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2021-06-07 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 ON THE CITY OF PALO ALTO WEBSITE. Monday, June 7, 2021 Special Meeting 5:00 PM Agenda posted according to PAMC Section 2.04.070. Supporting materials are available on the City’s website the Thursday 11 days preceding the meeting. ***BY VIRTUAL TELECONFERENCE ONLY*** CLICK HERE TO JOIN Meeting ID: 362 027 238 Phone:1(669)900-6833 Pursuant to the provisions of California Governor’s Executive Order N-29-20, issued on March 17, 2020, to prevent the spread of Covid-19, this meeting will be held by virtual teleconference only, with no physical location. The meeting will be broadcast on Cable TV Channel 26, live on YouTube at https://www.youtube.com/c/cityofpaloalto, and Midpen Media Center at https://midpenmedia.org. Members of the public who wish to participate by computer or phone can find the instructions at the end of this agenda. To ensure participation in a particular item, we suggest calling in or connecting online 15 minutes before the item you wish to speak on. 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. Public comment may be addressed to the full City Council via email at City.Council@cityofpaloalto.org. TIME ESTIMATES Time estimates are provided as part of the Council's effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public. HEARINGS REQUIRED BY LAW Applicants and/or appellants may have up to ten minutes at the outset of the public discussion to make their remarks and up to three minutes for concluding remarks after other members of the public have spoken. Call to Order Agenda Changes, Additions and Deletions Oral Communications 5:00-5:15 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. REVISED 2 June 7, 2021 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION ON THE CITY OF PALO ALTO WEBSITE. Minutes Approval 5:15-5:20 PM 1.Approval of Action Minutes for the May 24, 2021 City Council Meeting Consent Calendar 5:20-5:25 PM Items will be voted on in one motion unless removed from the calendar by three Council Members. 2.Approval of an Effluent Transfer Agreement Between the City of Palo Alto and the City of Los Altos 3.Approval of Contract Number C21179800A With Pacific International Electric Company, Inc. in the Amount of $943,639 for the Underground District 46 Completion Project; and Authorization to Execute and Negotiate Related Change Orders in the Amount of $188,728 for a Total Not-to-Exceed Amount of $1,132,367; and Approval of a Budget Amendment in the Electric Fund 4.Recommendation to Authorize the City Manager or Designee to Execute a Five-year General Services Agreement With Western Machinery Electric Inc. for Repair and Maintenance of Electricity Generators at the Municipal Service Center in an Amount Not-to- Exceed $592,248; and to Negotiate and Execute one or More Task Orders for Additional Services as Needed in an Amount Not-to-Exceed $300,000, for a Total Not-to-Exceed Amount of $892,248; and Approve a Budget Amendment in the Electric Fund 5.Approval of a Design-build Contract With Johnson Controls Fire Protection, LP in the Amount of $517,280, and Autho rization for the City Manager to Negotiate and Execute Related Change Orders for a Not-to-Exceed Amount of $51,728, for a Total Not -to-Exceed Amount of $569,008 for the Civic Center Fire Life Safety Upgrade s, Capital Improvement Program Project (PE-18016) 6.Approval of Amendment Number 1 to Contract Number S20176879 With Johnson Controls Fire Protection, LP to Increase the Contract Amount by $86,847 for a Revised Three-year Contract in a Total Amount Not-to-Exceed $265,584 for the Provision of Fire Sprinkler System Inspections and Repair Services 7.Policy and Services Committee Recommends Approval of a Rent Forgiveness Program for Tenants in City Buildings and Approve a Budget Amendment in the General Fund Q&A Q&A 3 June 7, 2021 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION ON THE CITY OF PALO ALTO WEBSITE. 8.Adoption of the Americans With Disabilities Act (ADA) Transition Plan Update for City Buildings, Parking Facilities, Parks, and Public Right-of- Way Sidewalks and Curb Ramps 9.Adoption of an Ordinance and Resolution Temporarily Continuing: 1)Uses of Public and Private Property for Outdoor Dining, Retail, and Personal Services; and 2) the Pilot Parklet Program Past the end of the Local Emergency SECOND READING: Adoption of an Ordinance Updating an Emergency Permit Extension Ordinance in Response to Changes to Santa Clara County Health Orders (FIRST READING: May 24, 2021 PASSED: 7-0) City Manager Comments 5:25-5:35 PM Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 5:35-6:00 PM 11.PUBLIC HEARING: Adoption of a Resolution to Suspend Assessments for Fiscal Year 2022 for the Downtown Business Improvement District (BID) (CONTINUED FROM JUNE 1, 2021) 6:00-7:15 PM 12.855 El Camino Real (20PLN-00252): Adoption of an Ordinance Amending Chapters 18.04 and 18.16 of the Municipal Code to Allow Some Ground Floor Medical Office (“Retail Health”) Uses With a Commensurate Increase in the Overall Office use Allowed at the Site Subject to Limitations. Environmental Assessment: Exempt From the Provisions of the California Environmental Quality Act (CEQA) in Accordance With Guideline Section 15301 (Existing Facilities). Zoning District: CC (Community Commercial) 7:15-8:30 PM 13.PUBLIC HEARING: Adoption of two Resolutions Adopting the 2020 Urban Water Management Plan and Water Shortage Contingency Plan 8:30-10:30 PM 14.City Council Review of the Finance Committee's Recommended Fiscal Year (FY) 2022 Operating & Capital Budgets and Municipal Fee Schedule; Direction to Staff Regarding Preparation of the Final Budget for Council Adoption on June 21, 2021 10. Q&A Presentation Presentation Presentation Public Comment Public Comment Public Comment Public Comment 4 June 7, 2021 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION ON THE CITY OF PALO ALTO WEBSITE. 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. 5 June 7, 2021 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION ON THE CITY OF PALO ALTO WEBSITE. Additional Information Standing Committee Meetings Policy and Services Committee Meeting June 8, 2021 Schedule of Meetings Schedule of Meetings Public Letters to Council Set 1 6 June 7, 2021 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION ON THE CITY OF PALO ALTO WEBSITE. Public Comment Instructions Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to city.council@cityofpaloalto.org. 2. Spoken public comments using a computer will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom-based meeting. Please read the following instructions carefully. A. You may download the Zoom client or connect to the meeting in- browser. If using your browser, make sure you are using a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. B. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. C. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. D. When called, please limit your remarks to the time limit allotted. E. A timer will be shown on the computer to help keep track of your comments. 3. Spoken public comments using a smart phone will be accepted through the teleconference meeting. To address the Council, download the Zoom application onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID below. Please follow the instructions B-E above. 4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN Meeting ID: 362 027 238 Phone:1(669)900-6833 CITY OF PALO ALTO OFFICE OF THE CITY CLERK June 7, 2021 The Honorable City Council Attention: Finance Committee Palo Alto, California Approval of Action Minutes for the May 24, 2021 City Council Meeting Staff is requesting Council review and approve the attached Action Minutes. ATTACHMENTS: • Attachment A: 05-24-21 CCM DRAFT Action Minutes (PDF) Department Head: Beth Minor, City Clerk Page 2 CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 7 Special Meeting May 24, 2021 The City Council of the City of Palo Alto met on this date in virtual teleconference at 5:01 P.M. Participating Remotely: Burt, Cormack, DuBois, Filseth, Kou, Stone, Tanaka Absent: Agenda Changes, Additions and Deletions None Minutes Approval 1. Approval of Action Minutes for the May 10, 2021 City Council Meeting. MOTION: Council Member Cormack moved, seconded by Council Member Kou to approve the Action Minutes for the May 10, 2021 City Council Meeting. MOTION PASSED: 6-0 Tanaka absent Consent Calendar Council Member Tanaka registered a no vote on Agenda Item Number 4. MOTION: Council Member Cormack moved, seconded by Mayor DuBois to approve Agenda Item Numbers 2-6. 2. Approval of a Contract With Wunderlich—Malec Engineering in the Amount of $186,284 to Upgrade the Software for the Supervisory Control and Data Acquisition System (SCADA) at the Regional Water Quality Control Plant. 3. Approval of a Contract With Hach Company in the Amount Not-to- Exceed $116,938 to Install and Migrate Software for a Plant Information Management System (PIMS) at the Regional Water Quality Control Plant. 4. Approval of Contract Number C21180768 With Public Safety Innovation, Inc. in an Amount Not-to-Exceed $250,000 to Provide Specialized Professional Services Across a Facet of Network, Computer, Data, Radio, DRAFT ACTION MINUTES Page 2 of 7 Sp. City Council Meeting Draft Action Minutes: 05/24/2021 and Other Telecommunications Systems That Reside in Vehicles, Portable Platforms, and City Facilities, in Support of the Palo Alto Public Safety Team for a Term of Five-years Through April 2026. 5. Adoption of an Ordinance Clarifying Emergency Building and Planning Permit Extensions Granted in Spring 2020 in Response to the COVID19 Pandemic. 6. SECOND READING: Ordinance 5522 Entitled, “Ordinance of the Council of the City of Palo Alto Amending Section 22.04.150(b) of the Palo Alto Municipal Code to Reinstate Preexisting Restrictions on Horses and Bicycles Using Certain Entrances to Foothills Nature Preserve; and Amending the Fiscal Year 2021 Municipal Fee Schedule to add new Vehicle Entry Fee Categories and Free Passes for Foothills Nature Preserve (FIRST READING: May 10, 2021 PASSED: 7-0).” MOTION PASSED FOR AGENDA ITEM NUMBERS 2, 3, 5, 6: 7-0 MOTION PASSED FOR AGENDA ITEM NUMBER 4: 6-1 Tanaka no Council took a break at 5:26 P.M. and returned at 5:41 P.M. Action Items 7. Approval of Contract Number C21174926 With GreenWaste Recovery, Inc. for Solid Waste Processing and Disposal Services With an 8.5 Year Term and an Estimated Average Annual Amount of $4.82 million; Adoption of Negative Declaration for Palo Alto Solid Waste Processing Contract as Adequate and Complete Under the California Environmental Quality Act (CEQA); and Approval of an Amendment to the Second Memorandum of Understanding With the Cities of Sunnyvale and Mountain View Regarding the Sunnyvale Materials Recovery and Transfer Station. MOTION: Vice Mayor Burt moved, seconded by Mayor DuBois to: A. Approve and authorize the City Manager or their designee to execute an agreement with GreenWaste Recovery, Inc. for solid waste processing and disposal services to begin January 1, 2022 with an 8.5 -year Term and estimated average annual amount of $4.82 million over the contract term; B. Resolution 9961 Entitled, “Resolution of the Council of the City of Palo Alto Adopting the Negative Declaration for Palo Alto Solid Waste DRAFT ACTION MINUTES Page 3 of 7 Sp. City Council Meeting Draft Action Minutes: 05/24/2021 Processing Contract as Adequate and Complete Under the California Environmental Quality Act”; C. Approve an Amendment to the Second Memorandum of Understanding (MOU) between the cities of Palo Alto, Mountain View, and Sunnyvale for processing solid waste at the Sunnyvale Materials Recovery and Transfer Station, to extend the end of the term of the MOU from October 15, 2021 to December 31, 2021; D. Pursue, with other cities, to have GreenWaste provide greater accounting of secondary markets that they utilize; E. Direct the City Manager to return with an amendment to authorize a quick response to opportunities to utilize domestic mixed-use paper recycling; F. Provide GreenWaste reports to the public and City Council on a regular basis; and G. Work with other cities on legislation to spur domestic or in-state recycling. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to add to Motion, Part E, “...the appropriate contract to authorize a quick response”. INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER “If GreenWaste is unable to provide additional secondary market accounting, direct Staff to return to Council for consideration of further actions.” (New Part H). MOTION AS AMENDED: Vice Mayor Burt moved, seconded by Mayor DuBois to: A. Approve and authorize the City Manager or their designee to execute an agreement with GreenWaste Recovery, Inc. for solid waste processing and disposal services to begin January 1, 2022 with an 8.5 -year Term and estimated average annual amount of $4.82 million over the contract term; B. Resolution 9961 Entitled, “Resolution of the Council of the City of Palo Alto Adopting the Negative Declaration for Palo Alto Solid Waste Processing Contract as Adequate and Complete Under the California Environmental Quality Act”; DRAFT ACTION MINUTES Page 4 of 7 Sp. City Council Meeting Draft Action Minutes: 05/24/2021 C. Approve an Amendment to the Second Memorandum of Understanding (MOU) between the cities of Palo Alto, Mountain View, and Sunnyvale for processing solid waste at the Sunnyvale Materials Recovery and Transfer Station, to extend the end of the term of the MOU from October 15, 2021 to December 31, 2021; D. Pursue, with other cities, to have GreenWaste provide greater accounting of secondary markets that they utilize; E. Direct the City Manager to return with an amendment to the appropriate contract to authorize a quick response to opportunities to utilize domestic mixed-use paper recycling; F. Provide GreenWaste reports to the public and City Council on a regular basis; G. Work with other cities on legislation to spur domestic or in-state recycling; and H. If GreenWaste is unable to provide additional secondary market accounting, direct Staff to return to Council for consideration of further actions. MOTION AS AMENDED PASSED: 6-1 Tanaka no 8. Review of the Fiber Network Expansion Plan and Fiber-to-the-Home (FTTH) Business Case, Provide Feedback on the FTTH Business Model, and Direction That Includes Building Community Awareness, Engagement and Survey, and Funding Options. Council took a break at 8:25 P.M. and returned at 8:36 P.M. MOTION: Mayor DuBois moved, seconded by Council Member Kou to approve and direct Staff to pursue build out of the City fiber backbone in a manner designed to support citywide Fiber-to-the-Home (FTTH), including approve the near-term 12-month workplan outlined in the report and establish a City- operated Internet Service Provider (ISP) model to offer FTTH service within five years. A. Perform the following tasks by March 31, 2022: i. Combine Phases 2 and 4 of the Magellan contract (C20176363) to provide detailed engineering design of the City’s fiber backbone and FTTH distribution network; DRAFT ACTION MINUTES Page 5 of 7 Sp. City Council Meeting Draft Action Minutes: 05/24/2021 ii. Complete a detailed City-operated ISP model, to include a combination of insource and outsource functions; iii. Complete a residential and commercial broadband survey; iv. Complete a risk and mitigation analysis of City-operated ISP model; v. Determine the best financing model, including availability of federal and state funding options; B. Establish a City-operated Internet Service Provider (ISP) model to offer FTTH service within five years; and C. Per Council prior direction as part of the Community and Economic Recovery work plan, Staff will prioritize and accelerate community education and engagement regarding FTTH. AMENDMENT: Council Member Tanaka moved, seconded by Council Member XX to add to the Motion, “look at streamlining the process for FTTH”. AMENDMENT FAILED DUE TO THE LACK OF A SECOND INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER to change Motion, Part B to read as, “Direct Staff to return to Council with a City-operated…”. MOTION AS AMENDED: Mayor DuBois moved, seconded by Council Member Kou to approve and direct Staff to pursue build out of the City fiber backbone in a manner designed to support citywide Fiber-to-the-Home (FTTH), including approve the near-term 12-month workplan outlined in the report and establish a City-operated Internet Service Provider (ISP) model to offer FTTH service within five years. A. Perform the following tasks by March 31, 2022: i. Combine Phases 2 and 4 of the Magellan contract (C20176363) to provide detailed engineering design of the City’s fiber backbone and FTTH distribution network; ii. Complete a detailed City-operated ISP model, to include a combination of insource and outsource functions; iii. Complete a residential and commercial broadband survey; DRAFT ACTION MINUTES Page 6 of 7 Sp. City Council Meeting Draft Action Minutes: 05/24/2021 iv. Complete a risk and mitigation analysis of City-operated ISP model; v. Determine the best financing model, including availability of federal and state funding options; B. Direct Staff to return to Council with a City-operated Internet Service Provider (ISP) model to offer FTTH service within five years; and C. Per Council prior direction as part of the Community and Economic Recovery work plan, Staff will prioritize and accelerate community education and engagement regarding FTTH. MOTION AS AMENDED PASSED: 7-0 9. Colleagues' Memo Requesting Council Refer to the Policy and Services Committee a Proposed Program Allowing Neighbors to Directly Connect With Each Other, and a Potential Volunteer Network for the City. MOTION: Vice Mayor Burt moved, seconded by Council Member Cormack to refer to the Policy and Services Committee to: A. Recommend strategies to support and strengthen neighborhood programs and associations; B. Identify gaps in existing neighborhood-based services; and C. Evaluate new strategies, including those proposed in the Colleague’s Memo and others to expand the role of neighborhood volunteers. MOTION PASSED: 7-0 Adjournment: The meeting was adjourned at 10:38 P.M. in honor of Joan Baez. ATTEST: APPROVED: ____________________ ____________________ City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC) 2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section 2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records DRAFT ACTION MINUTES Page 7 of 7 Sp. City Council Meeting Draft Action Minutes: 05/24/2021 of both Council and committee proceedings. These recordings are available on the City’s website. City of Palo Alto (ID # 11773) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/7/2021 City of Palo Alto Page 1 Summary Title: Effluent Transfer Agreement with City of Los Altos Title: Approval of Effluent Transfer Agreement Between the City of Palo Alto and the City of Los Altos From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council approve and authorize the City Manager to execute the Effluent Transfer Agreement Between Palo Alto and City of Los Altos (Attachment A), authorizing Palo Alto to pass-through a portion of funding from Valley Water to the City of Los Altos, consistent with the City’s Partnership Agreement with Valley Water. Executive Summary In November 2019, Council approved the Agreement between the City of Palo Alto, City of Mountain View, and Santa Clara Valley Water District to Advance Resilient Water Reuse Programs in Santa Clara County (Partnership Agreement) (Council Staff Report #10627). The Partnership Agreement includes an option for the Santa Clara Va lley Water District (Valley Water) to receive approximately half of the treated wastewater produced by the RWQCP for use in the County south of Mountain View. The Regional Water Quality Control Plant (RWQCP) treats wastewater from the City of Palo Alto (Palo Alto), City of Mountain View (Mountain View), City of Los Altos, East Palo Alto Sanitary District, Stanford University, and Los Altos Hills. A small fraction of the effluent from the RWQCP is further treated and then used for irrigation and toilet fl ushing. Palo Alto and Mountain View are the largest RWQCP partners, which is why the Partnership Agreement was between Valley Water, Mountain View, and Palo Alto. In order to secure half of the flow from the RWQCP to Valley Water, Palo Alto agreed to negotiate individual transfer agreements between Palo Alto and the other four agencies which are referred to as the “small partner agencies”. Since 2019, Palo Alto negotiated with the small partner agencies to secure their flow for the Valley Water’s regional purification facility. The Effluent Transfer Agreement with the small partner agencies of the RWQCP will (1) commit the partner agencies to contribute their share CITY OF PALO ALTO City of Palo Alto Page 2 of effluent to the transfer and (2) enable the partner agencies to receive a proportional sh are of the payments from Valley Water. At this time, only City of Los Altos has approved an Effluent Transfer Agreement. Staff is continuing to work toward agreements with the other small partner agencies. Background Water is a scarce resource in California. Availability is affected by droughts and climate change and may be subject to changes to the State water system. The RWQCP is a local source of drought-proof, sustainable water, only a small fraction of which is currently being used for irrigation and toilet flushing. In December 2017, Council adopted the S/CAP Sustainability Implementation Plan (SIP) (Council Staff Report #8487). The SIP included a key action to explore the most effective uses of recycled water, both inside and outside Palo Alto. Since Valley Water is the major wholesaler of water in the Santa Clara County, Palo Alto and Mountain View entered into the Partnership Agreement, which grants Valley Water an option to take approximately half of the effluent from the RWQCP. Valley Water intends to purify the effluent and use it to recharge the groundwater basin south of Mountain View. Palo Alto agreed to secure effluent from the other small partner agencies to m eet the future effluent transfer agreement demands. Discussion The Effluent Transfer Agreement with the City of Los Altos will commit City of Los Altos’ effluent to the transfer under the Partnership Agreement. This commitment adds certainty to Valley Water’s planning efforts and increases the scale of potential regional water reuse. In exchange for the small partner agencies’ commitment, the Partnership Agreement includes financial incentives. Prior to Valley Water exercising the option to take the eff luent, Valley Water will pay $100,000 per year that increases by CPI annually, allocated among the small partners that commit effluent to a future transfer, as well as $100,000 per year to be split in half between Palo Alto and Mountain View. The Partnership Agreement specifies that a small partner must approve the Effluent Transfer Agreement prior to December 31 in order to be eligible for a share of the $100,000 for that fiscal year and ongoing. Since City of Los Altos is the only small partner to sign onto the Effluent Transfer Agreement at this time, the City of Los Altos will receive $100,000 that increases with CPI annually. If Valley Water exercises its option under the Partnership Agreement, Valley Water will pay $1 million per year to be allocated among the RWQCP partners that commit treated effluent to the transfer . At that time, staff would return to Council to discuss allocation of the increased revenue stream. Approval and execution of the proposed Effluent Transfer Agreements will ensure that the partner agencies receive their portion of the payments from Valley Water. The term of potential effluent delivery to Valley Water is 63 years, long enough to economically justify the large capital investment and meet Valley Water’s long-term water supply planning objectives. In accordance with the terms of the Partnership Agreement, Palo Alto and Valley Water are City of Palo Alto Page 3 assessing the feasibility of constructing a large purification facility in Palo Alto, specifically at the former Los Altos Treatment Plant site at the end of San Antonio Road. As this assessment proceeds, staff may return to Council with more details about a potential lease agreement and management of reverse osmosis concentrate from the regional purification facility . Timeline Below is the timeline of activities associated with the proposed Effluent Transfer Agreements: 1. Partnership Agreement signed by Valley Water, Palo Alto, and Mountain View in December 2019. 2. Palo Alto receives first option payment from Valley Water July 2020; small partners did not receive proportional payment since no Effluent Transfer Agreements were in effect . 3. City of Los Altos approves Effluent Transfer Agreement on August 25, 2020. 4. Los Altos Hills receives a brief presentation regarding the Effluent Transfer on September 17, 2020. Resource Impact There are no financial impacts to the Fiscal Year 2021 budget associated with staff’s recommendation. No new or additional funds are associated with the approval of the Effluent Transfer Agreement. Valley Water currently provides $200,000 which is increased based on CPI to be allocated among RWQCP partners; half of the amount is shared between Mountain View and Palo Alto to offset future operating and maintenance expense of the small salt removal facility, while the other half is shared amongst the small partner agencies who approve the Effluent Transfer Agreement. Currently, Los Altos is the only small partner to approve the Effluent Transfer Agreement; therefore, they will receive the full half of the $200,000 payment from Valley Water unless the status of other partners changes. Approval of the Effluent Transfer Agreement will authorize Palo Alto to pass-through $100,000 of this funding from Valley Water to the City of Los Altos as clearly stated in the Partnership Agreement Policy Implications Expanding the use of recycled water is consistent with the Sustainability Climate Action Plan Framework (Council Staff Report #7304), the Sustainability Implementation Plan (Council Staff Report #8487), and the Council’s decision to support the Bay Delta Plan. Stakeholder Engagement Palo Alto hosted a community meeting on October 23, 2019 to inform the community and answer questions about the components of the proposed Agreement. Approximately 20 members of the public attended and approached staff during the break-out sessions to get direct answers to questions. Overall, the attendees were supportive of the proposed Agreement. Staff provided staff reports and presentations to partner agencies; staff did not receive any public comments or questions regarding the Effluent Transfer Agreements. Staff has been in contact with other small partner agencies and will provide updated information should their status change. City of Palo Alto Page 4 Environmental Review The Effluent Transfer Agreement Between Palo Alto and City of Los Altos is not subject to review under the California Environmental Quality Act (CEQA) because the Agreement does not meet the definition of a project under Public Resources Code 21065. The Agreement does not commit the parties to a specific course of action or project. Valley Water will be responsible for compliance with environmental regulations including CEQA and NEPA review, as applicable, should they move forward with a regional water reuse program. Attachments: • Attachment A - Partner Effluent Transfer Agreement version Los Altos approved by Los Altos on 25Aug2020 1 Effluent Transfer Agreement to Advance Resilient Water Reuse Programs in Santa Clara County 2020060101 EFFLUENT TRANSFER AGREEMENT BETWEEN CITY OF PALO ALTO AND CITY OF LOS ALTOS This Effluent Transfer Agreement (Agreement) effective June 7, 2021, is entered into by and between the City of Palo Alto, a California chartered municipal corporation (“Palo Alto”), and the City of Los Altos, a California municipal corporation (“Los Altos”). Palo Alto and Los Altos are referred to together as the “Parties” and individually as a “Party”. RECITALS A. Effluent generated in and from Los Altos has long been treated at the Regional Water Quality Control Plant (“RWQCP”) owned and operated by the City of Palo Alto pursuant to the terms and conditions of that certain Basic Agreement for the Acquisition, Construction and Maintenance of a Joint Sewer System executed on October 10, 1968 by and between the City of Los Altos, the City of Mountain View, and the City of Palo Alto, as amended (the “Basic Partner Agreement”). B. The RWQCP treats effluent from several cities and other entities – the cities of Los Altos, Palo Alto, and Mountain View, the Town of Los Altos Hills, the East Palo Alto Sanitation District, and Stanford University. These entities are collectively referred to as the “RWQCP Partner Agencies”. C. Currently, most of the Effluent is discharged to the San Francisco Bay after treatment. Only five percent is further treated to be used as Recycled Water to meet the limited present demand for Recycled Water in the RWCQP Service Area. While Palo Alto anticipates greater utilization of Recycled Water will occur with an advanced water purification facility project underway at the RWQCP, most of the Effluent would continue to be released into the Bay. D. In late 2019, Palo Alto, the City of Mountain View (“Mountain View”), and the Santa Clara Valley Water District (“Valley Water”) entered into a long-term agreement that would annually transfer 9 MGD of Effluent to Valley Water for regional recycled water projects as part of an effort to develop locally reliable water supply sources to offset supplies of water that would otherwise be imported via the Sacramento-San Joaquin River Delta and its tributaries, including the Tuolumne River and other mountain streams. This agreement, known as the Partnership Agreement to Advance Resilient Water Reuse Programs in Santa Clara County between Palo Alto, Mountain View, and Valley Water (referred to herein as the “Valley Water Agreement”), became effective on December 10, 2019 and is incorporated herein by reference. E. Under the Valley Water Agreement, Valley Water will pay an annual option payment to Palo Alto to be divided proportionally among RWQCP Partner Agencies that DocuSign Envelope ID: 72AD336A-EFB5-41D5-8BE0-C5AFCEF239A8 Attachment A 2 Effluent Transfer Agreement to Advance Resilient Water Reuse Programs in Santa Clara County 2020060101 commit to a long-term transfer of Effluent to Valley Water. Valley Water’s option expires after 13 years. If, and when, Valley Water exercises its option to receive the Effluent, it will pay to Palo Alto $1 million per year for up to 9 MGD of Effluent. The $1 million would also be divided proportionally among the RWQCP Partner Agencies based on the percentage share of the Effluent provided. F. Los Altos desires to make the commitment to provide its Effluent to Valley Water for purposes of the Valley Water Agreement. G. This Agreement will benefit Los Altos, Palo Alto, and a County-wide effort to achieve cost effective, environmentally beneficial utilization of treated wastewater and to establish a more resilient water supply, especially during drought conditions. NOW, THEREFORE, in consideration of the mutual promises set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows. AGREEMENT ARTICLE A. Definitions As used in this Agreement, the following terms have the following meanings. (a) Effluent: Tertiary treated wastewater from the RWQCP that meets National Pollutant Discharge Elimination System permit requirements. (b) MGD: Million gallons per day, expressed as an annual average, unless otherwise noted. (c) Minimum Flow Delivery: An annual average of 9 MGD of Effluent to be supplied by the RWQCP to Valley Water, consistent with Appendix 1. (d) Recycled Water: Effluent that is treated to meet California Code of Regulations Title 22 requirements for non-potable water. (e) RWQCP: The Palo Alto Regional Water Quality Control Plant. (f) RWQCP Partner Agencies: The cities of Palo Alto, Mountain View, and Los Altos, the Town of Los Altos Hills, the East Palo Alto Sanitary District, and Stanford University. DocuSign Envelope ID: 72AD336A-EFB5-41D5-8BE0-C5AFCEF239A8 3 Effluent Transfer Agreement to Advance Resilient Water Reuse Programs in Santa Clara County 2020060101 (g) RWQCP Service Area: RWQCP Service Area includes the service areas of the RWQCP Partner Agencies. (h) Startup: The point in time when Valley Water begins to receive Effluent, following initial testing and commissioning, or the point in time when Valley Water begins to pay for the Effluent as part of its Regional Program, pursuant to the Valley Water Agreement, whichever is earlier. (i) Valley Water Agreement: The Partnership Agreement to Advance Resilient Water Reuse Programs in Santa Clara County between Palo Alto, Mountain View, and Valley Water which became effective on December 10, 2019. ARTICLE B - Terms 1. Term. This Agreement shall be in effect on June 7, 2021. The Term of the Agreement shall be dependent upon the actions of Valley Water under the Partnership Agreement to Advance Resilient Water Reuse Programs in Santa Clara County between Palo Alto, Mountain View, and Valley Water (the “Valley Water Agreement”) as follows: a. If Valley Water does not exercise its option to receive Effluent, this Agreement shall terminate when the time for Valley Water to exercise the option expires. b. If Valley Water does exercise the option, this Agreement shall remain in effect so long as Valley Water continues to receive and pay for treated effluent under the Valley Water Agreement, up to 76 years from the effective date of the Valley Water Agreement. c. If for any reason the Valley Water Agreement is terminated or the Effluent Transfer provision in Article D (Effluent Delivery to Valley Water) of the Valley Water Agreement is terminated by the parties to that agreement, then this Agreement will also terminate. 2. Commitment of Effluent. a. Los Altos commits and agrees to transfer, and allows Palo Alto to effect the transfer, of 60 percent to 100 percent of Los Altos’ effluent flow into the RWQCP to Valley Water each year for the Term of this Agreement. b. When Palo Alto provides notice to Los Altos of the date for Startup, Los Altos will provide to Palo Alto a firm commitment of the amount of Los Altos’ effluent flow into the RWQCP that Palo Alto may transfer to Valley Water upon Startup and for the remainder of that fiscal year. The amount shall be no less than 60 percent, DocuSign Envelope ID: 72AD336A-EFB5-41D5-8BE0-C5AFCEF239A8 4 Effluent Transfer Agreement to Advance Resilient Water Reuse Programs in Santa Clara County 2020060101 and up to 100 percent, of Los Altos’ effluent flow for the covered period. c. Every January 31st after Startup, Los Altos will provide to Palo Alto a firm commitment of the amount of Los Altos’ effluent flow into the RWQCP that Palo Alto may transfer to Valley Water in the next fiscal year (July 1 of the same year to June 30 of the following year). The amount shall be no less than 60 percent, and up to 100 percent, of Los Altos’ effluent flow for the fiscal year period. 3. Option Payments Prior to Startup a. Amount of Payment. Under the Valley Water Agreement, Palo Alto will receive from Valley Water $100,000 per year (in 2019 dollars, subject to annual adjustment based on CPI) (“Annual Commitment Payment”) until (a) June 1, 2033, or (b) at Startup, whichever occurs first. Each year, Palo Alto will distribute to Los Altos and other RWQCP Partner Agencies (other than Palo Alto and Mountain View) that have committed their Effluent for the term of this Agreement by January 31st of the same calendar year, the Annual Commitment Payment divided proportionally among the agencies, by the percentage of the effluent received at the RWQCP attributable to each agency. b. Timing of Payment. Each year beginning in 2021, Palo Alto shall provide to Los Altos its share of the Annual Commitment Payment by applying the amount of its share as a credit on future partner billing under the Basic Partner Agreement. c. Responsibility for Payment. Palo Alto’s obligations in this Section 3 are contingent on Valley Water transferring the funds to Palo Alto. Palo Alto’s responsibility to distribute the payment to Los Altos only occurs upon receipt of the Annual Commitment Payment from Valley Water. 4. Payments for Effluent a. Amount of Payment. Under the Valley Water Agreement, upon Startup, Palo Alto will receive from Valley Water $1,000,000 per year (in 2019 dollars, subject to annual adjustment based on CPI) (“Effluent Purchase Payment”) for the Minimum Flow Delivery during the term of the Valley Water Agreement, subject to proration in the first year and payments provided by August 31 for the preceding fiscal year. If the amount of Effluent provided to Valley Water falls below 9 MGD in any year, the amount of the Effluent Purchase Payment will be reduced in proportion. DocuSign Envelope ID: 72AD336A-EFB5-41D5-8BE0-C5AFCEF239A8 5 Effluent Transfer Agreement to Advance Resilient Water Reuse Programs in Santa Clara County 2020060101 Palo Alto will distribute to Los Altos and other RWQCP Partner Agencies (including Palo Alto and Mountain View) that have committed their Effluent for transfer to Valley Water by January 31st of the same calendar year, the Effluent Purchase Payment received from Valley Water divided proportionally among the agencies based on the actual amount of Effluent provided to Valley Water attributable to each agency that year. b. Timing of Payments. Palo Alto shall provide to Los Altos its share of the Effluent Purchase Payment by applying the amount of its share as a credit on future partner billing under the Basic Partner Agreement. c. Responsibility for Payment. Palo Alto’s obligations under this Section 4 are contingent on Valley Water transferring the funds to Palo Alto. Palo Alto’s responsibility to distribute the payment to Los Altos only accrues upon receipt of the annual Effluent Purchase Payment from Valley Water. 5. Future Sale of Additional Effluent. If Effluent in excess of 9 MGD is available and Valley Water desires to purchase additional Effluent, any future sale will be shared proportionally among the participating RWQCP Partner Agencies that desire to participate in any future sale. Palo Alto will provide Los Altos with notice of the proposed terms for a future sale and an opportunity to comment and discuss with Palo Alto prior to Palo Alto entering into an agreement or amendment governing such sale with Valley Water. 6. Local Water Conservation Programs Allowed; No Minimum Flow Required. Los Altos will continue to encourage water conservation and future water conservation programs. Nothing in this Agreement requires Los Altos to guarantee a minimum effluent flow into the RWQCP. 7. Choice of Law. This Agreement shall in all respects be interpreted, enforced, and governed by and under the laws of the State of California. The Parties agree that the venue of any action, proceeding or counterclaim shall be in the County of Santa Clara, California. 8. Amendments. This Agreement may not be modified or amended except by a writing signed by the Parties. DocuSign Envelope ID: 72AD336A-EFB5-41D5-8BE0-C5AFCEF239A8 6 Effluent Transfer Agreement to Advance Resilient Water Reuse Programs in Santa Clara County 2020060101 9. Captions. The captions in this Agreement are for reference only and shall in no way define or interpret any provision hereof. 10. Counterparts. This Agreement may be executed in identical counterpart copies, each of which shall be an original, but all of which taken together shall constitute one and the same agreement. 11. Attorneys' Fees. In the event of a dispute between the Parties with respect to the terms or conditions of this Agreement, the prevailing party is entitled to collect from the other its reasonable attorneys' fees as established by the judge presiding over such dispute. 12. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior written or oral understandings. 13. Waiver. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement (1) shall be effective unless it is in writing and signed by the Party making the waiver; (2) shall be deemed to be a waiver of, or consent, to any other breach, failure of a condition, or right or remedy, or (3) shall be deemed to constitute a continuing waiver unless the writing expressly so states. // // // // // // // // // DocuSign Envelope ID: 72AD336A-EFB5-41D5-8BE0-C5AFCEF239A8 7 Effluent Transfer Agreement to Advance Resilient Water Reuse Programs in Santa Clara County 2020060101 // IN WITNESS WHEREOF, the Parties have executed this Agreement which shall take effect on the Effective Date as stated above. CITY OF LOS ALTOS, A California municipal corporation By: ________________________________ Brad Kilger Interim City Manager APPROVED AS TO FORM: By: ________________________________ Jolie Houston City Attorney CITY OF PALO ALTO A California Chartered Municipal Corporation By: ______________________________ Ed Shikada City Manager APPROVED AS TO FORM: By: _____________________________ Aylin Bilir Deputy City Attorney DocuSign Envelope ID: 72AD336A-EFB5-41D5-8BE0-C5AFCEF239A8 1-DocuSigned by : ~0B31E7C58B41464 .. City of Palo Alto (ID # 12026) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/7/2021 City of Palo Alto Page 1 Summary Title: Underground District 46 Completion Project Construction Contract & Budget Amendment Title: Approval of Contract C21179800A With Pacific International Electric Company, Inc. in the Amount of $943,639 for the Underground District 46 Completion Project, and Authorization to Execute and Negotiate Related Change Orders in the Amount of $188,728 for a Total Not -to-Exceed Amount of $1,132,367; and Approval of Budget Amendment in the Electric Fund From: City Manager Lead Department: Utilities Recommendation Staff recommends that Council: 1. Approve and authorize the City Manager or designee to execute the Contract C21179800A (Linked Here) with Pacific Industrial Electric, Inc. in the amount of $943,639 for the removal and installation of the overhead utility lines as part of the completion work for the Underground Utility District 46 (UUD 46) (Project EL-12001); 2. Approve and authorize the City Manager or designee to negotiate and execute one or more change orders to Contract C21179800A with Pacific Industrial Electric, Inc. for additional related, but unforeseen, work which may develop during the project, the total value of which shall not exceed $188,728 (approximately 20% of the contract price) for a total not-to-exceed amount of $1,132,367; and 3. Amend the Fiscal Year 2021 Budget Appropriation for the Electric Fund by: a) Increasing the CIP Project Underground Utility District No. 46 (EL-12001) appropriation in the amount of $500,000 to cover the remaining phases of work; and b) Decreasing the Electric Operations Reserve in the amount of $500,000. Background At its meeting on October 20, 2014, the City Council passed Ordinance No. 5276 establishing Underground Utility District No. 46 (“UUD 46”). This project involves the conversion of overhead utility (City of Palo Alto, AT&T, and Comcast) facilities to underground serving eight properties. The new underground system along the area of W. Charleston Road, crossing El CITY OF PALO ALTO City of Palo Alto Page 2 Camino Real Road, Arastradero Road up to Alta Mesa Avenue (Linked Document – Project Boundary Map) is installed in the public right-of-way. Discussion Project Description The overall project involves the conversion of overhead utility facilities to underground within the project boundary. Construction is divided into four phases: • Phase I – Substructure installation, consisting of trenching and placement of conduits, vaults, boxes, risers, and pads in the public right-of-way and in public utility easements to contain the utility equipment. This phase has been completed. • Phase II – Installation, testing and energization of new underground electric and communication lines and equipment. This phase to be completed by June 2021. • Phase III – Customer service conversions – all five (5) affected property owners will be required to connect to the new underground system. All but one remaining customer has converted to underground. Remaining customer is working on getting their underground service converted soon. • Phase IV – Completion of the remaining overhead line facilities, which will cover the removal of remaining overhead lines and poles and the upgrade of the existing 60KV lines within the project boundary. This is the phase of the project currently under consideration for award of contract to Pacific Industrial Electric. Work included in this Contract C21179800A with Pacific Industrial Electric, Inc. is the last phase of the overall project including labor, tools, equipment, and management of all field activities in coordination with City’s Operations staff, for the installation and removal of the overhead line work. Bid Process On February 11, 2021 the City posted a notice inviting formal bids (IFB) for the UUD 46 Completion project on PlanetBids through the City’s web portal. This was the second time that this project has been put out to bid in the past 12 months. The first time the City received two bids but had to reject the lowest bidder because they did not meet the licensing requirements specified in the bid package, and the second bidder was 9.4% higher than the engineer’s estimate, so both bids were rejected. The project was repackaged to correct the licensing requirements and added more detail to the bid item table, to hopefully attract more competitive bids. The closing date for this rebid was originally March 19, 2021, but at the request of a potential bidder, the closing date was extended one week. The City received one (1) bid on this second solicitation on March 26, 2021, as summarized: BID NAME/IFB NO. UNDERGROUND DISTRICT NO. 46 COMPLETION/IFB NO. 179800 PROPOSED LENGTH OF PROJECT 3 Months (90 Calendar Days) NUMBER OF VENDORS NOTIFIED THROUGH 988 City of Palo Alto Page 3 PLANETBIDS NUMBER OF BID PACKAGES DOWNLOADED FROM PLANET BIDS 37 TOTAL DAYS TO RESPOND BID 43 Days PRE-BID MEETING MANDATORY No NUMBER OF COMPANY ATTENDEES AT PRE-BID MEETING 0 NUMBER OF BIDS RECEIVED 1 BID PRICE RANGE Sole bid of $943,639 was lower than Engineer’s Estimate of $1,000,000 *Bid summary Linked Here Pacific Industrial Electric is the only contractor that submitted a bid. Staff considered the bid as compliant with the basic requirements to proceed. Staff reviewed the bid (Linked Document – Bid Summary) and recommends that the bid of $943,639 submitted by Pacific Industrial Electric be accepted and that Pacific Industrial Electric be declared the responsible bidder. Pacific Industrial Electric’s bid is approximately 5.64% lower than the engineer’s estimate of $1,000,000 which was based on construction costs for similar work done in previous line construction projects. Staff made inquiries to other contractors to ask why they did not submit a proposal. The contractors cited that they were busy with other projects and did not have resources available to meet the City’s timeline. Therefore, even though this RFP only had one respondent, given the prior responses which were over the engineering estimate of $1.0 million, and this resulted in a lower cost than the engineering estimate, staff continues to recommend moving forward with this contract. The change order amount of $188,728, which equals 20% percent of the total contract, is requested to be added, for related, but any unforeseen work which may de velop during the project. A higher 20% contingency is requested to cover any unforeseen work during the foundation excavation for the two new steel poles and the installation of two temporary poles as described in the scope of work. This is non-typical work for the City; installing steel poles requires 21 feet foundation, which creates uncertainty as to soil conditions and water table concerns. Additionally, one of the temporary poles is to be installed in an easement in the McLaren parking lot, which may result in higher than typical change orders as we coordinate with this business. Staff confirmed with the Contractor's State License Board that the selected contractor has an active license on file. Both the contractor and subcontractor are registered and in good standing with the California Department of Industrial Relations (DIR). Staff checked references supplied by the contractor and got positive responses from them, in terms of safety and performance issues, for both companies, Pacific Industrial Electric, the main contractor, and City of Palo Alto Page 4 Avtech Construction, the concrete subcontractor. Both have worked on electric utility projects (SDG&E and PG&E), substation and sub-transmission, and heavy industrial projects. Resource Impact Funding of $858,000 is currently available for EL-12001 in the FY 2021 budget. Staff recommends an appropriation of $500,000 in the FY 2021 Electric capital budget and offset by a reduction in the Electric Fund operations reserve. Sufficient funding to cover this additional project cost is not available in the CIP Reserve and therefore the operations reserve is recommended to be used for needed funding. Majority of the CIP Reserve balance has been transferred to Operations Reserve over the last couple years to keep rates flat and to maintain Operations Reserve above the minimum reserve guideline. The Operations Reserve is expected to remain within guideline levels after this allocation. Overall, the cost escalation from original budget allocation reflects an original project estimate from 2016 that was not updated as part of the annual budget process and five-year CIP planning process over the subsequent years. In addition, due to current staffing levels, an increased proportion of this project was included in the contractor project scope increasing costs. Remaining funding of $225,000 in this project is needed to cover internal staff time for project management, inspection work, and operations to complete the project. This contract is on the City’s construction contract templ ate, which permits the City to terminate without cause/for convenience by providing written notice to the contractor. In the event the City finds itself facing a challenging budget situation, and it is determined that City resources need to be refocused elsewhere, the City can terminate for convenience. Other options include termination due to non-appropriation of funds or amending the contract to reduce the cost, for example, by reducing the scope of work. The contract may also be temporarily suspended by written notice of the City Manager. Stakeholder Engagement Since the start of this project, staff has been in frequent communication with the property owners directly affected by this project via letters and meetings. Additional details of the construction to be performed under this contract will be communicated to the neighborhoods and other affected project stakeholders in advance of the construction, and every effort will be made to minimize inconvenience to customers. Constant coordination with Pu blic Works on their Charleston-Arastradero Corridor Projects is maintained. Policy Implications The approval of this contract and implementation of this project is consistent with existing City goals, policies and plans including: 2018 Utilities Strategic Plan Priority 2: Collaboration City of Palo Alto Page 5 • Strategy 1, Action 2: Proactively communicate capital improvement projects to mitigate the impacts of construction, while maximizing public support and the allocated financial resources. • Strategy 2, Action 2: Enhance current coordination of scheduling, synchronization and communication of capital improvement, maintenance, operations projects and other Utilities programs and services with other departments to improve implementation and efficiency. Priority 4: Financial Efficiency and Resource Optimization • Strategy 1: Establish a proactive infrastructure replacement program, based on planned replacement before failure to support reliability and resiliency. • Strategy 4: Achieve a sustainable and resilient energy and water supply to meet community needs. • Strategy 5: Engage stakeholders and define CPAU’s role in supporting and facilitating community resiliency. Environmental Review This project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15302(d) of the California Code of Regulations, Title 14, Chapter 3 (conversion of overhead electric utility facilities to underground). 1 Baumb, Nelly From:Rice, Danille Sent:Friday, June 4, 2021 5:48 PM To:Council, City; Council Agenda Email Cc:Executive Leadership Team; ORG - Clerk's Office Subject:Council Agenda Consent Questions for June 7: Items 3, 5, 8 Dear Mayor and Council Members: On behalf of City Manager Ed Shikada, please find below the staff responses to inquiries made by Council Member Cormack and Council Member Tanaka in regard to the June 7, 2021 Council Meeting agenda. Item 3: Underground District 46 Completion Project Construction Contract & Budget Amendment Item 5: Design/Build Contract for Civic Center Fire Life Safety Upgrades Item 8: Adoption of ADA Transition Plan Update Item 3: Underground District 46 Completion Project Construction Contract & Budget Amendment (Question provided by Council Member Tanaka) 1. What is the likelihood that “unforeseen work” or any other unexpected operations will raise the price of the contract by up to 20 percent? Staff is not aware of any unforeseen work but due to the large scope and uniqueness of this project, such as but not limited to depth of excavation needed, for our utilities, staff recommends a 20% contingency. 2. Are there any fiscal implications of removing $500,000 from the Electric Fund operations reserve? This will reduce available funding in the reserve though is not expected to impact overall levels in FY21 and FY22 however the financial forecast models reflect estimates that the reserve will be near minimum levels in FY23. 3. Why was the cost escalation from the 2016 budget allocation not previously accounted for? The original allocation was underestimated and was inadvertently not updated as part of the annual budget process by the department. 4. What amount of new economic productivity, if any, is expected to result from the completion of this project? This addresses resilience and reliability of the system. 5. How long is this infrastructure expected to last before it needs to be replaced? Is this duration shorter than that of the previous/current utilities? The life expectancy of the new facilities should exceed the life expectancy of the existing facilities, new infrastructure typically lasts approximately 40 years. 2 Item 5: Design/Build Contract for Civic Center Fire Life Safety Upgrades (Question provided by Council Member Tanaka) 1. Will everyday municipal work within the Civic Center be disturbed throughout the implementation of the new fire safety protection system? The project duration is anticipated to be eight months including the design phase, with actual installation taking five to six months. Staging installation will encompass one floor per week. The project team will work with affected departments to minimize disruption. 2. Will the new system possess the capacity to adapt to future renovations on the Civic Center and therefore produce substantial longevity? This system is extremely robust and scalable. The current design will tentatively utilize about 25 percent of the current design capacity which could be expanded in the future to accommodate even further development. Additional enhancements include the capability to interact with future alarm needs such as an early detection warning system for earthquakes as well as to interact with the proposed Hexagon CAD system for monitoring Civic Center devices from the new Public Safety Building following its construction. 3. Is the budget allocation described in the contract the final financial burden on the City or will future maintenance for the new fire protection system be necessary? Annual testing is completed in accordance with the fire code on any system, including the existing system. An important safety enhancement to the system includes the ability to continually self‐monitor all the addressable components. This also allows for the annual testing of the system to be performed during regular working hours without disturbing building occupants with the associated noise of the alarms and visual notification devices activating. Testing during non‐overtime hours will also yield a small cost savings of approximately $2,000 per year. 4. How does this fire protection system compare to others in public buildings across the city and will it be setting or meeting the standard for fire protection in Palo Alto? This system currently meets or exceeds the capabilities of fire alarm systems in other City maintained and owned buildings in Palo Alto. It complies with applicable building code requirements, while providing capacity for future expansion. Item 8: Adoption of ADA Transition Plan Update (Question provided by Council Member Cormack) 1. The transition plan schedule at 60 years is quite lengthy. Understanding that this timeframe is typical for changes of this magnitude and cost, would it be appropriate to prioritize the projects based on their usage first and the other criteria thereafter? Staff worked with the consultant to propose a schedule that first prioritized the points of arrival needed for site access, to support a basic level of accessibility. The highest priority also includes current budgeted capital projects which are often at locations with the highest public use. Using existing recurring and one‐time CIP projects helps leverage funding for this work and provides for more complete projects. This schedule is a living document, and as such can be revised to accommodate new capital renovation projects at priority facilities in the future, even if they don’t align with the current schedule. 3 Many of the City’s high use/traffic facilities have been recently rebuilt or renovated using recent codes, so that remaining issues are of a lower priority. The Mitchell Park Library and Community Center (MPLCC) and Civic Center are examples. MPLCC construction was completed in 2014 and the project was designed in compliance with then‐applicable accessibility codes. Renovations at the Civic Center have occurred on individual floors and have included ADA upgrades, while additional ADA upgrades needed on the ground floor are planned as part of the City Council Chambers Upgrade Project CIP TE‐19001. Thank you. Danille Rice Executive Assistant to the City Manager (650) 329‐2105 | danille.rice@cityofpaloalto.org www.cityofpaloalto.org City of Palo Alto (ID # 12055) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/7/2021 City of Palo Alto Page 1 Summary Title: COBUG Repair and Maintenance Contract and Budget Amendment Title: Recommendation to Authorize the City Manager or Designee to Execute a Five -year General Services Agreement With Western Machinery Electric Inc. for Repair and Maintenance of E lectricity Generators at the Municipal Service Center in an Amount Not -to-Exceed $592,248; to Negotiate and Execute one or More Task Orders for Additional Services, as Needed, in an Amount Not-to-Exceed $300,000, for a Total Not-to-Exceed Agreement Amount of $892,248; and Approve a Budget Amendment in the Electric Fund From: City Manager Lead Department: Utilities Recommendation Staff recommends that Council: 1. Authorize the City Manager or designee to execute a five-year general services agreement (C21181136) with Western Machinery Electric Inc. (Linked Document) for repair and maintenance of four natural gas-fueled, grid-connected backup electricity generators at the Municipal Service Center in an amount not to exceed $592,968; and authorize the City’s Project Manager to negotiate and execute one or more Task Orders (as detailed in the agreement) for Additional Services, as needed, in an amount not to exceed $300,000, for a total not-to-exceed amount of the agreement of $892,968; 2. Amend the FY 2021 Budget Appropriation for the Electric Fund by: a. Increasing the Utilities Department Electric Operating appropriation for contract services by $616,521; and b. Decreasing the Electric Supply Fund Reserve by $616,521. (2/3 approval required) Background In 2002, shortly after experiencing a series of rolling blackouts during the 2000 -2001 California energy crisis, the City decided to invest in a set of locally-sited natural gas-fired back-up electricity generators to minimize the impact of such events in the future by enabling the City to run its generators to reduce or eliminate rotating outages for its customers during a rolling CITY OF PALO ALTO City of Palo Alto Page 2 blackout event. These four generators, together known as the Cooperatively Owned Back-Up Generator (COBUG), total 4.5 MW in electrical capacity. In 2008, since California’s generating capacity shortages had largely been relieved, these units were repurposed. Staff registered the units with the transmission grid operator, the California Independent System Operator (CAISO), as a resource available to meet City of Palo Alto Utility’s (CPAU) electrical resource adequacy1(RA) regulatory obligations, making it available to maintain electric transmission grid reliability in emergency situations. These units have successfully served CPAU’s RA obligations, saving hundreds of thousands of dollars a year for over 15 years for Palo Alto’s electric rate-payers. However, it means that these units are made available to the CAISO during a rolling blackout event rather than being reserved solely for Palo Alto. Discussion In the Spring of 2019, the COBUG units were unable to reliably start on demand. The cause of this malfunction was diagnosed to be the failure of the electron ic control systems. The replacement of the electronic control system will cost $333,284. Staff is also requesting a contingency amount of $300,000 due to the age of the four emergency generators and ancillary materials. For example, potential future replacements may include radiator replacement which could cost $80,000. Economics of Repairing the COBUG Units Under CAISO regulations CPAU is obligated to own (or purchase from a third party) RA capacity sufficient to meet CPAU’s electrical load obligations. If the COBUG becomes non-operational for an extended period, CPAU would be obligated to purchase replacement RA capacity in the open market at a cost of roughly $350,000 per year at current market prices. After accounting for the annual operating and maintenance cost of $100,000 to 150,0002 for five years for the COBUG unit, the net value of an operational COBUG to CPAU is roughly $200,000 per year. Hence, staff finds that investing $335,000 on repair will result in a simple pay-back period of 1.7 years. While staff is confident that the replacement of the control panels will make the units fully operational, over the course of the next five years there may be additional unanticipated repairs that are needed. Due to the age of the equipment and high cost of repairs for these units, $300,000 in contingency funding is included in the not-to-exceed amount of $892,968. Table 1 illustrates the components of the contract. 1 Electrical Resource Adequacy (RA) is a regulation by the CAISO to ensure that each electric utility (or electric load serving entity) has sufficient electric generation capacity to meet the peak electrical load plus 15% reserve needs to serve the peak loads of each utility. This ensures sufficient generation capacity is available statewide to reliably meet the electrical loads of the state. 2 The $150,000 annual operational maintenance cost estimates consist of $50k to $100k for third party vendor maintenance contract and $50K for in-house fuel, operating it as a CAISO unit and other related costs. City of Palo Alto Page 3 Table 1: Outline of Projected Expenditure Over 5-Years + Contingency Year 1 Year 2 Year 3 Year 4 Year 5 Total Initial Repair $333,284 $333,284 Preventative Maintenance $91,556 $29,368 $35,224 $156,148 Monthly Start-up $19,488 $20,112 $20,736 $21,264 $21,936 $103,536 $444,328 $20,112 $50,104 $21,264 $57,160 $592,968 Contingency $200,000 $100,000 $300,000 Total Not-to-Exceed Amount $892,968 Since the COBUG units have not been operational since Spring of 2019, staff recommends full preventive maintenance in the first year. The preventive maintenance includes sealant spray of electrical connections, lube oil and filter, coolant and hose replacement, pressure test cooling system, spark plug replacement, and valve adjustments. Since the COBUG unit generally operates in back-up mode, except for a few hours per month for regulatory required testing purposes, the equipment is anticipated to last at least another 5 to 10 years. Alternate Options Examined Staff also considered replacing the COBUG equipment with equivalent battery energy storage systems (BESS), but found the costs were in the $12 million to $15 million range. Replacing the COBUG with another new reciprocating engine electrical generator system was estimated to cost $6 million to $7 million. Based on these high capital costs, staff found repairing the current units to be the most economical option. Staff also evaluated the option of scrapping the equipment and repurposing space at the Municipal Services Center and found having the COBUGs on site for the next five years would be the best use of the space. Based on the above assessment and alternatives considered, staff recommends that the City proceed with the repair of the unit and contract with Western Machinery Electric Inc. to repair and maintain these units over the next five years. Summary of Bid Process On December 29, 2020, a Request for Proposal (RFP) for Repair and Maintenance Service of Natural-gas Fueled Generator Sets was posted on the City’s eProcurement system and notices were sent to prospective vendors. One proposal was received from Western Machinery on February 16, 2021. The following table summarizes the results of the RFP solicitation. Summary of Solicitation Process: PROPOSAL DESCRIPTION REPAIR AND MAINTENANCE SERVICE OF NATURAL-GAS FUELED GENERATOR SETS Proposed Length of Project 5-year contract Number of Vendors Notified 380 I t City of Palo Alto Page 4 Number of Prospective Proposers 4 Number of Proposal Packages Downloaded 16 Total Days to Respond to Proposal 49 Pre-Proposal Meeting? Yes Pre-Proposal Meeting Date January 12, 2021 Number of Proposals Received: 1 Proposal Estimated Price Range N/A Staff evaluated the proposal to ensure that Western Machinery met the criteria identified in the RFP. Staff rated Western Machinery, as the recommended proposer based on: • Quality of the proposal; • Quality, performance and effectiveness of the solution, goods and/or services to be provided by the contractor; • Contractor’s experience, including the experience of staff to be assigned to the project, with engagements of similar scope and complexity; • Cost to the City; • Contractor’s financial stability; • Contractor’s ability to perform the contract within the time specified; • Contractor’s prior record of performance with city or others; • Contractor’s ability to provide future maintenance, repairs, pats and/or services; and • Contractor’s compliance with applicable laws, regulations, policies (including city council policies), guidelines and orders governing prior or existing contracts performed by the contractor. Western Machinery’s retrofit team also has 24 years of experience working on Deutz retrofits with the same ComAp/CoMap and Heinzmann ignition controllers, custom switch gear, and tems panels as equipped by the COBUG, and has performed these retrofits for other agencies. This experience is critical to the successful replacement of the electronic control system. Nonsubmission Western Machinery was one of four contractors to attend the mandatory pre-bid meeting, and the only contractor to submit a bid. Two contractors cited a lack of expertise or ability to subcontract the replacement of the electronic control systems, and one contractor cited a family medical emergency and a COVID-19 exposure to one of their employees as the reason they were unable to submit bids. Resource Impact Since the failure of the electronic control system is unexpected, funds are not available in the FY 2021 budget. Staff recommends an appropriation of $616,521 in the FY 2021 Electric Fund operating budget and offset by a reduction in the Electric Supply Fund reserves. Upon approval of the amendment to the FY 2021 Budget for the electric fund, funding for the first City of Palo Alto Page 5 year of this contract, $616,521, will become available in the Electric Supply Utilities Fund. Funding for subsequent years of the contract is subject to Council approval of the annual appropriation of funds through the budget process. By repairing and maintaining the generation unit, the electric supply fund will be able to avoid purchasing generation services (to provide resource adequacy services) in the open market for $350,000 per year. Avoidance of the annual RA payment makes this project economical, with a payback period of less than two years. Public Works Department, Fleet Division, will continue to be responsible for the oversight of this maintenance/repair agreement, and will charge the cost of the repair and maintenance to the Electric Fund as repair costs are incurred. This contract is on the City’s general services contract template, which permits the City to terminate without cause/for convenience by providing written notice to the contractor. In the event the City finds itself facing a challenging budget situation, and it is determined that City resources need to be refocused elsewhere, the City can terminate for convenience. Other options include termination due to non-appropriation of funds or amending the contract to reduce the cost, for example, by reducing the scope of work. Policy Implications Authorization of this agreement meets the CPAU mission to provide safe, reliable, environmentally sustainable, and cost-effective services. Environmental Review This contract is exempt from the California Environmental Quality Act (CEQA) under Section 15301 in that the contract relates to ongoing operations. The contractor is required to comply with all federal, state, and local environmental laws and regulations applicable to the transportation and delivery of automotive fuels. City of Palo Alto (ID # 12056) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/7/2021 City of Palo Alto Page 1 Summary Title: Design/Build Contract for Civic Center Fire Life Safety Upgrades Title: Approval of a Design -build Contract With Johnson Controls Fire Protection LP in the Amount of $517,280, and Authorization for the City Manager to Negotiate and Execute R elated Change Orders With Johnson Controls Fire Protection LP for a Not -to-Exceed Amount of $51,728, for a Total Not-to-Exceed Contract Amount of $569,008 for the Civic Center Fire Life Safety Upgrades, Capital Improvement Program Project PE -18016 From: City Manager Lead Department: Public Works Recommended Motion Staff recommends that Council: 1. Approve and authorize the City Manager or designee to execute a design-build contract with Johnson Controls Fire Protection LP (Contract No. C21179385) in an amount not-to- exceed $517,280 for design and construction of the Civic Center Fire Life Safety Upgrades Capital Improvement Program project, PE-18016; and 2. Authorize the City Manager or designee to negotiate and execute change orders to the contract with Johnson Controls Fire Protection LP for related additional, but unforeseen work that may develop during the project, the total value of which shall not exceed $51,728. Background The City of Palo Alto Civic Center is now over 50 years old. There have been numerous remodels within the structure over the past several decades. More recently, a number of new rooms and public areas have been constructed which require additional initiating and notification devices to be added to the fire safety system to comply with current codes. The existing fire alarm system has not been upgraded in over twenty-five years and has exceeded its capacity for expansion. CITY OF PALO ALTO City of Palo Alto Page 2 Current life safety codes require that each of the newly constructed rooms include notification devices for the occupants within. This will also require the installation of additional initiating devices. The existing fire alarm system does not have capacity for the required new devices. The intent of the replacement equipment is to improve the resiliency and reliability of the City’s fire life safety system by replacing the existing outdated system, ensuring adequate protection to all areas of the Civic Center. Discussion The Request for Proposal (RFP) for the project, consistent with a design-build approach, was advertised with sufficient information for a specialized vendor to finalize the design, obtain any necessary permits, and propose a not-to-exceed fee for the total project including installation. The installation will include additional placements of new notification and initiation devices, rewiring portions of the building (as necessary), and successfully assimilating the new system into the same location as the existing fire alarm control panel. Procurement Process On August 25, 2020, an RFP for the Civic Center Fire Life Safety Project was posted on the PlanetBids portal and sent to 17 contractors. The procurement period was 53 days. Proposals were received from one qualified firm on October 16, 2020, as listed in the Summary of RFP Process below. Summary of RFP Process RFP NAME/NUMBER CIVIC CENTER FIRE LIFE SAFETY PROJECT, CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT PE-18016 / RFP # 179385 PROPOSED LENGTH OF PROJECT 270 calendar days NUMBER OF CONTRACTORS CONTACTED 1624 NUMBER OF WEBSITES 1 (PlanetBids) TOTAL DAYS TO RESPOND TO RFP 53 MANDATORY PRE-PROPOSAL MEETING September 4, 2020 at 9:00 A.M. NUMBER OF COMPANY ATTENDEES AT PRE-PROPOSAL MEETING 8 NUMBER OF PROPOSALS RECEIVED: 1 PROPOSAL PRICE RANGE $546,782 plus $29,200 for Alternate Scope #1 Staff reviewed the proposal submitted and recommends that a contract be awarded to Johnson Controls Fire Protection LP. The proposed system is very robust and will ensure future City of Palo Alto Page 3 expansion capability to meet the Civic Center’s growth needs well into the future. The system includes a much-needed replacement of the pre-action system that protects the City’s information technology equipment and server areas. This item was originally proposed by the Design Build Entity (DBE) as Alternate Scope #1, but through further negotiations it is now included as part of the Base Bid. An important safety enhancement to the system includes the ability to continually self-monitor all the addressable components. This also allows for the annual testing of the system to be performed during regular working hours without disturbing building occupants with the associated noise of the alarms and visual notification devices activating. Testing during non-overtime hours will also yield a small cost savings of approximately $2,000 per year. Additional enhancements include the capability to interact with future alarm needs such as an early detection warning system for earthquakes as well as to interact with the proposed Hexagon CAD system for monitoring Civic Center devices from the new Public Safety Building following its construction. The Johnson Controls Fire Protection LP proposal best accomplishes the City’s needs as requested in the RFP and is reasonable for the scope of work requested . Staff further negotiated the final scope, schedule, and total compensation of $517,280 (inclusive of Alternate Scope #1) in the attached contract with Johnson Controls Fire Protection LP to align with the available CIP budget. The recommended contract will implement a design-build, turnkey project which includes design, provision of all parts and equipment, and installation of the fire life safety system as depicted in the RFP. A contract contingency amount of $51,728 (which equals 10 percent of the total contract) is requested for related, additional but unforeseen work which may develop during the project. Staff also contacted the listed references for Johnson Controls Fire Protection LP and found that they have performed satisfactory work on past construction projects for other clients. Timeline Once the contract is approved, the Notice to Proceed will be issued. Staff anticipates the design-build process to take approximately nine months. Resource Impact Funding for this contract is available in the Civic Center Fire Life Safety Upgrades project (PE- 18016). This contract is on the City’s design-build contract template, which permits the City to terminate without cause/for convenience by providing written notice to the contractor. In the event the City finds itself facing a challenging budget situation, and it is determined that City resources need to be refocused elsewhere, the City can terminate for co nvenience. Other options include termination due to non-appropriation of funds or amending the contract to reduce the cost, for example, by reducing the scope of work. City of Palo Alto Page 4 Policy Implications This project aligns with the City’s ongoing efforts of safety an d security for Palo Alto residents by investing in the maintenance and improvement of the City’s civic buildings. Stakeholder Engagement Initial preplanning for this project was completed during the mandatory pre -bid conference which included representatives from City of Palo Alto Fire, Police, and Public Works Departments. Each department will have further opportunities for review and comment during the final planning and permitting functions. Environmental Review This project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301 Class 1 of the CEQA Guidelines as repair, maintenance and/or minor alteration of the existing facilities and no further environmental review is necessary. Attachments: • Attachment A: C21179385 JCI Design-Build Contract DESIGN-BUILD 1 2021 CONTRACT DESIGN-BUILD CONTRACT Contract No. C21179385 City of Palo Alto Civic Center Fire Life Safety Upgrades Project Attachment A CI TY OF PALO ALTO DESIGN-BUILD 2 2021 CONTRACT DESIGN-BUILD CONTRACT TABLE OF CONTENTS SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS ................................................................... 4 1.1 Recitals .............................................................................................................................................. 4 1.2 Definitions ......................................................................................................................................... 4 SECTION 2 THE PROJECT ............................................................................................................................. 4 SECTION 3 THE CONTRACT DOCUMENTS ................................................................................................... 5 3.1 List of Documents .............................................................................................................................. 5 3.2 Order of Precedence ......................................................................................................................... 5 SECTION 4 DBE’S DUTY ............................................................................................................................... 6 4.1 Relationship of Trust and Confidence ............................................................................................... 6 4.2 Scope of Services ............................................................................................................................... 6 4.3 Design Services .................................................................................................................................. 6 4.4 Construction Services ........................................................................................................................ 7 4.5 DBE’s Subcontractors ........................................................................................................................ 8 4.6 Coordination of Work ........................................................................................................................ 8 4.7 DBE’s Representative ........................................................................................................................ 9 SECTION 5 PROJECT TEAM .......................................................................................................................... 9 SECTION 6 TIME OF COMPLETION .............................................................................................................. 9 6.1 Time is of Essence ............................................................................................................................. 9 6.2 Commencement of Work .................................................................................................................. 9 6.3 Contract Time .................................................................................................................................... 9 6.4 Liquidated Damages .......................................................................................................................... 9 6.5 Adjustments to Contract Time .......................................................................................................... 9 SECTION 7 COMPENSATION TO DBE......................................................................................................... 10 7.1 Contract Sum ................................................................................................................................... 10 7.2 Full Compensation........................................................................................................................... 10 SECTION 8 STANDARD OF CARE ................................................................................................................ 10 SECTION 9 INDEMNIFICATION .................................................................................................................. 10 9.1 Hold Harmless ................................................................................................................................. 10 9.2 Survival ............................................................................................................................................ 10 SECTION 10 NONDISCRIMINATION ............................................................................................................. 11 SECTION 11 INSURANCE AND BONDS ......................................................................................................... 11 SECTION 12 PROHIBITION AGAINST TRANSFERS ........................................................................................ 11 SECTION 13 NOTICES .................................................................................................................................. 11 13.1 Method of Notice ............................................................................................................................ 11 13.2 Notice Recipients ............................................................................................................................ 11 13.3 Change of Address........................................................................................................................... 12 SECTION 14 DEFAULT .................................................................................................................................. 12 14.1 Notice of Default ............................................................................................................................. 12 14.2 Opportunity to Cure Default ........................................................................................................... 13 DESIGN-BUILD 3 2021 CONTRACT SECTION 15 CITY’S RIGHTS AND REMEDIES ................................................................................................ 13 15.1 Remedies Upon Default .................................................................................................................. 13 15.2 Delays by Sureties ........................................................................................................................... 14 15.3 Damages to City .............................................................................................................................. 14 15.4 Suspension by City .......................................................................................................................... 14 15.5 Termination Without Cause ............................................................................................................ 15 15.6 DBE’s Duties Upon Termination ...................................................................................................... 16 SECTION 16 DBE’S RIGHTS AND REMEDIES ................................................................................................ 16 16.1 DBE’S Remedies............................................................................................................................... 16 16.2 Damages to DBE .............................................................................................................................. 17 SECTION 17 ACCOUNTING RECORDS .......................................................................................................... 17 17.1 Financial Management and City Access .......................................................................................... 17 17.2 Compliance with City Requests ....................................................................................................... 17 SECTION 18 INDEPENDENT PARTIES ........................................................................................................... 17 SECTION 19 NUISANCE ................................................................................................................................ 17 SECTION 20 PERMITS AND LICENSES .......................................................................................................... 18 SECTION 21 WAIVER ................................................................................................................................... 18 SECTION 22 GOVERNING LAW AND VENUE ............................................................................................... 18 SECTION 23 COMPLETE AGREEMENT ......................................................................................................... 18 SECTION 24 SURVIVAL OF CONTRACT ........................................................................................................ 18 SECTION 25 PREVAILING WAGES ................................................................................................................ 18 SECTION 26 NON APPROPRIATION ............................................................................................................. 19 SECTION 27 AUTHORITY.............................................................................................................................. 19 SECTION 28 COUNTERPARTS ...................................................................................................................... 19 SECTION 30 STATUTORY AND REGULATORY REFERENCES ......................................................................... 20 SECTION 31 WORKERS’ COMPENSATION CERTIFICATION .......................................................................... 20 SECTION 32 DIR REGISTRATION AND OTHER REQUIREMENTS ................................................................... 20 32.1 General Notice to Contractor .......................................................................................................... 20 32.2 Labor Code section 1771.1(a) ......................................................................................................... 20 32.3 DIR Registration Required ............................................................................................................... 20 32.4 Posting of Job Site Notices .............................................................................................................. 20 32.5 Payroll Records ................................................................................................................................ 20 32.6 Employment of Apprentices ........................................................................................................... 21 DESIGN-BUILD 4 2021 CONTRACT DESIGN-BUILD CONTRACT THIS DESIGN-BUILD CONTRACT (“Contract” or “Agreement”) entered into on _______, 2021 (“Execution Date”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("City"), and JOHNSON CONTROLS FIRE PROTECTION LP, a Design-Build Entity ("DBE" or “Design-Build Team” or “DBT”), is made with reference to the following: R E C I T A L S: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. DBE is a limited partnership duly organized and in good standing in the State of Delaware, DBE’s California License Number 986047. DBE represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Design-Build Contract. C. On August 25, 2020, City issued a Request for Proposals (“RFP”) to DBEs for the Civic Center Fire Life Safety Upgrades (“Project”). In response to the RFP, DBE submitted a Proposal. D. City and DBE desire to enter into this Design-Build Contract to provide the Design-Build Services for the Project, and other such services as identified in the Contract Documents for the Project upon the following terms and conditions. NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows: SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS. 1.1 Recitals. All of the recitals are incorporated herein by reference. 1.2 Definitions. Capitalized terms shall have the meanings set forth in the RFP, this Design-Build Contract and/or in the General Conditions. If there is a conflict between the definitions in the RFP, this Design-Build Contract or in the General Conditions, the definitions in this Design-Build Contract shall prevail. SECTION 2 THE PROJECT. The Project is the Civic Center Fire Life Safety Upgrades Project, located at 250 Hamilton Avenue, Palo Alto, CA. 94301. SECTION 3 THE CONTRACT DOCUMENTS. 3.1 List of Documents. The Contract Documents (sometimes collectively referred to as “Agreement” or “Contract”) consist of the following documents which are hereby incorporated into this Design-Build Contract by reference. 1) Change Orders DESIGN-BUILD 5 2021 CONTRACT 2) Field Orders 3) Design-Build Contract 4) RFP Addenda 5) Special Provisions 6) General Conditions 7) Approved Design Documents (to be developed by DBE) 8) Bridging Documents 9) Performance and Payment Bonds 10) Instructions to Proposers 11) Request for Proposals (RFP) 12) DBE's Proposal/Non-Collusion Affidavit 13) Reports listed in the Contract Documents 14) Public Works Department’s Standard Drawings and Specifications (most current version at time of Proposal) 15) Utilities Department’s Water, Gas, Wastewater, Electric Utilities Standards (most current version at time of Proposal) 16) City of Palo Alto Traffic Control Requirements 17) City of Palo Alto Truck Route Map and Regulations 18) Pre-Qualification Questionnaire 3.2 Order of Precedence. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, the Contract Documents shall have the order of precedence as set forth in the preceding section. If a claimed inconsistency cannot be resolved through the order of precedence, the City shall have the sole power to decide which document or provision shall govern as may be in the best interests of the City. SECTION 4 DBE’S DUTY. 4.1 Relationship of Trust and Confidence. DBE accepts the relationship of trust and confidence established between it and City by this Contract. DBE agrees to furnish the Design-Build Services necessary for the design and completion of the Project and agrees to furnish efficient business admin istration and superintendence, and to use its best efforts to complete the Project in the best and soundest way and in the most efficient and economical manner consistent with the best interest of City. DESIGN-BUILD 6 2021 CONTRACT 4.1.1 DBE represents that it is an independent DBE and that it is familiar with the type of Design-Build Services it is undertaking. 4.1.2 Neither DBE nor any of its agents or employees shall act on behalf of or in the name of City unless authorized in writing by City’s Representative. 4.1.3 DBE shall perform its obligations with integrity, ensuring at a minimum that conflicts of interest, including but not limited to conflicts of interests on the part of the Design Professionals employed by DBE, shall be avoided. 4.2 Scope of Services. DBE shall be responsible for procuring or providing the Design-Build Services for the Project consistent with the Contract Documents. DBE shall exercise reasonable skill and judgment in the procurement and provision of the Design-Build Services, consistent with the applicable industry practices and the terms and conditions of the Contract Documents. 4.3 Design Services. 4.3.1 Architectural and Engineering Services. Architectural and engineering services must be provided by licensed, independent Design Professionals retained by DBE or by licensed employees of DBE, or as permitted by the law of the State of California. DBE may not engage the services of any Design Professional for this Project without obtaining the City’s prior written approval, which approval will not be unreasonably withheld. City’s approval will not be deemed to create any contractual relationship between City and any such Design Professional, except that the City must be considered a third-party beneficiary of such Design Professional’s services for the Project. DBE must bind its Design Professionals in the same manner as DBE is bound to the City under this Contract, including, but not limited to, the insurance and indemnity requirements set forth herein. All Design Services must be guided by the Bridging Documents and Design Documents which are approved by City. 4.3.2 Project Schedule. Within fourteen (14) days following full execution of the Contract, DBE must prepare and submit for City’s review and approval a preliminary Project Schedule showing the timing and sequencing of the Design-Build Services required to complete the Project. Unless otherwise specified by City, the preliminary Project Schedule should include the major phases for the Design Services and for the Construction Services, including, but not limited to, completion of Design Development Documents; Construction Documents; procurement of Subcontractors; construction; final close out; as well as any other milestones applicable to this Project. The Project Schedule shall be updated for City’s review and approval upon completion of each milestone included in the Project Schedule. 4.3.3 Design Development Documents. Within twenty (20) days following execution of the Contract, DBE shall prepare and submit for City’s review and approval the Design Development Documents. The Design Development Documents must be based on the Bridging Documents, as may be modified by th e use permit from or design approvals by City, but must further define the Project, including drawings and outline specifications fixing and describing the Project size, character and site relationships, and other appropriate elements describing the structural, architectural, mechanical and electrical systems. The Design Development Documents shall include, as applicable, plans, sections and elevations; criteria and sizing of major components; equipment sizes and capacities and approximate layouts, includi ng required spaces and clearances; typical details; materials selections and general quality levels. When submitting the Design Development Documents, the DBE shall identify in writing, for City’s approval, all material changes and deviations that have taken place since approval of the Bridging Documents and the Project Schedule. Two printed sets and one reproducible set of Design Development Documents must be provided to the City. DESIGN-BUILD 7 2021 CONTRACT 4.3.4 Construction Documents. Within forty (40) days following City’s approval of the Design Development Documents, DBE must prepare and submit for City’s review and approval, Construction Documents setting forth in detail the quality levels of and the requirements for construction of the Project, and consisting of drawings and specifications that comply with applicable codes, laws, and regulations in effect at the time of their preparation at the location of the Project. The Construction Documents must also include all necessary bid and contract documents for procuring and providing the Construction Services, all of which are subject to approval by City and its legal counsel. When submitting the Construction Documents, the DBE shall identify in writing all for City’s approval, all material changes and deviations that have taken place since approval of the Design Development Documents and Project Schedule. Two printed sets and one reproducible set of Construction Documents must be provided to the City. 4.3.5 Ownership of Documents. 4.3.5.1 Ownership of Tangible Documents. City shall receive ownership of the property rights, except for copyrights, of all documents, drawings, specifications, electronic data and information prepared, provided or procured by DBE, as part of the Design Services . 4.3.5.2 Use of Documents in Event of Termination. In the event of a termination of this Contract, City shall have the right to use, to reproduce, and to make derivative works of the Design Documents to complete the Project, regardless of whether there has been a transfer of copyright to City. 4.3.5.3 City’s Use of Documents After Completion of Project. After completion of the Project, City may reuse, reproduce or make derivative works from the Design Documents solely for the purposes of maintaining, renovating, remodeling or expanding the Project. 4.3.5.4 DBE shall obtain from its Subcontractors and Design Professionals rights and rights of use that correspond to the rights given by DBE to City in this Contract and DBE shall provide evidence that such rights have been secured. 4.4 Construction Services. 4.4.1 DBE shall provide all labor, materials, equipment and services necessary to perform and timely complete the Construction Services in strict accordance with the Contract Documents, and in an economic and efficient manner in the best interests of City. 4.4.2 DBE is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. DBE is solely responsible for, and required to exercise full control over, construction means, methods, techniques, sequences, procedures, and coordination of all portions of the Work, except to the extent that the Contract Documents provide other specific instructions. 4.4.3 DBE shall provide sufficient and competent Subcontractors, administration, staff, and skilled workforce necessary to perform and timely complete the Work in accordance with the Contract Documents. 4.4.4 DBE shall, at all times during performance of the Work, provide a qualified full -time superintendent, acceptable to City, and assistants, as necessary, who must be physically present at the Project site while any aspect of the Work is being performed. 4.4.5 DBE must, at all times, ensure that the Work is performed in a good workmanlike manner and in full compliance with the Contract Documents and all applicable laws, regulations, codes, standards, and permits. 4.4.6 DBE is solely responsible to City for the acts or omissions of any party or parties performing portions of DESIGN-BUILD 8 2021 CONTRACT the Work or providing equipment, materials or services for or on behalf of DBE or its Subcontractors. 4.4.7 DBE shall promptly correct, at DBE’s sole expense, any Work that is deficient or defective in workmanship, materials, and equipment. 4.4.8 DBE shall keep such full and detailed accounts as may be necessary for proper financial management under this Contract. City shall be afforded access to all DBE's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to Change Order work performed on the basis of actual cost. DBE shall preserve all such records for a period of three years after the Final Payment or longer where required by law. 4.4.9 DBE shall provide periodic written reports to City on the progress of the Work in such detail as is required by City and as agreed to by City and DBE. 4.5 DBE’s Subcontractors. 4.5.1 All Work which is not performed by DBE with its own duly licensed forces shall be performed by Subcontractors. DBE must provide each Subcontractor with a complete set of the Construction Documents and any approved modifications thereto. 4.5.2 DBE shall require every Subcontractor and material supplier to be bound to the provisions of the Contract Documents as they apply to the Subcontractor’s or material supplier’s portion(s) of the Work, and to likewise bind their Subcontractors or material suppliers. City reserves the right to reject any Subcontractor or material supplier based upon City’s reasonable belief that the Subcontractor or material supplier is not adequately qualified, or whose performance is unacceptable to the City, or who has a history of u nacceptable performance on other public works projects. Nothing in these Contract Documents creates a contractual relationship between a Subcontractor or material supplier and City, but City shall be deemed to be a third- party beneficiary of the contract between DBE and each Subcontractor. 4.5.3 If the Contract is terminated, each subcontract agreement shall be assigned by DBE to City, subject to the prior rights of any surety, provided that the City accepts such assignment by written notification, and assumes all rights and obligations of DBE pursuant to each such subcontract agreement. 4.5.4 All Subcontractors bidding on contracts for the Work shall be afforded the applicable protections contained in the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 et seq.). 4.6 Coordination of Work. City reserves the right to perform or to have performed other work on or adjacent to the Project site while the Work is being performed. DBE is responsible for coordinating its Wor k with other work being performed on or adjacent to the Project site, and shall avoid hindering, delaying, or interfering with the work of other contractors. To the full extent permitted by law, DBE shall hold harmless and indemnify City against any and all claims arising from or related to DBE’s avoidable, negligent, or willful hindrance of, delay to, or interference with the work of another contractor or City’s own forces. 4.7 DBE’s Representative. DBE shall designate a person who shall be DBE's authorized representative, subject to City’s approval, which shall not unreasonably be withheld. SECTION 5 PROJECT TEAM. In addition to DBE, City has retained, or may retain, a Design Consultant or other consultants and contractors to provide professional and technical consultation for the design and construction of the Project. The Contract requires that DBE DESIGN-BUILD 9 2021 CONTRACT operate efficiently, effectively and cooperatively with City as well as all other members of the Project Team and other contractors retained by City to construct other portions of the Project. SECTION 6 TIME OF COMPLETION. 6.1 Time Is of Essence. Time is of the essence with respect to all time limits set forth in the Contract Documents. 6.2 Commencement of Work. DBE shall commence the Design-Build Services on the date(s) specified in City’s Notice to Proceed. 6.3 Contract Time. The Design-Build Services must begin on the date specified on the City’s Notice to Proceed and shall be completed not later than . within two hundred seventy (270 ) calendar days after the commencement date specified in City’s Notice to Proceed. By executing this Design-Build Contract, DBE expressly waives any claim for delayed early completion. 6.4 Liquidated Damages. Pursuant to Public Contract Code Section 7203, if DBE fails to achieve Final Completion of the entire Work within the Contract Time, including any approved extensions thereto, City may assess liquidated damages on a daily basis for each day of Unexcused Delay in achieving Final Completion, based on the amount of five hundred dollars ($500) per day, or as otherwise specified in the Special Provisions. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents, regardless of impact on the time for achieving Final Completion. The assessment of liquidated damages is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer by delay in completion of the Work. The City is entitled to set off the amount of liquidated damages assessed against any payments otherwise due to DBE, including, but not limited to, setoff against release of retention. If the total amount of liquidated damages assessed exceeds the amount of unreleased retention, City is entitled to recover the balance from DBE or its sureties. Beneficial occupancy or use of the Project in whole or in part prior to Final Completion, shall not operate as a waiver of City’s right to assess liquidated damages. 6.4.1 Other Remedies. City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason other than DBE’s failure to achieve Substantial Completion of the entire Work within the Contract Time. 6.5 Adjustments to Contract Time. The Contract Time may only be adjusted for time extensions approved by City and memorialized in a Change Order approved in accordance with the requirements of the Contract Documents. • ~ DESIGN-BUILD 10 2021 CONTRACT SECTION 7 COMPENSATION TO DBE. 7.1 Contract Sum. DBE shall be compensated for satisfactory completion of the Design-Build Services in compliance with the Contract Documents the Contract Sum of Five Hundred Seventeen Thousand Two Hundred Eighty Dollars ($517,280). [This amount includes the Base Proposal and Additive Alternates 1.] 7.2 Full Compensation. The Contract Sum shall be full compensation to DBE for all Design-Build Services provided by DBE and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover all Losses arising out of the nature of the Design-Build Services or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Design-Build Services until its Acceptance by City, all risks connected with the Design-Build Services, and any and all expenses incurred due to suspension or discontinuance of the Design-Build Services, except as expressly provided herein. The Contract Sum may only be adjusted for Change Orders approved in acc ordance with the requirements of the Contract Documents. SECTION 8 STANDARD OF CARE. DBE agrees that the Design-Build Services shall be performed by qualified, experienced and well-supervised personnel. All Design-Build Services performed in connection with this Design-Build Contract shall be performed in a manner consistent with the standard of care under California law applicab le to those who specialize in providing such services for projects of the type, scope and complexity of the Project. SECTION 9 INDEMNIFICATION. 9.1 Hold Harmless. To the fullest extent permitted by law, DBE 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 liabilities 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 DBE, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. Notwithstanding the above, nothing in this section shall be construed to require DBE to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence, or willful misconduct of an Indemnified Party. DBE shall pay City for any costs City incurs to enforce this provis ion. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of DBE against City or any other Indemnitee. Pursuant to Public Contract Code Section 9201, City shall timely notify DBE upon receipt of any third-party claim relating to the Contract. DESIGN-BUILD 11 2021 CONTRACT 9.2 Survival. The acceptance of DBE’s services and duties by City shall not operate as a waiver of the right of indemnification. The provisions of this Section 9 shall survive the expiration or termination of this Agreement. SECTION 10 NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, Contractor certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to the race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. Contractor acknowledges that it has read and understands the provisions of S ection 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements, and the penalties for violation thereof, and will comply with all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 11 INSURANCE AND BONDS. Within ten (10) business days following issuance of the Notice of Award, DBE shall provide City with evidence satisfactory to the City that DBE has obtained insurance and has sufficient bonding capacity to provide Performance and Payment Bonds satisfying all requirements in Article 11 of the General Conditions. SECTION 12 PROHIBITION AGAINST TRANSFERS. City is entering into this Design-Build Contract in reliance upon the stated experience and qualifications of the DBE and its Design Professionals and Subcontractors as set forth in DBE’s Proposal. Accordingly, DBE shall not assign, hypothecate or transfer this Design-Build Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent shall be null and void and shall be deemed a substantial breach of contract and grounds for default in addition to any other legal or equitable remedy available to the City. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of DBE or of any general partner or joint venturer or syndicate member of DBE, if the DBE is a partnership or joint venture or syndicate or co-tenancy, shall result in changing the control of DBE, shall be construed as an assignment of this Design-Build Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity. SECTION 13 NOTICES. 13.1 Method of Notice. All notices, demands, requests or approvals to be given under this Design-Build Contract shall be given in writing and shall be deemed served on the earlier of the following: (i) On the date delivered if delivered personally; (ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; (iv) On the date sent if delivered by electronic mail; or (v) On the date it is accepted or rejected if sent by certified mail. 13.2 Notice Recipients. DESIGN-BUILD 12 2021 CONTRACT All notices, demands or requests (including, without limitation, Change Order Requests and Claims) from DBE to City shall include the Project name and the number of this Design-Build Contract and shall be addressed to City at: To City: City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to: City of Palo Alto Public Works Engineering 250 Hamilton Avenue Palo Alto, CA 94301 Attn: Philip Ciralsky AND [Include Construction Manager, If Applicable.] City of Palo Alto Utilities Engineering 250 Hamilton Avenue Palo Alto, CA 94301 Attn: In addition, copies of all Claims by DBE under this Design-Build Contract shall be provided to the following: Palo Alto City Attorney’s Office 250 Hamilton Avenue P.O. Box 10250 Palo Alto, California 94303 All Claims shall be delivered personally or sent by certified mail. All notices, demands, requests or approvals from City to DBE shall be addressed to: Fred Toste Sales Executive 6952 Preston Ave, Ste. A, Livermore, CA 94551 (510) 750-3918 Fred.Toste@jci.com 13.3 Change of Address. In advance of any change of address, DBE shall notify City of the change of address in writing. Each party may, by written notice only, add, delete or replace any individuals to whom and addresses to which notice shall be provided. • DESIGN-BUILD 13 2021 CONTRACT SECTION 14 DEFAULT. 14.1 Notice of Default. In the event that City determines, in its sole discretion, that DBE has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to DBE in the manner specified for the giving of notices in the Design- Build Contract, with a copy to DBE’s performance bond surety. 14.2 Opportunity to Cure Default. Except for emergencies, DBE shall cure any default in performance of its obligations under the Contract Documents within two (2) Days (or such shorter time as City may reasonably require) after receip t of written notice. However, if the breach cannot be reasonably cured within such time, DBE will commence to cure the breach within two (2) Days (or such shorter time as City may reasonably require) and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) Days after receipt of such written notice. SECTION 15 CITY'S RIGHTS AND REMEDIES. 15.1 Remedies Upon Default. If DBE fails to cure any default of this Design-Build Contract within the time period set forth above in Section 14, then City may pursue any remedies available under law or equity, including, without limitation, the following: 15.1.1 Delete Certain Services. City may, without terminating the Design-Build Contract, delete certain portions of the Design-Build Services, reserving to itself all rights to Losses related thereto. 15.1.2 Perform and Withhold. City may, without terminating the Design-Build Contract, engage others to perform the Design-Build Services or portion thereof that has not been adequately performed by DBE and withhold the cost thereof to City from future payments to DBE, reserving to itself all rights to Losses related thereto. 15.1.3 Suspend The Design-Build Contract. City may, without terminating the Design-Build Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Design-Build Contract for as long a period of time as City determines, in its sole discretion, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to DBE for damages if City directs DBE to resume Design-Build Services. 15.1.4 Terminate the Design-Build Contract for Default. City shall have the right to terminate this Design-Build Contract, in whole or in part, upon the failure of DBE to promptly cure any default as required by Section 14. City’s election to terminate the Design-Build Contract for default shall be communicated by giving DBE a written notice of termination in the manner specified for the giving of notices in the Design-Build Contract. Any notice of termination given to DBE by City shall be effective immediately, unless otherwise provided therein. 15.1.5 Invoke the Performance Bond. City may, with or without terminating the Design-Build Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond. DESIGN-BUILD 14 2021 CONTRACT 15.1.6 Additional Provisions. All of City’s rights and remedies under this Design-Build Contract are cumulative and shall be in addition to those rights and remedies available in law or in equity. Designation in the Contract Documents of certain breaches as material shall not waive the City’s authority to designate other breaches as material nor limit City’s right to terminate the Design-Build Contract, or prevent the City from terminating the Agreement for breaches that are not material. City’s determination of whether there has been noncompliance with the Design-Build Contract so as to warrant exercise by City of its rights and remedies for default under the Design-Build Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against DBE to recover all liquidated damages and Losses suffered by City. 15.2 Delays by Sureties. Time being of the essence in the performance of the Work, if DBE’s surety fails to arrange for completion of the Work in accordance with the Performance Bond, within seven (7) calendar days from the date of the notice of termination, DBE’s surety shall be deemed to have waived its right to complete the Work under the Contract, and City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement DBE, or by any other means that City determines advisable under the circumstances. DBE and its surety shall be jointly and severally liable for any additional cost incurred by City to complete the Work following termination. In addition, City shall have the right to use any materials, supplies, and equipment belonging to DBE and located at the Worksite for the purposes of completing the remaining Work. 15.3 Damages to City. 15.3.1 For DBE's Default. City will be entitled to recovery of all Losses under law or equity in the event of DBE’s default under the Contract Documents. 15.3.2 Compensation for Losses. In the event that City's Losses arise from DBE’s default under the Contract Documents, City shall be entitled to deduct the cost of such Losses from monies otherwise payable to DBE. If the Losses incurred by City exceed the amount payable, DBE shall be liable to City for the difference and shall promptly remit same to City. 15.4 Suspension by City 15.4.1 Suspension for Convenience. City may, at any time and from time to time, without cause, ord er DBE, in writing, to suspend, delay, or interrupt the Design-Build Services in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time. The order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, DBE shall, at City’s expense, comply with the order and take all reasonable steps to minimize costs allocable to the Design-Build Services covered by the Suspension Order. During the Suspension or extension of the Suspension, if any, City shall either cancel the Suspension Order or, by Change Order, delete the Design-Build Services covered by the Suspension Order. If a Suspension Order is canceled or expires, DBE shall resume and continue with the Design-Build Services. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. A Suspension Order shall not be the exclusive method for City to stop the Design-Build Services. 15.4.2 Suspension for Cause. In addition to all other remedies available to City, if DBE fails to perform or correct work in accordance with the Contract Documents, City may immediately order the Design-Build Services, or any portion thereof, suspended until the cause for the suspension has been eliminated to City’s satisfaction. DBE shall not be DESIGN-BUILD 15 2021 CONTRACT entitled to an increase in Contract Time or Contract Price for a suspension occasioned by DBE’s failure to comply with the Contract Documents. City’s right to suspend the Design-Build Services shall not give rise to a duty to suspend the Design-Build Services, and City’s failure to suspend the Design-Build Services shall not constitute a defense to DBE’s failure to comply with the requirements of the Contract Documents. 15.5 Termination Without Cause. City may, at its sole discretion and without cause, terminate this Design-Build Contract in part or in whole upon written notice to DBE. Upon receipt of such notice, DBE shall, at City’s expense, comply with the notice and take all reasonable steps to minimize costs to close out and demobilize. The compensation allowed under this Paragraph 15.5 shall be the DBE’s sole and exclusive compensation for such termination and DBE waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind resulting from termination without cause. Termination pursuant to this provision does not relieve DBE or its sureties from any of their obligations for Losses arising from or related to the Design-Build Services performed by DBE. 15.5.1 Compensation. Following such termination and within forty-five (45) Days after receipt of a billing from DBE seeking payment of sums authorized by this Paragraph 15.5.1, City shall pay the following to DBE as DBE’s sole compensation for performance of the Design-Build Services: .1 For Services Performed. The amount of the Contract Sum allocable to the portion of the Design-Build Services properly performed by DBE as of the date of termination, less sums previously paid to DBE. .2 For Close-out Costs. If termination is effective after the Construction Services have commenced on the site, reasonable costs of DBE and its Subcontractors: (i) Demobilizing and (ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination. .3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work. .4 Profit Allowance. An allowance for profit calculated as four percent (4%) of the sum of the above items, provided DBE can prove a likelihood that it would have made a profit if the Design-Build Contract had not been terminated. .5 Emergency Termination. The compensation provided in this provision does not apply to termination for emergency pursuant to Section 2.6 of the General Conditions. 15.5.2 Subcontractors. DBE shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by DBE on terms that are consistent with this Design-Build Contract and that afford no greater rights of recovery against DBE than are afforded to DBE against City under this Section. DESIGN-BUILD 16 2021 CONTRACT 15.6 DBE’s Duties Upon Termination. Upon receipt of a notice of termination for default or for convenience, DBE shall, unless the notice directs otherwise, do the following: (i) Immediately discontinue the Design-Build Services to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work that is not discontinued; (iii) Provide to City a description in writing, no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Design-Build Services covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, togeth er with such other information as City may determine necessary in order to decide whether to accept assignment of or request DBE to terminate the subcontract, purchase order or contract; (iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and (v) Thereafter do only such Design-Build Services as may be necessary to preserve and protect Design- Build Services already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto. Upon termination, whether for cause or for convenience, the provisions of the Contract Documents remain in effect as to any Claim, indemnity obligation, warranties, guarantees, submittals of As-Built Documents, instructions, or manuals, or other such rights and obligations arising prior to the termination date. SECTION 16 DBE'S RIGHTS AND REMEDIES. 16.1 DBE’s Remedies. DBE may terminate this Design-Build Contract only upon the occurrence of one of the following: 16.1.1 For Work Stoppage. The Work is stopped for sixty (60) consecutive Days, through no act or fault of DBE, any Subcontractor, or any employee or agent of DBE or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable. This provision shall not apply to any work stoppage resulting from the City’s issuance of a suspension notice issued either for cause or for con venience. 16.1.2 For City's Non-Payment. If City does not pay DBE undisputed sums within ninety (90) Days after receipt of notice from DBE, DBE may terminate the Design-Build Contract (30) days following a second notice to City of DBE’s intention to terminate the Design-Build Contract. 16.2 Damages to DBE. In the event of termination for cause by DBE, City shall pay DBE the sums provided for in Paragraph 15.5.1 above. DBE agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind. SECTION 17 ACCOUNTING RECORDS. 17.1 Financial Management and City Access. DESIGN-BUILD 17 2021 CONTRACT DBE shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Design-Build Contract in accordance with generally accepted accounting principles and practices. City and City's accountants during normal business hours, may inspect, audit and copy DBE's records, books, estimates, take-offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data rela ting to this Project. DBE shall retain these documents for a period of three (3) years after the later of (i) Final Payment or (ii) final resolution of all Contract Disputes and other disputes, or (iii) for such longer period as may be required by law. 17.2 Compliance with City Requests. DBE's compliance with any request by City pursuant to this Section 17 shall be a condition precedent to filing or maintenance of any legal action or proceeding by DBE against City and to DBE's right to receive further payments under the Contract Documents. City many enforce DBE’s obligation to provide access to City of its business and other records referred to in Section 17.1 for inspection or copying by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony. SECTION 18 INDEPENDENT PARTIES. Each party is acting in its independent capacity and not as agents, employees, partners, or joint ventures’ of the other party. City, its officers or employees shall have no control over the conduct of DBE or its respective agents, employees, subconsultants, or Subcontractors, except as herein set forth. SECTION 19 NUISANCE. DBE shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection in the performance of services under this Design-Build Contract. SECTION 20 PERMITS AND LICENSES. Except as otherwise provided in the Special Provisions and Bridging Documents, The DBE shall provide, procure and pay for all licenses, permits, and fees, required by the City or other government jurisdictions or agencies necessary to carry out and complete the Design-Build Services. Payment of all costs and expenses for such licenses, permits, and fees shall be included in one or more Proposal items. No other compensation shall be paid to the DBE for these items or for delays caused by non-City inspectors or conditions set forth in the licenses or permits issued by other agencies. SECTION 21 WAIVER. A waiver by either party of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. DESIGN-BUILD 18 2021 CONTRACT SECTION 22 GOVERNING LAW AND VENUE. 22.1 Governing Law and Venue. This Design-Build Contract shall be construed in accordance with and governed by the laws of the State of California, without regard to conflict of law provisions, and venue shall be in a court of competent jurisdiction in the County of Santa Clara, California, and no other place. 22.2 Compliance with Laws. DBE shall comply with all applicable federal and California laws and city laws, including, without limitation, ordinances and resolutions, in the performance of work under this Design-Build Contract. 22.2.1 Palo Alto Minimum Wage Ordinance. DBE shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, DBE shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, DBE shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. SECTION 23 COMPLETE AGREEMENT. This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This Agreement may be amended only by a written instrument, which is signed by the parties. SECTION 24 SURVIVAL OF CONTRACT. The provisions of the Design-Build Contract which by their nature survive termination or expiration of the Design-Build Contract or Final Completion, including, without limitation, all warran ties, indemnities, payment obligations, and City’s right to audit DBE’s books and records, shall remain in full force and effect after Final Completion or any termination or expiration of the Design-Build Contract. SECTION 25 PREVAILING WAGES. This Project is not subject to prevailing wages and related requirements. DBE is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the Contract: (1) is not a public works contract; (2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, , per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j). Or This Project is subject to prevailing wages and related requirements as a “public works” under California Labor Code Sections 1720 et seq. and related regulations. DBE is required to pay general prevailing wages as defined in California Labor Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. Pursuant to Labor Code Section 1773, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, • DESIGN-BUILD 19 2021 CONTRACT or type of worker needed to execute the contract for this Project from the State of California Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Department office. The general prevailing wage rates are also available at the DIR, Division of Labor Statistics and Research, website (see e.g. http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time to time. DBE shall ensure that copies of the general prevailing wage rates are posted at all Project job sites and shall pay the adopted prevailing wage rates as a minimum. DBE shall comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code (Labor Code Section 1720 et seq.), including, but not limited to, Sections 1720, 1725.5, 1771, 1771.1, 1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable implementing regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.), as amended from time to time. SECTION 26 NON APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that the City does not appropriate funds for the following fiscal year for this event, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Design-Build Contract are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 27 AUTHORITY. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. SECTION 28 COUNTERPARTS This Agreement may be signed in multiple counterparts, which, when executed by all the parties, shall together constitute a single binding agreement. SECTION 29 SEVERABILITY. In case a provision of this Design-Build Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected. SECTION 30 STATUTORY AND REGULATORY REFERENCES. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that the Contra ct was awarded by City, as may be subsequently amended from time to time, unless otherwise required by law. SECTION 31 WORKERS’ COMPENSATION CERTIFICATION. Contractor shall secure the payment of workers’ compensation to its employees as provided in Labor Code Sections 1860 and 3700. Pursuant to Labor Code Section 1861, by signing this Contract, DBE thereby certifies as follows: DESIGN-BUILD 20 2021 CONTRACT “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the p erformance of the Work on this Contract.” SECTION 32 DIR REGISTRATION AND OTHER REQUIREMENTS. 32.1 General Notice to DBE. City requires DBE and its listed Subcontractors to comply with all applicable requirements of the California Labor Code including but not limited to Labor Code Sections 1720 through 1861, and all applicable related regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. Additional information regarding public works and prevailing wage requirements is available on the DIR web site (see e.g. http://www.dir.ca.gov) as amended from time to time. 32.2 Labor Code section 1771.1(a). City provides notice to DBE of the requirements of California Labor Code section 1771.1(a), which reads: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contactor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” 32.3 DIR Registration Required. City will not accept a bid proposal from or enter into this Design-Build Contract with DBE without proof that DBE and its Subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. 32.4 Posting of Job Site Notices; Compliance Monitoring. City gives notice to DBE and its Subcontractors that DBE is required to post all job site notices prescribed by law or regulation and DBE is subject to compliance monitoring and enforcement by DIR. 32.5 Payroll Records. Contractor shall furnish certified payroll records directly to the Labor Commissioner (DIR) in accordance with Subchapter 3, Title 8 of the California Code of Regulations Section 16461 (8 CCR Section 16461). City requires DBE and its Subcontractors to comply with the requirements of Labor Code section 1776, including but not limited to: (i) Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, DBE and its Subcontractors, in connection with the Project. DESIGN-BUILD 21 2021 CONTRACT (ii) The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the p rincipal office of DBE and its Subcontractors, respectively. (iii) At the request of City, acting by its Project Manager, DBE and its Subcontractors shall make the certified payroll records available for inspection or furnished upon request to the City’s Project Manager within ten (10) days of receipt of City’s request. City requests DBE and its Subcontractors to submit the certified payroll records to the City’s Project Manager at the end of each week during the Project. (iv) If the certified payroll records are not provided as required within the 10-day period, then DBE and its Subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and City shall withhold the sum total of penalties from the progress payment(s) then due and payable to DBE. This provision supplements the provisions of Section 15 (City Rights and Remedies) hereof. (v) Inform the City’s Project Manager of the location of DBE’s and its Subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the City’s Project Manager within five (5) business days of any change of location of those payroll records. 32.6 Employment of Apprentices. Contractor shall comply with the statutory requirements regarding employment of apprentices including without limitation Labor Code Section 1777.5. The statutory provisions will be enforced for penalties for failure to pay prevailing wages and for failure to comply with wage and hour laws. IN WITNESS WHEREOF, the parties have caused this Design-Build Contract to be executed the date and year first above written. CITY OF PALO ALTO ____________________________ Purchasing Manager City Manager APPROVED AS TO FORM: ____________________________ Assistant/Deputy City Attorney APPROVED: ____________________________ Public Works Director JOHNSON CONTROLS FIRE PROTECTION LP By:___________________________ Name:________________________ Title:__________________________ Date: _________________________ • ~ • Design-Build Contract 22 2021 BOND FORMS PERFORMANCE BOND WHEREAS, the City Council of the City of Palo Alto, State of California (“City”) and Johnson Controls Fire Protection LP (“Principal”) have entered into a Design-Build Contract dated April 19, 2021, and identified as Civic Center Fire Life Safety Upgrades Project (“Agreement”), which is hereby referred to and made a part hereof whereby Principal agrees to design and build certain designated public improvements; and WHEREAS, Principal is required under the terms of said Agreement to furnish a surety bond f or the faithful performance of said agreement. NOW, THEREFORE, Principal and ________________________________________________, as Surety, incorporated under the Laws of the State of , and duly authorized to transact business as an admitted surety, under the Laws of the State of California, are held and firmly bound unto City in the penal sum of Five Hundred Seventeen Thousand Two Hundred Eighty dollars ($517,280) for the Construction Services, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that if the Principal, Principal’s heirs, executors, administrators, successors, or assigns shall promptly and faithfully keep and perform the covenants, conditions, and provisions of the above - mentioned Agreement and any alteration thereof, with or without notice to the Surety, and if Principal shall satisfy all claims and demands incurred under such Agreement and shall fully protect, indemnify, defend, and hold harmless City, its officers, agents, and employees from all claims, demands, or liabilities which may arise by reason of Principal’s failure to do so, and shall reimburse and repay City all outlay and expenses which City may incur in making good any default, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. As part of the obligations secured hereto, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees incurred by City in successfully enforcing such obligations, all to be taxed as costs and included in any judgment rendered. Surety shall be liable for any liquidated damages for which the Principal may be liable under its Agreement with the City, and such liquidated damages shall be part of the obligations secured hereto, and in addition to the face amount specified, therefore. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this security, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Agreement or to the work or to the Contract Documents. Surety hereby waives the provisions of California Civil Code Section 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. / / / / / / Design-Build Contract 23 2021 BOND FORMS IN WITNESS WHEREOF, this instrument has been duly executed by the Principal Surety above named on _______________, 20_____. _______________ Phone Number: ______ Name of Surety _________ Signature of Surety By: Its: Typed or Printed Name Title _________ Name of DBE/Principal ________ Signature of DBE/Principal By: Its: Typed or Printed Name Title CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF ) COUNTY OF ) On , before me, , a notary public in and for said County, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) DESIGN-BUILD 24 2021 BOND FORMS PAYMENT BOND WHEREAS, the City Council of the City of Palo Alto, State of California (“City”) and Johnson Controls Fire Protection LP (“Principal”), have entered into a Design-Build Contract dated April 19, 2021, and identified as Civic Center Fire Life Safety Upgrades Project (“Agreement”), which is hereby referred to and made a part here of, whereby Principal agrees to design and build certain designated public improvements; and WHEREAS, under the terms of said Agreement, Principal is required before entering upon the performance of the work to file a good and sufficient payment surety bond with City to secure the claims to which reference is made in Titles 1 and 3 (commencing with Section 8000) of Part 6 of Di vision 4 of the Civil Code of the State of California. NOW, THEREFORE, Principal and ____________________________, as Surety, incorporated under the laws of the State of _______________________________, and duly authorized to transact business as an admi tted surety, under the Laws of the State of California, are held and firmly bound unto City in the penal sum of Five Hundred Seventeen Thousand Two Hundred Eighty dollars ($517,280), this amount being not less than one hundred percent of the total amount payable for the Construction Services by the terms of the Agreement per Civil Code section 9554, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that if Principal, Principal’s Subcontractors, heirs, executors, administrators, successors, or assigns shall fail to pay any of the persons, companies, or corporations, referred to in Section 9100 of the California Civil Code, as amended, with respect to any work of labor performed or materials supplied by any such persons, companies, or corporations, which work, labor, or materials are covered by the above- mentioned Agreement and any amendments, changes, change order, additions, alterations, or modifications thereof, or any amounts due under the California Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and its Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, as amended, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, the Surety will pay reasonable attorney’s fees in an amount to be fixed by the court. It is hereby expressly stipulated and agreed that this surety b ond shall inure to the benefit of any and all persons, companies, and corporations entitled named in Section 9100 of the California Civil Code, as amended, so as to give a right of action to them or their assigns in any suit brought upon this surety bond. The Surety hereby stipulates and agrees that no amendment, change, change order, addition, alteration, or modification to the terms of the Agreement of the work to be performed thereunder or the Contract Documents accompanying the same, shall in any way affect its obligations on this surety bond, and it does hereby waive notice of any such amendment, change, change order, addition, alteration, or modification to the terms of the Agreement or to the work performed thereunder or to the Contract Documents accompanying the same. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. DESIGN-BUILD 25 2021 BOND FORMS IN WITNESS WHEREOF, this instrument has been duly executed by the Surety and Principal above named on ______________, 20___. __ Phone Number: ______________ Name of Surety __ Signature of Surety By: Its: Typed or Printed Name Title __ Name of DBE/Principal Signature of DBE/Principal By: Its: Typed or Printed Name Title CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF ) COUNTY OF ) On , before me, , a notary public in and for said County, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DESIGN-BUILD 26 2021 CITY OF PALO ALTO DESIGN-BUILD GENERAL CONDITIONS DESIGN-BUILD 27 2021 GENERAL CONDITIONS TABLE OF CONTENTS ARTICLE 1 – PRELIMINARY PROVISIONS ......................................................................................................... 30 1.1 DEFINITIONS .................................................................................................................................... 30 1.2 OWNERSHIP AND USE OF DOCUMENTS .......................................................................................... 36 1.3 INTERPRETATION OF CONTRACT DOCUMENTS .............................................................................. 36 ARTICLE 2 – CITY’S RIGHTS AND OBLIGATIONS ............................................................................................... 38 2.1 INFORMATION AND SERVICES PROVIDED BY CITY .......................................................................... 38 2.2 ACCESS TO PROJECT SITE ................................................................................................................. 38 2.3 CITY'S RIGHT TO STOP THE WORK ................................................................................................... 38 2.4 CITY’S RIGHT TO CARRY OUT THE WORK ......................................................................................... 38 2.5 ACCESS TO MUNICIPAL SERVICES CENTER ...................................................................................... 38 2.6 EMERGENCY TERMINATION OF CONTRACT .................................................................................... 39 ARTICLE 3 – DBT’S RIGHTS AND OBLIGATIONS ............................................................................................... 40 3.1 REVIEW OF THE SITE, CONTRACT DOCUMENTS AND FIELD CONDITIONS ...................................... 40 3.2 SUPERVISION AND CONSTRUCTION PROCEDURES ......................................................................... 41 3.3 RESPONSIBILITY FOR THE WORK ................................................................................................... 411 3.4 LABOR, WORKMANSHIP, MATERIALS AND MANUFACTURED ITEMS ............................................. 42 3.5 DBT'S WARRANTY ............................................................................................................................ 42 3.6 CONSTRUCTION METHODS AND PROCEDURES ............................................................................ 422 3.7 TAXES ........................................................................................................................................ …..433 3.8 LEGAL REQUIREMENTS .................................................................................................................. 433 3.9 PROJECT STAFF ................................................................................................................................ 43 3.10 SCHEDULES REQUIRED OF DBT ........................................................................................................ 43 3.11 DOCUMENTS AND SAMPLES AT PROJECT SITE ................................................................................ 45 3.12 SUBMITTALS .................................................................................................................................... 46 3.13 TRADE NAMES, SUBSTITUTIONS ...................................................................................................... 48 3.14 DAILY REPORTS BY DBT .................................................................................................................... 48 3.15 CUTTING AND PATCHING ................................................................................................................ 49 3.16 ACCESS TO THE WORK ..................................................................................................................... 49 3.17 ROYALTIES AND PATENTS ................................................................................................................ 49 3.18 PERMITS AND LICENSES ................................................................................................................... 49 3.19 DIFFERING SITE CONDITIONS........................................................................................................... 49 3.20 INSPECTIONS .................................................................................................................................... 50 DESIGN-BUILD 28 2021 3.21 STOP NOTICES .................................................................................................................................. 51 3.22 PARKING .......................................................................................................................................... 51 3.23 USE OF THE PROJECT SITE AND CLEAN UP ...................................................................................... 51 3.24 ENVIRONMENTAL CONTROLS .......................................................................................................... 52 3.25 TEMPORARY WATER, LIGHT AND POWER ....................................................................................... 58 3.26 CITY TRUCK ROUTE ORDINANCE...................................................................................................... 58 3.27 UNFAIR BUSINESS PRACTICE CLAIMS .............................................................................................. 58 3.28 EXISTING UTILITIES ......................................................................................................................... .58 ARTICLE 4 – ADMINISTRATION OF THE CONTRACT ......................................................................................... 59 4.1 CONTRACT ADMINISTRATION BY CITY, DESIGN CONSULTANT AND CONSTRUCTION MANAGER ...................................................................................................................................... 59 4.2 CLAIMS ............................................................................................................................................. 60 4.3 RESOLUTION OF CONTRACT DISPUTES ............................................................................................ 64 ARTICLE 5 – SUBCONTRACTORS ..................................................................................................................... 67 5.1 DBT’S AWARD OF SUBCONTRACTS .................................................................................................. 67 5.2 SUBCONTRACTOR RELATIONS ......................................................................................................... 67 5.3 CONTINGENT ASSIGNMENT OF SUBCONTRACTS ............................................................................ 69 5.4 DBT AND SUBCONTRACTOR RESPONSIBILITY .................................................................................. 69 ARTICLE 6 – CONSTRUCTION BY CITY OR BY SEPARATE CONTRACTORS ........................................................... 69 6.1 CITY’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS .................. 69 6.2 MUTUAL RESPONSIBILITY ................................................................................................................ 69 6.3 CITY’S RIGHT TO CLEAN UP .............................................................................................................. 70 ARTICLE 7 – CHANGES ................................................................................................................................... 70 7.1 CHANGES ........................................................................................................................................... 70 7.2 CHANGE ORDERS AND CHANGE ORDER REQUESTS .......................................................................... 72 7.3 FIELD ORDERS .................................................................................................................................... 76 7.4 DISPUTES REGARDING CHANGES .................................................................................................... 77 ARTICLE 8 – CONTRACT TIME ......................................................................................................................... 77 8.1 COMMENCEMENT OF THE WORK ................................................................................................... 77 8.2 PROGRESS AND COMPLETION ......................................................................................................... 77 8.3 CONSTRUCTION HOURS .................................................................................................................. 78 8.4 HOLIDAYS ......................................................................................................................................... 78 8.5 DELAY ............................................................................................................................................... 79 ARTICLE 9 – PAYMENTS AND COMPLETION ............................................................................................................. 91 9.1 SCHEDULE OF VALUES ..................................................................................................................... 81 DESIGN-BUILD 29 2021 9.2 PROGRESS PAYMENT ..................................................................................................................... 811 9.3 APPLICATION FOR PAYMENT ......................................................................................................... 822 9.4 CERTIFICATE FOR PAYMENT .......................................................................................................... 833 9.5 DEPOSIT OF SECURITIES IN LIEU OF RETENTION AND DEPOSIT OF RENTENTION INTO ESCROW………..…………………………………………………………………………………………………………………………. 84 9.6 BENEFICIAL OCCUPANCY ............................................................................................................... 855 9.7 SUBSTANTIAL COMPLETION ............................................................................................................ 86 9.8 FINAL COMPLETION AND FINAL RETENTION ................................................................................... 86 ARTICLE 10 – PROTECTION OF PERSONS AND PROPERTY………………………………………………………………………………… 87 10.1 SAFETY PRECAUTIONS AND PROGRAMS ......................................................................................... 87 10.2 SAFETY OF PERSONS AND PROPERTY .............................................................................................. 88 10.3 EMERGENCIES .................................................................................................................................. 89 10.4 TRENCH SAFETY ............................................................................................................................... 89 ARTICLE 11 – INSURANCE AND BONDS . .................................................................................................... ...90 11.1 DBT'S INSURANCE ............................................................................................................................ 90 11.2 BOND REQUIREMENTS .................................................................................................................. 922 ARTICLE 12 – DEFECTIVE WORK ................................................................................................................... 933 12.1 UNCOVERING OF WORK ................................................................................................................ 933 12.2 CORRECTION OF DEFECTIVE WORK AND GUARANTEE TO REPAIR PERIOD .................................. 933 12.3 ACCEPTANCE OF DEFECTIVE WORK ............................................................................................... 944 ARTICLE 13 – STATUTORY REQUIREMENT .................................................................................................... 945 13.1 STATE LABOR LAW ......................................................................................................................... 955 13.2 WORKDAY ...................................................................................................................................... 955 ARTICLE 14 – JOB SITE NOTICES AND COMPLIANCE MONITORING ................................................................ 945 14.1 LABOR PROVISIONS ......................................................................................................................... 95 ATTACHMENTS: A: FIELD ORDER B: CHANGE ORDER REQUEST C: CONTRACT CHANGE ORDER DESIGN-BUILD 30 2021 ARTICLE 1 – PRELIMINARY PROVISIONS 1.1 DEFINITIONS Terms appearing in the Contract Documents with initial capitalization shall have the meanings set forth below: 1.1.1 ACCEPTANCE: The point after Final Completion when DBT has fully performed all of the requirements of the Contract Documents and the Work is accepted by City in writing. 1.1.2 ADDENDA, ADDENDUM: Written or graphic information (including, without limitation, Drawings or Special Provisions and technical specifications) prepared and issued by City Engineer prior to the deadline for submission of Proposals, which modify or interpret the Request for Proposals by additions, deletions, clarifications or corrections 1.1.3 AGREEMENT: The Design-Build Contract and all Contract Documents incorporated therein; also referenced as the “Contract.” 1.1.4 ALLOWABLE COSTS: Actual and direct costs for performing Extra Work, including labor, materials, supplies, and equipment, as further specified herein, in Article 7 – Changes. 1.1.5 ALLOWANCE: An amount included in the Request for Proposals that may or may not be included in the Project, or for portions of the Design-Build Services where the amount or scope of the Design- Build Services cannot be ascertained at the time of Proposal submissions. 1.1.6 ALTERNATE(S): Those portions of the Proposal setting forth the price(s) for optional or alternative items not covered by the Base Proposal. 1.1.7 APPLICABLE CODE REQUIREMENTS: All applicable federal, state and municipal laws, statutes, building codes, ordinances and regulations of governmental authorities having jurisdiction over the Project, Work, Site, DBT or City. 1.1.8 APPLICATION FOR PAYMENT: An itemized application for payment prepared and submitted by DBT for review and approval by City, which is prepared, submitted and accompanied by supporting documentation in accordance with the requirements of the Contract Documents. 1.1.9 APPROVE, APPROVED or APPROVAL: Whether capitalized or not capitalized, shall mean, unless otherwise stated, either an express approval contained in a written statement signed by the approving authorized individual or deemed approved in accordance with the terms, conditions and procedures set forth in the Contract Documents. All such approvals by or on behalf of City (including, without limitation, approvals by Construction Manager) may be granted or withheld in the sole discretion of City. 1.1.10 AS-BUILT DOCUMENTS: The Project Drawings showing the condition of the Work as actually built, including, without limitation, the locations of mechanical, electrical, plumbing, HVAC or similar portions of the Work that are shown diagrammatically in the Contract Documents approved by City. These documents must be maintained by DBT on the Site and delivered, along with an electronic version of the set, to City upon Final Completion. 1.1.11 BASE PROPOSAL PRICE: The sum stated in the Proposal to provide the Design-Build Services, exclusive of any Alternate(s). DESIGN-BUILD 31 2021 1.1.12 BENEFICIAL OCCUPANCY: City's right, at its option and convenience, to occupy or otherwise make use of all or any part of the Work prior to either Substantial Completion, Final Completion, or Acceptance. 1.1.13 BRIDGING DOCUMENTS: The preliminary design or performance specifications and drawings plans provided by the City’s Design Consultant and hereby made part of the Contract Documents. 1.1.14 CERTIFICATE FOR PAYMENT: The form for approval by the Construction Manager of DBT's Application for Payment. 1.1.15 CHANGE: Additions, deletions, or other modifications to the Work, which may or may not involve Extra Work and which may or may not involve an adjustment (increase or decrease) to the Contract Sum or the Contract Time under the terms of the Contract Documents. 1.1.16 CHANGE ORDER: A duly authorized written instrument signed by City, or by City and DBT, which operates to amend the scope of Work, and which may also amend the Contract Sum or the Contract Time. 1.1.17 CHANGE ORDER REQUEST: DBT's written request for a Change Order. 1.1.18 CITY: City of Palo Alto, a California chartered municipal corporation. 1.1.19 CITY ENGINEER: City Engineer of City of Palo Alto or its designee. 1.1.20 CLAIM: A separate written demand by DBT for an extension of the Contract Time, and/or for payment of money or damages arising from Work done by, or on behalf of DBT which has been prepared and submitted in compliance with the Contract Documents. 1.1.21 CLIENT DEPARTMENT: Department or Division of City of Palo Alto identified as the end user of the facilities. 1.1.22 COMPENSABLE DELAY: A Delay for which DBT may be entitled under the Contract Documents to both an extension of the Contract Time and an adjustment of the Contract Sum for additional compensation. 1.1.23 CONSTRUCTION DOCUMENTS: The final Design Documents prepared by DBT and approved by City for construction of the Project. 1.1.24 CONSTRUCTION MANAGER: The City designated employee, project manager or an individual, partnership, corporation, joint venture or other legal entity under contract with City to perform construction management services for the Project. The term "Construction Manager" means Construction Manager or Construction Manager's authorized representative. 1.1.25 CONSTRUCTION SCHEDULE: The Approved graphical representation of DBT’s as-planned schedule for performance of the Work, and all Approved updates thereto, prepared in accordance with the requirements of the Contract Documents and that provides for Substantial Completion of the Work within the Contract Time. 1.1.26 CONSTRUCTION SERVICES: All of the Work required to construct the Project in accordance with the Approved Construction Documents, including, but not limited to all services required to be performed or customarily provided by a licensed general contractor, and excluding Design Services. 1.1.27 CONTRACT: The Design-Build Contract and all Contract Documents incorporated therein; also referenced as the “Agreement”. DESIGN-BUILD 32 2021 1.1.28 CONTRACT DISPUTE: A dispute arising out of or related to the Design-Build Contract or the interpretation, enforcement or breach thereof, except as specified in Article 4 herein. 1.1.29 CONTRACT DISPUTE RESOLUTION PROCESS: The process of resolution of Contract Disputes, and, upon election of City, disputes as set forth in Article 4 of these General Conditions. 1.1.30 CONTRACT DOCUMENTS: This term shall be as defined in Section 3 of the Design -Build Contract. 1.1.31 CONTRACT SUM: The total amount of compensation stated in the Design -Build Contract that is payable to DBT for the performance of the Work in accordance with the Contract Documents, including adjustments made by Change Order. 1.1.32 CONTRACT TIME: The total number of days set forth in the Design -Build Contract within which Substantial Completion of the Work must be achieved by DBT, including any adjustments of time (increases or decreases) made by Change Order. 1.1.33 CONTRACTOR MARKUP: The markup that the DBT or Subcontractor may make on Extra Work that it performs with its own forces. A fixed sum calculated as ten percent (10%) of applicable Allowable Costs incurred by DBT or Subcontractor for performing Extra Work with its own forces, which is deemed to be full compensation for DBT’s or Subcontractor’s indirect costs associated with Extra Work, including, overhead, profit, and other indirect costs not included in the Allowable Costs. Contractor Markup is separate from and does not include Subcontractor Markup as defined herein. 1.1.34 DAY: Whether capitalized or not, unless otherwise sp ecifically provided, means calendar day, including weekends and legal holidays. 1.1.35 DEFECTIVE WORK: Work by DBT that is unsatisfactory, faulty, omitted, incomplete, deficient or does not conform to the Applicable Code Requirements, the Contract Docume nts, the directives of City or the requirements of any inspection, reference standard, test, code or approval specified in the Contract Documents. 1.1.36 DELAY: Whether capitalized or not, includes any circumstances involving disruption, hindrance, or interference in the performance of the Work within the Contract Time. 1.1.37 DELETED WORK: Work that is eliminated due to a Change in the Work requested by City or DBT for which City is entitled to a deductive adjustment in the Contract Sum. 1.1.38 DESIGN-BUILD ENTITY or DBE (or DESIGN-BUILD TEAM or DBT): As defined on page 1, paragraph 1, of this CONTRACT, the partnership, corporation or other legal entity that will provide both the Design Services and the Construction Services for the Project under this Contract. 1.1.39 DESIGN-BUILD SERVICES: All of the Construction Services and the Design Services which must be performed to completely design and construct the Project in accordance with the Contract Documents. 1.1.40 DESIGN CONSULTANT: The individual(s) or firm(s) under contract with City to provide preliminary design or engineering services for the Project and responsible for preparing the Bridging Documents for the Project. The term "Design Consultant" means Design Consultant or Desi gn Consultant's authorized representative, but does not mean the architect of record or engineer of record for the Project. 1.1.41 DESIGN DEVELOPMENT DOCUMENTS: The Design Documents prepared by DBT and approved by City for preparation of the final Construction Documents. DESIGN-BUILD 33 2021 1.1.42 DESIGN DOCUMENTS: The plans and specifications developed by DBT as part of the Design Services, including, collectively, the Design Development Documents and Construction Documents. 1.1.43 DESIGN PROFESSIONAL: An architect, engineer, landscape architect or land surveyor licensed and in good standing under the applicable provisions of the Business and Professions Code, who is retained by DBT to provide Design Services for the Project. 1.1.44 DESIGN SERVICES: All services necessary to design the Project in conformance with the Bridging Documents, including, but not limited to all services required to be provided by or under the direction of a Design Professional, and excluding the Construction Services. 1.1.45 DRAWINGS: The graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, generally including plans, elevations, subparagraphs, details, schedules and diagrams. The term “Drawings” may be used interchangeably with "Plans." 1.1.46 ESCROW AGENT: A state or federally chartered bank in the State of California which holds securities pursuant to an escrow agreement as set forth in Section 9.5 of these General Conditions. 1.1.47 EXCUSABLE DELAY: A Delay for which DBT may be entitled under the Contract Documents to an extension of time, but not compensation. 1.1.48 EXISTING IMPROVEMENTS: All improvements located on the Site as of the date of execution of the Design-Build Contract, whether above or below the surface of the ground, including but not limited to existing buildings, utilities, infrastructure improvements and other facilities. 1.1.49 EXTRA WORK: Additional Work or costs due to a Change in the Work that is not described in or reasonably inferable from the Contract Documents which may be the basis for an adjustment of the Contract Sum and/or the Contract Price under the terms of the Contract Documents. Extra Work shall not include additional Work or costs arising from DBT’s failure to perform any of its duties or obligations under the Contract Documents. 1.1.50 FIELD ORDER: A written instrument signed by the City or its Construction Manager that authorizes and directs performance of the Work described therein, and which may or may not include adjustments (increase or decrease) to the Contract Sum and/or Contract Time. 1.1.51 FINAL COMPLETION: Full completion of all Work required by the Contract Documents, including all punch list items, and submission of Record Documents, all to City’s satisfaction. 1.1.52 FINAL PAYMENT: Final payment of the Contract Sum following Final Completion, including release of undisputed retention, less any amounts withheld or offset pursuant to the Contract Documents, including, but not limited to, liquidated damages, unreleased stop notices, amounts subject to setoff, and up to 150% of unresolved third-party claims for which DBT is required to indemnify City, and up to 150% of any amounts in dispute as authorized by Public Contract Code Section 7107. 1.1.53 FRAGNET: A “Fragnet”, sometimes referred to as “time impact analysis,” is a contemporaneous, fragmentary scheduling network, which graphically identifies the sequencing of all critical and non-critical new activities and/or activity revisions affected by a Change Order or Delay, with logic ties to all affected existing activities noted on the Construction Schedule. Its objective is to isolate and quantify any time impact of a specific issue, determine and demonstrate any such specific Delay in re lation to past and/or other current Delays and to provide a method for incorporating adjustments to the Contract Time into the Construction Schedule. DESIGN-BUILD 34 2021 1.1.54 GENERAL CONDITIONS: That portion of the Contract Documents relating to the administrative procedures to be followed by DBT in carrying out the Work. 1.1.55 HAZARDOUS SUBSTANCES: Refers to, without limitation, the following: any chemical, material or other substance defined as or included within the definition of hazardous substances, hazardous materials, hazardous wastes, extremely hazardous substances, toxic substances, toxic material, restricted hazardous waste, special waste, universal wastes or words of similar import under any Environmental Law. 1.1.56 LOSSES: Any and all losses, costs, liabilities, Claims, damages, liquidated damages, actions, judgments, settlements, expenses, fines and penalties. "Losses" do not include attorneys' fees. 1.1.57 NOTICE OF AWARD: Written notice issued by City notifying DBT of issuance of the Design - Build Contract. 1.1.58 NOTICE TO PROCEED: Written notice issued by City to DBT to begin the Design -Build Services. 1.1.59 PERFORMANCE BOND, PAYMENT BOND: The performance and payment bonds to be provided by DBT for the Construction Services. 1.1.60 PLANS: The graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, subparagraphs, details, schedules and diagrams. The term “Plans” may be used interchangeably with "Drawings." 1.1.61 PRE-CONSTRUCTION MEETING: A meeting held with the Project Team prior to beginning construction in order to review Contract Documents and clarify roles, responsibilities and authority of the Project Team. 1.1.62 PROJECT: The total design and construction, of which the Design-Build Services provided by DBT under the Contract Documents may be the whole or part and which may include Work performed by City’s own forces or by Separate Contractors, of the public improvement(s) speci fied in the RFP. 1.1.63 PROJECT TEAM: Collectively, the DBT, City, Design Consultant, Construction Manager and other consultants and Contractors providing professional and technical consultation for the design and construction of the Project. 1.1.64 PROPOSAL: A written proposal submitted to City for the Project in response to City’s Invitation for Proposals. 1.1.65 PROPOSER: An individual or entity that submits a Proposal. 1.1.66 RECORD DOCUMENTS: The term “Record Documents” refers to, collectively, the As-Built Documents, warranties, guarantees and other documents required to be submitted by DBT as a condition of Final Completion. 1.1.67 REQUEST FOR INFORMATION: A written instrument, prepared by DBT, which requests an interpretation or clarification in the Design-Build Services or a response to a question concerning the Design- Build Services. A Request for Information does not entitle DBT to an adjustment in the Contract Sum unless it requires Extra Work and DBT requests and is entitled to such an adjustment in accordance with the provisions of the Contract Documents. DESIGN-BUILD 35 2021 1.1.68 REQUEST FOR INFORMATION RESPONSE: A written instrument, usually prepared by the Design Consultant, which sets forth an interpretation or clarification or a response to a DBT question concerning the Design-Build Services. 1.1.69 REQUEST FOR PROPOSALS or RFP: The City’s formal, written request for Design -Build Services for the Project and the Contract Documents provided with or incorporated into the RFP. 1.1.70 SCHEDULE OF VALUES: A detailed, itemized breakdown of the Contract Sum, which provides for a fair and reasonable allocation of the dollar values to each of the various parts of the Design - Build Services. 1.1.71 SEPARATE CONTRACTOR: A person or firm under separate contract with City or other entity performing other Work at the Site. 1.1.72 SITE: The physical site located within City where the Project is to be constructed, including all adjacent areas for staging, storage, parking and temporary offices. 1.1.73 SPECIAL PROVISIONS: The portions of the Contract Documents consisting of additional written requirements for materials, equipment, standards, skill, quality for the Design -Build Services. These provisions may also contain amendments, deletions or additions to the General Conditions. 1.1.74 STATEMENT OF CONTRACT DISPUTE: The DBT’s written statement prepared in accordance with Article 4 of these General Conditions required as a condition of its initiating the Contract Dispute Resolution Process set forth in the Design-Build Contract. 1.1.75 SUBCONTRACTOR: A person or firm that has a contract with a DBT to perform a portion of the Work. The term "Subcontractor" includes suppliers and vendors and is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. “Subcontractor” includes Subcontractors of any tier. 1.1.76 SUBCONTRACTOR MARKUP: The markup the Contractor may make on Extra Work performed by a Subcontractor. A fixed sum calculated as fifteen percent (15%) of the Subcontractor’s Allowable Costs incurred by Subcontractor for performing Extra Work, which is deemed to be full compensation for DBT’s indirect costs for having the Extra Work performed by th e Subcontractor, including, overhead, profit, and other indirect costs not included in Allowable Costs. Subcontractor Markup is made on the Subcontractor’s incurred Allowable Costs only , which is separate from and does not include Contractor Markup as defined herein, made by the Subcontractor. 1.1.77 SUBMITTALS: All shop drawings, samples, exemplars, product data and other submittals required to be submitted to the City by DBT under the Contract Documents. 1.1.78 SUBSTANTIAL COMPLETION, SUBSTANTIALLY COMPLETE: As determined by City, the point at which the Work is sufficiently complete to be occupied and utilized by City for its intended purpose, and DBT has fulfilled its obligations under the Contract Documents, except for minor punch list items which do not impair City's ability to so occupy and utilize the Project. 1.1.79 SUPERINTENDENT: The person appointed by DBT, subject to approval by City, to supervise and coordinate DBT's own forces and Subcontractors in all aspects of the Construction Services. DESIGN-BUILD 36 2021 1.1.80 UNEXCUSED DELAY: Any Delay in the path of activities that is critical to Substantial Completion of the Work within the Contract Time and which Delay is not attributable to the City. An Unexcused Delay shall not entitle DBT to either an extension of the Contract Time or an adjustment of the Contract Sum. To the extent an Unexcused Delay is concurrent with an Excused Delay, the Excusable Delay shall be conclusively deemed an Unexcused Delay. 1.1.81 WORK: All labor, materials, equipment, services, permits, fees, licenses and taxes, and all other things necessary for DBT to perform its obligations and to fully design and construct the Project, including, without limitation, any changes or additions requested by City, in accordance with the Contract Documents and all Applicable Code Requirements. 1.2 OWNERSHIP AND USE OF DOCUMENTS 1.2.1 All originals, copies and electronic forms of Plans and Drawings, technical specifications, (including, without limitation, the Bridging Documents) shall not be used by DBT, or any Subcontractor, for any purpose other than providing the Design -Build Services for the Project. DBT and Subcontractors are granted a limited license, revocable at will by City, to use and reproduce applicable portions of the Contract Documents appropriate to and for providing Design-Build Services under the Contract Documents; provided however, that such use shall not reduce City’s rights to use and ownership of the docum ents. 1.2.2 DBT shall keep on the Site of the Project, at all times, a complete set of City approved, permitted Contract Documents for use by City. 1.2.3 Proposed Changes or refinements and clarifications to the Approved Construction Documents will be provided to DBT in the form of reproducible prints. DBT shall, at its own expense and without adjustment to the Contract Sum, reproduce and distribute such prints as are necessary for the complete pricing of the Change and for performance of the Work. 1.2.4 DBT shall include a provision in all contracts with Subcontractors who perform Work on the Project, protecting and preserving City’s rights to ownership and use of documents as set forth in this Section 1.2. 1.3 INTERPRETATION OF CONTRACT DOCUMENTS 1.3.1 The Contract Documents are complementary and what is required by one shall be as binding as if required by all. 1.3.2 In general, the Drawings will show dimensions, positions, and type of construction to be completed; and the Special Provisions and technical specifications will define materials, quality and standards. Any Work called for on the Drawings and not mentioned in the Special Provisions and technical specifications, or vice versa, shall be performed as though fully set forth in both. Work not particularly detailed, marked or specified, shall be the same as similar parts that are detailed, marked or specified. 1.3.3 Unless otherwise stated in the Contract Documents, technical word s and abbreviations contained in the Contract Documents are used in accordance with commonly understood construction industry meanings and non-technical words and abbreviations are used in accordance with their commonly understood meanings. DESIGN-BUILD 37 2021 1.3.4 The Contract Documents may omit modifying words such as "all" and "any," and articles such as "the" and "an." If a modifier or an article is not included in one statement and appears in another it is not intended to affect the interpretation of either statement. The use of the word "including," when following any general statement, shall not be construed to limit such statement to specific items or matters set forth immediately following such word or to similar items or matters whether or not non -limiting language (such as "without limitation," "but not limited to," or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement. 1.3.5 Whenever the context so requires, the use of the singular number shall be deemed to include the plural and vice versa. Each gender shall be deemed to include the other gender, and each shall include corporation, partnership, trust, or other legal entity whenever the context so requires. The captions and headings of the various subdivisions of the Contract Documents are intended only as a matter of reference and convenience and in no way define, limit, or prescribe the scope or inten t of the Contract Documents or any subdivision thereof. 1.3.6 Any cross-references indicated between various subparagraphs or Drawings and Documents are provided for the DBT’s convenience and shall not be all-inclusive. 1.3.7 Unless specifically noted to the contrary, all Work, equipment, casework, mechanical, electrical and similar devices of whatever nature in the Contract Documents shall be completely installed, hooked-up, made operational and made functional for the purpose such are intended, and al l costs therefore are included in the Contract Sum. 1.3.8 Figured dimensions on scale Drawings and on full size Drawings shall govern over scale Drawings without figured dimensions. The Drawings shall not be scaled to determine dimensions, and (except in the case of diagrammatic Drawings) shall be calculated from figures shown on the Drawings. Obvious discrepancies between scale and figured dimensions, unless marked "not to scale," must be brought to the Construction Manager's attention before proceeding with the Work affected by the discrepancy. 1.3.9 If there is a conflict between any of the Contract Documents, DBT shall immediately bring such conflict to the attention of City, whose decisions regarding such conflict shall be final and binding as to the requirements of the Contract Documents. In the event of any conflicts between or among the Applicable Code Requirements, the more stringent shall govern. In the event a conflict between any of the Contract Documents is not resolved by the order of precedence established in the Contract Documents, the highest standard of quality and skill, the most stringent requirements, and the most specific provision of the Contract Documents shall govern and shall be required in the performance of the Design-Build Services. 1.3.10 The general character of the Design-Build Services is shown in the Contract Documents, but Changes, modifications, clarifications and refinements may be made in details when needed to more fully explain the Work. Provided that they are a logical evolution of the Bridging Documents that were provided with the Request for Proposals or were reasonably inferable as necessary to provide a completed and fully operational system, facility or structure, the same shall be considered part of the s cope of the Design-Build Services to be provided without adjustment in the Contract Sum or the Contract Time. 1.3.11 Where on any Drawing a portion of the Work is drawn out and the remainder is indicated in outline, the drawn-out parts shall apply also to all other like portions of the Work. 1.3.12 DBT will provide all necessary labor, equipment, transportation and incidentals required to complete the Design-Build Services, even if the Contract Documents do not describe the Work in complete detail. DESIGN-BUILD 38 2021 1.3.13 Drawings and diagrams for mechanical, plumbing and electrical Work shall be considered as diagrammatic only and shall not to be used for any structural guidance or physical layout, unless specifically detailed or dimensioned, and DBT shall be responsible to provide any and all numbers and lengths of mechanical, plumbing or electrical fittings, wire, conduit, connections, attachments or similar materials needed to complete the Work, at no adjustment to the Contract Sum or Contract Time, whether or not they exceed the numbers of such pieces or the lengths indicated by the Drawings. 1.3.14 City, in its sole discretion, will interpret the Contract Documents and make the determination of whether or not DBT has fulfilled the requirements of the Contr act Documents. Such interpretations and decisions of City shall be final and binding upon DBT. ARTICLE 2 –CITY’S RIGHTS AND OBLIGATIONS 2.1 INFORMATION AND SERVICES PROVIDED BY CITY 2.1.1 Except as otherwise provided in the Special Provisions and Bridging Documents, DBT shall obtain and pay for any permits, easements and governmental approvals, including City building and related permits, for the use or occupancy of permanent structures required in connection with the Design -Build Services. 2.1.2 Requests for Information Responses, Approvals and decisions required of City, Design Consultant or Construction Manager under the Contract Documents shall be provided by the Construction Manager to DBT upon request in a timely manner in order to avoid unreasonable Delay in the orderly and sequential progress of the Design-Build Services. Notwithstanding the foregoing, failure by City, Design Consultant, Construction Manager or City’s other consultants to provide Request for Information Response, Approvals or decisions shall not be considered as a basis for DBT to seek adjustment in the Contract Time until ten (10) Days after DBT has delivered written notice to City and to the person from whom such information, Approval or decision is requested, including the following: (i) The notice must include the following statement: “You are hereby notified that certain information, approval or decision described herein has not been provided in accordance with Paragraph 2.1.2 of the General Conditions and if not provided within ten (10) Days from this notice may result in additional cost or a request for time extension due to Delay.” (ii) A detailed description of the information, approval or decision required, accompanied by copies of DBT’s prior written request(s). (iii) The date by which the information, approval or decision must be received so as to not result in Delay to the Project, which shall in no event be earlier than ten (10) Days after the date of City’s receipt of such notice. 2.1.3 City’s failure to provide the requested information, approval or decision within ten (10) days following receipt of the above notification will not entitle DBT to an increase in the Contract Sum or Contract Time unless the delay was unreasonable under the circumstances and DBT requests an increase in the Contract Sum and/or Contract Time by submitting a Change Order Request in compliance with Article 7 herein. DBT will not be entitled to an increase in the Contract Time if the City’s delay in responding was 1) reasonable under the circumstances, 2) caused by DBT’s failure to timely or properly submit its request for information, or 3) the requested information was already provided or available to the DBT. DESIGN-BUILD 39 2021 2.2 ACCESS TO PROJECT SITE City will make available, no later than the commencement date designated in the current construction Schedule accepted by City, the lands and facilities upon which the Work is to be performed, including such access and other lands and facilities designated in the Contract Documents, for use by DBT. 2.3 CITY'S RIGHT TO STOP THE WORK If DBT fails to correct Defective Work as required by Section 12.2 of these General Conditions, fails to perform the Work in accordance with the Contract Documents, or violates any Applicable Code Requirement, City may, without terminating the Contract, direct DBT to stop the Work, or any portion thereof, until the cause for such order has been eliminated by DBT. DBT shall not be entitled to any adjustment of Contract Time or Contract Sum as a result of any such order. City shall have no duty or responsibility to DBT or any other party to exercise the right to stop the Work. 2.4 CITY’S RIGHT TO CARRY OUT THE WORK If DBT fails to carry out the Work in accordance with the Contract Documents, fails to provide sufficient labor, materials, equipment, tools and services to maintain the Construction Schedule, or otherwise fails to comply with any requirement of the Contract Documents, and fails within the time specified in the Contract Documents, after receipt of notice from City to promptly commence and thereafter diligently continue to completion the correction of such failure, City may, without prejudice to other remedies City may have and without terminating the Contract, correct such failure at DBT's expense. In such case, City shall be entitled to deduct from payments then or thereafter due DBT the cost of correcting such failure, including compensation for the additional services and expenses of City and City's consultants made necessary thereby. If payments then or thereafter due DBT are not sufficient to cover such amounts, DBT shall pay the additional amount to City. 2.5 ACCESS TO MUNICIPAL SERVICE CENTER For all Projects which require DBT access to City’s Municipal Service Center (MSC), all DBTs shall provide and all DBT’s personnel shall at all times display, in the form of badges, identification which shall include the DBT’s name, the employee’s name, City’s Project Managers name and telephone number, and the name and number of the Project being performed. Badge identification information shall correspond with information contained in the bearer’s driver license or with other City approved identification. Any discrepancies, or failure of DBT’s personnel to display proper identification, will in result their removal from the Project, or in refusal of access to the MSC. 2.6 EMERGENCY TERMINATION OF CONTRACT The Design-Build Contract is subject to termination as provided by Section 4410 and Section 4411 of the Government Code of the State of California, being portions of the Emergency Termination of Public Contract Act of 1949. In the event that the Design-Build Contract is terminated pursuant to said section, compensation to the DBT shall be determined on the basis of the reasonable value of the Design -Build Services completed, including preparatory work. As an exception of the foregoing, in the case of any fully completed separate item or portion of the work for which there is a separate unit or contract price, the unit or contract price shall control. DESIGN-BUILD 40 2021 ARTICLE 3 – DBT’S RIGHTS AND OBLIGATIONS 3.1 REVIEW OF THE SITE, CONTRACT DOCUMENTS AND FIELD CONDITIONS 3.1.1 DBT warrants that it is satisfied as to character, quality, and quantities of surface and subsurface materials or obstacles to be encountered insofar as reasonably ascertainable from a careful inspection of the Site (including, without limitation, Existing Improvements on the Site) and from the geological investigation reports, data and similar information, if any, made ava ilable to DBT by City. Any failure by DBT to take such information or conditions into consideration will not relieve DBT from responsibility for estimating the difficulty and cost of successfully completing the Work within the Contract Sum and Contract Time. 3.1.2 DBT warrants and represents that it has carefully reviewed the Proposal and Contract Documents prior to submitting its Proposal and executing the Contract. The DBT shall not be entitled, and conclusively waives any right, to an adjustment in the Contract Sum or Contract Time for any additional or unforeseen costs or Delay in the performance of Work due to conditions in Contract Documents constituting errors, omissions, conflicts, ambiguities, lack of coordination or noncompliance with Applicable Code Requirements, if such conditions were either discovered by DBT or could have been reasonably discovered by DBT or its Subcontractors in the exercise of care and diligence in the review of the Contract Documents, subject to the limitations of Public Contract Code Section 1104. 3.1.3 If DBT discovers what it perceives to be errors, omissions, conflicts, ambiguities, lack of coordination or noncompliance with Applicable Code Requirements in the Contract Documents, then DBT shall, within two (2) days of discovery, notify City or the Construction Manager in writing stating both of the following: (i) A detailed description of the conditions discovered. (ii) DBT’s request for clarification, further details or correction of the Contract Documents. Failure by DBT to provide written notice within the period of time required shall result in DBT waiving any right to adjustment in the Contract Sum or Contract Time on account thereof. 3.1.4 If DBT believes it is entitled to an adjustment of the Contract Sum or Contract Time for Extra Work based upon additional written or verbal instructions, information, or direction from City, Design Consultant, or Construction Manager, it may submit a Change Order Request pursuant to Article 7 of the General Conditions within ten (10) days of receipt of such instructions, information, or direction. 3.1.5 The DBT shall take field measurements of the existing field conditions verified. DBT shall carefully compare the field conditions with the Contract Documents and other information known to DBT before commencing the Work. DBT shall promptly report in writing to the Construction Manager any errors, inconsistencies, or omissions the DBT discovers. 3.1.6 If DBT performs any portion of the Work which it knows, o r in the exercise of care and diligence should have known, involves an error, omission, conflict, ambiguity, lack of coordination or noncompliance with Applicable Code Requirements, without notifying and obtaining the written Approval of City or before obtaining a written clarification, interpretation, instruction or decision from Construction Manager, then any Work that is performed that is not in conformance with the clarifications, interpretation, instruction or decision of City, Design Consultant or Construction Manager shall be removed or replaced and DBT shall be responsible for the resultant Losses with no adjustment in the Contract Sum or Contract Time. DESIGN-BUILD 41 2021 3.1.7 Existing improvements at the Site, for which no specific description is made on the Drawings, but which could be reasonably assumed to interfere with the satisfactory completion of the Work, shall be removed and disposed of by DBT, but only upon the specific direction and control of City. Without limitation to the foregoing, and notwithstanding any information provided by City pertaining to groundwater elevations and/or geological and soils conditions encountered, it is understood that it is DBT’s responsibility to determine and allow for the elevation of groundwater, and the geological and soi ls conditions at the date of performance of the Work. 3.2 SUPERVISION AND CONSTRUCTION PROCEDURES 3.2.1 DBT shall supervise, coordinate and direct the Construction Services using DBT's best ski ll and attention and shall provide supervision sufficient to assure proper coordination and timely completion of the Work. DBT and its subcontractors shall be solely responsible for and have control over construction means, methods, techniques, safety, sequences, procedures and the coordination of all portions of the Work. 3.2.2 DBT shall be responsible for the accurate layout of all portions of the Work and shall verify all dimensions on the Drawings and shall report to City any discrepancies before pro ceeding with related Work. 3.2.3 DBT may be assigned working space adjacent to the Site, and all field offices, materials and equipment shall be kept within this area. DBT shall be responsible for leaving the space in as good condition as DBT found it, or restoring it to the condition it was in prior to DBT commencing the Work. 3.2.4 DBT shall be responsible to City for acts and omissions of DBT's agents, employees, and Subcontractors, and their respective agents and employees. Unless otherwise stated i n or a contrary intention is reasonably inferable from the Contract Documents, references to DBT, when used in reference to an obligation bearing upon performance of the Project, shall be deemed to include DBT’s Subcontractors. 3.2.5 DBT shall not be relieved of its obligation to perform the Work in accordance with the Contract Documents by the act(s) or omission(s) by City in the administration of the Contract, or by tests, inspections or Approvals required or performed by persons or firms other than DBT . 3.3 RESPONSIBILITY FOR THE WORK 3.3.1 DBT shall be in charge of and responsible for all portions of the Work of the Contract, and shall be responsible for conforming such portions to the requirements of the Contract Documents and readying such portions to receive subsequent Work. 3.3.2 DBT shall at all times maintain good discipline and order among its employees and Subcontractors. DBT shall provide competent, fully qualified personnel to perform the Work, and shall ensure that each Subcontractor engaged on the Site arranges the storage of materials and equipment and performance of its Work so as to interfere as little as possible with Separate Contractors or other persons engaged in work for City on the Site. 3.3.3 During the installation of Work, DBT shall insure that existing facilities, fences, and other structures are all adequately protected. Upon Final Completion of all Work, all facilities that may have been damaged shall be restored to a condition acceptable to City. 3.3.4 DBT is responsible for the security of the Site and all Work provided under the terms of this Contract, as well as all Work provided by Separate Contractors that occurs on the Site at any time prior to Final Completion and Acceptance of the Work by City. DESIGN-BUILD 42 2021 3.4 LABOR, WORKMANSHIP, MATERIALS AND MANUFACTURED ITEMS DBT shall provide and pay for all labor, materials, equipment, tools, construction equi pment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents or otherwise Approved by the Construction Manager, all articles, equipment and materials incorporated in the Work shall be new, of good quality, undamaged and not defective. 3.5 DBT'S WARRANTY 3.5.1 In addition to the guarantee to repair referenced in Article 12 and any specific warranty mentioned in the Project specifications, DBT warrants to City that all materials and equipment used in or incorporated into the Work will be of good quality, new and free of liens, Claims and security interests of third parties; that all labor, installation, materials and equipment used or incorporated into the Work will be of good quality and free from defects; and that the Work will conform with the requirements of the Contract Documents and Applicable Code Requirements. If required by City, DBT shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Manufactured items installed in the Work and n ot specifically covered in the Contract Documents are to be installed in strict accordance with manufacturers' current printed instructions. 3.5.2 All materials to be incorporated in the Work shall be protected from damage during delivery, storage, and handling, and after installation until Acceptance of the Work, and DBT shall, without charge to City, be responsible for all damage to the materials or the Work due to DBT's failure to provide such proper protection. 3.6 CONSTRUCTION METHODS AND PROCEDURES 3.6.1 The methods and procedures adopted by DBT and its subcontractors shall be such as to secure a quality of Work satisfactory to City and to enable completion of the Work in the time agreed upo n. If at any time such methods and procedures appear inadequate, City may order DBT to improve the character or increase efficiency, and DBT shall conform to such order; but the failure of City to order such improvement of methods or increase of efficiency will not relieve DBT from its obligation to perform the Work in accordance with the Contract Documents or within the Contract Time. 3.6.2 If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, DBT shall be fully and solely responsible for the Site safety for implementing such means, methods, techniques, sequences or procedures. If DBT determines that such means, methods, techniques, sequences or procedures may not be safe, DBT shall give written notice to City and shall not proceed with that portion of the Work without further written instruction by City. DESIGN-BUILD 43 2021 3.7 TAXES 3.7.1 DBT and Subcontractors are responsible for paying all sales, consumer, business license, use, income and payroll, and similar taxes for the Work or portions thereof provided by DBT and Subcontractors. 3.7.2 All DBTs and Subcontractors for Design-Build Contracts equal to or greater than $5 million dollars shall be required to obtain a sub permit with the California Board of Equalization for a direct allocation of any and all applicable use tax to the City of Palo Alto, where the jobsite is located. DBT and applicable Subcontractors shall apply for and comply with all of the c onditions of the sub permit pursuant to Section 260.020 of the California State Board of Equalization, Chapter 2, “Compliance Policy and Procedures Manual: Registration, subchapter DBTs,” as may be amended from time to time. 3.8 LEGAL REQUIREMENTS 3.8.1 DBT shall perform the Work in accordance with all Applicable Code Requirements, even though such requirements are not specifically referenced in the Contract Documents. 3.8.2 When the Work required by the Contract Documents is in conflict with any Applicable Code Requirement, DBT shall notify Construction Manager and shall not proceed with the Work until Construction Manager provides direction to the DBT. 3.9 PROJECT STAFF 3.9.1 DBT shall employ a complete and competent project staff for the duration of the Construction Services, which shall include separate individuals designated to act as Superintendent, project manager, project engineer(s) and administrative assistant(s), plus such other persons necessary to diligently prosecute the Work. DBT shall not replace the designated Superintendent or project manager without a minimum seven (7) Day written notice. Any Project staff member and any replacement member shall be subject to the approval of City, which may be granted or withheld in its sole discretion. Upon notice from City requesting replacement of any Project staff member who is unsatisfactory to City, DBT shall in a timely manner, but in no event longer than three (3) Days after notification, replace such member with a competent member satisfactory to City. Failure by DBT to comply with the provisions of this Paragraph shall entitle City, at its option exercised in its sole discretion, to terminate the Contract or suspend the Work until DBT complies with this Paragraph. All costs or damages associated with such termination or suspension shall be borne by DBT, without adjustment in the Contract Sum or Contract Time. 3.9.2 The Superintendent shall be at the Site at all times during the performance of the Work. The Superintendent shall represent DBT and communications given to and acknowledged by the Superintendent shall be binding on DBT. Further, communications issued by or received from the Superintendent shall be deemed as binding on DBT. The Superintendent must be able to read, write and communicate fluently in English. 3.10 SCHEDULES REQUIRED OF DBT DBT shall submit a preliminary Construction Schedule to City in a form approved by the Construction Manager at the Pre-Construction Meeting. 3.10.2 Updated Construction Schedules shall be submitted in the form and frequency required by the Construction Manager. 3.10.3 The Construction Schedule and Construction Schedule updates shall meet the following requirements: DESIGN-BUILD 44 2021 .1 Schedules must be suitable in format and clarity for monitoring progress of the Work and shall utilize the critical path method of scheduling. .2 Schedules must provide necessary data about the timing for City's decisions and City-furnished items. .3 Schedules must be in sufficient detail to demonstrate adequate planning and staffing for the Work. .4 Schedules must represent a practical plan to complete the Work within the Contract Time. If at any time during the Work, any activity is not completed by its latest scheduled completion date, DBT shall notify the Construction Manager within five (5) Days of DBT's plans to reorganize the work force to return to the schedule and prevent Delays on any other activity. .5 An updated Construction Schedule shall be submitted with each progress payment request, but no less frequently than monthly, and shall include all of the following : (i) A written narrative report detailing the actual progress of the Work as of the date of submission; (ii) The expected progress of the Work as of such date according to the approved Construction Schedule; (iii) The reasons for any variance between the approved Construction Schedule and the updated Construction Schedule; and (iv) If required, DBT’s recovery plan for placing the Work back on Schedule, at DBT’s expense. Failure to timely comply with the above requirements may be grounds for rejection of a request for extension of time. 3.10.4 DBT shall plan, develop, supervise, control and coordinate the performance of the Work so the progress, sequence and timing of the Work conform to the current accepted Construction Schedule. DBT shall continuously obtain from Subcontractors information and data about the planning for and progress of the Work, the ordering and fabrication of materials, required Submittals, and the delivery of equipment, shall coordinate and integrate such information and data in updated Construction Schedules and Record Documents, and shall monitor the progress of the Work and the delivery of equipment. DBT shall act as the expediter of potential and actual delays, interruptions, hindrances or disruptions for its own forces and those forces of Subcontractors, regardless of tier. DBT shall cooperate with City in the development of the Construction Schedule and updated Construction Schedules. 3.10.5 City's review, comments, requests for revisions, or acceptance of any schedule or scheduling data shall not: (i) Relieve DBT from its sole responsibility for the feasibility of the schedule and to plan for, perform, and complete the Work within the Contract Time; DESIGN-BUILD 45 2021 (ii) Transfer responsibility for any schedule from DBT to City; nor (iii) Imply City’s agreement with any assumption upon which such schedule is based or any matter underlying or contained in such schedule. 3.10.6 Failure of City to discover errors or omissions in Cons truction Schedules that it has reviewed or Approved, or to inform DBT that DBT, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Construction Schedule, shall not relieve DBT from its sole responsibility to perform and complete the Work within the Contract Time and shall not be a cause for an adjustment of the Contract Time or the Contract Sum. 3.10.7 DBT shall cooperate with and coordinate its Construction Schedule with work of City and City’s Separate Contractors. 3.11 DOCUMENTS AND SAMPLES AT PROJECT SITE 3.11.1 DBT shall maintain one (1) set of As-Built Documents at the Site, which shall be kept up to date on a daily basis during the performance of the Work. All performed changes, deletions or additions in the Work from that shown in the Contract Documents shall be recorded accurately and completely in the Record Documents. Upon Final Completion and as a condition to Final Payment, each sheet of the As -Built Documents and other Record Documents shall be signed and attested to by the DBT’s Superintendent as being complete and accurate. 3.11.2 DBT shall, at all times during performance of the Work, also maintain the following at the Site: (i) The latest updated Construction Schedule approved by City; (ii) Shop Drawings, product data, and samples; and (iii) All other required Submittals. At all times during the course of the Project, these documents shall be available to City, the Construction Manager and the Design Consultant to audit, excerpt, or copy as they see fit. Upon Final Completion or termination of the Design-Build Contract, these documents shall be delivered to City in the format requested by the City. 3.11.3 It shall be the responsibility of DBT to maintain a current and complete record of all Changes performed during the progress of the Pr oject construction. The record shall be in the form of a complete set of prints of the As-Built Documents on which daily recordings are made by DBT, indicating in detail and dimension each variation from the original set of Contract Documents for all of t he Work. At the completion of construction, DBT shall, as a requirement of the Final Completion of the Work, certify that to the best of its knowledge, the As-Built Documents are true and accurate, and that the indications thereon represent all Changes performed during the construction of the Project. At Final Completion, the As-Built and other Record Documents shall become the property of City. 3.11.4 DBT, in concert with the Design Consultant and the Construction Manager, shall review DBT's As-Built Documents for conformance with all current Changes prior to presenting its monthly Application For Payment. The monthly progress payment statement will not be accepted or processed by City unless the As-Built Documents are current and complete, and Approved by City. DESIGN-BUILD 46 2021 3.11.5 At Final Completion, the DBT shall provide the fully As-Built Documents to the City. These As-Built Documents will become the permanent property of City at Final Completion. If the As -Built Documents are prepared on a computer, then the revised computer files shall also be provided to City in the file format specified by City. 3.12 SUBMITTALS 3.12.1 Submittals are not Contract Documents. Their purpose is to demonstrate, for those portions of the Work for which Submittals are required, how DBT proposes to conform to the information given and the design concept expressed in the Contract Documents. Prior to starting Work, DBT shall provide to City an initial schedule for submission of the Submittals for which shop drawings are required by the Contract Documents. For each required shop drawing, DBT shall provide to City the date for the drawing's intended Submittal to the Design Consultant for review. The date required for its return to avoid Delay in any activity beyond the scheduled start date shall also be given. 3.12.2 All shop drawings and other Submittals shall be provided at DBT's expense, and at the time required by the Contract Documents or requested by the Construction Manager. 3.12.3 DBT shall review, approve, and submit to the Construction Manager, all Submittals required by the Contract Documents to be submitted and reviewed by the Design Consultant. Submittals to the Construction Manager without evidence thereon of DBT’s approval s hall be returned, without review, for resubmission in accordance with these requirements. Submittals shall be provided within the time frame specified in the Special Provisions and technical specifications in accordance with the Construction Schedule, and in such sequence as to cause no Delay in the Work or in the activities of City or of Separate Contractors. Submittals made by DBT which are not required by the Contract Documents, may be returned without action by the Construction Manager or Design Consultant. Submittal to the Construction Manager and Design Consultant must include a statement, in writing, identifying any deviations from the Contract Documents required due to manufacturing or installation limitations contained in the Submittal. 3.12.4 All Submittals shall be submitted in two (2) sets, accompanied by letters of transmittal, and addressed to the Construction Manager for review. Unless otherwise specified in the Contract Documents, Submittals consisting of Drawings or Plans shall be in the form of six (6) copies. The Submittal must be prepared and submitted in accordance with all applicable provisions in the Contract Documents. If the Submittal involves a request for substitution of materials, the request shall be clearly identified on the Submittal that it is a "Request for Substitution." Unless so clearly marked, Submittals shall not be considered as a request for substitution. The Construction Manager shall return to DBT three (3) marked -up prints. Submittals shall include all relevant catalog sheets, material lists, manufacturer’s brochures, technical bulletins, specifications, diagrams, or product samples, necessary to describe a system, product, or item. The letter of transmittal shall include a list of the accompanying documents and the numbers of the sheets submitted. All sheets shall be marked with the name of the Project and the name of DBT, shall be numbered consecutively, and shall be referenced to the sheets or paragraphs of the Contract Documents, referenced by sheet or subparagraph affected. Submittals shall be combined for singular assemblies, items or materials. 3.12.5 No Work requiring a Submittal shall be performed by DBT until the Submittal has been reviewed and approved by City, Construction Manager or Design Consultant, as appropriate, and the Design Consultant has documented the exceptions noted on the Submittal. DBT shall allow twenty (20) Days for review of timely and complete Submittals. Once the Submittal is returned to DBT by the Construction Manager with a statement that it has been reviewed and no exceptions are taken or further action requested, such Work shall be performed in accordance with the Submittal and the Contract Documents. DESIGN-BUILD 47 2021 3.12.6 DBT's Submittals represent that DBT has determined or verified materials and field measurements and conditions related thereto and that it has checked and coordinated the information contained within such Submittals with the requirements of the Contract Documents and Submittals for related Work. 3.12.7 If DBT discovers any conflicts, omissions or errors in Submittals, DBT shall notify the Construction Manager and receive instruction before proceeding with the affected Work. 3.12.8 DBT shall remain solely responsible, notwithstanding City, Construction Manager or Design Consultant’s review or approval of Submittals, for deviations (including, without limitation, those arising from standard shop practice) from the Contract Documents, unless DBT has specifically informed City, Construction Manager or Design Consultant in writing of such deviation at the time of transmitting the Submittal and City, Construction Manager or Design Consultant has given written approval of such deviation. No adjustment in the Contract Sum or Contract Time shall be permitted with respect to a ny such deviations that are noted in writing by DBT and as to which City, Construction Manager or Design Consultant takes no exception or approves. 3.12.9 After review of DBT's Submittals by City, Construction Manager or Design Consultant, as appropriate, the Construction Manager will transmit to DBT one set of Submittals. If the Submittals are found to be incomplete or incorrect, DBT shall resubmit after corrective action has been taken. DBT shall reimburse City, or City may withhold from payments due D BT, sums owing by City for any fees charged by City, Construction Manager or Design Consultant or City’s other consultants for more than two (2) reviews of a Submittal, or for accelerated review in a shorter time than set forth in the approved Construction Schedule, if requested by DBT or caused by late Submittals by DBT. The return of a Submittal due to failure to comply with the Contract Documents or for correction or additional information shall be considered a review. 3.12.10 Review of Submittals by City, Construction Manager or Design Consultant will be general and for conformance with design intent, and shall not relieve DBT from the responsibility for proper fitting and construction of the Work, nor from furnished materials and Work required by t he Contract which may not be indicated on the reviewed Submittals. 3.12.11 Submittals shall be in English, be of good quality, and be of a size and scale to clearly show all necessary details. Submittals shall show in detail the size, sections and dimen sions of all members; the arrangement and construction of all connections, joints and other pertinent details; and all holes, straps and other fittings required by other Separate Contractors for attaching their Work. When required by City, Construction Manager or Design Consultant, engineering computations shall be submitted. DBT shall be responsible for delivering duplicates of Submittals to all other persons whose Work is dependent thereon. 3.12.12 DBT shall, at all times, maintain at the Site a complete file of all City, Construction Manager or Design Consultant-reviewed Submittals. 3.13 TRADE NAMES, SUBSTITUTIONS 3.13.1 Any request for substitution of “or equal” items by the DBT shall be made within 35 days of award of the contract, unless otherwise specified in these Contract Documents, and shall be governed by Public Contract Code Section 3400. 3.13.2 If City accepts for use in the Project a substitute material or process which in the opinion of City, Construction Manager or Design Consultant is not the equal of that specified, a Change Order shall be issued issuing a credit to City for the difference in value. DESIGN-BUILD 48 2021 3.13.3 Substitutions by DBT that are incorporated into the Work without the prior review and Approval by City, Construction Manager or Design Consultant in accordance with the requirements of the Contract Documents shall be deemed to be Defective Work. 3.13.4 The specified completion time shall not be affected by any circumstance developing from the substitution provisions of this Section. 3.14 DAILY REPORTS BY DBT 3.14.1 At the end of each working day, DBT shall submit a daily report to the Construction Manager (on a form provided by or accepted by the Construction Manager) listing: (i) Labor - Names of workers, classification, hourly rates and hours worked. (ii) Material - Description and list of quantities of materials used. (iii) Equipment - Type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. (iv) Inspection and Testing Activities - Name, City or company and items involved. (v) Areas of Work - The areas of the Site on which Work was performed and a detailed description of the stage, status and progress of the Work in each such area at the beginning and end of the day. (vi) Accidents, Delays, Defective Work - Description in detail of any injuries to workers, accidents, Delays, or Defective Work that were encountered. (vii) Other Services and Expenditures - Description in such detail as City may require of other services and expenditures. 3.14.2 Reports by Subcontractors that comply with the requirements of this Section 3.14 shall also be submitted to the Construction Manager through DBT at the end of each working day. 3.14.3 Submission of daily reports by DBT and Subcontractors performing Work on the Site shall be a condition precedent to DBT's right to payment under the Contract. 3.14.4 Facts, notice or information contained in daily reports of DBT or its Subcontractors, whether known or not known to City or Construction Manager, shall under no circumstances be considered evidence of compliance by DBT with any of the specific written notice requirements of the Contract Documents. 3.15 CUTTING AND PATCHING 3.15.1 DBT shall do all cutting, fitting, or patching of the Work required to make all parts of the Work join properly and to allow the Work to join the work of Separate Contractors shown in, or reasonably implied by, the Contract Documents. 3.15.2 DBT shall not endanger the Work, the Project, Existing Improvements, or adjacent property by cutting, digging, or otherwise. DBT shall not cut or alter the work of any Separate Contractor without the prior written consent of City. DESIGN-BUILD 49 2021 3.15.3 In all cases, cutting shall be performed under the supervision of competent workers skilled in the applicable trade and shall cause the openings to be cut as small as possible to minimize unnecessary damage. 3.16 ACCESS TO THE WORK 3.16.1 City, Construction Manager, Design Consultant, their consultants and other persons authorized by City shall at all times have access to the Work wherever it is in preparation or progress. DBT shall provide safe and proper facilities for such access and for inspection. 3.16.2 City may, at any time, and from time to time during the performance of the Work, enter the Project for the purpose of installing any necessary other work by City labor or other contracts or for any other purpose. DBT shall cooperate with City and not interfere with other work being done by or on behalf of City. 3.17 ROYALTIES AND PATENTS DBT shall pay all royalties and license fees required for the performance of the Work. DBT shall immediately notify City if it learns of any circumstances that may constitute an infringement of patent rights and shall defend and indemnify City and the members of the Project Team in accordance with the indemnity requirements of the Design-Build Contract against Losses, liabilities, suits or Claims resulting from DBT's or any Subcontractor's or infringement of patent rights. 3.18 PERMITS AND LICENSES The DBT shall comply with all provisions of any permits necessary to accomplish the Work as specified in this Contract. DBT shall obtain and be responsible for the cost of all permits and applications related to the construction of the Project. 3.19 DIFFERING SITE CONDITIONS 3.19.1 Except as provided in this Section 3.19, DBT agrees to solely bear the risk, including any additional costs and Delay of any and all concealed and unknown site conditions, without adjustment to the Contract Sum or Contract Time. This provision is applicable if the Project involves digging trenches or other excavations that extend deeper than four (4) feet below the surface. DBT shall promptly, and before the following conditions are disturbed, provide written notice to City if the DBT finds any of the following conditions: .1 Material that DBT believes may be a hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law. .2 Subsurface or latent physical conditions at the Site differing from those indicated by information about the Site made available to Proposers prior to the deadline for submitting Proposals. .3 Unknown physical conditions at the Site of any unusual nature, differing materially different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. 3.19.2 City shall promptly investigate any of the above the conditions and if City finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in DBT’s cost of, or the time required for, performance of any part of the Work, shall issue a Change Order under the procedures described in the Contract Documents. The City may, acting in its sole discretion, extend the applicable deadline for submitting a Change Order Request when it is based upon differing conditions subject to Public Contract Code Section 7104. DESIGN-BUILD 50 2021 3.19.3 In the event that a dispute arises between the City and the DBT regarding any of the matters specified in subsection 3.19.1, above, DBT shall not be excused from any scheduled completion date provided for in the Contract Documents, but shall proceed with all Work to be performed under the Contract. DBT shall retain any and all rights provided either by the Contract or by law which pertain to the resolution of disputes between DBT and City. 3.20 INSPECTIONS 3.20.1 In order to allow for inspection by City and other agencies, or any inspection required elsewhere in the Special Provisions and technical specifications, DBT shall notify City in writing three (3) Days in advance of the permanent concealment of any materials or Work. 3.20.2 Whenever DBT desires to carry on the Construction Services of this Design-Build Contract at hours other than those specifically required by the City or 8:00 AM to 6:00 PM, Monday through Friday or from 9:00 AM to 5:00 PM on Saturdays, it shall request authorization in writing from City for such Work at least twelve (12) Days in advance and, if approved to proceed, DBT agrees to pay the costs incurred by the City to provide inspectors during these times and the costs incurred for the Construction Manager, Design Consultant and/or other City consultants whose presence at the Site is necessary. City offices are closed on alternate Fridays commencing January 12, 2001, and every other Frid ay thereafter. Inspections by City Building Department may not be available on these days. 3.20.3 If any Work is concealed or performed without the prior notice specified above, then the Work shall be subject to such tests or exposure as may be necessary to prove to City that the materials used and the Work done are in conformity with the Contract Documents. All labor and equipment necessary for exposing and testing shall be furnished by DBT at its expense. DBT shall replace, at its own expense and without reimbursement by City, any materials or Work damaged by exposure and any faulty materials or work evidenced by such exposure or testing, and shall be responsible for any Delay caused thereby. 3.20.4 When, in order to comply with the intent of the Contract Documents, inspection must be made at the plant or mill of the manufacturer or fabricator of material or equipment, DBT shall notify City a sufficient length of time in advance to allow for arrangements to be made for such inspection. If required testing and/or inspection must be conducted at a location more than one hundred (100) miles from the Site, DBT shall be responsible for the additional travel costs required for testing and/or inspection at such location. 3.20.5 Any inspection or approval by any representative or agent of City will not relieve DBT of the responsibility of incorporating into the Work only those materials which conform to the Contract Documents, and any nonconforming materials shall be removed from the Site whenever identified , at DBT’s sole expense. 3.20.6 When DBT believes it has achieved either Substantial or Final Completion of the Work, DBT shall notify City and the Construction Manager in writing and request a Substantial or Final Completion inspection of the Work. City, Design Consultant and Construction Manager will make such inspection as soon thereafter as possible. DESIGN-BUILD 51 2021 3.21 STOP NOTICES DBT must promptly pay its Subcontractors in accordance with the subcontract requirements and California prompt payment statutes. If any stop notice or other claim is served, filed or recorded in connection with the Work, City shall have the option, in its sole discretion, to permit DBT immediately and at its own expense obtain a bond executed by a good and sufficient surety, in accordance with Civil Code section 9364, in a sum equal to one hundred twenty-five percent (125%) of the amount of such stop notice or claim. Such bond shall guarantee the payment of any amounts which the claimant may recover on the stop notice or claim, together with the claimant’s costs of suit in any action to enforce such stop notice or claim if the claimant recovers therein. This remedy shall be in addition to all other rights and remedies of City unde r the Contract Documents and applicable law, including, without limitation, the right to withhold funds from sums due to DBT. DBT shall timely notify City of DBT's receipt of any stop notice or other third -party claim, valid or invalid, relating to the Contract Documents. 3.22 PARKING DBT shall provide and maintain suitable parking areas, for use by all construction workers and others performing work or furnishing services in connection with the Project, as required to avoid a ny need for parking personal vehicles where they may interfere with public traffic, construction activities or public parking. The Construction Manager shall approve the location of all off-site parking in the City. 3.23 USE OF THE PROJECT SITE AND CLEAN UP 3.23.1 DBT shall confine operations at the Site to areas permitted by Applicable Code Requirements and the Contract Documents. DBT shall not encumber the Site with materials or equipment so that Separate Contractors' work is hindered or impeded due to such encumbrances. 3.23.2 DBT shall, during performance of the Work, keep the Site and surrounding area free from the accumulation of excess dirt, dust, waste materials, water and rubbish caused by DBT or any Subcontractors. DBT shall continuously and daily remove all excess dirt, waste material, water and rubbish caused by DBT and all tools, equipment, machinery and surplus materials from the Site and surrounding area at end of each day. Adequate cleanup will be a condition for progress payments. 3.23.3 Personnel of DBT shall not occupy, live upon, or otherwise make use of the Site during any time that Work is not being performed at the Site, except as otherwise provided in the Contract Docu ments. 3.23.4 Upon Final Completion of the Work, DBT shall remove all construction facilities, appurtenances, tools, material and other articles from the Site. The entire area, including all fixed equipment, floors, surfaces and hardware shall be cleaned and restored to their original condition in accordance with the Special Provisions and technical specifications. 3.23.5 In addition to water sprinkling, temporary enclosures and anti -dust sweeping compounds should be used to limit dust and dirt rising and to keep the Site clean. 3.23.6 Construction materials shall be neatly stacked by DBT when not in use. Loose materials, whether on the Site or in transit, shall be covered to prevent dust. DBT shall promptly remove splattered concrete, asphalt, oil, paint, corrosive liquids and cleaning solutions from the affected surfaces to prevent marring or other damage to the Work. 3.23.7 Volatile wastes shall be properly stored in covered metal containers and removed daily. All other trash receptacles shall be promptly emptied when full. DESIGN-BUILD 52 2021 3.23.8 DBT shall promptly and legally transport and dispose of removed and demolished items and waste materials not identified to be recycled or reused in compliance with local ordinances and anti - pollution laws. No rubbish or waste materials shall be burned, buried, or otherwise disposed of on the Site. 3.23.9 The DBT shall provide sanitary facilities at the Site, which shall be of reasonable capacity, properly maintained throughout the construction period, and obscured from public view to the greatest practical extent. DBT shall require all personnel to use the sanitary facilities. Sanitary facilities shall be on a portable trailer and shall be removed from the Site at the end of each workday. For se wer lining projects, DBT shall provide additional sanitary facilities on a portable trailer to be used by the residents during lining installation (one sanitary facility per each 30 meters [100 feet]). DBT shall remove the sanitary facilities as soon as relief holes are cut and notices of completion are delivered. 3.24 ENVIRONMENTAL CONTROLS Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various contract items of Work involved and no additional compensation will be allowed. 3.24.1 AIR POLLUTION CONTROL. DBT shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pu rsuant to the Contract, including rules promulgated by the Bay Area Air Quality Management District, the California Department of Public Health or any other applicable agency. In the absence of any applicable air pollution control rules, regulations, ordinances or statutes governing solvents, all solvents, including but not limited to the solvent portions of paint thinners, curing compounds, parts cleaners and degreasers and liquid asphalt used on the Project shall comply with the applicable material requirements of the Bay Area Air Quality Management District. All containers of paint thinner, curing compound parts cleaners and degreasers or liquid asphalt shall be labeled to indicate that the contents fully comply with said requirements. Material to be di sposed of shall not be disposed of onsite (i.e. used up inappropriately or burned). Compressed gases contained within cylinders or aerosol cans shall never be released for any purpose other than that intended by the manufacturer. .1 Mold. The DBT shall take steps to prevent mold from developing on the Site or being released into the air and shall promptly decontaminate any areas of mold that develop. .2 VOC’s. Only construction materials that emit low levels of volatile organic compounds (VOC) shall be used within indoor areas. Adequate ventilation of packaged dry products shall be used prior to installation. DBT is responsible to ventilate the building during the application of wet products (e.g., paints, glues, sealants), which release their highest levels of VOC's during the curing period immediately after the application. Also, wet products shall be applied before installing materials that act as "sinks" such as carpets, fabric, ceiling tiles, movable partitions, furniture, etc. in order to reduce the chance of the "sinks" absorbing contaminants and slowly releasing them into the building over time. .3 Off-Gassing. DBT is responsible for identifying specific materials that require more complex ventilation to accelerate off-gassing. In addition to paints, glues and sealants, those materials that generally require temporary ventilation include, without limi tation: composite wood products, plastics, waterproofing, insulation, fireproofing, caulking, acoustical ceilings, resilient flooring and wood preservatives. DESIGN-BUILD 53 2021 .4 Barriers. Barriers shall be used to prevent the migration of airborne pollutants from areas under construction and to mitigate any construction noise that may disrupt occupant activities. If effective controls for pollution emissions cannot be practically implemented, activities involving significant airborne pollutants shall be scheduled during off-hours at DBT’s expense. The Site shall be ventilated with fresh outside air during and immediately after the noxious activity. .5 Exhaust. DBT shall install temporary exhaust systems in construction areas to prevent contaminated air from entering the building's return-air system, including, without limitation: (i) Removing windows in a space. (ii) Using available or dedicated exhaust systems (e.g., kitchen or toilet exhaust) that are not tied into the building's overall return-air system. .6 Treated wood waste (TWW). TWW is any wood treated with preserving chemicals that protect the wood from insect attack or fungal decay (typically railroad ties, power poles, or bollards) shall be managed by DBT to minimize dust generation. DBT shall never grind TWW and shall be properly dispose TWW at a permitted TWW disposal facility. If DBT size- reduces the TWW then DBT shall collect all dust generated for proper offsite disposal. .7 Contaminated Soil Removal. Unless approved by the City, contaminated soils that are being removed shall be loaded directly into truck trailers that shall transport the soils directly to disposal facilities and not stockpiled onsite or elsewhere. If the City approves the temporary stockpiling of soils onsite, then DBT shall cover the soil with visqueen (or other suitable material) within 1 hour. The building shall be flushed with full outdoor air for seven (7) Days prior to occupancy. Full capacity of the HVAC system shall be used for at least 2.5 ACH (air changes per hour), provided by temporary fans. During this time, the interiors shall be thoroughly cleaned, the HVAC ducts vacuumed, and air and HVAC system filters replaced. DESIGN-BUILD 54 2021 3.24.3 WATER POLLUTION CONTROL. .1 DBT shall at a minimum use applicable Best Management Practices listed in the California Stormwater Quality Association Construction Handbook http://www.cabmphandbooks.com/Construction.asp to prevent the pollution of storm drains and watercourses by discharges of materials other than uncontamina ted storm water. Prohibited discharges include storm water runoff discharges that may threaten to cause pollution, contamination or nuisance, sanitary waste, sediment and debris from erosion and other substances resulting from construction activities. Sanitary wastes will not be permitted to enter any storm drain or watercourse and must be routed to the sanitary sewer system. No sediment, debris or construction materials will be permitted to enter sanitary sewers. .2 DBT shall provide effective and continuous control of water pollution, including Work in small or multiple units, on an out of phase schedule or with modified construction procedures. DBT shall determine which methods are most effective in achieving control of water pollution as a result of DBT's operations. DBT shall coordinate water pollution control work with all other Work performed by DBT and Separate Contractors. .3 Before starting any Work on the Project, DBT shall submit to the Construction Manager for acceptance a Storm Water Pollution Prevention Plan (SWPPP) for effective control of storm water pollution. Such plan shall show the schedule and detailed description for the storm water pollution prevention and erosion control work or practices included in the Design - Build Contract and for all storm water pollution control measures which DBT proposes to employ in connection with construction of the Project to minimize the effects of their operations upon storm drains, adjacent streams, and other bodies of water. DBT shall not perform any clearing and grubbing or earthwork on the Project, other than that specifically authorized in writing by the Construction Manager, until such SWPPP has been approved by a City representative or the Construction Manager. DBT shall revise and bring up to date said SWPPP at any time the Construction Manager makes written request for such revisions. .4 City shall not be liable to DBT for failure to accept all or any portion of any originally submitted or revised SWPPP, or for any Delays to the Work due to D BT's failure to submit an acceptable SWPPP. DBT assumes sole responsibility for all costs associated with treatment of storm water polluted as a result of DBT’s Site activities, whether treatment is initiated by DBT or City. .5 DBT may request the Construction Manager to waive the requirement for submission of a written SWPPP when the nature of DBT's operation is such that pollutant discharge or soil erosion is not likely to occur. Waiver of this requirement will not relieve DBT from responsibility for compliance with the other provisions of this Section. Waiver of the requirement for a written SWPPP will not preclude City requiring submittal of a SWPPP at a later time if the Construction Manager deems it necessary because of the effect of DBT's operations. .6 Where erosion damage which will cause storm water pollution is probable due to the nature of the material or the season of the year, DBT's operation shall be so scheduled that permanent erosion control features will be installed concurrently with or immediately following grading operations. .7 All storm water pollution control work required elsewhere in the Contract Documents which may be accomplished under the various contract items of Work will be measured and paid for as provided in said items of Work elsewhere in these Contract Documents. DESIGN-BUILD 55 2021 3.24.4 URBAN RUNOFF. At a minimum, the following specific Best Management Practices which address the potential pollution impacts of urban runoff shall apply to all projects undergoing construction in City. The Best Management Practices listed below (in addition to those listed in the technical specifications) are required by City, and shall apply at the time of demolition of an existing structure or commencement of construction until receipt of a certificate of occupancy or certificate of completion: .1 Sediment and construction waste from construction sites and parking areas shall not leave the Site. .2 Any sediments or other construction materials which are tracked off the Site shall be removed the same day. Straw wattles or another temporary sediment barrier shall be installed around the perimeter of the Site to prevent the sediment from leaving the Site. .3 On an emergency basis only, plastic covering may be utilized to prevent erosion of an otherwise unprotected area, along with runoff devices to intercept and safely convey the runoff. .4 Excavated soil shall be located on the Site in a manner that eliminates the possibility of sediment running into the street, storm drains, water bodies, or adjoining properties. Material stockpiles shall be covered within 1 hour of stockpiling the materi al until the material is either used or removed. .5 No washing of construction vehicles shall be allowed on or adjacent to the Site. .6 Drainage controls shall be utilized as needed, depending on the extent of proposed grading and topography of the Site, including, but not limited to the following: (i) detention ponds or sedimentation ponds; and (ii) dikes, berms or ditches; and (iii) down drains, chutes or flumes. 3.24.5 STORM WATER POLLUTION PREVENTION DURING ROADWORK. To avoid storm water pollution, DBT shall plan roadwork and pavement construction as follows: .1 Apply concrete, asphalt, and seal coat during dry weather to prevent contaminants from contacting storm water runoff. .2 Cover storm drain inlets and manholes when paving or applying seal coat, slurry seal, fog seal, etc. .3 Always park paving machines over drip pans or absorbent materials. .4 When making saw-cuts in pavement, use as little water as possible. Cover each catch basin completely with filter fabric during the sawing operation. Shovel or vacuum the slurry residue from the pavement and remove from the Site. 3.24.6 STORMWATER POLLUTION. To avoid stormwater pollution, DBT shall plan roadwork and pavement construction as follows: .1 Apply concrete, asphalt, and seal coat during dry weather to prevent contaminants from contacting stormwater runoff. .2 Cover storm drain inlets and personnel access holes when paving or applying seal coat, slurry seal, fog seal, etc. DESIGN-BUILD 56 2021 .3 Always park paving machines over drip pans or absorbent materials, since they tend to drip continuously. .4 When making saw-cuts in pavement, use as little water as possible. Cover each catch basin completely with filter fabric during the sawing operation and contain the slurry by placing straw bales, sand bags, or gravel dams around the catch basin. After the liquid drains or evaporates, shovel or vacuum the slurry residue from the pavement or gutter and remove from the Site. 3.24.7 DRAINAGE CONTROL. DBT shall provide for the drainage of storm water and such water as may be applied or discharged on the Site in performance of the Work. Drainage facilities shall be adequate to prevent damage to the Work, Site and adjacent property. Also drainage facilities shall be construc ted to minimize the potential pollution to the ocean. Existing drainage channels and conduits shall be cleaned, enlarged or supplemented as necessary to carry all increased runoff attributable to DBT's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channels), to protect City's private property and utility owner's facilities and the Work, and to direct water to drainage channels or conduits. Retention of drainage on the Site shall be provided as necessary to prevent downstream flooding. 3.24.8 DUST CONTROL. As elsewhere provided herein, the DBT shall be responsible for all dust alleviation and control measures necessary and required for the public safety and convenience during the life of the contract. The DBT shall use reclaimed water to control dust from unpaved surfaces as needed on a daily basis or as directed by the Construction Manager. The water shall be applied at a limited rate so as to avoid the creation of runoff from the site. The DBT shall not use water to flush down paved or impervious surfaces as a means of dust control. Paved or impervious surfaces shall be swept with a street sweeper as needed to control dust on the site. Compensation for water applied as alleviation and/or prevention of dust nuisance and street sweeping shall be considered as included in the prices paid for the various contract items of work and no additional allowance will be made therefore. 3.24.9 SPECIAL HAZARDOUS SUBSTANCES AND PROCESSES. DBT shall comply with the provisions of all applicable hazardous materials Standards including but not limited to California Code of Regulations (CCR) Title 8, Chapter 4, Group 16 (Cal OSHA Control of Hazardous Substances), CCR Title 22, Division 4.5, (hazardous waste management standards), California Health & Safety Code Division 20, Section 6.5 (hazardous waste control), California Fire Code, Code of Federal Regulations (CFR) 49 (DOT regulations), CFR 40, Part 60 (U.S. hazardous waste standards) and applicable sections of the Palo Alto Municipal Code. DBT shall at all times maintain an inventory of hazardous materials stored onsite and all applicable Material Safety Data Sheets (MSDSs) available for review by the City. For City-generated hazardous waste removal, the City will take full generator status for the hazardous wastes as described under CCR 22. The City will obtain any EPA Identification numbers for the project and will sign each manifest as the generator before the mat erial is transported. DBT shall fully manage the hazardous wastes for the City including the removing, storing, transporting and disposing of the hazardous wastes. For construction activities that remove existing hazardous wastes, such as, asbestos removal, contaminated soil removal, lead paint removal or other contamination abatement projects, DBT shall develop a hazardous materials management plan (HMMP). The HMMP shall contain sufficient information that shall demonstrate how the DBT will remove, secure and store, transport to a permitted disposal facility. DBT shall submit the HMMP to the City for approval. At a minimum, the HMMP shall include: • Project map that shall show hazardous waste removal areas, storage areas (including all fencing, gates, locks, structures etc; • Hazardous waste expected inventory including quantities and types of wastes; • Security program – how the DBT will keep hazardous materials secure from public contact; DESIGN-BUILD 57 2021 • Monitoring and inspection program; • Inventory of emergency equipment onsite; • Transportation Plan includes how the DBT plans to package and transport the hazardous wastes; • Disposal facility name and location; • Any other information that would reasonably describe DBT hazardous waste removal, storage and disposal plans. City has the sole right to reject the hazardous waste transporter and/or disposal facility from DBT’s consideration. Hazardous wastes that are generated from DBT’s activities while completing the project (i.e. equipment maintenance fluids, empty oil or solvent drums, etc. shall be the sole responsibility of the DBT who is the generator of the wastes under the Hazardous Waste Generator Regulations CCR Title 22. Wastes must be handled, recycled or disposed of in the United States. 3.24.10 ENVIRONMENTAL PURCHASING POLICY. The DBT shall comply with the City of Palo Alto’s Environmental Purchasing Policy, as amended from time to time. A copy is available at the City’s Purchasing Division. 3.24.11 ZERO WASTE REQUIREMENTS. The DBT 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 par ticular, DBT shall comply with the following zero waste requirements: • All printed materials provided by DBT 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 DBT 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/returnable pallets shall be taken back by the DBT, at no additional cost to the City, for reuse or recycling. DBT shall provide documentation fro m the facility accepting the pallets to verify that pallets are not being disposed. 3.24.12 SOUND CONTROL. .1 DBT shall comply with the City’s Noise Ordinance set forth in Chapter 9.10 of the Palo Alto Municipal Code, except as modified in the Special Provisions and technical specifications. Copies of the Noise Ordinance are available in the Purchasing Division. .2 Each internal combustion engine used for any purpose on the Site or otherwise within the City of Palo Alto shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the Project without said muffler. This requirement in no way relieves DBT from responsibility for complying with local ordinances regulating noise level. .3 The noise level requirement shall apply to all equipment on the Work or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by DBT. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. DESIGN-BUILD 58 2021 .4 Prior to starting construction, all equipment to be used on the Project shall be inspected and tested for compliance with the requirements of this Project. Sound blankets or other sound mitigation equipment approved by the Construction Manager shall be required to bring equipment into compliance with the requirements of this Project. 3.25 TEMPORARY WATER, LIGHT AND POWER Water for any purpose shall be obtained by DBT, at its expense, from City. DBT is to contact the Construction Manager for a phone number and contact person. In no case may DBT obtain water from unmetered fire hydrants. The costs of obtaining water shall be included in the prices paid for the various contract items of work included and no additional compensation will be allowed therefore, unless otherwise specified in the Contract Documents. The City imposes a penalty for taking water from an unmetered fire hydrant. The penalty shall be deducted from the payment due DBT. DBT shall purchase power from the City, at DBT’s expense. 3.26 CITY TRUCK ROUTE ORDINANCE The DBT and any Subcontractors or suppliers shall at all times comply with the requirements of the City of Palo Alto Truck Route Ordinance set forth in Chapter 10.48 of the Palo Alto Municipal Code. 3.27 UNFAIR BUSINESS PRACTICES CLAIMS DBT offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15), or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract Documents. This assignment shall be made and become effective at the time City tenders Final Payment to DBT, without further acknowledgment by the parties. DBT shall incorporate this provision in all Subcontractor contracts. 3.28 EXISTING UTILITIES 3.28.1 Prior to the start of any grinding or any excavation, the DBT shall be res ponsible for notifying Underground Services Alert (USA) 800-642-2444 at least 5 days prior to beginning underground work so that existing utilities can be marked in the field. The DBT is responsible for the location of all utilities, both public and private. DBT shall give specific address for grinding or excavation location. Each location shall be marked by the DBT in the field with white paint. 3.28.2 The DBT shall acknowledge that the marking of underground utilities is only approximate, and he shall take all necessary precautions to avoid damaging these utilities. 3.28.3 All Underground Services Alert marking shall be removed by the DBT. Any utilities damaged or altered in any way during the performance of the work under this contract shall be promptly reported to the Engineer, and shall be restored to their original condition at the DBT's expense. 3.28.4 If the DBT comes into contact with any existing utilities during his operations, he shall notify the Engineer before proceeding with the work involved. 3.28.5 Pursuant to Government Code Section 4215, if, during the performance of the Work, DBT discovers utility facilities not identified by City in the Contract Documents, DBT shall immediately provide written notice to City and the utility. City assumes responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site, if such utilities are not identified in the Contract Documents. DBT shall be compensated in accordance wit h the provisions of the Contract Documents for the costs of locating, repairing damage not due to DBT’s failure to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans or specifications with reasonable accuracy and for equipment on the Project necessarily idled during such work. DBT shall not be assessed liquidated damages for delay in completion of the Work, to the extent such delay was caused by City’s failure to provide for removal or relocation of such utility facilities. DESIGN-BUILD 59 2021 ARTICLE 4 – ADMINISTRATION OF THE CONTRACT 4.1 CONTRACT ADMINISTRATION BY CITY, DESIGN CONSULTANT AND CONSTRUCTION MANAGER 4.1.1 City and the Construction Manager will provide administration of the Construction Contract as provided in the Contract Documents. 4.1.2 No actions taken by City, Construction Manager or Design Consultant shall relieve DBT of its obligations described in the Contract Documents. 4.1.3 The Construction Manager will be present on the Site during the performance of the Work primarily for the purposes of providing administration, inspection and ex pediting communications between City, Design Consultant and DBT. 4.1.4 Neither City, Design Consultant nor Construction Manager will have control over, will be in charge of, or will be responsible for construction means, methods, techniques, safety, sequences or procedures or for safety precautions and programs in connection with the Work, all of which are the sole responsibility of DBT. 4.1.5 Unless otherwise provided in the Contract Documents or when direct communications have been specifically authorized, communications between DBT and City or Design Consultant shall be in writing through Construction Manager. Communications by DBT or Subcontractors and with Separate Contractors shall be through the Construction Manager. DBT shall not rely on oral or other non-written communications. 4.1.6 Based on the Construction Manager’s Site visits and evaluations of DBT's Applications For Payment, the Construction Manager will review and recommend to City for City approval the amounts, if any, due DBT. 4.1.7 Construction Manager will make recommendations to City to reject the Work, or any portion thereof, which does not conform to the Contract Documents. City alone shall have the authority to stop the Work or any portion thereof. Whenever City considers it necessary or advisable, City will have the authority to require additional inspection or testing of the Work in accordance with the Contract Documents, whether or not such Work is fabricated, installed or completed. However, no authority of City conferred by the Contract Documents nor any decision made in good faith either to exercise or not exercise such authority, nor any recommendation by the Construction Manager, shall give rise to a duty or responsibility of City or the Construction Manager to DBT or its Subcontractors. 4.1.8 Construction Manager’s authority includes, but is not limited to the following: .1 Conduct or direct inspections to determine suitability of the Project or portion thereof for Beneficial Occupancy. .2 Assist City in determining the dates of Substantial Completion and Final Completion; .3 Review any records, written warranties and related documents required by the Contract Documents and assembled by DBT; and .4 Make recommendations to City for issuance of Final Payment upon DBT's compliance with the requirements of the Contract Documents. DESIGN-BUILD 60 2021 4.1.9 City, with the assistance of recommendations from the Design Consultant and/or Construction Manager, shall be the ultimate interpreter of the requirements of the Contract Documents and the judge of performance thereunder by DBT. Such decisions by City will be final and binding upon DBT. 4.2 CLAIMS 4.2.1 Public Contract Code Section 9204. Public Contract Code Section 9204 (“Section 9204”) sets forth certain pre-litigation claims procedures for public works projects that City is required to include in its Contract Documents. In summary, Section 9204 requires public entities to respond to claims within 45 days, to meet and confer if requested by the contractor, to promptly pay undisputed amounts, and to mediate unresolved claims prior to litigation, absent a mutual waiver of mediation. It expressly provides for the submission of subcontractor “pass -through” claims, and allows public entities to prescribe reasonable additional change order, claim, and dispute resolution procedures and requirements, so long as the additional provisions do not conflict with or otherwise impair the timeframes and procedures set forth in Section 9204. The requirements of Section 9204 are incorporated and included in the following provisions, which also include reasonable additional procedures. 4.2.2 Scope and Authority. This Section 4.2 applies to any Claim, as defined in Section 1.1.19, above, arising from or related to the Contract or performance of the Work. It is intended to provide the exclusive procedures for submission and resolution of Claims of any amount, and applies in addition to the provisions of Public Contract Code Section 9204, and Public Contract Code Sections 20104 et seq., which are incorporated by reference herein and included in these provisions. 4.2.3 Accrual of Claim. A Claim accrues and arises upon issuance of a written decision by the City or Construction Manager denying, in whole or in part, a Change Order Request, which was previously submitted in compliance with these Contract Documents. A Claim that demands an extension of time or an increase in the Contract Sum does not accrue unless DBT has previously submitted su ch demand(s) in a Change Order Request. 4.2.4 Claims Submission Requirements and Deadlines. All Claims must be submitted in writing by registered mail or certified mail with return receipt requested. Except for Claims disputing the amount of Final Payment, all Claims and all supporting documentation and certifications, as further detailed below, must be filed within fourteen (14) Days following the date that City notified DBT in writing that a request for a change in the Contract Time or Contract Price, duly submitted in compliance with the Contract Documents, has been rejected in whole or in part; any Claim which is not submitted prior to Final Payment is deemed waived. A Claim disputing the amount of Final Payment must be submitted within fourteen (14) Days of the effective date of Final Payment. Strict compliance with these Claim submission deadlines is necessary to ensure that any dispute may be mitigated as soon as possible, and to facilitate cost -efficient administration of the Project. Any Claim that is not submitted within the specified deadlines will be deemed waived by DBT. 4.2.5 Supporting Documentation. A Claim submittal must include the following: .1 A statement that it is a Claim, clearly specifying the amount requested (with respect to Claims for payment), and/or the number of days requested (with respect to Claims for an extension of the Contract Time); .2 A detailed description of the act, error, omission, Differing Site Condition, event or other circumstance giving rise to the Claim; and DESIGN-BUILD 61 2021 .3 A statement demonstrating that a Change Order Request was submitted in a timely manner as required by Section 7.2 of these General Conditions, along with a copy of the Change Order Request and the City’s written rejection of the subject Claim. .4 All documents necessary to substantiate the Claim, including, without limitation: (i). A detailed cost breakdown in the form required for submittal of Change Order Requests, and subject to the limitations described in Article 7, below. (ii). Copies of actual job cost records demonstrating that the costs have been incurred. (iii). If the Claim is based on an error, omission, conflict or ambiguity in the Contract Documents: (i) a sworn statement by DBT and any Subcontractor involved in th e Claim, to the effect that the error, omission, conflict or ambiguity was not discovered prior to submission of the Proposal, and (ii) if not discovered, a statement demonstrating that the error, omission, conflict or ambiguity could not have been discovered by DBT, its Subcontractor(s) or in exercise of the degree of care required of them under the Contract Documents for review of the Contract Documents prior to submission of the Proposal. .5 If the Claim involves a request for adjustment of the Contract Time, written documentation demonstrating that DBT has complied with the requirements of the Contract Documents pertaining to proving the right to an extension of time and demonstrating that DBT is entitled to an extension of time under the Contract Documents. .6 A written certification signed by a responsible managing officer of DBT’s organization, who has the authority to sign subcontracts and purchase orders on behalf of DBT and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such certification, in the following form: I hereby certify under penalty of perjury under the laws of the State of California that I am a managing officer of and that I have reviewed the Claim presented herewith on DBT’s behalf and/or on behalf of and that the following statements are true and correct. (i) The facts alleged in or that form the basis for the Claim are true and accurate; and, (ii) DBT does not know of any facts or circumstances, not alleged in the Claim, that by reason of their not being alleged render any fact or statement alleged in the Claim materially misleading; and, (iii) DBT has, with respect to any request for money or damages alleged in or that forms the basis for the Claim, reviewed the job cost records (including those maintained by DBT and by any Subcontractor of any Tier, that is asserting all or any portion of the Claim) and confirmed with reasonable certainty that the Losses or damages suffered by DBT and/or such Subcontractor were in fact suffered in the amounts and for the reasons alleged in the Claim; and, DESIGN-BUILD 62 2021 (iv) DBT has, with respect to any request for extension of time or claim of Delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules (including those maintained by DBT and by any Subcontractor involved in the Claim) and confirmed on an event-by-event basis that the delays or disruption suffered by DBT and /or such Subcontractor were in fact experienced for the durations, in the manner, and with the consequent effects on the time and/or sequence of performance of the Work, as alleged in the Claim; and, (v) DBT has not received payment from City for, nor has DBT previously released City from, any portion of the Claim. (vi) DBT understands that submission of a Claim which has no basis in fact or which DBT knows to be false may violate the False Claims Act (Government Code Section 12650 et seq.). Signature: ___________________________ Name: ______________________________ Title: _______________________________ Company: ___________________________ Date: _______________________________ 4.2.6 Strict Compliance Required. No Claim may be asserted unless DBT has strictly complied with the requirements of Section 4.2 of these General Conditions, which shall be considered conditions precedent to DBT’s rights to assert the Claim and to initiate the Contract Dispute Resolution Process set forth below with respect to such Claim. 4.2.7 No Work Delay. Notwithstanding the submission of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by City, DBT shall not delay, sl ow or stop performance of the Work, but shall diligently proceed with performance in accordance with the Contract Documents and City will continue to make payments as required by the Contract Documents. 4.2.8 City Response. City shall respond in writing within forty-five (45) Days of receipt of the Claim with a written statement identifying which portion(s) of the Claim are disputed or undisputed, unless the 45 Day period is extended by mutual agreement of City and DBT or as otherwise allowed under Public Contract Code Section 9204. However, if City determines that the Claim is not adequately documented, City may first request in writing, within thirty (30) days of receipt of the Claim , additional information or documentation supporting the Claim, or relating to defenses to the Claim that City may have against the Claim, in which case City shall respond to the Claim within forty-five 45 Days after receipt of the further information or documentation. If DBT fails to submit the additional documentation to City within fifteen (15) Days of receipt of City’s request, the Claim will be deemed waived. If City Council authorization is necessary for City to respond to a Claim, City will respond within three (3) Days following the Council’s consideration of the Claim, which shall be scheduled in accordance with Section 9204. 4.2.9 Non-Waiver. Any failure by City to respond within the times specified above may not be construed as acceptance of the Claim in whole or in part, or as a waiver of any provision of these Contract Documents. DESIGN-BUILD 63 2021 4.2.10 Payment on Undisputed Portion. Any payment due on an undisputed portion of the Claim shall be paid within 60 Days after the City issues its written response. 4.2.11 Meet and Confer. If DBT disputes City’s response, or if City fails to respond within the prescribed time set forth above, DBT may so notify City and demand a meet and confer conference for settlement of the issues in dispute, in writing sent by registered mail or certified mail, return receipt requested, within fifteen (15) Days of City’s response or within fifteen (15) Days of City’s failure to respond If DBT fails to dispute City’s response within the specified time, DBT’s Claim shall be deemed waived. .1 Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within 30 days, or later if needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference. .2 Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near City’s principal office. .3 Written Statement After Meet and Confer. Within ten (10) working days after the meet and confer has concluded, City will issue a written statement identifying which portion(s) of the Claim remain in dispute, if any. .4 Submission to Mediation. If the Claim or any portion remains in dispute following the meet and confer conference, within ten (10) working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute, the disputed portion(s) will be submitted for nonbinding mediation, as set forth below. DESIGN-BUILD 64 2021 4.2.12 Mediation. Within ten (10) working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute following the meet and confer, City and Contractor will mutually agree to a mediator and mediation process, con sistent with and as provided under Public Contract Code section 9204. Mediation will be scheduled to ensure the mutual availability of the selected mediator and all of the individuals that each party requires to represent its interests. All discussions that occur during the mediation and all documents prepared solely for the purpose of the mediation shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and 1152. The parties will share the costs of mediation equally, except costs incurred by each party for its representation by legal counsel or any other consultants. 4.2.13 The Claim procedures set forth herein do not apply to the following: (i) Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency. (ii) Tort claims for personal injury or death. (iii) False claims liability under California Government Code Section 12650, et seq. (iv) Defects in the Work first discovered by City after Final Payment by City to DBT. (v) Stop notices. (vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents. 4.2.14 If the Claim is not fully resolved during the meet and confer conference or through mediation, as to those portions of the Claim which remain in dispute, DBT may commence the Contract Dispute Resolution Process set forth below by filing a Statement of Contract Dispute with the City within thirty (30) Days following the meet and confer conference if the parties have mutually waived mediation or within thirty (30) Days following the mediation result. If DBT fails to submit a Statement of Contract Dispute within the applicable thirty (30) Day period, City’s last written response will become final and binding upon DBT, and DBT shall be deemed to have waived and release any further right to pursue the Claim. 4.3 RESOLUTION OF CONTRACT DISPUTES. Contract Disputes shall be resolved by the parties in accordance with the Contract Dispute Resolution Process set forth in this Section 4.3 of the General Conditions in lieu of any and all rights under the law that either party have its rights adjudged by a trial court or jury. All Contract Disputes shall be subject to the Cont ract Dispute Resolution Process set forth in this Section 4.3, which shall be the exclusive recourse of DBT and City for such Contract Disputes. 4.3.1 Non-Contract Disputes. Contract Disputes shall not include any of the following: (i) Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency; (ii) Third party tort claims for personal injury, property damage or death relating to any Work performed by DBT or its Subcontractors or Sub-Subcontractors of any tier; (iii) False claims liability under California Government Code Section 12650, et. seq.; (iv) Defects in the Work first discovered by City after Final Payment by City to DBT; (v) Stop notices; or (vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents. DESIGN-BUILD 65 2021 4.3.2 Litigation, City Election. Matters that do not constitute Contract Disputes shall be resolved by way of an action filed in the Superior Court of the State of California, County of Santa Clara, and shall not be subject to the Contract Dispute Resolution Process. However, the City reserves the right, in its sole and absolute discretion, to treat such disputes as Contract Disputes. Upon written notice by City of its election as provided in the preceding sentence, such dispute shall be submitted by the parties and finally decided pursuant to the Contract Dispute Resolution Process in the manner as required for Contract Disputes, including, without limitation, City’s right under Paragraph 4.3.5 to defer resolution and final determination until after Final Completion of the Work . 4.3.3 Submission of Contract Dispute. .1 By DBT. DBTs may commence the Contract Dispute Resolution Process upon conclusion of the Claims process set forth in Section 4.2 above. DBT shall submit a written Statement of Contract Dispute (as set forth below) to City within thirty (30) Days after conclusion of meet and confer process or mediation, as applicable, set forth in Section 4.2. Failure by DBT to submit its Statement of Contract Dispute in a timely manner shall result in City’s decision by City on the Claim becoming final and binding. DBT’s Statement of Contract Dispute shall be signed under penalty of perjury and shall state with specificity the events or circumstances giving rise to the Contract Dispute, the dates of their occurrence and the asserted effect on the Contract Sum and the Contract Time. The Statement of Contract Dispute shall include adequate supporting data to substantiate the disputed Claim, in compliance with the Change Order Request requirements set forth herein. .2 By City. City's right to commence the Contract Dispute Resolution Process shall arise at any time following City's actual discovery of the circumstances giving rise to the Contract Dispute. City may also assert a Contract Dispute in response to a Contract Dispute asserted by DBT. A Statement of Contract Dispute submitted by City shall state the events or circumstances giving rise to the Contract Dispute, the dates of their occurrence and the damages or other relief claimed by City as a result of such events. .3 Contract Dispute Resolution Process. The parties shall utilize each of the following steps in the Contract Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in go od faith in each step in the Contract Dispute Resolution Process, and good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the process. 4.3.4 Direct Negotiations. Designated representatives of City and DBT shall meet as soon as possible (but not later than ten (10) Days after receipt of the Statement of Contract Dispute) in a good faith effort to negotiate a resolution to the Contract Dispute. Each party shall be represented in such negotiations by an authorized representative with full knowledge of the details of the Claims or defenses being asserted by such party in the negotiations, and with full authority to resolve such Contract Dispute then and there, subject only to City’s obligation to obtain administrative and/or City Council approval of any agreed settlement or resolution. If the Contract Dispute involves the assertion of a right or claim by a Subcontractor against DBT that is in turn being asserted by DBT against City (“Pass-Through Claim”), then the Subcontractor shall also have a representative attend the negotiations, with the same authority and knowledge as described above. Upon completion of the meeting, if the Contract Dispute is not resolved, the parties may either continue the negotiations or any party may declare negotiations ended. All discussions that occur during such negotiations and all documents prepared solely for the purpose of such negotiations shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and 1152. DESIGN-BUILD 66 2021 4.3.5 Deferral of Contract Disputes. Following the completion of the negotiations required by Paragraph 4.3.4, above, all unresolved Contract Disputes shall be deferred pending Final Completion of the Project, subject to City’s right, in its sole and absolute discretion, to require that the Contract Dispute Resolution Process proceed prior to Final Completion. All Contract Disputes that have been deferred until Final Completion shall be consolidated within a reasonable time after Final Completion and thereafter pursued to resolution pursuant to this Contract Dispute Resolution Process. The parties can continue informal negotiations of Contract Disputes; provided, however, that such informal negotiations shall not be alter the provision for deferring final determination and resolution of unresolved Contract Disputes until after Final Completion. 4.3.6 Mediation. If the Contract Dispute remains unresolved after negotiations pursuant to Paragraph 4.3.4 (Direct Negotiations), above, the parties may choose, by mutual agreement, to conduct further mediation, however they shall be under no obligation to do so. 4.3.7 Binding Arbitration. Any remaining Contract Dispute shall be submitted for binding arbitration. .1 Process. Any Claim submitted for binding arbitration, as set forth above, shall be determined by arbitration at the San Francisco JAMS’ offices, and administered by JAMS pursuant to its Engineering and Construction Arbitration Rules & Procedures for Expedited Arbitration. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction within Santa Clara County, and no other place. .2 Waiver of Jury Trial. DBT and City each voluntarily waives its right to a jury trial with respect to any Contract Dispute that is subject to binding arbitration in accordance with the provisions of this Paragraph 4.3. DBT shall include this provision in its contracts with its Subcontractors who provide any portion of the Work. 4.3.8 Non-Waiver. Participation in the Contract Dispute Resolution Process shall not waive, release or compromise any defense of City, including, without limitation, any defense based on the assertion that the rights or Claims of DBT that are the basis of a Contract Dispute were previously waived by DBT due to DBT’s failure to comply with the Contract Documents, including, without limitation, DBT’s failure to comply with any time periods for providing notice of requests for adjustments of the Contract Sum or Contract Time or for submission of Claims or supporting documentation of Claims. DESIGN-BUILD 67 2021 ARTICLE 5 – SUBCONTRACTORS 5.1 DBT'S AWARD OF SUBCONTRACTS 5.1.1 DBT shall comply with the Subletting and Subcontracting Fair Practices Act, Public Contract Code Sections 4100 through 4114. Nothing herein shall be deemed to entitle DBT, without the written approval of City, to substitute other Subcontractors for those named in DBT's List of Subcontractors contained in the completed Proposal; and, except with such approval, no such substitution shall be made. Should DBT violate any of the provisions of the Subletting and Subcontracting Fair Practices Act, such violation shall be deemed a violation of the Design -Build Contract, entitling City, without limitation to any other rights or remedies under the law, to suspend or terminate the Design-Build Contract. 5.1.2 Except as hereinafter provided, any increase in the cost of the Work or Contract Time resulting from the replacement or substitution of a Subcontractor, shall be borne solely by DBT and without any adjustment in Contract Sum or Contract Time. 5.1.3 Where a hearing is held pursuant to the provisions of Chapter 2, Division 5, Title 1 of the Public Contract Code (commencing with Subparagraph 4100), by the awarding authority or a duly appointed hearing officer, City’s representative shall prepare and certify a statement of all costs incurred by City for investigation and conduct of the hearing, including the costs of any hearing officer and reporter appointed. The statement shall then be sent to DBT who shall reimburse City for such costs. If not paid separately, such reimbursement may be deducted from any money due and owing to DBT. 5.2 SUBCONTRACTOR RELATIONS 5.2.1 Prior to the execution of each subcontract agreement, DBT shall make available to each proposed Subcontractor, copies of the Contract Documents. DBT must incorporate the terms of these Contract Documents into each subcontract, so that each Subcontractor will be bound by the terms of th ese Contract Documents, including, but not limited to, the provisions for dispute resolution. Within thirty (30) Days of the Notice To Proceed, DBT shall provide City with a complete listing of all Subcontractors, which shall include, but not be limited to, the Work contracted for, Subcontractor’s name, address, telephone and facsimile numbers, form for doing business (i.e, sole proprietor, corporation, partnership), point -of-contact and Subcontractor’s license classification and number. 5.2.2 Any part of the Work performed for DBT by a first Tier Subcontractor shall be pursuant to a written subcontract. Each such subcontract shall require that the Subcontractor: (i) Perform the Work in accordance with the terms of the Contract Documents. (ii) Assume toward DBT all the obligations and responsibilities which DBT assumes towards City by the Contract Documents. (iii) Preserve and protect the rights of City under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. (iv) Waive all rights that the Subcontractor may have against City for damages caused by fire or other perils covered by builder's risk property insurance carried by DBT or City, except for such rights Subcontractor may have to the proceeds of such insurance held by City under Article 11 of these General Conditions. DESIGN-BUILD 68 2021 (v) Afford City and entities and agencies designated by City the same rights and remedies with respect to access to and the right to audit and the right to copy at City's cost all of the Subcontractor's books, records, contracts, correspondence, instructions, drawings, receipts, vouchers, purchase orders and memoranda relating to the Work and requiring the Subcontractor to preserve all such records and other items for a period of at least three (3) years after Final Completion. (vi) Recognize the rights of City under Section 5.3 of the General Conditions, Contingent Assignment of Subcontracts, including, without limitation, City’s right to elect to accept assignment of the subcontract and to retain Subcontractor pursuant to the terms of the subcontract, to complete the unperformed obligations under the subcontract and, if requested by City, to execute a written agreement on terms acceptable to City confirming that the Subcontractor is bound to City under the same terms as the subcontract. (vii) Submit Applications for payment, requests for Change Orders and extensions of time and Claims, and to comply with all other notice and submission requirements of the Contract Documents, sufficiently in advance to allow DBT time to comply with its obligations under the Contract Documents. (viii) Purchase and maintain insurance in accordance with the requirements of the Contract Documents and reserving the right to City to purchase, in its sole discretion, such insurance pursuant to a City Controlled Insurance or other form of wrap-up program. (ix) Provide the same defense indemnification of the City as is required of the DBT. (x) Agree to participate in the dispute resolution procedures specified in the Construction Contract, at the election of City. 5.2.3 DBT shall promptly, after execution, furnish to City true, complete, and executed copies of all subcontracts, and any change orders and modifications thereto. Progress payments shall not be made for items of Work for which City has not received executed subcontracts and, if applicable, Change Orders. 5.2.4 Nothing contained in the Contract Documents shall create any co ntractual relationship between any Subcontractor and City, except when, and only to the extent that, City elects to accept the assignment of the subcontract with such Subcontractor pursuant to Section 5.3, Contingent Assignment of Subcontracts. Notwithstanding the foregoing, City is deemed a third party beneficiary of each subcontract agreement. 5.2.5 City and the Construction Manager shall have the right to communicate with DBT’s Subcontractors with respect to matters that are related to DBT’s perfor mance of its obligations under the Contract Documents. DBT shall be provided with a copy of all such written communications. Such communications shall not create or be interpreted as creating any contractual relationship between City or the Construction Manager and any such Subcontractor. DESIGN-BUILD 69 2021 5.3 CONTINGENT ASSIGNMENT OF SUBCONTRACTS In the event of any suspension or termination of the Design-Build Contract, DBT is hereby deemed to have offered to assign to City all its interest in contracts with Subcontractors now or hereafter entered into by DBT for performance of any part of the Work. The assignment will be effective upon acceptance by City in writing and only as to those contracts which City designates in writing. City may accept, at its sole election, said assignment at any time during the course of the Work and prior to Final Completion in the event of a suspension or termination of DBT's rights under the Contract Documents. Such assignment is pa rt of the consideration to City for entering into the Contract with DBT and may not be withdrawn prior to Final Completion. 5.4 DBT AND SUBCONTRACTOR RESPONSIBILITY DBT shall be responsible to City for acts and omissions of DBT's agents, employees, and o f DBT’s Subcontractors, and their respective agents and employees. Unless otherwise stated in or a contrary intention is reasonably inferable from the Contract Documents, references to DBT, when used in reference to an obligation bearing upon performance of the Work, shall be deemed to include DBT’s Subcontractors. ARTICLE 6 – CONSTRUCTION BY CITY OR BY SEPARATE CONTRACTORS 6.1 CITY'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 City reserves the right to award separate contracts for, or to perform with its own forces, construction or operations related to the Work or other construction or operations at or affecting the Site, including portions of the Work which have been deleted by modification. DBT shall cooperate with City's forces and Separate Contractors. 6.1.2 City shall provide coordination of the activities of City forces and of each Separate Contractor with the Work of DBT. DBT shall participate with City and Separate Contractors in joint review of construction schedules and Project requirements when directed to do so. DBT shall make necessary revisions to the Construction Schedule after such joint review. 6.1.3 Without limitation upon any of the rights or remedies of City under the Contract Documents or under law arising from a default by DBT, in the event that DBT fails to have personnel on Sit e to supervise the Work, City shall have the right, in its sole discretion, but not the responsibility, upon twenty - four (24) hours’ telephonic notice to DBT, to provide such supervision on a temporary basis. DBT shall, notwithstanding City’s providing such temporary supervision, remain solely responsible for all actions of its personnel and Subcontractors and shall defend and indemnify City in accordance with the Design -Build Contract against any Losses arising therefrom. City shall have the right, in its discretion, to deduct from the sums owing to DBT the reasonable cost of such temporary supervision. 6.2 MUTUAL RESPONSIBILITY 6.2.1 DBT shall be responsible for affording Separate Contractors reasonable oppo rtunity for introduction and storage of their materials and equipment and performance of their activities. DBT shall schedule and coordinate its Design-Build Services with the construction and operations of Separate Contractors as required by the Contract Documents. DESIGN-BUILD 70 2021 6.2.2 If a portion of the Work is dependent upon the proper execution or results of other construction or operations by Separate Contractors, DBT shall inspect such other construction or operations before proceeding with its portion of the Work. DBT shall promptly report to City apparent discrepancies or defects which render the other construction or operations unsuitable to receive the DBT’s Work. Unless otherwise directed by City, DBT shall not proceed with the portion of the Work affected until apparent discrepancies or defects have been corrected. Failure of DBT to so report within a reasonable time after discovering such discrepancies or defects shall constitute an acknowledgment that the other construction or operations by City or Separate Contractors is suitable to receive the Work, except as to defects not then reasonably discoverable. 6.2.3 In the event of Delays, improperly timed activities or Defective Work by the DBT or the Separate Contractors, the costs of such occurrences shall be borne by the party responsible therefor. 6.2.4 If DBT wrongfully causes damage to completed or partially completed construction or to property of City or Separate Contractors, DBT shall promptly remedy damage as provided in Paragraph 12.2 of these General Conditions. 6.2.5 If a dispute, or other matters in question arise between DBT and a Separate Contractor, these occurrences shall be subject to the provisions of Section 4.2 and 4.3 of the General Conditions. DBT shall immediately notify the Construction Manager in writing of such occurrences. 6.3 CITY’S RIGHT TO CLEAN UP If a dispute arises between DBT and Separate Contractors as to the responsibility under their respective contracts for maintaining the Site and surrounding areas free from waste materials and rubbish, City may clean up and allocate the cost between those firms it deems, in its sole discretion, to be responsible. ARTICLE 7 – CHANGES 7.1 CHANGES 7.1.1 City may, at any time and without notice to DBT’s sureties, order Changes in the Work without invalidating the Design-Build Contract and without relieving DBT’s sureties of their obligations to City. 7.1.2 City shall receive a deductive adjustment in the Contract Sum for Changes that result in a reduction in the cost to perform the Work and shall be entitled to an adjustment reducing the Contract Time for Changes that enable the DBT to complete the Work earlier than the Contract Time. 7.1.3 Unless such rights have been waived and provided that DBT has complied with the requirements of the Contract Documents with respect to, without limitation, complete and timely submission of all notices, requests and supporting documentation, DBT shall receive an additive adjustment to the Contract Sum for Changes that increase the cost to perform the Work and/or an adjustment extending the Contract Time for Excusable Delay (subject to offset for concurrent Unexcused Delay). DESIGN-BUILD 71 2021 7.1.4 DBT shall not be entitled to an adjustment of the Contract Sum or Contract Time for Changes that are not authorized by an Approved Change Order or Field Order signed by City or Construction Manager. All Changes in the Work that are the basis of an adjustment to the Contract Sum or Contract Time must be authorized in advance, in writing, by City or Construction Manager. Accordingly, no verbal directions, course of conduct between the parties or express or implied Acceptance of Changes or Work, and no claim that the City has been unjustly enriched (whether or not there has been such enrichment) shall be the basis for an adjustment to the Contract Sum or Contract Time if DBT has not obtained advance written authorization to perform the Change in the manner required herein. 7.1.5 City or the Construction Manager may authorize and direct Changes by requesting that DBT submit a Change Order Request or by issuing a Field Order. A Field Order may be issued to direct performance of Work under the following circumstances: .1 When there is a dispute as to whether or not the Work described therein constitutes or includes a Change or Extra Work, .2 When there is a dispute regarding the basis or amount of compensation for Changed or Extra Work, .3 When there is a dispute regarding whether or how the Contract Time should be adjusted, or .4 As otherwise deemed necessary by City to ensure the timely performance of the Work and timely completion of the Project. The purpose of a Field Order is to ensure the timely performance of the Work and timely completion of the Project, and issuance of a Field Order shall not be construed as an acknowledgment by City that the Work described constitutes a Change or Extra Work if that is in fact not the case. 7.1.6 City can make whatever Changes that it determines in its sole discretion are necessary and in its best interests and under no circumstances shall the number (individual or cumulative value) or scope of Changes become a basis for DBT to claim that the Design -Build Contract has been rescinded, terminated, abandoned or should be reformed nor shall such circumstances be the basis for DBT, or any Subcontractor to recover any compensation or damages not permitted by, or in excess of that allowed under, the Contract Documents. 7.1.7 City shall have authority to order minor Changes in the Work that do not increase the cost or time to perform the Work, and which are consistent with the intent of the Contract Documents. Such changes may be directed by a Field Order, and shall be binding on City and DBT. DBT shall carry out such written orders promptly. DESIGN-BUILD 72 2021 7.2 CHANGE ORDER REQUESTS AND CHANGE ORDERS 7.2.1 DBT may request adjustments to the Contract Sum or Contract Time or the terms of a Field Order by submitting a written Change Order Request if, and only if, DBT follows the procedures specified in the Contract Documents, including, without limitation, the procedures set forth in this Section 7.2. A Change Order Request must be submitted within ten (10) Days after the occurrence of the circumstances giving rise thereto. At the City’s election, the DBT shall submit all Change Order requests on a form prepared by the City. The Change Order Request must clearly describe the circumstances that are the basis of the Change, with reference, to the particular provisions of the Contract Documents involved, and also to all other directly relevant documents, including, but not limited to, related Requests for Information and r esponses thereto, and Field Orders. A Change Order Request seeking an adjustment to the Contract Sum must identify the proposed basis of compensation, the amount of the requested adjustment, and a detailed breakdown of the amount requested. A Change Order Request seeking an adjustment to the Contract Time must include all information required by the Contract Documents, including, but not limited to strict compliance with Section 8.5 of the General Conditions pertaining to requests for extension of Contrac t Time. A request for an extension of Contract Time must be accompanied by a "Fragnet" or “time impact analysis," which identifies all critical and non-critical activities affected by the Change Order Request and showing logic ties into all existing affected activities noted on the latest approved, updated Construction Schedule. Change Order Requests must be submitted to the Construction Manager. Incomplete Change Order Requests or requests that are not submitted on the City’s Change Order Request Form will be returned without review. 7.2.2 Adjustments to the Contract Sum, whether increases or decreases, shall be computed at City's sole election on the basis of one or more of the following methods: .1 Unit Pricing: Unit prices stated in the Contract Documents or agreed upon by City and DBT, which shall be deemed to include all Allowable Costs, Contractor Markup and Subcontractor Markup. .2 Lump Sum Pricing: A lump sum agreed upon by City and DBT, based on the estimated Allowable Costs, Contractor Markup, and Subcontractor Markup computed in accordance with this Section. .3 Time and Materials: Work performed on a time and materials basis shall be calculated as the sum of Allowable Costs, plus applicab le Contractor Markup, as set forth herein. The above methods are the exclusive methods for calculating adjustments to the Contract Sum. Under no circumstances will adjustment to the Contract Sum be based upon any methodology such as total cost or modified total cost methodologies that purports to calculate DBT’s additional costs based on the difference between DBT’s total actual Project or line item costs and its original Proposal estimate for the Project or any original Proposal estimate line item. DESIGN-BUILD 73 2021 7.2.3 Changes involving Extra Work that City elects to have performed on a time and material basis, whether performed by DBT's forces or the forces of Subcontractors, shall be compensated by an increase in the Contract Sum based on actual Allowable Costs and applicable Markup, as set forth herein. When Work is performed on a time and material basis, by DBT or any of its Subcontractors, DBT shall submit on a daily basis to the Construction Manager daily time and material tickets which include the identificatio n number assigned to the Change; the location and description of the Change; the classification of labor employed (and names and social security numbers if requested); the materials used; the equipment rented (not tools); and such other receipts, invoices, or other evidence of cost as the Construction Manager may require. The Construction Manager may require authentication of all time and material tickets and invoices by persons designated by the Construction Manager for such purpose. The failure of DBT to provide any required authentication shall, if City elects to treat it as such, constitute a waiver by DBT of any right to adjustment of the Contract Sum for the cost of all or that portion of the Extra Work covered by a non - authenticated ticket or subsequent invoice. The adjustment to the Contract Sum for the Extra Work will be based on the total sum of Allowable Costs for performance of that Extra Work and applicable Markup as provided herein. 7.2.4 Allowable Costs include and are limited to the sum of direct, actual costs necessarily incurred by DBT and any Subcontractors that actually perform Extra Work, and are strictly limited to the following: .1 Labor. The actual costs for straight-time (and the premium time portion of overtime, if approved in writing in advance by City or the Construction Manager) wages or salaries for employees performing the Extra Work, whether at the Site, or at fabrication sites off the Site, plus employer payments collectively referred to as "Fringe Benefits and Payroll Taxes," of payroll, taxes and insurance, health and welfare pension, vacation, apprenticeship funds, and other direct costs required by Federal, State or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of employees with a labor classification, which would increase the Allowable Costs will not be permitted unless DBT establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be payable under this Par agraph only when such costs are not included in the invoice for equipment rental. .2 Material. The actual cost of materials, supplies and consumable items which are required for the Work at invoice or lowest current price at which such materials are locally available and delivered to the Site in the quantities involved, including sales tax, freight and delivery. City reserves the right to approve materials and sources of supply, or to supply materials to DBT, if necessary, for the Work. No Markup shall be applied to any material provided by City. Material re-stocking charges shall be limited to 5% of the amount of material. All discounts, rebates and refunds from the sale of surplus materials and consumable items shall accrue to City, and DBT shall make provision so that they may be obtained. .3 Tool and Equipment Rental. Rental charges actually incurred for necessary machinery and equipment, whether owned or hired, as authorized in writing by City or the Construction Manager, exclusive of hand tools. No payment will be made for the use of tools that have a replacement value of $500 or less. When the equipment is owned by DBT, the rental rate shall be as listed for such equipment in the California Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates," which is in effect on the date the Work is accomplished. When equipment is not listed in said publication, the rate to be paid shall be as herein defined, or a suitable rental rate for such equipment will be established by the Construction Manager. Regardless of ownership, the rates to be used in determining equipment rental cost shall not exceed listed rates prevailing locally at equipment rental agencies or distributors at the time the work is performed. The ren tal rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance and DESIGN-BUILD 74 2021 all incidentals. If equipment is used intermittently, when not in use it shall be returned to its rental source unless DBT elects to keep it at the Site at no expense to City. The reported rental time for equipment already at the Site shall be the duration of its use on the Extra Work, commencing at the time it is first put into actual operation on the Extra Work, plus the time required to move it from its previous site and back, or to a closer site. .4 Royalties and Permits. Costs of royalties and permits solely related to the Extra or Deleted Work. .5 Insurance and Bonds. Additional costs of insurance and bonds, not to exceed two percent (2%) of the total of Parts .1 through .4, above. 7.2.5 Allowable Costs shall not include any of the following, which are deemed to be included in DBT's Markup: (i) Superintendent(s) (ii) Assistant Superintendent (s) (iii) Project Engineer(s), Assistant Project Engineer(s). (iv) Project Manager(s), Assistant Project Manager(s). (v) Scheduler(s), Administrative Assistant(s), Health and Safety personnel. (vi) Estimator(s), Clerk(s), Secretary(s), Accountant(s) or any Home Office personnel. (vii) Drafting or detailing. (viii) Small tools (with a replacement value under $500). (ix) Home or field office expenses, including staff, materials, and supplies. (x) Trailer or storage rental and expense, whether on the Site or off the Site. (xi) Data processing personnel and equipment. (xii) Site fencing. (xiii) Utilities, including, without limitation, gas, electric, sewer, water, telephones. (xiv) Telephone, cell phone, radios, computer, tablet devices, facsimile, e-mail and copier. (xv) Overhead, administrative, or general expenses of any kind. (xvi) Loss of efficiency or productivity, or other impact cost due to the effect of the Extra Work on the performance of other Work or the Work of other trades on the Project. (xvii) Capital expenses, including interest on capital employed in connection with Extra Work. (xviii) Legal costs. (xix) Federal, State, or local income and franchise taxes. DESIGN-BUILD 75 2021 (xx) Profit. (xxi) Costs incurred more than twenty (20) Days prior to submission of a Change Order Request seeking compensation for those costs. (xxii) Cost of any item not specifically and expressly included in Allowable Costs. 7.2.6 Contractor Markup for Extra Work is to be calculated as ten percent (10%) of the Allowable Costs the DBT or Subcontractor actually incurred to perform the Extra Work with its own forces. Subcontractor Markup by DBT for Extra Work performed by Subcontractor is to be calculated as fifteen percent (15%) of the total Allowable Costs the Subcontractor incurred for Extra Work. The total amount of markup for Extra Work may not exceed twenty-five percent (25%) of the total Allowable Costs. 7.2.7 Change Order Requests or requests for payment for time and material work directed by a Field Order must include a complete breakdown of actual costs, including credits, and shall itemize all Allowable Costs, subcontract costs if applicable, Contractor Markup, and Subcontractor Markup if applicable. All claimed costs must be fully documented and objectively verifiable. In connection with the foregoing, DBT must generate and maintain complete and accurate cost accounting recor ds that will reflect: .1 The actual Allowable Costs incurred or saved for each individual item of Extra Work or Deleted Work, and .2 On an event-by-event basis, the effect of each Delay that forms the basis of any request for extension of time, regardless of scope, number, complexity, cumulative effect or time of issuance or occurrence. 7.2.8 The Contract Sum will be adjusted for direct Allowable Costs incurred due to Excusable Delay only if and to the extent allowed by the Contract for Compensable Del ay. Such adjustments in the Contract Sum shall be DBT’s sole and exclusive remedy and recovery for Excusable Delay, including any alleged disruption, hindrance, interference, loss of productivity, labor or material cost escalations, inefficiency, acceleration, impact costs, extended or extraordinary overhead (direct or indirect), home office overhead, or other Losses or damages due to Delay, of any kind. 7.2.9 City has the right to increase or decrease the quantity of any unit price item for which an estimated quantity is stated in the Contract Documents, and the Contract Sum will be adjusted accordingly. 7.2.10 Allowance Adjustments: An Allowance is an amount included in the Proposal for Work that may or may not be included in the Project, depending on conditions that will not become known until after Proposal time. If the Contract Sum includes an Allowance and the cost of performing the Work covered by that Allowance is greater or less than the stated amount, the Contract Sum shall be incr eased or decreased accordingly by the amount of the difference. The Contract Sum shall also be adjusted by the amount of any unused Allowance that was specifically and expressly included in the original Contract Sum. DESIGN-BUILD 76 2021 7.2.11 Change Orders: Approved Change Order Requests and Changes directed by a Field Order, including adjustments to Contract Sum and Contract Price, shall be incorporated into a Change Order for approval by the City. City shall prepare each Change Order for execution by DBT and the City. Change Orders shall be in substantially the same form as Attachment B to the General Conditions. An Approved Change Order becomes binding upon City and DBT when fully executed by both parties. Full execution of a Change Order is deemed full resolution, settlement, accord and satisfaction with respect to any and all pending or future Claims for cost and extensions of time that were asserted, or that could have been asserted, in connection with the Work covered by the Change Order, whether known or u nknown at the time of execution of the Change Order, and that are related to the subject matter of the Change Order, including, without limitation, all Claims, costs or damages for Delay, disruption, hindrance, interference, extended or extraordinary direct and indirect overhead, multiplicity of Changes, loss of productivity, labor or material cost escalations, inefficiency, the impact of the Change on the Work, legal expenses, consultant costs, interest, lost profits or revenue, bond or insurance costs, cu rrency fluctuations, changes in taxes or other related Claims, costs or damages. Change Orders shall be executed by DBT in the form approved by the City Council or its authorized designee, and without any express reservation of rights by DBT to reserve for the future the right to assert or recover from City any such Claims, costs or damages. 7.2.12 If DBT fails to timely execute a Change Order, the City may unilaterally approve the Change Order to increase the Contract Sum and/or to extend the Contract T ime. DBT may dispute the terms of a unilaterally-approved Change Order, in whole or in part, by submitting a Claim in accordance with the Dispute Resolution Procedures set forth herein within fourteen (14) days after the Change Order is approved by the City. If DBT fails to submit a Claim within that 14-day period, with respect to all or part of the unilaterally-approved Change Order, those portions of the Change Order which have not been disputed by timely submission of a Claim shall be deemed to have the same effect as if the Change Order was fully executed by both parties as set forth above. 7.3 FIELD ORDERS A Field Order will include a description of the Work to be performed, and the selected basis for adjusting the Contract Sum (increase or decrease) as set forth herein (i.e., unit pricing if applicable, lump sum, or time and materials). A Field Order may or may not include the total amount of the City’s proposed adjustment to the Contract Sum or Contract Time, and may also include a not-to-exceed limit for any increases to the Contract Sum. Upon receipt of a Field Order, DBT shall, within a reasonable time, proceed with the Work described in the Field Order. If DBT disputes the proposed basis or amount of adju stment to the Contract Sum or Contract Time, it may request to change the disputed portions of the Field Order by submitting a Change Order Request within ten (10) Days following issuance of the disputed Field Order. Failure by DBT to submit a timely Change Order Request seeking modification of the terms of the Field Order shall be deemed full acceptance of and agreement to all of the terms of the Field Order, and a release and waiver of any right to subsequently dispute any or all of the terms of that Field Order. Field Orders shall be in substantially the same form as Attachment A to the General Conditions. DESIGN-BUILD 77 2021 7.4 DISPUTES REGARDING CHANGES No dispute, disagreement, nor failure of the parties to reach agreement regarding the amount, if any, of any adjustment to the Contract Sum or Contract Time, shall relieve DBT from the obligation to proceed with performance of the Design-Build Services, including, without limitation, performance of Work directed by a Field Order or as modified by a Change Order, promptly and expeditiously. DBT shall not delay, slow, interrupt, or suspend the performance of any Design -Build Services or any Change because of a dispute between the parties, including, but not limited to, dispu tes pertaining to an adjustment in the Contract Sum or Contract Time. If DBT disputes the rejection of any Change Order Request in whole or in part, DBT’s exclusive remedy is to submit a Claim in compliance with the Dispute Resolution Procedures set forth in Article 4 herein. ARTICLE 8 – CONTRACT TIME 8.1 COMMENCEMENT OF THE WORK Commencement of the Design-Build Services shall begin on the date specified in the Notice to Proceed. 8.2 PROGRESS AND COMPLETION 8.2.1 DBT agrees that the Contract Time is reasonable for performing the Design-Build Services and that DBT is able to perform the Work within the Contract Time. .1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided however, that the difference shall be deemed as float and nothing in this Paragraph or in any other provision of the Contract Documents shall be construed as creating any contractual right, express or implied, on the part of DBT to finish the Project earlier than the Contract Time and under no circumstances shall City be liable to DBT for any costs, damages or compensation due to the inability of DBT to complete the Design- Build Services earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of City. .2 DBT has included in its Proposal price the costs of all DBT and Subcontractor overhead (direct and indirect) for the entire duration of the Contract Time. The above costs are included in DBT’s Proposal notwithstanding DBT's anticipation of completion in fewer days than established by the Contract Time. .3 No increase in the Contract Sum shall be made or granted for Delay if DBT completes the Design-Build Services before expiration of the Contract Time. .4 No reduction in the Contract Sum shall be made nor will DBT be required to remain on the Project Site if the Design-Build Services is completed before expiration of the Contract Time. .5 The Construction Manager will schedule and hold weekly progress meetings and other meetings to be required by progress of the Work as determined by the Construction Manager. DBT and/or DBT's designee shall be present at each meeting. DBT may also be required to request attendance by representatives of DBT’s suppliers, manufacturers and Subcontractors. DESIGN-BUILD 78 2021 8.2.2 Except by agreement or instruction of City in writing, DBT shall not commence operations on the Site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by DBT. DBT’s obligations to commence the Design-Build Services and to complete the Design-Build Services within the Contract Time shall not be changed by the effective date of such insurance. 8.2.3 DBT shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. If City determines and notifies DBT that DBT’s progress is such that DBT will not complete the Design-Build Services within the Contract Time, DBT shall, immediately and at no additional cost to City, take all measures necessary, including working such overtime and additional shifts (other than City’s normal working hours of 8:00 AM to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 PM on Saturday), to ensure that the Work is Substantially Completed within the Contract Time. Upon receipt of such notice from City, DBT shall immediately respond in writing setting forth a detailed plan for accelerating the Work in a manner acceptable to City. DBT shall not be entitled to any reimbursement or payment of costs, expenses or damages incurred as a result of an acceleration of the Work. City may also take all necessary measures to prevent the need for subsequent accelerations of the Work. DBT shall reimburse City, or City may withhold from payment due to DBT, sums expended by City to perform such measures. 8.2.4. During unfavorable weather, wet ground or other unsuitable construction conditions, DBT shall confine the operations to Work that will not be affected adversely by such conditions. No portion of the Work shall be constructed under conditions which would affect adversely the quality thereof or be detrimental to the quality of water discharges, unless special means or precautions are taken by DBT to perform the Work in a proper and satisfactory manner. 8.3 CONSTRUCTION HOURS Work shall be performed during the hours of 8:00 AM to 6:00 PM Monday through Friday and 9:00 AM to 6:00 PM on Saturday, unless otherwise specified in the Special Provisions or approved in writing by the City Engineer. Construction is prohibited on Sundays and holidays defined in Section 8.4 below. 8.4 HOLIDAYS No work may be performed on the City holidays identified: January 1 (New Year’s Day) Third Monday in January (Martin Luther King Day) Third Monday in February (Washington’s Birthday) Last Monday in May (Memorial Day) July 4 (Independence Day) First Monday in September (Labor Day) Second Monday in October (Columbus Day) November 11 (Veteran’s Day) Fourth Thursday in November (Thanksgiving Day) Day after Thanksgiving December 25 (Christmas Day) In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday. In the event that any of the above days falls on a Saturday, then the preceding Friday shall be considered a holiday. DESIGN-BUILD 79 2021 8.5 DELAY 8.5.1 DBT may request an extension of the Contract Time for an Excusable Delay or a Compensable Delay, subject to the following: .1 In order to avoid double counting concurrent Delays, if an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the Contract Time shall be the number of days from the commencement of the first Delay to the cessation of the Delay which ends last. .2 If an Unexcused Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract Time shall be the number of Days, if any, by which the Excusable Delay or the Compensable Delay exceeds the Unexcused Delay. .3 If an Unexcused Delay occurs concurrently with both an Excusable Delay and a Compensable Delay, the maximum extension of the Contract Time shall be the number of Days, if any, by which the number of Days of Excusable Delay, as determined pursuant these General Conditions, exceeds the number of Days of the Unexcused Delay. 8.5.2 As a condition precedent to DBT's right to an extension of Time adjusting the Contract Time and the Contract Sum for Compensable Delay, DBT must provide written notice to City within ten (10) Days of the date that DBT learned of the D elay or should have learned of the Delay in exercise of diligence and reasonable care, setting forth: (i) A description of the Delay; (ii) A statement that the Delay is critical to completion; and (iii) The probable effect of the Delay in terms of the number of Days' extension DBT believes are required to the Contract Time. The written notice required by this Paragraph is necessary for City to adequately monitor the progress of the Design-build Services, to differentiate between critical and non-critical Delays, and to prioritize its actions in a manner that is appropriately targeted to mitigate the effect of Delays. Accordingly, DBT’s failure to provide written notice in the manner required by this Paragraph 8.5.2 shall constitute DBT’s waiver of the right to an adjustment of the Contract Sum and Contract Time on account thereby, regardless of whether the circumstances of the Delay may have been known or suspected by City or the Construction Manager and that no other form of notice (including, without limitation, meeting minutes, log entries or schedule updates) shall suffice as constituting notice to City in accordance with this Paragraph 8.5.2. 8.5.3 Adequate supporting data for a request for extension of time shall include both of the following: (i) All relevant scheduling data including a Fragnet, and (ii) A detailed, event-by-event description of the impact of each event on completion of Work. Documentary support for any related increase in the Contract Sum must include both of the following: (a) A detailed cost breakdown, and (b) Supporting cost data in such form and including such information and other supporting data as required for submission of Change Order Requests. DESIGN-BUILD 80 2021 8.5.4 City may order Changes, whether or not resulting in Extra Work and regardless of the extent and number of Changes, or may suspend the Design-Build Services. 8.5.5 The determination of whether a Delay is an Excusable Delay, Compensable Delay or Unexcused Delay shall not be affected by the fact that any earlier Delay occurred, regardless of fault or causation. 8.5.6 All time limits stated in the Contract Documents are of the essence. 8.5.7 Excusable Delay means any Delay to the path of activities that is critical to Substantial Completion of the Work within the Contract Time caused by conditions beyond the control or foreseeability, and without the fault or negligence of DBT or its Subcontractors, such as, but not limited to: war, embargoes, fire, unavoidable casualties, unusual delays in transportati on, national emergency, and stormy and inclement weather conditions that are unusual and unseasonable and in which the Work cannot continue. Without limitation to the foregoing, the financial inability of DBT or any Subcontractor, shall not be deemed conditions beyond DBT's control or foreseeability. DBT may claim an Excusable Delay only if all Work on a critically scheduled activity is stopped for more than six (6) hours of a normal eight (8) hour work day, or if three to six hours are lost in one work day, then it may be claimed for one-half day. 8.5.7.1 Excusable Delay does not include Delay caused by weather conditions which are normal for the location of the Project, as determined by weather records for the preceding five (5) year period. 8.5.7.2 Excusable Delay does not include Delay caused by DBT’s failure to order equipment and materials sufficiently in advance of the time needed for the Work. 8.5.7.3 Excusable Delay does not include Delay caused by DBT’s failure to provide adequate notification to utility companies for connections or services necessary for the timely performance and completion of the Work. 8.5.7.4 Excusable Delay does not include Delay caused by foreseeable conditions DBT could have ascertained from reasonably diligent inspection of the Site and/or review of the Contract Documents. 8.5.8 Compensable Delay means any Excusable Delay to the path of activities that is critical to DBT’s Substantial Completion of the Work within the Contract Time, which Delay is all of the following: (i) Solely due to acts or omissions within the City’s control, including but not limited to Changes requested by City that involve Extra Work; DESIGN-BUILD 81 2021 (ii) Not due, in whole or in part, to the fault or negligence or breach of DBT or any Subcontractor; and (iii) Not concurrent with another Excusable Delay or any Unexcused Delay. 8.5.9 Compensation for delay shall be limited to actual, direct, reasonable, and substantiated Project costs, and shall not include home office overhead, or markup for overhe ad and profit. ARTICLE 9 – PAYMENTS AND COMPLETION 9.1 SCHEDULE OF VALUES Within thirty (30) Days after signing the Contract, but in any event not later than fourteen (14) Days following receipt of the Notice to Proceed, DBT shall submit to City through the Construction Manager a Schedule of Values reflecting cost breakdown of the Contract Sum in a form approved by the Construction Manager. The Sch edule of Values shall itemize as separate line items the cost of each scheduled Design Services and Construction Services activity and all other costs, including warranties, Record Documents, insurance, bonds, overhead and profit, the total of which shall equal the Contract Sum and shall be made out in a form approved by the Construction Manager. The Schedule of Values, when approved by City, shall become the basis for determining the cost of Design -Build Services requested on DBT's Applications For Payment. DBT shall submit a statement based upon this breakdown, and if required, itemized in such form and supported by such evidence as the Construction Manager may direct, showing DBT's right to the payment claimed. 9.2 PROGRESS PAYMENT 9.2.1 City shall retain five percent (5%) of the undisputed amount due on each progress payment, or the percentage stated in the Request for Proposals, whichever is greater, as retention to ensure full and complete performance of the Design-Build Services. Subject to City’s right of withholding under Paragraph 9.4.2 of these General Conditions, City agrees to pay to DBT within thirty (30) Days of receipt of a properly submitted Application for Payment an amount equal to ninety -five percent (95%), or a lesser amount if corresponding to a higher retention percentage, if applicable, of the sum of the following, excepting therefrom any amounts which are disputed by City: (i) Construction Manager’s determination of the value, expressed as a percentage of the Contract Sum, of the Work in permanent place that has been tested and accepted as of the end of the preceding month. (ii) Construction Manager’s determination of the value of materials suitably stored but not yet incorporated into the Work, subject to Paragraph 9.3.6 of these General Conditions. (iii) Less amounts previously paid. 9.2.2 At any Time after fifty percent (50%) of the Construction Services has been determined by Construction Manager to be completed, City may in its sole discretion, make any of the remaining progress payments in accordance with the calculation in Paragraph 9.2.1 of these General Conditions based on one hundred percent (100%) of City’s determination of the value of the Work in place and of stored mate rials not yet incorporated into the Work. 9.2.3 Progress payments shall not be construed as City's Acceptance of any or all of the Design - Build Services and shall not be a waiver of any or all rights City has under the Contract Documents. DESIGN-BUILD 82 2021 9.3 APPLICATION FOR PAYMENT 9.3.1 At the end of each month, DBT shall submit to City an itemized Application for Payment, requesting payment for Design-Build Services as of the end of that month that is calculated in accordance with the formula for payment set forth in Paragraph 9.2.1 of these General Conditions. The Application for Payment shall be prepared: (i) Utilizing the format as designated by City or the Construction Manager. (ii) Itemized in accordance with the Approved Schedule of Values. (iii) Showing the results of a successful system test (for example a pressure test for gas project) of the system installed or completed in the pay period covering the Application for Payment. (iv) Including such data substantiating DBT's right to payment as City may reasonably require, such as invoices, payrolls, daily time and material records, and, if securities are deposited in lieu of retention pursuant to Section 9.5, a certification of the market value of all such securities as of a date not earlier than five (5) Days prior to the date of the Application for Payment. (v) Showing itemized amounts for Change Orders, Modifications and retention. 9.3.2 Applications for Payment shall not include requests for payment on account of increases to the Contract Sum which have not been authorized by Change Orders or amounts DBT does not intend to pay a Subcontractor because of a dispute or other reason. 9.3.3 If required by City, an Application for Payment shall be accompanied by all of the following: (i) A summary showing payments that DBT will make to Design Professionals or Subcontractors covered by such application. (ii) Conditional waivers and releases of claims and stop notices from DBT and each Subcontractor and Sub-subcontractor, of every Tier, listed in the current Application for Payment covering sums requested in the current Application for Payment. (iii) Unconditional waivers and releases of claims and stop notices, from DBT and each Subcontractor and Sub-subcontractor, of every Tier, listed in the preceding Application for Payment covering sums disbursed pursuant to that preceding Application for Payment. 9.3.4 DBT warrants that, upon submittal of an Application for Payment, all Design-Build Services for which Certificates for Payment have been previously issued and payment has been received from City, shall be free and clear of all claims, stop notices, security interests and encumbrances in favor of DBT or Subcontractors or other persons or firms entitled to make claims by reason of having provided labor, materials or equipment relating to the Design-Build Services. 9.3.6 At the sole discretion of City, the Construction Manager may approve for inclusion in DBT’s Application for Payment the cost of materials to be incorporated in the Work but not yet incorporated in the Work and already delivered and suitably stored either at the Site or at some other appropriate location acceptable to City. In such case, DBT shall furnish evidence satisfactory to City: (i) Of the cost of such materials. DESIGN-BUILD 83 2021 (ii) That such materials are under the exclusive control of DBT, or if not, that title to the materials is in City’s name, free of any lien or encumbrance and that the materials are safely and suitably stored in a bonded warehouse with appropriate insurance coverage satisfactory to City to cover any Loss. (iii) Photographs of such materials if requested by the City. Any payment pursuant to this Paragraph shall not be construed as an inspection or acceptance of the materials nor shall it relieve DBT of its continuing and sole responsibility for the care and protection of such materials nor shall it relieve DBT from sole responsibility for any loss or damage to the materials from any cause whatsoever nor act as a waiver of the right of City to require strict fulfillment by DBT with all terms of the Contract Documents. 9.3.7 City shall have the right, in its sole discretion, to make payments of monies owing to DBT by means of direct payment to Subcontractors of any unpaid work performed by any Subcontractor or by joint payment to DBT and to Subcontractors. The making of such payments shall not be construed as the assumption of any obligation on the part of City or as creating any contractual relatio nship between City and any Subcontractor and shall not relieve DBT of any of its obligations under the Contract Documents. 9.3.8 If the Contract Sum includes an Allowance from the Proposal and the cost of performing the Design-Build Services covered by that Allowance is greater or less than the amount of that Allowance, the Contract Sum shall be increased or decreased accordingly. 9.4 CERTIFICATE FOR PAYMENT 9.4.1 Approval of all or any part of an Application for Payment may be withheld, a Certificate For Payment may be withheld or all or part of a previous Certificate For Payment may be nullified and that amount withheld from a current Certificate For Payment in order to protect City against actual or threatened loss as a result of any of the following: (i) Defective Work not remedied or failure to pass required system tests. (ii) Third-party claims against DBT or City arising from the acts or omissions of DBT, its Design Professionals or Subcontractors. (iii) Stop notices. (iv) Failure of DBT to make timely payments due Subcontractors for material or labor. (v) A reasonable doubt that the Design-Build Services can be completed for the balance of the Contract Sum then unpaid. (vi) Damage to City or Separate Contractor for which DBT is responsible. (vii) Reasonable evidence that the Project will not be completed within the Contract Time. (viii) Failure of DBT to maintain and update As-Built or Record Documents. (ix) Failure of DBT to timely submit Construction Schedules, reports, Submittals or their updates as required by the Contract Documents. (x) Performance of Work by DBT without Approved Submittals. DESIGN-BUILD 84 2021 (xi) Liquidated or actual damages assessed in accordance with the Design-Build Contract. (xii) Any other failure of DBT to perform an obligation under the Contract Documents. 9.4.2 Subject to the withholding provisions of Paragraph 9.4.2 and when any or all of the noted deficiencies or others have been removed, City s hall pay DBT the amount set forth in the Certificate for Payment in accordance with its normal disbursement procedures. 9.4.3 Neither City nor the Construction Manager shall have an obligation to pay or to see to the payment of money to a Design Professional or Subcontractor, except as may otherwise be required by Law. 9.4.4 Neither a Certificate for Payment nor any payment (progress or final) shall be construed as a waiver of any rights arising from Defective Work. 9.4.5 City may, at any time, require that payment of any undisputed amount is contingent upon DBT furnishing City with a release of all claims against City which are related to those undisputed payments. Any disputed amount may be expressly excluded from such release. 9.4.6 The City may require a tri-party agreement among the City, the DBT, and the DBT's surety as a condition to making full progress payments if the Work is behind schedule, in order to avoid exoneration of the surety bond or impairment of the surety's security. 9.5 DEPOSIT OF SECURITIES IN LIEU OF RETENTION AND DEPOSIT OF RETENTION INTO ESCROW 9.5.1 At the request and expense of DBT, a substitution of securities may be made as found in Government Code Section 16430 and as authorized by the Public Contract Code Section 22300 in lieu of monies retained by City under Section 9.2 of these General Conditions to ensure performance under the Contract Documents. Securities equivalent in value to the retention amount required by the Contract Documents for each Certificate For Payment shall be deposited by DBT with a state or federally chartered bank in the State of California ("Escrow Agent"), which shall hold such sec urities pursuant to the escrow agreement referred to in Paragraph 9.5.3 until Final Payment is due in accordance with Section 9.8. Securities shall be valued as often as conditions of the securities market warrant, but in no case less than once per month. DBT shall deposit additional securities so that the current market value of the total of all deposited securities shall be at least equal to the total required amount of retention. 9.5.2 Alternatively to Paragraph 9.5.1 of these General Conditions, and at the request and expense of DBT, City shall deposit retention directly with the Escrow Agent. DBT may direct the investment of such deposited retention into interest bearing accounts or securities, and such deposits or securities shall be held by the Escrow Agent upon the same terms provided for securities deposited by DBT. 9.5.3 A prerequisite to the substitution of securities in lieu of retention or the deposit of retention into escrow shall be the execution by DBT, City, and the Escrow Agent of an Escrow Contract for Deposit of Securities in Lieu of Retention and Deposit of Retention forms provided by City. The terms of such escrow agreement are incorporated into the requirements of this Section 9.5. 9.5.4 Release of funds or securities from escrow to DBT shall be made upon receipt by Escrow Agent of written notification by City that the DBT has complied with all requirements and procedures applicable to the Contract. 9.5.5 City has the right to draw upon the securities in the event of default by DBT, as determined by City pursuant to the provisions of these Contract Documents. Within seven (7) days following receipt of the City’s written notice of such default, Escrow Agent must immediately convert the securities to cash and distribute the cash as instructed by City. DESIGN-BUILD 85 2021 9.6 BENEFICIAL OCCUPANCY 9.6.1 City reserves the right, at its option and convenience, to occupy or otherwise make use of all or any part of the Work, at any time prior to issuing the Certificate of Substantial Completion, upon seven (7) Days’ notice to DBT. Such occupancy or use is herein referred to as "Beneficial Occupancy." Beneficial Occupancy shall be subject to the following conditions: .1 City, Design Consultant and Construction Manager will make an inspection of the portion of the Work to be beneficially occupied and prepare a list of items to be completed or corrected prior to issuing the Certificate of Substantial Completion. .2 Beneficial Occupancy by City shall not be construed by DBT as Acceptance by City of that portion of the Work which is to be occupied. City may, however, at its sole option, relieve DBT of Contract requirements to protect Work being beneficially occupied by City where such relief is specifically designated by City in writing. .3 Beneficial Occupancy by City shall not constitute a waiver of City’s right to assess liquidated damages as otherwise provided in these Contract Documents. .4 DBT shall provide, in the areas beneficially occupied and on a continual basis (if required), utility services, heating, and cooling for systems which are in operable condition at the time of Beneficial Occupancy. All responsibility for the operation and maintenance of equipment shall remain with DBT while the equipment is so operated. DBT shall submit to City an itemized list of each piece of equipment so operated with the date operation commences. .5 The Guarantee to Repair Periods, as defined in Section 12.2 of these General Conditions, will commence upon the first dates of actual occupancy or use of portions of the Work to which the City has taken Beneficial Occupancy and to equipment or systems fully utilized. .6 City shall pay all normal operating and maintenance costs resulting from its use of equipment in areas beneficially occupied. .7 City shall pay all utility costs which arise out of the Beneficial Occupancy. .8 DBT shall not be responsible for providing security in areas beneficially occupied. .9 City shall use its best efforts to prevent its Beneficial Occupancy from interfering with the conduct of DBT's remaining Work. .10 DBT shall not be required to repair damage caused by City in its Beneficial Occupancy. .11 Except as provided in this Section 9.6 of these General Conditions, there shall be no added cost to City due to Beneficial Occupancy. .12 DBT shall continue to maintain all insurance required by the Contract in full force and effect. DESIGN-BUILD 86 2021 9.7 SUBSTANTIAL COMPLETION 9.7.1 When DBT gives notice to City that the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give to DBT a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. DBT shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of DBT to complete all Wor k in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, DBT shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. DBT shall then submit a request for another inspection by City to determin e Substantial Completion. 9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and DBT for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by City. 9.8 FINAL COMPLETION AND FINAL PAYMENT 9.8.1 Upon receipt of notice from DBT that the Work is ready for final inspection, City will make such inspection. City will file a notice of completion with the County Clerk within fifteen (15) Days after Acceptance by City. Thirty-five (35) Days after filing the notice of completion, the City may release the final retention provided the requirements in this paragraph are met. 9.8.2 Without limitation to any other provisions of the Contract Documents, before Final Payment (including release of undisputed retention) for Design-Build Services under this Design-Build Contract is authorized, the DBT shall have completed the Design -Build Services in accordance with the Contract Documents and all applicable standards of care and the following requirements of the Co ntract Documents must be fulfilled by DBT: (i) The submittal of an application for Final Payment, together with supporting documentation, as required by Section 9.3 of these General Conditions. By submitting an application for final payment, Contractor warrants that all workers and persons employed, all firms supplying the materials, and all Subcontractors have been paid in full with the exception of any Subcontractor retention payments that are not yet due pursuant to Public Contract Code section 7107(d) or (e), and that there are no bills outstanding against the Work for either labor or materials, except certain items, documented as disputed claims or pending stop payment notices. DESIGN-BUILD 87 2021 (ii) Completion and delivery by DBT to City of all required written guara ntees, warranties, operation and maintenance manuals, As-Built Documents and other Record Documents, drawings, schedules, certificates and such other documents as required by the Contract Documents. All approvals and acceptances shall have been made pursu ant to Applicable Code Requirements. (iii) Completion of all construction Work, including corrective and punch list items, in a manner acceptable to City. All rubbish, tools, scaffolding and surplus materials and equipment have been removed from the Site. (iv) Submission of conditional releases of claims and stop notices from DBT and its Subcontractors with no reservation of rights for disputed claims or amounts. (v) If a Stop Notice(s) is received by the City after the Notice of Completion has been filed and prior to Final Payment, the City may, at its election, withhold the amount specified in the Stop Notice plus reasonable cost of any litigation pursuant to Civil Code Section 9358 from the Final Payment or permit the DBT to supply a stop notice release bond in the amount of 125% of the stop notice amount from a Surety acceptable to the City. 9.8.3 For purposes of determining the last day for submission of a Claim pursuant to Article 4, the date of Final Payment is deemed to be the date that the City acts to release undisputed retention as part of Final Payment, either by transmitting a written request to the retention Escrow Agent or by transmitting a payment directly to DBT, whichever occurs first. Acceptance of Final Payment by DBT shall constitute a complete waiver of all Claims, except those previously made in writing and identified by DBT as unsettled at the time of the Application for Final Payment. 9.8.4 DBT shall pay or cause to be paid to Subcontractors, the amount stated in the conditional releases within five (5) Days after receipt of the Final Payment, and shall promptly thereafter furnish evidence of such payment to City. ARTICLE 10 – PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 DBT shall be solely and completely responsible for initiating, maintaining and supervising all safety precautions and programs on the Site in connection with the performance of the Design -Build Contract, including safety of all persons for the duration of the Work, on a 24 -hour day, 7-day week basis. 10.1.2 Prior to the start of construction, DBT shall submit to Construction Manager a copy of DBT's safety program for the Project. A copy of this program shall be maintained on Site at all times. The safety program shall include, at a minimum: (i) Management policy, illness and injury prevention program (as described below). (ii) Safety meetings. (iii) Accident investigation. (iv) Basic accident causes. (v) Safety inspection check list. DESIGN-BUILD 88 2021 (vi) Fire prevention and control. (vii) Report forms. (viii) Employee safety manual. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The DBT shall be solely and completely responsible for job site conditions and safety during the life of the Contract. This obligation shall include the safety of all persons within or affected by the line of construction and all private property affected by the work 10.2.2 At its sole expense, DBT shall furnish, erect and maintain such temporary fences, barricades, signs, lights, ramps, and temporary construction of whatever nature as may be necessary to provide access to abutting properties and to warn the public of the work in progress and of any dangerous conditions as may exist due to the work in progress. The DBT's responsibility shall be continuous and not be limited to working hours or days, and shall not cease until formal acceptance of the work by the City except that if the City should make partial acceptance of the work, the DBT's responsibility for t he portion of the work so accepted shall thereupon cease, except for latent errors in the work or faulty construction. 10.2.3 The duty of the Construction Manager, its agents, or employees, to conduct construction review of the DBT's performance and operations is not intended to, and does not include review of or responsibility for the adequacy of the DBT's safety measures and pr ocedures in, on, or adjacent to the site of the Work. 10.2.4 DBT shall protect persons and property on the Site at all times. DBT shall have available at the Site copies or suitable extracts of "Construction Safety Orders" and "General Industrial Safe ty Orders" issued by the California Division of Industrial Safety. DBT shall comply with provisions of these and all other applicable laws, ordinances, and regulations. 10.2.5 DBT shall immediately respond to notice from City of unsafe conditions, shal l take adequate precautions for safety of persons on the Site, and shall provide adequate protection to prevent injury or Loss to the following: (i) Employees involved in the Work and other persons who may be affected thereby. (ii) The Work in place and materials and equipment to be incorporated therein, whether in storage on or off the Site, under care, custody, or control of DBT or Subcontractors. (iii) Other property at the Site and adjoining property(ies). 10.2.6 DBT shall promptly remedy damage and Loss (other than damage or Loss insured under property insurance required by the Contract Documents) to property caused in whole or in part by DBT or its Subcontractors or anyone for whose acts they may be liable and for which DBT is responsible. 10.2.7 DBT shall erect and maintain, as required by existing conditions and performance of the Work, adequate safeguards for safety and protection of persons and property, including providing adequate lighting and ventilation, posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.8 When use or storage of hazardous materials, equipment, or unusual methods are necessary for execution of the Work, DBT shall exercise the utmost care and carry on such activities only under the supervision of properly qualified personnel. DESIGN-BUILD 89 2021 10.2.9 DBT shall be required to provide at the Site a member of DBT's organization, typically the Superintendent, whose responsibility it shall be to provide instruction to persons present on the Site about prevention of accidents and overall jobsite safety. DBT shall notify City in writing if DBT replaces the person responsible for safety. 10.2.10 DBT shall be responsible for locating, providing, and coordinating the storage and staging of materials and equipment on-Site and off-Site and shall not load/store or permit any part of the Work on the Site to be loaded/stored so as to endanger the safety of persons or property. 10.2.11 DBT shall protect its materials and the Work from damage in a manner satisfactory to City and shall make good, without charge to City, all damage due to negligence in providing proper protection. 10.2.12 DBT shall take necessary precautions to guard against and eliminate possible fire hazards and to prevent damage to the Work, building materials, equipment, temporary field offices, storage sheds and public and private property. 10.2.13 DBT shall not permit the possession or use of alcohol or co ntrolled substances on the Site. 10.2.14 Explosives may be used only when authorized in writing by City. Explosives shall be handled, used and stored in accordance with applicable regulations. 10.3 EMERGENCIES In an emergency affecting the safety of persons or property, DBT shall immediately act to prevent or minimize damage, injury or loss. DBT shall immediately notify the Construction Manager and City, which notice may be oral, followed within twenty-four (24) hours after occurrence of the incident by written confirmation, of the occurrence of such an emergency and DBT's action. 10.4 TRENCH SAFETY In accordance with the California Labor Code, where the work will involve trenches five feet or more in depth and the estimated or Proposal cost of excavation is in excess of $25,000, the DBT shall submit to and receive from the City of Palo Alto, or its designee, the acceptance of a detailed plan showing design of shori ng, bracing, sloping, or other provisions to be made for worker protection from the hazards of caving ground. Such plan shall be submitted at least five (5) days before the DBT intends to begin work on the trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the State of California Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer. The DBT shall not use shoring, sloping, or protective systems less effective than that required by the Construction Safety Orders of the Division of Industrial Safety. The City shall not be responsible or liable for the safety of such trenching or trenching plans. Whenever the work called for on these plans or Contract Documents involves the construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or excavations, which are five feet or deeper, DBT shall include in its Proposal Price, the cost of design and construction of adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which shall conform to applicable safety orders. DESIGN-BUILD 90 2021 ARTICLE 11 – INSURANCE AND BONDS 11.1 DBT'S INSURANCE 11.1.1 DBT, at its sole expense, shall for the term of the Contract obtain and maintain insurance in the amounts for the coverage specified below, or as modified by the Special Provisions (if applicable), afforded by companies with AM Best’s Key Rating of A-:Vii, or higher, licensed or authorized to transact insurance business in the State of California. REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: DBT, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY DBT AND ITS SUBCONTRACTORS/SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR DBT’S AGREEMENT TO INDEMNIFY CITY. II. DBT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569 III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS : A. PRIMARY COVERAGE DESIGN-BUILD 91 2021 WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE DBT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE DBT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569 OR HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP 11.1.2 DBT shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract within ten (10) business days following issuance of the Notice of Award. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage on its behalf. 11.1.3 Design Professionals and Subcontractors: DBT shall include all Subcontractors and as insureds under its policies, or shall furnish separate certificates and endorsements for each Design Professional or Subcontractor in compliance with this Article. All coverages for Design Build Professional or Subcontractors shall be subject to all of the requirements stated herein. 11.1.4 At the request of City, DBT shall submit to City copies of the policies obtained by DBT. In the event DBT does not comply with these insurance requirements, City may, at its option, provide insurance coverage to protect City; and the cost of such insurance shall be paid by DBT and may be deducted from the Contract Sum. 11.1.5 The requirements of this Section may only be modified in writing by the City’s Risk Manager. DESIGN-BUILD 92 2021 11.2 BOND REQUIREMENTS 11.2.1 Within ten (10) Days after the issuance of the Notice of Award and prior to commencing Work on the Project, DBT shall file with City good and sufficient Labor and Material Payment and Performance Bonds each in the amount of 100% of the Contract Sum for Construction Services. The bonds shall be in substantially the same form as contained in this RFP Packet or such other form as required by City and shall be signed by both DBT and Surety and properly notarized. Should any bond required hereunder or any surety on such bond become or be determined by City to be insufficient, it shall be replaced within ten (10) Days by a bond that fully complies with the requirements of this Section 11.2. No further payments to DBT for Work performed shall be made or due until DBT has fully complied with the requirements of this Section 11.2. 11.2.2 The Payment Bond shall remain in effect at least until the time for filing a claim on a stop notice has expired pursuant to the California Civil Code. The Performance Bond provided by DBT shall remain in effect for the duration of the period of all warranties required by the Contract Documents and shall assure faithful performance of all DBT’s obligations under the Contract Documents, including, without limitation, all obligations that survive Final Completion or termination or expiration, such as, but not limited to DBT’s warranty and indemnity obligations. 11.2.3 DBT shall promptly furnish such additional security as may be required by City to protect its interests and those interests of persons or firms supplying labor or materials to the Work. 11.2.4 Surety companies used by DBT shall be, on the date the Contract is signed by City and at all times while the bonds are in effect, either California Admitted Sureties or listed in the latest published United States Treasury Department list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies and either have a current A.M. Best A VIII rating or be an admitted surety that meets the requirements of Code of Civil Procedure Section 995.660. 11.2.5 The premiums for all Bonds are included in the Contract Sum and shall be paid by DBT. 11.2.6 The bonds shall name City as obligee. 11.2.7 Change Orders, Field Orders, Modifications, Changes in the Work and adjustments in the scope of Work Contract Sum or Contract Time shall in no way release or exonerate DBT or its sureties from their obligations and notice thereof shall be waived by such sureties. 11.2.8 City and the Construction Manager shall have the right to communicate with DBT’s sureties with respect to matters that are related to DBT’s performance of its obligations under the Contract Documents. DBT shall be provided with a copy of all such written communications. Such communications shall not create or be interpreted as creating any contractual relationship between City or the Construction Manager and any such surety. 11.2.9 In the event of a significant (15% or more) increase in Contract Sum, replacement bonds totaling the new Contract Sum may be required by City. DESIGN-BUILD 93 2021 ARTICLE 12 – DEFECTIVE WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to Construction Manager’s request or direction, or contrary to the requirements of the Contract Documents, it must, if required in writing by City, be uncovered for City's observation and be replaced at DBT's expense without adjustment of the Contract Time or the Contract Sum. 12.1.2 If a portion of the Work has been covered, which is not required by the Contract Documents to be observed or inspected prior to its being covered and which City has not specifically requested to observe prior to its being covered, City may request to see such Work and it shall be uncovered and replaced by DBT. If such Work is in accordance with the Contract Documents, the costs of uncovering and replacing the Work shall be added to the Contract Sum by Change Order; and if the uncovering and replacing of the Work extends the Contract Time, an appropriate adjustment of the Contract Time shall be made by Change Order. If such Work is not in accordance with the Contract Documents, DBT shall pay such costs and shall not be entitled to an adjustment of the Contract Time or the Contract Sum. 12.2 CORRECTION OF DEFECTIVE WORK AND GUARANTEE TO REPAIR PERIOD 12.2.1 In addition to any specific warranty mentioned in these Contract Documents, the DBT shall guarantee that all material, apparatus, equipment, and workmanship used, installed, or incorporated in the work is free from defects, and agrees to replace at no expense to the City any and all defective Work or materials which become evident within one (1) year (“Guarantee To Repair Period”), unless a longer period of time is specified in the Special Provisions and technical specifications, commencing as follows: (i) For any Work not described as incomplete in the Certificate of Substantial Completion, on the date of Substantial Completion. (ii) For space beneficially occupied or for separate systems fully utilized prior to Substantial Completion pursuant to Section 9.6, from the first date of such Beneficial Occupancy or actual use, as established an appropriate written authorization for Beneficial Occupancy. (iii) For all Work other than (I) or (ii) above, from the date of filing of notice of completion pursuant to Section 9.8 above. 12.2.2 DBT shall (i) correct Defective Work that becomes apparent during the progress of the Work or during the Guarantee To Repair Period and (ii) replace, repair, or restore to City's satisfaction any other parts of the Work and any other real or personal property which is damaged or destroyed as a result of Defective Work or the correction of Defective Work, without any expense whatsoever to City. City will give notice of observed Defective Work with reasonable promptness, an d DBT shall promptly commence such correction, replacement, repair or restoration upon notice from City, but in no case later than seven (7) Days after receipt of such notice. DBT shall diligently and continuously prosecute such correction to completion. DBT shall bear all costs of such correction, replacement, repair, or restoration and all Losses resulting from such Defective Work, including additional testing, inspection and compensation for City's or City's services and expenses. DBT shall perform corrective Work at such times that are acceptable to City and in such a manner as to avoid, to the extent practicable, disruption to City's activities. Ordinary wear and tear, unusual abuse or neglect are excepted from this guarantee. DBT shall notify City upon completion of repairs. 12.2.3 If immediate correction of Defective Work is required for life safety or the protection of property or, if in the opinion of City, Defective Work creates a dangerous condition or requires immediate corrections or attention to prevent further Loss to City or to prevent interruption of operations of City, City will attempt to give immediate notice to DBT. If DBT cannot be contacted or does not comply with City's DESIGN-BUILD 94 2021 request for correction within a reasonable time as determined by City, City or Separate Contractors under City's direction, may, notwithstanding the provisions of this Article, proceed to make such corrections or provide such attention; and the costs of such correction or attention shall be charged against DBT. Suc h action by City will not relieve DBT of the guarantees provided in this Article or elsewhere in the Design-Build Contract. DBT shall replace, repair or restore to City's satisfaction any other parts of the Work and any other real or personal property, which is damaged or destroyed as a result of such Defective Work or the correction of such Defective Work. 12.2.4 DBT shall promptly remove from the Site those portions of the Work and materials which are not in accordance with the Contract Documents and which are neither corrected by DBT nor accepted by City. 12.2.5 If DBT fails to commence correction of Defective Work within seven (7) Days as required in Section 12.2.3 after notice from City or fails to diligently prosecute such correction to completion, City may correct the Defective Work in accordance with Section 2.4; and, in addition, City may remove the Defective Work and store salvageable materials and equipment at DBT's expense. 12.2.6 If DBT fails to pay the costs of such removal and storage as required by Paragraphs 12.2.4 and 12.2.5 within seven (7) Days after written demand, City may, without prejudice to other remedies, sell such materials at auction or at private sale or otherwise dispose of such material. DBT shall be entitl ed to the proceeds of such sale, if any, in excess of the costs and damages for which DBT is liable to City, including compensation for City's services and expenses. If such proceeds of sale do not cover costs and damages for which DBT is liable to City, the Contract Sum shall be reduced by such deficiency. If there are no remaining payments due DBT or the remaining payments are insufficient to cover such deficiency, DBT shall promptly pay the difference to City. 12.2.7 DBT's obligations under this Article are in addition to and not in limitation of its warranty under Section 3.5 or any other obligation of DBT under the Contract Documents. Enforcement of DBT's express warranties and guarantees to repair contained in the Contract Documents shall be in a ddition to and not in limitation of any other rights or remedies City may have under the Contract Documents or at law or in equity for Defective Work. Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations of DBT under the Contract Documents, which may be longer specified periods. Establishment of the Guarantee To Repair Period relates only to the specific obligation of DBT to correct the Work and in no way limits either DBT's liability f or Defective Work or the time within which proceedings may be commenced to enforce DBT's obligations under the Contract Documents. 12.3 ACCEPTANCE OF DEFECTIVE WORK Notwithstanding the provisions of Section 12.2 of these General Conditions, City shall have the option, at its sole discretion and by notice to DBT, to accept Defective Work instead of requiring its removal or correction, in which case the Contract Sum shall be reduced by an amount equal to the difference between the value to City the Work would have had were it complete, correct and in conformity with the Contract Documents and the value to City of such Defective Work. Such option shall be exercised solely by notice to DBT and shall not be implied from any act or omission by City or Construction Manager. If there are no remaining payments of the Contract Sum to be made to DBT, or if the remaining payments and retention are insufficient to cover the amount of the reduction of the Contract Sum, DBT shall promptly pay to City the amount of any such deficiency. ARTICLE 13 – STATUTORY REQUIREMENT DESIGN-BUILD 95 2021 13.1 STATE LABOR LAW DBT, its agents, and employees shall be bound by and comply with all applicable provisions of the Labor Code and such federal, state and local laws which affect the conduct of the Work. If prevailing wages are required for this Project, copies of the prevailing rate of per diem wages may be obtained at the Department of Industrial Relations’ website: http://www.dir.ca.gov/ 13.2 WORK DAY Eight (8) hours labor constitutes a legal day’s work. DBT shall not permit any worker to labor more than eight (8) hours during any one (1) Day or more than forty (40) hours during any one (1) calendar week, unless overtime is paid pursuant to Labor Code Section 1815 or except as otherwise permitted by law. DBT shall forfeit to City, as a penalty, twenty-five dollars ($25.00) for each worker employed in the execution of this Design-Build Contract by DBT, or any Subcontractor, for each Day during which such worker is required or permitted to Work more than eight (8) hours in any one (1) Day and forty (40) hours in any one (1) calendar week in violation of the terms of this Paragraph or in violation of the provisions of any law of the State of California, including but not limited to Labor Code Sections 1810 through 1815. Such forfeiture amounts may be deducted from the Contract Sum. DBT and each Subcontractor shall keep, or cause to be kept, an accurate record showing the actual hours worked each Day and each calendar week by each worker employed on the Project, which record shall be kept open at all reasonable hours to the inspection of City, its officers and agents, and to the inspection of the appropriate enforcement agency or representative and the State of California. ARTICLE 14 – JOB SITE NOTICES AND COMPLIANCE MONITORING 14.1 LABOR PROVISIONS As required by California Labor Code section 1771.4(a)(1) and (a)(2), the City provides notice to all contractors and subcontractors that the Project that is the subject of the RFP and the Design-Build Contract, is a public works project, the DBT is required to post all job site notices prescribed by law or regulation, and the DBT is subject to compliance monitoring and enforcement by the Department of Industrial R elations (DIR). DESIGN-BUILD 96 2021 FIELD ORDER CITY OF PALO ALTO DEPARTMENT OF PUBLIC WORKS _____________________________ Project This Field Order, issued pursuant to Article 7 of the Contract General Conditions directs and authorizes DBT to proceed with the Work described below. Upon receipt of this Field Order, DBT shall, within a reasonable time, proceed with the Work described in the Field Order. Unless otherwise stated below, this Field Order shall not be construed as an acknowledgment by City that th e Work described constitutes a Change or Extra Work. If DBT disputes the proposed basis or amount of adjustment to the Contract Sum or Contract Time, it may request to change the disputed portions of this Field Order by submitting a Change Order Request within ten (10) Days following issuance of this Field Order. Failure by DBT to submit a timely Change Order Request seeking modification of the terms of this Field Order shall be deemed full acceptance of and agreement to all of the terms herein, an d a release and waiver of any right to subsequently dispute any or all of the terms of this Field Order. Project Number: Field Order Number: XXX Contract Number: Issuance Date: __/__/____ DBT's Name: Prepared by: Description of Work: Title: __________ Ref: 1. City has determined that the above Work: ___ is Extra Work ___ is not Extra Work City has determined that DBT is: __not entitled to an extension of time __ entitled to an extension of ___ days Basis of Extra Work Cost: Unit Cost* Lump Sum: $_______________ Time and Materials* Other* *The Contract Sum will be [increased][decreased] by an amount not to exceed: $____________________________ 1. Consultant shall sign prior to DBT and return to City. Indicate N/A if not applicable. Consultant Approval: Title: Senior Project Manager Date: 2. DBT shall sign and return to City for City approval signatures. DBT Approval: Title: Project Manager 3. Signature required on all Field Orders. City Approval:________________________ Title: Project Manager Date: ________________________________ Date:________________________________ 4. Division Head signature required for Field Orders exceeding $15,000. City Approval: Title: Assistant Director of Public Works 5. Department Head signature required for Field Orders exceeding $25,000. City Approval Title: Director of Public Works Date:________________________________ Date:_______________________________ Distribution: [] DBT [] Division Head [] File [] Consultant [] Project Manager [] Inspector • CITY OF PALO ALTO DESIGN-BUILD 97 2021 CHANGE ORDER REQUEST CITY OF PALO ALTO DEPARTMENT OF PUBLIC WORKS Contract Change Order Request Project Title: Project No.: Contract Number: Date: DBT: Change Order Request No.: Description of Change Order Request (Attach additional sheets as needed) Reason for Change Order Request: Description of Work to be Performed: Requested Change to Contract Sum: ❑ No cost change: N/A ❑ Increase cost by $ __________ ❑ Decrease cost by $ __________ Request for Extension of Contract Time (check one): ❑ No Change to Contract Time ❑ Time Extension Requested for ___ days* o ___ days Excusable Delay o ___ days Compensable Delay ❑ Decrease time by _ days * Include all information and documentation required by Section 8.5 of the Contract General Conditions Basis for requested change in cost: ❑ Unit pricing ❑ Lump sum: $_____________________________ ❑ Time and Materials not to exceed: * $_________ ❑ Compensable Delay Costs: $________________ ❑ Other:___________________________________ * Final value shall not exceed amount shown without additional written CO authorization. Complete Time and Materials Breakdown on following page Reference Documents:* RFI: ASI: Field Order: Specifications: Plans: Other: (specify): * Provide specific number/section/sheet references as applicable • CITY OF PALO ALTO DESIGN-BUILD 98 2021 Contract Change Order Request – continued Line Time and Materials Breakdown (Reference General Conditions, e.g. Sections 1 and 7.2, for Allowable Costs and markup) Added Credit All lines shall be filled in (zero values acceptable) DBT’S WORK 1. Material (attach itemized quantity and unit cost) 2. Labor (attached itemized hours and rates) 3. Equipment (attach invoices) 4. Royalties and Permits 5. Additional insurance and bond costs, not to exceed two percent (2%) of lines 1-4 6. Subtotal (sum of lines 1 through 5) 7. DBT’s Contractor Markup (Section 1.1.31 of the General Conditions) on Extra Work performed by DBT’s own forces, not to exceed ten percent (10%) of line 6 8. Subtotal for DBT’s Work (sum of lines 6 and 7) SUBCONTRACTED WORK (Provide separate breakdown for each subcontract)1 9. Material (attach itemized quantity and unit cost) 10. Labor (attach itemized hours and rates) 11. Equipment (attach invoices) 12. Royalties and Permits 13. Additional insurance and bond costs, not to exceed two percent (2%) of lines 9-12 14. Subtotal (sum of lines 9 through 13) 15. Contractor Markup (Section 1.1.33 of the General Conditions) by Subcontractor on Extra Work performed by Subcontractor’s forces, not to exceed ten percent (10%) of line 14 16. Subcontractor Markup (Section 1.1.76 of General Conditions) by DBT on Subcontractor’s Allowable Costs, not to exceed fifteen percent (15%) of line 14 17. Subtotal for Subcontracted Work (sum of lines 14, 15 and 16) 18. TOTAL (sum of lines 8 and 17) Contract Change Order Request – continued DBT CERTIFICATION: By signing below, the undersigned DBT certifies under penalty of perjury that its statements and representations in this Change Order Request are true and correct. DBT warrants that this Change Order Request is comprehensive and complete with respect to the Change in the Design -Build Services described herein, and agrees that any costs, expenses, or time extension request, including, but not limited to, compensation for delay, lost productivity, inefficiency, or disruption, which is not included with this Change Order Request, shall be deemed waived. DBT understands that submission of claims which have no basis in fact or which DBT knows to be false may violate the False Claims Act, as set forth in Government Code Sections 12650 et seq. 1 Attach additional copies of this page as required to summarize additional subcontracts. DESIGN-BUILD 99 2021 Submitted by DBT: Signature: By: Title: Date: Design Consultant Recommendation By: Title: Date: Recommendation: Construction Manager Recommendation By: Title: Date: Recommendation: City Approval – Division Head Signature required on all Change Order Requests By: Title: Holly Boyd Assistant Director, Public Works Engineering Date: City Approval – Department Head Signature required when any individual Change Order Request exceeds $10,000. By: Title: Brad Eggleston Director of Public Works Date: DESIGN-BUILD 100 2021 CONTRACT CHANGE ORDER CITY OF PALO ALTO DEPARTMENT: PUBLIC WORKS ENGINEERING _____________________________ Project Contract Change Order # Project Title: Project No.: Contract Number: Date: DBT: Change Order No.: Description of Change Order Background Information: Change Order Justification: Description of Work to be Performed: Incorporates Field Order Number(s): Cost Time This Change Order will: ❑ No cost change: N/A ❑ Increase cost by $ 0.00 ❑ Decrease cost by $ N/A This Change Order will: ❑ Not change time ❑ Increase time by days o ___ days Excusable Delay o ___ days Compensable Delay ❑ Decrease time by days The date of completion as of this Change Order is G/L account number (s): Basis for change in cost: ❑ Unit price(s) ❑ Lump sum Time and Materials ❑ Compensation for Compensable Delay ❑ Other: • CITY OF PALO ALTO DESIGN-BUILD 101 2021 Contract Change Order – continued DBT CERTIFICATION: By signing below, DBT agrees that this Change Order constitutes full resolution, settlement, accord and satisfaction with respect to any and all pending or future Claims for cost and extensions of time that were asserted, or that could have been asserted, in connection with the Work or Design-Build Services covered by this Change Order, as more fully set forth in Article 7 of the Contract General Conditions. FAILURE TO EXECUTE: If DBT fails to promptly execute this Change Order after it has been submitted for DBT’s signature, the City may unilaterally approve this Change Order as set forth in Article 7 of the Contract General Conditions. DBT may dispute the terms of a unilaterally-approved Change Order, in whole or in part, by submitting a Claim in accordance with the Dispute Resolution Procedures set forth herein within fourteen (14) days after the Change Order is approved by the City. If DBT fails to submit a Claim within that 14-day period, with respect to all or part of the unilaterally- approved Change Order, those portions of the Change Order which have not been disputed by timely submission of a Claim shall be deemed to have the same effect as if the Change Order was fully executed by both parties as set forth above. Accepted for DBT: Accepted for City of Palo Alto: By: By: Title: Title: Public Works Engineering - Sr. Project Manager Date: Date: PC O N o . AS I FO CO R CO Description Amount Reason for Change Total for this Change Order $ 0.00 Scope of Work or Services DESIGN-BUILD 102 2021 Document Preparation By: Title: Date: City Approval – Division Head Signature required on all Change Orders By : Title : Holly Boyd Assistant Director, Public Works Engineering Date: City Approval – Department Head: Signature required when any individual Change Order exceeds $10,000. By: Title: Brad Eggleston Director of Public Works Date: Contract Change Order – continued Summary of Amounts Payable Under Contract (For Internal Purposes Only) Original Contract Sum: $ 0.00 Previous Change Orders $ 0.00 This Change Order $ 0.00 Revised Contract Sum: $ 0.00 Compare to: Original Contract Authorization: $ 0.00 Contingency: 0.00 Contract Amendment Authorizations $ 0.00 Contingency added: 0.00 Contingency Authorizations: $ 0.00 Used to date (0.00) Total Authorized Funding: $ 0.00 Balance remaining 0.00 Change Orders shall not be initiated for Council-approved contracts if the revised Contract Sum exceeds the total authorized funding amount. DESIGN-BUILD 103 2021 SPECIAL PROVISIONS CITY OF PALO ALTO DESIGN-BUILD SPECIAL PROVISIONS Civic Center Fire List Safety Upgrades PROJECT DESIGN-BUILD 104 2021 SPECIAL PROVISIONS SPECIAL PROVISIONS RFP No. 179385 PE-18016 These Special Provisions apply to this Project in addition to the General Conditions. Terms used in these Special Provisions which are defined in the General Conditions have the meanings assigned to them in the General Conditions. SECTION 1 – PROJECT STAFF At a minimum, the onsite staff assigned to this Project on a full-time basis must include the following positions and required qualifications and experience: Foreman or Supervisor that has completed Live-Scan screening in order to accommodate the Work in sensitive and/or restricted areas in the Civic Center. SECTION 2 – PROJECT SCHEDULE As part of the Construction Services, DBT shall provide weekly rolling 3 -week look-ahead schedules that are tied to the Construction Schedule for review by the Construction Manager. The weekly look-ahead schedules must be submitted to the Construction Manager each Month no later than the seventh (7th) day. SECTION 3 – TRAFFIC CONTROL N/A SECTION 4 – INSURANCE REQUIREMENTS The insurance limits specified in Article 11 of the General Conditions of the RFP are modified as follows: Builder’s Risk Insurance: DBT must obtain, at DBT’s sole expense, a Builders Risk insurance policy issued on an occurrence basis, for all-risk coverage on a one hundred percent (100%) completed value basis on the insurable portion of the Project for the benefit of City. SECTION 5 – ADMINISTRATION OF THE CONTRACT DBT shall provide suitable office space at the Project Site for use by the Construction Manager, City, and Design Consultants during their presence at the Site. Office may be located within the DBT’s trailer as a separate office with a door and of minimum 12 foot by 12 foot dimensions, have 2 desks for use by the City, or office may be within a separate trailer that is fully functional as an office trailer. Separate trailer shall have electrical, internet and all services required for the City or its designees to conduct business. SECTION 6 – DEFINITIONS ARCHITECTS SUPPLEMENTAL INSTRUCTIONS means letters of instruction from the Architect which interpret or clarify the Contract Documents, but do not change the scope of the Design -Build Services. SECTION 7 – PROTECTION OF PERSONS AND PROPERTY N/A DESIGN-BUILD 105 2021 SPECIAL PROVISIONS SECTION 8 – ESCROW PROPOSAL DOCUMENTS. N/A SECTION 9 – GENERAL CONDITIONS. 9.1. The following provisions in the Design-Build General Conditions included with the RFP are not applicable to this Project and will have no force and effect : Traffic Control END OF SECTION 1 Baumb, Nelly From:Rice, Danille Sent:Friday, June 4, 2021 5:48 PM To:Council, City; Council Agenda Email Cc:Executive Leadership Team; ORG - Clerk's Office Subject:Council Agenda Consent Questions for June 7: Items 3, 5, 8 Dear Mayor and Council Members: On behalf of City Manager Ed Shikada, please find below the staff responses to inquiries made by Council Member Cormack and Council Member Tanaka in regard to the June 7, 2021 Council Meeting agenda. Item 3: Underground District 46 Completion Project Construction Contract & Budget Amendment Item 5: Design/Build Contract for Civic Center Fire Life Safety Upgrades Item 8: Adoption of ADA Transition Plan Update Item 3: Underground District 46 Completion Project Construction Contract & Budget Amendment (Question provided by Council Member Tanaka) 1. What is the likelihood that “unforeseen work” or any other unexpected operations will raise the price of the contract by up to 20 percent? Staff is not aware of any unforeseen work but due to the large scope and uniqueness of this project, such as but not limited to depth of excavation needed, for our utilities, staff recommends a 20% contingency. 2. Are there any fiscal implications of removing $500,000 from the Electric Fund operations reserve? This will reduce available funding in the reserve though is not expected to impact overall levels in FY21 and FY22 however the financial forecast models reflect estimates that the reserve will be near minimum levels in FY23. 3. Why was the cost escalation from the 2016 budget allocation not previously accounted for? The original allocation was underestimated and was inadvertently not updated as part of the annual budget process by the department. 4. What amount of new economic productivity, if any, is expected to result from the completion of this project? This addresses resilience and reliability of the system. 5. How long is this infrastructure expected to last before it needs to be replaced? Is this duration shorter than that of the previous/current utilities? The life expectancy of the new facilities should exceed the life expectancy of the existing facilities, new infrastructure typically lasts approximately 40 years. 2 Item 5: Design/Build Contract for Civic Center Fire Life Safety Upgrades (Question provided by Council Member Tanaka) 1. Will everyday municipal work within the Civic Center be disturbed throughout the implementation of the new fire safety protection system? The project duration is anticipated to be eight months including the design phase, with actual installation taking five to six months. Staging installation will encompass one floor per week. The project team will work with affected departments to minimize disruption. 2. Will the new system possess the capacity to adapt to future renovations on the Civic Center and therefore produce substantial longevity? This system is extremely robust and scalable. The current design will tentatively utilize about 25 percent of the current design capacity which could be expanded in the future to accommodate even further development. Additional enhancements include the capability to interact with future alarm needs such as an early detection warning system for earthquakes as well as to interact with the proposed Hexagon CAD system for monitoring Civic Center devices from the new Public Safety Building following its construction. 3. Is the budget allocation described in the contract the final financial burden on the City or will future maintenance for the new fire protection system be necessary? Annual testing is completed in accordance with the fire code on any system, including the existing system. An important safety enhancement to the system includes the ability to continually self‐monitor all the addressable components. This also allows for the annual testing of the system to be performed during regular working hours without disturbing building occupants with the associated noise of the alarms and visual notification devices activating. Testing during non‐overtime hours will also yield a small cost savings of approximately $2,000 per year. 4. How does this fire protection system compare to others in public buildings across the city and will it be setting or meeting the standard for fire protection in Palo Alto? This system currently meets or exceeds the capabilities of fire alarm systems in other City maintained and owned buildings in Palo Alto. It complies with applicable building code requirements, while providing capacity for future expansion. Item 8: Adoption of ADA Transition Plan Update (Question provided by Council Member Cormack) 1. The transition plan schedule at 60 years is quite lengthy. Understanding that this timeframe is typical for changes of this magnitude and cost, would it be appropriate to prioritize the projects based on their usage first and the other criteria thereafter? Staff worked with the consultant to propose a schedule that first prioritized the points of arrival needed for site access, to support a basic level of accessibility. The highest priority also includes current budgeted capital projects which are often at locations with the highest public use. Using existing recurring and one‐time CIP projects helps leverage funding for this work and provides for more complete projects. This schedule is a living document, and as such can be revised to accommodate new capital renovation projects at priority facilities in the future, even if they don’t align with the current schedule. 3 Many of the City’s high use/traffic facilities have been recently rebuilt or renovated using recent codes, so that remaining issues are of a lower priority. The Mitchell Park Library and Community Center (MPLCC) and Civic Center are examples. MPLCC construction was completed in 2014 and the project was designed in compliance with then‐applicable accessibility codes. Renovations at the Civic Center have occurred on individual floors and have included ADA upgrades, while additional ADA upgrades needed on the ground floor are planned as part of the City Council Chambers Upgrade Project CIP TE‐19001. Thank you. Danille Rice Executive Assistant to the City Manager (650) 329‐2105 | danille.rice@cityofpaloalto.org www.cityofpaloalto.org City of Palo Alto (ID # 12083) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/7/2021 City of Palo Alto Page 1 Summary Title: Amendment No. 1 for Fire Sprinkler System Inspections and Repairs Performed by Johnson Controls Fire Title: Approval of Amendment Number 1 to Contract S20176879 With Johnson Controls Fire Protection LP to Increase the Contract Amount by $86,847 for a Revised Three -year Contract Total Amount Not-to-Exceed $265,584 for the Provision of Fire Sprinkler System Inspections and Repair Services 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 Amendment (Attachment A) to contract no. S20176879 with Johnson Controls Fire Protection LP, to increase the contract amount by $86,847 and increase the scope of services to include the repair of fire sprinkler systems at the Lot S/L, Lot R, and Ted Thompson parking garages, for a revised three-year contract total amount not to exceed $265,584, Capital Improvement Program, project PF-14003. Background In May 2020, staff conducted an RFQ solicitation for Fire Sprinkler Inspections and Repairs for all City buildings. Johnson Controls Fire Protection, LP (Johnson Controls) was awarded the contract (S20176879). Johnson Controls, per the Fire Sprinkler Inspection and Repair contract, performed code - required quarterly inspections on the fire sprinkler systems at the Lot S/L, Lot R, and Ted Thompson parking garages in September 2020. During the inspections, Johnson Controls found repair and maintenance issues needed attention. Many of these issues are because components of the fire sprinkler system are at the end of their service life and/or are corroded. The National Fire Protection Association codes and Palo Alto Fire Department regulations require replacement of these components. It is difficult to predict repair costs for repair and maintenance issues such as these, so funds were not originally included in the base contract ($178,737) with Johnson Controls. The attached Amendment to the contract ($86,847) is for CITY OF PALO ALTO City of Palo Alto Page 2 the repair and correction of the issues so the fire sprinkler systems at the Lot S/L, Lot R, and Ted Thompson garages will operate as intended in the event of a fire and comply with the codes and regulations. Discussion Scope Overview The primary scope of this project is the repair and maintenance of the fire sprinkler issues in the Lot S/L, Lot R, and Ted Thompson parking garages. A detailed scope of work is provided in the attached Amendment to the contract, but some highlights include: Lot S/L Parking Garage • Replace four hundred and ten (410) ¾” ECLO brass 200 degree Quick Response Upright sprinklers that are corroded, loaded, and/or painted. • Replace four hundred and seventeen (417) ½” brass 212 degree SSU sprinkler heads that are corroded, loaded, and/or painted. • Replace approximately 3’ of 4” sprinkler pipe that is corroded between levels A -B at Stair #1. • Replace approximately 3’ of 4” sprinkler pipe that i s corroded between levels A-B at Stair #2. Lot R Parking Garage • Replace one hundred and seventy-six (176) ¾” ECLO brass 200 degree Quick Response Upright sprinklers that are corroded and/or loaded. • Replace two hundred and twenty-seven (227) ½” brass 212 degree SSU sprinkler heads that are corroded and/or loaded. Ted Thompson Parking Garage • Replace ninety (90) ¾” ECLO brass 212 degree Quick Response Pendent sprinklers that are outdated. • Replace four (4) ¾” ECLO brass 212 degree Quick Response Pendent sprinklers that are missing from the spare head cabinet. Timeline This project is considered urgent and is scheduled to be complete in 60 calendar days from date of Notice to Proceed. Resource Impact Funding for the contract increase recommended in this report is budgeted in the University Avenue Parking Improvements Capital Improvement Program project PF-14003 for Lot S/L ($77,600) and Lot R repairs and the California Ave Parking District Fund (for Ted Thompson parking garage repairs ($9,247). Stakeholder Engagement City of Palo Alto Page 3 Stakeholder engagement is not applicable to this contract amendment. Policy Implications This contract amendment is in conformance with the City of Palo Alto’s Comprehensive Plan and does not represent any changes to existing City policies. Environmental Review This project is categorically exempt from California Environmental Quality Act (CEQA) under Sections 15301 and 15302 of the CEQA guidelines as an alteration to an existing facility and no further environmental review is necessary. Attachments: • Attachment A: Amendment Number 1 to Contract S20176879 With Johnson Controls Fire Protection LP City of Palo Alto Contract S20176879 Form Vers.: Aug. 5, 2019 Amendment No. 1 Page 1 of 20 AMENDMENT NO. 1 TO CONTRACT NO. S20176879 BETWEEN THE CITY OF PALO ALTO AND JOHNSON CONTROLS FIRE PROTECTION LP This Amendment No. 1 (this “Amendment”) to Contract No. S20176879 (the “Contract” as defined below) is entered into as of June 7, 2021, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and JOHNSON CONTROLS FIRE PROTECTION LP, a Delaware Limited Partnership, located at 6952 Preston Avenue, Suite A, Livermore, CA 94551, DIR number 100000576, (925) 381-8360 (“CONTRACTOR”). CITY and CONTRACTOR are referred to collectively as the “Parties” in this Amendment. R E C I T A L S A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of providing Quarterly, Annual & Five-Year Inspection and Testing on all fire extinguishing systems in City facilities, as detailed therein. B. The Parties now wish to amend the Contract to add to the scope of services the repair and correction of all fire sprinkler deficiencies to meet current National Fire Protection Association codes and Palo Alto Fire Department regulations at Lot S/L parking garage, Lot R parking garage, and Ted Thompson parking garages, and to increase the compensation by $78,952.00, plus $7,895.00 for Additional Services (if approved as detailed herein), subtotaling $86,847.00, thereby increasing the not-to-exceed amount of the Contract from $178,377.00 to a new total not-to-exceed amount of $265,584.00. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term “Contract” shall mean Contract No. S20176879 between CONSULTANT and CITY, dated June 1, 2020. b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 5, “COMPENSATION FOR ORIGINAL TERM,” of the Contract is hereby amended to read as follows: “CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any: DocuSign Envelope ID: DD8008CA-71AA-42DF-A78B-4A0B86FE1167 Attachment A City of Palo Alto Contract S20176879 Form Vers.: Aug. 5, 2019 Amendment No. 1 Page 2 of 20 A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of Two Hundred Sixty-Five Thousand Five Hundred Eighty-Four dollars ($265,584.00). CONTRACTOR agrees that it can perform the Services (and any Additional Services if assigned as below) for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services (and any Additional Services if assigned as below) shall be at no cost to CITY. Included in the total maximum compensation amount above, the CITY has set aside the sum of Twenty-Four Thousand One Hundred Forty-Four dollars ($24,144) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee. CONTRACTOR, at the CITY’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement.” SECTION 3. The following exhibits to the Contract are hereby amended, as indicated below, to read as set forth in the attachments to this Amendment, which are hereby incorporated in full into this Amendment and into the Contract by this reference: a. Exhibit “A” entitled “SCOPE OF SERVICES, AMENDMENT NO.1” (AMENDED, REPLACES PREVIOUS) b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO.1” (AMENDED, REPLACES PREVIOUS) b. Exhibit “C” entitled “SCHEDULE OF FEES, AMENDMNENT NO.1” (AMENDED, REPLACES PREVIOUS) SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. DocuSign Envelope ID: DD8008CA-71AA-42DF-A78B-4A0B86FE1167 Attachment A City of Palo Alto Contract S20176879 Form Vers.: Aug. 5, 2019 Amendment No. 1 Page 3 of 20 SECTION 5. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) DocuSign Envelope ID: DD8008CA-71AA-42DF-A78B-4A0B86FE1167 Attachment A City of Palo Alto Contract S20176879 Form Vers.: Aug. 5, 2019 Amendment No. 1 Page 4 of 20 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: City Attorney or designee JOHNSON CONTROLS FIRE PROTECTION LP Officer 1 By: Name: Title: Officer 2 (Required for Corp. or LLC) By: Name: Title: Attachments: EXHIBIT "A “entitled “SCOPE OF SERVICES, AMENDMENT NO.1” (AMENDED, REPLACES PREVIOUS) EXHIBIT "B" entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1” (AMENDED, REPLACES PREVIOUS) EXHIBIT "C" entitled “SCHEDULE OF FEES, AMENDMENT NO. 1” (AMENDED, REPLACES PREVIOUS) DocuSign Envelope ID: DD8008CA-71AA-42DF-A78B-4A0B86FE1167 Total Service Manager Willard McCune Matthew Thomas Market Director and General Manager Attachment A ~DocuSigned by: L ~SA~~D-S City of Palo Alto Contract S20176879 Form Vers.: Aug. 5, 2019 Amendment No. 1 Page 5 of 20 EXHIBIT A SCOPE OF SERVICES, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS) Pursuant to this Agreement, CONTRACTOR shall provide the Services detailed in this Exhibit A (Scope of Services). CONTRACTOR shall provide Quarterly, Annual & Five-Year Inspection and Testing on all fire extinguishing systems in City facilities. Contractor will: 1. Provide quarterly inspections for all City buildings, which have Wet Pipe Fire Sprinkler Systems. 2. Provide Quarterly inspections for all City buildings, which have Fire Standpipe Systems. 3. Provide Annual inspections for all City buildings, which have fire suppression systems. 4. Perform a Five-Year test and certification on the fire suppression systems that are due during the three-year contract period. Details of Work Performed: 1. All inspections, maintenance, and services shall be done in accordance with the 2013 Edition of the California Code of Regulations, Title 19, NFPA 25 Chapters 5, 6, & 8. 2. Contractor shall use the inspection forms from the 2013 Edition of the California Code of Regulations. No other forms will be acceptable. 3. Email copies of all competed inspections forms within five days to Dennis Huebner. Email address is dennis.huebner@cityofpaloalto.org. 4. For Annual and Five-Year inspections contractor shall apply the proper inspection stickers as per the CCRs. Scheduling: 1. All inspections will occur within the first two weeks of the month they are due. 2. Quarterly inspections will be done in the months of March, June, September, December. 3. Perform annual inspections in June and December. June and December quarterly inspections shall be included in the annual inspections. 4. The June and December Annual inspections are divided up as follows: June • Rinconada Library • Lucie Stern Children’s Theater • Boy Scouts Building • Golf Course • Ted Thompson Parking Garage • Baylands Interpretive Center DocuSign Envelope ID: DD8008CA-71AA-42DF-A78B-4A0B86FE1167 Attachment A City of Palo Alto Contract S20176879 Form Vers.: Aug. 5, 2019 Amendment No. 1 Page 6 of 20 • MSC – A • MSC – B • MSC – C • Utility Control Center • Fire Station 8 • Arastradero Preserve Buildings • Lot J Parking Garage • Lot R Parking Garage • Rinconada Pool December • Children’s Library • Lucie Stern Community Theater • Lucie Stern Community Center • Art Center • College Terrace Library • Civic Center • Cubberley Wings H & I • Cubberley Auditorium • Cubberley Theater • Parking Lot S/L • Mitchell Park Community Center and Library • Fire Station 3 5. Complete all Five-Year inspection and testing as outlined in specifications. 6. Contractor shall schedule all inspections with the Facilities Management Division at (650) 496- 6915. 7. The performance schedule is provided in Exhibit B (Schedule of Performance). Notifications: 1. When required to do so by a Municipal Code, contractor will notify the local fire authority having jurisdiction in advance of the work start date. 2. Contractor will also notify the local Fire Communications Center and any applicable Central Office Alarm company when conducting system testing and/or repairs. 3. Facilities Management is responsible for notification of all occupants of the property subject to inspection and testing. Deficiencies and Corrections: 1. Contractor shall note deficiencies found during the inspections on the inspection sheet. 2. Minor repairs of less than $500 (labor and materials per system) do not need prior approval of Facilities Management and should be done immediately. DocuSign Envelope ID: DD8008CA-71AA-42DF-A78B-4A0B86FE1167 Attachment A City of Palo Alto Contract S20176879 Form Vers.: Aug. 5, 2019 Amendment No. 1 Page 7 of 20 3. Send a proposal for repairs exceeding $500 to Facilities Management within three days after inspection. In addition to the above, Contractor shall provide repair and correct all the fire sprinkler deficiencies and meet current National Fire Protection Association codes and Palo Alto Fire Department regulations in Lot S/L, Lot R, and Ted Thompson parking garages, as below, consistent with the Services detailed above in this Exhibit A, except as otherwise detailed below. Parking Garage Lot S/L • Replace four hundred and ten (410) ¾” ECLO brass 200 degree Quick Response Upright sprinklers that are corroded, loaded and/or painted. • Replace four hundred and seventeen (417) ½” brass 212 degree SSU sprinkler heads that are corroded, loaded and or painted. • Replace approximately 3’ of 4” sprinkler pipe that is corroded between levels A-B at Stair #1. We include two (2) new flex couplings. • Replace approximately 3’ of 4” sprinkler pipe that is corroded between levels A-B at Stair #2. We include two (2) new flex couplings. • Replace two (2) 2 ½” hose valve caps that are missing at 5th floor. Parking Garage Lot R • Replace one hundred and seventy-six (176) ¾” ECLO brass 200 degree Quick Response Upright sprinklers that are corroded and/or loaded. • Replace two hundred and twenty-seven (227) ½” brass 212 degree SSU sprinkler heads that are corroded and/or loaded. Parking Garage Ted Thompson • Replace ninety (90) ¾” ECLO brass 212 degree Quick Response Pendent sprinklers that are outdated. • Replace four (4) ¾” ECLO brass 212 degree Quick Response Pendent sprinklers that are missing from the spare head cabinet. • Replace one (1) spare head wrench that is missing from the spare head cabinet. • Replace two (2) ½” brass 212 degree SSP sprinkler heads that are missing from the spare head cabinet. • Replace one (1) gauge that is outdated. Note: No charge to customer. DocuSign Envelope ID: DD8008CA-71AA-42DF-A78B-4A0B86FE1167 Attachment A City of Palo Alto Contract S20176879 Form Vers.: Aug. 5, 2019 Amendment No. 1 Page 8 of 20 EXHIBIT B SCHEDULE OF PERFORMANCE (AMENDED, REPLACES PREVIOUS) Schedule A for June 1, 2020 to May 31, 2021 (Year One) Wet Pipe Fire Sprinkler Systems Quarterly Inspection and Annual Inspections: Item Location Address Description of Systems 1. Cubberley Community Center Theater 4000 Middlefield Rd One 2 inlet FDC, Swing FDCCV, OS&Y MCV, alarm CV One riser, Two gauges, One main drain, flow switch and inspector test valve. 2. Cubberley Community Center H & FH Buildings 4000 Middlefield Rd. One 2 inlet FDC, Swing FDCCV, OS&Y MCV, alarm CV One riser, Two gauges, One main drain, flow switch and inspector test valve. 3. Cubberley Community Center Auditorium 4000 Middlefield Rd. One 2 inlet FDC, Swing FDCCV, OS&Y MCV, alarm CV One riser, Two gauges, One main drain, flow switch and inspector test valve. 4. Children’s Theater 1305 Middlefield Rd. One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, alarm CV One riser, Two gauges, One main drain, flow switch, water motor gong and inspector test valve. 1. Lucie Stern Center 1305 Middlefield Rd. One riser, OSY MCV (SCV off Theater riser), Butterfly SCV in storage room, flow switch in ceiling hatch, shares FDC with Community Theater riser. 2. Community Theater 1305 Middlefield Rd. One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, (Shared with Lucie Stern system) OS&Y SCV in attic, alarm CV One riser, Two gauges, One main drain, flow switch, water motor gong and inspector test valve, Four hose drops. 3. Rinconada Library 1213 Newell Rd. One 2 inlet FDC, Swing FDCCV in basement, OS&Y MCV @ riser, alarm CV One riser, Two gauges, One main drain, flow switch, and inspector test valve. 4. Baylands Nature Interpretive Center 2775 Embarcadero Rd. One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, Two gauges, One main drain, flow switch, water motor gong and inspector test valve. 5. Utility Control Center 3241 East Bayshore Rd. One 2 inlet FDC, Wafer FDCCV @ riser, PIV MCV, alarm CV One riser, One gauge, One main drain, flow switch, and inspector test valve. 6. Art Center 1313 Newell Rd. One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, alarm CV One riser, Two gauges, One main drain, flow switch, water motor gong and inspector test valve. Pre-action fire sprinkler system Section off riser 2, Swing CV, OS&Y SV, Alarm CV, Three gauges, Two drains, One FS 7. Municipal Service Center Building A 3201 East Bayshore Rd. Wet pipe fire sprinkler system with hose drops One 2 inlet FDC shared with riser 2, Riser 1 of 2 x-connected, OS&Y SCV, alarm CV, One gauge, One main drain, flow switch, inspector test valve, Two 1 ½” fire hose stations. 8. Municipal Service Center Building B 3201 East Bayshore Rd. Wet pipe fire sprinkler system with hose drops One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, Butterfly SCV @ paint booth, alarm CV One riser, One gauge, One main drain, DocuSign Envelope ID: DD8008CA-71AA-42DF-A78B-4A0B86FE1167 Attachment A City of Palo Alto Contract S20176879 Form Vers.: Aug. 5, 2019 Amendment No. 1 Page 9 of 20 flow switch, inspector test valve, and Three hose drop stations. 9. Municipal Service Center Building C 3201 East Bayshore Rd. Wet pipe fire sprinkler system with hose drops One 2 inlet FDC shared with riser 2, Riser 2 of 2 x-connected, OS&Y SCV, alarm CV, One gauge, One main drain, flow switch, inspector test valve, Two 1 ½” fire hose stations. 10. Ted Thompson Parking Garage 275 Cambridge Avenue One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 11. Lot S/L Parking Garage 445 Bryant St. One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 12. Lot R Parking Garage 528 High Street One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 13. Children’s Library 1275 Harriet St One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 14. Rinconada Pool 777 Embarcadero Road One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 15. College Terrace Library 2300 Wellesley St. One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 16. Arastradero Preserve Buildings 1530 Arastradero Rd. One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 17. Golf Course Club House 1875 Embarcadero Road One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 18. Civic Center 250 Hamilton Avenue Riser 1 of 3 x-connected, shared FDC ET AL, OS&Y SV, Alarm CV, Two gauges, One main drain, FS, ITV Riser 2 of 3 x-connected, Shared FDC ET AL, OS&Y SV, Alarm CV, 10 BFLY SV’s, 12 gauges, 10 MD, 10 FS & ITV, 9 – 1 ½” & 12 – 2 ½” outlet valves, PRV Riser 3 of 3 x-connected, shared FDC ET AL, OS&Y SV, @ riser, One BFLY SV, Three gauges, Three drains, Two FS, ITV, 8 – 2 ½” outlet valves Pre-action fire sprinkler system Section off riser 2, Swing CV, OS&Y SV, Alarm CV, Three gauges, Two drains, One FS Located in garage level A Pre-action fire sprinkler system Section off riser 2, Swing CV, MCV, Two BFLY SV, Alarm CV, Five gauges, Three drains, One FS. Two tampers at 2nd Floor Located in closed for computer room Fire Pump One horizontal centrifugal, Diesel driven 750 GPM, Controller, Jockey pump, Supplied by water main, Churn and flow meter present 19. Mitchell Park Library and Community Center Two 2 inlet FDC, Wafer FDCCV @ riser, PIV MCV, alarm CV One riser, One gauge, One main drain, flow switch, and inspector test DocuSign Envelope ID: DD8008CA-71AA-42DF-A78B-4A0B86FE1167 Attachment A City of Palo Alto Contract S20176879 Form Vers.: Aug. 5, 2019 Amendment No. 1 Page 10 of 20 3700 Middlefield Road valve. 2 HYD 20. Mitchell Park Community Center – Building B 3700 Middlefield Road One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, alarm CV One riser, Two gauges, One main drain, flow switch, water motor gong and inspector test valve. 21. Mitchell Park Community Center – Building C 3700 Middlefield Road One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, alarm CV One riser, Two gauges, One main drain, flow switch, water motor gong and inspector test valve. 22. Fire Station 8 3300 Pagemill Road One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 23. Fire Station 3 799 Embarcadero Road One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, alarm CV One riser, Two gauges, One main drain, flow switch, water motor gong and inspector test valve. Schedule B for June 1, 2020 to May 31, 2021 (Year One) Fire Standpipe Systems Quarterly and Annual Inspections: Item Location Address Description of Systems 1. Lucie Stern Center 1305 Middlefield Road Class II wet standpipe system Domestic supplied, BFLY MCV in basement, 3 – 1 ½” fire hose cabinets (Valves, racks, hoses and nozzles) 2. Children’s Theater 1305 Middlefield Road Class II wet standpipe system Domestic supplied, BFLY MCV in basement, 2– 1 ½” fire hose cabinets (Valves, racks, hoses and nozzles) 3. Boy Scouts Building 1305 Middlefield Road Class II wet standpipe system Domestic supplied, BFLY MCV in Children’s Center, 1– 1 ½” fire hose cabinets (Valves, racks, hoses and nozzles) 4. Cubberley Center Auditorium 4000 Middlefield Rd. Class II wet standpipe system Domestic supplied, BFLY MCV, Serving 2 - 1 ½” fire hose cabinets (Valves, racks, hoses, and nozzles) 5. Cubberley Center Gyms A & B 4000 Middlefield Rd. Class II wet standpipe system Domestic supplied, BFLY MCV, Serving 3 - 1 ½” fire hose cabinets (Valves, racks, hoses, and nozzles) 6. Lot J Parking Garage 520 Webster St. Class II wet standpipe system BFLY MCV, Serving 28 - 1 ½” fire hose cabinets (Valves, racks, hoses, and nozzles) Cabinets also have 2 ½ “ fire hose connections. System has an inline fire pump with an electric motor. 7. Lot S/L Parking Garage 445 Bryant St. Class III dry standpipe system. Two each fire department connections on the Bryant and Florence sides of the garage. One 2 ½” hose connection on each level at each of the three stairwells. 8. Lot R Parking Garage 528 High Street Class III dry standpipe system. Two fire department connections on High Street side of parking garage. One 2 ½” hose connection on each level at each of the two stairwells DocuSign Envelope ID: DD8008CA-71AA-42DF-A78B-4A0B86FE1167 Attachment A City of Palo Alto Contract S20176879 Form Vers.: Aug. 5, 2019 Amendment No. 1 Page 11 of 20 Schedule C for June 1, 2020 to May 31, 2021 (Year One) Five-Year Maintenance Service Test: Item Location Address Description of System 1.. Cubberley Center Gyms A & B 4000 Middlefield Rd. Due: August 2019 Class II wet standpipe system Domestic supplied, BFLY MCV, Serving 3 - 1 ½” fire hose cabinets (Valves, racks, hoses, and nozzles) 2. Rinconada Library 1213 Newell Rd. Due: December 2019 One 2 inlet FDC, Swing FDCCV in basement, OS&Y MCV @ riser, alarm CV One riser, Two gauges, One main drain, flow switch, and inspector test valve. 3. Golf Course Club House 1875 Embarcadero Road Due: September 2020 One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 4. Golf Course Club House 1875 Embarcadero Road Due: September 2020 One 2 inlet FDC shared with riser 2, Riser 1 of 2 x-connected, OS&Y SCV, alarm CV, One gauge, One main drain, flow switch, inspector test valve, Two 1 ½” fire hose stations. Schedule A for June 1, 2021 to May 31, 2022 (Year Two) Wet Pipe Fire Sprinkler Systems Quarterly Inspection and Annual Inspections: Item Location Address Description of Systems 1. Cubberley Community Center Theater 4000 Middlefield Rd One 2 inlet FDC, Swing FDCCV, OS&Y MCV, alarm CV One riser, Two gauges, One main drain, flow switch and inspector test valve. 2. Cubberley Community Center H & FH Buildings 4000 Middlefield Rd. One 2 inlet FDC, Swing FDCCV, OS&Y MCV, alarm CV One riser, Two gauges, One main drain, flow switch and inspector test valve. 3. Cubberley Community Center Auditorium 4000 Middlefield Rd. One 2 inlet FDC, Swing FDCCV, OS&Y MCV, alarm CV One riser, Two gauges, One main drain, flow switch and inspector test valve. 4. Children’s Theater 1305 Middlefield Rd. One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, alarm CV One riser, Two gauges, One main drain, flow switch, water motor gong and inspector test valve. 5. Lucie Stern Center 1305 Middlefield Rd. One riser, OSY MCV (SCV off Theater riser), Butterfly SCV in storage room, flow switch in ceiling hatch, shares FDC with Community Theater riser. 6. Community Theater 1305 Middlefield Rd. One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, (Shared with Lucie Stern system) OS&Y SCV in attic, alarm CV One riser, Two gauges, One main drain, flow switch, water motor gong and inspector test valve, Four hose drops. 7. Rinconada Library 1213 Newell Rd. One 2 inlet FDC, Swing FDCCV in basement, OS&Y MCV @ riser, alarm CV One riser, Two gauges, One main drain, flow switch, and DocuSign Envelope ID: DD8008CA-71AA-42DF-A78B-4A0B86FE1167 Attachment A City of Palo Alto Contract S20176879 Form Vers.: Aug. 5, 2019 Amendment No. 1 Page 12 of 20 inspector test valve. 8. Baylands Nature Interpretive Center 2775 Embarcadero Rd. One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, Two gauges, One main drain, flow switch, water motor gong and inspector test valve. 9. Utility Control Center 3241 East Bayshore Rd. One 2 inlet FDC, Wafer FDCCV @ riser, PIV MCV, alarm CV One riser, One gauge, One main drain, flow switch, and inspector test valve. 10. Art Center 1313 Newell Rd. One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, alarm CV One riser, Two gauges, One main drain, flow switch, water motor gong and inspector test valve. Pre-action fire sprinkler system Section off riser 2, Swing CV, OS&Y SV, Alarm CV, Three gauges, Two drains, One FS 11. Municipal Service Center Building A 3201 East Bayshore Rd. Wet pipe fire sprinkler system with hose drops One 2 inlet FDC shared with riser 2, Riser 1 of 2 x-connected, OS&Y SCV, alarm CV, One gauge, One main drain, flow switch, inspector test valve, Two 1 ½” fire hose stations. 12. Municipal Service Center Building B 3201 East Bayshore Rd. Wet pipe fire sprinkler system with hose drops One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, Butterfly SCV @ paint booth, alarm CV One riser, One gauge, One main drain, flow switch, inspector test valve, and Three hose drop stations. 13. Municipal Service Center Building C 3201 East Bayshore Rd. Wet pipe fire sprinkler system with hose drops One 2 inlet FDC shared with riser 2, Riser 2 of 2 x-connected, OS&Y SCV, alarm CV, One gauge, One main drain, flow switch, inspector test valve, Two 1 ½” fire hose stations. 14. Ted Thompson Parking Garage 275 Cambridge Avenue One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 15. Lot S/L Parking Garage 445 Bryant St. One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 16. Lot R Parking Garage 528 High Street One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 17. Children’s Library 1275 Harriet St One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 18. Rinconada Pool 777 Embarcadero Road One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 19. College Terrace Library 2300 Wellesley St. One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 20. Arastradero Preserve Buildings 1530 Arastradero Rd. One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 21. Golf Course Club House 1875 Embarcadero Road One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 22. Civic Center 250 Hamilton Avenue Riser 1 of 3 x-connected, shared FDC ET AL, OS&Y SV, Alarm CV, Two gauges, One main drain, FS, ITV DocuSign Envelope ID: DD8008CA-71AA-42DF-A78B-4A0B86FE1167 Attachment A City of Palo Alto Contract S20176879 Form Vers.: Aug. 5, 2019 Amendment No. 1 Page 13 of 20 Riser 2 of 3 x-connected, Shared FDC ET AL, OS&Y SV, Alarm CV, 10 BFLY SV’s, 12 gauges, 10 MD, 10 FS & ITV, 9 – 1 ½” & 12 – 2 ½” outlet valves, PRV Riser 3 of 3 x-connected, shared FDC ET AL, OS&Y SV, @ riser, One BFLY SV, Three gauges, Three drains, Two FS, ITV, 8 – 2 ½” outlet valves Pre-action fire sprinkler system Section off riser 2, Swing CV, OS&Y SV, Alarm CV, Three gauges, Two drains, One FS Located in garage level A Pre-action fire sprinkler system Section off riser 2, Swing CV, MCV, Two BFLY SV, Alarm CV, Five gauges, Three drains, One FS. Two tampers at 2nd Floor Located in closed for computer room Fire Pump One horizontal centrifugal, Diesel driven 750 GPM, Controller, Jockey pump, Supplied by water main, Churn and flow meter present 23. Mitchell Park Library and Community Center 3700 Middlefield Road Two 2 inlet FDC, Wafer FDCCV @ riser, PIV MCV, alarm CV One riser, One gauge, One main drain, flow switch, and inspector test valve. 2 HYD 24. Mitchell Park Community Center – Building B 3700 Middlefield Road One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, alarm CV One riser, Two gauges, One main drain, flow switch, water motor gong and inspector test valve. 25. Mitchell Park Community Center – Building C 3700 Middlefield Road One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, alarm CV One riser, Two gauges, One main drain, flow switch, water motor gong and inspector test valve. 26. Fire Station 8 3300 Pagemill Road One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 27. Fire Station 3 799 Embarcadero Road One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, alarm CV One riser, Two gauges, One main drain, flow switch, water motor gong and inspector test valve. Schedule B for June 1, 2021 to May 31, 2022 (Year Two) Fire Standpipe Quarterly and Annual Inspections: Item Location Address Description of Systems 1. Lucie Stern Center 1305 Middlefield Road Class II wet standpipe system Domestic supplied, BFLY MCV in basement, 3 – 1 ½” fire hose cabinets (Valves, racks, hoses and nozzles) 2. Children’s Theater 1305 Middlefield Road Class II wet standpipe system Domestic supplied, BFLY MCV in basement, 2– 1 ½” fire hose cabinets (Valves, racks, hoses and nozzles) 3. Boy Scouts Building 1305 Middlefield Road Class II wet standpipe system Domestic supplied, BFLY MCV in Children’s Center, 1– 1 ½” fire hose cabinets (Valves, racks, hoses and nozzles) 4. Cubberley Center Auditorium Class II wet standpipe system DocuSign Envelope ID: DD8008CA-71AA-42DF-A78B-4A0B86FE1167 Attachment A City of Palo Alto Contract S20176879 Form Vers.: Aug. 5, 2019 Amendment No. 1 Page 14 of 20 4000 Middlefield Rd. Domestic supplied, BFLY MCV, Serving 2 - 1 ½” fire hose cabinets (Valves, racks, hoses, and nozzles) 5. Cubberley Center Gyms A & B 4000 Middlefield Rd. Class II wet standpipe system Domestic supplied, BFLY MCV, Serving 3 - 1 ½” fire hose cabinets (Valves, racks, hoses, and nozzles) 6. Lot J Parking Garage 520 Webster St. Class II wet standpipe system BFLY MCV, Serving 28 - 1 ½” fire hose cabinets (Valves, racks, hoses, and nozzles) Cabinets also have 2 ½ “fire hose connections. System has an inline fire pump with an electric motor. 7. Lot S/L Parking Garage 445 Bryant St. Class III dry standpipe system. Two each fire department connections on the Bryant and Florence sides of the garage. One 2 ½” hose connection on each level at each of the three stairwells. 8. Lot R Parking Garage 528 High Street Class III dry standpipe system. Two fire department connections on High Street side of parking garage. One 2 ½” hose connection on each level at each of the two stairwells Schedule C for June 1, 2021 to May 31, 2022 (Year Two) Five-Year Maintenance Service Test: Item Location Address Description of System 1. College Terrace Library 2300 Wellesley St. Due: October 2021 One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 2. Municipal Service Center Building A 3201 East Bayshore Rd. Due: October 2021 One 2 inlet FDC shared with riser 2, Riser 1 of 2 x-connected, OS&Y SCV, alarm CV, One gauge, One main drain, flow switch, inspector test valve, Two 1 ½” fire hose stations. 3. Municipal Service Center Building B 3201 East Bayshore Rd. Due: October 2021 One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, Butterfly SCV @ paint booth, alarm CV One riser, One gauge, One main drain, flow switch, inspector test valve, and Three hose drop stations. 4. Municipal Service Center Building C 3201 East Bayshore Rd. Due: October 2021 One 2 inlet FDC shared with riser 2, Riser 2 of 2 x-connected, OS&Y SCV, alarm CV, One gauge, One main drain, flow switch, inspector test valve, Two 1 ½” fire hose stations. 5. Ted Thompson Parking Garage 275 Cambridge Avenue. Due: October 2021 One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 6. Utility Control Center 3241 East Bayshore Rd. Due: October 2021 One 2 inlet FDC, Wafer FDCCV @ riser, PIV MCV, alarm CV One riser, One gauge, One main drain, flow switch, and inspector test valve. 7. Civic Center 250 Hamilton Avenue Due: December 2021 Riser 1 of 3 x-connected, shared FDC ET AL, OS&Y SV, Alarm CV, Two gauges, One main drain, FS, ITV DocuSign Envelope ID: DD8008CA-71AA-42DF-A78B-4A0B86FE1167 Attachment A City of Palo Alto Contract S20176879 Form Vers.: Aug. 5, 2019 Amendment No. 1 Page 15 of 20 Riser 2 of 3 x-connected, Shared FDC ET AL, OS&Y SV, Alarm CV, 10 BFLY SV’s, 12 gauges, 10 MD, 10 FS & ITV, 9 – 1 ½” & 12 – 2 ½” outlet valves, PRV Riser 3 of 3 x-connected, shared FDC ET AL, OS&Y SV, @ riser, One BFLY SV, Three gauges, Three drains, Two FS, ITV, 8 – 2 ½” outlet valves Pre-action fire sprinkler system Section off riser 2, Swing CV, OS&Y SV, Alarm CV, Three gauges, Two drains, One FS Located in garage level A Pre-action fire sprinkler system Section off riser 2, Swing CV, MCV, Two BFLY SV, Alarm CV, Five gauges, Three drains, One FS. Two tampers at 2nd Floor Located in closed for computer room Fire Pump One horizontal centrifugal, Diesel driven 750 GPM, Controller, Jockey pump, Supplied by water main, Churn and flow meter present Schedule A for June 1, 2022 to May 31, 2023 (Year Three) Wet Pipe Fire Sprinkler Systems Quarterly Inspection and Annual Inspections: Item Location Address Description of Systems 1. Cubberley Community Center Theater 4000 Middlefield Rd One 2 inlet FDC, Swing FDCCV, OS&Y MCV, alarm CV One riser, Two gauges, One main drain, flow switch and inspector test valve. 2. Cubberley Community Center H & FH Buildings 4000 Middlefield Rd. One 2 inlet FDC, Swing FDCCV, OS&Y MCV, alarm CV One riser, Two gauges, One main drain, flow switch and inspector test valve. 3. Cubberley Community Center Auditorium 4000 Middlefield Rd. One 2 inlet FDC, Swing FDCCV, OS&Y MCV, alarm CV One riser, Two gauges, One main drain, flow switch and inspector test valve. 4. Children’s Theater 1305 Middlefield Rd. One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, alarm CV One riser, Two gauges, One main drain, flow switch, water motor gong and inspector test valve. 5. Lucie Stern Center 1305 Middlefield Rd. One riser, OSY MCV (SCV off Theater riser), Butterfly SCV in storage room, flow switch in ceiling hatch, shares FDC with Community Theater riser. 6. Community Theater 1305 Middlefield Rd. One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, (Shared with Lucie Stern system) OS&Y SCV in attic, alarm CV One riser, Two gauges, One main drain, flow switch, water motor gong and inspector test valve, Four hose drops. 7. Rinconada Library 1213 Newell Rd. One 2 inlet FDC, Swing FDCCV in basement, OS&Y MCV @ riser, alarm CV One riser, Two gauges, One main drain, flow switch, and inspector test valve. 8. Baylands Nature Interpretive Center 2775 Embarcadero Rd. One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, Two gauges, One main drain, flow switch, water motor gong and inspector test valve. DocuSign Envelope ID: DD8008CA-71AA-42DF-A78B-4A0B86FE1167 Attachment A City of Palo Alto Contract S20176879 Form Vers.: Aug. 5, 2019 Amendment No. 1 Page 16 of 20 9. Utility Control Center 3241 East Bayshore Rd. One 2 inlet FDC, Wafer FDCCV @ riser, PIV MCV, alarm CV One riser, One gauge, One main drain, flow switch, and inspector test valve. 10. Art Center 1313 Newell Rd. One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, alarm CV One riser, Two gauges, One main drain, flow switch, water motor gong and inspector test valve. Pre-action fire sprinkler system Section off riser 2, Swing CV, OS&Y SV, Alarm CV, Three gauges, Two drains, One FS 11. Municipal Service Center Building A 3201 East Bayshore Rd. Wet pipe fire sprinkler system with hose drops One 2 inlet FDC shared with riser 2, Riser 1 of 2 x-connected, OS&Y SCV, alarm CV, One gauge, One main drain, flow switch, inspector test valve, Two 1 ½” fire hose stations. 12. Municipal Service Center Building B 3201 East Bayshore Rd. Wet pipe fire sprinkler system with hose drops One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, Butterfly SCV @ paint booth, alarm CV One riser, One gauge, One main drain, flow switch, inspector test valve, and Three hose drop stations. 13. Municipal Service Center Building C 3201 East Bayshore Rd. Wet pipe fire sprinkler system with hose drops One 2 inlet FDC shared with riser 2, Riser 2 of 2 x-connected, OS&Y SCV, alarm CV, One gauge, One main drain, flow switch, inspector test valve, Two 1 ½” fire hose stations. 14. Ted Thompson Parking Garage 275 Cambridge Avenue One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 15. Lot S/L Parking Garage 445 Bryant St. One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 16. Lot R Parking Garage 528 High Street One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 17. Children’s Library 1275 Harriet St One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 18. Rinconada Pool 777 Embarcadero Road One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 19. College Terrace Library 2300 Wellesley St. One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 20. Arastradero Preserve Buildings 1530 Arastradero Rd. One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 21. Golf Course Club House 1875 Embarcadero Road One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 22. Civic Center 250 Hamilton Avenue Riser 1 of 3 x-connected, shared FDC ET AL, OS&Y SV, Alarm CV, Two gauges, One main drain, FS, ITV Riser 2 of 3 x-connected, Shared FDC ET AL, OS&Y SV, Alarm CV, 10 BFLY SV’s, 12 gauges, 10 MD, 10 FS & ITV, 9 – 1 ½” & 12 – 2 ½” outlet valves, PRV DocuSign Envelope ID: DD8008CA-71AA-42DF-A78B-4A0B86FE1167 Attachment A City of Palo Alto Contract S20176879 Form Vers.: Aug. 5, 2019 Amendment No. 1 Page 17 of 20 Riser 3 of 3 x-connected, shared FDC ET AL, OS&Y SV, @ riser, One BFLY SV, Three gauges, Three drains, Two FS, ITV, 8 – 2 ½” outlet valves Pre-action fire sprinkler system Section off riser 2, Swing CV, OS&Y SV, Alarm CV, Three gauges, Two drains, One FS Located in garage level A Pre-action fire sprinkler system Section off riser 2, Swing CV, MCV, Two BFLY SV, Alarm CV, Five gauges, Three drains, One FS. Two tampers at 2nd Floor Located in closed for computer room Fire Pump One horizontal centrifugal, Diesel driven 750 GPM, Controller, Jockey pump, Supplied by water main, Churn and flow meter present 23. Mitchell Park Library and Community Center 3700 Middlefield Road Two 2 inlet FDC, Wafer FDCCV @ riser, PIV MCV, alarm CV One riser, One gauge, One main drain, flow switch, and inspector test valve. 2 HYD 24. Mitchell Park Community Center – Building B 3700 Middlefield Road One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, alarm CV One riser, Two gauges, One main drain, flow switch, water motor gong and inspector test valve. 25. Mitchell Park Community Center – Building C 3700 Middlefield Road One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, alarm CV One riser, Two gauges, One main drain, flow switch, water motor gong and inspector test valve. 26. Fire Station 8 3300 Pagemill Road One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. 27. Fire Station 3 799 Embarcadero Road One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, alarm CV One riser, Two gauges, One main drain, flow switch, water motor gong and inspector test valve. Schedule B for June 1, 2022 to May 31, 2023 (Year Three) Fire Standpipe Systems Quarterly and Annual Inspections: Item Location Address Description of Systems 1. Lucie Stern Center 1305 Middlefield Road Class II wet standpipe system Domestic supplied, BFLY MCV in basement, 3 – 1 ½” fire hose cabinets (Valves, racks, hoses and nozzles) 2. Children’s Theater 1305 Middlefield Road Class II wet standpipe system Domestic supplied, BFLY MCV in basement, 2– 1 ½” fire hose cabinets (Valves, racks, hoses and nozzles) 3. Boy Scouts Building 1305 Middlefield Road Class II wet standpipe system Domestic supplied, BFLY MCV in Children’s Center, 1– 1 ½” fire hose cabinets (Valves, racks, hoses and nozzles) 4. Cubberley Center Auditorium 4000 Middlefield Rd. Class II wet standpipe system Domestic supplied, BFLY MCV, Serving 2 - 1 ½” fire hose cabinets (Valves, racks, hoses, and nozzles) DocuSign Envelope ID: DD8008CA-71AA-42DF-A78B-4A0B86FE1167 Attachment A City of Palo Alto Contract S20176879 Form Vers.: Aug. 5, 2019 Amendment No. 1 Page 18 of 20 5. Cubberley Center Gyms A & B 4000 Middlefield Rd. Class II wet standpipe system Domestic supplied, BFLY MCV, Serving 3 - 1 ½” fire hose cabinets (Valves, racks, hoses, and nozzles) 6. Lot J Parking Garage 520 Webster St. Class II wet standpipe system BFLY MCV, Serving 28 - 1 ½” fire hose cabinets (Valves, racks, hoses, and nozzles) Cabinets also have 2 ½ “fire hose connections. System has an inline fire pump with an electric motor. 7. Lot S/L Parking Garage 445 Bryant St. Class III dry standpipe system. Two each fire department connections on the Bryant and Florence sides of the garage. One 2 ½” hose connection on each level at each of the three stairwells. 8. Lot R Parking Garage 528 High Street Class III dry standpipe system. Two fire department connections on High Street side of parking garage. One 2 ½” hose connection on each level at each of the two stairwells Schedule C for June 1, 2022 to May 31, 2023 (Year Three) Five-Year Maintenance Service Test: Item Location Address Description of System 1. Lucie Stern Center 1305 Middlefield Rd. Due: June, 2022 One riser, OSY MCV (SCV off Theater riser), Butterfly SCV in storage room, flow switch in ceiling hatch, shares FDC with Community Theater riser. 2. Community Theater 1305 Middlefield Rd. Due: June, 2022 One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, (Shared with Lucie Stern system) OS&Y SCV in attic, alarm CV One riser, Two gauges, One main drain, flow switch, water motor gong and inspector test valve, Four hose drops. 3. Cubberley Community Center Theater 4000 Middlefield Rd Due: August 2022 One 2 inlet FDC, Swing FDCCV, OS&Y MCV, alarm CV One riser, Two gauges, One main drain, flow switch and inspector test valve. 4. Cubberley Community Center H & FH Buildings 4000 Middlefield Rd. Due: August 2022 One 2 inlet FDC, Swing FDCCV, OS&Y MCV, alarm CV One riser, Two gauges, One main drain, flow switch and inspector test valve. 5. Cubberley Community Center Auditorium 4000 Middlefield Rd. Due: August 2022 One 2 inlet FDC, Swing FDCCV, OS&Y MCV, alarm CV One riser, Two gauges, One main drain, flow switch and inspector test valve. 6. Lot J Parking Garage 520 Webster St. Due: October 2022 Class II wet standpipe system BFLY MCV, Serving 28 - 1 ½” fire hose cabinets (Valves, racks, hoses, and nozzles) Cabinets also have 2 ½ “ fire hose connections. System has an inline fire pump with an electric motor. 7. Rinconada Pool 777 Embarcadero Road Due: October 2022 One 2 inlet FDC, Swing FDCCV, OS&Y MCV @ riser, One gauge, One main drain, flow switch, water motor gong and inspector test valve. DocuSign Envelope ID: DD8008CA-71AA-42DF-A78B-4A0B86FE1167 Attachment A City of Palo Alto Contract S20176879 Form Vers.: Aug. 5, 2019 Amendment No. 1 Page 19 of 20 In addition to the above, Contractor will provide repair and correct all the fire sprinkler deficiencies, per Exhibit A, at the parking garage locations identified below, according to the following schedule of performance: Item Location Address Description of work Completion from date of Notice To Proceed (NTP) from City 1. Parking Garage Lot S/L replace all the fire sprinkler deficiencies Completed within 60 calendar days 2. Parking Garage Lot R replace all the fire sprinkler deficiencies Completed within 60 calendar days 3. Parking Garage Ted Thompson replace all the fire sprinkler deficiencies Completed within 60 calendar days DocuSign Envelope ID: DD8008CA-71AA-42DF-A78B-4A0B86FE1167 Attachment A City of Palo Alto Contract S20176879 Form Vers.: Aug. 5, 2019 Amendment No. 1 Page 20 of 20 EXHIBIT C SCHEDULE OF FEES (AMENDED, REPLACES PREVIOUS) DESCRIPTION OF TASK NOT TO EXCEED COMPENSATION PER TASK INCLUDING REIMBURSABLES Task 1: Year one Services $41,800.00 Task 2: Year two Services $68,427.00 Task 3: Year three Services $52,261.00 Task 4: Repair and replace fire sprinklers at Parking Garage Lot S/L. $47,440.00 Task 5: Repair and replace fire sprinklers at Parking Garage Lot R. $22,265.00 Task 6: Repair and replace fire sprinklers at Parking Garage Ted Thompson. $9,247.00 Services Sub- Total: $241,440.00 Additional Services (if any, per Section 5): $24,144.00 Maximum Total Compensation: $265,584.00 DocuSign Envelope ID: DD8008CA-71AA-42DF-A78B-4A0B86FE1167 Attachment A City of Palo Alto (ID # 12234) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/7/2021 City of Palo Alto Page 1 Summary Title: Policy and Service Committee Recommends Approval of Rent Forgiveness Program & Budget Amendment Title: Policy and Service Committee Recommends Approval of Rent Forgiveness Program for Tenants in City Buildings and Approve a Budget Amendment in the General Fund From: City Manager Lead Department: Administrative Services Recommendation The Policy and Services Committee recommends that the City Council 1) Approve the expansion of a rent forgiveness program using a COVID-19 impact approach for City tenants for up to three months forgiveness and not to exceed $50,000 per tenant as outlined in this report; and 2) Amend the FY 2021 Budget Appropriation for the General Fund by: a. Decreasing the Non-Departmental COVID-19 Council Reserve appropriation by $744,000, and b. Establishing a Non-Departmental, City Tenant COVID-19 Rent Relief appropriation for $744,000. (simple majority approval) Background At the March 1, 2021 City Council meeting, staff presented and discussed with City Council options for a potential rent forgiveness program for City tenants including nonprofit and for - profit (CMR 11872). City Council approved to forgive three months of rent for active non-profit tenants. Council also approved the eight program qualifications and funding to come from the City Council COVID-19 Council Reserve. Council approve the following qualifications for tenants to participant in this program: 1. The rent forgiveness program is available to those tenants that have satisfied all responsibilities under their existing agreement, have no outstanding delinquencies for any payments due prior to April 1, 2020, and is a current tenant as the date of the application. City of Palo Alto Page 2 2. Tenant must cite section(s) of the County ordinance that restricted tenant’s operations. 3. Rent over $100 per month including operating expenses. 4. Tenants will be required to complete a form describing their impact from the COVID -19 pandemic and provide financial statements demonstrating the amount of reduced business revenue. 5. The business must have had gross revenues of less than $2.5 million in 2019. 6. The business must provide an income statement demonstrating a decline in gross revenue during 1st half of 2020 of at least 50% from 1st half of 2019. 7. If a qualified tenant paid rent during the forgiveness period instead of deferring, it may qualify for rent credits to be used for rent owed in the following three months after the parties agree to an amendment. 8. Tenants that meet all qualifications will be required to enter into an amendment, subject to City Manager approval. The Council approved option had an estimated cost of up to $203,000 (Option C from CMR 11872). City Council also directed the Policy and Services Committee to review a rent forgiveness program for other qualified City tenants (for-profit tenants) with program costs not- to-exceed the $744,000 available in the COVID-19 Council Reserve including the $203,000 already approved from the March 1, 2021 Council action. California Governor Gavin Newsom signed an executive order N-80-20 on September 23, 2020 that protected commercial tenants from being evicted until March 3 1, 2021. Santa Clara County passed an ordinance NS-9.293 on November 3, 2020 extending the temporary moratorium on evictions in Santa Clara County for non -payment of rent by small business tenants through the date of Governor Newsom’s Executive Order N-80- 20 or April 30, 2021, whichever is earlier. California Governor Gavin Newsom signed legislation on March 4, 2021 that extended eviction moratorium through June 30, 2021 for commercial tenants. Under the County’s moratorium, small business tenants have up to six months after the moratorium expires or terminates to repay at least 50% of the past-due rent, and up to 12 months after the moratorium expires or terminates to repay in full the past-due rent. Discussion At the April 13, 2021 Policy and Services (P&S) Committee meeting, staff presented to and discussed with the P&S Committee options for a rent forgiveness program for City tenants beyond those already eligible under the initial program (CMR 12078). The Committee reviewed three different options for the structure, allocation methodology, and amount of rent forgiveness that this extended program could offer. The rent forgiveness program options in this report for the Committees consideration included: • Option 1 – Rent Forgiveness using a pro rata share approach • Option 2 – Rent Forgiveness using a COVID-19 impact approach City of Palo Alto Page 3 • Option 3 – No Rent Forgiveness Further, staff recommended consideration of the following eight qualifications for the establishment of a rent forgiveness program, with some variations to those qualifications approved by the Council on March 1, 2021. To simplify the qualification process staff eliminated the requirement that gross revenue be less than $2.5 million in 2019. Staff also added the requirement that applicants have an active Business Registry account. Tenant statistics were provided as context when considering the program: • The average rent per square foot is approximately $1.50 • The rent per square foot ranges from $0.27 to $5.47 • Over 75% of the City’s for-profit tenants pay less than $2.00 per square foot • 60% of the City’s for-profit tenants rent space at Cubberley Community Center • Over 90% of tenants’ rent is less than $50,000 per month Unanimously the Committee recommends that the City Council approve an expansion of the rent forgiveness program in alignment with Option 2 in CMR 12078 (motion). Option 2 outlined an expanded program that would allow City tenants, not eligible for forgiveness in t he initial program guidelines, including for profit organizations, submit for rent forgiveness using a COVID-19 impact approach for up to three months’ rent and not to exceed $50,000 per tenant. This option will require analysis of financial statements from tenants to demonstrate a minimum of 50% loss in revenue between 2019 to 2020. Tenants would need to provide financials for 2019 and 2020 in their application for staff to determine whether there was a loss revenue greater than 50%. Tenants will be required to complete a form describing their impact from the COVID-19 pandemic and provide financial statements demonstrating the amount of reduced business revenue. Staff provided to the Committee a list of proposed tenants that may be eligible which excludes tenants that already received rent forgiveness from the Council adopted March 1, 2021 program and operational tenants who were not impacted by closures related to the Public Health Order such as cell towers and ground lease tenants. The following qualifications would be required as recommended by the Committee: 1. The rent forgiveness program is available to tenants that have satisfied all responsibilities under their existing rental agreement, have no outstanding delinquencies for any payments due prior to April 1, 2020, and are current tenants as of the date of the application. 2. Tenants must be active in the City of Palo Alto Business Registry. 3. Tenants must cite section(s) of the County’s Public Health Orders that restricted tenant’s operations. 4. Rent must be over $100 per month including operating expenses. City of Palo Alto Page 4 5. Tenants will be required to complete a form describing their impact from the COVID-19 pandemic and provide financial statements demonstrating the amount of reduced business revenue. 6. The business must provide an income statement demonstrating a decline in gross revenue during the first half of 2020 of at least 50% compared to the same period in 2019. 7. If a qualified tenant paid rent during the forgiveness period instead of deferring, the rent may qualify as credits to be used for rent owed in the following three months subject to an approved lease amendment. 8. Tenants that meet all qualifications will be required to enter into a lease amendment to the lease, subject to City Manager approval. Resource Impact The FY 2021 Adopted Operating Budget includes a COVID -19 Council Reserve in the amount of $744,000. On March 1, 2021, as part of CMR #11872, Council approved the use of up to $203,000 to forgive three months of rent for non-profit organizations. This additional for-profit program is estimated to cost $541,000 for a total cost of $744,000 for City tenent rent forgiveness. Actions to allocate the COVID-19 Council Reserve are recommended to provide funding for this rent forgiveness. Depending on implementation, the City may need to reappropriate any remaining unspend funds in FY 2021 to FY 2022 to the completion of this program. The final cost of the program will depend on the number of tenants that apply and qualify for the program. Stakeholder Engagement Staff has reassured tenants who’ve reached out about the rent forgiveness program that they will be contacted with more information once the application is made available on the City’s website. Staff is working diligently with internal departments an d expects to launch the rent forgiveness program for qualified City tenants (for-profit and non-profit) by July 1, 2021. Staff has continued to engage with tenants via telephone and email related to rent forgiveness. Tenants expect to resume business operations per the County’s Public Health Order. Environmental Review The rent reduction programs as proposed are not a project under CEQA per CEQA Guidelines 15061(b)(3). City of Palo Alto (ID # 12292) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/7/2021 City of Palo Alto Page 1 Summary Title: Adoption of ADA Transition Plan Update Title: Adoption of the Americans With Disabilities Act (ADA) Transition Plan Update for City Buildings, Parking Facilities, Parks, and Public Right -of-Way Sidewalks and Curb Ramps From: City Manager Lead Department: Public Works Recommendation The Policy and Services Committee and Staff recommend that Council adopt the Americans with Disabilities Act (ADA) Transition Plan Update. Executive Summary On May 11, 2021, the Policy and Services Committee unanimously recommended Council adoption of the ADA Transition Plan Update. The Americans with Disabilities Act (ADA) is a comprehensive law addressing both employment and the provision of goods and services to persons with disabilities. The ADA addresses all aspects of accessibility including public accommodations in facilities, as well as policies, procedures, and website accessibility. It is the policy of the City of Palo Alto to offer its public programs, services , and meetings in a manner readily accessible to all. Accessible pedestrian improvements, the removal of architectural barriers in City buildings and parks, and the inclusive delivery of services have been progressed with consideration of the needs of people with disabilities. Maintenance of existi ng accessible features has been and will continue to be a priority in City facilities. In an active effort to improve the City’s accessibility, the City hired SZS Consulting Group in 2015 to evaluate and survey all public facilities that hold City programs, services, or activities. Key drivers for this update were new guidance documents for providing accessibility, and new facilities and projects for which the City has taken responsibility since the original plan was prepared in 1992. The final ADA Transition Plan Update focuses on physical barriers in existing City facilities and right-of-way (land or property owned by the City). SZS Consulting Group compiled all recommendations and evaluations in a finalized ADA Self- Evaluation Report (Attachment A). The Transition Plan also includes the Schedules for public facilities and City public right-of-way (PROW), which will be used to help guide the scoping and City of Palo Alto Page 2 budgeting of future Capital Improvement Program (CIP) projects. The Transition Plan presents a vision to improve accessibility in the City of Palo Alto over the next 60 years.1 The Self-Evaluation Report outlines the context of having a Transition Plan and provides recommendations to existing City policies and procedures to ensure all programs, services, or activities are accessible. The Schedule for Public Facilities, Parking, and Parks prioritizes buildings based on the age of the building, planned CIPs, extent of work, and use. The schedule for PROW will be used as a basis for the 30-year, district-by-district sidewalk, curb, and gutter repair program. The Facility Reports identify the deficiencies in each City facility and act as checklists the City can utilize when scoping future CIPs. Databases with all physical barriers assessed in public facilities will be used to track the City’s remediation progress. Background At the May 11, 2021 Policy and Services Committee meeting (Staff Report ID #12148), the Committee unanimously recommended Council adoption of the ADA Transition Plan Update. The ADA, enacted on July 26, 1990, provides comprehensive civil rights protections to persons with disabilities in the areas of employment, state and local government services, transportation, telecommunications, and access to public accommodations. In 1992, the City hired Schirmer Engineering Corporation to create an ADA Transition Plan to comply with Federal ADA regulations issued in July 1991. Since 1993, the City’s capital improvement program has included an annual project, Americans with Disabilities Act Compliance (PF- 93009). This project has been used to fund improvements identified in the 1992 ADA Transition Plan, as well as other improvements brought to the City’s attention. Since the creation of the 1992 plan, the City has acquired new buildings and taken responsibility for the maintenance of additional buildings. At the time of surveying facilities, the City owned or maintained 145 individual buildings, 7 parking garages, 20 surface parking lots, 32 neighborhood parks, and 4 open space preserves that host City programs, services, or activities. The weighted average age of the facilities is about 50 years. Thus, not all facilities were included in the original transition plan nor do they meet current ADA standards as ADA codes have evolved. Even since the facility survey began for this ADA Transition Plan Update, the number of facilities the City is responsible for has changed. For example, Cubberley lease agreements have changed with the Palo Alto Unified School District (PAUSD), and the California Avenue parking lots C-6 and C-7 are designated for the construction of the California Avenue Area garage and Public Safety Building, respectively. Now, the City owns or maintains 139 individual buildings, 8 parking garages, 19 surface parking lots, 32 neighborhood parks, and 4 open space preserves. A 1 Extended timelines to address physical barriers are common in transition plans, given the large capital expenditures required and because some modifications are not feasible until a more comprehensive remodel of a facility is completed. City of Palo Alto Page 3 comprehensive and updated Transition Plan will help to ensure City programs, services, and activities are accessible to the public. On October 26, 2015, the City contracted with SZS Consulting Group to identify potential noncompliant items and other physical barriers at City buildings, parking lots, and recreational facilities (Staff Report ID #6050) where the City provides programs, services, or activities to the public. SZS Consulting Group performed facility surveys and reviewed the City’s pr ogram accessibility. Barrier information surveyed was compiled into facility reports and databases. The Transition Plan will be used to continue efforts by the City to comply with accessibility requirements as established by the ADA, State of California Building Code (CBC) accessibility provisions, PROW Accessibility Guidelines, and case law. Evaluated facilities are listed in Attachment B. Several buildings at the time of proposal were not included in the scope due to planned CIPs such as Fire Station No. 3 (PE-15003) and Fire Station No. 4 (PE-18004). Newly constructed facilities are designed to comply with current ADA standards and CBC accessibility provisions. The Roth Building was also not evaluated due to plans for renovation by the Palo Alto History Museum Board. The following facilities were not evaluated because the City does not provide programs, services, or activities to the public at these locations: Girl Scouts Building, Boy Scouts Building, Avenidas Senior Center, Alma Community Room, Los Altos Treatment Plant, San Francisquito Creek Pump Station, and Matadero Creek Pump Station. Facility surveys and draft reports were completed for each identified facility within SZS Consulting Group’s scope by September of 2017. City staff reviewed the draft reports and SZS Consulting Group drafted a schedule with prioritization of facilities based on public needs, age of facility, budget, and planned CIP projects. Public outreach was conducted for public input on the schedules and public feedback on facilities in May 2019. In 1985, the City conducted a survey that assessed the conditions of the sidewalk network in the City’s PROW and categorized it into 23 districts. The districts were repaired based on the quantity of repairs required. In 2017, the City completed its 30-year district-by-district sidewalk, curb and gutter repair program. Nichols Consulting Engineers (NCE) collected data from 20 percent of the sidewalk network and nearly 60 percent of the curb ramps in 2017. The data was used to put together the Sidewalk Assessment Study to address sidewalk issues, rank the districts based on the greatest need, and estimate future repair costs. The study identifies six major sidewalk distresses categorized into degrees of severity: cracking, patching, vaulting, faulting, spalling, and holes. The 2019 Sidewalk, Curb, and Gutter Repairs project prioritized areas that require prompt action at various locations throughout the City. Future sidewalk maintenance projects will resume the district-by-district repair program utilizing NCE’s order of ranked districts based on the density of priority areas. The Schedule for PROW takes into consideration NCE’s Sidewalk Assessment Study to match the schedule with the 2019 Sidewalk, Curb, and Gutter Repairs project and to plan for the 30-year, district-by-district sidewalk, curb, City of Palo Alto Page 4 and gutter repair program through the Sidewalk Repairs (PO-89003) and Curb and Gutter Repairs (PE-12001) capital projects. The ADA Transition Plan Update focuses on physical barriers in City facilities and the City’s PROW. However, as part of this process, City staff and the consultant evaluated other areas identified in the Department of Justice ADA Best Practices Tool Kit for State and Local Governments (DOJ ADA Best Practices Took Kit) such as general effective communication, emergency communications, website accessibility, and emergency management. City staff is planning to create a task workforce that includes key staff members across various City Departments to draft, address, and implement new policies based on the recommendations outlined in the ADA Self-Evaluation Report. Discussion The development of a Transition Plan is a requirement of both the Americans with Disabilities Act and for implementation of the Rehabilitation Act of 1973. In addition to fulfilling the requirements of federal law, adopting the Transition Plan will help the City schedule and track its progress during renovation projects as a structured checklist. ADA standards have changed since the original 1992 ADA Transition Plan, as has the City’s roster of public facilities, and an updated plan provides better guidance to improve overall accessibility in City public buildings and ROW. Based on the 2010 ADA guidance for public facilities, a Transition Plan requires the following: 1. Identify physical obstacles in the public agency's facilities that limit the accessibility of its programs or activities to individuals with disabilities; 2. Describe in detail the methods that will be used to make the facilities accessible; 3. Specify the schedule for the transition plan; and 4. Indicate the official responsible for implementation of the plan. The final Transition Plan fulfills the requirements listed above and includes the following documents (please note that due to size of the documents, individual document components are provided as hyperlinks in the attachments): 1. Self-Evaluation Report 2. Schedule for Public Facilities, Parking, and Parks 3. Schedule for Public Right-of-Way 4. ADA Facility Reports Self-Evaluation Report The Self-Evaluation Report (Attachment A) includes context and history behind the ADA and requirements for a Transition Plan. Title II of the 2010 ADA standards applies to state and local government entities, and in Subtitle A, focuses on protecting qualified individuals with disabilities from discrimination based on disability in programs, services, or activities provided by state and local government entities. In the Self-Evaluation Report, SZS Consulting Group outlines what determines a qualified individual with disabilities and d efines programmatic City of Palo Alto Page 5 accessibility. SZS Consulting Group reviewed the City’s policies and procedures using the DOJ ADA Best Practices Took Kit. The DOJ ADA Best Practices Tool Kit covers the following categories: 1. ADA Coordinator 2. General Effective Communication Requirements under Title II of the ADA 3. 9-1-1 and Emergency Communications Services 4. Website Accessibility under Title II of the ADA 5. Curb Ramps and Pedestrian Crossings 6. Emergency Management under Title II of the ADA After receiving responses from various departments on the DOJ ADA Best Practices Tool Kit, SZS Consulting Group provided recommendations that staff actively started to pursue. These recommendations apply to a broad group of City departments. Identified individuals in each Department will be part of the City’s taskforce to draft, address, and implement new policies per the recommendations outlined in the matrix. In addition, staff have already undertaken the following actions: • One of the main recommendations under the ADA Coordinator is to es tablish a policy to standardize the investigation of all complaints. Staff is in the process of creating a flowchart of individuals as points of contact to resolve issues brought to the City’s attention. Staff is also working to add a separate category in the City’s 311 application for ADA requests or specific items of concern to ensure that requests from the public are tracked internally and can be routed to the correct point of contact responsible for resolving the request. • Under General Effective Communication Requirements, SZS Consulting Group recommends having closed captioning of public meetings when posted on the City website. This recommendation is expected to be addressed during the City Council Chambers AV Upgrade Project (TE-19001), as part of the scope is to include closed captioning services for recorded public meetings. • The City’s Information Technology (IT) department assigned a staff member to focus on website accessibility to improve the City’s website. A Management Specialist was hired in March 2018 and oversaw website accessibility compliance for each division. The Management Specialist also led the City’s monthly Website Department Group meetings, where they discussed website standards, current issues, and accessible website content. SZS Consulting Group is currently helping to advise the Next Generation Website Core Team and the City’s new website vendor, OpenCities, by reviewing the City’s new design and branding style, page layouts and templates, and page content. SZS Consulting Group was originally scheduled to conduct small audits, or spot checks, throughout the development process. However, due to the COVID -19 pandemic, spot checking was no longer feasible due scheduling conflicts. In order to City of Palo Alto Page 6 continue with a full audit, the Core Team now plans on having SZS review and audit the new website after it goes live. Additionally, they plan to create a transition plan using SZS’s findings. The Self-Evaluation Report also lists functions at each facility in the City that may affect people with disabilities. Most departments include a public-facing counter for transactions and requests for information. Other important functions that affect people with disabilities include information and updates posted on the City website and public meetings su ch as Council Meetings and Board meetings. These listed functions educate staff on which City facilities may need to be prioritized earlier in the Schedule and where City policies may need to be modified to accommodate people with disabilities. Schedules The Transition Plan Schedules are included in Appendi ces B and C of the Self-Evaluation Report. The Schedule for Public Facilities, Parking, and Parks was prioritized based on the age of the facility, extent of corrective work, budget, planned CIP projects, and public input. In the development of the first draft of the Schedule for Public Facilities, Parking, and Parks, facilities were assigned a priority by SZS Consulting Group based on a four-level priority system. Priority 1 – Points of arrival on site (parking lots, connecting walkways, transportation) or projects that have been currently budgeted Priority 2 – Facilities built between 1888 to 2000 that provide programs, services, or activities by the City Priority 3 – Facilities built between 2000 to 2016 or facilities with an unknown construction date Priority 4 – Remaining facilities SZS Consulting Group also took into consideration the facilities that were used most frequently by the largest number of people and based on public outreach feedback. The Schedule for Public Facilities, Parking, and Parks was then further refined based on the type of facility and extent of work measured by the estimated costs to remediate the identified barriers in the facility. One of staff’s goals was to ensure a relatively even amount of work for every five-year block shown on the Schedule for Public Facilities, Parking, and Parks. The total estimated cost is generally larger when a facility has a larger area contributed to programs, services, or activities and is older. For example, although fewer facilities are shown at the end of the Schedule for Public Facilities, Parking and Parks, this is partly due to the higher estimated cost to remediate these facilities. The Schedule for Public Facilities, Parking, and Parks is seen as an adaptive, living document, and changes are expected to occur depending on the City’s progress. Several factors can influence the actual remediation cost such as contracting to complete barriers of the same type. The schedule can also change substantially if accommodations are requested that City of Palo Alto Page 7 reprioritize a building, a change takes place that ensure s programmatic accessibility within a facility, or changes in ownership of a facility. For example, the City returned ownership of Cubberley Community Center Buildings A, B, I and portions of Buildings G and M to the Palo Alto Unified School District. This will decrease the estimated cost of remediation by $314,719, the total estimated costs for identified barriers in the Cubberley buildings the City d oes not lease or own. Similar to the Schedule for Public Facilities, Parking, and Parks, the Schedule for PROW considers the age of the facility. To simplify the process, the City has assumed that all City sidewalks and curb ramps are deficient with respect to ADA. In fact, not all sidewalks and curb ramps are deficient, but this determination creates a simpler schedule since the City is entering a new cycle of the 30-year district-by-district sidewalk, curb, and gutter repair program. Older districts such as Downtown are prioritized first due to the older average age of ramps and sidewalks. Facility Reports and Databases The Facility Reports (Attachment C) identify all physical barriers based on accessibility requirements as established by the ADA and CBC Accessibility provisions. Solutions for each barrier are recommended in each barrier report as suggested by SZS Consulting Group. In each Facility Report, individual barriers are identified, the relevant codes are noted, and recommendations from SZS Consulting Group are included to remediate the issues. Each barrier is also assigned a cost estimate, which in turn is used to understand the order of magnitude for repairs and where to schedule the remediation of barriers in the Schedule for Public Facilitie s, Parking, and Parks. The implementation phase and priority of the barrier is also noted in each individual barrier report. Part of SZS Consulting Group’s scope of work includes providing a database for each of the facilities surveyed. This ensures that the City will be able to mark off which physical barriers have been remediated. The databases also allow the City to regenerate reports as needed to show only “open” items for each facility. Tracking Progress on Remediations Public Works has been keeping track of recent remediations from CIP and other facilities maintenance projects. Due to the lengthy process of completing the ADA Transition Plan Update, some barriers were removed prior to the finalization of the ADA Transition Plan Update. The Public Works Department Engineering Services Division (PWE) created an Excel system for all City staff to access, update, and document the progress on barrier removals as they take place. Project managers are required to enter information pertaining to the project including which barrier was removed, when it was removed, cost for removal, and a photo for documentation. Staff will then update the databases periodically based on the gathered information from departments. Staff will be looking into a more effective, int egrable, electronic means of documenting barrier removals for the long-term. City of Palo Alto Page 8 City individuals who are identified to act in furthering the City’s progress in accessibility will submit progress assessments to Public Works Engineering or a later designated individual overseeing the City’s overall accessibility. The progress assessment will be documentation from the individual on their team’s progress in implementing recommendations from the ADA Self - Evaluation Report. The progress assessments will be submitted annually or when a significant change takes place. The ADA Best Practices Tool Kit provides a consistent method to track the City’s progress on ADA accommodations that are not physical barriers in City facilities. E xisting examples of progress documentation include annual updates on the City’s Information Technology’s progress towards an ADA, WCAG 2.1, and Section 508 compliant website and a n updated review of the ADA Tool Kit self-evaluation questionnaires. Timeline The ADA Transition Plan Schedules will be effective once the Transition Plan is adopted. The Schedule for Public Facilities, Parking, and Parks takes place over 60 years starting in 2021. This timeline was chosen based on the current amount of funding in PF-93009, and is typical for these types of efforts. As noted earlier in this report, the Transition Plan is a living document and these schedules are likely to change over time; for example, due to changes in management of facilities such as Cubberley Community Center. The Schedule for PROW is compiled into a 30-year cycle annual sidewalk, curb, and gutter repair program, in alignment with the City’s annual Sidewalk, Curb and Gutter Repairs Project . The City’s determination of all sidewalks and curb ramps being deficient when compiling the Schedule for PROW ensures all districts are addressed based on the age of the district. Staff will determine which sidewalks and curb ramps in each district need to be repaired each year. City staff is currently tracking curb ramps and sidewalks brought into compliance through the City’s annual maintenance program and other PWE projects. City staff will also be working with the Development Center if a curb ramp or sidewalk in the PROW is required to be fixed with a private development project. Resource Impact No funding is required to approve the ADA Transition Plan itself or the recommendation in this report. Staff recognizes that increased funding will be necessary in order to mitigate barriers outlined in the ADA Transition Reports and will impact funding needs in the Americans with Disabilities Act Compliance (PF-93009) capital improvement program project and future capital projects in departments such as Public Works and Community Services that manage City facilities. Separate capital improvement program projects may be developed to fix identified barriers for a facility, or the mitigation of barriers may be incorporated into annual recurring capital projects. The ADA Transition Plan will aid in budgeting funding for these future capital needs as approved by Council as part of the annual budget process; staff will return to Council if additional appropriations are needed. City of Palo Alto Page 9 Policy Implications Based on SZS Consulting Group’s Self-Evaluation, some City policies may need to be modified or added in order to better accommodate persons with disabilities during programs, services, and activities. Policies may include new procedures or additional training for staff. One such example is having a procedure in place for requesting interpreters and providing alternative formats for City documents. Stakeholder Engagement The approval of Amendment No. 4 (Staff Report ID #8573) added public outreach to SZS Consulting Group’s scope of services. Three public outreach meetings were hosted by the City and led by SZS Consulting Group on the following dates: • Monday, May 13, 2019 at 3 pm at Rinconada Library’s Embarcadero Room • Tuesday, May 14, 2019 at 6 pm at Mitchell Park Community Center’s El Palo Alto Room • Monday, May 20, 2019 at 3 pm at College Terrace Library Staff advertised the meetings through social media, posts on Nextdoor, public print notifications in the Daily Post, and on City webpages such as the Accessibility w ebpage and project webpage. SZS Consulting Group also emailed a list of organizations that work or support individuals with disabilities in Palo Alto or surrounding areas. The list of organizations contacted is included in the Self-Evaluation Report. These public outreach meetings kicked off a 45-day public comment period for the public to provide feedback in-person, by email, or by submitting comments through an online survey. A copy of the online survey is included in the Self-Evaluation Report along with results to some of the questions. Questions were developed to better understand popular areas visited by the various type of users in Palo Alto (residents versus commuters). One question also asked for open feedback regarding a user’s personal experience in City facilities. Some comments received asked for confidentiality, so submitted responses are not included in the Self - Evaluation Report. The survey was also translated to Chinese in order to reach a greater population of residents at the suggestion of a Human Relations Commission member. Environmental Review Approval of the ADA Transition Plan Update is not a project for the purposes of the California Environmental Quality Act (CEQA). Projects including the remediation of physical barriers identified in the Facility Reports may require environmental review due to the facility location and scope. Attachments: • Attachment A - ADA Self-Evaluation Report • Attachment B - Facilities Inventory • Attachment C - Facility Survey Reports ADA SELF-EVALUATION REPORT May 11, 2021 CI T Y of PA L O A L T O , CA L I F O R N I A Attachment A Sacramento Office 770 L Street, Suite 950 Sacramento, CA 95814 Email: Info@szs-consulting.com Tel: 916.669.8750 Fax: 888.211.7441 Silicon Valley Office 2225 E. Bayshore Road, Suite 200 Palo Alto CA 94303 Tel: 866.694.7637 www.szs-consulting.com February 28, 2020 Matt Raschke Senior Engineer Public Works Engineering City of Palo Alto 250 Hamilton Avenue, Palo Alto, CA 94301 Re: ADA SELF-EVALUATION Dear Mr. Raschke, We are pleased to provide this report as a final step in the process to update ADA Transition Plan and Self-evaluation for the City of Palo Alto. Updating the existing Self-evaluation process has brought together City of Palo Alto staff from many departments to provide feedback intended to validate the findings and recommended solutions for barrier remediation. This document provides a comprehensive analysis of policies and practices in reference to locations where programs, services and activities are provided. The resulting recommendations will assist the City to improve access for people with disabilities in a more efficient process to help ensure that existing facilities and future alterations comply with California state access statutes, regulation and US Department of Justice requirements. We are gratified for the opportunity to have completed this project with your team. Regards, Syroun Z. Sanossian, Principal SZS Consulting Group LLC ADA SELF-EVALUATION REPORT TABLE OF CONTENTS 1. INTRODUCTION…………………………………………………. p. 1 2. ADA TITLE II ENTITY REQUIREMENTS……………………… p. 2 3. QUALIFIED INDIVIDUALS AND ELIGIBILITY………………… p. 5 4. PROGRAMMATIC ACCESSIBILITY…………………………… p. 6 5. DISCRIMINATION IN POLICIES AND PRACTICES…………. p. 7 6. EFFECTIVE COMMUNICATION AND ALTERNATE FORMATS………………………………………… p. 8 7. ADA REQUIREMENTS FOR THE SELF-EVALUATION…….. p. 10 8. PUBLIC OUTREACH…………………………………………….. p. 12 9. PALO ALTO PROGRAMS, ACTIVITIES AND SERVICES SPONSORED PROGRAMS AND NON-SPONSORED PROGRAMS………………………………………………………. p. 15 10. RECOMMENDED CHANGES TO POLICIES AND PRACTICES….………………………….…………………………p. 32 11. ADA/CBC TOOLKIT……...………………………….………….. p. 36 APPENDIX A – Public Outreach Questionnaire.………………………….... p. 55 Public Outreach Questionnaire Responses …………….... p .60 B – ADA Transition Schedule for Buildings………………..….. p. 74 C - ADA Transition Schedule for the Public Rights-of-Way…. p. 75 ADA SELF-EVALUATION 2019 UPDATE 1 1. INTRODUCTION The Access Board, the Americans with Disabilities Act (ADA) of 1990 & the 2010 ADA Standards for Accessible Design The Access Board was established by section 502 of the Rehabilitation Act of 1973 (Rehab Act)1. The Board consists of 25 total members, 13 of which are appointed by the President from among the general public and the majority of those members must be individuals with disabilities. The remaining 12 members are the heads of 12 Federal departments and agencies specified by statute, including the heads of the Department of Justice and the Department of Transportation (DOT). Originally, the Access Board was established to develop and maintain accessibility guidelines for facilities designed, constructed, altered, or leased using Federal funds under the Architectural Barriers Act of 1968 (ABA)2. The passage of the ADA in 1990 expanded the Access Board’s responsibilities to “issue minimum guidelines that shall supplement the existing Minimum Guidelines and Requirements for Accessible Design…to ensure that buildings, facilities, rail passenger cars, and vehicles are accessible, in terms of architecture and design, transportation, and communication, to individuals with disabilities”.3 On the other hand, the ADA requires the US Department of Justice (US DOJ) to issue enforceable accessibility standards applicable to facilities subject to ADA title II that are consistent with the ‘‘minimum guidelines’’ issued by the Access Board4, which means it is required to enforce the standards that the Access Board issues. The Americans with Disabilities Act (ADA) became effective on July 26, 1990 and it extended legislation intended to eliminate discrimination against individuals with disabilities in federally funded facilities under the Rehab Act to all activities of State and local governments regardless of whether these entities receive Federal financial assistance. It provides for equal access and equal opportunities for individuals with disabilities to participate in programs, services, and activities provided by public entities such as those offered by the city of Palo Alto. The ADA is divided into five sections, which are referred to as titles. Title I establishes civil rights in employment for individuals with disabilities. Title II requires access to the programs and services of state and local governments, which includes the city of Palo Alto. Title III requires access to public accommodations and commercial facilities − virtually all nonresidential, privately 1 29 U.S.C. 792 2 42 U.S.C. 4151 et seq 3 42 U.S.C. 12204 4 42 U.S.C. 12134(c); 42 U.S.C. 12186(c) ADA SELF-EVALUATION 2019 UPDATE 2 owned buildings and Title IV governs accessibility of telecommunications and Title V contains miscellaneous provisions related to enforcement of the law. The Access Board began revising their 1990 standards in 1994 by establishing an advisory committee composed of members of the design and construction industry, the building code community, and State and local government entities, as well as individuals with disabilities. In 1998, the Access Board added specific guidelines on State and local government facilities5 and building elements designed for use by children. Other updates to the 1990 ADA Standards have been made with the final version being compiled in the 1994 ADA/ABA Guidelines. The 1994 ADA/ABA Guidelines were the culmination of a long-term effort to facilitate ADA compliance by eliminating inconsistencies among Federal accessibility requirements (ADA & ABA Standards) and between Federal accessibility requirements and State and local building codes. In support of this effort, the US DOJ amended its regulation implementing title II and adopted standards consistent with 1994 ADA/ABA Guidelines, naming them the 2010 ADA Standards for Accessible Design. On March 15, 2011, the final rule on the 2010 ADA Standards for Accessible Design became effective to revise the 1990 regulations that implement title II of the ADA that prohibit discrimination on the basis of disability in State and local government services. The final rule was issued in order to adopt enforceable accessibility standards under the ADA that are more consistent with the minimum guidelines and requirements issued by the Access Board, and to update or amend certain provisions of the title II regulation so that they better reflect the Department’s legal and practical experiences in enforcing the ADA since 1991. These new regulations provide a higher degree of clarity to State and local agencies that put forth the effort to comply with the spirit and intent of the ADA. 2. TITLE II ENTITY REQUIREMENTS Title II, Subtitle A covers all programs, services, and activities of state and local government agencies. The City of Palo Alto is covered by the requirements of Title II. The US DOJ regulation implementing title II, 28 CFR 35.103, provides the following: (a) Rule of interpretation. Except as otherwise provided, the 2010 ADA Standards shall not be construed to apply a lesser standard than the standards applied under title V of the Rehabilitation Act of 1973 (29 U.S.C. 791) or the regulations issued by Federal agencies pursuant to that title. 5 63 FR 2000 (Jan. 13, 1998) ADA SELF-EVALUATION 2019 UPDATE 3 (b) Other laws. The 2010 ADA Standards do not invalidate or limit the remedies, rights, and procedures of any other Federal, State, or local laws (including State common law) that provide greater or equal protection for the rights of individuals with disabilities or individuals associated with them. This rule is critical in California, as more stringent statutes such as the Unruh Act (Civil Code 51) and regulations such as Government Code §12900-12996 defined as the California Fair Employment and Housing Act (FEHA) apply. The ADA defines a disability as a physical or mental impairment that limits one or more major life activities (such as walking, hearing, seeing, caring for oneself, speaking, breathing, learning, and working). Under the FEHA, a disability is defined as a physical or mental impairment that only limits (not substantially limits) one or more major life activity, which is a much more broad definition. Disabilities, which limit a major life activity, are identified on an individual basis and are based not on the existence of a disability, but rather the impact that the disability has on an individual. Impairment is identified when the conditions, manner, or duration under which a major life activity can be performed by an individual are limited when compared to most people. Some general types of disabilities or impairment are visual, hearing, mobility, cognitive, psychiatric, speech, learning in nature, in addition to numerous non-visible impairments. The use of the term disability instead of handicap or the phrase individual with a disability instead of "handicapped individual" represents an effort by the US Congress and others to make use of up-to-date, currently accepted terminology that does not define people by their disabilities. As with racial and ethnic epithets, the choice of terms to apply to a person with a disability is overlaid with stereotypes, patronizing attitudes, and other emotional connotations. California vehicle code §22511.9 requires that parking signage installed since the passage of the ADA in 1992 not use the term handicapped. Many individuals with disabilities, and organizations representing such individuals, object to the use of such terms as handicapped or the handicapped. In other recent legislation, Congress also recognized this shift in terminology, e.g., by changing the name of the National Council on the Handicapped to the National Council on Disability (Pub. L. 100- 630). Other comparative illustrations include use of the antiquated term “crippled” rather than disabled or “mentally retarded”, rather than cognitively impaired. The characterization of a person who has an impairment, in comparison to persons with conditions that do not limit one or more major life activities, is illustrated in the following examples: Seasonal hay fever: • a general nuisance for the sufferer • treated with over-the-counter medication ADA SELF-EVALUATION 2019 UPDATE 4 • duration of condition is limited (seasonal) • does not significantly curtail activities Multiple Chemical Sensitivities • severe, dehabilitating symptoms • individual unable to be out in public places • activities significantly curtailed This person has a disability. A broken leg with a cast • Duration of injury limited Activities only moderately curtailed • Normal activities can be performed with certain simple modifications (crutches) A severe leg fracture • Requires multiple surgeries and extensive physical therapy • Lengthy duration of treatment • Activities significantly curtailed • Individual unable to care for themselves This person has a disability. The ADA and FEHA define three general categories of disabilities; as follows: 1) Individuals with commonly regarded disabilities such as chronic medical illnesses, heart disease, cerebral palsy, multiple sclerosis, HIV/AIDS, arthritis or alcoholism, 2) Individuals with a history or record of having such an impairment including cancer survivors, etc. or individuals with a history of treatment for mental illness. Drug addiction is considered a disability but in order to be protected by the ADA, the individual must be either successfully rehabilitated or currently participating in a treatment program. Persons who use methadone as a part of a treatment program are protected, as well as individuals who use controlled substances under the care of a licensed physician. Persons who currently engage in the use of illegal drugs can be denied access to programs, services, or activities, 3) Individuals perceived or regarded as having a disability. These individuals generally have no disability but are discriminated against due to fear, myth or stereotyping. An example of this type of disability is an individual who has severe facial scars as a result of burns, who repeatedly experiences rejection when applying for employment due to his/her physical appearance. This person is protected by the ADA. ADA SELF-EVALUATION 2019 UPDATE 5 Physical characteristics, such as eye color or skin color are not considered to be physical or mental impairments. Disadvantages of an environmental, cultural, or economic nature are also not considered to be physical or cognitive impairments. Age, in and of itself, is not impairment although the elderly comprise the largest percentage of persons with disabilities in the US. The ADA also extends its protection to people who do not have disabilities themselves but are discriminated against on the basis of their association with a person with a disability. A person who experiences this type of discrimination, referred to as associational discrimination has the right to relief under the ADA but is not entitled to request reasonable accommodation in employment, as people who have disabilities themselves are entitled to do. The above-mentioned information is not intended to be an all-inclusive list of disabilities that are covered under the ADA. It is recognized that other conditions may be identified that would fall under these definitions. 3. QUALIFIED INDIVIDUALS AND ELIGIBILITY The presence of a disability is not, in and of itself, an automatic qualification for use of or admittance to any or all programs, services or activities offered by the city of Palo Alto. Persons with disabilities must also possess the qualifications required for participation by other individuals in programs, services and activities. A qualified individual with a disability is defined as an individual who meets the essential eligibility requirements that the public entity has set forth as required to receive benefits and services or participate in its programs or activities. The individual should also be eligible to receive those same benefits and services or participate in those same programs or activities with or without reasonable modifications made to policies, practices, or procedures by the public entity. Reasonable modifications that will enable an individual with a disability to participate in a program, service and activity that Palo Alto provides may include the removal of structural, architectural, communication, or transportation barriers, or the provision of auxiliary aids and assistive devices but a person must first qualify for the basic requirements for participation in the program, service or activity provided. An example of a typical scenario in which this definition of a qualified individual applies is as follows: A city or county provides a program for single parents who are looking for a job and are having difficulty juggling their parental responsibilities and their job search. The program is very successful and many people apply to use the program. One person interested in joining the program is a person with a hearing impairment; she/he applies to use the job placement program created for use by single parents. This particular person with a hearing impairment has a verified disability but is not a single parent and therefore, is not a qualified ADA SELF-EVALUATION 2019 UPDATE 6 individual whose right to participate in the program is protected by the ADA. The person needed to be a single parent in order to make use of the program. For the purposes of employment, a qualified individual with a disability is an individual who can perform the essential functions of the job, either held or sought, with or without reasonable accommodation. No unqualified job applicant or employee with a disability can claim employment discrimination under the ADA. Employees must meet all the requirements of the job and be able to perform the essential functions of the job with or without reasonable accommodation. 4. PROGRAM ACCESSIBILITY Under Title II, a public entity must operate each program, activity, or service in such a manner that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, unless achieving accessibility would cause a fundamental alteration in the nature of the program, activity, or service. This creates a focus on the programs, services and activities that the City of Palo Alto provides, rather than the facilities in which they provide them in. The City is also not required to provide access to programs, services or activities where the mitigation of barriers would result in undue financial or administrative burdens to the entity, or either threaten or destroy the historic significance of an historic facility. In practical terms, this means that pursuing physical barrier removal to improve accessibility is not the only option provided by the ADA for public entities. Other methods such as modifications to policies and practices can be implemented along with, or independent of, physical barrier removal in order to achieve accessible programs, services and activities. This practice is known as program accessibility. Methods used to achieve program accessibility include but are not limited to: relocating services to accessible buildings, providing new equipment, redesigning existing equipment, assigning aides to individuals with disabilities, providing home visits, making alternative formats available, delivering services at alternate accessible sites, altering existing facilities, pursuing physical barrier removal and/or constructing new facilities. An example of how program accessibility can be provided is as follows: a county Health and Human Services Department (HHS) that provides services for Women/Infant/Children (WIC) at five different physical locations. This WIC program is sponsored and funded by the county and federal government, and two of the physical buildings where the WIC program is offered are in parts of the county where no public transportation exists. Under the ADA, the county is not required to make each of the five facilities physically accessible, but instead is required to make sure that the WIC program, when seen in its entirety is accessible. This means that the county must ensure that at least one, but not necessarily all of the locations where the program is offered, are physically accessible to people with disabilities, as well as all able-bodied people. ADA SELF-EVALUATION 2019 UPDATE 7 The goal of the ADA is to achieve full integration of individuals with disabilities into the fabric of society. The ADA does not establish preferences for persons with disabilities, as may be perceived by the public at large. Public entities are obligated to provide the most integrated setting possible. Individuals with disabilities cannot be restricted from participating in general activities where separate programs, services or activities are provided expressly for them. Persons with disabilities should be allowed to participate in programs, services and activities with able- bodied persons. The expectation is that individuals with disabilities be given a choice as to which program, service or activity to participate in. When choosing a method (or methods) to provide program access, a public entity must give priority to the method or methods that result in the most integrated setting appropriate to encourage interaction among all users, including individuals with disabilities. 5. DISCRIMINATION IN POLICIES AND PRACTICES Discrimination against persons with disabilities is prohibited by the ADA in written policies, as well as actual practices. By definition, discrimination can take the form of direct action, actions taken on behalf of the entity under a contractual relationship, such as that between the City of Palo Alto and a consultant to the City, or actions taken by another Title II entity, such as a county or regional transit authority. Discriminatory practices or policies can be explicitly exclusionary, although policies that appear to be neutral can also discriminate. For example: Many persons with vision impairments cannot obtain drivers’ licenses. Since a drivers’ license has become the most common form of personal identification, this poses a problem for persons who cannot obtain a license. Therefore, if a policy is instituted that requires a drivers’ license as the only form of identification that persons can use in order to be allowed to participate in any program, service or activity, the policy may indirectly exclude individuals who due to their disability are unable to obtain a drivers’ license. When a public entity engages in licensing or certification, an individual cannot be denied licensure or certification if the person can meet the eligibility criteria. Also, public entities cannot establish criteria for licensing or certification, which have the effect of limiting participation. If examinations are administered for the certification licensing process, they must take place in a location that is physically accessible to persons with disabilities and in a manner in which persons with vision, hearing or other impairments are provided opportunity to take the examination in the same manner in which other non-disabled persons are provided. Eligibility criteria, which screen out or tend to screen out persons with disabilities, are prohibited unless such eligibility criteria are vital to providing the service or ADA SELF-EVALUATION 2019 UPDATE 8 program. As an example; a program is discriminatory that requires persons with disabilities to be accompanied by an attendant. Neutral rules such as safety requirements are generally allowed even if they screen out individuals with disabilities. As an example, a minimum level of vision is acceptable as a prerequisite for participation in an archery course or other activities where safety constraints exist and vision is required. In addition, it is not permissible for a public entity to charge persons with disabilities a surcharge to offset the costs of providing accessibility. General access to electronic information must also be provided for persons with disabilities, including web accessibility. When necessary, individual accommodations must be made in order to offer programs, services and activities that satisfy this requirement. Accessible programs, services and activities that must be provided include, but are not limited to excursions, seminars or courses necessary to complete instruction. New technologies that enable electronic accessibility are to be evaluated on a regular basis as they become available on the market. 6. EFFECTIVE COMMUNICATION AND ALTERNATE FORMATS The provision of equally effective communication is often one of the greatest challenges to state and local agencies. Section 35.106 requires that the City of Palo Alto take steps that may be necessary to ensure that communications with applicants, participants and members of the public with disabilities are as effective as communication with others. The requirement is to provide appropriate auxiliary aids and services when necessary to afford people with disabilities an equal opportunity to participate in and enjoy the benefits of the City’s program, service or activity. The City also must allow people with disabilities to request an auxiliary aid or service of their choice and the express choice must be given primary consideration by the City 6. Furthermore, the City must honor the choice of alternate format unless it can demonstrate that another effective means of communication exists or that use of the means chosen by the person is not required under the ADA. Honoring the request of the person with disabilities is important because of the range of types of disabilities, the variety of auxiliary aids and services available and different circumstances that require effective communication. For example, many courtrooms are now equipped with computer-assisted transcription which can be very useful auxiliary aids for people that are blind, deaf or hard of hearing but can use speech to communicate, but would be useless for those who communicate using sign language. 6 35.160(b)(2) ADA SELF-EVALUATION 2019 UPDATE 9 There are two major categories of programs, services and activities covered by the ADA: 1. Programs, services and activities involving general public contact as part of ongoing operations of the entity, and 2. Programs, services and activities directly administered by the entity for program beneficiaries and participants. Activities in both categories involve direct communication with the public during public use of the City’s facilities. These activities can include telephone contacts, office walk-ins, interviews or web-based interfaces, etc. This requirement facilitates the goal of inclusion of persons with disabilities but it can be complex. In practical terms, the City of Palo Alto is required to make and provide all of the documents that it makes public in formats that are accessible to people with impairments. Common types of alternative formats provided by public entities include audio format, Braille, electronic text documents that are in HTML (hypertext markup language) format 7 on a CD or other form of portable digital device, not in PDF (portable document format), large print format at min. 18 point in a simple Serif font, providing persons who serve as readers or note-takers at public meetings and videotaping with real-time captioning. This list of possible alternate formats is not all-inclusive. Public entities are required to provide interpreter services for activities unless the provision of such services results in a fundamental alteration in the programs, services and activities offered by the entity, or if the provision of such services constitutes an undue financial burden to the entity. The use of oral and manual interpreters is also an integral part of producing an accessible learning environment. Qualified interpreters must be used and must be able to interpret effectively, accurately and impartially. Interpreters should be able to receptively and expressively interpret as well as possess expertise in any necessary specialized vocabulary. An interpreter is necessary when the information imparted is complex or lengthy in nature. Factors to take into consideration when deciding whether or not to provide an interpreter are the context of the event, the number of people involved and the importance of the information involved. An example of when an interpreter is necessary is for a patient with a disability in a health clinic where serious medical information must be discussed. Another situation may not require an interpreter, 7 Documents that are intended to be read by the visually impaired using software require alt tags that the software can read and audibly communicate to the user. These tags cannot currently be added to documents saved in PDF but are usable when posted in HTML. ADA SELF-EVALUATION 2019 UPDATE 10 such as that of a visitor with a hearing impairment who purchases food at a cafeteria or persons who must pay a parking ticket who can be adequately served by use of a paper and pencil, even though the particular person normally uses sign language to converse. 7. ADA REQUIREMENTS FOR THE SELF-EVALUATION Section 35.105 of the Americans with Disabilities Act requires a public entity to perform a Self-Evaluation prior to 1995, and the City of Palo Alto was incorporated on April 23, 1894. An original ADA Transition Plan and Self-Evaluation was completed in 2001 by City staff, which has been reviewed and incorporated into this update. SZS has created this updated Self-Evaluation using an adaptation of the ADA Tool Kit from the US DOJ that includes requirements specific to California statue and regulation. The adapted ADA Tool Kit is entitled the ADA/California Code of Regulations Title 24 - Best Practices Tool Kit for State and Local Governments (Tool Kit). The updated ADA Transition Plan is contained in a separate document. The regulations governing this Self-Evaluation are based on those originally found in Section 504 of the Rehabilitation Act of 1973 and the 1991 ADA Standards. The 2010 ADA Standards for Accessible Design did not change the requirements for the Self-Evaluation update. According to the US DOJ’s ADA Title II Regulations published on September 15, 2010, a Self-Evaluation must provide the following basic requirements: • A public entity shall evaluate its current services, policies, and practices, and the effects thereof and to the extent that modification of any such services, policies, and practices is required, the public entity shall proceed to make the necessary modifications. • A public entity shall provide an opportunity to interested individuals, including individuals with disabilities and organizations representing individuals with disabilities, to participate in the Self-Evaluation process by submitting comments. • A public entity, which employs 50 or more individuals, shall, for at least three years following completion of the Self-Evaluation, maintain on file and make available for public inspection: 1) A list of the interested individuals consulted, 2) A description of areas examined and any problems identified, 3) A description of any modifications made. ADA SELF-EVALUATION 2019 UPDATE 11 • If a public entity has already complied with the Self-Evaluation requirement mandated when implementing Section 504, then the requirements of this section shall apply only to those policies and practices that were not included in the previous Self-Evaluation. The basic function of the Self-Evaluation is to ensure that policies and practices that govern the programs, services and activities that the City of Palo Alto provides are not discriminatory. Department of Justice regards the process of creating an ADA Transition Plan and Self-Evaluation as a good faith effort to comply with ADA Title II requirements. The information about physical barriers detailed in the updated ADA Transition Plan is essential to this Self-Evaluation. The physical barrier data must be correlated with the programs, activities and services provided in those same physical locations to create an overall view of how programs, activities and services function at these facilities while defining where physical alterations must take place or changes to policies and procedures must be made to provide access. The ADA intended public entities to combine an evaluation of their physical environment in with an evaluation of the associated policies and procedures, so that a public entity could be seen as a functioning whole. Policies and procedures that govern programs, activities and services may be non- discriminatory, but if the facility they are located in is not accessible, persons with disabilities may be excluded from participating in those programs, services and activities. That concept is also true for the reverse; if facilities are physically free of barriers, there may be discriminatory policies or practices that prevent persons with disabilities from making use of the otherwise accessible facilities. This Self-Evaluation is part of an update process to provide a comprehensive ADA Transition Plan and Self-Evaluation that combines the physical assessment of City buildings and parks. Phase I of this update process was completed on September 12, 2018 and included City buildings, parks and parking facilities. The field updated investigations provided data intended to correlate physical access with policies and practices addressed in the ADA Self-Evaluation. The 2010 ADA Standards require that a Self-Evaluation provide a description of areas examined and any problems identified, and the description of any modifications made. The comprehensive ADA Transition Plan will provide the systematic and detailed presentation of each barrier that must be removed along with the annual phase in which the barrier will be removed, in order to ensure that programs, services and activities are accessible to people with disabilities. The barriers identified within the updated ADA Transition Plan will be prioritized and organized into mitigation phases within a paper document in binder format and within the MS Access® database to correlate physical barrier removal over a period of annual phases that correspond to the city’s budgetary constraints. The Self-Evaluation will outline policies and practices that will improve access where ADA SELF-EVALUATION 2019 UPDATE 12 physical barrier removal cannot be used to improve access through the process of program accessibility. A Public Notice 8 was posted as a news release at the outset of the process and the City website has posted regular updates to the process throughout. The intent of the notice was to inform the general public that this ADA Transition Plan update process had been initiated. These notices form part of the public Statement of Commitment, which is required of each public entity that performs this process to provide more accessible facilities. Once the ADA Transition Plan/Self-Evaluation process begins, the Statement of Commitment and Public Notices serve as evidence of a good faith effort to improve access. Once the process is complete and the ADA Transition Plan/Self-Evaluation is in place, implementation of the transition plan and documentation of such implementation is essential to ensure that the public remains aware of progress being made by the City of Palo Alto to improve access. Compliance is not a static condition; programs, services and activities change or grow, and facilities are altered and built over time. This change is typical and it requires on-going monitoring and review by the City to ensure continued compliance. SZS has adapted this Toolkit for use in California within the ADA regulatory framework, based on state regulations, statutes and case law to help ensure that California communities better understand the issues involved in providing equal access for people with disabilities, not only under the ADA but in concert with our stringent state requirements. The intent of this Toolkit is to learn: • The role and responsibility of an ADA Coordinator; • How to identify red flags that indicate that programs, services and activities may have common ADA or CCR Title 24 compliance problems; and • How to remove the barriers and fix the common compliance problems identified. City departments and staff members with responsibility for producing effective communication, carrying out ADA Coordinator duties, providing website access, emergency services and other tasks have filled out the checklists and completed the self-tests contained in the documents provided. 8 §35.106 Notice ADA SELF-EVALUATION 2019 UPDATE 13 8. PUBLIC OUTREACH The City of Palo Alto understands the value of public input and sought to include people with disabilities in this process. An opportunity for interested individuals to participate in the self-evaluation and transition planning processes by submitting comments was provided through public outreach. SZS assisted the City of Palo Alto in this process to develop questionnaires, a presentation for the public outreach meetings and held the presentations at each meeting. Designated City staff was present to answer questions and provide input on information that was presented. The public meetings were advertised in the local newspaper (The Daily Post), at local senior centers and the local Independent Living Centers. A questionnaire was developed to gather input in a web-based format with alternate formats provided, including large print paper format and MS Word files available on flash drives to those who requested the alternate format to be mailed. Braille format questionnaires were also available upon request. The public outreach questionnaire was advertised on the City website and made available to the public by use of flyers provided in conspicuous locations within City buildings and was available in a paper format and large print format at each of the three public outreach meetings. Three separate public outreach meetings were held on the following dates: Monday, May 13, 2019 at 3 pm held at the Rinconada Library Tuesday, May 14, 2019 at 6 pm held at the Mitchell Park Community Center Monday, May 20, 2019 at 3 pm held at the College Terrace Library The questionnaire was available for a 45-day comment period from May 13, 2019 to June 28, 2019. The public outreach meetings were advertised with the following organizations: Abilities Unites www.AbilitiesUnited.org 525 East Charleston Road, Palo Alto, CA 94306 Avenidas https://www.avenidas.org Cubberley Community Center, 4000 Middlefield Rd, #1-2, Palo Alto, CA 94303 ADA SELF-EVALUATION 2019 UPDATE 14 ARC of San Francisco http://www.thearcsf.org 1500 Howard Street San Francisco, CA 94103 California Council of the Blind http://ccbnet.org/drupal7/ 2143 Hurley Way, Suite 250 Sacramento, CA 95825 California Disability Services Association http://www.cal-dsa.org 1107 9th Street, Suite 540 Sacramento, CA 95814 Canine Companions for Independence 2965 Dutton Avenue, Santa Rosa, CA 95402 Community Living Campaign https://www.sfcommunityliving.or g 1663 Mission Street, Suite 525 San Francisco, CA 94103 Deaf Counseling Advocacy and Referral Agency (DCARA) https://dcara.org 14895 E 14th Street, Suite 200, San Leandro, CA 94578 Deaf Services of Palo Alto http://dspa.org PO Box 60651, Palo Alto, CA Disability Resource Agency for Independent Living http://www.drail.org/index.html 920 12th Street Modesto, CA 95354 Disability Rights CA http://www.disabilityrightsca.org 1831 K St, Sacramento CA Department of Rehabilitation (DOR) 800 Menlo Ave, #122, Menlo Park, CA Goodwill of Silicon Valley http://www.goodwillsv.org 1080 North 7th St. San Jose, CA 95112 Hearing and Speech Center of N. California https://www.hearingspeech.org/a bout-us/contact-us/ 1234 Divisadero St, San Francisco, CA 94115 In Home Support Services - SF http://www.sfihsspa.org/sfihss/ 832 Folsom Street, 9th Floor San Francisco, CA 94107 Lighthouse for the Blind and Visually Impaired http://lighthouse-sf.org 1155 Market Street, 10th Floor San Francisco, CA 94103 Momentum for Mental Health https://www.momentumformental health.org 438 N. White Rd., San Jose, CA 95127 ADA SELF-EVALUATION 2019 UPDATE 15 Parents Helping Parents, Inc. http://www.php.com 1400 Parkmoor Ave, Ste 100, San Jose, 95126 San Andreas Regional Center http://www.sarc.org Santa Clara County, 6203 San Ignacio Ave, Ste 200, San Jose, CA 95119 Senior and Disability Action https://sdaction.org 1360 Mission Street #400 San Francisco, CA 94103 Silicon Valley Independent Living Center (SVILC) http://www.svilc.org 25 N. 14th St., San Jose, CA 95112 State Independent Living Council https://www.calsilc.ca.gov 1600 K Street, Suite 100, Sacramento, CA 95814 Toolworks https://www.toolworks.org 25 Kearny Street, Suite, 400, San Francisco, CA 94108 US Dept. Veterans Affair - Palo Alto Polytrauma and Blind Rehabilitation Center https://www.polytrauma.va.gov/fa cilities/Palo_Alto_PTRP.asp 3801 Miranda Ave., Palo Alto, CA 94303 Vista Center for the Blind and Visually Impaired 2500 El Camino Real, Suite 100, Palo Alto, CA 94306 The questionnaire and the responses compiled are provided in Appendix A. 9. PALO ALTO PROGRAMS, ACTIVITIES AND SERVICES SPONSORED PROGRAMS AND NON-SPONSORED PROGRAMS The City of Palo Alto has contracted with SZS to assist with the task of producing an ADA Self-Evaluation as an update to the existing City of Palo Alto ADA Transition Plan and Self-Evaluation in compliance with both the Americans with Disabilities Act (ADA) requirements and the California Code Requirements Title 24 (CCR) that contains the state accessibility standards. Both the information regarding physical barriers identified in the field investigation and the information obtained from the public directly affect the programs, services and activities provided by the City of Palo Alto. This section of the document identifies these programs, services and activities provided. Programs, services and activities offered by the City of Palo Alto have been researched and an inventory of City programs, services and activities has been compiled. Please note: the following information may not be a complete list due to ADA SELF-EVALUATION 2019 UPDATE 16 facilities added to the City's inventory after facilities were evaluated or facilities not included due to planned construction or lease agreements. CITY FACILITY # FACILITY NAME ADDRESS 1 Animal Services 3281 E. Bayshore Rd. 2 Arastradero Preserve Gateway Facility and Preserve 1530 Arastradero Rd. 3 Art Center 1313 Newell Rd. 4 Baylands, Athletic Center and Preserve 1775 Embarcadero Rd., 1900 Geng Rd., 2500 Embarcadero Rd., 2560 Embarcadero Rd. , 2775 Embarcadero Rd. 5 Children's Library 1275 Harriet St. 6 Children's Theater & Girl Scouts Building 1305 Middlefield Rd. 7 Civic Center 250 Hamilton Ave. (Police Department - 271 Forest Ave.) 8 College Terrace Library 2300 Wellesley St. 9 Cubberley Community Center 4000 Middlefield Rd. 10 Downtown Library 270 Forest Ave. 11 Firestation #1 (University Park) 301 Alma St. 12 Firestation #2 (Mayfield) 2675 Hanover St. 15 Firestation #5 (Arastradero) 600 Arastradero Rd. 16 Firestation #8 (Foothills Park) 3300 Page Mill Rd. 17 Green Waste Facility 2000 Geng Rd. 18 Junior Museum & Zoo 1451 Middlefield Rd. 19 Landfill Facility 2380 Embarcadero Rd. 20 Lucie Stern Community Center 1305 Middlefield Rd. 21 Mitchell Park Library 3700 Middlefield Rd. 22 Mitchell Park Community Center 3700 Middlefield Rd. 23 Municipal Service Center (MSC) 3201 E to 3241 Bayshore Rd 24 Palo Alto Airport Terminal Building (Portables) 1925 Embarcadero Rd. 25 Rinconada Library 1213 Newell Rd. 28 Ventura Community Center ( PA Comm Childcare - 1992 TP) 3990 Ventura Ct. 29 Water Quality Control Plant 2501 Embarcadero Way 30 Williams House 351 Homer Ave. 31 Winter Lodge (Community Skating - 1992 TP) 3005 Middlefield Rd. 32 Parking Garage - Lot B 531 Ramona St. 33 Mid-Town Parking Lot Midtown Ct. off Colorado Ave. 34 Emerson / Lytton Lot A 401 Ramona St. 35 Ramona/Lyttton Lot C 451 Ramona St. 36 Hamilton / Waverley Lot D 375 Hamilton Ave. ADA SELF-EVALUATION 2019 UPDATE 17 37 Gilman / Bryant Lot E 642 Gilman St. 38 Florence / Lytton Lot F 415 Florence St. 39 Gilman / Waverley Lot G 643 Gilman St. 40 Cowper / Hamilton Lot H 530 Cowper St. 41 Parking Garage - Lot J (Cowper/Webster) 520 Webster St. 42 Lytton / Waverley Lot K 351 Lytton Ave. 43 Emerson / Ramona Lot N 539 Emerson St. 44 Emerson / High Lot O 460 Emerson St. 45 High / Hamilton Lot P 551 High St. 46 Parking Garage - Lot Q (under residential) 430 High St. 47 Parking Garage - Lot R (High Street) 528 High St. 48 Parking Garage - Lot S/L (Bryant Street) 445 Bryant St. 49 Lytton / Kipling Lot T 450 Lytton Ave. 50 California Avenue BD Lot 1 276 Cambridge Ave. 51 California Avenue BD Lot 2 370 Cambridge Ave. 52 California Avenue BD Lot 3 275 Cambridge Ave. 53 California Avenue BD Lot 4 391 Cambridge Ave. 54 Cambridge Parking Garage (Lot 5) 400 Cambridge St. 55 California Avenue BD Lot 6 250 Sherman Ave. 56 California Avenue BD Lot 7 350 Sherman Ave. 57 California Avenue BD Lot 8 450 Sherman Ave. 58 California Avenue BD Lot 9 2350 Birch St. 59 Civic Center Office Building Public Parking 250 Hamilton Ave. 60 Ted Thompson Parking Garage 275 Cambridge St. 63 Bol Park 3590 Laguna Ave 64 Boulware Park 410 Fernando Ave 65 Bowden Park Alma Street at North California Avenue 66 Bowling Green Park / (Lawn Bowling - 1992 TP) 474 Embarcadero Road 67 Briones Park and Restrooms (Juana Briones Park) 609 Maybell Ave. (Arastradero at Clemo Ave.) 68 Byxbee Park and Restrooms 2375 Embarcadero Road, 2380 Embarcadero Rd. 69 Cameron Park 2101 Wellesley Street 70 Esther Clark Park Old Adobe Rd off of Arastradero Rd 71 Cogswell Plaza 264 Lytton Ave 72 El Camino Park, Restrooms, and Scorekeeper Facility 100 El Camino Real 73 Eleanor Pardee Park 851 Center Drive 74 El Palo Alto Park 117 Palo Alto Avenue 75 Foothills Park 3300 Page Mill Rd. ADA SELF-EVALUATION 2019 UPDATE 18 76 Gamble Garden Center 1431 Waverley St. 77 Golf Course 1875 Embarcadero Rd. 78 Greer Park and Restrooms 1098 Amarillo Ave. 79 Heritage Park 300 Homer Ave 80 Hoover Park and Restrooms 2901 Cowper St. 81 Hopkins Creekside Park Palo Alto Avenue 82 Johnson Park Everett and Waverley 83 Kellog Park Waverley at Embarcadero Road 84 Mayfield Park 2300 Wellesley Street 85 Mitchell Park and Restrooms 600 E. Meadow Dr. 86 Monroe Park Monroe and Miller Avenue 87 Peers Park, Clubhouse and Restrooms 1899 Park Ave. 88 Ramos Park 800 East Meadow Dr 89 Rinconada Park 777 Embarcadero Rd. 90 Robles Park 4116 Park Boulevard 91 Scott Park Scott Street at Channing Avenue 92 Seale Park and Restrooms 3100 Stockton Place 93 Stanford - Palo Alto Playing Fields and Restrooms 2700 El Camino Real 94 Terman Park 655 Arastradero Road 95 Sarah Wallis Park 202 Ash Street at Grant Avenue 96 Weisshaar Park 2300 Dartmouth Street 97 Werry Park 2100 Dartmouth Street Some programs, services and activities provided in facilities owned by the City of Palo Alto are not sponsored by the City. In terms of accessibility, those programs have the same requirements as do the City-sponsored programs. The identification of location, function and persons served by each program, service and activities is essential to fully completing this process and providing a useful Self-Evaluation document. With that information, the identification and evaluation of the policies and practices that govern the administration of these programs, activities, and services can be performed. City facilities are locations where many sponsored and non-sponsored City programs, services and activities take place. The list below contains specific programs that take place at specific locations to assist the City in applying programmatic access, which may include relocation of programs to accessible locations, among other options. Each City facility is not listed below, as many facilities provide basic services such as parking provided at parking lots or structures. Parks and recreation areas provide varied programs, as described below. Administrative services are also provided in the Civic Center building, which streamlines the provision of program access. Where one meeting room is not ADA SELF-EVALUATION 2019 UPDATE 19 accessible, another can be scheduled for use that is equipped with accessible features. The City provides the following list of programs, services and activities, and policies administered by the City as indicated in the chart below. PROGRAM, SERVICE or ACTIVITY ADDRESS DESCRIPTION PHYSICAL or WEB- BASED? PLANNING DEPARTMENT Building Department Services 285 Hamilton Ave # 1 (across from Civic Center) Administer/Supervise all Building Operations, Maintain public counter, Inspect Residential & Commercial Construction, Inspect/Issue Certificates of Occupancy, Assist homeowners in code compliance, Process permit applications, Review residential & commercial plans Physical Development Services 285 Hamilton Ave # 1 (across from Civic Center) Review project plans for compliance with applicable codes for public and private development projects, Issue no- parking signs, Maintain reception area and counter operations/staffing, Manage application appointments/scheduling, manage all application submittals and routing, Project coordination, Over-the-counter permits, Handle and route ADA Requests, Perform residential and commercial building inspections, Coordinate certificates of occupancy, Project facilitation, In- field plan revisions, Handle Stop work orders, Provide construction engineering support, Maintain/update inspector guidebooks and checklists Physical Planning Administration Services 250 Hamilton Ave Maintain public information and public counter, Maintain information on City website, Respond to complaints, Process entitlements through public hearing process, Process applications over the counter, Answer phones and schedule meetings, Handle and resolve public record requests, Update and manage department website, Distribution of Census Physical/Web ADA SELF-EVALUATION 2019 UPDATE 20 Planning/Environmental Services Service/Activity Publish various environmental documents, Prepare and publish public comments, Hold meetings with consultants/contractors Physical Code Enforcement 250 Hamilton Ave Respond/investigate violations of city municipal code (RMC) and zoning, Provide clarification of city municipal code (RMC) and zoning, Review and approve after hours construction permits and construction parking permits, Manage Construction Waste and Diversion Program, Education and outreach to the public, Manage 311 application, Provide backup support at the counter. Physical/Web PaloAlto311 N/A Provides phone number and website where the public can report street issues to request repairs, etc. Web PUBLIC WORKS DEPARTMENT Engineering Counter Services 285 Hamilton Ave #1 (across from Civic Center) Maintain public information and public counter, Administer City specifications and improvement standards, Review environmental impact documents, Maintain AutoCAD mapping system, Maintain city-wide base map & benchmark system, Counter services for proposed projects/entitlements/permit applications Physical Engineering Public Counter Services 250 Hamilton Ave Retain and administer design contracts, Monitor and maintain CIP projects, Perform basic review of hydrology impacts (pre- and post-flows/volumes from proposed projects, Respond to public concerns or complaints, Provide public outreach for CIPs Physical Zero Waste Palo Alto Online access only Provides information on waste programs provided by the City via webpage updates, social media, emails, physical flyers, and handouts, Manage Household Hazardous Waste Program, Refuel Your Fun campaign, Reuse Cabinet program, and other associated programs, outreach and events, Update and maintain Zero Waste and Household Hazardous Waste websites Physical/Web ADA SELF-EVALUATION 2019 UPDATE 21 The Creek Monitor Website Web Website that provides information on the San Francisquito Creek Watershed Early Flood Warning System and provides information on weather reporting for the area surrounding the creek Web TRANSPORTATION DEPARTMENT Public Counter Services 250 Hamilton Ave Respond to public requests for information, Address and respond to public concerns and issues by email, phone, or in- person Physical Transportation Planning and Engineering Services 250 Hamilton Ave Collect data and feedback or roadway safety and operation decisions, Review traffic control plans submitted for private and public construction projects Physical/Web Safe Routes to School 250 Hamilton Ave Manage and monitor Safe Routes to School Program, Distribute Walk n' Roll maps, Educate students on alternative modes of Transportation to school through school events and related activities, Provide program data and educational resources online Physical/Web East Palo Alto Caltrain Shuttle Scofield Ave Shuttle services between East Palo Alto Caltrain and Woodland Neighborhood Scofield Ave Physical Caltrain Shuttle 425 Hamilton Shuttle services between East Palo Alto Caltrain Shuttle and InnVision Ministry Food Bank Physical Caltrain Shuttle Palo Alto City Hall Shuttle services between East Palo Alto Caltrain and Palo Alto City Hall Physical Caltrain Shuttle Alma and University East Palo Alto Caltrain Shuttle to Palo Alto Caltrain Station Physical Caltrain Shuttle University and Middlefield Shuttle services between East Palo Alto Caltrain and Lytton Gardens Senior Center ADA SELF-EVALUATION 2019 UPDATE 22 FIRE DEPARTMENT Fire Prevention and Suppression Various fire stations across Palo Alto Perform code enforcement functions, Inspect and perform plan review, Visit schools to perform inspections, Perform fire station inspections and meet with staff, Provide public education and training Physical LEGISLATIVE DEPARTMENTS City Manager’s Office 250 Hamilton Avenue Hold Citizens Academy, Hold committee meetings, Produce press releases and articles, Provide information over the counter, Take feedback from the City website, Manage social media for City (Twitter, Facebook, Nextdoor, etc.) Physical City Council and Chambers 250 Hamilton Avenue Hold council and other public meetings, Hold “State of the City Addresses” Physical Clerk Services 250 Hamilton Avenue Clerk Council and Council Standing Committee Meetings, Produce and publish Council and Council Standing, Committee Agenda Packets, Provide Public Noticing, Process and coordinate Public Records Requests, Coordinate with County Registrar of Voters for City Elections, Maintenance of Municipal Code, Oversee Board & Commission vacancy and appointment process, Hold Administrative Hearings, Receive summons, subpoenas & complaint claims, Certification of Life for Foreign Citizens, Hold Appeal Hearings, Process Ceremonial Document Requests, Provides public access to various types of public records, Coordinate meetings with the public and council members, School tours Physical and Web COMMUNITY SERVICES DEPARTMENT Recreation Service Provide recreation classes, sports leagues, Provide pre-school and after-school programs, Administer park & facility rentals Physical Parks Service Volunteer restoration programs; Nature interpretive programs, Ranger patrol services, Open Space and Park maintenance Physical ADA SELF-EVALUATION 2019 UPDATE 23 services; Irrigation management and repair; Community Garden Program; Golf course and cafe management Housing Services 250 Hamilton Ave Administer Below Market Rate (BMR) programs through Palo Alto Housing, Respond to inquiries over the counter, Publish information on City website, Provide social services and/or other direct support to individuals and households in need of assistance, Assist businesses and organizations with small business loans, facade improvements, and other initiatives, Assist in improving public facilities and infrastructure, Assist those with housing rehabilitation improvements of single and multi-unit housing Physical Public Art Program Services Various locations Organize artist talks and public art openings, Installation of public temporary and permanent art Physical POLICE DEPARTMENT Operations 275 Forest Avenue Provide animal control services, Provide patrol services, Code enforcement, Traffic enforcement Physical Support Services 275 Forest Avenue Perform investigations, Process evidence, Undercover task force, Provide information over the counter, School resource officer program Physical Administration 275 Forest Avenue Professional standard unit, Police/fire volunteer program, Office of the Chief, Crime prevention & neighborhood watch Physical Office of Emergency Services 275 Forest Avenue Hazardous Communication Program, Emergency Action Plan, Prohibition of Violence in the Workplace, Provide public preparedness information to the whole community, Prepare emergency plans for individuals & families, businesses, schools, faith communities, and seniors, manage and oversee Palo Alto Emergency Services Volunteer Program, Community Emergency Response Team, and Block Preparedness Coordinators, Administer emergency alerts and public warnings by phone, email, and text Physical/Web ADA SELF-EVALUATION 2019 UPDATE 24 ADMINISTRATIVE SERVICES DEPARTMENT Administrative Services 250 Hamilton Avenue Support the City during emergency response plans such as administering the City's credit cards and cash management, Claim processing (damage to private/personal property/City property) if financial liability is associated with claim, Publish financial documents on City Website, Produce physical copies of financial documents and distribute to City libraries for public access, Property surplus/disposal, Manage grant work, loans of City funds, and gifts to the City, Budget and investment policies and processes, TDR sales, Setting municipal fees, cost recovery level policies, debt policies, etc. Physical/Web Real Estate Services 250 Hamilton Avenue Real estate transactions, Oversee use of City land/facilities such as easements and leases Physical Revenue Collections Counter 250 Hamilton Avenue Public parking and parking permits (hourly and monthly), Collection of cash and payments to the City, Perform financial transactions and provide information over the counter, Issue and manage Residential Parking Permit Program Physical Purchasing Public Counter 250 Hamilton Ave Respond to requests for services, Purchasing of hardcopy bid documents, Hold pre-bid meetings with contractors, Administer contracts for goods and services utilized by the City, Oversee bid process Physical/Web Finance 250 Hamilton Avenue Provide information over the counter, Publish financial documents on city website Physical Administration 250 Hamilton Avenue Provide information over the counter, Perform fire/life safety prevention inspections Physical HUMAN RESOURCES DEPARTMENT Human Resources Services 250 Hamilton Ave Oversee Recruitment including website advertisement, interviews, testing, etc. Physical and Web INFORMATION TECHNOLOGY IT 250 Hamilton Avenue Maintain City Website Physical ADA SELF-EVALUATION 2019 UPDATE 25 OTHER FACILITIES JLS Preschool 480 E Meadow Dr Palo Alto, CA 94306 JLS Private Swim, JLS Preschool Swim, public swimming Physical Arastradero Preserve Gateway Facility and Preserve 1530 Arastradero Rd. Wildlife Camp classes, interpretive center, trails Physical Baylands, Athletic Center and Preserve 1775-2774 Embarcadero Rd., 1900 Geng Rd. Trails, Adult Softball/Baylands Athletic Center, Bay Camps/Baylands Athletic Center, interpretive center, Bike Ride with a Ranger program Physical Cowper / Hamilton Lot H 530 Cowper St. Public parking Physical Lytton / Waverley Lot K 351 Lytton Ave. Public parking Physical Emerson / Lytton Lot A 401 Ramona St. Public parking Physical Hamilton / Waverley Lot D 375 Hamilton Ave. Public parking Physical Ventura Community Center 3990 Ventura Ct. Playground, benches, accessible swings, an irrigated field, fenced community garden and new asphalt basketball courts. Classes include Freshman Leadership Corps, Sojourner Truth Infant- Toddler Program and After-school program Physical Bol Park 3590 Laguna Ave Bike path, children’s play area and a multi-use trail Physical Children's Library 1275 Harriet St. Library services, Children's area with play area, toys, and computers, Children's programming including story times, family programs, specialty story times, Desktop computers, Photocopier, printer, Book clubs, Storytime's, Specialty programs, Paws to read (read aloud to therapy dogs), Writing program, LEGO building activity Physical Children's Theater & Girl Scouts Building 1305 Middlefield Rd. Theaters (indoor and outdoor), backstage dressing areas, classroom space, dance studio, Camp Kinetic, Classes or Camps for Theatre and Acting /Children's Theatre (CHT). Girl Scouts building not in use Physical College Terrace Library 2300 Wellesley St. Library services, meeting rooms, children’s' reading hour Physical ADA SELF-EVALUATION 2019 UPDATE 26 Cubberley Community Center 4000 Middlefield Rd. Ball & Roller Self-Help, Princess Ballet, Hip Hop for Kids!, Dance Fever, Shape it UP!, Prince & Princess Camp dance lessons, Children's Theatre Kid's Combo Dance, Let's Dance Together. Princess Ballet, Family & Kids Capoeira, Energy River Yoga / CUBB, Volleyball, Basketball Camp, Adult Basketball, Total Healthy Back, Argentine Tango lessons Physical Gilman / Waverley Lot G 643 Gilman St. Public Parking Physical Gilman / Bryant Lot E 642 Gilman St. Public Parking Physical Emerson / High Lot O 460 Emerson St. Public Parking Physical Ramona/Lyttton Lot C 451 Ramona St. Public Parking Physical Boulware Park 410 Fernando Ave Playgrounds, a basketball court, two picnic areas with barbecues, benches and a perimeter path Physical Bowden Park Alma Street at North California Avenue Playground, intimate seating areas, ornamental plantings, a central lawn area and public art sculptures Physical Downtown Library 270 Forest Ave. Library services, Children's area with play area, toys, and computers, Desktop computers, Photocopier, printer, scanner, Loaner laptop, Chromebook, Storytime, Specialty programs, 3D printing, "Magic the Gathering" Saturdays Physical Bowling Green Park / (Lawn Bowling - 1992 TP) 474 Embarcadero Road Lawn bowling, including courses such as introduction to Lawn Bowling Physical Byxbee Park and Restrooms 2375 - 2380 Embarcadero Road Hiking, dog walking, toilet rooms and drinking fountain, off-street parking, Bike Ride with a Ranger program Physical Firestation #1 (University Park) 301 Alma St. Polling station, movie night Physical Firestation #2 (Mayfield) 2675 Hanover St. Polling station, movie night Physical Firestation #3 (Rinconada) 799 Embarcadero Rd. Polling station, movie night Physical Firestation #4 (Mitchell Park) 3600 Embarcadero Rd. Polling station, movie night Physical Firestation #5 (Arastradero) 600 Arastradero Rd. Polling station, movie night Physical Firestation #8 (Foothills Park) 3300 Page Mill Rd. Polling station, movie night Physical High / Hamilton Lot P 551 High St. Public Parking Physical ADA SELF-EVALUATION 2019 UPDATE 27 Emerson / Ramona Lot N 539 Emerson St. Public Parking Physical Florence / Lytton Lot F 415 Florence St. Public Parking Physical Lytton / Kipling Lot T 450 Lytton Ave. Public Parking Physical Gamble Garden Center 1431 Waverley St. Meeting rooms, classrooms in carriage house and garden, rentals for public gatherings such as weddings and similar events, horticultural center, pathways, parking and historic Gamble House and patio, which can be rented for events Physical Golf Course 1875 Embarcadero Rd. 18-hole golf course, driving range and putting green, public lessons and play Physical Parking Garage Lot B Public Parking Physical Mid-Town Parking Lot Public Parking Physical Greer Park and Restrooms 1098 Amarillo Ave. Athletic fields, a small dog park, Kidz Love Soccer program, and the City’s only skate park Physical Green Waste Facility 2000 Geng Rd. Provides location where the public can drop off items for garbage, recycling, composting and construction waste, and obtain information on the programs Physical Hoover Park and Restrooms 2901 Cowper St. Open turf areas, two children’s playgrounds, a fenced youth baseball field with bleachers, two tennis courts, a backboard, three handball courts, a picnic area, benches, a multi-purpose concrete bowl with two basketball hoops, a pathway around park, a fenced dog run, and small restrooms. The redwood grove is a unique feature with boulders and a mulched swale running through it. Climbable art was added recently using neighborhood input Physical Briones Park and Restrooms (Juana Briones Park) 609 Maybell Ave. (Arastradero at Clemo Ave.) Play areas, basketball court, picnic tables, benches, a large unprogrammed E-class field, and a restroom Physical Cameron Park 2101 Wellesley Street Large green open space, playground, and picnic area Physical Esther Clark Park Old Adobe Rd off of Arastradero Rd Small, undeveloped nature reserve of grassland and oaks providing hiking trails Physical Cogswell Plaza 264 Lytton Ave Downtown plaza with a wide path, seating areas, an open lawn area, and a canopied tree area for Physical ADA SELF-EVALUATION 2019 UPDATE 28 shady relaxation Junior Museum & Zoo 1451 Middlefield Rd. Under construction. Temporary museum has science exhibits and small animals on display Physical Landfill Facility 2380 Embarcadero Rd. Former landfill converted to hiking trails with public parking Physical California Avenue BD Lot 6 250 Sherman Ave. Public Parking Physical California Avenue BD Lot 2 370 Cambridge Ave. Public Parking Physical California Avenue BD Lot 7 350 Sherman Ave. Public Parking Physical California Avenue BD Lot 4 391 Cambridge Ave. Public Parking Physical California Avenue BD Lot 3 275 Cambridge Ave. Public Parking Physical California Avenue BD Lot 8 450 Sherman Ave. Public Parking Physical California Avenue BD Lot 1 276 Cambridge Ave. Public Parking Physical California Avenue BD Lot 9 2350 Birch St. Public Parking Physical Lucie Stern Community Center 1305 Middlefield Rd. Classrooms, community rooms, theater, ballroom, Camp Palo Alto for Preschoolers, Zumba classes, Foothills Day Camp, Foothills Fun Camp, and Heartfulness Meditation programs Physical Mitchell Park Library 3700 Middlefield Rd. Library services, Children's area with play area, toys, computers, and private study room, Children's programming including storytimes, family programs, bilingual/specialty storytimes, Desktop computers, Dedicated tech lab, Photocopier, printer, scanner, Loaner laptop, Chromebooks, Dedicated Teen Room and teen programming, Book clubs, ESL Conversation Group, Tech Tutoring, Bay Area Quiz Club, Fiber Arts Workshop, Weekly knitting group, Coding program, Robot technology, Writing program, Specialty programs, Vintage Media Lab, 'Medicare mysteries Solved!' program Physical ADA SELF-EVALUATION 2019 UPDATE 29 Mitchell Park Community Center 3700 Middlefield Rd. and 600 E. Meadow Dr. Ballroom, multiple meeting rooms, Digital Art for Kinders, Stop Motion Animation for Kids, Photography and Digital Productions Classes, Common Core Writing: Journalism, Debate & Math Olympiad, Debate/Critical Thinking courses, Introduction to Java using Minecraft, LEGO® Star Wars, Dog park, Tennis, Analytical Robotics EV3 Programming, Foothills Adventure/Mitchell Park Teen Center and multiple toilet rooms Physical Cambridge Parking Garage (Lot 5) 400 Cambridge St. Public Parking Physical El Camino Park, Restrooms, and Scorekeeper Facility 100 El Camino Real Open fields for soccer, lighted softball diamond with bleachers Physical Eleanor Pardee Park 851 Center Drive Play areas, picnic area with barbecues, multipurpose concrete bowl, jogging/walking path, community vegetable gardens, youth soccer and little league Physical El Palo Alto Park 117 Palo Alto Avenue Home to the historic El Palo Alto tree, hiking trail, and picnic areas Physical Foothills Park 3300 Page Mill Rd. Canoe float on Boronda Lake, camping, fishing with a range Physical Municipal Service Center (MSC) 3201 - 3241 E Bayshore Rd., (Propane Fuel Canopy & UCC/SCADA) Provides location where the public can obtain information from the following departments: Police, Fire, Emergency Services, Public Works, Utilities, Community Services and Administration Departments. Off-street parking is provided at the entrance gate. Physical Palo Alto Airport Terminal Building 1925 Embarcadero Rd. Aviation facility where private companies provide air transport and flying lessons Physical Parking Garage - Lot J (Cowper/Webster) 520 Webster St. Public Parking Physical Heritage Park 300 Homer Ave Open lawn, picnic area, children’s playground with unique features, pathways and benches Physical Hopkins Creekside Park Palo Alto Avenue Park provides a protected green space along San Francisquito Creek with 2 small pocket parks, picnic tables and benches Physical ADA SELF-EVALUATION 2019 UPDATE 30 Rinconada Library 1213 Newell Rd. Library services, Children's area with play area, toys, computers, and private study room, Desktop computers, Dedicated tech lab, Photocopier, printer, scanner, Loaner laptop, Chromebook, Dedicated Teen Room and teen programming, Book clubs, Tech Tutoring, Tai Chi classes, Teen writing club, Silver Screen Movie Mornings, Specialty programs, 3D printing, Saturday Board Game day Physical Rinconada Park 777 Embarcadero Rd. Open grassy areas, two children’s playgrounds, nine tennis courts (six with lights), a backboard, picnic areas with barbecues and one group area, a municipal swimming pool and children’s pool, a redwood grove, a multipurpose concrete bowl, benches, a jogging/walking path, restrooms and a “Magic Forest” of mature trees along Hopkins Ave Physical Seale Park and Restrooms 3100 Stockton Place Children’s playground, a circular sand pit with concrete turtles, E- class playing fields, a basketball hoop, shaded picnic areas, benches, pathways and a newer toilet room building Physical Parking Garage - Lot Q (under residential) 430 High St. Public Parking Physical Parking Garage - Lot R (High Street) 528 High St. Public Parking Physical Johnson Park Everett and Waverley Community garden, sand volleyball, half-court basketball court, large playground and walkways with benches Physical Kellog Park Waverly at Embarcadero Road Small park with walkwalks, two benches and an off-street parking lot shared with Gamble Center Physical Mayfield Park 2300 Wellesley Street Green space with benches and walkways at Mayfield Branch Library and the Children’s Center Physical Stanford - Palo Alto Playing Fields and Restrooms 2700 El Camino Real A-class sport facility with two artificial turf playing fields, bioswales, snack shack, public art, and on-site parking Physical Monroe Park Monroe and Miller Avenue Open and mounded grassy area, path, sand area with two swings Physical Peers Park, Clubhouse and Restrooms 1899 Park Ave. Two tennis courts, picnic tables, two children’s play areas, basketball court, field house and restrooms. A Day at Little Physical ADA SELF-EVALUATION 2019 UPDATE 31 Explorers children’s' program in clubhouse. Animal Services 3281 E. Bayshore Rd. Palo Alto Animal Services Physical Art Center 1313 Newell Rd. Ceramics Classes /Ceramics Studio and Ceramics Classroom Physical Ramos Park 800 East Meadow Dr Large open grassy area, children’s playground, picnic area with barbecues, benches, path around park, multi-purpose concrete slab with a basketball hoop. Physical Parking Garage - Lot S/L (Bryant Street) 445 Bryant St. Public Parking Physical Robles Park 4116 Park Boulevard Two children’s playgrounds (wheelchair accessible toddler swings), two picnic areas (one shaded by wisteria-covered arbors), barbecues, benches, multipurpose bowl with colorful tile art, basketball court, softball backstop, footpath Physical Scott Park Scott Street at Channing Avenue Basketball hoop, mini children’s playground, benches, picnic tables Physical Water Quality Control Plant 2501 Embarcadero Way Public tours, classroom space, off-street parking Physical Williams House 351 Homer Ave. Houses the Museum of American Heritage Physical Winter Lodge (Community Skating - 1992 TP) 3005 Middlefield Rd. Ice Skating (lessons and public use) Physical Ted Thompson Parking Garage 275 Cambridge St. Public Parking Physical Terman Park 655 Arastradero Road 2 soccer fields, softball diamond, 4 basketball courts, 2 tennis courts, perimeter walking/jogging path Physical Sarah Wallis Park 202 Ask Street at Grant Avenue Walkways, benches and public art (“Tangents to L2”) Physical Weisshaar Park 2300 Dartmouth Street A large, green open field and the only tennis courts in the College Terrace neighborhood, benches and a picnic table Physical Werry Park 2100 Dartmouth Street Children’s playground, walkways and picnic table Physical ADA SELF-EVALUATION 2019 UPDATE 32 Program Accessibility is being determined for city programs, services and activities that take place in City facilities through Phase 1 & 2 of this ADA Transition Plan process (please see Appendix A for details on phasing). As part of the public outreach process, SZS has assisted the City of Palo Alto in formulating, circulating and reviewing voluntary questionnaires. The questionnaires are one way of fulfilling an ADA requirement to solicit public opinion about City of Palo Alto facilities from the general public, persons with disabilities that use the facilities as well as City staff and supervisors. The questionnaire is provided below and the responses are provided in Appendix A. 10. RECOMMENDED CHANGES TO POLICIES AND PRACTICES The most significant task that an ADA Self-Evaluation is required to perform is that of reviewing and evaluating the existing policies and procedures. This is done in order to identify policies and procedures that may be discriminatory or to identify areas in which policies and procedures are lacking. That information must be correlated with the physical barrier data to ascertain where program accessibility can be applied through the development of new policies and procedures to improve access for persons with disabilities. During the field investigations, observations were made in several facilities that lead our team to develop recommended policies and practices intended to improve access to the facilities for people with disabilities. These recommended policies and practices are provided below and can be applied to other City facilities that provide essential services or represent the single location in the City where such programs, services or activities are provided. Palo Alto City - Civic Center 1. Police Station: a. After-hours Access: People may have reason to visit the police station at any time, day or night, by choice or otherwise. The main exterior entrance to the police station is located on the south side of the Civic Center at the top of a stairway, where no vertical access is provided. Staff is only available by phone from the breezeway on the south side of the building at the top of the stairs near the covered entrance. People with mobility impairments who require an accessible route must travel through the Civic Center building from the underground parking lot or around the building where severe cross slopes exist. The accessible route through the building is the only accessible route to the police station, but this route is closed on the weekend ADA SELF-EVALUATION 2019 UPDATE 33 and evenings (during non-business hours) which prevents people with disabilities from accessing the police station. When the Civic Center building is closed, the existing accessible route that bypasses the stairway and utilizes the building interior space will not be available for use. 1) Develop a policy or practice to allow access to the police station during all hours for people with disabilities, as is the case for people who do not have mobility impairments. This policy or practice may include the provision of a security phone on the sidewalk along Forest Avenue at the bottom of the stairway. Provide a form of vertical access such as a wheelchair lift, or a route of travel around the building that is accessible along Forest Avenue, Bryant or Ramona Avenue and to the midpoint on Hamilton Avenue where pedestrians can travel up the King Plaza to reach the accessible entrance on the north side of the Civic Center. b. Police Vehicles: According to information provided by City staff from the police department, no wheelchair accessible police vehicle is available to transport people to the department. 1) Obtain wheelchair accessible vehicles for police use. c. Police Intake: All intake areas are located on the lower level and no elevator or other form of vertical access is provided, thereby preventing disabled visitors, legal counsel, etc. from reaching people in the intake or holding area. No accessible route exists from the point of arrival for people brought to the intake area to the interview room, toilet room, or holding cells. 1) Alter facility to provide wheelchair access, including vertical access where required to administer the programs. 2. Parking Garage - Emergency Egress. The underground parking structure was constructed prior to the enforcement of the ADA and lacks an accessible route for pedestrians who park in accessible parking. The existing pedestrian path to the existing sidewalk travels by way of a steep ramp on each side of the vehicular ingress paths from Ramona and Bryant Avenue. Accessible parking is provided on each level near elevators, but no accessible emergency egress route exists from accessible parking to the ground level public way. ADA SELF-EVALUATION 2019 UPDATE 34 a. Develop policies or practices to ensure that the evacuation of people with disabilities who use the garage takes place, and train staff to implement the policy consistently. 3. City Council Chambers - Conference Room – Conference tables lack accessible knee clearance in all locations other than the head of the table. The end of the table across from the exit door lacks maneuvering clearance required for wheelchair use. a. Develop a policy to ensure that people using wheelchairs are given a seat at the head of the table and train staff to implement the policy consistently. 4. Elevators. Emergency call systems in elevators function for people who are not speech or hearing impaired. The red lights that are intended to illuminate when a call is answered do not work consistently. At present, the personnel who answer calls have a policy to hang up if the person who activates the emergency system does not speak to them. a. Develop a policy to answer silent calls in conjunction with the call center that answers the emergency communication system calls. Arastradero Gateway Facility 1. Toilet Room with Shower: Accessible unisex toilet rooms have showers in a configuration that does not provide a separation between the shower and other toilet room fixtures. When the shower seat is in a position for use, the seat blocks required clear floor space at the lavatory. If the seat is left in that position routinely, people using mobility assist devices may not be able to use the lavatory. a. Develop a policy and practice to inform users of this design issue so that they can fold the seat up after use to ensure that the shower seat remains in an upright position where the lavatory remains accessible to people using wheelchairs. Signage informing users of the issue involved may be adequate for this purpose. Cubberly Community Center 1. Emergency Call Stations. These systems function for people who are not speech impaired. The red lights that are intended to illuminate when a call is answered do not work consistently. At present, the personnel ADA SELF-EVALUATION 2019 UPDATE 35 who answer calls have a policy to hang up if the person who activates the emergency system does not speak to them. a. Develop a policy to answer silent calls in conjunction with the call center that answers the emergency communication system calls. Fire Station #1 – University 1. Accessible Parking: Garbage pickup day results in trash receptacle being left in the accessible stall aisle preventing use. a. Change this existing practice to ensure that the accessible stall is usable every day of the week and train staff to implement the policy consistently. Rinconcada Pool 1. Dressing Rooms: No area is provided for dressing for people with a disability who are accompanied by a companion or assistant of a different sex. During the public outreach process, the City was made aware that several parents with children who have developmental disabilities were turned away from the pool because they were accompanied by caretakers of the opposite sex. The parents indicated that they were initially told that a separate tent would be set up for their use outside the following week, but this accommodation did not appear. The facility is owned by the City, but operated by a private contractor. a. Review policies and practices that contractors providing services on behalf of the City provide to ensure that they do not discriminate against people with disabilites. Provide separate dressing areas at the pool and similar facilities where people with disabilities who have caretakers who are of a different gender are able to enter the dressing area and care for the person who has a right to access the program or activity provided. Golf Course 1. Website. Reservations can be made online but the website is not accessible. a. Develop an accessible website and provide accessible reservations online. 2. Practice Bunker. Bunker is not usable for people with mobility impairments who play using a single rider (accessible) golf carts because current policy prohibits carts from entering the practice bunker. ADA SELF-EVALUATION 2019 UPDATE 36 a. Change the existing policy to allow single rider carts to enter the practice bunker, or provide the same practice experience in an alternate location. 3. Passenger Loading Zone. Path of travel from accessible parking and loading zone is not accessible due to the steep slope. a. Until alterations are made to provide an accessible passenger loading zone, consider creating a practice to provide cart service from these locations to the Pro Shop, Café and other areas, as needed. Train staff to implement the policy consistently. These recommendations will apply to other facilities where similar activities take place. 11. ADA/CBC TOOLKIT The ADA/CBC Tool Kit was adapted from the US DOJ toolkit to include California requirements to ensure that this process covers both state and federal requirements when evaluating City policies and practices. The ADA/CBC Tool Kit is comprised of the following sections: A. ADA Coordinator Checklist: This Checklist helps to determine if agencies are in compliance with basic ADA administrative requirements. It also includes a sample “ADA Notice” that agencies can adapt for their use in complying with basic ADA administrative requirements. B. General Effective Communication Requirements under Title II of the ADA: This Checklist explains what it means for communication to be “effective,” which auxiliary aids and services can potentially provide effective communication, and when those auxiliary aids and services must be provided. C. 9-1-1 and Emergency Communications Services: This Checklist explains how the ADA’s effective communication requirements apply to 9-1-1 and emergency communications services. It also assists the agency in identifying common accessibility problems with their 9-1-1 and emergency communications services. D. Website Accessibility: This Checklist explains how Title II of the ADA applies to state and local government websites, describes technologies people with disabilities use to access the Internet, discusses website design practices that pose barriers to people with disabilities, and identifies solutions that can eliminate these online barriers. ADA SELF-EVALUATION 2019 UPDATE 37 E. Physical Accessibility: This Checklist explains Title II’s requirements for providing accessible routes from building entrances to accessible parking and the public rights or way including curb ramps at pedestrian crossings. F. General Emergency Management: This Checklist explains Title II’s requirements for providing emergency policies and procedures. The Checklist can also be used to review existing policies and services for evacuation, training of first responders and emergency shelter management. The following information was obtained from City staff input and participation in this process. It will remain the discretion of the City of Palo Alto to develop new City policies and procedures to fulfill these minimum requirements. A. ADA Coordinator Checklist 1) Policies and Procedures: There is an ADA Coordinator who investigates all complaints communicated to the government alleging that the government does not comply with the ADA. The ADA Coordinator may not have the time and expertise necessary to coordinate the government’s efforts to comply with and carry out its responsibilities under the ADA. Recommendation: Establish policy to standardize investigation of all complaints. If ADA Coordinator is not responsible, determine who will be responsible. 2) ADA Public Notice: The City does provide information that is available to the general public regarding the fact that the ADA applies to the services, programs and activities of the government, but the City does not use the Department of Justice’s model “Notice under the Americans with Disabilities Act” or a similarly comprehensive notice. The City does not post this information in public areas or make it available in other ways as deemed necessary by the City administration to inform people of the protections of the ADA. ADA SELF-EVALUATION 2019 UPDATE 38 ADA notice is not in available alternate formats – i.e., large print, Braille, audio format, accessible electronic format (e.g., via email, in HTML format on its website). Recommendation: Establish policy to post notice to inform people of the protections of the ADA in public locations and to provide the notice in alternate formats. 3) Grievance Procedures: The City does have a grievance procedure, but it does not use the Department of Justice’s model “Grievance Procedure under the Americans with Disability Act” or a similarly comprehensive grievance procedure. The City does not have the grievance procedure available in alternate formats. Recommendation: Establish policy to provide the City grievance procedure in alternate formats. Where the grievance procedure is made available in alternate formats, preferably several such as versions in min. 18 font "large print", or an audible file on a flash drive or digital storage device that can be mailed or picked up, or Braille, and an HTML web version that is available 24/7 on the City's website. Where these alternate formats are produced and ready for daily use, requests can be promptly fulfilled. B. General Effective Communication Requirements 1) Interpreters (Sign Language, Oral, and Cued Speech) The City does not have policies or procedures in place to deal with requests from the general public for sign language, oral, and cued speech interpreters. Recommendation: Establish policy to provide interpreting services for the General Services department for public meetings. The City does not have employees on staff who are qualified interpreters and does not have arrangements with one or more vendors to provide interpreting services when needed. ADA SELF-EVALUATION 2019 UPDATE 39 The City does not have employees, who interact with the public, that have been trained on the correct procedures to follow when a person requests an interpreter. Recommendation: Establish policy to train City Hall staff who interact with the public on the correct procedures to follow when a person requests an interpreter. 2) Other Auxiliary Aids and Services: The City does not have policies and procedures in place to deal with requests from the general public for note-takers, computer-assisted real- time transcription services, and other auxiliary aids and services for providing effective communication. Recommendations: 1) Establish policy and procedure to handle requests from the general public for notetakers, computer-assisted real-time transcription services, and other auxiliary aids and services for providing effective communication. 2) Develop procedures for regular testing of the equipment and training of staff on the use of the auxiliary aids and services. The City does not have the equipment or arrangements with vendors so that it can provide written materials in alternative formats for the equipment or devices that they provide (e.g. Braille, large print, audio format, electronic format). They are handled case by case by each department individually. Recommendation: Establish policy or practice with vendor or in-house expertise to provide written materials in alternative formats for documentation, equipment or devices that the City provides. The City does not give primary consideration to the requests of the person with a disability when determining what type of auxiliary aid or service to provide. Recommendation: Establish practice to give primary consideration to the type of request made when determining what kind of aid or service to provide. ADA SELF-EVALUATION 2019 UPDATE 40 The City does not ensure that all videos and television programs it produces and all videos it makes available to the public on its internet website are available with captioning and audio description. Recommendation: Establish practice to ensure that all videos and television programs produced are made available to the public on its internet website are available with captioning and audio description. 3) TTYs (Teletypewriters): TTYs are not available for the people with hearing and speech disabilities. Recommendations: 1) Establish policy or practice to make TTY’s available for the people with hearing and speech disabilities. 2) Train City staff to use the California TTY relay system. C. 9-1-1 and Emergency Communications Services This checklist was completed, and no additional policies were identified as recommended. D. Website Accessibility Management 1) Assessing Current Webpage and Content on the City Website: City website pages lack navigation links with a “skip navigation” link at the top of each webpage. Recommendation: Establish practice to provide a link at the top of each webpage that allows users to “skip navigation” to provide website accessibility. On City website online forms, the City’s links do not have a text description that can be read by a screen reader (not including graphics or “click here”). Recommendation: Add text descriptions to website. ADA SELF-EVALUATION 2019 UPDATE 41 On City website online forms, the City’s HTML tags do not describe all of the controls (including all text fields, check boxes, drop-down lists, and buttons) that people can use in order to complete and submit the forms. Recommendation: Establish practice to describe all of the controls including all text fields, check boxes, drop-down lists, and buttons so that forms can be completed and submitted. On City website online forms, all of the photographs, maps, graphics and other images does not currently have HTML tags (such as ‘alt’ tag or a long description tag) with text equivalents of the material being visually conveyed. Recommendation: Establish practice to provide HTML tags for all photographs, maps, graphics and other images with text equivalents of the material being visually conveyed. On City website online forms, the City’s documents are not available in HTML or another text-based format such as rich text format (RTF), Portable Document Format (PDF) or word processing format. Recommendation: Establish practice to provide City documents in HTML or another text-based format. On City website online forms, the City’s default setting in drop-down lists does not describe the information being requested instead of displaying a response option (e.g., “your age” instead of”18-21”). Recommendation: Establish practice to provide default settings for drop-down lists that describe information, not display response options. On City webpage’s data charts or tables, the City’s HTML is not used to associate all data cells with column and row identifiers. Recommendation: Establish practice to use HTML to associate all data cells with column and row identifiers. All video files on the City website do not have audio descriptions of what is being displayed to provide access to visually conveyed information for people who are blind or have low vision. ADA SELF-EVALUATION 2019 UPDATE 42 Recommendation: Establish practice to provide audio descriptions of what is being displayed to provide access to visually conveyed information. All video and audio files on the City website do not have written caption of spoken communication synchronized with the action to provide access to people who are deaf or hard of hearing. Recommendation: Establish practice to provide video and audio files with written caption of spoken communication synchronized with the action shown. 2) Website Accessibility Policy and Procedures: The City does not have a written policy on website accessibility o Due to this lack of a policy, the City has no website accessibility policy posted on their website in a place where it can be easily located. Recommendation: Establish a written policy defining website accessibility for the City and post policy on City website in a location that is easily located. Make necessary changes to city website to provide access for people with disabilities. The City’s website accessibility policy is not in a place where it can be easily located. The City’s procedures have not been developed to ensure that content is not added to the City website until it has been made accessible. Recommendation: Move the City’s website accessibility policy to a place where it is easily located. Develop procedures to ensure that content is not added to the City website until it has been made accessible. The webmaster only checks images to make sure the alternate tags are added; however the webmaster does not check the HTML of all new webpages to confirm accessibility before the pages are posted. Recommendation: Develop procedures to ensure that webmaster checks images to make sure the alternate tags are added and the HTML of all new webpages to confirm accessibility before the pages are posted. ADA SELF-EVALUATION 2019 UPDATE 43 For documents that are added to the City’s website in PDF format, the text-based versions of the documents such as HTML, RTF, or word processing format are not added at the same time as the PDF versions. Recommendation: Develop procedures to ensure that text-based versions of all PDF documents are added to the City website at the same time that the PDF versions are added. In-house staff and contractors have not received information about the website accessibility policy and procedures to ensure website accessibility. Recommendation: Provide training to in-house and contractor staff on how to ensure the accessibility of the website. This training should be an on-going task as documentation intended to be posted to the website is being produced constantly by various departments. A specific written plan is not including timeframes in place now to make all of their existing web content accessible. Recommendation: Establish a written plan including timeframes now to make all of the City’s existing web content accessible. The City have not posted on their website a plan to improve website accessibility and invited suggestions for improvements. Recommendation: Post a public statement of commitment to improve website accessibility and invited suggestions for improvements. The City’s website home page does not include easily locatable information, including a telephone number and email address, for use in reporting website accessibility problems and requesting accessible services and information. Recommendation: Contact information for the ADA Coordinator should be made readily available in an accessible (HTML) format on the City website. The practice of the ADA Coordinator should be to forward all IT/website concerns to the IT department who work directly with website issues. ADA SELF-EVALUATION 2019 UPDATE 44 In-house and contractor staff who create web content or post it on their website have not received copies of the Department of Justice’s technical assistance document “Accessibility of State and Local Government Websites to People with Disabilities”. Recommendation: Establish a policy to inform and train staff and contractors who post information on City website to ensure that they understand and implement City accessibility policy and procedures. Also, provide DOJ technical assistance documents to staff, when appropriate. The City has not asked disability groups representing people with a wide variety of disabilities to provide feedback on the accessibility of their website. Recommendation: Establish a policy to ask disability groups representing people with a wide variety of disabilities to provide feedback on the accessibility of the City website. Provide easily locatable information, including a telephone number and email address, for use in reporting website accessibility problems and requesting accessible services. The City has tested their website using one of the products available on the Internet to test website accessibility. Alternative ways of accessing web-based information, programs, activities, and services are not available for people with disabilities who cannot use computers. Recommendation: Establish a policy to provide alternative ways of accessing web- based information, programs, activities, and services are not available for people with disabilities who cannot use computers. E. Physical Accessibility in City Facilities 1) Evaluating Compliance with the Requirements for Curbs at Pedestrian Crossings: All City curbs where sidewalks and walkways intersect with roads, streets, and highways do not have curb ramps or blended transitions that allow people with disabilities to go from the sidewalk on one side of the vehicular way across any traffic islands with curbs to the sidewalk on the opposite side. ADA SELF-EVALUATION 2019 UPDATE 45 The City has performed an evaluation of its pre-ADA pedestrian crossings to identify the locations where curb ramps need to be constructed to provide program access for people with disabilities. The City did seek input from people with disabilities with respect to its plans for the construction and alteration of highways, streets, roads, sidewalks, and pedestrian crossings. The City does have a mechanism that people with disabilities can use to request the installation or repair of a curb ramp. The City has developed an ADA Transition Plan for the Public Rights-of- Way (PROW) including all sidewalks, curb ramps and roadways where no sidewalk is provided. The ADA Transition Plan description and schedule for the PROW is provided in Appendix B. F. Emergency Management 1) General Emergency Management Policies and Procedures: • The City does have written procedures to ensure that they regularly seek and use input from person with a variety of disabilities and organizations with expertise in disability issues in all phases of the City’s emergency planning, such as those addressing preparation, notification, evacuation, transportation, sheltering, medical and social services, temporary lodging and/or housing, clean-up, and remediation. o The City does seek input and participation from people with disabilities and organizations with expertise on disability issues when they City stage emergency simulations and otherwise test their preparedness. 2) Planning for Emergency Notification and Evacuation: • For planning purposes, the City has not determined the extent to which, in an emergency or disaster, people with disabilities who reside or visit their community are likely to need individualized notification, evacuation assistance, and/or transportation, including accessible transportation. o The City’s emergency planning has not identified the resources they will use to meet the needs of individuals with disabilities who require individualized notification, evacuation assistance, and/or transportation, including accessible transportation. Recommendation: ADA SELF-EVALUATION 2019 UPDATE 46 Develop procedures to identify people with disabilities who reside or visit their community that are likely to need individualized notification, evacuation assistance, and/or transportation, including accessible transportation. • Where the City’s emergency warning systems use sirens or other audible alerts, the City does have written procedures to ensure the use of a combination of methods to provide prompt notification of emergencies to persons who are deaf or hard of hearing. • The City does not address the needs of people with disabilities who will require assistance leaving their homes. Recommendation: Establish policies and procedures to develop services for people with disabilities who will require assistance leaving their homes. • The City does not have written procedures to ensure that their community evacuation plans enable people with a wide variety of disabilities to safely self-evacuate and, for those who cannot self- evacuate, to receive evacuation assistance. Recommendation: Establish written procedures to ensure that community evacuation plans enable people with a wide variety of disabilities to safely self- evacuate and, for those who cannot self-evacuate, to receive evacuation assistance. • The City has not established a voluntary, confidential registry for persons with disabilities to request individualized notification, evacuation assistance, and transportation. Recommendation: Establish a voluntary, confidential registry for persons with disabilities to request individualized notification, evacuation assistance, and transportation. • The City’s emergency transportation plan does not identify accessible transportation resources that will be available to evacuate persons with mobility disabilities, including people who use wheelchairs or scooters, people who use medical equipment, such as oxygen tanks, and people who use service animals. Recommendation: ADA SELF-EVALUATION 2019 UPDATE 47 Update emergency transportation plan to identify accessible transportation resources that will be available to evacuate persons with mobility disabilities. • The City’s emergency plans, policies, and procedures do not provide for people with disabilities to be evacuated and transported to shelters together with their families. o The City’s emergency management plans, policies, and procedures do not ensure that people with disabilities are not separated from their service animals during evacuation and transportation. Recommendation: Establish emergency plans, policies, and procedures to ensure that people with disabilities are to be evacuated and transported to shelters together with their families and service animals. 3) Training First Responders, Staff, and Volunteers: • Staff and volunteers who participate in notification activities have not been trained as first responders. Recommendations: Establish policies and procedures to ensure that staff and volunteers who participate in notification activities are trained as first responders in the following categories: 1) Staff and volunteers who deal with evacuation, transportation, and emergency-related security issues, 2) Shelter staff and volunteers and those who will be involved in routing people to shelters and deciding shelter placements for people with disabilities and their families, 3) Individuals involved in establishing and operating temporary housing or lodging programs, 4) Individuals who will establish and operate emergency-related medical and social service programs, and 5) Individuals who will be responsible for repair, rebuilding, and continuity of programs operations following an emergency or disasters. 4) Physical Accessibility in Emergency Shelter Programs: ADA SELF-EVALUATION 2019 UPDATE 48 • The City has conducted an accessibility survey of all of their emergency shelter facilities, whether owned by government or a private entity to determine if they comply with the most stringent requirements of the CBC and ADA Standards. The City commented, “Red Cross did the survey”. o The City has not identified access barriers at any of the shelter facilities. o All emergency shelters used by the City do not provide the required accessible features referenced in the following list: Passenger drop off Accessible route from drop-off to shelter location Parking Accessible entrance(s) to shelter location Check-in area Eating area Drinking fountain(s) Medical treatment area Sleeping areas Toilet room(s) Shower(s) • The City has not identified and widely publicized to the public and to persons with disabilities and disability organizations the most accessible emergency shelters and the accessible features that each shelter has. Recommendation: After an accessibility survey has been completed for the City’s emergency shelter facilities, develop policies and procedures to publicize to the public and to persons with disabilities and disability organizations the most accessible emergency shelters and the accessible features that each shelter has. Consider the role that fire stations play in providing emergency shelter facilities. • The City has adopted policies and procedures to ensure that shelter staff and volunteers maintain accessible routes for individuals who use wheelchairs and other mobility aids. ADA SELF-EVALUATION 2019 UPDATE 49 • The City has not adopted procedures to minimize protruding objects and overhead objects in shelters so that someone who is blind or has low vision can walk safely throughout the shelter area. Recommendation: Conduct an accessibility survey of all of the City’s emergency shelter facilities to identify and minimize protruding objects and overhead objects in shelters so that someone who is blind or has low vision can walk safely throughout the shelter. • The City has not adopted policies and procedures for shelter staff and volunteers to offer way finding assistance to people who are blind and those with low vision who may need assistance in understanding and navigating the shelter layout and locating shelter facilities. Recommendation: Develop and adopted policies and procedures that enable shelter staff and volunteers to offer way finding assistance to people who are blind and those with low vision who may need assistance in understanding and navigating the shelter layout and locating shelter facilities. • The City has established policies and procedures to ensure that, in the future, facilities are surveyed for accessibility and barriers to access are removed before a facility is designated as a shelter. 5) Policies and Procedures in Emergency Shelters: • The City does not have supplies of informational materials routinely handed out at emergency shelters available in alternative formats for people who are blind or have low vision. Recommendation: Develop alternate formats for informational materials routinely handed out at emergency shelters for people with vision impairments. • The City has adopted policies and procedures for shelter staff and volunteers to provide assistance to people who are blind or have low vision by reading and completing forms and other written materials that are not available in alternative formats. • The City’s shelters have low-stimulation “stress-relief zones,” such as an empty classroom in a school building that can be used as an emergency shelter. ADA SELF-EVALUATION 2019 UPDATE 50 • The City has not adopted policies and procedures to make these areas available on a priority basis to people whose disabilities are aggravated by stress. Recommendation: Develop and adopted policies and procedures to ensure that shelters have low-stimulation “stress-relief zones available on a priority basis to people whose disabilities are aggravated by stress. • The City has adopted emergency shelter eligibility policies and procedures to ensure that people with disabilities are housed at “mass care” shelters unless they are medically fragile. • The City has adopted “mass care” shelter procedures to ensure that shelter staff and volunteers do not turn away people with disabilities who may need assistance with activities of daily living even though their personal care aides may not be with them. • The City has not adopted policies and procedures to ensure that “mass care,” “special needs,” and “medical” shelter staff and volunteers are trained and monitored so they provide safe, appropriate assistance with activities of daily living that some people with disabilities may require. Recommendation: Develop and adopt policies and procedures to ensure that shelter staff and volunteers trained to handle “mass care,” “special needs,” and “medical” needs are trained and monitored so they provide safe, appropriate assistance with activities of daily living that some people with disabilities may require. • The City’s shelter staff and volunteers have not received training with site-specific instructions for providing people with disabilities access to all services, activities, and programs at “mass care,” “medical,” and “special needs” shelters. Recommendation: Establish policies and practices for training staff and volunteers with site-specific instructions for providing people with disabilities access to all services, activities, and programs at “mass care,” “medical,” and “special needs” shelters. • The City does have written policies and procedures to ensure that people who are deaf or hard of hearing, people with speech disabilities, and people who are blind or have low vision are provided with effective communication during their stay at a shelter. ADA SELF-EVALUATION 2019 UPDATE 51 Recommendation: No recommendation required where City complies. • The City does not provide a TTY at each emergency shelter for use by people who are deaf, are hard of hearing, or have speech disabilities. Recommendation: Develop policies to provide a TTY or other similar technology at each emergency shelter for use by people who are deaf, are hard of hearing, or have speech disabilities. Consider asking for input on which technologies are useful to people with disabilities in these settings. TTY units may no longer be used by large segments of the population but the California Relay System is widely used. Training on how to ensure that program is accessible should be implemented. • The City does have written procedures to ensure that persons with disabilities who use service animals are not separated from their service animals when using emergency shelters and have full access to shelter programs, services, and activities, even if pets are normally prohibited in shelters or in certain areas of shelters. o The City does not have written procedures to ensure that food, water, and a receptacle and plastic bags for the disposal of service animal waste are available at emergency shelters. o The City has not established security procedures at shelters that allow people with service animals to take their animals outside for relief without unnecessary delays for security screening upon re- entry. Recommendations: Develop and adopt policies, practices and training for shelter staff and volunteers to ensure that persons with disabilities who use service animals are not separated from their service animals when using emergency shelters and have full access to shelter programs, services, and activities, even if pets are normally prohibited in shelters or in certain areas of shelters. 1) Establish policies to ensure that food, water, and a receptacle and plastic bags for the disposal of service animal waste are available at emergency shelters. 2) Establish security procedures at shelters that allow people with service animals to take their animals outside for relief without unnecessary delays for security screening upon re-entry. ADA SELF-EVALUATION 2019 UPDATE 52 • The City’s emergency management plan does not provide an effective way for people with disabilities to request and receive durable medical equipment and medication while in shelters. Recommendation: Develop and adopt emergency management plan that provides an effective way for people with disabilities to request and receive durable medical equipment and medication while in shelters. • The City has not established procedures for people with disabilities to request and receive cots or beds, modifications to cots or beds, securement of cots or beds to allow safe transfer to a wheelchair, and placement of cots or beds in specific locations, when needed. Recommendation: Establish procedures for people with disabilities to ensure that they can request and receive cots or beds or modifications needed to allow safe transfer to a wheelchair, and placement of cots or beds in specific locations when needed. City to ensure that accessible cots with a transfer surface between 17” to 19” is available. • The City has not adopted kitchen access policies to provide immediate access to food and refrigerated medications for shelter residents and volunteers whose disabilities may require it. Recommendation: Develop and adopt kitchen access policies to provide immediate access to food and refrigerated medications for shelter residents and volunteers whose disabilities may require it. • The City’s emergency management plan does not ensure that at least some kinds of foods and beverages are available in emergency shelters for people with dietary restrictions, such as people who have diabetes or severe food allergies. Recommendation: Develop and adopt emergency management plan ensures that at least some kinds of foods and beverages are available in emergency shelters for people with dietary restrictions, such as people who have diabetes or severe food allergies. 6) Medical and Social Services: • The City has not established policies and procedures to ensure that medical and social services and other benefit programs are accessible to people with disabilities, including people who use wheelchairs, scooters, ADA SELF-EVALUATION 2019 UPDATE 53 and other mobility aids, individuals who cannot leave shelters because of their disabilities, and people who use service animals. Recommendation: Establish policies and procedures to ensure that medical and social services and other benefit programs are accessible to people with disabilities. • The City has not established policies and procedures to ensure that application processes for benefit programs are designed so they do not exclude people with disabilities whose disabilities prevent them from using one particular type of application process. Recommendation: Establish policies and procedures to ensure that application processes for benefit programs are designed so they do not exclude people with disabilities whose disabilities prevent them from using one particular type of application process. Consider the use of alternate formats as part of this process. • The City does not have policies and procedures to ensure that their medical, social service, and other benefit programs provide effective communication to people with disabilities, including people who are deaf or hard of hearing and people who are blind or have low vision. Recommendation: Establish policies and procedures to ensure that medical, social service, and other benefit programs provide effective communication to people with disabilities. • The City’s policies and procedures do not include primary consideration of the communication method preferred by an individual with a disability. Recommendation: Establish policies and procedures that include primary consideration of the communication method preferred by an individual with a disability. 7) Post-Sheltering Policies and Procedures: • The City has adopted procedures to provide additional time, transportation, and search assistance for people with disabilities in emergency shelters to locate accessible temporary housing and support services in the community following an emergency. ADA SELF-EVALUATION 2019 UPDATE 54 Recommendation: No recommendation required where City complies. • The City has not adopted a plan for providing prompt, equivalent temporary housing to persons with disabilities, including accessible housing for people who use wheelchairs, scooters, and other mobility aids and people who are deaf or hard of hearing. Recommendation: Develop and adopt a plan for providing prompt, equivalent temporary housing to persons with disabilities, including accessible housing for people who use wheelchairs, scooters, and other mobility aids and people who are deaf or hard of hearing 8) Post-Emergency Repair, Rebuilding, and Resumption of Programs Operations: • The City has established policies to ensure that programs relocated from a damaged facility on a temporary or permanent basis remain accessible to people with disabilities. APPENDIX A City of Palo Alto ADA Transition Plan Prioritization Questionnaire Page 1 of 6 PUBLIC OUTREACH NOTICE ADA Transition Plan Update The City of Palo Alto is in the process of updating its current ADA Transition Plan. The updated Plan will be used as a guide for making physical improvements to facilitate accessibility in City Facilities and the public right-of-way for persons with disabilities. The purpose of the City’s ADA Transition Plan is to identify barriers encountered by the disabled in accessing public programs and facilities and to prioritize projects and formulate strategies for transition to a fully accessible City. The City’s consultant has finished evaluating all City facilities and has drafted a remediation schedule based on estimated costs, age of a facility, and upcoming or planned Capital Improvement Projects (CIPs). The Plan also outlines a strategy for making improvements considering several factors such as the extent of deficiencies, identified needs, available budget, and a realistic schedule. The City of Palo Alto would like your input in updating its Transition Plan in regards to any access related deficiencies that you may know of and feedback on prioritization. If any suggestions, comments or specific deficiencies are brought to the City’s attention by June 27, 2019, they will be evaluated for inclusion in the Plan prior to its adoption by City Council. To include your feedback, please fill out the attached questionnaire or attend one of the three community meetings below. You are free to attend any of the meetings to learn more about the ADA Transition Plan. Monday, May 13, 2019 3:30 PM Embarcadero Room at Rinconada Library 1213 Newell Road Tuesday, May 14, 2019 6:30 pm Adobe Room at Mitchell Park Community Center 2700 Middlefield Road Monday, May 21, 2019 3:30 pm College Terrace Library 2300 Wellesley Street The City appreciates your effort and thanks you in advance for your contribution to the City’s Update to the ADA Transition Plan. Any information provided to us will help strengthen the final recommendations for the City Council’s consideration. This questionnaire is also available at www.cityofpaloalto.org/ADATransitionPlan. To request an alternate format please contact Public Works Engineering by email at pwecips@cityofpaloalto.org or by phone at (650) 329-2295. 1. What are the top five (5) City facilities that you access most frequently? A list of city facilities is provided at the end of this questionnaire for your reference. a. ______________________________________________________________________________ b. ______________________________________________________________________________ c. ______________________________________________________________________________ d. ______________________________________________________________________________ e. ______________________________________________________________________________ Self-Evaluation Page 54 City of Palo Alto ADA Transition Plan Prioritization Questionnaire Page 2 of 6 2. Do you use city sidewalks or walkways to get around as a pedestrian? ☐ Yes ☐ No 3. Which neighborhood(s) do you reside in and/or visit? ________________________________________________ 4. Please provide any comments regarding access to City facilities or the public right-of-way (streets, sidewalks, curb ramps, pedestrian push buttons, etc.) that will aid in updating the Transition Plan. 5. Are you aware of the city’s PaloAlto311 app to submit service requests? ☐ Yes ☐ No 6. Identify your relationship with the city. I am a ☐ Resident ☐ Commuter ☐ Employee ☐ Visitor Thank you for taking the time to fill out this questionnaire! We would also appreciate completion of the optional information below. If completed, it will provide our team with the opportunity to compile statistics, provide you a copy of your questionnaire, or contact you for further comment. ☐ My responses are confidential. ☐ My responses may be published. Name: _____________________________________ Survey Completion Date: ____/_____/________ Address:______________________________________________________________________________ Phone Contact: (_____)_______-_________ E-mail Address: ___________________________________ Self-Evaluation Page 55 City of Palo Alto ADA Transition Plan Prioritization Questionnaire Page 3 of 6 Questionnaires must be received by June 27, 2019. Please mail to: City of Palo Alto Public Works Engineering 250 Hamilton Avenue Palo Alto, CA 94301 Scan and e-mail to: PWEcips@cityofpaloalto.org Or drop off a hard copy of the survey at the following locations: Mitchell Park Community Center 3700 Middlefield Road Rinconada Library 1213 Newell Road Civic Center 250 Hamilton Avenue Cubberley Community Center, Building T2 4000 Middlefield Road College Terrace Library 2300 Wellesley Street Self-Evaluation Page 56 City of Palo Alto ADA Transition Plan Prioritization Questionnaire Page 4 of 6 List of City Facilities Public facilities where city programs, services, and activates are provided. This list is subject to change and facilities may be added or removed from the evaluation through the course of this project as the self-evaluation process progresses. Buildings: Animal Services Center Arastradero Preserve Gateway Facility Art Center Baylands Athletic Center Environmental Volunteers EcoCenter (Sea Scouts Building) Byxbee Park Restrooms Children’s Library Children’s Theatre Civic Center College Terrace Library Cubberley Community Center Downtown Library El Camino Park Restrooms and Scorekeeper Facility Fire Station #1 Fire Station #2 Fire Station #3 Fire Station #4 Fire Station #5 Fire Station #8 Foothills Park o Entrance Station o Interpretive Center o Restrooms Gamble Garden Center Golf Course Greer Park Restrooms Girl Scouts Building Hoover Park Restrooms Juana Briones Park Restrooms Junior Museum and Zoo Landfill Administration Building Lawn Bowling Green Park Lucie Stern Community Center Self-Evaluation Page 57 City of Palo Alto ADA Transition Plan Prioritization Questionnaire Page 5 of 6 Mitchell Park Library Mitchell Park Community Center Mitchell Park Clubhouse/Restrooms Mitchell Park Tennis Court Restrooms Municipal Service Center (MSC) Palo Alto Airport Terminal Building Peers Park Clubhouse/Restrooms Rinconada Library Rinconada Park Gazebo/Restrooms Rinconada Park Pool/Showers Roth Building Seale Park Restrooms Senior Center (Avenidas) Stanford Playing Fields Snacks/Restrooms Building Ventura Community Center Waste Quality Control Plant Williams House Winter Lodge Public Parks: Arastradero Preserve Baylands Athletic Center Baylands Preserve Bol Park Boulware Park Bowden Park Briones Park Byxbee Park Camera Park Esther Clark Park Cogswell Plaza El Camino Park Eleanor Pardee Park El Palo Alto Park Foothills Park Gree Park Heritage Park Hoover Park Hopkins Creekside Park Johnson Park Kellog Park Mayfield Park Self-Evaluation Page 58 City of Palo Alto ADA Transition Plan Prioritization Questionnaire Page 6 of 6 Mitchell Park Monroe Park Peers Park Ramos Park Rinconada Park Robles Park Scott Park Seale Park Stanford-Palo Alto Playing Fields Terman Park Wallis Park Weisshaar Park Werry Park Lawn Bowling Green Park Public Parking Facilities: Cowper / Hamilton Lot H Lytton / Waverley Lot K Emerson / Lytton Lot A Hamilton / Waverley Lot D Gilman / Waverley Lot G Gilman / Bryant Lot E Emerson / High Lot O Ramon / Lytton Lot C High / Hamiton Lot P Emerson / Ramona Lot N Florence / Lytton Lot F Lytton / Kipling Lot T Civic Center Office Building Public Parking Cowper / Webster Parking Garage – Lot J Parking Garage – Lot Q High Street Parking Garage – Lot R Bryant Street Parking Garage – Lot S/L California Avenue Lot 1 California Avenue Lot 2 California Avenue Ted Thompson Garage Lot 3 California Avenue Lot 4 California Avenue Cambridge Garage Lot 5 California Avenue Lot 6 California Avenue Lot 7 California Avenue Lot 8 California Avenue Lot 9 Self-Evaluation Page 59 APPENDIX B City of Palo Alto ADA Transition Plan - Implementation Schedule 2021-2025 2026-2030 2031-2035 2036-2040 2041-2045 2046-2050 2051-2055 2056-2060 2061-2065 2066-2070 2071-2075 2076-2080 1 King Plaza Park 2 1 Civic Center Building 3 2 Civic Center Office Building Public Parking Parking 2 3 Arastradero Preserve Gateway Facility and Preserve Park 2 4 Baylands, Athletic Center and Preserve Park 1 5 Cowper / Hamilton Lot H Parking 2 6 Lytton / Waverley Lot K Parking 1 7 Emerson / Lytton Lot A Parking 2 8 Hamilton / Waverley Lot D Parking 1 9 Ventura Community Center Building 2 10 Bol Park Park 1 11 Children's Library Building 2 12 Children's Theater Building 1 13 College Terrace Library Building 2 14 Cubberley Community Center Building 3 15 Gilman / Waverley Lot G Parking 2 16 Gilman / Bryant Lot E Parking 1 17 Emerson / High Lot O Parking 2 18 Ramona/Lyttton Lot C Parking 1 19 Boulware Park Park 1 20 Bowden Park Park 1 21 Downtown Library Building 2 22 Bowling Green Park Building 2 23 Byxbee Park and Restrooms Park 1 24 Firestation #1 (University Park)Building 2 25 Firestation #2 (Mayfield)Building 2 26 Firestation #5 (Arastradero)Building 2 27 Firestation #8 (Foothills Park)Building 3 28 High / Hamilton Lot P Parking 2 29 Emerson / Ramona Lot N Parking 2 30 Florence / Lytton Lot F Parking 2 31 Lytton / Kipling Lot T Parking 2 32 Gamble Garden Center Building 2 33 Golf Course Building 1 34 Parking Garage - Lot B Parking 2 35 Greer Park and Restrooms Park 2 36 Green Waste Facility Building 1 37 Hoover Park and Restrooms Park 1 38 Briones Park and Restrooms (Juana Briones Park)Park 2 39 Cameron Park Park 1 40 Esther Clark Park Park 2 41 Cogswell Plaza Park 2 42 Junior Museum & Zoo Building 1 43 Landfill Facility Building 2 44 California Avenue BD Lot 6 Parking 1 45 California Avenue BD Lot 2 Parking 1 46 California Avenue BD Lot 7 Parking 1 47 California Avenue BD Lot 4 Parking 1 48 California Avenue BD Lot 3 (Ted Thompson Parking Garage)Parking 1 49 California Avenue BD Lot 8 Parking 1 50 California Avenue BD Lot 1 Parking 1 51 California Avenue BD Lot 9 Parking 1 52 Lucie Stern Community Center Building 1 53 Mitchell Park Library Building 3 54 Mitchell Park Community Center Building 3 55 Mitchell Park and Restrooms Park 1 56 Cambridge Parking Garage (Lot 5)Parking 1 57 El Camino Park, Restrooms, and Scorekeeper Facility Park 2 58 Eleanor Pardee Park and Community Garden Park 2 59 El Palo Alto Park Park 2 60 Foothills Park Park 1 61 Municipal Service Center (MSC)Building 2 62 Palo Alto Airport Terminal Building (Portables)Building 2 63 Parking Garage - Lot J (Cowper/Webster) Parking 1 64 Heritage Park Park 1 65 Hopkins Creekside Park Park 1 66 Rinconada Library and Community Garden Building 3 67 Rinconada Park Park 1 68 Seale Park and Restrooms Park 1 69 Parking Garage - Lot Q (under residential)Parking 1 70 Parking Garage - Lot R (High Street)Parking 2 71 Johnson Park and Community Garder Park 1 72 Kellog Park Park 2 73 Mayfield Park Park 1 74 Stanford - Palo Alto Playing Fields and Restrooms Park 1 75 Monroe Park Park 2 76 Peers Park, Clubhouse and Restrooms Park 1 77 Animal Services Building 2 78 Art Center Building 2 79 Ramos Park Park 1 80 Parking Garage - Lot S/L (Bryant Street) Parking 1 81 Robles Park Park 1 82 Scott Park Park 2 83 Water Quality Control Plant Building 3 84 Williams House Building 2 85 Winter Lodge Building 2 86 Terman Park Park 2 87 Sarah Wallis Park Park 1 88 Weisshaar Park Park 1 89 Werry Park Park 1 90 Midtown Parking Lot Parking 1 91 Fire Station #3 (Rinconada)Building 4 92 Fire Station #4 (Mitchell Park)Building 4 Facility Facility Name Facility Type Phase Year Implementation Phase - 1 Implementation Phase - 2 Implementation Phase - 3 SZS Consulting Group LLC 3/29/2021 APPENDIX C ADA TRANSITION PLAN SCHEDULE Curb Ramps in Public Right-of-Way District 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Fiscal Year Print Date: 4/13/2021 ADA TRANSITION PLAN SCHEDULE Sidewalks in Public Right-of-Way District 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 N/A Fiscal Year Print Date: 4/13/2021 Self-Evaluation Page 63 DESCRIPTION LOCATION SIZE (SQ. FT.)YEAR BUILT YEAR REMODELED (IF APPLICABLE) Animal Services:3281 E. Bayshore Rd. Kitchen/Kennels/Storage 3,268 1972 Euthanasia Building 203 1986 Office/Clinic 2,186 1972 Arastradero Preserve Gateway Facility 1530 Arastradero Rd.969 2003 Art Center 1313 Newell Rd.26,441 1951 2011 Baylands: Athletic Center Grandstands 1775 Embarcadero Rd.2,250 1969 Athletic Center Restrooms 1900 Geng Rd.2,250 1969 Harbor Master House/Ranger Station 2500 Embarcadero Rd. 475 1969 1986 Environmental Volunteers EcoCenter (Sea Scouts Building)2560 Embarcadero Rd.2,209 1936 2012 Interpretive Center 2775 Embarcadero Rd.3,600 1969 Byxbee Park Restrooms:2380 Embarcadero Rd.568 1972 Children's Library 1275 Harriet St.6,043 1940 2007 Children's Theatre:1305 Middlefield Rd. Theatre 17,619 1936 Civic Center:250 Hamilton Ave. Office Building Tower 104,893 1968 City Council Building Tower 3,240 1968 Police Department 271 Forest Ave.32,224 1968 College Terrace Library 2300 Wellesley St.5,050 1935 2010 Cubberley Community Center:4000 Middlefield Rd. Pavilion 17,577 1968 Boys and Girls Gymnasiums 28,148 1945 Building I (Foothill College)13,575 1968 Building J 7,875 1955 Building K 7,875 1955 Building L 14,415 1955 Building P 3,610 1968 Theater 11,800 1945 Building M 11,800 1968 Building A 5,400 1955 Building B 5,400 1955 Building C 5,400 1955 Building D 5,400 1955 Building E 5,400 1955 Building F 5,400 1955 Buildling FH 1,000 1968 Building H 8,115 1955 Building O (Auditorium)13,790 1945 Building S 5,650 1945 Building T1 & T2 8,050 1945 Building U 4,865 1945 Building V 1,000 1968 Downtown Library 270 Forest Ave.8,741 1967 2011 El Camino Park:100 El Camino Real Restrooms 900 2015 Scorekeeper Facility 329 2015 ATTACHMENT B CITY OF PALO ALTO PUBLIC FACILITY INVENTORY FOR FACILITY SURVEYS 1 of 5 Attachment B DESCRIPTION LOCATION SIZE (SQ. FT.)YEAR BUILT YEAR REMODELED (IF APPLICABLE) Fire Stations: #1 (University Park)301 Alma St.10,436 1965 #2 (Mayfield)2675 Hanover St.8,131 1965 #5 (Arastradero)600 Arastradero Rd.3,666 1962 #8 (Foothills Park)3300 Page Mill Rd.1,569 1986 Foothills Park:3300 Page Mill Rd. Interpretive Center 5,035 1967 Entrance Station 71 1985 Lake Restrooms 422 1965 Orchard Glen Restrooms 422 1965 Oak Grove Restrooms 70 1965 Gamble Garden Center 1431 Waverley St.8,200 1902 1987 Golf Course:1875 Embarcadero Rd. Pro shop/Hofbrau 8,516 1978 1986 Office/Maintenance Shop 2,288 1958 Restrooms (17th Hole)242 1978 Greer Park Restrooms 1098 Amarillo Ave.597 1983 GreenWaste 2000 Geng Rd. Office Building 2,256 1950 2007 Hoover Park Restroom 2901 Cowper St.500 2003 Juana Briones Park Restroom 609 Maybell Ave.129 2014 Junior Museum & Zoo:1451 Middlefield Rd. Landfill:2380 Embarcadero Rd. Administration Trailer 540 2005 Lawn Bowling Green Park:474 Embarcadero Rd. Lawn Bowling Clubhouse 2,400 1954 2010 Lawn Bowling Restrooms 1,210 1954 2010 Lucie Stern Community Center:1305 Middlefield Rd. Community Center 12,203 1933 Theater 33,716 1933 1997 Theater Scene Shop 1,823 1972 Mitchell Park Library 3700 Middlefield Rd.41,000 2014 Mitchell Park Community Center 3700 Middlefield Rd.15,000 2014 Mitchell Park:600 E. Meadow Dr. Clubhouse Restrooms 1,078 1957 Tennis Court Restrooms 306 1956 Municipal Service Center (MSC):3201 E Bayshore Rd. Building A 15,863 1966 Building B 22,357 1966 Building C 32,877 1966 Guardhouse 49 1972 UCC/SCADA 3241 E Bayshore Rd.5,488 1980 Palo Alto Airport Terminal Building (Portables)1925 Embarcadero Rd.1,200 1965 Peers Park Clubhouse/Restrooms 1899 Park Ave.1,082 1940 Rinconada Library 1213 Newell Rd.31,082 1975 2014 Rinconada Park:777 Embarcadero Rd. Gazebo 394 1957 Restrooms 511 1930 Showers/Office/Equipment 3,585 1956 Snack Bar/Swim/Club 523 1956 Seale Park Restroom 3100 Stockton Place 156 2011 Stanford Playing Fields Snacks/Restroom Buildling 27000 El Camino Real 969 2006 2 of 5 DESCRIPTION LOCATION SIZE (SQ. FT.)YEAR BUILT YEAR REMODELED (IF APPLICABLE) Ventura Community Center:3990 Ventura Ct. Childcare Unit #1 2,344 1957 Childcare Unit #2 9,881 1957 Childcare Unit #3 6,558 1957 Childcare Multi-unit 2,698 1957 Waste Quality Control Plant:2501 Embarcadero Way Operations Building 6,670 1970 Administration Building 3,120 1975 Engineering/Maintenance Building 2,610 1978 Williams House 351 Homer Ave.7,978 1907 Winter Lodge 3005 Middlefield Rd.18,118 1956 3 of 5 DESCRIPTION LOCATION SIZE (SQ. FT.) YEAR BUILT Cowper / Hamilton Lot H 530 Cowper St.30,263 Lytton / Waverely Lot K 351 Lytton Ave.21,075 Emerson / Lytton Lot A 401 Ramona St.20,265 Hamilton / Waverley Lot D 375 Hamilton Ave.28,993 Gilman / Waverley Lot G 643 Gilman St.16,875 Gilman / Bryant Lot E 642 Gilman St.11,250 Emerson / High Lot O 460 Emerson St.22,500 Ramona / Lytton Lot C 451 Ramona St.17,000 High / Hamilton Lot P 551 High St.25,297 Emerson / Ramona Lot N 539 Emerson St.15,000 Florence / Lytton Lot F 415 Florence St.16,875 Lytton / Kipling Lot T 450 Lytton Ave.18,900 California Avenue BD Lot 6 250 Sherman Ave.53,420 California Avenue BD Lot 2 370 Cambridge Ave.10,000 California Avenue BD Lot 7 350 Sherman Ave.40,561 California Avenue BD Lot 4 391 Cambridge Ave.26,950 California Avenue BD Lot 3 275 Cambridge Ave.27,500 California Avenue BD Lot 8 450 Sherman Ave.34,373 California Avenue BD Lot 1 276 Cambridge Ave.9,980 California Avenue BD Lot 9 2350 Birch St.10,560 Civic Center Office Building Public Parking 250 Hamilton Ave.251,508 1970 Cambridge Parking Garage (Lot 5)400 Cambridge St.57,830 1968 Parking Garage - Lot J (Cowper/Webster) including garage vehicle approaches 520 Webster St.269,138 2007 Parking Garage - Lot Q (under residential)430 High St.48,000 1984 Parking Garage - Lot R (High Street)528 High St.93,930 2003 Parking Garage - Lot S/L (Bryant Street)445 Bryant St.229,380 2003 Ted Thompson Parking Garage 275 Cambridge St.56,000 1994 Midtown Parking Lot Midtown Ct.23,000 CITY OF PALO ALTO PUBLIC PARKING FACILITY INVENTORY FOR FACILITY SURVEYS ATTACHMENT B 4 of 5 DESCRIPTION LOCATION SIZE (ACRES) YEAR ESTABLISHED Arastradero Preserve 1530 Arastradero Road 533 1970 Baylands Athletic Center 1900 Geng Road 6 1969 Baylands Preserve 2775 Embarcadero Road 1,940 N/A Bol Park 3590 Laguna Avenue 13.8 N/A Boulware Park 410 Fernando Avenue 1.5 1894 Bowden Park Alma Street at North California Avenue 2 1952 Bowling Green Park 474 Embarcadero Road 2 1934 Briones Park Arastradero Road at Clemo Avenue 4.1 1889 Byxbee Park 2375 Embarcadero Road 126 1960 Cameron Park 2101 Wellesley Street 1.1 1888 Esther Clark Park Old Adobe Road off of Arastradero Road 21 N/A Cogswell Plaza 264 Lytton Avenue 0.5 1955 El Camino Park 100 El Camino Real 12.19 1914 Eleanor Pardee Park 851 Center Drive 9.6 1957 El Palo Alto Park 117 Palo Alto Avenue 0.5 N/A Foothills Park 3300 Page Mill Road 1,400 N/A Greer Park 1098 Amarillo Street 22 1967 Heritage Park 300 Homer Avenue 2.01 2006 Hoover Park 2901 Cowper Street 4.2 1950 Hopkins Creekside Park Palo Alto Avenue 12.4 1907 Johnson Park Everett Street and Waverley Street 2.5 1968 Kellog Park Waverly Street at Embarcadero Road 0.34 N/A Mayfield Park 2300 Wellesley Street 1.1 1888 Mitchell park 600 East Meadow Avenue 21.4 1957 Monroe Park Monroe and Miller Avenue 0.55 N/A Peers Park 1899 Park Boulevard 4.7 N/A Ramos Park 800 East Meadow Drive 4.4 1958 Rinconada Park 777 Embaracadero Road 19 1922 Robles Park 4116 Park Boulevard 4.7 1968 Scott Park Scott Street at Channing Avenue 0.04 N/A Seale Park 3100 Stockton Place 4.3 1968 Stanford - Palo Alto Playing Fields 2700 El Camino Real 5.9 2005 Terman park 655 Arastradero Road 7.7 1970 Wallis Park 202 Ash Street 0.3 1888 Weisshaar Park 2300 Dartmouth Street 1.1 1888 Werry Park 2100 Dartmouth Street 1.1 1888 CITY OF PALO ALTO PUBLIC PARKS INVENTORY FOR FACILITY SURVEYS ATTACHMENT B 5 of 5 Staff Report #10890 Last edited: April 7, 2021 Attachment C – ADA Transition Plan Reports Facility surveys were completed between January 2016 to January 2017. Park Reports include the buildings such as restrooms, clubhouses, or other buildings associated with the park. BUILDINGS PARKING PARKS Animal Services Building Arastradero Gateway Art Center Children’s Library Children’s Theater Civic Center College Terrace Library Cubberley Community Center Downtown Library Fire Station #1 Fire Station #2 Fire Station #5 Fire Station #8 Gamble Garden Center GreenWaste Facility Junior Museum and Zoo Landfill Facility Lucie Stern Community Center Mitchell Park Community Center Mitchell Park Library Municipal Services Center Palo Alto Airport Terminal Building Rinconada Library Ventura Community Center Water Quality Control Plant Williams House Heritage Museum Winter Lodge Cal Ave Parking Lot 1 Cal Ave Parking Lot 2 Cal Ave Parking Garage Lot 3 – Ted Thompson Cal Ave Parking Lot 4 Cal Ave Parking Garage Lot 5 – Cambridge Cal Ave Parking Lot 6 Cal Ave Parking Lot 7 Cal Ave Parking Lot 8 Cal Ave Parking Lot 9 Civic Center Parking Garage Midtown Parking Lot Parking Lot A Parking Garage Lot B Parking Lot C Parking Lot D Parking Lot E Parking Lot F Parking Lot G Parking Lot H Parking Garage Lot J Parking Lot K Parking Lot N Parking Lot O Parking Lot P Parking Lot Q Parking Garage Lot R Parking Garage Lot SL Parking Lot T Baylands Nature Preserve Bol Park Boulware Park Bowden Park Bowling Green Park Briones Park Byxbee Park Cameron Park Clark Park Cogswell Plaza El Camino Park El Palo Alto Park Eleanor Pardee Park Foothills Park Golf Course Greer Park Heritage Park Hoover Park Hopkins Creekside Park Johnson Park Kellogg Park Mayfield Park Mitchell Park Monroe Park Peers Park Ramos Park Rinconada Park Robles Park Sarah Wallis Park Scott Park Seale Park Stanford-Palo Alto Playing Fields Terman Park Weisshaar Park Werry Park Attachment C 1 Baumb, Nelly From:Rice, Danille Sent:Friday, June 4, 2021 5:48 PM To:Council, City; Council Agenda Email Cc:Executive Leadership Team; ORG - Clerk's Office Subject:Council Agenda Consent Questions for June 7: Items 3, 5, 8 Dear Mayor and Council Members: On behalf of City Manager Ed Shikada, please find below the staff responses to inquiries made by Council Member Cormack and Council Member Tanaka in regard to the June 7, 2021 Council Meeting agenda. Item 3: Underground District 46 Completion Project Construction Contract & Budget Amendment Item 5: Design/Build Contract for Civic Center Fire Life Safety Upgrades Item 8: Adoption of ADA Transition Plan Update Item 3: Underground District 46 Completion Project Construction Contract & Budget Amendment (Question provided by Council Member Tanaka) 1. What is the likelihood that “unforeseen work” or any other unexpected operations will raise the price of the contract by up to 20 percent? Staff is not aware of any unforeseen work but due to the large scope and uniqueness of this project, such as but not limited to depth of excavation needed, for our utilities, staff recommends a 20% contingency. 2. Are there any fiscal implications of removing $500,000 from the Electric Fund operations reserve? This will reduce available funding in the reserve though is not expected to impact overall levels in FY21 and FY22 however the financial forecast models reflect estimates that the reserve will be near minimum levels in FY23. 3. Why was the cost escalation from the 2016 budget allocation not previously accounted for? The original allocation was underestimated and was inadvertently not updated as part of the annual budget process by the department. 4. What amount of new economic productivity, if any, is expected to result from the completion of this project? This addresses resilience and reliability of the system. 5. How long is this infrastructure expected to last before it needs to be replaced? Is this duration shorter than that of the previous/current utilities? The life expectancy of the new facilities should exceed the life expectancy of the existing facilities, new infrastructure typically lasts approximately 40 years. 2 Item 5: Design/Build Contract for Civic Center Fire Life Safety Upgrades (Question provided by Council Member Tanaka) 1. Will everyday municipal work within the Civic Center be disturbed throughout the implementation of the new fire safety protection system? The project duration is anticipated to be eight months including the design phase, with actual installation taking five to six months. Staging installation will encompass one floor per week. The project team will work with affected departments to minimize disruption. 2. Will the new system possess the capacity to adapt to future renovations on the Civic Center and therefore produce substantial longevity? This system is extremely robust and scalable. The current design will tentatively utilize about 25 percent of the current design capacity which could be expanded in the future to accommodate even further development. Additional enhancements include the capability to interact with future alarm needs such as an early detection warning system for earthquakes as well as to interact with the proposed Hexagon CAD system for monitoring Civic Center devices from the new Public Safety Building following its construction. 3. Is the budget allocation described in the contract the final financial burden on the City or will future maintenance for the new fire protection system be necessary? Annual testing is completed in accordance with the fire code on any system, including the existing system. An important safety enhancement to the system includes the ability to continually self‐monitor all the addressable components. This also allows for the annual testing of the system to be performed during regular working hours without disturbing building occupants with the associated noise of the alarms and visual notification devices activating. Testing during non‐overtime hours will also yield a small cost savings of approximately $2,000 per year. 4. How does this fire protection system compare to others in public buildings across the city and will it be setting or meeting the standard for fire protection in Palo Alto? This system currently meets or exceeds the capabilities of fire alarm systems in other City maintained and owned buildings in Palo Alto. It complies with applicable building code requirements, while providing capacity for future expansion. Item 8: Adoption of ADA Transition Plan Update (Question provided by Council Member Cormack) 1. The transition plan schedule at 60 years is quite lengthy. Understanding that this timeframe is typical for changes of this magnitude and cost, would it be appropriate to prioritize the projects based on their usage first and the other criteria thereafter? Staff worked with the consultant to propose a schedule that first prioritized the points of arrival needed for site access, to support a basic level of accessibility. The highest priority also includes current budgeted capital projects which are often at locations with the highest public use. Using existing recurring and one‐time CIP projects helps leverage funding for this work and provides for more complete projects. This schedule is a living document, and as such can be revised to accommodate new capital renovation projects at priority facilities in the future, even if they don’t align with the current schedule. 3 Many of the City’s high use/traffic facilities have been recently rebuilt or renovated using recent codes, so that remaining issues are of a lower priority. The Mitchell Park Library and Community Center (MPLCC) and Civic Center are examples. MPLCC construction was completed in 2014 and the project was designed in compliance with then‐applicable accessibility codes. Renovations at the Civic Center have occurred on individual floors and have included ADA upgrades, while additional ADA upgrades needed on the ground floor are planned as part of the City Council Chambers Upgrade Project CIP TE‐19001. Thank you. Danille Rice Executive Assistant to the City Manager (650) 329‐2105 | danille.rice@cityofpaloalto.org www.cityofpaloalto.org City of Palo Alto (ID # 12302) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/7/2021 City of Palo Alto Page 1 Summary Title: Adopt Legislation Continuing Temporary Regulations for Outdoor Dining, Retail, and Personal Services Title: Adoption of an Ordinance and Resolution Temporarily Continuing: 1) Uses of Public and Private Property for Outdoor Dining, Retail, an d Personal Services; and 2) the Pilot Parklet Program Past the end of the Local Emergency From: City Manager Lead Department: Planning and Development Services Recommendation: Staff recommends that Council: 1. Adopt the attached ordinance which will continue the substantive provisions of Ordinance 5500 until December 31, 2021. Ordinance 5500 permits the City to issue encroachment permits for dining, retail, personal service, and indoor recreation in outdoor areas. These include closed public streets, sidewalks, public parking lots, and on-street parking spaces when used as parklets1. It also allows the use of private parking lots for similar uses in lieu of normal parking requirements. This ordinance will allow these programs to continue past the end of the local emergency when Ordinance 5500 will sunset. 2. Approve the attached resolution which will continue the Pilot Parklet Program as first approved in Resolution 9909. This resolution will allow the pilot to continue to the existing sunset date of December 31, 2021 even if emergency measures related to COVID-19 are reduced or rescinded. Background and Discussion: On June 23, 2020, the City Council adopted Ordinance 5500, which temporarily permitted businesses, such as restaurants, retail, and personal services, to operate outdoors on both 1 Parklets in Palo Alto permitted temporarily during the emergency have included both at-grade and platform style parklets where the platform extends and is affixed to the existing public sidewalk. City of Palo Alto Page 2 public and private property in lieu of normal zoning and parking requirements. (See staff report and minutes). A summary of Ordinance 5500’s provisions follows: • Use of City Rights-of-Way: Permits the City to issue encroachment permits for use of temporarily closed streets, sidewalks, city-owned parking lots, and for use of on-street parking spaces as at-grade or platform style parklets for dining, retail, personal services, and recreation uses. (This ordinance does not authorize the temporary closure of City streets; it merely allows the use of the streets if they are closed). • Use of Private Property: Permits the Director of Planning to approve use of private surface parking lots and other privately owned outdoor areas not normally permitted for dining, retail, personal services, and recreation uses. • Permits Alcohol Service: Establishments that are allowed to serve alcohol under a conditional use permit or as a legal nonconforming use may serve alcohol outdoors if approved by the state Department of Alcoholic Beverage Control, notwithstanding any other City zoning code or CUP restriction. • Waiver of Reviews and Fees: Waives architectural review and permit/review fees otherwise required for the activities above. Ordinance 5500 was adopted as an emergency ordinance based, in part, on the presence of restrictions prohibiting many indoor business operations. Ordinance 5500 is set to expire at the same time the City’s local emergency is declared over. As the state moves toward lessening restrictions for all types of businesses, including restaurants, retail, and personal services, the emergency basis that underpins Ordinance 5500 will undoubtedly fade. The attached ordinance re-adopts the substantive provisions of Ordinance 5500 as a regular ordinance. This will allow the various outdoor uses to continue, even if and when the local emergency is declared over and/or if the state reduces or ends its restrictions on indoor activities. Adoption of the attached ordinance is also necessary to ensure the pilot parklet program can continue should COVID-related restrictions subside or be rescinded completely. The attached ordinance will sunset on December 31, 2021, in line with the Council’s direction to extend the pilot parklet program to that date. Council should note that the prior ordinance allowed consumption of alcoholic beverages in Lytton Plaza and Heritage Park. Staff do not recommend continuing this allowance and the proposed ordinance does not include this policy. Initially, this was included to account for patrons purchasing to-go food—including to-go alcoholic beverages—and allowing patrons to enjoy their meal in an area nearby to the restaurant. With the state and county re -opening, including the opening of bars and restaurants, this is no longer needed. Council should note that as a regular ordinance, this ordinance requires two readings for adoption and will be effective on the 31st day after adoption. Should Council approve the City of Palo Alto Page 3 ordinance on first reading on June 7, the second reading is tentatively scheduled for June 21, and the ordinance would be effective July 22. As a companion to Ordinance 5500, the Council also approved Resolution 9909 at the same June 23, 2020 meeting, which approved operational details and regulations to the pilot parklet program and separately gave the City Manager authority to close certain streets. The resolution attached continues the pilot parklet program provisions of Resolution 9909 to the existing sunset date of December 31, 2021, but without relying on any emergency powers or authority. This will permit the pilot parklet program to continue should the county and state COVID-19 restrictions continue to be reduced or if they are rescinded completely. Updates on Street Closures in University Avenue and California Avenue Areas While this ordinance and resolution allow the extension of these programs, the City is currently making plans to end some programs. At the time of this report’s publication, staff are conducting outreach regarding the following proposal: • Recommend University Avenue and Ramona Street reopen on Tuesday, July 6, 2021 • Recommend California Avenue reopen on Tuesday September 7, 2021. Note that the September date allows for businesses on California Avenue to pursue parklets under the temporary program and a smoother transition from a full street closure model to a parklet only model for operations. It also allows staff to plan for potential adjustments to the Farmer’s Market footprint. The actions above will be proposed in response to potential end to of the state of emergency and testimony from local retailers and property owners. This testim ony included comparisons from several retailers with stores in different Bay Area communities , as well as some restaurants, that demonstrated sales at other areas have rebounded while sales in Palo Alto locations have not. For example, b8ta noted that customer traffic is down 92% in Palo Alto from a comparable month pre-Covid, while the rest of its retail stores are recovering 5 -10% on a relative basis per week. Traffic is down 92% in Palo Alto from a comparable month pre-Covid. The rest of its stores are recovering 5-10% on a relative basis per week. Palo Alto has shown a declining recovery month over month. Likewise, the City has heard from restauranters that would like the closures to remain. They site patrons not being comfortable with dining indoors. Additionally, they have indicated limited in door space and patronage indoors will lead to layoffs of staff. The City Council has approved funding to develop streetscape designs for longer term closure of University and California Avenues that would enable regular (e.g. weekend) closure and opening of these streets to accommodate both vehicular access and pedestrian environment goals. The development of such designs will require extensive participation by community stakeholders, environmental review, and ultimately implementation funding from businesses City of Palo Alto Page 4 within each district. This process will necessarily extend beyond the current emergency period. The above plans will be further discussed by the City Council on June 22, 2021 and , while related, are not the subject of this report or proposed actions. Neither the proposed ordinance nor proposed resolution depend on street closures; however, they are necessary should the City proceed with opening closed streets and wish to continue to authorize parklets and other encroachments. Policy Implications: At this time, uncertainy regarding the state’s response to the pandemic remains. While generally the state—and the Bay Area in particular—have indicators trending in the right directions, it is unknown what restrictions will remain. It is also unknown how long vaccinations provide protections, if booster shots will be needed, how the continued circulation of the virus may further COVID-19 spread, and if or how the winter months may affect spread of the virus. By continuing these programs, the City can continue some flexibility for activities to occur outdoors. These outdoor activities may be safer, may feel safer for some patrons, and may provide a desireable amenity that draws more residents and visitors to Palo Alto. The extension will continue to limit some parking spaces where private parking lots are used all or in part for outdoor dining and retail. This could impact off -street parking availability. Additionally, the extension of the parklet pilot program w ill continue to occupy on-street parking spaces; dedicating these spaces to use by private businesses in lieu of use by private cars. Lastly, waiving fees for these encroachment permits may benefit businesses, but will limit the City’s collection of fees. These fees are a revenue source that helps ensure those utilizing city services pay the cost of those services. At this time, staff recommend and the proposed ordinance continues the fee waivers for these encroachment permits. Many businesses that desire to use outdoor space have already filed for and been issued an encroachment permit. Businesses in the closed portion of Cal Ave, however, have not had the opportunity to build parklets, and therefore fee waivers may be a reasonable consideration. In adddition, many businsses remain strained financially, so welcome the relief as they undertake ourdoor seat. Given, however, the City’s constrained budget, recovering fees for staff work is important to sustaining the City organization. Still, the City may w ish to continue providing this relief for businesses considering the ongoing economic recession facing businesses large and small. Regarding the temporary parklet pilot program, City staff do propose administrative changes to the program that will aim to limit conflicts as a result of the program. First, new parklets must adhere to the City’s design guidelines. The City will not tolerate construction of any parklet that City of Palo Alto Page 5 is unpermitted, for which plans have not been reviewed and approved, and which have no t been duly inspected as required. Second, a parklet can only extend in front of a neighboring store front if that store owner and/or manager agrees. This should reduce conflict between neighbors. These changes will be reflected in the administrative guidelines approved by the Director of the Public Works Department. Resource Impact: Planning Code Enforcement Officer, Building Inspection staff, and Public Works staff will have additional workload related to this program. In addition, the encroachment permit fee waivers mean the City will not recover the costs for reviewing and issuing permits. Stakeholder Engagement: The City Manager’s Office has continued to lead bi-weekly meetings with local businesses. More recently, and in light of diminished attendance due to the improving business climate, the meetings have become monthly. During these meetings, businesses and property owners have expressed broad support for parklets, outdoor dining, and parking lot use for outdoor business activities. Generally, though not in all cases, these activities do not pose challenges to neighboring businesses and can allow multiple types of businesses to conduct their needed activities. Environmental Review: This ordinance and resolution are categorically exempt from CEQA under CEQA Guidelines Sections 15301 (existing facilities) and 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment). Attachments: Attachment A - Interim Ordinance Temporarily Continuing the Expansion of Outdoor Dining, Retail and Other Activities on Public and Private Property Past the End of the Local Emergency (PDF) Attachment B - Resolution of the Council of the City of Palo Alto Continuing the Pilot Parklet Demonstration Program Past the End of the Local Emergency (PDF) *NOT YET APPROVED* 0230_20210525_ts24 1 Ordinance No. _____ Interim Ordinance of the Council of the City of Palo Alto Temporarily Continuing the Expansion of Outdoor Dining, Retail and Other Activities on Public and Private Property and Relaxing Regulations Regarding Onsite Parking, On‐Sale of Alcohol, Design/Architectural Review, Permit Fees, and Alcohol Consumption in Public Places, All to Facilitate Such Outdoor Use The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. On June 23, 2020, the City Council adopted Ordinance 5500, an emergency ordinance, in response to COVID‐19 and its effects on local businesses. At that time and since then, county and state regulations related to COVID‐19 have limited or curtailed many indoor activities, including dining, bars, retail, performances, and other recreational uses. B. Ordinance 5500 will sunset at the same time the City’s declaration of local emergency due to COVID‐19 is rescinded. (See section 14 of Ordinance 5500). C. The State of California has indicated that its COVID‐19 related regulations for most businesses may end in June 2021 with the end of the state’s “Blueprint for a Safer Economy,” also known as the four‐tiered system of regulations for businesses based on several COVID‐19 public health metrics. In recent months, the County of Santa Clara has progressed from the highest level of restrictions, the purple tier, to the lowest yellow tier within the state’s Blueprint for a Safer Economy. D. Through this Ordinance, the City Council desires to temporarily continue the provisions of Ordinance 5500 even if state, county, and/or City regulations related to COVID‐19 become less restrictive or are rescinded completely. SECTION 2. City Manager Authorization The City Manager or his or her designee(s) may promulgate guidelines and implementing regulations for the uses and programs described in this Ordinance as long as such regulations do not conflict with this Ordinance. SECTION 3. Fee Waivers for Encroachment Permits and Parking Space Closures A. The permit fees set forth in the Municipal Fee Schedule are temporarily waived for applications for encroachment permits under Palo Alto Municipal Code Section 12.12.010 and Section 12.12.020, as modified by this Ordinance, to place structures and equipment *NOT YET APPROVED* 0230_20210525_ts24 2 in the public right‐of‐way (including closed streets and sidewalks) for purposes of outdoor dining and outdoor retail sales and display of wares. B. The parking space closure fee in the Municipal Fee Schedule collected by the Department of Planning and Development Services is temporarily waived for the use of a parking space(s) on‐street or in a parking lot for purposes of outdoor dining and outdoor retail sales and display of wares as authorized through an encroachment permit, license, or agreement with the City. SECTION 4. Modified Review Process for Commercial Sidewalk Encroachment Permits Notwithstanding contrary provisions of PAMC Section 12.12.020, permits may be granted for commercial sidewalk encroachments for outdoor retail sales and display areas and outdoor eating areas. Permits for these purposes shall not be required to undergo and complete design review by the Planning Department described in subsection (d) of Section 12.12.020. Except as expressly modified herein, the provisions of Section 12.12.020 shall apply to commercial sidewalk encroachments. SECTION 5. Eating and Drinking Establishments Eating establishments, and drinking establishments may temporarily relocate some or all of their existing indoor seating capacity to outdoor seating capacity, as follows: A. Location. Outdoor eating areas may be placed in one or more of the following areas: 1. Public streets temporarily closed by the City of Palo Alto, through issuance of an encroachment permit under PAMC Section 12.12.010; 2. Sidewalks through issuance of an encroachment permit under PAMC Section 12.12.020, as modified by Section 4 of this Ordinance; 3. In on‐street parking spaces approved for use as temporary parklets, in accordance with the Pilot Parklet Demonstration Project as first approved by Council Resolution No. 9909 and continued by subsequent resolutions; 4. Surface parking lots that currently provide required onsite parking for the eating/drinking establishment, through issuance of an approval by the Director of Planning, or his or her designee, as described in subsections C and D of this Section, below; 5. Other outdoor areas on the eating/drinking establishment site not originally permitted for outdoor seating in the establishment’s approved site plan or planning entitlement (such as landscaped areas), through issuance of an approval by the *NOT YET APPROVED* 0230_20210525_ts24 3 Director of Planning, or his or her designee, in accordance with subsections C and D of this Section, below; and 6. In other areas that the Council identifies by resolution or ordinance. B. Use of Private Parking Lots – Temporary Reduction of Parking Requirements. 1. Notwithstanding the parking requirements applicable to eating/drinking establishments in Title 18 (Zoning) of the PAMC or in individual planning entitlements or approvals for eating/drinking establishments, an eating/drinking establishment may place outdoor eating areas in its parking lot, so long as at least half of the parking spaces on the subject site remain available for use by vehicles. If the establishment’s parking lot has ten or fewer parking spaces, up to 100 percent of the parking lot may be used for outdoor eating, subject to review and approval of the Planning Director or his or her designee. 2. Notwithstanding the parking requirements applicable to shopping centers and their tenant businesses in Title 18 (Zoning) of the PAMC or in individual planning entitlements or approvals for shopping centers or their tenant businesses, a shopping center with an eating/drinking establishment tenant(s) may place outdoor eating areas for such tenant business(es) in the shopping center parking lot, so long as at least half of the parking spaces on the subject site remain available for use by vehicles. C. Application. An application in a form approved by the Director of Planning shall be submitted to the Planning and Development Services Department to relocate some or all of an eating/drinking establishment’s permitted indoor restaurant seating to outdoor seating in privately‐owned areas on the eating/drinking establishment site not originally permitted for outdoor eating. The Director of Planning is authorized to establish submittal requirements and procedures. Temporary Use Permits (TUP) under PAMC Section 18.42.050 may be utilized for this purpose. A TUP issued for this purpose may be valid for a specified period longer than 45 days, notwithstanding subsection (d) of Section 18.42.050. The Planning Director may extend a TUP issued prior to the effective date of this Ordinance to be valid beyond 45 days. D. Seating Layout Review. A Seating Layout Review is required to relocate some or all of an eating/drinking establishment’s permitted indoor seating to outdoor seating in privately‐ owned areas on the eating/drinking establishment site not originally permitted for outdoor eating. The Seating Layout Review shall be conducted by a transportation planner, planner, and/or fire inspector who will review and either approve or require modifications to the proposed outdoor seating layout based on the following criteria: 1. Seating layout does not create a safety risk and adequate pedestrian and vehicular separation is maintained, including with movable barriers as appropriate where *NOT YET APPROVED* 0230_20210525_ts24 4 outdoor seating is to be placed in parking lots or on‐street parking spaces. 2. Seating layout accommodates appropriate vehicle and pedestrian circulation and maintains adequate paths of travel and complies with accessibility requirements of the Americans with Disabilities Act. 3. Any tents must comply with fire codes and Palo Alto Fire Department issued standards for tents, and safety standards set forth by the National Fire Protection Association for fire‐resistant tents and must include an affixed manufacturer’s label stating the tent meets NFPA requirements. A State Fire Marshal seal on the tent or a certificate is needed to prove treatment. 4. Any heaters must comply with fire codes. 5. An adequate and visible barrier is placed that clearly separates the retail area from the parking area and provides sufficient protection for patrons. Adequacy shall be defined in standards and guidelines issued by the Director of Planning. 6. Other requirements established in the standards and guidelines issued by the Director of Planning. E. Fee. No fee will be charged for submittal and review of the Application and for conducting a Seating Layout Review. F. Occupancy. Total seating occupancy (including all indoor and outdoor seating) shall not exceed the overall occupancy for which the restaurant is permitted. G. Alcohol Service. Establishments that are allowed by the City to serve alcohol for onsite consumption by issuance of a conditional use permit (“CUP”) as required by PAMC Section 18.42.090 or as a legal nonconforming use, and that both have an on‐sale license from the Department of Alcoholic Beverage Control (“ABC”) and are duly authorized by ABC to serve alcohol in outdoor areas, shall be allowed to serve alcohol for onsite consumption in such outdoor areas, notwithstanding any prohibition on outdoor alcohol service or consumption in the PAMC or planning entitlement issued under Title 18 (Zoning) of the PAMC. During the effective period of this Ordinance, establishments that meet the preceding requirements may expand their footprint to outdoor areas without an amendment of the CUP, notwithstanding PAMC Section 18.42.090(c). Outdoor alcohol service shall be in full compliance with ABC regulations, as amended. H. No Architectural Review. Notwithstanding PAMC Sections 18.77.077 and 18.76.020, architectural review shall not be required for proposed outdoor eating areas or signage related to such areas during the effective period of this Ordinance. *NOT YET APPROVED* 0230_20210525_ts24 5 SECTION 6. Retail Establishments Retail establishments may temporarily relocate some or all of their existing customer‐accessible square footage to outdoor spaces as follows: A. Location. Outdoor retail sales and display areas and outdoor eating areas may be placed in one or more of the following areas: 1. Public streets temporarily closed by the City of Palo Alto, through issuance of an encroachment permit under PAMC Section 12.12.010; 2. Sidewalks through issuance of an encroachment permit under PAMC Section 12.12.020, as modified by Section 4 of this Ordinance; 3. Surface parking lots that currently provide required onsite parking for the retail establishment, through issuance of an approval by the Director of Planning, or his or her designee, as described in subsections C and D of this Section, below; 4. Other outdoor areas on the retail establishment site not originally permitted for retail sales and display or dining in the retail establishment’s approved site plan or planning entitlement (such as landscaped areas), through issuance of an approval by the Director of Planning or his or her designee in accordance with subsections C and D of this Section, below; and 5. In other areas that the Council identifies by resolution or ordinance. B. Use of Private Parking Lots – Temporary Reduction of Parking Requirements. 1. Notwithstanding the parking requirements applicable to retail establishments in Title 18 (Zoning) of the PAMC or in individual planning entitlements or approvals for retail establishments, a retail establishment may conduct outdoor retail sales and display and may place outdoor eating areas in its parking lot, so long as at least half of the parking spaces on the subject site remain available for use by vehicles. If the establishment’s parking lot has ten or fewer parking spaces, up to 100 percent of the parking lot may be used for outdoor dining/retail, subject to review and approval of the Planning Director or his or her designee. 2. Notwithstanding the parking requirements applicable to shopping centers and their tenant businesses in Title 18 (Zoning) of the PAMC or in individual planning entitlements or approvals for shopping centers or their tenant businesses, a shopping center with a retail establishment tenant(s) may place outdoor retail sales and display areas and outdoor eating areas for such tenant business(es) in the shopping center parking lot, so long as at least half of the parking spaces on the subject site remain available for use by vehicles. *NOT YET APPROVED* 0230_20210525_ts24 6 C. Application. An application in a form approved by the Director of Planning shall be submitted to the Planning and Development Services Department to relocate some or all of a retail establishment’s customer‐accessible square footage to outdoor retail sales and display in privately‐owned areas on the retail establishment site not originally permitted for outdoor retail sales and display. The Director of Planning is authorized to establish submittal requirements and procedures. Temporary Use Permits (TUP) under PAMC Section 18.42.050 may be utilized for this purpose. A TUP issued for this purpose may be valid for a specified period longer than 45 days, notwithstanding subsection (d) of Section 18.42.050. The Planning Director may extend a TUP issued prior to the effective date of this Ordinance to be valid beyond 45 days. D. Merchandise or Seating Layout Review. A Layout Review is required to relocate some or all of an retail establishment’s permitted indoor customer‐accessible square footage to privately‐owned areas on the retail establishment site not originally permitted for retail. The Layout Review shall be conducted by a transportation planner, planner, and/or fire inspector who will review and either approve or require modifications to the proposed retail layout based on the following criteria: 1. The placement of the merchandise, displays, or other items does not create a safety risk and adequate pedestrian and vehicular separation is maintained, including with movable barriers as appropriate where outdoor seating is to be placed in parking lots or on‐street parking spaces. 2. The layout accommodates appropriate vehicle and pedestrian circulation and maintains adequate paths of travel and complies with accessibility requirements of the Americans with Disabilities Act. 3. Any tents must comply with fire codes and Palo Alto Fire Department issued standards for tents, and safety standards set forth by the National Fire Protection Association for fire‐resistant tents and must include an affixed manufacturer’s label stating the tent meets NFPA requirements. A State Fire Marshal seal on the tent or a certificate is needed to prove treatment. 4. Any heaters must comply with fire codes. 5. An adequate and visible barrier is placed that clearly separates the retail area from the parking area and provides sufficient protection for patrons. Adequacy shall be defined in standards and guidelines issued by the Director of Planning. 6. Other requirements established in the standards and guidelines issued by the Director of Planning. *NOT YET APPROVED* 0230_20210525_ts24 7 E. Fee. No fee will be charged for submittal and review of the Application and for conducting a Layout Review. F. No Architectural Review. Notwithstanding PAMC Sections 18.77.077 and 18.76.020, architectural review shall not be required for proposed outdoor retail areas or signage related to such areas during the effective period of this Ordinance. SECTION 7. Compliance with Other Regulations, Orders and Approvals The uses of public and private property allowed in this Ordinance shall be conducted in compliance with any applicable state or county mandate (including executive orders and health orders), this Ordinance, Resolution No. 9909 and its successors, and all other local and state regulations, orders, and approvals, as applicable (collectively, “Applicable Law”). Any approval, allowance or permit to conduct such temporary outdoor use(s) shall be subject to revocation by the issuing City official if the use is conducted in violation of Applicable Law, or poses a threat to public health, safety or welfare. SECTION 8. No Vested Rights The outdoor uses of public and private property allowed in this Ordinance are temporary and shall be terminated upon the earlier of the date stated in the applicable permit/approval or the expiration of this interim Ordinance, unless earlier revoked by the City Manager or other authorized official (or their designee) or terminated by action of the City Council. The City may discontinue one or more, or all, of the allowed outdoor uses at any time if the City Manager or designee determines that the public health, safety or welfare warrant such action. Nothing in this Ordinance shall establish a vested right. SECTION 9. Suspension of Prohibition on Alcohol Consumption in Lytton Plaza and Cogswell Plaza Notwithstanding PAMC Sections 22.04.330 and 22.04.331, the City Manager is authorized to suspend the prohibition on consumption of alcoholic beverages in the parking lots adjacent to Lytton Plaza and Cogswell Plaza. SECTION 10. Use of City Parking Lots for Reopening Activities A. The City Manager, or his or her designee (“City Manager”), is authorized to permit outdoor dining, retail and other activities necessary to facilitate the reopening of businesses, in public parking lots owned by the City, subject to the City Manager’s adoption of rules, regulations, guidelines, and standards for such use (“Regulations”), and publication of such Regulations on the City’s website. Use of parking lots, or portions thereof, by a business shall require a license or other agreement, including an agreement to indemnify and hold harmless the City, and provision of insurance. *NOT YET APPROVED* 0230_20210525_ts24 8 B. The City Manager is authorized to waive any fee in the Municipal Fee Schedule associated with the temporary use of parking areas for the purposes identified in Section A above. C. Notwithstanding PAMC Section 9.04.020, the City Manager is authorized to suspend the prohibition on consumption of alcoholic beverages in any City owned parking lot. SECTION 11. Personal Services, Indoor Recreation and Other Uses The authorized outdoor uses of public and private spaces authorized in this Ordinance may be applied to personal services, indoor recreation and other uses. Prior to authorizing these additional activities to occur, the City Manager, or his or her designee (“City Manager”), shall adopt rules, regulations, guidelines, and standards for these uses, and publish them on the City’s website. SECTION 12. Severability If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 13. Environmental Review The Council finds that the Ordinance is categorically exempt from CEQA under CEQA Guidelines Sections 15301 (existing facilities) and 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment). SECTION 14. Effective Date This Ordinance shall be effective 31 days after adoption and shall remain in effect until December 31, 2021 unless otherwise modified, repealed or extended by the City Council. // // // // // *NOT YET APPROVED* 0230_20210525_ts24 9 SECTION 15. Uncodified This Ordinance shall not be codified. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Deputy City Attorney City Manager ____________________________ Director of Public Works ____________________________ Director of Planning & Development Services *NOT YET APPROVED* 231_20210525_ts24 1 Resolution No. _____ Resolution of the Council of the City of Palo Alto Continuing the Pilot Parklet Demonstration Program as First Authorized by Resolution 9909 R E C I T A L S A. In June, 2020, the City Council adopted Resolution 9909 in response to COVID-19 and its effects on local businesses. Resolution 9909 created a Pilot Parklet Demonstration Program and also permitted the City Manager to temporarily close certain streets. At that time and since then, county and state regulations related to COVID-19 have limited or curtailed many indoor activities, including dining, bars, retail, and other recreational uses. B. Resolution 9909 has been extended several times by the Council as the COVID-19 pandemic has continued to necessitate various state and county restrictions on many City businesses. See Resolutions 9911, 9933, and 9954 (“successors” or “successor resolutions”). These resolutions were premised on the presence of the COVID-19 pandemic and the associated state and county restrictions on indoor business activities, including dining, retail, and personal services, among others. C. The State of California has indicated that its COVID-19 related regulations for most businesses may end in June 2021 with the end of the state’s “Blueprint for a Safer Economy,” also known as the four-tiered system of regulations for businesses and activities based on several COVID-19 public health metrics. D. The Council desires to temporarily continue the Pilot Parklet Demonstration Program, even if state and county regulations related to COVID-19 become less restrictive or are rescinded completely. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PALO ALTO RESOLVES AS FOLLOWS: SECTION 1. Findings and Declarations. The Council hereby adopts the above Recitals as findings of the Council. SECTION 2. Pilot Parklet Program and Design Requirements. The City Council hereby approves the temporary use of on-street parking spaces in Palo Alto for parklets under the Pilot Parklet Demonstration Program as first described Resolution 9909 and continued by its successor resolutions. A. The Director of Public Works/City Engineer, or his or her designee (the “Director”), is delegated the authority to exercise their discretion to *NOT YET APPROVED* 231_20210525_ts24 2 approve specific parklet locations, plans, designs, materials, and standards, and amendments thereto, consistent with the Parklet Standards and Requirements. The plans and designs shall be signed by the Director. Any existing parklet locations, plans, designs, materials, standards, and amendments to the Parklet Standards and Requirements approved by the Director under the authority of Resolution 9909 and/or its successors shall remain valid under the authority of this Resolution unless otherwise amended, rescinded, or modified in any other way. B. The Director is authorized to issue implementing guidelines and regulations for the Pilot Parklet Demonstration Program, and to approve amendments to the Parklet Standards and Requirements as the Director in his or her discretion deems necessary and proper. Any existing guidelines, regulations, or amendments issued by the Director under the authority of Resolution 9909 and/or its successors shall remain valid under the authority of this Resolution unless otherwise amended, rescinded, or modified in any other way. C. The Director may approve a parklet application through issuance of an Encroachment Permit, subject to the general regulations in Palo Alto Municipal Code Section 12.12.010 and the following criteria and procedures: 1. Use. Parklets shall be restricted to outdoor eating areas of eating establishments. 2. Application and Review. A complete application for a parklet encroachment permit shall be reviewed by City staff for a determination as to whether such application complies with the Parklet Standards and Requirements. The application shall include all information necessary for a determination on the application including, but not limited to a certificate of insurance and a hold harmless and indemnity agreement in favor of the City shall be submitted in accordance with the provisions of Palo Alto Municipal Code Section 12.08.120. The Director shall grant or deny the application. 3. Conditions. Conditions of approval may be imposed on parklet encroachment permits to maintain the public health, safety and welfare. 4. Revocation. The Director may revoke a parklet encroachment permit if he or she determines that the conditions of the permit, the provisions of this Resolution, or any applicable regulation, ordinance, or provision *NOT YET APPROVED* 231_20210525_ts24 3 of the Municipal Code are being violated, or if the municipal use of the area is required for reasons of public health, safety, welfare or convenience. The permittee shall be notified of an intent to revoke the permit and shall be entitled to a hearing before the Director whose decision shall be final. 5. Existing Permits. Any parklet encroachment permit issued under the authority of Resolution 9909 and/or its successors shall remain valid under the authority of this Resolution unless such a permit is otherwise amended, revoked, or modified in any other way. SECTION 3. Rules and Regulations. In addition to the authority given to the Director of Public Works and his or her designee in Section 2 of this Resolution, the City Manager is authorized to enact any rule or regulation or implementing guidelines to effectuate and implement this Resolution. SECTION 4. Compliance with Other Regulations, Orders and Approvals. The uses of public and private property allowed in this Resolution shall be conducted in compliance with any applicable state or county mandate (including executive orders and health orders), and all other local, county, and state regulations, orders, and approvals, as applicable (collectively, “Applicable Law”). Any approval, allowance or permit to conduct such temporary outdoor use(s) shall be subject to revocation by the issuing City official if the use is conducted in violation of Applicable Law, or poses a threat to public health, safety or welfare. SECTION 5. No Vested Rights. The uses allowed in this Resolution are temporary and shall be terminated upon the earlier of the date stated in the applicable permit/approval or the expiration of this Resolution, unless earlier revoked by the City Manager or other authorized official (or their designee) or terminated by action of the City Council. The City may discontinue one or more, or all, of the allowed uses at any time if the City Manager or designee determines that the public health, safety or welfare warrant such action. Nothing in this Resolution shall establish a vested right. SECTION 6. The Council finds that this Resolution is categorically exempt from CEQA under CEQA Guidelines Sections 15301 (existing facilities) and 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment). SECTION 7. This Resolution supersedes Section 4 of Resolution 9909, as extended by Resolutions 9911, 9933, and 9954. // // *NOT YET APPROVED* 231_20210525_ts24 4 SECTION 8. This Resolution shall become effective immediately upon approval and shall remain in effect until December 31, 2021 unless otherwise modified, repealed or extended by the City Council. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Deputy City Attorney City Manager _____________________________ Director of Public Works _____________________________ Director of Planning and Development Services City of Palo Alto (ID # 12339) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/7/2021 City of Palo Alto Page 1 Summary Title: Second Reading: Clarifying Emergency Building and Planning Permit Extensions Title: SECOND READING: Adoption of an Ordinance Updating an Emergency Permit Extension Ordinance in Response to Changes to Santa Clara County Health Orders (FIRST R EADING: May 24, 2021 PASSED: 7 -0) From: City Manager Lead Department: City Clerk This was heard by the City Council on May 24, 2021 for a first reading. No changes were made to the Ordinance; it is now before you for a second reading. Attachments: • Attachment A: Ordinance Updating Emergency Permit Extension Ordinance *NOT YET APPROVED* 0160049_20210511_ay16 1 Ordinance No. _____ Ordinance of the Council of the City of Palo Alto Updating Emergency Permit Extension Ordinance in Response to Changes to Santa Clara County Health Orders The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency due to the threat COVID-19. Thereafter, the County Public Health Officer of Santa Clara County (“County”) and City Manager Ed Shikada, acting as director of Emergency Services, issued various orders significantly limiting activities in the County and City of Palo Alto (“City”). B. In a series of Orders enacted from March to April of 2020, the County prohibited most residential and almost all commercial construction. The City found that these and other efforts to slow the spread of COVID-19 resulted in the delay and cessation of land use development activity, effectively shortening the validity of planning entitlements and building permits. C. On May 4, 2020, the City adopted Ordinance No. 5496 (“Emergency Extension Ordinance”), which suspended the expiration of various licenses, permits, and applications issued by the Department of Planning and Development Services, based on the length of the period that construction was slowed or halted by County Shelter-in-Place Orders. D. Over the next months, the County’s Shelter-in-Place Orders became less restrictive. The County’s current Risk Reduction Order allows for a variety of construction activities to occur. E. On March 12, 2020, the Director of Emergency Services issued a proclamation declaring the existence of a local emergency within the City, which was ratified by the City Council on March 16, 2020, and continued on May 11, 2020. F. On June 23, 2020, the City Council adopted Resolution No. 9907, continuing the local emergency (“Local State of Emergency”) until terminated by action of the City Council. G. The City Council finds that circumstances have changed significantly since the Emergency Extension Ordinance was first passed. With new safeguards to protect public health, safety and welfare, construction has resumed. Permit extensions shall be updated to reflect the duration of the current state of emergency in Palo Alto. *NOT YET APPROVED* 0160049_20210511_ay16 2 SECTION 2. Ordinance No. 5496, (the “Emergency Extension Ordinance”) is hereby rescinded. SECTION 3. All building permits and planning entitlements, permissions, and approvals extended by the Emergency Extension Ordinance will toll as follows: (a) An entitlement, approval or permit that would have expired between March 16, 2020 and the date on which the City’s Local State of Emergency is terminated will instead expire 180 days after the date on which the City’s Local State of Emergency is terminated. (b) An entitlement, license or permit for which the original expiration date (i.e. the expiration date absent any extension pursuant to Ordinance 5496) has not passed by the date on which the City’s Local State of Emergency is ter minated will instead expire 180 days after the original expiration date. SECTION 4. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 5. The City Council finds that adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that temporarily extending certain permit approvals and application processing timelines for a limited period of time will not have a significant effect on the environment. // // // // // // // // *NOT YET APPROVED* 0160049_20210511_ay16 3 SECTION 6. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Planning & Development Services City of Palo Alto (ID # 12255) City Council Staff Report Report Type: Action Items Meeting Date: 6/7/2021 City of Palo Alto Page 1 Summary Title: PUBLIC HEARING: Resolution to suspend assessments for FY22 (BID) Title: PUBLIC HEARING: Adoption of a Resolution to Suspend Assessments for Fiscal Year 2022 for Downtown Business Improvement District (BID) ((CONTINUED FROM JUNE 1, 2021)) From: City Manager Lead Department: Administrative Services Recommendation Staff recommends that the City Council hold a public hearing and adopt a resolution temporarily suspending the levy of assessments in Fiscal Year 2022 in connection with the Downtown Palo Alto Business Improvement District (BID). Background The BID was established by the City Council in 2004 pursuant to the California Parking and Business Improvement Area Law to promote the economic revitalization and physical maintenance of the Palo Alto Downtown business district. The Council appointed the Board of Directors of the Palo Alto Downtown Business and Professional Association (PADBPA), a non- profit corporation, as the Advisory Board for the BID. The Board’s purpose is to advise the Council on the method and basis for levy of assessments in the BID and the expenditure of revenues derived from the assessments. PADBPA in its capacity as the BID Advisory Board has monthly open meetings governed by the Brown Act which any business or indivi dual can attend. In a typical year, such as 2019 (CMR 10315), without COVID-19 implications the City contracts with PADBPA to provide services to businesses in the BID. However, in May 2020 Council suspended the assessment for the BID due to the COVID -19 emergency (CMR 11219). On June 8, 2020, the City Council adopted a Resolution Declaring an Intention to Temporarily Suspend the Levy of Assessment in the BID for FY 2021, setting a date and time for the public hearing on the proposed to temporarily suspend assessments for June 23, 2020 (CMR 11358) thereby suspending the BID assessment for FY 2021 on June 23, 2020. With the continued impacts of COVID 19 on May 17, 2021, the City Council adopted a City of Palo Alto Page 2 Resolution Declaring an Intention to Temporarily Suspend the Levy of Assessment in the BID for Fiscal Year 2022, setting a date and time for the public hearing on the Proposed Temporary Suspension for June 1, 2021, at 5:00PM (CMR 12167). Discussion Traditionally the PADBPA provides an annual report in the spring that includes specifics of the estimated revenues and expenses to be collected and services to be provided by PADBPA in the upcoming fiscal year. And in a typical year, PADBPA would now be returning to Council for confirmation of the report and request for to levy assessments for FY 2022. Council’s approval of the levy would trigger a renewal of the contract with PADBPA for the upcoming fiscal year. The City Council rescinded the Downtown BID assessment for FY 2020 on May 4, 2020 and suspended the assessment for FY2021 on June 23, 2020 . Therefore, PADBPA is not submitting a report for FY 2020/2021 activities. As such, no BID activities are expected to occur in FY 2022. Staff will collaborate with PADBPA to determine next steps and the future state for the Downtown BID during FY 2022 for activities expected in FY 2023. BID assessments have been collected by the City’s contractor Avenu for the last several years along with the Business Registry Certificate program (BRC). A portion of the cost of Avenu has been allocated to the BID, but this will no longer occur in Fiscal Years 2021 and 2022. This transition was made to save costs, streamline efforts and provide businesses with one annual invoice, and aligning the BID and Business Registry Certificate (BRC) fee collection timeline. As a result of this continued suspension, staff expects t o have Avenu continue with BRC data collection but discontinue BID collection work in FY 202 2. This contract is currently a blended service between the BRC and BID, therefore staff will explore contract negotiations with Avenu as a result of this expected reduction in scope in order to achieve cost savings. Work to continue to register businesses for the BRC without collection of fees continues. This will ensure that the BRC database continues to improve. In FY 2022, the City plans to identify means and methods to further enhance collection of the business data in the BRC database as directed by the City Council in March 2020. Resource Impacts No additional funding is requested as part of this report. The BID is set up as a separate fund within the City. Recently, the BID has required a General Fund subsidy as collected assessments fell short of the costs of operating the BID. With no PADBPA expenditures in FY 2021 due to the suspension of activities the fund currently has a positive balance of $12,000. Sufficient funding is available to support minor expenses associated with the contract with Avenu for maintaining the BRC and BID system that are anticipated in Fiscal Years 2021 and 2022. Future funding needs will be brought forward for City Council approval. Stakeholder Engagement Staff has coordinated with the chair of the PADBPA on the recommendation included in this staff report. City of Palo Alto Page 3 Environmental Review The proposed action is not a project for the purposes of the California Environmental Quality Act. Attachments: • Attachment A : Resolution Suspending Assessment for Downtown Business Improvement District Fiscal Year 2022 NOT YET ADOPTED 2020061002 1 Resolution No. Resolution of the Council of the City of Palo Alto Temporarily Suspending the Levy of Assessments Against Businesses Within the Downtown Palo Alto Business Improvement District for Fiscal Year 2022 R E C I T A L S A. The Parking and Business Improvement Area Law of 1989 (the "Law"), California Streets and Highways Code Sections 36500 et seq., authorizes the City Council to levy an assessment against businesses within a parking and business improvement area which is in addition to any assessments, fees, charges, or taxes imposed in the City. B. Pursuant to the Law, the City Council adopted Ordinance No. 4819 establishing the Downtown Palo Alto Business Improvement District (the "District") in the City of Palo Alto. C. The City Council, by Resolution No. 8416, appointed the Board of Directors of the Palo Alto Downtown Business & Professional Association (“PADBPA”), a California nonprofit mutual benefit corporation, to serve as the Advisory Board for the District (the "Advisory Board"). D. Since March 17, 2020, Santa Clara County has been under a series of Shelter in Place orders issued by the County Health Officer due to the COVID -19 pandemic and statewide emergency. E. Under the initial Shelter in Place order, most busine sses in downtown Palo Alto were required to close. Most retail businesses were required to close entirely and restaurants were required to close to in-person dining. F. Two months later, on May 22, 2020, retail businesses were allowed to open for curbside pickup only, but many businesses remained closed due in part to the strict protocols required to be implemented in order to open and the substantially reduced customer base with most downtown offices still closed and travel restricted under the modified Shelter in Place order. G. Under the Shelter in Place Order, issued on June 1, 2020, in- store retail and outdoor restaurant dining were allowed to resume effective June 5, 2020, with specified public health measures in place. NOT YET ADOPTED 2020061002 2 H. COVID-19 and the measures to mitigate the spread have resulted in significant financial loss and uncertainty for a tremendous number of people and businesses including those in Palo Alto. The financial impacts are anticipated to continue for months, if not longer. I. In recognition of the current challenges affecting downtown businesses, the City Council on May 4, 2020, rescinded and refunded the previously levied assessments for the District for Fiscal Year 2020 (July 1, 2019 through June 30, 2020) and on June 23, 2020 suspended the levy for Fiscal Year 2021 (July 1, 2020 through June 30, 2021). J. In recognition of the continued challenges affecting downtown businesses, the City Council on March 1, 2021 directed the suspension of assessments for fiscal year 2022 (July 1, 2021 through June 30, 2022). K. The City Council by Resolution No. 9957, declared its intention to temporarily suspend the levied assessments against downtown businesses for Fiscal Year 2022 (July 1, 2021 through June 30, 2022), and scheduled a public hearing on the proposed suspension of assessment on June 1, 2021. L. On June 1, 2021 the City Council held a duly noticed public hearing at which all interested persons were afforded the opportunity to hear and be heard. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PALO ALTO RESOLVES AS FOLLOWS: SECTION 1. The Council hereby adopts the above Recitals as findings of the Council. SECTION 2. The City Council does hereby temporarily suspend the levy of assessments against businesses within the Downtown Palo Alto Business Improvement District for Fiscal Year 2022. // // // // // 2020061002 3 NOT YET ADOPTED SECTION 3. The Council finds that the adoption of this Resolution does not meet the definition of a project under Section 21065 of the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Assistant City Attorney City Manager Director of Administrative Services City of Palo Alto (ID # 12274) City Council Staff Report Report Type: Action Items Meeting Date: 6/7/2021 City of Palo Alto Page 1 Summary Title: 855 El Camino Real: Code Text Amendment to allow Ground Floor Medical Office Use Title: 855 El Camino Real (20PLN -00252): Adoption of an Ordinance Amending Chapters 18.04 and 18.16 of the Municipal Code to Allow Some Ground Floor Medical Off ice ("Retail Health") Uses With a Commensurate Increase in the Overall Office Use Allowed at the Site Subject to Limitations. Environmental Assessment: Exempt From the Provisions of the California Environmental Quality Act (CEQA) in Accordance With Guideli ne Section 15301 (Existing Facilities). Zoning District: CC (Community Commercial) From: City Manager Lead Department: Planning and Development Services Recommendation: Staff and the Planning and Transportation Commission (PTC) recommend that the City C ouncil: 1. Find the attached ordinance exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 (existing facilities); and 2. Adopt the attached Ordinance creating a “retail health” definition allowing a limited amount of retail health uses on the ground floor at Town and Country Shopping Center; and 3. Provide direction to staff on whether to study expansion of retail health uses to other shopping centers or commercial districts. Executive Summary On March 22, 2021, the City Council directed the Planning and Transportation Commission to develop a definition for “retail health.” Council was responding to an application from the owners of Town & Country Village (855 El Camino Real) to allow limited medical office uses on City of Palo Alto Page 2 the ground floor. While Council did not support the medical office uses, the Council did express support for a more limited retail health definition. Similarly, the City Council supported a two- year window for retail health uses to be permitted at Town and Country Village. If approved, the action recommended in this report would allow for the creation of a “retail health” definition and use on the ground floor at Town and Country shopping center and provide staff any direction on future work to expand this use in other areas of the City, which would require a subsequent City Council action. Background: As discussed in previous staff reports to the Planning and Transportation Commission (PTC)1 and Council2, Town & Country Village began experiencing some vacancies prior to the COVID-19 pandemic, which the applicant attributes to shifts in retail trends. Since shelter in place began in March 2020, Town & Country Village has reported more significant increases in vacancies. To address the vacancies the owner requested a text amendment that would allow a portion of the ground floor area to be converted to medical office uses. Instead of approving medical uses outright, the City Council on March 22, 2021, directed staff to return before July with an ordinance to establish a retail health definition and allow, for a two-year limited term, the opportunity to establish such use at Town & Country Village. On May 12, 2021,3 the PTC discussed the updated ordinance and supported (4-3, Commissioners Chang, Lauing, and Summa dissenting) it with amendments and a recommended clarification that any retail health use established during the two -year period – and specific the approved tenant space – would be allowed to stay indefinitely and interchangeable with other permitted uses in the district. Discussion: The PTC deliberated on several aspects of the ordinance including: (1) the definition of retail health; (2) development standards for the retail health spaces; (3) the lease term and long-term land-use of retail health spaces; and (4) the applicability of the ordinance to the rest of Palo Alto. 1 The Staff report for the February 10, 2021, Planning & Transportation Commission hearing is available at: tinyurl.com/855-ECR-First-PTC-Staff-Report and the minutes from this hearing are available at: tinyurl.com/855- ECR-First-PTC-Minutes 2The Staff report for the March 22, 2021, City Council hearing is available at: tinyurl.com/855-ECR-First-Council- Report and the minutes from this hearing are available at: tinyurl.com/855-ECR-First-Council-Minutes 3 The Staff report for the May 12, 2021, PTC hearing is available at: https://tinyurl.com/855-ECR-2ND-PTC-Staff- Report and the video recording of the hearing is available at: https://midpenmedia.org/planning-transportation- commission-63-5122021/ City of Palo Alto Page 3 Definition of Retail Health The PTC wanted to be clear that the goods sold, and services provided at retail health locations would be distinct from medical office uses. Some commissioners expressed concern that Stanford Medical Center or other large healthcare providers would expand to Town and County Village, and further expressed concern that these types of services would not be conducive to the vibrant retail environment. At the same time, the PTC did not want to become overly prescriptive about the types of uses that would fall into this category; this resulted in the direction to devise a definition that can adapt to advances in health services and treatm ents. A central challenge, though, was how to define retail health so it is compatible with a vibrant retail area, while not trying to assume that certain services and good s are acceptable or not acceptable. The PTC recommended that the definition of retail health expressly exclude businesses that provide emergency care, urgent care services, or perform procedures that require convalescence or general anesthesia. Commissioners supporting this motion felt these modest changes would prevent some undesired uses from establishing in the shopping center. It should be noted that the applicant requested text amendment differs from this language, where the original request was to introduce medical office uses more broadly to Town & Country. The applicant provided examples of the types of medical offices they sought, such as primary care practices like One Medical and Carbon Health; dental/braces services such as Invisalign and Candid; and health and wellness services such as Modern Acupuncture and Hyper Wellness type uses. The applicant did state during the hearing that they are generally not supportive of the additional restrictions proposed by the PTC. Development Standards The PTC recommended adjusted development standards to direct the design of retail health spaces. Due to the development standards, PTC anticipates that applicants seeking to lease such space will have a mix of goods for sale while also providing services. To further these goals, the PTC recommends that each retail health space include a minimum retail sales and display area that is 750 sf or 20% of the space, whichever is less. This requirement was an increase from the proposal by Staff to include a 500 sf or 15% (whichever is less) requirement for the storefront and narrowed its use from retail or entrance lobby space to simply retail sales. This requirement is intended to ensure consistency with the retail environments’ storefront openness. Lease Term The proposed ordinance, as recommended by PTC and initially directed by the City Council, requires that retail health uses be established by an executed lease within a limited period of time after the ordinance takes effect. The PTC recommended a firm date of December 31, City of Palo Alto Page 4 2023, rather than “two years” from the effective date of the ordinance. The PTC discussed how this limitation would impact the future of retail health spaces. Specifically, the PTC wanted to be clear about what happens at the end of the initial lease term , given the high investment that may be required for tenant improvements. The PTC discussed the possibility of creating a perverse incentive for extremely long initial leases, multiple options to extend, or assignment of leases if a retail health use were not permitted to sign a subsequent lease to remain in place. To resolve this issue, clarifying language was recommended to expressly state that spaces leased within the initial two-year period could remain in use as one of the base district’s permitted land uses or retail-health uses on an ongoing basis. This also resolved potential confusion about whether retail health uses would be considered non-conforming uses, subject to the allowances and restrictions of PAMC Chapter 18.70, at the end of an initial lease period. As a note, any new use would still be required to obtain a Use and Occupancy permit from the City to legally occupy tenant spaces. This will allow the City to monitor retail health use in the shopping center. There are two alternative lease terms the Council may consider. • First, the Council could choose to allow the existing nonconforming use regulations to control or simply specify that retail health uses must terminate after the initial lease expires (though this could be difficult to enforce). • Second, the Council could allow leases to be executed in two years, but once those tenants vacate the space, the retail health use is no longer allowed in that space. This would mean that if the retail health uses do become established in the next two years and are successful, the use can continue. When, however, a tenant decides to leave the space another retail health user could not occupy the space. PTC did consider these options, but did not support them. Applicability of the Ordinance to Other Areas in Palo Alto If the ordinance is approved as proposed, it will apply only to Town & Country. The PTC also wished to convey their sentiment that this definition could be useful across Palo Alto. They ask that City Council direct staff to explore the viability of this use in other locations, including other retail centers. Researching the applicability of this ordinance city-wide was beyond the scope of the application. Staff do believe that, through the existing referrals to the PTC to explore the definitions of retail and the retail preservation ordinance, that the Cit y can also explore the potential applicability of retail health elsewhere in the city. In addition, the experience of Town & Country Village in leasing for retail health uses, as narrowed by the PTC recommendation, can provide the City perspective on whether the mixture of retail health and retail uses is appropriate in other parts of the City. City of Palo Alto Page 5 Finally, other retail centers and property owners have not approached the City with a similar application. While other property owners could file applications for this use to apply to their properties, that remains to be seen. Staff has conducted limited outreach to Edgewood Plaza and Stanford Shopping Center to understand some vacancy trends. These two shopping centers provide anecdotal data that not all retail en vironments within every shopping center are experiencing the same situation as Town & Country. For context and Council considerations of the PTC recommendation, Edgewood Plaza reports a 10 to 15% vacancy rate; which is a lower vacancy rate in comparison to pre-pandemic years. The Stanford Shopping Center did not disclose specific data on vacancies though they are experiencing low to moderate vacancy rates during the pandemic. Recent building permit submissions for tenant improvements and Use & Occupancy permit suggest positive leasing activity. Indicating further that the Stanford Shopping Center is faring better after the peak of the pandemic in comparison to smaller shopping centers and businesses citywide. PTC Recommendation Ultimately, with these revisions, the PTC voted on a motion that recommended the City Council consider the revised ordinance language in Attachment B with modified language pertaining to the definition of Retail Health and recommend ation that the City Council consider the application of the proposed ordinance to other shopping centers in the City, such as Midtown and Edgewood shopping centers. The PTC voted 4-3 in favor (Commissioners Chang, Lauing, Summa voted no). Comprehensive Plan & Zoning Compliance Staff has reviewed the amendments to the draft ordinance and its consistency with the City’s Comprehensive Plan and finds it generally consistent with the Community Commercial land use designation as documented in Attachment B. Notably, on March 8, 2021, the City Council adopted an ordinance that would allow medical uses in some districts, including the CC District, by right, without the need for a conditional use permit if those medical offices are less than 5,000 sf in area. The proposed ordinance, if approved, combined with the Councils recent action means the retail health uses proposed at Town & Country Village could be ministerially approved without the need for a CUP. In addition, the overall citywide office restriction in the comprehensive plan does not apply to medical uses, and the annual office cap does not apply within Town & Country Village. It should be noted that in terms of required parking, the parking ratio for medical office use is comparable with, but less than retail use, meaning there would not be increased requirements for parking for retail health uses. City of Palo Alto Page 6 Summary of Key Issues: In short, the key issues for the Council to consider are: • The definition of Retail Health uses, including a retail sales area of 750sf, or 20% of the tenant space, whichever is less; • Language amending PAMC 18.16 to allow a limited amount of retail health at Town & Country Village; • The allowance for established retail health uses to remain and interchange from retail and retail health operators on an ongoing basis; • The recommendation by the PTC for Council to consider expanding the application of the proposed ordinance beyond Town & Country Village. Policy Implications: The subject ordinance introduces a new definition within PAMC 18.04 “Definitions” for retail health uses (specific small medical office uses) and new language within PAMC 18.16 “Neighborhood, Community…Districts” to allow retail health uses on the ground floor within Town & Country Village. The proposed ordinance as written is only applicable to Town & Country Village, and could not establish in other areas of Palo Alto unless broader medical office uses are already permitted. If approved, retail health uses would be allowed to occupy tenant spaces where retail and retail-like uses previously existed. Though, with the refinements to the ordinance per Council and PTC recommendations, retail health uses are a limited subset of medical office uses that include a retail component and may not exceed more than 10% of the ground floor area within Town & Country Village. These regulations function to limit the replacement of retail or retail-like uses with retail health uses, aligning with past actions by Council to preserve retail uses citywide. Finally, the PTC did discuss concerns that other property owners facing vacancies ma y file text amendments to allow retail health uses on their property. It’s not possible to know if this will happen. To date, no other property owners have approached City staff seeking to have this definition apply elsewhere. If such an application were m ade, the PTC and City Council can consider the applicability of this definition in the requested location. As previously stated, this allowance for limited square feet of retail health does provide an opportunity to learn what types of retailers find this space appropriate and how the retailers affect the vibrancy of the shopping center. The applicant has provided an updated request letter (Attachment C) detailing the applicants' thoughts on the PTC recommendation. The applicant has suggested a change to the retail health definition. The applicant has suggested the following minor change to the PTC recommended code language as shown in bold text: "Retail Health" means a Medical Office use that is 5,000 square feet or fewer providing City of Palo Alto Page 7 preventative and diagnostic procedure, and other health-related procedures, not requiring convalescence or general anesthesia or emergency services or urgent care, unless associated with a primary care use, but that may include basic patient-oriented laboratory services. The use shall include a storefront and retail sales area (minimum 750 sf or 20%, whichever is less) that is consistent with a retail environment such as a reception desk or retail displays or display windows. Treatment rooms shall not be visible from the entry or exterior. Retail Health m.ay include limited Medical Support Retail uses ( e.g. sale of eyeglasses or other eye care products) that meets these size restrictions and storefront requirements. As stated in the letter, the applicant believes the PTC may not have understood the overlap in the services provided by many new businesses within the retail health market. Contemporary businesses provide a combination of health services such as primary care, walk-in, and urgent care services with settings that are consistent with a retail environment. The applicant provided Carbon Health (Primary Care providers), Invisalign, Candid, Medi-Spa, and Orange Twist as examples of potential retail health tenants which operate during daytime hours and have tenant space designs that are pedestrian facing and appropriate for retail settings. The applicant states that the current zoning in combination with the proposed ordinance would restrict and limit the options for tenants. Therefore the applicant requests that urgent care services be permitted within the retail health definition if the use is associated with a primary care use. The applicant believes the language as developed by staff and modified by the PTC “strikes a balance between maintaining the traditional retail feel of the Town & Country Village and providing a small amount of flexibility that will enhance the overall vibrance of the retail center, while providing a new Retail Health offering to the community”. Council may consider the applicability of the ordinance language as recommended by PTC and the suggestion by the applicant. A consideration for Council is that if it is difficult for the property owner to identify retail health tenants within the proposed definition, then the ordinance may not alleviate the vacancies which have motivated the applicant to request a text amendment. Thus, the draft ordinance as proposed could have limited value to the City, residents, and the applicant. Timeline: If approved, the ordinance would become effective on the 31st day following a second reading of the ordinance. Stakeholder Engagement: The Palo Alto Municipal Code requires a notice of this public hearing to be published in a local paper and mailed to owners and occupants of property within 600 feet of the subjec t property City of Palo Alto Page 8 at least ten days in advance. Notice of a public hearing for this project was published in the Daily Post on May 28, which is 10 days in advance of the meeting. Postcard mailing occurred on May 24, which is 14 days in advance of the meeting. During the PTC hearing on May 12, 2021, three public speakers provided comments. The first speaker (Aruna, of Filmore and Fifth) discussed her experience as a business owner of a retail store within Town & Country Village during the pandemic, stating the la ndlord of Town & Country was flexible and worked as much as possible to assist tenants. The commenter supported the proposal to include retail health uses to help Town & Country Village and stated that vacancies are not good for business and hopes to see the center return to its vibrant state. Another commenter (Rick, of Kirks Steak Burgers) who is also a business owner within the Town & Country Village, stated similar support from the landlord in terms of assistance to business owners and believes retail health uses would help fill vacancies. The next commenter (Michael, of Books Inc), discussed his experience within Town & Country as a business and expressed great trust with the landlords’ decision making in terms of leases and believes the retail health uses would help increase foot traffic within the center. The last commenter provided similar comments regarding his experience (Joel, of Gotts Roadside) with the landlord and believes the retail health uses would benefit the center . The landlord would show good judgment regarding what kind of retail health uses they allow. Attachment D of this report also provides all the public comments received for this application as of the writing of this report. Environmental Review: The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Specifically, the project is exempt from CEQA in accordance with CEQA Guidelines Section 15301 (existing facilities). The proposed ordinance would allow for some of the tenant spaces within a mixed-use commercial center to change to medical office uses. The proposed medical office use would replace existing spaces th at were recently occupied by retail or retail like uses, which have similar environmental impacts to the proposed use. Attachments: Attachment A: Location Map (PDF) Attachment B: Draft Ordinance (PDF) Attachment C: Applicant Request Letter (PDF) Attachment D: Public Comments (PDF) 3 0 5 0 B l d g 3 B l d g 1 Bldg 2 Bldg 4 AMF e e B u i l d i n g Peninsula Crea m ery Heinichens_Garage 0 9 -5 6 0 M E N 'S _R E S T R O O M Bldg 5 Trader Joe's J a m p l i s _B u i l d i n g 75.0' 1 124.8' 50.0' 225.0' 50.0' 50.0' 112.5' 50.0' 112.5' 112.5' 75.0' 112.5' 112.5' 112.5' 112.5' 50 50.0' 112.5' 50.0 105.0' 50.0' 105.0' 50.0' 105.0' 50.0 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 10 50.0' 105.0' 100.0' 105.0' 100.0' 105.0' 5 0 .0' 1 2 1 . 2' 5 0 .0 ' 1 2 1 . 2' 5 1 .8' 1 2 1 . 2' 5 1 .8' 1 2 1 . 2 ' 1 2 1 . 2 ' 2 0 7 .3' 2 5 9 .5' 1 2 1 . 2 ' 5 6 .0' 1 2 1 . 2 ' 5 6 .0' 1 0 0 .0' 1 2 1 . 2 ' 1 0 0 .0 ' 1 2 1 . 2' 5 0 .0 ' 1 2 1 . 2' 5 0 .0' 1 2 1 . 2 ' 18.8' 53 5.5' 9 3 8 .0' 578.2' 1 0 1 9 .5 ' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 33.3' 105.0' 33.3' 105.0' 33.3' 105.0' 33.3' 105.0' 33.3' 105.0' 33.3' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 100.0' 105.0' 100.0' 105.0' 105.0' 50.0' 105.0 100.0' 105.0' 100.0' 105.0' 137.5' 112.5'137.5' 112.5' 75.0' 105.0' 75.0' 105.0' 52.0' 105.0' 52.0' 105.0' 73.0' 105.0' 73.0' 105.0' 100.0' 105.0' 100.0' 105.0' 100.0' 105.0' 100.0' 105.0' 100.0' 105.0' 100.0' 105.0' 200.0' 105.0' 200.0' 105.0' 5 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 50.0' 105.0' 5 0 .0' 1 2 1 . 2' 5 0 .0' 1 2 1 . 2' 5 0 .0' 1 2 1 . 2 ' 5 0 .0 ' 1 2 1 . 2' 5 0 .0 ' 1 2 1 . 2 ' 5 0 .0' 1 2 1 . 2 ' 5 0 .0' 1 2 1 . 2' 5 0 .0' 1 2 1 . 2' 5 0 .0' 1 2 1 . 2 ' 5 0 .0 ' 1 2 1 .2 ' 5 0 .0 ' 1 2 1 . 2' 5 0 .0' 1 2 1 . 2' 5 0 .0' 1 2 1 . 2 ' 5 0 .0 ' 1 2 1 . 2' 105.0 0 6 ' 6 0 .6' 1 2 1 . 2' 1 2 1 . 2 ' 5 0 .0 ' 5 0 .0 ' 1 4 8 .2' 1 4 9 .1' 1 2 1 . 2' 1 2 1 . 2' 1 0 0 .0 ' 1 0 0 .0 ' 1 2 1 . 2 ' 1 2 1 . 2' 1 8 2 .3' 2 0 0 .0' 1 2 1 . 1' 14.3' 7 2.6' 137.4' 8 4 .5' 1 1 2 .3' 3 9 . 0' 48.0' 43.5' 1 1 2 .3 ' 8 2 . 2' 2 2 4 .6' 212.7' 72.0' 105 9 1101 1060 1043 1 3 3 5 1 7 5 6 3 8 4 1 4 4 1019 1027 A B 1035 1052 1044 1061 107 105 103 1045 1028 1020 160 1001 1005 1009 1015 1027 1037 1010 1024 1004975 945 929 931 948 181 940 960 145 900 955 999 875853 9 8 1 8 5 5 901-907 909 8 7 9 8 10381036 917 921 925 2 5 5 0 7 9 5 904 100 2 7 2 9 965 1012 95 55 85 901 6 7 998 1107 101 105 1 1 8 HIG H STREET LINC OLN A VE LA NE B EA HIGH STREET AL M A STREET A L M A STREET AL M A STREET C H A NNING A VEN UE A D DISO N A VEN UE E L C A M I N O R E A L E L C A M I N O R E A L E M B A R C A D E R O R O A D U R B A N L A N E E N C I N A A V E N U E E N C I N A A V E N U E LA NE A W EST LANE B W EST CS CC PC- 4389 CS F PC-4782 CS RT-35 RT-50 Palo Alto High School P A M F P A R K I N G S T R U C T U R E EL CAMINO GROVE This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Project Site 0' 199' Town & Country Village855 El Camino Real CITY O F PALO A L T O I N C O R P O R A T E D C ALIFO R N I A P a l o A l t oT h e C i t y o f A P R I L 1 6 1 8 9 4 The City of Palo Alto assumes no responsibility for any errors ©1989 to 2016 City of Palo Alto chodgki, 2020-11-11 15:11:54 (\\cc-maps\Encompass\Admin\Personal\Planning.mdb) *NOT YET APPROVED* 1 0160050_20210519_ay16 Ordinance No. ____ Ordinance of the Council of the City of Palo Alto Amending Chapters 18.04 and 18.16 of Title 18 (Zoning) of the Palo Alto Municipal Code to Establish a Retail Health Use and to Allow A Limited Square Footage of Retail Health Uses on the Ground Floor at Town & Country Village The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: 1. On December 8, 2020, Ellis Partners, the owner of Town & Country Village, located at 855 El Camino Real, filed a request for a Palo Alto Municipal Code Zoning Text Amendment to allow a limited amount of medical office to be located within ground floor tenant spaces at the shopping center. 2. As a result of the COVID-19 pandemic, Town & Country Village is currently experiencing a vacancy rate of 22.9%, which is 18.3% higher than the vacancy rate in January 2020 and significantly higher than vacancy rates experienced during the Great Recession, which peaked in 2010 at 7.8%. 3. Vacancies in retail environments can result in a domino effect, as reduced foot traffic to the shopping center because of vacancies can lead to additional vacancies. 4. Many of the tenants of Town & Country Village are smaller, independent businesses that have been more heavily impacted by the pandemic-fueled economic downturn. 5. Additional flexibility to allow some retail health uses on the ground floor will enhance the economic vitality of Town & Country Village while producing foot traffic similar to the retail and retail-like uses currently allowed on the ground floor. SECTION 2. Subsection (a)(95) (Medical Office) of Section 18.04.030 (Definitions) of Chapter 18.04 (Definitions) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended to read as follows: [. . .] (95) “Medical office” means a use providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts for humans, licensed for such practice by the state of California. Incidental medical and/or dental research within the office is considered part of the office use, where it supports the on-site patient services. Medical office use does not include the storage or use of hazardous materials in excess of the permit quantities as *NOT YET APPROVED* 2 0160050_20210519_ay16 defined in Title 15 of the Municipal Code. Medical gas storage or use shall be allowed up to 1,008 cubic feet per gas type and flammable liquids storage and use shall be allowed up to 20 gallons total (including waste). (95.1) (A) “Medical research” means a use related to medical and/or dental research, testing and analysis, including but not limited to trial and clinical research. Biomedical and pharmaceutical research and development facilities are not included in this definition. Medical Research does not include the storage or use of quantities of hazardous materials above the exempt quantities listed in Title 15 of the Municipal Code nor any toxic gas regulated by Title 15. Additionally, Medical Research may include storage and use of etiological (biological) agents up to and including Risk Group 2 or Bio Safety Level 2 (Center for Disease Control) (95.2) (B) “Medical support retail” means a retail use providing sales, rental, service, or repair of medical products and services to consumers or businesses, and whose location near hospitals or medical offices facilitates the provision of medical care or medical research. Examples of medical retail uses typically include, but are not limited to, pharmacies, sale of prosthetics, and sale of eyeglasses or other eye care products. (95.3) (C) “Medical support service” means a use providing administrative support functions for healthcare providers or facilities, intended to support the operations of hospitals or of medical and dental office uses, and whose location near those medical facilities enhances the interaction between medical providers and/or facilitates the provision of medical care or medical research. Examples of medical support service uses typically include, but are not limited to, administration and billing services, public relations, training, and fundraising. Hospitals and ambulance services are not included in this definition. (D) “Retail Health” means a Medical Office use that is 5,000 square feet or fewer providing sales, rental, service or repair of medical products and services to consumers or businesses, or providing preventative and diagnostic procedures, and other health- related procedures, not requiring convalescence, general anesthesia, emergency services, or urgent care, but that may include basic patient-oriented laboratory services. The use shall include a storefront or retail sales area (minimum 750 sf or 20% of the tenant space, whichever is less) that is consistent with a retail environment. Treatment rooms shall not be visible from the entry or exterior. Retail Health may include limited Medical Support Retail uses (e.g. sale of eyeglasses or medical devices) that meet these size restrictions and storefront requirements. SECTION 3. Section 18.16.0.50 (Office Use Restrictions) of Chapter 18.16 (Community Commercial District) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended to read as follows: 18.16.050 Office Use Restrictions The following restrictions shall apply to office uses: (a) Conversion of Ground Floor Housing and Non-Office Commercial to Office *NOT YET APPROVED* 3 0160050_20210519_ay16 Medical, Professional, and Business offices shall not be located on the ground floor, unless any of the following apply to such offices: (1) Have been continuously in existence in that space since March 19, 2001, and as of such date, were neither non-conforming nor in the process of being amortized pursuant to Chapter 18.30(I); (2) Occupy a space that was not occupied by housing, neighborhood business service, retail services, personal services, eating and drinking services, or automotive service on March 19, 2001 or thereafter; (3) Occupy a space that was vacant on March 19, 2001; (4) Are located in new or remodeled ground floor area built on or after March 19, 2001 if the ground floor area devoted to housing, retail services, eating and drinking services, personal services, and automobile services does not decrease; (5) Are on a site located in an area subject to a specific plan or coordinated area plan, which specifically allows for such ground floor medical, professional, and general business offices; or (6) Are located anywhere in Building E or in the rear 50% of Building C or D of the property at the southeast corner of the intersection of Park Boulevard and California Avenue, as shown on sheet A2 of the plans titled “101 California Avenue Townhouse/Commercial/Office, Palo Alto, CA” by Crosby, Thornton, Marshall Associates, Architects, dated June 14, 1982, revised November 23, 1982, and on file with the Department of Planning and Development Services. (7) Are retail health uses only, located anywhere in Town & Country Village, provided that: (A) Total retail health uses on the ground floor shall not exceed 15,025 square feet (10%) of the ground floor area. (B) No retail health use shall face directly onto El Camino Real or Embarcadero Road. (C) Exterior windows on the ground floor shall use transparent glazing on the store frontage. Low-e glass or minimal tinting to achieve sun control is permitted, so long as the glazing appears transparent when viewed from the ground level. Window coverings are not permitted on the ground floor during typical business hours. Where operations preclude transparency or where privacy requires window coverings other than at the entrance of the tenant space (e.g. on a corner unit) pedestrian-facing windows shall include items of visual interest including retail displays; visual access shall be provided to a minimum depth of 3 feet. (D) Retail health uses shall only be permitted in ground floor space for which an initial Retail Health lease for this space is executed by December 31, 2023. The specific space leased for Retail Health use shall thereafter be used for Retail or Retail Health uses. (E) Such retail health uses may replace retail or retail-like uses, notwithstanding the retail preservation requirements contained in Section 18.40.180. (b) Size Restrictions on Office Uses in the CN and CS Districts [. . .] *NOT YET APPROVED* 4 0160050_20210519_ay16 SECTION 4. Subsection (e) of Section 18.16.060 (Development Standards) of Chapter 18.16 (Community Commercial District) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended to read as follows: 18.16.060 Development Standards [. . .] (e) CC District Shopping Center Floor Area Ratio Regulations (1) The maximum floor area ratio for the Town and Country Village Shopping Center shall be .35 to 1; and office uses at said shopping center shall be limited to 15% 36,579 sf (21.4%) of the floor area of the shopping center existing as of August 1, 1989, except as further regulated by Section 18.16.050(a)(7). To the extent that Hotel use shall not be included as part of the .35 to 1 maximum floor area ratio, but shall not exceed an additional .25 to 1 floor area ratio, for a maximum site floor area ratio of .60 to 1. [. . .] SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. The Council finds that this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 for existing facilities. // // // // // // *NOT YET APPROVED* 5 0160050_20210519_ay16 SECTION 7. This Ordinance shall be effective on the thirty-first date after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: _________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: _________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Planning and Development Services May 24, 2021 Mr. Jonathan Lait Director of Planning — City of Palo Alto 250 Hamilton Ave Palo Alto, CA 94301 Dear Mr. Lait: I am writing to you on behalf of Town & Country Village, which our firm, Ellis Partners, has proudly owned and operated since 2005. We appreciate your efforts in evaluating and processing our request for expanding the health and wellness uses at Town & Country as was discussed at the February 10, 2021 Planning and Transportation Commission (PTC) hearing, at the March 22, 2021 City Council meeting and subsequently at the May 12, 2021 PTC hearing. As you are aware, the City Council was supportive of allowing some form of medical or health -related uses on the ground floor of Town & Country, but asked the PTC to develop and recommend a narrower use definition be for these types of uses that are appropriate for a retail setting, as compared to the broader Medical Office definition. At the May 12th meeting, the PTC made several changes to the proposal by City staff: 1) Increase the Retail Sales Area size from 15% to 20% and require that all such tenants have a retail sales component 2) Changes to the Retail Health defmition to exclude Emergency Services and Urgent Care from this use category 3) Clarifications regarding the application of the time limit for leasing to this use category 4) A request to consider evaluating how to apply this new use category elsewhere in Palo Alto In general, we are understanding and appreciative of the PTC's input on this matter, but we have the following comments on their recommendations that we request that you consider as a part of the staff report for the June 7, 2021 City Council hearing: 1) We have no concerns with the Retail Sales Area changes 2) We share the perspective that an Emergency Room would be entirely inappropriate at Town & Country, however, we believe the PTC may not understand the overlap in the services provided by many new entrants to the Retail Health market that provide a combination of: Primary Care, Walk -In, and Urgent Care services within a setting that we believe is consistent with a retail environment. These tenants, such as Carbon Health (www.carbonhealth.com), that has expressed strong interest in Town & Country, operate in a manner that is consistent with Primary Care providers, in that they are typically only open during daytime hours (i.e. 8 am to 6pm), the layout and design of their spaces are appropriate for a retail setting, and their customers are likely to shop at other Town & Country tenants during or following their visit. We therefore request that Urgent Care services be permitted within the Retail Health category, if the use is associated with a Primary Care use. 3) We have no concerns with these clarifications regarding the leasing time limit 4) We do not believe there is a need at this time to delay processing of this time sensitive request, that we initiated last December, to consider how the Retail Health use defmition might be applied at other retail locations in Palo Alto. T&C already has numerous zoning restrictions that only apply to our property, so we do not see this request as setting any precedents in that regard. We believe that our efforts over the past six months, that will hopefully result in a new Retail Health use definition, could subsequently be applied elsewhere, if requested by the owners of other retail centers. We believe an approval of our request would benefit these owners, in the event that they face the same challenging leasing issues that we are currently encountering. Background As we have discussed, retail sales and occupancy began to decline at Town & Country in 2017 with an average reduction of 4% per year from 2017-2019. This reduction was clearly due to the increasing prevalence of e -commerce since the majority of this sales loss impacted apparel, home goods, and books sales. The majority of our new vacancies during this period were in this sector of tenants which accounted for a vacancy increase from 2.6% to 8.2% during the 2017-2019 period. As you are aware, the COVID-19 pandemic had a disastrous effect on our retailers and restaurants such that our vacancy rate exceeded 20% in 2020 and remains over 20% today. While we are seeing signs that the pandemic impacts are lessening, it is widely believed that the over 40% increase in e -commerce that occurred during the pandemic will have lasting effects on consumer behavior and will only exacerbate the downward trend in traditional retail sales for many years to come. It is also widely known that increased retail vacancy levels can lead to a "death spiral" at shopping centers since all retailers survive off of the foot traffic created by their neighboring stores. Our existing tenants have shared with us their concern about growing vacancy, co -tenancy and foot traffic which is impacting their lease renewal decisions. Restoring activity and vibrancy to Town & Country has never been more urgent. We also want to stress that the dramatic increase in vacancy at Town & Country is despite our collective efforts to assist our tenants in any way we can such as providing outdoor dining within parking areas, enhancing our marketing and promotion efforts and voluntarily abating and/or deferring rent. We have successfully negotiated temporary agreements with over 60% of our retail tenants to enable them to stay in business while addressing the challenges of the new retail landscape and consumer needs. The Good News The good news is that market for medical -related tenants is growing despite the pandemic and the e - commerce trends and we expect this new component of customer -facing merchandising to grow longer term. There are many examples of the types of medical service uses that we believe are suitable for a retail setting including membership -based primary care services such as: One Medical, Carbon Health and Forward; Dental/Braces services such as Invisalign and Candid; health and wellness services such as Modem Acupuncture, Hyper Wellness and B12LOVE; and Medi-Spa services such as Awaken MD and Orange Twist. These types of tenant spaces are typically geared toward pedestrian -facing retail settings and would be consistent with the character and merchandising mix at Town & County. Additionally, their traffic and parking demand are generally consistent with retail use. Finding the Right Balance We are unfortunately unable to take advantage of this growing demand since our zoning use restrictions are outdated and do not reflect the evolution of viable uses for successful shopping centers that provide the community what they need. Specifically, we are limited by our inability to lease ground floor space to medical services and limited to 15% overall for office uses. Allowing for these types of health and wellness services will allow Town & Country Village to offer more reasons to visit the property for these needs and to stay and shop for other goods and services at the property. It will also give us a much better chance of returning this cherished property to its pre -pandemic health despite the headwinds from e -commerce. As such, in December 2020 we requested the following changes to the Palo Alto Planning Code to: • Allow Medical Office uses to occupy up to 20% (30,049sf) of the ground floor at T&C; and • Increase the sitewide office use to 30% (51,594sf). Following the Planning & Transportation Commission hearing on February 10, 2021, city staff recommended approval of our request to the City Council with the adjustment of the Medical Office maximum to 15% and the sitewide office maximum to 20%. Based on feedback from the City Council, staff recommended even further reductions and limitations to our initial request such as: • Limiting uses to Retail Health tenants, pursuant to a new use definition to limit users to retail - oriented tenants; • Further reducing the Retail Health use to 10% of the ground floor or 15,025sf; • Limiting spaces to 5,000sf and in non -street frontage locations; and • Limiting this to use to leases that are signed within two years of adoption of this ordinance. While all of these additional restrictions make our efforts more challenging, we believe they are acceptable and that if the Retail Health use definition is approved, with the modifications we request at the start of this letter, we believe that this flexibility will have a positive impact on our leasing efforts. Further, we believe that these proposed changes will improve our chances of success in ensuring Town & Country's relevancy and vibrancy into the future despite the changing retail landscape. Potential Financial Impacts We expect these proposed changes would mitigate the dramatic increase in ground floor vacancy and would drive badly needed foot traffic back to Town & Country which would have the effect of increasing retail sales volumes for the tenants that do survive. We believe that over the long term, having a full and vibrant center will produce more retail sales volume even with the Medical Office use component we are requesting. With that said, we understand that these changes might impact sales tax revenue that is important to Palo Alto. Pursuant to your request, we have endeavored to calculate the potential magnitude of these impacts on Palo Alto's sales tax revenue. Using the sales tax revenue from Town & Country reported in the March 8, 2018 City Auditor Report, which we found online, attached to this letter, we calculated the following: • Total Palo Alto Sales Tax Revenue from Town & Country (Annual Average based on 2016 and 2017 reported data): $637,000 • Estimated Portion of Town & Country Sales Associated with In -Line Retail Spaces (excludes Trader Joes, CVS and Restaurants): 27% • Estimated Palo Alto Sales Tax Revenue from Town & Country from In -Line Retail Spaces: $172,000 • Potential Reduction in Sales Tax Revenue to Palo Alto ifALL 15,100sf of the 66, 488sf 1n -Line Retail was leased to Medical Office Tenants (15,100 _ 66,488 x $1 72, 000): $39,000 It is important to note that this represents a worst -case scenario in which ALL of the square footage that is given the more flexible use designation is actually converted from retail to medical office. For reference, this potential $39,000 impact would only be an 6.1% reduction in the sales tax revenue associated with Town and Country and approximately 0.5% of total Palo Alto sales tax revenue. It is also worth noting that without the foot traffic generated by these potential new medical uses, we believe many of our remaining retail tenants that are currently generating sales tax will fail or experience significantly reduced sales resulting in a sales tax revenue reduction of similar or greater magnitude. Recent City Council Resolution As you are aware, the City Council held meetings on September 14, 2020 and November 9, 2020 to consider potential changes to retail zoning ordinances in response to the COVID situation and its impact on the market. Jim Ellis, one of our founding partners, addressed the Council at both meetings and explained the dire situation outlined above. As we understand it, the Council passed a motion on November 9, 2020 to: "...quickly evaluate and propose changes to enable Diverse Retail Uses in more retail sites, including, food, medical, educational, .financial and other professional office uses citywide or by district... ". We believe this Council action is consistent with the above requests. Conclusion We believe the language below as developed by staff and modified by the PTC strikes a balance between maintaining the traditional retail feel of the Town & Country Village and providing a small amount of flexibility that will enhance the overall vibrance of the retail center, while providing a new Retail Health offering to the community. The one change we are proposing to the PTC recommended language is shown in bold text: "Retail Health" means a Medical Office use that is 5,000 square feet or fewer providing preventative and diagnostic procedure, and other health -related procedures, not requiring convalescence or general anesthesia or emergency services or urgent care, unless associated with a primary care use, but that may include basic patient -oriented laboratory services. The use shall include a storefront and retail sales area (minimum 750 sf or 20%, whichever is less) that is consistent with a retail environment such as a reception desk or retail displays or display windows. Treatment rooms shall not be visible from the entry or exterior. Retail Health may include limited Medical Support Retail uses (e.g. sale of eyeglasses or other eye care products) that meets these size restrictions and storefront requirements. We appreciate your consideration of this request and look forward to hearing back from you regarding next steps. Please call me at (415) 373-7706 with any questions on this matter. Dean Rubinson Director of Development Ellis Partners Attachments CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. From: Jo Ann Mandinach To: Council, City; Tanaka, Greg; DuBois, Tom; Burt, Patrick; Cormack, Alison; Stone, Greer; Filseth, Eric (Internal); Kou, Lydia Subject: Please reject the variance for first-floor medical at Town & Country Date: Saturday, March 20, 2021 3:09:14 PM Dear Council, Please reject the landlord's request for a variance to enable him to rent ground-floor space to medical offices, gyms, dental offices, etc. The City gets no sales tax revenues from medical/dental services who staffs will take up much-need parking that will hurt the existing struggling retail businesses. Why the rush? Let retail recover from the pandemic. The landlord has a 20+ year history of destroying retail tenants dating back to the 2000 dot.bomb crash when he refused to let long-term tenant Prestige Boutique move BACK into its smaller EMPTY space from the larger more costly space to which they'd moved. Ellis refused to make even that small accommodation to a long-term tenant and since then has done the same to Patrick James and Mayfield Bake Please do the right thing and keep Town & Country "vibrant" with retail. Don't reward Ellis. Don't deprive the city of needed sales tax revenue. Most sincerely Jo Ann Mandinach 1699 Middlefield Road Palo Alto, CA 94301 CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. From: herb To: Council, City; Clerk, City Subject: March 22, 2021 Council Meeting, Item #3: 855 El Camino Real (20PLN-00252) Date: Sunday, March 21, 2021 5:28:27 PM Herb Borock P. O. Box 632 Palo Alto, CA 94302 March 21, 2021 Palo Alto City Council 250 Hamilton Avenue Palo Alto, CA 94301 MARCH 22, 2021 CITY COUNCIL MEETING, AGENDA ITEM #3 855 EL CAMINO REAL (20PLN-00252) Dear City Council: I urge you to remove this item from your agenda, because the proposed project is not exempt from the California Environmental Quality Act (CEQA) and requires either a Mitigated Negative Declaration or Environmental Impact Report before the Council can hold a public hearing on this application. The staff report alleges that the project is exempt from CEQA pursuant to CEQA Regulation Section 15301 (Existing Facilities). CEQA Regulation 15301 says, "15301. EXISTING FACILITIES Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use." (Emphasis Added) I urge you to ask the City Attorney in open session whether I have accurately quoted the text of CEQA Regulation 15301. The last two pages attached to the staff report for this agenda item show the floor area of each occupied use at Town and Country Village. Only one leased space at Town and Country Village in location 82 (Dr. Berkowitz at For Eyes) is a medical office consisting of only 720 square feet. The thousands of square feet of additional medical offices recommended is not a "negligible" expansion of an existing use as required by CEQA Regulation 15301. Proceeding with your scheduled hearing on the basis of staff's proposed CEQA exemption is a violation of CEQA and a prejudicial abuse of discretion. Planning Director Johnathan Lait's spouse's solo psychotherapy practice is currently prohibited from replacing retail uses on the ground floor at Town and Country Village Shopping Center, but would be permitted to replace retail uses if you adopt the proposed ordinance. Does that fact mean that the proposed ordinance has a foreseeable material financial effect on Director Lait that is distinguishable from the public generally and that, therefore, he has a potential conflict of interest regarding the medical office language in the proposed ordinance? Thank you for your consideration of these comments. Sincerely, Herb Borock From: Ann Balin To: Council, City Subject: Town & Country Retail Date: Sunday, March 21, 2021 5:31:19 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. Dear Mayor Dubois, Vice Mayor Burt & Council Members, As I have stated before it is well known that Ellis is using the pandemic as an excuse to not negotiate with tenants and blames the vacancies on the virus. Patrick James Clothiers and the Mayfield Restaurant and Bakery would still be in Town & Country Village center had Ellis worked with these strong tenants. The economy is improving and coupled with the public getting vaccinated will contribute to a better retail climate. All landlords have to plan for the ups and downs of doing business. It is shameful for this wealthy property owner to cry foul and attempt to get you, the city council, to bend to his design. Please do not agree to medical services on the ground floor of Town & Country Village. Should you ignore what constituents want (retail on the ground floor) then these leases for medical services would remain and retail as we know it would be eliminated. The cachet of Town & Country would be severely diminished. This is not a common strip mall. The parking lots would be overwhelmed with the constant comings and goings of patients. I have been going to Town & Country Village since I was a kid in the fifties. It provides patrons with an ambiance, stores, and restaurants that the public enjoys. It has served as a boon to many during the pandemic where they could frequent Douce France or browse for books at Books Inc. It is in contrast to the corporate mall which certainly has its place but does not offer the same experience. California Avenue lost a florist, bakery, bookstore and art supply store. The last council wanted gyms on California Avenue. The character of the avenue has changed. Therefore I ask that you retain our current retail zoning and do not allow medical services on the ground floor. Respectfully yours, Ann Lafargue Balin CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. From: Mary B. To: Council, City Subject: KEEP RETAIL ON THE GROUND FLOOR IN TOWN AND COUNTRY!!! Date: Sunday, March 21, 2021 7:18:17 PM To the PA Council: Don't allow office space to overtake retail space in Town and Country! We need some place to shop! Sincerely, Mary Bartholomay CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. From: Barry Hart To: Council, City Subject: Please do not allow medical at T&C. The consequences will be irreversible Date: Monday, March 22, 2021 9:26:17 AM Dear Council - Town and Country was a thriving retail and eating shopping center (with offices on the second floor) before the pandemic. Give the environment a chance to 'grow back' it will not happen overnight. We know that medical/offices provide a greater rent than retail - and this would be the goal of the property owners, 'highest and best use' If Palo Alto needs more medical space, please allow offices to be converted, NOT retail. There are plenty of offices available for conversion to medical. Our spaces zoned for retail are precious - please keep them Barry Hart CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. From: Margaret Heath To: Council, City Subject: Town and Country Village Agenda Item 3 Date: Monday, March 22, 2021 1:49:11 PM Dear Mayor Dubois and Council Members, Spot zoning for one particular commercial property company to provide them a permanent financial windfall because they complain that their business model isn’t working is a terrible precedent to set. It is not the responsibility of the city council to bail out particular property owners by spot- zoning to give them a permanent financial advantage. Although during the P&TC discussion Michael Alcheck proposed some conditions and limits that could be included to make council’s approval more palatable, in reality any such “temporary” conditions are de facto permanent. This is not the first time the council has been asked to change zoning codes for the benefit of certain commercial property owners. During a previous financial turndown and citing vacancies, council was asked to allow similar conversions of certain retail properties to offices along the University Avenue side streets. Council voted to allow “temporary” but not permanent conversions during the economic downturn, with the proviso that this come back to council after the economy recovered. While attaching such conditions may allow council to feel justified in voting in the affirmative, a lack of any systematic “institutional memory” means any conditions that require the city to automatically follow up at a later date are worth less than the paper on which they are printed. And I think one can assume that the property owners in question are hardly likely to do so. Once again, the quality of the P&TC discussion and vote was disappointing. Particularly as some members of the commission appear to either regularly spend little, if any, time familiarizing themselves in advance, and/or lack the experience to understand in depth, the materials provided by staff. Leaving them unable to contribute much of substance and/or more than a shallow analysis of the complex land use issues pertaining to Palo Alto that come before the commission. While unfortunately, those with a greater understanding all too often may appear to be acting more as advocates for applicants rather than objectively representing the council and city. Sincerely, Margaret Heath 2140 Cornell Street Palo Alto From: mary gallagher To: DuBois, Tom; Burt, Patrick; Kou, Lydia; Cormack, Alison; Tanaka, Greg; Filseth, Eric (Internal); Stone, Greer; Council, City Subject: Town & Country Date: Monday, March 22, 2021 2:49:38 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. Dear Mayor Du Bois, Vice Mayor Burt and council members, Please do not allow a vibrant Town & Country retail center to become a medical destination. We already have that next door at PAMF, other places in town, and nearby at Stanford. Many times a week I’m a customer at the Village and it continues to be a very popular spot for dining, specialty services, all sorts of retail purchases - food, pharmacy, books, dry cleaning, clothing etc. It is unique to this town and quite a successful retail center. Pre-pandemic T&C was thriving on all cylinders. At times it was difficult to find parking. They even had to offer valet parking to accommodate all the patrons. Then the pandemic hit. Things changed. Now as we emerge out of the pandemic people are returning, the center is busy and sales are increasing. Prior to the pandemic a former council member was quite complimentary about the success of the center and the “mix” of tenants and that it should serve as a beacon and example for Cal Ave and other retail centers. I’ve heard that the property owner started refusing to renew/negotiate leases for Mayfield restaurant and bakery, Patrick James and others. Those two businesses were thriving with longtime, repeat customers as well as new customers. Frequently there were lines out the doors at Mayfield. Please keep T&C retail and do not allow medical offices as tenants. Sincerely, Mary Gallagher CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. From: Rubinson, Dean J. To: Council, City Cc: Raybould, Claire; Lait, Jonathan; Evers, Melinda Ellis; Ellis, James F.; Sarah MacIntyre; Jeff Burkebile; French, Amy Subject: Town & Country Village Date: Friday, March 19, 2021 8:21:19 AM Attachments: Town and Country Zoning Text Change Proposal 03-02-21 Final.pdf Dear Members of the Palo Alto City Council, I am writing to you ahead of the March 22nd meeting at which we will be discussing our request to allow some degree of Medical Office Use at Town & Country Village. We believe the attached letter, which is included in the Staff Report, clearly outlines the dire leasing situation we are facing at this treasured asset and the fact that this condition is a result of long-term shifts towards e-commerce that are exacerbated by the COVID-19 pandemic, but will remain and likely worsen even after this health crisis subsides. We have been thoughtful stewards of Town & Country since 2005 and have been carefully managing the merchandising mix in a way that creates a unique shopping experience for the community. However, the increased failures of our tenants is creating a dangerous downward spiral which will result in even greater vacancy unless we can restore foot traffic to the center quickly. We truly believe that allowing some degree of flexibility in leasing to Medical Office uses will restore this critical traffic to Town & Country while still maintaining its special charm. We understand that the there is concern that introducing these uses could change the overall experience at the center. Given the recent evolution of Medical Office uses towards retail and public facing settings (see images on the attached letter), we do not share these concerns. Furthermore, we believe that our revised proposal of 15,000sf or 10% of the ground floor (which is 50% of our original request), coupled with our agreement not to place these uses along street frontage, finds an appropriate balance, while meaningfully addressing the leasing and foot traffic crisis being faced at Town & Country. As indicated in the Staff Report, we and Palo Alto Planning Department staff feel that this revised proposal results is a careful compromise that we truly hope you will support at Monday’s meeting. If you have any questions or want any additional information ahead on that meeting, please feel free to email me or call me at (415) 373-7706 at any time, including this weekend, to discuss this important matter. Thank you for your time and consideration, Dean Rubinson Dean Rubinson Partner, Director of Development 111 Sutter Street, Suite 800 San Francisco, CA 94104 415.373.7706 dean@ellispartners.com www.ellispartners.com This message contains information which may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply email and delete the message. Thank you. City of Palo Alto (ID # 12025) City Council Staff Report Report Type: Action Items Meeting Date: 6/7/2021 City of Palo Alto Page 1 Summary Title: Urban Water Management Plan Title: PUBLIC HEARING: Adoption of Resolutions Adopting the 2020 Urban Water Management Plan and Water Shortage Contingency Plan From: City Manager Lead Department: Utilities RECOMMENDATION Staff and the Utilities Advisory Commission (UAC) recommend the City Council adopt a resolution (Attachment A Linked Document) adopting the 2020 Urban Water Management Plan and a resolution (Attachment B Linked Document) adopting the Water Shortage Contingency Plan. EXECUTIVE SUMMARY Every urban water agency in California is required to submit an Urban Water Management Plan (UWMP), which includes a Water Shortage Contingency Plan (WSCP) (Linked Document) every five years. UWMPs must include information about water demand, water supply, demand management activities, alternative water supplies, anticipated shortages during dry periods, and contingency plans for addressing those shortages. The actions recommended in this report, if approved, would satisfy this requirement for the City of Palo Alto. The City of Palo Alto’s (‘City’ or ‘Palo Alto’) demand for water is expected to increase over the next 25 years based on projected population increases, although per capita water use is expected to decrease due to water conservation and efficiency gains. Potable water supply from the City’s supplier, the San Francisco Public Utilities Commission (SFPUC), is projected to be adequate during normal years, but significant shortfalls are expected during droughts. The UWMP provides information regarding the alternative water supplies under consideration by both Palo Alto and the SFPUC. Some of these include expanded uses for recycled water and storage. Palo Alto, in collaboration with its partners, continues to seek to maximize water conservation to reduce the impact of dry years. When water supply shortage do occur, Palo Alto’s WSCP provides for increasingly aggressive steps to reduce use including public outreach and education, rebate programs, water use restrictions, and water allocation processes. City of Palo Alto Page 2 BACKGROUND The California Urban Water Management Planning Act (‘Act’) requires every California water agency supplying more than 3,000 acre-feet (AF) of water per year or providing service to more than 3,000 connections to prepare an UWMP. The UWMP is prepared every five years by urban water suppliers to assess the reliability of water sources over a 20 -year planning horizon under both normal and dry hydrologic conditions and to ensure adequate water supplies are available to meet existing and future water demands. Urban water agencies are also required to adopt a Water Shortage Contingency Plan which lays out the action that will be taken by the agency in the event of a water supply shortage. The City must adopt the 2020 UWMP, including the WSCP, by July 1, 2021 and submit it to the California Department of Water Resources within 30 days of adoption. DISCUSSION The key elements of the UWMP are summarized below. 1. Water Demand 2. Water Supply Adequacy 3. Water Conservation 4. Alternative Water Supplies 5. Water Supply Reliability 6. Water Shortage Contingency Plans 1. Water Demand Although the City has experienced several drought periods since 1975, the recent drought of 2014 to 2016 has had a particularly profound effect on City and customer attitudes re garding water. The state-mandated water use reductions in the recent drought resulted in large numbers of landscape conversion projects as well as a dramatic shift in customer behavior regarding water use. In addition, new construction in every sector is subject to increasingly stringent regulations regarding water‐using appliances and fixtures. The City relied on an end-use model and an econometric model to determine demand projections. The econometric model projected short-term demands through 2025 based upon historical water use patterns through 2019 and the projected future rebound in water demand associated with forecasts for drought recovery. The end-use model projected long-term demand for each end-use customer class (through 2045) based upon expected service area growth for both population and employment. The end -use model considers unemployment rates and projects demand assuming a normal economy. Age of buildings is also considered with regard to end uses as a result of plumbing code changes and as sumed fixture replacement rates. City of Palo Alto Page 3 Figure 1 below shows the City’s potable water use since 1988 and a projection of water supplies through 2045. Water consumption in the recent drought reached its lowest level in mo re than 25-years. The reduction in water consumption was the result of state mandated water reductions combined with permanent water conservation measures. Figure 1: SFPUC Purchases - Actual and Forecast In developing these projections the City relied on ABAG population and employment projections for the 2010 and 2015 UWMPs and models developed by a consultant. According to these projections shown in Error! Reference source not found., expected 2020-2045 population growth is about 0.8% per year with expected growth in employment 0.5% per year. These projections do not consider potential impacts of COVID-19. To date, the pandemic appears to have had little impact on Palo Alto’s water use, but long-term trends such, as a shift to more telework, are not yet known. Staff will continue to monitor and update water demand projections during annual supply planning, financial planning, and in the 2025 UWMP. Table 1: Population - Current and Projected 2020 2025 2030 2035 2040 2045 Service Area Population 68,819 71,667 74,815 77,963 81,111 84,259 Five Year Percent Increase 4.1% 4.4% 4.2% 4.0% 3.9% Total Employment 97,654 100,095 102,535 104,975 107,416 109,856 Five Year Percent Increase 2.5% 2.4% 2.4% 2.3% 2.3% City of Palo Alto Page 4 2. Water Supply Adequacy The City receives 100% of its potable water from the SFPUC through the Regional Water System (RWS). The City also uses some recycled water produced at the Palo Alto-operated Regional Water Quality Control Plant (RWQCP) for irrigation of the municipal golf course, a park, and some other minor applications. A system of local groundwater wells and storage provide emergency water supply service. The SFPUC has a perpetual commitment (Supply Assurance) to deliver 184 MGD to the 24 permanent Wholesale Customers collectively. Palo Alto’s allocation, or Individual Supply Guarantee, is 16.575 MGD, or approximately 18,579 acre feet per year. The City’s allocation was reduced to this level in May 2018 upon a permanent ISG transfer of 0.5 MGD to the City of East Palo Alto1. In normal years, the Palo Alto’s potable water demand is not expected to exceed supply as shown in Table 2. Table 2: Palo Alto Potable Water Supply and Demand Balance - normal years 2020 2025 2030 2035 2040 2045 Palo Alto Demand for SFPUC Water 10,921 11,287 11,394 11,546 11,801 12,113 Individual Supply Guarantee 18,579 18,579 18,579 18,579 18,579 18,579 Difference 7,658 7,292 7,185 7,033 6,778 6,466 3. Water Conservation Water conservation plays an important role in the City’s water supply planning. The City partners with the Santa Clara Valley Water District (Valley Water) to offer a wide range of water conservation programs to our residential and commercial customers. Through rebates, education and outreach, the City has been able to reduce per capita water use by about 15% over the past decade. Senate Bill x7-7 (SBx7-7), adopted in November 2009, mandates a statewide per capita potable water use reduction of 20% by the year 2020. Urban water suppliers are required to identify a baseline usage (expressed in gallons per capita per day, or GPCD) for their service area, calculate a target to meet the 20% reduction, and report on compliance in the 2020 UWMP. The City’s 2020 UWMP confirms the City met the conservation target by more than 20%, resulting in the per capita water use reduction cited above. 1 See Staff Report #9041 https://www.cityofpaloalto.org/civicax/filebank/documents/64801 City of Palo Alto Page 5 Figure 2: SBx7-7 Targets and Compliance 4. Alternative Water Supplies In anticipation of extended periods of drought and possible regulatory changes by the State, the City is evaluating a wide range of alternative water supplies. The Northwest County Recycled Water Strategic Plan, completed in collaboration with Valley Water, identified and evaluated a number of potable and non-potable water reuse concept options using effluent from the RWQCP in Palo Alto. Concept options that are compatible with the effluent transfer agreement with Valley Water will be considered along with traditional potable supply sources, demand management, green stormwater infrastructure, and graywater in a holistic 2021 “One Water” Plan. The One Water Plan will take into consideration long-term reliability and dry year needs as well as cost, quality, and public acceptance. The City, through the Bay Area Water Supply and Conservation Agency (BAWSCA), has additional water supply management opportunities. Each is discussed in more detail in the 2020 UWMP. The SFPUC is increasing and accelerating its efforts to acquire additional water supplies and explore other projects that would increase overall water supply resilience through the Alternative Water Supply Planning Program. The key objectives relevant to this effort can be summarized as: • Meet dry-year delivery needs while limiting rationing to a maximum of 20 percent system-wide reduction in water service during extended droughts; • Diversify water supply options during non-drought and drought periods; City of Palo Alto Page 6 • Improve use of new water sources and drought management, including groundwater, recycled water, conservation, and transfers; • Meet, at a minimum, all current and anticipated legal requirements for protection of fish and wildlife habitat; • Maintain operational flexibility. 5. Water Supply Reliability Since the City relies on the SFPUC RWS for its potable water supplies, the City’s water supply reliability mirrors that of the RWS. During a water supply shortage, contractually agreed upon allocation methods apply in limited circumstances. Assumptions regarding how water will be allocated in critical, severe, and emergency water shortage scenarios were made. The amount of water available to San Francisco’s Retail Customers (the residential and commercial customers in the City of San Francisco) and Wholesale Customers (the 26 agencies, including Palo Alto, that purchase water from the SFPUC) will be impacted by the outcome of the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (Bay- Delta Plan Amendment or Bay Delta Plan). This 2020 UWMP assumes the Bay Delta Plan and associated unimpaired flow requirements for the Tuolumne River will be implemented in 2023 as adopted by the state. In August 2018, City Council voted to support the Bay Delta Plan2. SFPUC’s water supply availability projections assumed current Wholesale Customer demand forecasts. The SFPUC will provide an appendix to their UWMP with water supply availability projections using a Wholesale Customer demand of 184 MGD, the amount the SFPUC is contractually obligated to provide. Projected supply shortfalls are slightly greater using contractual demands. Given the City’s forecasted water demand and projections of water supply availability provided by the SFPUC, the City anticipates the need to implement water use reductions of nearly 50% in the first dry year post Bay Delta Plan implementation. Table 3 shows the projected necessary water use reductions for a five-year drought beginning in 2021. Table 3: Five-year Drought Assessment Year 2021 2022 2023 2024 2025 Palo Alto Demand 10,565 10,776 10,982 11,182 11,287 Cutback 0.0% 0.0% 43.6% 43.6% 49.0% Available Supply 10,565 10,776 6,194 6,306 5,759 Similar levels of water use reductions are anticipated for future droughts lasting multiple years. Table 4 shows the needed anticipated reduction levels. 2 See Council meeting minutes: https://www.cityofpaloalto.org/civicax/filebank/documents/66831 City of Palo Alto Page 7 Table 4: Cutbacks in Future Multiple Dry Years AFY 2025 2030 2035 2040 2045 First Year 36.1% 36.3% 36.5% 36.5% 45.5% Second Year 45.2% 45.4% 45.6% 45.6% 45.5% Third Year 45.2% 45.4% 45.6% 45.6% 45.5% Fourth Year 45.2% 45.4% 45.6% 52.0% 53.7% Fifth Year 45.2% 45.4% 50.1% 52.0% 53.7% 6. Water Shortage Contingency Planning During the most recent drought, the City was able to reduce water use by 31% by restricting landscape irrigation to two times per week as well as a number of other measures. The City’s proposed Water Shortage Contingency Plan (WSCP) includes actions to achieve water use reductions above 40% and above 50%, but the City does not have actual experience in implementing such drastic measures. With each progressive stage, enforcement, rate strategies, and water use restrictions will be increased while putting in place mitigation measures to maintain the health of the City’s tree canopy. Table 5: Summary of Proposed Water Shortage Contingency Plan Stage I Stage II Stage III Stage IV Stage V Stage VI Target Water Savings Up to 10% 10% -20% 20% -30% 30% - 40% 40%- 50% Above 50% Information Outreach and Audit Program Low level outreach Increase advertising, social media campaigns and direct communication with customers targeting highest users and increasing water use auditing Escalate outreach efforts and media campaign with focus on water use prioritization Highest outreach effort level with focus on health and safety Demand-Side Management Programs Continuation of existing programs, evaluation of new programs Augment programs and incentive levels as necessary to achieve reduction targets Rate Structures Standard rates already encourage conservation Drought rate structures may be implemented to secure needed revenue Water allocations or allotments may be implemented City of Palo Alto Page 8 Stage I Stage II Stage III Stage IV Stage V Stage VI Water Use Restrictions Only permanent water use ordinance – no new restrictions apply Water use restrictions become more severe with each stage and enforcement is enacted more strongly with each stage. With each stage, efforts made to ensure tree canopy is protected as much as possible. Recycled Water Use Business as usual use Water use restrictions require use of recycled water for specific purposes, advertise availability of recycled water for trucked delivery, use recycled water for City facilities and street trees as much as possible. Short-term emergency water needs will be met with the City’s groundwater wells and storage system which was recently renovated. The system was designed to provide adequate fire protection following a disaster such as a major earthquake. Groundwater may also be available during drought periods although pumping restrictions may be in place, and the City’s wells are currently restricted to 1,500 AFY, 5 consecutive days of pumping, and 15 days of pumping per year. Expanded groundwater utilization as a drought supply and as a long-term supply will be considered as part of the One Water Plan. RESOURCE IMPACT Adoption of the 2020 UWMP does not have an associated resource impact. Actions to execute this plan will require allocation of resources, especially should implementation of contingency planning be necessary. COMMUNITY ENGAGEMENT An UWMP webpage (www.cityofpaloalto.org/UWMP) was created to educate the public about the UWMP process, provide outreach for public meetings and opportunities to participate, as well as to make available background materials on the City’s urban water ma nagement planning activities. Public participation notices were sent by the City in compliance with Water Code 10621(b), 10620(d)(2), and 10642. COMMISSION REVIEW The 2020 UWMP was presented to the UAC at its May 12, 2021 meeting. The Commissioners asked questions about and discussed projected water demands and the supply reliability projections under drought scenarios. The UAC voted unanimously (7-0) to recommend Council adopt the draft UWMP and WSCP. City of Palo Alto Page 9 ENVIRONMENTAL IMPACT Adoption of the 2020 Urban Water Management Plan and the Water Shortage Contingency Plan does not constitute a project under the California Environmental Quality Act’s (CEQA) under Water Code Section 10652, and no environmental assessment is necessary. Attachments: • Attachment A: Resolution Adopting the 2020 Urban Water Management Plan • Attachment B: Resolution Adopting the Water Shortage Contingency Plan *NOT YET APPROVED* 1 6055503 Resolution No. XXXX Resolution of the Council of the City of Palo Alto Adopting the 2020 Urban Water Management Plan to be Submitted to the California Department of Water Resources R E C I T A L S A. The California Legislature has enacted the Urban Water Management Planning Act, California Water Code Sections 10610 -10656 and 10608, as amended, which requires every urban water supplier providing water to more than 3,000 customers or supplying more than 3,000 acre -feet of water annually to prepare an urban water management plan ("Plan") that has as its primary objective the conservation and efficient use of water. B. The City of Palo Alto ("City"), a municipal utility and chartered city, is an urban water supplier providing water to a population over 60,000. C. The Plan must be reviewed at least once every five years by the City, which must amend the Plan, as necessary, after it has conducted a review. D. The preparation of the updated Plan has been coordinated with other public agencies to the extent practicable, and staff has encouraged the active involvement of diverse social, cultural and economic sectors of the population within the City's retail water service area during preparation of the Plan. E. The Plan must be adopted by July 1, 2021, after it is first made available for public inspection and a public hearing is noticed and held, and it must be filed with the California Department of Water Resources within thirty days of adoption. F. After reviewing a draft Plan at their May 12, 2021 meeting, the Utilities Advisory Commission recommended that the Council adopt the Plan as presented; and G. A noticed public hearing on the draft Plan was held by the City Council on June 7, 2021, at which time public comments were heard and considered. NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The Council hereby adopts the 2020 Urban Water Management Plan of the City of Palo Alto, which shall be filed with the City Clerk. The City Manager is hereby authorized and directed to file the 2020 Urban Water Management Plan of the City of Palo Alto with the California Department of Water Resources and the State Library. // // *NOT YET APPROVED* 2 6055503 // SECTION 2. The Council finds and determines that, under the California Water Code Section 10652, the adoption of the Plan and the WSCP and this resolution does not constitute a project under the California Environmental Quality Act, and no environmental assessment is required. INTRODUCED AND PASSED: June X, 2021 AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ___________________________ _____________________________ City Attorney or designee City Manager _____________________________ Director of Utilities _____________________________ Director of Administrative Services *NOT YET APPROVED* 1 6055504 Resolution No. XXXX Resolution of the Council of the City of Palo Alto Adopting the 2020 Water Shortage Contingency Plan Included in the Urban Water Management Plan to be Submitted to the California Department of Water Resources R E C I T A L S A. The California Legislature has enacted the Urban Water Management Planning Act, California Water Code Sections 10610 -10656 and 10608, as amended, which requires every urban water supplier providing water to more than 3,000 customers or supplying more than 3,000 acre -feet of water annually to prepare an urban water management plan ("UWMP") that has as its primary objective the conservation and efficient use of water. B. The California Water Code requires urban water suppliers to prepare a Water Shortage Contingency Plan (WSCP) to be included in its UWMP. C. The WSCP must be adopted, along with the UWMP, by July 1, 2021, after it is first made available for public inspection and a public hearing is noticed and held, and it must be filed with the California Department of Water Resources within thirty days of adoption. D. After reviewing a draft WSCP, which is included in the UWMP, at their May 12, 2021 meeting, the Utilities Advisory Commission recommended that the Council adopt the WSCP as presented; and E. A noticed public hearing on the WSCP, included in the UWMP, was held by the City Council on June 7, 2021, at which time public comments were heard and considered. NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The Council hereby adopts the 2020 Water Shortage Contingency Plan of the City of Palo Alto, included in its UWMP, which shall be filed with the City Clerk. The City Manager is hereby authorized and directed to file the 2020 Water Shortage Contingency Plan of the City of Palo Alto, included in the UWMP, with the California Department of Water Resources and the State Library. // // // // *NOT YET APPROVED* 2 6055504 SECTION 2. The Council finds and determines that, under the California Water Code Section 10652, the adoption of the Plan and the WSCP and this resolution does not constitute a project under the California Environmental Quality Act, and no environmental assessment is required. INTRODUCED AND PASSED: June X, 2021 AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ___________________________ _____________________________ City Attorney or designee City Manager _____________________________ Director of Utilities _____________________________ Director of Administrative Services City of Palo Alto (ID # 12350) City Council Staff Report Report Type: Action Items Meeting Date: 6/7/2021 City of Palo Alto Page 1 Summary Title: Council Final Review & Amendments to the Finance Committee's Recommended FY 2022 Budget Title: City Council Review of the Finance Committee's Recommended Fiscal Year (FY) 2022 Operating & Capital Budgets and Municipal Fee Schedule; Direction to Staff Regarding Preparation of the Final Budget for Council Adoption on June 21, 2021 From: City Manager Lead Department: Administrative Services RECOMMENDATION Staff recommends the City Council review the Finance Committee proposed FY 2022 Operating and Capital Budgets, and Municipal Fee schedule and provide direction on any remaining adjustments prior to final budget adoption scheduled on June 21, 2021. Specific actions for consideration include: 1) Review the current budget adjustments to the Fiscal Year 2022 Proposed Operating and Capital Budgets and Municipal Fee Schedule in alignment with the work completed by the Committee and Council during the month of May 2021 and provide direction on any final adjustments in preparation for City Council Adoption; 2) Review and accept final FY 2022-2025 Capital Improvement Plan as amended by the actions outlined in this report (as recommended by the Finance Committee and Council); 3) Review and accept the alternative balancing strategy in the event the City does not reach agreement with labor groups on concessions in the General Fund , that the City Council utilize current unallocated funds of $1.7 million in the General Fund to offset the additional expense or be placed in the Budget Stabilization Reserve if remain unallocated; and 4) Review the Finance Committee recommended plan for funding of the ROTH building rehabilitation project and the ‘additional information’ section provided as requested by the Committee. DISCUSSION At the conclusion of the May 25, 2021 Budget Wrap -up discussion with the Finance Committee, the Committee provided a recommendation of adjustments to the FY 2022 Proposed City of Palo Alto Page 2 Operating, Capital and Municipal Fee Budgets and schedule for the City Council consideration and adoption scheduled for June 21, 2021 in alignment with the May 17, 2021 City Council direction. Staff have consolidated all actions in this memorandum for ease of the Council’s final review including: • Summary of all recommended adjustments to the budgets as approved by the City Council and or recommended by the Finance Committee, • Additional information provided either at the request of the Council and Committee or at staff’s behest, and • Summary of budget proceedings, actions and references In addition to these items, staff have not yet achieved agreement with any of the City’s labor groups for a zero general wage increase for FY 2022, an action that cannot be taken unilaterally. Current Status of Recommended Adjustments to Balancing Strategy Including City Council Review of Finance Committee Items During the deliberations with the Finance Committee on May 11 and 12, the Committee reviewed the FY 2022 Operating Budget, Capital Budget, and Municipal Fees which were established based on the City Council direction to use a three to five year recovery period (aka scenario B). To balance the FY 2022 projected $13 million gap, the Proposed Budget included $7.7 million in net service and capital improvement investment reductions, $1.0 million use of program specific reserves (e.g. Development Center), an assumed $1.6 million in labor concessions, and use of $3.1 million in ARPA funds. Based on the proposed balancing strategy and new information made available as part of the committee’s deliberations, the Committee’s strategy recommends restoration of proposed FY 2022 budget reductions in the following departments: Police, Library, Community Services, Fire, Planning and Development Services, and some additional in adjustments in internal services departments. On May 17, 2021, the City Council reviewed the current progress of budget deliberations that occurred with the Finance Committee on May 11 and 12, 2021. Staff summarized these proceedings in an at places memorandum assisting in facilitation of obtaining Council feedback on the assumptions and areas for focus by the Committee in the wrap -up meeting on May 25. The seven items that the Finance Committee highlighted for the City Council to consider and discuss at the May 17, 2021 Council update are below as modified by the City Council. The items that the City Council revised or added on May 17, 2021, are noted as “revised” or “new” in the list below: 1. Propose lowering the level of the Budget Stabilization Reserve (BSR) by $2.5 million, below the 18.5 percent target to between 16.6 percent and 17.4 percent of estimated FY 2022 expense levels; 2. Propose a one-year solution where the City will continue to face gaps in FY 2023 if revenues do not grow faster than expenses; City of Palo Alto Page 3 3. REVISED Assume a 60-40 split of the receipt and appropriation of American Rescue Plan Act (ARPA) funding of $13.7 million over a 24-month period (previously 50-50); 4. Consider a moderate increase in the Electric Utility Rate in FY 2022; 5. Request the City Council or their representatives to engage with the school board on cost sharing for services such as, but not limited to: Crossing Guards, Children’s Theatre Outreach Productions, Safe Routes to School; 6. Assume the $1.6 million in labor concessions in the General Fund are achieved; 7. Recommend up to $1.0 million for the City Council to increase the Uncertainty Reserve, replenish the Budget Stabilization Reserve, and/or allocate towards service restoration. 8. NEW Add $565,000 for the following: − Outreach and Summer Hotdog Series Productions by the Children’s Theater ($260,000) − Youth Connectedness Initiative (YCI) matching County funds ($50,000) − Restore the Council Contingency to $100,000 ($75,000) − Increase funding to Human Services Resource Allocation Process (HSRAP) ($150,000) − Restore funding for the Twilight Concert Series ($30,000); 9. NEW Reduce funding to the Transportation Management Association (TMA) to $150,000; 10. NEW Consider an increase to Residential Parking Permit (RPP) fees to 10 percent higher than garages and appropriate fee levels at 2019 or 2020 rates; 11. NEW Return in fall 2021 with a long-range plan for Capital Improvement projects in FY 2023 and beyond to adjust for changes in the budget; 12. NEW Direct the Finance Committee to fund the Roth Building through the combination of impact fees and Stanford University Medical Center (SUMC) funds; and 13. NEW Move forward with Phase 4 of the Charleston/Arastradero Project using funding Option 1 ($1.2 million SUMC funding; $1.5 million from the Bike and Pedestrian Plan capital project (PL-04010); and $300,000 from various street maintenance projects). On May 25th, the budget review returned to the Finance Committee for Budget Wrap-Up. Staff summarized proceedings from all previous deliberations with the City Council and Finance Committee in the Budget Wrap-Up Memo that included recommended adjustments to the budget to date, a summary of Finance Committee and City Council referrals, additional staff recommended adjustments, additional information at the request of the City Council and Finance Committee or at staff’s behest, and a summary of all actions and references. After review of this summary and final detailed transaction adjustments, the Finance Committee moved (2-1 Burt no) to: A. Recommend the City Council adopt the FY 2022 Operating and Capital Budgets, Municipal Fee Schedule, and approve the FY 2022 -2026 Capital Improvement Plan as amended by the actions outlined in the staff report section 1 and 3 including Committee and Council tentative adjustments and staff recommended adjustments with the following additional amendments: City of Palo Alto Page 4 i. Recommend to the City Council an alternative balancing strategy to be implemented in the event the City does not achieve agreement on labor concessions by using current unallocated funds of $1.7 million to offset the additional expense estimated at $1.6 million in the General Fund, $2.5 million all funds; ii. In the event the unallocated $1.7 million and/or other funding adjustments remain available, place it in the Budget Stabilization Reserve and retitle the reserve to “Council Recovery Reserve”; B. Direct Staff to prepare two scenarios for refurbishing the Roth Building i. Research the feasibility of $4 million, zero percent interest, 18- month loan from the fiber fund to the museum, with the option to be repaid by the potential federal government community infrastructure grant; and ii. Utilize $2 million in SUMC funding from the community and infrastructure funds, and utilize $350,000 in impact fees for parks for the restroom and research the possibility of reallocating parks impact fees to the Rinconada PE-08001 in lieu of community center fees, else use $1.65 million in Community Center Fees and defund the Rinconada Park Program. The table below summarizes all General Fund actions recommended during City Council and Finance Committee meetings on May 11th, 12th, 17th, and 25th: General Fund Adjustments One-time $ (savings)/cost Ongoing $ (savings)/cost City Council & Finance Committee Recommendations May 11, 12, 17, & 25 60-40 split of t$13.7 million American Rescue Plan Act (ARPA) Revenues ($8.2 million in FY 2022 and $5.5 million in FY 2021) (1,950,000) 750,000 Draw on unallocated “Reserve: Remaining American Recovery Act Plan (ARPA) Funding” (proposed Operating Budget page 398) (3,192,580) (3,192,580) Reduce City Council Contingency (from $125,000 to $100,000) (25,000) - Draw from Budget Stabilization Reserve (BSR) (funding level approximately 17%) (2,500,000) - Children’s Theater Outreach and Summer Hotdog Series* 260,000 260,000 Twilight Concert Series 30,000 30,000 Youth Connectedness Initiative (YCI) Matching County Funds 50,000 - Human Services Resource Allocation Process (HRSP) Funds ($200,000 one-time, $50,000 from SUMC) 150,000 - Eliminate Finance Committee recommended $125,000 to CSD at staff’s discretion* (125,000) - Reduce JMZ ticket price ($18 to $10) and associated revenue 914,000 914,000 Restore Art Center Hours/Program/Fees 208,025 208,025 City of Palo Alto Page 5 General Fund Adjustments One-time $ (savings)/cost Ongoing $ (savings)/cost Restore CSD Admin Support 152,200 152,200 Restore Sports and Recreation Staffing 38,202 38,202 Restore JMZ Marketing (funding of $150,000 is 75% of initial estimates) 50,000 50,000 Restore Cubberley Theatre Administration 94,123 94,123 Restore Children’s Theatre Operations and production 68,224 68,224 Restore Teen Services/Use of ThinkFunds 55,209 55,209 Restore Baylands Interpretive Center Hours 15,321 15,321 Restore Cubberley Artist Studio Administration 12,173 12,173 Restore Emergency Incident Brown Out at Fire Station 2 (maintains weekday 8am to 8pm staffing) 709,000 709,000 Add Funding for Fire Equity Hiring Initiatives 50,000 - Restore Patrol Staffing (maintains FY 2021 adopted budget staffing levels) 1,008,737 1,008,737 Restore Crossing Guard Services (maintains full funding for approx. 30 crossings) 304,310 304,310 Restore Lieutenant, previously reallocated to CMO 292,903 292,903 Restore Police Administration Programming 47,450 47,450 Restore Library Hours at College Terrace, Downtown, and Children’s (Maintains FY 2021 adopted budget services of 3 days/week) 544,918 544,918 Restore Current Planning Staff 138,146 138,146 Restore Federal Lobbyist Contract Services 40,000 40,000 Restore Minutes Transcription Services 63,000 63,000 Establish a FY 2022 Council Uncertainty Reserve 500,000 - Realign Public Works Facility and Allocated Charges 53,000 53,000 Reduce Business Registry Revenue Adjustment 82,000 82,000 Restore Purchasing 0.50 FTE Administrative Associate and realign staff resources 94,000 94,000 Restore Assistant City Attorney from underfilled Deputy City Attorney 92,000 92,000 Restore Auditor services contract ($40,000 all funds) 30,000 30,000 Add 1.0 FTE Administrative Associate II, eliminate hourly Administrative Specialist II 68,000 68,000 Restore Recruitment support staffing 75,000 75,000 Add Technology consultant services ($200,000 all funds) 80,000 - Restore 1.0 FTE Facilities Technician 136,000 136,000 City of Palo Alto Page 6 General Fund Adjustments One-time $ (savings)/cost Ongoing $ (savings)/cost Reserve for administration support “ramp-up” (one-time) 300,000 - Eliminate General Fund Transitional Reserve (750,000) - TOTAL ($1,736,639) $3,233,361 * Recommend using the $125,000 one-time funding tentatively approved by the Finance Committee on May 12 for the Community Services Department for this purpos e. Overall, this table articulates that in FY 2022, revenues and use of reserves (aka sources of funding) are expected to exceed programed expenses (aka use of funds) by $1.7 million. This assumes the City reaches agreement with labor groups and achieves approximately $1.6 million in savings in the General Fund in FY 2022. In FY 2023, this articulates that additional cost, or expense of $3.2 million would result once one-time adjustments are annualized. These excess funds totaling $1.7 million would be returned to the Budget Stabilization Reserve if unused. The Finance Committee recommends the City Council place these excess funds into the BSR and retitle and reserve these funds as “Council Recovery Reserve.” Furthermore, if the City does not achieve agreement on labor concessions, that these remaining funds be used to offset the additional salary and benefit expense estimated at $1.6 million in the General Fund, $2.5 million all funds. At the May 17 City Council meeting, staff noted that the organizat ion has been operating with a hiring freeze and expectation for further reductions and constrained resources. Throughout the organization, including internal service departments, there is little to no staff back‐up for teams and therefore limited ability to shift resources to meet service delivery. In total, the recommendations to restore approximately 20 full-time staff and 21 part‐time staff will require a “ramp-up” period. With these restorations, the City is experiencing an approximate 10 percent vacancy rate in full‐time staffing levels. Of the part‐time staff proposed for restoration, approximately 50 percent are currently vacant. With this level of vacancies staff expect that these restorations will not be fully operational on July 1, the start of the fiscal year. Staff expect that there will be at least a three to six-month period to conduct recruitments, conduct procurement solicitations and contract reviews and operationalize these services. It is also expected that both staff and potential candidates will see some barriers and resistance to hiring as both seek to avoid any further layoffs or involuntary separations due to financial constraints in the future. This may further delay the time to provide services immediately upon adoption of this FY 2022 budget as staff work through these uncertainties. City of Palo Alto Page 7 The City Council and Finance Committee also recommended adjustments to non -General Fund activities which are summarized in full below. Other Fund Adjustments Fund City Council & Finance Committee Recommendations May 11, 12, 17, & 25 Add Phase 4 Charleston/Arastradero Corridor Project in CIP plan +$3 million (offset by $1.2 million SUMC funding; $1.5 million from the Bike and Pedestrian Plan capital project (PL-04010); and $0.3 million from various street maintenance projects) Capital Improvement Fund & Stanford University Medical Center (SUMC) Fund Adjust Commodity Purchases in Gas (decrease $1.6 million) Gas Operating Fund Reduce the funding allocated to the Transportation Management Association (TMA) to $150,000 University Avenue Parking Permit Fund Increase CDBG annual allocation by $7,795 to $536,756 and allocate to Rebuilding Together Peninsula Safe at Home project (FY 2021-22 CDBG annual action plan (CMR 12014)) Community Development Block Grant (CDBG) Fund Revise FY 2022 Gas Tax estimate down by $132,000 and reduce the Streets Maintenance Capital Project (PE-86070) by $132,000 State Gas Tax Fund & Capital Improvement Fund Reclassification of 9.00 positions from a Field Service Inspector to a WGW Utilities Field Service Inspector in Utilities (arbitration decision in January 2021 (CMR 12156)) Various Utilities Funds Fund the ROTH Building Phase 1 rehabilitation (aka “warm shell”) of 300 Homer Ave. estimated at $4.0 to 4.5 million To Be Determined (see below for discussion) CAPITAL IMPROVEMENT PROGRAM (CIP) PLAN - Capital Project Reappropriations The Municipal Code requires City Council authorization to reappropriate fund s for capital projects from one year to the next. These amounts are assessed in early spring to develop the FY 2021 Proposed budget and as an amendment to the proposed budget once more refined estimates are available. These adjustments do not change the overall funding levels and “true - up” the budget to the fiscal year that activity is anticipated to occur; projects experiencing delays in the current year will have funding increased and available at the onset of FY 2022 and projects with higher than anticipated expenditure levels in the current year will have funding reduced in FY 2022. Departments have refined current year estimates and staff recommends a total of $77.6 million to be reappropriated from FY 2021 to FY 2022 across all funds, a $21 million increase from the $56.6 million in the Proposed Budget. This re-review of projects results in an increase to the FY 2022 Capital Improvement Fund Budget by $11.1 million, from $31.7 million to $42.8 million. These amounts supersede the reappropriations presented to the Finance Committee at the May 11 at places memo and a detailed presentation of adjustments will be included in the FY 2022 Budget Adoption staff report, tentatively scheduled for City Council review on June 21, 2021. A summary of these adjustments is presented in Attachment A of the Budget Wrap-Up Memo. City of Palo Alto Page 8 Additional Information During the various meetings with both the Finance Committee and the Ci ty Council, additional pieces of information were requested. Many of these requests have already been presented through various at places memorandum that are linked in the resource section of this document or can be found on the City’s Budget website at www.cityofpaloalto.org/budget. Below are the final outstanding requests for additional information . The Committee requested the preparation of two scenarios for refurbishing the Roth Building A. Research the feasibility of $4 million, zero percent interest, 18- month loan from the fiber fund to the museum, with the option to be repaid by the potential federal government community infrastructure grant; and B. Utilize $2 million in SUMC funding from the community and infrastructure funds, and utilize $350,000 in impact fees for parks for the restroom and research the possibility of reallocating parks impact fees to the Rinconada PE -08001 in lieu of community center fees, else use $1.65 million in Community Center Fees and defund the Rinconada Park Program. Below staff has outlined research efforts on these two scenarios thus far and notes were work continues. Updates will continually be provided as necessary. Overall, restrictions in SUMC funding, impact fee funding, and parkland dedication fee’s require extensive research to ensure investments fall inline with the respective requirements. Based on initial research, the allocation requested in B will likely require reallocation and reprioritization of funding fo r various capital improvement projects currently planned. A) Research the feasibility of $4 million, zero percent interest, 18- month loan from the fiber fund to the museum, with the option to be repaid by the potential federal government community infrastructure grant As discussed with the City Council, the City’s fiber optic program is not regulated by Proposition 218 or Proposition 26, unlike the City’s electric, gas, water and wastewater utilities . As a result, charges for fiber optic services are not limited to the cost of providing service, and the City is not obligated to expend revenues generated from charges to fiber customers only on provision of fiber services. The City Council has discretion to set reasonable rates for fiber services and to use excess revenues that exceed what is required to operate and maintain the system to fund general City programs or services. Prudent management suggests that sufficient funds be maintained in the Fiber Optics Fund to cover ongoing maintenance and operational n eeds as well as a cushion for unexpected expenses. Funding from the Fiber Optics Fund to the Roth Building rehabilitation project could be structured as an unsecured loan , provided that a viable repayment plan can be identified; alternatively, it could be structured as a grant without a repayment plan. The Finance Committee also discussed the possibility that federal earmark funding will become available for the Roth project. The Palo Alto Museum submitted the ROTH rehabilitation project City of Palo Alto Page 9 to Representative Eshoo’s office to be considered for federal earmark funding. Federal funding is not guaranteed as there are a number of projects submitted by many local jurisdictions; a decision regarding which projects will be funded will not occur until the beginning of the federal fiscal year in October 2021. A request for information has been sent to the congressional office to determine if the approval of a loan from the Fiber Optics Fund to fund the project now would preclude this project from being considered for Federal funding. An official response has not been returned. However, City Staff estimates that fully funding the ROTH rehabilitation project now, would greatly reduce the chances of the project receiving Federal funding. Staff will update the Council with any response from the congressional office once received. Should the Council choose to allocate funds from the Fiber Optics Fund to the ROTH rehabilitation project, staff would recommend a clause stipulating repayment of those funds in the event this federal financial support is approved. B) Utilize $2 million in SUMC funding from the community and infrastructure funds, and utilize $350,000 in impact fees for parks for the restroom and research the possibility of reallocating parks impact fees to the Rinconada PE-08001 in lieu of community center fees, else use $1.65 million in Community Center Fees and defund the Rinconada Park Program. Utilizing $2 million of SUMC Community Health and Safety and Infrastructure and Affordable Housing Funds to Fund the ROTH Building Rehabilitation Project In consultation with the City Attorney’s Office, staff has researched the development agreement and determined the “Infrastructure, Sustainable Neighborhoods and Communities, and Affordable Housing” expenditure category within the SUMC Fund is the only expenditure category eligible to fund the ROTH project. Currently, the balance of uncommitted community and infrastructure funds is $0.84 million (Budget Wrap-Up Memo, p. 13) and is expected to be needed to offset negative balances in other categories as well. Staff acknowledges that there are several expense categories and projects planned in FY 2022 and beyond as outlined in the update to the Finance Committee on these funds. Different expense categories have different requirements under them as outlined in the development agreement such as the Community Health and Safety category which sti pulates that these funds: “Be held in a separate account and to be distributed to selected community health programs that benefit residents of the City, which amount could be spent at the City Council's discretion in whole or in part on the Project Safety Net Program. The SUMC Parties and the City shall establish a joint committee to evaluate proposals regarding the other specific programs to receive funding, composed of two representatives selected by the SUMC Parties and two representatives selected by t he City. The joint committee may choose to coordinate its efforts with the City's Human Relations Commission, and the City's representatives on the committee may be members of the Human Relations Commission. The joint committee shall make annual recommendations to the City Council regarding proposed disbursements from the Community Health and Safety City of Palo Alto Page 10 Program Fund, and the City Council shall use its reasonable discretion to decide whether to accept, reject or modify the joint committee recommendations.” Therefore, if the Council wishes for staff to find $2 million in eligible funding for the Roth project, additional research to reallocate existing planned SUMC expenses to alternative SUMC expense categories, non SUMC funding sources, or project cancellation would be necessary. The City may also choose to negotiate with Stanford to allow Palo Alto to adjust funding allocations by category. As a reminder, current planned expenses in the “Infrastructure, Sustainable Neighborhoods and Communities, and Affordable Housing” category are: $8.9 million is programmed to be expended on the Fire Station 4 Replacement (PE-18004), $0.8 million is programmed to be expended on the New Public Safety Building (PE -15001) in FY 2021. A full list of planned expenses can be referenced here: CMR 12233. Research the possibility of reallocating parks impact fees to the Rinconada PE -08001 in lieu of community center fees, else use $1.65 million in Community Center Fees and defund the Rinconada Park Program Due to the physical location of JMZ being inside Rinconada Park, two projects contain overlapping components of project expenses which qualif y for alternative funding sources, the projects are: (1) Rinconada Park Improvements project (PE-08001) and the (2) Junior Museum Zoo (JMZ) Renovation project (AC-18001). Staff continues to research the use of restricted funds for these projects and is transmitting current findings to keep the Council up to date. Based on the characteristics of these two projects, they have the potential to incur expenses qualifying for use of fee funds in Table 1 below. Table 1: Impact Fee Funds, and Parkland Dedication Fund Funding Source Eligibility Purpose & Authority for Collection Potential uses identified Impact Fee - Comm. Ctr. (211) Yes Fees imposed on new residential and non-residential development approved after Jan 28, 2002 for Community Centers. PAMC Ch. 16.58 To use these funds, a project must be necessary to meet increased demand for community center facilities resulting from new development. The current nexus study identifies the JMZ as an eligible community center. Impact Fee - Parks (210) Maybe Fees imposed on new residential and non-residential development approved after Jan 28, 2002 for Parks. PAMC Ch. 16.58 To use these funds, a project must be necessary to meet increased demand for park facilities resulting from new development and consistent with the uses identified in the current nexus study. Parkland Dedication (209) Yes Fees on parkland dedication imposed on new residential and non-residential development. Govt Code Sec. 66477 (Quimby Act) Parks over 15 acres eligible for citywide fees (otherwise restricted by distance). Uses include purchasing land for new parks, constructing improvements, and rehabilitating existing parks and recreational facilities (but not maintenance). The overall project expenses for these two projects are anticipated t o be $9.3 million through FY 2021, providing resources for the build out of the new JMZ facility, temporary relocation costs, and improvements to the Rinconada Park. Of the $9.3 million in combined support, $5.3 million in funding was specifically allocated from the City in support of the JMZ project City of Palo Alto Page 11 (including some direct support to the Friends of the JMZ). Specifically, as part of the agreement with the Friends of the JMZ: - City committed to fund $4.3 million in project costs (CMR 8851) through the two capital projects, Rinconada Park Improvements project (PE-08001) and the Junior Museum Zoo (JMZ) Renovation project (AC-18001); and - City committed an additional $1.0 million to the Friends of the JMZ (CMR 10748). These funds were planned to be spent through a combination of payment to the Friends of the JMZ as well as directly funding costs incurred by the City in the two capital projects. Funding sources of the $9.3 million investment is outlined below: Impact Fee - Community Center $4.9 Capital Improvement Fund 3.7 Federal grant funding 0.5 Impact Fee - General Government Facility 0.5 Total Funding Sources $9.3 Total Project Costs - Rinconada & JMZ $9.3 In order to determine eligibility of restricted funds, staff is now breaking down the $9.3 million into its components to determine eligibility of Parkland Dedication Funds. If possible, allocation of the remaining balance of approximately $2 million in Parkland Dedication Funds would d rain all available funds however, would potentially free up funding such as the Community Center Impact Fees for allocation to the ROTH Rehabilitation project. The amount of Community Center Impact fee funds budgeted to the Rinconada Park Improvements Project (PE-08001) is $2.1 million. It should be noted that staff is also researching the eligibility of using Community Center Impact Fees for the Roth Building Rehabilitation project as the Roth Building was not specifically listed as part of the most recent nexus study (reviewed by the Council on April 12, 2021 (CMR #12163)). For reference, in the at places memo for the Finance Committee’s review on May 25, potentially eligible Community Center Impact Fee funds reflected 19.4% of th e building: community room, board room, and education spaces, or approximately $2.3 million. Summary of Finance Committee & City Council Review of FY 2022 Proposed Budget (Actions & References) Action Minutes to the Finance Committee Hearings can be found on the City’s webpage here: https://www.cityofpaloalto.org/Departments/City-Clerk/City-Council-Standing- Committees/Finance-Committee. In addition, throughout the Finance Committee Budget Hearings, various memoranda were distributed “At Places” in order to respond to inquiries made by the Committee or provide additional pertinent information at staff’s behest. In addition, summary presentations were given at each hearing providing high level overviews of each item. Specific meetings and reference links to materials are outlined below. City of Palo Alto Page 12 May 4, 2021 Finance Committee Action Minutes: • https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas- minutes/finance-committee/2021/05-04-21-fcm-action-minutes.pdf Presentations: • Junior Museum and Zoo (JMZ) Operating Plan: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/item- presentations/2021/05-04-21-fcm-presentation-item-1.pdf • Stanford University Medical Center (SUMC) Fund Status: https://www.cityofpaloalto.org/files/assets/public/administrative-services/city- budgets/fy-2022-city-budget/fcm-budget-hearings/sumc-ppt.-item-2-fc-5.4.21.pdf • FY 2022 Proposed Budget Overview: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/item- presentations/2021/05-04-21-fcm-presentation-item-3.pdf Video: https://www.youtube.com/watch?v=HPZZuhlXEB4 May 11, 2022 Finance Committee Action Minutes: pending Presentations: • FY 2021-2022 Proposed Operating and Capital Budgets: https://www.cityofpaloalto.org/files/assets/public/administrative-services/city- budgets/fy-2022-city-budget/fcm-budget-hearings/may-12-2021/05-11-2021-fcm- budget-hearing-presentation-final.pdf Video: https://www.youtube.com/watch?v=HPZZuhlXEB4 May 12, 2022 Finance Committee Action Minutes: pending Presentations: • FY 2021-2022 Proposed Operating and Capital Budgets Continuation: https://www.cityofpaloalto.org/files/assets/public/administrative-services/city- budgets/fy-2022-city-budget/fcm-budget-hearings/may-12-2021/05.12.21-budget- hearing-presentation_updated.pdf Video: https://youtu.be/t4I5XP4jsz4 May 17, 2022 City Council Meeting Draft Action Minutes: • https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas- minutes/city-council-agendas-minutes/2021/05-17-21-ccm-draft-action-minutes.pdf Presentations: • FY 2021-2022 Finance Committee Review with City Council: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/item- presentations/2021/05-17-21-ccm-presentation-item-11.pdf Video: https://youtu.be/xcz2LMrNZlg City of Palo Alto Page 13 May 25, 2022 Finance Committee Meeting Action Minutes: pending Presentations: • FY 2021-2022 Budget Wrap-Up with Finance Committee: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/item- presentations/2021/05-25-21-fcm-presentation.pdf Video: https://youtu.be/Bw48cZQ8lTI List of Supplemental Information provided during Budget Deliberations During the Finance Committee hearings and the City Council update, staff provided additional information to Committee members to assist in the review of the Fiscal Year 2022 Proposed Budget. Below is a list of links to those memoranda: • May 11 At Places Memorandum: Additional Information • May 12 At Places Memorandum: Palo Alto Transportation Management Association • May 12 At Places Memorandum: Additional Information and Clarification • May 17 At Places Memorandum: Continued Discussion of the Fiscal Year 2022 Budget • May 17 At Place Memorandum: Palo Alto Museum (PAM) at the Roth Building • May 17 At Place Memorandum: Budget Survey Results as of May 17th • May 25 At Place Memorandum: Budget Wrap-up Memo • May 25 At Place Memorandum: Budget Survey Results as of May 25th Additional Information and Clarification Memos from May 11 and 12 (provided at staff’s behest) In previous years, the City Council has made a variety of requests to provide context and/or additional data points of reference to aid in budget deliberations. Staff compiled a nd transmitted the following items at the May 11 and 12, 2021 budget meetings: • Capital Fund reappropriations list • Vacancy report, as of May 2021 • City’s list of lease information • Service provider spend report • Department organization charts • Responses to City Council questions from May 4 Overview Meeting • Crossing Guard Locations • Community Budget Survey Results STAKEHOLDER ENGAGEMENT Community Budget Survey Results The City released an online survey on May 5, 2021 to facilitate community feedback o n the FY 2022 budget, including prioritization of service areas, proposed reductions, and alternative funding sources. Results of the survey were provided to the City Council and Finance Committee throughout the budget process, at regular intervals, up thr ough the closing of the budget survey on May 21, 2021 at 12:00PM. Final survey results are available on the City’s City of Palo Alto Page 14 Budget website; for ease of reference results of the Community Budget Survey can be found in these memoranda: • May 12 At Places Memorandum: Additional Information and Clarification • May 17 At Place Memorandum: Budget Survey Results as of May 17th • May 25 At Place Memorandum: Budget Survey Results as of May 25th ENVIRONMENTAL IMPACT This action recommended is not a project for the purposes of the California Environmental Quality Act. .