non-potable recycled water, Attachment A shows non-potable water in Tables 2, 3, and 4(NP). Table 2 provides the demand projection and Table 3 notes that there is sufficient supply to meet Palo Alto’s non-potable recycled water demand. For that reason, the supply is set to equal demand and there is no shortage of non-potable water projected in Table 4(NP), “Non Potable Water Shortage Assessment”.

FISCAL/RESOURCE IMPACT
Adoption of the 2023 Annual Water Shortage Assessment Report does not have an associated resource impact.

STAKEHOLDER ENGAGEMENT
Staff encourages interested parties to comment or provide feedback on the draft Annual Water Shortage Assessment Report at the Council meeting where the report will be considered for approval, or to submit written comments prior to those meetings.

COMMISSION REVIEW
The 2023 Annual Water Shortage Assessment Report was presented to the UAC at its June 7, 2023 meeting. The UAC voted unanimously (6-0), with Commissioner Scharff absent, to recommend Council adopt the 2023 Annual Water Shortage Assessment Report.

Commissioner Questions:
- There was a question about possible feedback or impacts from the State in response to Palo Alto’s 2023 Annual Water Shortage Assessment Report. Staff explained that the report is a requirement for Palo Alto to qualify for state loans and grants. - There was a question about future droughts and whether water savings were in line with expected savings and whether staff would continue tracking water sales and rebound. Staff explained that water savings were in line with expectations and that Palo Alto’s Water Shortage Contingency Plan provides a guide to water shortage actions for 3 See Resolution 10054, adopted June 20, 2022: https://www.cityofpaloalto.org/files/assets/public/cityclerk/resolutions/resolutions-1909-to-present/2022/reso-10054.pdf Item 5
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each needed water conservation level; staff will continue to track water sales and rebound and will make appropriate recommendations to Council about needed water use restrictions in future droughts.

ENVIRONMENTAL REVIEW
Adoption of the 2023 Annual Water Shortage Assessment Report is exempt from California Environmental Quality Act’s (CEQA) review pursuant to Water Code Section 10652.

ATTACHMENTS:

Attachment A: 2023 Annual Water Shortage Assessment Report Tables APPROVED BY:

Dean Batchelor, Director of Utilities
Staff: Lisa Bilir, Senior Resource Planner
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Attachment A: 2023 Annual Water Shortage Assessment Report Tables Item 5
Attachment A - 2023
Annual Water Shortage
Assessment Report Tables
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Table 1. Annual Assessment Information
Annual Assessment Information (Required)
Year Covered By This Shortage Report
Start: July 1, 2023
End: June 30, 2024
Supplier's Annual Assessment Planning Cycle
Start Month: July
End Month: June
Data Reporting Interval Used: MONTHLY
Volume Unit for Reported Supply and Demand:
(Must use the same unit throughout)
AF
Water Supplier's Contact Information
Water Supplier's Name: City of Palo Alto
Contact Name: Lisa Bilir
Contact Title: Senior Resource Planner
Street Address: 250 Hamilton Avenue, Palo Alto
ZIP Code: 94301
Phone Number: (650)329-2543
Email Address: [email protected]
Report Preparer's Contact Information
(if different from above)
Preparer's Organization Name:

Preparer's Contact Name:

Phone Number:

Email Address:

Supplier's Water Shortage Contingency Plan
WSCP Title 2020 Water Shortage Contingency Plan of the City of Palo Alto WSCP Adoption Date 6/7/2021 Other Annual Assessment Related Activities
(Optional)
Activity Timeline/ Outcomes / Links / Notes
Annual Assessment/ Shortage Report Title: Optional
Annual Assessment / Shortage Report Approval Date: 6/12/2023 Other Annual Assessment Related Activities:

The 2020 Water Shortage Contingency Plan of the City of Palo Alto states that Palo Alto will utilize the BAWSCA Regional Reliability Model to evaluate water supply availability, however, the plan also permits the City to use SFPUC data since SFPUC is the City's sole supplier. Specifically, the 2020 Water Shortage Contingency Plan states: "Because Palo Alto relies on only one potable water supply source, SFPUC RWS water, the Annual Assessment will rely on key data inputs from the SFPUC." Palo Alto used the SFPUC's April 17th 2023 Water Supply Availability Update to determine water supply. (Add rows as needed)
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Shortage Assessment Report Tables
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= From prior tables
= Auto calculated
Use Type Start Year: 2023 Volumetric Unit Used
2 : AF
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Total by Water
Demand Type
All Demands 1259 1147 1103 1070 840 715 673 554 674 887 1138 1120 11182 0 0
0 0
0 0
0 0
0 1259 1147 1103 1070 840 715 673 554 674 887 1138 1120 11182 All Demands Tertiary 54 53 35 22 11 2 2 11 9 24 42 50 315 0 0
0 0
54 53 35 22 11 2 2 11 9 24 42 50 315
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total
0 0
0 0
Three years ago total demand
Four years ago total demand
Optional (for comparison purposes)
Last year's total demand
Two years ago total demand
Table 2: Water Demands
1 Projected Water Demands - Volume
3 Total by Month (Non-Potable)
1Projections are based on best available data at time of submitting the report and actual demand volumes could be different due to many factors. 2Units of measure (AF, CCF, MG) must remain consistent. 3When opting to provide other than monthly volumes (bi-monthly, quarterly, or annual), please see directions on entering data for Projected Water Demand in the Table Instructions.

Notes: Potable unconstrained customer demand determined using the end-use model described in the 2020UWMP Section 4. Non-potable unconstrained customer demand determined based on 2020UWMP projection.

Total by Month (Potable)
Additional
Description
(as needed)
Level of
Treatment
for NonPotable
Supplies
Drop-down
list
Drop-down list
May select each use multiple times
These are the only Use Types that
will be recognized by the WUEdata
online submittal tool
(Add additional rows as needed)
Demands Served by Potable Supplies
Demands Served by Non-Potable Supplies
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= From prior tables
= Auto calculated
Water Supply Start Year: 2023 Volumetric Unit Used
2 : AF
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Total by Water
Supply Type
Purchased/Imported Water
San Francisco
Public
Utilities
Commission
Regional Water
Supply
System
1259 1147 1103 1070 840 715 673 554 674 887 1138 1120 11182 0 0
0 0
0 0
0 0
0 1259 1147 1103 1070 840 715 673 554 674 887 1138 1120 11182 0 Recycled Water
Recycled Water from
the Regional Water
Quality
Control Plant
54 53 35 22 11 2 2 11 9 24 42 50 315
0 0
0 0
54 53 35 22 11 2 2 11 9 24 42 50 315 0
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total
0 Table 3: Water Supplies
1 Projected Water Supplies - Volume
3 Water
Quality
Drop-down
List
Total Right
or Safe
Yield*
(optional)
Additional
Detail on Water
Supply
Drop-down List May use each category multiple
times.These are the only water
supply categories that will be
recognized by the WUEdata
online submittal tool
(Add additional rows as needed)
Potable Supplies
Non-Potable Supplies
eAR Reported Total Water Supplies
Optional (for comparison purposes)
1Projections are based on best available data at time of submitting the report and actual supply volumes could be different due to many factors. 2Units of measure (AF, CCF, MG) must remain consistent. 3When opting to provide other than monthly volumes (bi-monthly, quarterly, or annual), please see directions on entering data for Projected Water Supplies in the Table Instructions.

Notes: Palo Alto purchases 100% of its potable water from SFPUC; Palo Alto used the SFPUC's April 17th 2023 Water Supply Availability Update to determine watersupply. Palo Alto supplies recycled water for irrigation of the municipal golf course, a park and some other minor applications. There is sufficient supply of both potable and recycled water to meet demand.

Total by Month (Potable)
Total by Month (Non-Potable)
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= Auto calculated
= For manual input
Table 4(P): Potable Water Shortage Assessment
1 Start Year: 2023 Volumetric Unit Used
2 : AF
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
3 Total
Anticipated Unconstrained Demand 1,259 1,147 1,103 1,070 840 715 673 554 674 887 1,138 1,120 11,182 Anticipated Total Water Supply 1,259 1,147 1,103 1,070 840 715 673 554 674 887 1,138 1,120 11,182 Surplus/Shortage w/o WSCP Action 0 0 0 0 0 0 0 0 0 0 0 0 0 % Surplus/Shortage w/o WSCP Action 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% State Standard Shortage Level 0 0 0 0 0 0 0 0 0 0 0 0 0 Benefit from WSCP: Supply Augmentation 0.0
Benefit from WSCP: Demand Reduction 0 0 0 0 0 0 0 0 0 0 0 0 0 Revised Surplus/Shortage with WSCP 0 0 0 0 0 0 0 0 0 0 0 0 0 % Revised Surplus/Shortage with WSCP 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% = Auto calculated
= For manual input
Table 4(NP): Non-Potable Water Shortage Assessment
1 Start Year: 2023 Volumetric Unit Used
2 : AF
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
3 Total
Anticipated Unconstrained Demand: Non-Potable 54 53 35 22 11 2 2 11 9 24 42 50 315 Anticipated Total Water Supply: Non-Potable 54 53 35 22 11 2 2 11 9 24 42 50 315 Surplus/Shortage w/o WSCP Action: Non-Potable 0 0 0 0 0 0 0 0 0 0 0 0 0 % Surplus/Shortage w/o WSCP Action: Non-Potable 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Benefit from WSCP: Supply Augmentation 0.0
Benefit from WSCP: Demand Reduction 0.0
Revised Surplus/Shortage with WSCP 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 % Revised Surplus/Shortage with WSCP 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% = From prior tables
Planned WSCP Actions
1Assessments are based on best available data at time of submitting the report and actual volumes could be different due to many factors. 2Units of measure (AF, CCF, MG) must remain consistent. 3When optional monthly volumes aren't provided, verify Tables 2 and 3 use the same columns for data entry and are reflected properly in Table 4 and make sure to use those same columns to enter the benefits from Planned WSCP Actions. Please see directions on the shortage balancing exercise in the Table Instructions. If a shortage is projected, the supplier is highly recommended to perform a monthly analysis to more accurately identify the time of shortage. = From prior tables
Planned WSCP Actions
1Assessments are based on best available data at time of submitting the report and actual volumes could be different due to many factors. 2Units of measure (AF, CCF, MG) must remain consistent. 3When optional monthly volumes aren't provided, verify Tables 2 and 3 use the same columns for data entry and are reflected properly in Table 4 and make sure to use those same columns to enter the benefits from Planned WSCP Actions. Please see directions on the shortage balancing exercise in the Table Instructions. If a shortage is projected, the supplier is highly recommended to perform a monthly analysis to more accurately identify the time of shortage.

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Shortage Assessment Report Tables
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July 1, 2023 to June 30, 2024
Enter Amount
(Drop-down
List)
Select % or
Volume Unit
Start Month End Month
Table 5: Planned Water Shortage Response Actions
NOTES: Palo Alto currently implements permanent water use restrictions according to the Palo Alto Municipal Code Section 12.32.010 https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-69362#JD_Chapter12.32. There is currently no water shortage projected for FY 2024 in Table 4(P).

Add additional rows as needed
How much is action going to
reduce the shortage gap?
When is shortage response
action anticipated to be
implemented?
Is action
already being
implemented?
(Y/N)
ACTIONS: Demand Reduction, Supply
Augmentation, and Other Actions.
(Drop-down List)
These are the only categories that will
be accepted by the WUEdata online
submittal tool. Select those that apply.

Anticipated
Shortage
Level
Drop-down List of
State Standard
Levels (1 - 6) and
Level 0 (No
Shortage)
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Administrative Services
Meeting Date: June 19, 2023
Report #:2303-1115
TITLE
Grant of Easements to City of Mountain View for the City of Mountain View’s Phase 2 San Antonio Area Sewer Main Improvements Project. CEQA Status – Exempt Under CEQA Guidelines Section 15378(b)(5).

RECOMMENDATION
Staff recommends that Council:

1. Authorize the City Manager or their designee to execute the attached Grant of Easement and Agreement to City of Mountain View (Attachment A); and

2. Authorize the City Manager or their designee to execute the attached Temporary Construction Easement (Attachment B).

EXECUTIVE SUMMARY
The San Antonio Area Sewer Main Improvements Project (Project) will address operation and capacity issues for the City of Mountain View’s sanitary sewer collection system in the San Antonio service area and replace a sewer meter, also known as the Alma Recorder. The San Antonio service area is located along the western border of the City of Mountain View. The Mountain View system also collects sewage from a small area of the City of Palo Alto at Silva Avenue and Silva Court. As part of this Project, the City of Mountain View will construct a new sanitary sewer pipeline on San Antonio Avenue that encroaches onto City of Palo Alto owned Assessor Parcel Number 147-09-051 located between San Antonio Avenue and San Antonio Road (Attachment C). To support the project, the City of Palo Alto will execute a Grant of Easement and a Temporary Construction Easement to the City of Mountain View.

BACKGROUND
The City of Mountain View owns and operates the wastewater collection system within its boundaries. The majority of wastewater generated within the City of Mountain View is collected and conveyed to the Shoreline Pump Station in the City of Mountain View’s Shoreline Regional Item 6
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Park, which is then pumped to a trunk sewer conveying to the Palo Alto Regional Water Quality Control Plant (RWQCP). However, two areas on the western border of the City of Mountain View have topography such that wastewater does not flow to the Shoreline Pump Station.

In these areas, wastewater is collected and conveyed to the Los Altos Trunk Sewer for conveyance to the Palo Alto RWQCP. The San Antonio service area as shown below is the larger of the two areas. Wastewater flows are collected from the San Antonio service area and a small service area from the City of Palo Alto before being conveyed through the Alma Recorder to calculate wastewater flows. The sewage then flows to the Los Altos Trunk Sewer at the intersection of Alma Street and San Antonio Avenue in the City of Palo Alto.

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To plan for the existing and projected future developments in the San Antonio service area, the City of Mountain View completed a study in 2017 to evaluate improvement options for the sewer collection system. The project identified areas of pipeline capacity deficiencies, and existing operation and capacity issues at the Alma Recorder. Based on the study findings, City of Mountain View developed a design plan to replace the existing Alma Recorder and to construct a new pipeline on San Antonio Avenue in order to relocate the existing Los Altos Trunk Sewer Item 6
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connection point to a lower elevation. This new pipeline and connection point will resolve a backwater issue currently experienced at the Alma Recorder that makes the sewer flow readings problematic. This new pipeline will not directly connect to the City of Palo Alto’s sanitary sewer system.

Due to existing utility conflicts along San Antonio Avenue, the new pipeline alignment will be located along the south edge of San Antonio Avenue. The alignment will encroach onto a City of Palo Alto’s Assessor Parcel Number 147-09-051 located adjacent to the traffic ramp from Alma Street to San Antonio Road. The City of Palo Alto acquired the 28,089 square foot parcel in 2011 via an exchange agreement as part of the Mayfield Mall redevelopment project (CMR 12681). The parcel is currently a landscaped island between roadways, and the site will be restored after project construction. For the project to complete design and before construction proceeds, the City of Mountain View requested the City of Palo Alto to grant a temporary construction easement and a permanent easement for the new pipeline. 1 01/18/2011 City Council, Approval of an Agreement and Quit Claim Deed https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reportscmrs/year-archive/2011/1268.pdf Item 6
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ANALYSIS
For the construction of the San Antonio Area Sewer Main Improvements project to proceed, a permanent sewer easement and a temporary construction easement will need to be granted by the City of Palo Alto to the City of Mountain View. The City will be granting the following easement rights for the Project:
• A 20’ wide non-exclusive permanent easement, containing approximately 5,203 square feet, parallel to San Antonio Avenue from the City of Palo Alto owned parcel APN 147-09- 051, for the new sanitary sewer pipeline as a part of the San Antonio Area Sewer Mains Improvements Project.
• A 30’ wide temporary construction easement to the east of and parallel to the permanent easement for the pipeline, from the City of Palo Alto owned parcel APN 147-09-051. This temporary easement is approximately 7,129 square feet and will be used for construction and staging for the Project. The term will commence upon notification to proceed and terminate within 200 days and not exceed June 30, 2025.

Granting the easement rights to City of Mountain View to support the San Antonio Area Sewer Main Improvements project is consistent with policies and programs in the Comprehensive Plan to promote public safety and infrastructure investments, to develop a safer regional area, and to work in cooperation with neighborhood cities to solve regional issues that impact many residents and communities.

Once the City of Palo Alto grants the easements to the City of Mountain View, the City of Mountain View will finalize the construction documents and advertise the project for bidding. The contractor for the project will apply for the City of Palo Alto Street Work Permit and Encroachment Permit and secure both before the start of construction. Construction is scheduled to commence in September 2023 and is anticipated to require approximately four to six months.

FISCAL/RESOURCE IMPACT
The City of Palo Alto’s Easement Document Preparation and Processing fee of $1,504 each as set forth in the Municipal Fee Schedule will be paid by the City of Mountain View. As noted in CMR 12682, the market value of the land was estimated at $25,000 or $0.89 per square foot, suggesting that the value of the easements would likely be minimal. Assuming that the value of the permanent easement is no more than 50% of the fee simple land value ($0.89 per square foot x 5,203 square feet x 50% = $2,315) and the temporary construction easement is no more than 10% of the fee simple land value, per year ($0.89 per square foot x 7,129 square feet x 10% x 200 days / 365 days = $348), the total value of the easements would be valued at less than 2 01/18/2011 City Council, Approval of an Agreement and Quit Claim Deed https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reportscmrs/year-archive/2011/1268.pdf Item 6
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$2,663. Therefore, the City of Palo Alto plans to issue the two easements with no fee to the City of Mountain View.

STAKEHOLDER ENGAGEMENT
The City of Mountain View has provided the project design plans for review to the City of Palo Alto Utilities and Public Works Engineering, the City of Los Altos, and the County of Santa Clara. The proposed sewer line crosses underneath Palo Alto’s existing storm drain line, as part of the Street Work Permit the contractor will need to protect the storm drain line and may need to CCTV the line prior to and post construction to verify the line was not damaged by the project. During the project design, City of Mountain View staff contacted utility companies and checked that the proposed sewer line do not have conflicts with the existing utility pipes.

Over the past few years, City staff have been meeting and working with the staff of the City of Mountain View to coordinate the project, and to develop and review the plats, legal descriptions, and real estate rights that will be included in the easements to be granted to facilitate the Project.

To support regional collaboration and to consider the proposed project will benefit the City of Palo Alto by continuing to provide reliable sanitary sewer collection for the City of Mountain View’s San Antonio service area and a small portion of the City of Palo Alto. The agencies have addressed public inquiries as they have been received. The City of Mountain View plans to provide community notification on the construction work and has offered to work with the City of Palo Alto if other outreach is needed.

ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because the conveyance of a sewer easement is an administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5).

On January 26, 2021, the City of Mountain View filed a notice of exemption for the project with the Santa Clara County Recorder. The project is the Phase 2 San Antonio Area Sewer Main Improvements, statutorily exempt from CEQA under Public Resources Code section 21080.21; CEQA Guidelines section 15282(k) (pertaining to construction or installation of pipelines that do not exceed one mile in length).

ATTACHMENTS
Attachment A: Grant of Easement and Agreement
Attachment B: Temporary Construction Easement
Attachment C: San Antonio Area Sewer Main Improvements Drawings APPROVED BY:

Kiely Nose, Assistant City Manager
Lead Staff: Sunny Tong, Real Property Manager
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Page 1 of 10 ends

Recording requested by
and when recorded mail to:

City of Palo Alto
Real Estate Division
PO Box 10250
Palo Alto, CA 94303
With a copy to:

City of Mountain View
Real Property
500 Castro St P.O Box 7540
Mountain View, CA 94309
No recording fee pursuant to Government Code §6103

GRANT OF EASEMENT AND AGREEMENT
THIS GRANT OF EASEMENT AND AGREEMENT, is made as of ______________ by and between CITY OF PALO ALTO, a chartered city and municipal corporation of the state of California, hereinafter referred to as “Grantor”, and CITY OF MOUNTAIN VIEW, a California Charter City and municipal corporation, hereinafter referred to as “Grantee”.

RECITALS
A. Grantor is the owner of that certain real property commonly known as Assessor Parcel Number 147-09-051, located on San Antonio Road, Palo Alto, CA, as more particularly described in Attachment 1 (entitled “Property Legal Description”), attached hereto and incorporated herein, (the “Property”).

B. Grantee desires to acquire an easement to construct and maintain sewer pipelines and appurtenances in, under, and across a portion of the Property to connect from Grantee’s Alma Recorder to the City of Los Altos Trunk Sewer as part of the San Antonio Area Sewer Improvements, Project 19-45.

NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows:

1. Grantor hereby grants to Grantee a nonexclusive easement (“Easement”) under the Property as described in Exhibit A (entitled “Easement Legal Description”) and depicted on Exhibit B (entitled “Easement Plat to Accompany Legal Description”), attached hereto and incorporated herein, (“Easement Area”) for so long as the Easement Area is used exclusively for the purposes of laying, installing, constructing, reconstructing, removing, replacing, maintaining, repairing, operating, inspecting, and using an underground sewer pipeline together with all necessary appurtenances thereof. Grantor expressly reserves for itself, its successors and its Item 6
Attachment A - Grant of
Easement and Agreement
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Page 2 of 10 ends

assigns, the right to use the Easement Area or to grant other easements or licenses at the same location so long as such uses do not unreasonably interfere with the rights herein granted.

2. Grantee shall maintain the Easement Area together with any improvements constructed or installed thereon by Grantee or associated with Grantee’s use of the Easement Area. The operation and maintenance of such improvements and of the Easement Area shall be at Grantee’s sole cost and expense. Following completion of the construction of the underground sewer pipeline and appurtenances—and excluding emergency work, inspection, maintenance, and repairs—Grantee will provide a minimum of fifteen (15) days’ notice to Grantor before commencing any minor maintenance or repair of the underground sewer pipeline or appurtenances, and Grantee will provide a minimum of ninety (90) days’ prior written notice to Grantor before commencing any major reconstruction of the underground sewer pipeline or appurtenances. Notwithstanding the foregoing, any failure of Grantee to provide such notice shall not constitute a breach of this Easement Agreement.

3. This Easement is subject to all liens, encumbrances, covenants, conditions, restrictions, reservations, contracts, leases and licenses, easements, and rights of way pertaining to the Property, whether or not of record. The use of the word “grant” shall not imply any warranty on the part of the Grantor with respect to the Easement or the Easement Area.

4. Grantee shall comply with all applicable laws, ordinances and regulations, including but not limited to all applicable regulatory, environmental and safety requirements at Grantee’s sole cost and expense.

5. Grantee shall not use, deposit or permit the use or deposit of any hazardous material or toxic waste or other harmful substances in, on, under or above the Property or any other real property of Grantor adjacent to the Easement Area.

6. Grantor may relocate the Easement if in the opinion of Grantor it unreasonably interferes with the present or future use by Grantor of the Property. The first such relocation shall be at Grantee’s sole cost and expense with any subsequent relocation at Grantor’s expense; provided, however, that Grantor shall provide to Grantee a substitute Easement Area reasonably suited to Grantee’s needs.

7. Grantee shall not materially interfere with the use by and operation and activities of Grantor on its property, and Grantee shall use such routes and follow such procedures on Grantor’s property as result in the least damage and inconvenience to Grantor.

8. Grantee shall be responsible for any damage to Grantor’s property or that of third parties resulting from any exercise of the rights herein granted, including but not limited to soil erosion, subsidence or damage resulting therefrom. Grantee shall promptly repair and restore to its original condition any of Grantor’s property, including, but not limited to, roads, utilities, buildings and fences that may be altered, damaged or destroyed in connection with the exercise of the Easement or use of the Easement Area.

9. This Grant of Easement is made on the express condition that Grantor is to be free from all liability by reason of injury or death to persons or injury to property from whatever cause arising out of Grantee’s, its contractors’, agents’, officers’, members’, employees’, invitees’, or licensees’ exercise of rights granted pursuant to this Easement or use of the Item 6
Attachment A - Grant of
Easement and Agreement
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Easement Area or of the improvements or personal property of Grantee thereto or thereon, including any liability for injury or death to the person or property of Grantee, its contractors, agents, officers, members, employees, invitees, or licensees or to any property under the control or custody of Grantee. Grantee hereby covenants and agrees to defend and indemnify Grantor, its officers, employees, agents, invitees and guests and save them harmless from any and all liability, loss, costs, or obligations on account of, or arising out of, any such injury or losses caused or claimed to be caused by the exercise of the Easement or use of the Easement Area by Grantee, however occurring, other than those caused solely by the willful or negligent acts or omissions of Grantor.

10. Grantor may terminate this Easement and all of the rights granted herein any time after six (6) months of continuous non-use of the Easement or the Easement Area by Grantee. In the event of such termination, the Easement shall be quitclaimed from Grantee to Grantor, without expense to Grantor, and any and all interest in the Property conveyed in this Easement shall automatically revert to Grantor or its assigns and successors, without the necessity of any further action to effect said reversion. On demand by Grantor, Grantee shall promptly remove any and all improvements it installed in, on, under or above the Easement Area. At the option of Grantor, all such improvements shall become the personal property of Grantor at no cost to Grantor.

11. Grantee alone shall pay any and all taxes, charges or use fee(s) levied by any governmental agency against Grantee’s interest in the Easement Area, or against any of Grantor’s real property as a result of the Easement herein granted. Grantee shall not cause liens of any kind to be placed against the Easement Area or any of Grantor’s real property.

12. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect except in a subsequent modification in writing, signed by the party to be charged.

13. This instrument shall bind and inure to the benefit of the respective successors and assigns of the parties hereto.

14. If any term, covenant, condition, or provision of this instrument is found invalid, void, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE(S)]
Item 6
Attachment A - Grant of
Easement and Agreement
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IN WITNESS WHEREOF, the parties hereto have executed this instrument the date first above written.

GRANTOR:

CITY OF PALO ALTO, a chartered city and municipal corporation of the State of California By ______________________________________________
Ed Shikada
City Manager
APPROVED AS TO FORM:

By ______________________________________________
Name: ___________________________________________
City Attorney or Designee
GRANTEE:

CITY OF MOUNTAIN VIEW, a California Charter City and municipal corporation By ______________________________________________
Kimbra McCarthy
City Manager
APPROVED AS TO CONTENT:

By ______________________________________________
Name:__________________________________________
Public Works Director
FINANCIAL APPROVAL:

By ______________________________________________
Name: ___________________________________________
Finance and Administrative Services Director
APPROVED AS TO FORM:

By ______________________________________________
Name: ___________________________________________
City Attorney
Item 6
Attachment A - Grant of
Easement and Agreement
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CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA, )
COUNTY OF _________________)
On _______________________ before me, ___________________________ , a notary public in and for said County and State, personally appeared ____________________________________ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s), acted, executed the instrument.

WITNESS my hand and official seal.
____________________________________ Rev. 9/29/99 (Signature of Notary Public)

WITNESS my hand and official seal.
_________________________________ Rev. 9/29/99 (Signature of Notary Public) Item 6
Attachment A - Grant of
Easement and Agreement
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ATTACHMENT 1 – PROPERTY LEGAL DESCRIPTION
Item 6
Attachment A - Grant of
Easement and Agreement
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EXHIBIT A – EASEMENT LEGAL DESCRIPTION
Item 6
Attachment A - Grant of
Easement and Agreement
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EXHIBIT B – EASEMENT PLAT TO ACCOMPANY LEGAL DESCRIPTION Item 6
Attachment A - Grant of
Easement and Agreement
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CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in portions of the parcel of land (APN: 147-09- 051) conveyed by the Grant of Easement dated the ____ day of ____________ 2021, from the CITY OF PALO ALTO (“GRANTOR”) to the CITY OF MOUNTAIN VIEW (“GRANTEE”), IS HEREBY ACCEPTED by the undersigned officer on behalf of the City of Mountain View pursuant to authority conferred by RESOLUTION NO. 13622 of the Mountain View City Council adopted on May 26, 1982 authorizing the City Manager of the City of Mountain View to accept and consent to deeds, grants, dedications, and other conveyances to the City of Mountain View pursuant to Council Policy A-10, and GRANTEE consents to recordation thereof by GRANTEE’s duly authorized officer, the City Clerk of the City of Mountain View.

Dated this the _____ day of__________________ 20___

CITY OF MOUNTAIN VIEW,
a California charter city and
municipal corporation
By:

Kimbra McCarthy, City Manager
Gov. Code 27281
///
///
Item 6
Attachment A - Grant of
Easement and Agreement
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GENERAL ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF SANTA CLARA )
On __________________________, before me, _______________________, personally appeared ________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ________________________________ (Seal)
_______________________
City of Mountain View
Government Code §40814
Item 6
Attachment A - Grant of
Easement and Agreement
Item 6: Staff Report Pg. 16 Packet Pg. 72 of 911
ALM/6/PWK
930-02-09-21AG Page 1 of 9

TEMPORARY CONSTRUCTION EASEMENT

BETWEEN THE CITY OF MOUNTAIN VIEW AND

THE CITY OF PALO ALTO TO ENTER ONTO A PORTION OF PROPERTY OF APN: 147-09-051, PALO ALTO, CALIFORNIA
This Temporary Construction Easement (“Easement”) is dated for identification this ___ day of _______________ 2023 (the “Effective Date”), and is made by and between the CITY OF MOUNTAIN VIEW, a California charter city and municipal corporation, whose address is 500 Castro Street, P.O. Box 7540, Mountain View, California, 94039-7540 (hereinafter “CITY”), and the CITY OF PALO ALTO, a California chartered municipal corporation, whose address is 250 Hamilton Avenue Palo Alto, California, 94301 (hereinafter “OWNER”), (CITY and OWNER hereinafter collectively “Parties” or individually “Party”).

RECITALS
A. WHEREAS, in association with CITY’s San Antonio Area Sewer Improvements, Project 19-45, CITY desires to construct sewer pipelines and appurtenances connected from CITY’s Alma Recorder to the City of Los Altos Trunk Sewer (“Improvements”) in, under, and across a portion of OWNER’s real property commonly known as Assessor Parcel Number (APN) 147-09-051, located on San Antonio Road, Palo Alto, CA, as more particularly described in Attachment 1 (entitled “Property Legal Description”), attached hereto and incorporated herein (“the Property”); and B. WHEREAS, CITY desires access to a portion of OWNER’s Property to conduct construction and construction activities associated with the Improvements; and C. WHEREAS, CITY anticipates that construction will require approximately four (4) to six (6) months and is scheduled to commence in September 2023.

AGREEMENT
NOW THEREFORE, in consideration of the recitals and mutual promises contained herein, CITY and OWNER agree to the Temporary Construction Easement as set forth herein in accordance with the following terms and conditions:

1. Grant of Temporary Construction Easement. OWNER hereby grants a nonexclusive Temporary Construction Easement over, on, and across an approximately seven thousand one hundred twenty-nine (7,129) square foot area (the “Easement Area”), described and shown on Exhibit A (entitled “Easement Legal Description”) and Exhibit B (entitled “Easement Plat to Accompany Legal Description”), attached hereto and made a part hereof, and grants permission to CITY and CITY’s officers, employees, contractors, Attachment B - Temporary Construction Easement
Item 6
Attachment B -
Temporary Construction
Easement
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subcontractors, and agents to enter upon the Easement Area for the sole purpose of constructing the Improvements and conducting construction activities associated with construction of the Improvements. OWNER expressly reserves for itself, its successors and its assigns, the right to use the Easement Area or to grant other easements or licenses at the same location so long as such uses do not unreasonably interfere with the rights herein granted.

2. Responsibility for Damage; Repair. CITY shall be responsible for any damage to OWNER’S property or that of third parties resulting from any exercise of the rights herein granted, including but not limited to soil erosion, subsidence or damage resulting therefrom. CITY shall promptly repair and restore to its original condition any of OWNER’S property, including but not limited to, roads, utilities, and irrigation systems that may be altered, damaged, or destroyed in connection with this Easement.

3. Scope of Work. The work to be performed is detailed in the construction plans, entitled “San Antonio Area Sewer Improvements, Project 19-45,” dated January 15, 2021, and incorporated herein by reference, which have been provided to OWNER. CITY shall not cause liens of any kind to be placed against OWNER’s Property.

4. Access, Utilities, and Conformance. CITY shall not interfere with the use by and operation and activities of OWNER and CITY shall use such routes and follow such procedures as result in the least damage and inconvenience to OWNER. CITY will maintain a safe egress and entry route for OWNER, their guests, tenants, and invitees throughout the term of this Easement. CITY will verify locations of all underground utilities and protect any such utilities from damage or destruction prior to beginning work. CITY will conform all Improvements to OWNER’s Property at the completion of construction. City shall not use, deposit, or permit the use or deposit of any hazardous material or toxic waste or other harmful substances on, in, over or under the Property or any other real property of OWNER adjacent to the Easement Area.

5. Term. The term of this Easement herein shall commence upon written notification by CITY to OWNER of CITY’s Notice to Proceed to CITY’s contractor for the Improvements and will terminate two hundred (200) working days from said Notice and will not exceed June 30, 2025.

6. Extension. The Parties agree that as long as normal use and access to the Property is provided by CITY for the convenience of OWNER and OWNER’s guests, tenants, and invitees, the term of this Easement may be extended in the event that the construction project is not yet complete for an additional one (1) month period upon CITY giving written notice to OWNER thirty (30) days before the expiration of the term of this Easement.

Item 6
Attachment B -
Temporary Construction
Easement
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ALM/6/PWK
930-02-09-21AG Page 3 of 9

7. Indemnification. This grant of Easement is made on the express condition that OWNER is to be free from all liability by reason of injury or death to persons or injury to property from whatever cause arising out of CITY’s, its contractors’, agents’, officers’, members’, employees’, invitees’, or licensees’ exercise of rights granted pursuant to this Easement or use of the Easement Area or of the improvements or personal property of CITY thereto or thereon, including any liability for injury or death to the person or property of CITY, its contractors, agents, officers, members, employees, invitees, or licensees or to any property under the control or custody of CITY. CITY hereby covenants and agrees to defend and indemnify OWNER, its officers, employees, agents, invitees and guests and save them harmless from any and all liability, loss, costs, or obligations on account of, or arising out of, any such injury or losses caused or claimed to be caused by the exercise of the Easement or use of the Easement Area by CITY, however occurring, other than those caused solely by the willful or negligent acts or omissions of OWNER.

8. Notices. Any notice given under this Easement shall be in writing and shall be given by delivering the same to such Party in person, by delivering the same to such Party by reputable overnight courier or express service, or by sending the same to such Party by registered or certified mail, return receipt requested, with postage prepaid. The address(es) of each Party for the giving of notices hereunder are, until changed as hereinafter provided, the following:

To CITY: Public Works Director
City of Mountain View
500 Castro Street
P.O. Box 7540
Mountain View, CA 94039-7540
To OWNER: City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
Attention: Real Property Manager
With a copy to: [email protected]
Any notice will be deemed given on the date of delivery, on the date of refusal to accept delivery, or when delivery is first attempted but cannot be made due to a change of address for which no notice was given. A Party may change its notice address(es) at any time by giving written notice of such change to the other Party in the manner provided herein. Notice given by counsel shall be deemed given by the Party represented by such counsel.

9. Compliance with Law. CITY shall comply with all applicable laws, ordinances and regulations of the Federal, State, and local government, including but not limited to Item 6
Attachment B -
Temporary Construction
Easement
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ALM/6/PWK
930-02-09-21AG Page 4 of 9
all applicable regulatory, environmental and safety requirements, at CITY’S sole cost and expense. CITY specifically agrees to comply with any applicable laws, regulations, and/or guidelines relating to COVID-19, including, but not limited to, Centers for Disease Control and Prevention (CDC) guidelines and Santa Clara County Department of Public Health orders and/or guidelines.

10. Subject to Liens, Etc.; No Warranty. This Easement is subject to all liens, encumbrances, covenants, conditions, restrictions, reservations, contracts, leases and licenses, easements, and rights of way pertaining to the Property, whether or not of record. The use of the word “grant” shall not imply any warranty on the part of the OWNER with respect to the Easement or the Easement Area.

11. Taxes, Charges, Fees. CITY alone shall pay any and all taxes, charges or use fee(s) levied by any governmental agency against CITY’s interest in the Easement Area, or against any of OWNER’s real property as a result of the Easement herein granted. CITY shall not cause liens of any kind to be placed against the Easement Area or any of OWNER’s real property.

12. Partial Invalidity. If any term, covenant, condition, or provision of this Easement is found invalid, void, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. ///
///
///
///
///
///
///
Item 6
Attachment B -
Temporary Construction
Easement
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IN WITNESS WHEREOF, this Temporary Construction Easement between the City of Mountain View (“CITY”) and the City of Palo Alto (“OWNER”), is executed by CITY and by OWNER.
“CITY”:

CITY OF MOUNTAIN VIEW,
a California charter city and municipal
corporation
By:

City Manager
APPROVED AS TO CONTENT:

Public Works Director
FINANCIAL APPROVAL:

Finance and Administrative
Services Director
APPROVED AS TO FORM:

City Attorney
“OWNER”:

CITY OF PALO ALTO,
a California chartered municipal
corporation
By:

Ed Shikada, City Manager
APPROVED AS TO FORM:

City Attorney or designee
Attachments:

Attachment 1 – Property Legal Description
Exhibit A – Easement Legal Description
Exhibit B – Easement Plat to Accompany Legal Description Item 6
Attachment B -
Temporary Construction
Easement
Item 6: Staff Report Pg. 21 Packet Pg. 77 of 911
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930-02-09-21AG Page 6 of 9

WITNESS my hand and official seal.
____________________________________ Rev. 9/29/99 (Signature of Notary Public)

WITNESS my hand and official seal.
_________________________________ Rev. 9/29/99 (Signature of Notary Public) Item 6
Attachment B -
Temporary Construction
Easement
Item 6: Staff Report Pg. 22 Packet Pg. 78 of 911
ALM/6/PWK
930-02-09-21AG Page 7 of 9
ATTACHMENT 1 – PROPERTY LEGAL DESCRIPTION
Item 6
Attachment B -
Temporary Construction
Easement
Item 6: Staff Report Pg. 23 Packet Pg. 79 of 911
ALM/6/PWK
930-02-09-21AG Page 8 of 9
EXHIBIT A – EASEMENT LEGAL DESCRIPTION
Item 6
Attachment B -
Temporary Construction
Easement
Item 6: Staff Report Pg. 24 Packet Pg. 80 of 911
ALM/6/PWK
930-02-09-21AG Page 9 of 9
EXHIBIT B – EASEMENT PLAT TO ACCOMPANY LEGAL DESCRIPTION Item 6
Attachment B -
Temporary Construction
Easement
Item 6: Staff Report Pg. 25 Packet Pg. 81 of 911
ALM/6/PWK
930-02-09-21AG Page 10 of 9

CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in portions of the parcel of land (APN: 147-09-051) conveyed by the Grant of Easement dated the ____ day of ____________ 2023, from the CITY OF PALO ALTO (“GRANTOR”) to the CITY OF MOUNTAIN VIEW (“GRANTEE”), IS HEREBY ACCEPTED by the undersigned officer on behalf of the City of Mountain View pursuant to authority conferred by RESOLUTION NO. 13622 of the Mountain View City Council adopted on May 26, 1982 authorizing the City Manager of the City of Mountain View to accept and consent to deeds, grants, dedications, and other conveyances to the City of Mountain View pursuant to Council Policy A-10, and GRANTEE consents to recordation thereof by GRANTEE’s duly authorized officer, the City Clerk of the City of Mountain View.

Dated this the _____ day of__________________ 20___

CITY OF MOUNTAIN VIEW,
a California charter city and
municipal corporation
By:

Kimbra McCarthy, City Manager
Gov. Code 27281
///
///
Item 6
Attachment B -
Temporary Construction
Easement
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930-02-09-21AG Page 11 of 9

STATE OF CALIFORNIA )
) ss.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ________________________________ (Seal)
_______________________
City of Mountain View
Government Code §40814
Item 6
Attachment B -
Temporary Construction
Easement
Item 6: Staff Report Pg. 27 Packet Pg. 83 of 911
Attachment C - San Antonio Area Sewer
Main Improvements Drawings

CITY OF MOUNTAIN

VIEW, CALIFORNIA

PUBLIC WORKS DEPARTMENT
REVISI

ONS CITY OF

MOUNTAIN
VIEW NO. DAT
E

DESCRIPT
ION
APPROV
ED
500 CASTRO STREET, MOUNTAIN VIEW, CA 94041 CHECKE
D BY:

RECOMMENDED FOR
APPROVAL:

APPROVED FOR
CONSTRUCTION: CITY OF MOUNTAIN VIEW

SAN ANTONIO AREA SEWER MAIN
IMPROVEMENTS - PHASE 2

NOT FOR

CONSTRU CTION
Suite 100
Davis, California 95618(530) 756- 5905
FAX (530) 756-5991

PROJECT ENGINEERPRINCIPAL CIVIL

ENGINEER
DATE
ASST. PUBLIC WORKS
DIRECTOR/ DESIGNED BY: CITY ENGINEER

JDG/LCO
DRAWN BY:

JHP
SCALE: AS
SHOWN
DAT
E:

SHEE
PROJ. MGR. : T:

LCO DATE
DAT
E
01/15/2
021
OF
13 PIN
8703-
1 Item 6
Attachment C - San Antonio Area
Sewer Main Improvements Drawings
Item 6: Staff Report Pg. 28 Packet Pg. 84 of 911

SECTION & DETAIL DESIGNATIONS LEGE ND ABBREVIA TIONS

INDEX OF

SHEET SHEETS DRAWING

NUMBER NUMBER

SHEET TITLE

UTILITY CONTACTS

SPRI NT PH- X

TWO DAYS
BEFOR
E

YOU DIG

CITY OF MOUNTAIN

VIEW, CALIFORNIA REVISI

ONS PUBLIC WORKS
NO. DAT DEPARTMENT EDESCRIPT
ION
APPROV
ED
500 CASTRO STREET, MOUNTAIN VIEW, CA 94041 CITY OF MOUNTAIN VIEW

SAN ANTONIO AREA SEWER MAIN
IMPROVEMENTS - PHASE 2

SHEET INDEX, LEGEND, ABBREVIATIONS, & UTILITY CONTACTS

NOT FOR

CONSTRU CTION
Suite 100
Davis, California 95618(530) 756- 5905
FAX (530) 756-5991 CITY OF

MOUNTAIN
VIEW

DESIGNE
D BY:

DRAWN
BY:

JDG/L CO
JHP
PROJ. MGR. : LCOSCAL
E:

DAT
E:

SHEE
AS T:

SHOW
N
01/15/2
021
OF
13 PIN
8703- 2
Item 6
Attachment C - San Antonio Area
Sewer Main Improvements Drawings
Item 6: Staff Report Pg. 29 Packet Pg. 85 of 911
CITY OF MOUNTAIN VIEW CONSTRUCTION NOTES:

CITY OF MOUNTAIN

VIEW, CALIFORNIA

PUBLIC WORKS DEPARTMENT
REVISI
ONS NO. DAT
E

DESCRIPT
ION
APPROV
ED
500 CASTRO STREET, MOUNTAIN VIEW, CA 94041 CITY OF MOUNTAIN VIEW

SAN ANTONIO AREA SEWER MAIN
IMPROVEMENTS - PHASE 2
GENERAL NOTES 1

NOT FOR

CONSTRU CTION
Suite 100
Davis, California 95618(530) 756- 5905
FAX (530) 756-5991 CITY OF

MOUNTAIN
VIEW

DESIGNE
D BY:

DRAWN
BY:

JDG/L CO
JHP
PROJ. MGR. : LCOSCAL
E:

DAT
E:

SHEE
AS T:

SHOW
N
01/15/2
021
OF
13 PIN
8703- 3
Item 6
Attachment C - San Antonio Area
Sewer Main Improvements Drawings
Item 6: Staff Report Pg. 30 Packet Pg. 86 of 911
CITY OF MOUNTAIN VIEW CONSTRUCTION NOTES (CONTINUED): PROJECT SPECIFIC NOTES:
“

CITY OF MOUNTAIN

VIEW, CALIFORNIA

PUBLIC WORKS DEPARTMENT
REVISI
ONS NO. DAT
E

DESCRIPT
ION
APPROV
ED
500 CASTRO STREET, MOUNTAIN VIEW, CA 94041 CITY OF MOUNTAIN VIEW

SAN ANTONIO AREA SEWER MAIN
IMPROVEMENTS - PHASE 2
GENERAL NOTES 2

NOT FOR

CONSTRU CTION
Suite 100
Davis, California 95618(530) 756- 5905
FAX (530) 756-5991 CITY OF

MOUNTAIN
VIEW

DESIGNE
D BY:

DRAWN
BY:

JDG/L CO
JHP
PROJ. MGR. : LCOSCAL
E:

DAT
E:

SHEE
AS T:

SHOW
N
01/15/2
021
OF
13 PIN
8703- 4
Item 6
Attachment C - San Antonio Area
Sewer Main Improvements Drawings
Item 6: Staff Report Pg. 31 Packet Pg. 87 of 911

SURVEY CONTROL POINTS
C0 1

TWO DAYS
BEFOR
E

YOU DIG

CITY OF MOUNTAIN

VIEW, CALIFORNIA

PUBLIC WORKS DEPARTMENT
REVISI
ONS NO. DAT
E

DESCRIPT
ION
APPROV
ED
500 CASTRO STREET, MOUNTAIN VIEW, CA 94041 CITY OF MOUNTAIN VIEW

SAN ANTONIO AREA SEWER MAIN
IMPROVEMENTS - PHASE 2

KEY MAP AND SURVEY
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500 CASTRO STREET, MOUNTAIN VIEW, CA 94041 CITY OF MOUNTAIN VIEW

SAN ANTONIO AREA SEWER MAIN
IMPROVEMENTS - PHASE 2

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500 CASTRO STREET, MOUNTAIN VIEW, CA 94041 CITY OF MOUNTAIN VIEW

SAN ANTONIO AREA SEWER MAIN
IMPROVEMENTS - PHASE 2

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500 CASTRO STREET, MOUNTAIN VIEW, CA 94041 CITY OF MOUNTAIN VIEW

SAN ANTONIO AREA SEWER MAIN
IMPROVEMENTS - PHASE 2

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500 CASTRO STREET, MOUNTAIN VIEW, CA 94041 CITY OF MOUNTAIN VIEW

SAN ANTONIO AREA SEWER MAIN
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SAN ANTONIO AREA SEWER MAIN
IMPROVEMENTS - PHASE 2
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STANDARD DETAILS

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TRAFFIC CONTROL PLAN DETOUR PLAN
GENERAL NOTES: 1. THESE TRAFFIC CONTROL PLANS HAVE BEEN PREPARED USING INFORMATION CONTAINED IN THE 2016 CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (CA MUTCD). 2. THE CONTRACTOR MUST INSTALL TRAFFIC CONTROL DEVICES PRIOR TO COMMENCEMENT OF CONSTRUCTION. THE CONTRACTOR MUST ALSO MAINTAIN

ALL TRAFFIC CONTROL DEVICES DURING CONSTRUCTION, AS REQUIRED BY THE ENGINEER/INSPECTOR. A 24-HOUR "ON CALL" TELEPHONE NUMBER MUST ALSO BE

PROVIDED TO THE CITY BY THE CONTRACTOR FOR SERVICES REQUIRED BEYOND NORMAL WORKDAY OPERATIONS.

3. ACTUAL SIGN INSTALLATION LOCATIONS ARE TO BE DETERMINED IN THE FIELD.

ALL SIGNS MUST BE INSTALLED PER CALTRANS STANDARD PLAN RS1-RS4 OR ON APPROVED BARRICADES. SIGN LOCATIONS MUST BE APPROVED BY THE CITY

ENGINEER/INSPECTOR PRIOR TO ANY
INSTALLATION WORK.

4. SIGNS MUST BE INSTALLED/PLACED AND REMOVED BY THE CONTRACTOR IN ACCORDANCE WITH THESE PLANS AND AS DIRECTED BY THE CITY.

5. SIGNS MUST BE DESIGNED AND COMMERCIALLY MANUFACTURED IN

ACCORDANCE WITH THE MOST RECENT CALTRANS STANDARD SPECIFICATION AND CA MUTCD.

6. ANY EXISTING SIGNS, STRIPING, AND/OR PAVEMENT MARKINGS THAT CONFLICT

WITH THESE TRAFFIC CONTROL PLANS MUST BE COVERED OR REMOVED DURING CONSTRUCTION. REMOVAL OF ROADWAY STRIPING AND/OR PAVEMENT

MARKINGS MUST BE DONE IN ACCORDANCE WITH CURRENT CALTRANS AND CA MUTCD STANDARDS. SIGNS, STRIPING, AND/OR PAVEMENT MARKINGS MUST BE

RESTORED TO EXISTING CONDITIONS TO THE SATISFACTION OF THE CITY ENGINEER/INSPECTOR ONCE CONSTRUCTION IS COMPLETE.

7. A MINIMUM OF ONE 12' WIDE TRAVEL LANE PER DIRECTION OF TRAVEL MUST REMAIN OPEN AT ALL TIMES DURING CONSTRUCTION.

8. TEMPORARY TRAFFIC CONTROL DEVICES MUST NOT BLOCK FIRE HYDRANTS AND/OR DRIVEWAYS.

9. ALL TRAFFIC CONTROL DEVICES (SIGNS, CHANNELIZERS, ETC.) MUST BE RETROFLECTIVE AND/OR ILLUMINATED DURING NIGHTTIME TRAFFIC CONTROL.

10. CONTRACTORS MUST POST TEMPORARY "NO PARKING" SIGNS ALONG ROADWAY FRONTAGE, WHERE APPLICABLE, A MINIMUM OF 48 HOURS PRIOR TO COMMENCEMENT OF WORK AND MUST NOTIFY THE POLICE DEPARTMENT. SIGNS MUST STATE DAYS AND HOURS OF RESTRICTIONS.

11. CONTRACTOR MUST DISPLAY ON BARRICADES COMPANY NAME AND 24-HOUR EMERGENCY TELEPHONE NUMBER IN CASE OF EMERGENCY CALLOUTS.

12. CONTRACTOR MUST FURNISH, ERECT, AND MAINTAIN BARRICADES, LIGHTS, SIGNS, FLAGMEN, FENCING, AND OTHER SAFETY MEASURES TO GIVE ADEQUATE PROTECTION TO THE PUBLIC AT ALL TIMES.

13. THE PARKING OF ANY CONSTRUCTION-RELATED VEHICLES OR STORAGE OF ANY

MATERIAL IS NOT ALLOWED ON A PUBLIC STREET OR SIDEWALK UNLESS APPROVED IN ADVANCE BY THE CITY ENGINEER.

14. ANY TRAFFIC STRIPING, PAVEMENT MARKINGS, PAVEMENT SURFACE, ETC. DAMAGED OR DESTROYED BY CONTRACTOR'S WORK MUST BE REPLACED BY

CONTRACTOR TO THE SATISFACTION OF THE CITY ENGINEER AT THE CONTRACTOR'S SOLE EXPENSE.

15. FOR ANY ONGOING PROJECTS IN THE VICINITY OF THIS PROJECT, THE ROUTING

OF PEDESTRIANS, VEHICLES, AND CONSTRUCTION TRUCKS MUST BE COORDINATED WITH OTHER CONTRACTORS TO MINIMIZE PUBLIC CONVENIENCE.

16. SIDEWALKS AND TRAFFIC LANES MUST REMAIN OPEN WHEN NO ACTIVITY IS PLANNED AND/OR BETWEEN SCHEDULED CLOSURES. SIDEWALKS AND TRAFFIC LANES MUST BE OPENED AT THE END OF EACH WORKDAY.

17. EXISTING CURBS, GUTTERS, SIDEWALKS, AND DRIVEWAYS TO BE RECONSTRUCTED MUST BE REPLACED WITHIN 5 DAYS AFTER DEMOLITION UNLESS GRANTED AN EXCEPTION BY THE CITY.

18. DURING CONSTRUCTION, TRASH/RECYCLING/YARD WASTE COLLECTION VEHICLES

MUST HAVE ACCESS TO COLLECTION ROUTE STREETS IN ORDER TO FACILITATE COLLECTION ACTIVITIES. DELAYS OR DISRUPTIONS TO COLLECTION SERVICES MAY NOT OCCUR AS A RESULT OF CONSTRUCTION ACTIVITY.

LEGE ND:

WORK AREA

TRAFFIC CONTROL SIGN

FLASHING ARROW BOARD
TRAFFIC CONE AT 15' OC UNLESS OTHERWISE NOTED ON PLAN (28" MINIMUM HEIGHT)

CITY OF MOUNTAIN

VIEW, CALIFORNIA

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500 CASTRO STREET, MOUNTAIN VIEW, CA 94041 CITY OF MOUNTAIN VIEW

SAN ANTONIO AREA SEWER MAIN
IMPROVEMENTS - PHASE 2

CITY OF TRAFFIC HANDLING PLAN

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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: June 19, 2023
Report #:2305-1392
TITLE
Approval of Construction Contract with OBS Engineering, Inc. (#C23187759) in the Amount of $4,199,222 and Authorization for the City Manager to Negotiate and Execute Change Orders up to a Not-to-Exceed Amount of $419,922 for the Boulware Park Improvements project (PE17005) and Green Stormwater Infrastructure project (SD-22001); and Approval of FY 2023 Budget Amendments in the Park Development Impact Fee, Stormwater Management, and Capital Improvement Funds; CEQA status—exempt under CEQA Guidelines sections 15301 (existing facilities), 15302 (replacement or reconstruction), 15303 (small structures), and 15311 (accessory structures)

RECOMMENDATION
Staff recommends that Council:

1. Approve and authorize the City Manager or their designee to execute construction contract No. C23187759 with OBS Engineering, Inc. in an amount not-to-exceed $4,199,222 for the Boulware Park Improvements Capital Improvement Program project (PE-17005) and the Green Stormwater Infrastructure Stormwater Management Fund project (SD-22000);

2. Authorize the City Manager or their designee to negotiate and execute change orders to the contract No. C23187759 with OBS Engineering, Inc., the total value of which shall not exceed $419,922, for related, additional but unforeseen work that may arise; and

3. Amend the Fiscal Year 2023 Budget Appropriation (requires 2/3 approval) for:
a. The Park Development Impact Fee Fund by:
i. Decreasing the Ending Fund Balance by $1,500,000; and ii. Increasing the transfer to the Capital Improvement Fund by $1,500,000. b. The Stormwater Management Fund by:
i. Decreasing the Green Stormwater Infrastructure project (SD-22001) by $114,950; and
ii. Increasing the transfer to the Capital Improvement Fund by $114,950. c. The Capital Improvement Fund by:
i. Increasing the Boulware Park Improvements project (PE-17005) revenue estimate for grants from the State of California by $218,979; and Item 7
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ii. Increasing the Boulware Park Improvements project (PE-17005) transfer from the Park Development Impact Fee Fund by $1,500,000; and iii. Increasing the Boulware Park Improvements project (PE-17005) transfer from the Stormwater Management Fund by $114,950; and
iv. Increasing the Boulware Park Improvements project (PE-17005) appropriation by 1,833,929.

EXECUTIVE SUMMARY
This action would enable the City to engage with the lowest responsible bidder, OBS Engineering, Inc. who was 3% below the current engineer’s estimate to complete construction of the Boulware Park Improvements project and approve necessary budget amendments to ensure sufficient project funding. The Boulware Park Improvements project (PE-17005) began in 2018 to implement necessary infrastructure and maintenance improvements to the existing Boulware Park parcel and updated with the purchase of the adjacent Birch Street property in 2019, the scope of the park project expanded to renovate both parcels as one contiguous park facility.

The park design was developed through an intensive community engagement process from 2019 through 2022. The initial project budget established in 2019 and maintained at this initial level until a procurement process was complete. Costs have increased due to construction inflation over the last few years by 10%-15% and design elements incorporated through community-based design. Other factors contributing to the increased project costs are utility upgrades required to meet increased electrical demand for park facilities and additional drainage elements.

BACKGROUND
In 2017, Council approved capital improvement funding to address Boulware Park maintenance needs as part of the Fiscal Year 2018 Capital Budget. The renovation included infrastructure, accessibility, and maintenance improvements. The project was postponed to Fiscal Year 2019 due to budget/resource constraints and prioritization of capital projects. During that period, the adjacent 3350 Birch Street property owned by AT&T became available. The City pursued the purchase of the parcel in order to add new parkland to the Ventura neighborhood, which is densely populated and has a limited amount of open space. Upon finalizing the purchase of the land in 2019, the City re-engaged the community-based design process to determine how the existing Boulware Park and the newly purchased property would be developed into one contiguous park. On February 10, 2020, Council adopted an ordinance dedicating 0.64 acres of land adjacent to 3350 Birch Street to become part of Boulware Park.1 Community Outreach Process
The City conducted a series of public outreach meetings to develop the park improvement 1 City Council, February 10, 2020; Agenda Item #8, SR #10990 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reportscmrs/year-archive/2020/id-10990-park-dedication.pdf?t=60521.13 Item 7
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design. On November 9, 2019, the first community meeting was held at Boulware Park. The goal of the meeting was for the community to have the opportunity to provide input on what park facilities should be considered in the renovation and expansion of Boulware Park.

The community provided input on different park facilities and ranked them based on preference and priority. The facilities presented were drawn from existing facilities at Boulware Park and facilities that were highlighted in the Parks Master Plan to be considered as part of all park renovation projects. These facilities included:

Existing Facilities at Boulware Park
Playground
Basketball Court
Group Picnic Area
Open Turf Area
Master Plan Identified Park Facilities
Restroom
Dog Park
Community Garden
Loop Walking Path
Adult Fitness
Pickle Ball Courts
Shaded Seating Areas
Habitat/Native Planting
Security Lighting
Upon completion of the first community meeting, an on-line survey was released for those who could not attend. A total of 62 community members responded to the survey. Survey responses can be viewed on the project web page at www.cityofpaloalto.org/boulwarepark.2 Input from the community and survey, as well as an initial draft park plan, were presented to the Parks and Recreation Commission (PRC) on January 28, 2020.3 The PRC stressed the importance of aligning the proposed park plan with the recommendations of the North Ventura Coordinated Area Plan (NVCAP), which is an on-going comprehensive community planning effort to provide a walkable, mixed-use neighborhood.4 The PRC also expressed support for the initial draft plan including support for a dog park, the removal of a section of Ash Street to combine the two parcels of land, a restroom closer to the playgrounds, and limiting built park 2 Boulware Park Renovation Project Webpage: https://www.cityofpaloalto.org/Departments/PublicWorks/Engineering-Services/Engineering-Projects/Boulware-Park-Birch-Street 3 Parks and Recreation Commission, January 28, 2020; Agenda Item #5 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/parks-andrecreation-commission/agendas-minutes/2020-agenda-and-minutes/boulware-park-staff-report-012820_mb.pdf 4 North Ventura Coordinated Area Plan Webpage: https://www.cityofpaloalto.org/Departments/PlanningDevelopment-Services/Housing-Policies-Projects/NVCAP Item 7
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facilities along the edge of Matadero Creek for potential creek restoration.

On February 27, 2020, the City held a joint meeting with the NVCAP working group.5 As the closest adjacent park to the proposed redevelopment area, Boulware Park is important in providing open parkland to the area. The community was presented three draft plan options of the overall park design for input, each of which combined the existing parkland and newly purchased AT&T property, as well as a portion of Ash Street. The design options and facilities were developed from the input received at the first community meeting and guidance from the PRC.

On December 7, 2020, a third community meeting was held to allow the community to review the draft park plan layout. Utilizing input collected from PRC and other previous community meetings, a final draft plan was presented for community input.

Overall, the park plan includes the following amenities:6 ▪ Inclusive playground (both tot (2-5)
& children (5-12))
▪ Basketball Court
▪ Restroom
▪ Dog Park
▪ Turn around Drop-Off
▪ Open Turf Area
▪ Loop Pathway
▪ Picnic Area
▪ Shaded Seating Area
▪ Bocce court
▪ Covered picnic area
▪ New head-in and accessible parking
stalls along Lambert Avenue
▪ Environmental amenities include:
▪ Runoff filtration gardens
▪ Native habitat gardens
▪ Net increase of 20 trees
5 North Ventura Working Group; February 27, 2020; https://www.cityofpaloalto.org/files/assets/public/planningamp-development-services/north-ventura-cap/nvcap_cw-agenda-for-posting-75518.pdf?t=57443.57 6 Boulware Schematic Park Plan: https://www.cityofpaloalto.org/files/assets/public/public-works/engineeringservices/webpages/pe-17005-boulware-park-improvements-project/schematic-plan-9.22.22-reduced.pdf Item 7
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The plan was supported by the community, including the locations of the proposed site amenities, the location of the restroom close to the playground, the added head-in-parking along Lambert Avenue, and the removal of the section of Ash Street. The community was also supportive of a proposed 65-foot setback for built structures along the creek in support of future creek restoration.

On January 26, 2021, PRC reviewed the proposed park plan and community feedback.7 The community and PRC supported the overall park plan design. PRC also expressed support for funding and implementing the Boulware Park Improvements project as soon as funding was available. On July 27, 2021, PRC voted unanimously to recommend that Council adopt a Park Improvement Ordinance for the proposed improvements at Boulware Park.8 The Council adopted the Ordinance on October 18, 20219 with its second reading occurring on November 8, 2021.10 All materials presented to the community and PRC can be viewed on the project web site at www.cityofpaloalto.org/boulwarepark.

City staff submitted the project for Proposition 68 state grant funding and the project was awarded $218,979. On December 13, 2021, Council adopted a resolution accepting the terms of the grant.11 The grant funds will cover the cost of the group picnic area shade cover, playground equipment, and site furnishings.

ANALYSIS
Procurement Process
On April 20, 2023, an invitation for bids (IFB) for the Boulware Park Improvements project PE17005 was posted to the City’s Planet Bids eProcurement system. The bidding period was 33 calendar days. The City received two bids from qualified contractors on May 23, 2023 as listed on the attached proposal bid summary (Attachment A).
7 Parks and Recreation Commission, January 26, 2021, Agenda Item #3 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/parks-andrecreation-commission/agendas-minutes/2021-agendas-and-minutes/january-26-2021-parks-and-recreationcommission-agenda-item-3-boulware-design.pdf 8 Parks and Recreation Commission, July 27, 2021, Agenda Item #3 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/parks-andrecreation-commission/agendas-minutes/2021-agendas-and-minutes/boulware-park-pio-staff-report-final.pdf 9 City Council, October 18, 2021, Agenda Item #8, SR #13536 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/parks-andrecreation-commission/staff-reports/sr-13536-002.pdf 10 City Council, November 8, 2021, Agenda Item #11, SR #13720 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reportscmrs/year-archive/2021/sr-13720-002.pdf 11 City Council, December 13, 2021; Agenda Item #12, SR #13791 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/parks-andrecreation-commission/staff-reports/sr-13791-002.pdf Item 7
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A review of the bids included the base bid and all the bid alternates. Base bids ranged from $3,709,710 to $4,530,000 and from 3% below to 16% above the engineer’s estimate of $3,818,921. Bid alternates ranged from $489,511 to $503,421 and from 18% below to 16% below the Engineer’s Estimate of $595,979.

SUMMARY OF PROCUREMENT PROCESS

BID NAME/NUMBER BOULWARE PARK IMPROVEMENTS PROJECT
IFB #187759
Proposed Length of Project 462 calendar days
# of Bid Packages Downloaded Contractors 12
# of Bid Packages Downloaded by Builder’s
Exchanges
5-Builder’s Exchanges;
33-prospective bidders
Total Days to Respond to Bid 33
Pre-Bid Meeting? Yes (Non-mandatory)
Number of Bids Received 2
Bid Price Range (Base Bid) $3,709,710 - $4,530,000
Bid Price Range (Base Bid Plus Alternates) $489,511 - $503,421 Public Link to Solicitation https://pbsystem.planetbids.com/portal/255 69/bo/bo-detail/104889
Staff has reviewed all bids and recommends that the Base Bid of $3,709,710, plus Additive Bid Alternates (1 through 28 as outlined in Attachment A) of $489,511, for a total of $4,199,222 submitted by OBS Engineering, Inc. be accepted and that OBS Engineering, Inc. be declared the lowest responsible bidder. Bid alternate items were separated out from the base bid to allow for flexibility in prioritizing the park elements that could be included in the project scope with the available funding, including: the bocce court, synthetic turf in the dog park, basketball court acrylic surfacing, increased light fixtures, site furnishings, and playground equipment. The construction contingency amount of $461,914, which equals 10 percent of the contract value, is requested for related, additional, but unforeseen work which may arise during the project, implemented via City-approved change orders.

Staff reviewed information and similar projects performed by the lowest bidder, OBS Engineering, Inc., and found them to be the lowest responsive and responsible bidder. Staff also checked with the Contractor's State License Board and confirmed that the contractor has an active license on file.

Staff recommends approval of Contract No. C2318775912 in the amount of $4,199,222, and a $1.5 million budget amendment in the Park Development Impact Fee Fund. This additional funding will provide for a complete park renovation project that retains all key elements and maintains the design discussed during the community outreach process with guidance from the 12 Contract No. C23187759 with OBS Engineering, Inc.
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park master plan. The higher engineer’s estimate and bids reflect the current bidding environment, recent inflation and increased cost due the addition of utility upgrades required to meet increased electrical demand for park facilities and additional drainage elements compared to the original project estimate and budget. Additionally, staff from the Public Works and Community Services Departments prioritized this project to use the Park Development Impact Fees because of the importance to the community.

FISCAL/RESOURCE IMPACT
Partial funding for this contract is available in the Fiscal Year 2023 Boulware Park Improvements Project (PE-17005) and the Green Stormwater Infrastructure Project (SD-22001). The recommendations in this memorandum will increase the Fiscal Year 2023 budget appropriation in the Boulware Park Improvements Project (PE-17005) by $1,833,929. The additional funding will also be used for administrative costs including utilities service fees, material testing, and outreach costs.

The ongoing maintenance costs for this project are estimated to be approximately $50,000 annually for landscaping and custodial expenses, in addition to major renovations every 20 years after completion of this project to replace equipment and park amenities.

STAKEHOLDER ENGAGEMENT
Extensive stakeholder engagement has been completed in developing the proposed project improvement plan, including the many community and public meetings described in this report.

ENVIRONMENTAL REVIEW
The proposed Boulware Park and Birch Street Property Renovation Project is categorically exempt from the California Environmental Quality Act (CEQA) under Title 14 California Code of Regulations Section 15301 (Existing Facilities), Section 15302 (Replacement or Reconstruction), Section 15303 (New Construction of Small Facilities or Structures), and Section 15311 (Accessory Structures) because it consists of the redevelopment of an existing park. Although the new park area will also include the Birch Street property, the proposed amenities would largely replace existing amenities at the site (e.g., playgrounds, picnic areas, basketball court) or would otherwise provide local-serving amenities. Therefore, the expansion in use would be negligible. In addition, although a small new parking area is proposed, it would replace existing street parking along Ash Street that would be removed as part of the project. Therefore, these alterations to an existing public facility and addition of small new structures would be consistent with the Class 1 (Section 15301) and Class 3 (Section 15303) exemptions.

ATTACHMENTS
Attachment A: Bid Summary Table
APPROVED BY:

Brad Eggleston, Director Public Works/City Engineer
Item 7
Item 7 Staff Report
Item 7: Staff Report Pg. 7 Packet Pg. 103 of 911
Attachment 'A' ‐ Bid Summary Table

BASE BID

BID ITEM APPROX
QTY.

UNIT DESCRIPTION, WITH UNIT PRICE IN WORDS
(EACH BID ITEM SHALL INCLUDE ALL APPLICABLE TAXES, PROFIT, INSURANCE,

BONDS, AND OTHER OVERHEAD)
Engineers
Estimate
OBS Engineering
Bothman
Construction

GENERAL SITE WORK
1 1 LUMP SUM Mobilization $35,000.00 $26,425.00 $604,387.51 2 1 LUMP SUM Construction Surveying $22,500.00 $54,769.00 $31,000.00 3 1 LUMP SUM Traffic Control and Construction Area Signage $12,500.00 $4,170.00 $40,000.00 4 1 LUMP SUM Storm Water Pollution Prevention $8,500.00 $38,522.00 $98,000.00 5 1 LUMP SUM Construction Fencing and Gates $11,000.00 $7,408.00 $10,000.00 6 23 EACH Tree Protection $1,100.00 $19,159.00 $10,350.00 7 1 LUMP SUM Pot Hole Existing Utilities $8,500.00 $7,949.00 $2,100.00

PARK DEMOLITION
8 43,951 SQ.FT. Clear and Grub Existing Grass, Decomposed Granite and Shrubs Per Plan $19,777.95 $70,585.31 $24,612.56 9 63 EACH Remove Existing Trees Including Grinding of Stumps $277,200.00 $63,690.17 $69,300.00 10 500 SQ.FT. Remove and Discard Existing Concrete Paving $750.00 $3,938.00 $2,500.00 11 112 LN.FT. Remove and Discard Existing Concrete Curb $1,680.00 $3,278.35 $1,232.00 12 10,735 SQ.FT. Remove and Discard Existing Asphalt Paving, 6" Base and Concrete Curbs $16,102.50 $38,141.46 $53,675.00 13 4,475 SQ.FT. Remove and Discard Existing Asphalt Basketball Court and 6" Base $6,712.50 $16,342.70 $17,900.00 14 1 LUMP SUM Remove and Discard Existing Storm Drain System $6,500.00 $17,094.00 $13,500.00 15 1 LUMP SUM
Remove and Discard Existing Playground and Footings (Inc., Fencing, Curbs and Rubber Surfacing) $12,000.00 $35,475.00 $6,500.00
16 280 YARDS Remove and Discard Existing Play Sand $12,600.00 $17,269.56 $20,440.00 17 1 LUMP SUM Remove and Discard Existing Light Fixtures, Footings, Pull Box and Wiring $7,800.00 $4,620.00 $9,000.00 18 1 LUMP SUM Remove and Discard Existing Irrigation Parts $4,800.00 $12,716.00 $4,000.00 19 1 LUMP SUM
Remove and Discard Existing Site Furnishing (inc. tables, benches, BBQ, trash receptacles) $6,800.00 $18,490.00 $2,200.00
20 1 EACH Remove and Store Existing Park Sign $1,200.00 $1,980.00 $200.00 21 1 LN.FT. Saw Cut Site Paving $3,500.00 $924.00 $7.50 22 1 LUMP SUM Remove and Discard Small Wooded Shade Structure & Bench $750.00 $6,600.00 $1,100.00 23 230 LN.FT. Remove and Discard Property Line Chainlink Fence $3,200.00 $6,357.89 $1,610.00 STREET DEMOLITOIN
24 895 LN.FT. Remove and Discard Existing Curb and Gutter $1,790.00 $19,197.75 $9,845.00 25 2,827 SQ.FT. Remove and Discard Existing Sidewalk and Ramps $5,654.00 $18,471.62 $14,135.00 26 17,500 SQ.FT. Remove and Discard Existing Street Asphalt $26,250.00 $52,745.00 $70,000.00 27 6 EACH Raise Existing Valve Boxes in Street $3,900.00 $4,620.00 $5,400.00 28 3 EACH Remove and Discard Existing Man Hole $2,550.00 $4,620.00 $5,700.00 29 7 EACH Remove and Discard Existing Street Sign and Footings $2,450.00 $2,310.00 $2,870.00

PARK GRADING
30 362 YARDS Export from Open Lot Area ‐ use to fill Ash St. $19,910.00 $20,272.00 $11,222.00 31 102,886 SQ.FT. Fine Grade Full Park Area $25,721.00 $159,473.30 $174,906.20

STREET GRADING
32 318 YARDS Ash Street Fill ‐ use soil from open lot $6,360.00 $15,900.00 $9,858.00

UTILITIES
WATER
33 1 LUMP SUM Relocate Existing Water Meter and Box on Lambert $3,200.00 $2,820.00 $30,000.00 34 115 LN.FT. Drinking Fountain Water Line & 1" Plastic Ball Valve in Round Box $3,775.00 $4,600.00 $4,715.00 35 1 EACH Drinking Fountain Backflow Devise $4,800.00 $5,188.00 $2,000.00 36 170 LN.FT. Restroom Water Line $14,450.00 $6,290.00 $23,800.00 37 1 LN.FT. Restroom Backflow Devise $2,600.00 $5,188.00 $2,000.00 38 1 EACH Hose Bib at Dog Park & 1" Plastic Ball Valve in Round Box $650.00 $3,771.00 $350.00 SEWER
39 170 LN.FT. Restroom Sewer Line to Back of Curb (city to install in street segement) $31,450.00 $19,380.00 $20,400.00 ELECTRICAL (Light Poles and Pole Installation by City)
40 14 EACH Excavate and Install Light Pole Footings $91,000.00 $49,140.00 $42,000.00 41 14 EACH Light Pole Pull Boxes $11,900.00 $40,404.00 $35,000.00 42 1,600 LN.FT. Wire and Conduit $174,000.00 $93,600.00 $80,000.00 43 1 EACH Meter at Restroom $15,000.00 $24,050.00 $20,000.00 44 1 EACH Electrical Plug $3,200.00 $1,950.00 $1,600.00 45 1 EACH Pull Box at Existing Transformer for Splitting Purposes $4,200.00 $7,800.00 $6,500.00 46 10 LN.FT. Irrigation Controller Electrical $1,450.00 $5,655.00 $4,700.00

DRAINAGE
47 5 EACH 30" Catch Basins $21,000.00 $19,625.00 $24,000.00 48 430 LN.FT. 8" Drain Line $49,450.00 $33,540.00 $29,240.00 49 200 LN.FT. 6" Drain Line $19,000.00 $15,000.00 $13,600.00

INFILTRATION PLANTERS

LARGE PLANTER
50 280 YARDS Soil Removal $12,600.00 $19,600.00 $3,080.00 51 161 YARDS New C3 Approved Soil $50,700.00 $21,455.20 $20,930.00 52 48 YARDS Biochar $15,105.00 $7,992.00 $6,240.00
53 70 YARDS 3/4" Angular Rock Layer $8,050.00 $10,878.00 $11,200.00 54 1884 SQ.FT. Filter Fabric $3,768.00 $731.93 $715.92
55 2 YARDS Cobble Stone $600.00 $1,110.00 $0.76
56 250 LN.FT. 4" Perforated Pipe $21,250.00 $1,595.63 $4,000.00 57 1 EACH 30" Catch Basin $4,200.00 $1,942.50 $4,800.00 58 1 EACH Clean out ‐ per detail (to be spotted in field) $400.00 $388.50 $371.00 59 70 LN.FT. 8" Drain Line $8,050.00 $5,460.00 $1,120.00

BASKETBALL COURT
60 60 YARDS Soil Removal $2,700.00 $4,200.00 $9,060.00
IFB187759 ‐ Boulware Park Renovation Project
Item 7
Attachment A - Bid
Summary Table
Item 7: Staff Report Pg. 8 Packet Pg. 104 of 911
61 38 YARDS New C3 Approved Soil $10,725.00 $7,381.50 $7,220.00 62 8 YARDS Biochar $3,420.00 $142.08 $1,384.00
63 15 YARDS 3/4" Angular Rock Layer $1,725.00 $3,163.50 $3,075.00 64 402 SQ.FT. Filter Fabric $804.00 $290.04 $281.40
65 70 LN.FT. 4" Perforated Pipe $5,950.00 $446.78 $1,120.00 66 1 EACH 30" Catch basin $4,200.00 $1,942.50 $4,800.00 67 1 EACH Clean out ‐ per detail (to be spotted in field) $400.00 $388.50 $371.00 68 31 LN.FT. 6" Drain Line $2,945.00 $2,325.00 $496.00
LAMBERT AVE.
69 20 YARDS Soil Removal $900.00 $1,400.00 $16,000.00
70 13 YARDS New C3 Approved Soil $3,575.00 $3,751.80 $3,653.00 71 3 YARDS Biochar $1,140.00 $532.80 $519.00
72 5 YARDS 3/4" Angular Rock Layer $575.00 $1,581.75 $1,550.00 73 135 SQ.FT. Filter Fabric $270.00 $172.33 $168.75
74 1 EACH Clean out ‐ per detail (to be spotted in field) $400.00 $388.50 $371.00 75 1 YARDS Cobble Stone $300.00 $1,420.50 $1,400.00

RESTROOM
76 1 LUMP SUM Purchase and Install New Prefabricated Restroom Building Per Plans $300,000.00 $314,480.00 $300,000.00 77 1 LUMP SUM Prepare Restroom Pad ‐ per plan $18,000.00 $4,670.00 $1,000.00

SITE CONSTRUCTION
78 6,575 SQ.FT. Asphalt Basketball Court $46,025.00 $32,546.25 $31,231.25 79 360 LN.FT. Pressure Treated Header Board at Asphalt Paving Areas $9,000.00 $5,940.00 $2,628.00 80 1 LUMP SUM Basketball Court Striping $3,800.00 $1,980.00 $2,000.00 81 9,751 SQ.FT. Asphalt Pathways $68,257.00 $42,904.40 $39,004.00 82 1,133 LN.FT. Pressure Treated Header Board at Asphalt Paving Areas $28,325.00 $18,694.50 $8,270.90 83 1,950 SQ.FT. 6" Thick Concrete Paving $35,100.00 $17,550.00 $37,050.00 84 928 LN.FT.
9" Wide Concrete Curbs at Fence Locations with 2' Deep Galvanized Sleeves (sleeves @ 6' interval) $125,280.00 $41,760.00 $79,808.00 85 112 LN.FT. 6" Wide Concrete Curbs $5,040.00 $9,632.00 $6,160.00 86 4,980 SQ.FT. Decomposed Granite Pathways $24,900.00 $40,905.72 $39,840.00 87 1,540 LN.FT. Pressure Treated Header Board at Decomposed Granite Pathways $38,500.00 $11,367.51 $11,088.00 88 5,590 SQ.FT. Decomposed Granite Picnic Area $27,950.00 $21,717.15 $21,242.00 89 17 EACH Purchase and Install Landscape Boulders $20,400.00 $6,604.50 $6,460.00 90 28 SQ.FT. Concrete Pads for Trash Enclosures $420.00 $2,800.00 $1,400.00 91 1 EACH Install Existing Park Sign $1,800.00 $446.00 $450.00 92 1 EACH Purchase and Install New Park Sign $8,500.00 $669.00 $15,000.00 93 82 LN.FT. Cast‐in‐place Concrete Seat Wall $18,450.00 $23,780.00 $28,700.00

DOG PARK
94 5,143 SQ.FT. 10" Layer Dog Park Mulch $15,429.00 $51,378.57 $50,144.25 95 101 LN.FT. 6" Curb at Planter $4,040.00 $8,686.00 $6,767.00

STREET CONSTRUCTION
LAMBERT AVE.
96 120 LN.FT. Curb and Gutter (lamp black) $15,000.00 $5,760.00 $11,520.00 97 113 LN.FT. Gutter (lamp black) $7,345.00 $5,537.00 $8,249.00 98 116 LN.FT. Curb (lamp black) $9,860.00 $10,092.00 $14,152.00 99 180 SQ.FT. Driveway Apron (lamp black) $3,240.00 $15,300.00 $2,880.00 100 681 SQ.FT. Sidewalk (lamp black) $9,534.00 $30,645.00 $13,620.00 101 3,165 SQ.FT. Street Asphalt and Sub‐base $22,155.00 $33,074.25 $75,960.00 102 1 LUMP SUM Street and Parking and Accessible Striping $3,200.00 $4,738.75 $4,600.00 103 145 SQ.FT. Concrete Accessible Ramps $2,610.00 $4,350.00 $2,755.00 104 27 LN.FT. Concrete Accessible Ramp Curbs $945.00 $2,295.00 $1,404.00 105 56 SQ.FT. Truncated Domes $1,960.00 $1,568.00 $2,464.00 106 7 EACH Street Signs $5,950.00 $4,683.00 $4,550.00
107 83 SQ.FT. Cobble Stone Set in Mortar $2,324.00 $4,482.00 $2,158.00 CHESTNUT AVE.
108 94 LN.FT. Curb and Gutter (lamp black) $11,750.00 $4,512.00 $9,024.00 109 53 LN.FT. Rolled Curb and Gutter (lamp black) $8,745.00 $2,650.00 $6,254.00 110 51 LN.FT. Zero Curb and Gutter $4,335.00 $2,295.00 $357.00 111 903 SQ.FT. Sidewalk (lamp black) $12,642.00 $40,635.00 $18,060.00 112 3,157 SQ.FT. Street Asphalt and Sub‐base $22,099.00 $29,517.95 $75,768.00 113 145 SQ.FT. Concrete Accessible Ramps $2,610.00 $4,350.00 $2,610.00 114 16 LN.FT. Concrete Accessible Ramp Curbs $560.00 $1,360.00 $832.00 115 56 SQ.FT. Truncated Domes $1,960.00 $1,568.00 $2,464.00 116 4 EACH Street Signs $3,400.00 $2,676.00 $2,600.00
117 1 EACH Gutter Drain In Let $6,500.00 $3,500.00 $12,000.00 FERNANDO AVE.
118 15 LN.FT. Curb and Gutter (lamp black) $1,875.00 $720.00 $1,440.00 119 773 SQ.FT. Sidewalk (lamp black) $10,822.00 $34,785.00 $15,460.00 120 4,157 SQ.FT. Street Asphalt and Sub‐base $29,099.00 $38,867.95 $95,611.00 PLAYGROUND EQUIPMENT (inclucde tax and shipping ‐refer to Add Alternate List for equipment not on this list) 121 1 EACH Alpah Tower ‐ By Landscape Structures or approved equal $174,610.00 $164,479.29 $230,000.00 122 1 EACH 3 Bay Swings ‐ By Dynamo or approved equal $22,000.00 $11,985.51 $40,000.00 123 1 EACH Disk Swings ‐ Dy Dynamo or approved equal $36,000.00 $20,459.34 $47,000.00 124 1 EACH Disk Spinner ‐ By Goric or approved equal $26,000.00 $26,560.08 $37,000.00 125 1 EACH Accessible Spinner ‐ By Playworld or approved equal $18,000.00 $19,477.39 $25,000.00 126 2 EACH Spring Rider 'Digirider Bear'‐ Landscape Structure or approved equal $3,600.00 $19,434.91 $8,000.00 127 1 EACH Tot Play Structure ‐ Landscape Structure or approved equal $19,000.00 $26,422.64 $37,000.00 128 1 EACH Tot Swing ‐ By Landscape Structures or approved equal $2,200.00 $6,166.58 $5,000.00 129 1 EACH Tandem Swing "You & Me Swing"‐ By Kompan or approved equal $3,600.00 $6,381.90 $17,000.00 IFB187759 ‐ Boulware Park Renovation Project
Item 7
Attachment A - Bid
Summary Table
Item 7: Staff Report Pg. 9 Packet Pg. 105 of 911
130 3 EACH Spin Cup ‐ By Playworld $9,600.00 $14,049.87 $9,000.00 131 1 LUMP SUM Playground Equipment Installation $138,000.00 $99,580.00 $83,000.00 132 1 LUMP SUM Playground Safety Inspection ‐ Third Party $12,000.00 $4,050.00 $2,000.00

SURFACING
133 1,358 SQ.FT. Integral Color Concrete with Retarted Finish $24,444.00 $31,234.00 $38,024.00 134 203 SQ.FT. Integral Color Concrete Paving with Seeded Aggregate Finish $4,669.00 $4,669.00 $11,368.00 135 4,945 SQ.FT. Synthetic Turf $108,790.00 $85,030.51 $108,790.00 136 3,173 SQ.FT. Putting Green Length Synthetic Turf $69,806.00 $53,984.31 $69,806.00 137 1,377 SQ.FT. Premium Rubber Surfacing $34,425.00 $26,303.52 $24,786.00 138 9,495 SQ.FT. 3.5" Attenuated Rubber Pad Under Surfacing $52,222.50 $125,011.17 $123,435.00 139 1,497 SQ.FT. Bonded Rubber Mulch ‐ set on finish grade $23,952.00 $29,241.42 $28,443.00 140 1,025 LN.FT. Synthetic Header Board along Concrete Edges $38,950.00 $7,679.81 $7,482.00 141 65 LN.FT. 6" Concrete Curb $2,925.00 $5,590.00 $3,965.00

SITE FURNISHING
142 8 EACH Picnic Tables and Installation ‐ Quickcrete $38,400.00 $11,000.00 $40,000.00 143 4 EACH Picnic Tables and Installation ‐ Dumor $19,200.00 $11,116.00 $16,000.00 144 3 EACH Game Tables and Installation $18,500.00 $7,317.00 $12,900.00 145 11 EACH Benches and Installation $26,400.00 $30,569.00 $36,300.00 146 2 EACH Trash Receptacles and Installation $13,600.00 $8,920.00 $7,600.00 147 1 EACH Drinking Fountain and Installation $18,500.00 $14,000.00 $18,000.00 148 2 EACH Basketball Hoops and Installation $9,600.00 $5,096.00 $11,600.00 149 7 EACH Bike Rack $4,550.00 $5,705.00 $7,000.00

PICNIC SHADE TRELLIS
150 1 EACH Shade Structure & Shipping $92,000.00 $101,202.80 $78,000.00 151 4 EACH Shade Structure Footings $29,600.00 $95,160.00 $12,000.00 152 1 EACH Shade structure Installation $18,500.00 $15,950.00 $16,000.00

SITE FENCING AND GATES

CHAIN LINK
153 133 LN.FT. 12' Black Vinyl Clad Chain Link Fence $13,300.00 $19,278.35 $24,073.00 154 319 LN.FT. 8' Tall Black Vinyl Clad Chain Link Fence $27,115.00 $33,790.08 $39,875.00 155 700 LN.FT. 4' Tall Black Vinyl Clad Chain Link Fence $45,500.00 $54,635.00 $57,400.00 156 7 LN.FT. 4' Tall Single Black Vinyl Gates w/ Panic Bar and Self Closing Hinges $33,600.00 $48,781.25 $37,800.00 157 5 LN.FT. 4' Tall Double Black Vinyl Maintenance Gates (Typical) $11,000.00 $8,697.00 $21,500.00 WOOD
158 227 LN.FT. 6' Tall Douglas Fir Wood Fence with Pressure Treated Frame and Posts $26,105.00 $11,350.00 $27,467.00 159 38 EACH Wood Fence Concrete Post Footings and Hardware (6' interval) $18,240.00 $380.00 $11,590.00

PLANTING
160 53 EACH 24" Box Trees $21,200.00 $58,830.00 $57,240.00 161 239 EACH 1 Gallon Shrubs $6,692.00 $7,958.70 $7,767.50 162 529 EACH 5 Gallon Shrubs $23,805.00 $38,167.35 $37,030.00 163 20 EACH 15 Gallon Shrubs $3,300.00 $2,220.00 $2,200.00 164 2 EACH 15 Gallon Vines $370.00 $177.60 $200.00
165 29 EACH 5 Gallon Vines $1,885.00 $2,092.35 $2,030.00 166 180 LN.FT. Pressure Treated Landscape Header Board $6,300.00 $1,298.70 $1,260.00 167 35,000 SQ.FT. Hydroseed Area $70,000.00 $27,195.00 $7,000.00 168 10 YARDS Soil Amendment $2,250.00 $3,052.50 $3,000.00

IRRIGATION
169 1 EACH Irrigation Controller Set On Concrete Pad $24,000.00 $11,000.00 $11,000.00 170 1 EACH
Remove and Replace Exisitng Irrigaiotn Backflow with New 2" Backflow Devise and Cage $6,800.00 $8,325.00 $8,200.00
171 1 EACH 2" Master Valve $1,200.00 $1,110.00 $1,100.00 172 1 EACH 2" Flow Sensor $1,400.00 $2,442.00 $2,400.00 173 2 EACH 3" Gate Valves $1,700.00 $2,553.00 $2,600.00 174 3 EACH 2 1/2" Gate Valves $2,400.00 $3,330.00 $3,300.00 175 1 EACH 2" Gave Valve $750.00 $550.00 $550.00
176 3 EACH 1 1/2" Gate Valves $1,950.00 $1,332.00 $1,200.00 177 5 EACH 1" Gate Valves $2,500.00 $1,665.00 $1,625.00 178 6 EACH 1 1/2" Rotor Valves $5,100.00 $3,330.00 $3,240.00 179 7 EACH 1" Rotor Valves $5,250.00 $2,991.45 $2,800.00 180 6 EACH 1 1/2" Drip Valves, Drip Tube and Associated Parts $25,200.00 $33,300.00 $33,000.00 181 11 EACH 1" Drip Valves, Drip Tube and Associated Parts $41,800.00 $8,547.00 $8,250.00 182 63 EACH 12" Rotor Head and Assembly $17,955.00 $4,195.80 $4,095.00 183 48 EACH Bubbler Assembly in Sleeves $15,600.00 $2,664.00 $2,640.00 184 410 LN.FT. 3" Sch 80 Irrigation Line $19,680.00 $18,204.00 $17,630.00 185 360 LN.FT. 2 1/2" Sch 40 Irrigation Line $15,120.00 $4,795.20 $4,680.00 186 325 LN.FT. 2" Sch 40 Irrigation Line $12,350.00 $3,968.25 $3,900.00 187 225 LN.FT. 1 1/2" Sch 40 Irrigation Line $7,200.00 $2,497.50 $2,475.00 188 80 LN.FT. 1 1/4" Sch 40 Irrigation Line $2,240.00 $799.20 $800.00 189 535 LN.FT. 1" Sch 40 Irrigation Line $12,840.00 $4,750.80 $4,815.00 190 500 LN.FT. 3/4" Sch 40 Irrigation Line $9,000.00 $3,855.00 $4,000.00 191 450 LN.FT. 1/2" Sch 40 Irrigation Line $7,200.00 $2,997.00 $3,150.00 192 18 EACH 1" Quick Couplers $13,500.00 $7,992.00 $7,200.00 Base Bid Total (Items 001 ‐ 192) $3,818,921.95 $3,709,710.36 $4,530,000.00 ADDITIVE ALTERNATE
IFB187759 ‐ Boulware Park Renovation Project
Item 7
Attachment A - Bid
Summary Table
Item 7: Staff Report Pg. 10 Packet Pg. 106 of 911
BID ITEM APPROX.

QTY

UNIT DESCRIPTION, WITH UNIT PRICE IN WORDS
(EACH BID ITEM SHALL INCLUDE ALL APPLICABLE TAXES, PROFIT, INSURANCE,

BONDS, AND OTHER OVERHEAD)

UNIT PRICE

BOCCE COURT
1 215 LN.FT. Pressure Treated Edger $13,975.00 $3,724.88 $3,440.00 2 1,170 SQ.FT. 2" Decomposed Granite $4,680.00 $2,895.75 $3,510.00 3 1,170 SQ.FT. 1" Depth Oyster Shell $9,360.00 $4,182.75 $4,680.00

DOG PARK SYNTHETIC TURF
4 5,143 SQ.FT. Synthetic Turf $113,146.00 $74,600.76 $77,145.00 5 305 LN.FT. Synthetic Wood Perimeter Header $11,590.00 $2,285.21 $2,135.00 6 100 YARDS 10" 3/4" Angular Rock $18,500.00 $23,700.00 $14,700.00 7 2 EACH Rotor Irrigation Valves (includes valve, rotors and laterals) $12,800.00 $5,994.00 $6,000.00

BASKETBALL COURT SURFACING
8 5,685 SQ.FT. Acrylic Surfacing $14,212.00 $25,576.82 $17,055.00 9 4 EACH Basketball Hoops $19,200.00 $10,192.00 $30,000.00 ELECTRICAL (Light Poles and Pole Installation by City)
10 6 EACH Excavate and Install Light Pole Footings $39,000.00 $21,060.00 $18,000.00 11 6 EACH Light Pole Pull Boxes $5,100.00 $15,600.00 $13,200.00 12 800 LN.FT. Wire and conduit $94,250.00 $43,680.00 $36,000.00 PLAYGROUND EQUIPMENT (inclucde tax and shipping)
13 1 EACH Unity Dome ‐ By Playworld or Approved Equal $42,160.00 $60,191.17 $34,000.00 14 1 EACH Net Spinner ‐ By Dynamo or Approved Equal $38,000.00 $27,843.19 $33,000.00 15 2 EACH Hammock Swings ‐ by Komppan or Approved Equal $6,800.00 $16,817.96 $10,000.00 16 1 EACH Double Spring Rider ‐ By Landscape Structures or Approved Equal $2,600.00 $5,518.35 $6,200.00 17 1 LUMP SUM Playground Equipment Installation $67,200.00 $27,000.00 $19,500.00

SITE FURNISHING
18 4 EACH Picnic Tables and Installation ‐ Quickcrete $4,800.00 $5,500.00 $20,800.00 19 2 EACH Picnic Tables and Installation ‐ Dumor $4,800.00 $5,558.00 $9,800.00 20 2 EACH Game Tables and Installation $3,700.00 $4,878.00 $11,400.00 21 11 EACH Benches and Installation $24,000.00 $30,569.00 $40,700.00 22 1 EACH Trash Receptacles, Concrete Pad and Installation $6,800.00 $4,460.00 $4,500.00

SITE FENCING AND GATES

CHAIN LINK
23 43 LN.FT. 6' Tall Chain Link Fence at Pump Station $2,795.00 $10,169.50 $10,879.00 24 1 LN.FT. 6' Tall Double Chain Link Gates at Pump Station (Typical) $2,400.00 $2,200.00 $4,600.00 WOOD
25 152 LN.FT. 6' Tall Douglas Fir Wood Fence with Pressure Treated Frame and Posts $17,480.00 $7,600.00 $18,392.00 26 26 EACH Wood Fence Concrete Post Footings and Hardware (6' interval) $12,480.00 $260.00 $7,800.00

PLANTING
27 19 EACH 36" Box Trees (Arbutus & Quercus rubrum) ‐ Price difference from 24" box $17,100.00 $13,794.00 $13,585.00 28 18 EACH 48" Box Trees (Quercus lobata & Platanus) ‐ Price difference from 24" box $3,600.00 $33,660.00 $32,400.00 Additive Alternate Bid Total (Items 001 ‐ 028) $595,978.50 $489,511.34 $503,421.00 IFB187759 ‐ Boulware Park Renovation Project
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Attachment A - Bid
Summary Table
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Transportation
Meeting Date: June 19, 2023
Report #:2305-1414
TITLE
Approval of the Conceptual Plan for Quiet Zone at Palo Alto Avenue/Alma Street Rail Crossing and Direct Staff to Proceed with Design and Construction of the Project. CEQA status – categorically exempt (Regulation 15301).

RECOMMENDATION
The Rail Committee and staff recommend the City Council approve the Conceptual Plan to implement a Quiet Zone at Palo Alto Avenue/Alma Street (Attachment A) and direct staff to proceed with the design and to construct improvements required for implementing the quiet zone at this crossing.

EXECUTIVE SUMMARY
The Office of Transportation is currently working on the Quiet Zone (QZ) study at Palo Alto Avenue in collaboration with City of Menlo Park. Based on the study, the project consultant has prepared the conceptual plans for improvements that will be necessary to implement the quiet zone at this crossing. A study session was conducted with Planning and Transportation Commission (PTC) and the Pedestrian and Bicycle Advisory Committee (PABAC) before seeking Rail Committee’s review. The project received positive consideration and endorsements from these committees. The Rail Committee has reviewed the proposed Conceptual Plan on May 23, 2023 and unanimously recommended approval to the City Council.

BACKGROUND
The City of Palo Alto (City) has received several requests for consideration of Quiet Zone at crossings across Caltrain Corridor. As the first phase of this project, the City of Menlo Park, in coordination with the City of Palo Alto, is conducting a QZ study that includes consideration of a quiet zone at the Palo Alto Avenue/Alma Street crossing. Kimley Horn and Associates was selected as consultant to perform this study. The procurement process was led by the City of Menlo Park consistent with its policies and practices. A similar study at other crossings within Palo Alto will be performed as a second phase of this project.

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ANALYSIS
Federal regulation requires that locomotive horns begin sounding 15–20 seconds before entering public rail grade crossings, no more than one-quarter mile in advance. These horns produce sounds from 96 to 110 decibels for at-grade crossings. The sound noise affects the quality of life of the Palo Alto residents in the vicinity of the railroad crossings and causes significant noise pollution.

Local agencies, however, can implement Quiet Zones where railroads have been directed to cease the routine of sounding their horns when approaching public highway-rail grade crossings.

Train horns may still be used in emergency situations or to comply with other Federal regulations or railroad operating rules. The Federal Railroad Administration (FRA) Title 49 regulations provide opportunity for localities nationwide to mitigate the effects of train horn noise by establishing Quiet Zones. The regulations require a quiet zone study to review the Quiet Zone Risk Index (QZRI) qualifying for quiet zone or Supplemental Safety Measures (SSM) at each crossing. Based on the study, the crossings need to be upgraded to be safer without horns than they are in the current state with horns before proceeding with quiet zones.

In early 2022, City of Menlo Park issued a Request for Proposals to conduct Quiet Zone study for four at-grade crossings in Menlo Park. Due to close proximity of the Palo Alto Avenue/Alma Street crossing, City of Palo Alto staff collaborated with City of Menlo Park to include this crossing in the study. The procurement process was led by the City of Menlo Park consistent with its policies and practices. However, staff from both cities worked towards the selection of the Consultant. Kimley Horn and Associates (Consultant) was the selected consultant to perform this study.

Consultant performed the crossing analysis based on the FRA and California Public Utilities Commission (CPUC) requirements and prepared preliminary conceptual plans for improvements at these crossings to meet QZ requirements. A field diagnostic meeting was held amongst a team of consultant staff, staff from the cities of Palo Alto and Menlo Park, CPUC, Caltrain, and FRA to review the existing conditions at the crossing and to seek feedback and concurrence in developing recommendations for improvements to implement the Quiet Zone.

The consultant therefore developed conceptual plans consistent with FRA and CPUC requirements. The improvements for Palo Alto Avenue/Alma Street primarily recommend for modifications to median islands on both sides of the railroad tracks. These improvements include reconstruction to have median islands with eight (8) inch curb and extension of median islands to meet regulatory standards for quiet zones. A community outreach meeting was held on March 23, 2023. Staff received positive feedback and community desire to expedite implementation of quiet zone in Palo Alto.

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On April 26, 2023, a Study Session (Staff Report ID 2303-1201) 1 with Planning and Transportation
Commission was held to review proposed project recommendations and seeking feedback for implementing a quiet zone at Palo Alto Avenue/Alma Street Crossing. In addition, on May 2, 2023, a study session seeking comments and feedback was also conducted with the Pedestrian and Bicycle Advisory Committee. At both study sessions, staff received positive consideration for implementing quiet zones. The Rail Committee has reviewed the proposed Conceptual Plan on May 23, 2023 (Staff Report 2304-1285)2 and unanimously recommend approval to the City Council.

Next Steps
Upon approval of the project and concept plans by the City Council, the City will engage a consultant to support the design and help obtain the necessary permits and approvals from Caltrain and CPUC to modify the At-Grade Railroad Crossing. Following this, the project will bid for construction to install the required improvements. The final step involves City formally requesting the Federal Rail Administration to establish a quiet zone at this crossing.

The estimated cost for the design and construction of the improvements outlined in the concept is between $200,000 and $250,000. It is expected that implementation of the quiet zone will take approximately 20-24 months, assuming the City is able to secure timely approvals from the relevant agencies and funding availability. However, if external funding or grants are involved, additional coordination and approvals will be required for grant-related requirements, and the timeline will depend on the funding requirements and processing involved. As needed, staff will return to the City Council for approval of design and/or construction contract.

FISCAL/RESOURCE IMPACT
This work will be incorporated into one of the City’s existing transportation capital projects; the exact one is to be determined. Staff will seek funding from any applicable federal, state, or regional grants concurrently with the approval process. However, if such funding is unavailable due to the size and timing of the project, staff will seek Measure B Local Streets and Roads (LSR) funds or alternatively absorb the costs within the existing capital project.

STAKEHOLDER ENGAGEMENT
A Community Meeting was held on March 23, 2023, to seek feedback and comments. In addition, a study session at Planning and Transportation Committee was conducted on April 26, 2023, to solicit feedback and comments. Staff also presented the project at the Pedestrian and Bike Advisory Committee Rail Committee on May 2, 2023, and City School Transportation Safety Committee on May 18, 2023, for feedback before seeking Rail Committee’s review and approval 1 https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=11277 2 https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=11356 Item 8
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on May 23, 2023. All meetings are open to the public and therefore provide the community with opportunities to provide comments to the City.

ENVIRONMENTAL REVIEW
The proposed modifications are minor upgrades to an existing street right-of-way and would not result in any new impacts on the existing environment. This project is considered as a minor alteration to the existing street system, and therefore categorically exempt (Class 1 Exemption, Section 15301) from the provisions of the California Environmental Quality Act (CEQA).

ATTACHMENTS
Attachment A: Conceptual Plan for Quiet Zone Improvements at Palo Alto Ave APPROVED BY:

Philip Kamhi, Chief Transportation Official
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PALO ALTO AVE AT- GRADE CROSSING
Item 8
Attachment A - Conceptual Plan for
Quiet Zone Improvements Palo Alto
Ave
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: June 19, 2023
Report #:2304-1375
TITLE
Approval of: (1) a Purchase Order with Pivot Interiors Inc. in the Amount of $756,021 and (2) a Purchase Order with One Workplace in the Amount of $480,229 for the Public Safety Building Capital Project (PE-15001); CEQA: Environmental Impact Report for the Public Safety Building and New California Avenue Area Parking Garage (Resolution No. 9772)

RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to execute:

1. A Purchase Order with Pivot Interiors Inc. (Attachment A) for the Public Safety Building Capital Project (PE-15001) in an amount not to exceed $756,021, including $687,292 for basic services and $68,729 for contingency; and

2. A Purchase Order with One Workplace (Attachment B) for the Public Safety Building Capital Project (PE-15001) in an amount not to exceed $480,229, including $436,572 for basic services and $43,657 for contingency.

BACKGROUND
On February 1, 2021, the Public Safety Building (PSB) general construction contract was authorized by Council1. Construction has been underway since March 2021 and is expected to complete in fall 2023. The general construction contract does not include most items designated as fixtures, furniture, and equipment (FF&E). It does include some built-in FF&E items such as wall-mounted video screens and computer server racks. Budget for other standalone FF&E has also been included in the project plan, and the overall debt funding plan anticipated these FF&E expenditures. The City-standard modular office furniture purchases 1 City Council, February 1, 2021; Agenda Item #4, SR #11752 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reportscmrs/year-archive/2021/id-11752.pdf Item 9
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included in this recommendation will be a key component of the final PSB to provide efficient and functional workspaces.

The new PSB will house staff from the Police and Fire Departments, and the Office of Emergency Services. Spaces in the building include offices, staff workspaces, break rooms, meeting rooms, fitness rooms, and public lobbies.

ANALYSIS
In February 2021, Council directed staff to “examine the FF&E budget and remove all that are not necessary at time of completion.” Staff hired Single Source, Inc. to perform a survey of existing offices, conference rooms, and common areas in the Palo Alto Police Department on the first floor of City Hall and Fire Department administration offices on the sixth floor of City Hall. The survey indicated that 16 percent of furniture items were at the end of useful life, about half were not recommended for re-use, and 39 percent had potential for re-use but would require repairs. Repairs could be costly, especially if the item no longer has a warranty.

In addition to the age and condition of the existing furniture, the new public areas and staff workspaces of the PSB are configured differently than at City Hall and direct re-use of existing modular furniture would not effectively use the new space. Most of the existing modular furniture in the old facility is also comprised of an earlier generation of Herman Miller cubicles that has been discontinued. Areas in the existing facility that do have the newer generation of the Herman Miller cubicles may be more suitable to reuse in-place under the City Hall Space Planning Capital Project (PE-19000), and avoid expenses associated with a mixed design and move of applicable furniture. As a result, virtually all furniture items will be replaced due to their condition and infeasibility of direct re-use.

PSB offices and staff workspaces will be furnished with City-standard Herman Miller modular furniture with finishes matching recent tenant improvements at City Hall and the Municipal Services Center (MSC). If modifications are needed in the future due to changing needs, City staff will be able to source from the current in-house spare parts inventory where possible.

Lobby, break area, and staff seating fabrics were selected to withstand public use over the years and for easy cleaning by the City’s maintenance staff. Typically, the selected furniture should last a minimum of 12 years with normal usage and occasional maintenance.

In order to remove unnecessary furnishings, staff modified the original furniture plans from 2019 as follows:

1. Removed cubicle fabric tiles that were up against walls on the backside of cubicle walls.

2. Consolidated power in cubicles to avoid having additional powered raceways.

3. Removed standard under cabinet lighting where lighting was sufficient or rarely used by staff.

4. Removed unnecessary cubicle walls and overhead storage on the third-floor administrative counter area and replaced it with freestanding desks.

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5. Removed overhead storage where no longer needed in offices on the first floor.

As a result, and between the two purchase orders, the City will be purchasing the following items:
• 118 staff task chairs
• 59 cubicles and 27 furnished offices
• 12 staff workstations
• 56 chairs and 21 tables for staff break areas
• 28 chairs and 6 tables for public lobbies
• 61 tables for conference or multi-purpose areas
• 152 chairs for conference and multi-purpose areas
• 31 communal storage units
• 40 pieces of various electronics such as power modules for tables and desk lighting.

Per Palo Alto Municipal code 2.30.360(j), the City can take advantage of cooperative purchasing agreements provided: (i) the services are solicited using methods substantially similar to those required under the Municipal Code, as determined by the Procurement Officer; and (ii) the contract is consistent with the requirements under the Municipal Code. OMNIA Partners (OMNIA) and Sourcewell provide discounts for government entities purchasing furniture from brands such as Herman Miller, Steelcase, and Coalesse. The cooperative purchasing agreement contracts were competitively solicited and publicly awarded through the cooperating purchasing organizations and the purchase orders are consistent with the requirements of the Municipal Code. Cooperative purchasing programs allow government organizations to use a single solicitation with the best value and favorable terms and conditions.

Each purchase order includes a material cost for furniture and accessories, freight and installation of furniture, and project management fees including layout design from the vendor.

Council authorization for a 10% contingency on these Purchase Orders is also included and recommended for minor changes, additions, and for storage fees if there are unforeseen project delays that prevent delivery and installation during the specified calendar window.

Furniture sourced through Pivot Interiors Inc. has a lead time of 10-16 weeks, and furniture sourced from One Workplace has a lead time of 18-20 weeks. Staff also expects manufacturing costs to increase on July 1, 2023 for Herman Miller and its subsidiaries.

Project Timeline
While the project is progressing well toward completion, it should be noted that construction contract substantial completion dates often change during construction as change orders can authorize additional time for various issues that affect the critical path. Staff and the construction manager believe that the PSB is on track for substantial completion in October.

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Following substantial completion, the “move-in” phase of the project will continue for several months for the installation and testing of several highly-technical and critical Public Safety, IT, Security, and Communications systems that will be housed at the new PSB. Activities that will be performed during the move-in phase, include:
• Completion of punchlist items – minor issues identified during inspections to be corrected prior to final completion of the construction contract, but that do not necessarily impact substantial completion
• Furniture Delivery and Installation
• Installation, Testing and Commissioning of City / Police IT systems • Commissioning of 9-1-1 telephone and dispatch systems • Commissioning of Radio Systems and Equipment
• Phased relocation of Dispatch Operations
• Integration of the new facility with neighboring agencies, including Silicon Valley Regional Interoperability Authority (SVRIA)
• Phased re-location of Police, Fire Department Administration and Office of Emergency Services staff from the existing facility to the new PSB site Some move-in items will occur during construction. The move-in phase is expected to continue for 3-4 months after substantial construction completion, with the new facility projected to become fully-operational in early 2024.

FISCAL/RESOURCE IMPACT
Funding for these Purchase Orders for a total of $1,236,250 is available in the Fiscal Year 2023 Adopted Capital Improvement Program budget for the Public Safety Building capital project (PE15001) and does not increase the overall PSB budget approved by Council when the construction contract was approved in early 2021.

The Purchase Order for One Workplace includes furniture from Steelcase, Coalesse, Enwork, and Jasper Seating. The following totals including applicable taxes are shown below for One Workplace.

Item Amount
Furniture and accessories $359,338.40
Freight and Installation $45,805.22
Project Management $31,428.00
Contingency $43,657.16
Total $480,228.78
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The Purchase Order for Pivot Interiors Inc. includes furniture from Herman Miller and its subsidiary companies including HAY, Geiger, and Naughtone. The following totals including applicable taxes are shown below for Pivot Interiors.

Item Amount
Furniture and accessories $526,261.33
Freight and Installation $121,956.77
Project Management $39,073.30
Contingency $68,729.14
Total $756,020.54

STAKEHOLDER ENGAGEMENT
Public Works has coordinated the furniture design with key staff from departments whose operations will be dependent upon the PSB.

ENVIRONMENTAL REVIEW
An Environmental Impact Report for the PSB and the New California Avenue Area Parking Garage was prepared and certified by Council on June 11, 2018, by adoption of Resolution No. 9772.2

ATTACHMENTS
Attachment A: Purchase Order with Pivot Interiors Inc.

Attachment B: Purchase Order with One Workplace
APPROVED BY:

Brad Eggleston, Director Public Works/City Engineer
2 Resolution 9772, 2018
https://www.cityofpaloalto.org/files/assets/public/city-clerk/resolutions/reso-9772.pdf?t=40475.53 Item 9
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This City of Palo Alto (City) Purchase Order agreement (PO) with Pivot Interiors pursuant and subject to Omnia agreement Contract 202000062 PH485, Sourcewell Contract no. 19Z08621 and Omnia agreement Contract R191819 & R191806 with Pivot Interiors for the project management, procurement of equipment and assembly services as detailed in this PO
This PO is governed by California law without regard to conflict of law principles. The venue for any dispute under this PO is Santa Clara County, California.

This PO by reference incorporates the following contract documents into this PO by reference as though fully set forth herein:

1. Omnia agreement Contract 202000062 PH485

2. Omnia agreement Contract R191819 & R191806

3. Sourcewell Contract 19Z08621

4. Pivot Interiors Quote 411901-01, 411901-02, 411901-03, 411901-04, 411901-05 and 411901-06

5. City of Palo Alto Purchase Order Terms and Conditions 0010 PIVOT Project Management PSB 1 USD 39,073.30 39,073.30 0020 PIVOT Freight & Install PSB 1 USD 121,956.77 121,956.77 Vendor Address
PIVOT INTERIORS INC.
3355 SCOTT BLVD STE 110
Santa Clara CA 95054-3138
Tel: 408-432-5600 Fax: 408-432-5601
Bill To:

City of Palo Alto
Account Payable
P.O.Box 10250
Palo Alto, CA 94303
Ship To:

Public Safety Building
City of Palo Alto
250 Sherman Avenue
Palo Alto CA 94301
Item Material/Description Quantity UM Net Price Net Amount ______________________________________
Interim Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.

DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on all documents. Complete packing lists must accompany each shipment.

INVOICE - A separate invoice is required for each order. Send to address indicated above.

City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Tel:(650)329-2271 Fax:(650)329-2468
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING

PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number 4523000432
Date 05/30/2023
Vendor No. 100165
Payment Terms Payment Due 30 days
FOB Point F.O.B Destination
Ship via Vendor to ship best method
Required Date 07/31/2023
Buyer/Phone Saira Cardoza / 650-329-2327
Email [email protected]
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER

ARRANGEMENTS ARE INDICATED HEREIN

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Item 9
Attachment A - Purchase
Order with Pivot Interiors
Inc.

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0030 PIVOT Materials PSB 1 USD 526,261.33 526,261.33
0040 PIVOT Contingency 1 USD 68,729.14 68,729.14
-------------------------
Sub-Total 756,020.54
*** ORDERING VIA EMAIL ***
**** PRICE HAS BEEN QUOTED ****
Vendor Address
PIVOT INTERIORS INC.
3355 SCOTT BLVD STE 110
Santa Clara CA 95054-3138
Tel: 408-432-5600 Fax: 408-432-5601
Bill To:

City of Palo Alto
Account Payable
P.O.Box 10250
Palo Alto, CA 94303
Ship To:

Public Safety Building
City of Palo Alto
250 Sherman Avenue
Palo Alto CA 94301
Item Material/Description Quantity UM Net Price Net Amount ______________________________________
Interim Chief Procurement Officer
Total 756,020.54
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.

INVOICE - A separate invoice is required for each order. Send to address indicated above.

ARRANGEMENTS ARE INDICATED HEREIN

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Attachment A - Purchase
Order with Pivot Interiors
Inc.

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CITY OF PALO ALTO
GDS Rev. 06/22/2016

TERMS AND CONDITIONS OF PURCHASE
PAGE 1 OF 3
ACCEPTANCE/AGREEMENT: City of Palo Alto (City) reserves the right to reject any and all quotations, to waive any informalities, and, unless otherwise specified by Seller, to accept any item in a quotation. By accepting or filing this Purchase Order (P.O.), Seller agrees to the terms and conditions herein which shall prevail over any inconsistent provision in any form or other paper submitted by Seller. All shipments or services performed shall be deemed to have been made pursuant hereto. No other terms are acceptable. This P.O., including all specifications and drawings, shall constitute the entire agreement between the parties unless modified in writing by City.

CITY'S PROPERTY: Seller agrees that the information, tools, jigs, dies, or materials, and drawings, patterns, and specification supplied or paid for by City shall be and remain City property and shall be held by Seller for City unless directed otherwise. Seller shall account for such items and keep them protected, insured, and in good working conditions without expense to City.

DELIVERY: The terms of delivery are as stated on the reverse side hereof. The obligation of Seller to meet the delivery dates, specifications, and quantities set forth herein is of the essence of this P.O. No boxing, packing, or cartage charge will be allowed unless authorized by this P.O. Deliveries are to be made both in quantities and at times specified herein or, if not, such quantities and times are specified pursuant to City's written instruction. Items not delivered may be canceled without penalty to City. Shipments in greater or lesser quantity that ordered may be returned at Seller's expense unless written authorization is issued by City.

PRICES: The price which Seller charges in filling this P.O. shall not be higher than Seller's most recent quote or charge to City for such materials, supplies, services and/or installations unless City expressly agrees otherwise in writing. Notwithstanding the prices set forth the P.O. City shall receive the benefit of any general reduction in the price of any item(s) listed herein which may be made by Seller at any time prior to the last delivery of goods or services covered by this P.O.

TERMINATION: City shall have the right to terminate this P.O. or any part thereof upon ten (10) days notice in writing to Seller.
(1) Without Cause. City may terminate all or any part of this P.O. without cause. Any claim by Seller for damages due to termination without cause must be submitted to City within thirty (30) days after effective date of termination. (2) For Cause. If Seller fails to make any delivery in accordance with the agreed delivery date, delivery schedule, or otherwise fails to observe or comply with any of the other instructions, terms, conditions or warranties applicable to this P.O., City may, in addition to any other right or remedy provided by this P.O. or by law, terminate all or any part of this P.O. in writing without any liability of City with respect to Seller at any time during the term of this P.O. In the event of termination for cause, City may purchase supplies or services elsewhere on such terms or in such manner as City may deem appropriate and Seller shall be liable to City for any cost and other expenses incurred by City, which is charged to City.

CHANGES: City shall have the right at any time by written notice via P.O. Change Order to Seller to make changes in the specifications, the quantity of items called for, delivery schedules, and requirements covering testing, packaging, or destination. Any claim by Seller for adjustment under this clause shall be deemed waived unless made in writing with then (10) days after receipt by Seller of notice of such change. Price increases or extensions of time for delivery shall not be binding on City unless evidenced by a P.O. Change Order issued by City's Purchasing Manager.

INSPECTION: City shall have the right to inspect and approve or reject any materials, supplies, services and/or installations upon arrival of notice of completion prior to payment without regard to the manner of shipment, completion, or any shipping or price terms contained in this P.O. All materials, supplies, services and/or installations must be furnished as specified.
(1) Defective, damaged, and nonconforming materials and/or supplies may be returned for credit or refund, at Seller's expense. City may charge Seller for all expenses of unpacking, examining, repacking and reshipping of such materials and/or supplies. (2) Defective, incorrect and nonconforming services and/or installations may be returned for credit or refund, at Seller's expense. All of the above notwithstanding prior payment by City.

WARRANTY: Seller expressly warrants that all materials, supplies, services and/or installations covered by this P.O. shall:
(1) conform to the specifications, drawings, samples, or other descriptions specified by City or if none are so specified, to Seller's standard specification or the standards of the ASTM or ANSI or other national standard organizations;
(2) be new and unless specified to the contrary on the face hereof, will be free from defects in material and workmanship and will be free of all liens and encumbrances and will conform to any affirmation of facts made on the container or label; (3) be adequately contained, packaged, marked, labeled and/or provided in compliance with all applicable federal and state laws and regulations (including materials deemed hazardous);
(4) be performed within the rules and regulations of the Occupational Safety and Health Act of 1970 (as amended);
(5) be produced or transferred or disposed of as required by federal and state laws and regulation under the conditions of the Toxic Substances Control Act; the Hazardous Materials Control and Hazardous Waste Regulations; and other toxic laws and programs.

Seller further expressly agrees to protect, indemnify, and hold harmless City, its employees and agents for any loss, damage, fine, liability, fee (including reasonable charges and fees) or expense arising in connection with or resulting from Seller's failure to furnish materials or supplies or perform services that conform with any warranty contained herein. (6) have good marketable title.

GOVERNING LAW: This P.O. shall be governed by the laws of the State of California.

INDEPENDENT CONTRACTOR, INSURANCE: Seller certifies, by acceptance, that he/she is an independent contractor. Seller shall protect, defend, and indemnify and hold City harmless against all damages, liability, claims, losses and expenses (including attorney's fees) arising out of , or resulting in any way from Seller's negligence in providing the goods or services purchased hereunder or from any act or omission of Seller, its agents, employees, or subcontractors, Seller shall maintain such public liability insurance, including contractual liability, automobile and general public liability, (including non-owned automobile liability) Worker's Compensation, and employer's liability insurance as well adequately protect City against such damage, liabilities, claims, losses, and expenses (including attorney's fees).

Seller agrees to submit certificates of insurance, evidencing its insurance coverage when requested by City.

EQUAL OPPORTUNITY CLAUSE: By acceptance of this P.O., Seller certifies it is in compliance with the Equal Opportunity Clause required by Executive Order 11246, as amended, and the Palo Alto Municipal Code, as amended, including Affirmative Action Compliance Programs for Veterans; Handicapped; and Minority Business, and other equal opportunity programs.

FORCE MAJEURE: City may delay delivery or acceptance occasioned by causes beyond its control. Seller shall hold such materials, supplies, services and or installations at the direction of City and shall deliver them when the cause affecting the delay has been removed. City shall be responsible only for Seller's direct additional costs in holding the goods or delaying performance of this P.O. and City's request. Seller shall also be excused if delivery is delayed by unforeseen events beyond its reasonable control, provided Seller notifies City as soon as they occur. City may cancel this P.O. if such delay exceeds thirty (30) days from the original delivery date. Seller shall use its best efforts to grant preference to this P.O. over those of other customers, which were placed after this P.O.

AUTHORITY OF AGENT OR FACTOR: Seller represents that, whenever it executes this P.O. on behalf of a third party as an agent or factor, it shall disclose the existence of the agency or factor relationship to City. Seller shall be deemed to have the legal authority to enter into this P.O. with City on behalf of the third party.

INTERPRETATION OF CONTRACT DOCUMENTS: In the event of a conflict between the terms of this P.O. and the attached specification with respect to any obligation of Seller, the provision which impose the greater obligations upon Seller shall prevail.

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Order with Pivot Interiors
Inc.

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CITY OF PALO ALTO
GDS Rev. 06/22/2016

TERMS AND CONDITIONS OF PURCHASE
PAGE 2 OF 3
ENVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS: Seller agrees to comply with the City's Environmentally Preferred Purchasing Requirements. (1) Hazardous Waste:

Seller shall take-back all spent or otherwise discarded hazardous products sold to the City by the Seller if the spent or discarded products are classified as hazardous or universal wastes by State or Federal regulations. Seller shall provide convenient collection and recycling services (or disposal services if recycling technology is unavailable) for all universal wastes, which originate from the Vendor. Hazardous waste manifests or bills of lading must be provided to City staff upon request. Recycling and reuse of hazardous wastes must occur within the United States. Universal waste lists and information are available www.dtsc.ca.gov/HazardousWaste/UniversalWaste/. A hazardous waste list is available at http://www.calrecycle.ca.gov/LEA/Training/wasteclass/yep.htm. Additional information can be obtained by contacting the City of Palo Alto Hazardous Waste Department at (650) 496-6980.
(2) Zero Waste and Pollution Prevention:

Per Palo Alto City Council policy, the City is targeting to achieve Zero Waste by 2021. The City must also meet Municipal Regional Stormwater Permit requirements requiring no visible impact from litter via stormdrains by 2022. To that end the vendor, manufacturer and or contractor must individually or collaboratively comply with the waste reduction, reuse and recycling requirements of the City's Zero Waste and Pollution Prevention Programs. Seller acknowledges and agrees that if Seller fails to fully and satisfactorily comply with these requirements, the City will suffer, as a result of Seller's failure, substantial damages which are both extremely difficult and impracticable to ascertain. Therefore, the Seller agrees that in addition to all other damages to which the City may be entitled, in the event Seller fails to comply with the below requirements Seller shall pay City as liquidated damages the amounts specified below. The liquidated damage amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer as a result of such non-compliance.

Sellers shall adhere to the standard that all printed materials provided to the City that are generated from a personal computer and printer including, proposals, quotes, invoices, reports, and public education materials shall be double-sided, printed on a minimum of 30% post-consumer content paper or greater unless otherwise approved by the City's Environmental Services Division (650) 329-2117. Materials printed by a professional printing company shall be a minimum of 30% post-consumer material or greater and printed with vegetable based inks. Liquidated damages of $30 per document will be assessed by City for failure to adhere to this requirement.

All paper packaging must be Forest Stewardship Council (FSC) Certified.

All primary, secondary and shipping (tertiary) packaging be minimized to the maximum extent feasible while protecting the product being shipped.

All primary, secondary and shipping packaging shall be recyclable in the City's recycling program. A complete list of items accepted for recycling are found at www.zerowastepaloalto.org or by calling (650) 496-5910. If any portion is received that does not meet this requirement, liquidated damages of $235 or a minimum of $50 if the combined product and shipping cost is $235 or less will be assessed by City for failure to adhere to this requirement.

Expanded foam plastics (e.g., foam or cushion blocks, trays, packing 'peanuts'), such as but not limited to polystyrene (aka Styrofoam[tm]), polypropylene, or polyurethane shall not be used as primary, secondary or tertiary/shipping packaging with the following exceptions:
o Primary packaging made from these materials may be used if the vendor, manufacturer, contractor individually or collaboratively does one of the following:
(a) takes the material back at the City's convenience and at no cost to the City, or (b) pays the City of Palo Alto's disposal costs via payment of liquidated damages of $235, or a minimum of $50 if the combined product and shipping cost is $235 or less. o Bioplastics that meet ASTM D6400 standards for compostability may be accepted with approval from the City's Environmental Services Division subject to local municipal compost facility requirements.
o If approved by the City's Environmental Services Division, a packaging requirement may be waived if no other viable packaging alternative exists.

Reusable/returnable pallets shall be used and taken back by the Seller, at no additional cost to the City. Seller shall provide documentation upon request ensuring reuse of pallets and/or recycling of broken pallets. Liquidated damages of $262 or a minimum of $50 if the combined product and shipping cost is $262 or less will be assessed by City for failure to adhere to this requirement.
(3) Energy and Water Efficiency:

Seller shall provide products with an ENERGY STAR, Water Sense or State of California standard rating, whichever is more efficient, when ratings exist for those products. A life cycle cost analysis shall be provided to the City upon request and shall at minimum include:
first cost, operating costs, maintenance costs, and disposal costs.

Contacts for additional information about City of Palo Alto Hazardous Waste, Zero Waste and Utilities programs:

Hazardous Waste Program (Public Works)
(650) 496-6980
Zero Waste Program (Public Works)
(650) 496-5910
Watershed Protection
(650) 329-2117
Energy Efficiency
(650) 496-2244
(4) Liquidated Damages:

Seller agrees that failure to comply with the City's Environmentally Preferred Purchasing Requirements will result in Liquidated Damages, according to the table marked Liquidated Damages on page 3 of this P.O.

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Attachment A - Purchase
Order with Pivot Interiors
Inc.

Item 9: Staff Report Pg. 9 Packet Pg. 121 of 911
Event of Non-Performance
Recycled Paper Use
Failure to use 30% recycled content paper
Recyclable Packaging Materials
Failure of Seller to use secondary and shipping packaging that is recyclable in the City's recycling program.

Expanded Foam Plastics
Unapproved use of expanded foam plastics for secondary or shipping packaging
Pallet Use
Failure of Seller to take-back and reuse pallets, recycling only broken pallets, at no additional cost to the City.

Acceptable Performance Level
(Allowed events per Fiscal Year)
1 1
0 1
Liquidated Damage Amount
$30 per each document
$235 or a minimum of $50 if the combined product
and shipping cost is $250 or less will be incurred if
this is not adhered to.
$235 or a minimum of $50 if the combined product
and shipping cost is $235 or less
$262 or a minimum of $50 if the combined product
and shipping cost is $2 or less

CITY OF PALO ALTO
GDS Rev. 06/22/2016

TERMS AND CONDITIONS OF PURCHASE
NONCOMPLIANCE WITH ENVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS, LIQUIDATED DAMAGES:

The following table lists the events that constitute breaches of the Agreement's standard of performance warranting the imposition of liquidated damages; the acceptable performance level, and the amount of liquidated damages for failure to meet the contractually required standards of performance.

PAGE 3 OF 3
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Order with Pivot Interiors
Inc.

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This City of Palo Alto (City) Purchase Order agreement (PO) with One Workplace is made pursuant and subject to Sourcewell Contract #19Z08621 and Omnia agreement Contract R191819 & R191806 with One Workplace for the procurement of the equipment detailed in this PO.

This PO is governed by California law without regard to conflict of law principles. The venue for any dispute under this PO is Santa Clara County, California.

This PO by reference incorporates the following contract documents into this PO by reference as though fully set forth herein:

1. Sourcewell Contract No. 19Z08621

2. Omnia agreement Contract R191819

3. Omnia agreement Contract R191806

4. Quote 701689

5. City of Palo Alto Purchase Order Terms and Conditions 0010 Project Management PSB PE-15001 1 USD 31,428.00 31,428.00 0020 Freight and Installation 1 USD 45,805.22 45,805.22 0030 Materials 1 USD 359,338.40 359,338.40
Vendor Address
ONE WORKPLACE L.FERRARI, LLC
2500 DE LA CRUZ BLVD.

Santa Clara CA 95050
Tel: 415-357-2200 Fax: 415-357-2201
Bill To:

City of Palo Alto
Account Payable
P.O.Box 10250
Palo Alto, CA 94303
Ship To:

INVOICE - A separate invoice is required for each order. Send to address indicated above.

PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number 4523000434
Date 05/30/2023
Vendor No. 106158
Payment Terms Payment Due 30 days
FOB Point F.O.B Destination
Ship via Vendor to ship best method
Required Date 07/31/2023
Buyer/Phone Saira Cardoza / 650-329-2327
Email [email protected]
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER

ARRANGEMENTS ARE INDICATED HEREIN

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Order with One
Workplace
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0040 Contingency 1 USD 43,657.16 43,657.16
-------------------------
Sub-Total 480,228.78
*** ORDERING VIA EMAIL ***
**** PRICE HAS BEEN QUOTED ****
Vendor Address
ONE WORKPLACE L.FERRARI, LLC
2500 DE LA CRUZ BLVD.

Santa Clara CA 95050
Tel: 415-357-2200 Fax: 415-357-2201
Bill To:

City of Palo Alto
Account Payable
P.O.Box 10250
Palo Alto, CA 94303
Ship To:

Public Safety Building
City of Palo Alto
250 Sherman Avenue
Palo Alto CA 94301
Item Material/Description Quantity UM Net Price Net Amount ______________________________________
Interim Chief Procurement Officer
Total 480,228.78
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.

INVOICE - A separate invoice is required for each order. Send to address indicated above.

ARRANGEMENTS ARE INDICATED HEREIN

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Attachment B - Purchase
Order with One
Workplace
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CITY OF PALO ALTO
GDS Rev. 06/22/2016

GOVERNING LAW: This P.O. shall be governed by the laws of the State of California.

Seller agrees to submit certificates of insurance, evidencing its insurance coverage when requested by City.

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Order with One
Workplace
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CITY OF PALO ALTO
GDS Rev. 06/22/2016

All paper packaging must be Forest Stewardship Council (FSC) Certified.

All primary, secondary and shipping (tertiary) packaging be minimized to the maximum extent feasible while protecting the product being shipped.

Contacts for additional information about City of Palo Alto Hazardous Waste, Zero Waste and Utilities programs:

Hazardous Waste Program (Public Works)
(650) 496-6980
Zero Waste Program (Public Works)
(650) 496-5910
Watershed Protection
(650) 329-2117
Energy Efficiency
(650) 496-2244
(4) Liquidated Damages:

Item 9
Attachment B - Purchase
Order with One
Workplace
Item 9: Staff Report Pg. 14 Packet Pg. 126 of 911
Event of Non-Performance
Recycled Paper Use
Failure to use 30% recycled content paper
Recyclable Packaging Materials
Failure of Seller to use secondary and shipping packaging that is recyclable in the City's recycling program.

CITY OF PALO ALTO
GDS Rev. 06/22/2016

TERMS AND CONDITIONS OF PURCHASE
NONCOMPLIANCE WITH ENVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS, LIQUIDATED DAMAGES:

PAGE 3 OF 3
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Attachment B - Purchase
Order with One
Workplace
Item 9: Staff Report Pg. 15 Packet Pg. 127 of 911
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: June 19, 2023
Report #:2303-1226
TITLE
Approval of a one-year General Services contract with Stephen Ciari Plumbing and Heating, Inc. for Backflow Prevention Devices Testing, Repair, and Certification Services and Approval of a FY 2023 Budget Amendment in the General Fund; CEQA Status – Categorically Exempt 15301 and 15302

RECOMMENDATION
Staff recommends that Council:

1. Approve and authorize the City Manager or their designee to execute contract C23187444 with Stephen Ciari Plumbing and Heating, Inc. in the amount of $146,308 for Backflow Prevention Device Testing, Repair, and Certification Services; and

2. Authorize the City Manager or their designee to negotiate and execute one or more change orders to the contract with Stephen Ciari Plumbing and Heating, Inc. for related, additional but unforeseen work which may develop during the contract period, the total value of which shall not exceed $14,630; and

3. Amend the Fiscal Year 2023 budget appropriation for the General Fund (requires a 2/3 vote) by:
a) Increasing the Public Works Department Public Services Division operating budget ongoing contract expenses expenditure by $55,911;
b) Increasing the Community Services Department Parks Division operating budget ongoing contract expenses expenditure by $55,911; and
c) Decreasing the Budget Stabilization Reserve by $111,822.

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BACKGROUND
In accordance with State law, backflow prevention devices require annual testing and certification. The testing of City of Palo Alto-owned backflow prevention devices must follow current regulations of the California State Department of Public Health contained in Title 17 of the California Administrative Code, Chapter 5, Subchapter 1, Group 4, Sections 7583 through 7604.

ANALYSIS
Scope Overview
The City has about 400 backflow devices that need to be tested and certified annually. Prior to starting work, the contractor is required to meet with City of Palo Alto Cross Connection Control Staff from the Utilities Department, who will provide prefilled test forms and tags for known devices. The annual inspections will occur in July, and repairs or replacements will immediately follow. There are also miscellaneous inspections, repairs, or replacements that happen throughout the year.

Bid Process
On March 14, 2023, a notice inviting formal bids for Backflow Prevention Device Testing, Repair, and Certification Services was posted on the PlanetBids website. The bidding period was 15 days. Bids were received from two qualified contractors on March 28, 2023, as listed on the attached Bid Summary (Attachment A).

Summary of Bid Process
Bid Name/Number
Backflow Prevention Devise Testing,
Repair, and Certification Services
RFQ #187444
Proposed Length of Contract Three Years
Total Days to Respond to Bid 15
Number of Bids Received 2
Bid Price Range $457,791 to $693,979
Staff has reviewed the submitted bids and recommends that the bid of $457,791 submitted by Stephen Ciari Plumbing and Heating, Inc. be accepted and that Stephen Ciari Plumbing and Heating, Inc. be declared the lowest responsible bidder. The award of contract1 includes the base bid, but for a term of one year rather than the three-year term originally included in the procurement. The change order amount of $14,630 (which equals 10 percent of the total 1 Stephen Ciari Plumbing and Heating, Inc C23187444: https://www.cityofpaloalto.org/files/assets/public/publicworks/public-services/contracts/contract-c23187444-stephen-ciari-plumbing-and-heating-inc.pdf Item 10
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contract) is requested for related, additional but unforeseen work which may develop during the contract term. Staff confirmed with the Contractor's State License Board that the contractor has an active license on file. Staff also confirmed with the California Department of Industrial Relations (DIR) that the contractor has an active DIR registration.

Contract Cost Increases
The prior three-year contract was $122,325. The new three-year contract total as submitted by the low bidder was $457,791. As a comparison, individual inspection costs under the previous contract were $75 whereas for the new contract, they are ranging from $229 to $611.

Prevailing and union wage rates have substantially increased in the last three years.

Additionally, the prior contractor had significant and ongoing performance issues in completing the required work, which may have been related to their lower costs in comparison to other contractors. Staff contacted other local cities to ask for cost comparisons, but was unable to obtain comparisons. Several cities stated that they perform this work in-house. Staff also contacted one of the contractors who downloaded the bid package but chose not to submit a bid. The contractor verbally stated a price higher than the two bids that were received as the bid they had developed but decided not to submit.

Given the significantly higher cost of the new contract, staff recommends approval of a oneyear contract rather than the three-year contract originally intended under the procurement.

After further review, staff believes that the tight timeframe requirement to complete all testing and any needed repairs may have contributed to higher bids. Staff is reevaluating this requirement and will adjust the contract specifications to provide greater flexibility to bidders and complete a new procurement prior to the expiration of the recommended one-year contract. Additionally, the Utilities Department is considering a potential in-house model under which Utilities staff would conduct backflow prevention device testing for all water utility customers.

FISCAL/RESOURCE IMPACT
Funding for a portion of the first year of the Backflow Prevention Device Testing, Repair, and Certification Services contract is available in the Fiscal Year 2023 Public Works Department and Community Services Department operating budgets. For the remaining portion, staff recommends increasing the Fiscal Year 2023 budget by $55,911 in the Public Works operating budget and by $55,911 in the Community Services operating budget, and decreasing the Budget Stabilization Reserve (BSR) by $111,822. This draw would reduce the BSR to $52.8 million, this reserve level is 19% of General Fund expenses, above the Council target of 18.5% however, impact the estimates used to develop the FY 2024 Proposed Budget as this use was not included.

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STAKEHOLDER ENGAGEMENT
Ten contractors were notified through Planetbids for this solicitation. Staff will be notified if testing or repair work will be disruptive in their workspace.

ENVIRONMENTAL REVIEW
This contract is categorically exempt from the California Environmental Quality Act (CEQA) under Sections 15301 and 15302 of the CEQA guidelines as an alteration to an existing facility and no further environmental review is necessary.

ATTACHMENTS
Attachment A: Bid Summary for Backflow Prevention Devices Testing, Repair, and Certification Services
APPROVED BY:

Brad Eggleston, Director Public Works/City Engineer
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Bid Summary
Backflow Prevention Devices Testing, Repair, and Certification Services RFQ187444
Vendor Name Bid Amount
Stephen Ciari Plumbing and Heating, Inc. $457,791.35
Backflow Prevention Specialists $693,979.19
Item 10
Attachment A - Bid
Summary for Backflow
Prevention Devices
Testing, Repair, and
Certification Services
Item 10: Staff Report Pg. 5 Packet Pg. 132 of 911
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Fire
Meeting Date: June 19, 2023
Report #:2305-1461
TITLE
Approval of Amendment No. 1 with South Bay Regional Public Safety Training Consortium (Contract No S23187799) for Fire Academy and Other Training Services extended through 12/31/2023 and increasing the total compensation by $114,370 for a total contract amount not to exceed $199,000. CEQA status: not a project.

RECOMMENDATION
Staff recommends that the Council approve and authorize the City Manager or their designee to execute Amendment No. 1 to Contract No. S23187799 with South Bay Regional Public Safety Training Consortium (Attachment A) for Fire Academy training services and performance evaluations for Firefighter 1 and 2 qualifications, to extend term to December 31, 2023, and to increase the contract compensation by $114,370 for the additional services over the extended term. This amendment results in a revised total contract amount not to exceed amount of $199,000.

BACKGROUND
The Palo Alto Fire Department has recently hired 12 new Firefighters who require comprehensive training. After hiring a recruit, each firefighter must undergo training as per the California State Fire curriculum, which encompasses Firefighter 1 and Firefighter 2 qualifications. The curriculum requires approximately 21 weeks of instruction, with two weeks of planning before the beginning of the academy.

Training requires an approved facility that meets the specifications of the State Fire Marshal’s office, with a state-approved classroom and training grounds. South Bay Regional Public Safety Training Consortium (South Bay) possesses such a facility, and a team of industry experts who are certified instructors throughout California. In this contract, they will provide the training site, logistics, instructors, equipment, and all required state documentation to certify firefighters for the Palo Alto Fire Department.

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In April 2023, staff executed a contract through June 30, 2023 with South Bay, totaling $84,630,(Attachment B). This contract exclusively covered the Firefighter 1 Training academy.

An exemption to competitive solicitation was approved by the City Manager in accordance with PAMC 2.30.360(d) due to South Bay being the only source available to provide services with the time-sensitive nature of the Fire Department’s requirements and the need for an experienced training service provider.

ANALYSIS
Given the Fire Department's inability to host the remainder of the Firefighter 2 academy, to facilitate this additional training staff recommends an amendment to the existing contract with South Bay, increasing the contract's value by $114,370 and extending its duration to December 31, 2023.

The proposed contract amendment brings the total academy and additional training value to $199,000, an increase from its original focus on Firefighter 1 training alone. This new total includes optional courses such as driver training, pump/hydraulic training, and other rescuerelated courses necessary to serve the community.

Previously, from July 2022 to February 2023, the Fire Department contracted with South Bay for $49,900 for non-hosted Firefighter 1 & Firefighter 2 training. This contract included instruction for approximately 3 recruits in a Joint Fire Academy using the approved training site of another fire department. Currently, no joint academy has the capacity to accommodate the current group of 12 hires.

While South Bay is a commonly used provider across the County of Santa Clara, the Fire Department aims to participate in a solicitation and competitive bidding process for calendar year 2024. It is necessary to amend our existing contract to continue new firefighter training and extend the contract period to the end of calendar year 2023 due to the pressing need for firefighter staffing and the current timeline of recruiting and training.

FISCAL/RESOURCE IMPACT
The fiscal impact of this amendment includes an increase in compensation by $114,370, leading to a new total not-to-exceed contract amount of $199,000. Funds were approved by the Council to be appropriated for the new hire costs for the 12 recruits as part of the Fiscal Year 2023 Midyear Budget Review (CMR 2212-05151).

STAKEHOLDER ENGAGEMENT
Staff coordinated internally with procurement staff and legal support to review and execute this amendment.
1 https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=1073 Item 11
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ENVIRONMENTAL REVIEW
The contract amendment involves no physical changes to the environment or to any physical project that has been approved. Therefore, it is not subject to environmental review under the California Environmental Quality Act (CEQA).

ATTACHMENTS
Attachment A: Contract Amendment No.1 with South Bay Regional Training Attachment B: Current contract No. S23187799 with South Bay Regional Training APPROVED BY:

Geoffrey Blackshire, Fire Chief
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Vers.: Aug. 5, 2019

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AMENDMENT NO. 1 TO CONTRACT NO. S23187799

BETWEEN THE CITY OF PALO ALTO AND

SOUTH BAY REGIONAL PUBLIC SAFETY TRAINING CONSORTIUM
This Amendment No. 1 (this “Amendment”) to Contract No. S23187799 (the “Contract” as defined below) is entered into as of June 19, 2023, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and SOUTH BAY REGIONAL PUBLIC SAFETY TRAINING CONSORTIUM, located at 560 Bailey Avenue, San Jose, CA 95141 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment.

R E C I T A L S
A. The Contract was entered into by and between the Parties hereto for the provision of proving Firefighter 1 training to new Fire Department recruits, as detailed therein.

B. The Parties now wish to amend the Contract in order to expand the scope of services to include Firefighter 2 training and optional certifications, extend the term an additional six (6) months until December 31, 2023 and increase the total not-to-exceed amount of the Contract by One Hundred Fourteen Thousand Three Hundred Seventy Dollars ($114,370) from Eighty-Four Thousand Six Hundred Thirty Dollars ($84,630) to a new total not-to-exceed amount of One Hundred Ninety-Nine Thousand Dollars ($199,000); to as detailed herein.

NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree:

SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. S23187799 between CONSULTANT and CITY, dated April 5, 2023.
b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.

SECTION 2. Section 2 “TERM” of the Contract is hereby amended to read as follows:
“SECTION 2. TERM.

The term of this Agreement shall be from the date of its full execution through December 31, 2023 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.”
DocuSign Envelope ID: 7840F7AC-39A6-4F21-B1E1-8CEF5DD5744B Item 11
Attachment A - Contract
Amendment No.1 with
South Bay Regional
Training
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Vers.: Aug. 5, 2019

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SECTION 3. Section 4 “NOT TO EXCEED COMPENSATION” of the Contract is hereby amended to add the following:
“SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not-to-exceed amount of One Hundred Ninety-Nine Thousand Dollars ($199,000). The schedule ofrates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.” SECTION 4. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “A” entitled “SCOPE OF SERVICES”, AMENDED , REPLACES PREVIOUS. b. Exhibit “C” entitled “COMPENSATION”, AMENDED, REPLACES PREVIOUS. c. Exhibit “C-1” entitled “SCHEDULE OF RATES”, AMENDED, REPLACES PREVIOUS.

SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.

SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
DocuSign Envelope ID: 7840F7AC-39A6-4F21-B1E1-8CEF5DD5744B Item 11
Attachment A - Contract
Amendment No.1 with
South Bay Regional
Training
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Vers.: Aug. 5, 2019

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Palo Alto City CouncilJune 19, 2023

Palo Alto City Council
June 19, 2023