CITY COUNCIL
Regular Meeting
Monday, February 12, 2024
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 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
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
CLOSED SESSION (5:30 ‐ 6:00 PM)
AA1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8 Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site) Negotiating Party: Palo Alto Unified School District City Negotiators:
(Ed Shikada, Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong) Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of Payment New Item added
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:00 ‐ 6:15 PM)
Members of the public may speak to any item NOT on the agenda. 1‐3 minutes depending on # of speakers. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:15 ‐ 6:20 PM) Members of the public may not speak to the item(s).
STUDY SESSION (6:20 ‐ 7:50 PM)
1. Reliability and Resiliency Strategic Plan for the City’s Electric Utility CONSENT CALENDAR (7:50 ‐ 7:55 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
2. Approval of Minutes from January 22, 2024 and January 29, 2024 Meetings
3. Approval of Contract Number C24187805 With Carollo Engineers, Inc. in the Total Amount Not‐to‐Exceed $1,628,326 for Planning and Preliminary Design of a Headworks Facility at the Regional Water Quality Control Plant, funded by Wastewater Treatment Enterprise Fund Capital Improvement Program Project WQ‐16002; CEQA Status – Not a “Project.”
4. Approval of Two General Services Contracts in the Wastewater Treatment Enterprise Fund: a Contract with Lystek International Limited in an Amount Not to Exceed $5,322,769 and a Contract with Synagro‐WWT, Inc. in an Amount Not to Exceed $7,617,013, Both for Offsite Sludge Treatment Services for a Five‐Year Term; CEQA status ‐ exempt
5. Adoption of Resolution to Authorize Stanford University to Enforce Unauthorized Parking in Several of Its Parking Facilities under Vehicle Code § 21107.8; CEQA Status – Not a Project
6. Approval of Contract Number C24188120 with Summit Uniforms, LLC for Five Years for a Maximum Compensation Amount Not‐to‐Exceed $720,000 ($144,000/yr) for the Purchase of Police, Fire, and Park Ranger Uniforms and Related Equipment; CEQA status ‐ not a project.
7. Approval of a General Services Contract Number C24189570 with Downtown Streets Team, Inc. in an Amount Not to Exceed $528,409 for Cleaning Services in the University Avenue and California Avenue Business Districts for a Period of Three Years; CEQA status – Not a Project
8. Approval of Contract Amendments with AgreeYa Solutions, INC., Elegant Enterprise‐Wide Solutions, INC., Forsys, INC., Object Technology Solutions, INC., Techlink Systems, INC., ZION Cloud Solutions, INC., and Inspyr Solutions, LLC., for IT On‐Call Professional Services, to Increase the Combined Annual Not‐To‐Exceed Amount to $1,250,000 and a Contract Not‐To‐Exceed total of $3,940,000; CEQA Status ‐ Not a Project.
9. Approval of Contract No. C24188884 With WaterTALENT, LLC for Temporary Consultant Support for Public Works and Utilities Departments in a Not to Exceed Amount of $1,896,000 Over Three Years, With Two One‐Year Extension Options; Not to Exceed $830,400 for Year One and Not to Exceed $532,800 per Year for Years Two and Three and Optional Extensions if Authorized; CEQA Status ‐ Not a Project CITY MANAGER COMMENTS (7:55 ‐ 8:10 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 10: 8:20 ‐ 9:05 PM, Item 11: 9:05 ‐ 10:35 PM, Item 12: 10:35 ‐ 10:50 PM ) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
10. Adopt a Resolution Modifying the City’s Objective Design Standards for SB 9 Projects.
11. Discuss the FY 2024 Mid‐Year Budget Review and Approve 1) FY 2024 Budget Amendments in Various Funds, and 2) Amendments to the FY 2024 Table of Organization to add 1.00 Full Time Equivalent (FTE) Position. CEQA Status – Not a Project.
12. Adoption of a Resolution Certifying the Need for an Exception to the California Public Employees Retirement System (CalPERS) 180‐day Waiting Period to Hire Matthew Raschke as a Retired Annuitant Extra Help Senior Engineer. CEQA status ‐ Not a Project
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
13. Informational Update: Recently Promulgated and Pending Federal Regulations Governing Lead in Drinking Water
14. Investment Activity Report for the Second Quarter, Fiscal Year 2024
15. Sales Tax Digest Summary Calendar 2023 (July 2023 ‐ Sept 2023) OTHER INFORMATION
Standing Committee Meetings this week
Policy & Services Committee February 13, 2024
City/School Liaison Committee February 15, 2024
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
AA1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8 Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site) Negotiating Party: Palo Alto Unified School District City Negotiators:
(Ed Shikada, Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong) Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of Payment New Item added
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA)
It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
1 February 12, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas.
CITY COUNCIL
Regular Meeting
Monday, February 12, 2024
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 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
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
CLOSED SESSION (5:30 ‐ 6:00 PM)
AA1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8 Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site) Negotiating Party: Palo Alto Unified School District City Negotiators:
(Ed Shikada, Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong) Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of Payment New Item added
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:00 ‐ 6:15 PM)
Members of the public may speak to any item NOT on the agenda. 1‐3 minutes depending on # of speakers. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:15 ‐ 6:20 PM) Members of the public may not speak to the item(s).
STUDY SESSION (6:20 ‐ 7:50 PM)
1. Reliability and Resiliency Strategic Plan for the City’s Electric Utility CONSENT CALENDAR (7:50 ‐ 7:55 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
2. Approval of Minutes from January 22, 2024 and January 29, 2024 Meetings
3. Approval of Contract Number C24187805 With Carollo Engineers, Inc. in the Total Amount Not‐to‐Exceed $1,628,326 for Planning and Preliminary Design of a Headworks Facility at the Regional Water Quality Control Plant, funded by Wastewater Treatment Enterprise Fund Capital Improvement Program Project WQ‐16002; CEQA Status – Not a “Project.”
4. Approval of Two General Services Contracts in the Wastewater Treatment Enterprise Fund: a Contract with Lystek International Limited in an Amount Not to Exceed $5,322,769 and a Contract with Synagro‐WWT, Inc. in an Amount Not to Exceed $7,617,013, Both for Offsite Sludge Treatment Services for a Five‐Year Term; CEQA status ‐ exempt
5. Adoption of Resolution to Authorize Stanford University to Enforce Unauthorized Parking in Several of Its Parking Facilities under Vehicle Code § 21107.8; CEQA Status – Not a Project
6. Approval of Contract Number C24188120 with Summit Uniforms, LLC for Five Years for a Maximum Compensation Amount Not‐to‐Exceed $720,000 ($144,000/yr) for the Purchase of Police, Fire, and Park Ranger Uniforms and Related Equipment; CEQA status ‐ not a project.
7. Approval of a General Services Contract Number C24189570 with Downtown Streets Team, Inc. in an Amount Not to Exceed $528,409 for Cleaning Services in the University Avenue and California Avenue Business Districts for a Period of Three Years; CEQA status – Not a Project
8. Approval of Contract Amendments with AgreeYa Solutions, INC., Elegant Enterprise‐Wide Solutions, INC., Forsys, INC., Object Technology Solutions, INC., Techlink Systems, INC., ZION Cloud Solutions, INC., and Inspyr Solutions, LLC., for IT On‐Call Professional Services, to Increase the Combined Annual Not‐To‐Exceed Amount to $1,250,000 and a Contract Not‐To‐Exceed total of $3,940,000; CEQA Status ‐ Not a Project.
9. Approval of Contract No. C24188884 With WaterTALENT, LLC for Temporary Consultant Support for Public Works and Utilities Departments in a Not to Exceed Amount of $1,896,000 Over Three Years, With Two One‐Year Extension Options; Not to Exceed $830,400 for Year One and Not to Exceed $532,800 per Year for Years Two and Three and Optional Extensions if Authorized; CEQA Status ‐ Not a Project CITY MANAGER COMMENTS (7:55 ‐ 8:10 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 10: 8:20 ‐ 9:05 PM, Item 11: 9:05 ‐ 10:35 PM, Item 12: 10:35 ‐ 10:50 PM ) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
10. Adopt a Resolution Modifying the City’s Objective Design Standards for SB 9 Projects.
11. Discuss the FY 2024 Mid‐Year Budget Review and Approve 1) FY 2024 Budget Amendments in Various Funds, and 2) Amendments to the FY 2024 Table of Organization to add 1.00 Full Time Equivalent (FTE) Position. CEQA Status – Not a Project.
12. Adoption of a Resolution Certifying the Need for an Exception to the California Public Employees Retirement System (CalPERS) 180‐day Waiting Period to Hire Matthew Raschke as a Retired Annuitant Extra Help Senior Engineer. CEQA status ‐ Not a Project
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
13. Informational Update: Recently Promulgated and Pending Federal Regulations Governing Lead in Drinking Water
14. Investment Activity Report for the Second Quarter, Fiscal Year 2024
15. Sales Tax Digest Summary Calendar 2023 (July 2023 ‐ Sept 2023) OTHER INFORMATION
Standing Committee Meetings this week
Policy & Services Committee February 13, 2024
City/School Liaison Committee February 15, 2024
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
AA1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8 Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site) Negotiating Party: Palo Alto Unified School District City Negotiators:
(Ed Shikada, Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong) Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of Payment New Item added
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
2 February 12, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, February 12, 2024
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 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
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
CLOSED SESSION (5:30 ‐ 6:00 PM)
AA1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8 Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site) Negotiating Party: Palo Alto Unified School District City Negotiators:
(Ed Shikada, Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong) Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of Payment New Item added
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:00 ‐ 6:15 PM)
Members of the public may speak to any item NOT on the agenda. 1‐3 minutes depending on # of speakers. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:15 ‐ 6:20 PM) Members of the public may not speak to the item(s).
STUDY SESSION (6:20 ‐ 7:50 PM)
1. Reliability and Resiliency Strategic Plan for the City’s Electric Utility CONSENT CALENDAR (7:50 ‐ 7:55 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
2. Approval of Minutes from January 22, 2024 and January 29, 2024 Meetings
3. Approval of Contract Number C24187805 With Carollo Engineers, Inc. in the Total Amount Not‐to‐Exceed $1,628,326 for Planning and Preliminary Design of a Headworks Facility at the Regional Water Quality Control Plant, funded by Wastewater Treatment Enterprise Fund Capital Improvement Program Project WQ‐16002; CEQA Status – Not a “Project.”
4. Approval of Two General Services Contracts in the Wastewater Treatment Enterprise Fund: a Contract with Lystek International Limited in an Amount Not to Exceed $5,322,769 and a Contract with Synagro‐WWT, Inc. in an Amount Not to Exceed $7,617,013, Both for Offsite Sludge Treatment Services for a Five‐Year Term; CEQA status ‐ exempt
5. Adoption of Resolution to Authorize Stanford University to Enforce Unauthorized Parking in Several of Its Parking Facilities under Vehicle Code § 21107.8; CEQA Status – Not a Project
6. Approval of Contract Number C24188120 with Summit Uniforms, LLC for Five Years for a Maximum Compensation Amount Not‐to‐Exceed $720,000 ($144,000/yr) for the Purchase of Police, Fire, and Park Ranger Uniforms and Related Equipment; CEQA status ‐ not a project.
7. Approval of a General Services Contract Number C24189570 with Downtown Streets Team, Inc. in an Amount Not to Exceed $528,409 for Cleaning Services in the University Avenue and California Avenue Business Districts for a Period of Three Years; CEQA status – Not a Project
8. Approval of Contract Amendments with AgreeYa Solutions, INC., Elegant Enterprise‐Wide Solutions, INC., Forsys, INC., Object Technology Solutions, INC., Techlink Systems, INC., ZION Cloud Solutions, INC., and Inspyr Solutions, LLC., for IT On‐Call Professional Services, to Increase the Combined Annual Not‐To‐Exceed Amount to $1,250,000 and a Contract Not‐To‐Exceed total of $3,940,000; CEQA Status ‐ Not a Project.
9. Approval of Contract No. C24188884 With WaterTALENT, LLC for Temporary Consultant Support for Public Works and Utilities Departments in a Not to Exceed Amount of $1,896,000 Over Three Years, With Two One‐Year Extension Options; Not to Exceed $830,400 for Year One and Not to Exceed $532,800 per Year for Years Two and Three and Optional Extensions if Authorized; CEQA Status ‐ Not a Project CITY MANAGER COMMENTS (7:55 ‐ 8:10 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 10: 8:20 ‐ 9:05 PM, Item 11: 9:05 ‐ 10:35 PM, Item 12: 10:35 ‐ 10:50 PM ) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
10. Adopt a Resolution Modifying the City’s Objective Design Standards for SB 9 Projects.
11. Discuss the FY 2024 Mid‐Year Budget Review and Approve 1) FY 2024 Budget Amendments in Various Funds, and 2) Amendments to the FY 2024 Table of Organization to add 1.00 Full Time Equivalent (FTE) Position. CEQA Status – Not a Project.
12. Adoption of a Resolution Certifying the Need for an Exception to the California Public Employees Retirement System (CalPERS) 180‐day Waiting Period to Hire Matthew Raschke as a Retired Annuitant Extra Help Senior Engineer. CEQA status ‐ Not a Project
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
13. Informational Update: Recently Promulgated and Pending Federal Regulations Governing Lead in Drinking Water
14. Investment Activity Report for the Second Quarter, Fiscal Year 2024
15. Sales Tax Digest Summary Calendar 2023 (July 2023 ‐ Sept 2023) OTHER INFORMATION
Standing Committee Meetings this week
Policy & Services Committee February 13, 2024
City/School Liaison Committee February 15, 2024
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
AA1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8 Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site) Negotiating Party: Palo Alto Unified School District City Negotiators:
(Ed Shikada, Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong) Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of Payment New Item added
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
3 February 12, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, February 12, 2024
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 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
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
CLOSED SESSION (5:30 ‐ 6:00 PM)
AA1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8 Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site) Negotiating Party: Palo Alto Unified School District City Negotiators:
(Ed Shikada, Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong) Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of Payment New Item added
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:00 ‐ 6:15 PM)
Members of the public may speak to any item NOT on the agenda. 1‐3 minutes depending on # of speakers. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:15 ‐ 6:20 PM) Members of the public may not speak to the item(s).
STUDY SESSION (6:20 ‐ 7:50 PM)
1. Reliability and Resiliency Strategic Plan for the City’s Electric Utility CONSENT CALENDAR (7:50 ‐ 7:55 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
2. Approval of Minutes from January 22, 2024 and January 29, 2024 Meetings
3. Approval of Contract Number C24187805 With Carollo Engineers, Inc. in the Total Amount Not‐to‐Exceed $1,628,326 for Planning and Preliminary Design of a Headworks Facility at the Regional Water Quality Control Plant, funded by Wastewater Treatment Enterprise Fund Capital Improvement Program Project WQ‐16002; CEQA Status – Not a “Project.”
4. Approval of Two General Services Contracts in the Wastewater Treatment Enterprise Fund: a Contract with Lystek International Limited in an Amount Not to Exceed $5,322,769 and a Contract with Synagro‐WWT, Inc. in an Amount Not to Exceed $7,617,013, Both for Offsite Sludge Treatment Services for a Five‐Year Term; CEQA status ‐ exempt
5. Adoption of Resolution to Authorize Stanford University to Enforce Unauthorized Parking in Several of Its Parking Facilities under Vehicle Code § 21107.8; CEQA Status – Not a Project
6. Approval of Contract Number C24188120 with Summit Uniforms, LLC for Five Years for a Maximum Compensation Amount Not‐to‐Exceed $720,000 ($144,000/yr) for the Purchase of Police, Fire, and Park Ranger Uniforms and Related Equipment; CEQA status ‐ not a project.
7. Approval of a General Services Contract Number C24189570 with Downtown Streets Team, Inc. in an Amount Not to Exceed $528,409 for Cleaning Services in the University Avenue and California Avenue Business Districts for a Period of Three Years; CEQA status – Not a Project
8. Approval of Contract Amendments with AgreeYa Solutions, INC., Elegant Enterprise‐Wide Solutions, INC., Forsys, INC., Object Technology Solutions, INC., Techlink Systems, INC., ZION Cloud Solutions, INC., and Inspyr Solutions, LLC., for IT On‐Call Professional Services, to Increase the Combined Annual Not‐To‐Exceed Amount to $1,250,000 and a Contract Not‐To‐Exceed total of $3,940,000; CEQA Status ‐ Not a Project.
9. Approval of Contract No. C24188884 With WaterTALENT, LLC for Temporary Consultant Support for Public Works and Utilities Departments in a Not to Exceed Amount of $1,896,000 Over Three Years, With Two One‐Year Extension Options; Not to Exceed $830,400 for Year One and Not to Exceed $532,800 per Year for Years Two and Three and Optional Extensions if Authorized; CEQA Status ‐ Not a Project CITY MANAGER COMMENTS (7:55 ‐ 8:10 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 10: 8:20 ‐ 9:05 PM, Item 11: 9:05 ‐ 10:35 PM, Item 12: 10:35 ‐ 10:50 PM ) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
10. Adopt a Resolution Modifying the City’s Objective Design Standards for SB 9 Projects.
11. Discuss the FY 2024 Mid‐Year Budget Review and Approve 1) FY 2024 Budget Amendments in Various Funds, and 2) Amendments to the FY 2024 Table of Organization to add 1.00 Full Time Equivalent (FTE) Position. CEQA Status – Not a Project.
12. Adoption of a Resolution Certifying the Need for an Exception to the California Public Employees Retirement System (CalPERS) 180‐day Waiting Period to Hire Matthew Raschke as a Retired Annuitant Extra Help Senior Engineer. CEQA status ‐ Not a Project
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
13. Informational Update: Recently Promulgated and Pending Federal Regulations Governing Lead in Drinking Water
14. Investment Activity Report for the Second Quarter, Fiscal Year 2024
15. Sales Tax Digest Summary Calendar 2023 (July 2023 ‐ Sept 2023) OTHER INFORMATION
Standing Committee Meetings this week
Policy & Services Committee February 13, 2024
City/School Liaison Committee February 15, 2024
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
AA1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8 Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site) Negotiating Party: Palo Alto Unified School District City Negotiators:
(Ed Shikada, Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong) Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of Payment New Item added
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
4 February 12, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Regular Meeting
Monday, February 12, 2024
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 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
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
CLOSED SESSION (5:30 ‐ 6:00 PM)
AA1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8 Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site) Negotiating Party: Palo Alto Unified School District City Negotiators:
(Ed Shikada, Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong) Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of Payment New Item added
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:00 ‐ 6:15 PM)
Members of the public may speak to any item NOT on the agenda. 1‐3 minutes depending on # of speakers. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:15 ‐ 6:20 PM) Members of the public may not speak to the item(s).
STUDY SESSION (6:20 ‐ 7:50 PM)
1. Reliability and Resiliency Strategic Plan for the City’s Electric Utility CONSENT CALENDAR (7:50 ‐ 7:55 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
2. Approval of Minutes from January 22, 2024 and January 29, 2024 Meetings
3. Approval of Contract Number C24187805 With Carollo Engineers, Inc. in the Total Amount Not‐to‐Exceed $1,628,326 for Planning and Preliminary Design of a Headworks Facility at the Regional Water Quality Control Plant, funded by Wastewater Treatment Enterprise Fund Capital Improvement Program Project WQ‐16002; CEQA Status – Not a “Project.”
4. Approval of Two General Services Contracts in the Wastewater Treatment Enterprise Fund: a Contract with Lystek International Limited in an Amount Not to Exceed $5,322,769 and a Contract with Synagro‐WWT, Inc. in an Amount Not to Exceed $7,617,013, Both for Offsite Sludge Treatment Services for a Five‐Year Term; CEQA status ‐ exempt
5. Adoption of Resolution to Authorize Stanford University to Enforce Unauthorized Parking in Several of Its Parking Facilities under Vehicle Code § 21107.8; CEQA Status – Not a Project
6. Approval of Contract Number C24188120 with Summit Uniforms, LLC for Five Years for a Maximum Compensation Amount Not‐to‐Exceed $720,000 ($144,000/yr) for the Purchase of Police, Fire, and Park Ranger Uniforms and Related Equipment; CEQA status ‐ not a project.
7. Approval of a General Services Contract Number C24189570 with Downtown Streets Team, Inc. in an Amount Not to Exceed $528,409 for Cleaning Services in the University Avenue and California Avenue Business Districts for a Period of Three Years; CEQA status – Not a Project
8. Approval of Contract Amendments with AgreeYa Solutions, INC., Elegant Enterprise‐Wide Solutions, INC., Forsys, INC., Object Technology Solutions, INC., Techlink Systems, INC., ZION Cloud Solutions, INC., and Inspyr Solutions, LLC., for IT On‐Call Professional Services, to Increase the Combined Annual Not‐To‐Exceed Amount to $1,250,000 and a Contract Not‐To‐Exceed total of $3,940,000; CEQA Status ‐ Not a Project.
9. Approval of Contract No. C24188884 With WaterTALENT, LLC for Temporary Consultant Support for Public Works and Utilities Departments in a Not to Exceed Amount of $1,896,000 Over Three Years, With Two One‐Year Extension Options; Not to Exceed $830,400 for Year One and Not to Exceed $532,800 per Year for Years Two and Three and Optional Extensions if Authorized; CEQA Status ‐ Not a Project CITY MANAGER COMMENTS (7:55 ‐ 8:10 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (Item 10: 8:20 ‐ 9:05 PM, Item 11: 9:05 ‐ 10:35 PM, Item 12: 10:35 ‐ 10:50 PM ) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
10. Adopt a Resolution Modifying the City’s Objective Design Standards for SB 9 Projects.
11. Discuss the FY 2024 Mid‐Year Budget Review and Approve 1) FY 2024 Budget Amendments in Various Funds, and 2) Amendments to the FY 2024 Table of Organization to add 1.00 Full Time Equivalent (FTE) Position. CEQA Status – Not a Project.
12. Adoption of a Resolution Certifying the Need for an Exception to the California Public Employees Retirement System (CalPERS) 180‐day Waiting Period to Hire Matthew Raschke as a Retired Annuitant Extra Help Senior Engineer. CEQA status ‐ Not a Project
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.
13. Informational Update: Recently Promulgated and Pending Federal Regulations Governing Lead in Drinking Water
14. Investment Activity Report for the Second Quarter, Fiscal Year 2024
15. Sales Tax Digest Summary Calendar 2023 (July 2023 ‐ Sept 2023) OTHER INFORMATION
Standing Committee Meetings this week
Policy & Services Committee February 13, 2024
City/School Liaison Committee February 15, 2024
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
AA1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8 Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site) Negotiating Party: Palo Alto Unified School District City Negotiators:
(Ed Shikada, Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong) Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of Payment New Item added
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.
1. Written public comments may be submitted by email to [email protected].
2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below.
You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.
5 February 12, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
City Council
Staff Report
From: City Manager
Report Type: STUDY SESSION
Lead Department: Utilities
Meeting Date: February 12, 2024
Staff Report:2311-2211
TITLE
Reliability and Resiliency Strategic Plan for the City’s Electric Utility
RECOMMENDATION
This is a study session to review the draft Reliability and Resiliency Strategic Plan (RRSP) that has been recommended for approval by staff and the Utilities Advisory Commission. The RRSP will return for Council approval at a later date.
EXECUTIVE SUMMARY
The RRSP is a work item in the 2023-2025 Sustainability and Climate Action Plan (S/CAP) Work Plan. The RRSP is intended to address the need for a reliable, well maintained electric system with enhanced reliability to support an electrified community and a desire among some residential community members for ways to maintain some level of electric supply during outages, particularly with an electrified home. The proposed RRSP is provided in Attachment A and incorporates the input previously provided by the UAC. Attachment B provides the progress update on RRSP Strategies as of December 2023 and incorporates input previously provided by the UAC.
The six strategies of the RRSP are as follows:
•Strategy 1: Replace and modernize electric distribution infrastructure •Strategy 2: Implement operational practices to improve reliability and manage outages effectively
•Strategy 3: Integrate and ease adoption of flexible and efficient technologies and strategies
•Strategy 4: Evaluate the benefits of flexible and resiliency technologies and efficient electrification strategies to the utility and community •Strategy 5: Evaluate the resource needs to promote the adoption of various flexible demand reduction and resiliency solutions and efficient electrification strategies. •Strategy 6: Implement any utility-driven programs identified in Strategy 5 that are chosen by the City Council
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The Council Climate Action Ad Hoc Committee will review the RRSP at their February 2, 2024 meeting. Staff will incorporate any Committee feedback and/or recommendation as well as any Council feedback from the study session into the final document before returning for Council approval in March.
BACKGROUND
At the December 6, 2023 UAC meeting staff and the UAC discussed the draft Reliability and Resiliency Strategic Plan (RRSP). The UAC recommended that the City Council approve the RRSP with the inclusion of input provided by UAC at the meeting. Staff has incorporated the UAC input into the proposed RRSP, attached.
More background on the RRSP and detail on the strategies above is provided in the December 6, 2023 UAC staff report. 1 UAC feedback can be found in the meeting minutes and is summarized below.2 Both are available online at:
https://www.cityofpaloalto.org/Departments/Utilities/Utilities-Advisory-Commission/Current- UAC-Agendas-Minutes.
DISCUSSION
The RRSP is intended to address questions the community has had regarding the electric system’s:
•Reliability: how frequently the system experiences outages, •Modernization: how the system will be upgraded to integrate and effectively utilize new and existing flexible technologies like solar with batteries or vehicle to grid technology, •Capacity: the capacity of the system to handle electrification, and •Resiliency: the system’s ability to minimize the consequences of a major event, recover quickly, and the role of the utility in helping individual customers maintain service during outages.
Reliability
High profile outages in recent years have likely led some people to lose some confidence in system reliability. Still, a recent utility survey found that 85% of customers rated the City highly (7-10 on a scale of 1-10) in “providing consistent and reliability electric service” and 80% rated it highly on “restoring power in a reasonable amount of time after an outage.” These were significantly higher ratings than most utilities nationwide and in Northern CA. However, they did 1 https://www.cityofpaloalto.org/files/assets/public/v/3/agendas-minutes-reports/agendas-minutes/utilities- advisory-commission/archived-agenda-and-minutes/agendas-and-minutes-2023/12-dec-2023/12-06-2023-packet- v2.pdf#page=129
2 https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/agendas-minutes/utilities- advisory-commission/archived-agenda-and-minutes/agendas-and-minutes-2023/12-dec-2023/12-06-2023- approved-uac-minutes.pdf
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not give high marks on how outages were communicated. And very few customers would confidently state whether Palo Alto was ready to manage a major emergency, unlike at other utilities, where customers generally had confidence their utility was prepared.
In general the City of Palo Alto's electric reliability exceeds the national average and PG&E's Peninsula Division (the area of PG&E's system between San Jose and San Francisco). Chart 1 shows the most common standard utility metric of reliability, System Average Interruption Duration Index (SAIDI), for the City of Palo Alto, PG&E’s Peninsula Division3 (which represents just the San Francisco Bay Area Peninsula between San Jose and San Francisco, the area Palo Alto is in), and national data by quartile. 4 SAIDI represents the amount of time each customer experienced an outage on average. 5 Both PG&E and the City benefit from the Bay Area's good weather when comparing to the national average, but the City has fewer outages than PG&E.
The City is typically in the first (best) quartile nationally, while PG&E’s Peninsula Division is sometimes in the 2nd quartile and worse in some years. The City did see some increased outage activity for 2018/2019 and 2022/2023 that may have impacted customer perceptions. Some of this can likely be attributed to major events like storms, but some of it is likely due to aging infrastructure and challenges in recruiting and retaining staff.
Chart 1: Outage Performance (SAIDI) for City of Palo Alto and Other Utilities 3 Source: Pacific Gas and Electric 2022 and 2017 Annual Electric Reliability Reports to the California Public Utilities Commission: https://www.cpuc.ca.gov/industries-and-topics/electrical-energy/infrastructure/electric- reliability/electric-system-reliability-annual-reports
4 SAIDI can be reported with major events like storms included or excluded. The City reports SAIDI including major events, and the PG&E Peninsula Division and national data reported here also include major events. 5 SAIDI is calculated as the total amount of outage time multiplied by the total number of customers affected divided by the total number of utility customers. Not every customer will experience an outage each year, and those affected may experience more or less outage time on an individual basis than the number reflected in the SAIDI index.
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Various factors affect reliability. Table 1, below, shows some of these factors and how the RRSP tasks address each one.
Table 1: Factors that Impact Perceptions of Reliability Factor How Addressed in RRSP
Aging infrastructure is more likely
to fail, leading to more frequent
outages
Replace aging infrastructure through the grid
modernization effort (Strategy 1, Action 1)
Reducing the number of people
affected by outages when they
occur will improve reliability
Add more connectivity through grid modernization to
allow staff to isolate outages in smaller areas using
switching (Strategy 1, Action 3)
Good outage communication can
mitigate the impact of outages
Use the newly installed outage management system to
continually improve outage communications (Strategy 2,
Action 3)
Key workforce vacancies and
turnover mean less staff capacity
to do maintenance and capital
investment, less experienced staff
who require more time and
support, and a longer time to
recover from outages
Continue to improve workforce retention and
recruitment strategies and use contractors to support
basic functions until vacancies can be filled (Strategy 2, Action 1)
In the Foothills – wind can lead to
power safety shutoffs and storms
can damage power lines
Implement the maintenance strategies in the Wildfire
Mitigation Plan (Strategy 2, Action 2) and continue to
underground overhead lines in the Foothills (Strategy 1, Action 5)
In rare cases air accidents have
cut power to all of Palo Alto due
to its single transmission pathway
Seek partnership from PG&E and the California
Independent System Operator to install a second
transmission connection to Palo Alto (Strategy 1,
Action 4)
Modernization
Community members are adopting modern technologies like solar, battery storage, electric vehicles, smart appliances, and smart panels at higher and higher levels. Technologies are in existence or being commercialized that would allow electric vehicles or smart home appliances to respond to grid conditions or back up a home. Community members have asked how we are modernizing the grid to accommodate and take advantage of these new technologies.
One aspect of this modernization effort involves ensuring the electric distribution system can accommodate these technologies. When distributed technologies are deployed they can cause issues on a grid not designed for them. For example, the City’s electric system, like most systems, Item 1
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was designed for one way power flow from large central generators to homes and businesses.
Adding high penetrations of technologies like solar and batteries that can feed the grid instead of just consume from it can cause voltage drops or even conditions when power is flowing the opposite direction. Voltage drops can cause flickering lights and issues with electrical equipment, while reverse flows can be a serious issue because existing grid protection devices like fuses or voltage control systems are only designed to work when power is flowing one way, so two-way flow can create dangerous conditions. A high enough reverse power flow can even overload the capacity of transformers or power lines.
On the other hand, if the grid is upgraded to integrate these technologies properly they can provide benefits. The utility could provide price signals or education to get people to use energy at times when the grid is less crowded or less dirty, for example. And if people consistently operate these technologies in a grid-friendly way – for example, charging vehicles or batteries mid-day or at night rather than in the evening when the grid is most heavily used – it could also mitigate the capacity impacts of electrification on the electric distribution system.
Table 2, below, shows the various issues and opportunities associates with new technologies and how the RRSP tasks address each one.
Table 2: Modernization Issues and Opportunities
Issues and Opportunities How Addressed in RRSP
High penetrations of new
technologies can cause voltage
drops and reverse power flows
Grid modernization will upgrade feeders and
transformers where needed to integrate new
technologies and make use of smart switches and
updated controls to avoid voltage drops and mitigate
the impacts of reverse power flow (Strategy 3, Action 1) Making adoption of flexible
technologies easier will encourage
adoption
Review City codes, policies, rules, and regulations to
ensure easy adoption of these technologies (Strategy 3, Action 2)
Raising awareness of these
technologies and how to use them
in ways that help the electric
system will encourage adoption
and proper use.
Promote these technologies and how to use them in a
grid-friendly manner through outreach (Strategy 3,
Actions 3 and 4)
Strategy 3 ensures that at minimum the City has prepared the electric system to accommodate these technologies and that we have made adoption easy and encouraged them to be used in a grid-friendly manner. However, it may also be worthwhile to create utility programs to encourage these technologies if they can help with the capacity issues created by electrification. And if the community is interested in the utility taking more of a role in customer resiliency, these Item 1
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technologies can also provide benefits in that role as well. Strategies 4, 5, and 6, discussed below, address these potential programs.
Capacity
The utility is currently embarking on a grid modernization effort that will, among other things, increase the capacity of the system to accommodate increased electrification. This is noted in Strategy 1, Action 2 of the RRSP. Without these upgrades the City cannot maintain a reliable electric system as more people electrify their vehicles and buildings. In general this means adding more and larger transformers in the neighborhoods, as well as upgrading the feeder lines, the wires. The utility is aiming to complete the areas of the city with overhead lines by 2027. This represents over 90% of the single-family neighborhoods, meaning the vast majority of homeowners in Palo Alto will have the capacity for vehicle and building electrification by the end of 2027 if the schedule holds.
However, as noted above, it may be possible to use new technologies to do this modernization effort more cost efficiently, perhaps with fewer transformers, and also allow for more electrification using existing capacity while modernization proceeds. The RRSP Strategy 4 focuses on doing a cost / benefit analysis to understand the value of these technologies to the utility in this area. In Strategy 5 we will evaluate a range of programs we could launch and the resources needed for them. And if Council wishes to move forward with any of the identified programs, these would be added to Strategy 6.
Table 3, below, shows the various tasks and studies included in the RRSP that address capacity.
Table 3: Capacity-Related RRSP Tasks
Tasks How Addressed in RRSP
Increase electric system capacity
to accommodate electrification
Grid modernization will upgrade feeders and
transformers where needed to accommodate
electrification (Strategy 1, Action 2)
To determine whether utility
programs could provide a net
benefit to the utility, evaluate the
costs and benefits of new
technologies in reducing peak
demands
Evaluate the benefits and costs of new technologies on
electric supply costs and on the electric distribution
system (Strategy 4, Actions 1 and 2)
Identify potential programs and their resource needs
(Strategy 5, all actions)
Implement programs if cost
effective and approved by Council
Strategy 6
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Resiliency
Many of the technologies to be evaluated under Strategies 4 and 5 also have potential resiliency benefits. Examples include batteries or vehicle to load technology, which can be used to reduce grid peak loads, but could also back up a home during a major event. And as people start relying more on electricity some will want to ensure they have some kind of service during both routine outages and major events. Different residential and business community members will assess their needs differently. To-date the utility has not taken a role in providing customer backup power needs. But some community members have expressed interest in utility services in this area. Newer technologies like solar, storage, and vehicle to grid can provide both utility benefits and individual customer benefits, which was less applicable (though still somewhat applicable) with technologies like backup diesel generators. As a result it may make sense to evaluate whether the utility should reconsider its role.
Table 4, below, shows the various tasks and studies included in the RRSP to facilitate UAC and Council policy discussions on the role of the utility in providing customer resiliency.
Table 3: Resiliency-Related RRSP Tasks
Tasks How Addressed in RRSP
Before considering utility programs it
is worth considering whether there are
market gaps.
Characterize existing backup generation alternatives
available to customers (Strategy 4, Action 4)
Consider whether it is possible to value
resiliency economically. This may be
challenging because different
individuals and organizations value it
differently.
Explore estimating the value of resiliency to the
community (Strategy 4, Action 3)
Identify the various types of resiliency
programs the utility could provide,
both at an individual customer and
neighborhood level, and identify the
resources needed to implement
Strategy 5
Implement programs if approved by
Council
Strategy 6
COMMISSION RECOMMENDATION
In general the UAC felt the RRSP was aligned with Council policy direction and feedback from the UAC at earlier meetings. Some minor changes were requested to the document by UAC members at the December 6, 2023 UAC meeting and were incorporated into the proposed RRSP by staff:
•Use words like “promote” or “encourage” in Strategy 3, Actions 3 and 4 rather than “communicate”
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•Where the word “community” is used, specify whether the residential or business community (or both) is being referred to
•In Strategy 6, change “chosen by the community” to “chosen by the Council” •Clarify the intent of Strategies 3 and 4 to be clear why Strategy 3, which involves promotion and implementation of certain technologies, proceeds before Strategy 4, which involves quantifying the benefit of those technologies •Status updates should include timelines
UAC members had other feedback that was not incorporated directly in the RRSP:
•The implementation of the resiliency aspects of the plan should be coordinated with the office of emergency services
•Staff should seek community input on resiliency projects as part of the process of providing Council a list of potential utility-driven resiliency programs for consideration following completion of the analyses in Strategy 5.
•Consider using mailers as a way to promote utility resources, programs, and practices. •Specify in the resources section of the report whether funding is already available or needs additional funding; when reporting on progress of implementing RRSP specify if implementation is on schedule and within allocated budgets.
The UAC unanimously (7-0) approved staff’s recommendation to recommend to the City Council the adoption of the RRSP, with modifications discussed by the Commission.
FISCAL/RESOURCE IMPACT
The staffing and consulting resources needed to implement Strategies 1 through 5 are already in place (though some longer-term CIP projects will need future budget approvals, like grid modernization, which will require additional budget approvals for later year spending, as will yet-to-be-defined CIP projects, like the second transmission line). Additional resources would likely be needed to implement Strategy 6 depending which customer resiliency programs Council chooses to approve.
Strategy 1: Replace and modernize electric distribution infrastructure: Implementation of this strategy has already been budgeted as CIP for Grid Modernization. Cost is estimated at $200 to $300 million and would require 5 to 8 staff over the seven-year period. This estimate includes replacement of aging infrastructure and to increase capacity of the system to accommodate additional loads projected as a result of electrification. The cost of the second transmission line has not been estimated.
Strategy 2: Implement operational practices to improve reliability and manage outages effectively: The new utility outage management system became operational in September 2023 and cost $630,000, including five years of annual maintenance. Ongoing 0.25 staffing is required Item 1
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to maintain the system. Other activities under this strategy are operationalized and would not require any additional resources.
Strategy 3: Integrate and ease adoption of flexible and efficient technologies and strategies: This effort is estimated to cost $30,000 to $50,000 for consulting assistance and 0.25 staff effort. This amount would solely cover analysis and not any subsequent implementation.
Strategy 4 (Evaluate the benefits of flexible and resiliency technologies and efficient electrification strategies to the utility and community) and Strategy 5 (Evaluate the resource needs to promote the adoption of various flexible demand reduction and resiliency solutions and efficient electrification strategies): The plan to retain a consultant to assist with this analysis effort and is estimated to cost $70,000 to $120,000, and will require 0.25 existing staff effort to complete the analysis and bring forth potential customer programs for community consideration.
In addition, more consulting work or academic partnerships may be needed at additional cost and staff time to value the distribution benefits of flexible and resiliency technologies and strategies (Task 4.2).
Strategy 6: Implement any utility-driven programs identified in Strategy 5 that are chosen by the Council for implementation: The effort and cost associated with this strategy is unknown at this time.
STAKEHOLDER ENGAGEMENT
Extensive public engagement on this topic was undertaken to-date as outlined below:
•Two public meetings in August 2018 and November 2019 to seek community input on utility resiliency framework. The engagement resulted in the development of a vision, set of goals and nine projects to enhance utility resiliency – these aspects were discussed with the UAC in March 2020, and has since been incorporated into the CPAU’s on-going work plans. •Discussion of these topics with the S/CAP Working Group 2022-23 •Addition of topic to 2023-2025 S/CAP Work Plan, which was discussed with S/CAP Working Group and S/CAP Committee, then adopted by Council June 6, 2023 (Report #:2303-1158) •Discussions with the UAC on a variety of reliability and resiliency topics over the past three years, 2021-23: OMS updates, Wildfire Mitigation Plan, Workforce, etc. •Analysis of the Impact of Decarbonization on the Resiliency of Single Family Homes in Palo Alto was presented to the UAC November 2021
•Analysis of Costs and Reliability of Different Back-up Electricity Technologies presented to the UAC in December 2022.
•Strategic Plan discussions w/ UAC (which include resiliency topics) • Electric Distribution Infrastructure Modernization Update provided to the UAC in June 2023 • Discussion of Reliability and Resiliency Strategic Plan Policy Guidelines with the UAC in September 2023
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Progress in implementing the RRSP will be reported to the UAC periodically as progress is made in implementing projects contemplated under the plan.
ENVIRONMENTAL REVIEW
Development of a Reliability and Resiliency Strategic Plan is exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainty that completing a study will not result in any environmental impacts. Implementation of individual programs/installations chosen by the community in Strategy 6 may need CEQA evaluation.
ATTACHMENTS
Attachment A: Draft Reliability and Resiliency Strategic Plan Attachment B: December 2023 Status Update on Reliability and Resiliency Strategic Plan AUTHOR/TITLE:
Dean Batchelor, Director of Utilities
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1 3
2 4
4 Attachment A: Reliability & Resiliency Strategic Plan – Draft for Discussion/Approval (Note that many of the actions below are also part of other documents like the Utilities Strategic Plan) Strategy 1: Replace and modernize electric distribution infrastructure To avoid outages the utility will replace aging infrastructure, make sure new technologies can be easily integrated into the distribution system, increase the interconnectedness of the electric system, and ensure the utility has the capacity to complete its maintenance and investment needs. Infrastructure investment to reduce wildfire risk will also reduce outages.
S1, Action 1: Replace aging infrastructure
Large amounts of the utility’s infrastructure are aging and needs replacement. The utility will replace much of this infrastructure over a seven-year grid modernization effort while simultaneously addressing the capacity issues in Action 2.
S1, Action 2: Upgrade capacity to accommodate new loads The utility will invest in new capacity to accommodate new loads created by the electrification of vehicles and buildings.
S1, Action 3: Improved switching to improve system flexibility, efficiency, and reliability The utility will construct additional distribution feeder circuit ties and switches to make the electric distribution system more interconnected to reduce the impact of outages, and enable more flexibility in configuring power flows to more effectively integrate solar, storage, and other new technologies and to reduce system losses.
S1, Action 4: Second transmission connection
The utility will pursue a second interconnection to PG&E’s transmission system to reduce the chance of a single incident resulting in the loss of service to the entire community.
S1, Action 5: Foothills undergrounding
The utility will underground lines in the Foothills to reduce the risk of wildfire liability and minimize the need for forced outages during windy high fire risk days to avoid the risk of electric lines being blown into trees and starting wildfires.
Strategy 2: Implement operational practices to improve reliability and manage outages effectively
The utility will reduce operational risks that lead to outages by ensuring key positions are filled, reducing outage risks caused by vegetation, and communicating effectively during outages to give residents the information they need to manage the impacts of outages.
S2, Action 1: Strengthen the workforce
The utility will recruit, train and retain line-workers, system operators, engineers, inspectors to maintain system and respond to outages effectively and, when there are staff vacancies, contract with third-party contractors to supplement staff to keep up with regular utility operations, investment, and maintenance.
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2 4
4 S2, Action 2: Employ best maintenance practices for wildfire protection The utility will follow the practices in its Wildfire Mitigation Plan to reduce wildfire risk and the attendant health and safety, liability, and outage risks.
S2, Action 3: Communicate effectively during outages
The City will communicate with residents effectively about outages using its newly upgraded outage management system.
Strategy 3: Integrate and ease adoption of flexible and efficient technologies and strategies Many technologies are being currently added to the electric system that are capable of charging and discharging, generating electricity, or flexing their electric use by time period. Technologies include rooftop solar, home batteries, vehicle to home and vehicle to grid systems, and grid-responsive home equipment. These technologies can also create challenges for the distribution system at high penetrations, resulting in voltage issue, failures in system protection, or other issues because the system is not designed for them. But they can also create benefits when used well, reducing the cost of electricity, reducing emissions, reducing strain on the local distribution system, and creating home resiliency. The utility intends to facilitate the adoption of these technologies.
This strategy is related to lowerintended to lower the barriers for these technologies and promoting their voluntary adoption even before any utility incentive or assistance programs are established (utility incentive or assistance programs will be evaluated in Strategies 4 and 5). Barrier reduction and Eeffective grid integration are a first step toward facilitating these technologies and realizing their benefitswill make the system operate more efficiently, especially when paired with promotion of best practices for installing and operating them in an efficient manner.
S3, Action 1: Configure the distribution system to accommodate high penetrations of solar, batteries, and other technologies
The utility will complete an evaluation of how to configure the electric system to accommodate high penetrations of solar, batteries, and other technologies and integrate the findings of this evaluation into the grid modernization study.
S3, Action 2: Review, communicate, and streamline permitting and other regulatory rules for efficient and flexible electrification technologies
The utility to establish clear utility rules and policies on the installation of efficient electrification technologies (e.g. low-wattage EV chargers, circuit pausers, smart panels, grid-responsive equipment and vehicle chargers) and will work with other City departments to establish clear permitting guidelines.
S3, Action 3: Encourage and Communicate how to electrify efficientlyPromote Efficient Electrification
The utility will partner with the City’s Sustainability and Climate Action Plan (S/CAP) team and other City departments to communicate and encouragepromote efficient electrification strategies to residents, particularly those doing construction or renovation projects, and incorporate them into electrification programs where feasible.
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2 4
4 S3, Action 4: Promote and Communicate how to usePromote the use of flexible technologies in a grid-friendly way
The utility will promote energy use communicduring ate the times of day when it energy use results in is lowest emissions and is most grid-friendly, and will send price signals via time of use rates once advanced metering infrastructure is in place
Strategy 4: Evaluate the benefits of flexible and and resiliency efficient technologies and efficient electrification strategies to the utility and community The utility will value the benefits of flexible and resiliency technologies (such as solar + batteries, vehicle to grid, and grid-responsive water heaters and other equipment) to the utility’s supply and distribution costs and estimate the value of to the community of the resilience that some of these technologies can provide, with the results supporting an evaluation of the utility’s potential role in facilitating or promoting these technologies.
S4, Action 1: Value the utility benefit of flexible technologies on electric supply costs The utility will evaluate the electric supply cost benefits of outreach, education, and time of use rates to encourage the shifting of energy use to times of day when prices and emissions are lower and the grid faces fewer constraints, and will evaluate the benefits of strategies like automated demand response programs in enhancing customer participation in load shifting.
S4, Action 2: Value the utility benefit of flexible technologies on electric distribution costs and capacity
The utility will attempt to value the utility benefit to electric distribution costs and capacity of outreach, education, and time of use rates to encourage the use of flexible technologies to shift energy use to other times of day, and will also explore the availability and cost/benefit of technologies that could automate the operation of these flexible technologies to be responsive at the transformer level. These valuation exercises are complex, so the utility will seek partners (e.g. with SLAC’s GISMO Lab) or consultants to complete this action, and will not proceed unless this action can be completed without slowing the grid modernization efforts described in Strategy 1, Actions 1, 2, and 3 S4, Action 3: Explore estimating the value of resiliency for the community The utility will attempt to value of extra resiliency for the community to support program design.
S4, Action 4: Estimate the cost of individual customer and community resiliency approaches The utility will estimate the cost of various community resiliency approaches such as microgrids and compare them to the value of resiliency estimated in Strategy 4, Action 3 above.
Strategy 5: Evaluate the resource needs to promote the adoption of for various flexible demand reduction and resiliency solutions and efficient electrification strategiessprograms Based on the cost and value of various flexible demand reduction and resiliency solutions investigated in Strategy 4 the utility will develop outlines of potential programs to facilitate and promote the use of flexible technologies to reduce supply and distribution costs, optimize the use of distribution capacity, and enhance community resiliency. The goal of this strategy is to characterize and estimate resource needs for the potential program approaches described below and to provide policy choices to the Utilities Advisory Commission and Council consideration.
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2 4
4 Strategy 5, Action 1: Evaluate utility-driven programs to enhance resiliency and lower the demand on the grid
Evaluate possible utility programs to help community members install grid-responsive equipment, solar, storage, and/or vehicle to home or vehicle to grid solutions. Program approaches could include, but are not limited to, incentives, technical assistance, power purchase agreements or feed-in tariffs, direct installation and possibly ownership of equipment, or public-private partnerships with an aggregator.
Types of locations to investigate include single-family homes, multi-family buildings, at small and medium businesses, or in larger commercial facilities in Palo Alto.
Strategy 5, Action 2: Evaluate equity-based and need-based versions of the programs The utility will consider how the programs above may need to be adjusted to address the needs of customers with special needs (e.g. medical needs) or low-income customers.
Strategy 5, Action 3: Evaluate community-based versions of the programs The utility will evaluate how the programs in Action 1 could be adjusted to provide community emergency resources at community facilities or via public-private partnerships.
Strategy 5, Action 4: Evaluate other resiliency approaches The utility will evaluate other potential approaches to providing community resiliency such as mobile battery storage or neighborhood-level microgrids.
Strategy 6: Implement any utility-driven programs identified in Strategy 5 that are chosen by the community and City Council
The utility will implement strategies identified in Strategy 5 as directed by Council Item 1
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5 Attachment B: Reliability & Resiliency Strategic Plan – Progress Update February 2024 Strategy/Action Status
Strategy 1: Replace and Modernize Infrastructure
1.1 Replace aging infrastructure
1.2 Upgrade capacity to accommodate new loads
1.3 Improved feeder switching capabilities
These goals will be achieved through the City’s grid modernization project.
An electric engineering study was completed identifying upgrades needed through the distribution system, upgrading line transformer capacity, feeder capacity, increasing the number of switches and connections on the system between feeders and substations, and upgrading substation equipment. The program has the following timeline:
•Upgrade transformer and feeder capacity in the overhead sections of the system (which represent over 90% of single-family neighborhoods) by the end of 2027. Upgrade underground sections by 2030.
•Add switches, connections, and upgrade substations by 2030.
Construction on the first modernization project is starting in Q2 2024 in a 1200-home neighborhood bounded by Louis, Amarillo, 101, and Embarcadero. The modernization projects will be coordinated with fiber to the premise construction.
1.4 Second transmission connection Staff, with a consultant help continues to work with the CAISO and PG&E to build a second transmission line to the Adobe Creek Substation, from Moffett field, but no definitive progress has been made to date.
1.5 Foothills undergrounding A key wildfire mitigation activity is undergrounding eleven miles of electric lines in the Foothills area. This iterative project consists of multiple phases and is expected to be complete in 2025. CPAU already installed two of four required substructures and is designing the next two. The first two phases were completed in September 2023.
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5 Strategy 2: Operational Strategies to Improve Reliability and Manage Outages Effectively
2.1 Strengthen the workforce Concerted efforts are currently underway to recruitment, train, and retain line-workers, system operators, engineers, inspectors to maintain system and respond to outages effectively. Staff have also contracted with third- party contractors to supplement staff to undertake emergency response, maintenance, and capital improvement projects.
2.2 Wildfire protection maintenance practices Staff regularly updates its Wildfire Mitigation Protection Plan to protect power lines in the Foothills, and is exploring innovative software to make vegetation management more efficient.
2.3 Communicate effectively during outages In September 2023 CPAU implemented and operationalize a new OMS system. The new OMS will also allow CPAU to more quickly detect and respond to power outages and provide customers with timely notifications and updates.
Strategy 3: Effectively Integrate and Ease Adoption of New Technologies
3.1 Configure the distribution system to
accommodate high penetrations of solar,
batteries, and other technologies
Staff has completed an evaluation of the distribution improvements needed to accommodate high penetrations of solar and storage and is currently evaluating whether these same improvements will also accommodate vehicle to grid technologies, smart panels, and flexible loads. Expected completion: Q1 2024
3.2 Review, communicate, and streamline
permitting and other regulatory rules for efficient
and flexible electrification technologies
3.3 Communicate how to electrify efficiently
3.4 Communicate how to use technologies in a
grid-friendly way
Staff is conducting an inter-departmental internal review of various technologies to establish clear rules and guidelines for implementation of these technologies, after which it will begin developing resources for the community to use and outreach to raise awareness. Time of use rates and a transition plan are currently being developed in parallel with the City’s rollout of advanced metering infrastructure. Expected completion: Q2 2024 Strategy 4: Value the benefits of flexible technologies to the utility and community
4.1 Value the utility benefit of flexible technologies
on electric supply costs
Staff is developing a request for proposals for a consultant to perform these analyses, as well as the analysis of Action 4.4 and the analyses in Strategy 5.
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5 4.2 Value the utility benefit of flexible technologies on electric distribution costs and capacity
Staff expects to be able to bring a consultant contract to Council by August 2024, with study completion tentative planned by Q1 2025.
4.3: Explore estimating the value of resiliency for
the community
Staff is in talks with its electric engineering consultant and a potential academic partner about partnering to complete this analysis. The tentative completion date is Q1 2025.
4.4: Estimate the cost of various community
resiliency approaches
See status update for 4.1 and 4.2, above.
Strategy 5: Evaluate the resource needs for various demand reduction and resiliency programs
5.1: Evaluate utility-driven programs to enhance
resiliency and lower the demand on the grid
5.2 Evaluate equity-based and need-based
versions of the programs
5.3: Evaluate community-based versions of the
programs
5.4: Evaluate other resiliency approaches
Staff is developing a request for proposals for a consultant to perform these analyses, as well as the analysis of Actions 4.1, 4.2, and 4.4, above. The tentative completion date for this study is Q1 2025.
Strategy 6: Implement any demand reduction or resiliency programs chosen by the community No actions planned until Strategies 4 and 5 are completed and policy direction is received from Council Item 1
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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: February 12, 2024
Report #:2401-2552
TITLE
Approval of Minutes from January 22, 2024 and January 29, 2024 Meetings
RECOMMENDATION
That the minutes be reviewed and approved.
ATTACHMENTS
Attachment A: January 22, 2024 Draft Action Minutes
Attachment B: January 29, 2024 Draft Action Minutes
APPROVED BY:
Mahealani Ah Yun
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CITY COUNCIL
DRAFT ACTION MINUTES
Regular Meeting
January 22, 2024
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:
Consent Calendar
Council Member Kou registered a no vote on Agenda Item Number 4, 6.
Council Member Burt, Lythcott-Haims, Veenker requested to Pull Agenda Item Number 3.
MOTION: Vice Mayor Lauing moved, seconded by Council Member Veenker to approve Agenda Item Numbers 1-9, and pull Agenda Item Number 3 off of Consent.
MOTION PASSED ITEMS 1-2, 5, 7-8: 7-0
MOTION PASSED ITEMS 4, 6: 6-1, Kou no
1. Approval of Minutes from January 8, 2024 Meeting
2. Approval of Purchase Order With Siemens Inc. in the Amount of $489,527 for FY 2024 to Purchase Sixteen (16) 12KV Circuit Breakers for Hanover and Hansen Way Substations.
CEQA Status: Exempt under CEQA Guidelines Section 15302 (Replacement of Existing Structures)
3. Adopt a Park Dedication Ordinance for the Tower Well site, 0.19 acres of land (8,437 square feet) at 201 Alma Street and approve the proposed name “Tower Well Park” as Recommended by the Parks and Recreation Commission. CEQA status - not a project.
4. Adoption of an Urgency Ordinance and an Ordinance Amending Palo Alto Municipal Code Title 18 (Zoning) Chapters 18.14 (Housing Incentives), 18.76 (Permits and Approvals), and
18.77 (Processing of Permits and Approvals) to Implement Housing Element Program 1.3 Creating By -Right Zoning Approval for Specific Housing Element Inventory Sites. CEQA Item 2
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DRAFT ACTION MINUTES
City Council Regular Meeting
Draft Action Minutes: 01/22/2024
Status: An Addendum to the City’s Comprehensive Plan Environmental Impact Report was Prepared for the 2023-2031 Housing Element.
5. Adoption of an Ordinance Authorizing the Improvements to the Palo Alto Baylands as Part of the Horizontal Levee Pilot Project and Approval of a Cooperative Agreement with the Association of Bay Area Governments to Construct the Horizontal Levee Pilot Project (WQ-22001); CEQA – exempt under Section 15133
6. QUASI-JUDICIAL. 949 Scott Street [22PLN-00410]: Request for City Council Hearing on the Director's Decision to Approve a Variance application to Allow a New Single-Story, Single- Family Home with a Basement to Encroach into the Front, Side, and Rear Setbacks and Deviate from Standards for Below Grade Patio Side and Rear Setbacks, and Number of Parking Spaces. Zoning District: R -2. Env ironmental Assessment: Exempt from the California Environmental Quality Act per Section 15303.
7. QUASI-JUDICIAL. 420 Acacia [23PLN-00059]: Request for Approval of a Vesting Tentative Map to Allow for a Condominium Subdivision to Create 16 Units on a Single 35,573 Square Foot Parcel. The Subdivision map Would Facilitate Construction of the Previously Approved 33,833 Square Foot Mixed -use Development Project (23PLN -00058).
Environmental Assessment: Exempt from the Provisions of the California Environmental Quality Act in Accordance with CEQA Guidelines Section 15332 (In- fill Development) and 15315 (Minor land Divisions). Zoning District: Split Zoning Designation of RM- 30 and R-1 (Multi-Family and Single-Family Residential).
8. Approval of the Office of the City Auditor's Wastewater Treatment Plant Agreement Audit Report as Recommended by Policy & Services Committee (CEQA Status - Not a Project)
9. Approval of Office of City Auditor Risk Assessment and Audit Plan (CEQA Status - Not a Project)
Action Items
10. Approval of an Employment Agreement and Approval of Resolution to Appoint Mahealani Ah Yun to the Position of City Clerk at an Annual Salary of $165,000. CEQA Status – Not a Project
MOTION: Council Member Burt moved, seconded by Council Member Lythcott -Haims to approve of an employment agreement and adopt a resolution to appoint Mahealani Ah Yun to the position of City Clerk at an annual salary of $165,000.
MOTION PASSED: 7-0
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DRAFT ACTION MINUTES
City Council Regular Meeting
Draft Action Minutes: 01/22/2024
11. Adoption of a Resolution and Approving an Easement Relocation Agreement Relocating and Vacating a 25 Foot Public Service Easement at the Castilleja School at 1263 Emerson Street and 220 Embarcadero Road (also commonly known as 1310 Bryant Street), Assessor Parcel Numbers 124-12-033 & 124-12-034; CEQA status – categorically exempt.
MOTION: Council Member Lythcott-Haims moved, seconded by Council Member Veenker to:
1. Approve and authorize the City Manager or designee to execute the Easement Relocation Agreement relocating a public service easement on the Castilleja School located at 1263 Emerson Street and 220 Embarcadero Road (also commonly known as 1310 Bryant Street); and
2. Adopt a resolution summarily vacating a public service easement on the Castilleja School located at 1263 Emerson Street and 220 Embarcadero Road (also commonly known as 1310 Bryant Street) after the relocated easement has been recorded.
MOTION PASSED: 6-1, Kou no
12. Review and Accept the FY 2025 - FY 2034 Long Range Financial Forecast (LRFF) and FY 2025 Budget Development Guidelines as Recommended by the Finance Committee, CEQA Status – Not a Project
MOTION: Vice Mayor Lauing moved, seconded by Council Member Kou to accept the General Fund Long Range Financial Forecast (LRFF) for Fiscal Year 2025 -2034 (Attachment I) and the FY 2025 annual Budget Development Guidelines (Attachment II) and direct staff to use this forecast as the starting point for the initiation of the FY 2025 budget process.
MOTION PASSED: 6-1, Tanaka no
13. Update regarding State and Federal Legislation and Approval of the Annual Legislative Guidelines and Legislative Platform as Recommended by the Policy & Service Committee.
CEQA Status – Not a Project
MOTION: Council Member Burt moved, seconded by Vice Mayor Lauing to approve the 2024 Federal and State Legislative Guidelines / Legislative Platform (Attachment A) and accept a legislative update with the following changes (italics/bold are new text):
1. Update the foundational Principles #3 first sentence to read as follows : "Preserve and Protect the City's Powers, duties, and discre tion to enact and engage in local processes and policy making concerning local affairs and oppose efforts and legislation from the state and regional bodies that preempt local authority and do not align with City Item 2
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DRAFT ACTION MINUTES
City Council Regular Meeting
Draft Action Minutes: 01/22/2024
priorities. Advocate for longer lead times for implementation of new legislation that adversely impacts Palo Alto".
MOTION PASSED: 6-1, Kou no
AMENDMENT: Council Member Tanaka, seconded by Council Member Lythcott-Haims to update bullet #7 from Housing section to read as follows:
“Supports the provision of greater lead times for Palo Alto to implement state legislation when necessary to comply with new land use and housing requirements within the local context”.
AMENDMENT PASSED: 5-2, Kou, Lauing no
Adjournment: The meeting was adjourned at 10:50 P.M.
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DRAFT ACTION MINUTES
City Council Regular Meeting
Draft Action Minutes: 01/22/2024
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor NOTE: Action minutes a re prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website.
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CITY COUNCIL
DRAFT ACTION MINUTES
Special Meeting
January 29, 2024
The City Council of the City of Palo Alto met on this date in the Mitchell Park Community Center, El Palo Alto Room and by virtual teleconference at 5:30 P.M.
Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Present Remotely:
Absent:
2024 ANNUAL COUNCIL RETREAT PROGRAM
1. Roll Call and Welcome from Mayor Stone Presentation
2. City Council Retreat: Discussion and Selection of 2024 City Council Priorities 2A. Discuss 2023 City Council Priorities & Objectives
2B. Discuss Key Inputs for Priority Setting: Community and Councilmember Feedback 2C. Selection of 2024 Council Priorities & Discussion on Strategies to Achieve Priorities MOTION: Mayor Stone moved, seconded by Council Member Veenker to modify Community Health & Safety to “Community Health, Safety, Wellness, & Belonging”.
MOTION PASSED: 5-2, Lauing, Kou no
MOTION: Council Member Veenker moved, seconded by Council Member Lythcott- Haims to approve the 2024 Council Priorities as follows:
• Community Health, Safety, Wellness, & Belonging
• Economic Development & Transition
• Climate Change & Natural Environment – Protection & Adaption • Housing for Social & Economic Balance
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DRAFT ACTION MINUTES
Sp. City Council Meeting
Draft Action Minutes: 01/29/2024
MOTION PASSED: 7-0
2D. Discuss City Council Norms for 2024
2E. Retreat Debrief, Take Away and Next Steps
Adjournment: The meeting was adjourned at 10:15 P.M.
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DRAFT ACTION MINUTES
Sp. City Council Meeting
Draft Action Minutes: 01/29/2024
ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor NOTE: Action minutes a re prepared in accordance with Palo Alto Municipal Code (PAMC)
2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section
2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website.
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: February 12, 2024
Report #: 2311-2257
TITLE
Approval of Contract Number C24187805 With Carollo Engineers, Inc. in the Total Amount Not- to-Exceed $1,628,326 for Planning and Preliminary Design of a Headworks Facility at the Regional Water Quality Control Plant, funded by Wastewater Treatment Enterprise Fund Capital Improvement Program Project WQ-16002; CEQA Status – Not a “Project.”
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to execute Contract Number C24187805 with Carollo Engineers, Inc. in an amount not-to-exceed $1,628,326 for planning and preliminary design of a Headworks Facility at the Regional Water Quality Control Plant, funded by Wastewater Treatment Enterprise Fund Capital Improvement Program Project WQ-16002. The contract amount includes $1,480,296 for basic services and $148,030 for additional services. The contract term is through June 30, 2032.
EXECUTIVE SUMMARY
The Regional Water Quality Control Plant requires a new Headworks Facility to replace aging raw sewage pumping equipment as well as preliminary treatment equipment that removes debris, rags, and grit from influent prior to conveyance to primary treatment facilities. Approval of Contract Number C24187805 with Carollo Engineers, Inc. will initiate planning and preliminary design that will allow for subsequent detailed design and eventual construction of a new Headworks Facility.
BACKGROUND
The Regional Water Quality Control Plant (RWQCP, Plant) was originally constructed in 1934 and has undergone several expansions and upgrades. Preliminary treatment of the Plant’s influent flows includes the removal of debris, rags, and grit via grinders, barscreens, and a cyclone classifier. Wastewater is pumped to the influent channel of four primary sedimentation tanks for further treatment.
The plant’s original raw sewage pumping plant consisted of only pumps. It was replaced in 1956 by another pumping plant (named Old Pumping Plant now) to add new pumps and grinders to Item 3
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grind rags and large debris into smaller pieces that subsequently get removed at the primary sedimentation tanks. In 1972, another pumping plant (named New Pumping Plant) was constructed to add larger capacity pumps and equipment (i.e., barscreens) that can remove rags and large debris and thereby improve the performance of the primary sedimentation tanks and sludge pumps. To further reduce the loadings to the primary sedimentation tanks and protect downstream equipment, mechanical equipment (i.e., a cyclone classifier) was installed in 1988 to facilitate the removal of abrasive grit and sand from the primary influent channel. As the equipment continued to age, the Old Pumping Plant was rehabilitated in 2018 to supplement pumping capacity during maintenance events and high flow situations. Both the 1956 and 1972 raw sewage pumping plants remain in service to accommodate a larger regional community as well as wet weather influent flows of up to 80 million gallons per day. Because of age and obsolete technology, the existing two pumping plants, barscreens, and grit removal system do not remove as much screenings and grit as could be achieved with a newer system.
During the winter storms in January 2023, large amounts of grit damaged sludge collection equipment in the primary sedimentation tanks, reinforcing the need for an upgrade to the aging equipment.
The proposed Headworks Facility replaces and upgrades the preliminary treatment equipment.
The need for replacement of the preliminary treatment facility (a.k.a., headworks) was first identified in the Long Range Facilities Plan,1 which was accepted by the Council in 2012.2
ANALYSIS
The proposed new headworks facility includes a new pumping plant; modern equipment for rags, debris, and grit removal; and upgraded ancillary systems to improve reliability and resiliency of the preliminary treatment process units. Staff recommends procuring a design consultant to perform planning, preliminary design, and detailed design of the headworks facility. The consultant’s scope of work is summarized herein.
As part of the planning and preliminary design effort, the consultant will:
•verify the plant’s influent flows and solids characteristics; •perform alternative analysis to select the appropriate pumping equipment and technologies for solids removal and odor control;
•perform site layout alternative analysis and recommend the best layout for siting the headworks facility;
1 Long Range Facilities Plan for the Regional Water Quality Control Plant, 2012; https://www.cityofpaloalto.org/files/assets/public/public-works/water-quality-control-plant/lrfp-final-report-08- 2012.pdf
2 City Council, July 2, 2012; Agenda Item #1; SR #2914. https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2012/id-2914.pdf
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•perform preliminary design for the headworks facility housing new pumps, solids removal equipment, odor control system, power distribution equipment, and other ancillary systems. The design will include consolidation of the plant’s electrical power feeds for the headworks facility and adjacent maintenance building and UV facility as well as modifications to existing facilities for process unit tie-ins; •prepare a preliminary design report documenting the basis of design; •develop preliminary construction sequencing plan that will allow continuous plant operation during construction with minimal interruption; and •develop a preliminary cost estimate for construction of the headworks facility.
A request for proposals (RFP) for the project was posted on PlanetBids, the City’s eProcurement platform, and 2,145 vendors were notified. The solicitation period was posted for 62 days; five proposals were received. The solicitation closed on June 6, 2023.
Table 1: Summary of Request for Proposal
Proposal Description Design Services for Headworks Facility, RFP187805 Proposed Length of Project 8 Years (2024 to 2032)
Number of Vendors Notified 2,145
Number of Proposal Packages Downloaded 31
Total Days to Respond to Proposal 62
Pre-Proposal Meeting and Date Yes, Mandatory, 4/25/2023 Number of Proposals Received 5
Proposal Price Range Basic Services (Planning and Preliminary Design):
$997,880 to $2,073,444
Optional Services (First 10,000 Hours of Detailed Design):
$2,991,615 to $4,220,398
Public Link to Solicitation https://pbsystem.planetbids.com/portal/25569/bo/bo- detail/104153#
Note: The RFP included the scope of work for planning, preliminary design, and detailed design. The costs for optional services shown in the table above represent an estimated level of effort for the first 10,000 hours of detailed design in 2023 dollars. The total level of effort for the detailed design can only be determined after planning and preliminary design are completed.
The proposals were evaluated and determined to be responsive to the criteria identified in the RFP. Two of the proposals demonstrated less headworks design experience compared to the other three proposals, despite their lower price range. Carollo Engineers, Inc. (Carollo) was selected because of the quality of their proposal and effectiveness of their services; the experience of their staff, as demonstrated during their presentation; relatively higher number of headworks projects completed to date; prior record of performance with the City; and their ability to provide future services. Staff from the City of Sunnyvale and San Francisco Public Item 3
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Utilities Commission provided positive feedback to Public Works staff regarding Carollo’s design of those cities’ new headworks facilities. Staff recommends that Council approve and authorize the City Manager or their designee to execute Contract Number C24187805 (Attachment A) with Carollo Engineers, Inc. in an amount not-to-exceed $1,628,326 including $1,480,296 for basic services associated with planning and preliminary design (30 percent design stage) of a new Headworks Facility and $148,030 for additional services. The total amount of $1,628,326 excludes the cost for detailed design.
Upon completion of the preliminary design as part of the basic services and if Carollo’s performance is deemed satisfactory, staff and Carollo will determine the scope for detailed design and negotiate the associated fee. Staff would then return to Council requesting an approval of an amendment to Carollo’s contract to increase the funds to complete the detailed design. If Carollo’s performance for planning and preliminary design is not satisfactory, staff would issue a new RFP and return to Council for approval of a new design contract with another design consultant. The RFP would include the preliminary design report completed by Carollo and the associated findings and design concepts would be incorporated into the detailed design by the new design consultant.
The project’s planning and preliminary design is expected to be completed by December 31, 2025. Preliminary design will be followed by 18 more months of detailed design. Securing the project’s detailed design and construction funding could take up to two years. After that, construction is anticipated to take up to three years. The completion date for Carollo’s Contract No. C24187805 (Attachment A) is June 30, 2032, following the record drawing preparation.
FISCAL/RESOURCE IMPACT
Funding for the project’s planning and preliminary design in an amount not-to-exceed $1,628,326 is available in the Fiscal Year 2024 Adopted Wastewater Treatment Fund Headworks Facility Replacement Capital Project (WQ-16002).
Upon completion of the preliminary design, staff will return to Council requesting approval for 1) either a detailed design contract with a new consultant or a contract amendment with Carollo to perform detailed design and to increase funding, which is estimated to range from $2.8 million to $9.0 million; and 2) amendments to partner agency agreements to share the aforementioned increased costs which will be funded by an alternate financing mechanism.
Detailed design financing is expected to be secured within six months following completion of the preliminary design from either a revenue bond issuance or from partner installment payments for a pay-as-you-go approach.
If eligible, financing of the detailed design and engineering services during construction will be rolled into the construction financing to obtain the most favorable rates and terms. Staff intends to seek federal and state financing through the United States Environmental Protection Item 3
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Agency (USEPA) administered Water Infrastructure Finance and Innovation Act (WIFIA) and the Clean Water State Revolving Fund (CWSRF) program loans. If these lower-interest loans cannot be obtained, staff will seek bond financing. WIFIA, CWSRF, and bond interest rates are currently estimated at 3.9%, 1.7%, and 4.5%, respectively.
Based on the initial cost estimate in the 2012 LRFP, Carollo’s recent headworks project experience, costs of other new headworks facilities constructed in the region, and the preliminary and more elaborate project definition described in the RFP scope of services, Carollo’s preliminary estimate shows the RWQCP Headworks Facility construction is expected to cost between $55 million and $150 million. For comparison, the City of Sunnyvale’s Headworks Facility, which will handle 25 percent less flow than the RWQCP facility and includes some upgraded primary treatment facilities, was constructed for $99.5 million (2018 dollars). A preliminary construction cost estimate will be available by September 2025, which will be used to update the project’s WQ-16002 capital budget amount.
STAKEHOLDER ENGAGEMENT
This project is part of the RWQCP’s major capital improvement program funded by the City of Palo Alto and its five partner agencies who use the RWQCP for wastewater treatment. The five partner agencies are regularly updated on both the need for and the progress of wastewater treatment capital work. Updates are provided each year at an annual meeting and at other periodic meetings established to inform partner agency staff about the major capital improvement program. With respect to Palo Alto itself, the open meetings on the budget process serve as the main venue for engaging the community on both new projects such as this and associated rate impacts.
ENVIRONMENTAL REVIEW
Council action on this item is not a project under the California Environmental Quality Act (CEQA) because a contract for planning and preliminary design does not commit the City with regard to the proposed headworks facility. Evaluation under CEQA will be completed prior to the award of the construction contract and commencement of the construction work.
ATTACHMENTS
Attachment A: Contract C24187805 with Carollo Engineers, Inc.
APPROVED BY:
Brad Eggleston, Director of Public Works/ City Engineer Item 3
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CITY OF PALO ALTO CONTRACT NO. C24187805
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND CAROLLO ENGINEERS, INC.
This Agreement for Professional Services (this “Agreement”) is entered into as of the 12th day of February, 2024 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and CAROLLO ENGINEERS, INC. , a California Corporation , located at 2795 Mitchell Drive, Walnut Creek, CA 94598 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:
RECITALS
A. CITY intends to construct a new Headworks Facility (the “Project”) and desires to engage a consultant to provide planning and preliminary design services in connection with the Project ( the “Services”, as detailed more fully in Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through June 30, 2032 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.
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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 exceed One Million Four Hundred Eighty Thousand Two Hundred Ninety-Six Dollars ($1,480,296.00). The hourly schedule of rates, 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.
Optional Additional Services Provision (This provision applies only if checked and a not -to- exceed compensation amount for Additional Services is allocated below under this Section 4.) In addition to t he not-to-exceed compensation specified above, CITY has set aside the not -to- exceed compensation amount of One Hundred Forty -Eight Thousand Thirty Dollars ($148,030.00) for the performance of Additional Services ( as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C , shall not exceed One Million Six Hundred Twenty -Eight Thousand Three Hundred Twenty-Six Dollars ($1,628,326.00), as detailed in Exhibit C. “Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A . CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional S ervices in this Section 4.
CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A -1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order , based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager w ithin the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the Services performed and the applicable charges (including, if applicable, an identification of personnel who performed the S ervices, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address speci fied in Section 1 3 (Project Management) below.
CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.
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SECTION 6. QUALIFICATIONS/STANDARD OF CARE . All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it, its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS . CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement, as amended from time to time. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely respo nsible for costs, including, but not limited to, increases in the cost of Services , arising from or caused by CONSULTANT ’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more, CONSULTANT shall make recommendations to CITY for aligning the P roject design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the S ervices requested by CITY under this Agreement. CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT will be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities related to CONSULTANT’s performance of the Services, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT.
Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT’s provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULT ANT’s obligations hereunder without the prior written approval of the City Manager. Any purported assignment made without the prior written approval DocuSign Envelope ID: ACBEADD7-93A4-4809-9985-4D41F46BA84B Item 3
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of the C ity Manager will be void and without effect . Subject to the foregoing , the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, succes sors, executors, administrators and assignees of the parties.
SECTION 12. SUBCONTRACTING.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the C ity Manager or designee.
In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors.
Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcon tractors authorized by CITY to perform work on this Project are:
Subcontractor: Service:
Bay Area Coating Consultants, Inc. Coating Specialist Callander Associates Landscape Architecture Design
Environmental Science Associates Environmental Assessment and Permitting Exaro Technologies Corp. Potholing
Haley & Aldrich Geotechnical Study
JDH Corrosion Consultants, Inc. Corrosion Protection
Jensen Hughes Fire Protection
Mizutani Environmental Air Permitting
MWA Architects, Inc. Building Architecture
TJC and Associates, Inc. SCADA, Electrical and Instrumentation Towill, Inc. Surveying
Wilson Ihrig Noise Control
CONSULTANT shall be responsible for dir ecting the work of any subcontractors and for any compensation due to subcontractors . CITY assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcontra ctors. CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Rick Chan, 2795 Mitchell Drive, Walnut Creek, CA 94598, Telephone: 925- 786-0118, Email: [email protected]. as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day-to-day performance of the Services.
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If circumstances cause the substitution of the CONSULTANT’s P roject Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute P roject Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.
CITY’s Project Manager is Siew Ching Chin, Public Works Department, Environmental Services Division, 2501 Emabarcadero Way Palo Alto, CA , 94303, Telephone: 650-838-2917, Email:
[email protected]. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available t o any individual or organization without the prior written approval of the C ity Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services.
SECTION 15. AUDITS . CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement , including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor).
CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
[Option A applies to the following design professionals pursuant to Civil Code Section 2782.8:
architects; landscape architects; registered professional engineers and licensed professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all third party demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) to the extent that such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. CITY will reimburse CONSULTANT for the proportionate percentage of defense costs exceeding CONSULTANT’s proportionate percentage of fault as determined by the final judgment of a court of competent jurisdiction.
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[Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement.
16.3. The acceptance of CONSULTANT’s S ervices and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS . No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 29.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or parti al exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS” . CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A -:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT , CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business DocuSign Envelope ID: ACBEADD7-93A4-4809-9985-4D41F46BA84B Item 3
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days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT ’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agr eement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies prov ided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination, CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination.
19.2. In event of suspension or termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Services provided in material conformity with this Agreement as such d etermination is made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement:
14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
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With a copy to the Purchasing Manager
To CONSULTANT: Attention of the P roject Manager at the address of CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California , as amended from time to ti me.
CONSULTANT agrees to notify CITY if any conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender , gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CON SULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations , as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with t he CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department , hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include , DocuSign Envelope ID: ACBEADD7-93A4-4809-9985-4D41F46BA84B Item 3
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first, minimizing and reducing waste; second, reusing waste; and, third, recycling or composting waste. In particular, CONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to C ITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable- based inks.
(b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. C ONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLI ANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE .
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. NON -APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code , as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fi scal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available.
This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 2 6. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.
26.1. This Project is subject to prevailing wages and related requirements as a “public works” under California Labor Code Sections 1720 et seq. and related regulations.
CONSULTANT is required to pay general prevailing wages as defined in California Labor Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time . Pursuant to Labor Code Section 1773, the C ITY has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the State of California Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the CITY’s Purchasing Department office. The general prevailing wage rates are also available at the DIR, Division of Labor Statistics and Research, web site (see e.g. http://www.dir.ca.gov/DLSR/PWD/index.htm) DocuSign Envelope ID: ACBEADD7-93A4-4809-9985-4D41F46BA84B Item 3
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as amended from time to time. CONSULTANT shall post a copy of the general prevailing wage rates at all Project job sites and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code (Labor Code Section 1720 et seq. ), including but not limited to Sections 1725.5, 1771, 1771.1, 1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable implementing r egulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.), as amended from time to time. CONSULTANT shall comply with the requirements of Exhibit E , entitled “DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS”, for any contract for public works construction, alteration, demolition, repair or maintenance, including but not limited to the obligations to register with, and furnish certified payroll records directly to, DIR.
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. ( Cal. Pub.
Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
This Project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose. CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangib le or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement.
Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfu lly obtained by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, DocuSign Envelope ID: ACBEADD7-93A4-4809-9985-4D41F46BA84B Item 3
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provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, C ONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.
29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.
29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action.
The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.
29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.
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29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.
29.10. CITY-PROVIDED INFORMATION. The CITY shall furnish the CONSULTANT available studies, reports and other data it deems necessary for CONSULTANT's performances of Services under this Agreement, which CONSULTANT may use and rely upon to perform those Services, so long as CONSULTANT’s us e of any Confidential Information complies with Section
28. 29.11. ESTIMATES AND PROJECTIONS. CONSULTANT has no control over the cost of labor, materials, equipment or services furnished by others, over the incoming water quality and/or quantity, or over the way the CITY’s plant(s) and/or associated processes are operated and/or maintained.
Data projections and estimates are based on CONSULTANT’s opinion based on experience and judgment.
29.12. THIRD PARTIES. The Services to be performed by CONSULTANT are intended solely for the benefit of the CITY.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
EXHIBIT E: DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
EXHIBIT F: CLAIMS FOR PUBLIC CONTRACT CODE SECTION 9204 PUBLIC
WORKS PROJECTS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
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CONTRACT NO. C24187805 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or Designee
CAROLLO ENGINEERS, INC.
Officer 1
By:_______________________________
Name: ___Rick Chan_________________
Title: Senior Vice President____________
Officer 2
By:_________________________________
Name: Anne Prudhel___________________
Title: Executive Vice President___________
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”.
Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualific ations, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in t he planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services.
BACKGROUND
Based on the Long Range Facilities Plan (LRFP) 1 and lessons learned from 2022 -2023 peak wet weather events, the City identified and described in Request for Proposal (RFP) No.187805 the constraints and issues of the existing primary treatment process units , and goals of the new Headworks Facility Proje ct (Project). This information shall be taken into consideration and verified by the CONSULTANT as part of this Project.
SCOPE OF SERVICES
I. BASIC SERVICES
The CONSULTANT’s scope of work shall include the tasks described in the following sections. The CONSULTANT shall not perform work on a specific task prior to a written approval by the City.
Task 1 – Project Management
Task 1.1 Invoicing/Project Controls
Provide necessary administration, project controls, quality assurance and professional oversight of the Project, the CONSULTANT’s staff, and the CONSULTANT's subconsultants to ensure the
1 Long Range Facilities Plan for the Regional Water Quality Control Plant , 2012; https://www.cityofpaloalto.org/files/assets/public/public-works/water-quality-control-plant/lrfp-final-report-08- 2012.pdf
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Project remains on schedule, remains within budget, maintains continuity of information, and satisfies the requirements of the CONTRACT.
Prepare and distribute a Project Management Plan (PMP) for City’s record. Within the PMP, include the baseline schedule, budget, spending projection, contacts /subcontracts and procedures. Include a Project Directory with roles and contact information and a Quality Assurance and Quality Control Plan.
Prepare and submit monthly invoice packages to the City. Billing period shall include the full calendar month and not overlap two separate fiscal years (i.e., not to combine June and July invoices). If reimbursable costs are incurred, include a summary table listing the subject matter/personnel name, date, purpose and associated expenses. Provide receipts and label each receipt with a numerical number. To meet CWSRF loan requirements, reimbursement for necessary travel and meal shall be at rates not to exceed those set by the California Department of Human Resources
2. Include a progress report with invoices to docum ent progress. Provide progress updates for each task on the sub- task level, the budget status (authorized amount, current billing, billed to date, previously billed, amount remaining, and percent spent), an earned value analysis chart, a list of outstanding issues and potential changes, a Project schedule status and schedule concerns. Identify and mitigate potential budget overruns and schedule changes.
Track a subtotal of all CWSRF eligible costs per each invoice.
Prepare, maintain, and update the status of Project schedule for City’s review and comments.
Prepare Project schedule status monthly with the Progress Report. Identify and mitigate schedule changes.
The following subtasks separates out project management services for each Task.
Task 1.1.1 Project Management
for Task 2 “Design Bases Determination”.
CONSULTANT shall perform project management and administrative services as described in Task 1.1 for Task 2 “Design Bases Determination”.
Task 1.1.2 Project Management for Task 3 “Regulatory and Monitoring Support” CONSULTANT shall perform project management and administrative services as described in Task 1.1 for Task 3 “Regulatory and Monitoring Support”
2 California Department of Human Resources. Travel Reimbursements. https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Web 3/20/2023
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Task 1.2 Kick-Off Meeting
CONSULTANT shall facilitate an in-person/virtual meeting at the initiation of the Project (Kick-Off Meeting), with the City Project Manager and City staff to discuss overall Project coordination, data collection, and Project schedule. Walk the Project site. Provide meeting attendees with an agenda seven (7) calendar days in advance of the date of the meeting. Provide meeting attendees with summary minutes and electronic copies of supplemental materials used during the meeting no later than fourteen (14) calendar days from the date of the meeting.
Task 1.3 Project Progress Meetings
Conduct remote (via phone or web conference services) Project Progress Meetings with City Project Manager, starting at twice a month minimum frequency throughout the preliminary and detailed design phases. Frequency of Project Progress Meetings can be adjusted or decreased at the City’s discretion.
Deliverables:
• Agenda and minutes for all meetings
• Monthly invoices, including monthly Progress Reports
• Draft and final Project Management Plan
Task 2 – Design Bases Determination
Task 2.1 Wastewater Characterization
CONSULTANT shall verify the wastewater characteristics of the influent flow to determine peak hour grit loadings and other required parameters. For budgeting purposes, CONSULTANT shall conduct a total of four (4) sampling episodes (targeting two (2) dry weather and two (2) wet weather events) within a six -month period. Each sampling episode will consist of three days of grit sampling and testing at the RWQCP to characterize the grit size and measure grit settling velocity. For each sampling episode, CONSULTANT shall conduct approximately six (6) hours of continuous sampling bracketing the daily peak flow ramp-up. CONSULTANT shall prepare a field report of each sampling episode that includes all raw data collected and provide side -by-side plots of weight distribution of grit physical size, influent grit concentration and projected daily grit loads, sand equivalent size determination, and percent total solids and total volatile solids.
Using the data from all four (4) sampling episodes, CONSULTANT shall develop a plant -specific, predictive grit removal curve to establish the design basis for the grit removal facility.
CONSULTANT shall review and analyze the Plant’s influent flows from 1998 to 2023 to evaluate and confirm the following flow parameters desired for design. These include: 1) minimum flow, 2) average dry weather flow, 3) average wet weather flow, 4) peak dry weather flow, and 4) peak wet weather flow.
CONSULTANT shall review and analyze the Plant’s records on influent grit tonnage and flow trends from the 2022/2023 wet season.
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CONSULTANT shall prepare and submit two technic al memorandums (TM) to document this effort:
• TM1: This will document the analysis of influent flow and plant records on influent grit tonnage.
• TM2: This will document the results of the wastewater grit characterization described above.
Task 2.2 Geotechnical Desktop Study
CONSULTANT shall perform a desktop review of existing Geotechnical Reports completed for the RWQCP and identify data gaps. This will include the following:
• Geotechnical site reconnaissance of the headworks area(s) proposed to be evaluated. • Compilation and review of available, pertinent soils, geotechnical, geologic, and seismic data previously developed for improvements at the site completed in previous geotechnical reports and readily attainable from the City, Caltrans, USGS, and other public agencies.
CONSULTANT shall then prepare a Geotechnical Desktop Study that includes a summary of key findings and conclusions of the following items: 1) known geotechnical explorations map of the project area, regional soils and geologic maps, grou ndwater levels recorded in the project area, geologic hazard maps, general excavation and shoring requirements, selected geologic engineering soil properties, preliminary foundation design recommendations for piles and mat foundation designs, and a site-specific geotechnical field investigation plan.
Note that the geotechnical field investigation activities, as well as potholing for underground utilities and topographic surveying services will be conducted as part Detailed Design.
Task 2.3 Workshops
Conduct workshops with Plant staff on specific process units and facilities that are included as part of this Project. Hybrid meetings (in -person and virtual) with CONSULTANT are preferred.
Verify Plant’s meeting audio/visual equipment in advance . Provide meeting attendees with an agenda and materials at least seven (7) calendar days in advance of the date of the workshop.
Provide meeting attendees with summary minutes no later than fourteen (14) calendar days from the date of the workshop. CONSULTANT may include vendor presentations for major equipment to help the City to understand the functions, operations and maintenance requirements associated with the specific equipment.
Workshop topics shall include, but not limited to the following:
1) Rehabilitate or replace existing influent junction box (JB0) o Influent gate reliability and redundancy criteria
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o Influent gate actuator controls technologies and alternatives o Influent gates modes of operation
o O&M considerations
2) Hydraulics and Lift Pump Technology
o Pump system reliability and redundancy criteria
o Pump performance criteria
o Dry well pump station layout alternatives
o Pump type alternatives
o O&M considerations
3) Screening Technology (following Task 2.1)
o Screening system reliability and redundancy criteria
o Single- vs. multi-stage screening comparison and need evaluation o Screening technologies (coarse and fine screening) and alternatives o Screening processing/conveyance/dewatering technologies and alternatives o O&M considerations
4) Degritting Technology (following Task 2.1)
o Grit removal system reliability and redundancy criteria o Grit assay/load
o Grit removal technologies and alternatives
o Grit washing and handling technologies and alternatives o O&M considerations
5) Odor and Odor Control
o Odor control system reliability and redundancy criteria o Odor control technologies and alternatives
o Multi-gas (H2S, CO, O2 and LEL) monitoring
o Anticipated odor control demand
o Odor control strategy alternatives for open and enclosed facilities. Consider energy, noise, maintenance, and bioscrubber and/or chemical use. o Overall ventilation strategy
o O&M considerations
6) Septage Receiving Station
o Rock trap
o Grinder
o Monitoring
o Washdown and cleanup equipment
o Security camera and electronic login station to track septage unloading quantities for billing purposes.
o Site traffic attributed by the septic trucks
o O&M considerations
7) Wastewater and Waste Streams Monitoring
o Influent flow monitoring; recycle (return) flow monitoring; and drain water metering
o Equalization
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o Influent raw sewage sampling system
o O&M considerations
8) Modifications to former CCT Inlet Box, Outlet Box and Recycled Water Feed Pumps to allow for demolition of CCT.
o The inlet box is located on the southeast corner of the CCT. It is no longer in service. An old sluice gate at the inlet box was kept in closed position to isolate the flows from the 72” pipe which is still charged with flows from the Dual Media Filter.
o The Outlet Box (still active) is attached to former CCT. Circa 2009, it was modified to receive final effluent from the new UV Facility and convey flows via two 48” diameter pipes to the Final Effluent Outfall Structure. As part of this Project relocate or modify the Outlet Box and associated piping, as needed. o The Recycled Water Feed Pumps are located immediately adjacent to the former CCT. These pumps and associated suction and discharge piping shall be replaced and relocated to allow for demolition of the former CCT. 9) Power
o Medium Voltage Distribution Upgrades
The 12kV Power Distribution Upgrades Project (designed completed by Salas O’Brien in 2022) includes 7 phases of construction that will need to be completed at RWQCP. As part of this Headwo rks Project, evaluate the need and include logistics to incorporate some phases of the medium voltage upgrades into the Project
o New Headworks Equipment
New motor control centers (MCCs), power meters and variable frequency drives (VFDs)
New 12kV Load Centers
New backup standby generator, automatic transfer switch and above ground diesel fuel storage tank
o Arc Flash Mitigation
Review current industry best practices for arc flash mitigation and discuss design strategies for integrating arc flash mitigation into the plant’s standard operating procedures
o Existing Infrastructure
Retirement of MCC-D and MCC-E from service from the NPP generators MCC-D and MCC -E have their main breakers and their ATS units in the decommissioned Incinerator Building. They are connected to the backup generator inside NPP. A refeed of power distribution of MCC -D and MCC- E from the Sludge Dewatering and Loadout Facility to allow further decommissioning of the Incinerator Building is desired. The Sludge Dewatering and Loadout Building already anticipated future power distribution to MCC -D and MCC -E, including connected load for standby power, and this Project would have stranded assets if left powered by generators at the NPP.
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10) Palo Alto RWQCP Process Automation Standards
o Plant’s I&C & SCADA standardization, including discussions on asset tagging, process tagging, design document formats, panel and wiring requirements, Programmable Automation Controller hardware and software standards, programming standards, control system networking standards, and graphical system standards.
11) Corrosion Protection and Cathodic Protection
o Protection of new and related existing facilities from corrosive sewage off-gas and surrounding chloride-latent groundwater
12) Landscape and Screening
o Comply with City’s Tree Protection Ordinance
3 o Comply with City’s guidelines on plant species and landscape development4 13) Operations and Maintenance
o Hydraulic control strategy
Influent sewer water level monitoring
Equalization
Hydraulic control procedures and equipment
o Screenings and Grit Handling and Disposal
Truck turnaround analysis
Separate or combined dumpsters (for both screenings/grit) Dumpster removal logistics
o Equipment seal water, washwater and area hose bib water demand o Power and standby power demands
o Equipment accessibility for O&M operations
14) Layout
o Collaborate with the City to develop at least three and up to five layout concepts.
Perform an evaluation of the concepts and present the layouts. Example parameters that could be varied between concepts include Headworks Facility location, footprint, fac ility depth, and equipment within the headworks building or standalone.
Consider foundation systems, Palo Alto Sea Level Rise Adaptation Policy 5,
existing facility demolition, and other significant ancillary improvements to implement each concept.
3 City of Palo Alto. Tree Ordinance Information. https://www.cityofpaloalto.org/Departments/Public-Works/Public- Services/Palo-Altos-Urban-Forest/Tree-Ordinance-Update-2022/Tree-Ordinance-Information. Web 3/20/2023 4 City of Palo Alto. Palo Alto Municipal Code. American Legal Publishing. https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0- 0-0-59235. Web 3/20/2023 5 City of Palo Alto. Sea Level Rise Adaptation Policy. Approved March 18, 2019. https://www.cityofpaloalto.org/files/assets/public/sustainability/sea-level-rise/slr-adaptation- policy_web.pdf?t=71340.78. Web 3/20/2023
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Some of the demolition, reconfiguration, and/or repurposing that may be required to implement the Project, avoid stranded assets, and/or meet the Project’s Long-Term Goals includes:
i. Original Pump House constructed in 1934 and
decommissioned in 1956. It is now being used by operators for confined space training. Building is powered by MCC-C. ii. Old Pumping Plant (OPP) and MCC-C.
iii. New Pumping Plant (NPP)
iv. Raw Sewage Meter Pit
v. Buried 15” vitrified clay pipe (VCP) recycled (return) line vi. Buried 12” VCP yard drain line
vii. Septic pad and related piping
viii. Diesel fuel storage tank for the backup generator ix. NPP generators
x. NPP exhaust air piping and soil biofilter (BAAQMD
abatement device for NPP)
xi. Influent box sluice gates and hydraulic control equipment Show proposed modifications to the CCT inlet box, outlet box and recycled water feed pumps.
In collaboration with the City, determine the best layout (preferred alternative) for the Headworks Facility.
City will provide upstream water surface elevations in the collection system just upstream of JB0 for CONSULTANT’s use for hydraulic modeling of the preliminary treatment process (i.e., no collection system modeling is required of the CONSULTANT).
o Include a layout drawing(s) and a process flow diagram for each concept. o Provide a list of major equipment and facility components, a list of existing facilities to be rehabilitated, and a list of existing facilities to be demolished for each concept.
o Provide a high-level Class 4 construction cost estimate for each concept. 15) Constructability and Sequencing Workshop for the preferred Headworks Facility Project alternative
o Sequence of improvements and decommissioning/demolition o Extent of shutdowns and shutdown strategies
o Replacement of yard piping (force main) to Primary Influent Channel Materials
Temporary facilities
o Power feed modifications at Sludge Dewatering Building, former Incineration Building and Headworks Facility. Include interface with the 12kV ductbank layout in the yard and standby power system, all designed by others. o Plant operations and maintenance during construction
o Coordination with the other CIP construction projects during the Project construction
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16) Bypassing and Shutdown Coordination Workshop (separately or in conjunction with the Constructability and Sequencing Workshop)
o Address bypass configurati on required to complete the work, as understood at the preliminary design stage, including:
60” Raw Sewage Force Main to Primary Influent Channel (PIC) replacement PIC cleaning, concrete repair, coating, and improvements (e.g., PST influent gate replacement)
Sludge Dewatering Filtrate (to PIC) bypass
Thickener Overflow (to PIC) bypass
Dual Media Filter Backwash water (to PIC) bypass
Recycled water feed pumps A and B at southwest edge of former CCT Buried 72 -inch secondary clarifier effluent (Dual Media Filter effluent) pipe, not in use at this tail end but still surcharged and connected to former CCT inlet box
Buried 15” diameter recycle (return) line to NPP barscreen room replacement/relocation; line carried scrubber water from 1972 to 2019 and can be oversized for future needs
Note: line carries low pH water from an odor control biofilter dedicated to the Sludge Dewatering and Loadout Facility, incinerator and chlorine building drains, meter pit sump discharge, blend tank drain/overflow line, sodium hypochlorite containment area drains, etc.
Task 2.4 Basis of Design Report
Prepare a Basis of Design Report (BoDR) that incorporates the findings from Tasks 2.1, 2.2, and
2.3. Provide a cover page for each final chapter that includes the stamp and sig nature of the engineer(s) in responsible charge, the review engineer(s) and the preparers. Clearly note assumptions and append calculations with professional engineer’s stamp.
The following shall be included in the BoDR:
• Executive Summary highlighting key analysis, findings, and recommendations. • Design bases, codes and standards for each design discipline. • Update the Plant’s flow and grit/screening projections. Document the following:
o Minimum Flow (MF) and potential for solids deposition and impacts on f low metering
o Average Dry Weather Flow (ADWF) and grit/screening loadings o Peak Dry Weather Flow (PDWF) and grit/screening loadings o Average Wet Weather Flow (AWWF) and grit/screening loadings o Peak Wet Weather Flow (PWWF) and grit/screening loadings • Performance requirements for major equipment and process units. • Anticipated changes/ improvements to Plant’s treatment processes.
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o Screening and degritting equipment shall reduce risks of damages caused by grits and abrasive materials to downstream equipment/processes (e.g., MABR, pumps, clarifiers).
o Existing and potential grit parameters for biosolids receiving facilities. o Identify areas at the Plant where operators observed grit accumulation. • Operations and Monitoring
o Update process flow diagram with metering and sampling locations and associated procedures. Coordinate with City on sampling locations. o Identify major facility assets and associated high -level controls, monitoring and preventative maintenance requirements.
o Develop duty and standby c onfigurations for all major equipment, including the bar screens, pumps, grit system, and power.
o Outline the process control system. Develop control strategy schemes for addressing several operational scenarios:
ADWF mode
PDWF mode
AWWF mode
PWWF mode
Headworks pump failure
Power outages
Plant shutdowns using the influent sewer for temporary storage Electrical switch failure
Maintenance mode
• Permitting and Compliance
o Identify the anticipated conditions or regulatory approval process for design and construction activities, including:
CEQA+ Documentation
Federal Aviation Authority (Notification Forms 7460-1 and 7460-2) Bay Area Air Quality Management District (Odor control and diesel generator approvals)
Palo Alto Planning & Development Department Approvals (Planning and Transportation Commission, Architectural Review Board, Tree Removal) Palo Alto Fire Department
Palo Alto Zoning Requirements (The RWQCP is in the CITY’s PF (D) zone, public facility with a combining site and design review, which imposes certain height restrictions on the new construction. Per the Palo Alto Municipal Code, the height limit is 50’ above grade level.) Palo Alto’s Baylands Nature Preserve Site Assessment and Design Guidelines
Palo Alto Sea Level Rise Adaptation Policy
o Fire protection requirements . Develop a table of the applicable state and local permits, lead times, and approval stage/design milestone o Note pending, or anticipated, regulatory and permitting changes DocuSign Envelope ID: ACBEADD7-93A4-4809-9985-4D41F46BA84B Item 3
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• Layout, Constructability, and Sequencing
o Provide a layout of the preferred Headworks Facility alternative o Provide architectural perspective views of the preferred Headworks Facility alternative
o Provide landscape perspective views surrounding the preferred Headworks Facility alternative
o Develop a sequencing pl an for implementation, including the decommissioning, demolition and/ or modifications of existing facilities. Identify anticipated temporary facilities to maintain Plant’s operations during construction o Identify anticipated major shutdowns and work sequence • Special Equipment
o Recommend equipment that the Project would benefit from if pre -selected or sole-sourced and provide the associated justifications. o Identify equipment that has no known equals. Provide the unique details of the equipment.
• Capital Cost and Life Cycle Cost Estimates
o Develop Class 4 capital costs for the complete Headworks Facility Project, including the costs for the following:
All new equipment, structures, pipelines and ancillary systems Primary Influent Channel work, inclu ding inlet gates replacement, debris cleanout, and concrete repair and coating.
Supplemental grit building replacement
Other existing facilities and ancillary systems identified during the workshop and included in the BoDR.
o Develop a present value for the life cycle costs
Deliverables:
• Wastewater Characterization Field Sampling Plan
• Influent Flow Analysis and Wastewater Grit Characterization Technical Memorandum, draft and final
• Geotechnical Desktop Study (Including a geotechnical Field Investigations Plan), draft and final
• Agenda, materials and minutes for all workshops
• Draft and final versions of each BoDR chapter, with a comment response log • Digital binder of all the final chapters and appendices into a Final Basis of Design Report, including the Executive Summary
• Class 4 Capital and Life Cycle Cost Estimates
Task 3 – Regulatory and Monitoring Support
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Task 3.1 RWQCB Planning
Attend up to three virtual meetings with the San Francisco Bay Area Water Quality Control Board (RWQCB) to present the proposed Project, with a focus on how the construction will be sequenced to facilitate compliance monitoring. Coordinate with the City’s Regulatory Group the scheduling and content for each of the RWQCB meetings. For budgeting purpos es, two (2) CONSULTANT team members will attend each virtual meeting that is anticipated to last a maximum of two (2) hours.
Task 3.2 Collaboration with City’s Regulatory Group and Plant’s SCADA Technologists
Collaborate with the City’s regulatory group and SCADA technologists to plan the following activities:
• Integrating new influent flowmeter(s) signals for temporary bypass system required during construction and permanent flowmeter system into Plant SCADA and Plant information management systems used for regulatory reporting. • Integrating new influent sampling locations used for temporary construction and permanent systems.
Facilitate two (2) virtual workshops to discuss and address the City’s Regulatory Group’s comments. Coordinate with City’s Project Manager on the workshop agenda. Anticipated discussion items include:
• Generator permitting
• Odor control air emission permitting
• Influent flow metering
• Influent sewage sampling
• Septic receiving/monitoring
Deliverables:
• RWQCB meeting minutes
• BAAQMD meeting minutes
• Agenda, materials, and minutes for all workshops/ meetings
II. REIMBURSABLE
See Exhibit C “Compensation” of this Contract.
III. ADDITIONAL SERVICES
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The Consultant shall provide additional services only by advanced, written authorization from the City in accordance with Section 4 of this Contract. The additional services include, but not limited to, the following:
• Additional technical supports associated with unforeseen conditions encountered during construction.
• Additional work related to this Project, as request by the City Project Manager, which is not in Basic Services.
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EXHIBIT A-1
PROFESSIONAL SERVICES TASK ORDER
CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.
CONTRACT NO.
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.:
2. CONSULTANT NAME:
3. PERIOD OF PERFORMANCE: START: COMPLETION:
4 TOTAL TASK ORDER PRICE: $__________________
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________
5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
SERVICES AND DELIVERABLES TO BE PROVIDED
SCHEDULE OF PERFORMANCE
MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable) REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________
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I hereby authorize the performance of the
work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME: ______________________
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
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EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY.
Milestones
Completion
Number of Months (as specified below)
from NTP
1. Project Management 16
2. Basis of Design Report 16
3. Regulatory and Monitoring Support 24
4. Contract End Date 100
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on -call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement.
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EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for S ervices performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as E xhibit C-1 up to the not to exceed budget amount for each task set forth below.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below , provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth i n this Agreement shall be at no cost to the CITY.
BUDGET SCHEDULE
TASK NOT TO EXCEED AMOUNT
Task 1
(Project Management)
$158,582
Task 2
(Basis of Design Determination)
$1,241,744
Task 3
(Regulatory and Monitoring Support)
$59,470
Sub-total for Services $1,459,796
Reimbursable Expenses (if any) $20,500
Total for Services and Reimbursable Expenses $1,480,296 Additional Services (if any, per Section 4) $148,030
Maximum Total Compensation $1,628,326
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REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses , such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordi nary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section , will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are:
travel to the project site from outside of the San Francisco Bay Area and printing of the design document as specified in the Scope of Services up to the not-to-exceed amount of: $20,500.00.
A. Travel outside the San Francisco Bay A rea, including transportation and meals , if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses. To meet CWSRF loan requirements, reimbursement for necessary travel and meal shall be at rates not to exceed those set by the California Department of Human Resources.
B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost.
C. Printing of the project document as specified in the Scope of Services:
• Final Basis of Design Report - 5 copies
All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information.
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EXHIBIT C-1
SCHEDULE OF RATES
The applicable rate schedule by which CONSULTANT will be paid for Services rendered under this Agreement and its Task Order(s), if any, is set forth below as Exhibit “C -1”, entitled “SCHEDULE OF RATES”. The fee schedules attached hereto in Exhibit C -1 shall apply during the first year of the term of the Agreement . Thereafter, CONTRACTOR’s compensation rates shall be adjusted annually effective on the commencement of the second year, as follows: Each unit price, hourly rates, and fee, as set forth in the attached fee schedule, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco -Oakland-San Jose area, published by the United States Department of Labor Statistics (CPI), published most immediately preceding the commencement of the applicable contract year, compared with the CPI published for the prior year.
Notwithstanding the foregoing, in no event shall CONTRACTOR’s compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding contract year. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation as set forth herein shall be at no cost to the CITY . CONSULTANT’s total markup on work performed by any subconsultant shall not exceed five percent (5%). Direct expenses shall be at cost with no markups.
CONSULTANT’s schedule of rates is shown in the following pages:
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Prime Consultant: Carollo Engineers, Inc.
Engineers/Scientists Hourly Rate
2024 / 2025
Assistant Professional I $173.00 / $182.00
Assistant Professional II 200.00 / 210.00
Assistant Professional III 231.00 / 243.00
Professional 257.00 / 270.00
Project Professional 284.00 / 298.00
Lead Project Professional 310.00 / 326.00
Senior Professional 336.00 / 353.00
Technicians
Assistant Technicians I 160.00 / 168.00
Assistant Technicians II 184.00 / 193.00
Technicians 205.00 / 215.00
Senior Technicians 236.00 / 248.00
Support Staff
Document Processing / Clerical 147.00 / 154.00
Other Direct Expenses
Travel and Subsistence at cost
Mileage At IRS Reimbursement Rate Subconsultant cost + 5%
Expert Witness Rate x 2.0
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Subconsultant: Bay Area Coating Consultants, Inc.
Subconsultant: Callander Associates
2024 2025
Principal $250/hour $260/hour
Senior Associate $227/hour $236/hour
Associate $216/hour $225/hour
Arborist/Construction
Manager
$190/hour $198/hour
Senior Project Manager $196/hour $204/hour
Project Manager 1 $187/hour $195/hour
Project Manager 2 $178/hour $185/hour
Job Captain $164/hour $171/hour
Designer 1 $154/hour $161/hour
Designer 2 $140/hour $146/hour
Assistant Designer $125/hour $130/hour
Accounting $189/hour $197/hour
Senior Project
Administrator
$144/hour $150/hour
Project Administrator $128/hour $134/hour
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Subconsultant: Environmental Science Associates (ESA)
I. Personnel Category Rates
Charges will be made at the Category hourly rates set forth below for time spent on project management, consultation or meetings related to the project, field work, report preparation and review, travel time, etc.
Time spent on projects in litigation, in depositions and providing expert testimony will be charged at the Category rate times 1.5.
2024 Rates
LABOR
CATEGORY
BILLING
STEP I
BILLING
STEP II
BILLING
STEP III
BILLING
STEP IV
BILLING
STEP V
BILLING
STEP VI
Senior Principal
Consultant
270
302
333
366
397
429
Principal Consultant 218 248 276 305 334 363
Managing
Consultant 195 217 241 264 287 309
Senior Consultant 154 174 196 216 238 258
Associate
Consultant 138 152 165 178 193 205
Consultant 106 119 132 146 159 172
Project Technician 81 105 129 154 177 201
2025 Rates
LABOR
CATEGORY
BILLING
STEP I
BILLING
STEP II
BILLING
STEP III
BILLING
STEP IV
BILLING
STEP V
BILLING
STEP VI
Senior Principal
Consultant
284
317
350
384
417
451
Principal Consultant 229 260 290 320 351 382
Managing
Consultant 204 228 253 277 301 325
Senior Consultant 161 183 206 227 250 271
Associate
Consultant 145 160 174 187 202 216
Consultant 111 125 139 153 167 181
Project Technician 85 110 135 161 186 211
DocuSign Envelope ID: ACBEADD7-93A4-4809-9985-4D41F46BA84B Item 3
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C24187805 With Carollo
Engineers, Inc.
Item 3: Staff Report
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Subconsultant: EXARO Technologies Corporation
Labor Category 2024 Rate 2025 Rate
Operations Manager $219.30 $225.88
Project Manager $219.30 $225.88
Project Coordinator $130.30 $134.20
Lead Foreman $236.85 $243.95
Foreman $208.46 $214.71
Field Technician $197.40 $203.31
OTHER DIRECT COSTS Daily Unit Rates 2024 Rate 2025 Rate Arrow Board 160.00 165.00
Core Machine Ultimate 550.00 555.00
Electronic Detection Locator 120.00 135.00
Fuel TBD - -
GPR Rebar Scanner / Utility Locator 300.00 320.00
Loader Bobcat 410.00 425.00
Material TBD - -
Mini Excavator 436.00 450.00
Trencher 528.00 550.00
Tripod Rescue 165.00 180.00
Walk Behind Cutting Saw 100.00 120.00
Truck 220.00 240.00
Dump Truck 410.00 430.00
Vacuum Truck 1,100.00 1,200.00
Vacuum Truck with Boom Super Sucker 1,500.00 1,600.00
Permits/Bonds TBD - -
Subsistence / Travel 400.00 500.00
DocuSign Envelope ID: ACBEADD7-93A4-4809-9985-4D41F46BA84B Item 3
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C24187805 With Carollo
Engineers, Inc.
Item 3: Staff Report
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Rev. Dec.15, 2020
Subconsultant: Haley & Aldrich
1. Labor related fees will be computed based on personnel billing rates in effect at the time the services are performed. Personnel billing rates are subject to revision on, or about, 1 January and 1 July of each year. The hourly rates are fully inclusive of fringe benefits, burden, and fee. Current rates are provided in the table below.
Classification 2024 2025
Project Support $135 $139
Technician* $135 $139
Project Technician* $146 $151
Senior Technician* $156 $162
Project Controls $178 $184
Staff Professional 1 $188 $195
Staff Professional 2 $198 $205
Project Professional $221 $229
Technical Specialist $233 $241
Project Manager / Senior Technical Specialist $244 $253 Senior Project Manager / Technical Expert $306 $317
Program Manager / Senior Technical Expert $372 $385
Principal $398 $412
Senior Principal $437 $452
*See Note 3.
2. Pre‐trial conferences, depositions, and expert testimony will be billed at one and one‐half (1.5) times the rates quoted above.
3. Rates for technician and inspector work that are subject to State of California prevailing wage laws are for straight time, and reflect wage and benefits scales published by the California Department of Industrial Relations (DIR) for the greater San Francisco Bay Area as of June 1, 2021. Standard overtime and holiday overtime rates are 15% and 30% more than the straight time rates, respectively.
All services subject to prevailing wage laws will be subject to change on a prorated basis to reflect applicable revisions to the DIR’s published wage and benefit scales.
4. Field visits will be billed at 4‐hour minimum; night shifts will be billed at 8‐hour minimum.
Cancellation of scheduled night shift within 24 hours will be charged the full 8 hours.
5. Direct non‐salary expenses will be billed at our cost or as otherwise agreed upon, except for employee vehicle use which will be billed at IRS allowed mileage rates.
6. Subcontractors will be billed at our cost unless otherwise agreed upon.
7. Equipment and laboratory testing will be billed at rates listed in the attached Equipment and Laboratory Rate Schedule, as applicable.
DocuSign Envelope ID: ACBEADD7-93A4-4809-9985-4D41F46BA84B Item 3
Attachment A - Contract
C24187805 With Carollo
Engineers, Inc.
Item 3: Staff Report
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Subconsultant: Haley & Aldrich (Continued)
EQUIPMENT/LABORATORY RATE SCHEDULE
(*Equipment unit prices subject to bi‐annual increases.)
UAS DATA ACQUISITION & PROCESSING Hour Day
UAS Digital Imagery Equipment ‐‐‐ $200
UAS Digital Imagery w/Ground Control
Package (UAS + GNSS) ‐‐‐ $300
UAS Hyperspectral Equipment ‐‐‐ $300
UAS Hyperspectral w/Ground Control
Package (UAS w/HS + GNSS) ‐‐‐ $400
LiDAR SCANNING & PROCESSING Hour Day
LiDAR Scanning Equipment (Terrestrial & Aerial) ‐‐‐ $400 LiDAR Equipment w/Ground Control
Package (LiDAR + GNSS) ‐‐‐ $500
FIELD & LABORATORY TESTING Daily Weekly Monthly
Atterberg Limits – ASTM D 4318 (per test) $211
Compaction Curve, 4” mold – ASTM D 1557 (per
$273
Compaction Curve, 6” mold – ASTM D 1557 (per
$335
Concrete Compressive Strength Testing (per
$42
4‐Point Soil‐Cement Curve + Compressive
Strength Testing – ASTM D 1633 (per test) $650
Moisture Content ‐ ASTM D 2216 (per test) $25
Moisture & Density – ASTM D 4318 (per test $33
Sand Cone Field Density Kit $75 $225 $725
Sieve Analysis with #200 Wash – ASTM D 422 (per
$155
Sieve & Hydrometer – ASTM D 422 (per test) $242
Wash over #200 Sieve – ASTM D 1140 (per test) $77
Double Ring Infiltrometer $250 ‐‐‐ ‐‐‐
Field Supplies $28 $112 $448
Guelph Permeameter $150 ‐‐‐ ‐‐‐
Inclinometer Readings $250 ‐‐‐ ‐‐‐
pH Meter $15 $60 $180
Pile Load Testing (per test) $1,500 ‐‐‐ ‐‐‐
Plate Load Tester (per day) $50 ‐‐‐ ‐‐‐
Pit Box Test (per day) $400 ‐‐‐ ‐‐‐
Slug Test Kit (per day) $350 ‐‐‐ ‐‐‐
Wood Pile Load Testing (per test) $250 ‐‐‐ ‐‐‐
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Item 3: Staff Report
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EQUIPMENT/LABORATORY RATE SCHEDULE (continued)
AIR MONITORING EQUIPMENT Daily Weekly Monthly
Drager/Rae Sampling Kit (tubes not included) $10 $40 $120 Dust Monitor $100 $400 $1,200
Four‐Gas Meter $43 $172 $516
Photoionization Detector ‐ 10.6 or 11.7 eV $70 $280 $840 Soil Sampling or Tank Pull Equipment Bundle $150 $350 $1,050 Soil Vapor Sampling Bundle $400 $1,400 $2,600
Turbidity Meter $20 $80 $240
YSI Meter with Flow Cell $100 $400 $1,200
WATER LEVEL METERS AND INTERFACE
Daily Weekly Monthly
Barologger $10 $40 $120
Levelogger $25 $100 $300
Oil/Water Interface Probe $50 $200 $600
Water Level Indicator $20 $80 $240
GEOTECHNICAL INSTRUMENTATION Daily Weekly Monthly
Cone Penetrometer $15 $60 $180
Crack Monitors ‐ Electronic Datalogger ‐‐‐ $120 $360
Dynamic Cone Penetrometer $150 ‐‐‐ ‐‐‐
Electronic Readout Box $25 $100 $300
Geokon LC‐2 Single Channel Logger ‐‐‐ $80 $240
Geokon ‐ CR 800 Vibrating Wire Datalogger with
‐‐‐ $100 $300
Geokon GK 401 Vibrating Wire Readout Box $50 $100 $300
In‐Place Inclinometer Rental ‐‐‐ ‐‐‐ $1,250
Modem ‐‐‐ ‐‐‐ $250
Nuclear Density Gauge $100 $300 $900
Power System ‐ Battery $5 $20 $60
Power System ‐ Solar $15 $60 $180
Seismograph ‐ Manual $75 $225 $725
Seismograph ‐ Remote Units $100 $275 $825
Tiltmeter ‐‐‐ $150 $450
Vibration and Sound Monitoring Station $125 $325 $925
VDV Web Service ‐‐‐ ‐‐‐ $200
MISCELLANEOUS Daily Weekly Monthly
Decontamination Kit (each) $50 ‐‐‐ ‐‐‐
Field Truck (including fuel) $95 $380 $1,140
Generator $50 $200 $600
GeoTech Sample Jars 16 oz. (per box) $10 ‐‐‐ ‐‐‐
GNSS Measurement Unit $100
Harness with Restraint Lanyard $40 $160 $480
Motorola CP200d Radio (pair) ‐‐‐ $35 $140
DocuSign Envelope ID: ACBEADD7-93A4-4809-9985-4D41F46BA84B Item 3
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C24187805 With Carollo
Engineers, Inc.
Item 3: Staff Report
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Subconsultant: Haley & Aldrich (Continued)
EQUIPMENT/LABORATORY RATE SCHEDULE (continued)
MISCELLANEOUS (continued) Daily Weekly Monthly
Personal Protective Equipment ‐ Level C (per
$45 ‐‐‐ ‐‐‐
R/V Catalyst ‐ 26 Ft Sampling Vessel $600 ‐‐‐ ‐‐‐
Research Nets $60 ‐‐‐ ‐‐‐
Sampling Tubing (roll) $20 ‐‐‐ ‐‐‐
Saximeter II $35 $140 $420
Sound Level Meter $50 $200 $600
Tool Trailer $300 ‐‐‐ ‐‐‐
DocuSign Envelope ID: ACBEADD7-93A4-4809-9985-4D41F46BA84B Item 3
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C24187805 With Carollo
Engineers, Inc.
Item 3: Staff Report
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Subconsultant: JDH Corrosion Consultants, Inc.
Personnel Charges 2024 Rate 2025 Rate
Principal Corrosion Engineer $265.00 $276.00
Senior Corrosion Engineer $250.00 $260.00
Corrosion Design Specialist $215.00 $224.00
Corrosion Project Supervisor $205.00 $213.00
Sr. Project Engineer $200.00 $208.00
Project Engineer $190.00 $198.00
Corrosion Technician $175.00 $182.00
Field Technician $155.00 $161.00
Drafting/AutoCad $140.00 $146.00
Word Processing/Computer $120.00 $125.00
Litigation
Depositions & Mediations (4 hour min. charge) $400.00 $416.00 Court Appearance (4 hour min. charge) $550.00 $572.00
Expenses
Subsistence (Room and Meals) Cost
Current IRS Standard Mileage Rate
Cost
Cost
Mileage
Travel (Airfare, etc.)
Reproduction, Outside Testing & Consulting Services
DocuSign Envelope ID: ACBEADD7-93A4-4809-9985-4D41F46BA84B Item 3
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C24187805 With Carollo
Engineers, Inc.
Item 3: Staff Report
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Subconsultant: Jensen Hughes, Inc.
Labor Category 2024
Hourly Rates
2025
Hourly Rates
Technical Fellow Varies Varies
Senior Consultant $285 - $345 $290 - $350
Consultant $215 - $270 $220 - $275
Associate $150 - $200 $155 - $205
Technician / Intern $115 $120
Project Administrator $100 - $130 $105 - $135
Subconsultant: Mizutani Environmental
Hourly Rate
2024 / 2025
Engineering Staff
Courtney Mizutani $245.00 / $257.00
DocuSign Envelope ID: ACBEADD7-93A4-4809-9985-4D41F46BA84B Item 3
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Engineers, Inc.
Item 3: Staff Report
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Subconsultant: MWA Architects, Inc.
Resource Title 2024 Base Bill Rate 2025 Base Bill Rate (+3%) Principal-in-Charge 267.80 275.83
Director 231.75 238.70
Sr. Project Manager 195.70 201.57
Project Manager 175.10 180.35
Senior Project Architect 190.55 196.27
Architect 3 169.95 175.05
Architect 2 149.35 153.83
Architect 1 139.05 143.22
Design Staff 4 164.80 169.74
Design Staff 3 144.20 148.53
Design Staff 2 123.60 127.31
Design Staff 1 113.30 116.70
Senior Interior Designer 154.50 159.14
Interior Designer 139.05 143.22
Graphic Designer 118.45 122.00
Project Accountant 139.05 143.22
DocuSign Envelope ID: ACBEADD7-93A4-4809-9985-4D41F46BA84B Item 3
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C24187805 With Carollo
Engineers, Inc.
Item 3: Staff Report
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Rev. Dec.15, 2020
Subconsultant: TJC and Associates, Inc.
Engineer 2024 2025 Administrative 2024 2025 E20 $333.00 $346.00 A20 $215.00 $224.00
E19 $322.00 $335.00 A19 $205.00 $213.00
E18 $312.00 $324.00 A18 $194.00 $202.00
E17 $302.00 $314.00 A17 $184.00 $191.00
E16 $291.00 $303.00 A16 $174.00 $181.00
E15 $281.00 $292.00 A15 $163.00 $170.00
E14 $270.00 $281.00 A14 $153.00 $159.00
E13 $259.00 $269.00 A13 $142.00 $148.00
E12 $245.00 $255.00 A12 $132.00 $137.00
E11 $233.00 $242.00 A11 $121.00 $126.00
E10 $220.00 $229.00 A10 $110.00 $114.00
E9 $208.00 $216.00 A9 $100.00 $104.00
E8 $194.00 $202.00 A8 $89.00 $93.00
E7 $182.00 $189.00 A7 $79.00 $82.00
E6 $170.00 $177.00 A6 $69.00 $72.00
E5 $156.00 $162.00 A5 $58.00 $60.00
E4 $144.00 $150.00 A4 $48.00 $50.00
E3 $131.00 $136.00 A3 $37.00 $38.00
E2 $118.00 $123.00 A2 $27.00 $28.00
E1 $105.00 $109.00 A1 $17.00 $18.00
CAD 2024 2025 Reimbursable Expenses C10 $203.00 $211.00 Auto Mileage Standard set by IRS
C9 $189.00 $197.00
C8 $177.00 $184.00
C7 $164.00 $171.00
C6 $152.00 $158.00
C5 $139.00 $145.00
C4 $126.00 $131.00
C3 $113.00 $118.00
C2 $101.00 $105.00
C1 $88.00 $92.00
DocuSign Envelope ID: ACBEADD7-93A4-4809-9985-4D41F46BA84B Item 3
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C24187805 With Carollo
Engineers, Inc.
Item 3: Staff Report
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Rev. Dec.15, 2020
Subconsultant: Towill, Inc.
LAND SURVEY SERVICES FEE SCHEDULE
Labor Description 2024 Hourly Rate
Per Court Appearance
(Minimum)..................................................................................................$2,884.00
Prevailing Wage Rates by Field Survey Personnel Classifications Party Chief ......................................................................................................................................$ 170.00 Chain Person ..................................................................................................................................$ 155.00 Apprentice ......................................................................................................................................$
Notes:
137.00
• Field survey personnel and crews are billed at a minimum of 8 hours per day only. • Field survey rates are inclusive of one survey vehicle, vehicle mileage up to 50 miles from the home office, conventional and GPS survey equipment, and standard safety equipment.
SPECIAL LABOR RATES
Labor Description Hourly
Rate
Hazmat Crew Supplement ...................................... Field Personnel Rate plus $10.00 per Person per Hour
Night Shift Work ....................................................... Field Personnel Rate plus 12.5% per Person per Hour
AUTHORIZED OVERTIME LABOR RATES
Labor Description Hourly
Rate
Saturdays and in Excess of 8 Hours on Weekdays .................................................... 1.5 times Regular Rate Sundays and Holidays ............................................................................................... 2.0 times Regular Rate Principal Land Surveyor / Geomatics Principal Manager.................................................................$ 263.00 Senior Land Surveyor / Senior Project Manager..............................................................................$ 242.00 Survey Project Manager..................................................................................................................$ 211.00 Project Surveyor .............................................................................................................................$ 182.00 Associate Surveyor .........................................................................................................................$ 168.00 Survey Technician (Office) ...............................................................................................................$ 139.00 CADD Technician .............................................................................................................................$ 113.00 Project Coordinator ........................................................................................................................$ 106.00 Project Assistant .............................................................................................................................$ 82.00 Expert Witness ................................................................................................................................$ 412.00
DocuSign Envelope ID: ACBEADD7-93A4-4809-9985-4D41F46BA84B Item 3
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C24187805 With Carollo
Engineers, Inc.
Item 3: Staff Report
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PHOTOGRAMMETRY / AIRBORNE LIDAR / GIS SERVICES FEE SCHEDULE LABOR DESCRIPTION 2024 HOURLY
RATE
EQUIPMENT AND OTHER DIRECT COSTS
LABOR DESCRIPTION 2024 RATE
Airborne LiDAR Sensor…………………………………………………………………………….…………..Quote Provided per Project
Digital Aerial Photography Camera…………………………………………………………………………….…Quote Provided per Project
Small Unmanned Aircraft Systems …………………………………………………..…………………………Quote Provided per Project
Specialty Remote Sensing Equipment…………………………………………………………………………...Quote Provided per Project
Geomatics Principal Manager ................................................................................................... $ 263.00 Geomatics Project Manager ..................................................................................................... $ 211.00 Geomatics Specialist ……………………………………………………………………………………………………………. $ 180.00 Senior Geomatics Analyst ......................................................................................................... $ 160.00 Geomatics Analyst ..................................................................................................................... $ 129.00 Geomatics Technician ............................................................................................................... $ 113.00 Project Safety ………………………………………………………………………………………………………………………. $ 129.00 Project Coordinator ................................................................................................................... $ 98.00 Project Assistant ........................................................................................................................ $ 77.00
DocuSign Envelope ID: ACBEADD7-93A4-4809-9985-4D41F46BA84B Item 3
Attachment A - Contract
C24187805 With Carollo
Engineers, Inc.
Item 3: Staff Report
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Subconsultant: Wilson Ihrig
2024 2025*
Senior Principal/Engineer $ 320 $ 330
Principal $ 293 $ 302
Associate Principal $ 248 $ 255
Senior Consultant $ 206 $ 212
Associate $ 175 $ 180
Assistant $ 150 $ 155
Technician $ 120 $ 124
CAD Operator $ 105 $ 108
Project Assistant $ 94 $ 97
Dollar amounts listed are on a per hour basis.
*based on an annual escalation of 3%:
Measurement Equipment and Use of Wilson Ihrig Developed Software The professional fees for Wilson Ihrig staff include the use of Wilson Ihrig-owned instrumentation and software. Where special instrumentation must be rented for a project, then the rental charge is considered a direct expense.
DocuSign Envelope ID: ACBEADD7-93A4-4809-9985-4D41F46BA84B Item 3
Attachment A - Contract
C24187805 With Carollo
Engineers, Inc.
Item 3: Staff Report
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EXHIBIT D
INSURANCE REQUIREMENTS
CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
STATUTORY STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $2,000,000
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YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST
AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM
OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. FOR GENERAL LIABILITY AND AUTOMOBILE LIABILITY, A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.
II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE TO THE FOLLOWING: [email protected]
III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS:
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE P ERSON, FIRM, OR CORPORATION AS INSUREDS UNDER
THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE
INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE DocuSign Envelope ID: ACBEADD7-93A4-4809-9985-4D41F46BA84B Item 3
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Engineers, Inc.
Item 3: Staff Report
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CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO AT THE FOLLOWING EMAIL ADDRESS:
DocuSign Envelope ID: ACBEADD7-93A4-4809-9985-4D41F46BA84B Item 3
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C24187805 With Carollo
Engineers, Inc.
Item 3: Staff Report
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EXHIBIT E
DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS
This Exhibit shall apply only to a contract for public works construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONSULTANT without proof that CONSULTANT and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONSULTANT and its listed subcontractors , if a ny, to comply with all applicable requirements of the California Labor Code including but not limited to Labor Code Sections 1720 through 1861, and all applicable related regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. This Exhibit E applies in addition to the provisions of Section 26 ( Prevailing Wages and DIR Registration for Public Works Contracts) of the Agreement.
CITY provides notice to CONSULTANT of the requirements of California Labor Code Section 1771.1(a), which reads:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”
This Project is subject to compliance monitoring and enforcement by DIR . All contractors must be registered with DIR per Labor Code Section 1725.5 in order to submit a bid. All subcontractors must also be registered with DIR . No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with DIR . Additional information regarding public works and prevailing wage requirements is available on the DIR web site (see e.g. http://www.dir.ca.gov) as amended from time to time.
CITY gives notice to CONSULTANT and its listed subcontractors that CONSULTANT is required to post all job site notices prescribed by law or regulation.
CONSULTANT shall furnish certified payroll records directly to the Labor Commissioner (DIR) in accordance with Subchapter 3, Title 8 of the California Code of Regulations Section 16461 (8 CCR Section 16461).
CITY requires CONSULTANT and its listed subcont ractors to comply with the requirements of Labor Code Section 1776, including but not limited to:
Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONSULTANT and its listed subcontractors, in connection with the Project.
DocuSign Envelope ID: ACBEADD7-93A4-4809-9985-4D41F46BA84B Item 3
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Engineers, Inc.
Item 3: Staff Report
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The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONSULTANT and its listed subcontractors, respectively.
At the request of CITY, acting by its Project Manager, CONSULTANT and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the CITY P roject Manager within ten (10) days of receipt of CITY’s request.
CITY requests CONSULTANT and its listed subcontractors to submit the certified payroll records to CITY’s Project Manager at the end of each week during the Project.
If the certified payroll records are not provided as required within the 10-day period, then CONSULTANT and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONSULTANT.
Inform CITY’s Project Manager of the location of CONSULTANT’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to CITY’s Project Manager within five (5) business days of any change of location of those payroll records.
Eight (8) hours labor constitutes a legal day’s work. CONSULTANT shall forfeit as a penalty to CITY , $25.00 for each worker employed in the execution of the Agreement by CONSULTANT or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular, Sections 1810 through 1815 thereo f, except that work performed by employees of CONSULTANT or any subcontractor in excess of eight (8) hours per day, or forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, or forty (40) hours per week, at not less than one and one-half (1&1/2) times the basic rate of pay, as provided in Section 1815.
CONSULTANT shall secure the payment of workers’ compensation to its employees as provided in Labor Code Sections 1860 and 3700 (L abor Code 1861). CONSULTANT shall sign and file with the CITY a statutorily prescribed statement acknowledging its obligation to secure the payment of workers ’ compensation to its employees before beginning work (Labor Code 1861). CONSULTANT shall post job site notices per regulation (Labor Code 1771.4(a)(2)).
CONSULTANT shall comply with the statutory requirements regarding employment of apprentices including without limitation Labor Code Section 1777.5. The statutory provisions will be enforced for penalties for failure to pay prevailing wages and for failure to comply with wage and hour laws.
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EXHIBIT F
CLAIMS FOR PUBLIC CONTRACT CODE SECTION 9204 PUBLIC WORKS PROJECTS
The provisions of this Exhibit are provided in compliance with Public Contract Code Section 9204; they provide the exclusive procedures for any claims pursuant to Public Contract Code Section 9204 related to the Services performed under this Agreement.
1. Claim Definition. “Claim” means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limita tion, for relief from damages or penalties for delay assessed by the City.
(B) Payment by the City of money or damages arising from the Services performed by, or on behalf of, the Contractor pursuant to the Agreement and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled.
(C) Payment of an amount that is disputed by the City.
2. Claim Process.
(A) Timing . Any Claim must be submitted to City in compliance with the requirements of this Exhibit no later than fourteen (14) days following the event or occurrence giving rise to the Claim. This time requirement is mandatory; failure to submit a Claim within fourteen (14) days will result in its being deemed waived.
(B) Submission. The Claim must be submitt ed to City in writing, clearly identified as a “Claim” submitted pursuant to this Exhibit, and must include reasonable documentation substantiating the Claim.
The Claim must clearly identify and describe the dispute, including relevant references to appli cable portions of the Agreement, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each claimed cost. Any Claim for an extension of time or delay costs must be substantiated with schedule analysis and narrative depicting and explaining claimed time impacts.
(C) Review . Upon receipt of a Claim in compliance with this Exhibit, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days from receipt, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, the City and Contractor may, by mutual agreement, extend the time period provided in this paragraph 2.
(D) If City Council Approval Required. If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
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(E) Payment. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph 3, below, shall apply.
3. Disputed Claims
(A) Meet and Confer. If the Contractor disputes the City's written response, or if the City fails to respond to a Claim submitted pursuant to this Exhi bit within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement.
(B) Mediation. Any remaining disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing by the Contractor. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If me diation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to any other remedies authorized by the Agreement and laws.
(i) For purposes of this paragraph 3.B, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.
Any mediation utilized shall conform to the timeframes in this section.
(ii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation, if any, under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
4. City’s Failure to Respond. Failure by the City to respond to a Claim from the Contractor within the time periods described in this Exhibit or to otherwise meet the time requirements of this Exhibit shall result in the Claim being deemed r ejected in its entirety. A Claim that is denied by reason of the City's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Exhibit, shall not constitute an adverse finding with regard to the merits of the C laim or the responsibility or qualifications of the Contractor.
5. Interest. Amounts not paid in a timely manner as required by this section shall bear interest at seven (7) percent per annum.
6. Approved Subcontractor Claims . If an approved subcontrac tor or a lower tier subcontractor lacks legal standing to assert a Claim against the City because privity of contract does not exist, the Contractor may present to the City a Claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor m ay request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a Claim for work which was performed by the subcontractor or DocuSign Envelope ID: ACBEADD7-93A4-4809-9985-4D41F46BA84B Item 3
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by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the Claim be presented to the City shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the City and, if the Contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
7. Waiver of Provisions. A waiver of the rights granted by Public Contract Code Secti on 9204 is void and contrary to public policy, provided, however, that (1) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applica ble; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of Public Contract Code Section 9204, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: February 12, 2024
Report #:2309-2048
TITLE
Approval of Two General Services Contracts in the Wastewater Treatment Enterprise Fund: a Contract with Lystek International Limited in an Amount Not to Exceed $5,322,769 and a Contract with Synagro-WWT, Inc. in an Amount Not to Exceed $7,617,013, Both for Offsite Sludge Treatment Services for a Five-Year Term; CEQA status - exempt
RECOMMENDATION
Staff recommends that the City Council:
1. Approve and authorize the City Manager or their designee to execute a contract with Lystek International Limited (Lystek), in the amount of $5,322,769 for sludge treatment services for the Regional Water Quality Control Plant (RWQCP) for a term of five years, beginning April 1, 2024, and ending on March 31, 2029. The contract amount for the first year of the agreement will be $944,240; and
2. Approve and authorize the City Manager or their designee to execute a contract with Synagro-WWT, Inc. (Synagro), in the amount of $7,617,013 for sludge treatment services for the RWQCP for a term of five years, beginning April 1, 2024, and ending on March 31, 2029. The contract amount for the first year of the agreement will be $1,107,040.
EXECUTIVE SUMMARY
Staff issued a Request For Proposals for sludge treatment services and recommends contracts be awarded to Lystek (Attachment A) and Synagro (Attachment B). Wastewater treatment is managed by the RWQCP within the Public Works Department. Since 2018, the City has utilized contracted services for sludge treatment. Selection and award of general services agreements has been through formal solicitation of proposals, review of costs, and assessment of quality of services.
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BACKGROUND
City Council approved retiring the City’s two 46-year-old sewage sludge incinerators1 as a key to reducing carbon dioxide emissions by over 12,000 metric tons annually. The incinerators operated from 1972 until their replacement in March 2019 with a new sludge dewatering and truck loadout facility. Sludge hauling and treatment contracts were implemented to address sludge treatment after incinerator retirement. Since March 2019, the sludge has been hauled to two different regional treatment facilities. To prepare for hauling and treatment, the City solicited requests for proposals for sludge hauling and treatment services in 2017. Five-year contracts for sludge treatment services with Lystek and Synagro were approved on June 18, 2018, and these contracts have terms through March 31, 2024. To transport sludge to the treatment facilities, City Council approved a three-year contract2 with Denali Water Solutions, LLC (Denali) on June 18, 2018 in an amount not to exceed $2,181,000 for sludge hauling services through March 31, 2022. Denali began daily sludge hauling from the dewatering facility on March 19, 2019. A new contract3 for sludge hauling, again with Denali, was approved on January 24, 2022 for three more years of hauling services beginning April 1, 2022 and ending March 31, 2025.
Lystek
Lystek is a corporation and has a sludge treatment facility approximately 82 miles from the RWQCP, located at the Fairfield-Suisun Sewer District (FSSD) site under a 20-year lease that ends January 1, 2036. FSSD is a special purpose district. Through July 2023, Lystek has treated 33,532 wet tons of sludge from Palo Alto. Lystek has also treated sludge from the City of San Francisco, East Bay Municipal Utility District, Marin County, City of Benicia, City of Petaluma, City of Santa Rosa, City of South San Francisco, City of Healdsburg, and other Bay Area agencies.
Lystek is currently processing about 200 wet tons per day of trucked-in sludge from multiple agencies; Lystek’s total processing capacity of 150,000 annual wet tons is more than sufficient for Palo Alto’s sludge. Lystek uses a low-temperature hydrolysis process involving high-speed shearing, alkali, and low pressure, low-temperature steam injection. Lystek’s goal is to divert more than 95 percent of the received Palo Alto sludge to make a product (branded as LysteMize) that would be added to the FSSD anaerobic digesters. LysteMize will help FSSD reduce volatile solids, improve biogas and electricity yields, decrease residual biosolids volumes, and reduce FSSD’s demand from PG&E for both natural gas and electricity by meeting onsite electric energy demands when combusting the extra biogas in FSSD’s engine generators.
The final product of all sludge sent to Lystek and from the FSSD anaerobic digesters is a USEPA 1 City Council, December 11, 2017; SR # 8487
https://paloalto.admin.opencities.com/InformationManagement/FileAdmin.aspx#&&FH=File_23152553-c158- 4dfe-9795-71bc0ee63c4e
2 City Council, June 18, 2018; SR # 8913
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2018/id-8913-approve-three-public-works-contracts-for-sludge-hauling-and-offsite-treatment- services.pdf
3 City Council, January 24, 2022; SR # 13520, pg. 17
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council- agendas-minutes/2022/20220124/20220124pccsm-amended-linked-cq-added.pdf Item 4
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Class A product (i.e., Lystek’s LysteGro product, which is a registered fertilizer with California Department of Food and Agriculture). LysteGro is land applied year-round within 100 miles of the Lystek facility.
Synagro
Synagro is a corporation and operates several sludge composting facilities in the US including the El Nido Central Valley Composting (CVC) facility located in Dos Palos, approximately 114 miles from RWQCP. CVC uses an open windrow processing method that combines RWQCP sludge with a bulking agent (primarily green waste and wood waste). High temperature aerobic composting converts RWQCP sludge into a USEPA Class A product that is sold in bulk to the region’s agricultural market; the product is typically land applied within 30 miles of the Synagro CVC facility. The CVC facility is permitted by CalRecycle to handle up to 100,000 tons per year of feedstock. Through July 2023, Synagro has treated 47,267 wet tons of Palo Alto sludge. CVC has also serviced the City of Fresno, City of Sunnyvale, Silicon Valley Clean Water in Redwood City, City of San Francisco, Union Sanitary District in Union City, South County Regional Wastewater Authority serving Gilroy and Morgan Hill, and the Delta Diablo Sanitation District in Antioch.
ANALYSIS
On June 21, 2023, a Request for Proposals (RFP 187745) was posted on OpenGov, the City’s eProcurement platform, and an email notification sent to the Bidder’s List, which included four offsite treatment facilities, seeking proposals from qualified sludge treatment facilities. The RFP allowed service providers to submit a proposal for all or part of the sludge produced by the RWQCP as noted in Table 1, which is based on the lowest and highest quarters of sludge production since January 2020.
Table 1: Sludge Production Estimates
Dates
Estimated Minimum Sludge
Production
Estimated Maximum
Sludge Production
Estimated Annual
Production Increase
4/1/24 – 3/31/25 16,500 20,600 --
4/1/25 – 3/31/26 16,500 21,424 4%
4/1/26 – 3/31/27 16,500 22,281 4%
4/1/27 – 3/31/28 16,500 25,089 4% + 1917 tons1
4/1/28 – 3/31/29 16,500 28,754 4% + 2661 tons1
1Note: Additional sludge production is expected with upgraded Secondary Treatment system, which will produce an estimated 34% additional waste activated sludge (WAS) or about 10% additional total sludge production beginning on an estimated date of 6/9/2027; consequently, the ratios of primary and WAS sludge listed in the scope of work’s Attachment B, Exhibit A may change slightly in years 4 and 5 of the contract.
Proposals were due on August 15, 2023 and two proposals were received. The table below provides a summary of the RFP process:
Proposal RFP# 187745
Proposal Name: Sludge Treatment Services for the
Regional Water Quality Control Plant
Proposed Length of Project 60 Months
Number of Vendors Notified 2708
Number of Proposal Packages Downloaded 33
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The evaluation committee, composed of representatives from the Public Works Department, carefully reviewed and assessed the two proposals using standard evaluation criteria. The committee carefully reviewed each firm's qualifications and submittal in response to the criteria identified in the RFP. The providers not proposing do not have the capacity or ability to take Palo Alto’s sludge during the five-year contract term.
Staff recommends award of contracts to both Synagro and Lystek for diversification of options consistent with current practice. Both proposers have provided good service since the start of regular services in the prior contract since March 2019. The contracted minimum annual delivery in the contracted scope of work is 5,800 and 10,000 tons per year to Lystek and Synagro, respectively. Staff contacted Lystek and explored lowering the Lystek minimum tonnage below 5,800 tons per year, which is a reduction from the current contract’s minimum to Lystek of 6,500 tons per year. Further reduction in the Lystek minimum annual delivery requirement is not an option. Surplus sludge production above the Lystek minimum will be directed to the lower cost Synagro facility.
FISCAL/RESOURCE IMPACT
The five-year cost for the sludge treatment services contract in comparison to the prior five-year contract has increased by $5.9 million.
COMPARISON OF CONTRACT COSTS (PROPOSED AND EXISTING)
2024-2029 Cost Proposal Total, Lystek & Synagro $12,939,782 2019-2024 Cost Proposal Total, Lystek & Synagro $7,064,000 Five Year Total Cost Increase $5,875,782
($1.2M annually)
The unit price for both facilities will be increasing on April 1, 2024 as follows:
•Lystek increases from $98.55/wet ton to $148.00/wet ton; and •Synagro increases from $40.85/wet ton to $68.00/wet ton.
Vendors have indicated that the increase in unit price between the two five-year general service contracts is because of (a) greater regional demands on offsite sludge treatment capacity, (b) greater demands on capacity because of regulatory changes due to SB 1383 (2016) restricting disposal of biosolids in landfills as alternative daily cover, (c) higher transportation Public Link to Solicitation https://procurement.opengov.com/portal/palo-alto- ca/projects/51100
Total Days to Respond to Proposal 53 days
Mandatory Pre-proposal Meeting Tuesday, July 25, 2023 at 10:00 a.m. PST Number of Providers at Pre-proposal Meeting 6 providers Number of Proposals Received 2 proposals received
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expenses for the offsite facilities to haul the biosolids fertilizer and biosolids compost to its end use, (d) higher fuel costs, and (e) higher chemical costs, as much as a 100% increase, for Lystek’s process.
There has also been higher labor inflation (about 4% to 5% per year) for labor at the treatment facility and for the drivers hauling away the Class A biosolids. The actual inflation realized over the course of the current contracts from 11/28/18 to 3/31/24 was not captured in the original contracts, and they were set contractually at 2% per year (Synagro)4 and 3% per year (Lystek)5.
Actual San Francisco CPI-U inflation over a similar period has averaged 3.92% (August 2018 to August 2023). Said another way, Synagro assumed 10% inflation but about 20% was realized in the first 5-year contract; likewise, Lystek assumed 16% inflation but about 20% was realized.
Both proposers reflect a greater uncertainty in the next five-year contract for the 12-month price adjustments (i.e., 4.0% to 6.0%).
Staff believes that the proposals submitted by Lystek and Synagro fit the overall cost, experience, and operational flexibility needed at the RWQCP. Each treatment facility is successfully handling large quantities of sludge. The unit price summary of both facilities is included in Table 2 below.
Table 2: Lystek and Synagro Treatment Facility Unit Prices US $/wet ton Facility
Current
Contract
11/28/23 -
3/31/24
Year 1
4/1/24-
3/31/25
Year 2
4/1/25-
3/31/26
Year 3
4/1/26-
3/31/27
Year 4
4/1/27-
3/31/28
Year 5
4/1/28-
3/31/29 Comment
Lystek $98.55 $148.00 $156.88 $166.29 $176.27 $186.85
4500 tons May to
October;
1300 tons
November to April
Synagro $40.85 $68.00 $72.08 $76.40 $80.99 $85.85 10,000 tons per year minimum
Notes:
1. Lystek 12-month price increase is 6.0%, 5.0%, 4.0%, and 4.0% per year for contract years 2, 3, 4, and 5, respectively.
2. Synagro 12-month price increase is 4.8% per year for contract years 2, 3, 4, and 5.
3. For purposes of calculating not-to-exceed amounts and allow for diversification in force majeure situations, a 10% adder is included; the Lystek annual amount is set at 6,380 wet tons per year and Synagro annual amount is set at 14,800 tons in contract year one rising to 22,954 tons in contract year five
Contingency for Force Majeure Situations and Regulatory Changes 4 City Council, June 18, 2018; SR 8913 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/reports/city-manager-reports-cmrs/year-archive/2018/id-8913-approve-three-public-works-contracts-for- sludge-hauling-and-offsite-treatment-services.pdf
5 City Council, June 18, 2018; SR 8913 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/reports/city-manager-reports-cmrs/year-archive/2018/id-8913-approve-three-public-works-contracts-for- sludge-hauling-and-offsite-treatment-services.pdf
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Unit prices govern each agreement up to the authorized not to exceed amounts and pursuant to tonnage minimums as well as actual production of RWQCP sludge. A force majeure may limit sludge disposal options (e.g., damaged roadways, earthquake damage, process breakdowns, new regulatory constraints, etc.). In these two contracts, Palo Alto has the benefit of diversified disposal options at Lystek and Synagro. The RWQCP’s 24/7 production of sludge requires a disposal option be active and available within one to two days, depending on RWQCP’s available onsite sludge storage.
Lystek has onsite sludge drying beds that serve as a secondary backup should the main processing facility be unavailable. Synagro and Lystek can each receive all the RWQCP-produced sludge, if needed. Both Lystek and Synagro produce sludge meeting USEPA Class A standards suitable for year-round land application. Considering potential new regulatory drivers, tonnage commitments, operational flexibility, and cost, staff recommends Synagro and Lystek as the two treatment facilities for Palo Alto’s sludge.
Long Range Facilities Plan Update to Look at Future Options for RWQCP Biosolids Treatment Lystek and Synagro continue to provide an efficient and cost-effective solution for biosolids treatment, however, there may be other options that could be implemented after the term of this contract that better serve the City. A long-term biosolids treatment solution was established with the October 2014 Biosolids Facilities Plan. That plan was re-evaluated in a Biosolids Facilities Plan Update6 in October 2019, which was completed six months after startup of the new sludge dewatering and truck loadout facility. The 2019 Biosolids Facilities Plan update continued to show that offsite treatment was the best option in the interim.
The Long Range Facilities Plan7 (LRFP) was approved in 20128. The RWQCP is in the process of updating the LRFP. Consultant selection for the LRFP Update is expected to be approved by City Council in approximately May 2024. The LRFP Update will include a task to update the 2019 Biosolids Facilities Plan Update; the LRFP Update and the biosolids treatment facility analysis will be completed by approximately December 2026. The results of that evaluation will inform the future efficiency, environmental benefit, and cost effectiveness of sludge hauling and offsite sludge treatment services. As requested by City Council at the August 21, 2023 meeting on property acquisition9 adjacent to the RWQCP, the evaluation will include an analysis of the need for the Measure “E” site adjacent to the RWQCP. Finally, the San Jose Water Pollution Control Plant is evaluating proposals through about the end of 2025 for a privately constructed 6 Palo Alto Regional Water Quality Control Plant Biosolids Facility Plan Update; https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/water-quality-control-plant/sludge- dewatering-building/finaldraft_palo_alto_bfp_update.pdf?t=47012.05 7 The Long Range Facilities Plan for the Regional Water Quality Control Plant Final Report https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/water-quality-control-plant/lrfp-final-report- 08-2012.pdf
8 City Council, July 2, 2012; SR 2914 https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes- reports/reports/city-manager-reports-cmrs/year-archive/2012/id-2914.pdf 9 City Council, August 21, 2023; SR 2304-1389, Item 7,
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and operated biosolids facility at the San Jose wastewater plant site (i.e., about eight acres of land set aside for this operation)10. This potential facility would be operational in 2029 at the earliest; the request for proposals indicated that the contracted operator may be open to imported feedstock from other agencies such as Palo Alto. Imported feedstock would likely only be received after successfully proven operation treating San Jose biosolids and if the private operator had surplus capacity for imported feedstock. The anticipated San Jose treatment facility option will also be evaluated in the LRFP Update.
Budget Summary
As the contracts commence April 1, 2024, the three-month cost of the contracts in Fiscal Year 2024 with the two vendors is estimated to be $485,599 for sludge treatment services. These contracts would continue to be budgeted in the Wastewater Treatment Enterprise Fund operating budget. The additional contract service expense of about $177,332 in FY2024 will be absorbed by the Wastewater Treatment Enterprise Fund or staff will return for a Budget Amendment, as needed.
For future Fiscal Years 2025 through 2029 of the respective contracts, funding is subject to City Council approval and the annual appropriation of funds through the budget process. Estimated contracted amounts are shown below in Table 3 and Table 4 by fiscal year and contract year, and contracted amounts include 10 percent additional sludge compared to the estimates in Table 1 delivered to either Lystek or Synagro to provide flexibility in meeting minimum delivery guarantees and force majeure situations.
Table 3: Sludge Hauling and Treatment Cost Summary by Fiscal Year FY Lystek Synagro
Sludge Treatment
Cost Total
Denali
(sludge hauling)
Sludge Hauling and
Treatment Cost Total
2024
(last 3 months) $279,474 $254,685 $534,159 $176,583 $710,742 2025 $961,008 $1,138,564 $2,099,573 $727,470 $2,827,043 2026 $1,018,669 $1,273,875 $2,292,544 $780,218 $3,072,762 2027 $1,079,789 $1,465,087 $2,544,876 $854,721 $3,399,598 2028 $1,144,576 $1,830,157 $2,974,733 $1,000,986 $3,975,719 2029
(first 9 months) $839,252 $1,654,645 $2,493,897 $852,443 $3,346,340 Total $5,322,769 $7,617,013 $ 12,939,782 $ 4,392,422 $17,332,204 10 San Jose City Council, October 24, 2023; San Jose City Council Agenda File 23-1418, Item 2.9, https://sanjose.legistar.com/View.ashx?M=F&ID=12367407&GUID=C7666A67-143D-42FE-9A5D-43DBF97ED1D6 Item 4
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3 0
5 2
3 0
5 2
Table 4: Sludge Treatment Cost Summary by Contract Year Contract Year Lystek Synagro Lystek + 10% Synagro + 10% 1 $858,400 $1,006,400 $944,240 $1,107,040
2 $909,904 $1,126,178 $1,000,894 $1,238,796
3 $964,498 $1,259,224 $1,060,948 $1,385,147
4 $1,022,368 $1,562,195 $1,124,605 $1,718,414
5 $1,083,710 $1,970,560 $1,192,081 $2,167,616
Total $4,838,881 $6,924,557 $5,322,769 $7,617,013
STAKEHOLDER ENGAGEMENT
RFP 187745 was issued in on June 21, 2023 for further continuance of sludge treatment services. The evaluation committee for this RFP included staff from the Public Works Department under the guidance of the City’s Purchasing and Contracts Administration Division.
ENVIRONMENTAL REVIEW
City Council action on this item is exempt from review under the California Environmental Quality Act (CEQA) in the proposed contracts for sludge dewatering and hauling since these are existing operations at the RWQCP. CEQA Guidelines section 15301.
ATTACHMENTS
Attachment A: Contract C24187745A with Lystek International Limited Attachment B: Contract C24187745B with Synagro-WWT, Inc.
Attachment C: Key Terms
APPROVED BY:
Brad Eggleston, Public Works Director
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CITY OF PALO ALTO CONTRACT NO. C24187745A
GENERAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into on the 12th day of February , 2024, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and LYSTEK INTERNATIONAL LIMITED , a California corporation , located at 1014 Chadbourne Road, Fairfield, CA 94534 , Telephone Number: 707-419-0084 (“CONTRACTOR”). In consideration of their mutual covenants, the parties hereto agree as follows:
1. SERVICES. CONTRACTOR shall provide or furnish the services ( the “Services”) described in the Scope of Services, attached at Exhibit A.
2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement:
“A” - Scope of Services
“A-1” – Palo Alto Sludge Characteristics
“B” - Schedule of Performance
“C” – Schedule of Fees
“D” - Insurance Requirements
CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED.
3. TERM.
The term of this Agreement is from April 1, 2024 to March 31, 2029 inclusive, subject to the provisions of Sections R and W of the General Terms and Conditions.
4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRACTOR, and if applicable, in accordance wi th the schedule set forth in the Schedule of Performance, attached at Exhibit B. Time is of the essence in this Agreement.
5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any:
The total maximum lump sum compensation of dollars ($ ); OR
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The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR
A sum calculated in accordance with the f ee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of five million three hundred twenty -two thousand seven hundred sixty -nine dollars ($5,322,769.00).
CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY.
CITY has set aside the sum of dollars ($ ) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee.
CONTRACTOR, at the CITY’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement.
6. COMPENSATION DURING ADDITIONAL TERMS.
CONTRACTOR’S compensation rates for each additional term shall be the same as the original term; OR
CONTRACTOR’s compensation rates shall be adjusted effective on the commencement of each Additional Term. The lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in section 5 above, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco -Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPI published most immediately preceding the commencement date of the the n expiring term. Notwithstanding the DocuSign Envelope ID: A96C8D7E-3923-4DE7-8E38-7DD35DB5D0CE Item 4
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foregoing, in no event shall CONTRACTOR’s compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding term. Any adjustment to CONTRACTOR’s compensation ra tes shall be reflected in a written amendment to this Agreement.
7. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 7, a “ 9204 P ublic Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind . Public Contract Code Section 9204 mandates certain claims procedures for Public Works Projects.
This project is not a 9204 Public Works Project.
8. INVOICING. Send all invoices to CITY, Attention: Project Manager. The Project Manager is: James Allen, Dept.: Public Works, Telephone: 650-329-2243, Email:
[email protected]. Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more frequently than monthly. Invoices shall provide a detailed statement of Services performed during the invoice period and are subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt.
GENERAL TERMS AND CONDITIONS
A. ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and conditions set forth in sections 1 through 8 above, these general terms and conditions and the attached exhibits.
B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of this Agreement, entitled “SERVICES,” and that every individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on CONTRACTOR’s representations regarding its skills, knowledge, and certifications.
CONTRACTOR shall perform all work in accordance with generally accepted business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations.
C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered an independent CONTRACTOR and DocuSign Envelope ID: A96C8D7E-3923-4DE7-8E38-7DD35DB5D0CE Item 4
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not an agent or emplo yee of CITY. CONTRACTOR shall be responsible for employing or engaging all persons necessary to complete the work required under this Agreement.
D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors.
E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR’s business.
F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders.
G. PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONTRACTOR shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code sec tion 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONTRACTOR shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060.
H. DAMAGE T O PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or private property that occurs in connection with CONTRACTOR’s performance of the Services. CITY m ay decline to approve and may withhold payment in whole or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR’s performance of the Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR’s request. When the grounds described above are removed, payment shall be made for amounts withheld because of them.
I. WARRANTIES. CONTRACTOR expressly warrants that all services provided under this Agreement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirements of this Agreement. CONTRACTOR DocuSign Envelope ID: A96C8D7E-3923-4DE7-8E38-7DD35DB5D0CE Item 4
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expressly warrants that all materials, goods and equipment provided by CONTRACTOR under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace or correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a period of one year from completion of the Services and shall survive the completion of the Services or termination of this Agreement.
J. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to determine whether CONTRACTOR’s work is completed in a satisfactory manner and complies with the provisions of this Agreement.
K. CITY’S PROPERTY. Any reports, information, data or other material (including copyright interests) developed, colle cted, assembled, prepared, or caused to be prepared under this Agreement will become the property of CITY without restriction or limitation upon their use and will not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager.
L. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for three (3) years from the date of fin al payment, CONTRACTOR’s records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) following the terms of this Agreement.
M. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement.
N. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term of this Agreement, the insurance coverage described at Exhibit D. Insurance must be provided by companies with a Best’s Key Rating of A- :VII or higher and which are otherwise acceptable to CITY’s Risk Manager. The Risk Manager must approve deductibles and self- insured retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. CONT RACTOR shall obtain a policy endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the Risk Manager. CONTRACTOR shall DocuSign Envelope ID: A96C8D7E-3923-4DE7-8E38-7DD35DB5D0CE Item 4
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provide certificates of such policies or other evidence of coverage satisfactory to the Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insu rance coverages and endorsements to the Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirement s of this section. The procuring of such required policies of insurance shall not operate to limit CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement.
O. HOLD HARMLESS. To the fullest extent permitted by law and without limitation by the provisions of section N relating to insurance, CONTRACTOR shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from and against any and all demands, claims, injuries, losses, or liabilities of any nature, including death or injury to any person, property damage or any other loss and including without limitation all damages, penalties, fines and judgments, associated investigation and administrative expenses and defense costs, including, but not limited to reasonable attorney’s fees, courts costs and costs of alternative dispute resolution), arising out of, or resulting in any way from or in connection with the performance of this Agreement. CO NTRACTOR’s obligations under this Section apply regardless of whether or not a liability is caused or contributed to by any negligent (passive or active) act or omission of CITY, except that CONTRACTOR shall not be obligated to indemnify for liability arising from the sole negligence or willful misconduct of CITY. The acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification.
The provisions of this Section survive the completion of the Services or termination of this Agreement.
P. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person.
CONTRACTOR acknowledges that it has read and understands the provisions of Section 2.30.510 of t he Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
Q. WORKERS' COMPENSATION . CON TRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of Califor- nia which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of DocuSign Envelope ID: A96C8D7E-3923-4DE7-8E38-7DD35DB5D0CE Item 4
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that Code, and certifies that it will comply with such provisions, as applicable, before commencing and during the performance of the Services.
R. TERMINATION.
1. Termination for Default.
a. Either party may terminate this Agreement in the event of a substantial failure by the other party to perform any of its material obligations under this Agreement; provided, however, that the party alleged to be in default shall be given an opportunity to cure the default as provided herein. Notice of intent to terminate shall be in writing and shall be given as provided in Section S of this Agreement. The notice shall describe the reasons for the intended termination. This Agreement shall not be terminated if the party alleged to be in default gives written notice of its intent to cure the default within five (5) days after service of the notice of intended termination, and, in addition, fully cures the default within thirty (30) days after service of the notice of intended termination; provided that, if the nature of the breach is such that it will reasonably require more than 30 days to cure, the party alleged to be in default shall not be in default so long as it promptly commences the cure and diligently proceeds to completion of the cure within 60 days after notice, and provided that neither notice nor opportunity to cure applies to events described in subsection (b) below.
b. CITY may immediately terminate this Agreement if prior to CITY meeting its annual maximum, if any, for sludge to be treated by CONTRACTOR, CONTRACTOR ceases to accept sludge from the City for a period of 5 consecutive days (or on a total of 15 days during any calendar year) for any reason within the CONTRACTOR’s reasonable control.
c. CITY’s withholding of payment due to an alleged breach shall not constitute a substantial failure to perform its material obligations under subsection (a) above.
d. In the event of a termination for default, both parties shall have all the rights and remedies provided by law.
2. Termination for Convenience.
The City Manager may terminate this Agreement without cause by giving thirty (30) days’ prior written notice thereof to CONTRACTOR..
3. General Provisions
Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue performance. CITY shall pay CONTRACTOR for services satisfactorily DocuSign Envelope ID: A96C8D7E-3923-4DE7-8E38-7DD35DB5D0CE Item 4
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performed up to the effective date of termination. If the termination is for cause, CITY may deduct from such payment the amount of actual damage, if any, sustained by CITY due to CONTRACTOR’s failure to perform its material obligations under this Agreement. Upon termination, CONTRACTOR shall immediately deliver to the City Manager any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. Such materials shall become the property of CITY.
S. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transf erred without the prior written consent of CITY. No amendments, changes or variations of any kind are authorized without the written consent of CITY.
T. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Agreement. CONTRACTOR further covenants that, in the performance of this Agreemen t, it will not employ any person having such an interest. CONTRACTOR certifies that no C ITY officer, employee, or authorized representative has any financial interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement . CONTRACTOR agrees to advise CITY if any conflict arises.
U. GOVERNING LAW. This Agreement shall be governed and interpreted by the laws of the State of California.
V. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire agreement between the parties with respect to the services that may be the subject of this Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the Agreement itself controls over any conflicting provisions in the exhibits. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written.
W. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds ar e not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section DocuSign Envelope ID: A96C8D7E-3923-4DE7-8E38-7DD35DB5D0CE Item 4
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shall take preceden ce in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
X. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CON TRACTOR shall comply with CITY ’s Environmentally Preferred Purchasing po licies which are available at CITY ’s Purchasing Division, which are incorporated by reference and may be amended from time to time.
CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal requirements of CITY ’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONTRACTOR shall comply with the following zero waste requirements:
• All printed materials provided by CONTRACTOR to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double- sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY ’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post -consumer material and printed with vegetable based inks.
• Goods purc hased by Contractor on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including, but not limited to , Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office.
• Reusable/returnable pallets shall be taken back by CONTRCATOR, at no additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
Y. AUTHORITY. The individual(s) executing this Agreement on behalf of the parties represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
Z. PREVAILING WAGES
This Project is not subject to prevailing wages. CONTRACTOR is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7, if the Agreement is not a public works contract, if Agreement does not include a public works construction project of more than $25,000, or the Agreement does not include a public works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than $15,000.
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AA. DIR REGISTRATION. In regard to any public work construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONTRACTOR without proof that CONTRACTOR and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions.
City requires CONTRACTOR and its listed subcontractors to comply with the requirements of SB 854.
CITY provides notice to CONTRACTOR of the requirements of California Labor Code section 1771.1(a), which reads:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the Agreement is awarded.”
CITY gives notice to CONTRACTOR and its listed subcontractors that CONTRACTOR is required to post all job site notices prescribed by law or regulation and CONTRACTOR is subject to SB 854 -compliance monitoring and enforcement by DIR.
CITY requires C ONTRACTOR and its listed subcontractors to comply with the requirements of Labor Code section 1776, including:
Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONTRACTOR and its listed subcontractors, in connection with the Project.
The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONTRACTOR and its listed subcontractors, respectively.
At the request of CITY, acting by its project manager, C ONTRACTOR and its listed subcontractors shall make the certified payroll records available for inspection or DocuSign Envelope ID: A96C8D7E-3923-4DE7-8E38-7DD35DB5D0CE Item 4
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furnished upon request to the project manager within ten (10) days of receipt of CITY’s request.
[For state- and federally-funded projects] CITY requests CONTRACTOR and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project.
If the certified payroll records are not produced to the project manager within the 10-day period, then CONTRACTOR and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and C ITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONTRACTOR.
Inform the project manager of the location of CONTRACTOR’s and its listed subcontractors’ payroll records (street address , city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records.
BB. CONTRACT TERMS. All unchecked boxes do not apply to this Agreement. In the case of any conflict between the terms of this Agreement and the exhibits hereto or CONTRACTOR’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONTRACTOR’s proposal, the exhibits shall control.
CC. FORCE MAJEURE . Neither Party shall be in default of its obligations under this Agreement in the event, and for so long as, it is impossible or extremely impracticable for it to perform its obligations due to an “act of God” (including, but not limited to, flood, earthquake, fire or other catastrophic events), civil disturbance, strikes (except any strikes involving a Party's personnel), orders or judgments of any Federal, State or local court, administrative agency or governmental body, or other similar cause affecting the city of Palo Alto, not the fault of, and beyond the reasonable control of, the Party claiming excuse. A party claiming excuse under this Section must (1) have taken reasonable precautions, if possible, to avoid being affected by the cause and (2) notify the other Party in accordance with this Section.
Any suspension of performance by a Party pursuant to this Section shall be only to the extent, and for a period of no longer duration than, required by the nature of the event, and the Party claiming excuse from obligation shall use its best efforts in an expeditious manner to remedy its inability to perform, and mitigate damages that may occur as a result of the event.
The Party claiming excuse shall deliver to the other Party a written notice of intent to claim excuse from performance under this Agreement by reason of an event of DocuSign Envelope ID: A96C8D7E-3923-4DE7-8E38-7DD35DB5D0CE Item 4
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Force Majeure. Notice shall be given promptly in light of the circumstances, but in any event not later than 5 days after the occurrence of the event of Force Majeure.
Such notice shall describe in detail the event of Force Majeure claimed, the services impacted by the claimed event of Force Majeure, the expected length of time that the Party expects to be prevented from performing, the steps which the Party intends to take to restore its ability to perform, and such other information as the other Party reasonably requests.
The partial or complete interruption or discontinuance of CONTRACTOR’s services caused by an event of Force Majeure shall not constitute an event of default under this Agreement. Notwithstanding the foregoing, in the event of non-performance excused by Force Majeure, where the CONTRACTOR’s nonperformance continues or is noticed to continue for 10 days or more, CITY shall have the right to terminate this Agreement immediately and shall have no obligation to pay for services that have not been performed.
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO LYSTEK INTERNATIONAL LIMITED
_________________________ By________________________________ City Manager or Designee
Name _____________________________
Title_______________________________
Telephone__________________________
Approved as to form: By_________________________________
Name______________________________
__________________________
City Attorney or Designee Title________________________________
Telephone___________________________
DocuSign Envelope ID: A96C8D7E-3923-4DE7-8E38-7DD35DB5D0CE Ron Tomlinson
CEO
Ron Tomlinson, Chief Executive Officer
6138595962
CFO
Christopher Flann, Chief Financial Officer
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EXHIBIT A
SCOPE OF SERVICES
1. BACKGROUND AND PURPOSE
a. The RWQCP is a wastewater treatment plant that produces sludge requiring offsite treatment. Two onsite sewage sludge incinerators were retired in 2019 and replaced with a new sludge dewatering and truck loadout facility. Since 2019, the sludge has been hauled to two different regional treatment facilities , including the Lystek site in this contract, for treatment and end use disposal.
b. To prepare for hauling and treatment, the City first solicited proposals for sludge hauling and treatment services in 2017. Council approved a three - year contract
1 with Denali Water Solutions, LLC (Denali) on June 18, 2018 for sludge hauling services through March 31, 2022. Denali began daily sludge hauling from the City’s dewatering facility on March 19, 2019. Five- year contrac ts
1 for sludge treatment services with Lystek International Limited (Lystek) and Synagro-WWT, Inc. (Synagro) were also approved on June 18, 2018, but these contracts have longer terms through March 31, 2024. A new contract
2 for sludge hauling, again with Denali, was approved
on January 24, 2022 for three more years of hauling services beginning April 1, 2022 and ending March 31, 2025. Following a new solicitation, this contract extends by five years the sludge treatment services provided at the Lystek treatment facility.
c. Current treatment facility addresses are shown below along with currently contracted annual minimums and pricing through 3/31/2024:
i. Lystek International Limited Organic Material Recovery Center on the site of Fairfield-Suisun Sewer District (FSSD)
1. Address: 1010 Chadbourne Rd, Fairfield, CA 94534
2. Minimum wet tons per year is 6,500 at $98.55/ton
1 Staff Report ID# 8913 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager- reports-cmrs/year-archive/2018/id-8913-approve-three-public-works-contracts-for-sludge-hauling-and-offsite-treatment- services.pdf
2 Staff Report ID# 13520, see p. 17 at https://www.cityofpaloalto.org/files/assets/public/agendas - minutes-reports/agendas-minutes/city-council-agendas-minutes/2022/20220124/20220124pccsm- amended-linked-cq-added.pdf
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2. SLUDGE PREPARER’S ADDRESS
Palo Alto Regional Water Quality Control Plant
2501 Embarcadero Way
Palo Alto, CA 94303
650-329-2598 - phone
3. SERVICE ASSUMPTIONS AND PRICES.
a. Except for tonnage commitments required by the Contractor, the City does not expressly or by implication agree that the actual amount of work shall correspond to annual raw sludge tonnages mentioned in this specification, but reserves the right to increase, decrease, or modify the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the City.
b. Annual minimum tonnage delivery is 5,800 tons annually
i. 4,500 wet tons during May through October, 1 truck per day, 7 days per week (excluding holidays Hauler is not operating)
ii. 1,300 wet tons during November through April, 2 trucks per week
4. PALO ALTO SLUDGE CHARACTERISTICS
a. The material covered under this Agreement is a mix of raw, dewatered wastewater sludge and scum (hereafter, “sludge”) that has not yet been stabilized.
b. The wastewater sludge is collected as waste sludge from activated sludge tanks (about 29% of total content) and primary sludge settling tanks (about 71% of total content). This blend is then thickened in gravity thickeners to 3% to 4% solids. The sludge bl end is processed through grinders before being sent to a blend tank. The sludge is kept blended with mix pumps and aerated by a blower in a 100,000 gallon mix tank, is pumped to a belt filter press, is treated for odors in-line with a sodium hypochlorite solution, and is then dewatered using a high molecular weight cationic polymer solution on a belt filter press. Upstream preliminary treatment processes include grit removal and mechanically raked barscreens using ¾” spacing at the headworks.
c. Primary tank scum is pumped through a grinder, sent to a scum concentrator, and thickened to about 50% solids. This scum is added to the 20% plus sludge cake screw conveyors that feed into sludge cake bins.
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d. Solids content of filter press cake will have a solid content of not less than 22%. In general, sludge dryness is often in the range of 29% to 30%.
e. Except as stated herein, the City cannot guarantee condition or quality of the material. Therefore, notice is hereby given that the content and nature of the sludge and scum may change depending on RWQCP process control changes, treatment plant changes, influent characteristics, or treatment plant effectiveness.
f. The City will certify that the wastewater sludge and scum pollutant concentrations are at or below the metal concentration limits established in 40 CFR 503.13, Table 1 and Table 3.
g. The wastewater sludge contains pathogenic microorganisms and does not meet all 40 CFR 503 regulations. The city declares that:
i. The sludge does not meet the pathogen reduction requi rements of 40 CFR 503.32(b)(3) [“PRSP”].
ii. The sludge does not meet the vector attraction reduction requirements of 40 CFR 503.33(b)(1).
h. Furthermore, the RWQCP’s annual USEPA biosolids reports are available upon request. Exhibit A -1 (Palo Alto Sludge Characteristics) is provided with analytical data, including trace metal analysis on sludge and scum as well as general raw sludge characterization.
i. At no time during the term of this Agreement shall the City make available to the Treatment Facility, nor shall the Treatment Facility be obligated to handle, any wastewater sludge which is designated a hazardous waste under any applicable law, rule, or regulation, and nothing herein shall relieve the City of any liability or responsibility with respec t to any sludge generated at its facilities which is a hazardous waste.
j. The City will sample and test its final sludge material to identify the metal concentration limits. All City sampling and analytical reports are available upon request during the term of the agreement. Per USEPA sewage sludge regulations (40 CFR Section 503), sludge is sampled every other month for metals including: arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium, and zinc concentrations.
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5. SLUDGE PRODUCTION ESTIMATES
a. The City produces wastewater sludge twenty -four (24) hours per day, seven (7) days per week resulting in approximately 16,500 to 20,000 wet tons annually, which is approximate to the lowest and highest quarter production rates since January 2020, excluding 2023 first quarter. Note from Exhibit B that 2019 was a year of optimizing the sludge dewatering facility. Though 2019 is pre -pandemic and would seem to be the year for estimating maximum production values, 2019 is not indicative of current sludge dewater ing capabilities and anticipated production quantities.
January to March 2023 shows higher tonnage amounts from solids loadings induced by winter storm flows, and they are not used for predicting future maximum sludge production. The estimated sludge below will be divided between two vendors, Lystek and Synagro.
Dates
Estimated
Minimum
Sludge
Production
Estimated
Maximum Sludge
Production
Estimated Annual
Production
Increase
4/1/24 – 3/30/25 16,500 20,600 --
4/1/25 – 3/30/26 16,500 21,424 4%
4/1/26 – 3/30/27 16,500 22,281 4%
4/1/27 – 3/30/28 16,500 25,089 4% + 1917 tons1
4/1/28 – 3/30/29 16,500 28,754 4% + 2661 tons1
1 Note: additional sludge production expected with upgraded Secondary Treatment system, which will produce an estimated 34% additional waste activated sludge (WAS) or about 10.2% additional total sludge production beginning on an estimated date of 6/9/2027
b. Production rates may be varied or stopped to match RWQCP operational needs. Operation may also be interrupted occasionally for maintenance or repair.
c. The amount of biosolids to be treated is an estimate only. Therefore, notice is hereby given that the quantity, content, and nature of the material may change depending on the RWQCP process control changes, process upsets, plant upgrades, repairs, maintenance, operational improvements, belt press dewatering schedule, day of week, holidays, seasonal changes, storm-induced increases in produced solids, changes in community population, treatment plant changes, and so forth.
6. GENERAL RESPONSIBILITIES
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a. The Contractor , as the treatment facility operator, is to know, follow, comply with, and stay updated on all federal, state, and local laws, regulations, statues, ordinances, orders, decrees, and permits that affect this work. This includes loading and unloading, treatment site operation and maintenance, m onitoring and reporting, processing and disposal of sludge, USDOT, transportation, driver and operator certifications, environmental and pollution regulations, noise control, and inspections by authorized representatives as required by such requirements.
Documentation of specific permits, orders, decrees, registrations, and so forth shall be provided upon request. All costs associated with obtaining such permits and licenses shall be considered as included in the unit price.
Federal Regulations, including 40 CFR Parts 257, 258, 403 and 503, provide specific requirements for biosolids disposal and must be complied with.
b. Raw sludge contains micro -organisms from the wastewater treatment process that include pathogens. Precautions are required, such as adequate training, wearing proper PPE (e.g., latex or nitrile gloves, boots, etc.), washing hands with soap, and access to potable drinking water and OSHA approved first aid kits. The Contractor is to follow an Exposure Control Plan for Blood Borne Pathogens pursu ant to Cal -OSHA rules and California Code of Regulations, Title 8, Section 5193. The Exposure Control Plan is to be on file for review, if requested.
7. DELIVERY SCHEDULE
a. The RWQCP operates year-round and normally calls for two truck pickups per day, each truck averaging 25 wet tons of sludge. The RWQCP may call for three trucks and sometimes one truck or no trucks. There have been a few instances of four or five trucks called for in one day.
b. The RWQCP typically requires haulers to load sludge prior to 6:00 a.m. in Palo Alto but trucks may be loaded later in the morning, depending on the situation, haul distance, driver hour limits, and so forth.
c. Treatment sites that are closed for specific holidays (e.g., Thanksgiving, Christmas, New Years’) or when the City’s contracted hauler is not working can be accommodated with additional storage capacity at the RWQCP for one day with advanced planning. During the contract term, the Treatment Facility is to coordinate with the City’s contracted hauler and the RWQCP about operating status and hours for public holidays.
d. The Treatment Facility is to share their operating hours with City’s contracted hauler. The Treatment Facility is to share holidays that they are DocuSign Envelope ID: A96C8D7E-3923-4DE7-8E38-7DD35DB5D0CE Item 4
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closed with City’s contracted hauler.
8. COORDINATION WITH CITY’S CONTRACTED SLUDGE HAULER
a. Permit requirements at treatment site are to be shared with City’s contracted hauler upon request by City or hauler at no extra expense to City of Palo Alto.
b. Any permit requirements are to be directly handled with City’s contracted hauler, including for insurance, training, reporting, and other requirements.
c. The City does not have a certified weigh scale onsite. It is the City’s hauler’s responsibility to avoid overweight loads and pay any associated fines. The Treatment Facility should directly notify the hauler’s dispatcher of overweight loads as well as notify the City’s project manager. The City can direct the Hauler to load their trailers with less weight, if needed. There are no RWQCP onsite zones or facilities for unloading excess material to return a truck to a legal weight limit. There is no separate weigh scale onsite to aid the Hauler in how much material to remove.
d. The RWQCP is not a staging or storage site. The City will not normally allow a hauler to stage or store loaded trucks at the RWQCP or a Treatment Facility, except permission may be granted for unusual circumstances.
9. TREATMENT REQUIREMENTS
a. If the treatment / disposal facility has a permit violation, they will notify the Palo Alto project manager in writing within 30 days of receipt of written notice. All fines will be paid by the treatment facility and not billed to Palo Alto.
b. The treatment facility is require d to provide adequate space to accommodate the ingress and egress of the trucks and trailers of the City’s sludge hauling contractor. The facility will provide water for vehicle clean- up, suitable lighting for nighttime operation, and any additional facili ties (portable toilets, handwashing facilities) that may be required.
c. Treatment facility shall provide an annual summary to the City of all monitoring and analytical data as required to complete the City’s Annual Biosolids Generator’s Report for the USEPA due February 19 th of each year.
This annual summary shall be posted by January 31 st each year and shall be sent to the Project Manager.
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d. Treatment facility shall provide the name of a 24-hour emergency contact person and phone number. Facility will train their onsite staff and comply with Palo Alto Emergency and Spill Response Plan, as necessary.
e. City will have right to inspect treatment / disposal facility’s site at any time and without prior notification. Treatment facility shall maintain and provide copies to the City of all records, documents, and papers documenting the disposition of biosolids handled by the facility for inspection by authorized local, state, and federal representatives as required by law.
f. Neither party shall use the name, mark s, or logo of the other treatment facility in any planned advertisement, promotional material, press release, or other planned publicity or marking materials, in any form or media, with regard to the subject matter of the agreement without the prior writte n approval of the other party.
g. Treatment parties shall share any requirements and conditions to the City’s Palo Alto’s contracted Hauler, if not already provided to the current hauler (i.e., Denali). The contracted hauler may change on April 1, 2025 or later, when the current 3 -year hauling contract and any contract extensions are completed. If a new hauler is contracted by the City, the Treatment Facility shall promptly coordinate their requirements with the new City hauler.
h. Annual reports shall be prov ided to the RWQCP each year detailing tonnage treated and final disposal disposition.
i. Treatment facility dates, times, hours of operation, and holiday schedules shall be provided to sludge haulers interested in proposing on services to the City of Palo Alto.
10. PAYMENT AND PRICING CONDITIONS
a. See Attachment C – Contract, Section 8, Invoicing.
b. Payment for work is to be made on a wet tonnage basis. Weight shall be based on a certified scale.
c. Except as directed otherwise in these specifications, full compensation for completing Agreement work is considered to be included in the unit prices paid for the various items of work and no separate payment will be made therefore.
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d. Invoicing. Submit a monthly invoice to:
[email protected]
Palo Alto Regional Water Quality Control Plant
Attn: Project Manager, James Allen
2501 Embarcadero Way
Palo Alto, CA 94303
650-329-2598 - phone
Invoice shall include:
• Purchase Order Number
• Item description
• Copy of each load delivery tag along with the tons hauled • Attached certified weight ticket for each load
• Certified net weight of each load times contract price per ton
11. DOCUMENTATION
a. The Contractor shall, at all times during the transportation, storage, and disposal of sludge to be managed under this Agreement, know the location, condition and status of each item being managed.
END OF SECTION
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EXHIBIT A-1
PALO ALTO SLUDGE CHARACTERISTICS
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EXHIBIT B
SCHEDULE OF PERFORMANCE
CHOOSE ONE OF THESE ALTERNATIVES TO DESCRIBE SCHEDULE:
Alternative 1.
CONTRACTOR shall perform the Services according to the following schedule:
Daily sludge treatment from April 1, 2024 to March 31, 2029.
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EXHIBIT C
SCHEDULE OF FEES
ALTERNATIVE 3. Compensation based upon fee schedule
CITY shall pay CONTRACTOR according to the following rate sche dule. The maximum amount of compensation to be paid to CONTRACTOR, including both payment for services and reimbursable expenses, shall not exceed the amounts set forth in Sections 5 and 6 of the Agreement. Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY.
DETAILED RATE SCHEDULE
Start End
Lystek
Unit Price
($ / US Wet Ton)
Lystek
Annual Adjustment Factor
04/01/24 03/30/25 $ 148.00
04/01/25 03/30/26 $ 156.88 6.0%
04/01/26 03/30/27 $ 166.29 5.0%
04/01/27 03/30/28 $ 176.27 4.0%
04/01/28 03/30/29 $ 186.85 4.0%
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EXHIBIT D
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM
OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR
HIGHER, LICE NSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
NO AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
NO
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $2,000,000
YES POLLUTION LIABILITY
ALL DAMAGES $2,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED : CONTRACTOR, AT
ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND
EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE
INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS”
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A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE
POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIG HTS OF THE INSURED
AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY
REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-
PAYMENT OF PREMIUM, TH E ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND
CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
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CITY OF PALO ALTO CONTRACT NO. C24187745B
GENERAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into on the 12 th day of February , 2024, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and SYNAGRO-WWT, INC., a Maryland corporation, located at 435 Williams Court, Suite 100, Baltimore, MD 21220, Telephone Number: 410 -688-4438 (“CONTRACTOR”). In consideration of their mutual covenants, the parties hereto agree as follows:
1. SERVICES. CONTRACTOR shall provide or furnish the services ( the “Services”) described in the Scope of Services, attached at Exhibit A.
2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement:
“A” - Scope of Services
“A-1” – Palo Alto Sludge Characteristics
“B” - Schedule of Performance
“C” – Schedule of Fees
“D” - Insurance Requirements
CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED.
3. TERM.
The term of this Agreement is from April 1, 2024 to March 31, 2029 inclusive, subject to the provisions of Sections R and W of the General Terms and Conditions.
4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in the Schedule of Performance, attached at Exhibit B. Time is of the essence in this Agreement.
5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any:
The total maximum lump sum compensation of dollars ($ ); OR
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The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR
A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of seven million six hundred seventeen thousand and thirteen dollars ($7,617,013.00).
CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY.
CITY has set aside the sum of dollars ($ ) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee.
CONTRACTOR, at the CITY’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement.
6. COMPENSATION DURING ADDITIONAL TERMS.
CONTRACTOR’S compensation rates for each additional term shall be the same as the original term; OR
CONTRACTOR’s compensation rates shall be adjusted effective on the commencement of each Additional Term. The lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in section 5 above, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco -Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPI published most immediately preceding the commencement date of the the n expiring term. Notwithstanding the foregoing, in no event shall CONTRACTOR’s compensation rates be DocuSign Envelope ID: CD2AAB48-F1DE-4C9B-9F2E-49DE8287B2F1 Item 4
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increased by an amount exceeding five percent of the rates effective during the immediately preceding term. Any adjustment to CONTRACTOR’s compensation ra tes shall be reflected in a written amendment to this Agreement.
7. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 7, a “ 9204 P ublic Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind . Public Contract Code Section 9204 mandates certain claims procedures for Public Works Projects
This project is not a 9204 Public Works Project.
8. INVOICING. Send all invoices to CITY, Attention: Project Manager. The Project Manager is : James Allen , Dept.: Public Works , Telephone: 650-329-2243; [email protected]. Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more frequently than monthly. Invoices shall provide a detailed statement of Services performed during the invoice period and are subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt.
GENERAL TERMS AND CONDITIONS
A. ACCEPTANCE. CONTRACTOR accepts and agre es to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and conditions set forth in sections 1 through 8 above, these general terms and conditions and the attached exhibits.
B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of this Agreement, entitled “SERVICES,” and that every individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on CONTRACTOR’s representations regarding its skills, knowledge, and certifications.
CONTRACTOR shall perform all work in accordance with generally accepted business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations.
C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be responsible for DocuSign Envelope ID: CD2AAB48-F1DE-4C9B-9F2E-49DE8287B2F1 Item 4
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employing or engaging all persons necessary to complete the work required under this Agreement.
D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. CON TRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors.
E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable t o the conduct of CONTRACTOR’s business.
F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders.
G. PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONTRACTOR shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONTRACTOR shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060.
H. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or private property that occurs in connection with CONTRACTOR’s performance of the Services. CITY may decline to approve and may withhold payment in whole or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR’s performance of the Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR’s request. When the grounds described above are removed, payment shall be made for amounts withheld because of them.
I. WARRANTIES. CONTRACTOR expressly warrants that all services provided under this Agreement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirements of this Agreement. CONTRACTOR expressly warrants that all materials, goods and equipment provided by DocuSign Envelope ID: CD2AAB48-F1DE-4C9B-9F2E-49DE8287B2F1 Item 4
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CONTRACTOR under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace or correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a period of one year from completion of the Services and shall survive the completion of the Services or termination of this Agreement.
J. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to determine whether CONTRACTOR’s work is completed in a satisfactory manner and complies with the provisions of this Agreement.
K. CITY’S PROPERTY. Any reports, information, data or other mat erial (including copyright interests) developed, collected, assembled, prepared, or caused to be prepared under this Agreement will become the property of CITY without restriction or limitation upon their use and will not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager.
L. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for three (3) years from the date of final payment, CONTRACTOR’s records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) following the terms of this Agreement.
M. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement.
N. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term of this Agreement, the insurance coverage described at Exhibit D. Insurance must be provided by companies with a Best’s Key Rating of A- :VII or higher and which are otherwise acceptable to CITY’s Risk Manager. The Risk Manager must approve deductibles and self- insured retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. C ONTRACTOR shall obtain a policy endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage and will not be cance led or materially reduced in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the Risk Manager. CONTRACTOR shall DocuSign Envelope ID: CD2AAB48-F1DE-4C9B-9F2E-49DE8287B2F1 Item 4
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provide certificates of such policies or other evidence of coverage satisfactory to the Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of insurance shall not operate to limit CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement.
O. HOLD HARMLESS. To the fullest extent permitted by law and without limitation by the provisions of section N relating to insurance, CONTRACTOR shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from and against any and all demands, claims, injuries, losses, or liabilities of any nature, including death or injury to any person, property damage or any other loss and including without limitation all damages, penalties, fines and judgments, associated investigation and administrative expenses and defense costs, including, but not limited to reasonable attorney’s fees, courts costs and costs of alternative dispute resolution), arising out of, or resulting in any way from or in connection with the performance of this Agreement. CONTRACTOR’s obligations under this Section apply regardless of whether or not a liability is caused or contributed to by any negligent (passive or active) act or omission of CITY, except that CONTRACTOR shall not be obligated to indemnify for liability arising from the sole negligence or willful misconduct of CITY. The acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification.
The provisions of this Section survive the completion of the Services or termination of this Agreement.
P. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR certifie s that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person.
CONTRACTOR acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
Q. WORKERS' COMPENSATION . CON TRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of Califor- nia which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of DocuSign Envelope ID: CD2AAB48-F1DE-4C9B-9F2E-49DE8287B2F1 Item 4
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that Code, and certifies that it will comply with such provisions, as applicable, before commencing and during the performance of the Services.
R. TERMINATION. The City Manager may terminate this Agreement without cause by giving ten (10) days’ prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the City Manager may terminate this Agreement immediately upon written notice of termination.
Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue performance. CITY shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If the termination is for cause, CITY may deduct from such payment the amount of actual damage, if any, sustained by CITY due to CONTRACTOR’s failure to perform its material obligations under this Agreement. Upon termination, CONTRACTOR shall immediately deliver to the City Manager any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not c ompleted, prepared by CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. Such materials shall become the property of CITY.
S. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written consent of CITY. No amendments, changes or variations of any kind are authorized without the written consent of CITY.
T. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Agreement. CONTRACTOR further covenants that, in the performance of this Agreemen t, it will not employ any person having such an interest. CONTRACTOR certifies that no C ITY officer, employee, or auth orized representative has any financial interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement . CONTRACTOR agrees to advise CITY if any conflict arises.
U. GOVERNING LAW. This Agreement shall be governed and interpreted by the laws of the State of California.
V. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire agreement between the parties with respect to the services that may be the subject of this Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the Agreement itself controls over any conflicting provisions DocuSign Envelope ID: CD2AAB48-F1DE-4C9B-9F2E-49DE8287B2F1 Item 4
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in the exhibits. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written.
W. NON-APPROPRIATION. This Agreement is subject to t he fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
X. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CON TRACTOR shall comply with CITY ’s Environmentally Preferred Purchasing policies which are available at CITY ’s Purchasing Division, which are incorporated by reference and may be amended from time to time.
CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal requirements of CITY ’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONTRACTOR shall comply with the following zero waste requirements:
• All printed materials provided by CONTRACTOR to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double- sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY ’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post -consumer material and printed with vegetable based inks.
• Goods purchased by Contractor on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including, but not limited to , Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office.
• Reusable/returnable pallets shall be taken back by CONTRCATOR, at no additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
Y. AUTHORITY. The individual(s) executing this Agreement on behalf of the parties represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
DocuSign Envelope ID: CD2AAB48-F1DE-4C9B-9F2E-49DE8287B2F1 Item 4
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Z. PREVAILING WAGES
This Project is not subject to prevailing wages. CONTRACTOR is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7, if the Agreement is not a public works contract, if Agreement does not include a public works construction project of more than $25,000, or the Agreement does not include a public works alteration, demolition, repair, or maintenance (collective ly, ‘improvement’) project of more than $15,000.
AA. DIR REGISTRATION. In regard to any public work construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONTRACTOR without proof that CONTRACTOR and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions.
City requires CONTRACTOR and its listed subcontractors to comply with the requirements of SB 854.
CITY provides notice to CONTRACTOR of the requirements of California Labor Code section 1771.1(a), which reads:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the Agreement is awarded.”
CITY gives notice to CONTRACTOR and its listed subcontractors that CONTRACTOR is required to post all job site notices prescribed by law or regulation and CONTRACTOR is subject to SB 854 -compliance monitoring and enforcement by DIR.
CITY requires C ONTRACTOR and its listed subcontractors to comply with the requirements of Labor Code section 1776, including:
Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, DocuSign Envelope ID: CD2AAB48-F1DE-4C9B-9F2E-49DE8287B2F1 Item 4
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worker, or other employee employed by, respectively, CONTRACTOR and its listed subcontractors, in connection with the Project.
The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONTRACTOR and its listed subcontractors, respectively.
At the request of CITY, acting by its project manager, C ONTRACTOR and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of CITY’s request.
[For state- and federally-funded projects] CITY requests CONTRACTOR and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project.
If the certified payroll records are not produced to the project manager within the 10-day period, then CONTRACTOR and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and C ITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONTRACTOR.
Inform the project manager of the location of CONTRACTOR’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records.
BB. CONTRACT TERMS. All unchecked boxes do not apply to this Agreement. In the case of any conflict between the terms of this Agreement and the exhibits hereto or CONTRACTOR’s proposal (if any), the Agreement shall control. In the case of any conflict b etween the exhibits hereto and CONTRACTOR’s proposal, the exhibits shall control.
CC. FORCE MAJEURE. Neither Party shall be in default of its obligations under this Agreement in the event, and for so long as, it is impossible or extremely impracticable for it to perform its obligations due to an “act of God” (including, but not limited to, flood, earthquake, fire or other catastrophic events), civil disturbance, strikes (except any strikes involving a Party's personnel), orders or judgments of any Federal, State or local court, administrative agency or governmental body, or other similar cause affecting the city of Palo Alto, not the fault of, and beyond the reasonable control of, the Party claiming excuse. A party claiming excuse under this Section must (1) have taken reasonable precautions, if possible, to avoid being affected by the cause and (2) notify the other Party in accordance with this Section.
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Any suspension of performance by a Party pursuant to this Section shall be only to the extent, and for a period of no longer duration than, required by the nature of the event, and the Party claiming excuse from obligation shall use its best efforts in an expeditious manner to remedy its inability to perform, and mitigate damages that may occur as a result of the event.
The Party claiming excuse shall deliver to the other Party a written notice of intent to claim excuse from performance under this Agreement by reason of an event of Force Majeure. Notice shall be given promptly in light of the circumstances, but in any event not later than 5 days after the occurrence of the event of Force Majeure.
Such notice shall describe in detail the event of Force Majeure claimed, the services impacted by the claimed event of Force Majeure, the expected l ength of time that the Party expects to be prevented from performing, the steps which the Party intends to take to restore its ability to perform, and such other information as the other Party reasonably requests.
The partial or complete interruption or discontinuance of CONTRACTOR’s services caused by an event of Force Majeure shall not constitute an event of default under this Agreement. Notwithstanding the foregoing, in the event of non-performance excused by Force Majeure, where the CONTRACTOR’s nonperformance continues or is noticed to continue for 10 days or more, CITY shall have the right to terminate this Agreement immediately and shall have no obligation to pay for services that have not been performed.
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IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO SYNAGRO-WWT, INC
_________________________ By________________________________ City Manager or Designee
Name _____________________________
Title_______________________________
Telephone _________________________
Approved as to form: By_________________________________
Name _____________________________
Title_______________________________
_________________________
City Attorney or Designee Telephone _________________________
DocuSign Envelope ID: CD2AAB48-F1DE-4C9B-9F2E-49DE8287B2F1 Contract Administration Manager
410-537-6154
Rhylee Callan, Contract Administration Manager
Contract Administration Manager
410-537-6154
Rhylee Callan, Contract Administration Manager
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EXHIBIT A
SCOPE OF SERVICES
1. BACKGROUND AND PURPOSE
a. The RWQCP is a wastewater treatment plant that produces sludge requiring offsite treatment. Two onsite sewage sludge incinerators were retired in 2019 and replaced with a new sludge dewatering and truck loadout facility. Since 2019, the sludge has been hauled to two different regional treatment facilities , including the Synagro site in this contract, for treatment and end use disposal.
b. To prepare for hauling and treatment, the City first solicited proposals for sludge hauling and treatment services in 2017. Council approved a three - year contract
1 with Denali Water Solutions, LLC (Denali) on June 18, 2018 for sludge hauling services through March 31, 2022. Denali began daily sludge hauling from the City’s dewatering facility on March 19, 2019. Five- year contracts
1 for sludge treatment services with Lystek International Limited (Lystek) and Synagro-WWT, Inc. (Synagro) were also approved on June 18, 2018, but these contracts have longer terms through March 31, 2024. A new contract
2 for sludge hauling, again with Denali, was approved
on January 24, 2022 for three more years of hauling services beginning April 1, 2022 and ending March 31, 2025. Following a new solicitation, this contract extends by five years the s ludge treatment services provided at the Synagro treatment facility.
c. Current treatment facility addresses are shown below along with currently contracted annual minimums and pricing:
i. Synagro Central Valley Compost Facility (CVC)
1. Address: 13757 Harmon Rd, Dos Palos, CA 93620
2. Minimum wet tons per year is 10,000 at $40.85/ton
2. SLUDGE PREPARER’S ADDRESS
Palo Alto Regional Water Quality Control Plant
1 Staff Report ID# 8913 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager- reports-cmrs/year-archive/2018/id-8913-approve-three-public-works-contracts-for-sludge-hauling-and-offsite-treatment- services.pdf
2 Staff Report ID# 13520, see p. 17 at https://www.cityofpaloalto.org/files/assets/public/agendas - minutes-reports/agendas-minutes/city-council-agendas-minutes/2022/20220124/20220124pccsm- amended-linked-cq-added.pdf
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2501 Embarcadero Way
Palo Alto, CA 94303
650-329-2598 - phone
3. SERVICE ASSUMPTIONS AND PRICES.
a. Except for tonnage commitments required by the Contractor, the City does not expressly or by implication agree that the actual amount of work shall correspond to annual raw sludge tonnages mentioned in this specification, but reserves the right to increase, decrease, or modify the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the City.
b. Annual minimum tonnage delivery guarantee is 10,000 wet tons.
4. PALO ALTO SLUDGE CHARACTERISTICS
a. The material covered under this Agreement is a mix of raw, dewatered wastewater sludge and scum (hereafter, “ sludge”) that has not yet been stabilized.
b. The wastewater sludge is collected as waste sludge from activated sludge tanks (about 29% of total content) and primary sludge settling tanks (about 71% of total content). This blend is then thickened in gravity thickeners to 3% to 4% solids. The sludge bl end is processed through grinders before being sent to a blend tank. The sludge is kept blended with mix pumps and aerated by a blower in a 100,000 gallon mix tank, is pumped to a belt filter press, is treated for odors in-line with a sodium hypochlorite solution, and is then dewatered using a high molecular weight cationic polymer solution on a belt filter press. Upstream preliminary treatment processes include grit removal and mechanically raked barscreens using ¾” spacing at the headworks.
c. Primary tank scum is pumped through a grinder, sent to a scum concentrator, and thickened to about 50% solids. This scum is added to the 20% plus sludge cake screw conveyors that feed into sludge cake bins.
d. Solids content of filter press cake will have a solid content of not less than 22%. In general, sludge dryness is often in the range of 29% to 30%.
e. Except as stated herein, the City cannot guarantee condition or quality of the material. Therefore, notice is hereby given that the content and nature of the sludge and scum may change depending on RWQCP process control DocuSign Envelope ID: CD2AAB48-F1DE-4C9B-9F2E-49DE8287B2F1 Item 4
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changes, treatment plant changes, influent characteristics, or treatment plant effectiveness.
f. The City will certify that the wastewater sludge and scum pollutant concentrations are at or below the metal concentration limits established in 40 CFR 503.13, Table 1 and Table 3.
g. The wastewater sludge contains pathogenic microorganisms and does not meet all 40 CFR 503 regulations. The city declares that:
i. The sludge does not meet the pathogen reduction requir ements of 40 CFR 503.32(b)(3) [“PRSP”].
ii. The sludge does not meet the vector attraction reduction requirements of 40 CFR 503.33(b(1).
h. Furthermore, the RWQCP’s annual USEPA biosolids reports are available upon request. Exhibit A -1 (Palo Alto Sludge Characteristics) is provided with analytical data, including trace metal analysis on sludge and scum as well as general raw sludge characterization.
i. At no time during the term of this Agreement shall the City make available to the Treatment Facility, nor shall the Treatment Facility be obligated to handle, any wastewater sludge which is designated a hazardous waste under any applicable law, rule, or regulation, and nothing herein shall relieve the City of any liability or responsibility with respect to an y sludge generated at its facilities which is a hazardous waste.
j. The City will sample and test its final sludge material to identify the metal concentration limits. All City sampling and analytical reports are available upon request during the term of the agreement. Per USEPA sewage sludge regulations (40 CFR Section 503) , sludge is sampled every other month for metals including: arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium, and zinc concentrations.
5. SLUDGE PRODUCTION ESTIMATES
a. The City produces wastewater sludge twenty -four (24) hours per day, seven (7) days per week resulting in approximately 16,500 to 20,000 wet tons annually, which is approximate to the lowest and highest quarter production rates since January 2020, excluding 2023 first quarter. Note from Exhibit B that 2019 was a year of optimizing the sludge dewatering facility. Though 2019 is pre -pandemic and would seem to be the year for DocuSign Envelope ID: CD2AAB48-F1DE-4C9B-9F2E-49DE8287B2F1 Item 4
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estimating maximum production values, 2019 is not indicative of current sludge dewate ring capabilities and anticipated production quantities.
January to March 2023 shows higher tonnage amounts from solids loadings induced by winter storm flows, and they are not used for predicting future maximum sludge production. The estimated sludge below will be divided between two vendors, Lystek and Synagro.
Dates
Estimated
Minimum Sludge
Production
Estimated
Maximum Sludge
Production
Estimated Annual
Production
Increase
4/1/24 – 3/30/25 16,500 20,600 --
4/1/25 – 3/30/26 16,500 21,424 4%
4/1/26 – 3/30/27 16,500 22,281 4%
4/1/27 – 3/30/28 16,500 25,089 4% + 1917 tons1
4/1/28 – 3/30/29 16,500 28,754 4% + 2661 tons1
1 Note: additional sludge production expected with upgraded Secondary Treatment system, which will produce an estimated 34% additional waste activated sludge (WAS) or about 10.2% additional total sludge production beginning on an estimated date of 6/9/2027
b. Production rates may be varied or stopped to match RWQCP operational needs. Operation may also be interrupted occasionally for maintenance or repair.
c. The amount of biosolids to be treated is an estimate only. Therefore, notice is hereby given that the quantity, content, and nature of the material may change depending on the RWQCP process control changes, process upsets, plant upgrades, repairs, maintenance, operational improvements, belt press dewatering schedule, day of week, holidays, seasonal changes, storm-induced increases in produced solids, changes in community population, treatment plant changes, and so forth.
6. GENERAL RESPONSIBILITIES
a. The Contractor , as the treatment facility operator, is to know, follow, comply with, and stay updated on all federal, state, and local laws, regulations, statues, ordinances, orders, decrees, and permits that affect this work. This includes loading and unloading, treatment site operation and maintenance, m onitoring and reporting, processing and disposal of sludge, USDOT, transportation, driver and operator certifications, environmental and pollution regulations, noise control, and inspections by authorized representatives as required by such requirements.
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Documentation of specific permits, orders, decrees, registrations, and so forth shall be provided upon request. All costs associated with obtaining such permits and licenses shall be considered as included in the unit price.
Federal Regulations, including 40CFR Parts 257, 258, 403 and 503, provide specific requirements for biosolids disposal and must be complied with.
b. Raw sludge contains micro -organisms from the wastewater treatment process that include pathogens. Precautions are required, such as adequate training, wearing proper PPE (e.g., latex or nitrile gloves, boots, etc.), washing hands with soap, and access to potable drinking water and OSHA approved first aid kits. The Contractor is to follow an Exposure Control Plan for Blood Borne Pathogens pursua nt to Cal -OSHA rules and California Code of Regulations, Title 8, Section 5193. The Exposure Control Plan is to be on file for review, if requested.
7. DELIVERY SCHEDULE
a. The RWQCP operates year-round and normally calls for two truck pickups per day, each truck averaging 25 wet tons of sludge. The RWQCP may call for three trucks and sometimes one truck or no trucks. There have been a few instances of four or five trucks called for in one day.
b. The RWQCP typically requires haulers to load sludge prior to 6:00 a.m. in Palo Alto but trucks may be loaded later in the morning, depending on the situation, haul distance, driver hour limits, and so forth.
c. Treatment sites that are closed for specific h olidays (e.g., Thanksgiving, Christmas, New Years’) or when the City’s contracted hauler is not working can be accommodated with additional storage capacity at the RWQCP for one day with advanced planning. During the contract term, the Treatment Facility is to coordinate with the City’s contracted hauler and the RWQCP about operating status and hours for public holidays.
d. The Treatment Facility is to share their operating hours with City’s contracted hauler. The Treatment Facility is to share holidays that they are closed with City’s contracted hauler.
8. COORDINATION WITH CITY’S CONTRACTED SLUDGE HAULER
a. Permit requirements at treatment site are to be shared with City’s contracted hauler upon request by City or hauler at no extra expense to City of Palo Alto.
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b. Any permit requirements are to be directly handled with City’s contracted hauler, including for insurance, training, reporting, and other requirements.
c. The City does not have a certified weigh scale onsite. It is the City’s hauler’s responsibility to avoid overweight loads and pay any associate fines. The Treatment Facility should directly notify the hauler’s dispatcher of overweight loads as well as notify the City’s project manager. The City can direct the Hauler to load their trailers with less weight, if needed. There are no RWQCP onsite zones or facilities for unloading excess material to return a truck to a legal weight limit. There is no separate we igh scale onsite to aid the Hauler in how much material to remove.
d. The RWQCP is not a staging or storage site. The City will not normally allow a hauler to stage or store loaded trucks at the RWQCP or a Treatment Facility, except permission may be granted for unusual circumstances.
9. TREATMENT REQUIREMENTS
a. If the treatment / disposal facility has a permit violation, they will notify the Palo Alto project manager in writing within 30 days of receipt of written notice. All fines will be paid by the treatment facility and not billed to Palo Alto.
b. The treatment facility is required to provide adequate space to accommodate the ingress and egress of the trucks and trailers of the City’s sludge hauling contractor. The facility will provide water for vehicle clean- up, suitable lighting for nighttime operation, and any additional facilities (portable toilets, handwashing facilities) that may be required.
c. Treatment facility shall provide an annual summary to the City of all monitoring and analytical data as require d to complete the City’s Annual Biosolids Generator’s Report for the USEPA due February 19 th of each year.
This annual summary shall be posted by January 31 st each year and shall be sent to the Project Manager.
d. Treatment facility shall provide the name of a 24-hour emergency contact person and phone number. Facility will train their onsite staff and comply with Palo Alto Emergency and Spill Response Plan, as necessary.
e. City will have right to inspect treatment / disposal facility’s site at any time and without prior notification. Treatment facility shall maintain and provide copies to the City of all records, documents, and papers DocuSign Envelope ID: CD2AAB48-F1DE-4C9B-9F2E-49DE8287B2F1 Item 4
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documenting the disposition of biosolids handled by the facility for inspection by authorized local, state, and federal representatives as required by law.
f. Neither party shall use the name, marks, or logo of the other treatment facility in any planned advertisement, promotional material, press release, or other planned publicity or marking materials, in any form or media, with regard to the subject matter of the agreement without the prior written approval of the other party.
g. Treatment parties shall share any requirements and conditions to the City’s Palo Alto’s contracted Hauler, if not already provided to the current hauler (i.e., Denali). The contracted hauler may change on April 1, 2025 or later, when the current 3 -year hauling contract and any contract extensions are completed. If a new ha uler is contracted by the City, the Treatment Facility shall promptly coordinate their requirements with the new City hauler.
h. Annual reports shall be provided to the RWQCP each year detailing tonnage treated and final disposal disposition.
i. Treatment facility dates, times, hours of operation, and holiday schedules shall be provided to sludge haulers interested in proposing on services to the City of Palo Alto.
10. PAYMENT AND PRICING CONDITIONS
a. See Attachment C – Contract, Section 8, Invoicing.
b. Payment for work is to be made on a wet tonnage basis. Weight shall be based on a certified scale.
c. Except as directed otherwise in these specifications, full compensation for completing Agreement work is considered to be included in the unit prices paid for the various items of work and no separate payment will be made therefore.
d. Invoicing. Submit a monthly invoice to:
[email protected]
Palo Alto Regional Water Quality Control Plant
Attn: Project Manager, James Allen
2501 Embarcadero Way
Palo Alto, CA 94303
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650-329-2598 - phone
Invoice shall include:
• Purchase Order Number
• Item description
• Copy of each load delivery tag along with the tons hauled • Attached certified weight ticket for each load
• Certified net weight of each load times contract price per ton
11. DOCUMENTATION
a. The Contractor shall, at all times during the transportation, storage, and disposal of sludge to be managed under this Agreement, know the location, condition and status of each item being managed.
END OF SECTION
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EXHIBIT A-1
PALO ALTO SLUDGE CHARACTERISTICS
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EXHIBIT B
SCHEDULE OF PERFORMANCE
Alternative 1.
CONTRACTOR shall perform the Services according to the following schedule:
Daily sludge treatment from April 1, 2024 to March 31, 2029.
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EXHIBIT C
SCHEDULE OF FEES
ALTERNATIVE 3. Compensation based upon fee schedule
CITY shall pay CONTRACTOR according to the following rate schedule . The maximum amount of compensation to be paid to CONTRACTOR, including both payment for services and reimbursable expenses, shall not exceed the amounts set forth in Sections 5 and 6 of the Agreement. Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY.
DETAILED RATE SCHEDULE
Contract Start Contract End
Synagro
Unit Price
($ / US Wet Ton)
Synagro
Annual Adjustment Factor
04/01/24 03/30/25 $ 68.00
04/01/25 03/30/26 $ 72.08 4.8%
04/01/26 03/30/27 $ 76.40 4.8%
04/01/27 03/30/28 $ 80.99 4.8%
04/01/28 03/30/29 $ 85.85 4.8%
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EXHIBIT D
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM
OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR
HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
YES AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
2,000,000
NO
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $2,000,000
YES POLLUTION LIABILITY
ALL DAMAGES $2,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED : CONTRACTOR, AT
ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND
EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE
INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS”
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A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE
POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED
AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DA TE FOR ANY
REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-
PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND
CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
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Attachment C
List of Key Terms
Alternative daily cover (ADC): ADC means cover material other than earthen material placed on the surface of the active face of a municipal solid waste landfill at the end of each operating day to control vectors, fires, odors, blowing litter, and scavenging. Federal regulations require landfill operators to use six inches of earth material as daily cover unless other materials are allowed as alternatives. CalRecycle has approved 11 ADC material types. Generally, th ese materials must be processed so that they do not allow gaps in the exposed landfill face.
Anaerobic digestion: Anaerobic digestion is a collection of processes by which microorganisms break down biodegradable material in the absence of oxygen.
Beneficial use: Use of a product with a defined benefit, such as biosolids used as soil amendment. Disposal, such as landfilling or incineration, is not beneficial use.
Biogas: A mixture of different gases produced by the breakdown of organic matter in the absence of oxygen to produce a renewable energy source when combusted.
Biosolids: Organic fertilizer or soil amendments produced by the treatment of domestic wastewater. Biosolids consist primarily of dead microbes and other organic matter. Untreated sludge or sludge that does not conform to regulated pollutants and pathogen treatment requirements are not considered biosolids. Biosolids are regulated through the Environmental Protection Agency Title 40 Code of Federal Regulations Part 503 Rule (often referred to as the “503 Biosolids Rule”).
Biosolids land -application facility: A facility where biosolids are spread onto the land at agronomic rates for production of food or fiber. The facility includes any structures necessary to store the biosolids until the soil, weather , and crop conditions are favorable for land application.
Class A biosolids: Material that has met the Class A pathogen reduction requirements or equivalent treatment by a process to further reduce pathogens (PFRP) in accordance with 40 CFR 503. Processes include composting, heat drying, heat treatment, thermophilic aerobic digestion, beta or gamma ray irradiation, and pasteurization.
Class B biosolids: Mater ial that has met the Class B pathogen reduction requirements or equivalent treatment by a process to significantly reduce pathogens (PSRP) in accordance with 40 CFR 503. Processes include aerobic digestion, composting, anaerobic digestion, lime stabilization, and air drying.
Dewatering; dewatered biosolids: A process used to remove water from biosolids producing dewatered biosolids that contain equal to or greater than 20 percent dry solids.
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Dry weight basis: Calculated on the basis of having been dried at 105 degrees Celsius until reaching a constant mass (i.e., essentially 100 percent solids).
40 CFR 503: Regulations for setting "Standards for the use or disposal of sewage sludge," Title 40 Code of Federal Regulations Part 503.
Gasification: Thermal process to convert carbon -based material into a synthesis gas.
Gasification is different from incineration, which uses large amounts of air for combustion to make carbon dioxide and heat. Gasification is in a typical temperature range of 900°F to 3000°F with a limited supply of air or oxygen, only a fraction of what is used in incineration. The synthesis gas can be used as a fuel to make electricity. There are no known sewage sludge gasification systems operating in the US solely on sewage sludge.
Land application: The beneficial use of biosolids applied to land based upon crop needs and the composition of biosolids.
Pathogen: An organism capable of causing a susceptible host to develop a disease or infection.
Pyrolysis: Thermal process to convert carbon -based material into a synthesis gas. Pyrolysis is different from incineration, which uses large amounts of air for combustion to make carbon dioxide and heat. Pyrolysis uses an indirect source of heat to thermally decomp ose organic materials, in a typical temperature range of 400°F to 1400°F, and in the absence of air or oxygen. The unreacted fixed carbon component of the material, along with any inorganic materials, forms a char/ash mixture that remains as a residual. The synthesis gas can be used as a fuel to make electricity and/or as heat used in a biodryer (as in the patented BioForceTech system) to offset external fuel sources for drying the sludge.
Sludge: The solid, semi-solid, or liquid residue removed during the treatment of wastewater.
Thermal hydrolysis process (THP) (Lystek Technology): Lystek’s THP is a low temperature and pressure process that disintegrates microbial cell w alls and hydrolyzes complex macromolecules into simpler components. It uses digested or undigested sludge as a feedstock, breaks the feedstock down in a reactor using high speed shearing, uses alkali treatment to increase pH, and is completed with injection of low temperature and low-pressure steam.
Lystek’s THP differs from the CAMBI process evaluated in the Biosolids Facilities Plan; the CAMBI THP operated at a higher temperature and pressure, utilized pretreatment screening and pre-thickening, and did not use alkali treatment.
Thermophilic digester: A type of anaerobic digester that operates at temperatures above 50°C and produces biogas.
Vectors: Rodents, flies, mosquitoes , or other organisms capable of transporting infectious agents.
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Police
Meeting Date: February 12, 2024
Report #:2311-2300
TITLE
Adoption of Resolution to Authorize Stanford University to Enforce Unauthorized Parking in Several of Its Parking Facilities under Vehicle Code § 21107.8; CEQA Status – Not a Project
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution to authorize Stanford University to enforce parking regulations in several of its privately-owned parking facilities in the jurisdiction of the City of Palo Alto.
EXECUTIVE SUMMARY
The City of Palo Alto (City), having jurisdictional California Vehicle Code (CVC) and Palo Alto Municipal Code (PAMC) authority over parking enforcement of Stanford University's (Stanford) parking lots within the City, considers granting Stanford expanded license to conduct parking enforcement on designated parking facilities under Stanford control including all Stanford medical facilities and some residences. Stanford can conduct private parking enforcement on privately owned off-street parking areas in the City of Palo Alto if the City authorizes such activity by resolution in accordance with CVC 21107.8. This action will expand Stanford’s parking program in Palo Alto beyond the current limited scope of Hoover Pavilion and Stanford Cancer Center to include all properties operating under the brand “Stanford Health Care” as well as certain multi- unit residences along Sand Hill Road, commonly referred to as Stanford West Apartments and Oak Creek Apartments. This action would “catch-up” or “catch-all” most additional health properties constructed and controlled by Stanford and some multi-unit residence complexes that have not already been authorized for enforcement by Stanford. The City will maintain traditional police response for calls for service at these locations.
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BACKGROUND
In 2018, after a similar request from Stanford, the City Council passed resolution 9738 (see staff report 87751), which authorized Stanford to conduct permit enforcement in parking lots in and around the Hoover Pavilion and the Stanford Cancer Center. As a result, since that time, Stanford has managed permit parking in these areas, with Palo Alto Police Department (PAPD) personnel conducting enforcement of CVC violations (e.g. disabled parking violations, fire lane violations, loading zone violations, etc.) on a complaint basis only. This arrangement has worked well.
ANALYSIS
Stanford Transportation staff approached City staff to discuss changes to parking enforcement services in their privately-owned parking facilities in the City. Stanford Transportation procured a permit management system that utilized virtual permits which would expand capacity in Stanford’s private civil parking permits programs. Subsequent discussions with Stanford Transportation resulted in a mutual agreement to expand Stanford's ability to conduct civil parking enforcement in the specified locations.
Stanford Health Care and Lucile Salter Packard Children’s Hospital at Stanford have begun charging for parking in the parking structures and lots on the medical campus between Quarry Road and Sand Hill Road. Virtual and physical permits as well as gate arms are used to regulate parking.
Historically, the City of Palo Alto has provided, at City expense, CVC parking enforcement at Stanford property within the City of Palo Alto. These costs are a small portion of the overall PAPD parking enforcement budget which includes patrol vehicles, parking citation hardware and software, and staff. The City also pays for the cost of processing parking citations and citation collection efforts. In return, the City of Palo Alto retained the modest revenue received from parking citation payments but received no other cost recovery. Revenue is estimated at less than $5,000 a year while the estimated annual cost to conduct patrol in this area is approximately $28,000.
With this resolution, Stanford will be responsible for processing any parking citations issued and collection of parking fees and must follow all requirements of CVC 40215, regarding due process of parking violation notices. Stanford will retain all revenue collected from a parking program.
Stanford will continue to summon PAPD to enforce CVC parking violations.
Palo Alto Police staff will continue to have the authority to issue CVC parking violations as warranted, as the locations listed remain under the jurisdiction of the City of Palo Alto. Public 1 City Council, February 5, 2018, Item 3, SR# 8775
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calls for service related to permit parking issues in the subject area will be routed to Stanford Transportation while police calls for service will continue to be serviced by PAPD.
TIMELINE
Parking enforcement will be relinquished shortly after the approval of the attached resolution on a date mutually agreeable to both Stanford and the City of Palo Alto but no later than 90 days.
FISCAL/RESOURCE IMPACT
There are no material changes to the costs and operations of the City’s parking program services by the Police Department, related to this Stanford enforcement. This analysis and reporting were prepared using existing City staff. No additional staff or operating budget resources are necessary to accept the resolution.
STAKEHOLDER ENGAGEMENT
Stanford University, Stanford Health Care, and Lucile Salter Packard Children’s Hospital at Stanford.
ENVIRONMENTAL REVIEW
The California Public Resources Code § 21065 includes a definition of a “project” as subject to the California Environmental Quality Act (CEQA) if it is an activity directly undertaken by a public agency which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. This project is exempt from the provisions of the CEQA, pursuant to Section 15061(b)(3) of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the activity will have a significant effect on the environment.
ATTACHMENTS
Attachment A: Resolution Authorizing Stanford University to Enforce Unauthorized Parking in Several of Its Parking Facilities
APPROVED BY:
Andrew Binder, Police Chief
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Resolution No.
Resolution of the Council of the City of Palo Alto Authorizing Private Enforcement of Unauthorized Parking at Several Stanford Parking Facilities
The Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. Findings and Declarations.
a. The off‐street parking facilities described in Exhibit A to this Resolution (collectively, the “Stanford Public Parking Facilities”) are generally held open for public vehicular parking and are privately‐owned and ‐maintained by Stanford University, through its Office of Parking and Transportation Services.
b. California Vehicle Code section 21107.8 authorizes the private enforcement of unauthorized parking in such privately owned parking facilities.
c. Stanford University has requested the ability to enforce parking regulations in the Stanford Public Parking Facilities.
SECTION 2. Authorization for Private Enforcement.
a. Stanford University is hereby authorized to regulate unauthorized parking in the Stanford Public Parking Facilities and shall be responsible for issuing and processing parking violations, subject to the provisions Vehicle Code section 21107.8. Specifically, and without limitation:
1. Stanford University shall provide all notices and instructions required under Vehicle Code section 21107.8.
2. It shall be unlawful to offer incentives based on the number of invoices issued or the number or percent of disputed invoices adjudicated that uphold parking charges.
3. Penalties for parking violations in the Stanford Public Parking Facilities shall not exceed the penalties applicable to similar violations in City‐regulated parking areas, as provided in the most recently adopted Palo Alto Administrative and Civil Penalty Schedule, including, without limitation, the penalties applicable to overtime parking in a City lot and unpermitted parking in a City permit area.
4. Parking fee invoices shall include a conspicuous statement to the effect that “This parking invoice fee notice is not issued by the City of Palo Alto.” It shall be unlawful for Stanford University or its agents to represent itself as a government enforcement agency or to use terminology that is restricted to governmental law enforcement.
b. Stanford University as the enforcement entity is the beneficiary of monies collected from parking invoice fees.
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SECTION 3. Dispute Resolution.
a. Stanford University shall adopt and publish dispute resolution procedures for parking penalties consistent with Vehicle Code section 40215 and that shall include, at a minimum:
1. Specified time periods for notifications, review, and appeal.
2. The ability to request an administrative review.
3. The ability to request an administrative hearing, in person or by mail, before a third‐party examiner who has been adequately trained and who provides an independent, objective, fair, and impartial review.
i. The examiner shall be empowered to allow payment of the parking invoice fee in installments for persons showing evidence of inability to pay the parking invoice fee in full.
ii. The examiner’s decision shall be delivered by personal delivery or by first‐ class mail.
b. In the event Stanford University fails to adopt a policy as required by subsection (a), the following procedures shall apply:
1. Within twenty‐one calendar days of the issuance of a notice of parking violation or within fourteen calendar days from the mailing of a notice of delinquent parking violation (whichever is later), a person may request (by telephone, in writing, or in person) an initial review by Stanford University. Upon this review, the notice of parking violation or notice of delinquent parking violation and all penalties and fees based thereon may be canceled by Stanford University if a determination is made that either the violation did not occur, that extenuating circumstances make dismissal of the citation appropriate in the interest of justice, or that the registered owner was not responsible for the violation; however, under no circumstances shall a personal relationship with Stanford University or any of its agents be grounds for cancellation.
i. There shall be no charge for this review.
ii. The decision of Stanford University shall be mailed to the person requesting review.
iii. If the review does not result in cancellation, the decision shall include a reason for that denial, notification of the ability to request an administrative hearing, and notice of the procedure for waiving prepayment of the parking penalty based upon an inability to pay.
2. If the person is dissatisfied with the results of the initial review, the person may request an administrative hearing of the violation no later than 21 calendar days following the mailing of the results of the initial review. i. The request may be made by telephone (or virtually), in writing, or in person. ii. The person requesting an administrative hearing shall deposit the amount of the parking penalty with the processing agency. If the person provides proof of financial inability to deposit the full amount of the parking violation (according to standards developed and included in the Item 5
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Stanford University’s notice of decision upon initial review), the requirement for payment of the parking penalty as a prerequisite to contesting it shall be waived.
iii. The person requesting a hearing shall have the choice of a hearing by mail or in person. An in‐person hearing shall be conducted within Stanford University’s main campus.
iv. The hearing shall be held before a third‐party examiner who has been adequately trained and who provides an independent, objective, fair, and impartial review in accordance with Vehicle Code section 40215(c)(4). v. The examiner’s decision following the administrative hearing may be personally delivered to the person by the examiner or sent by first‐class mail, and, if the notice is not cancelled, include a written reason for that denial.
vi. The examiner may allow deferred payment of the parking penalty, payment in installments, or the performance of community service in lieu of payment, if the person produces satisfactory evidence of inability to pay the penalty in full.
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SECTION 4. Environmental Review. The Council finds that the adoption of this resolution is exempt from review under the California Environmental Quality Act because it can be seen with certainty that there is no possibility of a significant effect on the environment as a result of the transfer of enforcement parking authority from the City to Stanford University.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Assistant City Attorney City Manager
Chief of Police
Item 5
Attachment A -
Resolution Authorizing
Stanford University to
Enforce Unauthorized
Parking in Several of Its
Parking Facilities
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PASTEUR DR
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625 Clark
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777 Welch900 Welch
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1100 Welch
1190 Welch
213 Quarry
801 Welch
Blake Wilbur 1059 Welch
1189 Welch
500 Pasteur
1199 Welch
900 Quarry Rd Ext
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Stanford Lands on Sand Hill, Pasteur, Welch and Quarry Roads ±
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DOCUMENT PATH\\ M:\Groups\_Integration Solutions-GIS\Projects\_LUEP- Land Use Environmental Planning\Map_Requests\Enforcement_Map_L_Lowe_20230810\ExhA_ParkEnf_SHR_Welch_Pasteur_Quarry.mxd This map was produced by
Stanford University's Maps & Records.
COPYRIGHT Board of Trustees of Stanford University.
Reproduction only with the permission of the
Office of Maps and Records.
Date: 9/28/2023
Legend
Stanford University Boundary
Area proposed for Stanford
coordinated parking enforcement
Exhibit A.
Address Description City State ZIP
875-900 Blake Wilbur Advanced Medicine Center & Clinic Palo Alto CA 94305 625 Clark Way Stanford West Child Care Center Palo Alto CA 94305 700 Clark Way Stanford West Apartments Palo Alto CA 94304 200 Pasteur Drive Parking Garage Palo Alto CA 94304
300 Pasteur Drive Lane Building Palo Alto CA 94305
500 Pasteur Drive Stanford Hospital Palo Alto CA 94305
213 Quarry Road Hoover Pavilion Palo Alto CA 94304
900 Quarry Road Ext. Stanford Hospital Palo Alto CA 94305 700 Welch Road Old Winery Palo Alto CA 94305
725 Welch Road LPCH Main & West Garages Palo Alto CA 94304 730 Welch Road Pediatric Ambulatory Care Center Palo Alto CA 94304 750 Welch Road Office Building Palo Alto CA 94304
770 Welch Road Clinical & Office Building Palo Alto CA 94304 777 Welch Road Office Building Palo Alto CA 94304
801 Welch Road Office Building Palo Alto CA 94304
900 Welch Road Office Building Palo Alto CA 94304
1000 Welch Road Office Building Palo Alto CA 94304
1059 Welch Road Parking lot Palo Alto CA 94304
1100 Welch Road Welch Road Apartments Palo Alto CA 94304 1180 Welch Road Parking Lot Palo Alto CA 94304
1189 Welch Road Stanford Hospital Parking Structure Palo Alto CA 94304 1190 Welch Road Parking Lot Palo Alto CA 94304
1199 Welch Road Parking Lot Palo Alto CA 94304
1600 Sand Hill Road Oak Creek Apartments Palo Alto CA 94305 Item 5
Attachment A -
Resolution Authorizing
Stanford University to
Enforce Unauthorized
Parking in Several of Its
Parking Facilities
Item 5: Staff Report
Pg.
8 Packet Pg. 159 of 428
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Police
Meeting Date: February 12, 2024
Report #:2401-2545
TITLE
Approval of Contract Number C24188120 with Summit Uniforms, LLC for Five Years for a Maximum Compensation Amount Not-to-Exceed $720,000 ($144,000/yr) for the Purchase of Police, Fire, and Park Ranger Uniforms and Related Equipment; CEQA status - not a project.
RECOMMENDATION
Staff recommends the City Council approve and authorize the City Manager or their designee to approve Contract Number C24188120 with Summit Uniforms, LLC for five years for a maximum compensation amount not-to-exceed $720,000 ($144,000/yr) for the purchase of police, fire, and park ranger uniforms and related equipment.
BACKGROUND
This contract and subsequent blanket purchase order is for collectively supplying police, fire, and park ranger personnel with uniforms and equipment. These supplies include uniforms and, for police staff and park rangers, some equipment worn on the body. For police, this includes ballistic vests, boots, and duty belts along with most of the equipment on the duty belt (except for a firearm and body worn camera). Uniforms require tailoring in some cases. Uniforms and related equipment are essential to maintaining a professional appearance for the community, performing critical duties, and keeping employees and the public safe. Supplying uniforms to employees is also part of the labor agreements.
The Police Department, Fire Department, and Community Services Department purchase uniforms and equipment for their uniformed personnel on a regular ongoing basis. Police staff include uniform police officers, records staff, animal control officers, and community service officers. These departments must buy uniforms for all new employees and replace existing uniforms routinely due to wear. For the police staff, uniforms and ballistic vests are custom-fitted to each officer, which, in most cases, prevents them from being reused or recycled. Ballistic vests, worn by some police and fire staff, have a shelf life requiring them to be replaced every five years.
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Uniforms are part of the personal protective equipment (PPE) staff uses to mitigate risk of exposure to common hazards.
With the existing contract’s expiration on December 31, 2023, the City issued a Request for Proposal (RFP) in OpenGov, a public bidding platform. Staff directly notified three local suppliers of inventoried uniforms and duty belt equipment. Staff chose these three potential vendors because of proximity to the City since local services for alterations and fitting are required. The City received a single response from Summit Uniforms, LLC (Summit Uniforms) through the RFP process.
ANALYSIS
The City published an RFP four months ago and 116 registered vendors downloaded the RFP.
Summit Uniforms submitted the only response. Summit Uniforms provides uniforms to local public safety agencies and the United States Postal Service (USPS), Valley Transportation Authority (VTA), local park services, and security services. They have decades of extensive knowledge regarding all ranks of law enforcement and fire departments and understand the needs of other uniformed services. Summit Uniforms has an on-site, full-service tailor shop in San Jose. Palo Alto public safety personnel require a location within driving distance for fittings and uniform pick-up/drop-off.
Solicitation Process
Staff posted an RFP for the project on the OpenGov portal and directly notified three local vendors. Staff posted the solicitation for 31 days and received one proposal. The solicitation closed on October 11, 2023.
Table #1: Summary of Request for Proposal
Proposal Description Public Safety Uniforms/RFP #188120 Proposed Length of Project 60 Months (5 Years)
Number of Vendors Notified 3
Number of Proposal Packages Downloaded 116
Total Days to Respond to Proposal 31
Pre-Proposal Meeting No
Pre-Proposal Meeting Date N/A
Number of Proposals Received 1
Proposal Price Range $144,000 per year
Public Link to Solicitation https://procurement.opengov.com/portal/p alo-alto-ca/projects/58786
When the other two vendors (one in San Mateo County and one in Alameda County) were asked why they did not bid, their reply was they do not inventory and supply the brand of department uniforms specified in the bid. Specifically, the other two local vendors do not carry the same Item 6
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manufacturer specifications as currently worn by City staff. The other products inventoried would effectively have current staff in a different looking uniform from future staff.
It should be noted management staff has been adding less expensive options to the specifications when practical. For example, for day-to-day use, staff is encouraged to use the polyester uniform, which is less expensive to the traditional wool uniform, which provide better personal protection.
Some city uniform specifications include field uniforms (sometimes referred to as tactical dress uniforms or battle dress uniforms) for specific traffic or tactical assignments, paramedic services, or animal control because rips and tears are more common, and those uniforms are less expensive to replace or patch.
The previous City supply contract was with Summit Uniforms (contract #C19172451 from 2018- 20231). Costs, in most cases, have risen since the previous contract. The average increase since 2018 is 17%, which represents 2.83% per year. Bullet proof vests increased 25% from six years ago. Staff recommends the City contract with Summit Uniforms for another five years and staff will continue to evaluate the specifications for less expensive options that provide the required protection and professional image.
FISCAL/RESOURCE IMPACT
This contract was created using existing resources. The ”not-to-exceed" cost of this contract is $144,000 per year across three departments. The Department operating budgets will fund this contract. Should the budget not be available to service this contract, the individual departments will seek a budget change within the normal course of the budgeting cycle, which will include Council authorization. For reference, the cost to outfit a new police officer with uniforms and equipment is approximately $5,300. Each department expects to have an annual expense of:
Police $90,000/yr
Fire $35,000/yr
Community Services (Rangers) $19,000/yr
STAKEHOLDER ENGAGEMENT
This contract is for purchasing public safety uniforms and equipment and does not involve or impact any stakeholders.
1 City Council, June 25, 2018, Agenda Item #16, Report # 9267 https://portal.laserfiche.com/Portal/Helper/TileData.aspx?repo=r- 704298fc&docID=31124&x=0&y=1&pageNum=1&scale=2474&ro=0&time=1706059333743&showAnn=1&pageID= 612666&search=c1226de1-3a67-491b-8808-6500c782fad6
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ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because approval of this contract is a continuing administrative or maintenance activity. CEQA Guidelines section 15378(b)(2).
ATTACHMENTS
Attachment A: Contract C24188120 - Summit Uniforms LLC
APPROVED BY:
Andrew Binder, Police Chief
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City of Palo Alto General Services Agreement 1 Rev. March 29, 2018
CITY OF PALO ALTO CONTRACT NO. C24188120
GENERAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into on the 12 th day of February, 2024, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and SUMMIT UNIFORMS, LLC, a Limited Liability Company, located at 545 Meridian Ave., Suite A, San Jose, CA 95126 , Telephone Number: 408 -708-0698 (“ CONTRACTOR”). In consideration of their mutual covenants, the parties hereto agree as follows:
1. SERVICES. CONTRACTOR shall provide or furnish the services ( the “Services”) described in the Scope of Services, attached at Exhibit A.
2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement:
“A” - Scope of Services
“B” - Schedule of Performance
“C” – Schedule of Fees
“D” - Insurance Requirements
CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED.
3 . TERM.
The term of this Agreement is from February 12 , 2024 to February 11 , 2029 inclusive, subject to the provisions of Sections R and W of the General Terms and Conditions.
4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in the Schedule of Performance, attached at Exhibit B. Time is of the essence in this Agreement.
5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any:
The total maximum lump sum compensation of dollars ($ ); OR
The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR DocuSign Envelope ID: CA0CB054-75B8-4247-B078-5BF50A9F4CAF Item 6
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City of Palo Alto General Services Agreement 2 Rev. March 29, 2018
A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of One Hundred Forty-Four Thousand dollars per year ($1 44,000/year) for a not to exceed maximum compensation amount of Seven Hundred Twenty Thousand dollars ($720,000) for all five years.
CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY.
CITY has set aside the sum of dollars ($ ) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee.
CONTRACTOR, at the CITY’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement.
6. COMPENSATION DURING ADDITIONAL TERMS.
CONTRACTOR’S compensation rates for each additional term shall be the same as the original term; OR
CONTRACTOR’s compensation rates shall be adjusted effective on the commencement of each Additional Term. Th e lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in section 5 above, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco -Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPI published most immediately preceding the commencement date of the then expiring term. Notwithstanding the foregoing, in no event shall CONTRACTOR’s compensation rates be increased by an amount exceeding five percent of the rates effective DocuSign Envelope ID: CA0CB054-75B8-4247-B078-5BF50A9F4CAF Item 6
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City of Palo Alto General Services Agreement 3 Rev. March 29, 2018
during the immediately preceding term. An y adjustment to CONTRACTOR’s compensation rates shall be reflected in a written amendment to this Agreement.
7. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 7, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. Public Contract Code Section 9204 mandates certain claims procedures for Public Works Projects, which are set forth in “Appendix __ Claims for Public Contract Code Section 9204 Public Works Projects”.
This project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Appendix __, attached hereto and incorporated herein.
OR
This project is not a 9204 Public Works Project.
8. INVOICING. Send all invoices to CITY, Attention: Project Manager. The Project Manager is Michael Kan , Dept.: Police, Telephone: 650-656-5324. The Project Manager for Fire: Kevin McNally, Dept.: Fire, Telephone: (650)329-2265. Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more f requently than mo nthly. Invoices shall provide a detailed statement of Services performed during the invoice period and are subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt.
GENERAL TERMS AND CONDITIONS
A. ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and conditions set forth in sections 1 through 8 above, these general terms and conditions and the attached exhibits.
B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of this Agreement, entitled “SERVICES,” and that every individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on CONTRACTOR’s representations regarding its skills, knowledge, and certifications.
CONTRACTOR shall perform all work in accordance with generally accepted DocuSign Envelope ID: CA0CB054-75B8-4247-B078-5BF50A9F4CAF Item 6
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business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations.
C. INDEPENDENT CONTRACTOR . It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be responsible for employing or engaging all persons necessary to complete the work required under this Agreement.
D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors.
E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicabl e to the conduct of CONTRACTOR’s business.
F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders.
G. PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONTRACTOR shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONTRACTOR shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060.
H. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or private property that occurs in connection with CONTRACTOR’s performance of the Services. CITY may decline to approve and may withhold payment in whole or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR’s performance of the Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR’s request. When the grounds described above are removed, payment shall be made for amounts withheld because of them.
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City of Palo Alto General Services Agreement 5 Rev. March 29, 2018
I. WARRANTIES. CONTRACTOR expressly warrants that all services provide d under this Agreement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirements of this Agreement. CONTRACTOR expressly warrants tha t all materials, goods and equipment provided by CONTRACTOR under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace o r correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a period of one year from completion of the Services and shall survive the completion of the Services or termination of this Agreement.
J. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to determine whether CONTRACTOR’s work is completed in a satisfactory manner and complies with the provisions of this Agreement.
K. CITY’S PROPERTY. Any reports, information, data or other material (including copyright interests) developed, collected, assembled, prepared, or caused to be prepared under this Agreement will become the property of CITY without restriction or limitation upon their use and will not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager.
L. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the ter m of this Agreement and for three (3) years from the date of final payment, CONTRACTOR’s records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) following the terms of this Agreement.
M. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement.
N. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term of this Agreement, the insurance coverage described at Exhibit D. Insurance must be provided by companies with a Best’s Key Rating of A- :VII or higher and which are otherwise acceptable to CITY’s Risk Manager. The Risk Manager must approve deductibles and self- insured retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and c ontent. CONTRACTOR shall obtain a policy DocuSign Envelope ID: CA0CB054-75B8-4247-B078-5BF50A9F4CAF Item 6
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endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisf actory to the Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the r equired insurance coverages and endorsements to the Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of insurance shall not operate to limit CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement.
O. HOLD HARMLESS. To the fullest extent permitted by law and without limitation by the provisions of section N relating to insurance, CONTRACTOR shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from and against any and all demands, claims, injuries, losses, or liabilities of any nature, including death or injury to any person, property damage or any other loss and including without limitation all damages, penalties, fines and judgments, associated investigation and administrative expenses and defense costs, including, but not limited to reasonable attorney’s fees, courts costs and costs of alternative dispute resolution), arising out of, or resulting in any way from or in connection with the performance of this Agreement. CONTRACTOR’s obligations under this Section apply regardless of whether or not a liability is caused or contributed to by any negligent (passive or active) act or omission of CITY, except that CONTRACTOR shall not be obligated to indemnify for liability arising from the sole negligence or willful miscond uct of CITY. The acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification.
The provisions of this Section survive the completion of the Services or termination of this Agreement.
P. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religio n, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person.
CONTRACTOR acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Mun icipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
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City of Palo Alto General Services Agreement 7 Rev. March 29, 2018
Q. WORKERS' COMPENSATION . CON TRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of Califor- nia which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing and during the performance of the Services.
R. TERMINATION. The City Manager may terminate this Agreement without cause by giving ten (10) days’ prior w ritten notice thereof to CONTRACTOR. If CONTRACTOR fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the City Manager may terminate this Agreement immediately upon written notice of te rmination.
Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue performance. CITY shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If the termination is for cause, CITY may deduct from such payment the amount of actual damage, if any, sustained by CITY due to CONTRACTOR’s failure to perform its material obligations under this Agreement. Upon termination, CONTRACTOR shall immediately deliver to the City Manager any and all c opies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. Such materials shall become the property of CITY.
S. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written consent of CITY. No amendments, changes or variations of any kind are authorized without the written consent of CITY.
T. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Agreement. CONTRACTOR further covenants that, in the performance of this Agreemen t, it will not employ any person having such an interest. CONTRACTOR certifies that no C ITY officer, employee, or authorized representative has any financial interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement . CONTRACTOR agrees to advise CITY if any conflict arises.
U. GOVERNING LAW. This Agreement shall be governed and interpreted by the laws of the State of California.
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V. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire agreement between the parties with respect to the services that may be the subject of this Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the Agreement itself controls over any conflicting provisions in the exhibits. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written.
W. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds ar e not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take preceden ce in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
X. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CON TRACTOR shall comply with CITY ’s Environmentally Preferred Purchasing policies which are available at CITY ’s Purchasing Division, which are incorporated by reference and may be amended from time to time.
CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal requirements of CITY ’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONTRACTOR shall comply with the following zero waste requirements:
• All printed materials provided by CONTRACTOR to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double- sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY ’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post -consumer material and printed with vegetable based inks.
• Goods purchased by Contractor on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including, but not limited to , Extended Producer Responsibility requirements for products and packaging. A copy of this policy i s on file at the Purchasing Division’s office.
• Reusable/returnable pallets shall be taken back by CONTRACTOR, at no additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
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Y. AUTHORITY. The individual(s) executing this Agreement on behalf of the parties represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
Z. PREVAILING WAGES
This Project is not subject to prevailing wages. CONTRACTOR is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7, if the Agreement is not a public works contract, if Agreement does not include a public works construction project of more than $25,000, or the Agreement does not include a public works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than $15,000.
OR
Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the Agreement for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sectio ns, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages.
AA. DIR REGISTRATION. In regard to any public work construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONTRACTOR without proof that CONTRACTOR and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONTRACTOR and its listed subcontractors to comply with the requirements of SB 854.
CITY provides notice to CONTRACTOR of the requirements of California Labor Code section 1771.1(a), which reads:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined DocuSign Envelope ID: CA0CB054-75B8-4247-B078-5BF50A9F4CAF Item 6
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City of Palo Alto General Services Agreement 10 Rev. March 29, 2018
in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the Agreement is awarded.”
CITY gives notice to CONTRACTOR and its listed subcontractors that CONTRACTOR is required to post all job site notices prescribed by law or regulation and CONTRACTOR is subject to SB 854-compliance monitoring and enforcement by DIR.
CITY requires C ONTRACTOR and its listed subcontractors to comply with the requirements of Labor Code section 1776, including:
Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONTRACTOR and its listed subcontractors, in connection with the Project.
The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONTRACTOR and its listed subcontractors, respectively.
At the request of CITY, acting by its project manager, CONTRACTOR and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of CITY’s request.
[For state- and federally-funded projects] CITY requests CONTRACTOR and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project.
If the certified payroll records are not produced to the project manager within the 10-day period, then CONTRACTOR and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONTRACTOR.
Inform the project manager of the location of CONTRACTOR’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records.
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City of Palo Alto General Services Agreement 11 Rev. March 29, 2018
BB. CONTRACT TERMS. All unchecked boxes do not apply to this Agreement. In the case of any conflict between the terms of this Agreement and the exhibits hereto or CONTRACTOR’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONTRACTOR’s proposal, the exhibits shall control.
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CONTRACT NO. C24188120 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
SUMMIT UNIFORMS, LLC
By:_____________________________
Name:__________________________
Title:___________________________
DocuSign Envelope ID: CA0CB054-75B8-4247-B078-5BF50A9F4CAF General Manager
Paul Comaroto
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EXHIBIT A
SCOPE OF SERVICES
CONTRACTOR shall provide new uniforms, accessories and alterations for the City of Palo Alto’s Public Safety Personnel.
The City is responsible for outfitting Police, Fire, and Park Ranger personnel with uniforms and related apparel and equipment. The price lists for each personnel group are attached and staff anticipates minimal changes in these lists for the duration of the agreement.
CONTRACTOR shall provide uniform needs including tailoring and equipment to meet all requirements for police, fire, park rangers, community service officers, animal services, and support services staff.
There are approximately 270 Public Safety employees who will be replacing uniforms on an as-needed basis. These include but not limited to the following:
• Police: Sworn Officers, Community Service Officers, Animal Control Officers, support staff
• Fire: Firefighters, Captains, Chiefs, EMTs, Paramedics, support staff • City: Park Rangers
• Newly hired personnel will require a complete set of the uniform.
Authorization Form
Employees will come to the store to select products and/or to be fitted. Each employee must bring an authorization form signed by an authorized person.
Vendor must not accept orders without this authorization form. No phone orders are allowed unless they are placed by the authorized person. The City will supply the selected vendor with list of authorized persons.
General Specifications
The CONTRACTOR shall:
1. Operate a full-time retail store within 25 miles of Palo Alto with the following minimum requirements:
a. The store must be open a minimum of 5 days a week from 1000-1700 hours
b. Two or more full-time tailors on location
c. Two or more persons working at the store in a customer service capacity d. A primary single point of contact knowledgeable and familiar with police DocuSign Envelope ID: CA0CB054-75B8-4247-B078-5BF50A9F4CAF Item 6
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equipment and uniforms who is available during store hours for questions and has the authority to make updates to the uniform specifications on an as needed basis
e. One or more employees with a minimum of one-year experience fitting police officers for ballistic vests
2. Provide a maximum alteration turn-around time on all orders of 5 business days
3. Have the ability to loan new products on a “demo” basis
4. Provide emergency (same day or next business day) alterations / outfitting for unanticipated, exceptional, occasions (such as funerals) within reason
5. Maintain a regular inventory of all items outlined within the SCHEDULE OF FEES and to have them available in a full range of standard, common sizes
6. Be able to supply appropriate uniforms for Law Enforcement and Fire Academies held within Santa Clara County
7. Provide services and goods on an as needed basis
CONTRACTOR shall be able to provide one or more current service representative names and contact details from each of the below listed company (for the purpose of reference checks – limited to customer service questions only):
Bates Bianchi Blauer Boston Leather
Danner Elbeco Fechheimer Flying Cross
Propper Redkap Rocky Safariland
Scheweizer Thorogood Workrite
Purchase Authorization
CONTRACTOR shall provide uniform needs including tailoring and equipment to meet all requirements for the above listed staff pursuant to a purchase authorization granted by the department chief and/or designated staff member(s) for each department (“authorized purchasing staff”). The City is responsible for maintaining an updated list of authorized purchasing staff members and communicating that list to CONTRACTOR in a timely manner at the beginning of the contract period and whenever changes are made to the staff assignments.
CONTRACTOR may accept orders properly authorized by paper purchase order form, email, phone, or face-to-face contact with the authorized purchasing staff.
CONTRACTOR is required to specify the cost for alterations as outlined within this the SCHEDULE OF FEES and to specify whether the charges are included in the original item price or if the charges are additional. Any pricing that is not submitted shall be assumed to be included in the purchase price.
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Authorized purchasing staff may periodically discuss and accept changes to individual items within the SCHEDULE OF FEES and any corresponding incremental pricing updates under any of the following conditions:
• A manufacturer discontinues a product line, but offers an updated item OR the affected department agrees to substitute a comparable item with similar functionality from a different manufacturer
• A department updates its uniform specifications due to operational changes (i.e. a department- wide switch in duty weapon necessitates new holsters and magazine pouches)
• A department updates its uniform specifications in response to updates in technology, government standards, or best practices (i.e. a switch to the most current ballistic vests from a prior model under an older standard)
Contract pricing bid shall be applied to ANY City department, regardless of where it falls within the schedule of fees (Exhibit C). The schedule of fees is simplified to avoid some of the redundancy in cases where multiple departments utilize the same uniform equipment, clothing, or accessories.
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EXHIBIT B
SCHEDULE OF PERFORMANCE
CONTRACTOR shall perform the Services on an as needed basis.
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EXHIBIT C
SCHEDULE OF FEES
CITY shall pay CONTRACTOR according to the following fee schedule. The maximum amount of compensation to be paid to Contractor, including both payment for services and reimbursable expenses, shall not exceed One Hundred Forty -Four Thousand dollars per year ($144,000/year) and Seven Hundred Twenty Thousand dollars ($720,000) for all five years . Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to City.
YEAR 1 POLICE DEPARTMENT UNIFORMS SCHEDULE OF FEES
Police uniform items are generally "LAPD Navy Blue" in color for sworn, light blue for CSO and support, green/ tan for animal control
Line Item Description Manufacturer Model/St... Unit Cost 1 Wool Pants Fechheimer 32289 $119.00
2 Poly-Lycra pants Fechheimer 39489 $89.00
3 BDU pants Blauer 8831 $69.00
4 Training cargo pants (various
colors)
5.11 Stryke $89.00
5 SWAT TDU pants (SWAT
color)
5.11 $69.00
6 Bike shorts Blauer 8841-1 $99.00
7 CSO shorts 5.11 73285 $-
8 Rain Pants (navy blue or black) 5.11 48057 $119.00
9 Pants Belt (black) Boston Leather $39.00
10 LS wool shirt/ silver P's on
epaulette
Elbeco 437 $99.00
11 SS wool shirt/ silver P's on
epaulette
Elbeco 4237 $89.00
12 LS heavy wool shirt/ silver P's
on epaulette
Elbeco Z4797 $129.00
13 SS heavy wool shirt/ silver P's
on epaulette
Elbeco Z4777 $119.00
14 LS poly-lycra shirt Flying Cross 48W3986 $89.00
15 SS poly-lycra shirt Flying Cross 98R3986 $79.00
16 LS women's poly-lycra shirt Flying Cross 204W3986 $89.00 17 SS women's poly-lycra shirt Flying Cross 254R3986 $79.00 18 LS light blue WW shirt Flying Cross 45W6625 $89.00
19 SS light blue WW shirt Flying Cross 95R6625 $79.00
20 LS women's light blue WW shirt Flying Cross 102W6625 $89.00 21 SS women's light blue WW shirt Flying Cross 152R6625 $79.00 22 LS light blue poplin shirt Elbeco 878 $54.00
23 SS light blue poplin shirt Elbeco 877 $44.00
24 LS tan WW shirt (Animal
Control)
Flying Cross 19W6604 $89.00
25 2S tan WW shirt (Animal
Control)
Flying Cross 69R6604 $79.00
26 LS BDU shirt Blauer 8731 $74.00
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27 SS BDU shirt Blauer 8741 $69.00
28 LS ArmorSkin polo for external
vest wear
Blauer 8471 $74.00
29 SS ArmorSkin polo for external
vest wear
Blauer 8472 $69.00
30 SS Bike Team shirt Blauer 8133 $-
31 SWAT TDU shirt (SWAT color) 5.11 $69.00
32 Polo shirts (various colors)
w/embroidery
Elbeco UFX5131 $59.00
33 Mock Turtleneck Blauer 8110 $39.00
34 Ike Jacket (wool) Flying Cross 31289 $389.00
35 Duty Jacket (wet/ cold weather) Blauer 9820-60 $369.00 36 Liner Jacket Blauer 4660 $149.00
37 Fleece jacket w/ nametag
(Animal Control)
5.11 48038 $-
38 Sweater (Records) SF Knitting $69.00
39 Dress Hat - single silver band Midway $-
40 Felt Hat - Seville blue Stratton F40 single post $189.00 41 Baseball hat with star or hat
patch
Richardson
$24.00
42 Cold weather hat/beanie with
star/patch
None $32.00
43 Traffic safety vest w/star patch Blauer 339P $59.00 44 Black Tie S. Broome $10.00
45 PAPD Star Tie Bar Hookfast $14.00
46 PAPD Star Tie Tac Hookfast $12.00
47 PD shoulder patches paid for
by department, but held at store
for use
None $7.00
YEAR 1 DUTY GEAR/ EQUIPMENT (Police, CSO, Animal Control).
SCHEDULE OF FEES
Line Item Description Manufacture Model/St... Unit Cost 1 Whistle ACME $12.00
2 Handcuffs Peerless 700C $38.00
3 Ballistic Vest w/ spare cover Safariland SM02-3A $1,059.00 4 Ballistic Vest w/ spare cover Safariland Hardwire $1,269.00 5 Rechargeable flashlight Streamlight Strion DS HL
(700
$-
6 Expandable baton (sworn only) ASP 26" $179.00
7 Duty weapon holster (sworn
only)
Safariland 6360 $169.00
8 Side-break baton scabbard ASP 26" $69.00
9 Duty Belt w/ tri-release buckle Bianchi 7980 $69.00 10 Velcro pants belt Bianchi 7205 $29.00
11 Cuff case single Bianchi 7900 $36.00
12 Cuff case double Bianchi 7917 $44.00
13 Open cuff case Bianchi 7934 $49.00
14 Double magazine pouch Bianchi 7902 $49.00
15 Keepers (4-pack) Bianchi 7906 $17.00
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16 OC spray pouch Bianchi 7907 $36.00
17 Universal radio holder Bianchi 7914S $59.00
18 Silent key holder Bianchi 7916 $29.00
19 Compact light holder (Strion-
size)
Bianchi 7926 $22.00
20 Flat glove pouch Bianchi 7928 $29.00
21 Glove pouch Bianchi 7915 $29.00
22 Baton holder Bianchi 7904 $69.00
YEAR 1 POLICE MOTOR OFFICERS SCHEDULE OF FEES
Line Item Description Manufacturer Model/St... Unit Cost 1 Boots All American $549.00
2 Breeches 5.11 $199.00
3 Helmet Shoei $549.00
YEAR 1 FIRE DEPARTMENT UNIFORM SCHEDULE OF FEES
Line Item Description Manufacturer Model/St... Unit Cost 1 16 oz. wool pants Flying Cross SFFDTRS01 $119.00
2 EMS pants Propper $69.00
3 TDU pants (navy blue) 5.11 74003-724 $69.00
4 Pants belt Boston Leather (see above) $36.00
5 SS wool shirt Elbeco 4237 $89.00
6 LS wool shirt Elbeco 437 $99.00
7 SS white shirt Elbeco 867 $44.00
8 LS white shirt Elbeco 877 $54.00
9 SS light blue shirt Elbeco 868 $44.00
10 EMS Jacket 5.11 $-
11 Duty Jacket (navy blue) Blauer 6120 $179.00
12 Double-breasted jacket Fechheimer X917B90- $369.00
13 Blue Bell Cap - plain bill None $109.00
14 Blue Bell Cap - plain bill None $109.00
15 Tie Samuel Boome $10.00
16 Tie Bar Vanguard $8.00
17 Maltese cross Blackinton $14.00
18 Collar insignia - button Blackinton $24.00
19 Collar insignia - cut out silver Blackinton $34.00 20 Collar insignia - cut out gold Blackinton $34.00 21 Badge holder Strong $26.00
22 Shoulder patches Schweitez $14.00
23 Sleeve stripe None $50.00
24 Boots Danner 18102 $349.00
25 Boots Danner 18051 $299.00
26 Boots Thorogood 804-6037 $169.00
27 Additional boots may be
specified as new styles arrive
- Authority outlined in Exhibit
A
None $-
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YEAR 1 PARK RANGERS UNIFORM/ DUTY GEAR SCHEDULE OF FEES Line Item Description Manufacturer Model/St... Unit Cost 1 Class A pants (wool/ poly)
forest green
Flying Cross $
-
2 Class B pants (cotton/ poly)
forest green
Ben Davis $
-
3 Class B pants OD green Blauer 8810 $
-
4 Pants Belt Boston Leather $
-
5 SS RANGER shirt (tropical
weave silver/ tan)
Flying Cross $79.00
6 LS RANGER shirt (tropical
weave silver/ tan)
Flying Cross $89.00
7 SS TECHNICIAN shirt
(khaki cotton / poly)
Dickies $36.00
8 LS TECHNICIAN shirt
(khaki cotton / poly)
Dickies $39.00
9 Duty Jacket OD green Blauer 9820-60 $369.00
10 Straw campaign hat (tan w/
grommets)
Stratton $129.00
11 Coveralls Dickies $59.00
12 Leather glove holder Dickies $16.00
13 Leather key silencer Dickies $25.00
14 Leather flashlight holder Dickies $22.00
15 Leather multi-tool holder Dickies $-
16 Leather M K3 size OC holder Dickies $34.00
YEAR 1 CLOTHING ACCESSORIES (ALL DEPARTMENTS) SCHEDULE OF FEES Line Item Description Manufacturer Model /S ... Unit Cost 1 Cloth nametag None
$12.00
2 Metal nametag for formal shirt None
$15.00
3 Metal nametag for IKE/ formal
jacket
None
$15.00
4 Zippers for shirts None
$20.00
5 Chevrons None
$9.00
6 Hash marks None
$2.00
7 Take in shirt sides None
$25.00
8 Shorten shirt sleeves None
$25.00
9 OVERSIZE CHARGES for
larger than 2XL
None
$-
Year 2
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YEAR 2 POLICE DEPARTMENT UNIFORMS SCHEDULE OF FEES
Police uniform items are generally "LAPD Navy Blue" in color for sworn, light blue for CSO and support, green/ tan for animal control
Line Item Description Manufacturer Model/St... Unit Cost 1 Wool Pants Fechheimer 32289 $120.19
2 Poly-Lycra pants Fechheimer 39489 $89.89
3 BDU pants Blauer 8831 $69.69
4 Training cargo pants (various
colors)
5.11 Stryke $89.89
5 SWAT TDU pants (SWAT
color)
5.11 $69.69
6 Bike shorts Blauer 8841-1 $99.99
7 CSO shorts 5.11 73285 $-
8 Rain Pants (navy blue or black) 5.11 48057 $120.19
9 Pants Belt (black) Boston Leather $39.39
10 LS wool shirt/ silver P's on
epaulette
Elbeco 437 $99.99
11 SS wool shirt/ silver P's on
epaulette
Elbeco 4237 $89.89
12 LS heavy wool shirt/ silver P's
on epaulette
Elbeco Z4797 $130.29
13 SS heavy wool shirt/ silver P's
on epaulette
Elbeco Z4777 $120.19
14 LS poly-lycra shirt Flying Cross 48W3986 $89.89
15 SS poly-lycra shirt Flying Cross 98R3986 $79.79
16 LS women's poly-lycra shirt Flying Cross 204W3986 $89.89 17 SS women's poly-lycra shirt Flying Cross 254R3986 $79.79 18 LS light blue WW shirt Flying Cross 45W6625 $89.89
19 SS light blue WW shirt Flying Cross 95R6625 $79.79
20 LS women's light blue WW shirt Flying Cross 102W6625 $89.89 21 SS women's light blue WW shirt Flying Cross 152R6625 $79.79 22 LS light blue poplin shirt Elbeco 878 $54.54
23 SS light blue poplin shirt Elbeco 877 $44.44
24 LS tan WW shirt (Animal
Control)
Flying Cross 19W6604 $89.89
25 2S tan WW shirt (Animal
Control)
Flying Cross 69R6604 $79.79
26 LS BDU shirt Blauer 8731 $74.74
27 SS BDU shirt Blauer 8741 $69.69
28 LS ArmorSkin polo for external
vest wear
Blauer 8471 $74.74
29 SS ArmorSkin polo for external
vest wear
Blauer 8472 $69.69
30 SS Bike Team shirt Blauer 8133 $-
31 SWAT TDU shirt (SWAT color) 5.11 $69.69
32 Polo shirts (various colors)
w/embroidery
Elbeco UFX5131 $59.59
33 Mock Turtleneck Blauer 8110 $39.39
34 Ike Jacket (wool) Flying Cross 31289 $392.89
35 Duty Jacket (wet/ cold weather) Blauer 9820-60 $372.69 36 Liner Jacket Blauer 4660 $150.49
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37 Fleece jacket w/ nametag
(Animal Control)
5.11 48038 $-
38 Sweater (Records) SF Knitting $69.69
39 Dress Hat - single silver band Midway $-
40 Felt Hat - Seville blue Stratton F40 single post $190.89 41 Baseball hat with star or hat
patch
Richardson
$24.24
42 Cold weather hat/beanie with
star/patch
None $32.32
43 Traffic safety vest w/star patch Blauer 339P $59.59 44 Black Tie S. Broome $10.10
45 PAPD Star Tie Bar Hookfast
$14.14
46 PAPD Star Tie Tac Hookfast
$12.12
47 PD shoulder patches paid for
by department, but held at store
for use
None
$7.07
YEAR 2 DUTY GEAR/ EQUIPMENT (Police, CSO, Animal Control).
SCHEDULE OF FEES
Line Item Description Manufacture Model/St... Unit Cost 1 Whistle ACME $12.12
2 Handcuffs Peerless 700C $38.38
3 Ballistic Vest w/ spare cover Safariland SM02-3A $1,069.59 4 Ballistic Vest w/ spare cover Safariland Hardwire $1,281.69 5 Rechargeable flashlight Streamlight Strion DS HL
(700
$-
6 Expandable baton (sworn only) ASP 26" $180.79
7 Duty weapon holster (sworn
only)
Safariland 6360 $170.69
8 Side-break baton scabbard ASP 26" $69.69
9 Duty Belt w/ tri-release buckle Bianchi 7980 $69.69 10 Velcro pants belt Bianchi 7205 $29.29
11 Cuff case single Bianchi 7900 $36.36
12 Cuff case double Bianchi 7917 $44.44
13 Open cuff case Bianchi 7934 $49.49
14 Double magazine pouch Bianchi 7902 $49.49
15 Keepers (4-pack) Bianchi 7906 $17.17
16 OC spray pouch Bianchi 7907 $36.36
17 Universal radio holder Bianchi 7914S $59.59
18 Silent key holder Bianchi 7916 $29.29
19 Compact light holder (Strion-
size)
Bianchi 7926 $22.22
20 Flat glove pouch Bianchi 7928 $29.29
21 Glove pouch Bianchi 7915 $29.29
22 Baton holder Bianchi 7904 $69.69
YEAR 2 POLICE MOTOR OFFICERS SCHEDULE OF FEES
Line Item Description Manufacturer Model/St... Unit Cost 1 Boots All American
$554.49
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2 Breeches 5.11
$200.99
3 Helmet Shoei
$554.49
YEAR 2 FIRE DEPARTMENT UNIFORM SCHEDULE OF FEES
Line Item Description Manufacturer Model/St... Unit Cost 1 16 oz. wool pants Flying Cross SFFDTRS01 $120.19
2 EMS pants Propper $69.69
3 TDU pants (navy blue) 5.11 74003-724 $69.69
4 Pants belt Boston Leather (see above) $39.39
5 SS wool shirt Elbeco 4237 $89.89
6 LS wool shirt Elbeco 437 $99.99
7 SS white shirt Elbeco 867 $44.44
8 LS white shirt Elbeco 877 $54.54
9 SS light blue shirt Elbeco 868 $44.44
10 EMS Jacket 5.11 $-
11 Duty Jacket (navy blue) Blauer 6120 $180.79
12 Double-breasted jacket Fechheimer X917B90-01 $372.69 13 Blue Bell Cap - plain bill None $110.09
14 Blue Bell Cap - plain bill None $110.09
15 Tie Samuel Boome $10.10
16 Tie Bar Vanguard $8.08
17 Maltese cross Blackinton $14.14
18 Collar insignia - button Blackinton $24.24
19 Collar insignia - cut out silver Blackinton $34.34 20 Collar insignia - cut out gold Blackinton $34.34 21 Badge holder Strong $26.26
22 Shoulder patches Schweitez $14.14
23 Sleeve stripe None $50.50
24 Boots Danner 18102 $352.49
25 Boots Danner 18051 $301.99
26 Boots Thorogood 804-6037 $170.69
27 Additional boots may be
specified as new styles arrive
- Authority outlined in Exhibit
A
None $-
YEAR 2 PARK RANGERS UNIFORM/ DUTY GEAR SCHEDULE OF FEES Line Item Description Manufacturer Model/St... Unit Cost 1 Class A pants (wool/ poly)
forest green
Flying Cross
2 Class B pants (cotton/ poly)
forest green
Ben Davis
3 Class B pants OD green Blauer 8810
4 Pants Belt Boston Leather
5 SS RANGER shirt (tropical
weave silver/ tan)
Flying Cross $79.79
DocuSign Envelope ID: CA0CB054-75B8-4247-B078-5BF50A9F4CAF Item 6
Attachment A - Contract
C24188120 -Summit
Uniforms LLC
Item 6: Staff Report
Pg.
27 Packet Pg. 186 of 428
(rev. Feb 16, 2023)
6 LS RANGER shirt (tropical
weave silver/ tan)
Flying Cross $89.89
7 SS TECHNICIAN shirt
(khaki cotton / poly)
Dickies $36.36
8 LS TECHNICIAN shirt
(khaki cotton / poly)
Dickies $39.39
9 Duty Jacket OD green Blauer 9820-60 $372.69
10 Straw campaign hat (tan w/
grommets)
Stratton $130.29
11 Coveralls Dickies $59.59
12 Leather glove holder Dickies $16.16
13 Leather key silencer Dickies $25.25
14 Leather flashlight holder Dickies $22.22
15 Leather multi-tool holder Dickies $-
16 Leather M K3 size OC holder Dickies $34.34
YEAR 2 CLOTHING ACCESSORIES (ALL DEPARTMENTS) SCHEDULE OF FEES Line Item Description Manufacturer Model /S ... Unit Cost 1 Cloth nametag None
$12.12
2 Metal nametag for formal shirt None
$15.15
3 Metal nametag for IKE/ formal
jacket
None
$15.15
4 Zippers for shirts None
$20.20
5 Chevrons None
$9.09
6 Hash marks None
$2.02
7 Take in shirt sides None
$25.25
8 Shorten shirt sleeves None
$25.25
9 OVERSIZE CHARGES for
larger than 2XL
None
$-
Year 3
YEAR 3 POLICE DEPARTMENT UNIFORMS SCHEDULE OF FEES
Police uniform items are generally "LAPD Navy Blue" in color for sworn, light blue for CSO and support, green/ tan for animal control
Line Item Description Manufacturer Model/St... Unit Cost 1 Wool Pants Fechheimer 32289 $121.39
2 Poly-Lycra pants Fechheimer 39489 $90.79
3 BDU pants Blauer 8831 $70.39
4 Training cargo pants (various
colors)
5.11 Stryke $90.79
5 SWAT TDU pants (SWAT
color)
5.11 $70.39
6 Bike shorts Blauer 8841-1 $100.99
7 CSO shorts 5.11 73285 $-
DocuSign Envelope ID: CA0CB054-75B8-4247-B078-5BF50A9F4CAF Item 6
Attachment A - Contract
C24188120 -Summit
Uniforms LLC
Item 6: Staff Report
Pg.
28 Packet Pg. 187 of 428
(rev. Feb 16, 2023)
8 Rain Pants (navy blue or black) 5.11 48057 $121.39
9 Pants Belt (black) Boston Leather $39.78
10 LS wool shirt/ silver P's on
epaulette
Elbeco 437 $100.99
11 SS wool shirt/ silver P's on
epaulette
Elbeco 4237 $90.79
12 LS heavy wool shirt/ silver P's
on epaulette
Elbeco Z4797 $131.59
13 SS heavy wool shirt/ silver P's
on epaulette
Elbeco Z4777 $121.39
14 LS poly-lycra shirt Flying Cross 48W3986 $90.79
15 SS poly-lycra shirt Flying Cross 98R3986 $80.59
16 LS women's poly-lycra shirt Flying Cross 204W3986 $90.79 17 SS women's poly-lycra shirt Flying Cross 254R3986 $80.59 18 LS light blue WW shirt Flying Cross 45W6625 $90.79
19 SS light blue WW shirt Flying Cross 95R6625 $80.59
20 LS women's light blue WW shirt Flying Cross 102W6625 $90.79 21 SS women's light blue WW shirt Flying Cross 152R6625 $80.59 22 LS light blue poplin shirt Elbeco 878 $55.09
23 SS light blue poplin shirt Elbeco 877 $44.88
24 LS tan WW shirt (Animal
Control)
Flying Cross 19W6604 $90.79
25 2S tan WW shirt (Animal
Control)
Flying Cross 69R6604 $80.59
26 LS BDU shirt Blauer 8731 $75.49
27 SS BDU shirt Blauer 8741 $70.39
28 LS ArmorSkin polo for external
vest wear
Blauer 8471 $75.49
29 SS ArmorSkin polo for external
vest wear
Blauer 8472 $70.39
30 SS Bike Team shirt Blauer 8133 $-
31 SWAT TDU shirt (SWAT color) 5.11 $70.39
32 Polo shirts (various colors)
w/embroidery
Elbeco UFX5131 $60.19
33 Mock Turtleneck Blauer 8110 $39.78
34 Ike Jacket (wool) Flying Cross 31289 $396.82
35 Duty Jacket (wet/ cold weather) Blauer 9820-60 $376.42 36 Liner Jacket Blauer 4660 $151.99
37 Fleece jacket w/ nametag
(Animal Control)
5.11 48038 $-
38 Sweater (Records) SF Knitting $70.39
39 Dress Hat - single silver band Midway $-
40 Felt Hat - Seville blue Stratton F40 single post $192.80 41 Baseball hat with star or hat
patch
Richardson
$24.48
42 Cold weather hat/beanie with
star/patch
None $32.64
43 Traffic safety vest w/star patch Blauer 339P $60.19 44 Black Tie S. Broome $10.20
45 PAPD Star Tie Bar Hookfast
$14.28
46 PAPD Star Tie Tac Hookfast
$12.24
DocuSign Envelope ID: CA0CB054-75B8-4247-B078-5BF50A9F4CAF Item 6
Attachment A - Contract
C24188120 -Summit
Uniforms LLC
Item 6: Staff Report
Pg.
29 Packet Pg. 188 of 428
(rev. Feb 16, 2023)
47 PD shoulder patches paid for
by department, but held at store
for use
None
$7.14
YEAR 3 DUTY GEAR/ EQUIPMENT (Police, CSO, Animal Control).
SCHEDULE OF FEES
Line Item Description Manufacture Model/St... Unit Cost 1 Whistle ACME $12.24
2 Handcuffs Peerless 700C $38.76
3 Ballistic Vest w/ spare cover Safariland SM02-3A $1,080.29 4 Ballistic Vest w/ spare cover Safariland Hardwire $1,294.51 5 Rechargeable flashlight Streamlight Strion DS HL
(700
$-
6 Expandable baton (sworn only) ASP 26" $182.60
7 Duty weapon holster (sworn
only)
Safariland 6360 $172.40
8 Side-break baton scabbard ASP 26" $70.39
9 Duty Belt w/ tri-release buckle Bianchi 7980 $70.39 10 Velcro pants belt Bianchi 7205 $29.58
11 Cuff case single Bianchi 7900 $36.72
12 Cuff case double Bianchi 7917 $44.88
13 Open cuff case Bianchi 7934 $49.98
14 Double magazine pouch Bianchi 7902 $49.98
15 Keepers (4-pack) Bianchi 7906 $17.34
16 OC spray pouch Bianchi 7907 $36.72
17 Universal radio holder Bianchi 7914S $60.19
18 Silent key holder Bianchi 7916 $29.58
19 Compact light holder (Strion-
size)
Bianchi 7926 $22.44
20 Flat glove pouch Bianchi 7928 $29.58
21 Glove pouch Bianchi 7915 $29.58
22 Baton holder Bianchi 7904 $70.39
YEAR 3 POLICE MOTOR OFFICERS SCHEDULE OF FEES
Line Item Description Manufacturer Model/St... Unit Cost 1 Boots All American
$560.03
2 Breeches 5.11
$203.00
3 Helmet Shoei
$560.03
YEAR 3 FIRE DEPARTMENT UNIFORM SCHEDULE OF FEES
Line Item Description Manufacturer Model/St... Unit Cost 1 16 oz. wool pants Flying Cross SFFDTRS01 $121.39
2 EMS pants Propper $70.39
3 TDU pants (navy blue) 5.11 74003-724 $70.39
4 Pants belt Boston Leather (see above) $39.78
5 SS wool shirt Elbeco 4237 $90.79
6 LS wool shirt Elbeco 437 $100.99
DocuSign Envelope ID: CA0CB054-75B8-4247-B078-5BF50A9F4CAF Item 6
Attachment A - Contract
C24188120 -Summit
Uniforms LLC
Item 6: Staff Report
Pg.
30 Packet Pg. 189 of 428
(rev. Feb 16, 2023)
7 SS white shirt Elbeco 867 $44.88
8 LS white shirt Elbeco 877 $55.09
9 SS light blue shirt Elbeco 868 $44.88
10 EMS Jacket 5.11 $-
11 Duty Jacket (navy blue) Blauer 6120 $182.60
12 Double-breasted jacket Fechheimer X917B90-01 $376.42 13 Blue Bell Cap - plain bill None $111.19
14 Blue Bell Cap - plain bill None $111.19
15 Tie Samuel Boome $10.20
16 Tie Bar Vanguard $8.16
17 Maltese cross Blackinton $14.28
18 Collar insignia - button Blackinton $24.48
19 Collar insignia - cut out silver Blackinton $34.68 20 Collar insignia - cut out gold Blackinton $34.68 21 Badge holder Strong $26.52
22 Shoulder patches Schweitez $14.28
23 Sleeve stripe None $51.01
24 Boots Danner 18102 $356.01
25 Boots Danner 18051 $305.01
26 Boots Thorogood 804-6037 $172.40
27 Additional boots may be
specified as new styles arrive -
Authority outlined in Exhibit A
None $-
YEAR 3 PARK RANGERS UNIFORM/ DUTY GEAR SCHEDULE OF FEES Line Item Description Manufacturer Model/St... Unit Cost 1 Class A pants (wool/ poly)
forest green
Flying Cross
2 Class B pants (cotton/ poly)
forest green
Ben Davis
3 Class B pants OD green Blauer 8810
4 Pants Belt Boston Leather
5 SS RANGER shirt (tropical
weave silver/ tan)
Flying Cross $80.59
6 LS RANGER shirt (tropical
weave silver/ tan)
Flying Cross $90.79
7 SS TECHNICIAN shirt
(khaki cotton / poly)
Dickies $36.72
8 LS TECHNICIAN shirt
(khaki cotton / poly)
Dickies $39.78
9 Duty Jacket OD green Blauer 9820-60 $376.42
10 Straw campaign hat (tan w/
grommets)
Stratton $131.59
11 Coveralls Dickies $60.19
12 Leather glove holder Dickies $16.32
13 Leather key silencer Dickies $25.50
14 Leather flashlight holder Dickies $22.44
15 Leather multi-tool holder Dickies $-
DocuSign Envelope ID: CA0CB054-75B8-4247-B078-5BF50A9F4CAF Item 6
Attachment A - Contract
C24188120 -Summit
Uniforms LLC
Item 6: Staff Report
Pg.
31 Packet Pg. 190 of 428
(rev. Feb 16, 2023)
16 Leather M K3 size OC holder Dickies $34.68
YEAR 3 CLOTHING ACCESSORIES (ALL DEPARTMENTS) SCHEDULE OF FEES
Line Item Description Manufacturer Model /S ... Unit Cost 1 Cloth nametag None
$12.24
2 Metal nametag for formal shirt None
$15.30
3 Metal nametag for IKE/ formal
jacket
None
$15.30
4 Zippers for shirts None
$20.40
5 Chevrons None
$9.18
6 Hash marks None
$2.04
7 Take in shirt sides None
$25.50
8 Shorten shirt sleeves None
$25.50
9 OVERSIZE CHARGES for
larger than 2XL
None
$-
Year 4
YEAR 4 POLICE DEPARTMENT UNIFORMS SCHEDULE OF FEES
Police uniform items are generally "LAPD Navy Blue" in color for sworn, light blue for CSO and support, green/ tan for animal control
Line Item Description Manufacturer Model/St... Unit Cost 1 Wool Pants Fechheimer 32289 $122.61
2 Poly-Lycra pants Fechheimer 39489 $91.70
3 BDU pants Blauer 8831 $71.09
4 Training cargo pants (various
colors)
5.11 Stryke $91.70
5 SWAT TDU pants (SWAT
color)
5.11 $71.09
6 Bike shorts Blauer 8841-1 $102.00
7 CSO shorts 5.11 73285 $-
8 Rain Pants (navy blue or black) 5.11 48057 $122.61
9 Pants Belt (black) Boston Leather $40.18
10 LS wool shirt/ silver P's on
epaulette
Elbeco 437 $102.00
11 SS wool shirt/ silver P's on
epaulette
Elbeco 4237 $91.70
12 LS heavy wool shirt/ silver P's
on epaulette
Elbeco Z4797 $132.91
13 SS heavy wool shirt/ silver P's
on epaulette
Elbeco Z4777 $122.61
14 LS poly-lycra shirt Flying Cross 48W3986 $91.70
15 SS poly-lycra shirt Flying Cross 98R3986 $81.39
16 LS women's poly-lycra shirt Flying Cross 204W3986 $91.70 17 SS women's poly-lycra shirt Flying Cross 254R3986 $81.39 DocuSign Envelope ID: CA0CB054-75B8-4247-B078-5BF50A9F4CAF Item 6
Attachment A - Contract
C24188120 -Summit
Uniforms LLC
Item 6: Staff Report
Pg.
32 Packet Pg. 191 of 428
(rev. Feb 16, 2023)
18 LS light blue WW shirt Flying Cross 45W6625 $91.70
19 SS light blue WW shirt Flying Cross 95R6625 $81.39
20 LS women's light blue WW shirt Flying Cross 102W6625 $91.70 21 SS women's light blue WW shirt Flying Cross 152R6625 $81.39 22 LS light blue poplin shirt Elbeco 878 $55.64
23 SS light blue poplin shirt Elbeco 877 $45.33
24 LS tan WW shirt (Animal
Control)
Flying Cross 19W6604 $91.70
25 2S tan WW shirt (Animal
Control)
Flying Cross 69R6604 $81.39
26 LS BDU shirt Blauer 8731 $76.24
27 SS BDU shirt Blauer 8741 $71.09
28 LS ArmorSkin polo for external
vest wear
Blauer 8471 $76.24
29 SS ArmorSkin polo for external
vest wear
Blauer 8472 $71.09
30 SS Bike Team shirt Blauer 8133 $-
31 SWAT TDU shirt (SWAT color) 5.11 $71.09
32 Polo shirts (various colors)
w/embroidery
Elbeco UFX5131 $60.79
33 Mock Turtleneck Blauer 8110 $40.18
34 Ike Jacket (wool) Flying Cross 31289 $400.79
35 Duty Jacket (wet/ cold weather) Blauer 9820-60 $380.18 36 Liner Jacket Blauer 4660 $153.51
37 Fleece jacket w/ nametag
(Animal Control)
5.11 48038 $-
38 Sweater (Records) SF Knitting $71.09
39 Dress Hat - single silver band Midway $-
40 Felt Hat - Seville blue Stratton F40 single post $194.73 41 Baseball hat with star or hat
patch
Richardson
$24.73
42 Cold weather hat/beanie with
star/patch
None
$32.97
43 Traffic safety vest w/star patch Blauer 339P $60.79 44 Black Tie S. Broome $10.30
45 PAPD Star Tie Bar Hookfast
$14.42
46 PAPD Star Tie Tac Hookfast
$12.36
47 PD shoulder patches paid for
by department, but held at store
for use
None
$7.21
YEAR 4 DUTY GEAR/ EQUIPMENT (Police, CSO, Animal Control).
SCHEDULE OF FEES
Line Item Description Manufacture Model/St... Unit Cost 1 Whistle ACME $12.36
2 Handcuffs Peerless 700C $39.15
3 Ballistic Vest w/ spare cover Safariland SM02-3A $1,091.09 4 Ballistic Vest w/ spare cover Safariland Hardwire $1,307.45 DocuSign Envelope ID: CA0CB054-75B8-4247-B078-5BF50A9F4CAF Item 6
Attachment A - Contract
C24188120 -Summit
Uniforms LLC
Item 6: Staff Report
Pg.
33 Packet Pg. 192 of 428
(rev. Feb 16, 2023)
5 Rechargeable flashlight Streamlight Strion DS HL
(700
$-
6 Expandable baton (sworn only) ASP 26" $184.42
7 Duty weapon holster (sworn
only)
Safariland 6360 $174.12
8 Side-break baton scabbard ASP 26" $71.09
9 Duty Belt w/ tri-release buckle Bianchi 7980 $71.09 10 Velcro pants belt Bianchi 7205 $29.88
11 Cuff case single Bianchi 7900 $37.09
12 Cuff case double Bianchi 7917 $45.33
13 Open cuff case Bianchi 7934 $50.48
14 Double magazine pouch Bianchi 7902 $50.48
15 Keepers (4-pack) Bianchi 7906 $17.52
16 OC spray pouch Bianchi 7907 $37.09
17 Universal radio holder Bianchi 7914S $60.79
18 Silent key holder Bianchi 7916 $29.88
19 Compact light holder (Strion-
size)
Bianchi 7926 $22.67
20 Flat glove pouch Bianchi 7928 $29.88
21 Glove pouch Bianchi 7915 $29.88
22 Baton holder Bianchi 7904 $71.09
YEAR 4 POLICE MOTOR OFFICERS SCHEDULE OF FEES
Line Item Description Manufacturer Model/St... Unit Cost 1 Boots All American
$565.64
2 Breeches 5.11
$205.03
3 Helmet Shoei
$565.64
YEAR 4 FIRE DEPARTMENT UNIFORM SCHEDULE OF FEES
Line Item Description Manufacturer Model/St... Unit Cost 1 16 oz. wool pants Flying Cross SFFDTRS01 $122.61
2 EMS pants Propper $71.09
3 TDU pants (navy blue) 5.11 74003-724 $71.09
4 Pants belt Boston Leather (see above) $40.18
5 SS wool shirt Elbeco 4237 $91.70
6 LS wool shirt Elbeco 437 $102.00
7 SS white shirt Elbeco 867 $45.33
8 LS white shirt Elbeco 877 $55.64
9 SS light blue shirt Elbeco 868 $45.33
10 EMS Jacket 5.11 $-
11 Duty Jacket (navy blue) Blauer 6120 $182.42
12 Double-breasted jacket Fechheimer X917B90-01 $380.18 13 Blue Bell Cap - plain bill None $112.30
14 Blue Bell Cap - plain bill None $112.30
15 Tie Samuel Boome $10.30
16 Tie Bar Vanguard $8.24
17 Maltese cross Blackinton $14.42
DocuSign Envelope ID: CA0CB054-75B8-4247-B078-5BF50A9F4CAF Item 6
Attachment A - Contract
C24188120 -Summit
Uniforms LLC
Item 6: Staff Report
Pg.
34 Packet Pg. 193 of 428
(rev. Feb 16, 2023)
18 Collar insignia - button Blackinton $24.73
19 Collar insignia - cut out silver Blackinton $35.03 20 Collar insignia - cut out gold Blackinton $35.03 21 Badge holder Strong $26.79
22 Shoulder patches Schweitez $14.42
23 Sleeve stripe None $51.52
24 Boots Danner 18102 $359.58
25 Boots Danner 18051 $308.06
26 Boots Thorogood 804-6037 $174.12
27 Additional boots may be
specified as new styles arrive -
Authority outlined in Exhibit A
None $-
YEAR 4 PARK RANGERS UNIFORM/ DUTY GEAR SCHEDULE OF FEES Line Item Description Manufacturer Model/St... Unit Cost 1 Class A pants (wool/ poly)
forest green
Flying Cross
2 Class B pants (cotton/ poly)
forest green
Ben Davis
3 Class B pants OD green Blauer 8810
4 Pants Belt Boston Leather
5 SS RANGER shirt (tropical
weave silver/ tan)
Flying Cross $81.39
6 LS RANGER shirt (tropical
weave silver/ tan)
Flying Cross $91.70
7 SS TECHNICIAN shirt
(khaki cotton / poly)
Dickies $37.09
8 LS TECHNICIAN shirt
(khaki cotton / poly)
Dickies $40.18
9 Duty Jacket OD green Blauer 9820-60 $380.18
10 Straw campaign hat (tan w/
grommets)
Stratton $132.91
11 Coveralls Dickies $60.79
12 Leather glove holder Dickies $16.48
13 Leather key silencer Dickies $25.76
14 Leather flashlight holder Dickies $22.67
15 Leather multi-tool holder Dickies $-
16 Leather MK3 size OC holder Dickies $35.03
YEAR 4 CLOTHING ACCESSORIES (ALL DEPARTMENTS) SCHEDULE OF FEES
Line Item Description Manufacturer Model /S ... Unit Cost 1 Cloth nametag None
$12.36
2 Metal nametag for formal shirt None
$15.45
3 Metal nametag for IKE/ formal
jacket
None
$15.45
4 Zippers for shirts None
$20.61
DocuSign Envelope ID: CA0CB054-75B8-4247-B078-5BF50A9F4CAF Item 6
Attachment A - Contract
C24188120 -Summit
Uniforms LLC
Item 6: Staff Report
Pg.
35 Packet Pg. 194 of 428
(rev. Feb 16, 2023)
5 Chevrons None
$9.27
6 Hash marks None
$2.06
7 Take in shirt sides None
$25.76
8 Shorten shirt sleeves None
$25.76
9 OVERSIZE CHARGES for
larger than 2XL
None
$-
Year 5
YEAR 5 POLICE DEPARTMENT UNIFORMS SCHEDULE OF FEES
Line Item Description Manufacturer Model/St... Unit Cost 1 Wool Pants Fechheimer 32289 $123.83
2 Poly-Lycra pants Fechheimer 39489 $92.61
3 BDU pants Blauer 8831 $71.80
4 Training cargo pants (various
colors)
5.11 Stryke $92.61
5 SWAT TDU pants (SWAT
color)
5.11 $71.80
6 Bike shorts Blauer 8841-1 $103.02
7 CSO shorts 5.11 73285 $-
8 Rain Pants (navy blue or black) 5.11 48057 $123.83
9 Pants Belt (black) Boston Leather $40.58
10 LS wool shirt/ silver P's on
epaulette
Elbeco 437 $103.02
11 SS wool shirt/ silver P's on
epaulette
Elbeco 4237 $92.61
12 LS heavy wool shirt/ silver P's
on epaulette
Elbeco 24797 $134.24
13 SS heavy wool shirt/ silver P's
on epaulette
Elbeco 24777 $123.83
14 LS poly-lycra shirt Flying Cross 48W3986 $92.61
15 SS poly-lycra shirt Flying Cross 98R3986 $82.21
16 LS women's poly-lycra shirt Flying Cross 204W3986 $92.61 17 SS women's poly-lycra shirt Flying Cross 254R3986 $82.21 18 LS light blue WW shirt Flying Cross 45W6625 $92.61
19 SS light blue WW shirt Flying Cross 95R6625 $82.21
20 LS women's light blue WW shirt Flying Cross 102W6625 $92.61 21 SS women's light blue WW shirt Flying Cross 152R6625 $82.21 22 LS light blue poplin shirt Elbeco 878 $56.19
23 SS light blue poplin shirt Elbeco 877 $45.79
24 LS tan WW shirt (Animal
Control)
Flying Cross 19W6604 $92.61
25 2S tan WW shirt (Animal
Control)
Flying Cross 69R6604 $82.21
26 LS BDU shirt Blauer 8731 $77.00
27 SS BDU shirt Blauer 8741 $71.80
28 LS ArmorSkin polo for external
vest wear
Blauer 8471 $77.00
DocuSign Envelope ID: CA0CB054-75B8-4247-B078-5BF50A9F4CAF Item 6
Attachment A - Contract
C24188120 -Summit
Uniforms LLC
Item 6: Staff Report
Pg.
36 Packet Pg. 195 of 428
(rev. Feb 16, 2023)
29 SS ArmorSkin polo for external
vest wear
Blauer 8472 $71.80
30 SS Bike Team shirt Blauer 8133 $-
31 SWAT TDU shirt (SWAT color) 5.11 $71.80
32 Polo shirts (various colors)
w/embroidery
Elbeco UFX5131 $61.40
33 Mock Turtleneck Blauer 8110 $40.58
34 Ike Jacket (wool) Flying Cross 31289 $404.79
35 Duty Jacket (wet/ cold weather) Blauer 9820-60 $383.98 36 Liner Jacket Blauer 4660 $155.05
37 Fleece jacket w/ nametag
(Animal Control)
5.11 48038 $-
38 Sweater (Records) SF Knitting $71.80
39 Dress Hat - single silver band Midway $-
40 Felt Hat - Seville blue Stratton F40 single post $196.67 41 Baseball hat with star or hat
patch
Richardson
$24.97
42 Cold weather hat/beanie with
star/patch
None
$33.30
43 Traffic safety vest w/star patch Blauer 339P $61.40 44 Black Tie S. Broome $10.41
45 PAPD Star Tie Bar Hookfast
$14.57
46 PAPD Star Tie Tac Hookfast
$12.49
47 PD shoulder patches paid for
by department, but held at store
for use
None
$7.28
YEAR 5 DUTY GEAR/ EQUIPMENT (Police, CSO, Animal Control).
SCHEDULE OF FEES
Line Item Description Manufacture Model/St... Unit Cost 1 Whistle ACME $12.49
2 Handcuffs Peerless 700C $39.54
3 Ballistic Vest w/ spare cover Safariland SM02-3A $1,102.00 4 Ballistic Vest w/ spare cover Safariland Hardwire $1,320.53 5 Rechargeable flashlight Streamlight Strion DS HL
(700
$-
6 Expandable baton (sworn only) ASP 26" $186.27
7 Duty weapon holster (sworn
only)
Safariland 6360 $175.86
8 Side-break baton scabbard ASP 26" $71.80
9 Duty Belt w/ tri-release buckle Bianchi 7980 $71.80 10 Velcro pants belt Bianchi 7205 $30.18
11 Cuff case single Bianchi 7900 $37.46
12 Cuff case double Bianchi 7917 $45.79
13 Open cuff case Bianchi 7934 $50.99
14 Double magazine pouch Bianchi 7902 $50.99
DocuSign Envelope ID: CA0CB054-75B8-4247-B078-5BF50A9F4CAF Item 6
Attachment A - Contract
C24188120 -Summit
Uniforms LLC
Item 6: Staff Report
Pg.
37 Packet Pg. 196 of 428
(rev. Feb 16, 2023)
15 Keepers (4-pack) Bianchi 7906 $17.69
16 OC spray pouch Bianchi 7907 $37.46
17 Universal radio holder Bianchi 7914S $61.40
18 Silent key holder Bianchi 7916 $30.18
19 Compact light holder (Strion-
size)
Bianchi 7926 $22.89
20 Flat glove pouch Bianchi 7928 $30.18
21 Glove pouch Bianchi 7915 $30.18
22 Baton holder Bianchi 7904 $71.80
YEAR 5 POLICE MOTOR OFFICERS SCHEDULE OF FEES
Line Item Description Manufacturer Model/St... Unit Cost 1 Boots All American
$571.29
2 Breeches 5.11
$207.08
3 Helmet Shoei
$571.29
YEAR 5 FIRE DEPARTMENT UNIFORM SCHEDULE OF FEES
Line Item Description Manufacturer Model/St... Unit Cost 1 16 oz. wool pants Flying Cross SFFDTRS01 $123.83
2 EMS pants Propper $71.80
3 TDU pants (navy blue) 5.11 74003-724 $71.80
4 Pants belt Boston Leather (see above) $40.58
5 SS wool shirt Elbeco 4237 $92.61
6 LS wool shirt Elbeco 437 $103.02
7 SS white shirt Elbeco 867 $45.79
8 LS white shirt Elbeco 877 $56.19
9 SS light blue shirt Elbeco 868 $45.79
10 EMS Jacket 5.11 $-
11 Duty Jacket (navy blue) Blauer 6120 $186.27
12 Double-breasted jacket Fechheimer X917B90-01 $383.98 13 Blue Bell Cap - plain bill None $113.43
14 Blue Bell Cap - plain bill None $113.43
15 Tie Samuel Boome $10.41
16 Tie Bar Vanguard $8.32
17 Maltese cross Blackinton $14.57
18 Collar insignia - button Blackinton $24.97
19 Collar insignia - cut out silver Blackinton $35.38 20 Collar insignia - cut out gold Blackinton $35.38 21 Badge holder Strong $27.06
22 Shoulder patches Schweitez $14.57
23 Sleeve stripe None $52.03
24 Boots Danner 18102 $363.17
25 Boots Danner 18051 $311.14
26 Boots Thorogood 804-6037 $175.86
27 Additional boots may be
specified as new styles arrive -
Authority outlined in Exhibit A
None $-
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YEAR 5 PARK RANGERS UNIFORM/ DUTY GEAR SCHEDULE OF FEES Line Item Description Manufacturer Model/St... Unit Cost 1 Class A pants (wool/ poly)
forest green
Flying Cross
2 Class B pants (cotton/ poly)
forest green
Ben Davis
3 Class B pants OD green Blauer 8810
4 Pants Belt Boston Leather
5 SS RANGER shirt (tropical
weave silver/ tan)
Flying Cross $82.21
6 LS RANGER shirt (tropical
weave silver/ tan)
Flying Cross $92.61
7 SS TECHNICIAN shirt
(khaki cotton / poly)
Dickies $37.46
8 LS TECHNICIAN shirt
(khaki cotton / poly)
Dickies $40.58
9 Duty Jacket OD green Blauer 9820-60 $383.98
10 Straw campaign hat (tan w/
grommets)
Stratton $134.24
11 Coveralls Dickies $61.40
12 Leather glove holder Dickies $16.65
13 Leather key silencer Dickies $26.02
14 Leather flashlight holder Dickies $22.89
15 Leather multi-tool holder Dickies $-
16 Leather M K3 size OC holder Dickies $35.38
YEAR 5 CLOTHING ACCESSORIES (ALL DEPARTMENTS) SCHEDULE OF FEES Line Item Description Manufacturer Model /S ... Unit Cost 1 Cloth nametag None
$12.49
2 Metal nametag for formal shirt None
$15.61
3 Metal nametag for IKE/ formal
jacket
None
$15.61
4 Zippers for shirts None
$20.81
5 Chevrons None
$9.37
6 Hash marks None
$2.08
7 Take in shirt sides None
$26.02
8 Shorten shirt sleeves None
$26.02
9 OVERSIZE CHARGES for
larger than 2XL
None
$-
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EXHIBIT D
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM
OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR
HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
NO
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED : CONTRACTOR, AT
ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND
EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE
INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS”
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A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE
POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED
AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY
REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-
PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND
CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: February 12, 2024
Report #:2310-2142
TITLE
Approval of a General Services Contract Number C24189570 with Downtown Streets Team, Inc. in an Amount Not to Exceed $528,409 for Cleaning Services in the University Avenue and California Avenue Business Districts for a Period of Three Years; CEQA status – Not a Project
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to execute Contract No. C24189570 with Downtown Streets Team, Inc., to provide cleaning services in the University Avenue and California Avenue Business Districts for a term of three years and a total not to exceed amount of $528,409, including $372,447 for basic services and $155,962 for additional services.
EXECUTIVE SUMMARY
Staff recommends approval of a new three-year contract (Attachment A) with Downtown Streets Team, Inc. (DST), to continue to provide services within the University Avenue Business District, and to expand their work to the Car-Free Streets portions of California Avenue and Ramona Street. The expansion of DST services to California Avenue and Ramona Street will help reduce overflowing garbage receptacles, improve reporting of safety hazards and graffiti, and ensure that the newly purchased furniture and games are kept clean and maintained.
BACKGROUND
The Public Works Department’s Public Services Division is responsible for maintaining safe and clean University Avenue and California Avenue Business Districts. In 2010, downtown stakeholders, which included the Palo Alto Business Improvement District (BID) and Palo Alto Downtown Professional and Business Association (PADPBA), proposed a combination of enhanced services that would raise the standards of cleanliness in the University Avenue Business District. The enhanced services included reducing trash from overflowing garbage receptacles, reporting graffiti and vandalism, removing litter in the alleyways and in the five parking structures (S & L, R, J, Q and Civic Center), and reporting suspicious vehicles and/or activities.
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As a result, BID and PADPBA founded the Downtown Streets Team (DST). DST was developed to provide cleaning services to the downtown community, but also to reduce panhandling and provide re-entry skills to the unhoused. Services provided by the DST team members include reducing trash from full garbage containers, removing litter from sidewalks, alleyways, and garages, reporting suspicious vehicles or activities to the proper authorities, and providing peer to peer outreach. The litter control provided by DST also assists the City in avoiding storm water compliance issues.
In 2020, the City developed the Car-Free Streets Program in response to COVID-19, and since then the program has grown in popularity within the community. Due to the increase in attendance, businesses and residents have raised concerns regarding the cleanliness of the Car- Free Streets locations (Ramona Street and California Avenue). In response, staff recommends a partnership with DST so that these areas remain an attractive destination for the community to enjoy. Services that will be provided by DST include litter removal, rearranging and cleaning City- owned outdoor furniture and games, reducing trash from overflowing trash receptacles, reporting safety hazards, and reporting cases of vandalism and graffiti.
Unlike other organizations, DST strives to reduce homelessness by encouraging participants to take an active role in their own development, model positive behavior, and create long-term solutions for their participants. In return, participants can work with a case manager to obtain housing and other life support credits. Each participant is evaluated on their individual performance and recognized for their accomplishments. The skills acquired through this program can then be used to seek further employment.
On November 30, 2020, Staff recommended the approval of a three-year agreement with DST 1.
Due to concerns about DST’s governance and internal practices, Council pulled the item from the consent calendar and on December 7, 2020, approved the agreement for one year rather than three years. On December 13, 2021, the contract was amended for the additional two years 2.
This contract expired on January 11, 2024.
ANALYSIS
Staff recommends Council approve a three-year contract with Downtown Streets Team, Inc. (DST), from January 12, 2024, through January 11, 2027. The City has partnered with DST since 2006 and this partnership has helped reduce issues associated with the unhoused community and assisted in keeping the community clean. Additionally, DST has previously received Community Development Block Grant (CDBG) and Human Services Resource Allocation Process 1 City Council, November 30, 2020; Agenda Item #4, SR #11487; https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2020-2/id-11487.pdf?t=58685.19
2 Downtown Streets Amendment 1 Contract C21179861;
https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/public-services/id-13557-c21179861- downtown-streets-inc._amendment-1_partially-executed.11.30.2021_1.pdf Item 7
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(HSRAP) grants from the City related to homeless outreach and workforce development services.
Considering the many ways in which the City and DST partner, staff is reviewing all contracts and work citywide with Downtown Streets Team. Staff anticipates returning to Council with a citywide approach and performance measures by the end of June, with the goal of increasing efficiencies in managing the scope of work and relationship with DST.
Staff has researched other organizations that provide assistance to unhoused communities. Most organizations provide shelter, counseling, and outreach opportunities. However, DST is exempt from the solicitation process based on Municipal Code Section 2.30.360(d) because they use a peer-to-peer outreach model to other unhoused individuals while also providing cleaning services, in addition to providing the same services as the other organizations. It should be noted that in 2020, the previous contract with DST was approved under the same exemption.
The overall cost of this contract has increased 63% from the 2020 contract with DST. The increase in cost results from the lack of contract increases since the 2017 contract with DST and the additional scope of work for the Car-Free Streets Program areas on Ramona Street and California Avenue. The Car-Free Streets services account for $155,962 of the $528,409 contract amount.
If this three-year contract with DST is not approved, the result will include:
1. The elimination of DST trash removal services currently provided seven days a week.
2. Elimination of an outreach program to unhoused individuals.
3. Graffiti, vandalism, litter, and other issues will not be reported as frequently.
The City cannot supplement the work proposed to be performed by DST with current staff and may have to hire three additional employees (two additional employees to service University Downtown District and one additional employee to service California Avenue Business District).
In addition, the elimination of this outreach program to unhoused individuals cannot be fulfilled by staff. The elimination of this outreach program could potentially increase panhandling within the business districts.
FISCAL/RESOURCE IMPACT
Funding for the first year of this contract is available in the Fiscal Year 2024 Adopted Public Works Department Public Services Division operating budget within the University Avenue and California Avenue Parking Permit Funds. Task 2 of this contract, for all three years, is proposed to be funded twenty percent from the University Avenue Parking Permit Fund and eighty percent from the California Avenue Parking Permit Fund. Subsequent years of this contract will require additional appropriation of funds which will be brought forward as part of the budget development process in those years. The annual estimated budget for the subsequent contract years is shown in the table below. The Year 2 amounts in Table 1 will be addressed and recommended to Council during the Fiscal Year 2025 budget development process.
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Table1: Estimated Contract Costs
Year
2020 Contract
Amount
2024 Contract
Amount Difference
Year 1 (FY2024) Task 1: University Avenue Parking
Permit Fund - $107,748 $117,122. $9,374
Year 1 (FY2024) Task 2: Car-Free Street Cleaning
Services N/A $50,470. $50,470
Year 1 Total $107,748 $167,592 $59,844
Year 2 (FY2025) Task 1: University Avenue Parking
Permit Fund
(Subject to annual appropriation of funds)
$107,748 $124,149. $16,401
Year 2 (FY2025) Task 2: Car-Free Street Cleaning
Services (Subject to annual appropriation of funds) N/A $51,948. $51,948 Year 2 Total $107,748 $176,097 $68,349
Year 3 (FY2026) Task 1: University Avenue Parking
Permit Fund (Subject to annual appropriation of
funds)
$107,748 $131,176. $23,428
Year 3 (FY2026) Task 2: Car-Free Street Cleaning
Services (Subject to annual appropriation of funds) N/A $53,544 $53,544 Year 3 Total $107,748 $184,720 $76,972
Total for three years $323,244 $528,409. $205,165
STAKEHOLDER ENGAGEMENT
On November 6, 2023, the possible use of Downtown Streets Team was brought to the Council's attention during the discussion of the Car-Free Streets alternative study. On November 16, 2023, City Staff published the article, “Update on Car Free Streets: Cal Ave. & Ramona St.”, informing the public of the possibility of using DST’s cleaning services for the Car-Free Streets Program.
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ENVIRONMENTAL REVIEW
The approval of this contract is CEQA-exempt pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility of a significant effect on the environment.
ATTACHMENTS
Attachment A: Downtown Streets Team, Inc. Contract
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
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City of Palo Alto General Services Agreement 1 Rev. March 29, 2018
CITY OF PALO ALTO CONTRACT NO. C24189570
GENERAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into on the 11th day of December 2023, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and DOWNTOWN STREETS, INC ., a California public benefit non -profit corporation , located at 1671 The Alameda, Suite 30 1, San Jose, CA 95126 , Telephone Number: 650- 305-1174 (“CONTRACTOR”). In consideration of their mutual covenants, the parties hereto agree as follows:
1. SERVICES. CONTRACTOR shall provide or furnish the services ( the “Services”) described in the Scope of Services, attached at Exhibit A.
2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement:
“A” - Scope of Services
“B” - Schedule of Performance
“C” – Schedule of Fees
“D” - Insurance Requirements
CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED.
3. TERM.
The term of this Agreement is from January 12, 2024 to January 11, 2027 inclusive, subject to the provisions of Sections R and W of the General Terms and Conditions.
4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRAC TOR, and if applicable, in accordance with the schedule set forth in the Schedule of Performance, attached at Exhibit B. Time is of the essence in this Agreement.
5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any:
The total maximum lump sum compensation of dollars ($); OR
The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR DocuSign Envelope ID: 4544AE09-B448-430E-98E7-A4C7FC164ADC Item 7
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City of Palo Alto General Services Agreement 2 Rev. March 29, 2018
A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of Five Hundred Twenty-Eight Thousand Four Hundred Nine dollars and Nine Cents ($528,409.09).
CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY.
CITY has set aside the sum of dollars ($ ) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written auth orization from the City Manager or designee.
CONTRACTOR, at the CITY’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement.
6. COMPENSATION DURING ADDITIONAL TERMS.
CONTRACTOR’S compensation rates for each additional term shall be the same as the original term; OR
CONTRACTOR’s compensation rates shall be adjusted effective on the commencement of each Additional Term. Th e lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in section 5 above, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco -Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPI published most immediately preceding the commencement date of the then expiring term. Notwithstanding the foregoing, in no event shall CONTRACTOR’s compensation rates be increased by an amount exceeding five percent of the rates effective DocuSign Envelope ID: 4544AE09-B448-430E-98E7-A4C7FC164ADC Item 7
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City of Palo Alto General Services Agreement 3 Rev. March 29, 2018
during the immediately preceding term. An y adjustment to CONTRACTOR’s compensation rates shall be reflected in a written amendment to this Agreement.
7. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 7, a “ 9204 P ublic Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind . Public Contract Code Section 9204 mandates certain claims procedures for Public Works Projects.
This project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Appendix __, attached hereto and incorporated herein.
OR
This project is not a 9204 Public Works Project.
8. INVOICING. Send all invoices to CITY, Attention: Project Manager. The Project Manager is: Kaela Noakes, Dept.: Public Works, Telephone: 650-496-5945, Email:
[email protected]. Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more frequently than monthly. Invoices shall provide a detailed statement of Services performed during the invoice period and are subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt.
GENERAL TERMS AND CONDITIONS
A. ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and conditions set forth in sections 1 through 8 above, these general terms and conditions and the attached exhibits.
B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of this Agreement, entitled “SERVICES,” and that every individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on CONTRACTOR’s representations regarding its skills, knowledge, and certifications.
CONTRACTOR shall perform all work in accordance with generally accepted business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations.
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City of Palo Alto General Services Agreement 4 Rev. March 29, 2018
C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be r esponsible for employing or engaging all persons necessary to complete the work required under this Agreement.
D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors.
E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or cha rges applicable to the conduct of CONTRACTOR’s business.
F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders.
G. PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONTRACTOR shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONTRACTOR shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060.
H. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or private property that occurs in connection with CONTRACTOR’s performance of the Services. CITY may decline to approve and may withhold payment in whole or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR’s performance of the Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR’s request. When the grounds described above are removed, payment shall be made for amounts withheld because of them.
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City of Palo Alto General Services Agreement 5 Rev. March 29, 2018
I. WARRANTIES. CONTRACTOR expressly warrants that all services provided under this Agreement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirements of this Agreement. CONTRACTOR expressly warrants that all materials, goods and equipment provided by CONTRACTOR under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace or correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a period of one year from completion of the Services and shall survive the completion of the Services or termination of this Agreement.
J. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to determine whether CONTRACTOR’s work is completed in a satisfactory manner and complies with the provisions of this Agreement.
K. CITY’S PROPERTY. Any reports, information, data or other material (including copyright interests) developed, collected, assembled, prepared, or caused to be prepared under this Agreement will become the property of CITY without restriction or limitation upon their use and will not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager.
L. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for three (3) years fro m the date of final payment, CONTRACTOR’s records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) following the terms of this Agreement.
M. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement.
N. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term of this Agreement, the insurance coverage described at Exhibit D. Insurance must be provided by companies with a Best’s Key Rating of A- :VII or higher and which are otherwise acceptable to CITY’s Risk Manager. The Risk Manager must approve deductibles and self- insured retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a policy DocuSign Envelope ID: 4544AE09-B448-430E-98E7-A4C7FC164ADC Item 7
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City of Palo Alto General Services Agreement 6 Rev. March 29, 2018
endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfactory to the Risk Manager, together with the r equired endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of insurance shall not operate to limit CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement.
O. HOLD HARMLESS. To the fullest extent permitted by law and without limitation by the provisions of section N relating to insurance, CONTRACTOR shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from and against any and all demands, claims, injuries, losses, or liabilities of any nature, including death or injury to any person, property damage or any other loss and including without limitation all damages, penalties, fines and judgments, associated investigation and administrative expenses and defense costs, including, but not limited to reasonable attorney’s fees, co urts costs and costs of alternative dispute resolution), arising out of, or resulting in any way from or in connection with the performance of this Agreement. CONTRACTOR’s obligations under this Section apply regardless of whether or not a liability is caused or contributed to by any negligent (passive or active) act or omission of CITY, except that CONTRACTOR shall not be obligated to indemnify for liability arising from the sole negligence or willful misconduct of CITY. The acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification.
The provisions of this Section survive the completion of the Services or termination of this Agreement.
P. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, nation al origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person.
CONTRACTOR acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
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City of Palo Alto General Services Agreement 7 Rev. March 29, 2018
Q. WORKERS' COMPENSATION . CON TRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of Califor- nia which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing and during the performance of the Services.
R. TERMINATION. The City Manager may terminate this Agreement without cause by giving ten (10) days’ prior written no tice thereof to CONTRACTOR. If CONTRACTOR fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the City Manager may terminate this Agreement immediately upon written notice of termination .
Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue performance. CITY shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If the termination is for cause, CITY may deduct f rom such payment the amount of actual damage, if any, sustained by CITY due to CONTRACTOR’s failure to perform its material obligations under this Agreement. Upon termination, CONTRACTOR shall immediately deliver to the City Manager any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. Such materials shall become the property of CITY.
S. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written consent of CITY. No amendments, changes or variations of any kind are authorized without the written consent of CITY.
T. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Agreement. CONTRACTOR further covenants that, in the performance of this Agreemen t, it will not employ any person having such an interest. CONTRACTOR certifies that no C ITY officer, employee, or authorized representative has any financial interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement . CO NTRACTOR agrees to advise CITY if any conflict arises.
U. GOVERNING LAW. This Agreement shall be governed and interpreted by the laws of the State of California.
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City of Palo Alto General Services Agreement 8 Rev. March 29, 2018
V. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire agreement between the parties with respect to the services that may be the subject of this Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the Agreement itself controls over any conflicting provisions in the exhibits. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written.
W. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
X. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CON TRACTOR shall comply with CITY ’s Environmentally Preferred Purchasing policies which are available at CITY ’s Purchasing Division, which are incorporated by reference and may be amended f rom time to time.
CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal requirements of CITY ’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONTRACTOR shall comply with the following zero waste requirements:
• All printed materials provided by CONTRACTOR to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double- sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY ’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post -consumer material and printed with vegetable based inks.
• Goods purchased by Contractor on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including, but not limited to, Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office.
• Reusable/returnable pallets shall be taken back by CONTRCATOR, at no additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
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City of Palo Alto General Services Agreement 9 Rev. March 29, 2018
Y. AUTHORITY. The individual(s) executing this Agreement on behalf of the parties represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
Z. PREVAILING WAGES
This Project is not subject to prevailing wages . CONTRACTOR is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7, if the Agreement is not a public works contract, if Agreement does not include a public works construction project of more than $25,000, or the Agreement does not include a public works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than $15,000.
AA. DIR REGISTRATION. In regard to any public work construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONTRACTOR without proof that CONTRACTOR and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions.
City requires CONTRACTOR and its listed subcontractors to comply with the requirements of SB 854.
CITY provides notice to CONTRACTOR of the requirements of California Labor Code section 1771.1(a), which reads:
“A contractor or subc ontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the Agreement is awarded.”
CITY gives notice to CONTRACTOR and its listed subcontractors that CONTRACTOR is required to post all job site notices prescribed by law or regulation and CONTRACTOR is subject to SB 854 -compliance monitoring and enforcement by DIR.
CITY requires C ONTRACTOR and its listed subcontractors to comply with the requirements of Labor Code section 1776, including:
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City of Palo Alto General Services Agreement 10 Rev. March 29, 2018
Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONTRACTOR and its listed subcontractors, in connection with the Project.
The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reaso nable hours at the principal office of CONTRACTOR and its listed subcontractors, respectively.
At the request of CITY, acting by its project manager, C ONTRACTOR and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of CITY’s request.
[For state- and federally-funded projects] CITY requests CONTRACTOR and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project.
If the certified payroll records are not produced to the project manager within the 10-day period, then CONTRACTOR and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and C ITY shall withhol d the sum total of penalties from the progress payment(s) then due and payable to CONTRACTOR.
Inform the project manager of the location of CONTRACTOR’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records.
BB. CONTRACT TERMS. All unchecked boxes do not apply to this Agreement. In the case of any conflict between the terms of this Agreement and the exhibits hereto or CONTRACTOR’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONTRACTOR’s proposal, the exhibits shall control.
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City of Palo Alto General Services Agreement 11 Rev. March 29, 2018
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO DOWNTOWN STREETS, INC.
__________________________ By___________________________ City Manager or Designee
Name ________________________
Title__________________________
__________________________ Telephone_____________________ Purchasing Manager or Designee
Approved as to form: By____________________________
Name_________________________
___________________________
City Attorney or Designee Title__________________________
Telephone_____________________
DocuSign Envelope ID: 4544AE09-B448-430E-98E7-A4C7FC164ADC Interim CEO
Jim Rettew, CEO
(408) 899-7350
Marina Peterson
408-899-7350
Chief Financial Officer
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City of Palo Alto General Services Agreement 12 Rev. March 29, 2018
EXHIBIT A
SCOPE OF SERVICES
1. SERVICES
Task 1 – Street Cleaning Services
CONTRACTOR shall perform Street Cleaning Services, which includes cleaning of the City’s five parking garages (S & L, R, J, Q and Civic Center) , sidewalks, and alleyways in the Downtown Palo Alto area. These services shall be performed according to the att ached schedule (Attachment B) and shall be performed at a minimum by a two-person crew. The level of service provided shall include, but not be limited to, picking up litter, reducing trash from overflowing trash receptacles along University Avenue, reporting safety hazards such as raised sidewalks and lights that are out, and reporting cases of vandalism and graffiti.
CONTRACTOR shall be responsible for providing all training and equipment required to perform the tasks as specified in the contract, includi ng the appropriate training and Personal Protective Equipment (PPE) required for the collection of syringes (sharps). The CITY will provide sharp waste containers and dispose of those containers once filled. It is the responsibility of the CONTRACTOR to inform the Project Manager when sharp waste containers are full and need to be replaced and disposed. CONTRACTOR shall also, through the use of their employees, encourage other unhoused individuals to explore other options, and to explain all of the services that are available to unhoused individuals. CONTRACTOR shall send teams daily to Palo Alto City Hall to conduct outreach, pick up trash, and ensure that no individuals are violating Palo Alto City Policy 4-07/MGR – Conduct in City Facilities.
The Downtown Streets Team (DST) Project Manager shall also attend quarterly meetings with the City’s Project Manager when deemed necessary. CONTRACTOR shall provide a monthly report to Project Manager that reports data on the following:
• Number of homeless individuals found in each of the garages. • Total number of interactions with homeless individuals. • Number of homeless individuals who report that they do not want to engage in any services offered.
• And other pertinent information that conveys the barriers that unhoused individuals face in accessing, following up with and obtaining needed services. • Include a monthly success story regarding their team members.
When requested, the DST Project Manager shall also attend monthly meetings with the Palo Alto Downtown Business and Professional Association (PADBPA) to act as a liaison between the business owners who have a vested interest in the services being provided, City staff who manage the contract, and the Downtown Streets Team who runs the program. The DST Project Manager shall make a brief presentation at these monthly PADBPA meetings to relay what efforts have been undertaken since the last meeting.
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City of Palo Alto General Services Agreement 13 Rev. March 29, 2018
Task 2 (Additive Alternate Bid/Additional Services) – Car-Free Street Cleaning Services (Ramona Street and California Ave)
CONTRACTOR shall perform Street Cleaning Services in the Car-Free Streets portions of Ramona St (from Hamilton Ave to University Ave) in downtown, and California Ave (from El Camino Real to Birch St), plus a small portion of Ash Street (from Sherman Ave to California Ave) within the California Ave Business District. The level of services provided shall include, but not limited to, pic king up litter; removing leaves and debris from areas not accessible to street sweepers (such as near gutters or tight corners); rearranging and resetting City-owned outdoor furniture (such as small tables, foldable chairs, faux-carpeting, and game play areas); and ensuring furniture is upright and clean (include cleaning and/or wiping down tables and chairs); reducing trash from overflowing trash receptacles along the Car-free streets; reporting safety hazards such as raised sidewalks and lights that are out; and reporting cases of vandalism and graffiti.
CONTRACTOR shall be responsible for providing all training and equipment required to perform the tasks as specified in the contract, including the appropriate training and Personal Protective Equipment (PP E) required for the collection of syringes (sharps). The CITY will provide sharp waste containers and dispose of those containers once filled. It is the responsibility of the CONTRACTOR to inform the Project Manager when sharp waste containers are full and need to be replaced and disposed.
The CITY reserves the right and at its sole discretion, to reject, initiate, or cancel this additive alternate service at any time. The CITY will provide CONTRACTOR a minimum of two weeks advance notice prior to initiating or canceling these services.
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City of Palo Alto General Services Agreement 14 Rev. March 29, 2018
EXHIBIT B
SCHEDULE OF PERFORMANCE
CONTRACTOR shall not perform services in cases of inclement weather (as determined by City staff and the Downtown Streets Team Project Manager), or during observed City Holidays. The schedule and tasks can be modified during the term of the contract based on operational needs through a written mutual agreement between the CITY and the CONTRACTOR.
Task 1 – Street Cleaning Services Schedule:
DAY TIME ACTIVITIES
Monday 8-9 AM
9 -10 AM
10- 10:15 AM
10:15--11 AM
11-12 AM
12 PM
12-1 PM
1-2:30 PM
2:30-2:45 PM
2:45-4 PM
4 PM
Garage cleaning and outreach
Alleyways (Downtown North and South) Shift change
box
Break
University Ave
Downtown South/City Hall
Shift changes at box
Downtown North
Garage cleaning and outreach
Break
Garage cleaning and outreach
Dismissal at box
Tuesday 8-9 AM
9 -10 AM
10- 10:15 AM
10:15--11 AM
11-12 AM
12 PM
12-1 PM
1-2:30 PM
2:30-2:45 PM
2:45-4 PM
4 PM
Garage cleaning and outreach
Alleyways (Downtown North and South) Shift change
box
Break
University Ave
Downtown South/City Hall
Shift changes at box
Downtown North
Garage cleaning and outreach
Break
Garage cleaning and outreach
Dismissal at box
Wednesday 78-9 AM
9 -10 AM
10- 10:15 AM
10:15--11 AM
11-12 AM
12 PM
12-1 PM
1-2:30 PM
2:30-2:45 PM
2:45-4 PM
4 PM
Garage cleaning and outreach
Alleyways (Downtown North and South) Shift change
box
Break
University Ave
Downtown South/City Hall
Shift changes at box
Downtown North
Garage cleaning and outreach
Break
Garage cleaning and outreach
Dismissal at box
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City of Palo Alto General Services Agreement 15 Rev. March 29, 2018
Thursday 8-8:30 AM
8:30-9 AM
9-10 AM
11:15-1 PM
Garage cleaning and outreach
Downtown South/City Hall and Alleyways
Downtown North and University Ave Alleyways
Lead Meeting and Success Meeting
Friday 8-9 AM
9 -10 AM
10- 10:15 AM
10:15--11 AM
11-12 AM
12 PM
12-1 PM
1-2:30 PM
2:30-2:45 PM
2:45-4 PM
4 PM
Garage cleaning and outreach
Alleyways (Downtown North and South) Shift change
Break
University Ave
Downtown South/City Hall
Shift changes at box
Downtown North
Garage cleaning and outreach
Break
Garage cleaning and outreach
Dismissal at box
Saturday 9-10 AM
10-10:30 AM
10:30-11:30 AM
11:30-11:45 AM
11:45-1 PM
1 PM
Garage cleaning and outreach
Downtown South/City Hall/University Ave
Downtown North
Break
Garage cleaning and outreach
Dismissal at box
Sunday 9-10 AM
10-10:30 AM
10:30-11:30 AM
11:30-11:45 AM
11:45-1 PM
Garage cleaning and outreach
Downtown South/City Hall/University Ave
Downtown North
Break
Garage cleaning and outreach
Task 2 (Additive Alternate Bid/Additional Services) – Car-Free Street Cleaning Services (Ramona St and California Ave) Schedule:
DAY TIME ACTIVITIES
Monday 8-10AM Car-free street portion of California Ave (which includes Ash St) and Ramona St (Ramona St. could be done as part of Task 1 schedule).
Wednesday 8-10AM Car-free street portion of California Ave (which includes Ash St) and Ramona St (Ramona St. could be done as part of Task 1 schedule).
Friday 8-10AM Car-free street portion of California Ave (which includes Ash St) and Ramona St (Ramona St. could be done as part of Task 1 schedule).
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City of Palo Alto General Services Agreement 16 Rev. March 29, 2018
EXHIBIT C
SCHEDULE OF FEES
CONTRACTOR shall perform the tasks as described and budgeted below. City’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below, provided the total compensation for the Services does not exceed the amounts set forth in Sections 5 and 6 of the Agreement. Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY.
A. Base Bid :
Provide all labor, equipment, materials, transportation, applicable taxes, profit, insurance, bonds and other overhead to perform the Work in accordance with the Project Plans and Technical Specifications, herein:
CONTRACTOR shall provide detailed invoices that identify the tasks that were completed.
For example, see below:
• Quantity of trash that have been removed.
• Quantity of syringes (sharps) that have been removed. • Dates and locations that have been serviced (if above schedule is altered). • Number of individuals that are were on site each week.
BASE BID:
Year Description Price per month Price per year
1 Task 1
(Street Cleaning Services)
$9,760.17
$117,122.00
2 Task 1
(Street Cleaning Services)
$10,345.75
$124,149.00
3 Task 1
(Street Cleaning Services)
$10,931.33
$131,176.00
Sub-Total: $372,447.00
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City of Palo Alto General Services Agreement 17 Rev. March 29, 2018
B. Additive Alternate Bid 1 (Additional Services): Provide all labor, equipment, materials, transportation, applicable taxes, profit, insurance, bonds and other overhead to perform the Work in accordance with the Project Plans and Technical Specifications, herein:
The CITY reserves the right and at its sole discretion, to reject, initiate, or cancel this additive alternate service at any time. The CITY will provide CONTRACTOR a minimum of two weeks advance notice prior to initiating or canceling these services.
ADDITIVE ALTERNATE BID 1:
Year Description Price per month Price per year
1 Task 2
(Car-Free Street Cleaning Services
(Ramona St and California Ave)
$4,205.84
$50,470.12
2 Task 2
(Car-Free Street Cleaning Services
(Ramona St and California Ave))
$4,329.02
$51,948.22
3 Task 2
(Car-Free Street Cleaning Services
(Ramona St and California Ave))
$4,461.98
$53,543.75
Sub-Total: $155,962.09
Grand Total Base Bid and Additive Alternate Bid 1: $528,409.09
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City of Palo Alto General Services Agreement 18 Rev. March 29, 2018
EXHIBIT D
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM
OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR
HIGHER, LICE NSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
NO
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED : CONTRACTOR, AT
ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND
EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE
INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS”
A. PRIMARY COVERAGE
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WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE
POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIG HTS OF THE INSURED
AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY
REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-
PAYMENT OF PREMIUM, TH E ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND
CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: IT Department
Meeting Date: February 12, 2024
Report #:2309-2072
TITLE
Approval of Contract Amendments with AgreeYa Solutions, INC., Elegant Enterprise-Wide Solutions, INC., Forsys, INC., Object Technology Solutions, INC., Techlink Systems, INC., ZION Cloud Solutions, INC., and Inspyr Solutions, LLC., for IT On-Call Professional Services, to Increase the Combined Annual Not-To-Exceed Amount to $1,250,000 and a Contract Not-To-Exceed total of $3,940,000; CEQA Status - Not a Project.
RECOMMENDATION
Staff recommends that the Council approve and authorize the City Manager or designee to execute ’Amendment One’ of seven IT General On-Call Professional Services contracts to increase the annual combined not-to-exceed amount from $480,000 annually to $1,250,000 annually across all seven contracts for years 4-5. This brings the new contract not-to-exceed combined amount of all seven contracts to $3,940,000 over a five-year period, to provide department-specific projects and/or solutions. The seven contracts are with:
1) AgreeYa Solutions, INC., C20174582B;
2) Elegant Enterprise-Wide Solutions, INC., C20174582C; 3) Forsys INC., C20174582D;
4) Object Technology Solutions, INC., C20174582E;
5) Techlink Systems, INC., C20174582F;
6) Zion Cloud Solutions, INC., C20174583G; and
7) Inspyr Solutions, LLC, C20174582H (formerly Genuent Global, LLC)
BACKGROUND
In July 2019, staff issued a Request for Proposal (RFP) to identify several qualified firms to provide IT on-call professional services on an as-needed basis to help with day-to-day enhancements, projects, backfills, break fixes, and modernization.
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The City Council previously approved these seven contracts for five-years on June 22, 2020, CMR 11360 1.
The time-limited, on-call project support services that staff typically seeks for IT as needed services include, but are not limited, to:
• SharePoint implementation and development projects (building and maintaining) •SharePoint Sites for City departments
• Application software development projects
• System architecture, design, and solution projects
• Cybersecurity projects
• Enterprise data governance projects
• Disaster recovery and business continuity projects (emergency preparedness)
ANALYSIS
The IT Department has had several requests from other departments for temporary on-call contractors to help with specific specialized projects. Such requests include data entry specialists for the Clerk’s Office and the Police Department as well as for Business Intelligence (BI) developers for the Planning Department and Utilities Department. The demand to utilize these contracts from other City departments is continuing to increase. Having the flexibility for staff to use these competitively bid contracts has allowed IT, in partnership with other departments, to quickly review consultant qualifications, onboard them, and have them complete these specialized projects. Without increasing the not-to-exceed amount for these contracts, staff would not be able to complete both IT specific project requests that require temporary on-call resources, but also other City department requests.
Increasing the not-to-exceed amount does not necessarily mean that staff will spend the full amount. The City does not guarantee any minimum quantity of work or compensation with any of these consultants during the contract period.
FISCAL/RESOURCE IMPACT
The FY 2024 Adopted Operating Budget for the Information Technology Department has $380,000 budgeted in the Technology Fund for these on-call contracts annually. Other City departments who leverage these contracts will be using their departmental budget to fund their projects.
Year 1-3 combined Not-To-Exceed: $480,000 annually ($1,440,000).
Year 4-5 combined Not-To-Exceed: $1,250,000 annually ($2,500,000). 1CMR 11360; https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager- reports-cmrs/year-archive/2020/id-11360.pdf
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New combined Years 1-5 contract Not-To-Exceed Total: $3,940,000.
Funding for subsequent contract years will be subject to approval through the annual budget development process. The IT Department is funded by an internal service fund. Approximately 40% of the department is General Fund funded with the remaining 60% funded by enterprise and special revenue funds.
STAKEHOLDER ENGAGEMENT
The services are coordinated with internal stakeholders and the service providers.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because these contracts are for ongoing maintenance activities of the City’s virtual infrastructure and will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(2) and (5).
ATTACHMENTS
Attachment A: C20174582B-H_Amendment 1_IT On-Call Professional Services APPROVED BY:
Darren Numoto, Chief Information Officer
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Vers.: Aug. 5, 2019