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2020-06-01 City Council Agenda Packet
City Council 1 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Monday, June 1, 2020 Regular Meeting 5:00 PM Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in the Council Chambers on the Thursday 11 days preceding the meeting. ****BY VIRTUAL TELECONFERENCE ONLY*** https://zoom.us/join Meeting ID: 362 027 238 Phone:1(669)900-6833 Pursuant to the provisions of California Governor’s Executive Order N-29-20, issued on March 17, 2020, to prevent the spread of Covid-19, this meeting will be held by virtual teleconference only, with no physical location. The meeting will be broadcast on Cable TV Channel 26, live on YouTube at https://www.youtube.com/c/cityofpaloalto, and Midpen Media Center at https://midpenmedia.org. Members of the public who wish to participate by computer or phone can find the instructions at the end of this agenda. To ensure participation in a particular item, we suggest calling in or connecting online 15 minutes before the item you wish to speak on. TIME ESTIMATES Time estimates are provided as part of the Council's effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public. HEARINGS REQUIRED BY LAW Applicants and/or appellants may have up to ten minutes at the outset of the public discussion to make their remarks and up to three minutes for concluding remarks after other members of the public have spoken. Call to Order Closed Session 5:00-6:30 PM A.CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (Ed Shikada, Rumi Portillo, Molly Stump, Monique LeConge Ziesenhenne, Nick Raisch, Kiely Nose, Gina Roccanova) Employee Organizations: Utilities Management and Professional Association of Palo Alto (UMPAPA); Service Employees International Union, (SEIU) Local 521; Service Employees International Union, (SEIU) Local 521, Hourly Unit; Palo Alto Police Officers Association REVISED 2 June 1, 2020 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. (PAPOA); Palo Alto Fire Chiefs’ Association (FCA) and Employee Organization: International Association of Fire Fighters (IAFF), Local 1319; Palo Alto Police Manager’s Association (PAPMA) Authority: Government Code Section 54957.6(a) Agenda Changes, Additions and Deletions Oral Communications 6:30-6:45 PM Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes. Minutes Approval 6:45-6:50 PM 1.Approval of Action Minutes for the May 4 and May 18, 2020 City Council Meetings Consent Calendar 6:50-6:55 PM Items will be voted on in one motion unless removed from the calendar by three Council Members. 2.Approval of Contract Number C20178122 With Stoloski & Gonzalez, Inc. in the Amount of $2,082,178 for the Loma Verde Avenue Trunk Line Improvements Project (SD-19000), and the Storm Drainage System Replacement and Rehabilitation Project (SD-06101) 3.Approval of Utilities Enterprise Fund Contract Number C20176920 With Davey Surgery Tree Company for the 2020 Utility Line Clearance Project in an Amount Not-to-Exceed $14,486,057 for a Five-year Term 4.Approval and Authorization for the City Manager or Designee to Execute Memoranda of Understanding (MOUs) With the San Francisco Foundation and PolicyLink to Accept Placement of a Fellow Under the Partnership for the Bay's Challenge Grant Program; Authorization for the Mayor to Submit a Technical Assistance Request Letter 5.Approval and Authorization for the City Manager or Designee to Execute a Professional Services Agreement With Magellan Advisors, LLC in a Not-to-Exceed Amount of $214,236 for Phase 1 of the Fiber Network Expansion Plan 6.SECOND READING: Adoption of an Ordinance Amending Title 12 of the Palo Alto Municipal Code to Set a 120-day Statute of Limitations for Challenges to the City’s Water Service Rates, Wastewater Collection and Disposal Rates, Refuse Rates, Storm Water Management Fees, and Fiber Licensing Service Rates (FIRST READING: May 18, 2020 PASSED: 6-1 Tanaka no) Q&A Q&A 3 June 1, 2020 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. 6A. Authorize the Early Retirement Incentive Program for Police Officers and Fire Fighters (HR) 6B. Council Appointed Officers Committee Recommendation to Reject Proposals Received in Response to the Internal Auditor Services Request for Proposals (RFP) City Manager Comments 6:55-7:05 PM Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 6:55-8:30 PM 7.PUBLIC HEARING/QUASI-JUDICIAL: Newell Road Bridge Replacement Project [19PLN-00130]: Adoption and Approval of; 1) a Resolution Certifying the Final Environmental Impact Report (FEIR) and Adopting Findings, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program Pursuant to the California Environmental Quality Act (CEQA) for the Project, 2) a Record of Land Use Action Approving an Architectural Review Application [File 19PLN-00130] for Demolition of a Two-way Bridge on Newell Road Between Woodland Avenue in East Palo Alto and Edgewood Drive in Palo Alto and Construction of a new Bridge Along the Same Alignment That Meets Caltrans Standards for Multi-modal Access, and 3) Approval of Amendment Number 3 to Contract C12142825 With NV5, Inc. to Extend the Term for Design Services for Newell Road/San Francisquito Creek Bridge Replacement Project (PE-12011) 8.Discussion and Direction to Staff on Housing Affordability Requirements for Projects Proposed Under the Planned Housing Zone (PHZ)THIS ITEM HAS BEEN REMOVED FROM THE AGENDA AND WILL BE HEARD ON A LATER DATE Council Member Questions, Comments and Announcements Members of the public may not speak to the item(s) Adjournment AMERICANS WITH DISABILITY ACT (ADA) Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329-2550 (Voice) 24 hours in advance.s MEMO Public Comment Presentation 4 June 1, 2020 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Additional Information Standing Committee Meetings Finance Committee Meeting Cancellation June 2, 2020 Schedule of Meetings Schedule of Meetings Tentative Agenda Tentative Agenda Public Letters to Council Set 1 Set 2 Set 3 5 June 1, 2020 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. 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 city.council@cityofpaloalto.org. 2.Spoken public comments using a computer 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. A.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. B. 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. C. 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. D. When called, please limit your remarks to the time limit allotted. E. A timer will be shown on the computer to help keep track of your comments. 3.Spoken public comments using a smart phone will be accepted through the teleconference meeting. To address the Council, download the Zoom application onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID below. Please follow the instructions B-E above. 4.Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. https://zoom.us/join Meeting ID: 362 027 238 Phone:1(669)900-6833 CITY OF PALO ALTO OFFICE OF THE CITY CLERK June 1, 2020 The Honorable City Council Attention: Finance Committee Palo Alto, California Approval of Action Minutes for the May 4 and May 18, 2020 City Council Meetings Staff is requesting Council review and approve the attached Action Minutes. ATTACHMENTS: • Attachment A: 05-04-20 DRAFT Action Minutes (PDF) • Attachment B: 05-18-20 DRAFT Action Minutes (PDF) Department Head: Beth Minor, City Clerk Page 2 CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 5 Special Meeting May 4, 2020 The City Council of the City of Palo Alto met on this date via virtual teleconference at 5:05 P.M. Participating Remotely: Cormack, DuBois, Filseth, Fine, Kniss, Kou, Tanaka Absent: Closed Session 1. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (Ed Shikada, Rumi Portillo, Molly Stump, Monique LeConge Ziesenhenne, Nick Raisch, Kiely Nose, Gina Roccanova) Employee Organizations: Utilities Management and Professional Association of Palo Alto (UMPAPA); Service Employees International Union, (SEIU) Local 521; Service Employees International Union, (SEIU) Local 521, Hourly Unit; Palo Alto Police Officers Association (PAPOA); Palo Alto Fire Chiefs’ Association (FCA) and Employee Organization: International Association of Fire Fighters (IAFF), Local 1319; Palo Alto Police Manager’s Association (PAPMA) Authority: Government Code Section 54957.6(a). MOTION: Mayor Fine moved, seconded by Council Member Cormack to go into Closed Session. MOTION PASSED: 7-0 Council went into Closed Session at 5:07 P.M. Council returned from Closed Session at 7:38 P.M. Mayor Fine announced no reportable action. Mayor Fine announced that Agenda Item Number 5 was moving to the May 18, 2020 City Council meeting. DRAFT ACTION MINUTES Page 2 of 5 City Council Meeting Draft Action Minutes: 05/04/2020 Action Item 2. Update and Discussion of the COVID-19 Health Emergency and the City's Response. MOTION: Council Member Kniss moved, seconded by Council Member Tanaka to direct Staff to bring the following items for discussion at the next City Council meeting: A. Require face coverings; B. Testing in north Santa Clara County, particularly Palo Alto; and C. Contact tracing. MOTION PASSED: 7-0 Study Session 3. Update to the City's Transportation Analysis Methodology to Comply With Senate Bill 743, Including use of Vehicle Miles Traveled (VMT) for California Environmental Quality Act (CEQA) Review and Level of Service (LOS) Standard for Local Transportation Analysis (THIS ITEM HAS BEEN MOVED TO LATER IN TONIGHT’S AGENDA) Minutes Approval 4. Approval of Action Minutes for the April 13 and 20, 2020 Council Meetings. MOTION: Council Member Cormack moved, seconded by Mayor Fine to approve the Action Minutes for the April 13 and 20, 2020 Council Meetings. MOTION PASSED: 7-0 Consent Calendar MOTION: Vice Mayor DuBois moved, seconded by Council Member Kniss to approve Agenda Item Numbers 6-8A. 5. Adoption of Amendments to the City of Palo Alto Tobacco Retail Ordinance (Municipal Code Chapter 4.64) to Further Restrict Electronic Cigarette Products and Flavored Tobacco Products; Direct Staff to Discuss Amending the Tobacco Retail Permit (TRP) Agreement With the County; and Updates to Council's Previous Questions on Reducing Youth Tobacco use. DRAFT ACTION MINUTES Page 3 of 5 City Council Meeting Draft Action Minutes: 05/04/2020 6. Approval of the Acceptance and Appropriation of the State of California Citizens Options for Public Safety (COPS) Funds, and Approval of a Budget Amendment (Requires 2/3 Approval) in the Supplemental Law Enforcement Services Fund. 7. Resolution 9884 Entitled, “Resolution of the Council of the City of Palo Alto Authorizing Staff to Submit a Cal OES COVID-19 Financial Assistance Application.” 8. Ordinance 5496 Entitled, “Ordinance of the Council of the City of Palo Alto Temporarily Suspending the Expiration of and Automatically Extending all Planning Entitlements, Building Permits, and Building Permit Applications Valid as of March 16, 2020”; the Ordinance Also Suspends and Extends Municipal Code Application Processing Timelines. This Action is Exempt From the California Environmental Quality Act (CEQA) in Accordance With CEQA Guidelines Section 15061(b)(3) (FIRST READING: April 20, 2020 PASSED 7-0). 8A. Review and Approval of the City Auditor Request for Proposals Evaluation Process. MOTION PASSED: 7-0 Action Items 9. Resolution 9885 Entitled, “Resolution of the Council of the City of Palo Alto Waiving the Business Registration Fee Including Late Fees for Calendar Year 2020;” Adoption of a Resolution 9888 Entitled, “Resolution of the Council of the City of Palo Alto Rescinding the Levy of Assessments for the Downtown Business Improvement District (BID) for Fiscal Year (FY) 2020; and Approval of the Reimbursement of Business Registration Fees and BID Assessments Due in 2020.” MOTION: Vice Mayor DuBois moved, seconded by Council Member Tanaka to: A. Adopt a Resolution waiving the business registration fee (Palo Alto Municipal Code Chapter 4.60) due and payable in calendar year 2020 and waiving all late fees for the 2020 collection cycle; B. Adopt a Resolution rescinding the approval of the levy of assessments for the Downtown Business Improvement District (BID) for Fiscal Year 2020; and DRAFT ACTION MINUTES Page 4 of 5 City Council Meeting Draft Action Minutes: 05/04/2020 C. Approve the reimbursement of business registration fees and BID assessments due in 2020 that have been paid by businesses. MOTION PASSED: 7-0 Council took a break at 8:57 P.M. and returned at 9:07 P.M. 10. Review of the Potential Financial Scenarios due to the Current COVID- 19 Emergency and Direction to Staff on the Continued Development of the Fiscal Year (FY) 2021 Budget. MOTION: Council Member Tanaka moved, seconded by Council Member Filseth to select financial Scenario C, to be used for planning and issuance of the Fiscal Year 2021 revised operating and capital budgets to be considered by the City Council during their budget deliberations beginning May 11, 2020. MOTION PASSED: 7-0 11. Staff Update and Request for Direction on the Details of a Small Business Grant Program Including Grant Amounts, Eligibility and Selection Criteria, Donor Involvement, and Allocation of City Funds in the amount of $500,000 (CMO). MOTION: Council Member Tanaka moved, seconded by Mayor Fine to: A. Select the following criteria for businesses to qualify: i. 1 - 50 employees; ii. Storefront businesses only; iii. For-profit businesses only; iv. Registered as a Palo Alto business; v. Established for at least twelve months; vi. Loss of ≥25 percent revenue due to Coronavirus public health emergency; B. Lottery selection method from among qualified businesses; C. Grant amount ≤$10,000; to cover two months of costs. Allow business discretion in how funds are spent; DRAFT ACTION MINUTES Page 5 of 5 City Council Meeting Draft Action Minutes: 05/04/2020 D. Authorize City Manager to choose a grant administrator and donation partner; and E. Amend the budget to allocate $500,000. MOTION PASSED: 5-2 Cormack, Filseth no Study Session 3. Update to the City's Transportation Analysis Methodology to Comply With Senate Bill 743, Including use of Vehicle Miles Traveled (VMT) for California Environmental Quality Act (CEQA) Review and Level of Service (LOS) Standard for Local Transportation Analysis. THIS ITEM WAS MOVED TO MAY 18, 2020 COUNCIL MEETING. Adjournment: The meeting was adjourned at 11:11 P.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 4 Special Meeting May 18, 2020 The City Council of the City of Palo Alto met on this date via virtual teleconference at 5:03 P.M. Participating Remotely: Cormack, DuBois, Filseth, Fine, Kniss, Kou, Tanaka Absent: Closed Session A. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (Ed Shikada, Rumi Portillo, Molly Stump, Monique LeConge Ziesenhenne, Nick Raisch, Kiely Nose, Gina Roccanova) Employee Organizations: Utilities Management and Professional Association of Palo Alto (UMPAPA); Service Employees International Union, (SEIU) Local 521; Service Employees International Union, (SEIU) Local 521, Hourly Unit; Palo Alto Police Officers Association (PAPOA); Palo Alto Fire Chiefs’ Association (FCA) and Employee Organization: International Association of Fire Fighters (IAFF), Local 1319; Palo Alto Police Manager’s Association (PAPMA) Authority: Government Code Section 54957.6(a) MOTION: Council Member Kniss moved, seconded by Council Member Cormack to go into Closed Session. MOTION PASSED: 7-0 Council went into Closed Session at 5:07 P.M. Council returned from Closed Session at 7:32 P.M. Mayor Fine announced no reportable action. Study Session 1. Update to the City's Transportation Analysis Methodology to Comply With Senate Bill 743, Including use of Vehicle Miles Traveled (VMT) for California Environmental Quality Act (CEQA) Review and Level of Service DRAFT ACTION MINUTES Page 2 of 4 City Council Meeting Draft Action Minutes: 05/18/2020 (LOS) Standard for Local Transportation Analysis (Continued From May 4, 2020). NO ACTION TAKEN. Consent Calendar MOTION: Vice Mayor DuBois moved, seconded by Council Member Kou, third by Council Member Kniss to remove Agenda Item Number 5 to be heard after Council’s summer recess. Council Member Tanaka registered a no vote on Agenda Item Number 2. MOTION: Council Member Kniss moved, seconded by Council Member Filseth to approve Agenda Item Number 2. 2. Adoption of an Ordinance Amending Title 12 of the Palo Alto Municipal Code to set a 120-day Statute of Limitations for Challenges to the City’s Water Service Rates, Wastewater Collection and Disposal Rates, Refuse Rates, Storm Water Management Fees, and Fiber Licensing Service Rates. 3. Approval and Authorization for the City Manager or Designee to Execute a Professional Services Agreement With Magellan Advisors, LLC in a Not- to-Exceed Amount of $214,236 for Phase 1 of the Fiber Network Expansion Plan (This item has been removed). 4. Approval and Authorization for the City Manager or Designee to Execute the Following Marketing and Graphics Contracts in a Combined Not-to- Exceed Amount of $290,000 Annually and a Combined Not-to-Exceed Amount of $1,450,000 Over a Five-year Term: A) Eric Goldsberry Art Direction, Contract Number C20176172A; B) Marketing for Change, Contract Number C20176172B; and C) Underground Advertising, Contract Number C20176172C; Finding of California Environmental Quality Act (CEQA) Exemption (This item has been removed). 5. QUASI-JUDICIAL. 2353 Webster Street [18PLN-00339]: Appeal of Director’s Approval of an Individual Review Application to Demolish an Existing One-story 1,593 Square Foot Home and Construct a Two-story Home (Approximately 3,133 Square Feet) With a Basement and Attached Garage; Approved by the Director of Planning and Development Services on March 17, 2020. Zoning District: Single-family Residential (R-1). MOTION PASSED: 6-1 Tanaka no DRAFT ACTION MINUTES Page 3 of 4 City Council Meeting Draft Action Minutes: 05/18/2020 6. Adoption of Amendments to the City of Palo Alto Tobacco Retail Ordinance (PAMC Chapter 4.64) to Further Restrict Electronic Cigarette Products and Flavored Tobacco Products, Direct Staff to Discuss Amending the Tobacco Retail Permit (TRP) Agreement With the County of Santa Clara, and Updates to Council's Previous Questions on Reducing Youth Tobacco use (Continued From May 18, 2020). MOTION: Council Member Kou moved, seconded by Council Member Filseth to direct Staff to bring to the City Council a proposed tobacco Ordinance that mirrors the Santa Clara County Ordinance. SUBSTITUTE MOTION: Mayor Fine moved, seconded by Council Member Kniss to adopt the proposed Ordinance and direct Staff to explore the following and return to Council at a later date: A. Investigate further restrictions for adult-only stores (e.g., card readers, purchase log, additional fees to support youth programs, etc.); B. Consider alternative exemption structure for retailers, e.g., exempt lounges where no product leaves the store; and C. Consider additional measures over time to reduce the number of adult-only stores. SUBSTITUTE MOTION FAILED: 3-4 Cormack, Filseth, Kou, Tanaka no SUBSTITUTE MOTION: Mayor Fine moved, seconded by Vice Mayor DuBois to direct Staff to modify the proposed Ordinance and return to Council at a future date, eliminating the current exemption for those adult stores where the subject products leave the store, introduce a future effective compliance date that would allow the other four impacted adult-only stores time to sell/remove their current inventory, and modify their business model to address the exemption elimination. INCORPORATED INTO THE MOTION WITH CONSENT OF THE MAKER AND SECONDER to add a compliance date of September 1, 2020. INCORPORATED INTO THE MOTION WITH CONSENT OF THE MAKER AND SECONDER to return to Council prior to the summer recess. SUBSTITUTE MOTION RESTATED: Mayor Fine moved, seconded by Council Member DuBois to direct Staff to modify the proposed Ordinance and return to Council prior to the summer recess, eliminating the current exemption for those adult stores where the subject products leave the store, introduce a future effective compliance date of September 1, 2020 that would allow the DRAFT ACTION MINUTES Page 4 of 4 City Council Meeting Draft Action Minutes: 05/18/2020 other four impacted adult-only stores time to sell/remove their current inventory, and modify their business model to address the exemption elimination. SUBSTITUTE MOTION FAILED: 3-4 Cormack, Kniss, Kou, Tanaka no MOTION PASSED: 4-3 DuBois, Fine, Kniss no Adjournment: The meeting was adjourned at 11:58 P.M. City of Palo Alto (ID # 10519) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/1/2020 City of Palo Alto Page 1 Summary Title: Award of Contract for Loma Verde Avenue Trunk Line Improvement Project Title: Approval of Contract Number C20178122 With Stoloski & Gonzalez, Inc. in the Amount of $2,082,178 for the Loma Verde Avenue Trunk Line Improvements Project (SD-19000) and the Storm Drainage System Replacement and Rehabilitation Project (SD-06101) From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council: 1.Approve, and authorize the City Manager or his designee to execute the attached construction contract C20178122 with Stoloski & Gonzalez, Inc. (Attachment A) in the amount of $2,082,178 for the Loma Verde Avenue Trunk Line Improvements Project (SD-19000) and the Storm Drainage System Replacement and Rehabilitation Project (SD- 06101) for storm drain improvements; and 2.Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with Stoloski & Gonzalez, Inc. for related, additional and unforeseen work that may develop during the project, the total value of which shall not exceed $208,218. Background The 2015 Storm Drain Master Plan identified that the storm drain trunk lines upstream of the Matadero Creek pump station need to be upsized to convey a 10-year storm event. In 2017, voters approved a ballot measure to continue the Storm Water Management Fee to implement 13 new storm drain capital improvement projects to upgrade and improve the storm drain system in Palo Alto. In 2018, the completion of the Matadero Creek Storm Water Pump Station Project (SD-13003) was the first step towards increasing the capacity of the station to convey flows for large storm events. The Loma Verde Avenue Trunk Line Improvements Project is the first of the 13 new projects described to the voters. The existing storm drain system along Loma Verde Avenue, between Louis Road and the Sterling Canal Easement, is inadequate and cannot CITY OF PALO ALTO City of Palo Alto Page 2 convey runoff generated by a 10-year storm event. This project proposes to upsize the storm drain pipes within Loma Verde Avenue to convey a 10-year storm event. The Storm Drain Master Plan identifies this trunk line replacement as a high-priority improvement to the City’s storm drain system. Discussion Project Description The work under this contract includes the replacement of 1,750 linear feet of existing 36-inch with 48-inch diameter pipes within Loma Verde Avenue. The project will also remove and replace six catch basins and multiple utility laterals including water, gas, and sanitary sewer services of various sizes. Due to utility crossing conflicts that result from installing a larger storm drain pipe the laterals need to be relocated. The project limits are from Louis Road to the former Sterling Canal Easement just past Maddux Drive, depicted on the attached Location Map (Attachment B). The new upsized storm drain pipe will improve the performance of the storm drain system along Loma Verde Avenue and in the Midtown and Palo Verde neighborhoods during larger storm events. Flows from the streets nearby will drain into the upsized pipe and will eliminate ponding that may occur during a 10-year or larger storm event. The intersection of Louis Road and Loma Verde Avenue will be trenched open for excavations which will create an opportunity to replace broken storm drain pipes within Louis Road. The existing pipes near the intersection have deteriorated, reducing the amount of flow that can pass through the pipe. Deteriorated pipes are often replaced as part of the recurring Storm Drain System Replacement and Rehabilitation Project (SD-06101). Replacing these pipes now will eliminate the need to excavate the street a second time at a later date. Therefore, the replacement of these deteriorated pipes was added as a bid alternate. The bid alternate work on Louis Road replaces 133 linear feet of storm drain pipe. Bid Process On March 24, 2020, an Invitation for Bids (IFB) for the Loma Verde Avenue Trunk Line Project was posted to the City’s online bid solicitation web portal, Planet Bids. The bidding period was 22 days. Bids were received from seven qualified contractors on April 15, 2020, as listed on the attached Bid Summary (Attachment C). Summary of Bid Process Bid Name/Number Loma Verde Avenue Trunk Line Improvement Project IFB No. 178122 Proposed Length of Project 120 Calendar Days Number of Bid Packages Downloaded by Prime Contractors 13 Total Days to Respond to Bid 23 Calendar Days Pre-Bid Meeting? No Number of Bids Received 7 Base Bid Price Range $1,978,228 - $4,068,905 City of Palo Alto Page 3 The apparent low bidder was selected based upon the base bid with no consideration to the add alternate. The Base Bid prices ranged from $1,978,228 to $4,068,905, representing 2% to 109% above the engineer’s estimate, respectively. Staff has reviewed all bids submitted and recommends that the Base Bid and Add Alternate 1 totaling $2,082,178, submitted by Stoloski & Gonzalez, Inc. be accepted and that Stoloski & Gonzalez, Inc. be declared the lowest responsible bidder. The contingency amount of $208,218 which equals 10 percent of the total contract, is requested for related, additional, but unforeseen work which may develop during the project. Staff reviewed other similar projects performed by the lowest responsible bidder, Stoloski & Gonzalez, Inc., including projects performed for the City and did not find any significant issues with their previous work. Staff also checked with the Contractor's State License Board and confirmed that the contractor has an active license on file. Project Coordination The Loma Verde Avenue Trunk Line Improvement Project has been coordinated with other capital projects during monthly Utilities/Public Works Department coordination meetings and using Geographic Information System-based project coordination program. This project does not conflict with any upcoming Public Works or Utilities Department projects. The construction work has been coordinated with the Utilities Department, whose underground facilities will need to be relocated because of the proposed pipeline installation. Once the project commences updates will be provided on the project webpage (www.cityofpaloalto.org/lomaverde) and Nextdoor. Due to the proximity of the work to Palo Verde Elementary School, City staff will continue to coordinate with the school principal to keep school staff and the Parent Teachers Association (PTA) informed of the project status. Construction activity near the school will be scheduled to avoid student arrival and departure times, and information will be provided to parents advising them to avoid the construction work zone near the school. This contract is on the City’s construction contract template, which permits the City to terminate without cause/for convenience by providing written notice to the contractor. In the event the City finds that due to the challenging budget situation City resources need to be refocused elsewhere, the City can terminate for convenience. Other options include termination due to non-appropriation of funds or amending the contract to reduce the cost, for example, by reducing the scope of work. Resource Impact Funding is available in the in the Loma Verde Avenue Trunk Line Improvement Project (SD- 19000) and Storm Drainage System Replacement and Rehabilitation Project (SD-06101) CIP projects. The funding allocation is as follows: City of Palo Alto Page 4 Funding Allocations Funding Source Contract Contingency Total Encumbrance 1 SD-19000 $1,978,228 $197,823 $2,176,051 2 SD-06101 $103,950 $10,395 $114,345 Totals $2,082,178 $208,218 $2,290,396 Policy Implications The project meets the Water Resources Goal N-4 and Policy N-4.14 on improving storm drainage performance by constructing new system improvements where necessary. This project is consistent with the City’s Storm Drain Master Plan and its goal to manage urban runoff and protect public health and safety. The recommendations do not represent any changes to existing City policies. Stakeholder Engagement Staff has presented to the Storm Water Management Oversight Committee on the progress of the Loma Verde Avenue Trunk Line Improvement Project. Once the construction contract is awarded, staff will continue to notify and update the Storm Water Management Oversight Committee during construction. School staff and residents will be notified of construction activities via email, updates to the project website (www.cityofpaloalto.org/alomaverde), and Nextdoor. Environmental Review This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 (d) (repair, maintenance and/or minor alteration of existing facilities and 15302 (c) (replacement of existing structures) of the CEQA Guidelines and no further environmental review is necessary. Attachments: • Attachment A: Construction Contract with Stoloski & Gonzalez • Attachment B: Location Map • Attachment C: Bid Summary Invitation for Bid (IFB) Package 1 Rev. March 17, 2017 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT Contract No. C20178122 City of Palo Alto Loma Verde Avenue Trunk Line Improvement Project Attachment A Invitation for Bid (IFB) Package 2 Rev. March 17, 2017 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT TABLE OF CONTENTS SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS…………………………………….…………..6 1.1 Recitals…………………………………………………………………………………………………………………….6 1.2 Definitions……………………………………………………………………………………………………………….6 SECTION 2 THE PROJECT………………………………………………………………………………………………………...6 SECTION 3 THE CONTRACT DOCUMENTS………………………………………………………………………………..7 3.1 List of Documents…………………………………………………………………………………………….........7 3.2 Order of Precedence……………………………………………………………………………………………......7 SECTION 4 CONTRACTOR’S DUTY…………………………………………………………………………………………..8 4.1 Contractor's Duties…………………………………………………………………………………………………..8 SECTION 5 PROJECT TEAM……………………………………………………………………………………………………..8 5.1 Contractor's Co-operation………………………………………………………………………………………..8 SECTION 6 TIME OF COMPLETION…………………………………………………………………………………….......8 6.1 Time Is of Essence…………………………………………………………………………………………………….8 6.2 Commencement of Work…………………………………………………………………………………………8 6.3 Contract Time…………………………………………………………………………………………………………..8 6.4 Liquidated Damages…………………………………………………………………………………………………8 6.4.1 Other Remedies……………………………………………………………………………………………………..9 6.5 Adjustments to Contract Time………………………………………………………………………………….9 SECTION 7 COMPENSATION TO CONTRACTOR……………………………………………………………………….9 7.1 Contract Sum……………………………………………………………………………………………………………9 7.2 Full Compensation……………………………………………………………………………………………………9 SECTION 8 STANDARD OF CARE……………………………………………………………………………………………..9 8.1 Standard of Care…………………………………………………………………………………..…………………9 SECTION 9 INDEMNIFICATION…………………………………………………………………………………………..…10 9.1 Hold Harmless……………………………………………………………………………………………………….10 9.2 Survival…………………………………………………………………………………………………………………10 SECTION 10 NON-DISCRIMINATION……..………………………………………………………………………………10 10.1 Municipal Code Requirement…………….………………………………..……………………………….10 SECTION 11 INSURANCE AND BONDS.…………………………………………………………………………………10 Attachment A Invitation for Bid (IFB) Package 3 Rev. March 17, 2017 CONSTRUCTION CONTRACT 11.1 Evidence of Coverage…………………………………………………………………………………………..10 SECTION 12 PROHIBITION AGAINST TRANSFERS…………………………………………………………….…11 12.1 Assignment………………………………………………………………………………………………………….11 12.2 Assignment by Law.………………………………………………………………………………………………11 SECTION 13 NOTICES …………………………………………………………………………………………………………….11 13.1 Method of Notice …………………………………………………………………………………………………11 13.2 Notice Recipents ………………………………………………………………………………………………….11 13.3 Change of Address……………………………………………………………………………………………….12 SECTION 14 DEFAULT…………………………………………………………………………………………………………...12 14.1 Notice of Default………………………………………………………………………………………………….12 14.2 Opportunity to Cure Default…………………………………………………………………………………12 SECTION 15 CITY'S RIGHTS AND REMEDIES…………………………………………………………………………..13 15.1 Remedies Upon Default……………………………………………………………………………………….13 15.1.1 Delete Certain Services…………………………………………………………………………………….13 15.1.2 Perform and Withhold……………………………………………………………………………………..13 15.1.3 Suspend The Construction Contract…………………………………………………………………13 15.1.4 Terminate the Construction Contract for Default………………………………………………13 15.1.5 Invoke the Performance Bond………………………………………………………………………….13 15.1.6 Additional Provisions……………………………………………………………………………………….13 15.2 Delays by Sureties……………………………………………………………………………………………….13 15.3 Damages to City…………………………………………………………………………………………………..14 15.3.1 For Contractor's Default…………………………………………………………………………………..14 15.3.2 Compensation for Losses…………………………………………………………………………………14 15.4 Suspension by City……………………………………………………………………………………………….14 15.4.1 Suspension for Convenience……………………………………………………………………………..14 15.4.2 Suspension for Cause………………………………………………………………………………………..14 15.5 Termination Without Cause…………………………………………………………………………………14 15.5.1 Compensation………………………………………………………………………………………………….15 15.5.2 Subcontractors………………………………………………………………………………………………..15 15.6 Contractor’s Duties Upon Termination………………………………………………………………...15 SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES……………………………………………………………16 16.1 Contractor’s Remedies……………………………………..………………………………..………………….16 Attachment A Invitation for Bid (IFB) Package 4 Rev. March 17, 2017 CONSTRUCTION CONTRACT 16.1.1 For Work Stoppage……………………………………………………………………………………………16 16.1.2 For City's Non-Payment…………………………………………………………………………………….16 16.2 Damages to Contractor………………………………………………………………………………………..16 SECTION 17 ACCOUNTING RECORDS………………………………………………………………………………….…16 17.1 Financial Management and City Access………………………………………………………………..16 17.2 Compliance with City Requests…………………………………………………………………………….17 SECTION 18 INDEPENDENT PARTIES……………………………………………………………………………………..17 18.1 Status of Parties……………………………………………………………………………………………………17 SECTION 19 NUISANCE……………………………………………………………………………………………………….…17 19.1 Nuisance Prohibited……………………………………………………………………………………………..17 SECTION 20 PERMITS AND LICENSES…………………………………………………………………………………….17 20.1 Payment of Fees…………………………………………………………………………………………………..17 SECTION 21 WAIVER…………………………………………………………………………………………………………….17 21.1 Waiver………………………………………………………………………………………………………………….17 SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS……………………………….18 22.1 Governing Law…………………………………………………………………………………………………….18 22.2 Compliance with Laws…………………………………………………………………………………………18 22.2.1 Palo Alto Minimum Wage Ordinance…………….………………………………………………….18 SECTION 23 COMPLETE AGREEMENT……………………………………………………………………………………18 23.1 Integration………………………………………………………………………………………………………….18 SECTION 24 SURVIVAL OF CONTRACT…………………………………………………………………………………..18 24.1 Survival of Provisions……………………………………………………………………………………………18 SECTION 25 PREVAILING WAGES………………………………………………………………………………………….18 SECTION 26 NON-APPROPRIATION……………………………………………………………………………………….19 26.1 Appropriation………………………………………………………………………………………………………19 SECTION 27 AUTHORITY……………………………………………………………………………………………………….19 27.1 Representation of Parties…………………………………………………………………………………….19 SECTION 28 COUNTERPARTS………………………………………………………………………………………………..19 28.1 Multiple Counterparts………………………………………………………………………………………….19 SECTION 29 SEVERABILITY……………………………………………………………………………………………………19 29.1 Severability………………………………………………………………………………………………………….19 SECTION 30 STATUTORY AND REGULATORY REFERENCES …………………………………………………..19 Attachment A Invitation for Bid (IFB) Package 5 Rev. March 17, 2017 CONSTRUCTION CONTRACT 30.1 Amendments of Laws…………………………………………………………………………………………..19 SECTION 31 WORKERS’ COMPENSATION CERTIFICATION………………………………………………….….19 31.1 Workers Compensation…………………………………………………………………………………….19 SECTION 32 DIR REGISTRATION AND OTHER SB 854 REQUIREMENTS………………………………..…20 32.1 General Notice to Contractor…………………………………………………………………………….20 32.2 Labor Code section 1771.1(a)…………………………………………………………………………….20 32.3 DIR Registration Required…………………………………………………………………………………20 32.4 Posting of Job Site Notices…………………………………………………………………………………20 32.5 Payroll Records…………………………………………………………………………………………………20 Attachment A Invitation for Bid (IFB) Package 6 Rev. March 17, 2017 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT entered into on June 1, 2020 (“Execution Date”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("City"), and Stoloski & Gonzalez, Inc. ("Contractor"), is made with reference to the following: R E C I T A L S: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. Contractor is a duly organized and in good standing in the State of California, Contractor’s License Number CSLB:489175-A and Department of Industrial Relations Registration Number 1000002539. Contractor represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract. C. On March 24, 2020, City issued an Invitation for Bids (IFB) to contractors for the Loma Verde Avenue Trunk Line Improvement Project (“Project”). In response to the IFB, Contractor submitted a Bid. D. City and Contractor desire to enter into this Construction Contract for the Project, and other services as identified in the Contract Documents for the Project upon the following terms and conditions. NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows: SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS. 1.1 Recitals. All of the recitals are incorporated herein by reference. 1.2 Definitions. Capitalized terms shall have the meanings set forth in this Construction Contract and/or in the General Conditions. If there is a conflict between the definitions in this Construction Contract and in the General Conditions, the definitions in this Construction Contract shall prevail. SECTION 2 THE PROJECT. The Project is the Loma Verde Avenue Trunk Line Improvement Project, located at Intersection of Louis Road to the Sterling Canal Easement, Palo Alto, CA. ("Project"). Attachment A Invitation for Bid (IFB) Package 7 Rev. March 17, 2017 CONSTRUCTION CONTRACT SECTION 3 THE CONTRACT DOCUMENTS. 3.1 List of Documents. The Contract Documents (sometimes collectively referred to as “Agreement” or “Bid Documents”) consist of the following documents which are on file with the Purchasing Division and are hereby incorporated by reference. 1) Change Orders 2) Field Orders 3) Contract 4) Bidding Addenda 5) Special Provisions 6) General Conditions 7) Project Plans and Drawings 8) Technical Specifications 9) Instructions to Bidders 10) Invitation for Bids 11) Contractor's Bid/Non-Collusion Declaration 12) Reports listed in the Contract Documents 13) Public Works Department’s Standard Drawings and Specifications (most current version at time of Bid) 14) Utilities Department’s Water, Gas, Wastewater, Electric Utilities Standards (most current version at time of Bid) 15) City of Palo Alto Traffic Control Requirements 16) City of Palo Alto Truck Route Map and Regulations 17) Notice Inviting Pre-Qualification Statements, Pre-Qualification Statement, and Pre- Qualification Checklist (if applicable) 18) Performance and Payment Bonds 3.2 Order of Precedence. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, the Contract Documents shall have the order of precedence as set forth in the preceding section. If a claimed inconsistency cannot be resolved through the order of precedence, the City shall have the sole power to decide which document or provision shall govern as may be in the best interests of the City. Attachment A Invitation for Bid (IFB) Package 8 Rev. March 17, 2017 CONSTRUCTION CONTRACT SECTION 4 CONTRACTOR’S DUTY. 4.1 Contractor’s Duties Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents, all of which are fully incorporated herein. Contractor shall provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including, but not limited to, provision of all necessary labor, materials, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor also agrees to use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. SECTION 5 PROJECT TEAM. 5.1 Contractor’s Co-operation. In addition to Contractor, City has retained, or may retain, consultants and contractors to provide professional and technical consultation for the design and construction of the Project. The Contract requires that Contractor operate efficiently, effectively and cooperatively with City as well as all other members of the Project Team and other contractors retained by City to construct other portions of the Project. SECTION 6 TIME OF COMPLETION. 6.1 Time Is of Essence. Time is of the essence with respect to all time limits set forth in the Contract Documents. 6.2 Commencement of Work. Contractor shall commence the Work on the date specified in City’s Notice to Proceed. 6.3 Contract Time. Work hereunder shall begin on the date specified on the City’s Notice to Proceed and shall be completed not later than . within one hundred twenty calendar days (120) after the commencement date specified in City’s Notice to Proceed. By executing this Construction Contract, Contractor expressly waives any claim for delayed early completion. 6.4 Liquidated Damages. Pursuant to Government Code Section 53069.85, if Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time, including any approved extensions thereto, City may assess liquidated damages on a daily basis for each day of Unexcused Delay in achieving Substantial Completion, based on the amount of five hundred dollars ($500) per day, or as otherwise specified in the Special Provisions. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents, regardless of impact on the time for achieving Substantial Completion. The assessment of liquidated damages is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer by delay in completion of the Work. The City is entitled to setoff the amount of liquidated damages assessed against any payments otherwise due to Contractor, including, but not limited to, setoff against release of retention. If the total amount of liquidated damages Attachment A Invitation for Bid (IFB) Package 9 Rev. March 17, 2017 CONSTRUCTION CONTRACT assessed exceeds the amount of unreleased retention, City is entitled to recover the balance from Contractor or its sureties. Occupancy or use of the Project in whole or in part prior to Substantial Completion, shall not operate as a waiver of City’s right to assess liquidated damages. 6.4.1 Other Remedies. City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason other than Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time. 6.5 Adjustments to Contract Time. The Contract Time may only be adjusted for time extensions approved by City and memorialized in a Change Order approved in accordance with the requirements of the Contract Documents. SECTION 7 COMPENSATION TO CONTRACTOR. 7.1 Contract Sum. Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents the Contract Sum of two million eight-two thousand one hundred seventy-eight Dollars ($2,082,178). [This amount includes the Base Bid and Additive Alternates.] 7.2 Full Compensation. The Contract Sum shall be full compensation to Contractor for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover all Losses arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred due to suspension or discontinuance of the Work, except as expressly provided herein. The Contract Sum may only be adjusted for Change Orders approved in accordance with the requirements of the Contract Documents. SECTION 8 STANDARD OF CARE. 8.1 Standard of Care. Contractor agrees that the Work shall be performed by qualified, experienced and well-supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope and complexity of the Project. Attachment A Invitation for Bid (IFB) Package 10 Rev. March 17, 2017 CONSTRUCTION CONTRACT SECTION 9 INDEMNIFICATION. 9.1 Hold Harmless. To the fullest extent allowed by law, Contractor will defend, indemnify, and hold harmless City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter individually referred to as an “Indemnitee” and collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and liability, loss, damage, claims, expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in performing the Work or its failure to comply with any of its obligations under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. Contractor shall pay City for any costs City incurs to enforce this provision. Except as provided in Section 9.2 below, nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. Pursuant to Public Contract Code Section 9201, City shall timely notify Contractor upon receipt of any third-party claim relating to the Contract. 9.2 Survival. The provisions of Section 9 shall survive the termination of this Construction Contract. SECTION 10 NON-DISCRIMINATION. 10.1 Municipal Code Requirement. As set forth in Palo Alto Municipal Code section 2.30.510, Contractor certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. Contractor acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and will comply with all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 11 INSURANCE AND BONDS. 11.1 Evidence of coverage. Within ten (10) business days following issuance of the Notice of Award, Contractor shall provide City with evidence that it has obtained insurance and shall submit Performance and Payment Bonds satisfying all requirements in Article 11 of the General Conditions. Attachment A Invitation for Bid (IFB) Package 11 Rev. March 17, 2017 CONSTRUCTION CONTRACT SECTION 12 PROHIBITION AGAINST TRANSFERS. 12.1 Assignment. City is entering into this Construction Contract in reliance upon the stated experience and qualifications of the Contractor and its Subcontractors set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent shall be null and void, and shall be deemed a substantial breach of contract and grounds for default in addition to any other legal or equitable remedy available to the City. 12.2 Assignment by Law. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if the Contractor is a partnership or joint venture or syndicate or co-tenancy shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity. SECTION 13 NOTICES. 13.1 Method of Notice. All notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and shall be deemed served on the earlier of the following: (i) On the date delivered if delivered personally; (ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; (iv) On the date sent if delivered by electronic mail; or (v) On the date it is accepted or rejected if sent by certified mail. 13.2 Notice to Recipients. All notices, demands or requests (including, without limitation, Change Order Requests and Claims) from Contractor to City shall include the Project name and the number of this Construction Contract and shall be addressed to City at: To City: City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to: City of Palo Alto Public Works Administration 250 Hamilton Avenue Palo Alto, CA 94301 Attn: Michel Jeremias AND [Include Construction Manager, If Applicable.] Attachment A Invitation for Bid (IFB) Package 12 Rev. March 17, 2017 CONSTRUCTION CONTRACT City of Palo Alto Utilities Engineering 250 Hamilton Avenue Palo Alto, CA 94301 Attn: In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following: Palo Alto City Attorney’s Office 250 Hamilton Avenue P.O. Box 10250 Palo Alto, California 94303 All Claims shall be sent by registered mail or certified mail with return receipt requested. All notices, demands, requests or approvals from City to Contractor shall be addressed to: 13.3 Change of Address. In advance of any change of address, Contractor shall notify City of the change of address in writing. Each party may, by written notice only, add, delete or replace any individuals to whom and addresses to which notice shall be provided. SECTION 14 DEFAULT. 14.1 Notice of Default. In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract, with a copy to Contractor’s performance bond surety. 14.2 Opportunity to Cure Default. Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) Days (or such shorter time as City may reasonably require) after receipt of written notice. However, if the breach cannot be reasonably cured within such time, Contractor will commence to cure the breach within two (2) Days (or such shorter time as City may reasonably require) and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) Days after receipt of such written notice. Attachment A Invitation for Bid (IFB) Package 13 Rev. March 17, 2017 CONSTRUCTION CONTRACT SECTION 15 CITY'S RIGHTS AND REMEDIES. 15.1 Remedies Upon Default. If Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 14, then City may pursue any remedies available under law or equity, including, without limitation, the following: 15.1.1 Delete Certain Services. City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto. 15.1.2 Perform and Withhold. City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been adequately performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related thereto. 15.1.3 Suspend The Construction Contract. City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work. 15.1.4 Terminate the Construction Contract for Default. City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 14. City’s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract. Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein. 15.1.5 Invoke the Performance Bond. City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond. 15.1.6 Additional Provisions. All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity. Designation in the Contract Documents of certain breaches as material shall not waive the City’s authority to designate other breaches as material nor limit City’s right to terminate the Construction Contract, or prevent the City from terminating the Agreement for breaches that are not material. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated damages and Losses suffered by City. 15.2 Delays by Sureties. Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond, within seven (7) calendar days from the date of the notice of termination, Contractor’s surety shall be deemed to have waived its right to complete the Work under the Contract, and City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and its surety shall be jointly and severally liable for any additional cost incurred by City to complete the Work following termination. In addition, City shall have the Attachment A Invitation for Bid (IFB) Package 14 Rev. March 17, 2017 CONSTRUCTION CONTRACT right to use any materials, supplies, and equipment belonging to Contractor and located at the Worksite for the purposes of completing the remaining Work. 15.3 Damages to City. 15.3.1 For Contractor's Default. City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents. 15.3.2 Compensation for Losses. In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to deduct the cost of such Losses from monies otherwise payable to Contractor. If the Losses incurred by City exceed the amount payable, Contractor shall be liable to City for the difference and shall promptly remit same to City. 15.4 Suspension by City 15.4.1 Suspension for Convenience. City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time. The order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with the order and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order. During the Suspension or extension of the Suspension, if any, City shall either cancel the Suspension Order or, by Change Order, delete the Work covered by the Suspension Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. A Suspension Order shall not be the exclusive method for City to stop the Work. 15.4.2 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct work in accordance with the Contract Documents, City may immediately order the Work, or any portion thereof, suspended until the cause for the suspension has been eliminated to City’s satisfaction. Contractor shall not be entitled to an increase in Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents. City’s right to suspend the Work shall not give rise to a duty to suspend the Work, and City’s failure to suspend the Work shall not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents. 15.5 Termination Without Cause. City may, at its sole discretion and without cause, terminate this Construction Contract in part or in whole upon written notice to Contractor. Upon receipt of such notice, Contractor shall, at City’s expense, comply with the notice and take all reasonable steps to minimize costs to close out and demobilize. The compensation allowed under this Paragraph 15.5 shall be the Contractor’s sole and exclusive compensation for such termination and Contractor waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind resulting from termination without cause. Termination pursuant to this provision does not relieve Contractor or its sureties from any of their obligations for Losses arising from or related to the Work performed by Contractor. Attachment A Invitation for Bid (IFB) Package 15 Rev. March 17, 2017 CONSTRUCTION CONTRACT 15.5.1 Compensation. Following such termination and within forty-five (45) Days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 15.5.1, City shall pay the following to Contractor as Contractor’s sole compensation for performance of the Work : .1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor. .2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors: (i) Demobilizing and (ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination. .3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work. .4 Profit Allowance. An allowance for profit calculated as four percent (4%) of the sum of the above items, provided Contractor can prove a likelihood that it would have made a profit if the Construction Contract had not been terminated. 15.5.2 Subcontractors. Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor against City under this Section. 15.6 Contractor’s Duties Upon Termination. Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following: (i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work that is not discontinued; (iii) Provide to City a description in writing, no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract; (iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and (v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto. Upon termination, whether for cause or for convenience, the provisions of the Contract Documents remain in effect as to any Claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings, instructions, or manuals, or other such rights and obligations arising prior to the termination date. Attachment A Invitation for Bid (IFB) Package 16 Rev. March 17, 2017 CONSTRUCTION CONTRACT SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES. 16.1 Contractor’s Remedies. Contractor may terminate this Construction Contract only upon the occurrence of one of the following: 16.1.1 For Work Stoppage. The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable. This provision shall not apply to any work stoppage resulting from the City’s issuance of a suspension notice issued either for cause or for convenience. 16.1.2 For City's Non-Payment. If City does not make pay Contractor undisputed sums within ninety (90) Days after receipt of notice from Contractor, Contractor may terminate the Construction Contract (30) days following a second notice to City of Contractor’s intention to terminate the Construction Contract. 16.2 Damages to Contractor. In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph 15.5.1 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind. SECTION 17 ACCOUNTING RECORDS. 17.1 Financial Management and City Access. Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices. City and City's accountants during normal business hours, may inspect, audit and copy Contractor's records, books, estimates, take-offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project. Contractor shall retain these documents for a period of three (3) years after the later of (i) Final Payment or (ii) final resolution of all Contract Disputes and other disputes, or (iii) for such longer period as may be required by law. Attachment A Invitation for Bid (IFB) Package 17 Rev. March 17, 2017 CONSTRUCTION CONTRACT 17.2 Compliance with City Requests. Contractor's compliance with any request by City pursuant to this Section 17 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. City many enforce Contractor’s obligation to provide access to City of its business and other records referred to in Section 17.1 for inspection or copying by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony. SECTION 18 INDEPENDENT PARTIES. 18.1 Status of parties. Each party is acting in its independent capacity and not as agents, employees, partners, or joint ventures’ of the other party. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth. SECTION 19 NUISANCE. 19.1 Nuisance Prohibited. Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection in the performance of services under this Construction Contract. SECTION 20 PERMITS AND LICENSES. 20.1 Payment of Fees. Except as otherwise provided in the Special Provisions and Technical Specifications, The Contractor shall provide, procure and pay for all licenses, permits, and fees, required by the City or other government jurisdictions or agencies necessary to carry out and complete the Work. Payment of all costs and expenses for such licenses, permits, and fees shall be included in one or more Bid items. No other compensation shall be paid to the Contractor for these items or for delays caused by non-City inspectors or conditions set forth in the licenses or permits issued by other agencies. SECTION 21 WAIVER. 21.1 Waiver. A waiver by either party of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. Attachment A Invitation for Bid (IFB) Package 18 Rev. March 17, 2017 CONSTRUCTION CONTRACT SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS. 22.1 Governing Law. This Construction Contract shall be construed in accordance with and governed by the laws of the State of California, and venue shall be in a court of competent jurisdiction in the County of Santa Clara, and no other place. 22.2 Compliance with Laws. Contractor shall comply with all applicable federal and California laws and city laws, including, without limitation, ordinances and resolutions, in the performance of work under this Construction Contract. 22.2.1 Palo Alto Minimum Wage Ordinance. Contractor shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, Contractor shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, Contractor shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. SECTION 23 COMPLETE AGREEMENT. 23.1 Integration. This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This Agreement may be amended only by a written instrument, which is signed by the parties. SECTION 24 SURVIVAL OF CONTRACT. 24.1 Survival of Provisions. The provisions of the Construction Contract which by their nature survive termination of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any termination of the Construction Contract. SECTION 25 PREVAILING WAGES. This Project is not subject to prevailing wages. Contractor is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7, if the public works contract does not include a project of $25,000 or less, when the project is for construction work, or the contract does not include a project of $15,000 or less, when the project is for alteration, demolition, repair, or maintenance (collectively, ‘improvement’) work. Or Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality Attachment A Invitation for Bid (IFB) Package 19 Rev. March 17, 2017 CONSTRUCTION CONTRACT for each craft, classification, or type of worker needed to execute the contract for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. SECTION 26 NON-APPROPRIATION. 26.1 Appropriations. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that the City does not appropriate funds for the following fiscal year for this event, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Construction Contract are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 27 AUTHORITY. 27.1 Representation of Parties. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. SECTION 28 COUNTERPARTS 28.1 Multiple Counterparts. This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. SECTION 29 SEVERABILITY. 29.1 Severability. In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected. SECTION 30 STATUTORY AND REGULATORY REFERENCES. 30.1 Amendments to Laws. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that the Contract was awarded by City, unless otherwise required by law. SECTION 31 WORKERS’ COMPENSATION CERTIFICATION. 31.1 Workers Compensation. Pursuant to Labor Code Section 1861, by signing this Contract, Contractor certifies as follows: Attachment A Invitation for Bid (IFB) Package 20 Rev. March 17, 2017 CONSTRUCTION CONTRACT “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” SECTION 32 DIR REGISTRATION AND OTHER SB 854 REQUIREMENTS. 32.1 General Notice to Contractor. City requires Contractor and its listed subcontractors to comply with the requirements of SB 854. 32.2 Labor Code section 1771.1(a) City provides notice to Contractor of the requirements of California Labor Code section 1771.1(a), which reads: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contactor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” 32.3 DIR Registration Required. City will not accept a bid proposal from or enter into this Construction Contract with Contractor without proof that Contractor and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. 32.4 Posting of Job Site Notices. City gives notice to Contractor and its listed subcontractors that Contractor is required to post all job site notices prescribed by law or regulation and Contractor is subject to SB 854-compliance monitoring and enforcement by DIR. 32.5 Payroll Records. City requires Contractor and its listed subcontractors to comply with the requirements of Labor Code section 1776, including: (i) Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, Contractor and its listed subcontractors, in connection with the Project. (ii) The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of Contractor and its listed subcontractors, respectively. Attachment A Invitation for Bid (IFB) Package 21 Rev. March 17, 2017 CONSTRUCTION CONTRACT (iii)At the request of City, acting by its project manager, Contractor and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of City’s request. City requests Contractor and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project. (iv)If the certified payroll records are not produced to the project manager within the 10-day period, then Contractor and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and City shall withhold the sum total of penalties from the progress payment(s) then due and payable to Contractor. This provision supplements the provisions of Section 15 hereof. (v)Inform the project manager of the location of contractor’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records. IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above written. CITY OF PALO ALTO ____________________________ Purchasing Manager City Manager APPROVED AS TO FORM: ____________________________ City Attorney or designee APPROVED: ____________________________ Public Works Director CONTRACTOR Officer 1 By:___________________________ Name:________________________ Title:__________________________ Date: _________________________ Officer 2 By:____________________________ Name:_________________________ Title:___________________________ Date:____________________________ Attachment A 127-59-062 127-25-070 86 127-25-088 127-25-087 127-25-051 127-25-089 127-25-056 127-59-054 127-59-053 127-59-052 127-59-051 127-59-050 127-24-031 127-59-061 127-59-060 127-59-059 127-59-058 127-22-016 127-22-156 127-22-155 127-25-003 127-25-002 127-25-049 127-25-048 127-25-047 127-25-046 127-25-045 127-25-033 127-25-034 127-25-042 127-25-041 127-25-040 127-25-036 127-25-037 127-25-090 127-25-035 127-25-052 127-25-026 127-25-027 127-25-028 127-25-029 127-25-044 127-25-039 127-25-025 127-25-055 127-25-030 127-25-031 127-25-032 127-25-001 127-22-017 127-22-023 127-22-063 127-22-062 127-22-024 127-22-158 127-22-157 127-22-022 127-22-021 127-22-020 127-22-019 127-22-160 127-22-159 127-25-043 127-59-057 127-59-056 127-59-055 127-24-021 127-24-013 127-24-014 127-24-015 127-24-022 127-24-023 127-24-024 127-24-025 127-24-026 127-24-027 127-24-028 127-24-029 127-24-030 127-24-012 127-23-052 127-23-013 127-23-014 127-23-015 127-23-016 127-23-017 127-23-018 127-23-039 127-23-009 127-23-011 127-23-012 127-23-042 127-23-041 127-23-043 127-23-040127-24-072 127-24-071 127-24-070 127-24-068 127-24-069 127-24-066 127-24-067 127-24-065 127-24-063 127-24-062 127-24-061 127-24-077 127-24-076 127-24-059 127-24-058 127-24-004 127-24-005 127-24-007 127-24-006 127-24-008 127-24-009 127-24-010 127-24-016 127-24-020 127-24-017 127-24-019 127-24-018 127-24-034 127-24-033 127-24-032 127-23-010 127-24-064 127-24-011 127-23-031 127-23-020 127-23-019 127-23-021 127-23-022 127-23-023 127-23-024 127-23-025 127-23-026 127-23-034 127-23-033 127-23-032 127-23-030 127-23-029 127-23-028 127-23-065 127-23-062 127-23-063 127-23-064 127-24-075 127-23-038 127-23-037 127-23-036 127-23-035 127-23-069 127-23-071 127-23-070 127-23-061 127-23-060 127-23-072 127-23-059 127-23-058 127-23-073 127-23-075 127-23-074 127-23-057 127-23-056 127-23-076 127-23-055 127-23-054 127-23-077 127-23-078 127-23-053 127-08-042 127-08-048 127-08-049 127-08-050 127-08-051 127-25-067 127-46-062 127-46-056 127-46-061 127-25-069 127-25-068 127-25-054 127-25-053 127-25-004 127-25-005 127-25-007 127-25-006 127-10-084 127-09-015 127-09-090 127-09-141 127-09-142 127-09-064 127-09-091 127-09-063 127-09-062 127-09-095 127-09-094 127-09-093 127-09-092 127-09-103 127-46-065 127-46-064 127-46-060 127-46-059 127-46-063 127-22-015 127-22-014 127-22-013 127-22-012 127-22-028 127-22-027 127-22-026 127-22-025 127-22-029 127-22-030 127-22-010 127-22-011 127-22-031 127-22-032 127-22-054 127-22-053 127-22-052 127-22-055 127-22-056 127-22-057 127-39-048 127-39-035 127-39-049 127-39-034 127-39-033 127-39-050 127-22-044 127-22-045 127-22-060 127-22-061 127-22-046 127-22-047 127-22-048 127-22-059 127-22-058 127-22-049 127-23-007 127-23-047 127-23-046 127-23-004 127-23-005 127-23-006 127-23-045 127-23-008 127-23-079 127-23-051 127-23-050 127-23-049 127-08-013 127-08-012 127-08-037 127-08-038 127-08-014 127-08-039 127-08-040 127-08-041 127-08-043 127-08-044 127-22-064 127-22-065 127-22-066 127-23-044 127-22-043 127-22-042 127-22-041 127-22-040 127-22-050 127-22-051 127-23-001 127-23-002 127-23-048 127-23-003 127-08-011 127-08-017 127-08-018 127-08-029 127-08-030 127-08-031 127-08-034 127-08-016 127-08-015 127-08-035 127-08-036 127-22-067 127-22-068 127-22-069 127-22-070 127-22-076 127-22-075 127-22-077 127-22-078 127-10-107 127-39-015 127-39-008 127-39-007 127-39-014 127-39-005 127-39-006 127-39-017 127-39-018 127-39-019 127-39-020 127-39-021 127-39-022 127-39-023 127-39-027 127-39-028 127-39-029 127-39-030 127-39-031 127-39-032 127-39-037 127-39-036 127-39-047 127-39-046 127-39-038 127-39-039 127-22-036 127-22-035 127-22-034 127-22-033 127-39-016 127-09-118 127-09-119 127-09-120 127-09-108 127-09-109 127-39-012 127-39-011 127-39-009 127-39-010 127-39-013 127-39-001 127-39-002 127-39-004 127-09-117 127-09-006 127-09-007 127-09-135 127-09-136 127-39-003 127-09-014 127-09-013 127-09-012 127-09-011 127-09-010 127-09-009 127-09-008 127-09-071 127-09-070 127-09-087 127-09-086 127-09-084 127-09-085 127-09-146 127-09-147 127-09-074 127-09-125 127-09-126 127-09-121 127-09-083 127-09-082 127-09-134 127-10-082 127-09-017 127-09-018 127-09-019 127-09-016 127-10-099 127-22-038 127-22-037 127-22-039 127-22-073 127-22-074 127-22-143 127-22-144 127-22-145 127-22-146 127-22-147 127-22-148 127-22-149 127-22-086 127-22-087 127-22-088 127-22-089 127-22-090 127-22-091 127-22-092 127-39-026 127-39-025 127-39-024 127-09-127 127-09-128 127-09-129 127-09-116 127-09-101 127-09-102 127-09-140 127-09-139 127-09-052 127-09-098 127-09-097 127-09-096 127-36-040 127-08-028 127-08-032 127-08-033 127-08-027 127-08-026 127-08-025 127-08-024 127-08-023 127-08-022 127-08-067 127-08-068 127-08-069 127-08-070 127-08-071 127-08-072 127-08-021 127-08-020 127-08-019 127-08-074 127-08-073 127-22-072 127-22-071 127-09-044 127-09-045 127-09-046 127-09-047 127-09-048 127-09-040 127-09-039 127-09-041 127-09-042 127-09-043 127-09-053 127-09-057 127-09-055 127-09-054 127-09-056 127-09-058 127-09-036 127-09-037 127-09-038 127-09-049 127-09-050 127-36-041 127-09-027 127-09-026 127-09-025 127-09-024 127-09-023 127-09-022 127-09-021 127-09-020127-09-088 127-09-124 127-09-123 127-09-089 127-09-130 127-09-133 127-09-112 127-09-131 127-36-029 127-36-032 127-36-031 127-09-132 127-09-035 127-09-034 127-09-033 127-09-032 127-09-031 127-09-030 127-09-029 127-09-028 127-09-059 127-09-061 127-09-060 127-36-025 127-36-026 -07-071 127-08-097 127-08-096 127-08-095 127-08-056 127-08-094 -07-058 127-07-057 127-07-056 127-07-055 127-07-054 127-23-068 127-23-067 127-23-066 127-07-072 127-08-083 127-08-082 127-08-003 127-08-002 127-08-001 127-08-066 127-08-065 127-08-059 127-08-058 127-08-057 127-08-004 127-08-063 127-08-064 127-08-005 127-08-006 127-08-081 127-08-080 127-08-079 127-08-075 127-08-076 127-08-077 127-08-078 127-08-062 127-08-007 127-08-008 127-08-009 127-08-010127-08-045 127-08-046 127-08-060 127-08-061 127-08-047 127-08-052 127-08-053 127-08-054 127-08-055 127-08-098 127-36-088 127-36-089 127-36-090127-36-091 127-36-092 127-36-110 127-36-111 127-36-112 127-36-113 127-36-114 127-36-115 127-36-116 127-36-117 127-36-118 127-36-119 127-36-120 127-36-121 127-36-122 127-36-123 127-36-124 127-36-125 127-36-126 127-36-127 127-36-128 127-36-130 127-36-129 127-36-131 127-36-132 127-36-133 127-36-134 127-36-135 127-36-136 127-36-137 127-36-084 127-36-106 127-36-087 127-36-086 127-36-085 127-36-083 127-36-082 127-36-081 127-36-080 127-36-079127-36-078 127-36-077 127-36-076 127-36-075 127-36-074 127-36-073 127-36-072 127-36-071 127-36-108 127-36-107 127-36-105 127-36-104 127-36-103 127-36-102 127-36-101 127-36-100 127-36-099 127-36-098 127-36-097 127-36-096 127-36-095 127-36-093 127-36-094 127-36-067127-36-066 127-36-068 127-36-069 127-36-070 127-36-060 127-36-061 127-36-062 127-36-063 127-36-064 127-36-065 127-36-054 127-36-055 127-36-056 127-36-057 127-36-058 127-36-059 127-36-048 127-36-049 127-36-050 127-36-051 127-36-052 127-36-053 3264 0 3250 3248 851 3188 3194 3200 883 887 873 879 3198 3224 884 895 3333 3247 869 3263 3271 881 875 882 886 888 3246 3290 883 889 3310 3330 874 880 886 887 3302 3307 978 3313 3261 3263 3275 3299 3325 3324 3318 3312 3306 940 920 910 892 895 891 32183212 3206 3256 3264 3272 925 917 903 9093251 3231 3201 3298 3275 3259 3291 3243 32273211 32123200 3224 3188 3196 3185 3179 928922 931 923 927 919 914 915 91 0 3175 3165 7 31973189 3181 933 941 949 3280 3 208 3248 3240 3232 3292 3200 3188 926 924922 918 930 3178 3224 3214 32 88 3124 938 3108 3116 3113 3119 3125 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3155 3119 3189 3181 3173 31653157 3149 3141 31333 1033 32 81 877 3262 1181 1183 1185 1189 1199 1180 1182 1186 1188 1190 1192 1198 329832923290 3288 328232803278 3272 3198319231903188 318231803178 1111 1113 1115 1119 1100 1102 1106 1110 318 3186 3188 3190 3192 3198 1112 1116 1118 1120 1122 1126 1128 1130 1151 1153 1155 1159 1150 1152 1156 1158 1160 1161 1163 1165 3280 3282 3286 3288 3290 3189 3281 3289 3291 3270 912 899 1105 11 29 1179 1178 3292 1167 1132 3285 3299 3300 L o m a V e r d e A ve n u e s Court dson Court A m es C Ja nice W ay M urray Way Kenneth Dr ive T h o m a s Dr i ve G r e e r Road St ockton Pl ace Vernon Terrace Louis Road Janice W ay T h o m a s D riveKenneth D riv e L o m a V e rd e A v e n u e Cl i f t o n C ourtBautistaCourt on Pl ace M orris Driv e a d d u x Driv e M oraga Ct Greer Road M a d dux Dr ive G eneviev e Ct B a y s h o re F r e e w a y B a y s h or e F r e e w a y W e st B a y s h ore R o a d E a st B a y s h ore R o a d K e n n e t h D riv e B oro n T a h o e L a n e L a k e Av e n u e D o n n e r L a n e A l m a n or L a n e F alle n L e af St reet y e s s a S tre et This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend abc Base Bid Project Boundary abc Bid Alternate Project Boundary 0'327' Att a c h m e n t B : L o c a t i o n M a p CITY O F PALO A L TO I N C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto vthai, 2020-05-11 10:09:54 (\\cc-maps\Encompass\Admin\Meta\View.mdb) Attachment B LOMA VERDE AVENUE TRUNK LINE IMPROVEMENT (SD-19000) IFB 178122 IFB Post Date: 3/24/2020 IFB Due Date: 4/15/2020 BID FORM SUMMARY QTY UNIT UNIT PRICE BID TOTAL UNIT PRICE BID TOTAL UNIT PRICE BID TOTAL UNIT PRICE BID TOTAL UNIT PRICE BID TOTAL UNIT PRICE BID TOTAL UNIT PRICE BID TOTAL UNIT PRICE BID TOTAL 1 Mobilization 1 LS $ 150,000.00 $ 150,000.00 $ 82,000.00 $ 82,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 110,000.00 $ 110,000.00 $ 250,000.00 $ 250,000.00 $ 120,000.00 $ 120,000.00 $ 200,000.00 $ 200,000.00 2 Public Notification and Posting 1 LS $ 2,000.00 $ 2,000.00 $ 8,000.00 $ 8,000.00 $ 4,680.00 $ 4,680.00 $ 1,500.00 $ 1,500.00 $ 2,500.00 $ 2,500.00 $ 3,000.00 $ 3,000.00 $ 25,000.00 $ 25,000.00 $ 10,000.00 $ 10,000.00 3 Traffic Control 1 LS $ 10,000.00 $ 10,000.00 $ 65,000.00 $ 65,000.00 $ 35,000.00 $ 35,000.00 $ 50,000.00 $ 50,000.00 $ 145,000.00 $ 145,000.00 $ 100,000.00 $ 100,000.00 $ 150,000.00 $ 150,000.00 $ 75,000.00 $ 75,000.00 4 Sheeting, Shoring, and Bracing 1 LS $ 100,000.00 $ 100,000.00 $ 24,000.00 $ 24,000.00 $ 88,000.00 $ 88,000.00 $ 246,120.00 $ 246,120.00 $ 115,000.00 $ 115,000.00 $ 125,000.00 $ 125,000.00 $ 110,000.00 $ 110,000.00 $ 65,500.00 $ 65,500.00 5 Install 12-inch HDPE Pipe 315 LF $ 250.00 $ 78,750.00 $ 369.00 $ 116,235.00 $ 400.00 $ 126,000.00 $ 250.00 $ 78,750.00 $ 285.00 $ 89,775.00 $ 490.00 $ 154,350.00 $ 525.00 $ 165,375.00 $ 826.00 $ 260,190.00 6 Install 15-inch HDPE Pipe 5 LF $ 300.00 $ 1,500.00 $ 480.00 $ 2,400.00 $ 500.00 $ 2,500.00 $ 400.00 $ 2,000.00 $ 470.00 $ 2,350.00 $ 525.00 $ 2,625.00 $ 1,100.00 $ 5,500.00 $ 1,000.00 $ 5,000.00 7 Install 48-inch HDPE Pipe 1,758 LF $ 580.00 $ 1,019,640.00 $ 593.00 $ 1,042,494.00 $ 700.00 $ 1,230,600.00 $ 682.00 $ 1,198,956.00 $ 618.00 $ 1,086,444.00 $ 798.00 $ 1,402,884.00 $ 975.00 $ 1,714,050.00 $ 1,404.00 $ 2,468,232.00 8 Install 60-inch Standard Storm Drain Manhole 1 EA $ 17,500.00 $ 17,500.00 $ 14,000.00 $ 14,000.00 $ 20,000.00 $ 20,000.00 $ 14,500.00 $ 14,500.00 $ 20,525.00 $ 20,525.00 $ 12,000.00 $ 12,000.00 $ 50,000.00 $ 50,000.00 $ 30,000.00 $ 30,000.00 9 Install 72-inch Standard Storm Drain Manhole 6 EA $ 20,000.00 $ 120,000.00 $ 15,250.00 $ 91,500.00 $ 22,000.00 $ 132,000.00 $ 16,500.00 $ 99,000.00 $ 18,500.00 $ 111,000.00 $ 13,000.00 $ 78,000.00 $ 52,000.00 $ 312,000.00 $ 26,000.00 $ 156,000.00 10 New Storm Drain Catch Basin Type A 6 EA $ 5,000.00 $ 30,000.00 $ 4,500.00 $ 27,000.00 $ 7,000.00 $ 42,000.00 $ 6,000.00 $ 36,000.00 $ 3,600.00 $ 21,600.00 $ 8,300.00 $ 49,800.00 $ 10,000.00 $ 60,000.00 $ 4,500.00 $ 27,000.00 11 Video Inspection of New Storm Drain Pipeline 2,078 LF $ 5.00 $ 10,390.00 $ 4.00 $ 8,312.00 $ 3.00 $ 6,234.00 $ 3.00 $ 6,234.00 $ 3.00 $ 6,234.00 $ 3.00 $ 6,234.00 $ 7.00 $ 14,546.00 $ 6.00 $ 12,468.00 12 Re-Establish Monuments to Finish Grade 5 EA $ 5,000.00 $ 25,000.00 $ 800.00 $ 4,000.00 $ 800.00 $ 4,000.00 $ 1,500.00 $ 7,500.00 $ 610.00 $ 3,050.00 $ 1,800.00 $ 9,000.00 $ 2,100.00 $ 10,500.00 $ 3,800.00 $ 19,000.00 13 Striping 1 LS $ 10,000.00 $ 10,000.00 $ 24,000.00 $ 24,000.00 $ 10,000.00 $ 10,000.00 $ 12,000.00 $ 12,000.00 $ 19,500.00 $ 19,500.00 $ 20,000.00 $ 20,000.00 $ 35,300.00 $ 35,300.00 $ 20,000.00 $ 20,000.00 14 Remove and Replace Type A Curb and Gutter 242 LF $ 50.00 $ 12,100.00 $ 102.00 $ 24,684.00 $ 50.00 $ 12,100.00 $ 75.00 $ 18,150.00 $ 104.00 $ 25,168.00 $ 55.00 $ 13,310.00 $ 114.00 $ 27,588.00 $ 95.00 $ 22,990.00 15 Remove and Replace 6-inch Type A Driveway 429 SF $ 26.00 $ 11,154.00 $ 32.00 $ 13,728.00 $ 19.00 $ 8,151.00 $ 25.00 $ 10,725.00 $ 37.00 $ 15,873.00 $ 30.00 $ 12,870.00 $ 40.00 $ 17,160.00 $ 40.00 $ 17,160.00 16 Remove and Replace 4-inch Thick Sidewalk 39 SF $ 17.00 $ 663.00 $ 25.00 $ 975.00 $ 65.00 $ 2,535.00 $ 15.00 $ 585.00 $ 112.00 $ 4,368.00 $ 50.00 $ 1,950.00 $ 34.00 $ 1,326.00 $ 35.00 $ 1,365.00 17 Remove and Replace Curb Ramps 4 EA $ 6,000.00 $ 24,000.00 $ 8,000.00 $ 32,000.00 $ 2,800.00 $ 11,200.00 $ 4,000.00 $ 16,000.00 $ 10,500.00 $ 42,000.00 $ 3,500.00 $ 14,000.00 $ 7,000.00 $ 28,000.00 $ 6,000.00 $ 24,000.00 18 Retrofit Curb-Detectable Warning Surface Only 2 EA $ 450.00 $ 900.00 $ 8,000.00 $ 16,000.00 $ 800.00 $ 1,600.00 $ 1,500.00 $ 3,000.00 $ 2,450.00 $ 4,900.00 $ 3,000.00 $ 6,000.00 $ 1,700.00 $ 3,400.00 $ 2,000.00 $ 4,000.00 19 Relocate and Replace 4" Sewer Service Lateral 6 EA $ 8,600.00 $ 51,600.00 $ 9,500.00 $ 57,000.00 $ 4,000.00 $ 24,000.00 $ 4,750.00 $ 28,500.00 $ 12,500.00 $ 75,000.00 $ 2,500.00 $ 15,000.00 $ 11,000.00 $ 66,000.00 $ 9,550.00 $ 57,300.00 20 Replace and Install Sewer Cleanout 6 EA $ 2,600.00 $ 15,600.00 $ 650.00 $ 3,900.00 $ 400.00 $ 2,400.00 $ 1,200.00 $ 7,200.00 $ 1,350.00 $ 8,100.00 $ 750.00 $ 4,500.00 $ 2,200.00 $ 13,200.00 $ 950.00 $ 5,700.00 21 Water Service Backfill 10 EA $ 5,000.00 $ 50,000.00 $ 3,500.00 $ 35,000.00 $ 1,500.00 $ 15,000.00 $ 2,500.00 $ 25,000.00 $ 2,950.00 $ 29,500.00 $ 5,500.00 $ 55,000.00 $ 9,800.00 $ 98,000.00 $ 10,000.00 $ 100,000.00 22 Gas Service Backfill 6 EA $ 5,000.00 $ 30,000.00 $ 3,500.00 $ 21,000.00 $ 1,500.00 $ 9,000.00 $ 2,500.00 $ 15,000.00 $ 2,500.00 $ 15,000.00 $ 6,500.00 $ 39,000.00 $ 8,000.00 $ 48,000.00 $ 10,000.00 $ 60,000.00 23 Water Main Backfill 2 EA $ 10,000.00 $ 20,000.00 $ 17,000.00 $ 34,000.00 $ 3,000.00 $ 6,000.00 $ 2,500.00 $ 5,000.00 $ 4,100.00 $ 8,200.00 $ 6,000.00 $ 12,000.00 $ 17,400.00 $ 34,800.00 $ 15,000.00 $ 30,000.00 24 Gas Main Backfill 2 EA $ 10,000.00 $ 20,000.00 $ 17,000.00 $ 34,000.00 $ 3,000.00 $ 6,000.00 $ 2,500.00 $ 5,000.00 $ 3,400.00 $ 6,800.00 $ 7,000.00 $ 14,000.00 $ 17,400.00 $ 34,800.00 $ 15,000.00 $ 30,000.00 25 Sewer Service Lateral to Capped & Abandoned 1 EA $ 1,500.00 $ 1,500.00 $ 2,500.00 $ 2,500.00 $ 4,000.00 $ 4,000.00 $ 2,500.00 $ 2,500.00 $ 2,100.00 $ 2,100.00 $ 600.00 $ 600.00 $ 1,000.00 $ 1,000.00 $ 7,500.00 $ 7,500.00 26 Install 60-inch Non-Standard Siphon SDMH 2 EA $ 17,500.00 $ 35,000.00 $ 26,000.00 $ 52,000.00 $ 25,000.00 $ 50,000.00 $ 16,500.00 $ 33,000.00 $ 37,750.00 $ 75,500.00 $ 15,000.00 $ 30,000.00 $ 76,800.00 $ 153,600.00 $ 51,500.00 $ 103,000.00 27 Install 72-inch Non-Standard Siphon SDMH 5 EA $ 20,000.00 $ 100,000.00 $ 28,500.00 $ 142,500.00 $ 27,000.00 $ 135,000.00 $ 18,500.00 $ 92,500.00 $ 41,650.00 $ 208,250.00 $ 18,000.00 $ 90,000.00 $ 79,300.00 $ 396,500.00 $ 51,500.00 $ 257,500.00 Base Bid Total: $ 1,947,297.00 $ 1,978,228.00 $ 2,038,000.00 $ 2,064,720.00 $ 2,253,737.00 $ 2,521,123.00 $ 3,695,645.00 $ 4,068,905.00 10% Contingency: $ 194,730.00 $ 197,823.00 $ 203,800.00 $ 206,472.00 $ 225,374.00 $ 252,113.00 $ 369,565.00 $ 406,891.00 Total Base Bid:2,142,027.00$ 2,176,051.00$ 2,241,800.00$ 2,271,192.00$ 2,479,111.00$ 2,773,236.00$ 4,065,210.00$ 4,475,796.00$ Over Engineer's Estimate:2%5%6%16%29%90%109% BID ALTERNATE QTY UNIT UNIT PRICE BID TOTAL UNIT PRICE BID TOTAL UNIT PRICE BID TOTAL UNIT PRICE BID TOTAL UNIT PRICE BID TOTAL UNIT PRICE BID TOTAL UNIT PRICE BID TOTAL UNIT PRICE BID TOTAL Alt1 Install 12-inch HDPE Pipe. 70 LF $ 250.00 $ 17,500.00 $ 369.00 $ 25,830.00 $ 450.00 $ 31,500.00 $ 245.00 $ 17,150.00 $ 285.00 $ 19,950.00 $ 570.00 $ 39,900.00 $ 575.00 $ 40,250.00 $ 410.00 $ 28,700.00 Alt2 Install 15-inch HDPE Pipe. 63 LF $ 300.00 $ 18,900.00 $ 410.00 $ 25,830.00 $ 550.00 $ 34,650.00 $ 250.00 $ 15,750.00 $ 335.00 $ 21,105.00 $ 590.00 $ 37,170.00 $ 1,320.00 $ 83,160.00 $ 641.00 $ 40,383.00 Alt3 Remove and Replace Type B Curb and Gutter 95 LF $ 105.00 $ 9,975.00 $ 101.00 $ 9,595.00 $ 60.00 $ 5,700.00 $ 75.00 $ 7,125.00 $ 104.00 $ 9,880.00 $ 49.00 $ 4,655.00 $ 120.00 $ 11,400.00 $ 95.00 $ 9,025.00 Alt4 Remove and Replace 6-inch Thick Sidewalk 236 SF $ 17.00 $ 4,012.00 $ 30.00 $ 7,080.00 $ 21.25 $ 5,015.00 $ 15.00 $ 3,540.00 $ 60.00 $ 14,160.00 $ 39.00 $ 9,204.00 $ 42.00 $ 9,912.00 $ 35.00 $ 8,260.00 Alt5 Remove and Replace Curb Ramp 1 EA $ 6,000.00 $ 6,000.00 $ 8,000.00 $ 8,000.00 $ 2,500.00 $ 2,500.00 $ 4,000.00 $ 4,000.00 $ 10,500.00 $ 10,500.00 $ 3,500.00 $ 3,500.00 $ 7,400.00 $ 7,400.00 $ 6,000.00 $ 6,000.00 Alt6 2-inch Asphalt Milling 3,725 SF $ 1.00 $ 3,725.00 $ 3.00 $ 11,175.00 $ 2.50 $ 9,312.50 $ 2.00 $ 7,450.00 $ 2.20 $ 8,195.00 $ 2.00 $ 7,450.00 $ 6.00 $ 22,350.00 $ 3.00 $ 11,175.00 Alt7 Striping 1 LS $ 3,000.00 $ 3,000.00 $ 5,000.00 $ 5,000.00 $ 2,500.00 $ 2,500.00 $ 1,400.00 $ 1,400.00 $ 4,850.00 $ 4,850.00 $ 1,500.00 $ 1,500.00 $ 12,000.00 $ 12,000.00 $ 2,000.00 $ 2,000.00 Alt8 2-inch Asphalt Concrete Overlay 22 TON $ 140.00 $ 3,080.00 $ 520.00 $ 11,440.00 $ 600.00 $ 13,200.00 $ 1,000.00 $ 22,000.00 $ 250.00 $ 5,500.00 $ 640.00 $ 14,080.00 $ 1,375.00 $ 30,250.00 $ 800.00 $ 17,600.00 Bid Alternate Total: $ 66,192.00 $ 103,950.00 $ 104,377.50 $ 78,415.00 $ 94,140.00 $ 117,459.00 $ 216,722.00 $ 123,143.00 10% Contingency: $ 6,620.00 $ 10,395.00 $ - $ 10,438.00 $ 7,842.00 $ 9,414.00 $ 11,746.00 $ 21,673.00 $ 12,315.00 Total Bid Alternate:72,812.00$ 114,345.00$ -$ 114,815.50$ 86,257.00$ 103,554.00$ 129,205.00$ 238,395.00$ 135,458.00$ Over Engineer's Estimate:57%58%18%42%77%227%86% TOTALS SUMMARY Over Engineer's Estimate:3%6%6%17%31%94%108% LOWEST BIDDER McGuire and HesterDESCRIPTIONBID # Engineer's Estimate Stoloski & Gonzalez KJ Woods Construction Ranger Pipelines $2,347,877.00 BID #DESCRIPTION LOWEST BIDDER Engineer's Estimate Stoloski & Gonzalez LOWEST BIDDER Engineer's Estimate Stoloski & Gonzalez KJ Woods Construction ATTACHMENT C Con-Quest Contractors JMB Construction Pacific Underground Con-Quest Contractors JMB Construction Pacific Underground KJ Woods Construction Ranger Pipelines McGuire and Hester Ranger Pipelines McGuire and Hester Con-Quest Contractors JMB Construction $4,303,605.00 391,238.00$ Pacific Underground $4,611,254.00 419,206.00$ $2,902,441.00 263,859.00$ $2,638,582.00 $3,912,367.00 $4,192,048.00 Total Summary Description 10% Contingency Total Total Contract Amount $2,357,449.00 214,314.00$ Base Bid Total + Bid Alternate Total $2,013,489.00 $2,082,178.00 $2,142,377.50 $2,143,135.00 208,218.00$ 214,238.00$ $2,582,665.00 234,788.00$ $2,290,396.00 201,350.00$ $2,214,839.00 $2,356,615.50 City of Palo Alto (ID # 10883) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/1/2020 City of Palo Alto Page 1 Summary Title: Utilities Enterprise Fund Contract for Utility Line Clearing Title: Approval of Utilities Enterprise Fund Contract Number C2017692 0With Davey Surgery Tree Company for the 2020 Utility Line Clearance Project in an Amount Not-to-Exceed $14,486,057 for a Five-year Term From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council approve and authorize the City Manager or his designee to execute the attached General Service Agreement C20176920 (Attachment A), with Davey Tree Surgery Company for utility line clearing services in an amount not to exceed $14,486,057 over a five-year term. Background The City has contracted services for utility vegetation management since the mid-1980’s to ensure the clearing of trees and other vegetation from electrical conductors, poles, substations, fiber optic lines, traffic signals, and streetlights throughout Palo Alto. The most recent utility vegetation management contract was for a five-year term with Utility Tree Service LLC that ended on February 22, 2020. The City issued a Request for Proposals (RFP) for utility vegetation management services on November 25, 2019.Recent trends in the tree care industry, and specifically in the line clearance tree trimming sector, have impacted the new solicitation.There is increased pressure on Investor Owned Utilities such as PG&E to reduce the potential for fires around their electric infrastructure. This pressure has resulted in a dramatic increase in utility vegetation management activity on behalf of these Investor Owned Utilities.This has contributed to a statewide shortage of qualified line clearance tree workers.In addition to this increased demand for qualified workers, a recent State Assembly Bill, SB 247, has mandated that these tree workers be “…paid a rate no less than the prevailing wage rate for a first period apprentice electrical utility lineman…”.This increased base pay rate is 36 percent higher than the 2019 prevailing wage document for this trade. In addition to this increase in base pay there are additional benefits included in the requirements which further increase the labor cost of companies providing these services. City of Palo Alto Page 2 Discussion The work to be performed under the contract includes clearing of trees and other vegetation from the overhead electric distribution system throughout the City.Clearing vegetation from power lines is an on-going operation necessary to ensure the City provides safe, reliable power to the City’s utility customers.Clearance requirements have been established by the California Public Utilities Commission for Investor Owned Utilities and these requirements have been accepted as the applicable standard for vegetation clearance in the City of Palo Alto.All tree work must conform to the techniques and standards specified in the Tree Care Industry Association standard of care (ANSI A300 –Tree, Shrub and Other Woody Plant Maintenance – Standard Practices).As a utility operator, the City of Palo Alto is subject through regulatory requirements to keep all vegetation away from utility infrastructure regardless of ownership of said vegetation. This contract for vegetation management is separate from the City’s overall tree trimming contract in that it specifically addresses utility line clearance. Utility line clearance work requires additional personnel certifications and equipment requirements not needed for standard tree trimming.The proposed contract with Davey Tree Surgery Company requires adherence to these standards and to equipment requirements for utility line clearing. The term of the contract is five years.Staff has found that a multi-year contract is advantageous to the City as it allows a contractor to better amortize major equipment purchases and retain highly qualified workers, and in turn lower prices are proposed for the work. The work quantities included in the proposed rate schedules are based on recent work history by the previous line clearing contractor.Tree growth is highly dependent on precipitation; therefore, the actual work levels and costs may be higher or lower than the estimated quantities in the solicitation. The rate schedule establishes the unit and hourly rates for each type of work included in the contract scope. Summary of RFP Process The Request for Proposals (RFP) for utility vegetation management services was distributed to potential contractors via planetbids.com and a competitive solicitation notification was emailed directly to arboricultural companies on November 25, 2019. Additionally, a pre-proposal meeting was held on December 9, 2019. The proposal period was 52 days. Proposals were received from two qualified contractors, Utility Tree Service, Inc. (UTS) and Davey Tree Surgery Co. (Davey) on January 15, 2020.The quantities given in the cost proposal schedules were based on an average amount of work that might be expected in a twelve-month period and were given as a basis for comparison of proposal costs. The City did not guarantee that the actual amount or proportion of work would correspond therewith. RFP Name/Number 2020 Utility Line Clearing Services / RFP 176920 Proposed Length of Project 5 years Number of Prospective Proposers on PlanetBids 128 vendors City of Palo Alto Page 3 Total Days to Respond to RFP 52 days Number of Company Attendees at Pre- Proposal Meeting 6 Number of Proposals Received 2 Proposal Price Range (Includes additional services) $12,360,748 to $14,486,057 An evaluation committee consisting of three City staff members from the Public Works department reviewed and evaluated the proposals according to the criteria identified in the RFP.The criteria used to evaluate the proposals were as follows: ·Quality of the proposal ·Quality, performance and effectiveness of the solution, goods and/or services to be provided by the contractor ·Contractor's experience, including the experience of staff to be assigned to the project, with engagements of similar scope and complexity ·Cost to the city ·Contractor's financial stability ·Contractor's ability to perform the contract within the time specified ·Contractor's prior record of performance with city or others ·Contractor's ability to provide future maintenance, repairs parts and/or services ·Contractor's compliance with applicable laws, regulations, policies (including city council policies), guidelines and orders governing prior or existing contracts performed by the contractor ·Acceptability of any additional contract terms and conditions as proposed by contractor Staff recommends that the Davey proposal of $14,486,057 for a maximum five-year term submitted be accepted based on responsiveness to the City’s needs as defined by the evaluation criteria. The proposal from Davey scored well across all the evaluation criteria. Davey’s proposal thoroughly addressed the needs of the line clearance program. Davey outscored UTS during the criteria evaluation process even though the UTS proposal had a lower overall cost. UTS included a list of ten contract exceptions, several of which were operationally unacceptable to Public Works staff and would have been likely to result in adverse impacts to the City such as increased administration, reduced productivity, or delayed responses. The proposed first year budget amount for the new contract is $2,728,939, a 90 percent increase over the fifth-year amount of $1,436,748 under the previous contract with Utility Tree Service LLC.Negotiations were conducted between the City and Davey. The main objective of these negotiations for the City was to secure the best pricing possible for the services included in this contract. Staff met with Davey for three negotiation sessions. Two of these sessions took place after it became clear that the COVID-19 pandemic would impact the city’s revenues and City of Palo Alto Page 4 budget. While the negotiations did result in substantial savings to the City via reduced unit and hourly pricing, a reduction in estimated work quantities was still required to keep the contract within the budget capacity of the Electric Fund. This agreed upon reduction in estimated work quantities compared to the previous contract was used to calculate the total costs for the five- year term. Staff believes it is possible to meet minimum regulatory compliance with this budget.Should additional work be needed, staff will return to Council to propose service level options together with associated costs and propose an amendment to the contract. This contract includes a 90-day per-unit pricing review (Exhibit C of the contract) that was added during negotiations.This clause provides that during the 90-day trial period the City will pay the contractor at the hourly rate for all assigned work. After the 90-day period has closed, the contractor and City will evaluate and assess the per-unit pricing and negotiate a reduced rate if possible. If a lower unit rate cannot be agreed upon after the 90-day trial period, the City will assign lower quantities of unit work and will instead assign this work as hourly.If a lower unit rate cannot be established, staff will consider soliciting proposals for a new contract if market conditions improve.Staff will also evaluate the cost-effectiveness of adding additional Urban Forestry staff and equipment to accomplish the work in comparison to the contract cost. Staff confirmed with the Contractor’s State License Board that Davey has an active license on file.Davey has performed satisfactory work for the City on a similar multi-year contract established from 1999 to 2008 for power line clearing services. This contract is on the City’s General Services template, which permits the City to terminate without cause/for convenience by providing written notice to the contractor.In the event the City finds itself facing a challenging budget situation, and it is determined that City resources need to be refocused elsewhere, the City can terminate for convenience.Other options include termination due to non-appropriation of funds or amending the contract to reduce the cost, for example, by reducing the scope of work. Timeline Davey will begin the requested services within seven days of the City’s issuance of a Notice to Proceed. Resource Impact Funding for the first year of this contract is available in the Fiscal Year 2020 Electric Fund operating budget.Continued work and funding under this contract for Fiscal Year 2021 through Fiscal Year 2024 will be subject to Council approval of annual budget appropriations. The contractor’s rates for contract years 2-5 during the term include escalation as shown in the table below. FY2020 FY2021 FY2022 FY2023 FY2024 5 YR TOTAL Base Amount $2,598,990 $2,676,563 $2,756,827 $2,839,501 $2,924,364 $13,796,245 City of Palo Alto Page 5 Contingency $129,949 $133,828 $137,841 $141,975 $146,218 $689,812 Annual Contract Total $2,728,939 $2,810,392 $2,894,668 $2,981,476 $3,070,582 $14,486,057 Policy Implications The approval of this contract is consistent with existing policies. Stakeholder Engagement Stakeholder engagement is not applicable to this contract. Environmental Review The recommended action is exempt from review under the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301(h) [maintenance of existing landscape]. Attachments: ·Attachment A -C20176920 Davey Tree Surgery Co. -Legal Reviewed05062020 City of Palo Alto General Services Agreement 1 Rev. March 29, 2018 UTILITY LINE CLEARING SERVICES PROJECT CITY OF PALO ALTO CONTRACT NO. C20176920 GENERAL SERVICES AGREEMENT THIS GENERAL SERVICES AGREEMENT (this “Agreement”) is made and entered into on the 18th day of May, 2020, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and DAVEY TREE SURGERY COMPANY, a Delaware corporation, located at 2617 South Vasco Road, Livermore, CA 94550, Telephone Number: (925) 443-1723 (“CONTRACTOR”). In consideration of their mutual covenants, the parties hereto agree as follows: 1. SERVICES. CONTRACTOR shall provide or furnish the services (the “Services”) described in the Scope of Services, attached at Exhibit A. 2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement: “A” - Scope of Services “B” - Schedule of Performance “C” – Schedule of Fees “C-1” – Rate Schedule “D” - Insurance Requirements THIS AGREEMENT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED. 3. TERM. The term of this Agreement is from May 18, 2020 to May 17, 2025 inclusive, subject to the provisions of Sections R and W of the General Terms and Conditions. 4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in the Schedule of Performance, attached at Exhibit B. Time is of the essence in this Agreement. 5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any: City of Palo Alto General Services Agreement 2 Rev. March 29, 2018 The total maximum lump sum compensation of dollars ($ ); OR The sum of dollars ($) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of Fourteen Million Four Hundred Eighty-Six Thousand Fifty-Six Dollars and eighty-Eight Cents ($14,486,056.88). CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY. Included in the maximum compensation amount set forth above, CITY has set aside the sum of Six Hundred Eighty-Nine Thousand Eight Hundred Twelve dollars and Twenty-Three cents ($689,812.23) for Additional Services. If requested by CITY, CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee. CONTRACTOR, at the CITY’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be based on the rates set forth in Exhibit C-1 (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed the amount set forth above for Additional Services. Performance of and payment for Additional Services is subject to all requirements and restrictions in this Agreement. 6. COMPENSATION DURING ADDITIONAL TERMS. CONTRACTOR’S compensation rates for each additional term shall be the same as the original term; OR CONTRACTOR’s compensation rates shall be adjusted effective on the commencement of each Additional Term. The lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in section 5 above, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the City of Palo Alto General Services Agreement 3 Rev. March 29, 2018 San Francisco-Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPI published most immediately preceding the commencement date of the then expiring term. Notwithstanding the foregoing, in no event shall CONTRACTOR’s compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding term. Any adjustment to CONTRACTOR’s compensation rates shall be reflected in a written amendment to this Agreement. 7. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 7, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. Public Contract Code Section 9204 mandates certain claims procedures for Public Works Projects, which are set forth in “Appendix ___ Claims for Public Contract Code Section 9204 Public Works Projects”. This project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Appendix __, attached hereto and incorporated herein. OR This project is not a 9204 Public Works Project. 8. INVOICING. Send all invoices to CITY, Attention: Project Manager. The Project Manager is: Peter Gollinger, Dept.: Public Works, Urban Forestry Division, Telephone: (650) 496-6946. Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more frequently than monthly. Invoices shall provide a detailed statement of Services performed during the invoice period and are subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt. GENERAL TERMS AND CONDITIONS A. ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and conditions set forth in sections 1 through 8 above, these general terms and conditions and the attached exhibits. City of Palo Alto General Services Agreement 4 Rev. March 29, 2018 B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of this Agreement, entitled “SERVICES,” and that every individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on CONTRACTOR’s representations regarding its skills, knowledge, and certifications. CONTRACTOR shall perform all work in accordance with generally accepted business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations. C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be responsible for employing or engaging all persons necessary to complete the work required under this Agreement. D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors. E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR’s business. F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders. G. PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONTRACTOR shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONTRACTOR shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. City of Palo Alto General Services Agreement 5 Rev. March 29, 2018 H. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or private property that occurs in connection with CONTRACTOR’s performance of the Services. CITY may decline to approve and may withhold payment in whole or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR’s performance of the Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR’s request. When the grounds described above are removed, payment shall be made for amounts withheld because of them. I. WARRANTIES. CONTRACTOR expressly warrants that all services provided under this Agreement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirements of this Agreement. CONTRACTOR expressly warrants that all materials, goods and equipment provided by CONTRACTOR under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace or correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a period of one year from completion of the Services and shall survive the completion of the Services or termination of this Agreement. J. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to determine whether CONTRACTOR’s work is completed in a satisfactory manner and complies with the provisions of this Agreement. K. CITY’S PROPERTY. Any reports, information, data or other material (including copyright interests) developed, collected, assembled, prepared, or caused to be prepared under this Agreement will become the property of CITY without restriction or limitation upon their use and will not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager. L. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for three (3) years from the date of final payment, CONTRACTOR’s records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) following the terms of this Agreement. City of Palo Alto General Services Agreement 6 Rev. March 29, 2018 M. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement. N. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term of this Agreement, the insurance coverage described at Exhibit D. Insurance must be provided by companies with a Best’s Key Rating of A- :VII or higher and which are otherwise acceptable to CITY’s Risk Manager. The Risk Manager must approve deductibles and self-insured retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a policy endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfactory to the Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of insurance shall not operate to limit CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement. O. HOLD HARMLESS. To the fullest extent permitted by law and without limitation by the provisions of section N relating to insurance, CONTRACTOR shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from and against any and all demands, claims, injuries, losses, or liabilities of any nature, including death or injury to any person, property damage or any other loss and including without limitation all damages, penalties, fines and judgments, associated investigation and administrative expenses and defense costs, including, but not limited to reasonable attorney’s fees, courts costs and costs of alternative dispute resolution), arising out of, or resulting in any way from or in connection with the performance of this Agreement. CONTRACTOR’s obligations under this Section apply regardless of whether or not a liability is caused or contributed to by any negligent (passive or active) act or omission of CITY, except that CONTRACTOR shall not be obligated to indemnify for liability arising from the sole negligence or willful misconduct of CITY. The acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification. City of Palo Alto General Services Agreement 7 Rev. March 29, 2018 The provisions of this Section survive the completion of the Services or termination of this Agreement. P. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONTRACTOR acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. Q. WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of Califor- nia which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing and during the performance of the Services. R. TERMINATION. The City Manager may terminate this Agreement without cause by giving ten (10) days’ prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the City Manager may terminate this Agreement immediately upon written notice of termination. Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue performance. CITY shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If the termination is for cause, CITY may deduct from such payment the amount of actual damage, if any, sustained by CITY due to CONTRACTOR’s failure to perform its material obligations under this Agreement. Upon termination, CONTRACTOR shall immediately deliver to the City Manager any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. Such materials shall become the property of CITY. S. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written consent of CITY. No amendments, changes or variations of any kind are authorized without the written consent of CITY. City of Palo Alto General Services Agreement 8 Rev. March 29, 2018 T. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Agreement. CONTRACTOR further covenants that, in the performance of this Agreement, it will not employ any person having such an interest. CONTRACTOR certifies that no CITY officer, employee, or authorized representative has any financial interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. CONTRACTOR agrees to advise CITY if any conflict arises. U. GOVERNING LAW. This Agreement shall be governed and interpreted by the laws of the State of California. V. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire agreement between the parties with respect to the services that may be the subject of this Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the Agreement itself controls over any conflicting provisions in the exhibits. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written. W. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. X. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONTRACTOR shall comply with CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Division, which are incorporated by reference and may be amended from time to time. CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONTRACTOR shall comply with the following zero waste requirements: • All printed materials provided by CONTRACTOR to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double- sided and printed on a minimum of 30% or greater post-consumer content City of Palo Alto General Services Agreement 9 Rev. March 29, 2018 paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable based inks. • Goods purchased by Contractor on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including, but not limited to, Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office. • Reusable/returnable pallets shall be taken back by CONTRCATOR, at no additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. Y. AUTHORITY. The individual(s) executing this Agreement on behalf of the parties represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. Z. PREVAILING WAGES This Project is not subject to prevailing wages. CONTRACTOR is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7, if the Agreement is not a public works contract, if Agreement does not include a public works construction project of more than $25,000, or the Agreement does not include a public works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than $15,000. OR Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the Agreement for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. City of Palo Alto General Services Agreement 10 Rev. March 29, 2018 AA. DIR REGISTRATION. In regard to any public work construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONTRACTOR without proof that CONTRACTOR and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONTRACTOR and its listed subcontractors to comply with the requirements of SB 854. CITY provides notice to CONTRACTOR of the requirements of California Labor Code section 1771.1(a), which reads: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the Agreement is awarded.” CITY gives notice to CONTRACTOR and its listed subcontractors that CONTRACTOR is required to post all job site notices prescribed by law or regulation and CONTRACTOR is subject to SB 854-compliance monitoring and enforcement by DIR. CITY requires CONTRACTOR and its listed subcontractors to comply with the requirements of Labor Code section 1776, including: Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONTRACTOR and its listed subcontractors, in connection with the Project. The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONTRACTOR and its listed subcontractors, respectively. At the request of CITY, acting by its project manager, CONTRACTOR and its listed subcontractors shall make the certified payroll records available for inspection or City of Palo Alto General Services Agreement 11 Rev. March 29, 2018 furnished upon request to the project manager within ten (10) days of receipt of CITY’s request. [For state- and federally-funded projects] CITY requests CONTRACTOR and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project. If the certified payroll records are not produced to the project manager within the 10-day period, then CONTRACTOR and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONTRACTOR. Inform the project manager of the location of CONTRACTOR’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records. BB. CONTRACT TERMS. All unchecked boxes do not apply to this Agreement. In the case of any conflict between the terms of this Agreement and the exhibits hereto or CONTRACTOR’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONTRACTOR’s proposal, the exhibits shall control. 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 DAVEY TREE SURGERY COMPANY ______________________________ By________________________________________ City Manager or Designee Name Title Telephone: (925) 443-1723 Approved as to form: By________________________________________ Name _____________________ City Attorney or Designee Title Telephone: (925) 443-1723 Larry Evans VP & General Manager Erika Schoenberger General Counsel, Secretary City of Palo Alto General Services Agreement 12 Rev. March 29, 2018 EXHIBIT A SCOPE OF SERVICES The scope of contracted work shall consist of vegetation management near City of Palo Alto utility infrastructure. Methods may include but are not limited to: tree pruning, tree removal, and weed abatement. Types of vegetation may include trees, palms, shrubs, vines, brush and grasses or weeds. Work locations may include any utility infrastructure or utility facilities within the City of Palo Alto, hereafter referred to as the City. Work shall be administered, and approved by representatives of the Department of Public Works, Public Services Division - Urban Forestry Section. SECTION 1 - PROVISIONS 1.01 GENERAL CONDITIONS Contractor shall be aware of and shall comply with the City of Palo Alto Municipal Codes governing tree work, traffic control and any other regulations that may affect operations. It shall be understood that the Contractor will be required to perform and complete the proposed line clearance work in a thorough and professional manner, and to provide all labor, tools, equipment, materials and supplies necessary to perform the work described herein in strict accordance with these specifications and subject to the terms and conditions of the contract. All work shall be performed by a tree care contractor who shall be licensed by the State of California Contractors State License Board (Classification C- 61 - Category D-49) to provide such contract services within the State of California. The General Conditions for this contract shall be in accordance with the General Provisions of the City of Palo Alto Standard Drawings and Specifications. In case of conflict, the Project Specifications shall take precedence over the City of Palo Alto Standard Drawings and Specifications. 1.02 WORK COVERED BY CONTRACT A. The work of this Contract comprises the City of Palo Alto’s Power Line Clearing Program located in Palo Alto, California. B. The work of this Contract includes, but is not limited to, line clearing, tree removal and utility pole clearing within the city limits of Palo Alto. C. The work of this Contract includes, but is not limited to, the work of the following sections: 1. Section 2 - Proposal Items. 2. Section 3 - Coordination. City of Palo Alto General Services Agreement 13 Rev. March 29, 2018 3. Section 4 - Project Meetings. 4. Section 5 - Quality Control. 5. Section 6 – Job Site Requirements. 6. Section 7 - Traffic Control. 7. Section 8 - Tree Removal and Non-Exempt Pole Clearing. 8. Section 9 - Line Clearing. END OF SECTION 1 City of Palo Alto General Services Agreement 14 Rev. March 29, 2018 SECTION 2 – PROPOSAL ITEMS 2.01 CONTRACT ITEM 1 – UNIT COST LINE CLEARING WORK A. Measurement: This item will be measured on a per each basis as identified by the City’s Inspector, however the City will only pay for trees that are at least six (6) feet apart in a line parallel with the electrical conductors as measured at the trunk base. Trees less than six (6) feet apart shall be considered one unit and will be paid as such. B. Payment: This item will be paid for on a per each basis as measured above. Payment will include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in completing this item of work as shown on the Plans and in the Specifications. 2.02 CONTRACT ITEM 2 – HOURLY COST LINE CLEARING WORK A. Measurement: This item will be measured on a per hour basis (to the nearest quarter hour) for each two (2)-person crew. Time at the Municipal Service Center, job site(s) and travel time between job site(s) will be measured. Time used for the disposal of wood debris generated at job site(s) will not be measured. Travel time to and from Palo Alto will not be measured. Lunchtime will not be measured. B. Payment: This item will be paid on a per hour basis (to the nearest quarter hour) for each two (2)-person crew. A three (3)-person crew, when approved and deemed appropriate by the Project Manager, will be paid at the rate specified in the schedule of fees. Payment will include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in completing this item of work as shown on the Plans and in the Specifications. The City will not pay for non-productive time due to vehicle or equipment breakdowns, or lack of proper equipment to do the job. Overtime work shall only be authorized by the Project Manager. The Contractor shall charge the City no more than the minimum overtime rate required by federal and state law. Emergency crews will be paid only for the hours worked on the job, not for “standby” time, outside the normal working hours. 2.03 CONTRACT ITEM 3 – UNIT COST POLE CLEARING A. Measurement: This item will be measured on a per each basis from a list of non-exempt poles provided by the City’s Project Manager. City of Palo Alto General Services Agreement 15 Rev. March 29, 2018 B. Payment: This item will be paid on a per each basis. Payment will include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in completing this item of work as shown on the Plans and in the Specifications. 2.04 CONTRACT ITEM 4 – UNIT COST POLE CLEARING & SPRAYING A. Measurement: This item will be measured on a per each basis from a list of non-exempt poles provided by the City’s Project Manager. B. Payment: This item will be paid for on a per each basis. Payment will include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in completing this item of work as shown in the Specifications. 2.05 ADDITIONAL WORK Upon request from another City Department or working group, contractor may accept additional Work outside the limits of this contract. This work will be performed to the contract specifications and billed at the same unit and hourly rates listed in this contract. Invoices for these services will be submitted to the requesting City Department or working group and will be paid separately from funds other than those designated for this contract. Some examples of potential additional work include: Utility Improvement Projects Trees that will be impacted by development of new electric infrastructure or updates to existing electrical infrastructure requiring pruning or removal will be paid at the unit costs for the associated type of work, unless access is restricted, significant travel is required between job sites and/or the job requires specialized equipment detailed in hourly rates. All work for Utility Improvement Projects will be authorized and coordinated by the Program Manager or Urban Forester. Tree work for other Departments Trees that belong to the City but are outside the Scope of Services for this contract. Examples might include trees effected by City facility development or improvement projects, and possible safety or security enhancement projects. All additional work for other departments will be coordinated by the Project Manager in conjunction with the requesting Department. City of Palo Alto General Services Agreement 16 Rev. March 29, 2018 2.06 ESTIMATED QUANTITIES NOT GUARANTEED The estimated quantities specified herein are not a guarantee of actual quantities, as the City does not guarantee any particular quantity of tree trimming or removal services during the term of this Contract. The quantities may vary depending upon the actual needs of the City. The quantities specified herein are good faith estimates of usage during the term of this Contract. The City shall not be liable for any contractual agreements/obligations the Contractor enters into based on the quantities specified herein. END OF SECTION 2 City of Palo Alto General Services Agreement 17 Rev. March 29, 2018 SECTION 3 - COORDINATION 3.01 SECTION INCLUDES A. Products B. Hours of work. C. Daily schedule. D. Project schedule. E. Emergency operations. F. Customer notification. G. Post Audits. H. City representation. PRODUCTS 3.02 DAILY WORK REPORT FORMS Contractor will use forms furnished by the City to report work completed. Contractor may also be asked to report work completed to the city via smart phone or tablet using a tree inventory software system designated by the City in lieu of using paper forms. 3.03 DOOR HANGERS The Contractor shall provide all crews with door hangers. The door hangers are to be used to provide notification for impending work whenever a privately owned tree requires clearance. The City’s Project Manager will provide the Contractor with the wording to use on the door hanger at the pre-construction conference, and will approve design of the door hanger prior to distribution. 3.04 VEHICLE SIGNS The Contractor shall install signs on both sides of all trucks stating “LINE CLEARING CONTRACTOR FOR THE CITY OF PALO ALTO – CALL 496-5953” in three (3) inch size lettering. 3.05 EMPLOYEE ID CARDS The City shall furnish supplemental photo identification for Crew Foreman and field personnel, showing the Contractor is working for the City. 3.06 HOURS OF WORK A. The Contractor shall limit its operations to the hours between 8:00 a.m. and 4:00 p.m. and to the days of Monday through Friday. Crews shall be at the work site and ready to start work by 8:00 a.m. Where traffic, parking or City of Palo Alto General Services Agreement 18 Rev. March 29, 2018 other constraints exist, the work week may be modified. All work week modifications shall be approved by Urban Forestry staff. On occasion, a crew or crews shall be required to start work before 8:00 a.m. The City will give the Contractor a minimum 24 hours advance notice if this situation arises. If the need arises, the contractor may propose changes to work hours, any such changes must be approved in advance by the Project Manager or Urban Forester. B. The Contractor shall not work on City holidays. City holidays are: January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September Second Monday in October November 11 Thanksgiving Day Day after Thanksgiving December 25 In the event that any of the aforementioned holidays falls on a Sunday, the following Monday shall be considered a holiday. In the event that any of the aforementioned holidays falls on a Saturday, the preceding Friday shall be considered a holiday. 3.07 DAILY SCHEDULE A. The Contractor’s General Foreman shall email a daily notification prior to the start of each day’s work that includes a legible roster and work schedule by Line Clearance Zone and address for that day. The full name of each crew member shall be listed as well as the contact phone number for each crew. B. The Contractor shall arrange for daily consultation with the City’s representative. Contractor shall seek prior authorization from the City if the crew(s) shift is other than the standard City work shift, are not working on a normal work day, or if quitting work prior to the normal quitting time. C. The Contractor shall notify the Project Manager in writing or email of changes in crew composition. D. The Contractor shall submit daily work reports on a City provided form (See Section 3, Part 2.01) detailing the previous day’s work for each crew. City of Palo Alto General Services Agreement 19 Rev. March 29, 2018 This report shall be available to the City on the following workday. The daily work report shall show the names of each crew member, the date, the line clearance zone and addresses of each work location, the number, trunk diameter and species of each tree cleared or removed, the number of person hours spent on each tree species cleared or removed and any other pertinent information required by the City. Contractor may be asked to report the same work information listed above to the city via smart phone or tablet using a tree inventory software system designated by the City in lieu of using paper forms. E. The Contractor is responsible to report all breakdown/minor maintenance for any piece of equipment during the billable portion of the workday for both man-hours and equipment. All scheduled or incidental maintenance work on equipment will be performed outside of normal work hours on the Contractor’s time. F. Upon City request during normal work hours, the Contractor shall have an hourly line clearing crew(s) available at the requested location for emergency line clearing work within one (1) hour after receipt of the City’s request. This crew(s) shall work at the standard hourly line clearing rate. 3.08 PROJECT SCHEDULE A. The Contractor shall prepare the project schedule consistent with the following requirements: 1. Work shall begin no later than seven (7) calendar days after receipt of Notice to Proceed. 2. The schedule shall provide for all work to be completed on an annual basis. The number of crews supplied shall be sufficient to complete the work within the project schedule. The Contractor shall increase or decrease the number of crews as directed by the Project Manager to meet seasonal changes in vegetation growth, fire hazard protocols, or issues related to the geography of the area. 3. Unit and hourly work in each line clearance zone shall be completed within ten (10) days of a mutually agreed upon deadline for completion. All work shall be completed to the satisfaction of the Project Manager before work commences in the next map zone. 4. Vegetation near electric conductors and non-exempt poles in the foothills area shall be cleared in the three to four weeks prior to the start of fire season, (typically June 1 through October 31). Please refer to drawing A-7 for a diagram of desired line clearance distances in the Foothills area. The area within a 12’ radius of the conductors should remain clear of vegetation. In addition, the area above the conductors vertically, starting 4 ft to either side, should City of Palo Alto General Services Agreement 20 Rev. March 29, 2018 remain clear of overhanging vegetation. These clearance standards shall be maintained through the course of the fire season. Any exceptions to these distances must be approved by City staff. 5. Should the Contractor be delayed by development of unanticipated changes, modifications or alterations made by the City, completion deadlines may be extended, but the Contractor shall have no claim for damages due to any such delay. B. The Contractor will be issued work packages by City personnel. The Contractors are expected to perform their own inspection upon receiving City work packages to ensure the prescription complies with all regulatory requirements and/or City standards. If the Contractor determines that the pre-inspector’s work prescription does not, in fact, meet all regulatory requirements and/or City standards, the Contractor must notify the City representative. The Contractor is responsible for noting any changes on the work order request. The Contractor must make notification to City representative and customer for any added trees, unless directed otherwise by a City representative. Removals added must be in accordance with City vegetation management standards and codes. The Contractor must obtain a signed removal form, provided by the City, by the property owner for all added removals. 3.09. EMERGENCY OPERATIONS A. Although normal work hours will be Monday through Friday, 8:00 a.m. to 4:00 p.m., the Contractor shall have available sufficient skilled personnel and equipment to perform all work activities covered under this contract, 24 hours a day, seven days a week, and in all types of weather. In the event of an emergency, the Contractor shall respond within two (2) hours of being notified by the City. The City will indicate that the work to be performed is an emergency. Communication with the Contractor shall be verbal, telephone/cell phone, two-way radio or email. Should an emergency occur, the Contractor may or may not be contacted by the City to assist with emergency clearing of trees, limbs, and root balls. The City will notify the Contractor the location of road(s), section of road(s), or outlying areas for clearing. The Contractor will be responsible for clearing all locations as notified by the City. All emergency pruning and tree removal services shall be in accordance with the procedures referenced in this Scope of Services, Sections 9.05 and 8.05. City of Palo Alto General Services Agreement 21 Rev. March 29, 2018 The Contractor may charge no more than the minimum overtime rates as they relate to all laws and regulations in the California Fair Labor Standards Act for emergency call-outs. B. The Contractor shall provide the City with up to five (5) hourly line clearing crews including one (1) supervisor for emergency service after the normal work hours of 8:00 a.m. to 4:00 p.m. when requested by the Project Manager. C. The Contractor shall provide the City with a current call-out list of all contract personnel and phone numbers. This list shall be updated any time there are personnel changes. D. The Contractor’s General Foreman shall be responsible for coordinating call-out personnel with the Project Manager. 3.10 CUSTOMER NOTIFICATION A. For Utility Line Clearance Services, the City or its designated representative shall be responsible for all initial property owner contact associated with completion of this work. Any subsequent customer/property owner contact by the contractor shall comply with the following conditions: 1. Any line clearance work done without property owner notification must have approval of the City representative prior to start of work. 2. Verbal notification of the property owner for routine line clearance work may be sufficient. If the property owner is not home, a notification card may be left on the door. Notification cards shall not be placed in any U.S. mailboxes. Notification cards shall only be used where the owner is likely to be present on site on a regular basis. 3. The Contractor shall provide notification to residents whenever a privately owned tree requires clearance. A door hanger shall be left at the property if verbal contact is not made. Door hangers shall be left a minimum of twenty-four (24) hours in advance of the work. 4. Absentee owners may be notified by mail or by phone. In the case of industrial, municipal, county, state, or large private holdings, the individual in the employ of the owner who is responsible for the vegetation to be cut or trimmed is considered to represent the interest of the owner. Notification to such caretakers, City of Palo Alto General Services Agreement 22 Rev. March 29, 2018 grounds maintenance supervisors or other responsible individual is an acceptable contact. 5. Removal of private trees requires the specific consent of the property owner. Contractor is to assure permission for complete tree removal has been obtained. 6. Contractor shall maintain a written note of all property owner notification by personal contact, letter, telephone call, and notification card on the work order for that location unless directed otherwise by the City’s Project Manager. The note on the work order shall include a record of the date of initial contact, party contacted, method of contact, any agreements reached and any follow-up conducted. The City will provide the Contractor with a work package of pre-notified work locations with work orders for each location. 7. If, after given such notice, the property owner raises objection to the proposed vegetation maintenance work, the Contractor shall make every reasonable effort to reach an agreement with such owner and carry out the provisions of the specifications. In the event that an owner refuses to permit line clearance work to the extent herein specified, the Contractor shall advise the City’s representative of the circumstances involved and suspend operations on the customer’s property. The City will respond to the property owner’s concerns in a timely fashion, and shall resolve the situation. The City will notify the Contractor when resolution of the property owner’s concern is reached, and work may resume on the suspended site. B. The Contractor shall notify adjacent properties of rear line clearing operations prior to the commencement of work, if their property will be impacted or affected in any way. C. If a property owner or resident will not allow the Contractor to perform the assigned work in compliance with all regulatory requirements and/or City standards the Crew Foreman is expected to report this refusal to his/her General Foreman, and record the date of the refusal at the bottom of the work order. The General Foreman shall make personal contact with the property owner or resident and attempt to resolve the concern and schedule a crew to perform the prescribed work. If the General Foreman cannot convince the property owner or resident to allow the work to be performed, the General Foreman will return the work request to the City representative. The General Foreman shall attach notes related to the customer concern, dated and signed, to the work request. City of Palo Alto General Services Agreement 23 Rev. March 29, 2018 3.11 POST AUDITS The Contractor must perform its own post job audits to confirm that it has performed all tasks required on the work order. Post job audits will also be performed by the City. In the event that work was not completed in accordance with the work order and/or City specifications, the Contractor shall re-perform the work at no additional cost to the City. In addition, the City may require the Contractor to provide documented proof of all work post-audited by contract management. Post-audits are likely to increase if any part of completed work is considered out of compliance standards and/or City specifications. 3.12 CITY REPRESENTATION A. The Project Manager will appoint an agent or an employee to represent him/her on the job site. Such representative, acting within the scope of duties assigned, will provide the following services and assistance: 1. Coordination between Project Manager and Contractor. 2. Review of the Contractor’s performance of the Work. 3. Interpretation of the Plans, Specifications and Contract Documents. 4. Review of Contractor’s progress payment estimates. 5. Distribution of work packages to the Contractor. 6. Coordination between the Contractor and City Electrical Operations representatives to ensure safety of Contract workers. 7. Determination, coordination, direction and authorization of tree removals including but not limited to: protected species, “make- safes”, and Right-tree-right-place (RTRP) candidates. END OF SECTION 3 City of Palo Alto General Services Agreement 24 Rev. March 29, 2018 SECTION 4 - PROJECT MEETINGS 4.01 SECTION INCLUDES A. General information B. Pre-construction conference. C. Monthly project meetings. 4.02 GENERAL A. MINUTES - The Project Manager will compile minutes of the pre-construction conference and each monthly meeting and will distribute copies to the City and the Contractor. B. REPRESENTATION - Contractor representative(s) attending meetings shall be qualified and authorized to act on behalf of the Contractor. C. SUBMITTALS - The Contractor shall submit a list of personnel, their qualifications and equipment to be used on this project as outlined in Section 5 ‘Quality Control’ to the Project Manager for review and approval seventy-two (72) hours before the pre-construction conference. The equipment list shall include make, model and year of vehicles; aerial lift height, chipper box capacity; tools and safety equipment for each crew. D. SPECIAL EQUIPMENT - The Contractor should also include on list above any specialized equipment and operators that would be available for non- routine work. 4.03 PRE-CONSTRUCTION CONFERENCE A. The Contractor and the Contractor's General Foreman shall attend a pre- construction conference within fourteen (14) calendar days after Award of Contract to discuss the Scope of Services and sequence of operations. B. The pre-construction conference will be held at the Public Works Operations office, Building C of the Municipal Service Center, 3201 East Bayshore Road, Palo Alto. 4.04 MONTHLY PROJECT MEETINGS A. The Contractor and the Contractor's General Foreman shall attend monthly project meetings and specially called meetings throughout progress of the Work. City of Palo Alto General Services Agreement 25 Rev. March 29, 2018 B. Pre-approved time and material request forms for removals, particularly hazardous tree work, and non-typical pruning including crown reductions, overhangs, make-safes, or any hourly work requiring non-auto or shut-offs by the City will be submitted and discussed at these meetings. C. The monthly project meetings will be held at the Public Works Operations office, Building C of the Municipal Service Center, 3201 East Bayshore Road, Palo Alto or at field locations designated by the Project Manager. END OF SECTION 4 City of Palo Alto General Services Agreement 26 Rev. March 29, 2018 SECTION 5 - QUALITY CONTROL 5.01 SECTION INCLUDES A. Company requirements. B. Personnel requirements. C. Storm response requirements. D. Equipment requirements. E. Communication device requirements. 5.02 COMPANY REQUIREMENTS A. In order to be considered for Contract award, the Contractor must be able to demonstrate that they currently provide, or has provided Utility Trimming & Removal Services that are similar in size and scope to this Contract. The Contractor must have five (5) references documenting previously performed Utility Tree Trimming & Removal Services in the state of California, and shall provide these references with their proposal submittal. References provided shall be current and not from an immediate family member of Contractor, any employee of the Contractor, or of the City. Failure to provide the requested documentation may result in disqualification of Contractor’s proposal. The City will be the sole judge as to whether the services performed for the references are similar to the scope of services contained herein, and whether the Contractor is capable of performing such services. B. Contractor shall have at least ten (10) years of current experience performing contract line clearing work in the state of California. Contractor’s local management staff shall be completely qualified to perform the work of this contract and have a minimum of five (5) years current experience performing line clearing contract work in the state of California. Contractors shall provide proof of line clearing experience in the state of California with their proposal submittal. Failure to provide the requested documentation may result in disqualification of Contractor’s proposal. C. Prior to award of Contract, the City of Palo Alto reserves the right to inspect the Contractor’s current place of business to evaluate equipment condition, capabilities, staff experience, training, and storage capabilities as they relate to the performance of this Contract. D. Contractor shall have sufficient labor and equipment resources to perform the work of this project in a safe and efficient manner. Contractor shall have a minimum crew capacity of five (5) crews with the ability to bring an additional five (5) crews and sufficient equipment for unforeseen issues City of Palo Alto General Services Agreement 27 Rev. March 29, 2018 (such emergency response) within 24 hours of request, at the discretion of the City. Contractors shall provide proof of sufficient labor and equipment resources as requested in this section to perform the work of this project with their proposal submittal. Failure to provide the requested documentation may result in disqualification of Contractor’s proposal. E. Contractors’ local office shall be located within 100 miles and Contractor’s yard shall be located within 20 miles of the City of Palo Alto’s city limits. F. The Contractor and/or its employees shall not solicit and/or perform private tree work within the city limits of Palo Alto for the duration of this Contract. Violation of this provision may be cause for termination of this Contract. 5.03 PERSONNEL REQUIREMENTS A. GENERAL FOREMAN - All work shall be performed under the supervision of the Contractor’s thoroughly experienced and qualified General Foreman. He/she shall be an International Society of Arboriculture (ISA) Certified Arborist, have a minimum of five (5) years’ experience as a utility line clearance tree trimmer or equivalent, and be line clearance certified through an OSHA approved program or equivalent. Equivalent experience will be accepted at the discretion of the City’s Project Manager. The General Foremen shall also have at least five (5) years’ experience overseeing utility line clearing tree work and shall be on the Project site at all times. The General Foreman will be subject to the approval of the Project Manager. The General Foreman shall ensure crew proficiency (professional quality) and efficiency (productivity and neatness) and shall make all personnel, equipment, and work method changes required to correct deficiencies identified by his/her own observations or by the City’s designated representative. The General Foreman shall be dedicated to the Contractor’s line clearance operation on Palo Alto’s system and shall not be assigned responsibility for any other work while the Contractor has crews at work on the City’s system. The person designated as General Foreman shall have direct charge of the work and shall be authorized to accept and execute all orders and directives issued by the Project Manager. The General Foreman shall be readily available for consultation with the Project Manager and City’s representative. The Contractor shall not change its designated General Foreman without written notification to the City seventy-two (72) hours in advance. The new General Foreman must have the required credentials and meet the City of Palo Alto General Services Agreement 28 Rev. March 29, 2018 experience requirements listed in this section and will be subject to the approval of the Project Manager. Breach of these provisions may constitute just cause for suspension of the Work until a qualified and acceptable Foreman is assigned to the Project. B. CREW - Each crew shall consist of a Crew Foreman and a Climber, or a Crew Foreman, Climber and Groundsman when deemed necessary. The Crew Foreman must be an ISA Certified Tree Worker/Climber Specialist or achieve Arborist certification status within a reasonable amount of time after contract award. He/she shall be line clearance certified through an OSHA approved program, have a minimum of five (5) current years’ experience as a utility line clearance tree trimmer, and a minimum of three (3) years’ experience as a line clearing crew Foreman. Equivalent experience will be accepted at the discretion of the Project Manager. The Climber shall have a minimum of three (3) years of experience in line clearance tree work, have certified documentation, and meet CAL OSHA requirements to work within 10 feet of energized conductors. The Climber will be under the direction of the Crew Foreman and must be familiar with Contractor’s work practices and safe work procedures, as well as the City’s standards, and specifications. The Climber will have knowledge of and understand all applicable state regulations and the use of all tools and equipment related to utility tree work. The Groundsman will be under the direct supervision of a Crew Foreman or Climber. The Groundsman will not trim trees near energized conductors. The Groundsman will be expected to work safely moving and stacking brush, raking, chipping brush, controlling traffic and other tree related duties as directed by the Crew Foreman or Climber. The competency of crew personnel shall be maintained through regular training by the Contractor emphasizing Best Management Practices, Utility Pruning of Trees ISA publication, ANSI A300 Pruning Standard-Part 1, and ANSI Z133 Safety Standard. A copy of Best management Practices, Utility Pruning of Trees ISA publication shall be in each crew truck. C. Contractors shall provide with their proposal submittal copies of all certifications, degrees, or any other requested documentation that provide evidence of their General Foreman and Crew’s experience and certifications. Failure to provide the requested documentation may result in disqualification of Contractor’s proposal. All certifications and degrees shall be current at the time of Contract award and shall remain current and up to date throughout the life of the Contract. City of Palo Alto General Services Agreement 29 Rev. March 29, 2018 D. The Contractor shall furnish all employees with a company picture identification card and company uniform to be worn during the course of this Project. The City shall furnish supplemental photo identification for Crew Foreman and field personnel, showing the Contractor is working for the City. See Section 3.05. E. The General Foreman and Crew Foreman must be able to speak and write English and receive and communicate to the crew and property owner’s instructions and information relevant to the work order. F. If the Project Manager finds the Contractor’s employee to be unsatisfactory, the Contractor shall replace that employee immediately. 5.04 STORM RESPONSE The Contractor is required, as a part of this RFP, to submit a storm plan. The plan shall address, but not be limited to, information detailing the resources the Contractor has available and the probable response time necessary to mobilize said resources at the City’s request in the event of a storm. Crew assigned to the City shall not be reassigned to storm duty to other utilities without the City’s specific approval. The City will compensate the Contractor at the rates and overheads, complying with all laws and regulations related to the California Fair Labor Standards Act, not-to-exceed twice the normal contractor rates. When crews are dispatched for storm work, equipment for proper response, in addition to required tooling, shall include, but not be limited to: hand held spotlight (minimum 200,000 candle power), flares, sufficient petty cash, rigs totally operational an fully fueled. Contract crews should be assembled and responding in less than 120 minutes from time of call by City representative. 5.05 EQUIPMENT REQUIREMENTS A. Contractors equipment must be the size and type required to perform the work described within this specification. The Contractor shall service and maintain all equipment in excellent operating condition. Servicing and maintenance shall be carried out on the Contractor’s own time and expense. No repair work shall be performed at the City’s expense. B. Contractors shall provide with their proposal submittal an equipment inventory list. Failure to provide the requested documentation may result in disqualification of Contractor’s proposal. The City will also require acceptable evidence of the prospective Contractor’s ability to obtain City of Palo Alto General Services Agreement 30 Rev. March 29, 2018 required resources. This shall be a commitment or explicit arrangement in existence at the time of a site-visit by the City of the Contractor’s facility, to rent, purchase, or otherwise acquire the needed equipment or other resources to adequately perform the Scope of Services. C. Each hourly crew shall be equipped with an aerial lift truck with 55 feet working height and chipper body with a minimum capacity of eight (8) cubic yards, large disc/drum self-feeding, high-powered chipper designed to chip large material, one (1) long extension ladder, (20’ or greater), three (3) chainsaws (two with 14 inch bar minimum, one with 22 inch bar minimum), two (2) manual pole pruners, one (1) pole saw, one (1) Sheave block (4” minimum), climbing and personal safety gear, traffic control equipment to perform the work, one (1) set of portable lighting and flares sufficient to support effective emergency work after dark, one (1) leaf blower, 1 Diameter tape (d-tape) for measuring the diameter of limbs and trees, 1 Aerosol can of water-based, Lead free, VOC compliant marking paint. A flatbed aerial lift truck may be used if a separate chipper truck is provided. D. Each unit crew shall be equipped with a chipper truck with a minimum eight (8) cubic yard capacity, large disc/drum self-feeding, high-powered chipper designed to chip large material , one (1) long extension ladder (20’ or greater) two (2) chainsaws, two (2) pole pruners, one (1) pole saw, climbing and personal safety gear, and traffic and safety control equipment, one (1) set portable lighting and flares sufficient to support effective emergency work after dark, one (1) leaf blower, 1 diameter (D-tape) for measuring the diameter of limbs and trees, 1 aerosol can of water-based, Lead free, VOC compliant marking paint. Contractor should have available upon request additional aerial lift equipment for tasks that require special equipment such as a 70 and/or 100 foot lift as referenced in Proposal Item Schedule. E. Crews working in the foothills area shall carry all required fire-fighting tools, including, but not limited to, a shovel, Pulaski and backpack fire- fighting pump in addition to their line clearing tools. Clearing around non- exempt poles will require a gas powered weed trimmer. 5.06 COMMUNICATION DEVICE REQUIREMENTS The General Foreman and Crew Foreman or equivalents must have more than one mode of communication in the field at all times such as a smart phone and two-way communication device. Smart phones will be used to facilitate communications in the field and with City personnel. The City of Palo Alto may request to utilize this technology for the transfer of electronic documents including, but not limited to, PDFs, shop papers, work request City of Palo Alto General Services Agreement 31 Rev. March 29, 2018 tags, tree inventory data, and complaints. The City would also request that all information sent electronically follow all of the City’s privacy and confidentiality requirements. END OF SECTION 5 City of Palo Alto General Services Agreement 32 Rev. March 29, 2018 SECTION 6 - JOB SITE REQUIREMENTS 6.01 SECTION INCLUDES A. Job site safety. B. Protection of property. C. Protection of utilities. D. Site use and maintenance. E. Water facilities 6.02 JOB SITE SAFETY A. The Contractor shall be solely and completely responsible for job site conditions and safety during the term of the Contract. This obligation shall include the safety of all persons within or affected by the line of construction and all public and private property affected by the Work. The Contractor’s responsibility shall be continuous and not be limited to working hours or days, and shall not cease until formal acceptance of the Work by the City except that if the City should make partial acceptance of the Work, the Contractor’s responsibility for the portion of the Work so accepted shall thereupon cease, except for latent errors in the Work or faulty construction. The Contractor shall defend, indemnify, and hold harmless the City, its officers, consultants, agents and employees, from any and all liability, real or alleged, resulting from the Contractor’s operations, except for liability arising from the sole negligence of the City, et al. 6.03 PROTECTION OF PROPERTY A. The Contractor shall be responsible for the protection of all improvements on both public and private property within and adjacent to the work area and shall take all precautions necessary to prevent damage to such improvements. The Contractor shall provide plywood and supports as needed to provide adequate protection at designated sites. Contract crews shall take care in removing branches from private property to prevent damage to house siding, fences and gates. City of Palo Alto General Services Agreement 33 Rev. March 29, 2018 Limbs and trunk sections that cannot be easily controlled by hand shall be lowered by rope or cut into smaller pieces to prevent damage to improvements. B. The Contractor shall report all damage to public and private improvements to the Project Manager within one (1) hour of the time the damage occurs. The Contractor shall notify the owner of damaged private improvements in writing the same day. C. The Contractor shall repair or replace all damaged improvements in a manner satisfactory to the Project Manager and any private property owner involved. The Contractor shall complete the repair or replacement, at Contractor's expense, within seventy-two (72) hours from the time damage occurs. D. Improvements shall include, but not be limited to, turf, trees, vegetation, pavements, irrigation systems, fences, and structures. 6.04 PROTECTION OF UTILITIES A. The Contractor shall be responsible for the protection of all utilities on both public and private property within and adjacent to the work area and shall take all precautions necessary to prevent damage to such utilities. B. The Contractor shall report all damage to public and private utilities to the Project Manager and the respective utility company within one (1) hour of the time damage occurs. The Contractor shall notify the resident and owner of any property affected by a damaged utility within one (1) hour of the time damage occurs. C. The City will repair City utilities damaged by Contractor's operations. The cost of repairs performed by the City will not be deducted from the Contract price, but shall be paid independently by the Contractor to the City. D. The Contractor shall repair or replace all non-City utilities damaged by its operations, at Contractor's expense. The Contractor shall complete repair or replacement of all essential utilities (including telephone, electrical, water and gas) the same day damage occurs. All other repair or replacement shall be completed within seventy-two (72) hours of the time damage occurs. E. Utilities shall include, but not be limited to, water, gas, sanitary sewer, storm drain system, electrical power, street lighting, traffic signals, signal detector loops, telephone, cable television, fiber optic, and any other City or private overhead or underground facilities. City of Palo Alto General Services Agreement 34 Rev. March 29, 2018 6.05 SITE USE AND MAINTENANCE A. The Contractor shall clean the work area, at the end of each working day, to a condition at least equal to that which existed before the start of work. B. The Contractor shall remove all equipment and materials from City property at the end of each working day, and at other times when the work is suspended for any reason. The Contractor shall not use City property for the overnight storage of equipment and materials. C. The Contractor shall not use private property within the City limits of Palo Alto for the storage and staging of equipment and materials without written agreement of the property owner. The Contractor shall submit a copy of the agreement to the Project Manager. 6.06 PROVIDE WATER FACILITIES A. The Contractor shall provide and maintain adequate drinking water facilities at locations easily accessible to workers during working hours. B. The Contractor shall provide all water necessary for performing the work. C. The Contractor shall not use residential or business water services for any purpose. END OF SECTION 6 City of Palo Alto General Services Agreement 35 Rev. March 29, 2018 SECTION 7 - TRAFFIC CONTROL 7.01 SECTION INCLUDES A. Traffic control devices B. Provide traffic control. C. Post “No Parking” signs. 7.02 REFERENCES A. The current edition of the Standard Specifications of the Department of Transportation, State of California, hereinafter referred to as the Caltrans Standard Specifications. B. The current edition of the California Manual on Uniform Traffic Control Devices PART 6 - Temporary Traffic Control of the Department of Transportation, State of California, hereinafter referred to as the California MUTCD. 7.03 TRAFFIC CONTROL DEVICES A. Cones: 28" high and conforming to Section 12-3.10 of the Caltrans Standard Specifications and Section 6F.64 of the California MUTCD B. Barricades: Type II and III conforming to Section 6F.63 of the California MUTCD. Each barricade shall be equipped with a Type A low intensity flashing warning light conforming to Section 6F.83 of the California MUTCD. C. Signs: Portable signs and bases conforming to Section 12-3.06 of the Caltrans Standard Specifications and Chapters 6F and 6H of the California MUTCD. Signs shall not be mounted on barricades or vehicles. D. Flashing Arrow Signs: Solar and/or battery powered and conforming to Section 6F.61 of the California MUTCD. E. Flagger Equipment: Conforming to Chapter 6E and Section 6F.31 of the California MUTCD. F. Tape: 3 inches wide, yellow vinyl barrier tape with black letters stating “Caution”. G. “No Parking” signs: Furnished by the City. City of Palo Alto General Services Agreement 36 Rev. March 29, 2018 7.04 PROVIDE TRAFFIC CONTROL A. The Contractor shall provide traffic control for all operations and shall conduct all operations so as to cause the least possible obstruction and inconvenience to the general public and vehicle, bicycle and pedestrian traffic. B. The Contractor shall furnish, place and maintain all necessary traffic control devices during its operations in conformance with the applicable requirements of this section and the California MUTCD. C. The Contractor shall notify the City of Palo Alto Police Department - Communication Division at (650) 329-2413 on a daily basis of significant traffic control measures. All scheduled work that involves lane closures shall be reported to the Project Manager a minimum of 24 hours in advance for posting to the city’s online lane closure map. D. The Contractor shall use a flashing arrow sign for lane closures on multilane streets and shall restrict lane closures on multilane streets to the hours of 9:00 a.m. to 4:00 p.m. E. Specific traffic control procedures shall include, but not be limited to, the following: 1. Partial street closure, maintain two-way traffic, provide flaggers and one traffic lane: This type of traffic control shall be used for partial closures extending either the full length or a portion of the length of a street. Part of the street shall be coned off, leaving a minimum width of twelve (12) feet open for traffic. The Contractor shall maintain two-way traffic on this street by utilizing at least two flaggers. The flaggers shall allow one direction of traffic at a time to travel in the one remaining twelve (12) foot lane. Traffic control signs shall be placed in appropriate locations at, in advance of, and after the closure. Cones shall be used to separate the traffic from the work zone. 2. Partial street closure, maintain two-way traffic, provide two traffic lanes: This type of traffic control shall be used for partial closures extending either the full length or a portion of the length of a street. Part of the street shall be coned off, and two-way traffic shall be maintained at all times by dividing the remainder of the street into two twelve (12) foot wide traffic lanes. Traffic control signs shall be placed in appropriate locations at, in advance of, and after the closure. Cones shall be used to separate the traffic from the work zone. City of Palo Alto General Services Agreement 37 Rev. March 29, 2018 3. Full lane closure on multilane street, maintain two-way traffic, provide two traffic lanes minimum: This type of traffic control shall be used for lane closure on a multilane street extending either the full length or a portion of the length of a street. The lane shall be coned off, and a flashing arrow sign and cone taper used to shift traffic into the adjacent lane. Traffic control signs shall be placed in appropriate locations at, in advance of, and after the closure. Cones shall be used to separate the traffic from the work zone. 7.05 POST “NO PARKING’ SIGNS A. The Contractor shall post “No Parking’ signs at all vehicle parking areas within or adjacent to the work zone, and at other locations where parking restrictions are required for traffic control, access or safety. B. The Contractor shall post “No Parking” signs seventy-two (72) hours before the start of work. If the start of work is on a Monday, then the signs shall be posted on the preceding Thursday. C. The Contractor shall fill in the appropriate blanks on the signs, including the notification date and time, and the preparer’s initials. D. “No Parking” signs shall be posted on both sides of barricades placed at intervals of no greater than fifty (50) feet. Barricades shall be placed in the street or in the planter as close to the street as possible. Barricades shall be removed from the work area on the same day that the work is completed. E. Vehicles, which remain parked in violation of correctly posted “No Parking” signs, will be towed away under the direction of the City of Palo Alto Police Department. The Contractor shall be responsible to request towing by contacting the CPAPD – Traffic Division at (650) 329-2683. If the “No Parking” signs have not been posted correctly and a vehicle is towed, the contractor shall be liable for the cost of towing. F. If work is not completed as indicated on the signs the Contractor shall re- post signs with updated information. The Contractor shall fully maintain the posted “No Parking” signs during the time of posting through the end of construction for the work area. END OF SECTION 7 City of Palo Alto General Services Agreement 38 Rev. March 29, 2018 SECTION 8 - TREE REMOVAL/NON-EXEMPT POLE CLEARING 8.01 SECTION INCLUDES A. Products B. Tree removal. B. Non-exempt pole clearing and spraying. C. Debris removal. 8.02 REFERENCES A. The current edition of the Manual of Traffic Controls for Construction and Maintenance Work Zones of the Department of Transportation, State of California, hereinafter referred to as the CalTrans Traffic Control Manual. B. Power Line Fire Prevention Field Guide (current edition) California Department of Forestry and Fire Protection 1416 Ninth Street Sacramento, CA 94244 C. California Department of Pesticide Regulation 1001 I Street Sacramento, CA 95814 PRODUCTS 8.03 EQUIPMENT A. Barricades: Type II conforming to Section 5-05.6 of the CalTrans Traffic Control Manual. Each barricade shall be equipped with a Type A low intensity flashing warning light conforming to Section 5-05.8 of the CalTrans Traffic Control Manual. B. Tape: 3 inches wide, yellow vinyl barrier tape with black lettering stating “Caution”. 8.04 HERBICIDES & TREE GROWTH REGULATORS A. Contact & Cut Stump: glyphosate or triclopyr (Common trade names: Round-Up and Garlon) or equivalent herbicide registered for use in California and approved by the Project Manager. City of Palo Alto General Services Agreement 39 Rev. March 29, 2018 B. Pre-emergent: indaziflam (Common trade name: Esplanade 200SC) or equivalent registered for use in California and approved by the Project Manager. C. Tree Growth Regulator: paclobutrazol (Common trade name: Profile 2SC) or equivalent registered for use in California and approved by the Project Manager. 8.05 TREE REMOVAL A. The Contractor shall remove trees at the direction of the Project Manager. All tree removals must comply with the specifications listed in the most current version of the City of Palo Alto’s Tree Technical Manual. The Contractor shall have copies of valid documentation and/or permits at the job site when performing work on protected trees. B. Specific addresses/locations will be given to the Contractor for trees marked for removal. If the physical address/location is not available, the tree(s) to be removed will be plainly marked by the City with a pre-determined color of paint. C. In locations where ordinary felling operations might cause damage to property, the trees shall be suitably dismembered and felled using recognized forestry rigging practices as stated in the most current revision of ANSI A300 and ANSI Z133 Safety Standard (encompassing OSHA work-site safety regulation), ensuring that any severed portion of the tree is under control at all times. D. After all limbs have been removed which might contact high-voltage utility lines or cause damage to other trees or property, trees shall be felled directly away from power or communication lines, structures, vehicular or pedestrian rights-of-way, or horticultural plantings. If a tree must be felled toward a power or telephone line, it shall be topped low enough to clear all conductors, poles, guys, and similar installations. E. If there is danger that the trees being felled could fall in the wrong direction or damage property, guide ropes shall be used. All limbs shall be removed from trees to a height and width sufficient to allow the tree to fall clear of any wires and other objects in the vicinity. The Contractor shall use recognized forestry rigging practices as stating in the most current revision of ANSI Z133 (encompassing OSHA work-site safety regulation). F. Due to the danger of trees falling in an unexpected direction, even though the cut is made on the proper side, the Contractor shall take precaution in roping trees, most especially those which are diseased, rotten or rotting, City of Palo Alto General Services Agreement 40 Rev. March 29, 2018 split, or in appearance to be visibly weak. The Contractor shall use recognized forestry rigging practices as stated in the most current revision of ANSI Z133 (encompassing OSHA work-site safety regulation). G. Ropes shall be used to lower all limbs of sufficient size to cause damage to other trees or surrounding public or private property. H. Before any trees are felled, workmen, other than those operating the felling equipment or giving directions to the workmen involved, shall move and remain clear of the danger zone. Any and all workers who are within the danger zone shall adhere to the safety guidelines as required by the most current revision of ANSI standards, OSHA, and any other governing policy, ordinance, standard, or law. The danger zone is that sector of the felling- area in which the tree(s) could fall. The size of the danger zone shall be determined by the Contractor upon consideration of all pertinent factors relative to the tree removal operation. Ample warning shall always be given prior to the tree falling and all workmen must stand clear in case the tree springs from the stump while falling. Prior to felling any trees, the Contractor shall clear away all brush, debris, or equipment that is not required or needed for felling of the tree. I. Under no circumstances shall a partially cut tree or debris be left standing during rest breaks, lunch breaks, or overnight. All debris created must be removed from the jobsite daily. If the Contractor must leave debris overnight, the Contractor shall contact the City for authorization. Under no circumstances shall the Contractor leave debris overnight without prior approval of the City. J. Chippers shall only be run at 15-20 minute intervals. In order to minimize offensive noise, chippers shall not be run continuously. K. The stumps of all removed trees shall be cut as close to grade as possible. Upon City approval, the Contractor shall treat it with a City-approved growth inhibitor to prevent re-sprouting. L. The work shall include removal and disposal of brush and debris generated by said work. Debris resulting from tree removal work shall be sorted as chips and wood, and shall be removed from the work site daily. Chips and wood free of trash shall be disposed of at the City of Palo Alto’s Municipal Service Department, located at 3201 East Bayshore Road. The Contractor will be supplied with free passes for this purpose by the Project Manager. All waste material regulations will apply to debris deposited by the Contractor. The City reserves the right to decline debris disposal at this location for any reason throughout this contract, and will assist the Contractor with alternate City of Palo Alto General Services Agreement 41 Rev. March 29, 2018 waste material area and chip dump locations whenever possible. If an alternate location cannot be identified, waste material shall be disposed of at the Contractor’s expense at a location approved by the City. M. Unchipped wood shall be cut into sections not to exceed eighteen (18) inches in any dimension and shall be disposed of as follows: 1. Wood requested by the resident shall be neatly stacked on the resident’s property. 2. Wood not requested by the resident shall be delivered to a specified area in Palo Alto’s Municipal Service Center Nursery. 3. Wood and debris not accepted by the City, such as palm fronds, trunk pieces, elm wood, ivy and other debris shall be disposed of appropriately at a City approved location by the Contractor. The City shall reimburse the Contractor for this work based on Green Waste Disposal rates provided by the Contractor in the Proposal Item Schedule. N. Contractor shall comply with all Federal, State and County regulations for pests, including, but not limited to, Sudden Oak Death (SOD) and Light Brown Apple Moth. Contractor shall follow the Sudden Oak Death Guidelines for Arborists (California Oak Mortality Task Force, 2008) when working in SOD areas in order to limit the spread of this disease. 8.06 NON-EXEMPT POLE CLEARING AND SPRAYING A. The Contractor shall mechanically clear and, in specified locations, chemically treat the area around non-exempt utility poles as defined in the California Department of Forestry and Fire Protection’s Power Line Fire Prevention Guide (current edition) and in conformance with the approved schedule. B. A ten (10) foot radius shall be cleared around the pole to mineral soil. In addition, poles shall be cleared of all adjacent vegetation in a ten-foot radius, from grade to eight (8) feet above grade. All vegetation cleared from the area described above shall be removed from the work site daily. Waste material shall be disposed of at the Contractor’s expense at a location designated and/or approved by the City. The Project Manager may, on a case by case basis, allow the Contractor to lop and scatter the cut vegetation outside the ten (10) foot radius cylinder. C. Contact and pre-emergent chemical applications shall be made around City of Palo Alto General Services Agreement 42 Rev. March 29, 2018 selected non-exempt poles, when requested by the City, within the ten (10) foot radius. The herbicides used shall be registered for this use and approved by the Project Manager. 1. The Contractor shall provide trained (in accordance with California Department of Pesticide Regulation requirements) individuals for this application work and a vehicle(s) capable of driving on steep, unpaved roads. The Contractor shall also provide all the necessary protective gear and equipment as required by the California Department of Pesticide Regulation. 2. Contractor shall be responsible for registering with the Santa Clara County Department of Agriculture, writing Pest Control Recommendations and filing all Pesticide Use Reports. The City will provide the Contractor with the City’s operator identification number and may provide the Contractor with written Pest Control Recommendations. 3. Contractor shall provide the City with a copy of all Pest Control Recommendations written for this work prior to any herbicide application. The Contractor shall also provide the City with the name and amount of the material applied, application date, location and target species. The City will provide a form for this reporting. 4. Contractor shall be knowledgeable of local conditions, such as Groundwater Protection Zones (GPZ) or ground water contamination areas. END OF SECTION 8 City of Palo Alto General Services Agreement 43 Rev. March 29, 2018 SECTION 9 - LINE CLEARING 9.01 SECTION INCLUDES A. Products B. Pruning standards. C. General pruning specifications. D. Electrical line clearing specifications. E. Debris disposal. F. Pest Control. 9.02 REFERENCES A. International Society of Arboriculture (ISA) P.O. Box 3129 Champaign, IL 61826 B. American National Standards Institute, Inc. (ANSI) 11 West 42nd Street New York, NY 10036 C. General Order 95 (May 2018) or current edition California Public Utilities Commission D. Power Line Fire Prevention Field Guide (2008) or current edition California Department of Forestry and Fire Protection 1416 Ninth Street Sacramento, CA 94244 E. Migratory Bird Treaty Act of 1918 PRODUCTS 9.03 DISINFECTANT A. Contact spray: Lysol or equivalent approved by the Project Manager. 9.04 GUY GUARDS B. Guy guards: Four (4) foot with bolts at each end, furnished by the City. 9.05 PRUNING STANDARDS City of Palo Alto General Services Agreement 44 Rev. March 29, 2018 A. Pruning shall conform to the techniques and standards specified in ANSI A300 (Part 1) - 2017 (Tree, Shrub and Other Woody Plant Maintenance - Standard Practices). B. Climbing spurs shall not be used on any tree to be pruned except in an emergency situation (such as aerial rescue) or when authorized by the Project Manager. C. Pruning tools shall be sterilized with disinfectant before and after pruning any elm tree. D. Contractor shall adhere to all restrictions of the Migratory Bird Treaty Act of 1918 as they apply to the work of this contract. 9.06 ELECTRICAL LINE CLEARING SPECIFICATIONS A. Drop crotch pruning is the preferred method of line clearing. When cutting a limb back to a lateral, the lateral should be at least one-third (1/3) the diameter of the limb being cut. B. When line clearing using the V-cut method for large trees directly under the lines, prune to a suitable lateral below the conductors. C. When line clearing adjacent elm trees, Contractor’s crews shall sterilize all cutting tools with disinfectant before clearing the next elm tree. D. Trees that have grown within one foot (hazard distance) of 120-240 volt, within 3 feet (hazard distance) of 2,400 volt-12kV, or within 10 feet (hazard distance) of 60 kV electrical lines shall be line cleared. These trees shall be cut to the following radial clearance distances (Drawings A1 and A2): Line Type Voltage Hazard Distance Clearance Distance Transmission 60 kV Less than ten (10) feet Ten (10) feet or more Primary 2,400V to 12kV Three feet (3) feet Six (6) feet Secondary 120 to 240V One (1) foot Three (3) feet 1. Fast growing species located under or adjacent to primary conductors may require line clearing at hazard distances greater than City of Palo Alto General Services Agreement 45 Rev. March 29, 2018 shown in the table above. The Project Manager will identify such trees. 2. At all times, trees shall be kept a radial minimum distance of eighteen (18) inches away from all conductors of 750 to 22,500 volts (see General Order 95 of the California Public Utilities Commission for voltage clearance distance minimums). 3. Vegetation shall be kept one (1) foot away, radially, from fiber optic and city communication cables. Third party communication cables are not covered under this contract. Contractor shall receive approval from the Project Manager before cutting limbs greater than three (3) inches in diameter. E. Trees underneath the conductors shall be line cleared by the drop crotch pruning method to laterals or buds growing away from the conductor (Drawing A3). Trees adjacent to the conductors shall be side trimmed back to suitable laterals or buds (Drawing A5). Exceptions to the above are as follows: 1. Oak trees shall be “channeled” or “tunneled” without spoiling the natural characteristics of the tree (Drawing A4). F. Young trees growing into the hazard zone for the first time shall be pruned to reduce the entire canopy using thinning cuts (drop crotch method). The tree height can then be maintained below the hazard distance. G. Lateral or directional pruning shall be done in a manner to conserve as much foliage as possible on limbs newly exposed to the sun so as to reduce sunscald injury. Limbs growing laterally below secondary lines shall not be cut except for branches and sprouts growing vertically towards the conductors. H. Electrical service drops shall be line cleared only when vegetation is putting a noticeable strain or abrasion on the line, or as required by the Project Manager. I. Utility poles shall be kept free of vines and other vegetation that limits access by electrical personnel. Span guy wires shall be kept free of vegetation between the pole and the insulator; down guy wires shall be kept free of vegetation above the insulator. J. Guy guards shall be installed on down guys and span guys as required by the Project Manager. City of Palo Alto General Services Agreement 46 Rev. March 29, 2018 9.07 GENERAL PRUNING SPECIFICATIONS A. General pruning specifications shall apply to all pruning work on trees City trees. These additional specifications do not apply to private trees. B. Trim all dead, dying, diseased, decayed, or decaying, and obviously weak branches and stubs which are one inch (1”) in diameter or greater. C. Limbs that are too heavy to safely support their own weight, whether due to their length, diameter, a weak crotch or structural defect, shall be lightened by thinning the end weight or heading back the ends. Where possible, thinning is preferred over heading back. Conserve inner foliage as much as possible by thinning and shortening. D. Final tree pruning cuts shall be made outside of the Branch Bark Ridge and outside of the Branch Collar. Flush cuts shall not be made. E. Tree limbs shall be removed and controlled in such a manner as to cause no damage or injury to people, animals, property, other parts of the tree, or other plants. F. The Contractor shall reference ANSI A300 2017 standards, or the most current revision, for any pruning practices not mentioned. G. Trim all trees so the natural form and shape of the tree is maintained. Unless approved by the Project Manager, the total pruning shall not exceed 25% of the tree’s crown. H. Trim to reduce or eliminate crossing, and/or rubbing branches greater than two inches (2”) in diameter to improve the structure and symmetry of the canopy. K. Final cuts six (6) inches or greater in diameter must be approved by the Project Manager. L. Structural defects, including weak crotches, splits, cracks, broken cables and decayed cavities, observed in a tree shall be reported to the City’s Inspector or Project Manager prior to pruning work. M. No person working in trees shall use shoes with spikes, spurs, or climbing irons, or any other footwear which will injure the tree. N. Clearance of foliage shall be as follows: 1. Clearance over traffic lanes and bike lanes shall be a minimum of fourteen (14) feet above pavement level. City of Palo Alto General Services Agreement 47 Rev. March 29, 2018 2. Clearance over private property shall be a minimum of ten (10) feet above ground level. Clearance from structures shall be a minimum of ten (10) feet, vertical and horizontal. 3. Clearance from street lights shall conform to Drawing A6. Clearance from traffic signals, traffic signs and stop signs shall provide adequate sight line distances to the signals or signs. Trim all branches that may interfere with illumination of a streetlight so that the light may specifically shine onto the street. O. Pruning specifications for selected species (General Specifications A-N shall apply as well): 1. Liquidambar - Reduce end weight of side limbs by shortening them back to significant laterals. These pruning cuts shall not exceed three (3) inches in diameter. Superfluous leaders shall be removed or suppressed by heading back. 2. Sycamore - Heavy, long horizontal branches shall be headed back to a suitable lateral to prevent excessive end weights from growing. Crossing branches or areas of tangled foliage shall be thinned using small pruning cuts. 3. Broadleaf Evergreen (Magnolia, Live Oak, Holly Oak, Camphor) - The canopy shall remain closed to shade the interior of the tree. Excessive vertical suckers shall be removed unless doing so will result in excessive sun exposure. Some heading or thinning may be necessary where end weights are too heavy. 4. Chinese Elm - Lighten heavy end weights and raise canopy by shortening ends back to significant laterals. Conserve inner foliage as much as possible. 5. Eucalyptus - Reduce heavy end weights by shortening ends back to significant laterals. Remove weakly attached sucker growth. P. Structural pruning of young trees shall conform to the section on training young trees in the International Society of Arboriculture Best Management Practices – Tree Pruning (2019). Q. Ivy growing on trunks of City trees shall be removed to ground level and one (1) foot laterally from the trunk at ground level. Cutting shall be done with hand tools and shall not damage the tree trunk. City of Palo Alto General Services Agreement 48 Rev. March 29, 2018 9.08 DEBRIS DISPOSAL A. Contractor shall comply with all Federal, State and County regulations for pests, including, but not limited to, Sudden Oak Death (SOD) and Light Brown Apple Moth. Contractor shall follow the Sudden Oak Death Guidelines for Arborists (California Oak Mortality Task Force, 2008) when working in SOD areas in order to limit the spread of this disease. B. Chippers shall only be run at 15-20 minute intervals. To minimize offensive noise, chippers shall not be run continuously. C. The work shall include removal and disposal of brush and debris generated by said work. Debris resulting from line clearance or tree pruning work shall be sorted as chips and wood, and shall be removed from the work site daily. Chips and wood free of trash shall be disposed of at the City of Palo Alto’s Municipal Service Department, located at 3201 East Bayshore Road. The Contractor will be supplied with free passes for this purpose by the Project Manager. All waste material regulations will apply to debris deposited by the Contractor. The City reserves the right to decline debris disposal at this location for any reason throughout this contract, and will assist the Contractor with alternate waste material area and chip dump locations whenever possible. If an alternate location cannot be identified, waste material shall be disposed of at the Contractor’s expense at a location approved by the City. D. Unchipped wood shall be cut into sections not to exceed eighteen (18) inches in any dimension and shall be disposed of as follows: 1. Wood requested by the resident shall be neatly stacked on the resident’s property. 2. Wood not requested by the resident shall be delivered to a specified area in Palo Alto’s Municipal Service Center Nursery. 3. Wood and debris not accepted by the City, such as palm fronds, trunk pieces, elm wood, ivy and other debris shall be disposed of appropriately at a City approved location by the Contractor. The City shall reimburse the Contractor for this work based on Green Waste Disposal rates provided by the Contractor in the Proposal Item Schedule. 9.09 PEST CONTROL – Bee and Pest Control/Extermination A. The Contractor shall notify the City verbally either by phone or two-way City of Palo Alto General Services Agreement 49 Rev. March 29, 2018 communication, and follow-up in writing, of a bee or wasp problem prior the Contractor performing the services as required by the work order. The City will then proceed with arranging safe removal of any bee or wasp hive. Under no circumstances shall the Contractor attempt to remove or dispose of an active bee or wasp hive. Once the hive has been removed, the City will re-issue the work order, and the Contractor shall confirm receipt of the re-issued work order within 24 hours of notification being sent. Confirmation may be via email, fax, or phone. The Contractor then has five (5) working days to begin services as described in the work order. END OF SECTION 9 (SCOPE OF SERVICES DRAWINGS FOLLOW BELOW) City of Palo Alto General Services Agreement 50 Rev. March 29, 2018 Drawing A1 Drawing A2 City of Palo Alto General Services Agreement 51 Rev. March 29, 2018 Drawing A3 Drawing A4 City of Palo Alto General Services Agreement 52 Rev. March 29, 2018 Drawing A5 Drawing A6 City of Palo Alto General Services Agreement 53 Rev. March 29, 2018 Drawing A7 City of Palo Alto General Services Agreement 54 Rev. March 29, 2018 EXHIBIT B SCHEDULE OF PERFORMANCE CONTRACTOR shall perform the Services in an ongoing manner in accordance with the daily schedule outlined in the Scope of Services. CONTRACTOR will complete each assigned work packet assigned by the city before another packet is assigned. The CITY representative will work with the contractor during the course of each assigned work packet to determine an appropriate completion date. The time to complete each work packet may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as the work is completed within the term of the Agreement. City of Palo Alto General Services Agreement 55 Rev. March 29, 2018 EXHIBIT C SCHEDULE OF FEES Compensation based upon fee schedule CITY shall pay CONTRACTOR for Services rendered as assigned by the City according to the contract year fee schedule table below and the detailed rate schedule provided in Exhibit C-1 for the applicable contract year. The maximum amount of compensation to be paid to CONTRACTOR, including both payment for Services and any specified reimbursable expenses, shall not exceed the amounts set forth in Section 5 of the Agreement. Any Services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. Unless a different timeframe is agreed upon by CITY and CONTRACTOR, the CONTRACTOR will invoice completed work to the CITY monthly. Hourly Basis and Per-Unit Basis The parties understand and agree that the CITY may assign work to the CONTRACTOR on an hourly basis or a per-unit basis, in the CITY’s sole discretion, based on the nature of the work and the CITY’s needs. Hourly pricing and per-unit pricing are set forth in Exhibit C-1. 90-day Per-Unit Pricing Review The CITY’s assignment of per-unit work to the CONTRACTOR depends in part on the CONTRACTOR’s per-unit pricing. Within 90 calendar days of the start of this Agreement, after having completed work for the CITY hereunder and having gained greater familiarity with the CITY’s trees and work assignments, CONTRACTOR will assess whether its per- unit pricing can be decreased, and CONTRACTOR will notify the CITY of the results of its assessment in writing to the CITY’s Project Manager. If CONTRACTOR does find that it can lower its per-unit pricing, it will include its revised, lower per-unit price in the aforementioned notice to the CITY’s Project Manager. This 90-day per-unit pricing review will benefit the CONTRACTOR by providing the potential to be assigned more work by the CITY on a per-unit basis, and will benefit the CITY by providing the potential of greater affordability for per-unit work. During the initial 90-day period, CONTRACTOR will be paid at the hourly rate. If production results during the 90-day period are mutually favorable to the CITY and the CONTRACTOR, and the CONTRACTOR provides a lower per-unit rate, as detailed above, the parties will execute an amendment to this Agreement as provided for in Section 27.4 herein, memorializing the lower per-unit rate, and the line clearance trimming work will be shifted to per-unit cost pricing. If unfavorable, CONTRACTOR will be assigned and paid at the hourly rate unless and until a re-proposed, lower per-unit price is mutually agreed to via an amendment to this Agreement. Notwithstanding the forgoing two City of Palo Alto General Services Agreement 56 Rev. March 29, 2018 sentences, the assignment and payment of work on an hourly basis or a per-unit basis will remain a determination made by the City in its sole discretion, based on the CITY’s needs. Contract Year Fee Schedule* *Detailed Rate Schedules by contract year are provided in Exhibit C-1. Services Additional Services (if any, per Section 5) Subtotals / Totals Contract Year 1 $2,598,989.60 $129,949.48 $2,728,939.08 Contract Year 2 $2,676,563.39 $133,828.17 $2,810,391.56 Contract Year 3 $2,756,827.12 $137,841.36 $2,894,668.48 Contract Year 4 $2,839,500.77 $141,975.04 $2,981,475.81 Contract Year 5 $2,924,363.77 $146,218.19 $3,070,581.96 Subtotals / Totals $13,796,244.65 $689,812.23 $14,486,056.88 City of Palo Alto General Services Agreement 57 Rev. March 29, 2018 ITEM ESTIMATED QUANTITIES PER YEAR UNITS RATE TOTAL PRICE 01 3100 EA $272.50 $844,750.00 02 20 EA $150.00 $3,000.00 03 10 EA $175.00 $1,750.00 04 5400 HR $263.67 $1,423,818.00 05 80 HR 2 PERSON CREW OVERTIME $382.32 $30,585.60 06 525 HR 3 PERSON CREW + EQUIP & TOOLS $356.40 $187,110.00 07 10 HR 3 PERSON CREW OVERTIME $516.78 $5,167.80 08 475 HR 1 PERSON CREW + EQUIP & TOOLS $136.10 $64,647.50 09 10 HR 1 PERSON CREW OVERTIME $197.35 $1,973.50 10 16 HR 2 PERSON CREW M-F AFTER HOURS AND ALL DAY ON WEEKENDS/HOLIDAYS $382.32 $6,117.12 11 16 HR 3 PERSON CREW M-F AFTER HOURS AND ALL DAY ON WEEKENDS/HOLIDAYS $516.78 $8,268.48 12 16 HR 1 PERSON CREW M-F AFTER HOURS AND ALL DAY ON WEEKENDS/HOLIDAYS $197.35 $3,157.60 13 200 HR 70 FT AERIAL LIFT TRUCK $39.22 $7,844.00 14 100 HR 100 FT AERIAL LIFT TRUCK $108.00 $10,800.00 SPECIAL EQUIPMENT (AS NEEDED) TOTAL, ITEMS 01-14 $2,598,989.60 TOTAL IN WORDS: Two Million Five Hundred Ninety Eight Thousand Nine Hundred Eighty Nine Dollars and Sixty Cents UNIT COST LINE CLEARING (PER TREE UNIT) UNIT COST POLE CLEARING (PER POLE) UNIT COST POLE CLEARING & SPRAYING (PER POLE) HOURLY COST LINE CLEARING - 2 PERSON CREW + EQUIPMENT & TOOLS HOURLY COST LINE CLEARING (AS NEEDED) EMERGENCY RESPONSE RATES (AS NEEDED) EXHIBIT C-1 RATE SCHEDULE - YEAR 1 (5/18/2020 to 5/17/2021) DESCRIPTION & PROPOSAL ITEM City of Palo Alto General Services Agreement 58 Rev. March 29, 2018 ITEM ESTIMATED QUANTITIES PER YEAR UNITS RATE TOTAL PRICE 01 3100 EA $280.67 $870,077.00 02 20 EA $154.50 $3,090.00 03 10 EA $180.25 $1,802.50 04 5400 HR $271.51 $1,466,154.00 05 80 HR 2 PERSON CREW OVERTIME $393.79 $31,503.20 06 525 HR 3 PERSON CREW + EQUIP & TOOLS $367.09 $192,722.25 07 10 HR 3 PERSON CREW OVERTIME $532.28 $5,322.80 08 475 HR 1 PERSON CREW + EQUIP & TOOLS $140.18 $66,585.50 09 10 HR 1 PERSON CREW OVERTIME $203.27 $2,032.70 10 16 HR 2 PERSON CREW M-F AFTER HOURS AND ALL DAY ON WEEKENDS/HOLIDAYS $393.79 $6,300.64 11 16 HR 3 PERSON CREW M-F AFTER HOURS AND ALL DAY ON WEEKENDS/HOLIDAYS $532.28 $8,516.48 12 16 HR 1 PERSON CREW M-F AFTER HOURS AND ALL DAY ON WEEKENDS/HOLIDAYS $203.27 $3,252.32 13 200 HR 70 FT AERIAL LIFT TRUCK $40.40 $8,080.00 14 100 HR 100 FT AERIAL LIFT TRUCK $111.24 $11,124.00 TOTAL, ITEMS 01-14 $2,676,563.39 TOTAL IN WORDS: Two Million Six Hundred Seventy Six Thousand Five Hundred Sixty Three Dollars and Thirty Nine Cents UNIT COST POLE CLEARING (PER POLE) UNIT COST POLE CLEARING & SPRAYING (PER POLE) HOURLY COST LINE CLEARING - 2 PERSON CREW + EQUIPMENT & TOOLS HOURLY COST LINE CLEARING (AS NEEDED) EMERGENCY RESPONSE RATES (AS NEEDED) SPECIAL EQUIPMENT (AS NEEDED) UNIT COST LINE CLEARING (PER TREE UNIT) EXHIBIT C-1 RATE SCHEDULE - YEAR 2 (5/18/2021 to 5/17/2022) DESCRIPTION & PROPOSAL ITEM City of Palo Alto General Services Agreement 59 Rev. March 29, 2018 ITEM ESTIMATED QUANTITIES PER YEAR UNITS RATE TOTAL PRICE 01 3100 EA $289.09 $896,179.00 02 20 EA $159.14 $3,182.80 03 10 EA $185.66 $1,856.60 04 5400 HR $279.65 $1,510,110.00 05 80 HR 2 PERSON CREW OVERTIME $405.60 $32,448.00 06 525 HR 3 PERSON CREW + EQUIP & TOOLS $378.10 $198,502.50 07 10 HR 3 PERSON CREW OVERTIME $548.25 $5,482.50 08 475 HR 1 PERSON CREW + EQUIP & TOOLS $144.38 $68,580.50 09 10 HR 1 PERSON CREW OVERTIME $209.37 $2,093.70 10 16 HR 2 PERSON CREW M-F AFTER HOURS AND ALL DAY ON WEEKENDS/HOLIDAYS $405.60 $6,489.60 11 16 HR 3 PERSON CREW M-F AFTER HOURS AND ALL DAY ON WEEKENDS/HOLIDAYS $548.25 $8,772.00 12 16 HR 1 PERSON CREW M-F AFTER HOURS AND ALL DAY ON WEEKENDS/HOLIDAYS $209.37 $3,349.92 13 200 HR 70 FT AERIAL LIFT TRUCK $41.61 $8,322.00 14 100 HR 100 FT AERIAL LIFT TRUCK $114.58 $11,458.00 TOTAL, ITEMS 01-14 $2,756,827.12 TOTAL IN WORDS: Two Million Seven Hundred Fifty Six Thousand Eight Hundred Twenty Seven Dollars and Twelve Cents UNIT COST POLE CLEARING (PER POLE) UNIT COST POLE CLEARING & SPRAYING (PER POLE) HOURLY COST LINE CLEARING - 2 PERSON CREW + EQUIPMENT & TOOLS HOURLY COST LINE CLEARING (AS NEEDED) EMERGENCY RESPONSE RATES (AS NEEDED) SPECIAL EQUIPMENT (AS NEEDED) UNIT COST LINE CLEARING (PER TREE UNIT) EXHIBIT C-1 RATE SCHEDULE - YEAR 3 (5/18/2022 to 5/17/2023) DESCRIPTION & PROPOSAL ITEM City of Palo Alto General Services Agreement 60 Rev. March 29, 2018 ITEM ESTIMATED QUANTITIES PER YEAR UNITS RATE TOTAL PRICE 01 3100 EA $297.77 $923,087.00 02 20 EA $163.91 $3,278.20 03 10 EA $191.23 $1,912.30 04 5400 HR $288.03 $1,555,362.00 05 80 HR 2 PERSON CREW OVERTIME $417.77 $33,421.60 06 525 HR 3 PERSON CREW + EQUIP & TOOLS $389.44 $204,456.00 07 10 HR 3 PERSON CREW OVERTIME $564.70 $5,647.00 08 475 HR 1 PERSON CREW + EQUIP & TOOLS $148.71 $70,637.25 09 10 HR 1 PERSON CREW OVERTIME $215.65 $2,156.50 10 16 HR 2 PERSON CREW M-F AFTER HOURS AND ALL DAY ON WEEKENDS/HOLIDAYS $417.77 $6,684.32 11 16 HR 3 PERSON CREW M-F AFTER HOURS AND ALL DAY ON WEEKENDS/HOLIDAYS $564.70 $9,035.20 12 16 HR 1 PERSON CREW M-F AFTER HOURS AND ALL DAY ON WEEKENDS/HOLIDAYS $215.65 $3,450.40 13 200 HR 70 FT AERIAL LIFT TRUCK $42.86 $8,572.00 14 100 HR 100 FT AERIAL LIFT TRUCK $118.01 $11,801.00 TOTAL, ITEMS 01-14 $2,839,500.77 TOTAL IN WORDS: Two Million Eight Thousand Thirty Nine Thousand Five Hundred Dollars and Seventy Seven Cents UNIT COST POLE CLEARING (PER POLE) UNIT COST POLE CLEARING & SPRAYING (PER POLE) HOURLY COST LINE CLEARING - 2 PERSON CREW + EQUIPMENT & TOOLS HOURLY COST LINE CLEARING (AS NEEDED) EMERGENCY RESPONSE RATES (AS NEEDED) SPECIAL EQUIPMENT (AS NEEDED) UNIT COST LINE CLEARING (PER TREE UNIT) EXHIBIT C-1 RATE SCHEDULE - YEAR 4 (5/18/2023 to 5/17/2024) DESCRIPTION & PROPOSAL ITEM City of Palo Alto General Services Agreement 61 Rev. March 29, 2018 ITEM ESTIMATED QUANTITIES PER YEAR UNITS RATE TOTAL PRICE 01 3100 EA $306.60 $950,460.00 02 20 EA $168.83 $3,376.60 03 10 EA $196.96 $1,969.60 04 5400 HR $296.67 $1,602,018.00 05 80 HR 2 PERSON CREW OVERTIME $430.36 $34,428.80 06 525 HR 3 PERSON CREW + EQUIP & TOOLS $401.12 $210,588.00 07 10 HR 3 PERSON CREW OVERTIME $581.69 $5,816.90 08 475 HR 1 PERSON CREW + EQUIP & TOOLS $153.17 $72,755.75 09 10 HR 1 PERSON CREW OVERTIME $222.12 $2,221.20 10 16 HR 2 PERSON CREW M-F AFTER HOURS AND ALL DAY ON WEEKENDS/HOLIDAYS $430.36 $6,885.76 11 16 HR 3 PERSON CREW M-F AFTER HOURS AND ALL DAY ON WEEKENDS/HOLIDAYS $581.64 $9,306.24 12 16 HR 1 PERSON CREW M-F AFTER HOURS AND ALL DAY ON WEEKENDS/HOLIDAYS $222.12 $3,553.92 13 200 HR 70 FT AERIAL LIFT TRUCK $44.14 $8,828.00 14 100 HR 100 FT AERIAL LIFT TRUCK $121.55 $12,155.00 TOTAL, ITEMS 01-14 $2,924,363.77 TOTAL IN WORDS: Two Million Nine Hundred Twenty Four Thousand Three Hundred Sixty Three Dollars and Seventy Seven Cents UNIT COST POLE CLEARING (PER POLE) UNIT COST POLE CLEARING & SPRAYING (PER POLE) HOURLY COST LINE CLEARING - 2 PERSON CREW + EQUIPMENT & TOOLS HOURLY COST LINE CLEARING (AS NEEDED) EMERGENCY RESPONSE RATES (AS NEEDED) SPECIAL EQUIPMENT (AS NEEDED) UNIT COST LINE CLEARING (PER TREE UNIT) EXHIBIT C-1 RATE SCHEDULE - YEAR 5 (5/18/2024 to 5/17/2025) DESCRIPTION & PROPOSAL ITEM City of Palo Alto General Services Agreement 62 Rev. March 29, 2018 EXHIBIT D INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 NO PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE City of Palo Alto General Services Agreement 63 Rev. March 29, 2018 WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON- PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 City of Palo Alto (ID # 11320) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/1/2020 City of Palo Alto Page 1 Summary Title: SF Foundation Challenge Grant MOU Title: Approval and Authorization for the City Manager or Designee to Execute Memoranda of Understanding (MOUs) With the San Francisco Foundation and PolicyLink to Accept Placement of a Fellow Under the Partnership for the Bay's Challenge Grant Program; Authorization for the Mayor to Submit a Technical Assistance Request Letter From: City Manager Lead Department: Planning and Development Services Recommendation City Staff Recommends that City Council: • Authorize the City Manager to Enter into a Memorandum of Understanding (MOU) with the San Francisco Foundation Accepting the Terms of Participation in the Challenge Grant Program; • Authorize the City Manager to Enter into an Agreement with Policy Link for the Management of the Challenge Grant Fellow; and • Authorize Mayor Fine to Sign a Technical Assistance Request Letter to PolicyLink that Allows the Challenge Grant Fellow to Work with the City of Palo Alto. Executive Summary In October 2019, City Staff submitted a Challenge Grant application to Partnership for the Bay’s Future. On February 4, 2020, City Staff was notified that the City of Palo Alto had been awarded a Challenge Grant Fellow to assist in the development of legislation that would protect renters and preserve affordable housing. Employed by PolicyLink, the Fellow will work with the Planning and Development Services Department and community partners for two years. The City has worked with the San Francisco Foundation, a lead funder of the Partnership for the Bay’s Future, as well as PolicyLink on the attached Memorandum of Understanding (Attachment A), Jurisdiction Partnership Agreement (Attachment B), and Technical Assistance Request Letter (Attachment C). City of Palo Alto Page 2 Background The City Council has identified helping renters through research and implementation of policies and programs as a priority. The need for renter protections came into sharp focus for the City Council in 2018 when a property owner proposed the conversion of an existing and historically affordable apartment complex into a hotel. City Council acted on August 27, 2018, to pass an emergency ordinance that gave the tenants some relocation assistance, though all the tenants were ultimately displaced.1 A permanent ordinance was adopted on September 17, 2018.2 Subsequently, at the City Council meeting on September 10, 2018, Councilmember DuBois introduced a Colleagues’ Memorandum that called for a thorough review of renter protections.3 Council directed staff to review the existing renter protection ordinance and comparable ordinances in the San Francisco Bay Area while evaluating relocation assistance, strengthening enforcement measures, and discussing the full range of renter protections. At the City Council meeting on September 23, 2019, Councilmembers DuBois and Kou introduced a Colleagues’ Memorandum that recommended that the City pursue housing goals that would address the socio-economic diversity and affordability of the community.4 At that time, Council directed staff to prioritize exploring elements of the City’s affordable housing activities and accelerate bringing them to the Planning and Transportation Commission and Council. Unfortunately, due to a number of staff vacancies in the Planning & Development Services Department, staff resources and expertise in this policy area prevented progress from being made. The Challenge Grant, for which the City successfully competed, provides the needed resources to allow the City to thoughtfully pursue renter protection policies. Discussion The Challenge Grant Fellowship is an effort of Partnership for the Bay’s Future. The Partnership for the Bay’s Future (PBF) is a collaborative effort to build a prosperous, inclusive, vibrant and livable Bay Area. The Partnership launched in early 2019 with the support of the San Francisco Foundation, the Chan Zuckerberg Initiative, the Ford Foundation, Local Initiatives Support Corporation (LISC), Facebook, Genentech, Kaiser Permanente, the William and Flora Hewlett Foundation, the David and Lucile Packard Foundation, the Stupski Foundation, and Silicon Valley Community Foundation. PBF brings together leaders from community, businesses, local 1Link to City Council Action Minutes: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=45199.74&BlobID=66757 2https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=40175.38&BlobID=67002 3 https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=65189.46&BlobID=66602 4 https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=66804.19&BlobID=73927 City of Palo Alto Page 3 philanthropies, and government to find solutions to ensure that people of all backgrounds and economic statuses can call the Bay Area home. The PBF’s goal is to increase housing affordability for all and ensure vibrant communities of racial equity and economic inclusion (Attachment D). In October of 2019, staff submitted an application for the Challenge Grant (Attachment E). As part of this grant, talented mid-career Fellows were selected and assigned to seven jurisdictions throughout the Bay Area (see Fellow biographies in Attachment F). Palo Alto’s Fellow will be responsible for facilitating the development, adoption, and implementation of innovative and high-impact policy in collaborative partnership with community and staff from departments across the City. PolicyLink is managing the Fellowship, building a collaborative and supportive community between Fellows and providing Technical Assistance to advance the work in their assigned jurisdictions. PolicyLink is a national research and action institute advancing racial and economic equity. PolicyLink will also provide opportunities for staff and elected officials from the seven jurisdictions to come together to learn from one another. In addition, Challenge Grant jurisdictions select a community partner to work alongside the City and Challenge Grant Fellow. Palo Alto selected Silicon Valley at Home (SV@Home) as our community partner. For PolicyLink to provide the City of Palo Alto with technical advice and assistance in connection with their proposal for the Challenge Grant, PolicyLink requires a (1) specific and separate written request for the technical assistance and (2) a signed jurisdiction agreement. The technical assistance letter request must come from the Legislative body responsible for passing and implementing tenant protection policies. PolicyLink requires documentation of this request in order to engage with and provide information to members of the Palo Alto City government and the public about renter protections and the preservation of unsubsidized affordable housing. PolicyLink also requests the City enter into a jurisdiction agreement that outline the terms of the Fellowship. This agreement creates clear parameters and outlines the roles and responsibilities of PolicyLink and the City. The Partnership for the Bay’s Future, led by the San Francisco Foundation, also requests the City enter into an MOU. While the City will not be directly receiving any funds through the Challenge Grant, the MOU outlines the expectations for PolicyLink, the Partnership for the Bay’s Future, and the City of Palo Alto. For example, Palo Alto staff commit to participate in quarterly convenings designed to bring together the participating jurisdictions for learning and sharing. Together, the MOU and the Jurisdiction Agreement affirm the City’s commitment to work collaboratively to implement renter protection policies that serve Palo Altans. City of Palo Alto Page 4 Policy Implications The Challenge Grant Application outlined policies that should be considered to aid in the production and preservation of affordable housing in Palo Alto. Particular attention will be paid to renter protections and tenant relocation assistance, with a focus on best practices regarding enforcing these policies. Resource Impact The Challenge Grant does not provide any funds to the City nor does the Challenge Grant require any funds from the City. Instead, the Partnership for the Bay’s Future provides funding to PolicyLink, who in turn hires and manages the Fellow. The Challenge Grant also provides a grant to the identified community partner, Silicon Valley at Home, to support their work on this project. Timeline: The Challenge Grant was announced on February 4, 2020, and the Fellow began working in Palo Alto on March 16, 2020. If the Council approves this item, Mayor Fine will sign the Technical Assistance Letter and return it to PolicyLink. Once the Technical Assistance Letter is returned to Policylink, the Fellow will be free to pursue the requested work in the community. A more detailed timeline is outlined in the Challenge Grant Application (Attachment E). Stakeholder Engagement: The Fellow will collaborate with the City and the community-based partner organization, SV@Home, to conduct a listening tour of Palo Altans. This listening tour will give the Fellow the opportunity to build relationships in the community and reach a greater understanding of the community’s needs. Working with established non-profits and advocates allows the Fellow to use those established networks to build trust and support for innovative housing policy that reflects the needs and desires of the community. Specific details of the community engagement plan can be found in the Challenge Grant Application (Attachment E). Environmental Review: The actions recommended in this report are exempt from review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Sections 15061(b)(3). The actions would initiate a planning process and are not determinative of any specific outcome. Any proposed changes to the Municipal Code resulting from the two proposed projects would be subject to CEQA public review process prior to Council adoption. Attachments: Attachment A: Jurisdiction Agreement Attachment B: Memorandum of Understanding Attachment C: Draft Technical Assistance Letter City of Palo Alto Page 5 Attachment D: Partnership for the Bay’s Future FAQ Attachment E: Challenge Grant Application Attachment F: Palo Alto Fellow Biography Attachment G: Partnership for the Bay’s Future Challenge Grant Job Description 325789158.2 CITY OF PALO ALTO & POLICYLINK AGREEMENT This Agreement, effective as of ___ day of ____, 2020, is entered by the City of Palo Alto (“Jurisdiction”) and PolicyLink, a California nonprofit public benefit corporation (“PolicyLink”). Collectively, Jurisdiction and PolicyLink are referred to as the “Parties” and individually, as a “Party”. RECITALS A. Jurisdiction, PolicyLink and the San Francisco Foundation (“SFF”) are entering into that certain Memorandum of Understanding of even date herewith (the “MOU”) which governs the relationship between Jurisdiction, PolicyLink and SFF with respect to the placement of a Fellow who is employed by PolicyLink to help Jurisdiction increase capacity to pass, enact or adopt meaningful Protection and Preservation Policies as well as begin implementation of said policies. B. The terms “Fellow,” “Protection and Preservation Policies,” and all other capitalized terms used but not defined in this Agreement will have the meanings ascribed to them in the MOU. C. The MOU contemplates this Agreement as supplemental agreement between Jurisdiction and PolicyLink to set forth their respective rights and obligations with respect to the Fellow, insurance and intellectual property rights. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, Jurisdiction and PolicyLink hereby agree as follows: AGREEMENT 1. Responsibilities of PolicyLink. PolicyLink agrees to perform the following functions with respect to the Fellow (in addition to the functions PolicyLink agrees to perform under the MOU): a. Support a cohort of government leaders with the knowledge, skills, and relationships to advance racial equity in housing policy in select Bay Area jurisdictions; b. Increase capacity among Bay Area local government, community organizations, and elected leaders to work collectively to advance racial equity through housing policy; c. Develop a set of high-impact tenant Protection and Preservation Policies and insure adoption and implementation in participating; jurisdictions; d. Develop and manage a timeline and accountability framework for implementation for each jurisdiction following the two-year fellowships; 325789158.2 e. Develop set of shared state policy priorities among the participating jurisdictions; f. Supervision of the Fellow including: i. Onboarding and orientation; ii. Managing all employee documentation, benefits, time off and related human resources documentation; iii. Provide all aspects of Fellow supervision including setting hours, monitoring work performance, attendance, adherence to personnel policies; investigation of complaints, administration of performance evaluations, performance improve plans and any required disciplinary action; iv. Facilitate and support daily supervision efforts of the Fellow by Jurisdiction to produce project work and deliverables; v. Develop shared communication protocols between PolicyLink and Jurisdiction’s project team and facilitate joint assessments related to the Fellow’s project work plan progress; vi. Provide professional development program, with an emphasis on racial equity data analysis, policy development, community engagement, effective mediation, and communications, as well as help responding to emerging technical and adaptive needs; vii. Provide ongoing coaching and mentoring support for the Fellow as he or she navigates varied political and legislative realities; viii. Provide technical assistance support for the Fellow and Jurisdiction, including data-driven policy impact analysis, strategic best practices, and case studies to advance the work; ix. Host monthly meetings for the Fellow and Fellows from the various jurisdictions that have been awarded Challenge Grants to provide peer learning, exposure to best practice, strategies to address identified gaps and areas of opportunity for regional and state enabling actions; x. Host quarterly convenings of the Challenge Grant jurisdictions’ cohort from across the region to: share critical analysis, strategy, best practices, access to relevant peer learning, and potential joint regional strategy action; xi. Guide and assist in the co-development with City/County of project work plan with data driven goals and quarterly benchmarks; xii. Facilitate weekly check in with the Fellow and Jurisdiction to assess progress on work plan; xiii. Assist in retention issues and facilitate re-recruitment of a successor to fill any vacancy in the Fellow position if such vacancy occurs more than 90 days prior to the end of the two-year fellowship; xiv. Convene Fellows from the various jurisdictions that have been awarded Challenge Grants monthly to facilitate peer learning, Fellow networking, and regional strategy. These meetings may include participation by SFF; xv. Quickly resolve any issues that may arise between the Fellow and Jurisdiction; 325789158.2 xvi. Maintain close collaboration with Policy Fund staff at SFF in the management of the fellowship cohort and the regional cohort meetings to ensure accomplishment of initiative results between jurisdictions, SFF, and PolicyLink: 2. Responsibilities of Jurisdiction. Jurisdiction agrees to perform the following functions (in addition to the functions Jurisdiction agrees to perform under the MOU): a. During the two-year fellowship, host and support the Fellow to increase jurisdictional capacity to develop, pass and begin implementation of tenant protection and affordable housing preservation policies that have been proposed by Jurisdiction in its grant application; b. Commit lead staff and executive team staff to support and guide the Fellow during the two-year fellowship; c. Identify government leaders with the knowledge, skills, and relationships to advance racial equity in housing policy within Jurisdiction’s area; d. Submit to PolicyLink a signed letter from the elected officials responsible for requesting the technical assistance for analysis, research, and assistance in drafting policies and or legislation that will expand and protect housing rights, tenant protections, and affordable housing development and or preservation. This includes drafting policies and legislation to advance, pass, and implement progressive tenant Protection and Preservation Policies within local government (PolicyLink will provide a template); e. Ensure support from key staff in leadership roles to the advancement of proposed tenant Protection and Preservation Policies; f. Develop relationships and systems to increase capacity among department staff, community organizations, and elected leaders to work collectively to advance racial equity through housing policy; g. Develop a set of high-impact tenant Protection and Preservation Policies and insure adoption and implementation; h. Commit to continued work on policies beyond the two-year fellowship, if applicable; i. Participate in timeline and accountability framework to be implemented following the two-year fellowship; ii. Participate in the development of state policy priorities among the participating jurisdictions in the Challenge Grant cohort, as applicable. i. Attend Quarterly Challenge Grant cohort Convenings scheduled by PolicyLink; i. Commit lead staff and executive team staff to participate in quarterly cohort meetings with Fellows and the various jurisdictions that have been awarded Challenge Grants; ii. Commit two elected officials involved in your efforts to participate in four cohort meetings over the two-year fellowship. j. Commit lead staff and executive team staff to support and guide the Fellow during the two-year fellowship; 325789158.2 i. Provide guidance and support (e.g. workspace, technology, and tools, as directed by PolicyLink; introductions and access to key stakeholders; orientation, etc.) to the Fellow. ii. Invest in and adhere to Jurisdiction’s proposed community partnership model for the duration of the fellowship; iii. Support the scheduling and convening of stakeholders; and iv. Contribute to research and development of education tools for electeds, stakeholders, and community partners on local landscape of affordable housing issues and dynamics; and on the development and implementation of Protection and Preservation Policies; b. Define, measure and share data relevant to tracking outcomes for Partnership impact. c. Assist in the development of project work plan with data driven goals and benchmarks. d. Develop tools to measure performance in terms of housing outcomes for low- income communities and communities of color. e. Conduct analysis of the number of low-income people and people of color who are in long-term affordable homes. f. Develop tools and systems for ongoing monitoring of the number of households covered by tenant protections, rent regulations, and housing preservation policies. g. Assist in providing information to the Fellow for weekly reports on progress and process. h. Assist in preparation of quarterly evaluation report. i. Participate in presentations as needed 2. Insurance. PolicyLink shall obtain a policy endorsement naming Jurisdiction as an additional insured under any general liability or automobile policy or policies, as provided in the MOU. 3. Intellectual Property, Ownership and Pre-Existing Materials. This Challenge Grant is in service of fulfilling the aims of the Partnership for the Bay’s Future goal of advancing solutions to housing affordability in the region with a goal to expand and protect the housing rights of up to 175,000 households over the next five years and preserve and produce more than 8,000 homes over the next five to 10 years in San Francisco, San Mateo, Santa Clara, Alameda, and Contra Costa counties. Materials developed through this partnership are intended to support the development of regional initiatives that strengthen low-income tenant protections and preserve and expand housing and to provide technical assistance to jurisdictions that have the potential to develop affordable housing at scale (hereinafter “Work Product”). PolicyLink shall own all Work Product produced in connection with this MOU. a. Work Product License. PolicyLink hereby grants Jurisdiction an irrevocable, worldwide, perpetual, nonexclusive, royalty-free right and license to use, 325789158.2 display, transmit, distribute, edit, adapt, modify, translate, develop, and create derivative works from the Work Product (hereinafter, “Work Product License”). b. Pre-existing Materials. In addition, PolicyLink hereby grants to Jurisdiction an irrevocable, perpetual, royalty-free, worldwide, non-exclusive license to use, copy, distribute, and display Pre-Existing Materials necessary for Jurisdiction to use in connection with the exploitation of any of the rights granted under the Work Product License, provided, however, that the foregoing license to Pre-Existing Materials shall be used solely in connection with the use of the Work Product. c. Restrictions. Jurisdiction understands that its use of the Work Product and Pre-Existing Materials (collectively, the “Contract IP”) is for its own business purposes only. Jurisdiction may not sell, license, or distribute any Contract IP to any third-party organization or individual. In addition, Jurisdiction agrees that it will not; i. Use of any Contract IP to provide outsourced consulting, technical assistance, or other services, in competition with PolicyLink. Jurisdiction agrees to reproduce and include any copyright or other proprietary rights notices of PolicyLink in all copies, in whole or in part, of the Contract IP and to take reasonable steps to ensure its distributors and third parties who have access to the Contract IP conform to the terms and conditions of this Agreement. Jurisdiction shall be liable for any breach of the restrictions of this Agreement by a third party given access to the Contract IP by Jurisdiction. 4. Miscellaneous. This Agreement may be amended only by a writing signed by all both Parties. No waiver by either Party of any of the provisions of this Agreement shall be effective unless in writing and signed by an authorized representative of the affected Party, and only to the extent expressly provided in such written waiver. This Agreement and the MOU contain the entire understanding between the Parties with respect to the subject matter of this Agreement as of the date hereof, and all prior and contemporaneous written or oral negotiations, discussions, understandings and agreements are merged herein. 5. Assignment. This Agreement may not be assigned by either Party without the prior written approval of the other Party. 6. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original of this Agreement, and all of which taken together shall constitute one and the same agreement. 325789158.2 IN WITNESS WHEREOF, the Parties have executed this Agreement through their duly authorized representatives effective as of _____________ ___, 2020. City of Palo Alto Approved As To Form: _____________________________________ City Attorney By: Name: Title: PolicyLink By: Name: _______________________________________ Title: ________________________________________ 1 325646537.4 CHALLENGE GRANT MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (“MOU” or “Agreement”), effective as of _______, is entered by the CITY OF PALO ALTO, a chartered municipal corporation (“City” or sometimes referred to as a “Jurisdiction”), the San Francisco Foundation (“SFF”), and PolicyLink (“PolicyLink”). Collectively, the City, SFF and PolicyLink are referred to as the “Parties” and individually, as a “Party”. I. PURPOSE OF THE MOU This MOU sets forth the terms and understanding among the Parties and is intended to reflect the Parties’ commitment to cooperate and work together to support the Challenge Grant award Fellow, matched to City, to advance the design, adoption and implementation of tenant protection and preservation policies with City’s staff, community partners and elected officials. (Challenge Grant Vision.) This MOU will spell out areas of collaboration and expand on ownership and accountability. A. Principles: The Parties each commit to the principles that form the foundation of the Partnership for the Bay’s Future (“PBF” or the “Partnership”), which are listed here and operationalized in Section II of this MOU. i. Racial justice: The Parties will work toward the shared vision of a thriving Bay Area where race is never a barrier to opportunity. ii. Community engagement: The Parties will prioritize actively engaging local community members and leaders in the execution of their shared goals, with special emphasis on engaging people of color and other underserved community members. iii. Results orientation: The Parties are committed to their collective impact by realizing concrete gains toward shared goals. B. Deliverables: In alignment with the application submitted by the City to SFF, the City commits to making significant good-faith efforts to achieve the following deliverables. i. Design and implement improvements to housing protection and preservation programs to advance racial equity, which could involve enhancing administrative implementation of existing policies and/or adopting new or revised housing policies. ii. Conduct community engagement efforts to ensure that policy proposals are well-vetted in the community and are structured to achieve their intended outcomes, especially racial equity outcomes. II. AGREEMENT A. Primary Areas of Collaboration, Roles and Operational Responsibilities: The Parties hereby agree to create the enabling conditions necessary to realize the Challenge Grant Award vision by engaging in specific areas of collaboration and performing the respective activities to set forth in the following five category chart: a. Challenge Grant Vision b. Challenge Grant Award: Fellows and Community Partnerships c. Challenge Grant Award: Technical Assistance + Cohort Convenings d. Communication (Internal + External) 2 325646537.4 e. Evaluation Area of Collaboration City PolicyLink San Francisco Foundation Structures for Accountability 1. CHALLENGE GRANT VISION Parties will uphold the Policy Fund Challenge Grant goals; > Increase racial and economic equity across the region by stemming displacement of people of color from communities across the lower 5 county Bay Area. > Deepen the practice of partnership between jurisdictions and community groups > Support the rise of new government and community leaders that can support the region’s housing and tenant protection efforts long- term > Provide models for change that inspire other jurisdictions to follow suit Jurisdictions commit to activate and engage civic and political will to sustain the adoption and implementation of progressive tenant protection and preservation policies, in collaboration with Community Partners, through the support and facilitation of a mid-career Fellow. In addition, actively advance systems change with an emphasis on expanded community engagement and progressive policy. Ensure a competent, racially diverse Fellows pool that is supported with technical assistance, strong onboarding and relationship building to successfully assist Challenge Grant jurisdictions in advancing tenant protection and preservation policies. Ensure fellows and jurisdictions land on a strong results framework to guide their work. Actively build a strong bench of diverse regional leaders and provide a strong technical assistance, wraparound support structure and national/regional best practices to ensure their success. Ensure that the Policy Fund Challenge Grant vision and long-term expectations for the Fellowship Program and Jurisdictional Cohorts are infused with SFF’s commitment to racial and economic inclusion. Policy Fund will utilize its grant making, convening, organizational capacity building and the lever of the Partnership at large to support and advance the Fellows work. Policy Fund is a fund established by SFF to support initiatives to preserve and expand housing, with a strong focus on strengthening low-income tenant protections, including initiatives aimed at promoting the enactment of renter protection and affordable housing policies. Galvanize civic engagement related to Policy Fund broadly and Challenge Grant specifically. Build momentum for the Policy Fund through influence, expertise and flexible dollars. Engage civic leaders from advocacy orgs, academia, foundations, etc. through the Partnership. Challenge Grant MOU Operational Responsibility: Provide engaged leadership and support for the Fellow in service to the goal of policy adoption and increased Provide technical assistance and employer oversight for the Challenge Grant Fellows and their matched jurisdictions. Generate engagement and momentum for Challenge Grants among jurisdictional leaders through regular updates and by 3 325646537.4 community engagement. Elevate best practices in systems change from regional and national perspective with Fellows and Jurisdictions. Regularly engage, convene, update and recruit influential civic leaders and anchor institutions to support fundraising, strategy, advocacy and reflection, in partnership with SFF. Leverage impact cross jurisdictions, state policy change. celebrating what works. Regularly engage, convene, update and recruit influential civic leaders and anchor institutions to support fundraising, strategy, advocacy and reflection. Promote the role of civic leaders as long- term promotors of equitable and progressive housing policy Area of Collaboration City PolicyLink San Francisco Foundation Structures for Accountability 2. CHALLENGE GRANT AWARD: FELLOWS AND COMMUNITY PARTNERSHIPS Challenge Grant jurisdictions are awarded the following for 2 years. Challenge Grant Fellows will facilitate the development, adoption and implementation of innovative and high--- impact policies in collaborative partnership with community and staff from departments across the jurisdiction. Community Partnerships: Challenge Grant Fellows: Fellows will be placed within jurisdictions via a matching process. Jurisdictions will be given the opportunity to interview candidates. PolicyLink has final determination over jurisdiction/fellow matches, but shall only place a fellow with the jurisdiction if the jurisdiction has approved of the fellow in advance. Jurisdictions are expected to provide supervision, guidance and support (e.g. workspace and tools, introductions and access to key stakeholders, orientation, etc.) to fellow, regardless of where Fellows are located. Challenge Grant Fellows:POLICYLINK will hire, match and pay the Fellows, with POLICYLINK acting in the role of program manager and employer. In case any issues arise between the Fellow and the Jurisdiction, POLICYLINK will be the point of contact to resolve. POLICYLINK will assist Fellows with research and policy development technical assistance that helps them tailor and adapt strategies to address unique community conditions and will identify and bolster any gaps in Fellows development around working with data, utilizing research, etc. Challenge Grant Fellows:The SFF will provide the Fellows salary package (in the form of a grant to PolicyLink) and the technical assistance pool. Community Partners: SFF will grant directly to the Challenge Grant jurisdiction’s Community Partner in an amount no less than $80k. Challenge Grant MOU 4 325646537.4 Jurisdictions will engage deeply with community to develop solutions that meet local needs. Jurisdiction will work with a strong community organization to serve as a lead partner in community engagement and share a strong community partnership plan. In addition, jurisdiction commits lead staff and executive team staff to support and guide Fellow. Fellows will be required to attend monthly Fellows meetings, Quarterly cohort meetings, and other professional development and relationship building opportunities, as identified, and will be excused from work for this purpose. Community Partners: Jurisdictions commit to their proposed community partnership model for the duration of the grant period. Jurisdictions take the lead on the CG Community Partnership plans. Fellows help facilitate relationships and work. POLICYLINK will Assist Fellows in assessing, in real time, the technical assistance needs that exist within their Jurisdiction teams. Using the funding pool provided by SFF, as well as through peer learning within the cohort, help Fellows secure resources to meet the technical assistance needs. Operational Responsibility Be a good steward of Fellows during the duration of the program, providing clear direction and support, facilitating their relationships with key partners both in and outside of government. Actively lead on a transformative community engagement approaches with community partners. Provide tailored technical assistance to fellows and their local jurisdictions, and host monthly fellows meetings, throughout the duration of the two---year fellowship program. Employ the Fellows as FTE’s of PolicyLink and be the managing partner responsible if any issues arise with the Fellows and/or the Chosen Challenge grant jurisdictions as it relates to the Fellows and Fellowship program. Quickly resolve any issues that may arise between the fellow and their Provide funding for Fellows salary packages and community partner lead grants. Facilitate aligned funding for community groups. 5 325646537.4 hosting jurisdictions. Area of Collaboration City PolicyLink San Francisco Foundation Structures for Accountability 3. CHALLENGE GRANT AWARD: TECHNICAL ASSISTANCE AND COHORT CONVENINGS In addition to Fellows, Challenge Grant jurisdictions are awarded the following for 2 years: Technical Assistance: Challenge Grant Jurisdictions will have access to a TA pool. Regional Cohort: Quarterly meetings Technical Assistance Pool: Technical Assistance (TA) pool is available to assist jurisdictions in filling in gaps of knowledge or tools to complete the work. Process: Fellows highlight jurisdiction TA needs through POLICYLINK. Fellow or POLICYLINK submits a short proposal to SFF for use of funds. SFF retains the right to fund at any amount or not at all. Challenge Grant Cohorts: Jurisdictions are expected to attend and actively participate in quarterly regional convenings to exchange best practices, strategies and other learnings. Attendees to include Jurisdiction staff, Fellow, lead community partner. Jurisdictions commit two elected officials participation in four cohort meetings over the two-year grant period. Technical Assistance Pool: Assist Fellows to assess the technical assistance needs within their jurisdiction’s teams and use the funding pool and peer learning to address these. Challenge Grant Cohorts: POLICYLINK will coordinate, structure and host quarterly convenings of the Challenge Grant jurisdictions from across the region to share critical analysis and strategy recommendations, best practices, access to relevant education and advance regional strategy. Agenda setting will be done in consultation with SFF. Build capacity of fellows and local leaders to engage stakeholders for greater impact. Technical Assistance Pool: SFF will maintain a separate Technical Assistance pool for TA requests from jurisdictions that are not covered by the POLICYLINK contract. SFF will determine TA pool requests in partnership with POLICYLINK. Challenge Grant Cohorts: SFF will actively participate in agenda setting for cohort meetings. Challenge Grant MOU Meeting and Convening Calendar Operational Responsibility Be an active and engaged partner in all quarterly Challenge Grant cohort Convene Fellowship program stakeholders for quarterly updates, knowledge sharing Co-create convening agendas in partnership with PolicyLink 6 325646537.4 convenings. and learning, lifting up best practices and areas of course correction. Area of Collaboration City PolicyLink San Francisco Foundation Structures for Accountability 4. COMMUNICATIONS Contribute to a strong regional communication strategy that advances and amplifies local work and leverages values- aligned opportunities. Jurisdiction will share relevant learnings and case studies from the policy and community engagement processes for shared learning with the regional cohorts and other jurisdictions within the region. POLICYLINK will share learnings from TA providers, subject matter experts, Fellows and jurisdictions with SFF Policy Fund staff. For information that requires permission to distribute, POLICYLINK will acquire so that SFF can share within newsletters, etc. PBF will develop and manage a foundational strategic communications and branding plan that raises visibility, promotes fundraising, and civic and political support through knowledge sharing and storytelling. Knowledge and material sharing will occur on a rolling basis with POLICYLINK submitting quarterly summary updates. Operational Responsibility: Partners are accountable for creating/sharing communications content for Advisory Board members, funders and broad Partnership networks. Partners are accountable for creating/sharing communications content for Advisory Board members, funders and broad Partnership networks. Support the Partnership in strategic communications, particularly around promoting civic and political support through knowledge sharing and storytelling. Aligning capacity of fellows, jurisdiction, and partners around strategic communications goals. Support fellows in advancing communications strategies, and convening city staff and resources focused on communications. PBF will centrally manage initiative-wide strategic communications and process for supporting communications across partners. PBF will manage external requests for communications. POLICYLINK will forward media and communications requests to PBF/Policy Fund Initiative Officer for review and approval to proceed. 7 325646537.4 Area of Collaboration City PolicyLink San Francisco Foundation Structures for Accountability 5. EVALUATION Actively participate in evaluative learning, course correction and evidence-building. Jurisdiction will share relevant learnings and case studies from the policy and community engagement processes for shared learning with the regional cohorts and other jurisdictions within the region. POLICYLINK will share learnings from TA providers, subject matter experts, Fellows and jurisdictions with SFF Policy Fund staff. For information that requires permission to distribute, POLICYLINK will acquire so that SFF can share within newsletters, etc. Thought partner in structuring the system for evaluation, with a particular focus on progress on results, leadership development (across stakeholder groups), policy traction, communications impact. Contract and direct the work of the evaluation partner. Manage the interaction of the evaluating partner with MOU partners. Operational Responsibility: Actively participate in evaluation efforts. Actively participate in evaluation efforts and utilize evaluative learnings to impact program success. Manage evaluation efforts. B. PolicyLink as Fellow’s Employer: PolicyLink shall be the sole employer of the Challenge Grant Fellow placed by PolicyLink with the City (“Fellow”). PolicyLink shall be responsible for payment of wages and benefits, withholding of payroll and other applicable taxes, and worker’s compensation coverage for the Fellow. City shall not be a joint employer of the Fellow and the Fellow shall not have any rights to retirement benefits or other benefits accruing to City employees. The Fellow shall execute a separate agreement with City expressly waiving these claims. It is PolicyLink’s responsibility to provide written notice to the Fellow participants of the provisions of this Section. The provisions of this Section shall survive the termination or expiration of this Agreement. While PolicyLink will make the final Fellow placement decision, City will be given an opportunity to vet Fellow candidates for placement. If circumstances cause the substitution of the Fellow for any reason, assignment of a replacement will be subject to the prior written approval of City’s designated project manager. PolicyLink, at City’s request, shall promptly remove personnel who City finds do not perform the Partnership activities in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the project or a threat to the safety of persons or property. 8 325646537.4 C. Cooperation: In addition to performing the activities and obligations set forth above, the Parties agree to take such other actions, and negotiate in good faith and enter such further agreements as will be necessary to consummate the transactions contemplated by this Agreement. D. Staffing: Each Party shall provide adequate dedicated staff time to support the activities laid out in this Agreement, including: i. Staff person to be responsible for the day-to-day work of Challenge Grant Fellowship Program a. PolicyLink: Kaki Marshall b. San Francisco Foundation: TBD c. Jurisdiction: Rachael Tanner, Assistant Director of Planning and Development Services; Long Range Planning Manager ii. High-level leader who has the authority to make decisions on behalf of the Party a. PolicyLink: Kalima Rose b. San Francisco Foundation: TBD c. Jurisdiction: Rachael Tanner, Assistant Director of Planning and Development Services; Jonathan Lait, Director of Planning and Development Services; Edward Shikada, City Manager iii. Additional staff with specific expertise to participate as needed in an advisory capacity to support the ongoing initiative activities listed above. a. PolicyLink: Chione Flegal, Chris Schildt b. San Francisco Foundation: TBD, Rachel Benditt (Communications) c. Jurisdiction: Rachael Tanner, Assistant Director of Planning and Development Services; Amy French, Chief Planning Official; Long Range Planning Manager Each Party may change the identified staff from time to time. The Party making the change in staffing shall notify the other Parties. III. Notices. Any notices under or in this MOU shall be in writing, and shall be deemed to be delivered when hand delivered, delivered by overnight courier, delivered by certified mail, postage prepaid, return receipt requested, or by facsimile, unless such address is changed by written notice hereunder: If to PolicyLink: POLICYLINK Attn: Michael Hassid, Chief Financial Officer 1438 Webster Street Suite 303 Oakland, CA 94612 9 325646537.4 If to Jurisdiction: CITY OF PALO ALTO ATTN: Rachael Tanner Planning and Development Services Department 250 Hamilton Avenue, 5th Floor Palo Alto, CA 94301 If to SFF: THE SAN FRANCISCO FOUNDATION One Embarcadero Center, Suite 1400 San Francisco, CA 94111 Attn: Fred Blackwell IV. Funding. Except as expressly provided in this MOU, nothing in this MOU shall obligate City, SFF or PolicyLink to expend funds or other resources, nor shall anything in this MOU be construed as a limitation on any Party’s authority to contribute staff, funds or other resources to further the purposes of this MOU or in the implementation of this MOU. V. Discretion. Each Party, including their respective employees, officials and boards, shall exercise its sole discretion over all matters relating to the Partnership and over each project or decision over which it has jurisdiction consistent with its customary practices and procedures and consistent with all legal requirements. In addition, City shall exercise its sole discretion under this MOU in a manner that is consistent with the public health and safety and shall at all times retain its respective authority to take any action that is necessary to protect the physical health and safety of the public or to comply with changes in Federal or State law, including applicable federal and state regulations. Notwithstanding any other provision of this MOU, City’s governing body retains full discretion to approve or disapprove any legislative or other proposed item developed under this MOU; should City ultimately not adopt certain or any proposals developed, those discretionary decisions shall not constitute or result in a violation of this MOU. VI. No Joint Venture or Liability. Nothing in this MOU shall be construed as creating the right or ability of one Party to bind the others and nothing in this MOU shall be construed to create any joint liability with regard to, or as a result of, the activities undertaken by any Party, their employees, officers and/or agents, to implement this MOU. All employees, officers and/or agents of each Party shall remain employees, officers and/or agents of that Party and shall be subject to the laws, procedures, rules and policies governing that Party's employees, officers and/or agents. Nothing in this MOU shall be construed as creating a partnership, joint venture, employment or agency relationship between Jurisdiction, SFF and PolicyLink. Each Party shall conduct all of its activities under this MOU in accordance with all applicable laws and regulations. VIII. No Damages. The Parties to this MOU have determined that damages are inappropriate and that it would be extremely difficult and impractical to fix or determine the damages to a Party as a result of a breach of this MOU. The Parties would not have entered into this MOU if any of them were liable to the other or to any other Party for damages under or with respect to 10 325646537.4 this MOU. Consequently, the Parties to this MOU have agreed that no Party will be liable in damages to the other Parties or to any other Party, and each Party covenants not to sue for or claim any damages and expressly waives its right to do so, for any matter arising from or connected with any dispute, controversy, or issue regarding the application, interpretation, or effect of this MOU. IX. Publications. No publication shall include use of the official seal of City without its prior written approval. No publication shall include use of the name and/or symbol of TSFF or PolicyLink without the prior written approval of TSFF or PolicyLink. X. Proprietary or Confidential Information. SFF and PolicyLink each understands and acknowledges that in performing activities under this MOU, may by accident or otherwise, obtain access to proprietary or confidential information owned or controlled by Jurisdiction, the disclosure of which to third Parties may be damaging to Jurisdiction. SFF and PolicyLink each agrees that any and all such proprietary or confidential information disclosed by Jurisdiction shall be returned to Jurisdiction (if in writing) and held in confidence. SFF and PolicyLink shall exercise the same standard of care to protect such information as a reasonably prudent entity would use to protect its own proprietary or confidential data. It is further understood that Jurisdiction may, by accident or otherwise, obtain access to proprietary or confidential information owned or controlled by SFF and/or PolicyLink the disclosure of which to third Parties may be damaging to them. Jurisdiction agrees that any and all such proprietary or confidential information disclosed to Jurisdiction shall be returned to SFF and/or PolicyLink (if in writing) and held in confidence. Jurisdiction shall exercise the same standard of care to protect such information as is used by Jurisdiction with respect to its own confidential information. All confidentiality obligations hereunder shall be subject to applicable law. XI. No Lobbying or Election Activities. No part of any funds provided under this MOU (including the monetary grants from SFF to PolicyLink or to the community lead) may be used may be used: (1) to attempt to influence legislation, carry on propaganda or otherwise carry out lobbying activities within the meaning of Section 4945(e) of the Internal Revenue Code, or (2) to influence the outcome of any specific public election, or to carry on, directly or indirectly, any voter registration drive. XII. Conflict of Interest. Each Party acknowledges that it is familiar with Section 1090 et seq. of the Government Code of the State of California and any locally applicable laws, regulations, or policies, and certifies that it does not know of any facts which constitutes a violation of said provisions and agrees that it will immediately notify the other if it becomes aware of any such fact during the term of this MOU. XIII. Nondiscrimination. In the performance of its Partnership activities, SFF and PolicyLink each agrees not to discriminate in the employment of any person due to that person's race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. 11 325646537.4 XV. Indemnification. A. Each Party will indemnify, defend and hold harmless the other Party or Parties, and their respective officers, employees and agents from and against any and all third party loss, liability, expense (including reasonable attorneys’ fees) or claims for injury or other damages (collectively “Claims”) arising out of the indemnifying party’s performance of this Agreement, but only in proportion to and to the extent such Claims are caused by or result from the negligent or intentional acts or omissions of the indemnifying party. B. In the event of concurrent negligence of two or more of the Parties, or the Parties’ respective officers, employees or agents, the liability for any and all Claims shall be apportioned under the California theory of comparative negligence as presently established or as may hereafter be modified. Nothing in this Agreement shall constitute a waiver or limitation of any rights that the indemnifying party may have under applicable law in the event of concurrent negligence of persons or entities other than the parties to this Agreement. C. Notwithstanding any other provision of this MOU, PolicyLink will indemnify, defend and hold harmless City and its respective officers, employees and agents from and against any and all claims, liability, or expense (including reasonable attorneys’ fees) arising out of or related to the hiring and Fellow selection process . D. The Parties intend and agree to cooperate with each other in the investigation and disposition of third-party liability claims arising out of the performance of this Agreement. Such cooperation may include joint investigation, defense and disposition of claims. The Parties agree to promptly inform one another whenever an incident report, claim or complaint is filed or when an investigation is initiated concerning any service performed under this Agreement. In the event of a conflict in interest, each Party may conduct its own investigation and engage its own counsel. E. The provisions of this Section shall survive the termination or expiration of this Agreement. XVI. Insurance. PolicyLink shall procure and maintain during the full term of the Agreement the insurance coverage described in Exhibit A hereto. PolicyLink shall obtain a policy endorsement naming City as an additional insured under any general liability or automobile policy or policies. All insurance 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. 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 City’s Risk 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 PolicyLink, PolicyLink shall provide the Risk Manager written notice of the cancellation or modification within two (2) business days of PolicyLink’s receipt of such notice. PolicyLink shall be responsible for ensuring that current certificates evidencing the insurance are provided to City’s Risk Manager during the entire term of this Agreement. 12 325646537.4 The procuring of such required policy or policies of insurance will not be construed to limit PolicyLink’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. XVI. Miscellaneous. A. This MOU will be governed by the laws of the State of California. B. This document represents the entire and integrated agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, and contracts, either written or oral . This document may be amended only by a written instrument, which is signed by the Parties. C. No waiver by any Party of any of the provisions of this MOU shall be effective unless in writing and signed by an authorized representative of the waiving Party, and only to the extent expressly provided in such written waiver. D. The covenants, terms, conditions, and provisions of this MOU will apply to, and will bind, the heirs, successors, executors, administrators, permitted assignees, and consultants of the Parties. E. All transactions described herein are subject to and must be conducted in accordance with the applicable requirements of the Jurisdiction’s Charter and Municipal Code. F. The individuals executing this MOU represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. XVII. Assignment. This MOU may not be assigned by any party without the prior written approval of the other Parties. XVIII. Effective Date and Termination. This MOU will be effective through February 2022 from the date first written, but may be terminated by any of SFF, PolicyLink or the Jurisdiction for any reason, without cause, with 90 days advance written notice, or with cause, with 10 days written notice. Upon the termination of this MOU, all obligations and rights of the Parties shall cease and be of no further force or effect, provided, however, those rights and obligations that by their nature are intended to survive the termination of this MOU shall so survive. Without limiting the generality of the foregoing clause: (1) POLICYLINK shall have the right to remove the Fellow from Jurisdiction’s facilities as soon as practicable after the termination date, (2) SFF shall have the right to cease any outstanding grants to the Community Lead and any outstanding financial support for access to the technical assistance pool, and (3) the Parties will have the right to use any and all information and data developed or obtained as a result of this MOU in furtherance of the goals of the PBF, except where such information or data constitute the proprietary or confidential information of either of the other Parties. XIX. Counterparts. This MOU may be executed in two or more counterparts, each of which shall be deemed to be an original of this MOU, and all of which taken together shall constitute one and the same agreement 13 325646537.4 Accepted and Agreed: JURISDICTION By: Name: Title: POLICYLINK By: Name: _____________________________________________ Title: ______________________________________________ THE SAN FRANCISCO FOUNDATION By: Name: Title: 14 325646537.4 Exhibit A INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES WORKER’S COMPENSATION YES EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY CONSULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONTRACTORS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. 15 325646537.4 II. CONTRACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569 III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONTRACTOR SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONTRACTOR SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. Vendors are required to file their evidence of insurance and any other related notices with the City of Palo Alto at the following URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569 OR http://www.cityofpaloalto.org/gov/depts/asd/planet_bids_how_to.asp March 1, 2020 Adrian Fine, Mayor City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Dear Mayor Fine: Thank you for your interest in having PolicyLink provide the Mayor of Palo Alto with technical advice and assistance in connection with the Mayor and City Council of Palo Alto’s efforts to educate and engage members of the Palo Alto City Government, and the public about renter protections and the preservation of unsubsidized affordable housing. In order to comply with Internal Revenue Service rules (Reg. Sec. 53.4945-2(d)(2)), PolicyLink would like to have your request in writing, in advance, in the name and on behalf of the Mayor of Palo Alto. The sample letter enclosed will suit our needs to protect our Section 501(c)(3) tax-exempt status and ensure our compliance with the terms of our foundation grants. Upon receiving the letter, we will be happy to use our resources to assist the Select Committee as you have requested. Very truly yours, Michael J. Hassid, Chief Financial Officer PolicyLink DRAFT – IF APPROVED, WILL BE PLACED ON CITY OF PALO ALTO LETTERHEAD March 24, 2020 PolicyLink Attn: Michael J. Hassid, Chief Financial Officer 1438 Webster Street, Suite 303 Oakland, California 94612-3228 Dear Mr. Hassid: By means of this letter, the Mayor of Palo Alto, on behalf of the City Council of Palo Alto, officially requests technical advice and assistance from PolicyLink in connection with the ongoing implementation of its legislation to protect renters and preserve unsubsidized affordable housing. Specifically, I request PolicyLink’s advice and assistance with respect to reivewing, analyzing, and adjusting the current renter protection ordinance and assessing comparable ordinances, policies, and programs in the San Francisco Bay Area for applicability in Palo Alto. This includes evaluating policies such as—but not limited to—reasonable relocation assistance, protection from sizable rental increases, policies to prevent displacement of residents from their homes, or eviction without just cause, while protecting the fair rights of property owners; strengthening enforcement measures to ensure compliance with penalties for violations of Palo Alto’s existing requirement to offer an annual lease to tenants; and for providing assistance in drafting ordinances and policies to respond to COVID-19 emergency circumstances, including recovery from COVID-19. Overall, we seek PolicyLink’s assistance in understanding advisable means to protect the renters within our community while balancing the rights of property owners. We are interested not only in the factual information that you can provide to us, but also in your organization’s professional analysis and recommendations related to these subjects. Although your submissions may be directed to the City Council, we may also request that you distribute it to other specified government officials or assist in distributing it to the general public. The Mayor of Palo Alto and City Council understands that in order to comply fully with this request, your organization may need to work on drafting legislation or legislative provisions, research public opinions, and engage in communications with stakeholders, policymakers, and allied groups. We look forward to receiving your input throughout the duration of the City of Palo Alto’s work to implement its renter protections and affordable housing preservation, as well as any necessary assistance with emergency responses. Thank you in advance for your organization’s valuable contribution to the work of the City of Palo Alto. Very truly yours, Mayor Adrian Fine City of Palo Alto 3/26/2020 Frequently Asked Questions | Partnership for the Bay's Future https://www.baysfuture.org/faq/1/4 THE PARTNERSHIP Frequently Asked Questions Q: What makes this Partnership di erent from similar e orts to solve the a ordable housing crisis? The Partnership for the Bay’s Future is the rst of its kind in California because it consists of philanthropic, faith, government, business, and community leaders all working toward a shared vision: to address the a ordable housing crisis. The public-private Partnership, and its investment and policy funds, aims to expand and protect the housing stability of up to 175,000 households over the next ve years and preserve and produce more than 8,000 homes over the next ve to 10 years. The Partnership is unique, in part, because of its focus on the “3Ps”—Protection, Preservation, and Production—and, because it achieves results both through investments and policy change. No other e ort has the dual focus, recognizing that both investments and policy change are needed and that having both will deliver added leverage and impact. HOME ABOUT US THE OPPORTUNITY CONNECT WITH US NEWS 3/26/2020 Frequently Asked Questions | Partnership for the Bay's Future https://www.baysfuture.org/faq/2/4 The Bay’s Future Fund, our a ordable housing investment fund, will o er exible capital to invest directly in a ordable, mixed, and middle-income housing projects. The country’s rst-ever regional housing Policy Fund will support initiatives to preserve and expand housing, with an emphasis on strengthening low-income tenant protections. Q: How much has each organization committed? Our Partners have already secured initial funding of more than $260 million for an intended $500 million Bay’s Future Fund. The Policy Fund has secured almost $20 million of an intended goal of $40 million. The Partnership will continue to engage new Partners and funders. Please contact us for more information or if your organization is interested in becoming a Partner. Q: How does this connect to e orts to alleviate homelessness? We share a commitment to alleviating homelessness and are engaged in conversations about how to best integrate the work happening across the region into this Partnership. We are excited about the Bay Area’s emerging commitment to addressing housing and homelessness—and e orts to bring the two issues together, wherever possible. The Partnership is launching with investment opportunities that would add to these programs, including: The Bay’s Future Fund’s Supportive Housing Investment Product: High loan-to-value Supportive Housing Loans for acquisition and predevelopment costs will allow experienced developers to accelerate the development process and get more people experiencing homelessness into homes signi cantly faster than would otherwise be possible. The Policy Fund’s focus on protection policies: These support e orts to protect tenants, stem the tide of displacement, while preserving and producing housing. We also recognize that interventions that more directly target the causes of and solutions to homelessness are needed, and the Partnership looks forward to working to more fully address the issue of homelessness in the future. Q: How will the Partnership measure progress? Today, two full-time workers, making $15 per hour—over $62k per year—can only a ord to live in 5% of the Bay Area’s neighborhoods. Our goal is to change this and make the Bay Area a thriving place for more residents. The Partnership will measure progress by the number of homes created, the number of tenants protected, and the shifting percentage of neighborhoods that are a ordable to most full- time workers. Ultimately, we aim to expand and protect the housing rights of up to 175,000 households over the next ve years and preserve and produce more than 8,000 homes over the next ve to 10 years. Q: How will the Partnership ensure the community is engaged and has a say? This was important to us from the beginning. This Partnership was developed through years of conversations with community and faith leaders, housing experts, elected o cials, and residents. As our Partnership expands, our programs will evolve to ensure this Partnership remains broad and inclusive—representing all groups of people that make the Bay Area great. 3/26/2020 Frequently Asked Questions | Partnership for the Bay's Future https://www.baysfuture.org/faq/3/4 Additionally, the Partnership will rely upon a diverse Advisory Board, which includes investors from the philanthropic and corporate sectors, public sector and policy experts, and community leaders to inform the work and ensure it is grounded in the best interests of the community. The Partnership will evolve based on input from experts, advocates, and community members. Q: How did this project originate, and what role has the community played? The Partnership’s goal is to be additive and supportive of existing e orts underway. Its creation involved community conversations, in which we listened to the people a ected by the housing crisis and gained a deeper understanding of the most e ective ways to address their challenges. We also engaged a wide range of faith leaders and community and housing advocates to shape our approach to protecting tenant rights and promoting housing stability, while preserving and producing more a ordable homes. Q: How does this relate to the recently passed homeless tax on San Francisco businesses? This Partnership is a separate e ort spearheaded by the community, businesses, philanthropy, and housing advocates to help protect residents and create a ordable housing in a comprehensive way. We also are focused on policy, because we know that just building more housing will not solve the issue. Q: How will the Partnership make sure that large and small community developers will be able to bene t from available products and funds? The Partnership’s Bay’s Future Fund will engage mission-aligned developers of all sizes. Several products have been designed for smaller developers who have historically faced barriers to accessing capital. As the Partnership grows, we will actively seek and incorporate community feedback to ensure we are promoting equitable, diverse solutions to the housing crisis. Q: Can you speak to the role of tech companies in this crisis? While not the root cause of the a ordable housing crisis, the growth of tech companies has put pressure on a broken system. The current shortage of a ordable housing has been created by a lack of protections for tenants, preservation of existing a ordable housing and investment in new a ordable units, as well as by a strong regional economy that has outgrown existing government policies and funding. Our Partners are focused on a combination of solutions that we hope will solve the crisis in the long-term. Tech companies are starting to build housing and support e orts to make housing more a ordable. We are grateful to Facebook and Genentech, who have already invested in the Partnership, and look forward to other tech leaders joining in the future. We need tech companies and businesses to be involved in promoting long-term solutions, but they aren’t the only partners we need. To truly advance our goals, we need all businesses and groups at the table—working together. Q: How will you address the environmental implications of additional, a ordable housing? The Partnership is working with community partners—including environmental advocates and stakeholders—to create solutions that positively impact the environment, in addition to helping residents. Every development will be evaluated and implemented in a way that addresses environmental and community concerns. Q: Why aren’t other funders in this space included? 3/26/2020 Frequently Asked Questions | Partnership for the Bay's Future https://www.baysfuture.org/faq/4/4 HOME ABOUT US THE OPPORTUNITY CONNECT WITH US NEWS We are in conversation with a number of additional funders, with the hope that they will join the e ort and contribute to the Bay’s Future and Policy Funds. We need all voices and investors at the table, and look forward to expanding our reach to support more residents. Q: What kinds of policies will the Policy Fund support? The Policy Fund will support local jurisdictions in passing and implementing policies that will protect tenants and preserve and produce housing. The Fund will use the policies vetted in the CASA (Committee to House the Bay Area) process as a menu of possibilities for jurisdictions to propose in their applications for funding. The Fund’s rst e ort will be Challenge Grants, which will be focused on strengthening tenant protections, and the preservation of a ordable housing. For instance, the Fund would support jurisdictions in passing and implementing tenant protections such as just cause eviction, rental assistance, and tenant representation policies. Q: Does the Partnership support the CASA (Committee to House the Bay Area) Compact recommendations? We believe that in order to promote a thriving Bay Area for all, we need to invest in the production and preservation of a ordable housing, as well as policies that protect tenants. To get there, our goal is for the Partnership’s e orts to complement the great work that community and faith leaders and housing advocates have already been leading for decades. One of our e orts is a Policy Fund that will support local jurisdictions in passing and implementing policies to protect tenants and preserve and produce housing. This Fund will use the policies vetted in the CASA process as a menu of possibilities for jurisdictions to propose in their applications for funding. Q: Why did you focus only on 5 of the counties in the Bay Area? This is meant to be a starting point—we want to be sure we’re being ambitious, but also focusing on a smaller number of counties, given the deep relationships and capacity needed to implement the funds e ectively. By targeting resources to these 5 counties (Santa Clara, San Mateo, San Francisco, Alameda and Contra Costa), we hope to jumpstart high-impact projects and policies that could have positive impacts throughout the region, and have the potential to expand to additional counties in future years. 1 Challenge Grant Summary Sheet Jurisdiction: Palo Alto Team Members: Main contact - Hang Huynh, Senior Planner, Planning and Development Services Dept. Fellow supervisor - Elena Lee, Planning Manager, Planning and Development Services Dept. Director and Assistant Director, Planning and Development Services Dept. (no names) Silicon Valley at Home (no name and title) Proposed Protection and Preservation policies: • Adjust the current renter protection ordinance • Review existing renter protection ordinance and comparable ordinances in the San Francisco Bay Area • Evaluate reasonable relocation assistance to be provided for tenants of properties with 5 or more units displaced due to a change of use, sizeable rental increases, or eviction without just cause, while protecting the fair rights of property owners • Strengthen enforcement measures to ensure compliance with penalties for violations of Palo Alto’s existing requirement to offer an annual lease to tenants Racial + Economic Equity Lens: The population of Palo Alto is 63% Caucasian, 27% Asian/Asian- American, 5% Latino, and 2.5% reported being a household of two or more races. 72% of Latino/Hispanic households are renters, just under 60% of mixed-race households are renters, and 69% of the small African/African-American population are renters. While the majority of renters are white, and the majority of low-and moderate-income tenants are also white, non-Asian people of color are far more likely to be renters in Palo Alto. The targeted community engagement strategy is to reach the communities that are most affected by tenant protections. With the Challenge Grant Fellow, and translator when needed, the plan is to engage smaller, focused groups, including with communities of color, to learn about their experiences as tenants. The smaller, focused groups will allow direct dialogue between tenants and the project team in a supportive s environment that is less intimidating than large public forums. Political Context: Due to limitations in staff time, specifically the Planning and Development Services Department which is experiencing a 33% vacancy, the City has not been able to advance the issue of renter protection policies in a robust manner. The need for renters’ protection became a priority for the City Council in 2018 when a property owner proposed to convert an existing apartment complex to a hotel. Two months after tenants received eviction notices, City Council passed an emergency ordinance requiring landlords of buildings of 50 units or more to provide relocation assistance to no-fault evicted tenants, as well as passed new tenant protection policies. Previously, the City Council have taken up issues related to tenant protections, which were contentious and divisive. However, after the above-mentioned apartment conversion situation developed, the dialogue shifted with a desire to be more proactive. The real lives impacted by the eviction notices touched the hearts of many in the community and created space for a renewed conversation about how 2 to ensure Palo Alto remains a desirable community with a high quality of life that is inclusive of low- and moderate-income residents. The City has very engaged and educated residents, who demand a significant amount of data and information. If changes are proposed, extensive community engagement is needed to build support. The Palo Alto community has preserved single family homes and has not developed a large amount of multi-family or affordable housing. Recently, the City Council has adopted or modified ordinances to encourage housing production. They approved 59 units of affordable housing, the first fully affordable development in eight years. In addition, City Council recently adopted a package of policies to facilitate the development of multifamily housing; however, rising construction costs have delayed construction. Community Partnership Plan: Silicon Valley at Home (SV@Home) will be the lead community partner. SV@Home has been the voice for affordable housing in the Silicon Valley advocating for policies, programs, land use, and funding. The organization has worked at a regional scale by engaging local jurisdictions’ staff, providing technical support, and facilitating conversations. SV@Home would assist with 1) understanding the problem through focused outreach, and qualitative and quantitative data analysis, 2) identifying and refining solutions in order to develop a policy package for Palo Alto, and 3) presenting the policy package to both the City Council and the public for discussion and action. Jurisdiction Contributions: This effort will be supported by a range of experienced planning staff, including the manager of the Long-Range Planning Team and the senior housing planner. Staff will also be supported by the Planning and Development Services Department Director and Assistant Director. To show the commitment to the community engagement, the City’s management staff will be deeply involved in the community conversation throughout the process, providing an additional link between the City Council and the stakeholder groups. Endorsement Letters: Mayor Eric Filseth, Vice Mayor Adrian Fine, Councilmember Kniss (seven councilmembers total includes Mayor and Vice Mayor), and Silicon Valley a 3 I. BASIC INFORMATION Name of City: Palo Alto Name of Submitting: City of Palo Alto Name of Staff Contact Person: Hang Huynh Title: Senior Planner City Department: Planning and Development Services Email: Hang.Huynh@cityofpaloalto.org Phone Number: (650) 329-2493 Name of Person Providing Direct Supervision to Fellow: Elena Lee Title: Planning Manager City Department: Planning and Development Services Email: Elena.lee@cityofpaloalto.org Phone Number: (650) 617-3196 Address: Palo Alto II. VISION, POLICY PRIORITIES & IMPACT We will look for the following within your answer: • Provide a clear and concise statement of the problem you seek to address, include data to provide additional context on the nature and extent of this challenge. • Description of whether your proposal focuses on tenant protections, or a combination of tenant protections and preservation of existing affordable housing and how you intend to use the fellow to achieve your outcomes. • Please describe the innovative or groundbreaking change you would like to see in the next 2-5 years and how that change impacts vulnerable tenants (and existing affordable housing) in your city. • The local economic, political and social conditions that are driving that vision. • The package of policy changes you are proposing. Please describe why have you chosen to advance these particular policies and whether they are part of a new or continuing effort. For this section, please refer to the Policy Fund’s list of recommended policies in the Appendix (See the full RFP document for reference). Please note: Jurisdictions that have already enacted some of the listed policies are encouraged to apply and will be considered as competitive as jurisdictions with no protections. The City of Palo Alto seeks to address the vulnerabilities that renters face, especially low- and moderate-income renters, by developing policies that provide renters with protections. Through renter protection measures, Palo Alto can increase stability for renters and can ensure that Palo Alto remains a sustainable community where households of all incomes and occupations thrive. The need for renters’ protection became a priority for the City Council in 2018 when a property owner proposed to convert an existing apartment complex to a hotel. Originally known as the Hotel President in 1929, the President Hotel was converted from a hotel to a 75-unit apartment complex in 1968. The President Hotel provided apartments for relatively lower rents, between $1,200 to $2,400, for over 50 years. The rent was comparable to deed-restricted rents for very- 4 low and low rentals. The new owners, intending to convert the building back to a hotel use, issued eviction notices to vacate in June 2018. Two months after tenants received eviction notices, City Council passed an emergency ordinance requiring landlords of buildings of 50 units or more to provide relocation assistance to no-fault evicted tenants. However, to date, the relocation assistance provided a temporary monetary relief but all tenants at the President Hotel ultimately were evicted and have relocated. With limited policies of tenant protections, the emergency ordinance was a direct reaction to the City Council’s concern about the lack of tenant protections for the President Hotel residents. The President Hotel evictions highlighted for the City Council the need for proactive tenant protections. The entire Bay Area faces a shortage of housing, especially affordable housing. The limited supply of housing coupled with a rise in high wage earners has led to extremely high rents, congested roads, increasing levels of homelessness, and an exodus of many of our city’s diverse residents. Many of those who serve the community and play critical roles in the local economy and high quality of life—from cooks and artists to teachers and firefighters—cannot live in or near Palo Alto. A common example are business owners facing shutdowns of their businesses due to difficulty hiring and retaining service workers who are often renters of the community. Most recently, Prolific Oven, a bakery that has been with the City for 39 years, has announced it is closing at the end of September 2019 due to the high cost of doing business. One of the cited reasons was the difficulty to retain workers due in part to the high cost of housing. Though Palo Alto has a population of only 66,000 residents, the population swells to 130,000 during day time working hours (City of Palo Alto FY 2018 Comprehensive Annual Financial Report (CAFR)). This dramatic three-fold increase is due to the high number of jobs located in the city. In addition, many jobs in Palo Alto are high-wage jobs in the technology, medical, and education fields. The high number of high-wage jobs contributes to intense competition for the limited housing supply in the city and means that landlords have their pick of tenants. Renters with higher incomes are able to secure housing more easily than lower-income households. In August 2019, the median rent for a two-bedroom apartment in Palo Alto was $4,500 . To comfortably afford this, a family of two would need to earn at least $180,000 annually (https://www.trulia.com/real_estate/Palo_Alto-California/market-trends/). Still, according to the 2017 American Community Survey, renter households make up 45% of the households in Palo Alto. Given the high rents, it’s unsurprising that 40% of renter households are cost-burdened. Cost-burdened households pay more than 30% of income to housing, leaving a limited amount of income available for transportation, food, medical care, education, and other needs. The Palo Alto community has preserved single family homes and has not developed a large amount of multi-family or affordable housing. Since 1973, there are 2,192 affordable rentals, below market rate rentals, or below market rate ownership units built in the city, or approximately 8%. Of these 84% are designated for low to moderate income households. 5 City Council has passed policies designed to address the supply-side of the housing crisis. Just a few months ago, the City approved 59 units of affordable housing, the first fully affordable development in eight years. In addition, City Council recently adopted a package of policies designed to facilitate the development of housing, however rising construction costs have delayed the construction of entitled multifamily housing, thus prolonging its realization. In the context of limited housing supply, a large number of high-wage jobs, and the vulnerability of renters, the City of Palo Alto aims to focus efforts on renter protection. By protecting renters, the City can help provide stability, retain the income-diversity that remains, and support stability of future renters as well. The City Council and broader community acknowledges the housing challenges our residents face and have initiated action to address these issues. In September 2018, the City Council discussed a host of renter protection policies. The Council directed staff to explore policies including: • Direct staff to return to Council with specific proposals to adjust the current renter protection ordinance; • Review of existing renter protection Ordinance and comparable ordinances in San Francisco Bay Area; • Evaluate reasonable relocation assistance to be provided for tenants of properties with 5 or more units displaced due to change of use, sizeable rental increases, or eviction without just cause, while protecting the fair rights of property owners; • Strengthen enforcement measures to ensure compliance with penalties for violations of Palo Alto’s existing requirement to offer an annual lease to tenants; • Consider other updates to existing renter protections and mediation program as needed to continue a healthy and diverse community; and • Discuss the full range of renter protections. Discussion topics to include just cause evictions and rent stabilization among other protections. Due to limitations in staff time (specifically the Planning and Development Services Department experience 33% vacancy in full-time positions), the City has not been able to advance this issue in a robust manner. While the community acknowledges affordable housing is a pressing matter that must be addressed, building community consensus requires time for thoughtful discussion and deliberation buttressed by research. The City has been unable to pursue renter protection policies in this manner. With the support of our community partner, Silicon Valley at Home (SV@Home) and the Challenge Grant Fellow, the City proposes to (1) understand the problem through focused outreach, qualitative and quantitative data analysis, (2) identify and refine solutions in order to develop a policy package for Palo Alto, and (3) present the policy package to both the City Council and the public for discussion and action. The City Council’s 2018 action and list of associated policies are a starting place for this project; yet we move forward understanding that policies may be added, and others discarded as ineffective for Palo Alto. 6 The City of Palo Alto believes that through this approach, a successful set of policies can be advanced that provide protection and stability for renters throughout the city. In the medium term, 2-5 years, we expect to see the policies implemented and helping retain low, moderate, and middle-income households. We also believe that our approach to community engagement can serve as a model for nearby communities that are similar to Palo Alto. The engagement will develop community support and buy-in to solutions. The community support will maximize the likelihood renter’s policies be supported and adopted by City Council. If funded, the City of Palo Alto can be a model for policy change for smaller to medium cities in the Bay Area. Palo Alto’s demographics, building form and development pattern, policies, and jobs/housing imbalance are representative of the 15 other cities in Santa Clara County. If change is to occur in the region, realistic change needs to occur at a smaller scale of a peer city so that neighboring cities will consider replication and adoption. Palo Alto can model a proven framework and process other cities can use. Given the diverse ideas to address renter protections, the process for policy change is estimated to be carried out in phases over the two years of the Challenge Grant. The City’s role as primarily a regulatory body can support tenant protection issues through policy. With the direction from City Council’s Memo in 2018, the approach above will be an extension of efforts already underway. III. SOCIAL, RACIAL & ECONOMIC EQUITY Please describe how your proposal will intentionally improve social, racial and economic equity in your city, including the following: • Identify the vulnerable low-income residents and communities of color that your policy plan will impact. Please include data that breaks down impacted populations by race and income. • Describe the approach you will use to meet the needs of these populations. • Outline the specific impact you anticipate that the passage of your proposed policies will have on these communities. Santa Clara County is the most populous county in the Bay Area with a current median income estimated at over $125,000. As incomes continue to rise at the high end, lower income households struggle to hold on. Santa Clara County has a very high-income inequality ratio of 16.4 according to the Public Policy Institute of California, meaning high-income families have 16 times more income than low-income families (https://uwba.org/wp- content/uploads/2017/10/SantaClara-Snapshot.pdf) . While this highlights the economic polarization of the County, it also reveals its economic diversity. Although Palo Alto is one of the more affluent cities in the County, low income families make up 28% of the population of City . The renter population in Palo Alto is also economically diverse, but fully 50% of them are 7 low and moderate-income households with incomes below $100,000 (American Community Survey, 5-Year Estimates, B25003 (A-I)). In 2017, the population of Palo Alto was 63% Caucasian, 27% Asian/Asian-American, 5% Latino, and 2.5% reported being a household of two or more races. Renters make up 45% of the households in Palo Alto, and over 60% of renter households are classified as Caucasian, or non- Hispanic white by the census. However, 72% of Latino/Hispanic households are renters, just under 60% of mixed-race households are renters, and 69% of the small African/African- American population are renters. Thus, while the majority of renters are white, and the majority of low-and moderate-income tenants are also white, non-Asian people of color are far more likely to be renters in Palo Alto (American Community Survey,5-Year Estimates, B25003 (A-I)). Because renters are more likely to have lower incomes than homeowners, they experience the most vulnerability in an unstable, high-priced market, and are unfortunately not as well represented in the policy making process. The focus of this effort is to engage the full diversity of the population in the process. The Challenge Grant will allow the City to approach community engagement with a more targeted approach. The strategy is to directly converse with the communities that are most affected by tenant protections. With the Challenge Grant Fellow, and translator when needed, we plan to engage with smaller, focused groups, including with communities of color, to learn about their experiences as tenants. The smaller, focused groups will allow direct dialogue between tenants and the project team in a supportive s environment that is less intimidating than large public forums. This will allow the City to gather a range of qualitative data that has not been previously available. Through these efforts, we can learn the shape, scope, scale, and breadth of issues challenging renters in Palo Alto. This can help to refine the policies by ensuring those pursued directly impact our local community. In addition to focusing on tenants, we also plan to speak with other stakeholders directly affected by tenant protections: landlords. We discuss this strategy further in the community engagement section. A key component of working with communities of color, low income renters, and other tenants is creating space to hear their stories and helping to broker the dialogue between these communities and landlords. In addition, we hope to engage the broader community in the discussion, because truly, the entire community is impacted when renters have unstable housing. IV. PAST EFFORTS Please describe the most significant tenant protection or affordable housing preservation policies that your city has passed in the past 2-5 years. In your answer, please include: • The impact made • Key elements that made the adoption, implementation, and impact possible. If you have not made significant policy progress, please explain why and describe your obstacles. Include in your answer: • An overview of the political and economic context, identifying anything your city could have done differently to pass the policies. 8 • An explanation of how your proposed Challenge Grant effort will be different from these past efforts. In 2018, the City Council adopted an emergency ordinance No. 5441 or Palo Alto Municipal Code 9.68 – which required properties with 50 or more units, provide a relocation assistance for no-fault evictions, with additional relocation assistance payments to a tenant aged 60 years or older, disabled, or low-income household as defined by Palo Alto Municipal Code 16.65. This emergency ordinance was a direct engagement of the tenants being displaced at the President Hotel. Prior, Council has also adopted the following policies: • Palo Alto Municipal Code 9.74 – prohibiting landlords to discriminate against families from having fewer than two persons occupy a bedroom per unit; • Palo Alto Municipal Code 9.72 – providing tenant-landlord mediation services; • Palo Alto Municipal Code 9.68 – requiring landlord offer at least one-year leases. Housing production has allowed preservation of existing housing by expanding the housing supply. From a code-based approach, City Council has adopted or modified ordinances to encourage housing production. Most recently in 2018, City Council adopted the Affordable Housing Combining District, similar to an overlay, that allows flexible developmental standards, to create 100% affordable rental housing in commercial zoned areas within half-mile of transit, and adopted the Workforce Housing Combining District, which encouraged development for middle income households by incentivizing development within half-mile of transit flexible development standards in the Public Facilities zoning district. In 2019, the City Council incorporated the Housing Incentives Program into the Zoning Code, (1) to allow an increase of floor area in certain zones, (2) increase unit density in the multi-family residential zones, (3) allow 100% affordable housing projects to be exempt from the retail preservation requirement and (4) allow certain properties adjacent to El Camino real to use commercial floor area for residential to increase the housing floor area. In addition, the City Council has adopted the Housing Work Plan, a staff proposal to update the Municipal Code to encourage housing consistent with the City’s Comprehensive Plan and modified the Accessory Dwelling Unit ordinance to facilitate more second units. The Housing Work Plan includes policies, programs, and proposed changes to help increase the production of housing. The Plan aims to enable the production of 300 housing units per year to meet the goals of the Comprehensive Plan, which calls for 3,545 to 4,420 housing units to be built between the years of 2015 to 2030. Notably, the City adopted a series of updates to the City’s Accessory Dwelling Unit (ADU) ordinance. The ADU ordinance went beyond State mandated ADU requirements to encourage second units, including junior accessory dwelling units and conversions of garages to ADUs. This housing work plan has allowed for a significant increase in the production of ADUs and notably, a 100% affordable housing project of 59 units, the first fully affordable residential development in eight years. Lastly, the City Council has also supported efforts to the preservation of the housing stock. The City works with Palo Alto Housing to administer its deed- restricted units and also contacts the Department of Housing and Urban Development (HUD) and California Tax Credit Allocation Committee (CTCAC) of affordable housing projects and expiring contracts. The City has 9 adopted policies in 2017 Comprehensive Plan, which laid an overarching goal of preserving a sustainable community. In Policy L-2.3, a key part of preserving a sustainable community was to allow and encourage mix of housing types and sizes to be integrated into neighborhoods and designated for greater affordability. In addition, the recent Housing Ordinance has allowed parcels that have a residential use that exceed the maximum density to be redeveloped or replaced at the existing density if the project continues as rentals. If projects are to be redeveloped from rental to ownership, Palo Alto Municipal Code 21.40 requires that at least 25% of the total units must be affordable for low to moderate income households and that current tenants have the first right to refusal to purchase unit. Rental preservation continues to be a priority task in the City’s Housing Work Plan and work are underway. The Challenge Grant efforts will differ from these past efforts because of (1) the evolving political context and (2) the approach to community engagement proposed. Prior to the aforementioned President Hotel challenge, the City Council had taken up issues related to tenant protections. Some have reflected that the conversation and dialogue became fraught, with divisions appearing and certain topics becoming lightning rods. When the President Hotel was a crisis, the real lives impacted by the eviction notices touched the hearts of many in the community. The crisis inspired direct response as well as a desire to be more proactive. This community experience has shifted the dialogue, creating space for a renewed conversation about how to ensure Palo Alto remains a desirable community with a high quality of life that is inclusive of our low- and moderate-income residents. We also believe that our approach to community engagement will build on this moment and bring stakeholders into the conversation in unique and constructive ways. V. STAKEHOLDERS AND COMMUNITY PARTNERSHIP Please share your plan to engage your community on this process, with a specific emphasis on engaging low income and communities of color. Include in your answer: • Description of the local stakeholders most critical to achieving your policy outcomes — including tenant rights groups, affordable housing developers, policy organizations, and/or neighborhood groups. • The community groups you will partner with most closely to engage community and develop/pass meaningful policy. • The community group that will serve as your lead partner (This group will receive two years of financial support for their partnership). Please describe the role this community group will play, why this community group is best positioned to lead on this effort, and your past relationship with this group. We are open to more than one community lead. • How you will work with your lead partner and other community groups to foster true partnership. The expectation is that the jurisdiction will take the lead in building/maintaining transformational community partnerships, with Fellows helping to facilitate the process • The direct support (e.g. financial, other) that you will invest in your community partners to ensure the success of your community engagement efforts. 10 • Include a letter from your community organization or organizations acknowledging that your community partnership plan, including budget, was crafted with their input. [All documents can be uploaded in Step 8 of this application process] In order to successfully advance renter protection policies in Palo Alto, the City and community partners must work to (1) gather quantitative data, (2) engage all of the stakeholders, (3) facilitate dialogue among stakeholders, (4) frame the issues, (5) distill and evaluate solutions, and (6) propose solutions to decision-makers. (1) Gather Quantitative Data: First, the Team, to be composed of City staff, the Challenge Grant Fellow and Silicon Valley at Home (SV@Home), will gather quantitative data of renters in Palo Alto, which will include more place-based data, such as income analyses by race and ethnicity. This will enable the project team to identify stakeholder groups for the qualitative data gathering stage. (2) Engage Targeted Stakeholders: This qualitative engagement, intended to complement the quantitative data, will first identify different stakeholder groups, as well as individual leaders and organizations within each group. Stakeholders in the City include developers, property owners, renters, and range of perspectives of various local organizations of Palo Alto Forward, Palo Alto Housing Corporation, and Palo Alto Unified School District. Most importantly, the project team will reach out to affected groups that are often not engaged such as RV dwellers, business owners, service workers and those working with at-risk communities, such as intervention organizations as Downtown Streets Team and our local homeless shelter. It is essential that SV@Home and the Challenge Grant Fellow, with their expertise, assist with building and trust in the engagement process. After initial relationship building, the Challenge Team will engage in various methods to solicit input from the stakeholders, including interviews, pop-up workshops, surveys, and listening tours to understand the various perspectives of the communities. Through engaging with stakeholders separately, the Team can further refine the problems so that it is clear what issues need to be addressed. (4) Distill and Evaluate Solutions: The targeted outreach to stakeholders will help reveal the values and priorities of stakeholders, as well as refine the problems faced by renters, the constraints landlords express, and opportunities to advance tenant protections. The Challenge team can integrate this qualitative and quantitative data in order to refine the problems, research solutions, and distil a package of policy proposals specifically designed to address concerns in Palo Alto and calibrated to our local community. Considering the stakeholders will identify various problems, this phase will include policy research and analysis of the potential impacts of solutions if applied in Palo Alto. (5) Framing the Issues: The Challenge Team will then prepare for near simultaneous presentation of this policy package. We will engage the broader community in a conversation about how to protect vulnerable tenants in our community. Protecting renters affects more than landlords and tenants, it affects the entire community. By deliberately engaging a broader group of residents, we can share the policies, their intended impacts, and gain valuable feedback. 11 The outreach and listening tour will define the needs of the stakeholders and frame issues and will guide the Team’s exploration of solutions. This process will also include additional outreach to the broader community, including facilitated dialogues, panel discussions, online surveys, pop ups, and meetings with other neighborhood groups. (6) Propose Solutions to Decision-Makers: Ultimately, the Palo Alto City Council will need to consider the policy package. The full Council can consider this; they may also refer the item to the Policy & Services Committee, as well as the Planning and Transportation Commission. The City Council values community input. The formal Council hearings serve as an opportunity for community engagement via public comment and the discourse among decision makers. We anticipate that the Challenge Team will bring the package forward to the decision-makers for an initial hearing, then engage the broader community as defined in step 5, and then return to the Council following the broader conversation. This interplay between formal hearings and more dynamic public engagement is a delicate balance that will need to be carefully considered as the policies advance. Overall, the comprehensive and inclusive community engagement strategy will foster trust and support by creating an understanding of the community’s various issues and priorities for tenant protections. The effective engagement will in turn, be used to inform policy changes. Policy development will require a form of public deliberation to seek collective solutions that can be supported by the broader community and eventually adopted by City Council. This proposed community engagement plan provides for engagement earlier in and throughout the process, in order to build trust and foster a relationship. This relationship is critical for the development of a common understanding. The common understanding is needed to lead to solutions that not only address actual needs but will have the support of the larger diverse community. The City has asked Silicon Valley at Home (SV@Home) to be the lead partner on this endeavor. SV@Home has been the voice for affordable housing in the Silicon Valley since its inception. The organization has advocated for policies, programs, land use, and funding that have directly correlated with tangible outcomes all over the Silicon Valley. The organization has worked at a regional scale advocating for policies for affordable housing by engaging local jurisdictions’ staff, providing technical support, and facilitating conversations. The organization’s approach has been very pragmatic as exemplified in completed advocacy work through education, engagement, and awareness for very diverse groups with diverse interests. Particularly, SV@Home can support policy conversations directly with advocates, various communities, and elected officials. Understanding the community climate, and very diverse interests, SV@Home is the ideal organization to deal with a challenging topic in this community, pragmatically. The City believes that the partnership should be an open dialogue and an exchange of ideas. With SV@Home, the City will refine a community engagement plan. The Challenge Grant Fellow, with extensive and innovative community engagement experience, will help facilitate the discussion with the community. The team will regroup after each session and discuss changes needed for the next engagement and adapt to the various groups. The Grant will provide resources for staffing and also for more expertise in community engagement, from both the Challenge Grant Fellow and our partner organization, SV@Home to 12 allow for a more robust community engagement process. The Challenge Grant Fellow and SV@Home will be invaluable assets to the community engagement process. Often the most difficult process in the plan is identify all the stakeholders who are often not heard. Staff plans to have implement open communication with stakeholders, intended to inform each phase of the project and throughout the process. This multi-pronged approach to dialogue will give the community opportunities to influence the outcome at any point throughout the process, empowering them in the decision-making process. VI. CITY LEADERSHIP, & CONTRIBUTION TO SUCCESS OF EFFORT Please describe what your city will contribute to ensure the success of this effort. In your answer, please include the following: • Demonstrate your jurisdiction's track record of passing progressive housing policies • Identify in-kind support and resources to advance your proposed work • Name staff, including executive team members, who will play a lead role in this effort. Describe their roles in the effort and their relationship with the Challenge Grant fellow. • Name the staff member or elected that will directly supervise the Challenge Grant fellow and indication of where they sit in the organizational chart, relative to leadership. • Elaborate on the political context of your jurisdiction, including: • Whether you have the council votes necessary to adopt these policies and secure the budget to implement them. • The role that the City Manager and/or Mayor may play in helping to advance the proposed policy package and ensure implementation. If you do not foresee the City Manager/Mayor playing a role, please provide additional context as to why not and how you plan to work around that, if applicable. • Description of the community context as it relates to the adoption of proposed policies The City Council has taken many progressive regulatory and policy actions as mentioned earlier in the application with the adoption of the following: The Affordable Housing Overlay/Combining District, the Workforce Housing Overlay/Combining District, the Housing Incentives Program, the Accessory Dwelling Unit ordinance, and the Housing Work Plan. The City intends to continue develop innovative new policies to implement but will need additional resources, such as those provided by this Challenge Grant. This effort will be supported by a range of experienced planning staff. The Challenge Fellow will work under the direction of the full-time manager of the Long-Range Planning Team and will be a lead collaborator with the City’s full-time senior housing planner as well as working directly with SV@Home. In addition, staff will also be supported by the Planning and Development Services Department Director and Assistant Director. Both the Director and Assistant Director have deep housing experience and an understanding of Palo Alto specific issues. To show the commitment to the community engagement, the City’s management staff will be deeply involved in the community conversation throughout the process, providing an additional link between the City Council and the stakeholder groups. By providing the community with the opportunity to be engaged throughout the process from its initial inception and onward, it becomes possible to build true community support, clearly 13 communicating to the City Council the importance of this work. Palo Alto has a very engaged City Council who place great importance on understanding the issues and the needs of their constituents, often engaging in spirited debates. Palo Alto has seven council members, with the mayor leading the public hearings and setting up priorities. The City Manager and staff work with the mayor in structuring public hearings and meeting, to allow for meaningful discussions. The City Manager will provide support for the Mayor in context and procedures to adopt proposed policies. The City has very engaged and educated residents, with over 97.2% of the community attaining a high school diploma or higher. Thus, there is a demand for significant amount of data and information, along with extensive community engagement to build support if changes are proposed. It is critical that the Team create strategies to ensure productive community engagement activities that will bring people towards solutions to the challenges and not intensify the divide. VII. APPROACH AND KEY MILESTONES Please explain your approach to passing and beginning successful implementation of your policy package, including: • Key activities and timeline for policy development, passage and implementation, including semi-annual milestones. • Key stakeholders for policy development, passage and implementation. • Your plans for implementing these policies once they are adopted, including timeline, responsible departments/staff and budget. A critical factor for successful implementation of potential tenant protection policies is continued community engagement in the development and implementation of policies. During the policy development process, the Team has to ensure that the outcomes during the outreach portion of the community engagement are fully considered and articulate the values and goals into tangible policies. By conveying the community’s goals, this can form a partnership and allow empowerment with community to long-term commitment to the community engagement process. All potential policies in the City will need to follow proper process and include maximize community engagement. Not including public noticing, below follows the potential timeline of the community engagement process. The potential timeline as follows for community engagement and implementation of policies: -KEY DATES AND MILESTONES- November – January 2020 Challenge Grant Award Announcement; City Council accepts grant award (City of Palo Alto Planning and Development Services (PDS) Department) January – February 2020 Strategy Meeting for Community Engagement Process; Development of Stakeholders’ List (PDS Department, Challenge Grant Fellow, and City Manager’s Office) 14 March – June 2020 Community Engagement Meetings and Listening Tours (PDS Department and Challenge Grant Fellow) June 2020 Policy Development Meetings (PDS Department and Challenge Grant Fellow) July 2020 Convene and Propose Policies from Community Engagement (Facilitator, Challenge Grant Fellow, and PDS Department) August 2020 Study Session with City Council; broader community dialogue (Challenge Grant Fellow and PDS Department) September 2020 – December 2020 Draft Policy Suggestions for City Council Policy and Services Committee review; continue community dialogue through focused activities; City Council discussion continues (PDS Department, City Attorney, Challenge Grant Fellow) January 2021 Draft an Ordinance (PDS Department and City Attorney) February 2021 Draft Ordinance for 30-day Public Comment (PDS Department and Challenge Grant Fellow) March 2021 Public Hearing on Ordinance to Planning and Transportation Commission (PDS Department and Challenge Grant Fellow) April 2021 Public Hearings on Ordinance to City Council (PDS Department and Challenge Grant Fellow) May 2021 Adoption of Ordinance (PDS Department and Challenge Grant Fellow) June 2021 Ordinance Effective (PDS Department and Challenge Grant Fellow) July 2021 If Ordinance relates to fees, 60 days effective (PDS Department and Challenge Grant Fellow) July 2021 – onward Implementation of Ordinance (PDS Department, City Attorney and Challenge Grant Fellow)* June - August 2021 – onward 15 Renters and Landlord Workshops (PDS Department, Challenge Grant Fellow, BMR Administrator, and Translator)* August 2021 – onward Additional Community Education and Website to enable successful Implementation (PDS Department, Challenge Grant Fellow, BMR Administrator, and Translator)* *City staff to work with initially with Challenge Grant Fellow to establish format and to carry out going forward. PARTNERSHIP FOR THE BAY’S FUTURE baysfuture.org PRODUCE new affordable homes Karen Camacho (East Palo Alto) Karen (she/her) is an experienced organizer, coming most recently from the Housing Leadership Council of San Mateo County (HLCSMC). At HLCSMC, Karen advocated for the protection, preservation, and production of affordable housing; collaborated with different government and community stakeholders; and empowered residents to speak up about affordable housing opportunities in their communities. She also worked to implement the Surplus Land Act and to ensure affordable housing opportunities on public land. Prior to joining HLCSMC, Karen worked at the ACLU of Northern California as an organizer and policy advocate on criminal justice and reproductive rights issues. She gained much of her early advocacy experience organizing around Latinx rights in college and advocating – alongside Buena Vista Mobile Home Park residents – for individuals facing eviction. Karen has interned at the Lawyers’ Committee for Civil Rights Under Law in Washington, D.C., and worked as a mentor and educator for youth in San Mateo and Santa Clara counties. She is passionate about empowering marginalized communities and ensuring that low-income people of color have the tools they need to authentically create the changes they want to see in their communities. Karen completed her bachelor’s degree in Political Science and a master's degree in Latin American Studies at Stanford University. She currently serves on the Rent Stabilization Board of East Palo Alto. CHALLENGE GRANT FELLOWS Lauren Bigelow (Palo Alto) Lauren (she/her) joins the Fellowship from Palo Alto Housing, where she helped create policy and administered Below Market Rate programs for the cities of Palo Alto, Mountain View, Redwood City, and Los Altos. While at Palo Alto Housing, Lauren focused on educating tenants on local housing policy and connecting them to local housing and advocacy resources. Lauren serves as a Commissioner on Menlo Park’s Housing Commission and San Mateo County’s Commission on Disabilities, where she works to review development proposals and update affordable housing guidelines to ensure equity and inclusion of historically excluded communities. Prior to Palo Alto Housing, Lauren worked at College Track in East Palo Alto to bridge opportunity gaps faced by low income communities disproportionately comprised of people of color. She has a BS in Psychology and Social Action from Palo Alto University and a BA in Theatre and Communications from Goucher College in Baltimore, MD. Lauren is devoted to preserving the diversity of communities by protecting current residents and increasing the supply of affordable housing. PARTNERSHIP FOR THE BAY’S FUTURE baysfuture.org PRODUCE new affordable homes Brandon Running Bear Harrell (Redwood City) Brandon (he/they) works at the intersection of sociology and ecology, where economic development and permaculture design meet to provide for all human needs. His 10 years of demonstrated background in urban innovation and community building continue to help scale radical inclusion and systems change. Brandon is a partner at the Urban Permaculture Institute where he co-developed locally responsive, urban and environmental planning strategies and recommendations to regional governance and "grasstops" organizations. Previously, Brandon was a full time GIS software geek and diversity, equity, and inclusion advocate – holding director-level positions at organizations such as GIS Planning Inc., Change Catalyst, and Impact Hub. As director he led efforts to develop partnerships and programs as well as support engagement with local communities – contributing to the economic opportunities and stabilization of their residents and culture. Though born and raised in the Bay Area, his expertise in urban innovation and community planning enabled him to work on community development and environmental justice projects as far as Taiwan, Portugal, the United Kingdom, Germany, Turkey, Nicaragua, Cuba, and Kenya. Brandon has lectured about planning and development in the United States and the Caribbean and has taught at UC Berkeley. Brandon holds a master’s degree in City Planning from UC Berkeley, an MBA from LIFT Economy, and a bachelor’s degree in Communication from the University of New Mexico. When he's not working, he can be found practicing archery or cooking with his partner. CHALLENGE GRANT FELLOWS Anna Cash, MCP (Berkeley) Anna’s (she/her) interests and experience center around social, racial, and economic justice, and planning for more equitable cities. Prior to the fellowship, Anna held the role of Program Director of the Urban Displacement Project (UDP) at UC Berkeley, where she was responsible for research management, with an emphasis on community engagement and policy applications of research on displacement. During graduate school, Anna's research explored the diversity of housing tenure types in Oakland, shedding light on who is left out of resident protections. Prior to graduate school, she lived in Brazil, conducting research on worker cooperatives, and reporting on displacement and the inspiring community organizing happening in favelas. Anna holds a bachelor’s degree in Sociology and Latin American Studies from Wesleyan University, and a Master's in City Planning from UC Berkeley. She is very excited to work collaboratively with community partners and the City of Berkeley towards implementing creative housing justice strategies. PARTNERSHIP FOR THE BAY’S FUTURE baysfuture.org PRODUCE new affordable homes Zachary Murray (Oakland) Zachary (he/him) was most recently a program manager for the Oakland Community Land Trust, where he worked to promote resident-centered solutions, community ownership, and permanent affordability through policy advocacy, technical assistance, and fundraising. Additionally, Zach works as a training specialist and practitioner with a focus on affordable housing development and finance for the People of Color Sustainable Housing Network. Previously, he was a state and local policy specialist with Grounded Solutions Network. While at Grounded Solutions, Zach led the development of the Inclusive Communities Toolkit and Inclusionary Housing Calculator 2.0 and provided research and spatial analysis to support local inclusionary housing and affordable housing preservation efforts in Detroit, New Orleans, and Pittsburgh. Zach also studied homeownership and racial equity patterns in California’s statewide and local housing markets while serving as an economic equity manager at the Greenlining Institute in Oakland. A graduate of Cornell University, Zach’s passion for community development and justice using race and place as a lens is inspired by his upbringing in Baltimore, MD. CHALLENGE GRANT FELLOWS Charles Harris (Alameda County) Charles (he/him) is joining the Fellowship from Hello Housing, where he was the Program Manager for Cupertino and the Town of Los Gatos Below Market Rate programs. Prior to Hello Housing, Charles was at Hamilton Families working to help families experiencing homelessness find stability by leveraging policy tools to connect them to affordable housing. He comes with experience managing large municipality-based affordable housing programs that include down-payment assistance, homeownership, and rental opportunities with the goal of augmenting those programs to work better for the people. Charles has extensive research experience and a strong understanding of affordable housing policies, production, and market trends, which has given him a concrete understanding of how organizations can move towards making housing more accessible for all communities and families. Charles is most interested in both creating pathways to homeownership for low-income and working-class families, as well as exploring new and innovative ways to create and preserve affordable housing. PARTNERSHIP FOR THE BAY’S FUTURE baysfuture.org PRODUCE new affordable homes CHALLENGE GRANT FELLOWS Aboubacar “Asn” Ndiaye (San Jose) Aboubacar “Asn” (he/him) has been generating and advocating for policy to achieve economic and racial justice in Silicon Valley through innovative policy, research and organizing campaigns that focus on affordable housing and anti-displacement, transportation justice, and quality jobs. Prior to joining the fellowship, he was Policy Manager for Working Partnerships USA, a community organization bringing together the power of grassroots organizing and public policy innovation to drive the movement for a just economy. Before Working Partnerships, he worked as Strategic Researcher for SEIU Local 1, responsible for planning and developing organizing campaigns for building services workers in the Midwest, and as an Employment Specialist for Goodwill Industries of Houston, where he assisted individuals with barriers to employment find gainful and sustainable work. Asn has also worked or volunteered in a variety of roles on electoral campaigns in Texas, Michigan, and Illinois. He is a proud immigrant and a graduate of the University of Texas at Austin, where he earned a bachelor’s degree in Government. His interests include making cities more equitable, labor history, and traveling. Partnership for the Bay Challenge Fellow Loaned to Challenge Grant Jurisdiction via Interagency Partnership Agreement Introduction Now more than ever, leaders across California and the nation are looking toward the Bay Area for innovative solutions that will lead our communities toward a more inclusive future. At the same time, the region is at a crossroads. Our economy is one of the strongest on the planet, yet inequality is skyrocketing, and we face a housing and displacement crisis that has hit low-income and communities of color particularly hard, which has had a ripple effect throughout the region. Partnership for the Bay’s Future is a collaborative regional effort to address these pressing challenges and is one of the most ambitious investment and policy initiatives in the nation. Through two separate funds, the Partnership focuses on both policy, such as tenants’ rights, and investments in housing development, to tackle these issues holistically and at an unprecedented scale. The San Francisco Foundation has selected 7 jurisdictions to implement high-impact, achievable plans for policy initiatives to support with Challenge Grant funds. These 7 Challenge Grant jurisdictions will be matched with a mid-career fellow supervised by Policy Link to increase the city’s capacity to pass meaningful protection and preservation legislation. This fellowship creates an opportunity for ambitious leaders to work with the nation’s most forward-thinking housing and economic leaders to advance the next generation of housing policy in one of the most influential regions in the world. Fellows will be responsible for championing the development, adoption, and implementation of innovative and high‐ impact policies in collaborative partnership with community and staff from departments across the jurisdiction. The Position A Cohort of 7 fellows will work under the supervision of PolicyLink to support the development and implementation of the Challenge Grant proposals. Each fellow will be assigned one local jurisdiction to work with directly and will be the champion of the project work plan for that jurisdiction. The Cohort will work as a team to develop of effective communication tools for this initiative’s findings, accomplishments and best practices to a wide variety of audiences. This is a 2-year limited term position focused on managing a regionally specific policy project of a local jurisdiction in the Bay Area. The project proposed by a local Bay Area jurisdiction is made possible by the Partnership for the Bay’s Future, a regional collaborative effort to address efforts to engage and align leaders in the equity field. The San Francisco Foundation and Policy Link have partnered to create The Challenge Grant Fellowship to build capacity, expertise, and collaboration in local jurisdictions to address the Bay Area’s affordable housing crisis. Seven jurisdictions were selected for high-impact, achievable plans to advance policy in anti-displacement strategies, affordable housing development, and protection of existing affordable housing. Under the direct supervision of a Policy Link Senior Associate on the Housing Equity Team, this position will support one of the seven to jurisdictions in the Challenge Grant pool to increase the jurisdictions capacity to pass meaningful affordable housing protection and preservation legislation. Major Duties and Responsibilities Strategic Planning. Work with the project team to complete and execute an overall strategic work plan for project. Clarify priority stakeholders and related communications efforts. Draw on PolicyLink field and communications expertise to inform strategic plan (including honing of messages and identifying media targets). Team Support. Community partner staff have significant contributions to make to the communications effort. The Fellow will work with community partners to ensure that their expertise is utilized for maximum impact to support the communications strategic plan and coordinate specific activities that support the jurisdictions ability to inform decision makers on issues that relate to project goals. Support jurisdiction staff to develop policy language by conducting research. Project Management. Initiate, plan, execute, control, and close the work plan for the team assigned to the identified Challenge Grant Proposal. Produce regular reports ton project goals and support team members to meet specific benchmarks on identified timelines. Support identified jurisdiction staff to achieve all project goals within the given time constraints. Support team to shape or reform the objectives as needed to deliver on the project goals. Schedule and facilitate monthly meetings of project team to identify action, tasks, and deliverables, and to present reports that influence decisions made by other people involved in the project. Coordination of Best Practice Management. Support program evaluation efforts for the initiative with compelling stories and media-worthy collateral. Translate communication of these practices into a core element of work to infuse improved practice in the jurisdiction and in the field. Conduct report writing, program evaluation, case study compilation, and preparation of material for publication. Incorporate PolicyLink and other equity leader’s expertise in framing issues of anti- displacement strategies and affordable housing protection and development. Media content. Preparing talking points and scripts for education. Help prepare senior officials for interviews and community meetings. Draw on PolicyLink connections with media outlets and social media in communities of color to expand reach of communications efforts to broader audiences and equity field. Draft articles for placement in field publications with audiences of practitioners, as well as in key blogs, to build awareness of program accomplishments and frameworks for policy action. Leverage media placements to build awareness of mainstream media and generate coverage of initiative successes. Generate qualitative compelling descriptions with quantitative evaluation. Position Responsibilities • Champion the development, adoption, and implementation of innovative and high‐impact policies in collaborative partnership with community-based organizations named in the project and staff from City or County Department the selected proposal. • Work with project partners to produce project workplan with data driven benchmarks • Monitor project work plan and prepare weekly reports on progress toward benchmarks, and process evaluation • Conduct background research on organizations and equity leaders to gather information to inform areas of focus, partners, and publications for reference • Analyze research to lay out and understand connections and relationships among equity leaders as well as their presence in the field, on social media, etc. • Write reports and develop presentations for decision makers and community members • Deliver reports and presentations to decision makers and stakeholders • Facilitate of integrated partnership with government, community and advocacy organizations, related to the development of government planning or policy processes • Research and develop communication and education products to support constituency alignment in the functional area of the project • Provide leadership in the convening local stakeholders and community partners to inform policy development • Internal (and possibly external) meeting support including scheduling, logistical coordination, agenda preparation, development of meeting materials, and notetaking • Commit to racial and economic equity • Conduct data analysis and research to support policy development, advocacy, or organizing • Conduct to research and development of education tools for elected, stakeholders, and community partners on local landscape of affordable housing issues and dynamics and the development and implementation of protection and preservation policies • Conduct research on the cultural, political, policy, and market dynamics at play in affordable housing development and the Bay Area City of Palo Alto (ID # 11368) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/1/2020 City of Palo Alto Page 1 Summary Title: Contract Approval with Magellan for Phase I of Fiber Network Expansion Title: Approval and Authorization for the City Manager or Designee to Execute a Professional Services Agreement With Magellan Advisors, LLC, in a Not-to-Exceed Amount of $214,236 for Phase 1 of the Fiber Network Expansion Plan From: City Manager Lead Department: Utilities Recommendation Staff recommends that Council approve and authorize the City Manager, or his designee, to execute a Professional Services Agreement (C20176363, Attachment A) with Magellan Advisors, LLC (Magellan), in a total not-to-exceed amount of $212,511 for Phase 1 (of 4 phases) for the Planning and High Level Design of Fiber Network Expansion to Support Advanced Metering Infrastructure (AMI), Supervisory Control and Data Acquisition (SCADA), and Internal Wireless Communication Network; which includes $193,192 for planning and high-level design services and up to $19,319 for additional unforeseen work. Executive Summary On June 24, 2019, Council approved staff’s recommendation to re-issue the Fiber-to-the-Node (FTTN) Request for Proposal (RFP) to begin a multi-phase fiber network expansion to support Advanced Metering Infrastructure (AMI), Supervisory Control and Data Acquisition (SCADA) Systems, and wireless communication technologies for City staff. In addition to AMI and SCADA, the City is pursuing a comprehensive fiber expansion strategy from an integrated cross- utility perspective. The overall objective of this strategy is to evaluate the feasibility of integrating fiber network expansion into other ongoing utility capital improvement projects and programs, if practical, to fully leverage the City’s fiber asset. This proposed approach provides a springboard for Fiber-to-the-Premises (FTTP), because the City is adding new telecommunication infrastructure that is designed to minimize the incremental cost to extend fiber to the premises. The Professional Services Agreement with Magellan recommended by staff is Phase 1 of the multi-phase fiber optic network expansion plan, which covers the planning and high-level City of Palo Alto Page 2 design work. Staff recommends awarding all four phases to Magellan; however, agreements covering each phase must be approved, with the work completed and accepted by the Council before the City decides whether to proceed with the next phase. Background Reissuance of the Fiber-to-the-Node Request for Proposal to Align Fiber Expansion with AMI On August 21, 2017, Council directed staff to engage a management consultant to develop a business case, prepare a high-level network design, evaluate financial models for alternative use cases, and identify potential partners and/or service providers for a municipal-provided Fiber-to-the-Node (FTTN) network (Staff Report #7616). A “Fiber-to-the-Node” (FTTN) network RFP was issued on May 24, 2018, to retain a management consultant for professional services to develop a business case, financial model and design options to build an FTTN network to multiple neighborhood nodes, assess local market conditions, identify potential public-private partnerships, and develop City ordinances that could lower fiber construction costs and incentivize fiber development. The RFP noted that subject to the positive outcome of the above-mentioned tasks, the City would issue a second RFP for preparation of detailed designs and cost estimates for a FTTN network as the first phase toward a citywide FTTP network. On November 19, 2018, the Council accepted the Smart Grid and Technology Implementation Plan and directed staff to align fiber network expansion with the Advanced Metering Infrastructure (AMI) implementation plan (Staff Report #9780). On June 24, 2019, staff recommended to Council that future fiber network planning employ a fundamental design principle of fully leveraging and expanding the fiber network to support a communications platform for AMI, Supervisory Control and Data Acquisition (SCADA) systems, emerging Smart City initiatives (e.g. traffic management, smart streetlights, parking garage sensors, data collection) and deployment of City operations wireless technologies dependent on fiber to support Public Safety and Utilities staff working in the field to enhance the delivery of essential City services. For SCADA, fiber is the optimal communication medium because of information security, reliability, transmission speed, and bandwidth capacity (e.g. security cameras). In addition to developing an AMI and SCADA communications platform, the City’s objective is to pursue a comprehensive fiber expansion strategy from an integrated and scalable cross-utility perspective. This strategy is focused on evaluating the feasibility of integrating fiber network expansion into other ongoing utility capital improvement projects and programs, if practical, to fully leverage the City’s fiber asset. This proposed approach provides a springboard for FTTP because the City is adding new telecommunication infrastructure is designed to minimize the incremental cost to extend fiber and wireless communications infrastructure to residential and commercial areas. With a larger and more geographically spread out fiber network, this could incentivize Internet Service Providers (ISPs) to form a public-private partnership with the City to City of Palo Alto Page 3 provide broadband connectivity and other current and future services delivered over high- capacity fiber and wireless networks. Coordination of FTTP with electric and natural gas utility planning enables an integrated approach to strategies such as building electrification and electric vehicle support infrastructure at the scale of neighborhood blocks and potentially entire neighborhoods. Utility planning at this scale enables consideration of viable transitions to all-electric services and potential termination of natural gas services, should neighborhood-level agreement to pursue conversion be achievable. Council approved staff’s recommendation to cancel the FTTN network RFP and authorized the reissuance of a new RFP for phased fiber network expansion (Staff Report #9620). Discussion On September 10, 2019, RFP Number 176363 “Fiber Network Expansion” was published on PlanetBids to solicit proposals from qualified consulting firms to develop a multi-phase fiber- optic expansion plan. The RFP was also e-mailed to over forty (40) telecommunications and utility consulting and design/engineering firms and was listed on two websites that publish fiber and broadband RFPs. The RFP submittal deadline was October 21, 2019, but was extended to November 8, 2019. Proposals were submitted by four (4) firms and ranged in cost from $764,000 to $3.2 million. The lowest-cost Proposer withdrew from consideration prior to the scheduled demonstration interview date due to a pricing error in their submittal. Demonstrations were provided by Magellan Advisors, LLC; Burns & McDonnell Engineering Company, Inc., and Black & Veatch Management Consulting, LLC. The Proposers provided an overview of their proposed strategy, systems solutions, implementation methodology, schedule, plan, and budget for each of the four phases in the scope of work. The Proposers also presented previous experience and approaches with similar projects and solutions in other municipalities and government agencies. The four (4) phases of the Fiber Network Expansion plan in the RFP scope of work are as follows: Phase 1 seeks a high-level design and cost estimate for fiber expansion to support Advanced Metering Infrastructure (AMI), Supervisory Control and Data Acquisition (SCADA), and wireless communication for City field staff and other City services; Phase 2 seeks a detailed engineering design and cost estimate for fiber expansion to support AMI, SCADA, and wireless communication for City field staff and other City services; City of Palo Alto Page 4 Phase 3 seeks a business case and high-level design for a citywide FTTP network. The FTTP network and high-level design in the business case should expand on the fiber network for AMI, SCADA and wireless communication; and Phase 4 seeks a detailed engineering design, cost estimate and a phased deployment approach for FTTP. The staff panel evaluated the proposals in two steps based on the written proposals (maximum 60 points) and the demonstration (maximum 40 points). The evaluation criterion of the written section included completeness of proposal, effectiveness of solution, proposers experience, cost, and municipal experience. The evaluation criterion of the demonstration was proposed strategy, implementation methodology, schedule and similar project experience. Among the three (3) vendor responses to the RFP, Magellan’s written proposal and demonstration aligned most closely with the City objectives and the tasks identified in the RFP scope of work. Magellan’s written proposal and the demonstration interview compared most favorably and added more value than the proposals submitted by the other Proposers. staff recommends entering into a contract with Magellan for all four phases; however, each phase must be approved, with the work completed and accepted by the Council, before the City decides whether to proceed with the next phase. For example, upon successful completion of Phase 1, the City may authorize Magellan to continue with Phase 2. As phases are completed, staff will also seek Council authorization for funding the subsequent phases (2 through 4). Magellan provides broadband and engineering planning services to municipal utilities, with subject matter experts in grid modernization and utility communications and municipal broadband development. In its 15-year history, Magellan has planned, engineered and managed construction and inspections for over fifty (50) municipal and utility fiber networks, similar in scope to the City’s project. Magellan also engineers these networks for FTTP and designed and built FTTP networks reaching over 1 million homes and businesses with fiber. Separate RFPs will be issued for construction and construction management services if approved by the City Council for implementation in the future. Magellan will be precluded from bidding on future construction and construction management services solicitation RFPs due to conflict of interest prohibitions in California’s Government Code Section 1090. The prohibitions were communicated to the Proposers in the RFP and confirmed by staff in the demonstration interview. Proposed Duration of Project: 27-39 Months Number of Solicitations E-mailed: Forty (40) RFP Submittal Deadline October 21, 2019; extended to November 8, 2019 Pre-proposal Teleconference September 23, 2019 Total Days to Respond: Forty-three (43) Business Days Number of Responses Received: Four (4) City of Palo Alto Page 5 Number of Vendors Interviewed: Three (3) Vendor Selected: Magellan Advisors Fee Range: $2,351,366 - $3,338,302 Resource Impact Funding for Phase 1 of the fiber network expansion plan is available in the FY 2020 Electric and Fiber Budget. The funding allocation below is based on the tasks associated with the electric and fiber utilities. Phase 1 Tasks: Electric Fiber Total 1. Asset & Survey Assessment 74,760 74,760 2. High Level Design 49,350 49,350 3. High Level Cost Estimates 16,800 16,800 4. Report & Presentation 10,500 10,500 5. Local Ordinances 28,350 28,350 6. Additional Services (if needed) 9,660 9,660 19,319 Travel 6,716 6,716 13,432 Total Phase 1 $93,026 $119,486 $212,511 Staff re-negotiated travel expenses with Magellan which reduced travel budget by $19,221 and is reflected in the contract award amount. Timeline The estimated timeline, cost and major activities of the four phases are outlined below. Each individual phase must be completed and approved by City Council before the decision is made to proceed with the next phase. If approved, a contract amendment will be issued for the next phase including funding appropriation. Phase Duration Cost Contingency Total Major Activities 1 4 - 6 Months 193,192 19,319 212,511 Asset and Survey Assessment; High Level Design and Cost for Fiber or AMI, SCADA and Wireless Network; Local Ordinances City of Palo Alto Page 6 2 5 - 9 Months 478,734 47,873 526,607 Detailed Design and Costing Fiber for AMI, SCADA and Wireless Network; Construction Packages; Bid Evaluations 3 6 - 9 Months 282,144 28,214 310,358 FTTP Business Case and High Level Design; Market Assessment; Community Survey; Evaluate Public Private Partnership 4 12 - 15 Months 1,499,569 149,957 1,649,526 Detailed Design and Costing FTTP; Construction Packages; Bid Evaluations 27 - 39 Months 2,453,639 245,364 2,699,003 Total for four phases Stakeholder Engagement Staff has worked constructively with the Fiber and Wireless Citizen Advisory Committee (CAC) since its appointment by the City Manager in 2014. Notable accomplishments of the CAC include working with staff and a consultant to prepare the 2015 Fiber-to-the-Premises Master Plan and Wireless Network Plan; preparing a Request for Information (RFI) in 2016 for a public- private partnership to build a citywide FTTP network; and providing input for the 2018 FTTN network RFP. With this proposed multi-phase and integrated cross-utility approach, the Utilities Advisory Commission (UAC) will become the forum for community participation, outreach and oversight for electric undergrounding, electric system rebuilds, fiber system rebuilds, gas main replacement, electrification, fiber, and wireless planning. The UAC will facilitate recommendations to the Council and create the best opportunity to efficiently leverage the City’s fiber network with other ongoing utility capital improvement projects, environmental sustainability goals and public benefit programs. Each individual phase must be completed and approved by City Council before the decision is made to proceed with the next phase. Prior to implementation of subsequent phases, staff will return to Council with the respective tasks, costs and contracts for approval. Environmental Review Approval of the attached contract for design services and development of cost estimates for the fiber network expansion project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15306 (Information Collection) of the CEQA Guidelines because the services consist of data collection, research, and evaluation as part of a study leading to an action that the City has not yet approved or funded. The City will conduct an environmental assessment of subsequent project phases, as needed, prior to implementation. Attachments: • Attachment A: C20176363 Magellan Professional Services Rev. April 27, 2018 1 CITY OF PALO ALTO CONTRACT NO. C20176363 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND MAGELLAN ADVISORS LLC. FOR PROFESSIONAL SERVICES This Agreement is entered into on this 18th day of May, 2020, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and MAGELLAN ADVISORS LLC., a Florida limited liability company, located at 450 Alton Road 1402, Miami, FL 33139 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to initiate phase one of multi-phase fiber optic network expansion plan (“Project”) and desires to engage a consultant to conduct a fiber network asset assessment; develop a high-level fiber network design and cost estimate that incorporates AMI, SCADA and wireless applications; and draft local ordinances to reduce construction costs and implementation timeline associated with a fiber network expansion in connection with the Project (“Services”). B. CONSULTANT has represented that it has 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”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through May 18, 2021 unless terminated earlier pursuant to Section 19 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”, attached to and made a part of this Agreement. 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 Professional Services Rev. April 27, 2018 2 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 described in Exhibit “A” (“Basic Services”), and reimbursable expenses, shall not exceed One Hundred Ninety Three Thousand One Hundred Ninety Two Dollars ($193,192.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses shall not exceed Two Hundred Twelve Thousand Five Hundred Eleven Dollars ($212,511.00). The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean 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”. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing 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 payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses 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 subconsultants, if permitted, 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 of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of Professional Services Rev. April 27, 2018 3 and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. 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 submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) of CITY’s stated construction budget, CONSULTANT shall make recommendations to CITY for aligning the PROJECT 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. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY. 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 consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign John Honker as the Project Executive to have supervisory responsibility for the performance, progress, and execution of the Services and Dan Howick as the project engineer to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be Professional Services Rev. April 27, 2018 4 subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove 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 Project or a threat to the safety of persons or property. CITY’s project manager is Todd Henderson, Information Technology Department, Project Services Division, 250 Hamilton Ave, Palo Alto, CA 94301, Telephone: (650) 329-2342. The project manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement 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 pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City 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 work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) that 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. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 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. Professional Services Rev. April 27, 2018 5 SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. 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". 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 concurrent- ly 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. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. Professional Services Rev. April 27, 2018 6 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such determination may be 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, 19.4, 20, and 25. 19.5. 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. 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 project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Professional Services Rev. April 27, 2018 7 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. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. 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. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, incorporated by reference and may be 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, CONSULTANT shall comply with the following zero waste requirements: (a) All printed materials provided by CONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post- consumer material and printed with vegetable based inks. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’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 it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of Professional Services Rev. April 27, 2018 8 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 25.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS CONSULTANT is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7 if the contract is not a public works contract, if the contract does not include a public works construction project of more than $25,000, or the contract does not include a public works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than $15,000. SECTION 27. MISCELLANEOUS PROVISIONS. 27.1. This Agreement will be governed by the laws of the State of California. 27.2. 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. 27.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties. 27.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 27.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. Professional Services Rev. April 27, 2018 9 27.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 27.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 27.8 In the event of a conflict between the terms of this Agreement and the exhibits hereto or CONSULTANT’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONSULTANT’s proposal, the exhibits shall control. 27.9 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 27.10 All unchecked boxes do not apply to this Agreement. 27.11 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 27.12 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. Professional Services Rev. April 27, 2018 10 CONTRACT No. C20176363 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO ____________________________ City Manager APPROVED AS TO FORM: __________________________ City Attorney or designee MAGELLAN ADVISORS LLC. Officer 1 By: Name: Title: Officer 2 By: Name: Title: Attachments: EXHIBIT “A”: SCOPE OF SERVICES EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS John Honker President Courtney Viiolette Chief Operating Officer Professional Services Rev. April 27, 2018 11 EXHIBIT “A” SCOPE OF SERVICES Statement of Purpose This Statement of Work (SOW) specifies in detail services for Magellan Advisors, LLC to begin Phase 1 of the City’s anticipated multi-phase fiber optic network expansion plan. In conducting its work on Phase 1, Consultant will prepare a high-level design and cost estimate to align the City’s existing 49-route mile dark fiber optic backbone network (fiber network) with the City’s AMI, Smart Grid system implementation plan, SCADA communication and internal wireless communication systems for City field staff and other City services. BACKGROUND City of Palo Alto Utilities (CPAU), a department of the City, has operated and maintained the existing fiber network for more than twenty years. The network serves a variety of users with more than 200 dark fiber service connections supporting the communication needs of City facilities, critical municipal infrastructure, large commercial businesses and anchor institutions such as schools and libraries. CPAU is responsible for implementing the AMI and Smart Grid System Plan and managing the existing SCADA system. Additionally, CPAU and the City’s information Technology Department are responsible for implementing internal wireless communication systems which utilize a portion of the City’s dark fiber network. Scope of Work In consultation with and under the direction of City staff, CONSULTANT will complete the following tasks: Phase 1 High-Level Design and Cost Estimate for AMI, SCADA, and Wireless Communications for City Field Staff and Other City Services Phase 1 Deliverables Overview: 1. Working with all sources of information and data for the existing fiber optic network including information from the 2016 audit, reconcile the information by: a. Performing a review of as-built project files, engineering data on fiber connections, and fiber network maps to determine individual fiber usage; b. Providing updated records to reflect audited data; c. Providing recommendations for ESRI GIS Platform information. 2. Prepare a high-level design and cost estimate of a fiber optic communication system for AMI, SCADA, and wireless communications for Public Safety, Public Works and Utilities field staff. 3. Prepare a high-level cost estimate for an expansion option that is scalable to build a citywide FTTP network. 4. Prepare a final report for this phase that will include presentations by the selected consultant(s) before the Utilities Advisory Commission (UAC) by the third quarter of 2020 and for the City Council at a public meeting by the fourth quarter of 2020. Professional Services Rev. April 27, 2018 12 5. Prepare draft local ordinances. Phase 1 Additional requirements and deliverable details: A. Section 1 (Fiber Reconciliation) deliverables: Working with all sources of information and data on the fiber optic network including information from the 2016 audit, reconcile the information to determine the most likely fiber path for each existing customer connection including: 1. Identification of backbone fiber splicing at each node 2. Identification of service drop splicing at each node 3. After full review of the as-built documentation and data available, create a list of all fiber connection discrepanciesor missing data as it relates to the existing network connections and routing. Any fiber testing, opening of Splice cases, trays fiber panels or proofing of conduit shall be completed by a 3rd party under a separate agreement. 4. Update GIS mapping to reflect any changes or corrections identified. Task 1. a - Perform review of as-built project files, engineering data on fiber connections, and fiber network maps to determine individual fiber usage: Execute the proposed plan by reviewing data that identifies at each node or fiber mid-split how fibers are spliced in the field 1. Identify splice assignments in each node/cable mid-split. Compare to available fiber OTDR test results for accuracy. Deliverable includes updated spreadsheet of fiber strand routing based on audit of existing data. All data listed containing discrepancies or that cannot be verified by existing data will be noted for verification by a 3rd party. 2. Identify fiber allocation data of each fiber and how it relates to connection and/or termination point. Deliverable includes audited spreadsheet of each end connection and its location. All data listed containing discrepancies or that cannot be verified by existing data will be noted for verification by a 3rd party. 3. Where information is available, identify connections by fiber tray, splice closure, etc. Task 1. b - Provide updated records to reflect audited data: Document all findings and present in formats that clearly illustrates updated audited information. 1. Provide audited high-level strand map of fiber allocation and routing – noting data discrepancies. 2. Provide audited spreadsheet of fiber allocation and assignments including name and address and service order number (if available), noting data discrepancies. 3. Provide data in a format that can be easily downloaded into CPAU’s GIS. Task 1.c – Esri GIS Platform information: Provide recommendations for Esri GIS platform that can be used by CPAU to meet fiber optic data management, project preliminary design and fiber allocation needs. B. Section 2 (high-level design and cost estimate) deliverables: Professional Services Rev. April 27, 2018 13 Consultant will prepare a high-level design and cost estimate for engineering and construction of a fiber network to support future AMI/Smart Grid/SCADA and wireless communications, making use of existing city-owned fiber optic infrastructure where feasible.1 The fiber network must support the advanced metering communications platform, backhaul for Smart Grid and SCADA communications, including ensuring security requirements for critical utility and public safety infrastructure. This high-level design and cost estimate for fiber expansion should include the layout of aerial and underground fiber routes (i.e. where fiber needs to go)2, connection points and estimated fiber counts for the AMI, Smart Grid system, SCADA system and wireless communications. The design should evaluate the integration of the existing dark fiber backbone with potential service point locations for AMI collectors (approximately 10 to 20 access points), possible electric distribution system SCADA equipment (approximately 100 to 200 switches), and identification of potential locations for wireless access points on wood utility poles, streetlight poles and other City-owned structures and properties.3 This high-level design and cost estimate should also include the layout and use of repurposed abandoned gas pipelines, if deemed useable/appropriate. This high-level design and cost estimates should also include wireless communication options for the City’s Office of Emergency Services, Fire and Police Departments, Public Works and Utilities, along with remote monitoring of critical infrastructure in the Palo Alto foothills and railroad crossings, in addition to support of future Smart City applications or other City uses such as traffic and parking sensors, streetlight controls, and microgrid controls. C. Section 3 (expansion option) deliverables: In anticipation of the work in Phase 3 of the City’s fiber expansion plan (business case and high-level design for fiber-to-the-premises), the Phase 1 design and cost estimate must consider and incorporate design, layout, equipment and pathways to support the City’s long-term goal to build a citywide FTTP network (i.e. node placement, cable quantities, construction methods, pole loading calculations, system topology, etc.). If the City proceeds with Phase 3, the Consultant would be expected to prepare an additional high- level cost estimate of the incremental cost to construct an FTTP network as an expansion of the fiber network for AMI implementation, SCADA and wireless communications for Public Safety, Utilities and Public Works field staff. Under a non-disclosure agreement, the City will provide key infrastructure data to prepare this Phase 1 estimate as listed below: ● Addresses ● Streets ● Right of way easements 1 The City’s existing dark optical fiber backbone is 49-route miles of mostly 144- or 288- count single-mode fiber, primarily located in downtown Palo Alto and several business parks (e.g. Stanford Business Park). A fiber optic backbone map will be provided to the selected consultant(s). 2 The high-level network design should consider the possibility of using abandoned gas pipelines for fiber routes. Abandoned gas pipelines were not considered in the City’s 2015 Fiber-to-the-Premises Master Plan (58 percent of Palo Alto has abandoned gas pipes in residential neighborhoods and commercial zones). 3 The City issued an RFP for a Public Safety Wireless Mobile Network in 2017. This RFP was for a “proof of concept pilot” and no bids were received. Elements of this RFP may provide relevant information for the placement of fiber- connected wireless access points. Professional Services Rev. April 27, 2018 14 ● City boundaries ● Parcels or lot lines ● Utility poles ● Streetlight poles ● Overhead strand (guys and anchors): City-owned, operated or controlled ● Existing underground utility routes ● Abandoned natural gas pipelines ● Overlay of existing underground and abandoned natural gas pipelines with existing fiber network ● Manholes ● Pavement Condition Index score by street ● Zoning ● Building footprint ● Existing spare conduit available ● Existing dark fiber available ● Infrastructure maintenance plan (road and power) ● Potential Central Office/Hut/Cabinet sites by address D. Section 5 (Local Ordinances) deliverables: a) Prepare draft ordinances as directed by City staff with the intention of reducing construction costs and implementation time associated with a fiber network expansion. Potential ordinances may include: ● Dig Once ▪ Include a review of existing City of Palo Alto Municipal Code provisions governing Third Party Coordination in the Public Rights-of-way and Joint Trench Coordination in Underground Districts ● One Touch Make Ready ● Multi-unit Housing Access ● Microtrenching (the inclusion of microtrenching in a draft ordinance will depend on the outcome of the evaluation of construction methods in consultation with the Public Works and Utilities Departments); b) Consultant will prepare draft ordinances for review and comment by staff in the City Attorney’s office, allocating sufficient time for editing and revision based on attorney comments. Draft ordinances must be suitable for adoption by the City Council, meaning that they work in concert with the City’s infrastructure, municipal code requirements, and network buildout needs. Professional Services Rev. April 27, 2018 15 EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed. Milestones Completion No. of Days/Weeks From NTP 1. Task 1 – Asset Assessment & FMS Guidance 7-9 weeks 2. Task 2 – High Level Design 4-6 weeks 3. Task 3 – High Level Costs Estimate 2-3 weeks 4. Task 4 – Report, Presentation & Approval Process 1-2 weeks 5. Task 5 – Draft Local Ordinances 2-4 weeks Professional Services Rev. April 27, 2018 16 EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set forth below. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, does not exceed $193,192 and the total compensation for Additional Services does not exceed $19,319. BUDGET SCHEDULE NOT TO EXCEED AMOUNT Phase 1 Task 1 $74,760 • Working with all sources of information and data on the fiber optic network including information from the 2016 audit, reconcile the information to: a. Perform a review of as-built project files, engineering data on fiber connections, and fiber network maps to determine individual fiber usage. b. Provide updated records to reflect audited data. c. Provide recommendations for ESRI GIS Platform information. d. Provide advice on the appropriate Fiber Management System (FMS) for the City. Task 2 $49,350 • Prepare a high-level design and cost estimate of a fiber optic communication system for AMI, SCADA, and wireless communications for Public Safety, Public Works and Utilities field staff. Task 3 $16,800 • Prepare a high-level cost estimate for an expansion option that is scalable to build a citywide FTTP network. Task 4 $10,500 • Prepare a final report for this phase that will include presentations by the selected consultant(s) before the Utilities Advisory Commission (UAC) by the third quarter of 2020 and for the City Council at a public meeting by the fourth quarter of 2020. Task 5 $28,350 • Draft local ordinances. Professional Services Rev. April 27, 2018 17 Sub-total Basic Services $179,760 Reimbursable Expenses $13,432 Total Basic Services and Reimbursable expenses $193,192 Additional Services (Not to Exceed) $19,319 Maximum Total Compensation $212,511 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: Travel A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees. All requests for payment of expenses shall be accompanied by appropriate backup information. All expenses shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. : Professional Services Rev. April 27, 2018 18 EXHIBIT “C-1” SCHEDULE OF RATES Hourly Rate for Additional Services Job Categories Hourly Rate Project Executive $210.00 Sr. Consultant $210.00 OSP Design Management $210.00 Broadband Designers $210.00 GIS Technicians $210.00 Construction Management $210.00 Professional Services Rev. April 27, 2018 19 EXHIBIT “D” INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL Professional Services Rev. April 27, 2018 20 NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. VENDORS ARE REQUIRED TO FILE THEIR EVIDENCE OF INSURANCE AND ANY OTHER RELATED NOTICES WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569 OR HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP CITY OF PALO ALTO OFFICE OF THE CITY CLERK June 1, 2020 The Honorable City Council Palo Alto, California SECOND READING: Adoption of an Ordinance Amending Title 12 of the Palo Alto Municipal Code to Set a 120-Day Statute of Limitations for Challenges to the City’s Water Service Rates, Wastewater Collection and Disposal Rates, Refuse Rates, Storm Water Management Fees, and Fiber Licensing Service Rates (FIRST READING: May 18, 2020 PASSED: 6-1 Tanaka no) This was first heard by the City Council on May 18, 2020 and is now before the Council for the second reading. It passed with no changes on May 18, 2020 with a 6-1 vote, Tanaka no. ATTACHMENTS: • Attachment A: Ordinance Water, Wastewater, Refuse, and Fiber Rates Statute of Limitations (PDF) Department Head: Beth Minor, City Clerk Page 2 *Yet To Be Passed* 6055264 Ordinance No._____ Ordinance of the Council of the City of Palo Alto Amending Section 12.20.030 (Statute of Limitations for Challenges to Gas Rates) of Chapter 12.20 (Utility Rules and Regulations) of the Palo Alto Municipal Code to Set a 120-Day Statute of Limitations for Challenges to Water Service Rates, Wastewater Collection and Disposal Rates, Refuse Rates, Storm Water Management Fees, and Fiber Licensing Service Rates The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. A statute of limitations for challenges to water service rates, wastewater collection and disposal rates, refuse rates, storm water management fees, and fiber licensing service rates aims to balance the interests of the City of Palo Alto (“City”) with the interests of City of Palo Alto Utilities Customers (“Customers”), by allowing Customers to bring challenges within a reasonable, but limited, period of time. B. Without a statute of limitations, Customers may argue that they are able to request a refund years after a charge has been collected, making it difficult for the City of Palo Alto Utilities and Public Works Departments to maintain the stable budget necessary to operate effectively, while keeping rates as low as possible. C. By establishing a reasonable period of time beyond which the City will not face exposure to challenges to the validity of water service rates, wastewater collection and disposal rates, refuse rates, storm water management fees, and fiber licensing service rates, a statute of limitations minimizes the fiscal uncertainty that results when there is no clearly established closure on such challenges, and provides clear guidance to customers considering a challenge. D. The California State Legislature enacted a similar 120-day statute of limitations for challenges to electric rates or charges in 2000, which is codified in Public Utilities Code Section 10004.5. This rule applies to electric rate challenges in Palo Alto. E. Because the Legislature did not enact a similar statute of limitations for challenges to gas rates or charges, on May 20, 2019, Council adopted an ordinance enacting its own statute of limitations for challenges to gas rates or charges. F. It is incumbent upon the City of Palo Alto to similarly enact its own statute of limitations for challenges to water service rates, wastewater collection and disposal rates, refuse rates, storm water management fees, and fiber licensing service rates, which reflects the same public policy concerns underlying Public Utilities Code Section 10004.5. *Yet To Be Passed* 6055264 SECTION 2. Section 12.20.030 (Statute of Limitations for Challenges to Gas Rates) of Chapter 12.20 (Utility Rules and Regulations) is hereby amended to read as follows (amendments underlined): 12.20.030 Statute of Limitations for Challenges to Gas Rates, Water Service Rates, Wastewater Collection and Disposal Rates, Refuse Rates, Storm Water Management Fees and Fiber Licensing Service Rates. Any judicial action or proceeding against the City, to attack, review, set aside, void, or annul an ordinance, resolution, or motion fixing or changing a rate or charge for: a) a gas commodity or a gas service furnished by city and adopted on or after June 1, 2019, or b) for water services, wastewater collection and disposal, refuse, storm water management, or fiber licensing services furnished by city and adopted on or after June 1, 2020 shall be commenced within 120 days of the effective date of that ordinance, resolution, or motion. SECTION 3. If any section, subsection, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the ordinance. The Council hereby declares that it should have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 4. The Council finds that the adoption of this ordinance setting a statute of limitations for challenges to water service rates, wastewater collection and disposal rates, refuse rates, storm water management fees, and fiber licensing service rates does not meet the definition of a project under Public Resources Code section 21065, therefore California Environmental Quality Act (“CEQA”) review is not required. // // // // // // // // *Yet To Be Passed* 6055264 // SECTION 5. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Assistant City Attorney City Manager Director of Utilities City of Palo Alto (ID # 11382) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/1/2020 City of Palo Alto Page 1 Summary Title: Authorize the City Manager to Implement a Retirement Incentive Program Title: Authorize the City Manager or Designee to Implement a Retirement Incentive Program With a One-time Incentive for Sworn Personnel to Retire Early to Assist in Preventing the Layoff of Police Officers and Firefighter From: City Manager Lead Department: Human Resources Recommendation Staff recommends that Council authorize the City Manager or his designee to implement the attached retirement incentive program and make any administrative changes where needed that do not substantially alter the cost or intent of the program. Executive Summary As the City of Palo Alto confronts the global COVID-19 pandemic and its economic impact on our economy, staff is exploring a variety of avenues to ensure our continued provision of critical services to our community. As the City of Palo Alto works to bridge a projected $39 million revenue shortfall there are no easy decisions. Every aspect of our organization is impacted by this sudden and precipitous drop in revenue. This revenue shortfall has led to the need to eliminate 21 sworn (e.g. police officer and firefighter) positions. Of those positions identified for elimination, 16 are filled positions within our Police and Fire Departments. The Administration will do our best to utilize existing vacancies to place displaced employees; however, it is expected at minimum 14 would be subject to separation. The establishment of a retirement incentive program can aid in eliminating the need to layoff newly hired police and fire personnel, saving the city both the investment already made into these employees and the cost associated with future recruitments. Background The City invests hundreds of thousands of dollars to recruit, screen and select new Police Officers and Firefighters. The effort to hire and train sworn personnel is time-intensive and critical to ensuring the continuity of services for the future. Due to significant revenue losses City of Palo Alto Page 2 and negative impacts from the COVID-19 pandemic, the most recently hired Police Officers and Firefighters are now subject to layoff in the FY 2021 budget that is currently being finalized. Given these circumstances, the City may establish a Retirement Incentive Program for sworn personnel who wish to assist their department to avoid the layoff of newly hired Police Officers and Firefighters. Sworn personnel choosing to retire will be provided a retirement incentive in the form of a one- time lump-sum cash payment. This incentive mitigates the exiting employee’s loss in earnings and overtime by retiring sooner than their personal circumstances would otherwise dictate. The City is deeply grateful to the more senior sworn personnel for considering an early exit to avoid layoffs. By participating in this program, the City’s investment in recruiting and training new personnel will be protected and the Palo Alto community benefits from the knowledge and familiarity gained by these individuals. This voluntary program aligns to the overall budget balancing strategy, by limiting the number of retirement incentives to the number of filled positions currently being recommended for elimination. The City has an opportunity at this moment in time, to aid in the natural succession of the organization and to achieve position eliminations through attrition. In order to achieve layoffs through attrition, the incentive program is targeted specifically at retirement eligible employees. Staff have met and conferred with the impacted labor groups and reached agreement with the Palo Alto Peace Officers Association (PAPAO) and the International Association of Fire Fighters Local 1319 (IAFF) to offer this retirement incentive. Resource Impact This voluntary program is capped at 16 participants which is equal to the number of filled positions that have been identified for layoff. The estimated maximum cost of this program is $480,000 in one time funds that still need to be identified through the FY 2021 budget process as the current FY 2021 proposed budget does not contemplate these costs. Policy Implications Approval of the recommendation is consistent with the Council’s labor guiding principles and authority received. Stakeholder Engagement Staff met and confered with the impacted labor unions and reached agreement to offer this retirement incentive. Environmental Review Not Applicable. City of Palo Alto Page 3 Attachments: • Attachment A: Retirement Incentive Program Sworn June 1, 2020 Retirement Incentive Program for Sworn Personnel to Avoid Layoffs of Newly Hired Police Officers and Firefighters 1. Background and Purpose The City invests hundreds of thousands of dollars to recruit, screen and select new Police Officers and Firefighters. The effort to hire and train sworn personnel is time-intensive and critical to ensuring the continuity of services for the future. Due to significant revenue losses and negative impacts from the COVID-19 pandemic, the most recently hired Police Officers and Firefighters are now targeted for layoff in the FY 2021 budget. Given these circumstances, the City has established a Retirement incentive Program for sworn personnel who wish to assist their department to avoid the layoff of newly hired Police Officers and Firefighters. Sworn personnel choosing a retirement incentive will be provided a recognition award in the form of a one-time lump-sum cash payment. The recognition award mitigates the exiting employee’s loss in earnings and overtime from the retirement incentive. The organization is deeply grateful to the more senior sworn personnel for considering a retirement incentive to avoid layoffs. By participating in this program, the City’s investment in recruiting and training new personnel will be protected and allowed to continue. 2. Program Eligibility and Conditions 2.1 This program is for full-time sworn Police or Fire personnel who are eligible for retirement. 2.2 A one-time recognition award of $30,000 is provided as a lump-sum award. This amount will not contribute toward pensionable earnings and shall not otherwise be deemed as final compensation for retirement calculation purposes. 2.3 Employees must have submitted notice of retirement through a Retirement incentive Agreement and have a retirement date on or before July 31, 2020. 2.4 Leave balances and other payouts are cashed out at rates established in applicable MOUs and standard payroll policies. 2.5 The employee is responsible for consulting their own financial planner, tax advisor or attorney as to potential tax or other consequences of the early separation and recognition award. 2.6 Applicants must voluntarily accept and sign a Retirement incentive Agreement that contains a release of all employment rights and claims. 2.7 The City Manager is responsible for administration and application of process, timelines and details of the program and reserves the right to terminate the program at any time. City of Palo Alto MEMORANDUM To: City Council From: Councilmember Eric Filseth, City Auditor RFP Ad Hoc Subcommittee Date: June 1, 2020 SUBJECT: Council Appointed Officers Committee Recommendation to Reject Proposals Received in Response to the Internal Auditor Services Request for Proposals (RFP) Executive Summary Per City Council direction, the City successfully released a request for proposals for internal auditing services and six proposals were received. However, all of the proposals had defects and four were determined to be non-responsive. It is recommended that all proposals be rejected in accordance with Municipal Code requirements and that the request for proposals be released again pursuant to a new schedule resulting in contract approval by the end of August. Background On February 10, 2020, the City Council unanimously requested the Council Appointed Officers Committee (CAO Committee) to initiate a request for proposals (RFP) process to engage an outside firm to provide internal auditor services for the City of Palo Alto. The RFP was released as scheduled on April 21, 2020. On May 4, 2020, the City Council unanimously approved an RFP evaluation process and schedule as recommended by the Council Appointed Officers Committee. On May 15, 2020, six proposals were received for providing internal auditing services to the City of Palo Alto, and an RFP Evaluation Team was established consisting of Councilmember Eric Filseth as the Ad Hoc City Auditor RFP Subcommittee, former Councilmember and Mayor Larry Klein as the CAO Committee Chair appointee, and Greg Larson, a consultant with Management Partners supporting the process. Discussion None of the submitted proposals included all of the information required by the RFP instructions. In addition, four of the proposals were determined to be non-responsive for failure to list current and prior litigation per the City’s standard RFP requirement. The failure of sufficient proposals to fully meet the City’s purchasing standards can likely be attributed to: 1) The short time frame to submit proposals for a unique array of services; 2) The COVID 19 pandemic that was erupting during the proposal period; and, 3) Disclosure requirements intended to protect the City that may have been problematic for some of the proposers. Consequently, both Management Partners and the City Attorney’s Office recommended to the CAO Committee that all proposals be rejected and that the RFP be reissued, with modifications, to ensure a fully competitive process for the provision of outsourced internal auditing services for the City of Palo Alto. On May 26, 2020, the CAO Committee unanimously approved recommending to the City Council that all proposals be rejected. If the City Council approves rejecting all proposals, the RFP will be reissued as recommended below. Management Partners is contacting all six proposers to inform them of the recommended action and to identify potential changes to the RFP that might encourage fully compliant proposals without undermining the City’s commitment to a thorough RFP process that ensures disclosure of potentially relevant legal actions, reliable evidence of financial stability, and pricing presentations in the required format. All other aspects of the RFP itself and the RFP evaluation process would remain consistent with prior CAO Committee and City Council direction. Revised Timeline Pending City Council approval of the CAO Committee’s recommendation to reject all proposals and reissue the RFP, the revised RFP process would be as follows, subject to CAO Committee and City Council availability to meet during the summer break: June 1 City Council consideration of rejecting all proposals June 8 Reissue the RFP, with modifications July 10 Submittal of proposals July 21 CAO Committee reviews proposal ratings and selects finalist(s) July 28 CAO Committee interviews finalist(s) July 29 or Aug. 3 City Council interviews City Auditor candidates August 17 City Council consideration of contract for services August 24 Special City Council meeting, if needed, for Council action September 1 Commencement of delivery of internal auditing services It is recommended that this schedule be established by the CAO Committee so that the Committee may modify the schedule as necessary to meet City noticing requirements and Council availability. Rev. 11/07 Stakeholder Engagement This work has been based on extensive prior discussion and direction from the City Council during public meetings and overseen by the Council Appointed Officers Committee which has also met in public meetings. Environmental Review This action is exempt from CEQA and requires no further environmental review. Eric Filseth City of Palo Alto (ID # 11184) City Council Staff Report Report Type: Action Items Meeting Date: 6/1/2020 City of Palo Alto Page 1 Summary Title: Newell Road Bridge Replacement Project Title: PUBLIC HEARING/QUASI-JUDICIAL. Newell Road Bridge Replacement Project [19PLN-00130]: Adoption and Approval of: (1) a Resolution Certifying the Final Environmental Impact Report and Adopting Findings, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program Pursuant to the California Environmental Quality Act for the Project; (2) a Record of Land Use Action Approving an Architectural Review Application [File 19PLN-00130] for Demolition of a Two-way Bridge on Newell Road Between Woodland Avenue in East Palo Alto and Edgewood Drive in Palo Alto and Construction of a new Bridge Along the Same Alignment That Meets Caltrans Standards for Multi-modal Access; and (3) Approval of Amendment Number 3 to Contract C12142825 with NV5, Inc., to Extend the Term for Design Services for Newell Road/San Francisquito Creek Bridge Replacement Project (PE 12011). From: City Manager Lead Department: Planning and Development Services Recommendation Staff recommends that Palo Alto City Council take the following actions regarding the Newell Road/San Francisquito Creek Bridge Replacement Project, Capital Improvement Program Project PE-12011: 1.Adopt the Resolution certifying an Environmental Impact Report for the Newell Road/San Francisquito Creek Bridge Replacement Project (Attachment B), making the required findings, and adopting a statement of overriding considerations and a Mitigation Monitoring and Reporting Plan (Exhibit A of Attachment C), all in accordance with the California Environmental Quality Act (CEQA); 2.Approve the Record of Land Use Action (Attachment C) approving the proposed Architectural Review application based on the findings and subject to conditions of approval; and City of Palo Alto Page 2 3. Approve and authorize the City Manager or his designee to execute Amendment No. 3 to Contract No. C12142825 with NV5, Inc. (Attachment D) to update the Schedule of Performance and extend the contract time to December 2021 to complete the design phase of the Project. Executive Summary The City of Palo Alto’s Public Works Engineering Services Division requests approval of an Architectural Review application. The project is the replacement of the existing Newell Road Bridge, which crosses San Francisquito Creek at Newell Road, with a new bridge along the same alignment. The project will improve flood control and accommodate multi-modal transportation, consistent with current California Department of Transportation (Caltrans) design standards. The requested actions will allow the City of Palo Alto’s Public Works Engineering Services Division and Caltrans to proceed with final engineering design and bidding of the construction contract. The project is primarily funded through the Highway Bridge Program grant, a federally funded program of the Federal Highway Administration (FHA) administered by Caltrans in the State of California. The project is therefore subject to review under both the federal National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). The City of Palo Alto and Caltrans as the lead agencies under CEQA and NEPA, respectively, prepared a Draft Environmental Impact Report/Environmental Assessment (EIR/EA) for the Newell Road/San Francisquito Creek Bridge Replacement Project. The Draft EIR/EA was circulated for public review from May 31, 2019 through July 30, 2019. The City and Caltrans published the Final EIR/EA on April 24, 2020. For the purposes of both CEQA and NEPA, the Draft EIR/EA described in detail a full project description and impacts associated with the No Build Alternative as well as four potential build alternatives. These alternatives are discussed further in this report. The EIR/EA identifies Alternative 2 as the proposed project and environmentally superior alternative for the purposes of CEQA and NEPA. A map showing the location of the proposed project is included in Attachment A. The link to the environmental analysis and project plans is provided in Attachment E. The project plans reflect Alternative 2; however, for informational purposes, site plans for the three other build alternatives are also provided as a reference in the plan set. The materials and type of bridge proposed would be similar under all build alternatives. Staff also seeks Council approval of a contract amendment with NV5, Inc. for additional time to complete the design phase of the project. Background City of Palo Alto Page 3 Constructed in 1911, the Newell Road bridge is a 76-foot-long, reinforced concrete girder structure spanning 22 feet in width and measuring 18 feet curb to curb. The existing bridge does not comply with the following geometric design standards; therefore, Caltrans deemed it functionally obsolete and added the bridge to the Federal Statewide Transportation Improvement Program (FTIP) in 2011: • Roadway Section—The standard minimum width configuration is two 11-foot wide lanes plus separate 5-foot bicycle lanes (16’ per lane, 32’ total) or two 14-foot “sharrow” lanes that serve as shared bicycle/vehicle lanes (14’ per lane, 28’ total). The existing bridge functions as a two-lane bridge, but only has a curb to curb width of 18 feet (where a minimum 22 feet for vehicle access is the current standard, the Office of Transportation can support reducing the traffic lanes to 10-feet wide based on the overall length of the bridge). • Vertical Alignment—Current standards require smooth, gradual vertical curves between grade differences. The existing bridge approach has a steep grade (up to seven percent) that reduces the length of roadway a driver can see entering or leaving the bridge and reduces the response time for drivers to respond to conditions in front of their vehicle. • Stopping Sight Distance—At the intersection of Newell Road and Woodland Avenue, the sight distance is limited by the overgrown landscaping, existing bridge barriers and flood walls. In May 2019, staff provided an informational update on the Project to Council (CMR #9819) that included a summary of early community engagement meetings, project milestones, and Council actions related to the Newell Road Bridge Project since July 2011. Staff also provided an informational update to the San Francisquito Creek Joint Powers Authority (SFCJPA) Board on June 27, 2019 and to the East Palo Alto City Council on July 17, 2019. Planning and Transportation Commission Planning and Transportation Commission (PTC) review is not required for Architectural Review applications. However, given the nature of the project, the City and Caltrans held a hearing with the PTC on June 12, 2019 during the Draft EIR/EA circulation period.1 The goal was to obtain feedback on the proposed design, environmental analysis, and selected alternative. In a 6-1 vote the PTC expressed overall support for Alternative 2 and requested inclusion of additional bicycle and pedestrian traffic information, if available.2 In addition, some commissioners commented on various components of the environmental analysis, including the alternatives analysis, traffic (for all modes of transportation), and noise. A transcript of this hearing (Transcript T-1) is included in the Response to Comments, which is Appendix F to the Final EIR in 1 PTC hearing staff report, June 12, 2019: https://tinyurl.com/Newell-PTC-SR 2 Action Minutes, PTC hearing June 12, 2019: https://tinyurl.com/June-12-2019-PTC-Minutes City of Palo Alto Page 4 Attachment E. The Responses to Comments includes formal responses to all comments raised on the EIR/EA at this hearing by commissioners and members of the public. Architectural Review Board The City and Caltrans held an ARB hearing on July 18, 2019 during the Draft EIR/EA circulation period to obtain feedback on the proposed design, environmental analysis, and selected alternative.3 During the hearing, members of the ARB generally expressed their support for the proposed Alternative. The ARB also requested that staff further consider bicycle and pedestrian safety, provide more information on the proposed landscaping, and consider adding a small plaque to the bridge. The board unanimously continued the project to a date uncertain. Members of the board and the public also provided several comments related to the EIR, primarily with respect to aesthetics. A transcript of this hearing (Transcript T-4) is included in the response to comments, which is Appendix F to the Final EIR in Attachment E. Formal responses to all comments raised at this hearing on the EIR/EA by board members and members of the public are included in the response to comments. The City and Caltrans returned to the Architectural Review Board on May 7, 2020.4 At this hearing the ARB unanimously recommended approval (5-0) of the Architectural Review application to Council based on the Architectural review findings and conditions of approval included in the Record of Land Use Action (RLUA) in Attachment C.5 Design Contract On July 11, 2011, Council approved a budget appropriation for a new capital improvement project to replace the Newell Road bridge and authorized City staff to accept Caltrans Highway Bridge Program (HBP) grant funds to pay for the majority of project costs (CMR #1810). On April 9, 2012, Council approved Contract No. C12142825 with Nolte Associates, Inc., for the design and environmental assessment of the replacement bridge (Nolte Associates, Inc. has since changed its corporate name to NV5, Inc.). Council also approved a cost share agreement with the Santa Clara Valley Water District (Valley Water) which provides the local match contribution required by the Caltrans HBP grant (CMR #2501). On June 3, 2013, Council approved Amendment No. 1 to the contract with NV5, Inc. to conduct an alternatives analysis and associated traffic study to evaluate and select feasible project alternatives for inclusion in the Environmental Impact Report (EIR) review process (CMR #3599). On April 13, 2015, Council approved Amendment No. 2 with NV5, Inc. to prepare an EIR for a total contract not to exceed amount of $1,354,177. Changes to the NV5, Inc. scope and fee were approved by both Caltrans and Valley Water with contributions of $1,040,058 and 3 ARB Study Session Staff Report; July 18, 2019: https://tinyurl.com/Newell-ARB-SR 4 ARB Formal Hearing Staff Report; May 7, 2020: https://tinyurl.com/May-7-2020-ARB-Staff-Report 5 Video of the ARB Hearing; May 7, 2020: https://tinyurl.com/May-7-2020-ARB-Hearing-Video City of Palo Alto Page 5 $314,119, respectively (CMR #5549). These funds were for the following tasks: project management, environment clearance documents, survey, location hydraulic study/bridge hydraulic report, preliminary engineering and type selection, final design, Plans, Specifications, and Estimate (PS&E) development, and regulatory agency permitting. However, several tasks including project management, environmental clearance documents, final design, PS&E development, and regulatory agency permitting have not been completed. Discussion The project includes modifications to a bridge and City streets within the public right-of-way. Therefore, it is not subject to zoning and land use restrictions for any specific zone district or land use designation. However, the project was evaluated to ensure the design meets the intent and objectives of the Municipal Code and is consistent with the Comprehensive Plan, the Bicycle and Pedestrian Transportation Plan, and other City policies. Project Description The new bridge would be concrete with a small steel rail along the top of the bridge barriers. It would be designed to meet Caltrans standards for vehicle and multi-modal access, providing safer access across the bridge for all modes of transportation. Also, as of October 2019, all new bridges must comply with Caltrans’ Manual for Assessing Safety Hardware (MASH). The proposed bridge barriers are designed to comply with this Caltrans requirement and include approved roadside safety hardware. The existing abutments that encroach into the creek bank would be removed and new supports would be placed outside the channel. The bridge would be raised approximately 1.5 feet to allow for greater flow capacity beneath the bridge. This would reduce the potential for flooding during larger storm events. Portions of Newell Road in both Palo Alto and East Palo Alto as well as a portion of Woodland Road in East Palo Alto would also be raised. This would enable these roads to meet the higher bridge profile and eliminate the existing steep grade and sight distance barriers. To accommodate the raised roadway, retaining walls varying between 1 foot and 4.7 feet in height would be installed along the north side of Woodland Avenue and both sides of Newell Road under all build alternatives. The existing flood wall south of the bridge and along Woodland Avenue would remain to support the raised roadway. These retaining walls would be located at the back of the sidewalk between private property and the public right-of-way, visible primarily from the adjacent properties. The retaining walls would be level with the sidewalk as viewed from the public right-of-way. Three-foot-tall steel handrails would be placed on top of the retaining walls and would be visible from the street and sidewalk. City of Palo Alto Page 6 Landscaping proposed within the public right-of-way is shown on the Tree Planting Plan in the plan sets in Attachment E. Replacement landscaping on private property is planned. The ultimate landscape design will be determined in coordination with the property owners, based on what is actually removed or damaged due to construction. Neighborhood Setting and Character The proposed project is in an area characterized by low density residential on the southwest side of San Francisquito Creek within the City of Palo Alto and high density residential on the northeast side of San Francisquito Creek within the City of East Palo Alto. Consistency with the Comprehensive Plan, Area Plans and Guidelines6 The Comprehensive Plan includes Goals, Policies, and Programs that guide the physical form of the City. The Comprehensive Plan land use designation for the project site is single-family residential for portions of the project within Palo Alto. The single-family residential land use designation applies to residential neighborhoods primarily characterized by detached single- family homes, typically with one dwelling unit on each lot where population densities range from 1 to 30 person per acre. A detailed review of the project’s consistency with goals and policies outlined in the Comprehensive Plan is provided in Attachment C. The project is consistent with the relevant policies in the Comprehensive Plan and therefore fulfills the goals of the Plan. Zoning Compliance7 As noted above, infrastructure work located within the public right-of-way would not be subject to the restrictions of a specific zoning designation. Adjacent residences within the City of Palo Alto are zoned single-family residential (R-1[10,000]). Adjacent residences within the City of East Palo Alto are zoned Multiple Family High Density Residential (R-HD-5). Work on these private properties would include minor changes to accommodate the raised roadway and associated retaining walls. The proposed modifications on these properties would not affect compliance with zoning requirements on any of these properties. The project overall would not conflict with any requirements of the Zoning Ordinances in either Palo Alto or East Palo Alto. Multi-Modal Access & Parking As discussed in Attachment C, the proposed project is consistent with the Bicycle and Pedestrian Transportation Plan (BPTP), as summarized in the findings in Attachment C. Specifically, the project is designed to improve multi-modal transportation, planning for usage of the roadway space by all users, including motor vehicles, bicyclists, and pedestrians. This is 6 The Palo Alto Comprehensive Plan is available online: http://www.cityofpaloalto.org/gov/topics/projects/landuse/compplan.asp 7 The Palo Alto Zoning Code is available online: http://www.amlegal.com/codes/client/palo-alto_ca City of Palo Alto Page 7 consistent with Policy T-5 of the BPTP. The project also resolves the steep grade separation between the bridge and adjacent roadways, which currently reduces line of sight when entering and leaving the bridge. The project is not located on a Safe Routes to School path. Striping There are two proposed options for striping the multi-modal access on the bridge. Option A would revise the curb-to-curb from 18 feet to 28 feet, including a 10-foot vehicle lane and four- foot shoulder/bicycle lane in each direction. Option A would accommodate Caltrans requirements for vehicle lanes as well as bicycle access. Sharrows would be painted within the 10-foot vehicle lanes to allow for shared pedestrian/bicycle use. In addition, five-foot wide raised sidewalks would be added on each side of the bridge for pedestrians. Option B would increase the curb-to-curb width from 18 feet to 20 feet to accommodate two 10-foot wide vehicle lanes, and would include a nine-foot wide, raised bicycle and pedestrian shared-use path on each side of the bridge. The City of Palo Alto Office of Transportation and City of East Palo Alto’s Public Works Department recommend approval of Option A. Option A is a more common design and would integrate better with the existing bicycle lane along Newell Road in Palo Alto. Option A would provide continuity to the sharrows on Newell Road in East Palo Alto and a better connection to planned future bicycle lanes along Woodland Avenue in East Palo Alto. Parking Parking near the Project site consists of approximately 27 unmarked on-street parking spots along Woodland Avenue and Newell Road on the East Palo Alto side of San Francisquito Creek. Construction activities would not affect street parking in Palo Alto because parking is not permitted along Newell Road within the proposed work area in Palo Alto. Because on-street parking would be unavailable along a portion of Woodland Avenue in the City of East Palo Alto during construction, residents of the multi-family developments along Woodland Avenue and Newell Road may have to park farther away than they typically do during construction. The construction zone could be established so that limited parking could be made available in the area during off hours and to maintain the maximum amount of existing parking available in the Project area. Minimization Measures are identified in the EIR/EA. These require preparation and implementation of a Traffic Management Plan (TMP) during construction. The TMP includes a provision requiring public noticing of construction activities, traffic control implementation, signage, property and business access, parking, and safety during construction. Upon completion of construction, access between the neighborhoods on either side of San Francisquito Creek would be improved. Permanent on-street parking impacts would consist of the loss of one space under all of the build alternatives due to the new pedestrian sidewalk along the bridge approach on Woodland Avenue. City of Palo Alto Page 8 Encroachment Permits and Access Easements The project will require encroachment permits from East Palo Alto and Santa Clara Valley Water District for work in the public right-of-way, or within the creek. Temporary and permanent access easements will be needed from private property owners. These are summarized in Table 1-3, Permanent ROW Acquisitions and Temporary Easements, of the Final EIR. A maintenance agreement for long-term maintenance of the bridge and associated improvements is also necessary. Condition of Approval (COA) 6 in the RLUA in Attachment C requires these agreements to be obtained prior to issuance of building permits or prior to final inspection, depending on the nature of the easement or acquisition. The need for these easements has been discussed with all applicable property owners throughout this public process. Contract Amendment There have been unforeseeable project delays since 2013. For example, the EIR for the Newell Road Bridge Project was revised to reflect new downstream conditions following the completion of the SFCJPA’s Downstream of Highway 101 project in January 2019. In addition, community engagement with the public and coordination with other agencies took longer than anticipated, delaying the completion of technical studies. Therefore, staff requests that Council authorize the City Manager or his designee to execute Amendment No. 3 to Contract No. C12142825 with NV5, Inc. (Attachment D) to Update the Schedule of Performance and extend the contract time to December 2021 to complete the design phase of the Project. This would not result in any additional cost to the City. This contract amendment is on the City’s professional services template, which permits the City to terminate without cause/for convenience by providing written notice to the contractor. In the event the City finds itself facing a challenging budget situation, and it is determined that City resources need to be refocused elsewhere, the City can terminate for convenience. Other options include termination due to non-appropriation of funds or amending the contract to reduce the cost, for example, by reducing the scope of work. The contract may also be temporarily suspended by written notice of the City Manager. Policy Implications Please see the Discussion section above for information about consistency with the Comprehensive Plan goals and policies. A complete list of applicable goals and policies and the project’s consistency with these goals and policies is included in the RLUA (Attachment C). The EIR/EA for the Project identifies the project’s purpose and need; the stated purposes and need for the Project relate to flood control, multi-modal connections, and safety improvements. Flood Hazard Mitigation The existing Newell Road Bridge abutments encroach into the creek bed and create a flow constriction in the channel to 6,600 cubic feet per second (cfs). The project would place the City of Palo Alto Page 9 supports outside of the creek channel, thus increasing the hydraulic creek capacity in this area to 7,500 cfs. This is consistent with the Santa Clara Valley Water District’s (SCVWD) Governance Policy E-3, to provide natural flood protection for residents, business, and visitors, and associated objectives under that policy. There are also several relevant programs and policies outlined in the Safety Element of the Comprehensive Plan. These flood hazard mitigation policies and programs are noted in the RLUA (Attachment C). For example, the Safety Element includes Program S2.8.4 states “Work with East Palo Alto, Santa Clara Valley Water District and San Francisquito Creek Joint Powers Authority on efforts to increase the flows within the San Francisquito Creek. Possible solutions include replacing the City-owned Newell Road Bridge and District-owned Pope Chaucer Street Bridge.” Other relevant policies and programs relate to minimizing exposure to flood hazards by: • protecting existing development from flood events, • collaborating with agencies to work toward 100-year flood protection, and • working toward improving Palo Alto’s FEMA ratings to lower the cost of flood insurance for residents. The project was designed in collaboration with other ongoing and recently completed projects within San Francisquito Creek. The project relates to flood hazard mitigation efforts being pursued by local and regional agencies for both Palo Alto and other local jurisdictions. Specifically, the SFCJPA recently completed the San Francisquito Creek Flood Reduction, Ecosystem Restoration, and Recreation San Francisco Bay to Highway 101 Project in October 2018, which improved flood control in areas downstream of Newell Road. Those improvements were necessary before beginning construction of upstream improvements. The replacement of Newell Road bridge itself would not reduce flood hazards within the immediate vicinity of the bridge because the Pope / Chaucer Street Bridge (upstream of Newell) constricts flows to 5,400 (cfs) whereas the Newell Road Bridge currently allows the conveyance of 6,600 cfs. However, improvements to reduce flood hazards near the Pope / Chaucer Street Bridge require an increase in the creek capacity at Newell Road Bridge in advance. The SFCJPA Board of Directors certified the EIR for the Upstream of Highway 101 Project, which includes replacement of the Pope/Chaucer Street Bridge and other in-channel improvements. These improvements would increase capacity within the creek and eliminate flow constrictions upstream of Newell Road. The SFCJPA has indicated to staff that it anticipates filing an Architectural Review application soon for review and approval of those portions of the Upstream of Highway 101 Project within the City of Palo Alto’s jurisdiction. The SFCJPA’s project, and accordingly the Newell Road Bridge Project, are designed to accommodate the 70- year storm event, which is approximately equal to the 1998 flood of record. These ongoing and completed projects along San Francisquito Creek are considered baseline projects to mitigate the risk and impacts associated with flooding. These projects, including the City of Palo Alto Page 10 Newell Road/San Francisquito Creek Bridge Replacement Project, are all carefully designed so as not to preclude future improvements to the creek to accommodate the 100-year flood event. Therefore, the bridge replacement is integral to City and regional policies and goals to provide natural flood protection for residents, businesses, and visitors; preserve flood capacity; and reduce flood risks in flood-prone areas. Safety The existing Newell Road Bridge is safe in that there are no infrastructural problems associated with the bridge. In addition, there have been no accidents reported on the 400 block of Newell Road according to Palo Alto Police Department. Four accidents were reported to the East Palo Alto Police Department near the Woodland Avenue and Newell Road intersection between 2011 and 2017, which is a relatively low accident rate. However, the existing abutments for Newell Road Bridge constrict the flow of the channel, as discussed above, and this constriction cannot be removed without removing or replacing the bridge. Removal of these constrictions allows for removal of upstream constrictions that caused significant flooding incidents in 1998 and 2012, affecting nearby residents in Palo Alto and Menlo Park. As discussed above, this would improve safety for residents and businesses along San Francisquito Creek by reducing risks associated with flood. The existing bridge does not meet Caltrans’ current geometric design standards. Existing roadway deficiencies are discussed in this report’s background section. The roadways have substandard lanes and shoulder widths, lack the required vertical curves between grade differences at the bridge connection, and do not provide adequate site distance. Therefore, replacement of the bridge with a bridge that meets current design standards would improve safety for all modes of transportation. Multi-Modal Transportation The proposed project would accommodate multi-modal transportation, consistent with Comprehensive Plan policies and programs outlined in the Transportation Element, and with Bicycle and Pedestrian Transportation Plan policies. Despite the fact that there are approximately 400 daily bicycle trips and 270 daily pedestrian trips over the bridge, the existing bridge does not provide dedicated access for biyclists and pedestrians and is not Americans with Disabilities Act (ADA) compliant. The proposed project would provide multi-modal and ADA compliance access, consistent with Caltrans design standards, state requirements, and local goals and policies. The proposed sidewalk and bicycle access would be designed to connect into the existing bicycle lane and sidewalk, which currently end abruptly at the bridge approach within Palo Alto. On the East Palo Alto side it would be designed to integrate into existing sidewalks and future sharrows planned along Newell Road. Resource Impact City of Palo Alto Page 11 Design and construction of the proposed project (Alternative 2) is estimated to cost approximately $10 million. Under alternative 3 the project limits increase and under alternative 4 the limits are larger than those under alternative 3. Increasing project limits results in taller retaining walls, more creek disturbance, a longer bridge, and additional mitigation. No estimate has been determined for alternatives 3 or 4, however the increase in limits may increase the costs in a range of ten to twenty percent. Similarly, no formal estimate has been determined for Alternative 1. It is anticipated that there would be material cost savings in the range of $800,000 because the bridge would be narrower. However, the installation of nine traffic signals is anticipated to cost more than $1 million, which exceeds the presumed cost savings on material. In addition, alternative 1 requires fiber and power to serve the traffic signals, resulting in additional costs for long-term operation and maintenance in the range of $10,000-$15,000 per year. Funding Mechanisms The Newell Road Bridge Project, Capital Improvement Program Project (PE-12011) is funded by the Caltrans Highway Bridge Program grant that pays 88.53% of the design and planning for the bridge. A cost sharing agreement with Valley Water provides the local match contribution of 11.47%. The City’s Capital Improvement Program funds staff oversight of the project. Funding for the recommendations in this report is available in the Fiscal Year 2020 Newell Road/San Francisquito Creek Bridge Replacement Project (PE-12011). On August 14, 2019, staff requested additional funds from Caltrans to complete the planning entitlements and design. Valley Water was notified of the request. Public Works staff contacted Caltrans Local Assistance to check on status and learned the request was sent to Caltrans Headquarters on September 30, 2019. The City anticipates Caltrans will approve and fund the necessary adjustment. Once approved by both agencies, staff intends to bring a contract amendment to City Council in the fall of 2020 to increase the consultant’s contract budget to account for pay rate increases associated with the design of the project. The typical payment process has been to utilize City funds from the General Fund to temporarily cover the consultant’s costs. Concurrently, staff sends copies of the consultant’s invoice to Caltrans and SCVWD requesting their respective payment of 88.53 and 11.47 percent. This allows us to advance the project and Palo Alto is reimbursed for project expenses, all of which have been previously authorized by Caltrans and SCVWD and approved by Council. Based on Caltrans’ protocol, construction funds are not approved and allocated until completion of the planning entitlements, environmental review process, and right-of-way phase. Staff intends to submit the funding application to Caltrans for the 88.53 percent of the construction costs of the bridge, once the EIR is adopted and the project is approved. A separate application will be submitted to SCVWD for the 11.47 percent associated with construction costs once Caltrans approves the funds. City of Palo Alto Page 12 In the event that Caltrans does not approve the funding, or only approves partial funding, the unfunded amount would be discussed by the SFCJPA partner agencies for inclusion in the future funding agreement for the San Francisquito Creek Upstream of Highway 101 project. Timeline Following Council adoption of the CEQA document and approval of the Architectural Review application, the City would seek NEPA approval from Caltrans, the lead federal agency for the project. The City and its engineering contractor, NV5, would further the engineering design, working with wildlife and water resoure agencies for all in-creek work. The City would obtain all required permits and approvals such as: • a 404 permit from the United States Army Corps of Engineers, • a 401 permit from the Regional Water Quality Control Board, • a Streambank Alteration Agreement from California Department of Fish and Wildlife, and • all necessary temporary and permanent easements. Construction is not anticipated to begin until 2021, following receipt of applicable permits and easements. Work on the project is anticipated to take approximately a year and a half. Stakeholder Engagement The City of Palo Alto and Caltrans as the lead agencies, and the City of East Palo Alto as a responsible agency, jointly held a scoping meeting on September 3, 2015, to receive public comments from members of the public on the project. The City and Caltrans received a total of 47 public comments during this Notice of Preparation comment period, which lasted from August 12, 2015, through September 14, 2015. The scoping meeting can be viewed online at the following link: http://midpenmedia.org/newell-roadsan-francisquito-creek-bridge- replacement-project/. A summary of public comments received during the scoping period can be found on the project website; a link to the website is included in Attachment E. The main concern raised by commenters was that realigning the bridge (as proposed under Build Alternatives 3 and 4, which assess a partial and full realignment of the bridge, respectively) would result in an increase in traffic flow, speed, and bad driving behaviors; however, many commenters also said that the realignment would increase vehicle, bicycle, and pedestrian safety. Following the release of the Draft EIR/EA for this project, public hearings and community informational meetings were held on June 12, 2019; June 18, 2019; June 19, 2019; and July 18, 2019 to solicit input on the Draft EIR/EA from members of the public, the City of Palo Alto PTC, the City of Palo Alto Architectural Review Board, and East Palo Alto Public Works and Transportation Committee. Attendance at these public hearings and informational sessions City of Palo Alto Page 13 generally ranged from approximately 20 to 50 attendees. Following these hearings and meetings as well as completion of the 60-day comment period, the City and Caltrans prepared a Final EIR/EA, which includes a formal response to each of those public comments. The City and Caltrans’ formal responses to comments are included in Appendix F of the Final EIR/EA, which is included in Attachment E of this report. Comments at these hearings/meetings primarily focused on: • bicycle safety and options for striping or revising the width of the bridge to maximize safety (note that some comments recommended a narrower bridge to improve safety while others have recommended a wider bridge with dedicated bicycle lanes to improve safety); • concerns that widening the lanes would generally increase the amount of traffic crossing the bridge; and • comments expressing the importance of moving the project forward as quickly as feasible for flood control. Environmental Review The subject project has been assessed in accordance with the authority and criteria contained under CEQA, the State CEQA Guidelines, NEPA, and the environmental regulations of the City. Specifically, a Draft EIR/EA, prepared in accordance with CEQA and NEPA for the Newell Road Bridge Replacement Project, was circulated on May 31, 2019 beginning a 60-day circulation period, which ended on July 30, 2019. The City of Palo Alto and Caltrans are serving as the lead agencies in accordance with CEQA and NEPA, respectively. The CEQA conclusions for each resource area are provided in Chapter 3 of the Draft EIR/EA. The EIR/EA concluded that most impacts would either be less than significant or less than significant with the implementation of mitigation measures. However, the City and Caltrans, in coordination with subconsultant TJKM Traffic Engineers, analyzed traffic impacts associated with construction and operation of the proposed bridge. This analysis can be found on the project website, which is provided in the link in Attachment E. As summarized in Chapter 2.1.4, Transportation, as well as Chapter 3 of the EIR/EA in Attachment E, impacts associated with construction of the proposed project (when Newell Road bridge would be closed) would result in significant and unavoidable impacts. These are impacts on traffic at the University Avenue/East Crescent Drive intersection within the City of East Palo Alto. Therefore, to adopt the EIR, Council is required to make findings of overriding considerations for the proposed project. Draft findings of overriding consideration for the proposed project are provided in Attachment B. Once the bridge is constructed and Newell Road bridge is re-opened, operation of any of the proposed build alternatives would result in less-than-significant impacts. The City conducted a Level of Service (LOS) analysis; the analysis determined that the proposed project would have City of Palo Alto Page 14 minimal or no effect on level of service (no change or less than 0.1 seconds change in delay) in comparison to the No Build Alternative (leaving the bridge as is). In some cases, the project would improve operations at nearby intersections; however, the improvement would be so marginal that it is not anticipated to cause an increase in traffic through this area. A Traffic Infusion on Residential Environment (TIRE) analysis was conducted to determine whether the proposed project would result in additional traffic being diverted through these residential streets. The analysis concluded that under the 2020 and 2040 scenario, the project would not result in any change to the TIRE index of any of the adjacent streets, including nearby segments of Edgewood Drive, Newell Road, and Woodland Avenue (i.e. the number of trips being re- routed through this area would not noticeably decrease or increase in comparison to the no- build alternative). Alternatives Evaluated The environmental analysis provides a full project description and describes impacts associated with the No Build Alternative as well as four potential build alternatives, including the proposed project (Alternative 2). Other Alternatives that were considered include: ⚫ Build Alternative 1: A one-lane bridge with two-way traffic (under signal control) on the existing alignment of Newell Road ⚫ Build Alternative 3: A two-lane bridge on a partial realignment (offset) of Newell Road with stop control (stop signs). ⚫ Build Alternative 4: A two-lane bridge on a full realignment (offset) of Newell Road. Under all of these alternatives, except the No Build Alternative, the new bridge and portions of Newell Road and Woodland Avenue would be raised. Retaining walls would also be required under all build alternatives, though under some alternatives the required height or length of retaining walls would increase. Other Alternatives would differ from the proposed project as follows: Build Alternative 1 Under Build Alternative 1, the existing bridge would be replaced with a new one-lane bridge with two-way signal-controlled traffic along the existing bridge alignment. Bicycle access across the bridge would be via a shared vehicle/bicycle lane and would be subject to the traffic signal control for the bridge. Complete signalization of the intersections of Newell Road with Woodland Avenue and Edgewood Avenue would be required to control the direction of travel on the bridge and adjacent roadways. One additional signal would be provided for the sole residential driveway on the Palo Alto side of the bridge to indicate the direction of traffic on Newell Road at all times. Build Alternative 3 City of Palo Alto Page 15 Under Build Alternative 3, the existing bridge would be replaced with a two-lane bridge, consistent with that proposed under Alternative 2, but on a partial realignment of Newell Road. Specifically, Newell Road south of Woodland Avenue would be partially realigned (approximately 30 feet) so that the degree of offset between the existing north and south intersections with Woodland Avenue would be reduced compared to the existing condition. Build Alternative 4 Under Build Alternative 4, the existing bridge would be replaced with a two-lane bridge, consistent with that proposed under Alternatives 2 and 3, but on a full realignment of Newell Road. Specifically, Newell Road south of Woodland Avenue would be fully realigned (approximately 90 feet) to eliminate the offset between the existing north and south intersections with Woodland Avenue. This would provide a standard four-way intersection at Newell Road and Woodland Avenue. Approximately 100 additional feet of retaining wall would be required along the north side of Woodland Avenue and both sides of Newell Road Bridge in comparison to the other three build Alternatives. No Build Alternative Under the No-Build (No-Action) Alternative, no changes would be made to the existing bridge and approaches. No construction activities would occur, and there would be no change in the operations of the existing facilities. Other planned and approved land use development and transportation improvements along local routes may be implemented by local agencies or under other projects. Under the No-Build Alternative, the flooding issue along the creek would also not be addressed. The two existing bridge restrictions would remain as 5,400 CFS and 6,600 CFS for Pope/Chaucer and Newell Road bridges, respectively, far below the natural creek flow capacity of 7,500 CFS. Alternatives Considered and Dismissed Three other Alternatives were considered and eliminated from further discussion, as discussed in Section 1.4.6 of the Final EIR/EA. These included: (1) removal of the existing bridge (without replacement); (2) construction of a bicycle-pedestrian (only) bridge, and (3) construction of the bicycle-pedestrian bridge with emergency access. These options were not ultimately carried forward because they did not meet most of the basic project objectives and/or did not reduce a significant environmental impact. Based on counts completed during a 48 hour period August 28 and 29, 2019, the Average Daily Traffic is 3,300 vehicles, 400 bicyclists, and 270 pedestrians. Removal of the bridge would eliminate an across barrier connection and result in longer trips for pedestrians and cyclists and shift vehicle trips to nearby intersections that are already at or near capacity. Selection of the Preferred Alternative City of Palo Alto Page 16 Palo Alto, in coordination with East Palo Alto as a responsible agency, selected Alternative 2 as the locally preferred alternative and proposed project for the purposes of CEQA. Alternative 2 is anticipated to: •require lower retaining walls than other alternatives, •minimize impacts on the creek bank and adjacent trees (particularly in comparison to realignment of the bridge), •minimize utility relocations and operational maintenance (doesn’t require new street lights), •maintain the maximum number of existing (unmarked) street parking spaces during and post construction, and •limit the overall cost and scope associated with the project, while still achieving the project objectives. For these reasons, this alternative is presented as the proposed project for the purposes of CEQA. This was also identified as the environmentally preferred alternative, as detailed further in the EIR/EA. Attachments: Attachment A: Location Map Attachment B: Resolution to Certify the Newell Road Bridge EIR and Adopt Associated Findings Attachment C: Draft Record of Land Use Action Attachment D: NV5, Inc. Amendment No. 3 Attachment E: Project Plans and Environmental Analysis R-1 R-1 (10000) POOL gate NEWELL CT AVE WOODLAND WEST BAYSHORE RD D ALTO CLARKE AE PALO MISSION MISSION DR RD AVE WOODLAND SCOFIELD AVE C L E DR CIR CAPITOL AVE COOLEY NEWELL CLARKE AVE OAKES ST BAINES ST W O O D L A N D A V E DANA AVENUE ASHBY DRIVE VENUE UNIVERSITY A VEN UE VE AVENUE ARCADIA PLACE ROAD LOUISA COURT DANA AVENUE VE DE SOTO DRIVE SO U T H W O O D D RIV E ISLAND DRIVE KINGS LANE HAMILTON AVENUE DANA AVENUE NEWELL ROAD NEWELL ROAD NEWELL ROAD PITMAN AVENUE NEWELL ROAD DANA AVENUE MADISON WAY ALESTER AVENUE RHODES DRIVE W EST B AYSHORE ROA D RHODES DRIVE ALANNAH COURT EAS T BAY S HO R E ROA D BAYSHORE FREE W AY BAYSHORE FREEW AY S C E N T D R I V E E D G E WO O D D R I V E EDGEWOOD DRIVE EDGEWOOD DRIVE E D G E WO O D DR IVE EDGEWOOD DRIMADISON WAY H A M I L T O N AVENUE H A M JEFFERSON DRIVE PATRICIA LANE J A C K S O N DRIVE JACKS ON DRIVE PH I L L I PS ROAD This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Newell Bridge Project Site abc Zone District Labels City Jurisdictional Limits Zone Districts 0' 400' Ne w e l l B r i d g e P r o j e c t Ar e a M a p wi t h Zo n i n g D i s t r i c t s CITY O F PALO A L TO IN C O R P O R ATE D C ALIFOR N IA P a l o A l t oT h e C i t y o f A P RIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto RRivera, 2019-05-17 10:57:06NewellBridge Noticing 600ft (\\cc-maps\Encompass\Admin\Personal\RRivera.mdb) *NOT YET APPROVED* 1 Resolution No. _____ Resolution of the Council of the City of Palo Alto Certifying the Adequacy of the Final Environmental Impact Report for the Newell Road Bridge Replacement Project, Making Certain Findings Concerning Significant Environmental Impacts, Mitigation Measures and Alternatives, Adopting a Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program, All Pursuant to the California Environmental Quality Act RECITALS A. The City of Palo Alto (“City”) has proposed the Newell Road Bridge Replacement Project, which includes demolition of an existing two-way bridge on Newell Road between Woodland Avenue in East Palo Alto and Edgewood Drive in Palo Alto and construction of a new bridge along the same alignment that meets Caltrans standards for multi-modal access (the “Project”). B. Approval of the Project would constitute a project under the provisions of the California Environmental Quality Act of 1970, together with related state and local implementation guidelines promulgated thereunder (“CEQA”). C. The City is the Lead Agency pursuant to Public Resources Code section 21067 as it has the principal responsibility to approve and regulate the Project. D. The City, in compliance with CEQA, prepared an Environmental Impact Report (EIR) to provide an assessment of the potential environmental consequences of approving and constructing the Project. The EIR was prepared in coordination with Caltrans as a joint EIR and Environmental Assessment (EA) under the National Environmental Policy Act (NEPA); the EIR/EA is referred to herein as the “EIR”. E. A Draft Environmental Impact Report (“Draft EIR”) was circulated for public review from May 31, 2019, through July 30, 2019. Public hearings and community informational meetings were held on June 12, 2019, June 18, 2019, June 19, 2019, and July 18, 2019 to solicit input on the Draft EIR from members of the public, the City of Palo Alto Planning and Transportation Commission, the City of Palo Alto Architectural Review Board, and the East Palo Alto Public Works and Transportation Committee. F. The City considered the comments received during the Draft EIR public review period and prepared a Final Environmental Impact Report (“Final EIR”) published on April 24, 2020. G. The Council is the decision-making body for approval of the proposed Project. *NOT YET APPROVED* 2 H. CEQA requires that in connection with approval of a project for which an environmental impact report has been prepared that identifies one or more significant environmental effects of the project, the decision-making body of a public agency make certain findings regarding those significant effects on the environment identified in the environmental impact report. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALO ALTO AS FOLLOWS: SECTION 1. Certification and General Findings The City Council, in the exercise of its independent judgment, makes and adopts the following findings to comply with the requirements of CEQA, including Sections 15091, 15092, and 15093 of the CEQA Guidelines, based upon the entire record of proceedings for the Project. All statements set forth in this Resolution constitute formal findings of the City Council, including the statements set forth in this paragraph and in the recitals above. 1. The City Council was presented with, and has independently reviewed and analyzed the EIR and other information in the record and has considered the information contained therein prior to acting upon and approving the Project, and bases the findings stated below on such review. 2. The EIR provides an adequate basis for considering and acting upon the Project. The City Council has considered all of the evidence and arguments presented during consideration of the Project and the EIR. In determining whether the Project may have a significant impact on the environment, and in adopting the findings set forth herein, the City Council certifies that it has complied with the provisions of CEQA including Public Resources Code Sections 21081, 21081.5, and 21082.2. 3. The City Council agrees with the characterization of the EIR with respect to all impacts initially identified as “less than significant” and finds that those impacts have been described accurately and are less than significant as so described in the EIR. This finding does not apply to impacts identified as significant or potentially significant that are reduced to a less than significant level by mitigation measures included in the EIR. The disposition of each of those impacts and the mitigation measures adopted to reduce them are addressed specifically in the findings below. 4. Mitigation measures associated with the potentially significant impacts of the Project will be implemented through the Mitigation Monitoring and Reporting Program (MMRP) described below, which is the responsibility of the City. 5. The EIR considers a reasonable range of potentially feasible alternatives, sufficient to foster informed decision making, public participation and a reasoned choice, in accordance with CEQA. *NOT YET APPROVED* 3 6. The Final EIR contains responses to comments received on the Draft EIR. The Final EIR also contains corrections and clarifications to the text and analysis of the Draft EIR where warranted. The City Council does hereby find that such changes and additional information are not significant new information under CEQA because such changes and additional information do not indicate that any of the following would result from approval and implementation of the Project: (i) any new significant environmental impact or substantially more severe environmental impact (not already disclosed and evaluated in the DEIR), (ii) any feasible mitigation measure considerably different from those analyzed in the Draft EIR that would lessen a significant environmental impact of the Project has been proposed and would not be implemented, or (iii) any feasible alternative considerably different from those analyzed in the DEIR that would lessen a significant environmental impact of the Project has been proposed and would not be implemented. The City Council does find and determine that recirculation of the Final EIR for further public review and comment is not warranted or required under the provisions of CEQA. 7. The City Council does hereby find and certify that the EIR has been prepared and completed in compliance with CEQA and reflects the City of Palo Alto’s independent judgment and analysis. 8. The City Council does hereby make the following findings with respect to significant effects on the environment of the Project, as identified in the EIR, with the understanding that all of the information in this Resolution is intended as a summary of the full administrative record supporting the EIR, which full administrative record should be consulted for the full details supporting these findings. SECTION 2. Findings on Significant Impacts and Mitigation Measures Pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, the City Council hereby makes these findings with respect to the potential for significant environmental impacts from approval and implementation of the Project and the means for mitigating those impacts. These findings do not attempt to describe the full analysis of each environmental impact contained in the EIR. Instead, the findings provide a summary description of each impact, describe the applicable mitigation measures identified in the EIR and adopted by the City, and state the findings on the significance of each impact after imposition of the adopted mitigation measures. A full explanation of these environmental findings and conclusions can be found in the EIR. These findings hereby incorporate by reference the discussion and analysis in the EIR that support the EIR's determinations regarding significant project impacts and mitigation measures designed to address those impacts. The facts supporting these findings are found in the record as a whole for the Project. *NOT YET APPROVED* 4 In making these findings, the City ratifies, adopts, and incorporates into these findings the analysis and explanation in the EIR, and ratifies, adopts, and incorporates into these findings the determinations and conclusions of the EIR relating to environmental impacts and mitigation measures, except to the extent that any such determinations and conclusions are specifically and expressly modified by these findings. The EIR identified a number of significant and potentially significant environmental impacts that the Project will cause or to which the Project would contribute. Most of these significant effects can be fully addressed and reduced to less than significant through the adoption and implementation of Caltrans standard project requirements incorporated as part of the Project and feasible mitigation measures, including Avoidance and Minimization Measures (AMM) and Mitigation Measures (MM). Those impacts, along with the standard project requirements, avoidance and minimization measures, and mitigation measures to reduce them to less than significant, are listed below as referenced in the EIR. Any references to “Project applicant” below mean the City of Palo Alto and references to the “contractor” mean the City of Palo Alto’s construction contractor. Aesthetics Impact AES-a: Substantially degrade the existing visual character or quality of the site and its surroundings. During construction, general construction activities, construction staging/stockpiling, the storage of building materials, the presence of construction equipment, and temporary traffic barricades would result in temporary visual impacts by altering the composition of the viewsheds throughout the Project corridor. In addition, the proposed Project would remove the existing bridge; construct new approaches, and accommodate bicycle and pedestrian travel (including a sidewalk and potential road widening for sharrows or a mixed-use path); add and reconfigure utilities including street lighting; modify street signage; add retaining walls; and stabilize creek bank disturbed by the construction. Construction would also require the removal of trees to accommodate construction. This resource change (changes to visual resources as measured by changes in visual character and visual quality) would be moderate for Build Alternatives 1–3, including the Project during the short-term until replacement plantings can mature. a) Potential Impact. The impact identified above is described and discussed in Section 2.1.5, Visual/Aesthetics, and Section 3.2.1, Aesthetics, of the EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings. *NOT YET APPROVED* 5 MM-AES-1: Install Visual Barriers between Construction Work Areas and Sensitive Receptors. The City of Palo Alto’s contractor shall install visual barriers to obstruct undesirable views of construction activities and staging areas from sensitive receptors, namely residents and viewers on neighborhood sidewalks and streets, which are located adjacent to the construction site. The visual barrier may be chain link fencing with privacy slats, fencing with windscreen material, wood, or other similar barrier. The visual barrier shall be a minimum of 6 feet high to help to maintain the privacy of residents and block long-term ground-level views toward construction activities. While this visual barrier would introduce a visual intrusion, it would greatly reduce the visual effects associated with visible construction activities and screening construction activities and protecting privacy is deemed desirable by residents. The contractor shall also provide daily visual inspections to ensure the immediate surroundings of construction staging areas are free from construction-related clutter and to maintain the areas in a clean and orderly manner throughout the construction period. MM-AES-2: Replace or Relocate Site Features and Landscaping Affected by the Project. Where appropriate and to the degree possible, the City of Palo Alto’s contractor will relocate, replace, or restore in-kind landscaping and related appurtenances, such as fencing, driveway gates, and similar features that would be removed from private properties as a result of construction to reduce visual impacts and to maintain the quality of views from neighborhood roadways and sidewalks. If the site cannot accommodate this relocation or replacement, then the Project proponent will compensate parcel owners for site features (e.g., fencing, mailboxes, driveway gates) and landscaping that would be removed or damaged as a result of the Project. Replacement of site features and landscaping would be of value at least equal to that of existing features. MM-AES-3: Implement Project Design Aesthetics. The City of Palo Alto will implement an aesthetic design treatment with a consistent motif for new structures such as retaining walls, bridge sides, fencing, and wing walls. Choosing earth-toned colors for the surfaces would be less distracting to viewers than light or brightly colored surfaces. The shade of the wall will also be carefully considered to complement the project setting. However, studies have shown that structures two to three degrees darker than the color of the general surrounding area have the ability to complement the surrounding vegetation and create less of a visual impact than matching or lighter hues (U.S. Bureau of Land Management 2008). Safety barriers and fencing will be chosen, and could be plastic, powder, or vinyl coated with colors selected using the U.S. Bureau of Land Management selection techniques to make fences to appear more see-through than non-treated, light grey fencing that acts as a visual barrier to a degree. The design of the bridge will be reviewed and approved by the City of Palo Alto Architectural Review Board (ARB). The ARB is a recommending body that reviews projects and provides recommendations to the Director of Planning or Council. The Project would *NOT YET APPROVED* 6 require Architectural Review in accordance with Palo Alto Municipal Code Section 18.76.020. The ARB reviews projects for consistency with a series of findings outlined in the Municipal Code relating to aspects such as compatibility with the immediate environment of the site, compatibility with the design character of the surrounding area, harmonious transitions in scale and character in areas between different designated land uses, internal sense of order, amount and arrangement of open space, integration of natural features, and appropriate materials, textures, colors, and details of construction and plant material. Although some architectural refinements may be expected as the ARB process proceeds, such refinements are not expected to change the impact conclusions in this environmental analysis. MM-AES-4: Implement Project Streetscaping and Plantings along Top of Creek Bank. Streetscaping and planting native vegetation at the tops of the creek’s banks will improve the visual quality of the roadway corridor by improving corridor aesthetics. The City of Palo Alto will select street tree species from the City’s approved list of street trees or will be selected to match existing street trees in close proximity to the Project corridor and in compliance with the City of Palo Alto Urban Forest Master Plan1, Palo Alto Tree Technical Manual2, and the City of East Palo Alto’s Development Code. Replacement street trees shall have attributes that are at least equivalent to the trees that are removed or that provide a higher degree of aesthetic benefit such as better fall color, interesting bark, or less tree litter. Tree and shrub plantings along the tops of the creek’s banks will be installed where space allows and will utilize native plant species that are indigenous to the riparian corridor. Low-lying evergreen and deciduous shrubs and groundcovers, such as Ceanothus spp., and an herbaceous understory will also be planted. Plant variety will increase the effectiveness of the streetscape by providing multiple layers, seasonality, and reduced susceptibility to disease. Special attention should be paid to plant choices to prevent driving hazards by obscuring site distances. Vegetation shall be planted within the first six (6) months following Project completion. An irrigation and maintenance program will be implemented during the plant establishment period and carried on, as needed, to ensure plant survival. However, design of the landscaping plan will try to maximize the use of planting zones that are water efficient. The design may also incorporate aesthetic features, such as a cobbling swales or shallow detention areas, which can reduce or eliminate the need for irrigation in certain areas. c) Finding and Rationale. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. MM-AES-1 would ensure that staging areas are screened, minimizing the amount of visual disruption caused by construction staging. MM-AES-2 would relocate or replace 1 Available: https://www.cityofpaloalto.org/civicax/filebank/documents/36187 2 Available: http://www.cityofpaloalto.org/civicax/filebank/documents/6436 *NOT YET APPROVED* 7 affected landscaping, fencing, and other landscape features, reducing visual impacts. MM- AES-3 would apply aesthetic treatments to the bridge, wall surfaces, and fencing, improving Project aesthetics and reducing visual impacts and the potential for glare. MM-AES-4 would improve Project aesthetics by improving the visual quality of planter strips along Newell Road through landscaping. Therefore, the impacts would be less than significant with mitigation incorporated. d) Remaining Impact. Mitigation Measure AES-1 through AES-4, as specified above, would reduce all potential impacts to less than significant. Impact AES-d: Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. Overhead street lighting could negatively affect sensitive receptors if the replaced lighting is modified to include light-emitting diode (LED) lighting that is not properly designed. In particular, LED lighting can negatively affect humans by increasing nuisance light and glare, in addition to increasing ambient light glow, if proper shielding is not provided and blue-rich white light lamps are used. a) Potential Impact. The impact identified above is described and discussed in Section 2.1.5, Visual/Aesthetics, and Section 3.2.1, Aesthetics, of the EIR. b) Mitigation Measures. The following mitigation measure will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings. MM-AES-5: Apply Minimum Lighting Standards. The City of Palo Alto and its contractor will limit all artificial outdoor lighting to safety and security requirements, designed using Illuminating Engineering Society’s design guidelines, and in compliance with International Dark-Sky Association approved fixtures. All lighting is designed to have minimum impact on the surrounding environment and will use downcast, cut-off type fixtures that are shielded and direct the light only towards objects requiring illumination. Therefore, lights will be installed at the lowest allowable height and cast low-angle illumination while minimizing incidental light spill onto adjacent properties, the creek corridor, or backscatter into the nighttime sky. Shielding will also be employed for traffic signals. Light fixtures will have non- glare finishes that will not cause reflective daytime glare. Lighting will be designed for energy efficiency and have daylight sensors or be timed with an on/off program. LED lighting will avoid the use of blue-rich white light lamps and use a correlated color temperature that is no higher than 3,000 Kelvin, consistent with the International Dark-Sky Associations Fixture Seal of Approval program (International Dark-Sky Association 2010a, 2010b, 2015). In addition, LED lights will use shielding to ensure nuisance glare and that light spill does not affect sensitive residential viewers. Technologies to reduce light pollution evolve over time and design measures that are currently available may help but may not be the most effective means of controlling light pollution once the project is designed. Therefore, all design measures used to reduce light *NOT YET APPROVED* 8 pollution will employ the technologies available at the time of project design to allow for the highest potential reduction in light pollution. Lastly, due to the short bridge length, jurisdiction limitations, and in an effort to provide a sidewalk free of obstructions, lighting is not currently proposed on the bridge. On the East Palo Alto side, electrical services are provided by Pacific Gas and Electric and would need to be slightly relocated to accommodate the project. On the Palo Alto side, an existing light will be replaced along Newell Road, due to the change in grade, in approximately the same location. The relocated light would be less than 80-feet away from the bridge. It is not anticipated that additional lighting would be needed on the bridge. If an additional light is needed in the vicinity, a City of Palo Alto standard light could be added on the roadway on the Palo Alto side. This light, if needed, as well as the other lights being replaced would be required to conform to City standards. c) Finding and Rationale. Changes or alterations have been required, or incorporated into the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Implementation of the Mitigation Measure AES-5 would require that the applicant employ the technologies available at the time of project design to allow for the highest potential reduction in light pollution to mitigate the potential for risks associated with a new source of light or glare. Therefore, the impacts would be less than significant with mitigation incorporated. d) Remaining Impact. Mitigation Measure AES-5 specified above would reduce all potential impacts to less than significant. Air Quality Impact AIR-a: Conflict with or obstruct implementation of the applicable air quality plan Impact AIR-b: Violate any air quality standard or contribute substantially to an existing or projected air quality violation. Table 2.2.6-3 in Section 2.2.6, Air Quality, summarizes construction criteria pollutant emissions for all build alternatives, including the Project. Per Table 2.2.6-3, all construction emissions would be less than the BAAQMD daily threshold except for nitrogen oxides (NOX), which would be higher than the threshold. a) Potential Impact. The impact identified above is described and discussed in Section 2.2.6, Air Quality, and Section 3.2.3, Air Quality, of the EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings. *NOT YET APPROVED* 9 MM-AQ-1: Utilize clean diesel-powered equipment during construction to control construction-related NOX emissions. The City of Palo Alto’s construction contractor will ensure that all off-road diesel-powered equipment used during construction is equipped with EPA Tier 4 Final engines. SM-AQ-1: Implement California Department of Transportation Standard Specifications. • The Project applicant will comply with California Department of Transportation Standard Specifications in Section 14-9 Air Quality (2010). • Section 14-9.02 specifically requires compliance by the contractor with all applicable laws and regulations related to air quality, including air pollution control district and air quality management district regulations and local ordinances. • Section 14-9.03 is directed at controlling dust. If dust palliative materials other than water are to be used, material specifications are contained in Section 18. SM-AQ-2: Implement BAAQMD Basic Control Measures to Control Construction-Related Dust. • In accordance with the BAAQMD’s current Air Quality Guidelines (Bay Area Air Quality Management District 2011), the Project applicant will implement the following BAAQMD-recommended control measures to reduce particulate matter emissions from construction activities. • All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) will be watered two times per day by the contractor. • All haul trucks transporting soil, sand, or other loose material off site will be covered by the contractor. • All visible mud or dirt track-out onto adjacent public roads will be removed using wet power vacuum street sweepers at least once per day by the contractor. The use of dry power sweeping is prohibited. • The contractor will limit all vehicle speeds on unpaved roads to 15 miles per hour. • The contractor will complete all roadways, driveways, and sidewalks to be paved as soon as possible. • The contractor will post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person will respond and take corrective action within 48 hours. The Air District’s phone number will also be visible to ensure compliance with applicable regulations. c) Finding and Rationale. Changes or alterations have been required, or incorporated into the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. With implementation of the Mitigation Measure AQ-1 and Standardized Measures AQ-1 and AQ-2, construction of the proposed project would not result in NOx emissions that exceed thresholds established by BAAQMD. Therefore, the impacts would be less than significant with mitigation incorporated. *NOT YET APPROVED* 10 d) Remaining Impact. Mitigation Measure AQ-1, SM-AQ-1, and SM-AQ-2 specified above would reduce all potential impacts to less than significant. Impact AIR-c: Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). Exceedances of the project-level thresholds would also be cumulatively considerable. Table 2.2.6-3 in Section 2.2.6, Air Quality, summarizes construction criteria pollutant emissions for all build alternatives, including the Project. Per Table 2.2.6-3, all construction emissions would be less than the BAAQMD daily threshold except for nitrogen oxides (NOX), which would be higher than the threshold. a) Potential Impact. The impact identified above is described and discussed in Section 2.2.6, Air Quality, and Section 3.2.3, Air Quality, of the EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings. MM-AQ-1: Utilize clean diesel-powered equipment during construction to control construction-related NOX emissions. The City of Palo Alto’s construction contractor will ensure that all off-road diesel-powered equipment used during construction is equipped with EPA Tier 4 Final engines. c) Finding and Rationale. Changes or alterations have been required, or incorporated into the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. With implementation of Mitigation Measure AQ-1, criteria pollutant emissions during construction would not exceed BAAQMD’s thresholds for construction with implementation of MM-AQ-1. Therefore, the impacts would be less than significant with mitigation incorporated. d) Remaining Impact. Mitigation Measure AQ-1 specified above would reduce all potential impacts to less than significant. Impact AIR-d: Expose sensitive receptors to substantial pollutant concentrations. With respect to toxic air contaminants, nearby sensitive receptors could be exposed to substantial pollutant concentrations such as diesel particulate matter and emissions of particulate matter less than 2.5 microns in diameter (PM2.5) from exhaust sources during construction. a) Potential Impact. The impact identified above is described and discussed in Section 2.2.6, Air Quality, and Section 3.2.3, Air Quality, of the EIR. *NOT YET APPROVED* 11 b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings. MM-AQ-1: Utilize clean diesel-powered equipment during construction to control construction-related NOX emissions. The City of Palo Alto’s construction contractor will ensure that all off-road diesel-powered equipment used during construction is equipped with EPA Tier 4 Final engines. c) Finding and Rationale. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. With implementation of Mitigation Measure AQ-1, toxic air contaminant concentrations during construction, such as diesel particulate matter and emissions of particulate matter less than 2.5 microns in diameter (PM2.5) from exhaust sources during construction would be reduced through the requirement to use Tier 4 equipment. Therefore, the impacts would be less than significant with mitigation incorporated. d) Remaining Impact. Mitigation Measure AQ-1 specified above would reduce all potential impacts to less than significant. Biological Resources Impact BIO-a: Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. California red-legged frogs could be directly and indirectly affected by construction activities occurring in or adjacent to the Biological Study Area (BSA). If California red-legged frogs are present within the construction work area, they could be inadvertently killed or wounded by construction vehicles, construction personnel, and accidental spill of toxic fluids. Construction activities associated with road and bridge construction in potential California red-legged frog habitat in the Project area could result in indirect effects on water quality downstream from the construction work area. The proposed Project could also affect habitat conditions for Central California Coast steelhead. Activities associated with bridge removal and reconstruction and revegetation could increase erosional processes, thereby increasing sedimentation and turbidity in downstream waterways. Excessive sediment deposited in or near stream channels can degrade aquatic habitats. Increased turbidity can increase fish mortality, reduce feeding opportunities for fish including rearing steelhead, and cause fish to avoid important habitat. The effects on essential fish habitat for Pacific salmon would be same as the effects described for Central California Coast steelhead. *NOT YET APPROVED* 12 a) Potential Impact. The impact identified above is described and discussed in Section 2.3.5, Threatened and Endangered Species, and Section 3.2.4, Biological Resources, of the EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings. MM-BIO-1: Compensate for Permanent Loss of Valley Foothill Riparian. The City of Palo Alto will compensate for permanent construction-related loss of valley foothill riparian habitat by replanting trees in the disturbed area after completion of the construction activities. Loss of native riparian trees will be compensated by replanting at a ratio of 3:1 (three native trees planted for every one native tree removed that was at least 4 inches diameter at breast height [approximately 4.5 feet above existing grade]). Loss of non-native riparian trees will be compensated at a ratio of 1:1 (one native tree planted for every one non-native tree removed that was at least 4 inches diameter at breast height). The compensatory ratios and planting locations will be confirmed through coordination by the City with other regulatory agencies as part of the environmental permitting process for the proposed Project. The City will prepare a riparian mitigation planting plan, including a species list and number of each species, planting locations, and maintenance and monitoring requirements. Plantings will consist of cuttings taken from native plants, or plants grown at a plant nursery from local native material obtained within the San Francisquito Creek watershed. Planted species will be similar in structure and stature (at maturity) to those removed from the Project area. Plantings will be monitored annually for 5 years or as required in the Project permits. If 75% of the plants survive and the riparian canopy covers 75% at the end of the monitoring period, the revegetation will be considered successful. If this survival and canopy cover criteria are not met at the end of the monitoring period, planting and monitoring will be repeated after mortality causes have been identified and corrected. AMM-BIO-1: Install Construction Barrier Fencing around Environmentally Sensitive Areas. The City of Palo Alto or its contractor will install orange construction barrier fencing to identify environmentally sensitive areas in and adjacent to the construction area. A qualified biologist will identify sensitive biological resources adjacent to the construction area before the final design plans are prepared so that the areas to be fenced can be included in the plans. The area that would generally be required for construction, including staging and access, is shown in Figure 2.3-1. Portions of this area that are to be avoided during construction will be fenced off to avoid disturbance. Sensitive biological resources that occur adjacent to the construction area include sensitive natural communities and protected trees to be retained. Temporary fences around the environmentally sensitive *NOT YET APPROVED* 13 areas will be installed as one of the first orders of work following California Department of Transportation (Caltrans) specifications. Before construction, the construction contractor will work with the Project engineer and a resource specialist to identify the locations for the barrier fencing and will place stakes around the sensitive resource sites to indicate these locations. The protected areas will be designated as environmentally sensitive areas and clearly identified on the construction plans. The fencing will be installed before construction activities are initiated, maintained throughout the construction period, and removed after completion of construction. AMM-BIO-2: Prepare Environmental Awareness Program and Conduct Environmental Awareness Training for Construction Employees. The City of Palo Alto will retain a qualified biologist to develop an environmental awareness program and conduct environmental awareness training for construction employees. The program will explain the importance of on-site biological resources, including sensitive natural communities, protected trees to be retained, and special-status wildlife habitats, and how to avoid take of listed species. The program will include invasive plant identification and the importance of controlling and preventing the spread of invasive plant infestations. The environmental awareness program will be provided to all construction personnel to inform them on the life history of special-status species in or adjacent to the Project, the need to avoid impacts on sensitive biological resources, any terms and conditions required by state and federal agencies, and the penalties for not complying with biological mitigation requirements. If new construction personnel are added to the Project, the contractor’s superintendent will ensure that the personnel receive the mandatory training before starting work. An environmental awareness handout that describes and illustrates sensitive resources to be avoided during Project construction and identifies all relevant permit conditions will be provided to each person. AMM-BIO-3: Retain a Biological Monitor to Conduct Visits during Construction. The City of Palo Alto will retain a qualified biologist to conduct construction monitoring in and adjacent to all identified environmentally sensitive areas. The frequency of monitoring will range from daily to weekly depending on the biological resource. The monitor, as part of the overall monitoring duties, will inspect the fencing once a week at a minimum in the construction area along the river and drainages that support woody vegetation; surrounding native trees and woodlands; and special-status plants. The biological monitor will assist the construction crew as needed to comply with all Project implementation restrictions and guidelines. The biological monitor also will be responsible for ensuring that the contractor maintains the staked and flagged perimeters of the construction area and staging areas adjacent to sensitive biological resources. *NOT YET APPROVED* 14 AMM-BIO-4: Avoid and Minimize Potential Disturbance of Valley Foothill Riparian Community. The City of Palo Alto and its construction contractor will avoid and minimize potential disturbance of the valley foothill riparian community by implementing the following measures. • The potential for long-term loss of woody vegetation will be minimized by trimming vegetation rather than removing entire shrubs. Shrubs that need to be trimmed will be cut at least 1 foot above ground level to leave the root systems intact and allow for more rapid regeneration. Cutting will be limited to the minimum area necessary within the construction zone. • A certified arborist will be retained to perform any necessary pruning or root cutting of retained trees. • The areas that undergo vegetative pruning will be inspected immediately before construction, immediately after construction, and 1 year after construction to determine the amount of pre-Project vegetative cover, cover that has been removed, and cover that regrows. After 1 year, if vegetation in these areas has not regrown sufficiently to return the cover to the pre-Project level, the City of Palo Alto will replant the areas with native species to reestablish the cover to the pre-Project condition. AMM-BIO-5. Protect Water Quality and Prevent Erosion and Sedimentation in San Francisquito Creek. The City of Palo Alto and its construction contractor shall ensure the construction specifications include water quality protection and erosion and sediment control BMPs, based on standard Caltrans requirements, to minimize construction-related contaminants and mobilization of sediment to the San Francisquito Creek. The construction contractor will select BMPs to achieve maximum sediment removal and represent the best available technology that is economically achievable. BMPs are subject to review and approval by the City of Palo Alto. The City will perform routine inspections of the construction area to verify the BMPs are properly implemented and maintained. The City will notify contractors immediately if there is a noncompliance issue and will require compliance. The BMPs will include, but are not limited to, the following. • All earthwork or foundation activities involving San Francisquito Creek and the bridge will occur in the dry season (between June 1 and October 15). • A netting and tarp system will be implemented at the bridge site to prevent and minimize debris from entering the river during demolition and construction activities. • Equipment used around San Francisquito Creek will be in good working order and free of dripping or leaking engine fluids. All vehicle maintenance will be performed at least 300 feet from all drainages and wetlands. Any necessary equipment washing will be carried out where the water cannot flow into drainages or wetlands. • A hazardous material spill prevention control and countermeasure plan will be developed before construction begins that will minimize the potential for and the *NOT YET APPROVED* 15 effects of hazardous or toxic substances spills during construction. The plan will include storage and containment procedures to prevent and respond to spills and will identify the parties responsible for monitoring the spill response. During construction, any spills will be cleaned up immediately according to the spill prevention and countermeasure plan. The City of Palo Alto will review and approve the contractor(s)’ toxic materials spill prevention control and countermeasure plan before allowing construction to begin. The following types of materials will be prohibited from being rinsed or washed into the streets, shoulder areas, or gutters: concrete, solvents and adhesives, thinners, paints, fuels, sawdust, dirt, gasoline, asphalt and concrete saw slurry, and heavily chlorinated water. • Baseline turbidity, pH, specific conductance, and temperatures in the San Francisquito Creek channel will be measured when flow is present. As required by the Regional Water Quality Control Board (RWQCB), water quality standards specified in the Basin Plan standards will not be exceeded over the natural in-situ conditions. If dewatering activities are required, water samples will be taken periodically during construction. • Any surplus concrete rubble, asphalt, or other rubble from construction will be taken to a local landfill. • An erosion and sediment control plan will be prepared and implemented for the proposed Project. It will include the following provisions and protocols. The stormwater pollution prevention plan for the Project will detail the applications and type of measures and the allowable exposure of unprotected soils. o Discharge from dewatering operations, if needed, and runoff from disturbed areas will be made to conform to the water quality requirements of the waste discharge permit issued by the RWQCB. o Temporary erosion control measures, such as sandbagged silt fences, will be applied throughout construction of the proposed Project and will be removed after the working area is stabilized or as directed by the engineer. Soil exposure will be minimized through use of temporary BMPs, groundcover, and stabilization measures. Exposed dust-producing surfaces will be sprinkled daily, if necessary, until wet; this measure will be controlled to avoid producing runoff. Paved streets will be swept daily following construction activities. o The contractor will conduct periodic maintenance of erosion and sediment control measures. o An appropriate seed mix of native species will be planted on disturbed areas upon completion of construction. o The contractor will cover or apply nontoxic soil stabilizers to inactive construction areas (previously graded areas inactive for 10 days or more) that could contribute sediment to waterways. o The contractor will enclose and cover exposed stockpiles of dirt or other loose, granular construction materials that could contribute sediment to waterways. Material stockpiles will be located in non-traffic areas only. Side slopes will not *NOT YET APPROVED* 16 be steeper than 2:1. All stockpile areas will be surrounded by a filter fabric fence and interceptor dike. o Runoff from disturbed areas will be contained and filtered by berms, vegetated filters, silt fencing, straw wattle, plastic sheeting, catch basins, or other means necessary to prevent the escape of sediment from the disturbed area. o Other temporary erosion control measures (such as silt fences, staked straw bales/wattles, silt/sediment basins and traps, check dams, geofabric, sandbag dikes, and temporary re-vegetation or other ground cover) will be used to control erosion from disturbed areas as necessary. o The contractor will avoid depositing or placing earth or organic material where it may be directly carried into the channel. AMM-BIO-9: Avoid Work during Active Breeding and Dispersal Period for Special-Status Frogs (October 15 through June 1). The City of Palo Alto’s contractor will conduct site preparation and construction activities that involve earthwork, other ground disturbance, and/or vehicle traffic through frog-sensitive areas (intermittent stream and riparian habitat) outside the period when special-status frogs are actively breeding and dispersing (October 15 through June 1). AMM-BIO-10: Conduct Preconstruction Surveys at Work Sites in and near Frog-Sensitive Areas (no more than 3 days prior to onset of construction). No more than 3 days prior to the onset of site preparation and construction activity at each site, a qualified wildlife biologist will conduct a preconstruction survey for special-status frogs within the Project footprint. The survey will cover all areas where special-status frogs may be present or concealed, including cracks, burrows, vegetation adjacent to wet areas, and other temporary refugia, as well as any riparian or intermittent stream habitat affected. If special- status frogs are determined to be absent from the Project footprint, no further action will be required with regard to these species. If any special-status amphibians are found within the Project footprint, whenever possible, construction work in their vicinity will be avoided until they have moved outside of the Project area of their own volition. AMM-BIO-11: Provide Construction Worker Awareness Training for Special-Status Frogs. The City of Palo Alto will provide, or require contractors to provide, worker awareness training for construction personnel to enable them to recognize special-status frogs and other aquatic and riparian wildlife. Trained construction personnel will also understand where sensitive resource areas are within the construction zone so they can minimize their impact on upland (dispersal and aestivation) habitat. Training will be presented by a qualified wildlife biologist experienced in training non-specialists. The training program will include at least the following: a description of the special-status species likely to use the site, and their habitat needs; photographs of these species; an explanation of the legal status of these species and their protection under the Endangered Species Act (ESA) and other laws and regulations; a list of measures being taken to reduce effects to these species *NOT YET APPROVED* 17 during Project construction; and distribution of a fact sheet summarizing training content. The City of Palo Alto will also distribute, or require contractors to distribute, the training summary fact sheet to anyone else who may enter the Project site. Upon completion of training, employees will sign a form stating that they attended the training and understand all the conservation and protection measures. AMM-BIO-12: Install Exclusion Fencing and Conduct Construction Monitoring for Special- Status Frogs. Once it has been determined that no special-status frogs are present on the Project site, the City of Palo Alto’s contractor will install barrier fencing along the perimeter of the work area where necessary to ensure that frogs do not enter the site during construction. Fencing will be installed promptly (within 3 days) after clearance surveys are performed, to prevent frogs from entering the work area. A qualified biologist will be present during the installation of exclusion fencing, will determine which areas need to be monitored on a daily basis during construction activities to avoid harm to California red- legged frog, and will be responsible for follow-up monitoring as needed. The monitor will inspect and maintain the integrity of the exclusion fencing. AMM-BIO-13: Limit Stream Bank Construction to Dry Season (June 1 through October 15). The City of Palo Alto’s contractor will limit stream bank construction from June 1 to October 15 in order to avoid the migratory season for adult steelhead. This timing will also limit any excess sedimentation and runoff from entering the San Francisquito Creek. c) Finding and Rationale. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. With implementation of the Mitigation Measure BIO-1 and AMMs BIO-1 through AMM-BIO-5 and AMM-BIO-9 through AMM-BIO-13, impacts on water quality and habitat would be reduced. In addition, work would be seasonally limited to avoid the breeding season and worker awareness and biological monitoring would be required. With implementation of these measures, impacts on California red-legged frog, Central California Coast steelhead, and essential fish habitat would be reduced. Therefore, the impacts would be less than significant with mitigation incorporated. d) Remaining Impact. Mitigation Measure BIO-1 and AMMs BIO-1 through AMM-BIO-5 and AMM-BIO-9 through AMM-BIO-13, as specified above, would reduce all potential impacts to less than significant. Impact BIO-b: Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. Construction of the Project on the proposed alignment would result in permanent loss of some riparian vegetation along San Francisquito Creek within the Project footprint. *NOT YET APPROVED* 18 a) Potential Impact. The impact identified above is described and discussed in Section 2.3.1, Natural Communities, and Section 3.2.4, Biological Resources, of the EIR. b) Mitigation Measures. Mitigation Measure BIO-1 and AMMs BIO-1 through AMM-BIO-5, as described above, will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings. c) Finding and Rationale. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Implementation of Mitigation Measure BIO-1 as well as AMM-BIO-1 through AMM- BIO-5 would reduce impacts on valley foothill riparian and require compensation for the permanent loss of valley foothill riparian. In addition, implementation of these measures would ensure that the proposed Project minimizes direct and indirect effects on intermittent stream habitat. Therefore, the impacts would be less than significant with mitigation incorporated. d) Remaining Impact. Mitigation Measure BIO-1 and AMM-BIO-1 through AMM-BIO-5, as specified above, would reduce all potential impacts to less than significant. Impact BIO-c: Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. Activities associated with the removal of existing abutments, construction of new abutments and the installation of check dams would result in direct impacts within the creek, which is considered a water of the state and a water of the U.S. Additionally, indirect impacts on intermittent stream habitat could occur from construction activity due to erosion and sedimentation and discharge of pollutants into the creek. a) Potential Impact. The impact identified above is described and discussed in Section 2.3.2, Wetlands and Other Waters, and Section 3.2.4, Biological Resources, of the Final EIR. b) Mitigation Measures. Mitigation measures AMM-BIO-1 through AMM-BIO-5, as described above, will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings. c) Finding and Rationale. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Implementation of AMM-BIO-1 through AMM-BIO-4 minimize the impacted area, increase construction worker awareness of potential impacts, and require a biological monitor during construction to monitor activities and reduce impacts on wildlife. AMM-BIO- 5 would ensure that the proposed Project minimizes direct and indirect effects on intermittent stream habitat and waters of the U.S. Therefore, the impacts would be less than significant with mitigation incorporated. *NOT YET APPROVED* 19 d) Remaining Impact. Implementation of AMM-BIO-1 through AMM-BIO-5, as specified above would reduce all potential impacts to less than significant. Impact BIO-d: Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. Activities associated with bridge removal and reconstruction and revegetation could increase erosional processes, thereby increasing sedimentation and turbidity in downstream waterways. Excessive sediment deposited in or near stream channels can degrade aquatic habitats. Increased turbidity can increase fish mortality, reduce feeding opportunities for fish including rearing steelhead, and cause fish to avoid important habitat, causing impacts on migratory fish. Impacts are potentially significant and the following mitigation measure and avoidance and minimization measures are proposed. a) Potential Impact. The impact identified above is described and discussed in Section 2.3.1, Natural Communities, and Section 3.2.4, Biological Resources, of the Draft EIR. b) Mitigation Measures. Mitigation Measures MM-BIO-1, AMM-BIO-1 through AMM-BIO-5, and AMM-BIO-9 through AMM-BIO-13, as described above, will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings. c) Finding and Rationale. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. With implementation of the Mitigation Measure BIO-1 and AMM BIO-1 through AMM-BIO-5 and AMM BIO-9 through AMM-BIO-13, would reduce the area of temporary and permanent disturbance, require biological monitoring and preconstruction surveys, increase worker awareness, limit the time period of in-creek construction to the dry season, and reduce erosion and siltation that can result in increased turbidity. Therefore, the impacts would be less than significant with mitigation incorporated. d) Remaining Impact. Implementation of MM-BIO-1, AMM-BIO-1 through AMM-BIO-5, and AMM-BIO-9 through AMM-BIO-13, as specified above would reduce all potential impacts to less than significant. Impact BIO-e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. The loss of the protected oak and seven other regulated trees (street trees) within the City of Palo Alto would be an impact. However, removal of these trees is allowed in accordance with Palo Alto Municipal Code Section 8.10.050(d)(1). As outlined in the Municipal Code, replacement for these trees is required in accordance with the Tree Technical Manual, which includes a formula for replacement based on the measured size of the canopy lost. In addition, the City of East Palo Alto requires replacement of trees approved for removal in accordance with the East Palo Alto Municipal Code Section 18.28.040(I), which similarly requires replacement of the canopy. However, *NOT YET APPROVED* 20 because replacement of these trees in accordance with the Tree Technical Manual may not be feasible within the Project area, impacts are potentially significant. a) Potential Impact. The impact identified above is described and discussed in Section 3.2.4, Biological Resources, of the EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings. MM-BIO-2: Tree Replacement Plan. The City of Palo Alto shall be required, in accordance with the Tree Protection and Management Regulations (Palo Alto Municipal Code Chapter 8.10) and the Tree Technical Manual (Palo Alto Municipal Code Section 8.10.120), to replace the tree canopy for the eight protected trees, in accordance with the tree canopy formula identified in the Tree Technical Manual (Tree Technical Manual, Section 3.20). If the tree canopy cannot be replaced on-site, the canopy shall be replaced off-site as close to the Project site as feasible. If trees are being replaced off-site, the City applicant must submit a Tree Planting Plan to the Urban Forestry Division and obtain the Urban Forestry Division’s approval of the plan prior to issuance of a building permit. The Tree Planting Plan must include the following: • The canopy calculation for trees removed and the number of trees planned to replace them, consistent with the formula identified in the Tree Technical Manual • The specific location where the new trees would be planted with specific baseline information about that proposed site (e.g., surrounding vegetation or development) • The species of trees to be planted • Specific planting details (e.g., size of sapling, size of containers, irrigation plan) • Success criteria • Monitoring and maintenance schedule Replacement tree planting will be monitored by a qualified arborist. To verify the success of replacement trees, monitoring shall occur for two years after initial planting. After the two- year period, the arborist will determine if the trees are capable of surviving without further maintenance. c) Finding and Rationale. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Compliance with the East Palo Alto Municipal Code, Palo Alto Municipal Code, and the City of Palo Alto Tree Technical Manual, which is incorporated by reference as part of the Palo Alto Municipal Code, as well as implementation of MM BIO-2 for the replacement of any trees off site, which would ensure that if trees cannot be replaced on site, suitable locations will be found off site, would reduce impacts associated with the removal of the protected and regulated trees. Therefore, the impacts would be less than significant with mitigation incorporated. *NOT YET APPROVED* 21 d) Remaining Impact. Mitigation Measure-BIO-2, as specified above would reduce all potential impacts to less than significant. Cultural, Paleontological, and Tribal Cultural Resources Impact CUL-c: Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 of the CEQA Guidelines. There is limited archaeological sensitivity within the area of potential effects (APE) and it is not anticipated that previously unidentified prehistoric or historic archaeological sites are located in the APE. However, unknown cultural materials could be discovered during construction. a) Potential Impact. The impact identified above is described and discussed in Section 2.16, Cultural Resources, and Section 3.2.5, Cultural Resources, of the EIR. b) Mitigation Measures. The following mitigation measure will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings. SM-CUL-1: If cultural materials are discovered during construction, the City of Palo Alto’s contractor will cease all earth moving activity within and around the immediate discovery area until a qualified archaeologist can assess the nature and significance of the find and recommend/implement appropriate data collection/recovery activities. c) Finding and Rationale. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. With implementation of SM-CUL-1, archeological resources, if discovered during construction, would be protected. Therefore, the impacts would be less than significant with mitigation incorporated. d) Remaining Impact. Implementation of SM-CUL-1, as specified above would reduce all potential impacts to less than significant. Impact CUL-c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. For build alternatives 3 and 4, due to excavation activities, there is a potential to disrupt, alter, or eliminate undiscovered archeological resources including those of human remains. a) Potential Impact. The impact identified above is described and discussed in Section 2.2.4, Paleontology, and Section 3.2.5, Cultural Resources, of the EIR. *NOT YET APPROVED* 22 b) Mitigation Measures. If the approved project is build alternative 3 or 4, the following mitigation measures will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings. (Because Impact CUL-c was not identified for projects alternative 1, 2, or the No Build Alternative_, this mitigation measure will not be implemented if either of those alternatives is the approved Project.) MM-PA-1: Educate Workers, Stop Work in Case of Discovery of Paleontological Resources, and Prepare and Implement a Recovery Plan. Given the potential for paleontological resources to be present in construction areas at ground surface and at excavation depths below 5 feet in sensitive geologic units in the Project area, the following measures will be undertaken to avoid any potentially significant effect from the improvements on paleontological resources. Before the start of any excavation, the California Department of Transportation (Caltrans) and the City of Palo Alto will retain a qualified paleontologist, as defined by the Society of Vertebrate Paleontology. If paleontological resources are discovered during earthmoving activities, the construction crew will immediately cease work near the find and notify Caltrans and the City of Palo Alto. Construction work in the affected areas will remain stopped or be diverted to allow recovery of fossil remains in a timely manner. Caltrans and the City of Palo Alto will retain a qualified paleontologist to evaluate the resource and prepare a recovery plan in accordance with Society of Vertebrate Paleontology guidelines (Society of Vertebrate Paleontology 2010). The recovery plan may include a field survey, construction monitoring, sampling and data recovery procedures, museum storage coordination for any specimen recovered, and a report of findings. Recommendations in the recovery plan that are determined by Caltrans and the City of Palo Alto to be necessary and feasible will be implemented before construction activities can resume at the site where the paleontological resources were discovered. Caltrans and the City of Palo Alto will be responsible for ensuring that the paleontologist’s recommendations regarding treatment and reporting are implemented. c) Finding and Rationale. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. With implementation of the Mitigation Measure PA-1, the project would be required to prepare and implement a Recovery Plan for paleontological resources in the event that they are uncovered due to work in previously undisturbed soil. Therefore, the impacts under build Alternatives 3 and 4 would be less than significant with mitigation incorporated. d) Remaining Impact. Mitigation Measure-PA-1, as specified above would reduce all potential impacts to less than significant. *NOT YET APPROVED* 23 Impact CUL-d. Disturb any human remains, including those interred outside of formal cemeteries. There is limited archaeological sensitivity within the area of potential effects (APE) and it is not anticipated that previously unidentified prehistoric or historic archaeological sites are located in the APE. However, unknown human remains could be discovered during construction. a) Potential Impact. The impact identified above is described and discussed in Section 2.16, Cultural Resources, and Section 3.2.5, Cultural Resources, of the EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings. SM-CUL-2: If human remains are discovered, California Health and Safety Code Section 7050.5 requires that the contractor will stop further disturbances and activities in any area or nearby area suspected to overlie remains, and the contractor will contact the County Coroner. Pursuant to Public Resources Code (PRC) Section 5097.98, if the remains are thought to be Native American, the coroner will notify the Native American Heritage Commission (NAHC), which will then notify the Most Likely Descendant (MLD). At this time, the person who discovered the remains will contact the Caltrans District 4 Office of Local Assistance archaeologist so that they may work with the MLD on the respectful treatment and disposition of the remains. Further provisions of PRC Section 5097.98 shall be followed as applicable. c) Finding and Rationale: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. In the event of the unanticipated discovery of human remains, implementation of SM-CUL-2 would reduce impacts by stopping construction activities within the area of the remains until the remains are properly treated in accordance with state regulations. d) Remaining Impact: Implementation of SM-CUL-2 specified above would reduce all potential impacts to less than significant. Geology and Soils Impact GEO-aii: Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking. The Project area is likely to experience strong ground shaking due to earthquake during the life of the Project. Therefore, the project, if not properly designed could expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death a) Potential Impact. The impact identified above is described and discussed in Section 2.2.3, Geology/Soils/Seismic/Topography, and Section 3.2.6, Geology and Soils, of the EIR. *NOT YET APPROVED* 24 b) Mitigation Measures. The following mitigation measure will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings. SM-GEO-1: The City of Palo Alto will adhere to current Caltrans Seismic Design Criteria (SDC) for bridge design and construction. c) Finding and Rationale: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Implementation of SM-GEO-1 would reduce the effects from earthquakes and the potential for damage resulting from strong ground shaking due to earthquake. d) Remaining Impact: Implementation of SM-GEO-1, as specified above, would reduce all potential impacts to less than significant. Impact GEO-aiii: Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction. The Project area contains soils that have a risk of liquefaction, which could result in structural damage to the bridge during an earthquake. a) Potential Impact. The impact identified above is described and discussed in Section 2.2.3, Geology/Soils/Seismic/Topography, and Section 3.2.6, Geology and Soils, of the EIR. b) Mitigation Measures. The following mitigation measure will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings. SM-GEO-1: The City of Palo Alto will adhere to current Caltrans Seismic Design Criteria (SDC) for bridge design and construction. c) Finding and Rationale: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Implementation of SM-GEO-1 would ensure that the bridge is properly designed so as to not exacerbate the liquefaction tendencies of soils present at the site. Accordingly, effects from earthquakes would be minimized, and the potential for damage resulting from liquefaction due to earthquake would be reduced. d) Remaining Impact: Implementation of SM-GEO-1, as specified above, would reduce all potential impacts to less than significant. *NOT YET APPROVED* 25 Impact GEO-b: Result in substantial soil erosion or the loss of topsoil. Site preparation and grading associated with Project construction activities would potentially expose bare soil to erosive forces. a) Potential Impact. The impact identified above is described and discussed in Section 2.2.3, Geology/Soils/Seismic/Topography, and Section 3.2.5, Cultural Resources, of the EIR. b) Mitigation Measures. The following mitigation measure will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings. SM-WQ-2: Prepare and Implement Stormwater Pollution Prevention Plan (SWPPP). The project will comply with the Construction General Plan by preparing and implementing a SWPPP to address all construction-related activities, equipment, and materials that have the potential to impact water quality for the appropriate risk level. The SWPPP will identify the sources of pollutants that may affect the quality of storm water and include BMPs to control the pollutants, such as sediment control, catch basin inlet protection, construction materials management, and non-storm water BMPs. All work must conform to the construction site BMP requirements specified in the latest edition of the Caltrans Construction Site Best Management Practices Reference Manual (California Department of Transportation 2011) to control and minimize the impacts of construction and construction- related activities, materials, and pollutants on the watershed. These include, but are not limited to, temporary sediment control, temporary soil stabilization, scheduling waste management, materials handling, and other non-storm water BMPs. In addition, a temporary creek flow diversion will be installed prior to any construction to prevent sediments from washing downstream. Temporary BMPs will be selected and identified in the SWPPP to protect water bodies, within or near the project limits, from potential storm water runoff resulting from construction activities. Temporary sediment and erosion control measures may include the following. • Fiber rolls and/or silt fences. • Gravel bag berm. • Rolled erosion-control product (e.g., netting). • Designated construction entrance/exit. • Re-establishment of vegetation or other stabilization measures (hydroseeding, mulch) on DSAs and newly constructed slopes. • Wind erosion control. c) Finding and Rationale: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Standardized Measure-WQ-2 would require that Project would incorporate BMPs that include but are not limited to stabilizing soil through mulching, hydroseeding, use of soil binders, or other means; temporary sediment control measures; and wind erosion control measures, reducing impacts associated with soil erosion. *NOT YET APPROVED* 26 d) Remaining Impact: Implementation of SM-WQ-2 specified above would reduce all potential impacts to less than significant. Impact GEO-C: Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse. Impact GEO-D: Would the project expose people or property to major geologic hazards that cannot be mitigated through the use of standard engineering design and seismic safety techniques. Unstable soils are present in the study area and the potential for lateral spreading in the Project area is high. a) Potential Impact. The impacts identified above are described and discussed in Section 2.2.3, Geology/Soils/Seismic/Topography, and Section 3.2.6, Geology and Soils, of the EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings. SM-GEO-1: The City of Palo Alto will adhere to current Caltrans Seismic Design Criteria (SDC) for bridge design and construction. c) Finding and Rationale: Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. SM-GEO-1 would ensure that the bridge is designed so as to reduce effects from earthquakes, and the potential for damage resulting from unstable soils, lateral spreading due to earthquake-induced liquefaction. d) Remaining Impact: Implementation of SM-GEO-1 specified above would reduce all potential impacts to less than significant. Hazardous Waste and Materials Impact HAZ-a: Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Impact HAZ-b: Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Impacts from lead contamination from paint could occur where reconstruction of the bridge involves disturbing or removing the existing paint, which could create a hazard to the public or to the environment during routine transport, use or disposal of hazardous materials or through upset and accident conditions. In addition, *NOT YET APPROVED* 27 construction activities could produce dust, which could expose workers or nearby residents and business occupants to lead via inhalation. a) Potential Impact. The impacts described above are discussed in Section 2.2.5, Hazardous Waste/Materials, and Section 3.2.8, Hazards and Hazardous Materials, of the EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings. MM-HAZ-1: Properly Dispose of and Abate Potential Lead-Based Paint. All paint will be treated as lead-containing for the purposes of complying with Division of Occupational Safety and Health worker safety requirements, which apply to all worksites where construction workers may be exposed to lead. The California Department of Transportation (Caltrans) and the City of Palo Alto will have all lead-based paint abated and removed by a licensed lead-based paint contractor. The licensed lead-based paint contractor shall dispose of all lead-based paint or coatings at landfills that meet acceptance criteria for the waste being disposed. MM-HAZ-2: Properly Handle and Dispose of Potentially Contaminated Soils and Materials Caltrans and the City of Palo Alto’s contractor shall stockpile soil generated by construction activities on site in a secure and safe manner. All contaminated soils determined to be hazardous or nonhazardous waste shall be adequately profiled (i.e., sampled and analyzed) prior to acceptable reuse or disposal at an appropriate offsite facility. Specific sampling, handling, and transport procedures for reuse or disposal shall be in accordance with applicable local, state, and federal agencies’ laws, in particular the Regional Water Quality Control Board, the Department of Toxic Substances Control, the City of Palo Alto, the City of East Palo Alto, Santa Clara County, and San Mateo County. Material from existing roadway or bridge elements that is removed or modified by the contractor will be handled and disposed of in accordance with all local, state, and federal requirements. c) Finding and Rationale. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. With implementation of the Mitigation Measures HAZ-1 and HAZ-2, impacts associated with the removal of lead-based paint and the presence of construction related dust that could be contaminated would be minimized through proper handling and disposal of paint and soil. Therefore, the impacts would be less than significant with mitigation incorporated. *NOT YET APPROVED* 28 d) Remaining Impact. Mitigation Measures HAZ-1 and HAZ-2 specified above would reduce all potential impacts to less than significant. Impact HAZ-g: Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. During construction of the Project, the existing Newell Road Bridge would be closed to vehicles, including emergency services. As a result, first responders would have to use other existing nearby crossings (University Avenue and West Bayshore Road). a) Potential Impact. The impact described above is discussed in Section 2.1.3, Utilities and Emergency Services, and Section 3.2.8, Hazards and Hazardous Materials, of the EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings. SM-TR-1: A Traffic Management Plan will be prepared by the Project proponent or its contractor. A Traffic Management Plan (TMP) will be prepared by the City of Palo Alto or its contractor (and approved by the City of Palo Alto), and will be implemented by the contractor during construction activities. The TMP will contain requirements for public noticing, traffic control implementation, signage, property and business access, parking, and safety during construction. It also will contain information about the construction schedule and detours. • Advance notice and coordination with businesses and property owners will be included in the TMP to minimize any potential temporary impacts on commute times. • Advance notice and coordination with emergency service providers will be included in the TMP to minimize any potential temporary impacts on response times. c) Finding and Rationale. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. With implementation of SM TR-1, advance notice and coordination with emergency service providers will be included in the Traffic Management Plan to minimize any potential temporary impacts on response times. Therefore, the impacts would be less than significant with mitigation incorporated. d) Remaining Impact. Implementation of SM-TR-1, as specified above would reduce all potential impacts to less than significant. *NOT YET APPROVED* 29 Hydrology and Water Quality Impact WQ-a. Violate any water quality standards or waste discharge requirements. Impact WQ-c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site. Impact WQ-d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. Impact WQ-e. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. Impact WQ-f. Otherwise substantially degrade water quality. During construction, potential short-term increases in turbidity would result from soil erosion and suspended solids being introduced into San Francisquito Creek from both in-water and land construction activities. As a result, temporary increases in turbidity may occur in the immediate area and potentially downstream. Therefore, these construction activities could violate water quality standards or waste discharge requirements related to turbidity since the waterbody is already impaired for sediment, and would have the potential to result in adverse effects on the physiology, behavior, and habitat of aquatic life. a) Potential Impact. The impacts described above are discussed in Section 2.2.2, Water Quality and Storm Water Runoff, and Section 3.2.9, Hydrology and Water Quality, of the EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings. SM-WQ-1: Implement National Pollutant Discharge Elimination System (NPDES) Permit and Construction General Permit Water Quality Measures. The Project will comply with the provisions of the California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Storm water NPDES Permit (Order No. R2- 2015-0049-DWQNPDES No. CAS612008) and the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Construction General Permit) Order No. 2009-0009-DWQ, NPDES No. CAS000002 as amended by 2010-0014-DWQ and 2012-0006-DWQ and any subsequent permits in effect at the time of construction. In addition, the City of Palo Alto and/or its construction contractor shall ensure the construction specifications include water quality protection and erosion and *NOT YET APPROVED* 30 sediment control BMPs to minimize construction-related contaminants and mobilization of sediment to San Francisquito Creek. The City will perform routine inspections of the construction area to verify the BMPs are properly implemented and maintained. SM-WQ-2: Prepare and Implement SWPPP. The project will comply with the Construction General Plan by preparing and implementing a SWPPP to address all construction-related activities, equipment, and materials that have the potential to impact water quality for the appropriate risk level. The SWPPP will identify the sources of pollutants that may affect the quality of stormwater and include BMPs to control the pollutants, such as sediment control, catch basin inlet protection, construction materials management, and non-storm water BMPs. All work must conform to the construction site BMP requirements specified in the latest edition of the Caltrans Construction Site Best Management Practices Reference Manual (California Department of Transportation 2011) to control and minimize the impacts of construction and construction-related activities, materials, and pollutants on the watershed. These include, but are not limited to, temporary sediment control, temporary soil stabilization, scheduling waste management, materials handling, and other non-stormwater BMPs. In addition, a temporary creek flow diversion will be installed prior to any construction to prevent sediments from washing downstream. Temporary BMPs will be selected and identified in the SWPPP to protect water bodies, within or near the project limits, from potential stormwater runoff resulting from construction activities. Temporary sediment and erosion control measures may include the following. • Fiber rolls and/or silt fences. • Gravel bag berm. • Rolled erosion-control product (e.g., netting). • Designated construction entrance/exit. • Re-establishment of vegetation or other stabilization measures (hydroseeding, mulch) on DSAs and newly constructed slopes. • Wind erosion control. c) Finding and Rationale. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. With implementation of SM-WQ-1 and SM-WQ-2, water quality protection measures would be implemented during construction to prevent or minimize sediment and suspended solids from entering the creek. In addition, the Project design would incorporate post-construction measures and other permanent erosion control elements to ensure that stormwater runoff would not cause soil erosion, and to reduce or avoid permanent impacts on water quality. Therefore, the impacts would be less than significant with mitigation incorporated. d) Remaining Impact. Implementation of SM-WQ-1 and SM-WQ-2, as specified above would reduce all potential impacts to less than significant. *NOT YET APPROVED* 31 Noise Impact NOI-a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. Impact NOI-b. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels. Impact NOI-c. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project. Noise from Project construction activities may intermittently dominate the noise environment in the immediate area of construction. Equipment operations associated with demolition and building activities would be a source of noise. Implementation of detours may increase noise in some areas as a result of temporarily diverted traffic. Noise increases during construction could be substantial at nearby residences. In addition, the operation of heavy equipment would generate localized groundborne vibration during construction of the Project. For construction activities of the bridge, a pile driver, which is considered to be impact equipment, would be required. The level of vibration generated by pile driving and transmitted to nearby structures would depend on the type of pile driver used and site-specific soil properties. Some existing homes are located 25 to 50 feet from where the pile driver could be operated, and under average soil conditions, those homes could be exposed to vibration levels in excess of the 0.3 and 0.4 inches per second PPV thresholds at which vibration may damage older residential structures and be severely perceptible to observers, respectively. Vibration impacts may also be potentially significant for homes located within approximately 50 feet of the construction site when the use of non-impact construction equipment (i.e., a large bulldozer) occurs. These residences could experience vibration levels as high as 0.089 inches per second PPV, which would exceed the threshold of perceptibility and could cause annoyance. a) Potential Impact. The impact described above is discussed in Section 2.2.7, Noise, and Section 3.2.12, Noise, of the EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings. SM-NOI-1. The City of Palo Alto’s construction contractor must comply with Caltrans Standard Specifications Section 14-8.02, Noise Control, which states the following: Control and monitor noise resulting from work activities. Do not exceed 86 A-weighted decibels (dBA) at 50 feet from the job site activities from 9:00 p.m. to 6:00 a.m. *NOT YET APPROVED* 32 SM-NOI-2: All equipment used by the City of Palo Alto’s contractor will have sound- control devices that are no less effective than those provided on the original equipment. No equipment will have an unmuffled exhaust. SM-NOI-3: The City of Palo Alto and/or its construction contractor will do the following. Review and ensure that construction activities are conducted in accordance with local noise standards from the cities of Palo Alto and East Palo Alto. Implement additional noise mitigation measures, including changing the location of stationary construction equipment, turning off idling equipment, rescheduling construction activity to allowed timeframes, notifying adjacent residents in advance of construction work, and installing acoustic barriers around stationary construction noise sources, as appropriate. MM-NOI-1: Provide advance notification of construction schedule and 24-hour hotline to residents. The City of Palo Alto’s construction contractor will provide advance written notification of the proposed construction activities to all residences and other noise- sensitive uses within 750 feet of the construction site. Notification will include a brief overview of the proposed project and its purpose, as well as the proposed construction activities and schedule. It will also include the name and contact information of the project manager at the City of Palo Alto or another City of Palo Alto representative or designee responsible for ensuring that reasonable measures are implemented to address the problem. MM-NOI-2: Designate a noise disturbance coordinator to address resident concerns. The City of Palo Alto’s construction contractor will designate a representative to act as construction noise disturbance coordinator, responsible for resolving construction noise concerns. The disturbance coordinator’s name and contact information will be included in the preconstruction notices sent to area residents, per MM-NOI-1. The coordinator will be available during regular business hours to monitor and respond to concerns; if construction hours are extended, the disturbance coordinator will also be available during the extended hours. In the event a noise complaint is received, she or he will be responsible for determining the cause of the complaint and ensuring that all reasonable measures are implemented to address the problem. MM-NOI-3: Install temporary noise barriers. As described in MM-NOI-1 and MM-NOI-2, the City of Palo Alto’s construction contractor will notify noise-sensitive land uses near the site of upcoming activity before construction begins, will require construction-site noise reduction measures, and will provide a 24-hour complaint hotline. If a resident or other noise-sensitive person submits a complaint about construction noise and the contractor is unable to reduce noise to a level that does not cause annoyance or disruption to adjacent land uses through other means, the contractor will install temporary noise barriers to reduce noise levels below the applicable construction noise *NOT YET APPROVED* 33 standard. Barriers will be installed as promptly as possible, and work responsible for the disturbance will be suspended or modified until barriers have been installed. The following minimum criteria will be required of the contractor. • The barrier will be 10 feet tall. It will surround the work area to block the line of sight for all diesel-powered equipment on the ground, as viewed from any private residence or any building. • The barrier will be constructed of heavyweight plywood (5/8 inch thick) or other material providing a Sound Transmission Classification of at least 25 dBA. Note that 5/8 inch is sufficiently thick to provide optimal noise buffering; increasing the thickness of the barrier above 5/8 inch would not provide a noticeable improvement in noise reduction. • The barrier will be constructed with no gaps or holes that would allow noise to transmit through the barrier. • To minimize reflection of noise toward workers at the construction site, the surface of the barrier facing the workers will be covered with a sound-absorbing material meeting a Noise Reduction Coefficient of at least 0.70. MM-NOI-4: Conduct construction vibration monitoring and implement control approach(es). During periods of construction, the City of Palo Alto’s construction contractor will retain a qualified acoustical consultant or engineering firm to conduct vibration monitoring at homes or occupied vibration-sensitive buildings located within 315 feet3 of pile driving locations and 25 feet of construction sites using other non- impact equipment. If at any point the measured PPV is in excess of 0.3 in/sec, construction activity will cease and alternative methods of construction and excavation will be considered to prevent possible exposure of vibration-sensitive buildings and structures to levels of 0.3 in/sec PPV or higher. Prior to construction activity, and assuming the property owner gives permission, a preconstruction survey will be conducted that documents any existing cracks or structural damage at vibration- sensitive receptors located within the distances identified above by means of color photography or video. Additionally, a designated complaint coordinator will be responsible for handling and responding to any complaints received during such periods of construction. The construction contractor will also implement a reporting program that will be required to document complaints received, actions taken, and the effectiveness of these actions in resolving disputes. c) Finding and Rationale. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. Construction noise is controlled by Caltrans Standard Specifications Section 14-8.02, Noise Control and local noise standards (see SM-NOI-1, SM-NOI-2, and 3 Beyond 315 feet, vibration from pile driving would attenuate to less than 0.4 inches per second and thus less than the distinctly perceptible threshold. *NOT YET APPROVED* 34 SM-NOI-3 in Section 2.2.7.4, Avoidance, Minimization, and/or Mitigation Measures) and with adherence to SM-NOI-1, SM-NOI-2, and SM-NOI-3, these potential impacts would be reduced. This potential impact would be further minimized through implementation of mitigation measures MM-NOI-1, MM-NOI-2, and MM-NOI-3, which would ensure that construction noise does not cause excessive increases in ambient noise levels at any noise-sensitive land uses. These mitigation measures would provide advance notice to nearby residences, designate a disturbance coordinator to handle resident complaints, and install noise barriers to further attenuate noise. Therefore, the impacts would be less than significant with mitigation incorporated. d) Remaining Impact. Implementation of MM-NOI-1, MM-NOI-2, MM-NOI-3, and MM- NOI-4, and SM-NOI-1, SM-NOI-2, and SM-NOI-3, as specified above, would reduce all potential impacts to less than significant. Transportation Impact TRA-a: Conflict with an applicable plan, ordinance, or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit Impact TRA-b: Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways a) Potential Impact. The impact identified above is described and discussed in Section 2.1.4, Traffic and Transportation/Pedestrian and Bicycle, and Section 3.2.16, Transportation/Traffic, of the EIR. b) Finding and Rationale. Table 2.1.4-2 shows the LOS and delay for diverted traffic from Newell Road Bridge to University Avenue during construction. The Woodland Avenue/University Avenue intersection would continue to operate at LOS D during the a.m. and p.m. peak periods. However, the East Crescent Drive/University Avenue intersection would operate at unacceptable LOS F and E during the a.m. and p.m. peak periods respectively, exceeding the CEQA delay threshold of 4 seconds. Although this would be a temporary impact, impacts are potentially significant during construction. There is no feasible mitigation to reduce this impact. It is not feasible to keep the bridge open during construction due to the constricted area surrounding the bridge. c) Remaining Impact. Significant and unavoidable. *NOT YET APPROVED* 35 Impact TRA-e: Result in inadequate emergency access. The existing Newell Road Bridge would be closed to vehicles, including emergency services. As a result, first responders would have to use other existing nearby crossings (University Avenue and West Bayshore Road). a) Potential Impact. The impact described above is discussed in Section 2.1.3, Utilities and Emergency Services, and Section 3.2.8, Hazards and Hazardous Materials, of the EIR. b) Mitigation Measures. The following mitigation measures will be adopted and will be implemented as provided in the MMRP, and as further described in the remainder of these findings. SM-TR-1: A Traffic Management Plan will be prepared by the Project proponent or its contractor. A Traffic Management Plan (TMP) will be prepared by the City of Palo Alto or its contractor (and approved by the City of Palo Alto), and will be implemented by the contractor during construction activities. The TMP will contain requirements for public noticing, traffic control implementation, signage, property and business access, parking, and safety during construction. It also will contain information about the construction schedule and detours. • Advance notice and coordination with businesses and property owners will be included in the TMP to minimize any potential temporary impacts on commute times. • Advance notice and coordination with emergency service providers will be included in the TMP to minimize any potential temporary impacts on response times. c) Finding and Rationale. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effect identified in the EIR. With implementation of SM TR-1, advance notice and coordination with emergency service providers will be included in the Traffic Management Plan to minimize any potential temporary impacts on response times. Therefore, the impacts would be less than significant with mitigation incorporated. d) Remaining Impact. Implementation of SM-TR-1, as specified above would reduce all potential impacts to less than significant. SECTION 3. Findings on Project Alternatives Feasibility of Project Alternatives Public Resources Code Section 21002 provides that “public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available *NOT YET APPROVED* 36 which would substantially lessen the significant environmental effects of [the] project.” Where a lead agency determines that, even after the adoption of all feasible mitigation measures, a project as proposed will still cause one or more significant environmental effects that cannot be substantially lessened or avoided, the agency, prior to approving the project as mitigated, must first determine whether there are any project alternatives that are feasible within the meaning of CEQA and that would substantially lessen or avoid the project's significant impacts. Although an EIR must evaluate this range of potentially feasible alternatives, a lead agency’s decision- making body may ultimately conclude that a potentially feasible alternative is actually infeasible. (California Native Plant Society v. City of Santa Cruz (2009) 177 Cal.App.4th 957, 1001-1002.) CEQA Guidelines Section 15126.6(f)(1) provides that among the factors that may be taken into account when addressing the feasibility of alternatives are “site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries, and whether the proponent can reasonably acquire, control or otherwise have access to the alternative site ….” Grounds for a conclusion of infeasibility might be the failure of an alternative to fully satisfy project objectives deemed to be important by decision-makers, or the fact that an alternative fails to promote policy objectives of concern to such decision-makers. (Id. at 992, 1000-1003.) The definition of feasibility encompasses “desirability” to the extent that an agency’s determination of infeasibility represents a reasonable balancing of competing economic, environmental, social, and technological factors supported by substantial evidence. (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417.) Thus, even if a project alternative will avoid or substantially lessen any of the significant environmental effects of a proposed project as mitigated, the decision-makers may reject the alternative for such reasons. CEQA Guidelines Section 15126.6(f) states that the range of alternatives required in an EIR is governed by a “rule of reason” that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. Further CEQA Guidelines Section 15126(a) requires that an EIR describe a reasonable range of alternatives that would “feasibly obtain most of the basic project objectives” but would avoid or substantially lessen any of the significant environmental effects of the project and evaluate the comparative merits of the alternatives. CEQA case law has further indicated that the lead agency has the discretion to determine how many alternatives constitute a “reasonable range” and that an EIR need not present alternatives that are incompatible with fundamental project objectives. Thus, the project objectives described in the EIR provided the framework for defining the possible alternatives. Based upon guidance contained in the CEQA Guidelines and applicable case law as well as the project objectives, the EIR considered four build alternatives including the proposed Project (referred to in the EIR as Build Alternative 2 (LPA): as well as the no project alternative (referred to as the No Build Alternative) as required by CEQA. The City Council finds that a good faith effort was made to evaluate a reasonable range of potentially feasible alternatives in the EIR that are reasonable alternatives to the project and could feasibly obtain most of the basic objectives of the project, even when the alternatives might impede the attainment of some of the project’s objectives. *NOT YET APPROVED* 37 There are no feasible build alternatives or mitigation that could substantially reduce or eliminate the identified significant transportation impact. Due to the constricted area surrounding the bridge, closure of Newell Road bridge is necessary for construction of any of the build alternatives. Therefore, the proposed project as well as all build alternatives would have a significant and unavoidable impact to traffic during construction. Alternatives to the Proposed Project A. No Project Alternative (No Build Alternative) 1. Description Under the No Project Alternative, no changes would be made to the existing bridge and approaches. No construction activities would occur and there would be no change in the operations of the existing facilities. 2. Comparison to Proposed Project Since the No Build Alternative would preserve the existing conditions, it would have a lesser environmental impact on all environmental resources, except hydrology. Therefore, the No Project Alternative is the environmentally superior alternative. At the same time, the No Project Alternative would not include the environmental benefits of the proposed Project, as discussed below and more fully in the EIR. 3. Finding Although there would be no new environmental impacts from the No Project Alternative, this alternative would not meet or achieve any of the project objectives. It would not include roadway improvements including new bike and pedestrian facilities, and thus would not improve safe pedestrian and bicycle access across the bridge, nor would it allow for improved vehicular safety. Under the No Project Alternative, the flooding risk along San Francisquito Creek would not be addressed. The existing bridge flow that can pass under is 6,600 cfs, which can handle the existing flow of 5,400 cfs, but would not be sufficient to handle the future natural creek flow of 7,500 cfs for the 70-year storm event. The two existing bridge restrictions within San Francisquito Creek would remain as 5,400 CFS and 6,600 CFS for Pope/Chaucer and Newell Road bridges, respectively, far below the natural creek flow capacity of 7,500 cfs. The No Project Alternative would also not include additional environmental benefits of the proposed Project, including, but not limited to, bank stabilization that would improve creek hydrology and water quality. In each of these respects, the No Project Alternative would not achieve the environmental and other benefits of the proposed project and the other build alternatives. *NOT YET APPROVED* 38 The No Project Alternative may be environmentally superior in a technical sense in that, without demolition of the bridge, it avoids the identified significant unavoidable impact that would occur during the construction period, and other potential impacts. However, as discussed above, this alternative would fail to achieve any of the project’s objectives and is therefore rejected as infeasible. B. Build Alternative 1 1. Description Under Build Alternative 1, the existing bridge would be demolished and replaced with a one-lane bridge with two-way traffic (under signal control) on the existing alignment of Newell Road. Bicycle access across the bridge would be via a shared vehicle/bicycle lane and would be subject to the traffic signal control for the bridge. Complete signalization of the intersections of Newell Road with Woodland Avenue and Edgewood Avenue would be required to control the direction of travel on the bridge and adjacent roadways. One additional signal would be provided for the sole residential driveway on the Palo Alto side of the bridge to indicate the direction of traffic on Newell Road at all times. 2. Comparison to Proposed Project Alternative 1 would result in longer delays at Newell Road/Woodland Avenue (North Leg) and Newell Avenue/Edgewood Drive compared to the proposed project and other build alternatives. The number of required easements would be similar to the proposed project and the anticipated impacts on paleontological resources would be less than significant, similar to the proposed project. Impacts to trees would be substantially similar to those under the proposed project. The area of disturbance would be the same (45,000 sf) but there would be less impervious surface added (666 sf versus 1,700 sf) because the single lane bridge would be narrower than a two-lane bridge. 3. Findings The City Council finds that Build Alternative 1 would not reduce any significant and unavoidable impact of the proposed project because closure of the existing bridge would be required for construction of Alternative 1, similar to the proposed project. Although this alternative would slightly reduce the total impervious surface of the project, it would permanently increase impacts on traffic, specifically at the Newell Road/Woodland Avenue (North Leg) and Newell Avenue/Edgewood Drive intersections. Build Alternative 1 would provide bicycle access across the bridge via shared vehicle/bicycle lanes (sharrows) (10-foot- wide travel lanes for vehicles and 4-foot-wide shoulders for bicyclists), similar to the proposed project. However, bicycles would only be allowed to travel in the *NOT YET APPROVED* 39 same direction as the vehicle traffic. Control of bicyclist movement would rely on the ability/willingness of bicyclists to obey the traffic signals at each intersection. Overall, although Alternative 1 meets the project objectives, it would not meet the objectives as well as the proposed project. Specifically, the installation of traffic signals and the change from a two-lane bi-directional bridge to a one-lane bi-directional bridge would be less desirable for multi-modal circulation. Bicyclists and vehicles would be required to stop at traffic lights, resulting in delays in comparison to the proposed project. Additionally, under Alternative 1 the replacement bridge would remain functionally obsolete in that the deck geometry would still not conform to Caltrans standards, and thus would not be eligible for Federal Highway Administration/Caltrans funding for bridge design and construction of Alternative 1. This funding is available only for improvement projects that address functionally obsolete roadways. For all of the above reasons, and each of them, this alternative is rejected as infeasible. C. Build Alternative 3 1. Description Under Build Alternative 3, the existing bridge would be demolished and replaced with a standard two-lane bridge (with stop signs) on a partial realignment of Newell Road. 2. Comparison to Proposed Project Under Alternative 3, Newell Road south of Woodland Avenue would be partially realigned (approximately 30 feet) so that the degree of offset between the existing north and south intersections with Woodland Avenue would be reduced compared to the existing condition. Because the alignment would change, Alternative 3 would involve disturbance of previously undisturbed soil in the area of the road alignment; therefore, impacts on sensitive paleontological resources would be more significant in comparison to the proposed project. requiring mitigation to reduce this impact to a less than significant level. Alternative 3 would affect the same number of trees as the proposed project, but would require removal of 2 more trees than in comparison to the proposed project. The area of disturbance would slightly increase and the area of impervious surface would also increase in comparison to the proposed project. Alternative 3 would also require at least one additional temporary easement. *NOT YET APPROVED* 40 3. Findings The City Council finds that Build Alternative 3 would not reduce any significant and unavoidable impact of the proposed project because closure of the existing bridge would be required for construction of Alternative 3, similar to the proposed project. This alternative would not reduce the degree of impacts of the proposed project. It would increase the degree of impacts on paleontological resources, necessitating mitigation to reduce impacts to a less than significant level. Additionally, because the bridge would be realigned, the total area of disturbance would slightly increase, resulting in slightly increased impacts to biological resources and resulting in the need for at least one additional easement. The total cost for construction of the project is also anticipated to increase in comparison to the proposed project. For these reasons, and each of them, this alternative is rejected. D. Build Alternative 4 1. Description Under Build Alternative 4, the existing bridge would be demolished and replaced with a standard two-lane bridge (with stop signs) on a full realignment of Newell Road. 2. Comparison to Proposed Project Newell Road south of Woodland Avenue would be fully realigned (approximately 90 feet) to eliminate the offset between the existing north and south intersections with Woodland Avenue. This would provide a standard four-way intersection at Newell Road and Woodland Avenue. Alternative 4 would increase overall soil disturbance, including increased impacts to intermittent stream and valley foothill riparian habitat, and increase the total impervious area in comparison to the proposed project. It would slightly increase permanent noise levels at the nearest sensitive receptors, and would permanently increase the overall visual impacts due to vegetation removal, including the removal of 6 more trees in comparison to the proposed project. Alternative 4 would also require approximately 100 additional feet of retaining wall in comparison to the proposed project. 3. Findings The City Council finds that this alternative would not reduce or avoid any significant impacts in comparison to the proposed project. It would increase the degree of impacts on paleontological resources, necessitating mitigation to reduce impacts to a less than significant level. Additionally, because the bridge *NOT YET APPROVED* 41 would be realigned, the total area of disturbance would slightly increase, resulting in slightly increased impacts to biological resources, and aesthetics, and resulting in the need for at least one additional easement. The total cost for construction of the project is also anticipated to increase in comparison to the proposed project. For these reasons, and each of them, this alternative is rejected. SECTION 4. Statement of Overriding Considerations The City Council adopts and makes the following Statement of Overriding Considerations regarding the significant, unavoidable impact of the project and the anticipated benefits of the Project. A. Significant Unavoidable Impact With respect to the foregoing findings and in recognition of those facts that are included in the record, the City has determined that the Project will result in a significant unmitigated impact to transportation as disclosed in the EIR, to wit: a temporary impact to the East Crescent Drive/University Avenue intersection would occur during construction of the Project. Specifically, while Newell Road bridge is closed, diverted traffic would cause the East Crescent Drive/University Avenue intersection to operate at unacceptable LOS F and E during the a.m. and p.m. peak periods respectively, exceeding the CEQA delay threshold of 4 seconds. The impact would not be reduced to a less than significant level by feasible mitigation or alternatives to the Project. B. Overriding Considerations After review of the entire administrative record, including, but not limited to, the EIR, the staff reports, applicant submittals, and the oral and written testimony and evidence presented at public hearings, the City Council finds that specific economic, legal, social, technological and other anticipated benefits of the Project outweigh the unavoidable adverse environmental impact, and therefore justify the approval of this Project. The City Council specifically adopts and makes this Statement of Overriding Considerations that this Project has eliminated or substantially lessened all significant effects on the environment where feasible (including the incorporation of feasible mitigation measures), and finds that the remaining significant, unmitigated or unavoidable impacts of the Project described above are acceptable because the benefits of the Project outweigh them. The City Council finds that each of the overriding considerations expressed as benefits and set forth below constitutes a separate and independent ground for such a finding. The Project will result in the following substantial benefits, which constitute the specific economic, legal, social, technological and other considerations that justify the approval of the Project. *NOT YET APPROVED* 42 C. Benefits of the Project 1. Improves safety for pedestrians, bicyclists, as well as motor vehicle drivers. The project will create designated lanes for vehicles and sidewalks for pedestrians. Bicyclists will continue to share the road but will now be in the appropriate directional lane. 2. Improves visibility for all modes of transportation by eliminating sight distance constraints caused by overgrown landscaping and steep roadway slope at the Woodland Avenue approach. 3. Replaces a 110-year-old, functionally obsolete bridge. The 18-foot wide bi-directional bridge continues to deteriorate; over the years the structure has been maintained by the cities of Palo Alto and East Palo Alto, and replacing it will eliminate the increased maintenance needs that result from an aging structure. 4. Improves circulation by standardizing the signing and striping on the bridge and adjacent streets consistent with current City and Caltrans standards. 5. Maintains the current bridge/roadway alignment while requiring all users to perform complete stops at the Woodland Avenue and Newell Road intersection. 6. Facilitates area-wide and regional bike and pedestrian multi-modal travel. The project is located near the recently completed East Palo Alto Bike and Pedestrian bridge that crosses over Highway 101, and will encourage regional multi-modal use. 7. Increases flow capacity within San Francisquito Creek from 6,600 CFS to 7,500 CFS, allows the conveyance flows from a 70-year storm event, thus reduces the flooding risks imposed by the existing bridge abutments within the creek. Higher flows would be allowed to pass, but under pressurized conditions. 8. This Project is part of a multi-agency effort to increase flow capacity within San Francisquito Creek. Replacing Newell Road Bridge will allow the replacement of the Pope/Chaucer Street bridge and in channel improvements thus avoiding future flooding and substantial property loss of the kind that occurred in 1998, the largest flood on record. 9. Provides the opportunity to add a new special feature, fiber and power lines to serve a creek level sensor and allow the community to monitor water levels during storm events. 10. Removes the abutments in San Francisquito Creek and restores a small section of the creek with more natural material. *NOT YET APPROVED* 43 SECTION 5. Mitigation Monitoring and Reporting Program (a) CEQA requires the lead agency approving a project to adopt a Mitigation Monitoring and Reporting Program (MMRP) for the changes made to the project that it has adopted in order to mitigate or avoid significant effects on the environment. An MMRP has been prepared and is recommended for adoption by the City Council concurrently with the adoption of these findings to ensure compliance with standard project requirements incorporated as part of the project and mitigation measures during Project implementation. As required by Public Resources Code section 21081.6, the MMRP designates responsibility and anticipated timing for the implementation of the mitigation measures recommended in the Final EIR. The MMRP will remain available for public review during the compliance period. (b) The City Council hereby adopts the MMRP for the Project attached hereto as Exhibit A and incorporated by reference, and finds, determines, and declares that the adoption of the MMRP will ensure enforcement and continued imposition of the mitigation measures recommended in the Final EIR, and set forth in the MMRP, in order to mitigate or avoid significant impacts on the environment. // // // // // // // // // // // *NOT YET APPROVED* 44 SECTION 6. Location and Custodian of Records The documents and other materials that constitute the record of proceedings on which the City Council based the foregoing findings and approval of the Project are located at the Department of Planning and Development Services, City Hall, 250 Hamilton Avenue, 5th Floor, Palo Alto, CA 94301. The official custodian of the record is the Planning Director at the same address. PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Assistant City Attorney City Manager _____________________________ Director of Public Works _____________________________ Director of Planning and Development Services Attachment C APPROVAL NO. 2018- RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR NEWELL ROAD BRIDGE REPLACEMENT PROJECT: ARCHITECTURAL REVIEW, ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL ASSESSEMENT, AND MITIGATION MONITORING AND REPORTING PLAN [FILE NO 19PLN-00130] On _________, 2020, the City Council certified the Environmental Impact Report and Approved the Mitigation Monitoring and Reporting Program as well as the Architectural Review application to allow for demolition of an existing two-lane bi-directional bridge on Newell Road between Woodland Avenue in East Palo Alto and Edgewood Drive in Palo Alto and construction of a new bridge along the same alignment making the following findings, determination, and declarations: SECTION 1. BACKGROUND. The City Council of the City of Palo Alto (“City Council”) finds, determines, and declares as follows: A. On April 17, 2019 the City of Palo Alto Public Works Engineering Division applied for Architectural Review [19PLN-00130] for the replacement of the existing Newell Road Bridge across San Francisquito Creek between Edgewood Drive in Palo Alto and Woodland Avenue in East Palo Alto. B. The project site includes work within public right-of-way along Newell Road and Woodland Avenue within the Cities of Palo Alto and East Palo Alto, as well as five private parcels, including: APN Nos. 063-515-370; 063-515-380; and 063-513-350 in East Palo Alto; APN No. 063-514-130 which spans Palo Alto and East Palo Alto within San Francisquito Creek; and APN 003-12-013, in Palo Alto. Work on property owned by the private entities require access/encroachment permits, which will be obtained by the City following adoption of the environmental analysis and approval of the Architectural Review application. Such permits are required as a condition of approval of the project, as outlined in Section 4 of this Record of Land Use Action. C. Following staff review, the Architectural Review Board (ARB) reviewed the project and considered the EIR/EA for the Newell Road Bridge Replacement Project as well as the Mitigation Monitoring and Reporting Plan (MMRP) and recommended adoption of the EIR/EA, approval of the MMRP, and approval of the Architectural Review application on May 7, 2020 subject to conditions of approval. D. On June 1, 2020, the City Council reviewed the project design, the EIR/EA and the MMRP. After hearing public testimony, the Council voted to approve the Architectural Review Application subject to the conditions set forth in Section 4 of this Record of Land Use Action. SECTION 2. ENVIRONMENTAL REVIEW. In conformance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), the City and the California Department of Transportation (Caltrans) prepared an Environmental Impact Report/Environmental Assessment (“EIR/EA”) to provide an assessment of the potential environmental consequences of approving and constructing the Project. A Draft EIR/EA was circulated for public review for a 60 day period from May 30, 2019 through July 30, 2019. A Final EIR/EA was prepared to respond to comments and published on April 24, 2020; the City Council certified and made related findings by resolution No ___ on June 1, 2020, prior to approval of the decision that is the subject of this RLUA. All mitigation measures as stated in the approved Mitigation Monitoring and Reporting Program (MMRP) have been incorporated into the conditions of approval. The MMRP is included in Exhibit A of this Record of Land Use Action. SECTION 3. ARCHITECTURE REVIEW BOARD FINDINGS. The design and architecture of the proposed improvements, as conditioned, complies with the Findings for Architectural Review as required in Chapter 18.76 of the PAMC. Finding #1: The design is consistent with applicable provisions of the Palo Alto Comprehensive Plan, Zoning Code, coordinated area plans (including compatibility requirements), and any relevant design guides. The project is consistent with Finding #1 because: The proposed project is consistent with the Comprehensive Plan and Bicycle and Pedestrian Transportation (BPTP) Plan. Table 1 includes an analysis of the projects consistency with applicable goals and policies outlined in the City of Palo Alto Comprehensive Plan and Table 2 includes an analysis of the project’s consistency with applicable goals and policies outlined in the City of Palo Alto BPTP. The project includes modifications to a bridge and City streets within the public right-of-way and therefore is not subject to zoning and land use restrictions for any specific zone district or land use designation. Some minor work on private properties would be necessary, primarily for temporary access to build retaining walls and guard rails along the shared property line between the public right-of-way and private properties. Although this roadway project is not subject to zoning regulations for a specific zone district, the project is designed to fit in with the adjacent area and would not create any conflicts with zoning requirements for adjacent parcels, which include single family residential (R-1[10,000]) zoned parcels in Palo Alto and Multiple family High Density Residential (R-HD-5) zoned parcels in East Palo Alto. There are no other coordinated area plans or relevant design guides adopted by the City of Palo Alto or East Palo Alto that are applicable to the project/project site. Therefore, the project is consistent with the Comprehensive Plan, Zoning code, and applicable design guides. Table 1: Analysis of Project’s Consistency with the City of Palo Alto Comprehensive Plan Comp Plan Goals and Policies How project adheres or does not adhere to Comp Plan The Comprehensive Plan land use designation for the site is Single-family Residential. The project consists of the replacement of an existing bridge within the public right-of-way with a new bridge in the same location that conforms to Caltrans standards for multi-modal transportation (vehicles, bicyclist, and pedestrians) and site distances. Land Use and Community Design Goal L-1: A compact and resilient city providing residents and visitors with attractive neighborhoods, work places, shopping districts, public facilities and open spaces. The proposed project provides the city with an attractive bridge, similar to the existing bridge. The bridge is designed to accommodate all modes of transportation and was designed in coordination with the ARB to meet the City’s Architectural Review Findings. Policy L-1.3: Infill development in the urban service area should be compatible with its surroundings and the overall scale and character of the city to ensure a compact, efficient development pattern. The proposed project is compatible with its surroundings and the overall scale and character of the city. It includes the replacement of an existing bridge in the same location but the new bridge is designed to accommodate multi-modal access. Policy L-2.2 Enhance connections between commercial and mixed use centers and the surrounding residential neighborhoods by promoting walkable and bikeable connections and a diverse range of retail and services that caters to the daily needs of residents. The project includes better pedestrian and bicycle connections between neighborhoods. Policy L-5.3. Design paths and sidewalks to be attractive and comfortable and consistent with the character of the area where they are located. This project would improve pedestrian facilities within this area by providing pedestrian access across San Francisquito Creek. Policy L-6.1: Promote high-quality design and site planning that is compatible with surrounding development and public spaces. The project would be compatible with surrounding development and public spaces because there would be no change in land use and it would provide better connections between neighborhoods. Goal L-9: Attractive, inviting public spaces and streets that enhance the image and character of the city. The project includes replacement of an existing bridge with a new bridge that allows for better connections between neighborhoods. The project would include landscaping and better pedestrian facilities, consistent with Goal L-9. Policy L-9.3. Treat residential streets as both public ways and neighborhood amenities. Provide and maintain continuous sidewalks, healthy street trees, benches and other amenities that promote walking and “active” transportation. The project allow for a continuous sidewalk crossing San Francisquito Creek, making the area safer for residents. Transportation Element Goal T-1: Create a sustainable transportation system, complemented by a mix of land uses, that emphasizes walking, bicycling, use of public transportation and other methods to reduce greenhouse gas emissions and the use of single- occupancy motor vehicles. The project improves circulation along a portion of Newell Road and would improve existing pedestrian and bike safety. Policy T-1.19: Provide facilities that encourage and support bicycling and walking The project improves existing pedestrian and bike safety and allow for better, safer multi-modal access between neighborhoods across San Francisquito Creek Goal T-3: Maintain an efficient roadway network for all users. The project provides safe access for pedestrians and bicyclists, encouraging multi-model transportation. Policy T-3.2: Enhance connections to, from and between parks, community centers, recreation facilities, libraries and schools for all users. The project improves existing pedestrian and bike connections between Palo Alto and East Palo Alto across San Francisquito Creek. Policy T-3.5: When constructing or modifying roadways, plan for use of the roadway by all users. The project improves bike, pedestrian, and automotive safety along a portion of Newell Road. Goal T-6: Provide a safe environment for motorists, pedestrians and bicyclists on Palo Alto Streets. Policy T-6.1: Continue to make safety the first priority of citywide transportation planning. Prioritize pedestrian, bicycle, and automobile safety over motor vehicle level of service at intersections and motor vehicle parking. Goal T-7: Provide mobility options that allow people who are transit dependent to reach their destinations. The project complies with Americans with Disabilities Act (ADA) requirements and would improve infrastructure to allow for all modes of transit to more safely utilize this bridge. Policy T-7.1: Support mobility options for all groups in Palo Alto who require transit for their transportation. Policy T-7.2: Utilize the principles of Universal Design, and local and State design standards, to guide the planning and implementation of transportation and parking improvement projects to ensure the needs of community members with limited mobility, including some seniors and people with disabilities, are addressed. Natural Environment Element Policy N-2.1: Recognize the importance of the urban forest as a vital part of the city’s natural and green infrastructure network that contributes to public health, resiliency, habitat values, appreciation of natural systems and an attractive visual character which must be protected and enhanced The EIR/EA requires replacement of the tree canopy at the ratios described in the East Palo Alto and Palo Alto Municipal codes for trees removed within their respective jurisdictions. Landscaping will be replaced, to the extent feasible, within the project area. Any trees that cannot be replaced within the project area will be replaced within the vicinity as required by the mitigation measures in the EIR/EA. Safety Element Policy S-2.8—Minimize exposure to flood hazards by protecting existing development from flood events and adequately reviewing proposed development in flood prone areas. The project is integral to flood control efforts for the region that are designed to better protect existing development from flood events. It removes the existing abutments within the creek, allowing for greater capacity to flow beneath Newell Road bridge. Program S2.8.3—Collaborate with the San Francisquito Creek Joint Powers Authority and the Santa Clara Valley Water District on environmentally-sensitive efforts to stabilize, restore, maintain and provide one percent (100-year) flood protection adjacent to San Francisquito Creek. The project is designed to accommodate the 70-year flood event to improve flood control within San Francisquito Creek. The project is specifically designed so as not to preclude future improvements that will work toward the 100-year flood protection. Program S2.8.4—Work with East Palo Alto, Santa Clara Valley Water District and San Francisquito Creek Joint Powers Authority on Replacement of Newell Road bridge with a bridge that allows for greater flow capacity will allow for upstream improvements planned by the SFCJPA, including efforts to increase the flows within the San Francisquito Creek. Possible solutions include replacing the City-owned Newell Road Bridge and District-owned Pope Chaucer Street Bridge. replacement of the Pope Chaucer Bridge. The replacement of these bridges is part of a series of solutions that work toward better flood control within San Francisquito Creek. Table 2: Analysis of the Project’s Consistency with the Bicycle and Pedestrian Transportation Plan BPTP Plan Objectives and Policies How project adheres or does not adhere to BPTP Objective 1: Double the rate of bicycling for both local and total work commutes by 2020 (to 15% and 5%, respectively). The project encourage bicycling and walking by providing better, safer access for multi-modal transportation across San Francisquito Creek. Objective 2: Convert discretionary vehicle trips into walking and bicycling trips in order to reduce City transportation-related greenhouse gas (GHG) emissions 15% by 2020. Objective 3: Develop a core network of shared paths, bikeways, and traffic-calmed streets that connects business and residential districts, schools, parks, and open spaces to promote healthy, active living. Objective 4: Plan, construct, and maintain ‘Complete Streets’ that are safe and accessible to all modes and people of all ages and abilities. The project furthers the objectives of providing complete streets by providing continuous sidewalks and sharrows. Policy T-1: Make land use decisions that encourage walking, biking, public transit use. The project encourages bicycling and walking by improving access for these modes of transportation. Policy T-25: When constructing or modifying roadways, plan for usage of the roadway space by all users, including motor vehicles, transit vehicles, bicyclists, and pedestrians The project plans for the use of roadway space by all modes of transportation. Policy T-42: Address the needs of people with disabilities and comply with the requirements of the Americans with Disabilities Act (ADA) during the planning and implementation of transportation and parking improvement projects. The project replaces the existing Newell Road bridge, which is not ADA compliant, with a new bridge that is ADA compliant. Finding #2: The project has a unified and coherent design, that: a. creates an internal sense of order and desirable environment for occupants, visitors, and the general community, b. preserves, respects and integrates existing natural features that contribute positively to the site and the historic character including historic resources of the area when relevant, c. is consistent with the context-based design criteria of the applicable zone district, d. provides harmonious transitions in scale, mass and character to adjacent land uses and land use designations, e. enhances living conditions on the site (if it includes residential uses) and in adjacent residential areas. The project is consistent with Finding #2 because: It enhances the existing conditions at the site by mitigating flood risk and impacts for nearby parcels; allowing for additional flood control projects to be constructed upstream of the project site; and by improving safety for bicyclists, pedestrians, and vehicles along Newell Road. There are no historical features at/immediately adjacent the site and there are no other context-based design criteria applicable to this area. Although the project would remove existing vegetation at the site, including mature trees and valley foothill woodland riparian habitat; Mitigation measures (MM) BIO-1 and MM BIO-2, which have been incorporated as conditions of approval of the project, require the replacement of the riparian habitat and tree canopy, respectively, consistent with California Department of Fish and Wildlife recommendations and the Cities of Palo Alto and East Palo Alto’s municipal codes. The bridge is designed to be as narrow as feasible while still meeting the Caltrans bridge design standards and the basic project objectives. The bridge is also designed to be as low as possible, while still meeting all applicable Caltrans bridge design standards and Federal Emergency Management Agency requirements. The proposed project assessed in the environmental analysis assumes a worst-case-scenario; however, City of Palo Alto Public Works Engineering is working in conjunction with wildlife and water resource agencies to identify creek bank stabilization measures that utilize bio- engineering techniques rather than hardscape. It is anticipated that these will be feasible and would be utilized to the extent feasible in order to improve the overall native riparian habitat within this area of San Franciquito Creek. Therefore, with implementation of the conditions of approval, the proposed project would be consistent with Finding 2. Finding #3: The design is of high aesthetic quality, using high quality, integrated materials and appropriate construction techniques, and incorporating textures, colors, and other details that are compatible with and enhance the surrounding area. The project is consistent with Finding #3 because: The project will utilize galvanized steel guardrails and cement, as is appropriate for a roadway project. The project minimizes the height and width of the bridge to the extent feasible, as discussed in Finding 2, while still meeting Caltrans bridge design standards and meeting all other applicable safety requirements. City of Palo Alto Public Works Engineering is working with wildlife agencies to reduce stream bank impacts by utilizing bio engineering techniques rather than hardscape for a more natural setting and channel. It has been verified that soil nail walls will not be required for the project. A landscaping plan has been developed for the replacement of trees within the public right-of-way and the City will work with private property owners to replace any landscaping removed within their property. Therefore, the project is consistent with Finding 3. Finding #4: The design is functional, allowing for ease and safety of pedestrian and bicycle traffic and providing for elements that support the building’s necessary operations (e.g. convenient vehicle access to property and utilities, appropriate arrangement and amount of open space and integrated signage, if applicable, etc.). The project is consistent with Finding #4 because: The project has been identified as a capital improvement PE-12011 in past capital improvement plans and the currently adopted 2020 Capital Improvement Plan. It is specifically designed to improve safety and connections for all modes of transportation and to mitigate flood risk within the City of Palo Alto and neighboring jurisdictions. Special consideration has been given to ensuring safety of all users by ensuring visibility around corners, providing signage, ensuring ADA accessibility, and ensuring that all aspects of the design are functional for a variety of users. Finding #5: The landscape design complements and enhances the building design and its surroundings, is appropriate to the site’s functions, and utilizes to the extent practical, regional indigenous drought resistant plant material capable of providing desirable habitat that can be appropriately maintained. The project is consistent with Finding #5 because: Consistent with MM BIO-1 and MM BIO-2, and in accordance with City of Palo Alto and SCVWD requirements for work adjacent stream banks, the landscape design utilizes native plants that are appropriate to the site. All plants that are proposed are drought tolerant. The landscaping is designed to avoid line-of-sight conflicts at the bridge approaches. Landscaping along the adjacent roads will ensure preservation of the pedestrian experience. Finding #6: The project incorporates design principles that achieve sustainability in areas related to energy efficiency, water conservation, building materials, landscaping, and site planning. The project is consistent with Finding #6 because: The project will use native, low water-use, drought resistant plants. In accordance with MM BIO-1 and BIO- 2, all existing vegetation will be replaced in accordance with City of Palo Alto, City of East Palo Alto and wildlife agency (California Department of Fish and Game and U.S. Fish and Wildlife Service) requirements. The City of Palo Alto Public Works Department will continue to work with wildlife agencies throughout the permitting process to improve the habitat within the creek bank as part of the proposed project. The project also provides a dedicated pedestrian and bicycle connection, which help to reduce the use of single- occupancy vehicles, which, in turn, helps to reduce emissions. Therefore, the project is consistent with Finding #6. SECTION 4. Conditions of Approval. PLANNING & DEVELOPMENT SERVICES 1. CONFORMANCE WITH PLANS. Construction and development shall conform to the approved plans entitled, "Newell Road Bridge Over San Francisquito Creek Replacement Project,” stamped as received by the City on January 27, 2020 on file with the Planning Department, 250 Hamilton Avenue, Palo Alto, California except as modified by these conditions of approval. 2. BUILDING PERMIT. Apply for a building permit and meet any and all conditions of the Planning, Fire, Public Works, and Building Departments. 3. BUILDING PERMIT PLAN SET. The approval letter, including all Department conditions of approval for the project, shall be printed on the plans submitted for building permit. 4. PROJECT MODIFICATIONS. All modifications to the approved project shall be submitted for review and approval prior to construction. If, during the Building Permit review and construction phase, the project is modified by the applicant, it is the responsibility of the applicant to contact the Planning Division/project planner directly to obtain approval of the project modification. It is the applicant’s responsibility to highlight any proposed changes to the project and to bring it to the project planner’s attention. 5. MITIGATION MONITORING AND REPORTING PROGRAM. The Mitigation Monitoring and Reporting Program associated with the project and attached here as Exhibit A is incorporated by reference and all mitigation measures shall be implemented as described in such document. 6. TEMPORARY AND PERMANENT EASEMENTS. Prior to issuance of the building permit, the City of Palo Alto Public Works Engineering Division shall work with applicable private property owners to obtain the necessary temporary easements for access to those properties, as identified in Table 1-3, Permanent ROW Acquisitions and Temporary Easements, of the Final EIR. Prior to final inspection, the City of Palo Alto Public Works Engineering Division shall work with all applicable private property owners and the City of East Palo Alto to record any permanent right-of-way acquisitions/access easements for future maintenance of the bridge and will record a maintenance agreement for the future repair of the bridge and associated improvements. 7. PLAQUE. Prior to approval, the building permit plans shall show the location and details of a plaque that identifies the bridge and acknowledges the effort involved by various agencies in replacing the bridge. The plaque may also reference associated projects along San Francisquito Creek. 8. FINAL INSPECTION. A Planning Division Final inspection will be required to determine substantial compliance with the approved plans prior to the scheduling of a Building Division final. Any revisions during the building process must be approved by Planning, including but not limited to; materials, landscaping and hard surface locations. Contact your Project Planner, Claire Raybould, at claire.raybould@cityofpaloalto.org to schedule this inspection. PUBLIC WORKS ENGINEERING The following comments are required to be addressed prior to any future related permit application such as a Building Permit, Excavation and Grading Permit, Certificate of Compliance, Street Work Permit, Encroachment Permit, etc. 9. OTHER PERMITS AND APPROVALS. Applicant shall provide evidence of Santa Clara Valley Water District (SCVWD), San Franciscquito Creek Joint Powers Authority (SFCJPA) and all other affected agencies and/or neighboring cities review/approval prior to issuance of any City permits. 10. STAGING. The access route to the staging area shall be prepared with material to minimize damage to the existing surface and shall be restored to original condition or as otherwise shown on the approved plans at the end of the project. 11. DEMOLITION PLAN. Place the following note adjacent to an affected tree on the Site Plan and Demolition Plan: “Excavation activities associated with the proposed scope of work shall occur no closer than 10-feet from the existing street tree, or as approved by the Urban Forestry Division contact 650-496-5953. Any changes shall be approved by the same”. 12. GRADING PERMIT. A separate Excavation and Grading Permit will be required for grading activities on private properties that fill, excavate, store or dispose of 100 cubic yards or more based on PAMC Section 16.28.060. The applicant shall prepare and submit an excavation and grading permit to Public Works separately from the building permit set. The permit application and instructions are available at the Development Center and on our website. http://www.cityofpaloalto.org/gov/depts/pwd/forms_and_permits.asp 13. GRADING & DRAINAGE PLAN. The building plan set must include a grading & drainage plan prepared by a licensed professional that includes existing and proposed spot elevations, earthwork volumes, finished floor elevations, area drain and bubbler locations, drainage flow arrows to demonstrate proper drainage of the site. Adjacent grades must slope away from the house a minimum of 2% or 5% for 10-feet per 2013 CBC section 1804.3. Downspouts and splashblocks should be shown on this plan, as well as any site drainage features such as swales, area drains, bubblers, etc. Grading that increases drainage onto, or blocks existing drainage from neighboring properties, will not be allowed. Public Works generally does not allow rainwater to be collected and discharged into the street gutter, but encourages the developer to keep rainwater onsite as much as feasible by directing runoff to landscaped and other pervious areas of the site. 14. PUBLIC WORKS STANDARDS CONDITIONS. The City's full-sized "Standard Conditions" sheet must be included in the building permit plan set. Copies are available from Public Works on our website: http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=67175.06&BlobID=66261 15. STORM WATER POLLUTION PREVENTION. The City's full-sized "Pollution Prevention - It's Part of the Plan" sheet must be included in the building and grading permit plan sets. Copies are available from Public Works on our website http://www.cityofpaloalto.org/civicax/filebank/documents/2732 16. LOGISTICS PLAN. The contractor shall submit a logistics plan with the building plan that addresses all impacts to the City of Palo Alto and City of East Palo Alto’s right-of-way, including, but not limited to: pedestrian control, traffic control, truck routes, material deliveries, contractor’s parking, concrete pours, crane lifts, work hours, noise control, dust control, storm water pollution prevention, contractor’s contact, noticing of affected surrounding properties, and schedule of work. https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=2719 PUBLIC WORKS UTILITIES DIVISION 17. UTILITY INSPECTOR. The applicant shall notify the Electric Utility Inspector prior to construction near any electric utility substructure. The inspector can be reached at 650-496-6977. 18. UNDERGROUND SERVICE ALERT. The contractor shall contact underground service alert (800) 227-2600 a minimum of 48 hours in advance of starting excavation to provide marking of underground utilities. 19. POTHOLING. Electric utilities found to be in proximity of the proposed work area shall be potholed. Verification by the Electric Utility Inspector is required. 20. CLEARANCE. The contractor shall maintain 12” clear, above and below from the existing utilities to new underground facilities. 21. UTILITY PROTECTION. The Applicant shall provide protection for utility lines that may be subject to damage. Exposed electric conduit or duct shall be inspected by the Electrical Utility Inspector prior to backfilling. 22. DISTRIBUTION LINES. Any extension or relocation of the existing distribution lines or equipment shall be done at customer/developer’s expense. 23. ELECTRICAL SYSTEM DAMAGE. The applicant’s contractor shall immediately notify the Utilities Department (650) 496-6914 if the existing electric system is damaged or disturbed. 24. UTILITIES OUTSIDE OF CPA. Overhead facilities on East Palo Alto side of the project are not part of the CPAU electric system. The applicant shall obtain all necessary approvals from Pacific Gas & Electric (PG&E) and follow applicable PG&E specifications for work on the electrical system outside of CPAU’s jurisdiction. PUBLIC WORKS URBAN FORESTRY DIVISION 25. HAND EXCAVATION. Regarding tree #3, 4, 22, 42, 54 and 57: As noted on sheet 19 of 22 in the 1/27/2020 submittal, roots of these tree will be excavated and assessed during demolition to determine the potential to retain these trees. Given the undetermined status of these trees as to be retained or removed, the following change should be made to the drawing set at building permit phase: all trees to be excavated by pneumatic and hand tool methods for the assessment of potential tree preservation, must be labeled as such on the plan drawing and in the legend, to clearly differentiate the trees to protect, remove and potentially preserve. 26. TREE PROTECTION. The owner and contractor shall implement all protection and inspection schedule measures, design recommendations and construction scheduling as stated in the TPR & Sheet T-1, and is subject to code compliance action pursuant to PAMC 8.10.080. The required protective fencing shall remain in place until final landscaping and inspection of the project. Project arborist approval must be obtained and documented in the monthly activity report sent to the City. The mandatory Contractor and Arborist Monthly Tree Activity Report shall be sent monthly to the City (pwps@cityofpaloalto.org) beginning with the initial verification approval, using the template in the Tree Technical Manual, Addendum 11. 27. TREE DAMAGE. Tree Damage, Injury Mitigation and Inspections apply to Contractor. Reporting, injury mitigation measures and arborist inspection schedule (1-5) apply pursuant to TTM, Section 2.20-2.30. Contractor shall be responsible for the repair or replacement of any publicly owned or protected trees that are damaged during the course of construction, pursuant to Title 8 of the Palo Alto Municipal Code, and city Tree Technical Manual, Section 2.25. 28. GENERAL. The following general tree preservation measures apply to all trees to be retained: No storage of material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area. The ground under and around the tree canopy area shall not be altered. Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. 29. TREE PROTECTION VERIFICATION. Prior to any site work verification from the contractor that the required protective fencing is in place shall be submitted to the Urban Forestry Section. The fencing shall contain required warning sign and remain in place until final inspection of the project. 30. EXCAVATION RESTRICTIONS APPLY (TTM, Sec. 2.20 C & D). Any approved grading, digging or trenching beneath a tree canopy shall be performed using ‘air-spade’ method as a preference, with manual hand shovel as a backup. For utility trenching, including sewer line, roots exposed with diameter of 1.5 inches and greater shall remain intact and not be damaged. If directional boring method is used to tunnel beneath roots, then Table 2-1, Trenching and Tunneling Distance, shall be printed on the final plans to be implemented by Contractor. FIRE DEPARTMENT 31. BRIDGE LOADING. The bridge shall support a 75,000 lbs fire apparatus. BUILDING DIVISION 32. SOIL REPORT. A soil report shall be required for the foundation design. WATERSHED PROTECTION DIVISION 33. MUNICIPAL STORMWATER PERMITS. All Bay Area Municipal Regional Stormwater Permit requirements shall be followed. 34. USE OF PESTICIDE. Add this bullet as a note to the building plans: “Do not use chemical fertilizers, pesticides, herbicides or commercial soil amendment. Use Organic Materials Review Institute (OMRI) materials and compost.” Refer to the BayFriendly Landscape Guidelines: http://www.stopwaste.org/resource/brochures/bayfriendly-landscape-guidelines-sustainable-practices- landscape-professional for guidance. 35. SOIL COMPACTION. Add this bullet as a note to the building plans: “Avoid compacting soil in areas that will be unpaved” 36. COVERAGE OF WASTE. Temporary and permanent waste, compost and recycling containers shall be covered to prohibit fly-away trash and having rainwater enter the containers. 37. SOIL CELLS AND BIOTREATMENT. Meet with PW Storm Drain Engineering, Urban Forestry and WPG to discuss potential soil cell and biotreatment soil mix implementation relative to any new trees being planted according to the landscape plan. UTILITILES- WATER, GAS, WASTEWATER 38. SERVICE CONNECTION APPLICATION. The applicant shall submit a completed water-gas-wastewater service connection application - loadsheet per unit for City of Palo Alto Utilities. The applicant must provide all the information requested for utility relocations. 39. UTILITY IMPROVEMENT PLANS. The applicant shall submit improvement plans for utility construction. The plans must show the size and location of all underground utilities within the development and the public right of way including meters, backflow preventers, fire service requirements, sewer mains, sewer cleanouts, sewer lift stations and any other required utilities. 40. RELOCATION OF UTILITY SERVICES. The approved relocation of services, meters, hydrants, or other facilities will be performed at the cost of the person/entity requesting the relocation. 41. UTILITY ABANDONMENT. All existing water and wastewater services that will not be reused shall be abandoned at the main per WGW utilities procedures. 42. PLACEMENT OF UTILITIES. Utility vaults, transformers, utility cabinets, concrete bases, or other structures cannot be placed over existing water, gas or wastewater mains/services. Maintain 1’ horizontal clear separation from the vault/cabinet/concrete base to existing utilities as found in the field. If there is a conflict with existing utilities, Cabinets/vaults/bases shall be relocated from the plan location as needed to meet field conditions. Trees may not be planted within 10 feet of existing water, gas or wastewater mains/services or meters. New water, gas or wastewater services/meters may not be installed within 10’ or existing trees unless otherwise approved by WGW Utilities. Maintain 10’ between new trees and new water, gas and wastewater services/mains/meters unless otherwise approved by WGW Utilities. 43. CPAU STANDARDS. All utility installations shall be in accordance with the City of Palo Alto current utility standards for water, gas & wastewater. SECTION 5. Term of Approval. Architectural Review Approval. The project approval shall be valid for a period of two years. In the event a building permit(s), if applicable, is not secured for the project within the time limit specified above, the Architectural Review approval shall expire and be of no further force or effect. Application for extension of this entitlement may be made prior to the one year expiration. PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Senior Assistant City Attorney Director of Planning and Development Services EXHIBIT A: MITIGATION MONITORING AND REPORTING PROGRAM TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed Community Impacts AMM-COM-1: The contractor will provide bilingual notification of construction activities including any utility disruptions to the local residents and businesses. Contractor. Prior to and during construction. City of Palo Alto; Caltrans. When construction is complete. AMM-COM-2: The contractor will maintain ongoing coordination with the Orthodox Jewish Community during pre-construction and construction of the Project. In the event that the poles supporting the eruv over Newell Road require moving during any period of construction when the bridge structure is in place and accessible to pedestrians, the contractor will take the following steps to ensure a temporary eruv is in place prior to any Friday evening. • The existing poles must be dug out completely so that they may be reused. • Temporary replacement shall be installed consisting of 20-foot conduits to be fastened to nearby structures. • Fishing line, or other unobtrusive wire, shall be fastened to the conduits to maintain the eruv alignment. Contractor. Prior to and during construction; prior to every Friday evening. City of Palo Alto; Caltrans. When construction is complete. AMM-COM-3: Access to all properties for property owners and users will be maintained by the contractor during construction. Contractor. During construction. City of Palo Alto; Caltrans. When construction is complete. Utilities/Emergency Services SM-UT-1: The contractor will provide bilingual notification of construction activities including any utility disruptions to the local residents and businesses. Contractor. Prior to and during construction. City of Palo Alto; Caltrans. When construction is complete. TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed Traffic and Transportation/Pedestrian and Bicycle Facilities SM-TR-1: A TMP will be prepared by the Project proponent or its contractor, approved by the City of Palo Alto, and will be implemented by the contractor during construction activities. The TMP will contain requirements for public noticing, traffic control implementation, signage, property and business access, parking, and safety during construction. It also will contain information about the construction schedule and detours. • Advance notice and coordination with businesses and property owners will be included in the TMP to minimize any potential temporary impacts on commute times. • Advance notice and coordination with emergency service providers will be included in the TMP to minimize any potential temporary impacts on response times. Contractor. Prior to and during construction. City of Palo Alto; Caltrans. Following approval of the TMP by the City of Palo Alto; when construction is complete. AMM-TR-1: Access along Edgewood Drive for the southeast resident’s driveway will be maintained by the contractor at all times during construction. Contractor. During construction. City of Palo Alto; Caltrans. When construction is complete. AMM-TR-2: On Woodland Avenue, the contractor will maintain one- lane of traffic to assure passage along Woodland Avenue during the majority of construction. When one-lane of traffic is not available a detour route will be identified. The construction zone will be established such that the maximum amount of existing parking is available in the area during non-construction hours.1 Access for all residents on Woodland Avenue in the study area will be maintained throughout the construction period. Contractor. During construction. City of Palo Alto; Caltrans. When construction is complete. 1 The allowed hours of construction are M-F 8-6PM, Sat 9AM-6PM in Palo Alto (Municipal Code 09.10.060) and M-F 7AM-6PM, Sat 9AM-5PM in East Palo Alto (Municipal Code 15.04.125), and both jurisdictions prohibit construction activities on Sunday/Holidays, TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed AMM-TR-3: The City of Palo Alto shall coordinate with the City of East Palo Alto to identify nearby locations including private parcels where additional parking accommodations can be provided during construction. City of Palo Alto. During construction. City of Palo Alto; Caltrans. When construction is complete. AMM-TR-4: During stages 2, 3, and 4 of construction, the contractor will make accommodations for nighttime parking during non- construction hours. This would include opening the work zone up for residents to park at night and utilizing head-in (perpendicular) parking rather than parallel parking in these areas. Contractor. During stages 2, 3, and 4 of construction. City of Palo Alto; Caltrans. When construction is complete. Visual/Aesthetics MM-AES-1: Install Visual Barriers between Construction Work Areas and Sensitive Receptors. The contractor shall install visual barriers to obstruct undesirable views of construction activities and staging areas from sensitive receptors, namely residents and viewers on neighborhood sidewalks and streets, which are located adjacent to the construction site. The visual barrier may be chain link fencing with privacy slats, fencing with windscreen material, wood, or other similar barrier. The visual barrier shall be a minimum of six (6) feet high to help to maintain the privacy of residents and block long-term ground- level views toward construction activities. While this visual barrier would introduce a visual intrusion, it would greatly reduce the visual effects associated with visible construction activities and screening construction activities and protecting privacy is deemed desirable by residents. The contractor shall also provide daily visual inspections to ensure the immediate surroundings of construction staging areas are free from construction-related clutter and to maintain the areas in a clean and orderly manner throughout the construction period. Contractor. Daily during construction. City of Palo Alto; Caltrans; contractor to monitor on a daily basis. When construction is complete. MM-AES-2: Replace or Relocate Site Features and Landscaping Affected by the Project. Where appropriate and to the degree Contractor. Following completion of City of Palo Alto. When construction is TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed possible, the contractor will relocate, replace, or restore in kind landscaping and related appurtenances, such as fencing, driveway gates, and similar features that would be removed from private properties as a result of construction to reduce visual impacts and to maintain the quality of views from neighborhood roadways and sidewalks. If the site cannot accommodate this relocation or replacement, then the Project proponent will compensate parcel owners for site features (e.g., fencing, mailboxes, driveway gates) and landscaping that would be removed or damaged as a result of the Project. Replacement of site features and landscaping would be of value at least equal to that of existing features. construction. complete. MM-AES-3: Implement Project Design Aesthetics. The City of Palo Alto will implement an aesthetic design treatment with a consistent motif for new structures such as retaining walls, bridge sides, fencing, and wing walls. Choosing earth-toned colors for the surfaces would be less distracting to viewers than light or brightly colored surfaces. The shade of the wall will also be carefully considered to complement the project setting. However, studies have shown that structures two (2) to three (3) degrees darker than the color of the general surrounding area have the ability to complement the surrounding vegetation and create less of a visual impact than matching or lighter hues (U.S. Bureau of Land Management 2008). Safety barriers and fencing will be chosen, and could be plastic, powder, or vinyl coated with colors selected using the U.S. Bureau of Land Management selection techniques to make fences to appear more see-through than non- treated, light grey fencing that acts as a visual barrier to a degree. The design of the bridge will be reviewed and approved by the City of Palo Alto Architectural Review Board. The Architectural Review Board is a recommending body that reviews projects and provides recommendations to the Director of Planning or Council. The Project would require Architectural Review in accordance with Palo Alto City of Palo Alto. During final design. City of Palo Alto Architectural Review Board. Following approval of the aesthetic design treatments and bridge design. TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed Municipal Code Section 18.76.020. The Architectural Review Board reviews the project for consistency with a series of findings outlined in the municipal code relating to aspects such as compatibility with the immediate environment of the site; compatibility with the design character of the surrounding area; harmonious transitions in scale and character in areas between different designated land uses; internal sense of order; amount and arrangement of open space; integration of natural features; and appropriate materials, textures, colors and details of construction and plant material. Although some architectural refinements may be expected as the Architectural Review Board process proceeds, such refinements are not expected to change the impact conclusions in this environmental analysis. MM-AES-4: Implement Project Streetscaping and Plantings along Top of Creek Bank. Streetscaping and planting native vegetation at the tops of the creek’s banks will improve the visual quality of the roadway corridor by improving corridor aesthetics. The City of Palo Alto will select street tree species from the Cities’ approved list of street trees or will be selected to match existing street trees in close proximity to the Project corridor and in compliance with the Urban Forest Master Plan2, Palo Alto Tree Technical Manual3 and East Palo Alto’s Development Code. Replacement street trees shall have attributes that are at least equivalent to the trees that are removed or that provide a higher degree of aesthetic benefit such as better fall color, interesting bark, or less tree litter. Tree and shrub plantings along the tops of the creek’s banks will be installed where space allows and will utilize native plant species that are indigenous to the riparian corridor. Low-lying evergreen and deciduous shrubs and groundcovers, such as Ceanothus spp., and an herbaceous understory City of Palo Alto. Select tree species during final design; plant landscaping within the first six (6) months following Project completion, and maintenance during project operation. City of Palo Alto; Caltrans. Following selection of tree species, planting of landscaping, and ongoing during project operation to ensure survival. 2 Available: https://www.cityofpaloalto.org/civicax/filebank/documents/36187 3 Available: http://www.cityofpaloalto.org/civicax/filebank/documents/6436 TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed will also be planted. Plant variety will increase the effectiveness of the streetscape by providing multiple layers, seasonality, and reduced susceptibility to disease. Special attention should be paid to plant choices to prevent driving hazards by obscuring site distances. Vegetation shall be planted within the first six (6) months following Project completion. An irrigation and maintenance program will be implemented during the plant establishment period and carried on, as needed, to ensure plant survival. However, design of the landscaping plan will try to maximize the use of planting zones that are water efficient. The design may also incorporate aesthetic features, such as a cobbling swales or shallow detention areas, which can reduce or eliminate the need for irrigation in certain areas. MM-AES-5: Apply minimum lighting standards. The contractor and the City of Palo Alto will limit all artificial outdoor lighting to safety and security requirements, designed using Illuminating Engineering Society’s design guidelines, and in compliance with International Dark-Sky Association approved fixtures. All lighting is designed to have minimum impact on the surrounding environment and will use downcast, cut-off type fixtures that are shielded and direct the light only towards objects requiring illumination. Therefore, lights will be installed at the lowest allowable height and cast low-angle illumination while minimizing incidental light spill onto adjacent properties, the creek corridor, or backscatter into the nighttime sky. Shielding will also be employed for traffic signals. Light fixtures will have non-glare finishes that will not cause reflective daytime glare. Lighting will be designed for energy efficiency and have daylight sensors or be timed with an on/off program. LED lighting will avoid the use of blue-rich white light lamps and use a correlated color temperature that is no higher than 3,000 Kelvin, consistent with the International Dark-Sky Associations Fixture Seal of Approval program (International Dark-Sky Association 2010a, 2010b, Contractor. During construction. City of Palo Alto; Caltrans. When construction is complete. TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed 2015). In addition, LED lights will use shielding to ensure nuisance glare and that light spill does not affect sensitive residential viewers. Technologies to reduce light pollution evolve over time and design measures that are currently available may help but may not be the most effective means of controlling light pollution once the project is designed. Therefore, all design measures used to reduce light pollution will employ the technologies available at the time of project design to allow for the highest potential reduction in light pollution. Lastly, due to the short bridge length, jurisdiction limitations, and in an effort to provide a sidewalk free of obstructions, lighting is not currently proposed on the bridge. On the East Palo Alto side, electrical services are provided by Pacific Gas and Electric and would need to be slightly relocated to accommodate a wider bridge. On the Palo Alto side, an existing light will be replaced along Newell Road, due to the change in grade, in approximately the same location. The relocated light would be less than 80-feet away from the bridge. It is not anticipated that additional lighting would be needed on the bridge. If an additional light is needed in the vicinity, a City standard light could be added on the roadway on the Palo Alto side. This light, if needed, as well as the other lights being replaced would be required to conform to City standards. Cultural Resources SM-CUL-1: If cultural materials are discovered during construction, the contractor will cease all earth-moving activity within and around the immediate discovery area until a qualified archaeologist can assess the nature and significance of the find and recommend/implement appropriate data collection/recovery activities. Contractor; qualified archaeologist. During construction. City of Palo Alto; Caltrans. When appropriate data collection/ recovery activities have been recommended and implemented. TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed SM-CUL-2: If human remains are discovered, State Health and Safety Code Section 7050.5 states that the contractor will stop further disturbances and activities in any area or nearby area suspected to overlie remains, and the contractor will contact the County Coroner. Pursuant to PRC Section 5097.98, if the remains are thought to be Native American, the coroner will notify the NAHC, which will then notify the MLD. At this time, the person who discovered the remains will contact the District 4 Cultural Resources Studies Office so that they may work with the MLD on the respectful treatment and disposition of the remains. Further provisions of PRC Section 5097.98 are to be followed as applicable. Contractor. During construction. City of Palo Alto; Caltrans; County Coroner; Most Likely Descendent (if applicable). When the County Coroner and Most Likely Descendent (if applicable) have been contacted. Water Quality and Storm Water Runoff SM-WQ-1: Implement NPDES Permit and Construction General Permit Water Quality Measures. The Project will comply with the provisions of the California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Storm water NPDES Permit (Order No. R2-2015-0049-DWQNPDES No. CAS612008) and the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Construction General Permit) Order No. 2009-0009-DWQ, NPDES No. CAS000002 as amended by 2010-0014-DWQ and 2012-0006-DWQ and any subsequent permits in effect at the time of construction. In addition, the Project proponent and/or their construction contractor shall ensure the construction specifications include water quality protection and erosion and sediment control BMPs to minimize construction-related contaminants and mobilization of sediment to San Francisquito Creek. The Project proponent will perform routine inspections of the construction area to verify the BMPs are properly implemented and maintained. Contractor. During construction. City of Palo Alto; Caltrans. When construction is complete. TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed SM-WQ-2: Prepare and Implement SWPPP. The project will comply with the Construction General Plan by preparing and implementing a SWPPP to address all construction-related activities, equipment, and materials that have the potential to impact water quality for the appropriate risk level. The SWPPP will identify the sources of pollutants that may affect the quality of storm water and include BMPs to control the pollutants, such as sediment control, catch basin inlet protection, construction materials management, and non-storm water BMPs. All work must conform to the construction site BMP requirements specified in the latest edition of the Caltrans Construction Site Best Management Practices Reference Manual (California Department of Transportation 2011) to control and minimize the impacts of construction and construction-related activities, materials, and pollutants on the watershed. These include, but are not limited to, temporary sediment control, temporary soil stabilization, scheduling waste management, materials handling, and other non-storm water BMPs. In addition, a temporary creek flow diversion will be installed prior to any construction to prevent sediments from washing downstream. Temporary BMPs will be selected and identified in the SWPPP to protect water bodies, within or near the project limits, from potential storm water runoff resulting from construction activities. Temporary sediment and erosion control measures may include the following. • Fiber rolls and/or silt fences. • Gravel bag berm. • Rolled erosion-control product (e.g., netting). • Designated construction entrance/exit. • Re-establishment of vegetation or other stabilization measures (hydroseeding, mulch) on DSAs and newly constructed slopes. • Wind erosion control. Contractor. During construction. City of Palo Alto; Caltrans. When construction is complete. TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed AMM-WQ-1: Flood Capacity. The City of Palo Alto will not reduce the flood capacity of existing drainage or water conveyance features within the Project study area during construction or operation in a way that causes ponding or flooding during storm events. City of Palo Alto. During construction and operation. City of Palo Alto; Caltrans. When construction is complete and ongoing during Project operations. AMM-WQ-2: Limit Stream Bank Construction to Dry Season. The contractor will limit stream bank construction from June 1 to October 15 in order to avoid the migratory season for adult steelhead and to limit any excess sedimentation and runoff from entering San Francisquito Creek. The Project proponent will compensate for temporary construction- related loss of valley foothill riparian habitat by replanting trees in the temporarily disturbed area after completion of the construction activities and before October 15 to minimize erosion and sedimentation into San Francisquito Creek. The Project proponent will compensate for the permanent loss of riparian vegetation by planting riparian trees at a minimum ratio of 3:1 (three trees planted for every one tree removed) in the project vicinity as determined appropriate by a qualified biologist and Project proponent. This ratio and the location will be confirmed through coordination with the Project proponent and other agencies as part of the permitting process for the Project. Contractor; City of Palo Alto; qualified biologist. During construction. City of Palo Alto; Caltrans. When construction is complete. Geology/Soils/Seismic/Topography SM-GEO-1: The City of Palo Alto will adhere to current Caltrans SDC for bridge design and construction. City of Palo Alto. During final design. Caltrans. When the bridge is fully designed. Paleontology MM-PA-1: Educate workers, stop work in case of discovery of Contractor; During City of Palo Alto; Following TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed paleontological resources, and Prepare and Implement a Recovery Plan. Given the potential for paleontological resources to be present in construction areas at ground surface and at excavation depths below 5 feet in sensitive geologic units in the Project area, the following measures will be undertaken to avoid any potentially significant effect from the improvements on paleontological resources. Before the start of any excavation, the California Department of Transportation (Caltrans) and the City of Palo Alto will retain a qualified paleontologist, as defined by the Society of Vertebrate Paleontology. If paleontological resources are discovered during earthmoving activities, the construction crew will immediately cease work near the find and notify Caltrans and the City of Palo Alto. Construction work in the affected areas will remain stopped or be diverted to allow recovery of fossil remains in a timely manner. Caltrans and the City of Palo Alto will retain a qualified paleontologist to evaluate the resource and prepare a recovery plan in accordance with Society of Vertebrate Paleontology guidelines (Society of Vertebrate Paleontology 2010). The recovery plan may include a field survey, construction monitoring, sampling and data recovery procedures, museum storage coordination for any specimen recovered, and a report of findings. Recommendations in the recovery plan that are determined by Caltrans and the City of Palo Alto to be necessary and feasible will be implemented before construction activities can resume at the site where the paleontological resources were discovered. Caltrans and the City of Palo Alto will be responsible for ensuring that the paleontologist’s recommendations regarding treatment and reporting are implemented. qualified paleontologist. excavation depths below 5 feet. Caltrans. approval of a recovery plan and implementation of treatment and reporting (if required). Hazardous Waste/Materials MM-HAZ-1: All paint will be treated as lead-containing for the purposes of complying with Division of Occupational Safety and Health Licensed lead- based paint During all removal of paint City of Palo Alto; Caltrans. Following removal of all TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed worker safety requirements, which apply to all worksites where construction workers may be exposed to lead. The California Department of Transportation (Caltrans) and the City of Palo Alto will have all lead-based paint abated and removed by a licensed lead-based paint contractor. The licensed lead-based paint contractor shall dispose of all lead-based paint or coatings at landfills that meet acceptance criteria for the waste being disposed. contractor. during construction. paint during construction. MM-HAZ-2: Caltrans and the contractor shall stockpile soil generated by construction activities on site in a secure and safe manner. All contaminated soils determined to be hazardous or nonhazardous waste shall be adequately profiled (i.e., sampled and analyzed) prior to acceptable reuse or disposal at an appropriate offsite facility. Specific sampling, handling, and transport procedures for reuse or disposal shall be in accordance with applicable local, state, and federal agencies’ laws, in particular the Regional Water Quality Control Board, the Department of Toxic Substances Control, the City of Palo Alto, the City of East Palo Alto, Santa Clara County, and San Mateo County. Material from existing roadway or bridge elements that is removed or modified by the Contractor will be handled and disposed of in accordance with all local, state, and federal requirements. Contractor. During construction. City of Palo Alto; Caltrans. When construction is complete. Air Quality SM-AQ-1: Implement California Department of Transportation Standard Specifications • The Project applicant will comply with California Department of Transportation Standard Specifications in Section 14-9 Air Quality (2010). • Section 14-9.02 specifically requires compliance by the contractor with all applicable laws and regulations related to air quality, including air pollution control district and air quality management Contractor. During construction. City of Palo Alto; Caltrans. When construction is complete. TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed district regulations and local ordinances. • Section 14-9.03 is directed at controlling dust. If dust palliative materials other than water are to be used, material specifications are contained in Section 18. SM-AQ-2: Implement BAAQMD Basic Control Measures to Control Construction-Related Dust • In accordance with the BAAQMD’s current Air Quality Guidelines (Bay Area Air Quality Management District 2011), the Project applicant will implement the following BAAQMD-recommended control measures to reduce particulate matter emissions from construction activities. • All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) will be watered two times per day by the contractor. • All haul trucks transporting soil, sand, or other loose material off site will be covered by the contractor. • All visible mud or dirt track-out onto adjacent public roads will be removed using wet power vacuum street sweepers at least once per day by the contractor. The use of dry power sweeping is prohibited. • The contractor will limit all vehicle speeds on unpaved roads to 15 miles per hour. • The contractor will complete all roadways, driveways, and sidewalks to be paved as soon as possible. • The contractor will post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person will respond and take corrective action within 48 hours. The Air District’s phone number will also be visible to ensure compliance with applicable regulations. Contractor. During construction. City of Palo Alto; Caltrans. When construction is complete. TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed MM-AQ-1: Utilize clean diesel-powered equipment during construction to control construction-related NOx emissions. The construction contractor will ensure that all off-road diesel-powered equipment used during construction is equipped with EPA Tier 4 Final engines. Contractor. During construction. City of Palo Alto; Caltrans. When construction is complete. Noise SM-NOI-1: The construction contractor must comply with Caltrans Standard Specifications Section 14-8.02, Noise Control, which states the following: • Control and monitor noise resulting from work activities. • Do not exceed 86 dBA at 50 feet from the job site activities from 9:00 p.m. to 6:00 a.m. Contractor. During construction. City of Palo Alto; Caltrans. When construction is complete. SM-NOI-2: All equipment used by the contractor will have sound- control devices that are no less effective than those provided on the original equipment. No equipment will have an unmuffled exhaust. Contractor. During construction. City of Palo Alto; Caltrans. When construction is complete. SM-NOI-3: The Project proponent and/or their construction contractor will do the following. • Review and ensure that construction activities are conducted in accordance with local noise standards from the cities of Palo Alto and East Palo Alto. • Implement additional noise mitigation measures, including changing the location of stationary construction equipment, turning off idling equipment, rescheduling construction activity to allowed timeframes, notifying adjacent residents in advance of construction work, and installing acoustic barriers around stationary construction noise sources, as appropriate. Contractor. During construction. City of Palo Alto; Caltrans. When construction is complete. MM-NOI-1: Provide advance notification of construction schedule and 24-hour hotline to residents Contractor. Prior to construction City of Palo Alto; Caltrans. When construction is TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed The construction contractor will provide advance written notification of the proposed construction activities to all residences and other noise-sensitive uses within 750 feet of the construction site. Notification will include a brief overview of the proposed project and its purpose, as well as the proposed construction activities and schedule. It will also include the name and contact information of the project manager at the City of Palo Alto or another City of Palo Alto representative or designee responsible for ensuring that reasonable measures are implemented to address the problem. activities and during construction. complete. MM-NOI-2: Designate a noise disturbance coordinator to address resident concerns The construction contractor will designate a representative to act as construction noise disturbance coordinator, responsible for resolving construction noise concerns. The disturbance coordinator’s name and contact information will be included in the preconstruction notices sent to area residents, per MM-NOI-1. The coordinator will be available during regular business hours to monitor and respond to concerns; if construction hours are extended, the disturbance coordinator will also be available during the extended hours. In the event a noise complaint is received, she or he will be responsible for determining the cause of the complaint and ensuring that all reasonable measures are implemented to address the problem. Contractor; construction noise disturbance coordinator. During construction. City of Palo Alto; Caltrans. When construction is complete. MM-NOI-3: Install temporary noise barriers. As described in MM- NOI-1 and MM-NOI-2, the construction contractor will notify noise- sensitive land uses near the site of upcoming activity before construction begins, will require construction-site noise reduction measures, and will provide a 24-hour complaint hotline. If a resident or other noise-sensitive person submits a complaint about construction noise and the contractor is unable to reduce noise to a level that does not cause annoyance or disruption to adjacent land Contractor. During construction following noise complaint that cannot be resolved. City of Palo Alto; Caltrans. When construction is complete. TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed uses through other means, the contractor will install temporary noise barriers to reduce noise levels below the applicable construction noise standard. Barriers will be installed as promptly as possible, and work responsible for the disturbance will be suspended or modified until barriers have been installed. The following minimum criteria will be required of the contractor. • The barrier will be 10 feet tall. It will surround the work area to block the line of sight for all diesel-powered equipment on the ground, as viewed from any private residence or any building. • The barrier will be constructed of heavyweight plywood (5/8 inch thick) or other material providing a Sound Transmission Classification of at least 25 dBA. Note that 5/8 inch is sufficiently thick to provide optimal noise buffering; increasing the thickness of the barrier above 5/8 inch would not provide a noticeable improvement in noise reduction. • The barrier will be constructed with no gaps or holes that would allow noise to transmit through the barrier. To minimize reflection of noise toward workers at the construction site, the surface of the barrier facing the workers will be covered with a sound-absorbing material meeting a Noise Reduction Coefficient of at least 0.70. MM-NOI-4: Conduct construction vibration monitoring and implement control approach(es). During periods of construction, the construction contractor will retain a qualified acoustical consultant or engineering firm to conduct vibration monitoring at homes or occupied vibration-sensitive buildings located within 315 feet4 of pile driving locations and 25 feet of construction sites using other non-impact equipment. If at any point the measured PPV is in Contractor; qualified acoustical consultant or engineering firm; complaint coordinator. Prior to and during construction. City of Palo Alto; Caltrans. When construction is complete. 4 Beyond 315 feet, vibration from pile driving would attenuate to less than 0.4 inches per second and thus less than the distinctly perceptible threshold. TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed excess of 0.3 in/sec, construction activity will cease and alternative methods of construction and excavation will be considered to prevent possible exposure of vibration-sensitive buildings and structures to levels of 0.3 in/sec PPV or higher. Prior to construction activity, and assuming the property owner gives permission, a preconstruction survey will be conducted that documents any existing cracks or structural damage at vibration-sensitive receptors located within the distances identified above by means of color photography or video. Additionally, a designated complaint coordinator will be responsible for handling and responding to any complaints received during such periods of construction. The construction contractor will also implement a reporting program that will be required to document complaints received, actions taken, and the effectiveness of these actions in resolving disputes. Natural Communities AMM-BIO-1: Install Construction Barrier Fencing around Environmentally Sensitive Areas. The Project proponent or its contractor will install orange construction barrier fencing to identify environmentally sensitive areas in and adjacent to the construction area. A qualified biologist will identify sensitive biological resources adjacent to the construction area before the final design plans are prepared so that the areas to be fenced can be included in the plans. The area that would generally be required for construction, including staging and access, is shown in Figure 2.3-1. Portions of this area that are to be avoided during construction will be fenced off to avoid disturbance. Sensitive biological resources that occur adjacent to the construction area include sensitive natural communities and protected trees to be retained. Temporary fences around the environmentally sensitive areas will be installed as one of the first orders of work following California Department of Transportation (Caltrans) Contractor; qualified biologist. Identify the sensitive biological resources on plans during final design; prior to and during construction. City of Palo Alto; Caltrans. When construction is complete. TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed specifications. Before construction, the construction contractor will work with the Project engineer and a resource specialist to identify the locations for the barrier fencing and will place stakes around the sensitive resource sites to indicate these locations. The protected areas will be designated as environmentally sensitive areas and clearly identified on the construction plans. The fencing will be installed before construction activities are initiated, maintained throughout the construction period, and removed after completion of construction. AMM-BIO-2: Prepare Environmental Awareness Program and Conduct Environmental Awareness Training for Construction Employees. The Project proponent will retain a qualified biologist to develop an environmental awareness program and conduct environmental awareness training for construction employees. The program will explain the importance of on-site biological resources, including sensitive natural communities, protected trees to be retained, and special-status wildlife habitats, and how to avoid take of listed species. The program will include invasive plant identification and the importance of controlling and preventing the spread of invasive plant infestations. The environmental awareness program will be provided to all construction personnel to inform them on the life history of special- status species in or adjacent to the Project, the need to avoid impacts on sensitive biological resources, any terms and conditions required by state and federal agencies, and the penalties for not complying with biological mitigation requirements. If new construction personnel are added to the Project, the contractor’s superintendent will ensure that the personnel receive the mandatory training before starting work. An environmental awareness handout that describes and illustrates sensitive resources to be avoided during Project construction and identifies all relevant permit conditions will be provided to each Contractor; qualified biologist. Prior to and during construction. City of Palo Alto; Caltrans. When construction is complete. TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed person. AMM-BIO-3: Retain a Biological Monitor to Conduct Visits during Construction. The Project proponent will retain a qualified biologist to conduct construction monitoring in and adjacent to all identified environmentally sensitive areas. The frequency of monitoring will range from daily to weekly depending on the biological resource. The monitor, as part of the overall monitoring duties, will inspect the fencing once a week at a minimum in the construction area along the river and drainages that support woody vegetation; surrounding native trees and woodlands; and special-status plants. The biological monitor will assist the construction crew as needed to comply with all Project implementation restrictions and guidelines. The biological monitor also will be responsible for ensuring that the contractor maintains the staked and flagged perimeters of the construction area and staging areas adjacent to sensitive biological resources. Contractor; qualified biologist. Daily or weekly during construction. City of Palo Alto; Caltrans. When construction is complete. AMM-BIO-4: Avoid and Minimize Potential Disturbance of Valley Foothill Riparian Community. The Project proponent and its construction contractor will avoid and minimize potential disturbance of the valley foothill riparian community by implementing the following measures. • The potential for long-term loss of woody vegetation will be minimized by trimming vegetation rather than removing entire shrubs. Shrubs that need to be trimmed will be cut at least 1 foot above ground level to leave the root systems intact and allow for more rapid regeneration. Cutting will be limited to the minimum area necessary within the construction zone. • A certified arborist will be retained to perform any necessary pruning or root cutting of retained trees. • The areas that undergo vegetative pruning will be inspected immediately before construction, immediately after construction, Contractor; certified arborist. During construction; for vegetation pruning, before construction, immediately after construction, and 1 year after construction. City of Palo Alto; Caltrans. When construction is complete; for vegetation pruning, 1 year after construction. TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed and 1 year after construction to determine the amount of pre- Project vegetative cover, cover that has been removed, and cover that regrows. After 1 year, if vegetation in these areas has not regrown sufficiently to return the cover to the pre-Project level, the Project proponent will replant the areas with native species to reestablish the cover to the pre-Project condition. MM-BIO-1: Compensate for Permanent Loss of Valley Foothill Riparian. The Project proponent will compensate for permanent construction-related loss of valley foothill riparian habitat by replanting trees in the disturbed area after completion of the construction activities. Loss of native riparian trees will be compensated by replanting at a ratio of 3:1 (three native trees planted for every one native tree removed that was at least 4 inches diameter at breast height [approximately 4.5 feet above existing grade]). Loss of non-native riparian trees will be compensated at a ratio of 1:1 (one native tree planted for every one non-native tree removed that was at least 4 inches diameter at breast height). The compensatory ratios and planting locations will be confirmed through coordination with the Project proponent and other agencies as part of the environmental permitting process for the proposed Project. The Project proponent will prepare a riparian mitigation planting plan, including a species list and number of each species, planting locations, and maintenance and monitoring requirements. Plantings will consist of cuttings taken from native plants, or plants grown at a plant nursery from local native material obtained within the San Francisquito Creek watershed. Planted species will be similar in structure and stature (at maturity) to those removed from the Project area. Plantings will be monitored annually for 5 years or as required in the Project permits. If 75% of the plants survive and the riparian canopy covers 75% at the end of the monitoring period, the revegetation will be considered successful. If this survival and canopy cover criteria are not met at the City of Palo Alto; contractor. During construction; monitored annually for 5 years or as required in the Project permits. City of Palo Alto; Caltrans. When construction is complete; 5 years after Project completion. TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed end of the monitoring period, planting and monitoring will be repeated after mortality causes have been identified and corrected. AMM-BIO-5. Protect Water Quality and Prevent Erosion and Sedimentation in San Francisquito Creek. The Project proponent and/or their construction contractor shall ensure the construction specifications include water quality protection and erosion and sediment control BMPs), based on standard Caltrans requirements, to minimize construction-related contaminants and mobilization of sediment to the San Francisquito Creek. The BMPs will be selected to achieve maximum sediment removal and represent the best available technology that is economically achievable. BMPS are subject to review and approval by the Project proponent. The Project proponent will perform routine inspections of the construction area to verify the BMPs are properly implemented and maintained. The Project proponent will notify contractors immediately if there is a noncompliance issue and will require compliance. The BMPs will include, but are not limited to, the following. • All earthwork or foundation activities involving San Francisquito Creek and the bridge will occur in the dry season (between June 1 and October 15). • A netting and tarp system will be implemented at the bridge site to prevent and minimize debris from entering the river during demolition and construction activities. • Equipment used around San Francisquito Creek will be in good working order and free of dripping or leaking engine fluids. All vehicle maintenance will be performed at least 300 feet from all drainages and wetlands. Any necessary equipment washing will be carried out where the water cannot flow into drainages or wetlands. Contractor. During final design; construction. City of Palo Alto; Caltrans. When construction is complete. TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed • A hazardous material spill prevention control and countermeasure plan will be developed before construction begins that will minimize the potential for and the effects of hazardous or toxic substances spills during construction. The plan will include storage and containment procedures to prevent and respond to spills and will identify the parties responsible for monitoring the spill response. During construction, any spills will be cleaned up immediately according to the spill prevention and countermeasure plan. The Project proponent will review and approve the contractors’ toxic materials spill prevention control and countermeasure plan before allowing construction to begin. The following types of materials will be prohibited from being rinsed or washed into the streets, shoulder areas, or gutters: concrete, solvents and adhesives, thinners, paints, fuels, sawdust, dirt, gasoline, asphalt and concrete saw slurry, heavily chlorinated water. • Baseline turbidity, pH, specific conductance, and temperatures in the San Francisquito Creek channel will be measured when flow is present. As required by the Regional Water Quality Control Board (RWQCB), water quality standards specified in the Basin Plan standards will not be exceeded over the natural in-situ conditions. If dewatering activities are required, water samples would be taken periodically during construction. • Any surplus concrete rubble, asphalt, or other rubble from construction will be taken to a local landfill. • An erosion and sediment control plan will be prepared and implemented for the proposed Project. It will include the following provisions and protocols. The stormwater pollution prevention plan for the Project will detail the applications and type of measures and the allowable exposure of unprotected soils. o Discharge from dewatering operations, if needed, and runoff TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed from disturbed areas will be made to conform to the water quality requirements of the waste discharge permit issued by the RWQCB. o Temporary erosion control measures, such as sandbagged silt fences, will be applied throughout construction of the proposed Project and will be removed after the working area is stabilized or as directed by the engineer. Soil exposure will be minimized through use of temporary BMPs, groundcover, and stabilization measures. Exposed dust-producing surfaces will be sprinkled daily, if necessary, until wet; this measure will be controlled to avoid producing runoff. Paved streets will be swept daily following construction activities. o The contractor will conduct periodic maintenance of erosion and sediment control measures. o An appropriate seed mix of native species will be planted on disturbed areas upon completion of construction. o The contractor will cover or apply nontoxic soil stabilizers to inactive construction areas (previously graded areas inactive for 10 days or more) that could contribute sediment to waterways. o The contractor will enclose and cover exposed stockpiles of dirt or other loose, granular construction materials that could contribute sediment to waterways. Material stockpiles will be located in non-traffic areas only. Side slopes will not be steeper than 2:1. All stockpile areas will be surrounded by a filter fabric fence and interceptor dike. o Runoff from disturbed areas will be contained and filtered by berms, vegetated filters, silt fencing, straw wattle, plastic sheeting, catch basins, or other means necessary to prevent the escape of sediment from the disturbed area. o Other temporary erosion control measures (such as silt TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed fences, staked straw bales/wattles, silt/sediment basins and traps, check dams, geofabric, sandbag dikes, and temporary re-vegetation or other ground cover) will be used to control erosion from disturbed areas as necessary. o The contractor will avoid depositing or placing earth or organic material where it may be directly carried into the channel. MM-BIO-2: Tree Replacement Plan. The applicant shall be required, in accordance with the Tree Protection and Management Regulations (Palo Alto Municipal Code 8.10) and Tree Technical Manual (Palo Alto Municipal Code 8.10.120), to replace the tree canopy for the six protected trees, in accordance with the tree canopy formula identified in the Tree Technical Manual (Tree Technical Manual, 3.20). If the tree canopy cannot be replaced on-site, the canopy shall be replaced off- site as close to the Project site as feasible. If trees are being replaced off-site, the applicant must submit a Tree Planting Plan to the Urban Forestry Division and obtain the Urban Forestry Division’s approval of the plan prior to issuance of a building permit. The Tree Planting Plan must include the following: • The canopy calculation for trees removed and the number of trees planned to replace them, consistent with the formula identified in the Tree Technical Manual • The specific location where the new trees would be planted with specific baseline information about that proposed site (e.g., surrounding vegetation or development) • The species of trees to be planted • Specific planting details (e.g., size of sapling, size of containers, irrigation plan) • Success criteria • Monitoring and maintenance schedule City of Palo Alto; qualified arborist. During final design; construction; 2 years after initial planting. City of Palo Alto; Caltrans; if trees are planted offsite, City of Palo Alto Urban Forestry Division. If trees are planted offsite, following approval of the Tree Planting Plan by the City of Palo Alto Urban Forestry Division; 2 years after initial planting if trees can survive without further maintenance. TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed Replacement tree planting will be monitored by a qualified arborist. To verify the success of replacement trees, monitoring shall occur for two years after initial planting. After the two-year period, the arborist will determine if the trees are capable of surviving without further maintenance. Animal Species AMM-BIO-6: Conduct Preconstruction Surveys for Western Pond Turtles; Relocate if Needed. A qualified biologist will examine the BSA for western pond turtles and their nests no more than 24 hours before Project activities begin and during any initial removal of vegetation, woody debris, or trees, or other initial ground-disturbing activities. If a western pond turtle is observed at any time before or during Project activities, all activities will cease. If western pond turtles are determined to be absent from the Project footprint, no further action will be required with regard to these species. If any western pond turtles are found within the Project footprint, whenever possible construction work in their vicinity will be avoided until they have moved outside of the Project area of their own volition. If the relocation of western pond turtle is necessary, a relocation plan will be developed and submitted to CDFW for approval. The plan will include subsequent details of monitoring by a CDFW-approved biologist, agency-approved disinfection and handling protocols, animal care while being relocated, suitable deposition locations, and reporting requirements. The CDFW-approved biologist will follow all applicable CDFW disinfection and handling protocols per the relocation plan. Contractor; qualified biologist; CDFW- approved biologist (if required). No more than 24 hours before Project activities begin and during any initial removal of vegetation, woody debris, or trees, or other initial ground- disturbing activities. City of Palo Alto; Caltrans; CDFW. Following approval of a relocation plan (if required); following completion of vegetation, woody debris, or tree removal, or other initial ground- disturbing activities. AMM-BIO-7: Conduct Preconstruction Surveys for Pallid and Hoary Bats. A qualified biologist will examine trees within the BSA for roosting hoary bats no more than 24 hours before any initial removal of vegetation, woody debris, or trees, or other initial ground- disturbing activities. If a bat is observed roosting at any time before or Contractor; qualified biologist. No more than 24 hours before Project activities begin and during any initial City of Palo Alto; Caltrans; CDFW. Following approval of avoidance measures (if required); TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed during Project activities, all activities will cease. The Project proponent will coordinate with CDFW to develop and implement avoidance measures before commencing Project activities. removal of vegetation, woody debris, or trees, or other initial ground- disturbing activities. following completion of vegetation, woody debris, or tree removal, or other initial ground- disturbing activities. AMM-BIO-8: Implement Nesting Bird Impact Avoidance Measures. The Project proponent and/or their construction contractor will be responsible for avoiding effects on migratory and non-migratory birds including special-status species (e.g., snowy egret, saltmarsh common yellowthroat). Accordingly, the following measures will be implemented. • Vegetation (including trees) trimming or removal will be conducted during the nonbreeding season (September 1 to January 31), to the extent feasible. • Construction activities will be conducted during the nonbreeding season (September 1 to January 31), to the extent feasible. • Construction activities will begin during the nonbreeding season (September 1 to January 31) and prior to the nesting season (February 1 to August 31), if feasible. Beginning construction prior to the breeding season will establish a level of noise disturbance that will dissuade noise-sensitive raptors and other birds from attempting to nest within or near the study area. • Bridge work (including existing bridge expansion and new bridge installation) will be conducted during the nonbreeding season (September 1 to January 31), to the extent feasible. It is recommended that inactive nests be removed from any bridge Contractor; qualified wildlife biologist. During construction. City of Palo Alto; Caltrans; CDFW, USFWS. After a biologist determines that the young have fledged and moved out of the Project area; completion of construction. TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed work location and from any vegetation or structure within the Project area or within 50 feet of where bridge work will take place. In addition, nest exclusion measures (e.g., fine mesh netting, panels, or metal projectors) are recommended to be installed outside of the nesting season, to the extent feasible. If installed, exclusionary devices will be monitored and maintained throughout the breeding season to ensure that they are fully functional (i.e., successful in preventing the birds from accessing cavities or potential nesting sites). • If construction activities (including vegetation trimming or removal and bridge work) occur within the breeding season (February 1 to August 31), a qualified wildlife biologist with demonstrated nesting bird survey experience will conduct preconstruction surveys for nesting birds. A minimum of three separate surveys will be conducted for migratory birds, including raptors. Surveys will include a search of all suitable nesting habitat (e.g., grassland, bushes, trees, bridges, culverts, overpasses, and structures) in the Project area. In addition, a 300- foot area around the Project area will be surveyed for nesting raptors. When feasible, surveys should occur during the height of the breeding season (March 1 to June 1) with one survey being conducted in each of 2 consecutive months within this peak period and the final survey being conducted within 1 week of the start of construction. If no active nests are detected during these surveys, no additional measures are required. • If a lapse in construction activities of 3 days or longer at a previously surveyed study area occurs, another preconstruction survey will be conducted. • If an active nest is found in the Project area, a no-disturbance buffer (marked with high-visibility fencing, flagging, or pin flags) will be established by a qualified wildlife biologist around the site TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed to avoid disturbance or destruction of the nest until the end of the breeding season (August 31) or until after the biologist determines that the young have fledged and moved out of the Project area (this date varies by species). The extent of these buffers will be determined by the biologist in coordination with USFWS and/or CDFW as appropriate. Buffer size will depend on the level of noise or construction disturbance, line-of-sight between the nest and the disturbance, ambient levels of noise and other disturbances, and other topographical or artificial barriers. Buffer size is based on a species' sensitivity to disturbance and planned work activities in the vicinity and has the potential to vary with different species. Typical buffer sizes are 300 feet for raptors and 50 feet for other birds. Threatened and Endangered Species AMM-BIO-9: Avoid Work during Active Breeding and Dispersal Period for Special-Status Frogs. The contractor will conduct site preparation and construction activities that involve earthwork, other ground disturbance, and/or vehicle traffic through frog-sensitive areas (intermittent stream and riparian habitat) outside the period when special-status frogs are actively breeding and dispersing (October 15 through June 1). Contractor. During construction. City of Palo Alto; Caltrans. Completion of construction. AMM-BIO-10: Conduct Preconstruction Surveys at Work Sites in and near Frog-Sensitive Areas. No more than 3 days prior to the onset of site preparation and construction activity at each site, a qualified wildlife biologist will conduct a preconstruction survey for special-status frogs within the Project footprint. The survey will cover all areas where special-status frogs may be present or concealed, including cracks, burrows, vegetation adjacent to wet areas, and other temporary refugia, as well as any riparian or intermittent stream habitat affected. If special-status frogs are determined to be absent Contractor; qualified wildlife biologist. No more than 3 days prior to the onset of site preparation and construction activity. City of Palo Alto; Caltrans. Completion of construction. TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed from the Project footprint, no further action will be required with regard to these species. If any special-status amphibians are found within the Project footprint, whenever possible, construction work in their vicinity will be avoided until they have moved outside of the Project area of their own volition. AMM-BIO-11: Provide Construction Worker Awareness Training for Special-Status Frogs. The City of Palo Alto will provide, or require contractors to provide, worker awareness training for construction personnel to enable them to recognize special-status frogs and other aquatic and riparian wildlife. Trained construction personnel will also understand where sensitive resource areas are within the construction zone so they can minimize their impact on upland (dispersal and aestivation) habitat. Training will be presented by a qualified wildlife biologist experienced in training non-specialists. The training program will include at least the following: a description of the special-status species likely to use the site, and their habitat needs; photographs of these species; an explanation of the legal status of these species and their protection under the ESA and other regulations; a list of measures being taken to reduce effects to these species during Project construction; and distribution of a fact sheet summarizing training content. The City of Palo Alto will also distribute, or require contractors to distribute, the training summary fact sheet to anyone else who may enter the Project. Upon completion of training, employees will sign a form stating that they attended the training and understand all the conservation and protection measures. Contractor; qualified wildlife biologist. Prior to the start of construction. City of Palo Alto; Caltrans. After all employees sign a form stating that they attended the training and understand all the conservation and protection measures. AMM-BIO-12: Install Exclusion Fencing and Conduct Construction Monitoring for Special-Status Frogs. Once it has been determined that no special-status frogs are present on the Project site, the contractor will install barrier fencing along the perimeter of the work area where necessary to ensure that frogs do not enter the site during Contractor; qualified biologist. Within 3 days after clearance surveys are performed; daily during City of Palo Alto; Caltrans. Completion of construction. TABLE A: MITIGATION MEASURES ADOPTED AS CONDITIONS OF APPROVAL FOR THE NEWELL ROAD BRIDGE REPLACEMENT PROJECT (TO BE IMPLEMENTED BY THE CITY OF PALO ALTO) Mitigation Measures Responsibility for Implementation Mitigation Schedule Monitoring/ Report Responsibility Status/Date Completed construction. Fencing will be installed promptly (within 3 days) after clearance surveys are performed, to prevent frogs from entering the work area. A qualified biologist will be present during the installation of exclusion fencing, will determine which areas need to be monitored on a daily basis during construction activities to avoid harm to California red-legged frog, and will be responsible for follow-up monitoring as needed. The monitor will inspect and maintain the integrity of the exclusion fencing. construction as needed. AMM-BIO-13: Limit Stream Bank Construction to Dry Season. The contractor will limit stream bank construction from June 1 to October 15 in order to avoid the migratory season for adult steelhead. This timing will also limit any excess sedimentation and runoff from entering the San Francisquito Creek. Contractor. During construction City of Palo Alto; Caltrans. Completion of construction. Invasive Species AMM-BIO-14: Avoid the Introduction of Invasive Plants. The Project proponent, or their contractor, will be responsible for avoiding the introduction of new invasive plants and the spread of invasive plants previously documented in the BSA. Accordingly, the following measures will be implemented during construction. • Surface disturbance within the construction work area will be minimized to the greatest extent possible. • All disturbed areas will be seeded with certified weed-free native mixes and mulched with certified weed-free mulch (rice straw may be used in upland areas). • Native, noninvasive species will be used in erosion control plantings to stabilize site conditions and prevent invasive species from colonizing. Contractor. During construction. City of Palo Alto; Caltrans. Completion of construction. Vers.: Aug. 5, 2019 Page 1 of 4 AMENDMENT NO. 3 TO CONTRACT NO. C1214825 BETWEEN THE CITY OF PALO ALTO AND NV5, INC. This Amendment No. 3(this “Amendment”) to Contract No. C12142825 (the “Contract” as defined below) is entered into as of June 1, 2020, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and NV5, INC., a California corporation, located at 2025 Gateway Place, Suite 156, San Jose, CA 95110 (“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 hereto for the provision of professional engineering design and environmental assessment services in conjunction with the Newell Road/San Francisquito Creek Bridge Project (the “Project”), as detailed therein. B. The Parties now wish to amend the Contract in order to extend the Contract term and update the schedule of performance, 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. C12142825 between CONSULTANT and CITY, dated March 5, 2012, as amended by: Amendment No.1, dated June 4, 2013, and Amendment No.2, dated March 10, 2015. b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 2, entitled “TERM”, of the Contract is hereby amended to read as follows: “The Term of the Agreement shall be from the date of its full execution through December 31, 2021 unless terminated earlier pursuant to Section 19 of this Agreement.” Vers.: Aug. 5, 2019 Page 2 of 4 SECTION 4. Exhibit B entitled “SCHEDULE OF PERFORMANCE”, Exhibit B-1 entitled “AMENDMENT NO. ONE SCHEDULE OF PERFORMANCE”, and Exhibit B-2 entitled “AMENDMENT NO. TWO SCHEDULE OF PERFORMANCE” of the Contract are hereby deleted and replaced in the entirety to read as set forth in the Exhibit B attached to this Amendment, entitled “SCHEDULE OF PERFORMANCE, AMENDMENT No. 3”, which is hereby attached and incorporated in full into this Amendment and into the Contract by reference. 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.) Vers.: Aug. 5, 2019 Page 3 of 4 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 APPROVED AS TO FORM: Cassie Coleman City Attorney or designee NV5, INC. Officer 1 By: Name: Title: Officer 2 (Required for Corp. or LLC) By: Name: Title: Attachments: EXHIBIT “B”: SCHEDULE OF PERFORMANCE, AMENDMENT NO.3 (AMENDED, REPLACES PREVIOUS EXHIBIT “B” AND EXHIBITS “B-1” AND “B-2”) Regional Managing Director Bradley Waldrop Director of Structures Russell A. Nygaard Vers.: Aug. 5, 2019 Page 4 of 4 EXHIBIT “B” SCHEDULE OF PERFORMANCE, AMENDMENT NO. 3 (AMENDED, REPLACES PREVIOUS EXHIBIT “B” AND EXHIBITS “B-1” AND “B-2”) CONSULTANT shall perform the Services so as to complete each milestone within the completion dates specified below. The completion dates shown below are the final completion date of the tasks which include 30%, 60%, 90%, final design, specifications of PS&E and all relevant tasks to complete the Project. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule shown below within 2 weeks of receipt of the notice to proceed (NTP). Milestones Completion Date for Tasks 1. Project Management December 31, 2021 2. Existing Document Review May 9, 2012 (completed) 3. Utility Coordination February 27, 2013 (completed) 4. Environmental Studies June 30, 2020 5. Survey July 20, 2015 (completed) 6. Bridge Hydraulic Report September 14, 2015 (completed) 7. Geotechnical Investigation September 20, 2012 (completed) 8. Preliminary Engineering and Type Selection September 30, 2020 9. Final Design & PS&E Development September 30, 2020 10. Regulatory Agency Permitting December 31, 2021 11. Bidding and Construction Support December 31, 2021 ATTACHMENT E Project Plans and Environmental Impact Report/Environmental Assessment (EIR/EA) Hardcopies of project plans and the EIR/EA are provided to the Council. These plans and environmental documents are available to the public online and/or by visiting the Planning and Community Environmental Department on the 5th floor of City Hall at 250 Hamilton Avenue. Directions to review Project plans online: 1. Go to: bit.ly/PApendingprojects 2. Scroll to find “Newell Road Bridge” and click the address link 3. On this project specific webpage you will find a link to the Project Plans, Final EIR/EA (including the response to comments), Technical Reports and other important information Direct Link to Project Webpage: Cityofpaloalto.org/Newell 1 of 1 TO: HONORABLE CITY COUNCIL FROM: JONATHAN LAIT, DIRECTOR OF PLANNING & DEVELOPMENT SERVICES DATE: JUNE 1, 2020 SUBJECT: AGENDA ITEM 8 - DISCUSSION AND DIRECTION TO STAFF ON HOUSING AFFORDABILITY REQUIREMENTS FOR PROJECTS PROPOSED UNDER THE PLANNED HOUSING ZONE (PHZ) This item is being pulled from the agenda and will be rescheduled for a future Council discussion later this month. _______________________ _________________________ Jonathan Lait Ed Shikada Director of Planning & Development Services City Manager 8