CITY COUNCIL
Special Meeting
Monday, October 28, 2024
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED (Time Estimates Updated) Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. 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
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. 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.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
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
SPECIAL ORDERS OF THE DAY (5:30 ‐ 6:35 PM)
1. Interview Candidates for Vacancy on the Parks and Recreation Commission. CEQA Status – Not a project. Late Packet Report Added
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:35 ‐ 7:05 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.
Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:05 ‐ 7:10 PM) Members of the public may not speak to the item(s).
STUDY SESSION (7:10 ‐ 8:10 PM)
2. Nonprofit Relationships Study Session
CONSENT CALENDAR (8:10 ‐ 8:15 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
3. Approval of the Acceptance of State of California Citizens Options for Public Safety (COPS) Funds of $204,005 and a Budget Amendment in the Supplemental Law Enforcement Services Fund (2/3 vote required) for front‐line law enforcement expenses; CEQA status – not a project.
4. Approval of Construction Contract Number C25191007 with Tennyson Electric, LLC. in the amount of $453,300 and Authorization of the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that may Develop During the Project Up to a Not‐To‐Exceed Amount of $45,330 for the Quarry Road Traffic Signals and Intelligent Transportation Services (ITS) improvement project; CEQA status – Categorically Exempt (CEQA Guidelines Section 15301).
5. Approval of Construction Contract Number C25192135 with Anderson Pacific Engineering Construction, Inc. in the Amount Not‐to‐Exceed $6,215,000; Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders up to a Not‐to‐ Exceed Amount of $621,500 for Related, Additional but Unforeseen Work Which May Develop During the Project; Approval of Amendment Number 5 to Contract C21176592C with Carollo Engineers, Inc. in the Amount of $1,314,192 for a New Compensation Not‐to‐ Exceed Amount of $14,695,384 for the Wastewater Treatment Fund for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 2 Project at the Regional Water Quality Control Plant, Funded by the Plant Repair, Retrofit, and Equipment Replacement Project (WQ‐19002); CEQA Status – Exempt Under Section 15301
6. Approval of Professional Services Contract Number C25190936 with WRA, Inc. in the Amount of $908,806 for the Design and Monitoring of the Arastradero Creek Permanent Restoration Project – Design Phase in the Pearson‐Arastradero Preserve in the City of Palo Alto for a Period of 3 Years; CEQA status ‐ Not a project.
7. Adoption of Revised Management and Professional Compensation Plan and Revised Salary Schedules for Management and Professional and the Service Employees International Association Local 521 in Alignment with Position Changes in the FY 2025 Adopted Budget; CEQA Status ‐ not a project
8. Approval of Amendment No. 1 to Contract Number C21181420 with West Coast Arborists, Inc. for Tree Pruning and Removal Services in the Amount of $3,011,228, for a New Total Not‐to‐Exceed Amount of $6,776,608, and Extend the Term by Two Years; CEQA Status – Exempt per Section 15301(h) (maintenance of existing landscape)
9. Approval of First Amendment to Lease Agreement and Third Amendment to Tenant Work Letter between the City of Palo Alto and the Palo Alto History Museum for the Roth Building at 300 Homer Avenue; CEQA Status‐‐Not a Project.
10. Approval of Amendment No. 2 to Contract Number C23184827 with Nomad Transit, LLC (Via) in the Amount of $1,200,000 for a total not to exceed $3,801,500 to Continue the City of Palo Alto On‐Demand Transit Service through June 2025; Approve a Cost Sharing Agreement with Stanford Research Park to Partially Fund the Service up to $600,000; and Adopt an Ordinance Amending the FY 2025 Municipal Fee Schedule to Increase Fares; CEQA status – not a project.
CITY MANAGER COMMENTS (8:15 ‐ 8:30 PM)
BREAK (15 MINUTES)
ACTION ITEMS (8:45 ‐ 9:30 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
11. Adopt a Resolution Establishing the City Council Annual Calendar of Meetings, Recesses and City Council Events for the Calendar Year 2025; CEQA status – not a project
CLOSED SESSION (9:30 ‐ 10:30 PM)
AA1. CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATION Subject: Claims pursuant to Public Contract Code 9204 related to construction of the Public Safety Building from Pacific Structures, Inc.; Swinerton Builders, CCI Construction, Inc.; Walters & Wolf, WSA, Helix Construction Company; BMC; Sandis; and Northern Services, Inc. Authority:
Government Code Section 54956.9(d)(2) New Item Added
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.
12. 2024 Council Priorities and Objectives Q3 Report
OTHER INFORMATION
Standing Committee Meetings this week
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
1. Supplemental Report ‐ Interview Candidates for a Vacancy on the Parks and Recreation Commission. CEQA Status ‐ Not a project.
AA1. CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATION Subject: Claims pursuant to Public Contract Code 9204 related to construction of the Public Safety Building from Pacific Structures, Inc.; Swinerton Builders, CCI Construction, Inc.; Walters & Wolf, WSA, Helix Construction Company; BMC; Sandis; and Northern Services, Inc. Authority:
Government Code Section 54956.9(d)(2) 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 for agendized items 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 for agendized items 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.
California Government Code §84308 , commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments.
1 October 28, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Special Meeting
Monday, October 28, 2024
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED (Time Estimates Updated) Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. 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
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. 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.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
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
SPECIAL ORDERS OF THE DAY (5:30 ‐ 6:35 PM)
1. Interview Candidates for Vacancy on the Parks and Recreation Commission. CEQA Status – Not a project. Late Packet Report Added
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:35 ‐ 7:05 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.
Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:05 ‐ 7:10 PM) Members of the public may not speak to the item(s).
STUDY SESSION (7:10 ‐ 8:10 PM)
2. Nonprofit Relationships Study Session
CONSENT CALENDAR (8:10 ‐ 8:15 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
3. Approval of the Acceptance of State of California Citizens Options for Public Safety (COPS) Funds of $204,005 and a Budget Amendment in the Supplemental Law Enforcement Services Fund (2/3 vote required) for front‐line law enforcement expenses; CEQA status – not a project.
4. Approval of Construction Contract Number C25191007 with Tennyson Electric, LLC. in the amount of $453,300 and Authorization of the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that may Develop During the Project Up to a Not‐To‐Exceed Amount of $45,330 for the Quarry Road Traffic Signals and Intelligent Transportation Services (ITS) improvement project; CEQA status – Categorically Exempt (CEQA Guidelines Section 15301).
5. Approval of Construction Contract Number C25192135 with Anderson Pacific Engineering Construction, Inc. in the Amount Not‐to‐Exceed $6,215,000; Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders up to a Not‐to‐ Exceed Amount of $621,500 for Related, Additional but Unforeseen Work Which May Develop During the Project; Approval of Amendment Number 5 to Contract C21176592C with Carollo Engineers, Inc. in the Amount of $1,314,192 for a New Compensation Not‐to‐ Exceed Amount of $14,695,384 for the Wastewater Treatment Fund for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 2 Project at the Regional Water Quality Control Plant, Funded by the Plant Repair, Retrofit, and Equipment Replacement Project (WQ‐19002); CEQA Status – Exempt Under Section 15301
6. Approval of Professional Services Contract Number C25190936 with WRA, Inc. in the Amount of $908,806 for the Design and Monitoring of the Arastradero Creek Permanent Restoration Project – Design Phase in the Pearson‐Arastradero Preserve in the City of Palo Alto for a Period of 3 Years; CEQA status ‐ Not a project.
7. Adoption of Revised Management and Professional Compensation Plan and Revised Salary Schedules for Management and Professional and the Service Employees International Association Local 521 in Alignment with Position Changes in the FY 2025 Adopted Budget; CEQA Status ‐ not a project
8. Approval of Amendment No. 1 to Contract Number C21181420 with West Coast Arborists, Inc. for Tree Pruning and Removal Services in the Amount of $3,011,228, for a New Total Not‐to‐Exceed Amount of $6,776,608, and Extend the Term by Two Years; CEQA Status – Exempt per Section 15301(h) (maintenance of existing landscape)
9. Approval of First Amendment to Lease Agreement and Third Amendment to Tenant Work Letter between the City of Palo Alto and the Palo Alto History Museum for the Roth Building at 300 Homer Avenue; CEQA Status‐‐Not a Project.
10. Approval of Amendment No. 2 to Contract Number C23184827 with Nomad Transit, LLC (Via) in the Amount of $1,200,000 for a total not to exceed $3,801,500 to Continue the City of Palo Alto On‐Demand Transit Service through June 2025; Approve a Cost Sharing Agreement with Stanford Research Park to Partially Fund the Service up to $600,000; and Adopt an Ordinance Amending the FY 2025 Municipal Fee Schedule to Increase Fares; CEQA status – not a project.
CITY MANAGER COMMENTS (8:15 ‐ 8:30 PM)
BREAK (15 MINUTES)
ACTION ITEMS (8:45 ‐ 9:30 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
11. Adopt a Resolution Establishing the City Council Annual Calendar of Meetings, Recesses and City Council Events for the Calendar Year 2025; CEQA status – not a project
CLOSED SESSION (9:30 ‐ 10:30 PM)
AA1. CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATION Subject: Claims pursuant to Public Contract Code 9204 related to construction of the Public Safety Building from Pacific Structures, Inc.; Swinerton Builders, CCI Construction, Inc.; Walters & Wolf, WSA, Helix Construction Company; BMC; Sandis; and Northern Services, Inc. Authority:
Government Code Section 54956.9(d)(2) New Item Added
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.
12. 2024 Council Priorities and Objectives Q3 Report
OTHER INFORMATION
Standing Committee Meetings this week
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
1. Supplemental Report ‐ Interview Candidates for a Vacancy on the Parks and Recreation Commission. CEQA Status ‐ Not a project.
AA1. CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATION Subject: Claims pursuant to Public Contract Code 9204 related to construction of the Public Safety Building from Pacific Structures, Inc.; Swinerton Builders, CCI Construction, Inc.; Walters & Wolf, WSA, Helix Construction Company; BMC; Sandis; and Northern Services, Inc. Authority:
Government Code Section 54956.9(d)(2) 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 for agendized items 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 for agendized items 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.
California Government Code §84308 , commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments.
2 October 28, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Special Meeting
Monday, October 28, 2024
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED (Time Estimates Updated) Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. 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
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. 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.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
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
SPECIAL ORDERS OF THE DAY (5:30 ‐ 6:35 PM)
1. Interview Candidates for Vacancy on the Parks and Recreation Commission. CEQA Status – Not a project. Late Packet Report Added
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:35 ‐ 7:05 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.
Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:05 ‐ 7:10 PM) Members of the public may not speak to the item(s).
STUDY SESSION (7:10 ‐ 8:10 PM)
2. Nonprofit Relationships Study Session
CONSENT CALENDAR (8:10 ‐ 8:15 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
3. Approval of the Acceptance of State of California Citizens Options for Public Safety (COPS) Funds of $204,005 and a Budget Amendment in the Supplemental Law Enforcement Services Fund (2/3 vote required) for front‐line law enforcement expenses; CEQA status – not a project.
4. Approval of Construction Contract Number C25191007 with Tennyson Electric, LLC. in the amount of $453,300 and Authorization of the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that may Develop During the Project Up to a Not‐To‐Exceed Amount of $45,330 for the Quarry Road Traffic Signals and Intelligent Transportation Services (ITS) improvement project; CEQA status – Categorically Exempt (CEQA Guidelines Section 15301).
5. Approval of Construction Contract Number C25192135 with Anderson Pacific Engineering Construction, Inc. in the Amount Not‐to‐Exceed $6,215,000; Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders up to a Not‐to‐ Exceed Amount of $621,500 for Related, Additional but Unforeseen Work Which May Develop During the Project; Approval of Amendment Number 5 to Contract C21176592C with Carollo Engineers, Inc. in the Amount of $1,314,192 for a New Compensation Not‐to‐ Exceed Amount of $14,695,384 for the Wastewater Treatment Fund for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 2 Project at the Regional Water Quality Control Plant, Funded by the Plant Repair, Retrofit, and Equipment Replacement Project (WQ‐19002); CEQA Status – Exempt Under Section 15301
6. Approval of Professional Services Contract Number C25190936 with WRA, Inc. in the Amount of $908,806 for the Design and Monitoring of the Arastradero Creek Permanent Restoration Project – Design Phase in the Pearson‐Arastradero Preserve in the City of Palo Alto for a Period of 3 Years; CEQA status ‐ Not a project.
7. Adoption of Revised Management and Professional Compensation Plan and Revised Salary Schedules for Management and Professional and the Service Employees International Association Local 521 in Alignment with Position Changes in the FY 2025 Adopted Budget; CEQA Status ‐ not a project
8. Approval of Amendment No. 1 to Contract Number C21181420 with West Coast Arborists, Inc. for Tree Pruning and Removal Services in the Amount of $3,011,228, for a New Total Not‐to‐Exceed Amount of $6,776,608, and Extend the Term by Two Years; CEQA Status – Exempt per Section 15301(h) (maintenance of existing landscape)
9. Approval of First Amendment to Lease Agreement and Third Amendment to Tenant Work Letter between the City of Palo Alto and the Palo Alto History Museum for the Roth Building at 300 Homer Avenue; CEQA Status‐‐Not a Project.
10. Approval of Amendment No. 2 to Contract Number C23184827 with Nomad Transit, LLC (Via) in the Amount of $1,200,000 for a total not to exceed $3,801,500 to Continue the City of Palo Alto On‐Demand Transit Service through June 2025; Approve a Cost Sharing Agreement with Stanford Research Park to Partially Fund the Service up to $600,000; and Adopt an Ordinance Amending the FY 2025 Municipal Fee Schedule to Increase Fares; CEQA status – not a project.
CITY MANAGER COMMENTS (8:15 ‐ 8:30 PM)
BREAK (15 MINUTES)
ACTION ITEMS (8:45 ‐ 9:30 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
11. Adopt a Resolution Establishing the City Council Annual Calendar of Meetings, Recesses and City Council Events for the Calendar Year 2025; CEQA status – not a project
CLOSED SESSION (9:30 ‐ 10:30 PM)
AA1. CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATION Subject: Claims pursuant to Public Contract Code 9204 related to construction of the Public Safety Building from Pacific Structures, Inc.; Swinerton Builders, CCI Construction, Inc.; Walters & Wolf, WSA, Helix Construction Company; BMC; Sandis; and Northern Services, Inc. Authority:
Government Code Section 54956.9(d)(2) New Item Added
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.
12. 2024 Council Priorities and Objectives Q3 Report
OTHER INFORMATION
Standing Committee Meetings this week
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
1. Supplemental Report ‐ Interview Candidates for a Vacancy on the Parks and Recreation Commission. CEQA Status ‐ Not a project.
AA1. CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATION Subject: Claims pursuant to Public Contract Code 9204 related to construction of the Public Safety Building from Pacific Structures, Inc.; Swinerton Builders, CCI Construction, Inc.; Walters & Wolf, WSA, Helix Construction Company; BMC; Sandis; and Northern Services, Inc. Authority:
Government Code Section 54956.9(d)(2) 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 for agendized items 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 for agendized items 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.
California Government Code §84308 , commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments.
3 October 28, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Special Meeting
Monday, October 28, 2024
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED (Time Estimates Updated) Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. 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
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. 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.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
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
SPECIAL ORDERS OF THE DAY (5:30 ‐ 6:35 PM)
1. Interview Candidates for Vacancy on the Parks and Recreation Commission. CEQA Status – Not a project. Late Packet Report Added
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:35 ‐ 7:05 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.
Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:05 ‐ 7:10 PM) Members of the public may not speak to the item(s).
STUDY SESSION (7:10 ‐ 8:10 PM)
2. Nonprofit Relationships Study Session
CONSENT CALENDAR (8:10 ‐ 8:15 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
3. Approval of the Acceptance of State of California Citizens Options for Public Safety (COPS) Funds of $204,005 and a Budget Amendment in the Supplemental Law Enforcement Services Fund (2/3 vote required) for front‐line law enforcement expenses; CEQA status – not a project.
4. Approval of Construction Contract Number C25191007 with Tennyson Electric, LLC. in the amount of $453,300 and Authorization of the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that may Develop During the Project Up to a Not‐To‐Exceed Amount of $45,330 for the Quarry Road Traffic Signals and Intelligent Transportation Services (ITS) improvement project; CEQA status – Categorically Exempt (CEQA Guidelines Section 15301).
5. Approval of Construction Contract Number C25192135 with Anderson Pacific Engineering Construction, Inc. in the Amount Not‐to‐Exceed $6,215,000; Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders up to a Not‐to‐ Exceed Amount of $621,500 for Related, Additional but Unforeseen Work Which May Develop During the Project; Approval of Amendment Number 5 to Contract C21176592C with Carollo Engineers, Inc. in the Amount of $1,314,192 for a New Compensation Not‐to‐ Exceed Amount of $14,695,384 for the Wastewater Treatment Fund for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 2 Project at the Regional Water Quality Control Plant, Funded by the Plant Repair, Retrofit, and Equipment Replacement Project (WQ‐19002); CEQA Status – Exempt Under Section 15301
6. Approval of Professional Services Contract Number C25190936 with WRA, Inc. in the Amount of $908,806 for the Design and Monitoring of the Arastradero Creek Permanent Restoration Project – Design Phase in the Pearson‐Arastradero Preserve in the City of Palo Alto for a Period of 3 Years; CEQA status ‐ Not a project.
7. Adoption of Revised Management and Professional Compensation Plan and Revised Salary Schedules for Management and Professional and the Service Employees International Association Local 521 in Alignment with Position Changes in the FY 2025 Adopted Budget; CEQA Status ‐ not a project
8. Approval of Amendment No. 1 to Contract Number C21181420 with West Coast Arborists, Inc. for Tree Pruning and Removal Services in the Amount of $3,011,228, for a New Total Not‐to‐Exceed Amount of $6,776,608, and Extend the Term by Two Years; CEQA Status – Exempt per Section 15301(h) (maintenance of existing landscape)
9. Approval of First Amendment to Lease Agreement and Third Amendment to Tenant Work Letter between the City of Palo Alto and the Palo Alto History Museum for the Roth Building at 300 Homer Avenue; CEQA Status‐‐Not a Project.
10. Approval of Amendment No. 2 to Contract Number C23184827 with Nomad Transit, LLC (Via) in the Amount of $1,200,000 for a total not to exceed $3,801,500 to Continue the City of Palo Alto On‐Demand Transit Service through June 2025; Approve a Cost Sharing Agreement with Stanford Research Park to Partially Fund the Service up to $600,000; and Adopt an Ordinance Amending the FY 2025 Municipal Fee Schedule to Increase Fares; CEQA status – not a project.
CITY MANAGER COMMENTS (8:15 ‐ 8:30 PM)
BREAK (15 MINUTES)
ACTION ITEMS (8:45 ‐ 9:30 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
11. Adopt a Resolution Establishing the City Council Annual Calendar of Meetings, Recesses and City Council Events for the Calendar Year 2025; CEQA status – not a project
CLOSED SESSION (9:30 ‐ 10:30 PM)
AA1. CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATION Subject: Claims pursuant to Public Contract Code 9204 related to construction of the Public Safety Building from Pacific Structures, Inc.; Swinerton Builders, CCI Construction, Inc.; Walters & Wolf, WSA, Helix Construction Company; BMC; Sandis; and Northern Services, Inc. Authority:
Government Code Section 54956.9(d)(2) New Item Added
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.
12. 2024 Council Priorities and Objectives Q3 Report
OTHER INFORMATION
Standing Committee Meetings this week
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
1. Supplemental Report ‐ Interview Candidates for a Vacancy on the Parks and Recreation Commission. CEQA Status ‐ Not a project.
AA1. CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATION Subject: Claims pursuant to Public Contract Code 9204 related to construction of the Public Safety Building from Pacific Structures, Inc.; Swinerton Builders, CCI Construction, Inc.; Walters & Wolf, WSA, Helix Construction Company; BMC; Sandis; and Northern Services, Inc. Authority:
Government Code Section 54956.9(d)(2) 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 for agendized items 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 for agendized items 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.
California Government Code §84308 , commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments.
4 October 28, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Special Meeting
Monday, October 28, 2024
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED (Time Estimates Updated) Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. 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
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. 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.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
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
SPECIAL ORDERS OF THE DAY (5:30 ‐ 6:35 PM)
1. Interview Candidates for Vacancy on the Parks and Recreation Commission. CEQA Status – Not a project. Late Packet Report Added
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:35 ‐ 7:05 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.
Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:05 ‐ 7:10 PM) Members of the public may not speak to the item(s).
STUDY SESSION (7:10 ‐ 8:10 PM)
2. Nonprofit Relationships Study Session
CONSENT CALENDAR (8:10 ‐ 8:15 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
3. Approval of the Acceptance of State of California Citizens Options for Public Safety (COPS) Funds of $204,005 and a Budget Amendment in the Supplemental Law Enforcement Services Fund (2/3 vote required) for front‐line law enforcement expenses; CEQA status – not a project.
4. Approval of Construction Contract Number C25191007 with Tennyson Electric, LLC. in the amount of $453,300 and Authorization of the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that may Develop During the Project Up to a Not‐To‐Exceed Amount of $45,330 for the Quarry Road Traffic Signals and Intelligent Transportation Services (ITS) improvement project; CEQA status – Categorically Exempt (CEQA Guidelines Section 15301).
5. Approval of Construction Contract Number C25192135 with Anderson Pacific Engineering Construction, Inc. in the Amount Not‐to‐Exceed $6,215,000; Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders up to a Not‐to‐ Exceed Amount of $621,500 for Related, Additional but Unforeseen Work Which May Develop During the Project; Approval of Amendment Number 5 to Contract C21176592C with Carollo Engineers, Inc. in the Amount of $1,314,192 for a New Compensation Not‐to‐ Exceed Amount of $14,695,384 for the Wastewater Treatment Fund for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 2 Project at the Regional Water Quality Control Plant, Funded by the Plant Repair, Retrofit, and Equipment Replacement Project (WQ‐19002); CEQA Status – Exempt Under Section 15301
6. Approval of Professional Services Contract Number C25190936 with WRA, Inc. in the Amount of $908,806 for the Design and Monitoring of the Arastradero Creek Permanent Restoration Project – Design Phase in the Pearson‐Arastradero Preserve in the City of Palo Alto for a Period of 3 Years; CEQA status ‐ Not a project.
7. Adoption of Revised Management and Professional Compensation Plan and Revised Salary Schedules for Management and Professional and the Service Employees International Association Local 521 in Alignment with Position Changes in the FY 2025 Adopted Budget; CEQA Status ‐ not a project
8. Approval of Amendment No. 1 to Contract Number C21181420 with West Coast Arborists, Inc. for Tree Pruning and Removal Services in the Amount of $3,011,228, for a New Total Not‐to‐Exceed Amount of $6,776,608, and Extend the Term by Two Years; CEQA Status – Exempt per Section 15301(h) (maintenance of existing landscape)
9. Approval of First Amendment to Lease Agreement and Third Amendment to Tenant Work Letter between the City of Palo Alto and the Palo Alto History Museum for the Roth Building at 300 Homer Avenue; CEQA Status‐‐Not a Project.
10. Approval of Amendment No. 2 to Contract Number C23184827 with Nomad Transit, LLC (Via) in the Amount of $1,200,000 for a total not to exceed $3,801,500 to Continue the City of Palo Alto On‐Demand Transit Service through June 2025; Approve a Cost Sharing Agreement with Stanford Research Park to Partially Fund the Service up to $600,000; and Adopt an Ordinance Amending the FY 2025 Municipal Fee Schedule to Increase Fares; CEQA status – not a project.
CITY MANAGER COMMENTS (8:15 ‐ 8:30 PM)
BREAK (15 MINUTES)
ACTION ITEMS (8:45 ‐ 9:30 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
11. Adopt a Resolution Establishing the City Council Annual Calendar of Meetings, Recesses and City Council Events for the Calendar Year 2025; CEQA status – not a project
CLOSED SESSION (9:30 ‐ 10:30 PM)
AA1. CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATION Subject: Claims pursuant to Public Contract Code 9204 related to construction of the Public Safety Building from Pacific Structures, Inc.; Swinerton Builders, CCI Construction, Inc.; Walters & Wolf, WSA, Helix Construction Company; BMC; Sandis; and Northern Services, Inc. Authority:
Government Code Section 54956.9(d)(2) New Item Added
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.
12. 2024 Council Priorities and Objectives Q3 Report
OTHER INFORMATION
Standing Committee Meetings this week
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
1. Supplemental Report ‐ Interview Candidates for a Vacancy on the Parks and Recreation Commission. CEQA Status ‐ Not a project.
AA1. CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATION Subject: Claims pursuant to Public Contract Code 9204 related to construction of the Public Safety Building from Pacific Structures, Inc.; Swinerton Builders, CCI Construction, Inc.; Walters & Wolf, WSA, Helix Construction Company; BMC; Sandis; and Northern Services, Inc. Authority:
Government Code Section 54956.9(d)(2) 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 for agendized items 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 for agendized items 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.
California Government Code §84308 , commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments.
5 October 28, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
CITY COUNCIL
Special Meeting
Monday, October 28, 2024
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED (Time Estimates Updated) Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. 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
General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.
Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. 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.
Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
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
SPECIAL ORDERS OF THE DAY (5:30 ‐ 6:35 PM)
1. Interview Candidates for Vacancy on the Parks and Recreation Commission. CEQA Status – Not a project. Late Packet Report Added
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:35 ‐ 7:05 PM)
Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.
Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:05 ‐ 7:10 PM) Members of the public may not speak to the item(s).
STUDY SESSION (7:10 ‐ 8:10 PM)
2. Nonprofit Relationships Study Session
CONSENT CALENDAR (8:10 ‐ 8:15 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
3. Approval of the Acceptance of State of California Citizens Options for Public Safety (COPS) Funds of $204,005 and a Budget Amendment in the Supplemental Law Enforcement Services Fund (2/3 vote required) for front‐line law enforcement expenses; CEQA status – not a project.
4. Approval of Construction Contract Number C25191007 with Tennyson Electric, LLC. in the amount of $453,300 and Authorization of the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that may Develop During the Project Up to a Not‐To‐Exceed Amount of $45,330 for the Quarry Road Traffic Signals and Intelligent Transportation Services (ITS) improvement project; CEQA status – Categorically Exempt (CEQA Guidelines Section 15301).
5. Approval of Construction Contract Number C25192135 with Anderson Pacific Engineering Construction, Inc. in the Amount Not‐to‐Exceed $6,215,000; Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders up to a Not‐to‐ Exceed Amount of $621,500 for Related, Additional but Unforeseen Work Which May Develop During the Project; Approval of Amendment Number 5 to Contract C21176592C with Carollo Engineers, Inc. in the Amount of $1,314,192 for a New Compensation Not‐to‐ Exceed Amount of $14,695,384 for the Wastewater Treatment Fund for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 2 Project at the Regional Water Quality Control Plant, Funded by the Plant Repair, Retrofit, and Equipment Replacement Project (WQ‐19002); CEQA Status – Exempt Under Section 15301
6. Approval of Professional Services Contract Number C25190936 with WRA, Inc. in the Amount of $908,806 for the Design and Monitoring of the Arastradero Creek Permanent Restoration Project – Design Phase in the Pearson‐Arastradero Preserve in the City of Palo Alto for a Period of 3 Years; CEQA status ‐ Not a project.
7. Adoption of Revised Management and Professional Compensation Plan and Revised Salary Schedules for Management and Professional and the Service Employees International Association Local 521 in Alignment with Position Changes in the FY 2025 Adopted Budget; CEQA Status ‐ not a project
8. Approval of Amendment No. 1 to Contract Number C21181420 with West Coast Arborists, Inc. for Tree Pruning and Removal Services in the Amount of $3,011,228, for a New Total Not‐to‐Exceed Amount of $6,776,608, and Extend the Term by Two Years; CEQA Status – Exempt per Section 15301(h) (maintenance of existing landscape)
9. Approval of First Amendment to Lease Agreement and Third Amendment to Tenant Work Letter between the City of Palo Alto and the Palo Alto History Museum for the Roth Building at 300 Homer Avenue; CEQA Status‐‐Not a Project.
10. Approval of Amendment No. 2 to Contract Number C23184827 with Nomad Transit, LLC (Via) in the Amount of $1,200,000 for a total not to exceed $3,801,500 to Continue the City of Palo Alto On‐Demand Transit Service through June 2025; Approve a Cost Sharing Agreement with Stanford Research Park to Partially Fund the Service up to $600,000; and Adopt an Ordinance Amending the FY 2025 Municipal Fee Schedule to Increase Fares; CEQA status – not a project.
CITY MANAGER COMMENTS (8:15 ‐ 8:30 PM)
BREAK (15 MINUTES)
ACTION ITEMS (8:45 ‐ 9:30 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.
11. Adopt a Resolution Establishing the City Council Annual Calendar of Meetings, Recesses and City Council Events for the Calendar Year 2025; CEQA status – not a project
CLOSED SESSION (9:30 ‐ 10:30 PM)
AA1. CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATION Subject: Claims pursuant to Public Contract Code 9204 related to construction of the Public Safety Building from Pacific Structures, Inc.; Swinerton Builders, CCI Construction, Inc.; Walters & Wolf, WSA, Helix Construction Company; BMC; Sandis; and Northern Services, Inc. Authority:
Government Code Section 54956.9(d)(2) New Item Added
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.
12. 2024 Council Priorities and Objectives Q3 Report
OTHER INFORMATION
Standing Committee Meetings this week
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
1. Supplemental Report ‐ Interview Candidates for a Vacancy on the Parks and Recreation Commission. CEQA Status ‐ Not a project.
AA1. CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATION Subject: Claims pursuant to Public Contract Code 9204 related to construction of the Public Safety Building from Pacific Structures, Inc.; Swinerton Builders, CCI Construction, Inc.; Walters & Wolf, WSA, Helix Construction Company; BMC; Sandis; and Northern Services, Inc. Authority:
Government Code Section 54956.9(d)(2) New Item Added
PUBLIC COMMENT INSTRUCTIONS
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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 for agendized items 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.
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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 for agendized items 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.
California Government Code §84308 , commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments.
6 October 28, 2024
Materials submitted after distribution of the agenda packet are available for public inspection at
www.CityofPaloAlto.org/agendas
.
City Council
Staff Report
Report Type: SPECIAL ORDERS OF THE DAY
Lead Department: City Clerk
Meeting Date: October 28, 2024
Report #:2409-3432
TITLE
Interview Candidates for Vacancy on the Parks and Recreation Commission. CEQA Status – Not a project.
RECOMMENDATION
The City Council will provide direction at the October 21, 2024 City Council meeting on candidates to interview for current vacancy on the Parks and Recreation Commission. Staff will schedule interviews with selected candidates for the October 28, 2024 City Council meeting.
The schedule of interviews for October 28, 2024 will be available in a late packet distribution on October 24, 2024.
BACKGROUND
Commissioner Joy Oche resigned for the Parks and Recreation Commission effective August 23, 2024. As such, the current vacancy staff is requesting to be filled is:
•One (1) position on the Parks and Recreation Commission, to fill a partial term expiring March 31, 2026.
APPROVED BY:
Mahealani Ah Yun
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City Council
Staff Report
From: City Manager
Report Type: Study Session
Lead Department: City Manager
Meeting Date: October 28, 2024
Report #:2311-2309
TITLE
Nonprofit Relationships Study Session
RECOMMENDATION
Council to receive a report and provide feedback on a framework for strengthening the City’s practices in nonprofit relationship engagement, funding, support, and evaluation, informed by 2022 Nonprofit Audit insights and recommendations.
BACKGROUND
In June 2022 the Policy and Services Committee received a report from the City Auditor focused on identifying risks related to nonprofit agreements and provided corresponding recommendations for improvement.1 Key recommendations included defining clear service level expectations and performance management and evaluation on all nonprofit and lease agreements, as well as quantifying non-monetary support to determine appropriate compensation for nonprofits’ use of City-owned properties. Recommendations are summarized in Attachment A.
Through various agreements, the City engages with nonprofit organizations that support community needs and Council priorities. Agreements may be in the form of grants, professional or general services contracts or facility lease agreements. The City has an administrative policy on public-private partnerships that addresses some types of non-profit engagements, but the policy is neither comprehensive nor fully up to date with current City programs and practices.
Guided by the audit recommendations, this study session seeks feedback from the Council on an approach to review and improve the City’s programs for nonprofit support that is paired with 1 June 14, 2022 Policy and Services Committee Meeting:
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appropriate expectations, on both sides, for accountability measures that reflect the variety of relationships.
ANALYSIS
The City of Palo Alto provides high quality community services and programs to its residents through its many libraries, parks, community facilities, recreation programs, art and cultural centers, with special consideration for its vulnerable populations such as seniors, children, and people with disabilities. The City also relies on other public agencies and nonprofit partnerships to deliver community services that provide a public benefit, which would otherwise be more expensive or highly specialized for the City to offer. A table with current nonprofit service and lease agreements are included in Attachment B and C.
Over the years, the paths through which nonprofit relationships have been formed and managed has varied given evolving community needs, organizational opportunities, Council priorities, and changes in City policies and processes. This has resulted in inconsistencies in the approach and management of nonprofit partnerships, such as the examples highlighted in the Nonprofit Audit Report. The audit findings provide an opportunity to refine this approach by establishing a framework based on overarching guiding principles and decision-making.
As a method for considering and rationalizing the wide variety of City nonprofit support relationships and to organize decision-making going forward, staff has developed a conceptual framework to discretely describe and discuss how partnerships are developed and implemented.
Our proposed discussion framework consists of a sequence of steps, including:
•Principles – the fundamental goals and values that guide the establishment and pursuit of partnerships;
•Practices – the policies and protocols, such as the use of Requests for Proposals, through which principles are implemented; and,
•Products – the visible methods, such as defined funding programs and administrative policies, through which the principles and practices are implemented and communicated to nonprofit partners and the community at large.
In concept, this sequence of Principles, Practices, and Products can be used to ensure that the City’s approach to pursuing prospective partnerships, decision-making, and administrative implementation are clear and consistent with their intended outcomes. This report provides a first attempt at applying this conceptual framework to reviewing our current partnerships and identifying areas for improvement that will guide decision-making into the future.
The following graphic illustrates the proposed approach for this review:
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As a starting point for Council consideration, staff has reviewed prior actions and prepared a first draft set of principles that we believe reflect the City’s fundamental interests in establishing nonprofit partnerships. At the study session, staff will seek Council feedback on whether these Principles accurately reflect the City’s interests or should be revised or supplemented.
Principles Guiding Non-Profit Partnerships:
1.Impact-oriented focus and accountability- Partnerships will identify intended outcomes and prioritize unmet needs, and incorporate appropriate measures and reporting, while reflecting the nature of the engagements and avoiding unnecessary administrative processes.
2.Service alignment- Programs and services should align with the Council's priorities and identified community needs.
3.Fairness and open access- The City will maintain visibility and consistency in its partnership processes, to both the nonprofit community and public at large.
4.Equity and inclusion- Resource allocations will consider and prioritize accessibility of the resulting services to all community members, with particular attention to underserved and vulnerable populations.
5.Flexibility for special circumstances- The City Council will need the ability to act quickly when needed to respond to special circumstances.
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While the Principles above are simply a draft, the following paragraphs provide examples of how the Principles can then be carried through our Practices and Products. As evident through the points that follow, identification of the City’s core Principles is an important first step.
Principle 1: Impact oriented focus and accountability- Partnerships will identify intended outcomes and prioritize unmet needs, and incorporate appropriate measures and reporting, while reflecting the nature of the engagements and avoiding unnecessary administrative processes.
The City ensures that the responsibilities of all parties reflect the nature of the engagement by promoting financial stewardship, managing risks to sustainability, and establishing measurable goals and oversight to maintain the effectiveness and accountability of nonprofit partnerships.
Related Practices
A. The significance of a partnership to both parties will be reflected in the City’s engagement on issues such as organizational and fiscal management
A. Where needed to manage risk of the relationship and service delivery, the City may support resources for nonprofit training and organizational development B. Where possible, City funding should not be the primary source of a nonprofit’s budget.
Where a major funder, the City may be involved in the nonprofit’s governance C. All agreements should include appropriate measurable goals and key performance indicators
D. Policies should include guidelines for underperformance and corrective actions E. The City’s responsibilities in agreements should be clear and achievable to avoid noncompliance
Related Products
1. HSRAP and CDBG grants already require regular financial reporting. Depending on significance to the nonprofit’s budget, other grants may also require ongoing and annual financial reports
2. Funding criteria states that City funding is leveraged and not significant source of organization’s budget
3. Consider designating a Council liaison to organizations where the City is a major funder
4. All grant program, direct grants, service, and lease agreements will include appropriate measurable goals and key performance indicators
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Principle 2: Service alignment- Programs and services should align with the Council priorities and identified community needs
The City ensures that programs and services are aligned with Council priorities and evolving community needs by regularly evaluating organizations and making funding decisions based on their potential impact and capacity to deliver services.
Related Practices
A. Regularly evaluate current needs of the community, as well as services and organizations meeting these needs
B. Funding decision are made based on alignment with Council priorities, potential for impact, and the nonprofit’s capacity to deliver services Related Products
1. A Human Services Needs Assessment is currently conducted to update funding criteria and priorities for HSRAP. Other needs assessments should be considered in order to inform other grant activities
2. The City may explicitly consider Council priorities, community surveys and needs assessments prior to making new funding decisions
Principle 3: Fairness and open access- The City will maintain visibility and consistency in its partnership processes, to both the nonprofit community and public at large.
The City is committed to maintaining transparency and equity in its partnership processes, ensuring clear communication, equitable access to resources, and consistent application of subsidies based on public benefit.
Related Practices
A. Periodically review overall nonprofit funding, as a precursor to new decisions B. Prior to significant funding decisions, broadly communicate the availability of funding C. When providing financial support, clearly communicate goals and expectations for how funding will be used
D. Below-market rental of City facilities will be visible to all and periodically revisited E. Subsidies will be consistently applied and based on public benefit received F. Periodically review overall grant programs, direct funding, and below-market leases to ensure alignment with current goals, and direct program-level adjustments as appropriate
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Related Products
1. Develop a publicly-available summary and calendar of nonprofit funding opportunities
2. Annually report overall nonprofit funding and lease subsidies
3. Agreements with nonprofits for ongoing direct funding (outside of grant programs) will reflect a periodic review, in order to ensure continued alignment in the context of other available service providers
Principle 4: Equity and inclusion- Resource allocations will consider and prioritize accessibility of the resulting services to all community members, with particular attention to underserved and vulnerable populations.
The City is dedicated to ensuring that services and resources are accessible to all community members, especially underserved and vulnerable populations, by upholding high standards of transparency in decision-making, fostering inclusive practices, and engaging the community in continuous improvement efforts.
Related Practices
A. Maintain high standards of transparency in decision-making and award process B. Where appropriate, include boards and commissions in the review process C. Consider specific conflict of interest polices for disclosure of relationships with nonprofit applicants
D. Solicit feedback after each funding cycle to identify areas for improvement and increase responsiveness to community needs
Related Products
1. The HSRAP program will continue the Human Relations Commission’s role in making grant recommendations and presentation to the City Council
2. Consider requiring by policy that significant direct funding decisions be reviewed by applicable board or commission
Principle 5: Flexibility for special circumstances- Council has the discretion to consider special circumstances
Staff anticipates that the Council will want to retain the discretion to address special circumstances, whether unusual opportunities to take advantage of investments by others, time- critical needs, or others. This principle would be achieved by establishing clear procedures for Item 2
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awarding agreements or grants outside of standard processes and developing policies to manage one-off requests.
Related Practices
A. Identify circumstances and procedures through which agreements and/or grants are awarded outside of the established processes
B. Requests that fall outside these circumstances would require more extensive review Related Products
1. Develop a policy for managing one-off requests
2. Create a Council emerging needs earmark within its contingency fund Staff would like the City Council to provide feedback on the overall guiding principles and structure in this report. Noting that additional funding strategies within each category could be defined. For example, Council may create a funding program for special events. Following Council discussion and feedback, staff will recommend appropriate policy adjustments and develop new processes and procedures as appropriate for Council consideration and where appropriate, adoption. Staff will also develop a stakeholder outreach strategy to inform and receive feedback from our nonprofit partners.
FISCAL/RESOURCE IMPACT
No additional resources are required to support the discussion outlined in this report; however, depending on Council feedback, additional resources may be required to support the planned Nonprofit Relationship review as well as any policy or management and oversight changes that may result. Departments that manage a significant amount of service agreements and nonprofits leases, such as the Community Services and Administrative Services Departments may be most affected. Follow-up work required may also impact resources, such as revising existing agreements and any related work such as appraisal services to determine market values.
STAKEHOLDER ENGAGEMENT
Following the City Council’s initial review and feedback, the City will engage with stakeholders especially the nonprofit community. Staff anticipates using this engagement to inform recommendations that would then return to Council.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by the California Environmental Quality Act (CEQA). CEQA Guidelines section 15378(b)(2).
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ATTACHMENTS
Attachment A: Summary of 2022 Nonprofit Agreement Audit Recommendations Attachment B: FY 2025 Nonprofit Service Agreements Over $10K Attachment C: FY 2025 Nonprofit Lease Agreements
APPROVED BY:
Ed Shikada, City Manager
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ATTACHMENT A
Summary of 2022 Nonprofit Agreement Risk
Management Review Audit Recommendations
# Audit Recommendations Summary
Nonprofit Service Agreements
1. Agreements should define service level expectations: goals, performance measures, and reporting.
Higher-risk agreements should have greater performance and reporting expectations.
2. High-risk agreements should be appropriately resourced and closely managed.
Underperformance should be discussed early and corrective actions should be taken to improve performance.
3. City’s responsibilities in the agreement should be achievable to avoid noncompliance.
4. City should track and evaluate City /nonprofit performance and address risk of continuing or discontinuing the relationship.
City should maintain a list of all nonprofit agreements and periodically report to Council on performance.
Nonprofit Lease Agreements
1. Lease agreements with significantly reduced rent amounts should include performance and reporting requirements for services being provided on the premise.
High-risk agreements should assign a project manager to monitor performance.
The actual benefit to the City should serve as a basis for reduction of rent amount when lease agreements are renewed.
2. Analyze non-monetary support should be analyzed based on the ASD estimated fair market rental value
+
Analyze non-monetary benefits to be provided by nonprofit =
to determine the appropriate compensation or their use of the City-owned properties.
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ATTACHMENT B
Nonprofit Service Agreements of $10K or More, as of FY 2025 FY24
Contract
Amount
Current Contract
Start DATE
Contract End Total Contract Responsible
DepartmentNo. Nonprofit Organization Name Purpose HSRAP Lease*Date Amount HSRAP ‐ Disability services. Provides
advocacy, inclusion, and
independence for people with
developmental disabilities and their
families
Community Services
/Human Services1 AbilityPath 7/1/2023 6/30/2025 $150,474 $69,988 X X
No
HSRAP ‐ Employment opportunities
for adults with developmental
disabilities.
Irrigation, maintenance, and
reporting
Community Services
/Human Services2
3 Ada's Cafe 7/1/2023 6/30/2025
3/14/2027
$123,500 $57,442
$30,000
No
NoActerra now Grassroots 3/14/2024 $30,000/yr Public Works HSRAP ‐ Services to lesbian, gay,
bisexual, transgender, queer and
questioning (LGBTQQ) youth and
their straight allies
Community Services
/Human Services4
5 Adolescent Counseling Services ‐ Outlet 7/1/2023
7/1/2023
6/30/2025
6/30/2025
$107,500
$16,050
$50,000
$7,465
X No
No
HSRAP ‐ Adolescent substance
addiction treatment program for
Middle and High School students
Adolescent Counseling Services ‐ ASAT
Program
Community Services
/Human Services X
X
HSRAP ‐ Various program for low‐
income youth and seniorsAlta Housing (formerly Palo Alto Housing Corp)
Community Services
/Human Services6
7 8
9 7/1/2023
7/1/2020
12/7/2020
6/1/2024
6/30/2025
6/30/2025
6/30/2025
4/30/2025
$94,009
$2,687,018
$1,344,270
$22,500
$43,725
$570,453
$188,275
$22,500
No
Yes
No
No
Senior programs (formerly part of
HSRAP)Community Services
/Human ServicesAvenidas
Urban forestry professional services,
outreach, and educationCanopy Public Works
Fire
Assist Fire Department in developing
community‐driven 5‐Year Strategic
Plan
Center for Public Safety Excellence, Inc.
HSRAP ‐Provide transportation to
access in‐person therapy, basic food
needs, and clinician recommended
therapy supplies for families with
children ages 5‐22 with Medi‐Cal
Community Services
/Human Services10 Children's Health Council 7/1/2023 6/30/2025 $16,665 $7,751 X No Item 2
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ATTACHMENT B
FY24
Contract
Amount
Current Contract
Start DATE
Contract End Total Contract Responsible
DepartmentNo. Nonprofit Organization Name Purpose HSRAP Lease*Date Amount Workforce Development Program.
Provide comprehensive support
services for homeless/ unemployed
to secure employment
Planning &
Development
Services/CDBG
11 Downtown Streets 5/24/2023
1/12/2024
7/1/2023
6/30/2024 $168,340 $168,340
$176,136
$38,473
No
Consists of 1) street cleaning services
for the City’s five parking garages,
sidewalks, and alleyways in the
Downtown Palo Alto area funded by
University Avenue Parking Permit
Fund ($107,748/yr)
12 Downtown Streets Team 1/11/2027
6/30/2025
$528,409
$82,717
Public Works No
No
HSRAP ‐ Services to the homeless,
including job skills training, work
Community Services experience, and food for low‐income13 Downtown Streets Team X X
/Human Services individuals through the Palo Alto
Food Closet
HSRAP ‐ Tutoring for low income
middle school studentsCommunity Services
/Human Services14 DreamCatchers 7/1/2023
9/3/2018
6/30/2025 $118,800
$70,000
$55,256
$70,000
No
No
Empowerment Institute assist City
with advancement of community
engagement block program15 Empowerment Institute 12/31/2021 City Manager Ambassador Program at Foothills
Nature Preserve
Habitat Restoration at Pearson
Arastradero Preserve
16 Environmental Volunteers
17 Grassroots Ecology
18 Grassroots Ecology
19 Grassroots Ecology
9/30/2024
7/1/2024
10/1/2023
3/15/2024
6/30/2025
6/30/2029
9/30/2028
3/14/2027
$10,580
612,027
529,459
$90,000
$10,580
$115,475
$102,329
$90,000
Community Services
Community Services
Community Services
No
No
No
No
Habitat restoration at Foothills
Nature Preserve
School outreach and creek
monitoring
PWD‐Watershed
Protection
HSRAP ‐ Meals on Wheels; fully‐
prepared mealsdelivered to
vulnerable seniors
Community
Services/Human
Services
20 Health Trust 7/1/2023
7/1/2023
6/30/2025
6/30/2025
$46,440
$86,950
$21,600
$40,442
X
X
No
No
HSRAP ‐ Winter shelter for women
experiencing homelessnessCommunity Services
/Human Services21 Heart & Home Collaborative
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ATTACHMENT B
FY24
Contract
Amount
Current Contract
Start DATE
Contract End Total Contract Responsible
DepartmentNo. Nonprofit Organization Name Purpose HSRAP Lease*Date Amount Shelter staffing for the Overnight
Warming Location (OWL)Community Services
/Human Services22 Heart & Home Collaborative 1/1/2024 5/30/2024 $24,500 $24,500 No HSRAP ‐ Grief supportCommunity Services
/Human Services23 Kara
24 Kara
7/1/2023
7/1/2024
6/30/2025
6/30/2027
$60,200
$24,900
$28,000
$8,300
X
X
No
No
CISM Peer Support and Training
Fire
HSRAP ‐ Distribution of education and
essential item packages, and
participation in a nature equity
education camp for low‐income
families living in RVs
Community Services
/Human Services25 Karat School Project 7/1/2023 6/30/2025 $29,031 $13,503 No HSRAP ‐ Nutrition program for
persons 60 years of age or older.Community Services
/Human Services26 La Comida
27 LifeMoves
28 LifeMoves
7/1/2023
7/1/2023
7/1/2023
6/30/2025
6/30/2025
6/30/2025
$129,000
$199,720
$460,000
$60,000
$92,893
$230,000
X
X
No
No
No
HSRAP ‐ Food services for homeless
and very low‐income Palo Alto
residents
Community Services
/Human Services
Homeless Outreach Services programCommunity Services
/Human Services
Opportunity Services Center. Provide
comprehensive, one‐stop, multi‐
service day drop‐in center for critical
homeless services
Planning &
Development
Services/CDBG
29 LifeMoves 7/1/2023
7/1/2024
6/30/2024
6/30/2025
$23,636 $23,636 No
No
Provide adaptive programming for
Community Serivces people of all abilities.Magical Bridge Foundataion $150,000 HSRAP ‐ Health services for low
income, uninsured Palo Alto residentsRavenswood Family Health Center (MayView Clinic)
Community Services
/Human Services30 7/1/2019
7/1/2020
6/30/2025
6/30/2023
$161,250
$800,000
$75,000 X No
NoCablecasting, production and
streaming services31 MidPen Media Center $160,000 Administrative Services Item 2
Attachment B - FY 2025 Nonprofit
Service Agreements Over $10K
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ATTACHMENT B
FY24
Contract
Amount
Current Contract
Start DATE
Contract End Total Contract Responsible
DepartmentNo. Nonprofit Organization Name Purpose HSRAP Lease*Date Amount Neighbors Abroad provides
administrative support to help with
website communications, social
media, finance and other admin
responsibilities in relation to the
City's (8) Sister Cities
32 Neighbors Abroad 9/30/2019 12/31/2021 $30,000 $30,000 City Manager No Management of City's childcare
subsidy program (formerly part of
HSRAP)
Management of the City’s archives
and facilitate public access to
information and materials relating to
City history
Community Services
/Human Services33 Palo Alto Community Child Care 7/1/2020 7/1/2024
6/30/2025
6/30/2025
$2,721,488
$43,000
$577,207
$43,000
Yes
No34 Palo Alto Historical Association (PAHA) Library
SRO Resident Support. Provide in‐
house SRO Service Coordinator for
support counseling, employment
assistance and crisis intervention
Planning &
Development
Services/CDBG
Alta Housing (formerly Palo Alto Housing
Corp)35 7/1/2023 6/30/2024 $14,000 $14,000 No
Alta Housing (formerly Palo Alto Housing
Corp)
Administration of the Below Market
Rate program.36
37 5/19/2023
7/1/2023
6/30/2025
6/30/2026
$356,556 $178,278
$242,000
Planning No
No
Based on
annual budget
submitted
Serving as Transportation
Management Association for Palo
Alto
Palo Alto Transportation Management
Association Transportation
to Council
Operating and Management
38 Pets In Need 4/1/2024
7/1/2023
3/31/2029
6/30/2025
7,373,516
$27,982
$1,370,000 Community Services Agreement to operate the Animal Shelter
No
No
HSRAP ‐ On‐site support services for
Parents and Advocates of Remarkable
Children and Adults (PARCA)
Community Services developmentally disabled adults living39 $13,015 X X
/Human Services in a residential program
HSRAP ‐ Provide basic needs through
community‐based services that target
Community Services the immediate health needs of hard40 Peninsula Healthcare Connection 7/1/2023 6/30/2025 $83,332 $38,759 No/Human Services to reach individuals experiencing homelessness.
Item 2
Attachment B - FY 2025 Nonprofit
Service Agreements Over $10K
Item 2: Staff Report
Pg.
13 Packet Pg. 20 of 378
ATTACHMENT B
FY24
Contract
Amount
Current Contract
Start DATE
Contract End Total Contract Responsible
DepartmentNo. Nonprofit Organization Name Purpose HSRAP Lease Yes
Date Amount
Resource provider for youth and teen
mental health
Landlord‐Tenant Mediation Program
(formerly part of HSRAP)
41 Project Safety Net
42 Project Sentinel
9/1/2020
7/1/2024
6/30/2025 $521,604 $100,000 Community Services
Community Services
/Human Services6/30/2027 $238,947 $79,649 No
Fair Housing Services. Provide fair
housing services including complaint
investigation, counseling, advocacy
and community education
Planning &
Development
Services/CDBG
43 Project Sentinel 7/1/2023 6/30/2024 $18,000 $18,000 No HSRAP ‐ Legal Assistance to Elders44 Senior Adults League Assistance (SALA) 45 Silicon Valley Independent Living Center
46 Catholic Charities of Santa Clara
7/1/2023
7/1/2020
7/1/2023
6/30/2025
6/30/2021
6/30/2024
$44,075
$16,500
$10,000
$20,500
$16,500
$10,000
Services/Human X No
No
No
Housing and Emergency Services.
Assist low‐income individuals and
families in search for affordable,
accessible housing
Planning &
Development
Services/CDBG
Administration of the long‐term care
ombudsman programDevelopment
Prevent overdose‐related deaths in
the city from the use of controlled
substances by delivering harm
reduction materials to individuals
who are homeless or who are at risk
of homeless and from referrals
Planning &
Development
Services/CDBG
47 Peninsula Healthcare Connection 7/1/2023
7/1/2023
6/30/2024
6/30/2024
$10,000
$73,585
$10,000
$73,585
No
No
Create safe and healthy homes in
Palo Alto allowing the most
vulnerable homeowners, especially
lower income households, seniors,
and those with disabilities to remain
in homes and communities
Planning &
Development
Services/CDBG
48 Rebuilding Together Peninsula
Medical oversight for ambulance
transport services
Facility agreements for use of Lucie
Stern Theatre and payment of ticket
surcharge to City ($4/ticket sold)
49 Stanford Hospital and Clinics 2/6/2020
7/1/2021
2/5/2022 $45,000
$50,000
$15,000
$50,000
Fire No
NoTheatre Partner Agreements (West Bay50 6/30/2024 Community ServicesOpera, Palo Alto Players, TheatreWorks) Item 2
Attachment B - FY 2025 Nonprofit
Service Agreements Over $10K
Item 2: Staff Report
Pg.
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ATTACHMENT B
FY24
Contract
Amount
Current Contract
Start DATE
Contract End Total Contract Responsible
DepartmentNo. Nonprofit Organization Name Purpose HSRAP Lease*Date Amount HSRAP ‐ Empowers individuals who
are blind or visually impared to
embrace life through evaluation,
counceling, education and training
Community
Services/Human
Services
Vista Center for the Blind or Visually
Impaired51 7/1/2023
7/1/2023
6/30/2025 $101,499 $47,209
$42,000
X No
HSRAP ‐ Youth well‐being and
leadership program services through
community service projects
Community
Services/Human
Services
52 Youth Community Services
53 YMCA of Silicon Valley
6/30/2025 $93,300 X
X
No
HSRAP ‐ Senior fitness programming
and financial assistance for senior
memberships
Community
Services/Human
Services
7/1/2023
7/1/2024
6/30/2025
6/30/2025
$21,500
$50,000
$10,000
$50,000
No
No
Youth Community Services (Youth
54 Connectedness Community Services Funding for the Youth Connectedness /Human Services InitiativeInitiative)
*Identified nonprofit organizations with a lease agreement.
Item 2
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Service Agreements Over $10K
Item 2: Staff Report
Pg.
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ATTACHMENT C
Nonprofit Lease Agreements as of FY 2025
A
Separate
Service
Agreement
Total Space
Leased
in Sq. Ft.
B
Current Lease
Terms (Yrs)
Lease End
Date*
Annual Rent
(7/1/2024)No. Organization/Tenant Location Non‐monetary public benefits Development and operation of a public
garden center to provide horticultural
classes and library, demonstration
gardens, etc.
Lease Start Date
The Elizabeth Gamble
Gardens
Gamble
Property
31‐Aug‐ 31‐Aug‐1 No 51
50 100,188 $
$
‐
‐
1987 2038
Upgrade, maintain, and operate a
public ice skating facility and ancillary
services
26‐Jan‐
19902
3 Community Skating, Inc.
Dance Action
Winter Lodge No
No
1‐Jan‐ 2040 162,479
3,130
Office, dance studio, instruction and
rehearsal uses 31‐Dec‐Cubberley
Cubberley
Cubberley
Cubberley
Cubberley
Month to Month 1‐Jan‐ 2005
1‐Jan‐ 2005
1‐Jan‐ 2005
1‐Aug‐ 2005
1‐Oct‐ 2016
$
$
$
$
$
63,9652009
Office, dance studio, instruction and
rehearsal uses 31‐Dec‐4
5 6
7 Hua Kuang Reading Room
Zohar 2006
No
No
No
No
Month to Month
Month to Month
Month to Month
Month to Month
672
3,740
8,772
720
13,942
78,560
39,167
18,647
2009
Office, dance studio, instruction and
rehearsal uses 31‐Dec‐
2009
Office and child care uses
The Children's Pre‐School
Center
31‐Jul‐
2009
Provide office and meeting space
31‐Dec‐California Pop Orchestra 2019
Item 2
Attachment C - FY 2025 Nonprofit
Lease Agreements
Item 2: Staff Report
Pg.
16 Packet Pg. 23 of 378
ATTACHMENT C
A
Separate
Service
Agreement
Total Space
Leased
in Sq. Ft.
B
Current Lease
Terms (Yrs)
Lease End
Date*
Annual Rent
(7/1/2024)No. Organization/Tenant Location Non‐monetary public benefits Provide education to 9th through 12th
grades
Lease Start Date
31‐Dec‐8 Living Wisdom School Cubberley No Month to Month 1‐Oct‐ 2016 1,320 $ 34,1912019 Provide office and rehabilitation
services for stroke survivors
31‐Dec‐9 Ability Path Cubberley No Month to Month 1‐Oct‐ 2016 3,000 $ 29,7112019 Provide office and meeting space
Provide office and meeting space
31‐Dec‐10 Brainvyne Cubberley
Cubberley
Cubberley
No
No
No
Month to Month
Month to Month
Month to Month
1‐Nov‐ 2016
1‐Nov‐ 2016
1‐Dec‐ 2016
720
954
$
$
$
18,647
24,714
30,717
2019
31‐Dec‐11 Palo Alto Soccer Club
12 Dance Magic
2019
Provide dance studio for dance
education and performing arts 31‐Dec‐ 1,0082019
Provide multicultural and multilingual
programing; Education and Instruction 31‐Dec‐13 Minority TV Cubberley Airport
No
No
Month to Month 1‐Jan‐ 2017
1‐Jul‐ 2017
1,685
3,227
$
$
17,9702017
Operate a flight
training and ground school; Provide 30‐Jun‐
202214 West Valley Flying Club 5 259,735
Item 2
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Lease Agreements
Item 2: Staff Report
Pg.
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ATTACHMENT C
A
Separate
Service
Agreement
Total Space
Leased
in Sq. Ft.
B
Current Lease
Terms (Yrs)
Lease End
Date*
Annual Rent
(7/1/2024)No. Organization/Tenant Location Non‐monetary public benefits Provide administrative services for all
field program invention, advocacy, and
education
Lease Start Date
15‐Jul‐
2020
14‐Jul‐
202515 Palo Alto Humane Society Cubberley No Month to Month 400 $ 5,746 A
Separate
Service
Agreement
Total Space
Leased
in Sq. Ft.
B
Current Lease
Terms (Years) Lease Start Date
Lease End
Date*
Annual Rent
(7/1/2024)No. Organization/Tenant Location
Airport
Non‐monetary public benefits
Operate a flight training and ground
school; Provide commercial
Aeronautical Activities (flight training,
aircraft rental, facilitation
20‐May‐16 Stanford Flying Club No Month to Month N/A 530 $ 26,9822021 8‐Dec‐ 1978
1‐Jan‐ 2016
thereof)
Provide a beneficial service to the youth
and communityThe Stanford Area Council
Boy Scouts of America17 Lucie Stern No
No
50 10
7‐Dec‐ 2028 2,246 $ ‐
Offer memberships, classes,
recreational activitiesPalo Alto
Lawn Bowls
31‐Dec‐18 Palo Alto Lawn Bowls Club 70,000 $
$
15,1282025
Operate a historical museum and a park
open to publicMuseum of American
Heritage
Williams
property
30‐Apr‐
204319 No 25
40 1‐May‐ 2017 6,565
8,733
1 1
Perform the project by developing and
operating a facility to house EV's offices
and programs and to provide various
educational and
Sea Scout
Base
23‐Oct‐
2008
22‐Oct‐
204820 Environment al Volunteers Yes $
training programs
Item 2
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Lease Agreements
Item 2: Staff Report
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ATTACHMENT C
A
Separate
Service
Agreement
Total Space
Leased
in Sq. Ft.
B
Current Lease
Terms (Yrs)
Lease End
Date*
Annual Rent
(7/1/2024)No. Organization/Tenant Location Non‐monetary public benefits Rent is waived in consideration of
SUBLESSEE's
Lease Start Date
continued book and other Library sales
which benefit and provide funds for
Palo Alto Public
Friends of Palo Alto Library
(Ground Lease 2009)21 Cubberley Yes
Yes
Month to Month
Month to Month
9‐Dec‐ 2009 8‐Dec‐ 2014
9‐Dec‐ 2015
5,000 $
$
‐
‐
Libraries
Rent is waived in consideration of
LESSEE's continued book and other
Library sales and LESSEE's mission to
provide funds for CityFriends of Palo Alto Library
(Ground Lease 2010)
10‐Dec‐22 Cubberley 5,0002010Libraries
Space for book storage,office space and
book and other Library related salesFriends of Palo Alto Library (2012)
31‐Dec‐23
24 Cubberley
Cubberley
Yes
Yes
Month to Month
Month to Month
6‐Nov‐ 2012
1‐Feb‐ 2017
2,496
345
$
$
24,8302014
Space for book storage,office space and
book and other Library related salesFriends of Palo Alto Library (2017)
31‐Dec‐ 3,3302019
Provide support services to
organizations and individuals dedicated
to youth wellbeing and suicide
prevention.
26‐Oct‐
2020
25‐Oct‐
202525 PROJECT SAFETY NET Cubberley
Downtown
Yes
Yes
Month to Month 469 $
$
1 Provide support services to older adults
and their caregivers; a broad range of
activities and services responsive to the
interest and needs of26 Avenidas 50 1‐Jan‐ 2015 1‐Jan‐ 2065 17,400 1 senior citizens
Item 2
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Lease Agreements
Item 2: Staff Report
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ATTACHMENT C
A
Separate
Service
Agreement
Total Space
Leased
in Sq. Ft.
B
Current Lease
Terms (Yrs)
Lease End
Date*
Annual Rent
(7/1/2024)No. Organization/Tenant Location Non‐monetary public benefits Provide support services to older adults
and their caregivers
Lease Start Date
27 Avenidas H‐ 5 Cubberley Yes
Yes
Yes
Month to Month 7‐Jul‐ 2020 6‐Jul‐ 2025
31‐Aug‐27
1,395 $
$
23,963
17,950
‐
Administration
PA Alto support for benefits of providing quality
theater work for the
residents
28 Players‐ Peninsula Center Lucie Stern
Ventura
3 1‐Jul‐ 2015
1‐Jul‐ 2016
500
Stage
Provide child care related uses, services
and activitiesPalo Alto Community Child
Care
30‐Jun‐
202829
30 31
Month to Month 21,000 $
Provide child care related uses, services
and activities
Palo Alto Community Child
Care
College
Terrace
31‐Dec‐Yes
Yes
Month to Month 1‐Jul‐ 2016
1‐Jul‐23
2,000 $ ‐2028
Provide child care related uses, services
and activitiesPalo Alto Community Child
Care PAUSD 2 25‐Jul‐25 15,240 $ 86,126
Habitat restoration and maintenance
services to and operating a native plant
nursery
32 Acterra Foothills Park
Lucie Stern
No
No
5 3
1‐Sep‐05
1‐Apr‐11
21‐Aug‐21
14‐Mar‐14
23,087
8,472
$
$
‐
‐
Provide for Girl Scout and certain other
public activitiesGirl Scouts of Northern33 California
Item 2
Attachment C - FY 2025 Nonprofit
Lease Agreements
Item 2: Staff Report
Pg.
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ATTACHMENT C
A
Separate
Service
Agreement
Total Space
Leased
in Sq. Ft.
B
Current Lease
Terms (Yrs)
Lease End
Date*
Annual Rent
(7/1/2024)No. Organization/Tenant Location Non‐monetary public benefits Construction and operation of Project
HomeKey, an 88‐unit emergency
temporary housing shelter
Lease Start Date
34 LifeMoves LATP Yes 9 1‐Jul‐23 30‐Jun‐32 59,242 $ 1
Renovate the Roth Building and operate
a historic museum
35 Palo Alto History Museum
Ada's Café
Roth Building
Mitchell Park
Cubberley
No
Yes
No
40 12‐Dec‐22
6‐Dec‐19
1‐Oct‐16
31‐Dec‐62
5‐Dec‐24
31‐Dec‐19
17,784 $ 1
6,180
8,455
Employment opportunities for adults
with developmental disabilities36 5 578 $
Classes, programs, and services for
participants having cardiovascular
disease and other medically‐related
conditions
37 HeartFit for Life Month to Month 2,146 $
* Under the Holding Over provision, an expired lease continues on a month‐to‐month basis subject to all terms and conditions of the expired lease until the parties execute a written extension to the lease or lessee surrenders the property.
Item 2
Attachment C - FY 2025 Nonprofit
Lease Agreements
Item 2: Staff Report
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Police
Meeting Date: October 28, 2024
Report #:2408-3392
TITLE
Approval of the Acceptance of State of California Citizens Options for Public Safety (COPS) Funds of $204,005 and a Budget Amendment in the Supplemental Law Enforcement Services Fund (2/3 vote required) for front-line law enforcement expenses; CEQA status – not a project.
RECOMMENDATION
Staff recommends that the City Council:
1. Approve the acceptance of annual Citizens Options for Public Safety (COPS) funds from State of California, totaling $204,005; and
2. Amend the Fiscal Year 2025 Budget Appropriation (requires 2/3 approval) for the Supplemental Law Enforcement Services (SLES) Fund by:
a. Increasing the estimate for revenue from the State of California by $204,005; b. Increasing Police Department expense appropriation for Supplies and Materials by $52,000; for Facilities and Equipment by $135,000; for Contract Services by $80,000; and
c. Decreasing the ending fund balance by $62,995.
EXECUTIVE SUMMARY
Staff recommends that the City Council approve the acceptance of the annual State of California COPS FY 2025 funds, totaling $204,005 and amend the budget appropriation in the SLES Fund to spend the revenues. Staff also recommends appropriating unspent funding from previous years of $62,995. This funding went into the fund balance at the close of the previous fiscal years to be used for other eligible expenses. In total, $267,000 is recommended for supplies and materials, noncapitalized tools, and programs and services related to front-line law enforcement.
BACKGROUND
Every year since 1997, the State of California, by statute, allocates designated funds to counties, which pass funding through to cities, through a Citizens Options for Public Safety (COPS) program. This ongoing program is apportioned by a State statute and the level of funding is relative to the population as determined by the California Department of Finance. This funding Item 3
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is not related to the Federal Government Department of Justice “COPS” program with the same acronym.
State law provides for four main requirements as written in Government Code sections 30025- 30029.12 and 30051-30063: 1) Each recipient (County and a City) is required to deposit the revenue into a separate fund so the funds are not co-mingled with the General Fund (Sec. 30063); and 2) the money shall be used for front line law enforcement services or municipal police services (Sec. 30061(c)(2)); and transfer to other funds is allowed provided it is to facilitate the use according to the code (Sec. 30063); and 4) the funds shall not supplant the city budget (Sec. 30062(a)). Previous uses of COPS funds have included restarting the Community Service Officer (CSO) program, electronic traffic citation system, equipment upgrades, safety equipment, police training, staff wellness testing, police recruiting, upgrades to patrol vehicles, and upgraded tools and technology, all benefiting front line law enforcement services or municipal police services for the City of Palo Alto.
According to State staff, the source of funding is vehicle license fees. Specific allocations are directed by the Department of Finance, in accordance with the Government Code, while the distributions are made by the State Controller’s Office. There are two parts to the distribution:
A. A semi-permanent component based on a minimum funding level for the program, paid monthly and;
B. A growth component for funds (referred to as Growth Fund) in excess of the minimum base, paid one-time the following year after reconciliation.
Staff identified excess fund balance in this SLES fund in FY 2022 and is working to determine appropriate needs and uses for public safety services. Fund balance has accumulated due to higher than estimated revenues from a change in State law that increased funding and because projects or programs previously identified did not require the funding set-aside or did not materialize. Most of those previously planned expenses were for non-mandatory training and recruiting which did not occur due to insufficient backfill staffing to support these while maintaining necessary minimum staffing levels for daily service delivery. The most recent fund balance, $659,000, can be found in the FY 2023 Annual Comprehensive Financial Report1 and an electronic copy of the auditor report on the City’s website2. 1 City Council, January 16, 2024; Agenda Item #5, SR # 2311-2230 https://portal.laserfiche.com/Portal/DocView.aspx?id=70171&repo=r-704298fc&searchid=c8cf50fc-03e6-49b4- b78a-5f5b713a30cf
2 City of Palo Alto FY 2022-2023 Annual Comprehensive Financial Reporting beginning on pg 113 https://www.cityofpaloalto.org/files/assets/public/v/1/administrative-services/city-budgets/fy-2023-city- budget/fy-2023-annual-comprehensive-financial-report.pdf Item 3
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ANALYSIS
The City recently received the annual notice of COPS funding, for distribution in Fiscal Year 2024-2025, of $104,9693). Further, the Growth Fund portion (distribution B above) was reported and funded $99,0364.
Staff recommends use of this year’s expected COPS funds, along with a portion of the existing fund balance, for a total amount of $267,000 ($204,005 in revenue and $62,995 in existing fund balance), in the following manner(s) which are
compliant with the law. All expenses below are
estimated.
Wellness and Training
The Department currently uses a manual
system for tracking progress in background
investigations of potential police officers and
training of existing police officers. This will
fund management software for tracking
progression as well as alerting to due dates,
deadlines, and updated policy.
To expand the Wellness Program the
department seeks professional services for
ongoing Peer Support team training and acute
mental health support and diffusing of critical incidents for staff.
The Department purchased updated handguns with last years COPS allocation. This year the purchase of training handguns of the same type for use in training settings is recommended.
Use of these tools, which fire only non-lethal marking rounds, mitigates the danger inherent in using actual handguns in training settings, and the training handguns will be compatible with current holsters.
Safety Equipment
In recent years, COPS funds provided for the upgrade of certain tools such as respirator masks, body worn cameras, and conductive energy weapons (often referred to by the brand name ”Taser”). Additional funding is recommended to augment the previous purchase of conductive energy weapons as more officers have been hired since the last update and replacement of broken tools. In alignment with law enforcement industry standard, all police officers are outfit with patrol rifles as standard equipment (by practice not policy) following specialized rifle 3 State of California Department of Finance September 12, 2024 pg. 13 https://www.sco.ca.gov/Files-ARD-Payments/copsdofletter_2425.pdf 4 State of California Citizens Option for Public Safety Growth Allocation Report For COPS and Juvenile Justice (FY2023-2024) Spreadsheet, sheet “Front Line City Breakdown”, row 499, column F https://www.sco.ca.gov/ard_payments_cops_growth.html
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training. Use of rifles is managed by the following policies: 300(all), 312.4.4, 312.4.5, 424.3, 424.7, 432 (all), 716.7, 1004.2, 1004.7.1.5 An inventory sufficient to equip each officer is maintained, the current inventory of rifles is 64, on average, 15-20 years old. Because of the long life of the equipment, funding for replacement typically relies on grant money, such as the COPS grant, and therefore funding is recommended to be used for the replacement of patrol rifles. As standard issue patrol equipment, patrol rifles are not subject to the requirements of AB 481.
Traffic Enforcement
In recent years, the Department used COPS funds to purchase electronic citation devices for traffic enforcement. The Department requests to increase the available devices from 13 to 17 so more officers can use these efficient devices to conduct traffic enforcement.
POLICY IMPLICATIONS
Palo Alto Municipal Code 2.28.080 requires a two-thirds vote by Council to accept the funds and amend the budget. The California Government Code would limit how SLES funds are redistributed. As with the acquisition of any goods or services by the City, the purchasing process will be subject to City purchasing policy manual as established in the municipal code under the direction of the Chief Procurement Officer. Any purchase that is surveillance technology is subject to provisions of the Municipal Code during the purchase process. None of the proposed uses here are considered surveillance technology nor are considered military equipment and subject to reporting according to AB 481.
FISCAL/RESOURCE IMPACT
This activity directly impacts only the Supplemental Law Enforcement Services (SLES) Fund. The City has received revenue each year under this program since its inception. To receive the revenue into the SLES Fund, Council’s approval is required according to the Municipal Code (PAMC 2.30.360) and the State Government code referenced above. Revenues of $204,005 are recommended to be recognized in the SLES Fund. A total of $267,000 of expenditures are anticipated as described previously in the memorandum, including the use of $62,995 from the existing fund balance. There will be no impact to the General Fund as ongoing maintenance costs, if any, for the items purchased by the SLES Fund will be absorbed in the Department's existing budget, otherwise, the activities will stop when the SLES funds are spent in full.
STAKEHOLDER ENGAGEMENT
None
5 Palo Alto Police Department Policy Manual
https://www.cityofpaloalto.org/Departments/Police/Public-Information-Portal/Police-Policy-Manual Item 3
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ENVIRONMENTAL REVIEW
Acceptance of COPS funding and the proposed expenditures for public safety equipment are not projects subject to CEQA review.
ATTACHMENTS
None
APPROVED BY:
Andrew Binder, Police Chief
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Transportation
Meeting Date: October 28, 2024
Report #:2409-3490
TITLE
Approval of Construction Contract Number C25191007 with Tennyson Electric, LLC. in the amount of $453,300 and Authorization of the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that may Develop During the Project Up to a Not-To-Exceed Amount of $45,330 for the Quarry Road Traffic Signals and Intelligent Transportation Services (ITS) improvement project; CEQA status – Categorically Exempt (CEQA Guidelines Section 15301).
RECOMMENDATION
Staff recommends that the City Council:
1. Approve and authorize the City Manager or their designee to execute the linked construction contract with Tennyson Electric, LLC, Contract No. C251910071, in an amount not to exceed $453,300 for Construction Services on Quarry Road as part of the Transportation and Parking Improvements project (PL-12000) and Traffic Signals and Intelligent Transportation Services (ITS) project (PL-05030); and
2. Authorize the City Manager or their designee to negotiate and execute one or more change orders to the contract with Tennyson Electric, LLC, for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $45,330.
EXECUTIVE SUMMARY
The contract for construction and electrical services will furnish and install traffic signal hardware and to improve operational improvements including updated traffic signal cabinets, modern detection systems, and accessible pedestrian system push buttons. The project addresses the need to update the aging traffic signal infrastructure that has not been upgraded for at least 20 years along Quarry Road, an important roadway connecting the Palo Alto 1 https://www.cityofpaloalto.org/files/assets/public/v/3/transportation/city-council-docs/c25191007-quarry-rd- improvement-project.pdf
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community, Stanford Medical and shopping centers, and Stanford University. This project aligns with the Fiscal Year 2025 Adopted Capital Improvement Plan (CIP) budget for the Traffic Signal and ITS Improvements project (PL-05030), and Parking & Transportation Improvements project (PL-12000).
BACKGROUND
The City of Palo Alto maintains and operates 102 traffic signals throughout Palo Alto and the Stanford University Campus. Each traffic signal, and signal timing and operations, requires regular upkeep as well as modernization to current standards and operational practices as technology and operations evolve. Traffic signal hardware generally has a lifespan between ten(10) to 25 years, including items such as traffic signal cabinets, vehicle detection systems, and pedestrian push buttons.
Quarry Road is an important roadway where coordination and optimization of the traffic signals has not been updated nor used for at least 20 years. Due to the characteristics of this project, it was awarded $250,000 in regional funding from the Valley Transportation Authority’s (VTA) Vehicle Registration Fee (VRF) funding distribution program. The aging infrastructure, the importance of connections, and the need for modernization made this a competitive project for these funds. The remainder of the costs (approximately $248,630) are anticipated to be paid from Santa Clara County 2016 Measure B – Local Streets and Roads (LSR) funding program. This project will update the traffic signal hardware and operations at four intersections:
Quarry Road and Vineyard Lane
Quarry Road and Arboretum Avenue
Quarry Road and Sweet Olive Lane
Quarry Road and Palo/Pear Avenue
ANALYSIS
The City released an Invitation for Bids (IFB) number 191007 on June 27, 2024, for Construction and Electrical Services and the City received four (4) bids in response to the IFB.
The bid received was competitive with current trending rates and the bidder provided for the costs of each sample task, as defined in the Scope of Work (see linked contract). Staff has reviewed and accepted the bid submitted and declares Tennyson Electric, LLC as the lowest responsive bidder. The bid amount is $453,300 and an additional ten percent ($45,330) for potential contingencies. The tasks defined in the scope of work include furnishing and installing various traffic signal hardware and implementation of an Automated Traffic Signal Performance Measure (ATSPM) at one of the intersections. Staff along with existing on-call contractors will follow the hardware upgrades with the development and implementation of an optimized coordinated timing plan.
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The City has verified the Tennyson Electric, LLC contractor license, and contacted references.
The company is in good standing with the State of California with its registration with the Department of Industrial Relations (DIR) and California Secretary of State and Contractor State License Board (CSLB). In addition, Tennyson Electric, LLC has recently provided exceptional work in Palo Alto as well as the nearby Cities of Cupertino and Mountain View and is familiar with all required City Standards and Specifications, as well as the California Manual of Uniform Traffic Control Devices. Table 1 below summarizes the invitation for bids process.
Table 1: Summary of Bid Process
Bid Name/Number IFB 191007 Quarry Road Operational
Improvement Project
Proposed Length of Project 2-years after Contract Execution Number of Bid Packages downloaded by
Contractors
4 Number of Bid Packages downloaded by
Builder’s Exchanges
22 Total Days to Respond to Bid 27
Pre-Bid Meeting No
Number of Bids Received: 4
Public Link to Solicitation https://procurement.opengov.com/port al/palo-alto-ca/projects/100291
Bid Price Range $453,300 to $1,500,000
FISCAL/RESOURCE IMPACT
Funding for this contract is available in the Fiscal Year 2025 Adopted Capital Improvement Plan (CIP) budget for the Traffic Signal and ITS Improvements project (PL-05030), and Parking & Transportation Improvements project (PL-12000). The Quarry Road Traffic Signals and ITS project will be funded by the above Capital Improvement Projects through competitively awarded VRF funding in the amount of $250,000 that was recognized in PL-05030 as part of the FY 2025 Adopted Budget. The remainder of the costs, approximately $248,630, is anticipated to be reimbursable with City allocated Measure B – LSR funds that was recognized in PL-12000 as part of the FY 2025 Adopted Budget. No additional budgetary action is required.
STAKEHOLDER ENGAGEMENT
Staff has outreached and maintained communication regarding this project with Stanford University’s Transportation and Environmental Planning department as a key stakeholder and owner of adjacent land uses. Staff has also coordinated the scope of this project with the Santa Clara County Valley Transportation Authority (VTA) as a key funding stakeholder and the City’s Item 4
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Electric Utilities and Public Works Departments. System upgrade projects of this type do not typically include additional community outreach.
ENVIRONMENTAL REVIEW
This contract and associated work qualify for a Categorical Exemption under CEQA Guidelines section 15301 (existing facilities). No trees will be removed, and all work will occur within the existing public right-of-way. The contract will result in the minor alteration of existing traffic signals and pedestrian crossing facilities.
APPROVED BY:
Philip Kamhi, Chief Transportation Official
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: October 28, 2024
Report #:2408-3389
TITLE
Approval of Construction Contract Number C25192135 with Anderson Pacific Engineering Construction, Inc. in the Amount Not-to-Exceed $6,215,000; Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders up to a Not-to-Exceed Amount of $621,500 for Related, Additional but Unforeseen Work Which May Develop During the Project; Approval of Amendment Number 5 to Contract C21176592C with Carollo Engineers, Inc. in the Amount of $1,314,192 for a New Compensation Not-to-Exceed Amount of $14,695,384 for the Wastewater Treatment Fund for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 2 Project at the Regional Water Quality Control Plant, Funded by the Plant Repair, Retrofit, and Equipment Replacement Project (WQ-19002); CEQA Status – Exempt Under Section 15301
RECOMMENDATION
Staff recommends that the City Council:
1. Approve and authorize the City Manager or their designee to execute construction contract C25192135 with Anderson Pacific Engineering Construction, Inc., (APEC), in the amount of $6,215,000 for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 2 Construction Contract, funded in the Plant Repair, Retrofit, and Equipment Replacement Project (WQ-19002) at the Regional Water Quality Control Plant (RWQCP);
2. Authorize the City Manager or their designee to execute one or more change orders to the contract with APEC, for related, additional but unforeseen work that may develop during the project, the total value of which shall not exceed $621,500; and
3. Approve and authorize the City Manager or their designee to execute Amendment No. 5 to contract C21176592C with Carollo Engineers, Inc. to provide construction management and inspection services during construction for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 2 Construction Project funded in the Plant Repair, Retrofit, and Equipment Replacement project (WQ-19002) in an amount not-to- exceed $1,314,192. The revised total contract amount is not to exceed $14,695,384 including $1,194,720 for basic services and $119,472 for additional services.
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EXECUTIVE SUMMARY
The Regional Water Quality Control Plant (RWQCP) capital program includes the rehabilitation of the 12-kV Electrical Power Distribution Loop. In addition to the construction contract, specialized services to manage the construction and inspection of the construction contract work are required. These services are an extension of staff and essential for providing quality assurance that the City is receiving the as-designed infrastructure in a transparent, efficient, and coordinated manner.
BACKGROUND
The RWQCP obtains electrical power from the City of Palo Alto Utilities (CPAU) Department.
Onsite distribution of the medium voltage power is through a radial 12,470-volt (12kV) underground distribution system, which feeds ten power distribution load centers where the voltage is transformed from 12kV down to 480 volts. The 480-volt power is the key power supply for the RWQCP’s industrial treatment equipment. The 12kV distribution system has feeder distribution cables installed around 1980. The 12kV cables, the existing load centers, and 12kV electrical switches are at the end of their useful life and in need of replacement.
In July 2012, the City adopted the Long Range Facilities Plan (LRFP), which provided a roadmap for future improvements at the RWQCP.1 This project is one of the projects recommended by the LRFP. Based on consultation with CPAU, replacement of the aging electrical infrastructure at the RWQCP is needed to maintain reliably safe operation. The design of the 12kV Electrical Power Distribution Loop Rehabilitation Project (Project) was completed in April 2022 under a separate contract (C19170648) with Salas O’Brien Engineers approved by Council in October 2018.2 The Project includes replacement of aging electrical cables, pad-mounted switches, and load centers. Work includes construction of elevated equipment pads to protect electrical equipment in compliance with the City’s Sea Level Rise policy. The Project design includes plant-wide electrical system harmonic assessments and arc-flash hazard risk assessments.
Contract documents include a sequence of work that allows the construction work to be commenced in seven phases to allow for coordination with other RWQCP ongoing and upcoming capital program projects. The construction work completed under Bid Package 1 included construction of the critical Phases 1 and 5 of the project, both of which began in 1 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
2 City Council, October 15, 2018; SR #9274
https://www.cityofpaloalto.org//files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2018/id-9274-design-services-for-wqcp-medium-voltage-electrical-distribution-network- rehabilitation.pdf
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January 2023 and are now substantially complete. The new construction package, known as Construction Bid Package 2, covers work under the remaining Phases 2, 3, 4, 6, and 7.
ANALYSIS
The 12kV Electrical Power Distribution Loop Rehabilitation Project design included seven phases of work that were planned and sequenced to coordinate with other RWQCP ongoing capital projects. Under Bid Package 2, the contractor will construct Phases 2, 3, 4, 6, and 7, including:
•the replacement of electrical switchgear, replacement of CPAU Service Entrance Cabinet No. 2, and replacement of associated conductors;
•installation of temporary conductors and conduits during shutdown and switchover; •demolition of existing equipment (switchgear, electrical switches, CPAU Service Entrance Cabinet);
•site preparation work such as vegetation, pavement, and curb removal; •site civil grading;
•installation of elevated equipment pads in conformance with the City’s Sea Level Rise Policy;
•installation of 40-feet deep foundation piers; and
•other miscellaneous work as specified in the contract documents.
Construction Bid Process
On July 16, 2024, the City solicited formal bids from qualified contractors for the 12kV Electrical Power Distribution Loop Bid Package 2 Project. The bid solicitation requested base bids for Phases 2 and 3, with Phases 4, 6, and 7 as add alternate bid items (see Table 1). The bidding period was 24 calendar days. Two bids were received on August 9, 2024, with bid prices ranging from $6,215,000 to $6,450,000 as listed in the Bid Summary (Attachment B).
These bid prices are inclusive of the base bid items as well as all add alternative bid items.
Both bids are about $2.2 million below the Engineer’s cost estimate of $8.42 million.
Table #1: Summary of Construction Bid Process
Bid Name / Number
12kV Electrical Power Distribution
Loop Rehabilitation Bid Package 2
Project (IFB No. 192135)
Length of Project 27 months after Notice to Proceed
# of Bid Packages downloaded by Contractors 41
# of Bid Packages downloaded by Builder’s Exchanges 2
Total Days to Respond to Bid 24
Pre-Bid Meeting Yes
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Staff has reviewed all bids submitted and recommends the bid of $6,215,000 submitted by APEC be accepted, and APEC be declared the lowest responsible bidder. A notice of Intent to Award was issued to APEC and a construction contract (C25192135) with APEC, in the amount of $6,215,000 has been prepared.3 The bid is 26% below the engineer’s estimate of $8,420,000.
The engineer’s estimate overestimated the costs of electrical gear based on experience with previous high pricing and long lead times, typical during COVID and post-COVID timeframe.
Electrical gear supply chain and pricing issues have improved in recent years. Also, the low bid contractor received a very good price on the new CPAU Service Entrance Cabinet, and a volume discount for the project’s five electrical switches.
A contingency amount of $621,500 (10% of the bid price) is recommended for related, additional but unforeseen work that may develop during the project. Staff confirmed with the Contractor’s State License Board that the contractor has an active license on file.
Selection of a Construction Management Firm
On June 2, 2021, Council approved five separate contracts (Contract C21179265 – with MNS Engineers, Inc.; CDM Smith; Carollo Engineers, Inc.; MCK Americas, Inc.; and Tanner Pacific, Inc.) for construction management and inspection services.4 They were initially set at a not-to- exceed amount of $1 per contract to allow the City to select the firm that will provide qualified consultants for on-call services during construction of individual capital projects recommended by the LRFP. Services to be used are on a per-project basis, at the City’s discretion.
On July 9, 2024, staff provided each of the five (5) construction management consultants a scope of services with a list of tasks needed for Bid Package 2 (i.e., Work Order #2B). One proposal was received from Carollo Engineers, Inc. with a price of $1,194,720 as listed in the Work Order Proposal Summary (see Table #2). Some of the construction management consultants previously indicated they would not be submitting a proposal because they were not well-positioned for the work at the time or were nonresponsive to the request. 3 Anderson Pacific Construction Contract for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 2 Project C25192135
https://www.cityofpaloalto.org//files/assets/public/v/1/public-works/staff-reports-all/2024/anderson- pacific_cc.pdf
4 City Council, June 21, 2021; SR #12324
https://www.cityofpaloalto.org/files/assets/public/v/2/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2021/id-12324.pdf
# of Companies Attending Pre-Bid Meeting 7
# of Bids Received 2
Base Bid & Add Alternate B is Items Price Range $6,215,000 – $6,450,000 Item 5
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Table #2: Summary of Construction Management Work Order 2B Proposals Request for Work Order Proposal Issued July 9, 2024
Deadline for Questions, Clarifications July 23, 2024
Proposals Due July 30, 2024
Proposals Received 1
Finalist Identified 1
Proposal Price $1,194,720
APEC and Carollo Engineers, Inc. were the low bid and selected construction manager, respectively, for the construction of Bid Package 1, as approved by Council in November 2022.5 As noted previously, Bid Package 1 is substantially complete.
Staff reviewed the proposal and discussed the scope of work with Carollo Engineers, Inc. Carollo Engineers, Inc. has performed well in managing the Bid Package 1 construction. Carollo Engineers, Inc. has qualified staff and a thorough understanding of the scope and complexity of the work and therefore, staff recommends awarding Bid Package 2 construction management to Carollo Engineers, Inc. (Attachment A). Bid package 2 work includes construction coordination of the electrical project and other onsite capital improvements during the term of the work, requiring specialists to support the coordination of complex shutdowns and commissioning ensuring alignment with Public Works staff and the construction contractor.
Learning from the contract management and complexity during bid package 1, staff recognizes more operations support is required for the project; the electrical shutdowns are time consuming and require significant pre-planning and coordination, interfering with day-to-day operations preventative maintenance tasks. Therefore, this scope of work reflects increased support from the construction management contract team to assist Operations staff and Carollo. The construction work for the Bid Package 2 project is anticipated to be complete by December 31, 2026.
FISCAL/RESOURCE IMPACT
Funding required for this construction contract and contract amendment is available in the Fiscal Year 2025 Adopted Wastewater Treatment Fund Capital Improvement Program Plant Repair, Retrofit, and Equipment Replacement Project (WQ-19002). Palo Alto treats the combined wastewater from Palo Alto, Los Altos, Los Altos Hills, Mountain View, Stanford University, and East Palo Alto Sanitary District. Palo Alto’s share of this project is approximately 37% and the other five agencies’ share is approximately 63%, based on volume and strength of wastewater contribution of each partner. The $6,836,500 for the construction contract and the 5 City Council, November 14, 2022; SR #14602
https://www.cityofpaloalto.org//files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/2022/id.-14602.pdf
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$1,320,396 for the construction management contract amendment is the combined cost for all the partners, a total of $8,156,896 (Palo Alto’s share is $3,018,051). The Palo Alto Wastewater Collection Fund’s share of this project’s expense is already in that fund’s budget and this project will receive reimbursement by Valley Water for Palo Alto’s share of the project per the GP5 Agreement6.
STAKEHOLDER ENGAGEMENT
This project is part of the RWQCP’s minor capital improvement program funded by Palo Alto and its five additional partner agencies. The five partner agencies are regularly updated about both the need for and the progress on 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 minor capital improvement program. This project has been part of that process. Additionally, RWQCP staff has routinely coordinated feedback from Utilities Department electrical staff via project reviews.
ENVIRONMENTAL REVIEW
The project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, subsections (b) and (e)(1), Existing Facilities, as it involves the repair and maintenance of an existing publicly owned utility used to provide sewerage treatment services with a minor addition to an existing building and no or negligible expansion of use.
ATTACHMENTS
Attachment A: Amendment No. 5 to Contract No. C21179265C with Carollo Engineers, Inc.
Attachment B: Bid Summary for IFB No. 192135
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
6 City Council, June 3, 2024; Agenda Item #6; SR #2404-2877 https://portal.laserfiche.com/Portal/DocView.aspx?id=72164&repo=r-704298fc&searchid=976ab985-af0b-4b24- 97aa-149fe444fc8e
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AMENDMENT NO. 5 TO CONTRACT NO. C21179265C
BETWEEN THE CITY OF PALO ALTO
AND CAROLLO ENGINEERS, INC.
This Amendment No. 5 (this “Amendment”) to Contract No. C21179265C (the “Contract” as defined below) is entered into as of October 28, 2024, 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”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties to provide construction management and inspection services on an on-call, as-needed, time-limited basis in connection with individual projects or inspection tasks at the Regional Water Quality Control Plant (RWQCP), as detailed therein.
B. The Parties entered into Amendment No. 1 to add Task 2 services (referred to as Work Order No. 2) for Construction Management and Inspection Services for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 1 Project, and to increase compensation by Six Hundred Four Thousand Two Hundred Forty-Six Dollars ($604,246.00), from One Dollar ($1.00) to Six Hundred Four Thousand Two Hundred Forty-Seven Dollars ($604,247.00), as detailed therein.
C. The Parties entered into Amendment No. 2 to (1) extend the contract term through March 31, 2028; (2) add Task 3 services (referred to as Work Order No. 3) for Construction Management Services for the Secondary Treatment Upgrades Project; and (3) increase compensation by Eight Million Two Hundred Thirty-Seven Thousand Twenty-One Dollars ($8,237,021.00), from Six Hundred Four Thousand Two Hundred Forty-Seven Dollars ($604,247.00) to Eight Million Eight Hundred Forty-One Thousand Two Hundred Sixty-Eight Dollars ($8,841,268.00), as detailed therein.
D. The Parties entered into Amendment No. 3 to (1) add Task 1A services (referred to as Work Order No. 1A) for Construction Management Services for the Primary Sedimentation Tank Rehabilitation and Equipment Room Electrical Upgrade Project; and (2) increase compensation by Three Hundred Eighty-Eight Thousand Five Hundred Thirty-Eight Dollars ($388,538.00), from $8,841,268.00 to Nine Million Two Hundred Twenty-Nine Thousand Eight Hundred Six Dollars ($9,229,806.00), as detailed therein.
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Amendment No. 5 to
Contract No. C21179265C
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Inc.
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E. The Parties entered into Amendment No. 4 to (1) add Task 4 services (referred to asWork Order No. 5) for Construction Management Services for the Local Advanced Water Purification System; (2) increase compensation by Four Million One HundredFifty-One Thousand Three Hundred Eighty-Six Dollars ($4,151,386.00), from Nine Million Two Hundred Twenty-Nine Thousand Eight Hundred Six Dollars ($9,229,806.00) to Thirteen Million Three Hundred Eighty -One Thousand One Hundred Ninety-Two Dollars ($13,381,192.00); (3) add Haley & Aldrich, Inc. as a subcontractor; and (4) add Exhibit C-2 Schedule of Rates, as detailed herein. F. The Parties now wish to amend the Contract in order to (1) add Task 6 services (referred to as Work Order No. 2B) for Construction Management and Inspection Services for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 2 Project ; (2) increase compensation by One Million Three Hundred Fourteen Thousand One Hundred Ninety-Two Dollars ($1,314,192), from Thirteen Million Three Hundred Eighty -One Thousand One Hundred Ninety-Two Dollars ($13,381,192.00) to Fourteen Million Six Hundred Ninety-Five Thousand Three Hundred Eighty-Four Dollars ($14,695,384.00); and (2) add Exhibit C-2 Schedule of Rates, as detailed herein. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term “Contract” shall mean Contract No. C21179265C between CONSULTANT and CITY, dated June 14, 2021, as amended by:Amendment No. 1, dated November 7, 2022Amendment No. 2, dated December 5, 2022 Amendment No. 3, dated October 16, 2023 Amendment No. 4, dated June 10, 2024 b.Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 4 “NOT TO EXCEED COMPENSATION” of the Contract is hereby amended to read as follows: “The CITY is engaging multiple consultants, including CONSULTANT, that are eligible to respond with proposals to the CITY’s project-specific Task Orders under the process described in Exhibit A. 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 Dollar ($1), unless CITY selects CONSULTANT, according to the process in Exhibit A, to perform services under one Item 5
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Amendment No. 5 to
Contract No. C21179265C
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or more Task Orders not to exceed Fourteen Million Six Hundred Ninety-Five Thousand ThreeHundred Eighty-Four Dollars ($14,695,384.00) over the term of the Agreement. No pre-qualified consultant, including the CONSULTANT under this Agreement, is guaranteed selection or assured of any minimum quantity of work to be performed. In the event CONSULTANT is not selected to provide Services under a Task Order, no payment is due from CITY.The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES” and Exhibit C-2, entitled “SCHEDULE OF RATES, AMENDMENT NO. 5.” 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. A.The City has selected CONSULTANT to perform Work Order #2, for Construction Management and Inspection Services for the Medium Voltage Electrical Network (12kV Elec. Loop) Rehabilitation Bid Package 1 Project, in the amount not to exceed Five Hundred Forty-Nine Thousand Three Hundred Fifteen Dollars ($549,315.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses for Work Order #2 shall not exceed Six Hundred Four Thousand Two Hundred Forty-Seven Dollars ($604,247.00). B. The City has selected CONSULTANT to perform Work Order #3, for Construction Management Services for the Secondary Treatment Upgrades Project, in the amount not to exceed Seven Million Four Hundred Eighty-Eight Thousand Two Hundred One Dollars ($7,488,201.00).CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses for Work Order #3 shall not exceed Eight Million Two Hundred Thirty-Seven Thousand Twenty-One Dollars ($8,237,021.00). C. The City has selected CONSULTANT to perform Work Order #1A, for Construction Management Services for the Primary Sedimentation Tank Rehabilitation and Equipment Room Electrical Upgrade Project, in the amount not to exceed Two Hundred Forty-Six Thousand Seven Hundred Dollars ($246,700.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses for Work Order #1A shall not exceed Three Hundred Eighty-Eight Thousand Five Hundred Thirty-Eight Dollars ($388,538.00). D. The City has selected CONSULTANT to perform Work Order #5, for Construction Management Services for the Local Advanced Water Purification System, in the amount not to exceed Three Million Seven Hundred Seventy-Three Thousand Nine Hundred Eighty-Seven Dollars ($3,773,987.00). CONSULTANT agrees to complete all Basic Item 5
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Inc.
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Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses for Work Order #1A shall not exceed Four Million One Hundred Fifty-One Thousand Three Hundred Eighty-Six Dollars ($4,151,386.00).E.The City has selected CONSULTANT to perform Work Order #2B, for Construction Management and Inspection Services for the Medium Voltage Electrical Network (12kV Elec. Loop) Rehabilitation Bid Package 2 Project, in the amount not to exceedOneMillion One Hundred Ninety-Four Thousand Seven Hundred Twenty Dollars ($1,194,720.00). CONSULTANT agrees to complete all Basic Services, includingreimbursable expenses, within this amount. In the event Additional Services (asdefined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses for Work Order #2B shall not exceed One Million Three Hundred Fourteen Thousand One Hundred Ninety-Two Dollars ($1,314,192.00).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 the not-to-exceed compensation specified above, CITY has set aside the not-to- exceed compensation amount of Fifty-Four Thousand Nine Hundred Thirty-Two Dollars ($54,932.00) for the performance of Additional Services for Work Order #2; Seven Hundred Forty-Eight Thousand Eight Hundred Twenty Dollars ($748,820.00) for Work Order #3; One Hundred Forty-One Thousand Eight Hundred Thirty-Eight Dollars ($141,838.00) for Work Order #1A;Three Hundred Seventy-Seven Thousand Three Hundred Ninety-Nine Dollars ($377,399.00) for Work Order #5; and One Hundred Nineteen Thousand Four Hundred Seventy-Two Dollars ($119,472.00)for Work Order 2B. The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Fourteen Million Six Hundred Ninety-Five Thousand Three Hundred Eighty-Four Dollars ($14,695,384.00), 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 in a Task Order issued under 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 Services 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.
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Amendment No. 5 to
Contract No. C21179265C
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Inc.
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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 within 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 inthis Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.”SECTION 3. Section 12 “SUBCONTRACTING” of the Contract is hereby amended to read as follows:“Option B: Subcontracts Authorized:Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcontractors authorized by CITY to perform work on this Project are:Silveira ConsultingSalimi Construction (removed as of Amendment No. 5)Management Bay Area Coating Consultants, Inc. BSK AssociatesHaley & Aldrich, Inc.CONSULTANT shall be responsible for directing 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 subcontractors. CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee.”SECTION 4. The following exhibit(s) to the Contract are hereby amended, as indicated below, to read as set forth in the attachment(s) to this Amendment, which are hereby incorporated in full into this Amendment and into the Contract by this reference:a. Exhibit “A-4” entitled “PROFESSIONAL SERVICES TASK ORDER NO. 2B, AMENDMENTNO. 5” (ADDED).b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 5” (AMENDED, REPLACES PREVIOUS) Item 5
Attachment A -
Amendment No. 5 to
Contract No. C21179265C
with Carollo Engineers,
Inc.
Item 5: Staff Report
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c. Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 5,” (AMENDED, REPLACES PREVIOUS).d. Exhibit “C-2” entitled “SCHEDULE OF RATES, AMENDMENT NO. 5,” (ADDED). SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) Item 5
Attachment A -
Amendment No. 5 to
Contract No. C21179265C
with Carollo Engineers,
Inc.
Item 5: Staff Report
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SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO ______________________________ City Manager or Designee CAROLLO ENGINEERS, INC. Officer 1By: Rick Chan, Senior Vice President Name: Senior Vice President Title: APPROVED AS TO FORM: _________________________________ City Attorney or Designee Officer 2 By: Anne E. PrudhelName: Executive Vice President Title: Attachments: Exhibit “A-4”: PROFESSIONAL SERVICES TASK ORDER NO. 2B, AMENDMENT NO. 5 (ADDED)Exhibit “B”: SCHEDULE OF PERFORMANCE, AMENDMENT NO. 5 (AMENDED, REPLACES PREVIOUS) Exhibit “C”: COMPENSATION, AMENDMENT NO. 5 (AMENDED, REPLACES PREVIOUS)Exhibit “C-2”: SCHEDULE OF RATES, AMENDMENT NO. 5 (ADDED) Item 5
Attachment A -
Amendment No. 5 to
Contract No. C21179265C
with Carollo Engineers,
Inc.
Item 5: Staff Report
Pg.
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EXHIBIT “A-4 PROFESSIONAL SERVICES TASK ORDER NO. 2B, AMENDMENT NO. 5 (ADDED) 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. C21179265C 1A. MASTER AGREEMENT NO.: C21179265C 1B. TASK ORDER NO 2B: Work Order No. 2B for Construction Management Services for the Medium Voltage Electrical Network (12kV Elec. Loop) Rehabilitation Bid Package 2 Project2. CONSULTANT NAME: CAROLLO ENGINEERS, INC. 3. PERIOD OF PERFORMANCE: START: Immediately Once Notice to Proceed (NTP) is Issued; COMPLETION: 12/31/2026 4 TOTAL TASK ORDER NO. 2A PRICE: $1,194,720.00 BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT: $0 5. WBS/CIP: WQ-19002 6. CITY PROJECT MANAGER: Tom Kapushinski Public Works Department, Environmental Services Division, RWQCP 7. DESCRIPTION OF SCOPE OF SERVICES 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: Task Order No. 2B Scope of Services, including Schedule of Performance and Compensation ScheduleTASK ORDER #2B SCOPE OF SERVICES A. General Requirements 1. For any work which requires licensing, the Proposers shall be appropriately licensed in accordance with the laws of the State of California. The cost for any required licenses or permits shall be the responsibility of the successful Proposers. 2. CONSULTANT shall provide all necessary administration, project controls, quality assurance and professional oversight of the project to ensure that the project remains on schedule, within budget, ensures continuity of information, and satisfies the requirements of the CONTRACT. CONSULTANT shall prepare and distribute a Project Management Plan to include schedule, Item 5
Attachment A -
Amendment No. 5 to
Contract No. C21179265C
with Carollo Engineers,
Inc.
Item 5: Staff Report
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budget, roles, contracts and procedures.3. At the beginning of each month, CONSULTANT shall submit to the CITY monthly invoices for the cost incurred during previous month; including subconsultant and expenses. 4. CONSULTANT shall prepare and submit monthly invoice packages to the City. The City prefers processing CONSULTANT pay requests that cover one calendar month. Monthly invoice packages are to include a progress report documenting progress. The report shall include the progress by each task, the budget status (authorized amount, current billing, billed to date, previously billed, amount remaining, and percent spent), outstanding issues, potential changes, project schedule and schedule impacts. CONSULTANT shall identify and mitigate potential budget overruns; and notify CITY Project Manager as soon as the potential overrun is identified. B. Preconstruction Phase Tasks 1. CONSULTANT shall perform reviews of construction drawings and specifications at varies levels of design, as assigned by the CITY with focus on constructability of the project. At a minimum, the CONSULTANT shall provide and log comments regarding the plans, specifications, and construction cost estimate in an Excel Workbook, provided by CITY. Comments should at a minimum include feedback on measurement and payment, sequencing, schedule, temporary facilities, constructability, and required contractor qualifications. The City may assign milestone reviews of other projects in the preconstruction phase. Reviews shall determine the coordination required between the subject project and other projects for concurrent work and the constructability of other projects following the completion of the subject project. 2. CONSULTANT shall assist the City with evaluation of construction bids to determine the lowest responsive and responsible bidder. 3. For each milestone meeting, CONSULTANT will prepare the agenda for the meeting, facilitate the meeting, address administrative and non-design issues, and prepare record of discussions of the meeting for distribution. CITY, ENGINEER and CONTRACTOR’s team will attend the meeting. The ENGINEER will address design issues. At a minimum, there will be the following milestone meetings: a. Project kick-off Meeting b. Pre-bid Meeting 4. Administration a. CONSULTANT to propose a project administration procedure, including an online document tracking system, for CITY approval. The administration procedure will detail how the CONSULTANT will track, store, distribute, and manage digital and hardcopy correspondence and project documentation and strategy for managing project communications. b. CONSULTANT shall establish and maintain a health and safety plan specific for CONSULTANT’s staff and subconsultants. During construction activities, CONSULTANT shall follow CONTRACTOR(S)’s health and safety plan(s), if it is more stringent. 5. Office Setup a. CONSULTANT shall organize the hardcopy and digital files for the project prior to commencement of construction and coordinate with the CITY and CONTRACTOR for office trailer set-up. b. CITY will designate location for the office trailer and provide utility connection Item 5
Attachment A -
Amendment No. 5 to
Contract No. C21179265C
with Carollo Engineers,
Inc.
Item 5: Staff Report
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points.c. CITY will designate a location for the CONTRACTOR’S office trailer and provide utility connection points. d. CONSULTANT will be provided with an office space in the Administration Bldg. All office equipment and materials, such as, copier, phone/service, and internet access are to be furnished by the CONSULTANT. 6. Preconstruction Activities a. Site Walk Observations and Documentation i. CONSULTANT will conduct preconstruction inspections, documenting conditions in a log and providing digital photographs and video(s). b. Preconstruction Submittals i. CONSULTANT to develop a list of CONTRACTOR pre-construction submittals. ii. CONSULTANT to review CONTRACTOR’s pre-construction submittals, schedule of values, and preliminary schedule. C. Construction Phase Tasks 1. Construction Administration a. Project Coordination i. CONSULTANT shall act as the project coordinator and the point of contact for all communications with the CONTRACTOR. The CONSULTANT shall coordinate construction activities of the CITY, ENGINEER, and CONTRACTOR. CONSULTANT responsibilities include: Conduct team meetings within the consulting firm to review progress, coordinate evaluations and identify information needs; Disseminate information to the design team; Manage the project budget; Manage the project schedule; Manage sub-consultants; Manage QA / QC team; Coordinate communications with other ongoing project’s construction managers to facilitate the construction of ongoing projects and continuous Plant operations. ii. CONSULTANT shall provide a contact phone number to respond to issues related to construction activity or coordination, 24 hours a day, 7 days a week. b. Document Tracking System: CONSULTANT shall establish, implement and maintain an online system for tracking all correspondence and documents on the Project or shall adopt a project administration procedure previously approved by CITY. CONSULTANT shall incorporate within the tracking system the means to track the routing of submittals/RFIs to the CITY’s other consultants. c. Construction Administration Services: CONSULTANT shall provide administrative and management services. The CONSULTANT shall receive all correspondence from the CONTRACTOR and address all inquiries from the CONTRACTOR and construction related correspondence. The ENGINEER will be responsible for providing design input. 2. Meetings a. CONSULTANT shall prepare agenda for progress meetings and other construction meetings required during the Project, which will includes weekly or bi-weekly meetings with the CONTRACTOR and CITY. b. CONSULTANT shall facilitate and prepare records of discussions for the progress meetings and other construction related meetings. c. CONSULTANT shall have all pending decisions detailed for the meetings as well as project statistics (schedule updates, approximate percent project complete, near- Item 5
Attachment A -
Amendment No. 5 to
Contract No. C21179265C
with Carollo Engineers,
Inc.
Item 5: Staff Report
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term milestones). d. Anticipated Meetings i. Construction kick-off meeting ii. Weekly update meeting iii. Minimum two (2) Electrical Service (Power Feed) Coordination Meeting with Palo Alto Electric Utilities iv. Participate in an I&C Standards Review Meeting with RWQCP Technology / SCADA Support Staff v. Project close-out Meeting vi. Attend other concurrent projects’ kickoff meetings vii. Periodic coordination meetings with other ongoing projects’ construction managers and the City 3. Submittals a. CONSULTANT shall use the online document tracking system to log and coordinate the submittal process. b. CONSULTANT shall receive the submittals, including CONTRACTOR’s red-line drawings, from the CONTRACTOR and check the submittals for general conformity with the Construction Contract requirements. If obvious deficiencies are apparent in the submittal, the CONSULTANT will shall reject and send the submittal back to the CONTRACTOR for correction. c. CONSULTANT shall route the submittals to the ENGINEER for review and shall route the reviewed submittal back to the CONTRACTOR. The CONSULTANT shall review comments on the submittals to determine if additional follow-up with the CONTRACTOR and/or ENGINEER is warranted and to identify any scope changes. d. CONSULTANT shall coordinate the ENGINEER’s submittal review and the track the status of shop drawing resubmittals with the CONTRACTOR. e. In addition to the CONSULTANT, ENGINEER to review all design related submittals and all submittals for temporary facilities. f. CONSULTANT shall review temporary facilities submittals for conflicts with other ongoing projects’ active and/or proposed construction. The City may request CONSULTANT review other ongoing projects’ temporary facilities submittals for constructability issues. g. CONSULTANT shall review temporary facilities submittals for operability.4. Request for Information/Clarification Processa. CONSULTANT shall utilize the online document tracking system for processing requests for design clarifications. b. CONSULTANT shall receive all requests for information (RFIs) from the CONTRACTOR and determine if the request is a valid RFI; i. If valid, ENGINEER will review the RFIs and provide design response. CONSULTANT will shall review the ENGINEER’s response, verify acceptability of response and transmit the Clarification Response to the CONTRACTOR. ii. If not, CONSULTANT shall return the RFI to the CONTRACTOR with justifications. c. CONSULTANT shall provide a response within 10 days to the CONTRACTOR for any administrative, field condition specific and general RFI. d. ENGINEER shall prepare Design Clarifications where design issues are identified by the CONSULTANT, ENGINEER, or CITY. CONSULTANT will shall prepare the Clarification Letter for transmittal to the CONTRACTOR of the ENGINEER’s Design Clarification and Item 5
Attachment A -
Amendment No. 5 to
Contract No. C21179265C
with Carollo Engineers,
Inc.
Item 5: Staff Report
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other clarifications.e. CONSULTANT shall work with the CITY Project Manager to maintain an Error and Omission Log to document RFIs and RFCs that are a result of ENGINEER and CONTRACTOR errors in design and construction, respectively. The log shall record the hours spent by the ENGINEER to respond to the RFIs/ RFCs and associated cost impact to the construction. CITY may seek reimbursement from the ENGINEER and/or CONTRACTOR. 5. Change Order Preparation, Negotiation & Processing a. CONSULTANT shall review all change order requests (either initiated by the CITY or by the CONTRACTOR). i. CONSULTANT shall utilize the online document tracking system to log, track, and process changes. ii. CONSULTANT will shall maintain Change Event files. These files will shall compile all data related to specific items that arise that may have cost or time impacts or neither. b. CONSULTANT shall judge the validity and/or merits of all CONTRACTOR initiated change order requests. CONTRACTOR initiated change orders deemed unnecessary, or not substantiated by a deficiency in the construction documents will shall be returned to CONTRACTOR unapproved with an explanation. c. CONSULTANT shall negotiate change orders with the CONTRACTOR, considering impact to the schedule, as well as, reasonableness of cost, and impact to total project budget. CONSULTANT shall provide updates regarding potential cost and schedule changes to CITY. d. CONSULTANT shall prepare an independent cost estimate and/or verify the acceptability of the CONTRACTOR’s cost proposal for each approved change request. At CITY’s discretion, ENGINEER’s opinion may be requested for specific equipment and material costs. e. CONSULTANT shall prepare change orders using CITY’s procedure for execution by the CITY and CONTRACTOR. i. CONSULTANT shall prepare a Change Order Memorandum, if requested by the CITY, to provide additional background discussion for need of the change and reasonableness of cost and schedule impact. ii. ENGINEER shall prepare design details for change requests as needed. CONSULTANT to coordinate schedule and distribution of design details. iii. CONSULTANT shall prepare, and issue approved change order requests to the CONTRACTOR with the appropriate design documents as directed by the CITY. f. In the event the CONTRACTOR encounters a time sensitive problem where time is not available to negotiate a settlement, CONSULTANT shall issue a field order. i. All work done under a field order will be completed on a time and material basis. CONSULTANT to track actual time and material expended for the field order work. ii. Field orders shall be reviewed and approved with the CITY prior to issuance. 6. Documentation of Environmental Compliance a. CONSULTANT shall document compliance with environmental permitting and mitigation measures in accordance with the requirements of the environmental documents and regulatory permits.
Item 5
Attachment A -
Amendment No. 5 to
Contract No. C21179265C
with Carollo Engineers,
Inc.
Item 5: Staff Report
Pg.
18 Packet Pg. 55 of 378
7. Progress Paymenta. CONSULTANT shall review the initial schedule of values (cost breakdown) prepared by the CONTRACTOR and generate a progress payment request form for the CONTRACTOR’s use. b. CONSULTANT shall review and process the progress payment requests and determine whether the amount requested reflects the actual status of the Contractor’s work in place, materials on site and other contract requirements. c. CONSULTANT shall perform the appropriate administration, preparation and processing of the monthly progress payments so the CITY can respond in accordance with the time periods set forth in the Public Contract Code. d. CONSULTANT shall prepare the summary cover sheet for the progress payments which will be executed by CONSULTANT, CONTRACTOR and CITY. e. CONSULTANT shall not recommend final payment to the CONTRACTOR until the CONSULTANT has determined CONTRACTOR has complied with the project closeout requirements, including submittals of record documents, warranties, and operations and maintenance manuals. CITY will release the retention only after a Notice of Completion has been recorded with the Santa Clara County Clerk’s Recorder Office. f. CONSULTANT shall work with Contractor to develop an estimate of CONSULTANT as well as contractor’s anticipated monthly pay request (billing/invoicing) schedule for the entire duration of the construction phase. 8. CONTRACTOR’s Certified Payroll a. On a bi-weekly basis, or when otherwise requested by the CITY, State, or other agency or public inquiry, the CONSULTANT shall collect certified payrolls from the CONTRACTOR. Apart from the regular, bi-weekly collection, the CONSULTANT will shall obtain payroll records within 10 days of the CITY’s request. b. CONTRACTOR is responsible for submitting electronically their certified payroll records to the State Department of Industrial Relations. c. CONSULTANT shall be responsible for documenting and conducting interviews of the CONTRACTOR’s field staff/crew for compliance with CITY prevailing wage ordinance. 9. Schedule a. CONSULTANT shall review CONTRACTOR’s initial Baseline schedule submittal to determine whether it is realistic and prepared in accordance with the Contract Documents, that the milestone and Substantial Completion dates meet the overall goal for schedule and that no major conflicts exist. The CONSULTANT shall advise CITY of the review determination and provide written comments to the CONTRACTOR. b. CONSULTANT shall review the CONTRACTOR’s schedule updates and provide written comments to the submitted update. c. CONSULTANT shall review and evaluate the CONTRACTOR’s requests for Contract Time extension and make written recommendations to the CITY regarding entitlement and the number of days, if any, to be added to the Contract Time(s). If requested by the CITY, CONSULTANT shall provide a written assessment of the time request. CONSULTANT shall negotiate schedule adjustments with the CONTRACTOR. 10. Field Quality Control (Inspectional Services) a. CONSULTANT shall provide field observation services to monitor compliance with the Contract Documents. i. CONSULTANT staff shall have sufficient training and experience Item 5
Attachment A -
Amendment No. 5 to
Contract No. C21179265C
with Carollo Engineers,
Inc.
Item 5: Staff Report
Pg.
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regarding the specific construction activities being performed by CONTRACTOR. 1) CONSULTANT shall provide staff proportional as what is required to observe CONTRACTOR’s activities. 2) CONSULTANT shall submit inspection schedule showing inspection frequency, duration and level of efforts. 3) CONSULTANT shall provide subconsultant(s) as needed to observe specialty work or increase staffing levels (see Special Inspections). 4) CITY may set an allowance on a task order specific basis for the increased cost only of inspectional services if required during off hours and on weekends. Consultant to provide sufficient hours to cover all inspectional services anticipated at standard rates. b. Reporting i. CONSULTANT shall prepare daily inspection reports documenting observed field activities, field crews, CONTRACTOR equipment, and field problems. CONSULTANT shall collect and compile CONTRACTOR daily reports. ii. CONSULTANT shall provide and maintain photographs of field activities for status monitoring of the project. iii. CONSULTANT shall monitor record documents (redline drawings) on a bi-weekly basis to determine if they are being maintained by the CONTRACTOR and are in substantial conformance with the CONSULTANT’s information/observations. iv. CONSULATNT shall prepare a monthly report to include major work performed, outstanding issues, project photographs, schedule status, pending and executed change orders summary, and quality issues. This report shall also be part of CONSULTANT’s monthly progress payment report. c. Special Inspections i. CONSULTANT shall furnish the materials testing and special inspections required to be performed for the Project. Special Inspection and materials testing includes, but not limited to: 1) Soils testing for HazMat compliance 2) Soils compaction and relevant testing 3) Asphalt compaction and relevant testing 4) Concrete sampling and testing 5) Structural steel welding 6) Coating inspection 7) Medium voltage electrical installation inspection & testing 8) Low voltage electrical installation inspection & testing 9) Special inspections as listed in the project specific design drawings and specs. 10) Factory inspection and witness test of Service Entrance Cabinet prior to shipment. ii. CONSULTANT shall schedule and coordinate the material testing services and have responsibility for the specialty inspections and testing services. d. Medium Voltage Inspections Item 5
Attachment A -
Amendment No. 5 to
Contract No. C21179265C
with Carollo Engineers,
Inc.
Item 5: Staff Report
Pg.
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i. Any field activities, including inspection, performed by CPAU is independent of the CONSULTANT’s inspection work and shall be performed separately and in parallel. 11. System Outages a. CONSULTANT shall review and evaluate the CONTRACTOR’s system outage requests (SOR) in conjunction with the CITY. CONSULTANT shall assess the reasonableness of the duration of the requested shutdown. b. The SORs shall be reviewed and approved at least three weeks ahead of the actual outage/shutdown. c. CONSULTANT shall facilitate/coordinate shutdowns with the CONTRACTOR, CITY and ENGINEER. i. CITY is responsible for reviewing and approving system outage request and duration, confirming the outage is properly planned, implementing the outage, and bringing services back online after the outage. 12. Means and Methods of Construction a. CONSULTANT shall not direct the means and methods of construction. CONTRACTOR shall be solely responsible for the means and methods of construction. Concerns or suggestions regarding the CONTRACTOR’s means and methods shall be communicated to CITY and ENGINEER. 13. Safety a. CONSULTANT shall comply with appropriate regulatory, project and CITY codes in addition to CONSULTANT’s Health and Safety Plan regarding necessary safety equipment and procedures used during performance of the CONSULTANT’s work and shall take necessary precautions for safe operation of the CONSULTANT’s work, and the protection of the CONSULTANT’s personnel from injury and damage from such work. b. Neither the professional activities of the CONSULTANT, nor the presence of the CONSULTANT’s employees or sub-consultants at the construction/project site, shall relieve the CONTRACTOR and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending, or coordinating their work in accordance with the Contract Documents, City codes, and any health or safety precautions required by pertinent regulatory agencies. CONSULTANT and its personnel have no authority to exercise any control over any CONTRACTOR or other entity or their employees in connection with their work or any health or safety precautions. 14. Spare Parts a. CONSULTANT shall prepare a list of required spare parts from the specifications and vendor O&M Manuals or recommended spare parts lists. b. CONSULTANT shall inventory spare parts as they are delivered by the CONTRACTOR and transfer spare parts to the CITY. The transfer of part shall be documented via material transmittal, signed by Contractor, CONSULTANT and CITY. 15. Operation and Maintenance (O&M) Manuals a. CONSULTANT shall prepare a list of anticipated O&M Manuals and track the submittal and review process in the online document tracking system. b. CONSULTANT shall verify that the submitted O&M manuals are the correct and latest version, and that the ‘lessons learned’ and notes taken during startup and Item 5
Attachment A -
Amendment No. 5 to
Contract No. C21179265C
with Carollo Engineers,
Inc.
Item 5: Staff Report
Pg.
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commissioning are included in the O&M manuals. CONSULTANT shall coordinate delivery of final hardcopies from CONTRACT to CITY. 16. Testing and Training a. CONSULTANT shall coordinate training requirements and activities. b. ENGINEER shall provide design assistance during testing operations. c. CONSULTANT shall work with CONTRACTOR, ENGINEER and CITY on the development of the Testing and Startup Plan. d. CONSULTANT shall provide oversight and administration of training and testing. e. CONSULTANT shall coordinate the training with the CONTRACTOR, vendor and CITY staff. Some equipment may need training for third party personnel with whom the CITY may be contracting with. CITY will provide the vendor contact information for CONSULTANT to coordinate with. Trainings shall be coordinated so that key CITY staff can attend; schedule shall accommodate key CITY staff/ Plant operations shifts. Multiple training sessions for day shift and night shift operators may be required. f. CONSULTANT shall observe start-up and testing as the CITY’s representative and maintain copies of start-up documentation in an organized binder that will shall be turned over at the end of the project. g. CONSULTANT shall attend training sessions and collect attendance sheets and copies of training material. h. If required by CITY, CONSULTANT shall coordinate production quality audio and video recording and editing of training sessions to be used for future training sessions. The final digital copy shall be labeled and have an introduction that indicates the type of training, the process area, the equipment name, the vendor(s) / manufacturer(s) if applicable, the date, and the CONTRACTOR. i. Refer CITY’s Demonstration and Training Standards for more details. 17. Corrective Work Item List a. The CONSULTANT shall prepare and maintain a Corrective Work Item list (CWL) with the input from the CITY and ENGINEER. b. CONSULTANT shall confirm that the items identified in the CWL are completed in preparation for issuance of Substantial Completion Certificate (SCC). c. CONSULTANT shall prepare the SCC for execution by the CITY and the CONTRACTOR when the Corrective Work Items are completed to the CITY’s, ENGINEER’s and The CONSULTANT’s satisfaction. D. Project Closeout Phase Tasks 1. Punch List and Final Inspection a. Punch List i. CONSULTANT shall in conjunction with the CITY prepare the list of outstanding deficiencies. ii. CONSULTANT shall prepare and issue the Punch List(s) from the list of deficiencies. iii. CONSULTANT shall have primary responsibility for verifying that the Punch List work is complete. b. Final Inspection i. CONSULTANT shall have primary responsibility for conducting the final inspection. 1) CITY will participate and provide input on the final inspection.
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Attachment A -
Amendment No. 5 to
Contract No. C21179265C
with Carollo Engineers,
Inc.
Item 5: Staff Report
Pg.
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2) ENGINEER will provide design input on final inspection items if determined necessary by the CITY. 3) CONSULTANT shall be responsible for oversight and review of the final inspection. 2. Warranty Coordination a. CONSULTANT shall maintain a warranty file in the online document tracking system. All warranty documentation shall be handed off to the CITY at conclusion of the contract. 3. Project Closeout a. CONTRACTOR shall furnish record documents, which the CONSULTANT will shall review and transmit to ENGINEER for conforming and final issuance to CITY. b. CONSULTANT shall prepare necessary CITY documentation recommending acceptance of the completed work by the CITY. c. CONSULTANT shall turnover project documentation to the CITY in an orderly manner and in a timely manner after completion of the project and all Punch- list activities. The CONSULTANT shall retain all change event files at the end of the project. The CITY shall have the right to request review and/or copies of the change events files.
Item 5
Attachment A -
Amendment No. 5 to
Contract No. C21179265C
with Carollo Engineers,
Inc.
Item 5: Staff Report
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Work Order No. 2B: Milestone Schedule of Performance TASK # MILESTONESNUMBER OF WEEKS TO COMPLETION FROM WORK ORDER #2A NOTICE TO PROCEED (NTP) NO LATER THAN DATE Task 1 Project Management168 Weeks 12/31/2026Task 2 Preconstruction Phase 12 Weeks1/1/2025Task 3 Construction Phase 168 Weeks12/31/2026Task 4 Project Closeout 168 Weeks12/31/2026 Work Order No. 2B: Milestone Compensation Schedule TASK # MILESTONES NOT TO EXCEED AMOUNT Task 1 Project Management $27,360Task 2Preconstruction Phase $33,360Task 3Construction Phase $1,050,640Task 4Project Closeout $33,360Task 5 Inspection Allowance$50,000 Sub-total Basic Services$1,194,720Reimbursable Expenses$0Total Basic Services and Reimbursable Expenses$1,194,720Additional Services (per Section 4) (Not to Exceed) $119,472Maximum Total Compensation$1,314,192 Item 5
Attachment A -
Amendment No. 5 to
Contract No. C21179265C
with Carollo Engineers,
Inc.
Item 5: Staff Report
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EXHIBIT “B”SCHEDULE OF PERFORMANCE, AMENDMENT NO. 45(AMENDED, REPLACES PREVIOUS)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.WORK ORDER #2Tasks 1-5 completed within 125 Weeks from the Notice to Proceed for Work Order 2, as detailed in the Milestone Schedule of Performance attached to Work Order #2 (Amendment No.1).WORK ORDER #3Tasks 1-5 completed within 276 Weeks from the Notice to Proceed for Work Order 3, as detailed in the Milestone Schedule of Performance attached to Work Order #3 (Amendment No.2).WORK ORDER #1ATasks 1-3 completed within 37 Weeks from the Notice to Proceed for Work Order 1A, as detailed in the Milestone Schedule of Performance attached to Work Order #1A (Amendment No.3).WORK ORDER #5Tasks 1-5 completed within 186 Weeks from the Notice to Proceed for Work Order 5, as detailed in the Milestone Schedule of Performance attached to Work Order #5 (Amendment No.4).WORK ORDER #2BTasks 1-4 completed within 186 Weeks from the Notice to Proceed for Work Order 2B, as detailed in the Milestone Schedule of Performance attached to Work Order #2B (Amendment No.5).
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Attachment A -
Amendment No. 5 to
Contract No. C21179265C
with Carollo Engineers,
Inc.
Item 5: Staff Report
Pg.
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EXHIBIT “C” COMPENSATION, AMENDMENT #5 (AMENDED, REPLACES PREVIOUS)CITY agrees to compensate CONSULTANT for on-call, as-needed, time-limited project support services performed in accordance with the terms and conditions of this Agreement, and as set forth in a specific Task Order budget schedule. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth in a specific Task Order. CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories within a specific Task Order, 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 in this Agreement shall be at no cost to the CITY. 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 ordinary 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: NONE up to the not-to-exceed amount of $0.00. WORK ORDER #2 Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #2., Not to Exceed: Total Basic Services and Reimbursable Expenses $549,315 Additional Services (per Section 4) (Not to Exceed)$54,932 Maximum Total Compensation$604,247 Item 5
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Amendment No. 5 to
Contract No. C21179265C
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WORK ORDER #3 Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #3., Not to Exceed: Total Basic Services and Reimbursable Expenses $7,488,201 Additional Services (per Section 4) (Not to Exceed)$748,820Maximum Total Compensation$8,237,021 WORK ORDER #1ACompensation as detailed in the Milestone Compensation Schedule attached to Work Order #1A., Not to Exceed:Total Basic Services and Reimbursable Expenses $246,700 Additional Services (per Section 4) (Not to Exceed) $141,838Maximum Total Compensation $388,538 WORK ORDER #5 Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #5., Not to Exceed: Total Basic Services and Reimbursable Expenses $3,773,987 Additional Services (per Section 4) (Not to Exceed) $377,399Maximum Total Compensation $4,151,386 WORK ORDER #2B Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #2B., Not to Exceed: Total Basic Services and Reimbursable Expenses $1,194,720 Additional Services (per Section 4) (Not to Exceed) $119,472Maximum Total Compensation $1,314,192 Item 5
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Amendment No. 5 to
Contract No. C21179265C
with Carollo Engineers,
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EXHIBIT C-2 SCHEDULE OF RATES, AMENDMENT NO. 5 (ADDED) CONSULTANT’S schedule of rates is as follows (by calendar year): SUBCONSULTANTS’ schedule of rates is as follows (by calendar year): SILVEIRA CONSULTING Item 5
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Amendment No. 5 to
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HALEY & ALDRICH (rates and services effective with Amendment #4) BAY AREA COATING CONSULTANTS, INC. (BACC)
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Amendment No. 5 to
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Amendment No. 5 to
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BIDDER Price REMARKS % Under
Anderson Pacific Engineering Construction 6,215,000$ Low Bidder -26.19% Vellutini Corp (Royal Electric) 6,450,000 $ -23.40% Engineer's Estimate 8,420,000 $ 0.00%
Attachment B - Bid Summary
12kV Electrical Power Distribution Loop Rehabilitation Phases 2-7, Bid Package 2 Invitation for Bids (IFB) Number: 192135
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Summary for IFB No.
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Project Title: 12KV Electrical Power Distribution Loop Rehabilitation – Phases 2 thru 7 - Bid Package 2 Invitation for Bids (IFB) Number: 192135
BID
ITEM
APPROX.Q
TY. UNIT DESCRIPTION APEC Vellutini (Royal)
SO'BE
(Engineer's
estimate)
REMARKS
11 L u m p S u m
Mobilization & De-mobilization: Includes all costs associated with the Contractor's mobilization and demobilization to and from the site and all general requirements, including but not limited to applicable permits.
$425,000 $200,000
City Bid Item
21 L u m p S u m
Stockpiling, Sampling, and Analyzing Soil Generated by
Construction for Waste Characterization; Transport and
Disposal of Soil as a Non-Hazardous Waste; Transport and Disposal of Soil as Non-RCRA California Hazardous Waste $105,000 $100,000
City Bid Item
31 L u m p S u m
Phase 2 Switch 1910X and CPAU Cabinet Replacement -This Bid Item is a lump sum item that includes all costs associated with Phase 2 of the project and all general requirements, including but not limited to applicable permits.
$1,625,000 $1,900,000 $2,690,000
41 L u m p S u m
Phase 3 Switch 1594 X Replacement -This Bid Item is a lump sum item that includes all costs associated with Phase 3 of the project and all general requirements, including but not limited to applicable permits.
$960,000 $1,000,000 $1,200,000
51 L u m p S u m
Canopy Structure for Load Centers 3 and 4 -This Bid Item is a lump sum item that includes all costs associated with the Canopy Structure and all general requirements, including but not limited to applicable permits.
$280,000 $450,000 $440,000
61 L u m p S u m
Civil, site work and Misc. work not listed above (exclude Bid Items 001 thru 005 above) - Includes all costs associated with the relocation of existing irrigation piping, relocation lighting circuit light fixtures, installation of new pole light fixtures, parking lot restriping, and any other items not covered above.
$45,000 $150,000
City Bid Item
7 1 Linear Feet Allowance: Any cost associated with unforeseen site conditions only as approved by the City Project Manager $100,000 $100,000 Allowance included by the City
BASE BID TOTAL $3,540,000 $3,900,000
Lump Sum ADD ALTERNATE BID ITEMS
81 L u m p S u m
Phase 4: Switch 1911X Replacement - This Bid Item is a lump sum item that includes all costs associated with Phase 4 of the project and all general requirements, including but not limited to applicable permits.
$925,000 $850,000 $1,300,000
91 L u m p S u m
Phase 6: Switch 1912X Repalcement - This Bid Item 4 is a lump sum item that includes all costs associated with Phase 6 of the project and all general requirements, including but not limited to applicable permits.
$1,000,000 $950,000 $1,550,000
10 1 Lump Sum
Phase 7: Switch 1913X Replacement - This Bid Item is a lump sum item that includes all costs associated with Phase 7 of the project and all general requirements, including but not limited to applicable permits.
$750,000 $750,000 $1,240,000
ADD ALTERNATES TOTAL $2,675,000 $2,550,000
GRAND TOTAL (BASE BID & ADD ALTERNATES) $6,215,000 $6,450,000 $8,420,000
TOTAL ITEM PRICE
Bid Form IFB192135 1 of 1
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Summary for IFB No.
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: October 28, 2024
Staff Report: 2407-3218
TITLE
Approval of Professional Services Contract Number C25190936 with WRA, Inc. in the Amount of $908,806 for the Design and Monitoring of the Arastradero Creek Permanent Restoration Project – Design Phase in the Pearson-Arastradero Preserve in the City of Palo Alto for a Period of 3 Years; CEQA status - Not a project.
RECOMMENDATION
Staff recommends that City Council approve and authorize the City Manager or designee to execute Contract Number C25190936 (Attachment A) with WRA, Inc. for design and construction management of the Arastradero Creek Permanent Restoration Project for a term of 3 year(s) and a total amount not-to-exceed $908,806, including $711,200 for basic services and $197,606 for additional services.
EXECUTIVE SUMMARY
The Arastradero Creek Permanent Restoration Project – Design Phase aims to provide a design and agency permits to permanently stabilize Arastradero Creek in the Pearson-Arastradero Preserve, following a significant storm event in early 2023 that exposed an 8-inch diameter steel high-pressure natural gas pipeline crossing the creek. Recognizing the urgency to protect existing utilities during the 2024 winter season, Staff obtained an emergency permit from the Army Corps of Engineers in 2023 to perform a temporary creek stabilization project, to protect the exposed gas pipeline and prevent further risk to a 16-inch potable water pipeline and 16- inch sewer collection pipeline that cross in the same location. The natural gas pipeline and potable water pipeline at this location are the only pipelines that provide utility service to the foothills.
WRA Inc. will provide the creek restoration permitting, design, construction monitoring support required of the permitting agencies to complete a full creek stabilization project. While WRA Inc. is gathering data for the permanent creek stabilization design, Staff will analyze the location of the existing utility pipelines and determine if relocating them to another location or deeper is feasible. If it is determined that relocation of the pipelines is feasible, Staff will conduct an inhouse design of the pipeline relocation and renegotiate the contract with WRA Item 6
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Inc. and return to City Council to amend the scope to provide similar environmental services (permitting, biological monitoring, and post construction monitoring) for the relocation of the utility lines. Some creek restoration and access road repair work will be required eventually with either outcome.
Staff is requesting approval of funding for the full creek restoration design Scope of Work and will return to City Council for approval for a construction contract in mid-2025 if the restoration project is selected.
This contract also allows staff to direct WRA to perform biological support for the design phase of the Foothill Rebuild project, as noted in Tasks 3 and 4 under Additional Services.
BACKGROUND
In March 2023, a community member informed the City of Palo Alto Utilities (CPAU) Department about an exposed 8-inch steel natural gas pipeline in Arastradero Creek within the Pearson-Arastradero Preserve. The pipeline was previously inspected in May 2022, and no damage was reported at that time. However, a storm event in early 2023 caused significant erosion in Arastradero Creek, exposing the 8-inch high-pressure gas pipeline and threatened to expose a 16-inch potable water and 16-inch wastewater collection pipelines servicing the foothills. A Safety Related Condition Report was sent to the California Public Utilities Commission, as required by Title 49 Code of Federal Regulations Part 191.23, on March 31, 2023.
The City contacted WRA, Inc. to assist with obtaining emergency permits and performing a creek design to temporarily stabilize the creek and protect the water, gas, and wastewater utility pipelines through the 2024 winter season. WRA, Inc. was issued an emergency contract due to extensive creek stabilization requirements required by the permitting agencies like the San Francisco Bay Regional Water Quality Control Board (SFBRWQCB), California Department of Fish and Wildlife (CDFW), and United States Army Corps of Engineers (USACE). The emergency contract, as defined in Palo Alto Municipal Code (PAMC) Section 2.30.160, was authorized by the City Manager and later presented to City Council September 23, 2023, Staff Report #2309- 20861, for additional design, biological monitoring, and creek restoration work. A Regional General Permit No. 5 was issued by the USACE to place fill material, including soil, cobbles, and boulder revetments, within Waters of the United States, for necessary repairs and protection measures. The fill provided temporary protection for the exposed gas pipeline and prevented additional erosion of the creek to protect the 16-inch potable water pipeline and 16-inch sewer collection pipeline upstream. Temporary restoration work started in September 2023 and was completed in November 2023.
As part of the emergency permit, the City received a Notice of Applicability (NOA) from the SFBRWQCB, which listed regulatory requirements for the City to comply with. One of those 1 Staff Report #2309-2086
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requirements is for the City to remove the temporary stabilization fill and permanently stabilize the creek to provide long-term protection to the pipelines or relocate the pipelines. As part of the NOA, a civil liability of $5,000 per day could be imposed upon the City’s for failure to comply with these requirements. A preliminary project schedule was approved by SFBRWQCB to complete the permanent creek stabilization project or relocate the pipelines by October 2026.
ANALYSIS
CPAU engineering staff will evaluate the feasibility of and requirements for relocating the utilities deeper or around Arastradero Creek. WRA, Inc. (Consultant) will evaluate (1) the feasibility of and requirements for creek restoration to address the causes of erosion and (2) the environmental and permitting requirements for both utility relocation and creek restoration options, including any post construction monitoring required of the permitting agencies.
Project Description
The Arastradero Creek Permanent Restoration Project – Design Phase aims to determine the cause of the creek erosion through engineering and hydrological investigation and develop a design approved by the permitting agencies. The work will also include any reporting, construction support, and monitoring required by the agencies. Contract C25190936 requires the evaluation of at least three options outlined in the SFBRWQCB NOA:
Option 1 Modifying Lake Arastradero;
Option 2 Lowering utility pipelines below the predicted equilibrium slope of the head cut; Option 3 Implementing a larger stabilization design with multiple grade control features provided by the SFBRWQCB.
In short, the City has developed the following five tasks for the Consultant to perform. •Task 1 – Assessing the creek’s condition, identifies causes of instability, and evaluating ecological importance.
•Task 2 – Drafting project documents, coordinating with the City and permitting agencies, and ensuring the final design meets requirements.
•Task 3 – Obtaining permits, preparing applications, and ensuring compliance. •Task 4 – Developing a plan to restore native plants, stabilize soil, and enhance habitat. •Task 5 – Supporting staff’s construction management, conducts biological monitoring, and completes necessary reporting, including two years of post-construction monitoring.
After completion of Task 1 and staff proposes a preferred option, the Consultant will develop and submit the design and environmental permitting documents for proposed option to the appropriate regulatory permitting agencies for review and comment. The environmental Item 6
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determination and final design proposed by WRA must receive approval from City Staff, City Council, and/or regulatory agencies, as appropriate.
WRA Inc. will complete Task 1 while Staff is evaluating Option 2 – lowering the utility pipelines.
If Staff determines Option 2 to be the City’s preferred option, WRA Inc. would still assist Staff with design support, permitting, construction services support, revegetation plant plan, and post construction monitoring for the utility relocation work. Relocating the pipelines would result in a smaller creek restoration project. If Option 2 is the preferred option, Staff anticipates that the full budget of this contract will not be needed to complete Tasks 2-5.
In addition to these services for the Arastradero Creek Permanent Restoration Project – Design Phase, this contract allows staff to direct WRA to perform biological support for the design phase of the Foothill Rebuild project, as noted in Tasks 3 and 4 under Additional Services.
Solicitation Process
The City issued a Request for Proposal (RFP) for professional services for the Arastradero Creek Permanent Restoration Project – Design Phase. It was posted on the OpenGov e-procurement website on May 16, 2024, with bids due on June 4, 2024.
The City received three (3) proposals from Balance Hydrologics, Haley & Aldrich, Inc., and WRA, Inc. Staff reviewed and evaluated the three proposals in accordance with factors defined in the Palo Alto Municipal Code Section 2.30.410. Based on cost-effectiveness, environmental impact assessment, engineering design standards, revegetation plan, and regulatory compliance, the evaluation committee selected Balance Hydrologics and WRA Inc. as the top two proposers to present their solutions outlined in their proposal at an in-person presentation. WRA, Inc. was selected as the top-ranked proposer, even though they were higher in cost. WRA, Inc. is a moderately sized environmental engineering firm with adequate resources to allocate staff to perform the work under this contract and have performed satisfactorily on previous projects for the City.
Below is the procurement summary table:
Table 1: Summary of Request for Proposal
Project Bid Name/Number Arastradero Creek Permanent Restoration Project RFP190936
Proposed Length of Project 500 Working Days
Number of Bid Packages Downloaded by
Contractors 3
Total Days to Respond to Bid 12 working days
Mandatory Pre-Bid Meeting Yes
Number of Company Attendees at Pre-Bid Meeting 5
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Number of Bids Received 3
Base Bid Price Range $460,976 -$742,666
Public Link to Solicitation https://procurement.opengov.com/governments/650/pr ojects/96223/evaluation/document?phase=undefined
Staff reviewed and negotiated with WRA Inc. on their proposal for a total defined scope of $711,200. Due to significant uncertainty and the likelihood of unforeseen circumstances, the completion deadline imposed on the City by the Regional Water Quality Control Board, as well as the potential consequences of delays, such as regulatory enforcement actions, fines, and the need for compensatory mitigation, the attached contract includes an additional service provision of $197,606, which is 28% of basic services, to address any unexpected conditions that may occur. This amount exceeds the City’s 10% standard because the additional services may include, but not limited to, geotechnical boring for the utility pipeline relocation, vegetation clearing, United States Fish and Wildlife Services Section 7 biological monitoring, development of a temporary irrigation plan, and biological monitoring for the installation of conduit. These services are included in the additional services amount and will not be determined until the final scope of the project is determined. The total contract price will not exceed $908,806.
FISCAL/RESOURCE IMPACT
There is sufficient budget in FY 2025 in capital improvement project (GS-25001) Gas Line Repair at Arastradero Creek to fund this contract. Additional funds for the construction phase will be added in FY2026 budget cycle. The Water Fund and Wastewater Fund may contribute to the project and the allocation will be determined after the evaluation and design is complete. Work on the Foothill Rebuild project will be funded by capital improvement project (EL-21001) Foothills Rebuild (Fire Mitigation).
STAKEHOLDER ENGAGEMENT
The key stakeholders for this project include the Utilities Department, Community Services Department - Open Space, USACE, CDFW, and SFRWQCB. Engagement strategies include coordination between agencies, meetings, website updates, and updates to ensure regulatory compliance.
ENVIRONMENTAL REVIEW
Approval of this contract for evaluation, design, permitting, and monitoring of the Arastradero Creek Permanent Restoration Project is not a project under the California Environmental Quality Act (CEQA), pursuant to the California Public Resources Code Section 21065, because it is not an activity that will cause a direct physical change in the environment. The work under this contract will assess whether the construction phase of the Arastradero Creek Permanent Restoration Project needs an environmental review under CEQA. The project might qualify for exemptions, such as exemptions related to minor modifications and habitat restoration (Class 1 – Existing Item 6
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Facilities, Class 4 – Minor Alterations to Land, and Class 33 – Small Habitat Restoration Projects).
A detailed review under this contract will evaluate potential impact on sensitive habitats, endangered species, or cultural resources. If an exemption does not apply, an Initial Study will determine if a Negative Declaration or Environmental Impact Report (EIR) is needed, ensuring the project follows all environmental regulations and supports the creek’s long-term stabilization.
ATTACHMENTS
Attachment A: Contract C25190936
APPROVED BY:
Dean Batchelor, Director of Utilities
Staff: Edmar David, Water, Gas and Wastewater Engineer
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Professional Services
Rev. Jan 29, 2024
CITY OF PALO ALTO CONTRACT NO. C25190936
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND WRA, INC.
This Agreement for Professional Services (this “Agreement”) is entered into as of the 7th day of October, 2024 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and WRA, INC. , a corporation, located at 2169 Francisco Blvd., Suite G, San Rafael, CA 94901 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:
RECITALS
A. CITY intends to plan and monitor restoration of the Arastradero Creek (the “Project”) and desires to engage a consultant to evaluate the Arastradero Creek tributary and complete a design, with approval from the jurisdictional permitting agencies, to address the source of a six-foot head cut and protect critical water, gas, and wastewater utility pipelines crossing the Arastradero Creek 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.
Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.)
CITY may elect to, but is not required to, authorize on- call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation).
CONSULTANT shall provide on- call Services only by advanced, written authorization from CITY as detailed in this Section. On -call Services, if any, s hall be authorized by CITY, as needed, with a Task Order assigned and approved 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 s ervices, schedule of performance and Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6
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Professional Services
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maximum compensation amount, in accordance with the provisions of this Agreement.
Compensation for on-call 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 within 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 due to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on -call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through October 6, 2027 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.
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 Seven Hundred Eleven Thousand Two Hundred Dollars ($711,200.00). 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 the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of One Hundred Ninety-Seven Thousand Six Hundred Six Dollars ($197,606.00) 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 Eight Hundred Fifty - Eight Thousand Eight Hundred Six Dollars ($908,806.00), as detailed in Exhibit C.
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“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 within 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 S ervices performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, 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 specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.
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 A greement s hall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6
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Professional Services
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throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH L AWS. 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 u nder 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 responsible 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 su bmit 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, at no additional cost to CITY.
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 wi ll 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 re lated to CONSULTANT’s performance of the S ervices, 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 CONSULTANT’s obligations hereunder without the prior written approval of the C ity Manager. Any purported assignment made without the prior written approval of the City 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, successors, executors, administrators and assignees of the Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6
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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 City 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:
1. Crawford & Associates, Inc.: Geotechnical services for soil borings and evaluations.
2. Hogan Land Services: Topographic survey and subsurface utility locate for Data Collection
3. Tom Origer & Associates: Cultural resources analysis in support of CEQA compliance and regulatory permitting.
CONSULTANT shall be responsible for directing 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 subcontractors . 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 Andrew Smith, PE, Telephone: 408-499-9479, 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. If circumstances cause the substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project 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 Aaron Perkins, Utilities Department, WGW Division, 1007 Elwell Ct., Palo Alto, CA , 94301, Telephone: 650-566-4521, 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.
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SECTION 1 4. OWNERSHIP OF MATERIALS . A ll 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 to 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.
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.
16.2. Notwithstanding the above, nothing in this Section 1 6 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 Services 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.
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this Agreement is effective unless it is in writing in accordance with Section 2 9.4 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 partial 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 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 Agreement, 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 provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6
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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 wi ll 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 S ervices provided in material conformity with this Agreement as such determination 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
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.
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21.2. CONSULTANT further covenants that, in the performance of thi s 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 time . 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 S ection 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, pregna ncy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT 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, first, minimizing and reducing waste; second, reusing waste ; and, third, recycling or composting waste. In particular, C ONSULTANT 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 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6
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greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by C ONSULTANT 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. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. COMPLIANCE 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 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 S ection 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 CITY has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the State of California De partment 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) 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 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6
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implementing regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.) , as amended from time to time. 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 not a 9204 Public Works Project.
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 S ection 1798 et seq., as amended from time to time) and materials, in any form or media, tangible 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 rightfully obtained by CONSULTANT from a third party without breach of any confidentia lity 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, provided that CONSULTANT will notify CITY in writing of such order immediately upon Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6
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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, CONSULTANT 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 t hird 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 Munic ipal 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 t he 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 Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6
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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.
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.
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
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
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CONTRACT NO. C25190936 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
WRA, INC.
By:__________________________________
Name:_______________________________
Title:________________________________
By:__________________________________
Name:_______________________________
Title:________________________________
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Geoff Smick
Secretary
Kirk Uhrlaub
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”.
CONSULTANT will provide:
Task 1 – Data Collection
Subtask 1.1 Background Information
CONSULTANT will gather available background data to inform the permanent restoration of the Arastradero Creek. As part of this effort, CONSULTANT will review all documents developed in 2023 as part of the emergency effort. Documents include The Basis of Design Memorandum (WRA 2023), the General Certification issued by the Water Board, and the USACE’s Regional General Permit, including comments received from CDFW. In addition, CONSULTANT will gather and review available background information as provided by the City and other subconsultants (i.e., geotechnical, survey, and cultural resources). CONSULTANT will assess all pertinent data to confirm the cause(s) of channel instability including hydrological changes, tributary culvert and upstream influences (e.g., upstream pond), hydrological changes and fluctuating lake levels, and identify any sensitive habitats or species the stabilizations may impact. A site assessment, described in Task 4, will be used to validate desktop findings.
Subtask 1.2 Hydrological Monitoring
CONSULTANT will identify key hydrological parameters to monitor, select appropriate monitoring methods and equipment, determine the frequency and duration of monitoring activities, collect and analyze hydrological data, and collaborate with the stakeholders to ensure that monitoring efforts align with the project goals and regulatory requirements. As part of this subtask, CONSULTANT will collect the data from data loggers that were installed as part of the 2023 Temporary Creek Stabilization Project. The data will be presented in narrative and graphical format in the Basis of Design (BoD).
Subtask 1.3: Topography
CONSULTANT team will work closely with the stakeholders designated by CITY to collect additional topographic data necessary for the overall stabilization design plan.
CONSULTANT will gather topographic survey data to supplement existing LiDAR data and develop a digital elevation model (DEM) suitable for design. CONSULTANT may direct subconsultant, Hogan Land Services, Inc. (Hogan) to perform this work.
The DEM will reflect current site conditions and will be used to identify any terrain adjustments occurring since the LiDAR data was collected. Additionally, key Project elements will be surveyed, i.e. exposed infrastructure, tributary culvert inverts, road surface and dam features.
CONSULTANT will conduct a site visit during the survey to ensure all appropriate data is collected and to assess the site for any additional changes since the 2023 temporary project was Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6
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completed.
Subtask 1.4: Hydrologic and Hydraulic (H&H) Modeling
CONSULTANT will gather and analyze the creek’s hydrological characteristics and hydraulic behavior. CONSULTANT will use the gathered data gathered to develop a hydraulic model that shows how water moves through the creek under different conditions. CONSULTANT’s model will help propose stabilization measures for the design through the creek’s flow pattern and bank stability.
CONSULTANT will use a range of design flow rates to evaluate hydraulic conditions for compliance with acceptable criteria. CONSULTANT will consider a range of flows that includes base flow up to the 100-year return interval runoff.
To validate hydrology estimates, CONSULTANT will utilize data retrieved from water data loggers installed along Arastradero Creek in 2023 (described in Subtask 1.2). CONSULTANT will compare this data to the updated survey, rainfall, and hydraulic conditions to calibrate our models. CONSULTANT will also validate bankfull discharge estimates by assessing stable reaches of Arastradero Creek upstream of the Project area.
Subtask 1.5: Subsurface Utility Locates
CONSULTANT will identify and survey the vertical and horizontal location of all pertinent utility lines within, and/or adjacent to, anticipated area(s) of disturbance near the temporary repair and the erosion at the road culvert. CONSULTANT's surveyors will collaborate with CONSULTANT's local technicians to collect survey data at pertinent utility locations.
CONSULTANT will use this data to illustrate exact utility locations in the plan and profile sheets of the plan set.
Subtask 1.6 Tree Survey
Part of the background data collection needed is a survey of the existing riparian trees in the Project area, which CONSULTANT will perform. The extent of the survey would include all trees over 4” diameter at breast (dbh) height with canopies that overlap the work area (which includes where any earthwork, access, or staging could occur). CONSULTANT will collect data to understand site constraints from an access and restoration design perspective, and to understand what tree impacts may be for the regulatory agency permits. To conduct this task, CONSULTANT will ensure that all trees that meet the survey criteria will be identified to species, tagged with an aluminum tree tag with a unique identification number, and mapped using high-grade GPS so they can be plotted on the design drawings. CONSULTANT will collect additional information about the tree’s dbh, height, canopy width, and general health.
CONSULTANT has certified arborists that will complete this task.
Subtask 1.7: Geotechnical Borings
CONSULTANT may direct subconsultant, Crawford and Associates (Crawford), to perform the following work.
Creek Restoration
As part of the data gathering process, CONSULTANT will visit the site to make a geologic reconnaissance of the creek banks. The geologic reconnaissance will be about 1,400 linear feet Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6
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and will begin slightly upstream of the temporary creek restoration and continue to Lake Arastradero. As part of the data collection, Crawford will observe and visually classify the soils exposed within the creek banks, observe slope stability of existing creek banks and collect about four grab samples within the creek for gradation analysis following ASTM D6913. (about every 300 to 500 ft). CONSULTANT will also collect two grab samples at the identified potential borrow locations for gradation analysis. The gradation analysis is limited in the size of material and may not be fully representative if large granular materials are present.
CONSULTANT will also complete two hand auger borings to a maximum depth of 5 ft (or until hand auger refusal) to classify potential borrow material within the flood plains.
CONSULTANT will collect soils data following the 30% design milestone to inform the 60% design. CONSULTANT will visit the site and mark boring location for USA north 811, coordinate the drilling, and obtain the required County boring permit. CONSULTANT will drill up to two exploratory borings to depths of up to 20 feet near proposed grade control structures.
CONSULTANT will drive Standard Penetration Test and modified California samples to obtain sample and blow count information. Unless otherwise directed by CITY, CONSULTANT will use a small, limited access track rig for borings.
Trail Roadway Rehabilitation
CONSULTANT will ensure subconsultant will complete the following to support the trail rehabilitation. CONSULTANT will review the failure site and complete one additional boring to a depth of 15 to 20 ft. CONSULTANT will direct an engineer/geologist to direct the sampling and log the boring, which will be sampled at 2.5 ft intervals in the upper 10 feet and at 5-foot intervals thereafter. CONSULTANT will drive Standard Penetration Test and modified California samples to obtain samples and blow count information. CONSULTANT will probe around the failure and at the bottom of creek to help determine the depth of disturbed material and correlate near-surface soils. CONSULTANT will complete laboratory testing on the samples collected consistent with Subtask 1.8. If access is unavailable due to conflict with existing utilities, CONSULTANT will instead complete two Dynamic Cone Penetrometers.
Subtask 1.7a Geotechnical Borings (Add-Alternate Item)
At CITY’s request via Task Order, CONSULTANT will complete an additional boring of up to 40 ft near the location of the exiting utilities. This boring location will be used to inform implementation of Option 2: Lowering utility pipelines below the predicted equilibrium slope of the head cut.
Subtask 1.8 Geotechnical Evaluation
CONSULTANT will provide geotechnical engineering services to inform the design and construction of the channel improvements. CONSULTANT will conduct laboratory testing on recovered samples obtained as part of the data gathering effort to classify the subsurface soils and to develop the geotechnical engineering design criteria, including analytical testing.
CONSULTANT’s laboratory testing will include moisture content and unit weight, sieve analysis, hydrometer and plasticity index. The exact type and quantity of the testing will be established when the field exploration is complete and subsurface samples are obtained.
CONSULTANT’s tests will adhere to recognized industry standards.
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CONSULTANT will develop a preliminary geotechnical memorandum to support the 30% design. CONSULTANT's preliminary memorandum will include the following: characterizing existing soils, estimating compaction/shrinkage percentages for cut and fill estimates, identifying soil strata and water table depths, and anticipated stable slope conditions.
For the 60% design, CONSULTANT will complete an engineering analysis. CONSULTANT will provide geotechnical considerations for cause(s) of failure and potential for future slope movement, slope mitigation recommendations, and construction considerations for the roadway repair. CONSULTANT will include the boring(s), laboratory results, and recommendations with the draft geotechnical memorandum developed with the 60% design. CONSULTANT’s draft geotechnical memorandum will address the following:
• Project description, scope of work, site description
• Subsurface exploration
• Soil and groundwater conditions
• Field and laboratory testing
• Site geology and seismicity summary
• Geotechnical recommendations for bank stability at the grade control locations • Location map, boring logs, and laboratory test results Following input from regulatory agencies and the CITY, CONSULTANT will finalize the geotechnical memorandum to coincide with the 100% design.
Subtask 1.9: Biological Resources Assessment and Wetland Delineation CONSULTANT will produce a formal Biological Resources Technical Report (BRTR) to support the CEQA process and formal regulatory permitting. CONSULTANT biologists will conduct a site visit to assess for the potential of special status species to occur. CONSULTANT will also map any sensitive habitats such as creeks, wetlands, riparian habitat, and the lake.
CONSULTANT will prepare the BRTR will be prepared to address all CEQA biological requirements. In addition, CONSULTANT will prepare a wetland delineation map and associated memo for Army Corps verification. CONSULTANT will provide draft reports to the CITY for one round of review. CONSULTANT will finalize draft reports based on CITY’s review.
Subtask 1.10: Cultural Resources Assessment
CONSULTANT will complete of a review of the potential for cultural resources, as required by CEQA and the Army Corps permitting process as part of the project entitlement process.
CONSULTANT may direct subconsultant, Thomas Origer Associates, to conduct the review of the cultural resources database to determine if any recorded sites are known from the area.
CONSULTANT will then conduct a pedestrian survey of the site to assess the Project area.
CONSULTANT will provide a report summarizing the findings from the database inquiry and site visit. If any sensitive cultural resources are found, CONSULTANT will provide suggested mitigation measures to support project implementation in a responsible manner.
Optional Subtask 1.11: Vegetation Clearing (Add-Alternate Item) At CITY’s request via Task Order, CONSULTANT will clear poison oak and other overgrowth Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6
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prior to survey and site assessment to permit ease of access.
Task 1 Deliverables:
• Hydrological Monitoring Data
• Existing Conditions Topographic Map in CAD
• Horizontal and vertical location of utility lines along road at bank erosion location and creek crossing integrated into CAD basemap
• Location of Protected (City of Palo Alto) and Riparian (CDFW) trees regulated in the project area
• Biological Resources Technical Report and Map of Jurisdictional Waters of the U.S. and State
• Cultural Resources Report
Task 2: Design
Subtask 2.1: 30% Design Stage
CONSULTANT will develop the preliminary Basis of Design (BoD) report outlining the project’s scope, objectives, and preliminary design plan. The hydrologic, hydraulic and geotechnical analyses will be included with the BoD. CONSULTANT will develop a 30% design plan set including the following sheets:
• Title
• General Notes
• Existing Conditions
• Construction Access and Staging
• Plan and Profile
• Cross Sections
• Revegetation Plan & Palette (per Task 4)
• Details
CONSULTANT will develop an opinion of probable construction cost (OPCC) consistent with the Association for Advancement of Cost Engineering International (AACE) Class 3 Estimate characteristics for the 30% design.
CONSULTANT will reference City of Palo Alto Standard Specifications to compile technical specifications. CONSULTANT will identify anticipated modifications to the standard specifications due to unique design elements for the 30% design.
Where feasible, CONSULTANT will incorporate elements of the temporary project (e.g. boulder and cobble) into the permanent design. CONSULTANT will address removal of material deemed inappropriate for reuse from the temporary project in the 30% BoD.
CONSULTANT will submit these documents and drawings to the City for review.
CONSULTANT will revise the BoD and drawings according to CITY’s comments and feedback.
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CONSULTANT will conduct at least one set of revisions from the City before submitting to the regulatory agencies for review. CONSULTANT will facilitate coordination meetings with the City and permitting agencies for feedback on the design.
Subtask 2.2: 60% Design Stage
Building upon the 30% drawings and BoD, CONSULTANT will further refine BoD and Plan, Specifications, and OPCC. CONSULTANT will then submit draft versions of these documents to the City for review. CONSULTANT will conduct at least one round of revisions with the City before submitting the documents to the permitting agencies. CONSULTANT will make revisions to address feedback from the regulatory agencies. CONSULTANT will facilitate coordination meetings with the City and permitting agencies for feedback on the design.
CONSULTANT will develop an OPCC consistent with the AACE Class 2 Estimate characteristics for the 60% design. CONSULTANT will compile a complete set of standard specifications, including descriptions of any necessary variances required for unique design elements.
Subtask 2.3: 90% Design Stage
CONSULTANT will finalize the BoD, plans, specifications and OPCC, incorporating all City and permitting agency feedback and comments. CONSULTANT will submit the final draft documents to the City for review. CONSULTANT will conduct at least one round of revisions with the City before submitting the documents to the permitting agencies. CONSULTANT will then submit the documents to the permitting agencies to ensure all comments have been addressed and the design meets all the requirements. CONSULTANT will facilitate coordination meetings with the City and permitting agencies for feedback on the design.
CONSULTANT will develop an OPCC consistent with the AACE Class 1 Estimate characteristics for the 90% design. CONSULTANT will modify the 60% specifications as needed to develop 90% specifications.
Subtask 2.4: 100% Design Stage
CONSULTANT will develop and submit the final, approved BoD, Plans, Specifications and OPCC to the City and permitting agency for approval. The City and permitting agency will review the documents one final time to ensure all requirements have been met and the design is ready to go out on bid and implementation. CONSULTANT will facilitate coordination meetings with the City and permitting agencies for feedback on the design.
CONSULTANT will develop an OPCC consistent with the AACE Class 1 Estimate characteristics for the 100% design. CONSULTANT will modify the 90% specifications as needed to develop the 100% specifications.
Subtask 2.5 Alternatives Evaluation
CONSULTANT will prepare an analysis of conceptual alternatives for design options in the Project area in a collaborative process with the City. This includes a comparison of the options discussed in the Regional Board permit and evaluating a range of criteria such as cost, safety, and operation & maintenance.
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CONSULTANT will develop a scope of work according to permit requirements and CITY direction and corresponding professional services (e.g. design support, permitting, construction services support, revegetation plant plan, post construction monitoring support) fee estimate for delivering the utility relocation project. CONSULTANT will develop an OPCC consistent with the AACE Class 4 Estimate characteristics for each of the alternatives provided by the Water Board. CONSULTANT will develop an Alternatives Evaluation memorandum that will include the recommendation of a preferred design concept to carry in to the preliminary 30% design.
Task 2 Deliverables:
• Alternatives Evaluation Memorandum
• 30% Design Plan Set, OPCC, and BoD Memorandum
• 60% Design Plan Set, OPCC, and BoD Memorandum
• 90% Design Plan Set, OPCC, and BoD Memorandum
• 100% Design Plan Set, OPCC, and BoD Memorandum
Task 3: Permitting
CONSULTANT will identify the requirements of all relevant permitting agencies during the 30%, 60%, 90%, and 100% design stage. CONSULTANT will prepare and submit thorough application packages that address the agencies’ requirements. CONSULTANT will engage with the agencies throughout the application review process. The permitting agencies include, but may not be limited to:
A. California Department of Fish and Wildlife (CDFW)
B. U.S. Army Corps of Engineers (USACE)
C. San Francisco Regional Water Quality Control Board (SFRWQCB) D. California Environmental Quality Act (CEQA) / Initial Study Negative Declaration (ISND)
It is possible that a Biological Opinion from the U.S. Fish and Wildlife Service (USFWS) for Section 7 Endangered Species Act (ESA) Consultation will be required. This is discussed in Subtask 3.1.
The long-term channel stabilization project can be planned and designed from the outset as a multi-benefit project, maximizing ecological improvement that results in a stable channel and grade, restored native riparian habitat, and long-term protection of the existing utility lines as key outcomes. With project goals including native riparian and wetland habitat restoration, and restored channel function for long-term habitat gains, this design can be the basis for pre- application discussions with agency staff from USACE, CDFW, SFBRWQCB and USFWS on the applicability of programmatic permitting. Potential programmatic pathways, if supported by each agency, include the California Endangered Species Act Restoration Management Permit (RMP) for San Francisco garter snake, RWQCB 401 Statewide Restoration General Order (SRGO) and Programmatic Environmental Impact Report (PEIR), and USFWS Statewide Programmatic Biological Opinion for California red-legged frog and San Francisco garter snake.
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If the agencies determine that the project’s stream stabilization and utility line protection goals are not consistent with programmatic restoration permits and approvals, CONSULTANT will prepare and submit standard permit applications that meet all regulatory requirements for approval by the regulatory agencies.
These standard permits from the regulatory agencies include a Section 404 Nationwide Permit from the USACE, a 401 Water Quality Certification from the SFRWQCB, and a 1602 Lake or Streambed Alteration Agreement from the CDFW (in addition to the potential Biological Opinion from the USFWS). CEQA in the form of an Initial Study/Mitigation Negative Declaration will also be required.
CONSULTANT will act as the City’s Agent for the permitting process, complete all draft permit applications, provide to the City for one round of review, and then submit the applications and any additional required information as needed to the respective agencies. CONSULTANT will schedule and lead a pre-application meeting with the agencies if required and follow up with the agencies regularly to ensure the project is adhering to the schedule. If any additional information is requested by the agencies, CONSULTANT will work with the City to provide that.
Similarly, CONSULTANT has recently successfully utilized the CEQA Statutory Exemption for Restoration Projects (SERP) available from CDFW to streamline the environmental review process. As the project description is developed and refined, CONSULTANT proposes to explore the potential applicability of the SERP to the project in consultation with CDFW’s Cutting Green Tape team. If SERP is viewed as a viable alternative to standard CEQA review, CONSULTANT would propose preparing the required documentation to support CDFW concurrence. If it is concluded that the utility line protection aspect of the project disqualifies it from SERP, CONSULTANT staff is highly experienced at preparing CEQA documents and proposes preparing an Initial Study/Mitigated Negative Declaration (IS/MND) for the project consisting of the following components:
• A CEQA-level description of the project
• Administrative draft IS/MND
• Screencheck IS/MND
• Published IS/MND for 30-day review accompanied by the CEQA Notice of Intent • Mitigation Monitoring and Reporting Program
• Final IS/MND consisting of revisions and responses to comments on the public draft IS/MND
• CEQA Notice of Determination
The IS/MND will incorporate information from the cultural resources study, hydrology and hydraulics report, biological resources assessment, and other technical supporting material as appropriate. The IS/MND should be prepared once the project description is largely complete and stable, usually at the 60% design stage (although potentially earlier). It is assumed that the City will be the Lead Agency and that both CDFW and the RWQCB will serve as Responsible Agencies.
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Upon receiving permit approvals, CONSULTANT will update the project Mitigation Monitoring and Reporting Plan to ensure the Project’s compliance with all the permit conditions.
CONSULTANT will use our internal project management software to monitor the permit’s status and ensure the project is on schedule. The design and construction management team will also stay in coordination with the permitting staff during project implementation to determine if there are permit amendments required if any meaningful changes to the design or implementation are needed.
Subtask 3.1: USFWS Section 7 Biological Opinion (Add-Alternate Item) California red-legged frog, a federally listed species, is known from Matadero Creek, which Arastradero Creek is tributary to, less than 2 miles downstream of the Project. Arastradero Lake also provides suitable breeding habitat for the species. In addition, San Francisco Garter Snake, another federally listed species, is known from the region, and the lake also supports habitat for it. And finally, western pond turtle was recently proposed for listing as threatened under the federal ESA. There is a high likelihood it will be formally listed prior to the project going to construction, and it has a high likelihood of occurring in Arastradero Lake. Because of the potential for presence of these species, CONSULTANT feels it is likely that the Corps of Engineers will initiate Section 7 Consultation with the USFWS. CONSULTANT will develop a Biological Opinion as part of this task if required.
Task 3 Deliverables:
• CDFW permit application package and permit
• USACE permit application package and permit
• SFRWQCB permit application package and permit
• Draft and Final Initial Study/Mitigated Negative Declaration
Task 4: Revegetation Plant Plan
CONSULTANT landscape architect and biologist will conduct a site assessment to evaluate current conditions and collect any necessary data to support the revegetation plant plan. We will collect data on existing vegetation, including native and invasive, non-native plants, and gather other relevant data on hydrology and soils as needed. We will also characterize the organization of existing riparian vegetation with respect to the channel cross section and aspect. The revegetation plant plan will include planting and erosion control plans and specifications, and the intention of the plans are to effectively stabilize the soil, prevent erosion, improve water quality, and enhance habitat for wildlife. The plant plan will consist of the proposed planting areas along the creek banks and surrounding areas, typical planting layouts, planting details, and a plant palette composed of species reflective of the native plant communities ecologically appropriate to the site. The erosion control plans will include seeding areas and erosion control measures as required for disturbed areas. CONSULTANT will develop a seed mix list that will be reviewed by GrassRoots Ecology. The planting plan and erosion control plan will be prepared at the 30%, 60%, 90%, and 100% design stages as described in Task 2.
Optional Subtask 4.1: Temporary Irrigation Plan (Add-Alternate Item) A plan will be prepared for a temporary irrigation system to provide supplemental water to the plantings during the establishment period. We will work with the City to determine the location of the point of connection for irrigation water. The water main is unavailable near the site. We Docusign Envelope ID: DCF713E5-48EE-4F9C-9680-FB693950B96F Item 6
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