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HomeMy WebLinkAbout2018-02-26 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, February 26, 2018 Special Meeting Council Chambers 5:10 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. PUBLIC COMMENT Members of the public may speak to agendized items; up to three minutes per speaker, to be determined by the presiding officer. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council, but it is very helpful. 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. To ensure participation in a particular item, we suggest arriving at the beginning of the meeting and remaining until the item is called. 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 5:10-6:30 PM Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker. 1. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (James Keene, Ed Shikada, Rumi Portillo, Sandra Blanch, Nicholas Raisch, Molly Stump, George Sakai, Terence Howzell, Lalo Perez, Kiely Nose) Employee Organizations: Utilities Management and Professional Association of Palo Alto (UMPAPA); Service Employees’ International Union (SEIU General), Local 521; Palo Alto Peace Officers’ Association (PAPOA); Palo Alto Fire Chiefs’ Association (FCA); International Association of Fire Fighters (IAFF), Local 1319; Palo Alto Police Managers’ Association (PAPMA); and Unrepresented Management, Professional Employees, and Limited Hourly Employees Authority: Government Code Section 54957.6(a) 2 February 26, 2018 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. Special Orders of the Day 6:30-6:40 PM 2. Palo Alto Chinese Parents' Club Presentation of a Copy of the "Welcome to Palo Alto" Video Agenda Changes, Additions and Deletions City Manager Comments 6:40-6:50 PM Oral Communications 6:50-7:05 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 7:05-7:10 PM 3.Approval of Action Minutes for the February 3 and 5, 2018 Council Meetings Consent Calendar 7:10-7:15 PM Items will be voted on in one motion unless removed from the calendar by three Council Members. 4.Approval of a Memorandum of Understanding With the County of Santa Clara to Share Traffic Data and to Establish a Virtual Private Network 5.Approval of a Final Map for a 2.46 Acre Site at 567 Maybell Avenue [17PLN-00158] to Create 16 new Parcels Ranging Between 5,000 Square Feet and 6,184 Square Feet and a new Private Street Intersecting With Clemo Avenue. The Final Map Includes Access and Utility Easements. Environmental Assessment: Exempt From the Provisions of the California Environmental Quality Act (CEQA) in Accordance With Guideline Section 15268(b)(3) (Ministerial Projects) 6.Approval of Amendment Number 2 to Contract Number C15155378 With Carollo Engineers for Engineering Services During Construction of the old Pumping Plant Rehabilitation Project at the Regional Water Quality Control Plant to Extend the Contract Term Through September 30, 2018 - Capital Improvement Program Project WQ-80021 7.SECOND READING: Adoption of an Ordinance Amending Chapter 10.56 (Special Speed Zones) of Title 10 of the Palo Alto Municipal Code to Reduce the Posted Speed Limit Near Private Schools (FIRST READING: February 5, 2018 PASSED: 9-0) 8.SECOND READING: Adoption of an Ordinance Amending Sections 4.42.190 (Taxi Meters) and 4.42.200 (Schedule of Rates, Display) of Chapter 4.42 of Title 4 (Business and License Regulations) of the MEMO 3 February 26, 2018 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. Palo Alto Municipal Code to Allow Taxicab Service to be Prearranged by Mobile Device Application and Internet Online Service (FIRST READING: February 5, 2018 PASSED: 9-0) 9.SECOND READING: Adoption of an Ordinance Amending Section 18.42.040 of Title 18 (Zoning) to Conform With new State Laws Regarding Accessory Dwelling Units (ADU) and Finding the Changes Exempt From Review Under the California Environmental Quality Act (CEQA) Pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Sections 15061(b), 15301, 15303 and 15305. The Planning & Transportation Commission Recommended Approval of These Amendments on November 29, 2017 (FIRST READING: January 29, 2018 PASSED: 8-1, Holman no) 10.Adoption of a Resolution to Establish Yangpu District, Shanghai as a Sister City to Palo Alto Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 7:15-8:15 PM 11.Downtown Residential Preferential Parking (RPP) Program Status Update 8:15-9:15 PM 12.Approval of the City of Palo Alto Utilities 2018 Strategic Plan 9:15-10:00 PM 13.Colleagues' Memo From Council Members DuBois, Filseth, Scharff, and Tanaka on Fiscal Transparency in Labor Negotiations Inter-Governmental Legislative Affairs 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. MEMO 4 February 26, 2018 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 Schedule of Meetings Schedule of Meetings Tentative Agenda Tentative Agenda Informational Report City of Palo Alto Utilities Update for the Fourth Quarter of Fiscal Year 2017 Council Roster Public Letters to Council Set 1 Set 2 CITY OF PALO ALTO OFFICE OF THE CITY CLERK February 26, 2018 The Honorable City Council Attention: Finance Committee Palo Alto, California Approval of Action Minutes for the February 3 and 5, 2018 Council Meetings Staff is requesting Council review and approve the attached Action Minutes. ATTACHMENTS:  Attachment A: 02-03-18 DRAFT Action Minutes (DOCX)  Attachment B: 02-05-18 DRAFT Action Minutes (DOCX) Department Head: Beth Minor, City Clerk Page 2 CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 3 Special Meeting February 3, 2018 The City Council of the City of Palo Alto met on this date in the El Palo Alto Room, Mitchell Park Community Center at 9:11 A.M. Present: Filseth, Fine, Holman, Kniss, Kou, Scharff, Tanaka, Wolbach Absent: DuBois 1. Mayor’s Welcome, Overview of the Day, Retreat Orientation. 2. Oral Communications. 3. FY 2017 Performance Report, the National Citizen Survey™, Palo Alto Community Survey, and Citizen Centric Report. NO ACTION TAKEN 4. Policy and Services Committee Recommendation (Transportation, Housing, Finance, Grade Separation) and Selection of 2018 Council Priorities. 5. Discussion and Definition of Priorities With Greater Specificity – e.g. Sub-bullets, Outcomes, Milestones, Key Performance Indicators. At this time, Agenda Items 4 and 5 were heard together. The City Council took a break from 11:49 A.M. to 12:10 P.M. MOTION: Council Member Scharff moved, seconded by Council Member Fine to approve the following as 2018 Council Priorities: A. Transportation B. Housing C. Finance i. Create an Infrastructure Funding Plan. D. Grade Separation i. Choose a preferred alternative by the end of the year. DRAFT ACTION MINUTES Page 2 of 3 City Council Retreat Draft Action Minutes: 02/03/18 AMENDMENT: Council Member Wolbach moved, seconded by Council Member XX to add to the Motion under the Finance priority “long term employee costs” and “supply, affordability and renter protections” under the Housing priority. AMENDMENT FAILED DUE TO THE LACK OF A SECOND INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion under the Housing priority, “Adopt policies to increase the rate of market rate and affordable housing production according to the goals set forth in the Comprehensive Plan.” AMENDMENT: Council Member Wolbach moved, seconded by Council Member XX to add to the Motion under the Transportation priority, “Improve mobility for Palo Alto residents by decreasing single occupancy vehicle trips to Palo Alto.” AMENDMENT FAILED DUE TO THE LACK OF A SECOND SUBSTITUTE MOTION: Council Member Holman moved, seconded by Council Member XX to approve the following as 2018 Council Priorities: A. Transportation B. Housing C. Finance/Infrastructure Plan D. Grade Separation/Preferred Alternative SUBSTITUE MOTION FAILED DUE TO THE LACK OF A SECOND AMENDMENT: Council Member Tanaka moved, seconded by Council Member XX to add to the Motion under the Finance priority, “Account for the true cost of employees.” AMENDMENT FAILED DUE TO THE LACK OF A SECOND AMENDMENT: Council Member Tanaka moved, seconded by Council Member Kou to add to the Motion under the Grade Separation priority sub-bullet i., “....and eliminate eminent domain.” AMENDMENT WITHDRAWN BY THE MAKER INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion under the Transportation DRAFT ACTION MINUTES Page 3 of 3 City Council Retreat Draft Action Minutes: 02/03/18 priority “mobility, circulation, traffic mitigations and reduction of in-bound SOV trips.” MOTION AS AMENDED RESTATED: Council Member Scharff moved, seconded by Council Member Fine to approve the following as 2 018 Council Priorities: A. Transportation i. Mobility, circulation, traffic mitigations and reduction of in-bound SOV trips. B. Housing i. Adopt policies to increase the rate of market rate and affordable housing production according to the goals set forth in the Comprehensive Plan. C. Finance i. Create an infrastructure funding plan. D. Grade Separation i. Choose a preferred alternative by the end of the year. MOTION AS AMENDED PASSED: 7-0 Tanaka not present, DuBois absent 6. Wrap-up and Next Steps. Council Member Fine spoke about the importance of holding efficient meetings and prompt decision making in the coming year. Mayor Kniss agreed and thanked everyone for attending the retreat. She also thanked Staff for their work in setting up the day’s event. ADJOURNMENT: The meeting was adjourned at 2:52 P.M. CITY OF PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 8 Regular Meeting February 5, 2018 The City Council of the City of Palo Alto met on this date in the Council Chambers at 6:02 P.M. Present: DuBois, Filseth, Fine, Holman, Kniss, Kou, Scharff, Tanaka, Wolbach Absent: Closed Session 1. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (James Keene, Ed Shikada, Charles Sakai, Rumi Portillo, Sandra Blanch, Nicholas Raisch, Molly Stump, Terence Howzell, Lalo Perez, Kiely Nose) Employee Organizations: Utilities Management and Professional Association of Palo Alto (UMPAPA); Service Employees International Union, (SEIU General Unit) Local 521; Palo Alto Peace Officers’ Association (PAPOA); Palo Alto Fire Chiefs’ Association (FCA); International Association of Fire Fighters (IAFF), Local 1319; Palo Alto Police Managers’ Association (PAPMA); Unrepresented Management, Professional Employees, and Limited Hourly Employees Authority: Government Code Section 54957.6(a). MOTION: Council Member Wolbach moved, seconded by Council Member Holman to go into Closed Session. MOTION PASSED: 9-0 Council went into Closed Session at 6:05 P.M. Council returned from Closed Session at 7:18 P.M. Mayor Kniss announced no reportable action. Agenda Changes, Additions and Deletions None. DRAFT ACTION MINUTES Page 2 of 8 City Council Meeting Draft Action Minutes: 02/05/18 Consent Calendar MOTION: Vice Mayor Filseth moved, seconded by Council Member Scharff to approve Agenda Item Numbers 2-6. 2. Resolution 9737 Entitled, “Resolution of the Council of the City of Palo Alto Extending the Electric Rate Schedule E-1 TOU (Residential Time- of-Use Rate Adjustment) and Repealing Resolution 9495.” 3. Resolution 9738 Entitled, “Resolution of the Council of the City of Palo Alto to Relinquish Enforcement of Parking Regulations to Stanford University of Off-street Parking Facilities Privately Owned and Maintained by Stanford University at the Following Locations: 217 Quarry Road (Hoover Pavilion Garage), Sweet Olive Way (Hoover Pavilion Surface Lot 1), 215 Quarry Road (Arboretum Children's Center Surface Lot 1A), 800 Welch Road (Cancer Clinical Trials Office), 780 Welch Road (Asian Liver Center Surface Lot).” 4. Adoption of an Ordinance Amending Chapter 10.56 (Special Speed Zones) of Title 10 of the Palo Alto Municipal Code to Reduce the Posted Speed Limit Near Private Schools. 5. Adoption of an Ordinance Amending Sections 4.42.190 (Taxi Meters) and 4.42.200 (Schedule of Rates, Display) of Chapter 4.42 of Title 4 (Business and License Regulations) of the Palo Alto Municipal Code to Allow Taxicab Service to be Prearranged by Mobile Device Application and Internet Online Service. 6. Approval of a Construction Contract With Vila Construction, Inc. in the Amount of $2,298,376 and Approval of Amendment Number 3 to Contract Number C13148737 With Advance Design Consultants Inc. in the Amount of $206,623 for a Not-To-Exceed Amount of $876,890 for Construction Phase Services for the Lucie Stern Buildings Mechanical and Electrical Upgrades, Capital Improvement Program Project PE-14015. MOTION PASSED: 9-0 Action Items 9. Staff Recommends That Council Take the Following Actions Related to the Construction of the new Junior Museum and Zoo (JMZ): 1) Approve the Agreement Between the City of Palo Alto and the Friends of the Palo Alto Junior Museum and Zoo to Replace the Existing Building and Facilities Housing the Palo Alto Junior Museum and Zoo DRAFT ACTION MINUTES Page 3 of 8 City Council Meeting Draft Action Minutes: 02/05/18 With a new Building and Facilities (Facilities Agreement), Including the Site Lease and Agreement Regarding use Restriction; and 2) Authorize the City Manager to Approve the Final Design for the new JMZ Based on the Recommendation of the Construction Liaison Team, and Consistent With the Preliminary Design Approved by the City Council on December 4, 2017; and 3) Amend the Fiscal Year 2018 Budget Appropriation Ordinance for the Capital Improvement Fund by: a) Increasing the Appropriation for the JMZ Renovation Project AC-18001 by $682,000; and b) Increasing the Appropriation for Rinconada Park Improvements PE-08001 by $1,629,000; and c) Decreasing the Infrastructure Reserve by $2,311,000; and 4) Direct Staff to Identify a Funding Strategy for the Remaining Portion of the City’s Contribution to the Project ($3,898,000) as Part of the FY 2019 Budget Process. MOTION: Council Member Wolbach moved, seconded by Council Member Scharff to: A. Approve an agreement between the City of Palo Alto and the Friends of the Palo Alto Junior Museum and Zoo to replace the existing building and facilities housing the Palo Alto Junior Museum and Zoo (JMZ) with a new building and facilities (Facilities Agreement), including the Site Lease and Agreement regarding use restriction; and B. Authorize the City Manager to approve the final design for the new JMZ based on the recommendation of the Construction Liaison Team, and consistent with the preliminary design approved by the City Council on December 4, 2017; and C. Amend the Fiscal Year 2018 Budget Appropriation Ordinance for the Capital Improvement Fund by: i. Increasing the appropriation for the JMZ Renovation Project AC-18001 by $682,000; and ii. Increasing the appropriation for Rinconada Park Improvements PE-08001 by $1,629,000; and iii. Decreasing the Infrastructure Reserve by $2,311,000; and D. Direct Staff to identify a funding strategy for the remaining portion of the City’s contribution to the project ($3,898,000) as part of the FY 2019 Budget Process. DRAFT ACTION MINUTES Page 4 of 8 City Council Meeting Draft Action Minutes: 02/05/18 AMENDMENT: Council Member DuBois moved, seconded by Council Member Holman to replace in the Motion Part D, “direct Staff to identify” with “refer to the Finance Committee, as part of the infrastructure funding discussion, identifying.” AMENDMENT FAILED: 3-6 DuBois, Holman, Kou yes MOTION PASSED: 9-0 7. Review and Accept a Proposed Housing Work Plan for 2018-2019 and Refer Specific Elements to the Planning & Transportation Commission for Preparation of Related Zoning Ordinance(s). MOTION: Council Member Fine moved, seconded by Council Member Scharff to: A. Direct Staff to: i. Complete ongoing projects and initiatives designed to stimulate the production of affordable and workforce housing; and ii. Develop and adopt one or more zoning amendment Ordinances with provisions designed to encourage production of a diversity of housing types in appropriate locations; and iii. Prepare the economic analyses necessary to prepare and consider Ordinances increasing inclusionary requirements from 15 percent to 20 percent for new development, applying inclusionary requirements to new rental housing, and requiring payment of in- lieu fees or off-site replacement if existing units are removed from the housing stock resulting in a net loss of units; and iv. Use the City’s affordable housing funds to stimulate the rehabilitation and development of new affordable housing; and v. Partner with other agencies and organizations to meet the needs of underserved members of our community and to engage in community conversations about the use of publicly-owned land for affordable housing; and vi. Add an item to the 2018 Ordinance to increase housing Floor Area Ratio (FAR) in the Downtown, California Avenue, and El Camino Real areas; and B. Refer Work Plan Items 2.1 through 2.6 to the Planning and Transportation Commission for input on the preparation of a DRAFT ACTION MINUTES Page 5 of 8 City Council Meeting Draft Action Minutes: 02/05/18 2018 Housing Ordinance and a recommendation for consideration by the City Council; and C. Refer Work Plan Items 3.1 through 4.2 to the Policy and Services Committee for input on possible policy changes and on the use of City housing funds. This Agenda Item continued to February 12, 2018. 8. PUBLIC HEARING: Two Resolutions: Resolution 9739 Entitled, “Resolution of the Council of the City of Palo Alto to Continue the Evergreen Park-Mayfield Residential Preferential Parking (RPP) Program With Modifications;” and Resolution 9740 Entitled, “Resolution of the Council of the City of Palo Alto Establishing 2-Hour Parking Along a Portion of El Camino Real Between College Avenue and Park Boulevard; and Finding the Action Exempt From the California Environmental Quality Act (CEQA) (Continued From December 11, 2017 and January 29, 2018).” Mayor Kniss advised she would not participate in this Item because she owns real property within 500 feet of the Evergreen Park-Mayfield Residential Preferential Parking District. She left the meeting at 9:09 P.M. Council took a break from 9:09 P.M. to 9:19 P.M. Public Hearing opened at 9:33 P.M. Public Hearing closed at 10:15 P.M. MOTION: Council Member Scharff moved, seconded by Vice Mayor Filseth to: A. Adopt a Resolution to conclude the “pilot” phase of the Evergreen Park—Mayfield Residential Preferential Parking (RPP) Program established by Resolution 9663 and make the Program permanent with the following modifications: i. Create three new zones (for a total of six) to better distribute employee parking occupancy throughout the District; and ii. Increase employee permits for employees/employers located outside of the California Avenue Business District by 40 and distribute these employee permits within new Zones A, B, C, and D (previously Zone A and B) and move them to Zone G (see Part B) once approved by Caltrans, if Zone G is not approved, return to Council for direction within one year from April 1, 2018; and DRAFT ACTION MINUTES Page 6 of 8 City Council Meeting Draft Action Minutes: 02/05/18 iii. Add a cap to the employee daily permits, similar to the Downtown RPP District; and iv. Clarify language regarding re-parking; and v. Reference the program goals of reducing impacts of overflow parking from the commercial district on the neighborhood; and vi. Set fees to match the Palo Alto Municipal Fee Schedule; and B. Direct Staff to draft a Resolution establishing a new Zone G on the East side of El Camino Real between College Avenue and Park Boulevard; and C. Direct Staff to make corresponding changes to the Administrative Guidelines for the RPP programs; and D. Find these actions exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15301 (existing facilities) of Title 14 of the California Code of Regulations. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to the Motion, “direct Staff to return with a recommendation regarding selling garage and lot permits to businesses outside the inactive parking assessment district.” (New Part E) AMENDMENT: Council Member DuBois moved, seconded by Council Member Holman to add to the Motion, “direct Staff to return with an allocation process that prioritizes neighborhood serving businesses.” (New Part F) AMENDMENT PASSED: 6-2 Fine, Scharff no, Kniss absent MOTION AS AMENDED RESTATED: Council Member Scharff moved, seconded by Vice Mayor Filseth to: A. Adopt a Resolution to conclude the “pilot” phase of the Evergreen Park—Mayfield Residential Preferential Parking (RPP) Program established by Resolution 9663 and make the Program permanent with the following modifications: i. Create three new zones (for a total of six) to better distribute employee parking occupancy throughout the district; and DRAFT ACTION MINUTES Page 7 of 8 City Council Meeting Draft Action Minutes: 02/05/18 ii. Increase employee permits for employees/employers located outside of the California Avenue Business District by 40 and distribute these employee permits within new Zones A, B, C, and D (previously Zone A and B) and move them to Zone G (see Part B) once approved by Caltrans, if Zone G is not approved, return to Council for direction within one year from April 1, 2018; and iii. Add a cap to the employee daily permits, similar to the Downtown RPP district; and iv. Clarify language regarding re-parking; and v. Reference the program goals of reducing impacts of overflow parking from the commercial district on the neighborhood; and vi. Set fees to match the Palo Alto Municipal Fee Schedule; and B. Direct Staff to draft a Resolution establishing a new Zone G on the East side of El Camino Real between College Avenue and Park Boulevard; and C. Direct Staff to make corresponding changes to the Administrative Guidelines for the RPP programs; and D. Find these actions exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15301 (existing facilities) of Title 14 of the California Co de of Regulations; and E. Direct Staff to return with a recommendation regarding selling garage and lot permits to businesses outside the inactive parking assessment district; and F. Direct Staff to return with an allocation process that prioritizes neighborhood serving businesses. MOTION AS AMENDED PASSED: 8-0 Kniss absent Inter-Governmental Legislative Affairs None. Council Member Questions, Comments and Announcements Council Member Wolbach reported his attendance at the Palo Alto Transportation Management Association (TMA) meeting on Tuesday. The DRAFT ACTION MINUTES Page 8 of 8 City Council Meeting Draft Action Minutes: 02/05/18 TMA Board approved a contract with Altrans for Executive Director services. The TMA discussion included possible expansion to the California Avenue area and partnerships with other cities. Adjournment: The meeting was adjourned at 11:19 P.M. City of Palo Alto (ID # 8850) City Council Staff Report Report Type: Consent Calendar Meeting Date: 2/26/2018 City of Palo Alto Page 1 Summary Title: Memorandum of Understanding for Traffic Data Sharing with Santa Clara County Title: Approval of a Memorandum of Understanding With the County of Santa Clara to Share Traffic Data and to Establish a Virtual Private Network From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council approve the Memorandum of Understanding (MOU) in Attachment A with the County of Santa Clara to share traffic data and to establish a virtual private network within the traffic signal system. Executive Summary The City of Palo Alto and the County of Santa Clara both utilize the same central management system to operate and maintain their respective traffic control systems (i.e. Trafficware ATMS.now). In addition, the City of Palo Alto will be implementing a Bluetooth data collection system (i.e. Iteris Velocity) to collect travel time and travel route data. Th is Bluetooth data collection system is the same system currently in use by the County of Santa Clara along most of its expressway system. The virtual private network would allow each jurisdiction to securely connect to each other’s traffic control system to utilize data collection hardware and view traffic signal operations. Background Both the City of Palo Alto and the County of Santa Clara operate and maintain a traffic signal system using central management software. There are several different management platforms; however, both Palo Alto and the County of Santa Clara utilize the same software platform. Both City and County staff believe it would be beneficial to have read-only access to the intersections within Palo Alto that are adjacent to the signals maintained by the other. Currently, the County of Santa Clara operates and maintains the traffic signals along Oregon Expressway, Page Mill Road, and Foothill Expressway that are within the City of Palo Alto city limits. The County of Santa Clara uses the Iteris Velocity Bluetooth system to estimate travel times and City of Palo Alto Page 2 patterns. City staff is in the process of implementing a similar system. The two systems are compatible, and both jurisdictions would benefit from the use of hardware that is owned and maintained by the other jurisdiction. This would prevent the need to duplicate hardware at key points around the City of Palo Alto. Discussion This Memorandum of Understanding would allow both the City and County to share data collection hardware and providing access to additional data points without each having to install duplicate hardware within the City of Palo Alto. The City of Palo Alto would be able to utilize data points along major gateways just outside of the City’s limits. The data involved does not involve any personally identifiable information and as such raises no privacy issues. Video data is specifically excluded from the agreement. To facilitate the data collection sharing ability, a virtual private network (VPN) connection would need to be created connecting the City’s and the County’s respective central traffic control management systems. The connection of traffic signal systems would be a “read -only” connection, and the respective jurisdictions would not be allowed to modify the other’s system. Each jurisdiction would only be allowed to monitor the signal operations and make adjust ments to their own system, if desired. With adoption of the MOU, the City of Palo Alto and the County of Santa Clara would agree and acknowledge that the data shared between the parties may be used for traffic operations, traffic incident management, transportation, public safety, emergency management, intelligent transportation systems and other related uses within the purview of the parties’ official functions. Neither shall use the other’s data for any other purpose without the express written approval of the other party, and the Memorandum of Understanding will be revocable by either jurisdiction. Timeline The virtual private network (VPN) would be established upon implementaton of the City’s Bluetooth system to enable sharing of data collection hardware. This can be accomplished within a couple of weeks of MOU approval. Resource Impact Entering a Memorandum of Understanding and establising a virtual private network (VPN) connection would have negligible resource impact. By sharing existing resources, the City would ptentially save future funds by not having to purchase and install duplicative hardware. Policy Implications Entering this agreement is consistent with the following Policies and Programs in the City’s updated Comprehensive Plan:  Policy T-2.1 Working with congestion management authorities including the VTA and the City/County Association of Governments of San Mateo County (C/CAG), implement City of Palo Alto Page 3 traffic management strategies and technologies, such as signal coordination, centralized traffic control and real-time travel information, to reduce traffic congestion in and around Palo Alto.  Program T2.1.1 Implement computerized traffic management systems to improve traffic flow when feasible.  Policy T-3.13 Work with Caltrans, Santa Clara County and VTA to improve east and west connections in Palo Alto and maintain a circulation network that binds the city together in all directions. All data collected by the Iteris Velocity system conforms to the City of Palo Alto’s Information Privacy Policy. Therefore, all data shared between the City and the County would conform to the policy. Environmental Review The requested action is an agreement to share information and is not a project requiring review under the California Environmental Quality Act CEQA). Attachments:  DRAFT VPN MOU Palo Alto-County MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF PALO ALTO, CALIFORNIA AND THE COUNTY OF SANTA CLARA, CALIFORNIA TO SHARE TRAFFIC DATA AND SET-UP OF A VIRTUAL PRIVATE NETWORK THIS MEMORANDUM OF UNDERSTANDING (this “MOU”) is made and entered into on this ________ day of __________, 2018, (“Effective Date”) by and between the CITY OF PALO ALTO, CALIFORNIA, a municipal corporation of the State of California (hereinafter “CITY”) and the COUNTY OF SANTA CLARA, CALIFORNIA, a political subdivision of the State of California (hereinafter “COUNTY”). CITY and COUNTY may be referred to herein individually as a “Party” or collectively as the “Parties” or the “Parties to this MOU.” RECITALS WHEREAS, CITY manages the roadway and traffic signal system on local streets within the CITY limits and COUNTY manages the roadway and associated traffic signal system on the County-maintained expressways located within the CITY limits; WHEREAS, both CITY and COUNTY have each developed a Traffic Operations Center for the purpose of delivering an optimal system of roadway traffic flow monitoring and traffic management service; WHEREAS, both CITY and COUNTY have implemented ways to communicate with field equipment and operate their traffic signals; WHEREAS, both CITY and COUNTY have capability to collect traffic volume, speed, and traffic signal status information (hereinafter “DATA”); and WHEREAS, both CITY and COUNTY each have a desire to share this DATA to understand traffic on both jurisdictions to better manage traffic on roadways. TERMS and CONDITIONS The Parties agree as follows: 1. TRAFFIC DATA SHARING Subject to the terms and conditions of this MOU, each Party hereby authorizes the other Party to access and use such Party’s DATA. “DATA” means real-time traffic signal timing data, and available traffic volume, speed and other related information. DATA excludes, and neither Party is obligated to provide, access to any data containing images or video from the County’s live traffic camera feeds. The County will provide a Virtual Private Network (“VPN”) connection between CITY’s traffic management servers (currently located at 3201 E Bayshore Rd, Palo Alto, CA 94303) and COUNTY’s traffic data servers (currently located at 1505 Schallenberger Road, San Jose, CA 95131) that will allow the servers to communicate and exchange the DATA. The Parties intend that the VPN will remain up and functioning 24 hours per day every day of the year. Each Party shall maintain its respective DATA at its sole cost and expense. The Parties agree and acknowledge that the DATA shared between the Parties may be used for traffic operations, traffic incident management, transportation, public safety, emergency management, intelligent transportation systems and other related uses within the purview of the Parties’ official functions. No Party shall use the other Party’s DATA for any other purpose without the express written approval of the other Party. As consideration for the execution of this MOU and the access to and use of the DATA, each Party agrees to use the DATA in accordance with the terms and conditions of this MOU. Both County and City make no warranties, whether express, implied, oral or written including, but not limited to, warranties of merchantability and fitness for a particular purpose, with respect to the service or services covered or furnished and the DATA provided pursuant to this MOU. The Parties further make no warranty that the DATA will be provided in an uninterrupted manner or that the DATA will be free of errors. DATA is provided on an “as is” and “with all faults” basis. 2. TERM The initial term of this MOU is five years beginning on the Effective Date and will automatically renew for two consecutive five-year terms, unless sooner terminated by the Parties. Any Party seeking non-renewal of this MOU shall notify the other Party in writing, not less than sixty (60) calendar days prior to the date that the then-current five year term is due to expire, of its intent to not renew the MOU. This MOU shall expire if the service is permanently discontinued. 3. TERMINATION Either Party may terminate this MOU without cause by giving the other Party no less the than sixty (60) calendar days written notice. 4. INDEPENDENT CONTRACTOR Each Party agrees that it is not an agent or employee of the other Party but an independent contractor with full rights to manage its employees subject to the requirements of the law. 5. HOLD HARMLESS/INDEMNIFICATION In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the PARTIES pursuant to Government Code Section 895.6, the PARTIES agree that all losses or liabilities incurred by a PARTY shall not be shared pro rata but instead the COUNTY and CITY agree that pursuant to Government Code Section 895.4, the PARTIES hereto shall fully indemnify and hold the other PARTY, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying PARTY, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this MOU. No PARTY, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other PARTY hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to the other PARTY under this MOU. In no event shall the Parties or any suppliers be liable for any damages, claim or loss incurred by another Party, (including, without limitation, compensatory, incidental, indirect, special, consequential or exemplary damages, lost profits, lost sales or business, or loss of goodwill) resulting from loss of or inability to use the DATA, irrespective of whether a Party and its suppliers have been informed of, knew of, or should have known of the likelihood of such damages, claim or loss. This limitation applies to all causes of action in the aggregate, including, but without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and any other causes of action. 6. FAIR EMPLOYMENT COUNTY AND CITY shall comply with all applicable Federal, State, and local laws in the performance of this MOU, including but not limited to non-discrimination laws and maintain all licenses required by Federal, State, and local governments and regulatory agencies. 7. COUNTERPART/FACSIMILE SIGNATURE This MOU may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument; and, the Parties agree that signatures on this MOU, including those transmitted by facsimile, shall be sufficient to bind the Parties. 8. NO THIRD PARTY BENEFICIARY This MOU shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this MOU for any cause whatsoever. 9. BUDGET CONTINGENCY Performance by the PARTIES pursuant to this MOU is contingent upon the appropriation of sufficient funds by such PARTY for the obligations covered by this MOU. If funding is reduced or deleted by a PARTY for the obligations covered by this MOU, the PARTIES may, at its option and without penalty or liability, terminate this MOU or offer an amendment to this MOU indicating the revised obligations. 10. AMENDMENT This MOU may be amended only by mutual written agreement. Any such amendment will be consistent with the purpose of this MOU. // // // // // // // // // The PARTIES of this MOU acknowledge and accept the terms and conditions of this MOU as evidenced by the following signatures of their duly authorized representatives. It is the intent of the PARTIES that this MOU shall become operative on the Effective Date. CITY OF PALO ALTO, CALIFORNIA a California municipal corporation APPROVED AS TO FORM: __________________________________ _________________________________ Assistant City Attorney City Manager 250 Hamilton Avenue ATTEST: Palo Alto, CA 94301 Telephone: ( Fax: ( __________________________________ City Clerk “CITY” COUNTY OF SANTA CLARA, CALIFORNIA a political subdivision of the State of California APPROVED AS TO FORM AND LEGALITY: __________________________________ CHRISTOPHER CHELEDEN Lead Deputy County Counsel __________________________________ _________________________________ SYLVIA GALLEGOS HARRY FREITAS, Director Deputy County Executive Roads and Airports Department 70 West Hedding Street, 11th Floor 101 Skyport Drive San Jose, CA 95110 San Jose, CA 95110 Telephone: (408) 573-2438 Fax: (408) 441-0142 “COUNTY” City of Palo Alto (ID # 8883) City Council Staff Report Report Type: Consent Calendar Meeting Date: 2/26/2018 City of Palo Alto Page 1 Summary Title: 567 Maybell Avenue: Final Map for 16 Parcels and Private Street Title: Approval of a Final Map for a 2.46 Acre Site at 567 Maybell Avenue [17PLN-00158] to Create 16 new Parcels Ranging Between 5,000 Square Feet and 6,184 Square Feet and a ne w Private Street Intersecting With Clemo Avenue. The Final Map Includes Access and Utility Easements. Environmental Assessment: Exempt From the Provisions of the California Environmental Quality Act (CEQA) in Accordance With Guideline Section 15268(b)(3) (Ministerial Projects) From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that the City Council take the following actions: 1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3), and 2. Find that the subject final map substantially conforms to the approved tentative map and approve the final map on the consent calendar pursuant to Palo Alto Municipal Code Section 21.16 and the Subdivision Map Act Executive Summary The requested action is approval of a final subdivision map for recordation. This action follows review and approval of the Tentative Map application by the City Council in June of 2016. The Final Map was submitted by John Koroyan of BKF on behalf of Golden Gate Homes, LLC and reflects the 16 parcels and private street shown on the Tentative Map approved on June 28, 2016. Background The Planning and Transportation Commission (PTC) reviewed the Tentative Map in a public hearing on May 25, 2016 (Staff Report: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=52513) and recommended approval to the City Council. On June 28, 201 6 (Staff Report: City of Palo Alto Page 2 http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=52772), the City Council reviewed the Tentative Map in a public hearing and approved it with conditions of approval. The action of the City Council was based on its findings that the proposed subdivision will have no significant environmental impact and is in conformance with all state and local laws and regulations, and applicable Comprehensive Plan Elements in effect at that time. A related Architectural Review application was recommended for approval by the Architectural Review Board on July 20, 2017 (Staff Report: https://www.cityofpaloalto.org/civicax/filebank/documents/61786 ) and the effective approval by the Director of Planning and Community Environment was on August 24, 2017. One design change made during the architectural review process led to the requirement for an access easement on the Final Map that was not included in the Tentative Map, described below. Discussion On June 28, 2016, the City approved a Tentative Map for the Maybell Project for Golden Gate Homes, LLC. The Final Map is now submitted as the Tao Village (Tract 10434). The 2.46-acre project site is at the intersection of Maybell and Clemo Avenues. The Final Map includes 16 lots, with five of those having access on Maybell Avenue directly, one having direct access onto Clemo Avenue and 10 lots having access from a new private street within the project area. The Final Map is the official, legal document to be recorded with the County to allow for separate ownership of the 16 parcels. The Final Map is prepared under the direction of a registered civil engineer and is based on a survey. The map includes easements for utilities and access. Not anticipated during the Tentative Map review, there is an access easement for a driveway to encroach onto Lot 7 for the benefit of Lot 6. This is to primarily protect the existing mature Oak trees along Clemo Avenue. As required by the Subdivision Map Act, after review and confirmation by various City departments, it is determined that the Final Map presented substantially conforms to the approved tentative map. Approval of a Final Map is ministerial if the Final Map is in substantial conformance with the approved Tentative Map. While many cities delegate approval of the Final Map to the City Engineer, under PAMC Section 21.16, the City Council is responsible for this approval. The Final Map also includes a Subdivision Improvement Agreement, describing any obligations for improvements by the subdivider and the payment of bonds by the subdivider for financial security to ensure these improvements are completed as described within the Subdivision Improvement Agreement. Environmental Review In conformance with the California Environmental Quality Act (CEQA), staff determined the Final Map is covered under the statutory exemption, Section 15268(b)(3), approval of final subdivision maps. No further CEQA evaluation is necessary for the request. Attachments:  Attachment A: Location Map City of Palo Alto Page 3  Attachment B: RLUA for the Tentative Map No. 2016-4  Attachment C: Final Map ' �'· ,,,,.,.�. • • ---•.. , '-- •,. . .,, Legend I I Park :;;, ;;;;;;;;;;;;;;:;:) Sc h ool • / ., __ ,.1 7.one Districts .. abc Zone District Labels 1,,,,.:,:.,,,.:,:.,,,.,,..1 Current Features ·.·.·.·.·.· .·.·.·.·.·.·.· I I Search Polygon T h e C 1 t y O f Palo Alto ........... � • • • • • • • '--/_ � \' •\'\ .. • -� .• ·; •• • • • / • -•• I • • PC-221 • • • • "� •..'vq,i: • • �"" • • • • • • • Location Map 567 Maybell A venue 1 7PLN-00158 ,., • This map is a product of the City of Palo Al to GI S o·151' Thisdxurreicisa�tic,ep-e5e"it!tionorlydbestuita.Nesam:es. lheOtyotPaoAtbasSlfflSroespaeitilityt:ranyexrs©l589D2:n6Cityo«PaloAti> ACTION NO. 2016-4 RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 567 MAYBELL AVENUE: PRELIMINARY TENTATIVE MAP lSPLN -000270 (YURONG HAN, APPLICANT) On June 28, 2016, the City Council of the City of Palo Alto considered and approved the Preliminary Tentative Map for the development of a 16-lot subdivision project with exceptions, making the following findings, determinations and declarations: SECTION 1. Background. The City Council of the City of Palo Alto rCity Council") finds, determines, and declares as follows: A On June 15, 2015, Yurong Han on behalf of Golden Gate Homes, LLC applied for a Preliminary Tentative Map with exceptions for the development of a 23-lot subdivision project and subsequently on December 22, 2015 amended its project for the development of a 16-lot subdivision project ("The Project"). B The project site is comprised of two lots (APN No. 137-25-108 & -109) of approximately 2.46 acres . The site contains four residential structures. Single -family residential land uses are located adjacent to the lot to the west; multi-family land uses are to the north and east; and a public park is located to the south. C Following staff review, the Planning and Transportation Commission reviewed the project and recommended approval on May 25, 2016 subject to conditions of approval. SECTION 2. Environmental Review. The City as the lead agency for the Project has determined that the project is subject to environmental review under provisions of the California Environmental Quality Act (CEQA) under Guideline section 15070, Decision to Prepare a Mitigated Negative Declaration. An environmental impact assessment was prepared for the project and it has been determined that there is the potential to have a significant impact on Biological Resources if the project is implemented. However, with incorporation of a mitigation measure, the project would have a less than significant impact on the environment. The Mitigated Negative Declaration was made available for public review beginning May 6, 2016 through May 26, 2016. The Environmental Impact Assessment and Mitigated Negative Declaration are contained as Attachment F. The City Council hereby approves the Mitigated Negative Declaration and incorporates the Mitigation and Monitoring Report attached as Exhibit A into this Record of Land Use. SECTION 3. Preliminary Tentative Map Findings. A legislative body of a city shall deny approval of a Parcel Map, if it makes any of the following findings (California Government Code Section 66474): 1. That the proposed map is not consistent with applicable general and specific plans as specified in Section65451: 567 Maybell Avenu e Page 1 The site is consistent with the Comprehensive Plan as described below. 2 . That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans: The Project is consistent with the following Comprehensive Plan policies: Policy L-1: Continue current City policy limiting future urban development to currently developed lands within the urban service area. The Project site is located within the urban growth boundary and the Project is consistent with this policy by continuing the reuse of land within this area; and Policy L-5: Maintain the scale and character of the City . Avoid land uses that are overwhelming and unacceptable due to their size and scale. The Project would allow construction of 16 single -family residential structures, which is a permitted use within the R-2/RM -15 districts and which is compatible with other R-1 properties in the neighborhood ; and Policy L-12 : Preserve the character of residential neighborhoods by encouraging new or remodeled structures to be compatible with the neighborhood and adjacent structures. The Project would permit the subsequent construction of 16 single-family residential units, which would be subject to the R-1 site development regulations as the adjacent R-1 sites in the neighbo r hood. 3 . That the site is not physically suitable for the type of development: The Project site is comprised of two large relatively flat lots in a residential neighborhood that would be subdivided into 16 lots for the purposes of single-family development. Each lot would mostly meet the minimum lot size and dimension requirements for R-1 zoned properties. Conditional exceptions are requested for those deviations and those findings are discussed in a later section . The character of the project site is consistent with the neighboring R-1 development . 4. That the site is not physically suitable for the proposed density of development: The project would create 16 lots that mostly meets the minimum lot size and dimensions of the site development regulations for properties using the R-1 Single family Residence development standards . Conditional exceptions are requested. However, the character of the development is consistent with the neighboring R-1 developments . 5 . That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat : The Project will not cause environmental damage or injure fish, wildlife , or their habitat, in that while a portion of the property is vacant, it is not adjacent to sensitive habitat areas and mitigation will be incorporated to ensure any potential nesting birds are not harmed. 6 . That the design of the subdivision or type of improvements is likely to cause serious public health problems : 56 7 M ayb ell Av enu e Page 2 The Project will not cause serious public health problems, as the environmental concerns have been reviewed in the Mitigated Negative Declaration that was prepared for the subdivision project. 7 . That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision . In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public . This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision . There are no easements on the subject property and no off site easement will be affected by the proposed project. SECTION 4. Exception Findings. The project proposes exceptions to the zoning standards for lot size, lot width and lot depth for the following and depicted on Tentative Map Golden Gate Homes : • Lot Size (less than 6,000 square feet): Lots 14 and 15; • Lot Width (less than 60 feet): Lot 8 and Lots 10 -14; and • Lot Depth (less than 100 feet): Lots 1 -7 and Lots 14 -16. 1. There are special circumstances or conditions affecting the property. There are special circumstances in that the underlying R-2 and RM -15 zoning allows for a higher density project and the proposal is to voluntarily develop in accordance with R-1 standards in an effort to serve the community in which the project is located. The applicant proposes a project that is consistent in character with its surroundings. 2. The exception is necessary for the preservation and enjoyment of a substantial property right of the pe t itioner. The City of Palo Alto interprets this finding to describe the existence of a hardship in relation to other neighboring properties. The original intent of the applicant was to develop the property to be consistent with the R-2 and RM -15 zoning, which would have included at least 23 dwelling units . It was evident through the process that a compromised plan was needed to reduce opposition and receive support from the community . The proposed project at 16 dwelling units (current project) is below the full potential of the site by ten units and by developing the site with R-1 development standards it is in character with the surrounding R-1 properties. 3 . The granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. 567 M ayb e ll Avenu e Page 3 The division of these parcels into 16 separate parcels will not have adverse impacts to other properties in the vicinity . The Mayell fronting properties meet the width, however, do not meet the depth, so from Maybell, the character is similar to those across the street. The smaller lots are on the interior at the end of the private street and not visible from Clemo Avenue . Therefore, the visual impacts will not be significant. The additional dwelling unit s will add a small amount of traffic and as determined by the project's Traffic Impact Analysis no intersections in the vicinity will fall below acceptable thresholds for level of service. 4. The granting of the exception will not violate the requirements, goals, policies, or spirit of the law. The granting of the exception is consistent with the goals and policies of the Comprehensive Plan as well as the spirit of the law . The subdivision of these parcels only serves to add further consistency to the existing lot pattern thus preserving the character of the neighborhood . The interior lot is zoned RM -15, however, it is not likely that the site will yield multi -family densities given the neighborhood opposition. The subdivision would allow the creation of 16 lots that are more consistent with Palo Alto Municipal Code ("PAMC") Section 18 .12.040. SECTION 5. Preliminary Tentative Map Approval Granted. Preliminary Tentative Map approval is granted by the City Council under PAMC Sections 21.12 and 21.20 and the California Government Code Section 66474, subject to the conditions of approval in Section 7 of this Record. SECTION 6. Tentative Map Approval. The Final Map submitted for review and approval by the City Council shall be in substantial conformance with the Preliminary Tentative Map prepared by BKF Engineers "Tentative Map Golden Gate Homes", consisting of eleven (11) pages, dated March 3, 2016 except as modified to incorporate the conditions of approval in Section 7. A copy of this plan is on file in the Department of Planning and Community Environment, Current Planning Division. Within two years of the approval date of the Preliminary Tentative Map, the subdivider shall cause the subdivision or any part thereof to be surveyed, and a Tentative Map, as specified in Chapter 21 .08, to be prepared in conformance with the Preliminary Tentative Map as conditionally approved , and in compliance with the provisions of the Subdivision Map Act and PAMC Section 21.16 and submitted to the City Engineer (PAMC Section 21.16.0lO[a]). SECTION 7. Conditions of Approval. Department of Planning and Community Environment Planning Division 1. The applicant shall confirm the location all existing features of the site, including protected and non -protected trees, wells, structures, utilities, and easements to the satisfaction of Public Works, the Planning Division, and any other agency that would have an interest in those features. 2 . The owner or designee prior to issuance of any building permit shall pay the applicable 567 M ay bell Av e nu e Page 4 Development Impact fees . 3 . Below Market Rate (BMR} Housing Requirement : The project is subject to the regulations within PAMC 18.14 {Below Market Rate Housing Program}. Based on the project, 2.4 affordable housing units are required to be included in the project . Two of the units must be provided on-site unless the applicant demonstrates the on -site construction is infeasible. The fractional increment shall be paid through in lieu fees at the rate specified in the Municipal Fee Scheduled in affect at the time the fees are paid. Prior to final map recordation, the applicant shall enter into a Regulatory Agreement with the City setting forth their obligation to comply with this condition and PAMC Chapter 18.14. 4. The owner or designee prior to building permit issuance shall submit for review and approval a construction traffic plan and construction phasing plan for development to the City. 5 . Applicant or a common -interest development organization is responsible for maintaining on-site utilities, street lighting, paths, roadways , and drainage features to the extent required by the city's Public Works and Utilities Departments throughout the life of the project. Prior to building permit final, the applicant shall obtain city approval of CC&R's or other documentation acceptable to the city describing, at minimum the structure of the common interest development organization maintenance responsibilities for the on -site utility mains and services . 6. The development impact fees for this project are estimated to be $1,067,232, California Government Code Section 66020 provides that a project applicant who desires to protest the fees, dedications, reservations, or other exactions imposed on a development project must initiate the protest at the time the development project is approved or conditionally approved or within ninety {90} days after the date that fees, dedications, reservations or exactions are imposed on the Project. Additionally, procedural requirements for protesting these development fees, dedications, reservations and exactions are set forth i n Government Code Section 66020. IF YOU FAIL TO INITIATE A PROTEST WITHIN THE 90 - DAY PERIOD OR FOLLOW THE PROTEST PROCEDURES DESCRIBED IN GOVERNMENT CODE SECTION 66020, YOU WILL BE BARRED FROM · CHALLENGING THE VALIDITY OR REASONABLENESS OF THE FEES, DEDICATIONS, RESERVATIONS , AND EXACTIONS . If these requirements constitute fees, taxes, assessments, dedications, reservations, or other exactions as specified in Government Code Sections 66020{a) or 66021, this is to provide notification that, as of the date of this notice, the 90 -day period has begun in which you may protest these requirements. 7 . The applicant is hereby notified, as required by Government Code § 66020, that the approved plans, these conditions of approval, and the adopted City fee schedule set forth in Program H3.1.2 of the City of Palo Alto Comprehensive Plan constitute written notice of the description of the dedications, reservations , amount of fees and other exactions related to the project. As of the date of project approval, the 90 day period has begun in which the applicant may protest any dedications, reservations , fees or other exactions imposed by the City. Failure to file a protest in compliance with all of the requirements of Government Code § 66020 will result in a legal bar to challenging the dedications, reservations, fees or other exactions . 8 . To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, 5 67 M ayb e ll Av e nu e Page 5 its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole discretion and at Applicant's expense, elect to defend any such action with attorneys of its own choice. Building Division 9 . The existing buildings within the project area shall be demolished prior to recording the map. A separate permit shall be required for the removal of the building. 10 . New addresses will be assigned to each lot with the subdivision, following recordation of the subdivision map. The applicant shall file and "Address request Form " and pay the required fee, to the Palo Alto Development Center. Public Works Engineering Department PRIOR TO FINAL MAP APPROVAL 11. Subdivider shall prepare and submit documents per PAMC 21.16.020 along with the Parcel Map. 12 . Subdivider shall provide closure calculations and cost estimate for t he off-site improvements desc r ibed above . 13 . Subdivider shall revise the Map to include the 10-foot wide street dedication area Public Access Easement along Maybell Avenue. 1 4 . A Subdivision Improvement Agreement is required to secure compliance with condition of approval and security of improvements onsite and offsite per PAMC Section 21.16.220 . 15 . The Final Map shall include CITY ENGINE ER STATEMENT, CITY SURVEYOR STATEMENT, BENEFICIARY STATEMENT, DIRECTOR OF PLANNING AND COMMUNITY ENVIRONMENT STATEMENT and CITY CLERK. 1 6 . The Subdivider shall provide the offer of dedication for the 10-foot strip of land designed for the purpose and use of a public street along Maybell Avenue . 1 7. City Surveyor and cost recovery . The City of Palo Alto does not currently have a City Surveyor we have retained the services of Siegfried Engineering to review and provide approval on behalf of the City. Siegfried will be reviewing, signing and stamping the Final Map associated with your project. In effort to employ the services of Siegfried Engineering, and as part of the City's cost recovery measures, the subdivider or designee is required to provide payment to cover 567 M ay be ll Avenu e Page 6 the cost of Siegfried Engineering's review . The Final Map will be forwarded to Siegfried for an initial preliminary review of the documents. Siegfried will then provide a review cost amount based on the complexity of the project and the information shown on the document. We will share this information with the Subdivider once the City receives it and ask that the Subdivider return a copy acknowledging the amount. Subdivider may then provide a check for this amount as payment for the review cost. The City must receive payment prior to beginning the final review process. 1 8 . Provide electronic copies of the documents provided. PRIOR TO FINAL MAP RECORDATION 1 9 . Submit wet signed and stamped mylar copy of the Final Map to the Public Works for signature . Map shall be signed by Owner, Notary and Surveyor prior to formal submittal. 20 . Signed Subdivision Improvement Agreement and Security Bonds as described per PAMC 21.16.230. PRIOR TO ISSUANCE OF A BUILDING PERMIT OR GRADING AND EXCAVATION PERMIT 2 1 . Final Map shall be recorded with County Recorder . UTILITIES ELECTRICAL ENGINEERING 22 . Applicant shall grant easement to all electric equipment including transformers, switches, electric pull boxes and vaults, electric conduit. 23 . All equipment shall be pad mounted, No underground equipment isallowed . 2 4 . All the weather head shall follow CPAU standard {lower than 18') 2 5. Applicant shall install, owned and maintain the streetlight system on the private street. These street lights shall be fed through a meter pedestal. Utilities Water Gas Wastewater Department 2 6 . The applicant shall submit a request to disconnect all utility services and/or meters to the existing building including a signed affidavit of vacancy. Utilities will be disconnected or removed within 10 working days after receipt of request. The demolition permit will be issued by the Building Inspection Division after all utility services and/or meters have been disconnected and removed. 27 . The applicant shall submit a completed water-gas wastewater service connection application-load sheets for City of Palo Alto Utilities . The applicant must provide all the information requested for utility service demands. 28 . The applicant shall be responsible for installing and upgrading the existing services a 567 Maybell Avenue Page 7 necessary to handle anticipated peak loads. This responsibility includes all cost associated with design and construction for the installation/upgrade of the utility services . 2 9. Each parcel shall have its own water service , gas service and sewer lateral connection shown on the plans. 30 . All utility installations shall be in accordance with the City of Palo Alto utility standards for water, gas, & wastewater. SECTION 8. Term of Approval. 1. Preliminary Tentative Map. All conditions of approval of the Preliminary Tentative Map shall be fulfilled prior to approval of a Parcel Map (PAMC Section 21.16 .0lO[c]). Unless a Tentative Map is filed , and all conditions of approval are fulfilled within a two-year period from the date of Preliminary Tentative Map approval, or such extension as may be granted, the Preliminary Tentative Map shall expire and all proceedings shall terminate. PASSED: 8-1 AYES : Berman, Burt, DuBois, Filseth, Holman, Kniss , Scharff, Schmid , NOES : Wolbach ABSENT: ABSTENTIONS: 56 7 Mayb ell Avenu e Page 8 ATTEST: ~~ City Clerk Community Environment PLANS AND DRAWINGS REFERENCED: Those plans prepared by BKF Engineers titled "Tentative Map, Golden Gate Homes", consisting of eleven page, dated March 3, 2016. 567 Maybell Avenue Page 9 Exhibit A Mitigation Monitoring and Reporting Program The Initial Study -Mitigated Negative Declaration identifies the mitigation measures that will be implemented to reduce the impacts associated with the 567 Maybell Avenue Residential Project. The California Environmental Quality Act (CEQA) requires a public agency to adopt a monitoring and reporting program for assessing and ensuring compliance with any required mitigation measures applied to proposed development. As stated in section 21081.6(a)(l) of the Public Resources Code: ... the public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. Section 21081.6 also provides general guidelines for implementing mitigation monitoring programs and indicates that specific reporting and/or monitoring requirements, to be enforced during project implementation, shall be defined as part of adopting a mitigated negative declaration. The mitigation monitoring table lists those mitigation measures that may be included as conditions of approval for the project. To ensure that the mitigation measures are properly implemented, a monitoring program has been devised which identifies the timing and responsibility for monitoring each measure. The project applicant will have the responsibility for implementing the measures, and the various City of Palo Alto departments will have the primary responsibility for monitoring and reporting the implementation of the mitigation measures. 567 Maybell Attachment A 567 Maybell Avenue Residential Project Initial Study-Mitigated Negative Declaration Mitigation Monitoring and Reporting Plan Act ion When Imp lementation Monitoring Mitigation Measure Monitoring to Required Occur Responsib ility Responsibility BIOLOG ICAL RESOURCES Nesting Bird Protection. To If At least once Applicant City of Palo avoid d isturbance of nesting and construction before work Alto special-status birds, act ivit ies work is commences . related to the project, including, planned but not limited to, vegetation dur ing removal, ground disturbance, nesting and construction and demolition season, shall occur outside of the bird verification of breeding season (typically completed Periodically February through August in the surveys will during initial project region). If construction be required . ground must begin within the breeding disturbance season, then a pre-construction Verification and/or nesting bird survey shall be that vegetation conducted no more than 3 days prescribed removal. prior to initiation of ground m itigation disturbance and vegetation measures remova l activities. The nesting are taken bird pre-construction survey inc luding shall be conducted within the adhering to Project Boundary, including a time de lays 300-foot buffer (500-foot for (due to raptors), on foot, and within nest ing or inaccessible areas (i.e., private breeding lands) afar using binoculars to season) if the extent practical. The survey species are BIO-shall be conducted by a biologist observed . 1 familiar with the identification of avian species known to occur in the area . If nests are found, an avoidance buffer (which is dependent upon the species, the proposed work activity , and existing disturbances associated with land uses outside of the site) shall be determined and demarcated by the bio logist with bright orange construction fencing, flagging, construction lathe, or other means to mark the boundary. All construction personnel shall be notified as to the existence of the buffer zone and to avoid entering the buffer zone during the nesting season . No ground disturbing activities shal l occur within th is buffer until the avian biologist has confirmed that breeding/nesting is completed and the young have fledged the nest. Encroachment into the buffer shall occur only at the discretion of the qualified bio loQist. 567 Maybell Attachment A 567 Maybell Attachment A Attachment C Project Plans Hardcopies of project plans are provided to ARB Members. These plans are available to the public by visiting the Planning and Community Environmental Department on the 5 th floor of City Hall at 250 Hamilton Avenue. Directions to review Project plans online: 1. Go to: https://paloalto.buildingeye.com/planning 2. Search for “567 Maybell” and open record by clicking on the green dot 3. Review the record details and open the “more details” option 4. Use the “Records Info” drop down menu and select “Attachments” 5. Open the attachment named “Maybell Final Map Nov 2017.pdf” dated 1/17/18 City of Palo Alto (ID # 8755) City Council Staff Report Report Type: Consent Calendar Meeting Date: 2/26/2018 City of Palo Alto Page 1 Summary Title: Approval to Extend Contract term of Design Services for Old Pumping Plant Rehabilitation Project Title: Approval of Amendment Number 2 to Contract Number C15155378 With Carollo Engineers for Engineering Services During Construction of the Ol d Pumping Plant Rehabilitation Project at the Regional Water Quality Control Plant to Extend the Contract Term Through September 30, 2018 - Capital Improvement Program Project WQ -80021 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 Contract Amendment No. 2 (Attachment A) to extend the term of the contract with Carollo Engineers, Inc. for Engineering Services during construction of the Old Pumping Plant Rehabilitation project (Attachment B) at the Regional Water Quality Control Plant Capital Improvement Program project WQ-80021. Background The Regional Water Quality Control Plant (RWQCP) has two raw sewage pump stations -- one built in 1956 (Old Pumping Plant, or OPP) and the other one in 1972 (New Pumping Plant, or NPP). The OPP lifts raw sewage out of the sanitary sewer junction box up to the main wastewater treatment facilities for primary, secondary, and tertiary treatment as well as disinfection. The OPP supplements and serves as a backup to the NPP when it is out of service for maintenance. In November 10, 2014, Council approved a professional services contract (C15155378) for design services with Carollo Engineers, Inc. (Carollo) for the OPP Rehabilitation Project. Amendment No.1 to this contract was executed on July 22, City of Palo Alto Page 2 2016, extending the contract through March 31, 2018 – i.e., three (3) months extension within the City Manager’s authority per Palo Alto Municipal Code (PAMC) section 2.30.290 (b)(1). The separate construction contract (C17165685) with Anderson Pacific Engineering Construction, Inc. (APEC) for the OPP Rehabilitation Project was extended to July 31, 2018 as construction was delayed primarily due to electrical equipment delivery delays. To keep the OPP operational (pumping plant backup and providing additional pumping capacity to the NPP) during the wet weather season, the City and the construction contractor agreed to postpone the demolition of existing pumps and ancillary systems to mid-April 2018. In early 2018, APEC will complete work that has no impact on the OPP’s core pumping function. After the wet-season, APEC will proceed with final OPP rehabilitation, completing construction by July 31, 2018. Discussion Due to the delay of construction of the OPP rehabilitation, the term of the contract (C15155378) with Carollo needs to be extended two months to September 30, 2018. With the contract extension, Carollo can continue to provide engineering services during and after the construction phase of the OPP rehabilitation, including reviewing submittals and O&M manuals; responding to construction contractor’s request for information; providing technical assistance to resolve design and construction issues; attending construction progress meeting; assisting with startup and commissioning; ensuring construction meets design intent; and preparing final record drawings. Final project completion by Carollo is expected by September 30, 2018. Timeline The construction of the OPP rehabilitation by APEC is planned to be completed by July 31, 2018. The Engineering Services provided by Carollo is planned to be completed by September 30, 2018. Resource Impact This contract amendment extends the term of the contract and doesn’t impact funding for this project, which was included in the Wastewater Treatment Fund Plant Equipment Replacement Capital Improvement Program project WQ-80021. The contract amendment does not increase the compensation under the City of Palo Alto Page 3 contract. Policy Implications This recommendation does not represent any change to existing City policies. Environmental Review The recommended action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (b), which includes maintenance of publicly‐owned wastewater facilities involving negligible expansion. Attachments:  Attachment A - Contract C15155378 - Amendment No.2  Attachment B - OPP Design Services Contract C15155378 1 Revision April 28, 2014 AMENDMENT NO. TWO TO CONTRACT NO. C15155378 BETWEEN THE CITY OF PALO ALTO AND CAROLLO ENGINEERS, INC. This Amendment No. Two to Contract No. C15155378 (“Contract”) is entered into February 26, 2018, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and CAROLLO ENGINEERS INC., a California Corporation, located at 2700 Ygnacio Valley Road, Suite 300, Walnut Creek, CA 94598 (“CONSULTANT”). R E C I T A L S A. The Contract was entered into between the parties on November 10, 2014, for professional engineering design services in connection with the rehabilitation of the City’s Old Pumping Plant Project. B. The Contract was amended by Amendment No. 1 to extend the term of the contract through March 31, 2018. C. The work is taking longer than originally anticipated to complete, and the Parties desire to further extend the time for its completion by six months to September 30, 2018. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION 1. The following exhibit(s) to the Contract is/are hereby amended to read as set forth in the attachment(s) to this Amendment, which are incorporated in full by this reference: a. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE”. SECTION 2. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. SIGNATURES CONTAINED ON NEXT PAGE DocuSign Envelope ID: 2E868E54-691F-4F17-8550-B6FF432F29B4 2 Revision April 28, 2014 CITY OF PALO ALTO ________________________ City Manager APPROVED AS TO FORM: __________________________ Senior Asst. City Attorney CAROLLO ENGINEERS, INC. By:_________________________ Name:_______________________ Title:________________________ Attachments: EXHIBIT "B": SCHEDULE OF PERFORMANCE-AMENDED DocuSign Envelope ID: 2E868E54-691F-4F17-8550-B6FF432F29B4            3 Revision April 28, 2014 EXHIBIT “B” SCHEDULE OF PERFORMANCE AMENDMENT NO. 2 CONSULTANT shall perform the Services so as to complete each milestone by the completion date 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 Date 1. NTP 12/04/2014 2. Design Kick-off Meeting 12/15/2015 3. Design Workshop 1 12/15/2015 4. Design 30% 04/07/2015 5. Design 60% 07/17/2015 6. Design Workshop 2 08/13/2015 7. Design 90% 02/01/2016 8. Design 100% 07/22/2016 9. Work Plan for ( E) OPP Deconstruction 07/22/2016 10. Services During Bidding 09/13/2016 11. Services During Construction and Closure 09/30/2018 DocuSign Envelope ID: 2E868E54-691F-4F17-8550-B6FF432F29B4 uocu::.1gn t:nve1ope 1u: tlLH:U f Uv-t:ltlOt:1-•1"1 t"v-AOU,hjt"UUvOO.jVI .jL r ~~t~~\W~[D) DEC '4° 2014 PM CITY OF PALO AL TO CONTRACT NO. C1S1S5378 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND CAROLLO ENGINEE;RS, INC. FOR PROFESSIONAL SERVICES WQCP ENGINEERING This Agreement is entered into on this 10th day of November, 2014, ("Agreement") by and · between the CITY OF PALO AL TO, a California chartered municipal corporation ("CITY''), and CAROLLO ENGINEERS, INC., a California Corporation, located at 2700 Ygn~io Valley Road, WalmitCreek, CA 94598 ("CONSULTANT") .. RECITALS . The following recitals are a substantive portion of this Agreement. A. CITY intends to rehabilitate its Old Pumping · Plant. CONSULT ANT shall provide engineering services for evaluation, design of the p_umping system, associated electrical systems and repair of the concrete structure for the pumping station at the RWQCP (''Project") and desires to engage a consultant to provide engineering services during all phases 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 . th~ Services as more fully described in Exhibit "A'\ attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenan~, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. · D Optional On-Call Provision (fhis provision only applies if checked and only applies -to on-· . call agreements.)· Services will be authorized by the City, as needed, with a Task Order assigned and approved by the City's Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a City Project Manager and shall contain a specific scope . of work, a specific schedule of performance and a specific compensation· amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULT ANT shall only be compensated for work performed under an authorized Task Order and the City may elect, but is not required, to C15155378 Design of the Old Pumping Plant RehabllitaHon Professional Services Rev.Feb.2014 autho_rize work up to the maximum compensation amount set forth in Section 4. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through completion of the services in accordance with the Schedule of Performance attached as Exhibit "B" 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. CONSULT ANT 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 CONSULT ANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY's agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension . is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred and Sixty-Four Thousand Eight Hundred and Fifty Dollars ($264,850.00). In the event Additional Services are authorized, the total compensation for Services, Additional Services and reimbursable expenses shall not exceed Twenty-Six Thousand Four Hundred and Eighty-Five Dollars ($26,485.00). The applicable rates and schedule of payment are set out in Exhibit "C-1", entitled "HOURLY RATE SCHEDULE," which is attached to and made a part of this Agreement. 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 th~ Project, but which is not included within the Scope of Services described in Exhibit "A" . . SECTION 5. INVOICES. In order to request paYQ1ent, CONSUL TANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the serv:ices, hours worked, · hourly rates, and reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C­ l"). 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 pe>ssesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience ·. C15155378 Design of the Old Pumping Plant Rehabilitation Professional Services Rev. Feb. 2014 uocu::,1gn t:nve1ope 1u: !)L ·1 t:u, uv-ts!)Ots-4 ·1 i--1..,-Aou.:i-.:ii--uu1..,:,o,:11.., ·1.:iL 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, msurance 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 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. CONSUL TANT 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 shall correct, at no cost to CITY, any and all errors, omissions, or ~biguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to constrvct the Project, CONSULTANT shall be <:)bligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public wo]'.ks project, CONSULT ANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any s.ubmittal exceeds ten percent (10%) of the CITY's stated construction budget, CONSULTANT shall make recommendations to the 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 CONSUL TANT, 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 the CITY. SECTION 11 . .ASSIGNMENT. The parties · agree that the expertise and experience of _ CONSULT ANT are material considerations for this Agreement. CONSULT ANT shall not assign -or transfer any interest in this Agreement nor the perfomtance 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 ~ubsequent assignment. Any assignment made without the ~proval of the city manager will be void. · SECTION 12. SUBCONTRACTING. OOption A: No Subcontractor: 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. C15155378 · Design of the Old Pumping Plant Rehabilitation Professional Services Rev. Feb. 2014 uocu:::,1gn t:nve1ope 1u: 1:1£·1 t:u, Ul..-t:Sl:l::>t:S-4 ·1 r-l..-A::>U,j-,jt"UUl..::>O,jl, -, .," 1810ption B: Subcontracts Authorized: Notwithstanding· Section 11 above, CITY agrees that subconsultants may be-used to complete the Services. The subconsultants authorized by CITY to perform work on this Proj~ are: · TIG Corporation M CN\·, \.el:\ s fr ~\('\ 11, V & A Consulting Engineers, Inc. , c-v'q~S,c," s, c.;,,,..Ck-t 10..-s A-s-s.e-~,;.. ~ ESA \:.'."',d ...... ~~{~ ,1z. 111,:....~ ·.\ CONSULT ANT 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 Rick Chan as the principal-in-charge to have supervisory responsibility for the perfomance, progress,· and execution of the Services and Sarwan Wa~on as the project manager to represent CONSULT ANT 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 subject to the prior written approval of the CITY's project manager. CONSULTANT, at CITY's request, shall promptly remove personnel who ~ITY 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. · · The City's project manager is Padmakar Chaobal, Public Works Department, Environmental Services Division, RWQCP 2501 Embarcadero Way, Palo Alto, CA 94303, Telephone: (650) 329-2287. The project manager will be CONSUL TANT's point of contact with respect to performance, progress and execution_ of the Services. The 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. CONSULT ANT 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. CONSULTANT'S instruments of service hereunder are the printed hard copy drawings and specifications issued for the Project, whereas electronic media, including CAD files, are tools for U their p~paration. As a convenience to the CITY, the CONSULTANT shall furnish to the CITY both printed hard copies and electronic media. In the event of a conflict in their content, the C15155378 Design of the Old Pumping Ptant-Rehabllltatlon Professional Services Rev. Feb. 2014 uocu::.1gn t:nve,ope 1u: 1:1..c, t:u, u1.,-tsts::>ts-4 ·1 i-1.,-A::,u., . ., ... uu1.,::,o.,1.,·1.,L printed hard copies shall take precedence over the electronic media. Because data stored in electronic media form can be altered, inadvertently, it is agreed that the CITY shall hold CONSULTANT harmless from Hability arising out of changes or modification to CONSULTANT's data in electronic media form in the CITY''s possession or released to others by the City. 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. CONSULT ANT :(urther 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. [gl[Option A applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed ·professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall 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 the CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. O[Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall 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 ai:ty other loss, including all costs and e~penses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or n_ot 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. SECTION 17. WAIVERS. The waiver by either party of any breach or vi.olation 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, . C15155378 Design of the Old Pumping Plant Rehabllltatlon Professional Services Rev. Feb. 2014 uocu;:,1gn 1:nve1ope 1u: tsL·11:u, U\..-tstsots-4·1 r-\..-A:JU,j-,jt"UU\..OO,j\.. ·1,jL ordinance or law, or of any subsequent· breach or violation of the same or of any other tenn, 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 tenn of this Agreement, the insurance coverag~ 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 concurrently with the execution of this Agreement. The certificates will be subject to the · approval of CITY's Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days' notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT's receipt of such notice.-CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY's Purchasing Manager during the entire tenn of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULT ANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULT ANT 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 tenninated or the tenn 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. 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. C15155378 Design of the Old Pumping Plant Rehabllltallon Professional Services· Rev. Feb. 2014 uocu;::,1gn t:.nve1ope 1u: i,,c1 t:.u, u1.,-l:lt,Ol:l-4 ·1 r-1.,-Aou.j-.jt"Uu1.,oo.j1., ·1.j..: 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 CONSULT ANT or its contractors, if any,· or given to CONSULT ANT 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 wiII be obligated to compensate CONSULTANT only for that portion of CONSUL TANT'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,and25. · . . 195. 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 CONSULT ANT recited above SECTION 21. CONFLICT OF INTEREST. 21.l. 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 perfonnance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSUL TANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. C15155378 . Design of the Old Pumplng Plant Rehabilitation Professionai Services Rev . Feb. 2014 uocu~rgn t:nverope ru: t1L·1 t:u, Ul.,-t:1t10t:1-4 ·1 l'"l.,~A:JU,j-,jl'"UUl.,:JO,jl., -, .,L 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, CONSULT ANT 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 because of the race, skin color, gender, age, religion, clisability, national origin, ancestry, sexual orientation, 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 the 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 the 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: • 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 the 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 Consultant on behalf of the City shall be purchased in accordance with the 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 Office. • Reusable/r~tumable pallets shall be taken back by the Consultant, at no additional cost to the 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. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreeinent 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 ofthe·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. C15155378 Design of the Old Pumping Plant RehabllHation PrmeMiona! Services Rev.Feb.2014 0 uocu::,1gn t:nve,ope I u: tlL ·1 t:U f UL,-t:Sts:>t:S-4 ., t" l,-AOU,j-,jt" UUL,Ot),jl, ., .,L SECTION 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. 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. · 25 .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 oflegal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties. 25.4. 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. 25.5. The covenants, terms, conditions and provisions of this Agreement will. apply to, and will bind, the · heirs, s:uccessors, executors, administrators, assignees, and consultants of the parties. 25 .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. · 25.7. 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. 25.8 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,,), CONSULT ANT 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. 25 .9 All unchecked boxes do not apply to this agreement. 25.10 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULT ANT'S services. The CONSULT ANT shall be entitled to use all such information and services provided by CITY in performing CONSULTANT's services under this agreement. · 25.11 CONSULTANT shall be named as additional primary insured(s) by the construction contractor's General Liability and Builders All Risk insurance policies. C15155378 Design of the Old Pumping Plant Rehabilitation Professional Services Rov. Feb. 2014 uocu;:,1gn 1:.nve1ope 1u: l:l.:·11:.u,u1.,-1:11:lot:1-4H·1..-AOU,j-,jrUu1..oo,jVl,jL CONSULT ANT shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by construction contractors or the safety precautions and programs incident to the work of construction contractors and will not be responsible for construction contractors' failure to carry out work in accordance with the Contract Documents unless the means, methods, techniques, sequences," or procedures of construction are specified by the CONSULTANT. . II II fl II II II II II II II C15155378 Design of the Old Pumping Plant RehabilltaUon Professional Services Rev.Feb.2014 0 u DocuSign Envelope ID: 83E1D908-9A06-4114-8F2B-341EE9B29D72 ,. 25.12 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. 25.13 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. Attachments: EXHIBIT "A": EXHIBIT "B": EXHIBIT "C": EXHIBIT "C-1 ": EXHIBIT "D": C15155378 CAROLLO ENGINEERS, INC. • . /JI By:~WZUt ~/ µ l»'--· Name: sarwan Wason / ~(~le Ch 6'1--' Title:~nioy' V.P. I ~~,ry V,()4 SCOPE OF WORK SCHEDULE OF PERFORMANCE COMPENSATION SCHEDULE OF RATES INSURANCE REQUIREMENTS Professional Services Rev . Fcb.2014 Deslan of the Old Pumoina Plant Rehabllltatlon DocuSign Envelope ID: 83E1 D908-9A06-4114-8F2B-341 EE9B29D72 . EXHIBIT "A" S(:OPE OF SERVICES OLD PUMPING PLANT (OPP) REHABILITATION I. BACKGROUND The Palo Alto Regional Water Quality Control Plant (Plant or RWQCP) treats wastewater from six communities (the Partners). The City of :Palo Alto (City) owns and operates the RWQCP. The service area is a mix of institutional, residential, and commercial uses consisting of approximately 223,100 residents. The Plant has a design capacity of 39 mgd, average treated flow of 20 mgd, and a wet weather capacity of 80 mgd. The plant has two raw sewage pump (RSP) lift stations. The 1934 original pumping plant (now the operations shop) was retired in 1956 with the construction of a pump station with three pumps (Nos. 7, 8 1 and 9). The operations shop continues to serve as the building housing the MCC for the RSP Nos. 7, 8, and 9. In 1972, another pump station was constructed with a motor room and four RSPs and spaces for two more . {Nos. 1, 2, 3, 4, 5, and 6). In 1972, the 1956 pump station was designated as the "Old Pumping Planr and the 1972 pump station designated as the "New Pumping Plant," or OPP and NPP, respectively. The OPP lifts wastewater from the pretreatment screening units to the primary influent channel via meter station. In 1999, the original screening at the OPP inlet was replaced with new screening/grinder system as part of a project that replaced the flow meter in the adjacent meter pit. A new double drum Channel Monster model CDD6020 grinding system was installed. In 2001, repair work was done on the pump{s) discharge header. The repairs involved installfng a 28" OD X 67" long spool piece in 30" OD pipe at the OPP wall penetration and two 30"X28" reducing couplings. II. SCOPE OF WORK · The City of Palo Alto, Department of Public Works, Regional Water .Quality Control Plant {RWQCP.or the Plant) intends to rehabilitate its old pumping plant. The Consultant {Engineer) shall provide engineering services for evaluation, design of the new pumping system, associated electrical systems and repair of the concrete structure for the pumping station at the RWQCP. Consultant (Engineer) shall provide engineering services during all phases of the project, from preliminary options assessments, design and permitting through support in commissioning and start up. · A. Tasks C15155378 Desii:an of the Old Pumping Plant Rehabilitation Professional Services Rev .Feb.2014 uocu:,1gn 1::nve1ope I u: tlL ·11::u / Ul,-1:!tlOl:!-4 ·1 l"l.-AOU.j-,,t·UUl.00.lVI .j,! DocuSign Envelope ID: 83E1D908-9A06-4114-8F2B-341EE9B29D72 Consultant's scope of work shall include, but not necessarily be. limited to the following: Task 1 -Design Task 1.1 The wet pit channel has a suction pipe to each of the three pumping units .. Design a replacement of all suction piping and piping supports. Task 1.2 The discharge pipe from each. OPP pump connects to a 30-inch welded steel manifold and force main which discharges into the 60-inch force main to the primary sedimentation tanks. Design a replacement of all discharge piping and piping supports . including the header through the. wall and to connect to existing fusion bonded epoxy steel force main just outside the OPP pump room wall. · Task 1.3 Beside the NPP flow meter, an 18-inch magnetic-type flow meter measures the OPP raw sewage flow rate in the meter pit, just ahead of the tie-in to the. 60-inch force. main. Design a replacement of OPP meter pit piping for installation of 30-inch line size piping and a new 30-inch Magmeter flow meter. The. upgrade will . allow for an increase in pumping capacity from the. OPP. Task 1.4 8, and,9. The OPP has three existing pumping units, which are RSP Nos. 7, Rated gpm Flow Pump Manufacturer, Size, Speed (mgd) test No. HP &Model Control (mgd)1 TDH RPM 8 70/100 18-inch Morris. ECO 2 2,500/ 4.3/ 38.5 589ll10 Vertical Dry Pit speed · 8,400 11 .0 Pump (3.6112.1) 1~ 150 18-inch Morris ECO None 10,000 10.7 ?? 7-05 Vertical Dry Pit (14.4) Pump 9 75 16-inch Morris ECD · None 5,600 (8.1) 6.2 39 885 Vertical Dry Pit Pump Notes: 1. Flow test dated 10/24/2013 2. RSP No. 7 -In the middle, between RSP No. 8 (left) and RSP. No. 9 (right) Design a replacement of all three pumps and include new VFD controls. Evaluate hydraulic capacity of pretreatment (i.e., channel monster) and new pumping system; increase hydraulic capacity of the system to maximum extent possible. ~1°,·1 , .. ~"': Currently, the motors driving the pumps are located in the motor room at upper elevation (-5.75'). The pumps located in the pump room at lower elevation (- 22.75'), are driven via extension drive shafts. Evaluate, whether submersible 00 w-e. ,Jo-.~~ pump-motor sets can be used in the dry pit, thus eliminating the need for s."'"'""'-,Jt.,f ... ,'°'" extension drive shafts and freeing up the space in motor room for possible other , .. ...+..:;, .... ? ~ Professional Services C15155378 Rev. Feb. 201 4 Deslan of the Old Pumoinq Plant Rehabilitation uocu;::,1gn t:.nve1ope 1u: ci,c1 t:.u, u1,,-1:1cio1:1-4 ·1 r-1..-AOU,j~,jt-Uu1..oo,j1., ·1,j..: DocuSlgn Envelope i°D: 83E1 D908-9A06-4114-BF2B-341 EE9B29D72 use. Task 1.5. RSP Nos. 7 to 9 are provided with swing check valve protection; these pumps are isolated on the discharge and suction side by gate valves. Design a replacement of swing check . valves .. The. check valves should work hydro­ dynamically with. the pump start/stop cycles controlled by the VFDs. Design a replacement of the manually operated gate valves .. The new gate valves are to be electrically operated gate valves. Task 1.6. Each pump seal is protected by W4 water; however the OPP W4 does not pass through the. 25 micron filter in the NPP basement. Design new pump seal piping and include 25 micron filter to match plant standard; include filter bypass. Task 1.7 Design replacement controls and level bubbler system for pumping system. Integrate control system with existing iFix HM I screens, SCADA data collection, and Allen Bradley PLC control. Task 1 .8 Design replacement of gas monitoring system for confined space entry. · Task 1.9 Design replacement power distribution systems from breakers at NPP and new motor control center currently located at the Ops Shop adjacent to the OPP. . t c /\ ~ Task 1.10 Design repairs. to structural concrete including the Cathodic Protection . system around structure. [Review FCA for all OPP rel~ted recommendations] Task 1.11 At the OPP influent well, there is a leak from an abandoned 36-inch sewer connection to the OPP influent well. Design a solution to eliminate leak . (e.g., foam injection, grout injection etc.). Task 1.12 Influent Well -Include specifications to vacuum out OPP influent well of all debris (e.g. ERS Industrial Services). Task 1.13 Review the (E) pretreatment screening/grinding system for possible retrofit to bar screen and screw press type system. Analyze the cost impact. Task 1. 14. Reviewihe (E)lifting-lugs foMldeqtiac~vide adequate hoisting/rigging for the new equipment. Task 2 -Deconstruction of Existing OPP and construction coordination. C15155378 Develop plan and work restrictions; as a guide line for the. contractor to perform the rehabilitation work (e.g. isolating the OPP wet well by plugging the outlet in the pit next to the OPP). This. plan would provide a framework for the contractor to do construction work with minimal impact to plant operation, taking into account the seasonal flow conditions. · Professional Services Rev . Feb. 2014 Design of the Old Pumping Plant Rehabilltatlon uocu;:,1gn t:nve1ope 1u: t1L ·1 t:u, uv-1:11:101:1-•.-i r-v-A:>u_,-.,r-uuv:>o.,v ·1.,L OocuSlgn Envelope ID: 83E10908-9A06-4114-8F2B-341EE9B29072 Task 3 -Serv·lces during Bidding -Consultant shall assist the City in preparation of construction bid package . -Consultant shall respond to the requests for clarification and/or information from prospective bidders. -Consultant shall assist the City with preparation of Project addenda and furnish the originals required for said addenda. · Consultant shall attend and assist the City at the pre-bid conference and the walk through. Task 4 -Services during Construction -Consultant shall review submittals from the contractor for conformance with the Contract Documents. The Consultant shall review and return the submittal comments to the City within seven calendar days. -Consultant shall prepare written response to the Request for Information (RFI) submitted by the contractor. The Consultant shall review, comment and return the RFI responses within seven calendar days . -Consultant shall review and validate the Contract Change Order requests submitted by contractor for accuracy and correctness, as requested by the City. -As requested, the Consultant shall attend periodic Project Progress Meetings with the Contractor. Please allow for one meeting per month, at the minimum, during the construction phase. -Consultant shall provide the technical support to the City during start up and commissioning of the rehabilitated pumping plant. Consultant shall work with Contractor and equipment manufacturer's representatives, as requested by the City. Consultant shall assist the City in monitoring, documenting and/or validating any testing required by the permitting agencies. -Consultant shall review the "as-built'' or "red line" drawings and documents maintained by the contractor during construction. Upon construction completion, Consultant shall prepare one full size, one half size (11"X17") sets and one electronic copy of the record drawings. The electronic copy shall be in AutoCAD 3D Civil 2010 format. The record drawings shall consist of annotated contract drawings and electronic files showing changes in design and construction. Task 5 -Additional Services and Reimbursables · 1 . Additional Services C15155378 Consultant shall provide additional services if requested by the City. These services may include additional work due to extension of project scope, additional deliverables/documents, field testing, or other miscellaneous unforeseen expenses. Protessional Seivices Rev : Feb. 20l4 Design of the Old Pumping Plant Rehabilitation uocu:::.1gn t:.nve1ope 1u: 1:1L·1t:.uruv-t:ll:!Ot:l-"l·1r-1..,-Aou_,-.,,-uu1..,oo.,1..,·1.,L DocuSlgn Envelope ID: 83E1D908-9A06-4114-8F2B-341EE9B29D72 2. Reimbursables Fees for this should include. miscellaneous costs incurred such as travel, copying documents, telephone charges, film, video, photographs, computer, and. postage expenses; and assistance during start up and testing. The expenses for above are reimbursed at cost. Ill. DELIVERABLES Design Kick-off and Workshops -Meet with the project/plant staff to assess the plant's needs, requirements and restrictions for this project. • Include a minimum of two workshops for this pl,lrpose in addition to the kick-off meeting and design review meetings. · Design 30% -Develop Design Criteria -Provide technical memorandum (tech memo) detailing hydraulic design decisions and analysis. The memo should also include the details of the electrical upgrades needed to support the hydraulic design decisions. -Provide preliminary flow diagram, P. & I. D.s, electrical. single line diagram and proposed control scheme to integrate the new electrical system in the Plant's existing SCADA network . • Provide four sets of technical memorandum and associated documents. Design 60% • Develop construction. documents, which include drawings, technical specifications, work restrictions and other special conditions. -Consultant shall incorporate all the comments and concerns issued during the previous review. The design shall be the true reflection of City's intent for this project; which is to maximize the pumping plant's RS pumping capacity. Provide four sets of drawings, specifications and other 60% deliverable documents. Provide a cost estimate for the demolition and construction work for each task. Design 90% and Final - -Consultant shall perform final updates derived from City's comments and Consultant's own internal quality control and audits. C15155378 The system design at this stage will include complete construction documents with plans, specifications, design calculations and final .construction cost estimate. Prepare the design package to secure applicable permitting and soliciting construction I procurement for each task. Provide two wet stamped hard copies, one digital copy. in PDF format and orie in AutoCAD 30 Civil 2010 format of the final stamped plans. Provide two hard copies & one digital copy in MS Word format of the final ·stamped specifications. END OF SECTION • Professional Services Rev. Feb.2014 Design of the Old Pumping Plant Rehabilitation u uocu~1gn t:nve1ope 1u: 1:1L·1 t:u, u1..,-1:11:101:1-4 -, r-1..,-Aou.l-.lr-uu1..,oo.l1.., ·1.lL OocuSlgn Envelope ID: 83E1D908-9A06-4114-8F2B-341EE9B29072_ ( EXIIlBIT "B" SCHEDULE OF PERFORMANCE CONSULT ANT 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 1. Design Kick-off meeting 2. Design workshop 1 3. · Design30% 4. Design workshop 2 5. Design 60% 6. Design 90% 7. Design Final Completion No. of Weeks FromNTP 2 6 9 14 18 28 34 8. Work plan for ( E ) OPP Deconstruction _ 18 _ 9. Services during Bidding TBD 10. Services during Construction & closure -TBD C151 55378 Design of the Old Pumping Plant Rehabllltatlon Professional Services Rev.Feb.2014 uocu;::,1gn ~nverope ru: t1L·1 ~u, u1..-tst10ts-4 ·1 r-1..-AoU,hlr-uu1.,oo.l1., ·1.lL DocuSlgn Envelope ID: 83E1D908-9A06-4114-8F2B-341EE9B29D72 .EXHIBIT "C" COMPENSATION The CITY agrees to compensate the CONSULT ANT 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. The compensation to be paid to CONSULT ANT under this Agreement for all services described in Exhibit "A" ("Basic Services") and · reimbursable expenses shall not exceed $264,850. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not exceed $291,33~. 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. CONSUL TANT 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 $264,850 and the total compensation for Additional Services does not exceed $26,485. BUDGET SCHEDULE NOT TO EXCEED AMOUNT Task 1 $174,639 (Design) Task 2 $5,675 (Plan for Deconstruction of (E) OPP) Task 3 $15,627 (Services during Bidding) Task 4 $62,909 (Services during Construction) Sub-total Basic Services $258,850 Reimbursable Expenses $6,000 Total Basic Services and Reimbursable expenses $264,850 Additional Services (Not to Exceed) $26,485 C15155378 Des1Qn of the Old Pumping Plant Rehabilitation Professional Services Rev.Feb.2014 ( ) DocuSign Envelope ID: 83E1D908-9A06-4114-8F2B-341EE9B29D72 Maximum Total Compensation REIMBURSABLE EXPENSES $291,335 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 CONSULT ANT shall be reimbursed are: · 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. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $1,000 shall be approved in advance by the CITY's project manager. ADDITIONAL SERVICES -The CONSUL TANT 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 CONSULT ANT prior to commencement of the services. Payment for additional services · is subject to all requirements and restrictions in this Agreement Work required because the following conditions are not satisfied or are exceeded shall be considered as additional services: 1, Final design and construction package for alternate pre-treatment, such as replacement of existing Channel Monster with new higher capacity Channel Monster or new bar screens and screw presses at OPP. 2. Final design and construction package for replacement of existing electrical switchgear at the NPP if required because of the need for increased capacity ( except replacement of the existing break.er with new breaker). C15155378 Design of the Old Pumping Plant Rehabilitation Professional Services Rev . Feb. 2014 uocu;:;,1gn t::nve1ope 1u: 0L·1 t::u, U\..-t::10::>t::1-<1 ·1 r--1...-A::>U,j-,jr--UU\..::>O,jl... ·1,jL DocuSlgn Envelope ID: 83E1D908-9A06-4114-8F2B-341EE9B29D7.2 . EXHIBIT "C-1" HOURLY RATE SCHEDULE The following pages are the Hourly Rate Schedule for Carollo Engineers, Inc., TTG, V & A Consulting Engineers and ESA. C15155378 Design of the Old Pumping Plant Rehabilitation Professional Services Rev Feb. 2014 l) DocuSign Envelop( 'J3E 1 D908·9A06-4114-8F2B-341 EE9B29D72 Carollo Engineers Cost Proposal Design of the Old Pumping Plant Rehabilitation J\~ask 1 -Design i i1, '' '' · .~as" .. ···-"',B,.e.V.isedi~i;.,Q...2(),14 .. l"t~i3 -Services During Bidding i tfi'a$1Y4 -Services During Construction : :Task 5.1 -AddiffonafSei'inces '::· • i ask 5.2 -Relmbursables ·-··· "1Addrticnarservrces·-·' ·· --· "Refrnbu~abie Co~t§. ··:~::1~ .. u; ... ~~- ;rOJ~FORTASk$~~ ,-,.,,J ... 389 .. C15155378 La . ., . · ... 0~'?.1911~!~ O!d Pu~~~-Pl.ant Rehabilitation ••• . . ~P..1'i.~·!"':?flolr:=~·-,-·· ... .. -~:;~~"jl_.~nded ii 11!!').QS ... "31'"'~'···· -~~-., ... l J~· a C') C: u cc ::i IT ::i ~ a ~ ~ ex " IT C ' C ~ ll ex 0 ll ! "T ~ C C. t,. "T C C (" 0 a C. (" C. " uocu;::,1gn t:nve1ope I u: !l .. n t:u, u1...-t::!!lOI:!-"+ ·1 r-1...-AOU-'--'t" uu1...oo.,1.., ·1.,L DocuSign Envelope ID: 83E1D908-9A06-4114-8F2B-341EE9B29D72 I 1 · j ·I i CAROLLO ENCINEERS, INC. FEE SCHEDULE Engir-eers/Sclentlsts Assistant Professional Professional Project Professional As of January 1, 2014 Lead Project Professional Senior Professional A",5,\.-. ~,-~?S\O"ly\ Technicians · Technicians Support Staff · Document Processing / Clerical Project Equipment Communication Expense (PECE) Per DL Hour other Direct Expenses Travel and Subsistence Mileage at IRS Reimbursement Rate Effective January 1, 2014 . . Subconsultant Other Direct Cost Expert Witness· Hourly Rate $154.00 188.00 223.00 244.00 265.00 \S"t,o~· .140.00 98.00 11.70 · at cost $.56 per mile cost+ 10% cost+ 10% Rate x 2.0 ·This fee schedule is subj~ct to annual revisions due to labor adjustments. Proposal Costs Sheet and Rates C15155378 Design of the. Old Pumping Plant Rehabilitation ·U uocu;:,1gn t:nve1ope 1u: ti,n t:u, Ul,-tstl::>ts-4 ·1 t-l,-A::>U.l-.lt-UUl,::>O.ll, ·, .,..: DocuSlgn Envelope ID: 83E1D908-9A06-4114-8F2B-341EE9B29D72 ::: TTG 2014 City of Palo Alto -Oki Pumping Plant Rehab, RFP#155318 TTG #P116293.00 August 12, 2014 Page 4of8 SCHEDULE OF CHARGES FOR· ENGINEERING SERVICES The fee for our services will be based on the charges fisted below. All fee quotations are applicable for a period of 90 days from the date of the proposal to which this schedule Is attached. We reserve the right to modify these rates upon 30 days advance notice. PERSONNEL HOURLY RATES Principal ...................... -... , ................................ $2i 2 Designer ................................... $128 Project Manager ............................................. ,.$185 CADD Operator . . . . ... . . .. . . .. .. ... .. ... $ 92 Project'Senior Engineer .. ~ ................................. $170 . Engineer .................................... ; ...................... $145 Construction Administrator ........... $145 Word Processor/Clerlcal .............. $ 72 These rates apply to regular time and travel time In the ·continentaJ United States. A maximum travel time of e1ght hours will be 9harged in any day. Overtime, If required In the Interest of the project, wiU be charged at the above rates for professional personnel and at 1.5 times the above rates for other personnel. Overtime will apply to time In excess of forty hours per week and all time on Saturdays, Sundays, and holldays. In the event of adverse weath.er conditions or other factors beyond our control, a standby charge of four hours per weekday will be made for field personnel. Reimbursable expenses are in addition to personnel rates. Relmbursables will be billed at cost except as noted below. . MISCELLANEOUS CHARGES Passenger Car ..... : .......... : ...................... $0.55/mlle with minimum of ................................. $ 35/day Plotting (except for 1n-11ou&e use) .............. :....... $3.50/sheet Photo Copy ..................................... $ 0.15/page . ANNUAL ADJUSTMENT These rates will be adjusted annually effective the beginning of each year. INSURANCE TIG Engineers maintains Professional Liability Insurance with a limit of $5,000,000 per occurrence and $6,000,000 aggregate as well as General Ua6illty Insurance with an aggregate limit of $2,000,000 and Will furnish certificates of such Insurance upon request In. the event the client desires additional coverage, we will; upon the client's written request, obtain additional Insurance at the client's expense. C 1 sf Ma!t-~O\Polo Alto\Prop\OPP R,,hab _ 0814\lnDcsign\CQSt Prop no, Design of the Old Pumping Plant Rehabilitation uocu;:,1gn t:.nve1ope IU: OL"I t:.U f U\.,-1:1001:!-4 "1 t"\.,-AOU.j-.jt"UU\.,00.j\., "I .)L I ,DocuSfgn Envelope ID: 83E1D908-9A06-4114-8F2B-341EE9B29D72 J . V&A CONSULTING ENGINEERS BIiiing Ratw Tabla 2013 FAR Overhead Rate Is 2.23 fora 3.853 Multlpl/er 2012 FAR Overhead Rate la Z.32 fora 3.U2 Multiplier l J j FAR OvarhNd md lllultlpUer Rat.as 8/11114 8:18 AM · King County Audit 2011 291.70 for 3.31BT &fultlpller (IIIMftl William• &nllll !11111 · 2011 FAR Overhelld Rate /s 2.16 fol a 3.471 Mult/plle I l 1 J . I I I I I \ 14-0269 City o1 Palo Alto Tltle Prlnclpal-ln-Charve Glenn Wlllaon Project Manager Keith Packard Sr. Project Engineer Manny NaJar Asaodate Engineer Dan Day Aaalstant Engineer Mark Tam . Assistant ~naer Matt Snow . Engineering Aealatant Dalouny Phannavon Engineerl~ Aalatant Yullya Scales Admin Asalat/Clerical Stephanie Lee · ESA BIiiing Rates. 2~14 Bue Hourly Rate 79.33 58.17 55.05 45.19 39.86 31.7_3 38.46 33.85 27.88 Benefits 32% 25.38 18.62 17.62 14.46 12.69 10.15 1231 10.n 8.92 Overhead 191% 151.51 -111.11 · 105.14 88.32 75.78 60.61 73.46 64.28 53.26 F• Multlpler 10% 81111ng Rate 25.62 28.1,85 I 18.79 . 200.69 17.78 195.59 14.60 160.57 12.81 140.92 10.25 112.74 12.42 138.65 10.87 119.57 9.01 '99.07 1 ,si)1,1 C.tILtJJrv I _tv,:11 I Ll')'i~l 11 l I, 'ti 111 Sefllor DlnletOr Director ManagJng Associate Senior Auoc_late Associato Project TechnHallS Proposal Costs Sheet and Rates C15155378 225 190 156 130 95 76. Design of the Old Pumping Plant Rehabilitation 240 2ii 206 215 170 · 1~ 140 150 110 120 90 110 Standard FAR Salary Fae Multiplier Upclatad 2014 283 3.553 12/10/12 221 3.553 819/13 206 3.553 .8/2411'3 166 · 3.553 2/11/13 134 3.553 10/27/12 134 3.553 3/1/14 124 3.553 5/1/13 124 3.653 5/21/13 82 3.553 .8/3/13 (_) uocu::::.1gn t:nve1ope 1u: 0L·1 t:u, Ul,-t:1001:1-•n t"l,-AOU,j-,jt"UUl,OO,jVI ,jL DocuSlgn Envelope ID: 83E1D908-9A06-4114-8F2B-341EE9B29D72 EXHIBIT "D" INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR 1HE TERM OF 1HE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITII AM BEST'S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AW ARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS AS SPECIFIED BELOW: REQUIRE MINIMUM LIMITS TYPE OF COVERAGE REQUIREMENT D YES YES YES YES YES YES EACH AGGREGATE OCCURRENCE WORKER'S COMPENSATION STATUTORY EMPLOYER'S LIABILITY STATUTORY BODILY INJURY $1,000,000 $1,000,000 GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000 PROPERTY DAMAGE BLANKET CONTRAClUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000 LIABILITY COMBINED. BODILY INJURY $1,000,000 $1,000,000 -EACH PERSON $1,000,000 $1,000,000 -EACH OCCURRENCE $1,000,000 $1,000,000 AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000,000 BODILY INJURY AND PROPERTY $1,000,000 $1,000,000 DAMAGE COMBINED PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000.000 THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRA,CTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT TIIROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCR1BED, INSURING NOT ONLY CONTRACTOR AND ITS . SUBCONSULTANTS, IF ANY, BUT ALSO, WITH 1HE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. : I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITIEN THIR.lY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABIL11Y ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CON'IRACTOR'S AGREEMENT TO INDEMNIFY CI1Y. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PR10R APPROVAL. II . CONT ACTOR MUST SUBMIT CERTIFICA TES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. 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 PR1MARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY C15155378 Design of the Old Pumping Plant Rehabilitation Professional Services Rev Feb. 2014 DocuSlgn Envelope ID: 83E1D908-9A06-4114-8F28-341EE9B29D72 . 1HE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR IBA T REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANO'IHER, BUT TIIlS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMP ANY 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 WRITIEN 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 WRITIEN NOTICE BEFORE THE EFFECTIVE DA TE OF CANCELLATION. NOTICES SHALL BE EMAILED OR MAILED TO: C15155378 PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO · P.O. BOX 10250 PALO ALTO, CA 94303 . EMAIL: InsuranceCerts@CityotJ>aloAlto.org Design of the Old Pumping Plant Rehabilitation Professional Services Rev Feb. 2014 l) uocu;::,1gn 1::.nve1ope I u: !:IL ·11::.u, Ul,-1::l!:IOl::l-4 ·1 rl,-AOU.:s-.:sr-uul,OO.:Sl, ·1.:sL Q CITY OF' PALO ALTO City of Palo Alto City Council Staff Report Report Type: Consent Calendar · Meeting Date: 11/10/2014 (ID# 5119} Summary Title: Design Services for Old Pumping Plant Rehabilitation Title: Approval of Contract No. C15155378 With Carollo Engineers, P. C. in the Total Amount Not to Exceed $291,335 to Provide Design Services for Old Pumping Plant (OPP) Rehabilitation at Regional Water Quality Control Plant - Capital Improvement Program Project WQ-80021 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 contract with Carollo Engineers, P.C. (Attachment A) in an amount not to exceed $291,335 for design services for the Old Pumping Plant (OPP) Rehabilitation at the Regional Water Quality Control Plant Capital Improvement Program, Project WQ- 80021, including $264,850 for basic services and $26,485 for additional services. Background The Regional Water Quality Control Plant (RWQP) has two raw sewage lift pump stations one built in 1956 (old pumping plant, or OPP) and one in 1972 (new pumping plant). The OPP lifts raw sewage out of the sanitary sewers up to the main structure for wastewater treatment including primary, secondary, and tertiary treatment as well as final disinfection. The OPP serves as a backup to the new pumping plant when it is out of service for maintenance. Discussion The OPP's concrete structure and its mechanical and electrical equipment have exceeded their useful lives. Pumps and valves leak raw sewage, no longer operate as intended, and utilize outdated and inefficient electrical controls. The concrete City of Palo Alto Page 1 uocu;::,1gn t:nve1ope 1u: ti.! ·1 t:u, u1..,-1:mot::1-<+ ·1 i-1..,-A:>U.l-.li-uu1..,oo.l1.., ·1.l.! is deteriorating with corrosion evident in sections of reinforcing steel. The equipment needs to be replaced for safety, efficiency, and operational needs. The OPP rehabilitation project is consistent with the Plant's Long Range Facility Plan (LRFP) completed October 2012 and accepted by Council on July 2, 2012 (staff report ID 2914). The LRFP identified the need to use ongoing Capital Improvement Program wastewater treatment projects to replace or rehabilitate the aging OPP. Scope of Services Description The Consultant shall provide engineering services for evaluation, design of the pumping system, associated electrical systems such as motor control centers (MCCs) and variable frequency drives (VFDs), and concrete repair. The Consultant shall provide services during all phases of the project from preliminary option assessments, design and permitting, and engineering services during bid, construction, and startup. On July 22, 2014 a notice for Request for Proposals for design services for the OPP rehabilitation was posted to the City's website and was sent to five design firms. Proposals were received from four firms on August 19, 2014. Summary of Solicitation Process Proposal Title/Number Design Of Old Pumping Plant (OPP) Rehabilitation At The Regional Water Quality Control Plant -RFP No. 155378 Proposed Length of Project 24 months Number of Proposals mailed 5 &/or emailed Total Days to Respond to 28 Proposal Pre-proposal Meeting Date July 29, 2014 Number of Company 5 firms Attendees at Pre-proposal Meeting Number of Proposals 4 Received: City of Palo Alto Page 2 (__) uocu::.1gn 1::nve1ope 1u: t1L ·11::u, u1.,-1:St1::>1:S-4 ·1 i-1.,-A::>U.l·.lruu1.,oo.l1., ·1.lL Number of Companies 2 Interviewed Range of Proposal Amounts $199,765 to $372,239 Submitted Evaluation of Proposals An evaluation committee consisting of the RWQCP engineering staff reviewed the four proposals. The committee carefully reviewed each firm's qualifications and submittal in response to the criteria identified in the RFP. The criteria used to evaluate the proposing firms included: Quality and completeness of proposal; quality, performance, and effectiveness of the work plan; proposer's experience; proposer's ability to perform the work within the time specified; cost; proposer's financial stability; proposer's prior record of performance with the City; and proposer's compliance with applicable laws and regulations. Two firms were invited to participate in oral interviews on September 4, 2014. Carollo Engineers was selected because of its understanding of needed design services, the quality, innovation and thoroughness of its proposed work plan, and the professional experience of the key team members. Carollo Engineers submitted the second lowest fee proposal. During Carollo Engineer's presentation and interview, Carollo Engineer's team members best demonstrated an understanding of the Plant's intentions for this rehabilitation project, especially in regards to the electrical system. Additionally, Carollo Engineers has more experience and local Bay area-based team members, which are needed to ensure a satisfactory design of complicated electrical and mechanical systems and to oversee construction issues. Carollo Engineers recently completed two structural infrastructure repair projects for the RWQCP, and their subconsultant, TTG, successfully completed a large capital improvement project design for the RWQCP's standby diesel generators. Carollo Engineers and TTG have substantial understanding of the existing RWQCP corrosion and seismic issues and the electrical system. Carollo Engineers' proposal reflects a more advanced level of thinking and design development compared to other proposals. Several design options had already been investigated and preliminary decision points presented, showing a good understanding of project issues. Carollo Engineers proposed a robust team of mechanical, electrical, and City of Palo Alto Page 3 uocu::,1gn 1::nve1ope IU: tlL"I t::U I U\.,-t:ltlOt:1-•n t"\.,-AOU,:1-,:lt"UU\.,Ot),:1\., "I ,:IL structural engineers with professional licenses at both technical and managerial levels. Timeline The base design work is estimated to be completed nine months after the issuance of the notice to proceed; which is estimated to be issued in November 2014 pending funding approval. Construction is estimated to be completed twenty-four months after the issuance of notice to proceed, which is estimated to be issued in January 2016 after bidding process and funding approval. Resource Impact Funds for this project are included in the Plant Equipment Replacement (WQ- 80021) project in the Wastewater Treatment Fund. Policy Implications Authorization of this project does not represent a change in existing policies. Environmental Review This project is exempt from review under the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301 (b), which includes repair, maintenance, and minor alteration of publicly-owned wastewater facilities involving negligible expansion. Attachments: • Attachment A: Contract C15155378 Carollo Engineers (PDF) City of Palo Alto Page4 (_) Certificate of Completion velope Number: 821 ED7DCB85B41FCA5D33FDDC563C132 Status: Completed Subject: Please DocuSign these documents: Staff Report 5119 Rehabilitate Old Pumping Plant.pdf, C15155378_ ... Source Envelope: Document Pages: 30 Certificate Pages: 4 AutoNav: Enabled Envelopeld Stamping : Enabled Record Tracking Status: Original 12/1/2014 11 :22:24 AM PT Signer Events Grant Kolling grant.kolling@cityofpaloalto.org Senior Asst. City Attorney Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/1/2014 12:16:02 PM PT ID: 9ba6826f-c876-42f2-a997-b8d8158812a0 James Keene nes.keene@cityofpaloalto.org ...,/ty Manager Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/1/2014 6:47:58 PM PT ID: 27 c40b93-71 ee-492e-9781-b095602eddd3 In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Notary Events Envelope Summary Events Envelope Sent ~ertified Delivered .;ining Complete Completed Signatures: 2 Initials: 0 Holder: Michelle Nolen michelle.nolen@cityofpaloalto.org Signature ~OocuSigned by: L!::::.6~~ Using IP Address: 199.33.32.254 Using IP Address: 199.33.32.254 Signature Status Status Status Status Status Status Hashed/Encrypted Security Checked Security Checked Security Checked Electronic Record and Signature Disclosure Envelope Originator: Michelle Nolen 250 Hamilton Ave Palo Alto, CA 94301 michelle.nolen@cityofpaloalto.org IP Address: 199.33.32.254 Location : DocuSign Timestamp Sent: 12/1/2014 11 :47:02 AM PT Viewed : 12/1/2014 12:16:02 PM PT Signed: 12/1/2014 12:16:26 PM PT Sent: 12/1/2014 12:16:28 PM PT Viewed: 12/1/2014 6:47:58 PM PT Signed : 12/1/2014 6 :48:52 PM PT Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamps 12/1/2014 12:16:28 PM PT 12/1/2014 6 :47:58 PM PT 12/1/2014 6:48:52 PM PT 12/1/2014 6:48:52 PM PT C.lt:1l.il1Ullll,; f"\t:l.iUIU i::IIIU "IYlli::llUlt: Ul::i\.ilU::iUlt: Ut:i::llt:U UI I. 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