HomeMy WebLinkAbout2023-08-21 City Council Agenda PacketCITY COUNCIL
Regular Meeting
Monday, August 21, 2023
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by
teleconference or in person. To maximize public safety while still maintaining transparency and
public access, members of the public can choose to participate from home or attend in person.
Information on how the public may observe and participate in the meeting is located at the end
of the agenda. Masks are strongly encouraged if attending in person. The meeting will be
broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto,
and streamed to Midpen Media Center https://midpenmedia.org.
VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238)
Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an
amount of time determined by the Chair. All requests to speak will be taken until 5 minutes
after the staff’s presentation. Written public comments can be submitted in advance to
city.council@CityofPaloAlto.org and will be provided to the Council and available for inspection
on the City’s website. Please clearly indicate which agenda item you are referencing in your
subject line.
PowerPoints, videos, or other media to be presented during public comment are accepted only
by email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,
the Clerk will have them shared at public comment for the specified item. To uphold strong
cybersecurity management practices, USB’s or other physical electronic storage devices are not
accepted.
TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the
meeting is in progress. The Council reserves the right to use more or less time on any item, to
change the order of items and/or to continue items to another meeting. Particular items may be
heard before or after the time estimated on the agenda. This may occur in order to best manage
the time at a meeting or to adapt to the participation of the public.
CALL TO ORDER
This meeting will be called to order in honor of Ukrainian Independence Week.
CLOSED SESSION (5:30 ‐ 7:00 PM)
1.CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Authority: Government Code Section 54956.8
Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site)
Negotiating Party: Palo Alto Unified School District
City Negotiators: (Ed Shikada, Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong)
Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of Payment
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (7:00 ‐ 7:20 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.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:20 ‐ 7:25 PM)
Members of the public may not speak to the item(s).
CONSENT CALENDAR (7:25 ‐ 7:30 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
2.Approval of Minutes from August 7, 2023 Meeting
3.Approval of an Extraterritorial Utility Service and Offsite Infrastructure Agreement
between City of Palo Alto and City of Mountain View in relation to Palo Alto Homekey
project at 1237 San Antonio Road for connection to City of Mountain View Water and
Sewer Utility Services.
4.Approval of Contract C24187741A with Vance Brown, Inc., not to exceed $370,881, for
Repair of the Lytton Plaza Fountain and Approval of a Budget Amendment in the Capital
Improvement Fund (2/3 vote required); CEQA status ‐ Categorically exempt per
regulation 15301 (existing facilities).
5.Approval of Office of City Auditor FY2024 Task Orders; CEQA Status ‐ Not a project
6.SECOND READING: Adoption of an Ordinance Amending Section 9.68.010 (Purpose) and
Section 9.68.040 (Just Cause Evictions Required) in Palo Alto Municipal Code Chapter
9.68, Rental Housing Stabilization, to Reduce the Minimum Time Period Required for
Renters to Qualify for Just Cause Eviction Protections. CEQA status—exempt under CEQA
Guidelines Section 15061(b)(3). (FIRST READING: August 7, 2023 PASSED 6‐1, Tanaka no)
CITY MANAGER COMMENTS (7:30 ‐ 7:45 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (7:45 ‐ 8:45 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished
Business and Council Matters.
7.Staff Recommends that Council Direct Staff to Explore Purchase of Property Contiguous
to the Regional Water Quality Control Plant (RWQCP) to Meet Current and Future Needs
of the RWQCP
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action
during this meeting’s agenda.
8.Rental Residential Vacancy Rate Determination for Three Plus Dwelling Units for the 1st
Half of 2023
9.2023 Council Priority Objectives Q2 Update
AA1.Palo Alto and Bloomington, Indiana Sibling Cities Annual Report for 2022 and
Upcoming Events
OTHER INFORMATION
Standing Committee Meetings this week
Rail Committee August 23, 2023
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
AA1.Palo Alto and Bloomington, Indiana Sibling Cities Annual Report for 2022 and
Upcoming Events
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. For in person public comments please complete a speaker request card located on the
table at the entrance to the Council Chambers and deliver it to the Clerk prior to
discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through
the teleconference meeting. To address the Council, click on the link below to access a
Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 ,
Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in
older browsers including Internet Explorer. Or download the Zoom application onto
your smart phone from the Apple App Store or Google Play Store and enter in the
Meeting ID below.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When
you wish to speak on an agenda item hit *9 on your phone so we know that you wish to
speak. You will be asked to provide your first and last name before addressing the
Council. You will be advised how long you have to speak. When called please limit your
remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
(650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
1 Regular Meeting August 21, 2023
Materials submitted after distribution are available for public inspection at www.CityofPaloAlto.org.
CITY COUNCILRegular MeetingMonday, August 21, 2023Council Chambers & Hybrid5:30 PMAmended AgendaAmended agenda items appear below in REDPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. To maximize public safety while still maintaining transparency andpublic access, members of the public can choose to participate from home or attend in person.Information on how the public may observe and participate in the meeting is located at the endof the agenda. Masks are strongly encouraged if attending in person. The meeting will bebroadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto,and streamed to Midpen Media Center https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance tocity.council@CityofPaloAlto.org and will be provided to the Council and available for inspectionon the City’s website. Please clearly indicate which agenda item you are referencing in yoursubject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDER
This meeting will be called to order in honor of Ukrainian Independence Week.
CLOSED SESSION (5:30 ‐ 7:00 PM)
1.CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Authority: Government Code Section 54956.8
Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site)
Negotiating Party: Palo Alto Unified School District
City Negotiators: (Ed Shikada, Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong)
Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of Payment
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (7:00 ‐ 7:20 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.
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:20 ‐ 7:25 PM)
Members of the public may not speak to the item(s).
CONSENT CALENDAR (7:25 ‐ 7:30 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
2.Approval of Minutes from August 7, 2023 Meeting
3.Approval of an Extraterritorial Utility Service and Offsite Infrastructure Agreement
between City of Palo Alto and City of Mountain View in relation to Palo Alto Homekey
project at 1237 San Antonio Road for connection to City of Mountain View Water and
Sewer Utility Services.
4.Approval of Contract C24187741A with Vance Brown, Inc., not to exceed $370,881, for
Repair of the Lytton Plaza Fountain and Approval of a Budget Amendment in the Capital
Improvement Fund (2/3 vote required); CEQA status ‐ Categorically exempt per
regulation 15301 (existing facilities).
5.Approval of Office of City Auditor FY2024 Task Orders; CEQA Status ‐ Not a project
6.SECOND READING: Adoption of an Ordinance Amending Section 9.68.010 (Purpose) and
Section 9.68.040 (Just Cause Evictions Required) in Palo Alto Municipal Code Chapter
9.68, Rental Housing Stabilization, to Reduce the Minimum Time Period Required for
Renters to Qualify for Just Cause Eviction Protections. CEQA status—exempt under CEQA
Guidelines Section 15061(b)(3). (FIRST READING: August 7, 2023 PASSED 6‐1, Tanaka no)
CITY MANAGER COMMENTS (7:30 ‐ 7:45 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (7:45 ‐ 8:45 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished
Business and Council Matters.
7.Staff Recommends that Council Direct Staff to Explore Purchase of Property Contiguous
to the Regional Water Quality Control Plant (RWQCP) to Meet Current and Future Needs
of the RWQCP
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action
during this meeting’s agenda.
8.Rental Residential Vacancy Rate Determination for Three Plus Dwelling Units for the 1st
Half of 2023
9.2023 Council Priority Objectives Q2 Update
AA1.Palo Alto and Bloomington, Indiana Sibling Cities Annual Report for 2022 and
Upcoming Events
OTHER INFORMATION
Standing Committee Meetings this week
Rail Committee August 23, 2023
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
AA1.Palo Alto and Bloomington, Indiana Sibling Cities Annual Report for 2022 and
Upcoming Events
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. For in person public comments please complete a speaker request card located on the
table at the entrance to the Council Chambers and deliver it to the Clerk prior to
discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through
the teleconference meeting. To address the Council, click on the link below to access a
Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 ,
Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in
older browsers including Internet Explorer. Or download the Zoom application onto
your smart phone from the Apple App Store or Google Play Store and enter in the
Meeting ID below.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When
you wish to speak on an agenda item hit *9 on your phone so we know that you wish to
speak. You will be asked to provide your first and last name before addressing the
Council. You will be advised how long you have to speak. When called please limit your
remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
(650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
2 Regular Meeting August 21, 2023
Materials submitted after distribution are available for public inspection at www.CityofPaloAlto.org.
CITY COUNCILRegular MeetingMonday, August 21, 2023Council Chambers & Hybrid5:30 PMAmended AgendaAmended agenda items appear below in REDPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. To maximize public safety while still maintaining transparency andpublic access, members of the public can choose to participate from home or attend in person.Information on how the public may observe and participate in the meeting is located at the endof the agenda. Masks are strongly encouraged if attending in person. The meeting will bebroadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto,and streamed to Midpen Media Center https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance tocity.council@CityofPaloAlto.org and will be provided to the Council and available for inspectionon the City’s website. Please clearly indicate which agenda item you are referencing in yoursubject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERThis meeting will be called to order in honor of Ukrainian Independence Week.CLOSED SESSION (5:30 ‐ 7:00 PM)1.CONFERENCE WITH REAL PROPERTY NEGOTIATORSAuthority: Government Code Section 54956.8Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site)Negotiating Party: Palo Alto Unified School DistrictCity Negotiators: (Ed Shikada, Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong)Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of PaymentAGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (7:00 ‐ 7:20 PM)Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of OralCommunications period to 30 minutes.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:20 ‐ 7:25 PM)Members of the public may not speak to the item(s).CONSENT CALENDAR (7:25 ‐ 7:30 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.2.Approval of Minutes from August 7, 2023 Meeting3.Approval of an Extraterritorial Utility Service and Offsite Infrastructure Agreementbetween City of Palo Alto and City of Mountain View in relation to Palo Alto Homekeyproject at 1237 San Antonio Road for connection to City of Mountain View Water andSewer Utility Services.4.Approval of Contract C24187741A with Vance Brown, Inc., not to exceed $370,881, forRepair of the Lytton Plaza Fountain and Approval of a Budget Amendment in the CapitalImprovement Fund (2/3 vote required); CEQA status ‐ Categorically exempt perregulation 15301 (existing facilities).5.Approval of Office of City Auditor FY2024 Task Orders; CEQA Status ‐ Not a project6.SECOND READING: Adoption of an Ordinance Amending Section 9.68.010 (Purpose) andSection 9.68.040 (Just Cause Evictions Required) in Palo Alto Municipal Code Chapter9.68, Rental Housing Stabilization, to Reduce the Minimum Time Period Required forRenters to Qualify for Just Cause Eviction Protections. CEQA status—exempt under CEQAGuidelines Section 15061(b)(3). (FIRST READING: August 7, 2023 PASSED 6‐1, Tanaka no)
CITY MANAGER COMMENTS (7:30 ‐ 7:45 PM)
BREAK (5‐10 MINUTES)
ACTION ITEMS (7:45 ‐ 8:45 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished
Business and Council Matters.
7.Staff Recommends that Council Direct Staff to Explore Purchase of Property Contiguous
to the Regional Water Quality Control Plant (RWQCP) to Meet Current and Future Needs
of the RWQCP
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action
during this meeting’s agenda.
8.Rental Residential Vacancy Rate Determination for Three Plus Dwelling Units for the 1st
Half of 2023
9.2023 Council Priority Objectives Q2 Update
AA1.Palo Alto and Bloomington, Indiana Sibling Cities Annual Report for 2022 and
Upcoming Events
OTHER INFORMATION
Standing Committee Meetings this week
Rail Committee August 23, 2023
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
AA1.Palo Alto and Bloomington, Indiana Sibling Cities Annual Report for 2022 and
Upcoming Events
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. For in person public comments please complete a speaker request card located on the
table at the entrance to the Council Chambers and deliver it to the Clerk prior to
discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through
the teleconference meeting. To address the Council, click on the link below to access a
Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 ,
Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in
older browsers including Internet Explorer. Or download the Zoom application onto
your smart phone from the Apple App Store or Google Play Store and enter in the
Meeting ID below.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
When called, please limit your remarks to the time limit allotted. A timer will be
shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below. When
you wish to speak on an agenda item hit *9 on your phone so we know that you wish to
speak. You will be asked to provide your first and last name before addressing the
Council. You will be advised how long you have to speak. When called please limit your
remarks to the agenda item and time limit allotted.
CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
programs, services and meetings in a manner that is readily accessible to all. Persons with
disabilities who require materials in an appropriate alternative format or who require auxiliary
aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at
(650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or
accommodations must be submitted at least 24 hours in advance of the meeting, program, or
service.
3 Regular Meeting August 21, 2023
Materials submitted after distribution are available for public inspection at www.CityofPaloAlto.org.
CITY COUNCILRegular MeetingMonday, August 21, 2023Council Chambers & Hybrid5:30 PMAmended AgendaAmended agenda items appear below in REDPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. To maximize public safety while still maintaining transparency andpublic access, members of the public can choose to participate from home or attend in person.Information on how the public may observe and participate in the meeting is located at the endof the agenda. Masks are strongly encouraged if attending in person. The meeting will bebroadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto,and streamed to Midpen Media Center https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance tocity.council@CityofPaloAlto.org and will be provided to the Council and available for inspectionon the City’s website. Please clearly indicate which agenda item you are referencing in yoursubject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERThis meeting will be called to order in honor of Ukrainian Independence Week.CLOSED SESSION (5:30 ‐ 7:00 PM)1.CONFERENCE WITH REAL PROPERTY NEGOTIATORSAuthority: Government Code Section 54956.8Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site)Negotiating Party: Palo Alto Unified School DistrictCity Negotiators: (Ed Shikada, Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong)Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of PaymentAGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (7:00 ‐ 7:20 PM)Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of OralCommunications period to 30 minutes.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (7:20 ‐ 7:25 PM)Members of the public may not speak to the item(s).CONSENT CALENDAR (7:25 ‐ 7:30 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.2.Approval of Minutes from August 7, 2023 Meeting3.Approval of an Extraterritorial Utility Service and Offsite Infrastructure Agreementbetween City of Palo Alto and City of Mountain View in relation to Palo Alto Homekeyproject at 1237 San Antonio Road for connection to City of Mountain View Water andSewer Utility Services.4.Approval of Contract C24187741A with Vance Brown, Inc., not to exceed $370,881, forRepair of the Lytton Plaza Fountain and Approval of a Budget Amendment in the CapitalImprovement Fund (2/3 vote required); CEQA status ‐ Categorically exempt perregulation 15301 (existing facilities).5.Approval of Office of City Auditor FY2024 Task Orders; CEQA Status ‐ Not a project6.SECOND READING: Adoption of an Ordinance Amending Section 9.68.010 (Purpose) andSection 9.68.040 (Just Cause Evictions Required) in Palo Alto Municipal Code Chapter9.68, Rental Housing Stabilization, to Reduce the Minimum Time Period Required forRenters to Qualify for Just Cause Eviction Protections. CEQA status—exempt under CEQAGuidelines Section 15061(b)(3). (FIRST READING: August 7, 2023 PASSED 6‐1, Tanaka no)CITY MANAGER COMMENTS (7:30 ‐ 7:45 PM)BREAK (5‐10 MINUTES)ACTION ITEMS (7:45 ‐ 8:45 PM)Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, UnfinishedBusiness and Council Matters.7.Staff Recommends that Council Direct Staff to Explore Purchase of Property Contiguousto the Regional Water Quality Control Plant (RWQCP) to Meet Current and Future Needsof the RWQCPADJOURNMENTINFORMATION REPORTSInformation reports are provided for informational purposes only to the Council and the public but are not listed for actionduring this meeting’s agenda.8.Rental Residential Vacancy Rate Determination for Three Plus Dwelling Units for the 1stHalf of 20239.2023 Council Priority Objectives Q2 UpdateAA1.Palo Alto and Bloomington, Indiana Sibling Cities Annual Report for 2022 andUpcoming EventsOTHER INFORMATIONStanding Committee Meetings this week Rail Committee August 23, 2023 Public Comment LettersSchedule of MeetingsAMENDED AGENDA ITEMSAA1.Palo Alto and Bloomington, Indiana Sibling Cities Annual Report for 2022 andUpcoming Events
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. For in person public comments please complete a speaker request card located on the
table at the entrance to the Council Chambers and deliver it to the Clerk prior to
discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted through
the teleconference meeting. To address the Council, click on the link below to access a
Zoom‐based meeting. Please read the following instructions carefully.
You may download the Zoom client or connect to the meeting in‐ browser. If using
your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 ,
Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in
older browsers including Internet Explorer. Or download the Zoom application onto
your smart phone from the Apple App Store or Google Play Store and enter in the
Meeting ID below.
You may be asked to enter an email address and name. We request that you
identify yourself by name as this will be visible online and will be used to notify you
that it is your turn to speak.
When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers will be notified shortly before they
are called to speak.
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4. Spoken public comments using a phone use the telephone number listed below. When
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CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833
Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public
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4 Regular Meeting August 21, 2023
Materials submitted after distribution are available for public inspection at www.CityofPaloAlto.org.
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: August 21, 2023
Report #:2308-1896
TITLE
Approval of Minutes from August 7, 2023 Meeting
RECOMMENDATION
That the minutes be reviewed and approved.
ATTACHMENTS
Attachment A: August 7, 2023 Draft Action Minutes
APPROVED BY:
Mahealani Ah Yun
Item 2
Item 2 Staff Report
Item 2: Staff Report Pg. 1 Packet Pg. 5 of 196
CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 5
Regular Meeting
August 7, 2023
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual
teleconference at 5:30 P.M.
Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker
Present Remotely:
Absent:
Special Orders of the Day
1. Neighbors Abroad and Chris Cummings Presentation on Recent Activities with Palo Alto
Sister City Tsuchiura, Japan
Closed Session
2. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager
and his Designees Pursuant to Merit System Rules and Regulations (Ed Shikada, Kiely
Nose, Sandra Blanch, Tori Anthony, and Molly Stump) Employee Organization: Service
Employees International Union, (SEIU) Local 521, Utilities Management and Professional
Association of Palo Alto (UMPAPA), Palo Alto Peace Officers’ Association (PAPOA), Palo
Alto Police Management Association (PMA), International Association of Fire Fighters
(IAFF) local 1319, Palo Alto Fire Chiefs’ Association (FCA); Authority: Government Code
Section 54957.6 (a)
3. CONFERENCE WITH CITY ATTORNEY-POTENTIAL LITIGATION Claims pursuant to Public
Contract Code 9204 related to construction of the Public Safety Building from Swinerton
Builders; Pacific Structures, Inc.; Commercial Controls Corporation; Walters & Wolf; WSA
Compliance, LLC; Helix Construction Company; Broadway Mechanical Contractors, Inc.
(BMC); Sandis; and Northern Services, Inc. Authority: Government Code Section
54956.9(d)(3)
MOTION: Vice Mayor Stone moved, seconded by Council Member Burt to go into Closed Session.
MOTION PASSED: 7-0
Item 2
Attachment A - August 7,
2023 Draft Action
Minutes
Item 2: Staff Report Pg. 2 Packet Pg. 6 of 196
DRAFT ACTION MINUTES
Page 2 of 5
City Council Meeting
Draft Action Minutes: 08/07/2023
Council went into Closed Session at 6:00 P.M.
Council returned from Closed Session at 7:20 P.M.
Mayor Kou announced nothing to report.
Study Session
4. 4075 El Camino Real (23PLN-00391): Request for Prescreening of a Proposal to Modify an
Existing Planned Community (PC) to Allow 14 Additional Senior Convalescent Units,
Including an Increase in the FAR, Lot Coverage, Density, and Height Within the Daylight
Plane. Environmental Assessment: Not a Project. The Formal Application Will be Subject
to California Environmental Quality Act (CEQA) Review.
NO ACTION
Agenda Changes, Additions and Deletions
NO ACTION
Public Comment
Consent Calendar
Council Member Tanaka registered a no vote on Agenda Item Number 6.
Mayor Kou registered a no vote on Agenda Item Number 11.
Council Member Tanaka registered a no vote on Agenda Item Number 12.
MOTION: Council Member Veenker moved, seconded by Council Member Lythcott-Haims to
approve Agenda Item Numbers 5-14.
MOTION PASSED ITEMS 5, 7-10: 7-0
MOTION PASSED ITEM 6: 6-1, Tanaka no
MOTION PASSED ITEM 11: 6-1, Kou no
MOTION PASSED ITEM 12: 6-1, Tanaka no
Item 2
Attachment A - August 7,
2023 Draft Action
Minutes
Item 2: Staff Report Pg. 3 Packet Pg. 7 of 196
DRAFT ACTION MINUTES
Page 3 of 5
City Council Meeting
Draft Action Minutes: 08/07/2023
5. Approval of Minutes from June 12, 2023 and June 19, 2023 Meetings
6. PUBLIC HEARING: Adoption of an Ordinance Amending Section 9.68.010 (Purpose) and
Section 9.68.040 (Just Cause Evictions Required) in Palo Alto Municipal Code Chapter
9.68, Rental Housing Stabilization, to Reduce the Minimum Time Period Required for
Renters to Qualify for Just Cause Eviction Protections. CEQA status—exempt under CEQA
Guidelines Section 15061(b)(3).
7. Adoption of a Resolution Establishing Fiscal Year 2024 Property Tax Levy for General
Obligation Bonds (Measure N Libraries)
8. Approval of Contract Number C23187501 With Palo Alto Housing Corp (PAHC) Housing
Services, LLC for a Not-to Exceed Amount of $356,556 to Provide Administration and
Consulting Services for the City’s Below Market Rate Housing Program for a Term of Two-
years through June 2025 and Approve an FY 2024 Budget Amendment in the Residential
Housing In-Lieu Fund. CEQA Action: Agreements are not subject to CEQA.
9. Approve Amendment No. 1 to Contract C21181034 with Rincon Consultants, Inc. for the
Continued Work on the Housing Element Update, and Approval of a FY 2024 Budget
Amendment in the General Fund for the Reappropriation of funds from FY 2023 to
FY2024. Environmental Review: Agreements are not subject to CEQA.
10. Approval and Authorization of the City Manager to Execute a Contract with Allied
Universal Technology Services (AUTS) (C24187696) in an Amount Not-to-Exceed $778,275
over 5 years and one month period ending June 30, 2028 to provide Intrusion Detection
System (IDS) monitoring and notification services. CEQA status - not a project.
11. Direction to Evaluate with Caltrain the Viaduct Alternative and Defer Review of the Trench
Alternative at the Meadow Drive and Charleston Road Crossing as Recommended by the
Rail Committee; CEQA status – categorically exempt per Regulation 15262.
12. Approval of FY 2024 Budget Amendment in the Residential Housing In-Lieu Fund for the
Reappropriation of $3.0 million from FY 2023 to FY 2024 for 231 Grant Avenue Loan
Agreement; CEQA – Not a Project
13. SECOND READING: Adopt an Ordinance Amending Palo Alto Municipal Code (PAMC)
Section 9.10.060 (f) and Adoption of a Resolution to Modify the Administrative Penalty
Schedule Related to Enforcement of the City’s Gas-Powered Leaf Blower Ban.
Environmental Analysis: Not Subject to CEQA Review in Accordance with CEQA Guidelines
15061(b)(3). (FIRST READING: June 19, 2023 PASSED 7-0)
14. Approval of a General Services Contract with All City Management Services in an Amount
not to Exceed $3,920,865 Over a Five Year Term, for Crossing Guard Services; and
Approval of a FY 2024 Budget Amendment in the General Fund (2/3 vote required); CEQA
status - not a project.
Item 2
Attachment A - August 7,
2023 Draft Action
Minutes
Item 2: Staff Report Pg. 4 Packet Pg. 8 of 196
DRAFT ACTION MINUTES
Page 4 of 5
City Council Meeting
Draft Action Minutes: 08/07/2023
City Manager Comments
Ed Shikada, City Manager
Action Items
15. PUBLIC HEARING: Adoption of Resolution Confirming the Weed Abatement Report and
Ordering Abatement Costs to be a Special Assessment on the Properties Specified in the
Report
MOTION: Council Member Lauing moved, seconded by Council Member Burt to adopt a
resolution confirming the report and ordering abatement costs to be a special assessment on the
properties specified in the report.
MOTION PASSED: 7-0
16. Approval of Castilleja School's Transportation Demand Management Plan Document for
a Previously Approved Redevelopment Project at 1310 Bryant Street. Environmental
Analysis: The City Council Previously Certified a Final Environmental Impact Report for this
Project.
FINAL MOTION: Mayor Kou moved, seconded by Council Member Lauing to continue the Item,
and reach out to the Neighborhood Committee and School to review and provide comments to
Staff regarding the transportation demand management (TDM) plan.
AMENDMENTS INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND
SECONDER
MOTION PASSED: 5-2, Lythcott-Haims, Tanaka no
17. Designation of Voting Delegate and Alternate(s) for the League of California Cities Annual
2023 Conference, to be held September 20-22, 2023 in Sacramento, CA
MOTION: Vice Mayor Stone moved, seconded by Council Member Lauing to designate Mayor
Kou as the voting delegate, and designate Council Member Veenker as the alternate voting
delegate for the 2023 League of California Cities Annual Conference.
MOTION PASSED: 7-0
Item 2
Attachment A - August 7,
2023 Draft Action
Minutes
Item 2: Staff Report Pg. 5 Packet Pg. 9 of 196
DRAFT ACTION MINUTES
Page 5 of 5
City Council Meeting
Draft Action Minutes: 08/07/2023
Council Member Questions, Comments and Announcements
Adjournment: The meeting was adjourned at 12:14 A.M.
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 of both Council and committee proceedings. These recordings are available on the City’s
website.
Item 2
Attachment A - August 7,
2023 Draft Action
Minutes
Item 2: Staff Report Pg. 6 Packet Pg. 10 of 196
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: City Manager
Meeting Date: August 21, 2023
Report #:2306-1729
TITLE
Approval of an Extraterritorial Utility Service and Offsite Infrastructure Agreement between City
of Palo Alto and City of Mountain View in relation to Palo Alto Homekey project at 1237 San
Antonio Road for connection to City of Mountain View Water and Sewer Utility Services.
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or designee to enter
this extraterritorial utility service and offsite infrastructure agreement with the City of
Mountain View.
BACKGROUND
Council previously approved on June 12, 2023 a lease agreement and revenue agreement to
allow construction to begin on the Palo Alto Homekey Project at 1237 San Antonio Road.1 The
Project is a modular interim housing facility with on-site services. Located near the border of
the City of Palo Alto and the City of Mountain View, while many of the utilities will be provided
by Palo Alto, the site will need to connect to Mountain View water and sewer utility services.
The Santa Clara Local Agency Formation Commission (LAFCO) has approved the City of
Mountain View’s provision of these utility services to the Homekey site without a requirement
that the property be annexed to the City of Mountain View.
ANALYSIS
The City of Mountain View has indicated a willingness and capacity to provide these utility
services to the Project, provided that the property owner pays any and all costs associated with
making the connections, obtaining permits, and paying fees. The utility service agreement is
scheduled to go before the City of Mountain View Council in September 2023. Approving this
agreement (see Attachment A) will allow the Project to proceed in a timely manner and receive
1 June 12, 2023 Council Action Item
https://cityofpaloalto.primegov.com/meetings/ItemWithTemplateType?id=2481&meetingTemplateType=2
Item 3
Item 3 Staff Report
Item 3: Staff Report Pg. 1 Packet Pg. 11 of 196
necessary services. The agreement allows the City of Palo Alto to connect the Homekey site to
the City of Mountain View’s infrastructure to supply water and sewer service.
FISCAL/RESOURCE IMPACT
STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
Item 3
Item 3 Staff Report
Item 3: Staff Report Pg. 2 Packet Pg. 12 of 196
1 of 14
Recording Requested by and
Please Return to:
City Clerk
City of Mountain View
500 Castro Street, P.O. Box 7540
Mountain View, CA 94039-7540
This Instrument Benefits City Only.
No Fee Required. Gov. C. 27383
SPACE ABOVE THIS LINE FOR RECORDER’S USE
APN: 116-01-013
Address: 1237 N. San Antonio Rd. Palo Alto CA, 94303
EXTRA-TERRITORIAL UTILITY SERVICE AND OFFSITE INFRASTRUCTURE
AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND THE CITY OF MOUNTAIN VIEW
THIS AGREEMENT is made and entered into effective the _______day of _____,
2023, (“Effective Date”) by and between the City of Mountain View, a California charter
city and municipal corporation (hereinafter referred to as “City”), and the City of Palo Alto,
a California municipal corporation (hereinafter referred to as “Property Owner”).
RECITIALS
WHEREAS, PROPERTY OWNER owns property located at 1237 San Antonio
Road, Palo Alto, Santa Clara County, California, commonly referred to as the former Los
Altos Treatment Plant Site (“Subject Property” or “Property”), as more particularly
depicted in Exhibit A attached hereto and incorporated by this reference; and
WHEREAS, a portion of the Property, commonly known as Area C, is proposed to
be developed as an 88-unit emergency shelter, on a site area of 57,917 square feet, to
provide temporary housing for the unhoused, to be known as Homekey Palo Alto
(“Project”), as depicted and described in Exhibit B attached hereto and incorporated by
this reference; and
Item 3
Attachment A -
Extraterritorial Utility
Service and Offsite
Infrastructure Agreement
between City of Palo Alto
and City of Mountain
View
Item 3: Staff Report Pg. 3 Packet Pg. 13 of 196
2 of 14
WHEREAS, the Property is in the City of Palo Alto and the Property Owner is
interested in connecting to the City’s infrastructure to supply water and sewer service
(“Utility Services”) to the Subject Property; and
AGREEMENT
Item 3
Attachment A -
Extraterritorial Utility
Service and Offsite
Infrastructure Agreement
between City of Palo Alto
and City of Mountain
View
Item 3: Staff Report Pg. 4 Packet Pg. 14 of 196
3 of 14
NOW, THEREFORE, in consideration of the WHEREAS provisions above which
shall be considered contractual provisions, the mutual covenants set forth herein and for
other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties hereto, agree as follows:
Item 3
Attachment A -
Extraterritorial Utility
Service and Offsite
Infrastructure Agreement
between City of Palo Alto
and City of Mountain
View
Item 3: Staff Report Pg. 5 Packet Pg. 15 of 196
4 of 14
a. Property Owner shall pay to City, consistent with when other City Utility
Customers are required to make payment, all City delivery fees and
charges, and any other applicable fees or charges required by City. Should
there be any modification to the City’s adopted utility service fee calculation,
including but not limited to changes to the reasonable cost recovery formula
for capital improvements, Property Owner shall pay to the City the new
prevailing rate, consistent with all other City utility customers.
b. To grant City employees and contractors access to the Subject Property as
necessary to effect repairs to the Utility Service facilities and to cooperate
with the City in obtaining any permits or approvals needed to maintain the
utility system.
c. The terms of this Agreement shall apply so long as Property Owner remains
the same AND there is no increase in size of services to the off-site utility
services and appurtenances serving the Property.
C. PROVISIONS RELATED TO CONNECTION TO UTILITY SERVICES:
Connection to City’s municipal water and sewer system by Property Owner shall
be subject to the following conditions:
1. Metered Water Service Connection. City will allow two metered water service
connections for domestic use to an existing water main at a point specified in
the service application (“Point of Service”).
2. Backflow Prevention. Property Owner shall construct and maintain a backflow
prevention device complying with City standards and subject to the approval of
the City Public Works Director on the Property Owner side of the metered
service connection to protect the City water system from potential cross
contamination.
3. Construction of New Water Services. Property Owner shall construct, in
accordance with the designed and engineered system approved by City, at its
sole responsibility and expense: a four-inch diameter fire water, two-inch
diameter domestic water, and a one-inch diameter irrigation water services
from the Point of Service to the Subject Property, including installation of
Item 3
Attachment A -
Extraterritorial Utility
Service and Offsite
Infrastructure Agreement
between City of Palo Alto
and City of Mountain
View
Item 3: Staff Report Pg. 6 Packet Pg. 16 of 196
5 of 14
hydrants and water service lines to the water meter. The water services shall
be operated and maintained by the City of Mountain View during the term of
this Agreement.
4. Construction of New Sewer laterals. Property Owner shall construct, in
accordance with the designed and engineered system approved by City, at its
sole responsibility and expense: a six-inch diameter sewer lateral from the City
Main to the Subject Property, including installation of sewer laterals to its clean
out. The sewer laterals shall be operated and maintained by the Property
Owner during the term of this Agreement.
5. City to Provide Utility Service. Upon City determining the Utility Services are
operational and upon Property Owner’s full and complete performance of all
obligations and responsibilities under this Agreement, City agrees to provide
Property Owner with water and sewer service from City’s municipal utility
system or as determined by the Public Works Director.
6. Maintenance and Repair of Utility Services. Property Owner shall, at its sole
cost and expense, maintain, repair, and replace any portion of the utility lines
which run through the Subject Property premises. The owner shall maintain
water services after water meter and sewer laterals from the point of the
connection at the City main. Under no circumstances shall the City be required
or be accountable to maintain, repair or replace the private portion of the utility
lines within Subject Property.
7. Property Owner shall not permit any additional connections to either the Utility
Services or to any portion of the private facilities from the point of service to the
Project connection.
8. Property Owner shall not increase the intensification of land uses on the
Subject Property that would substantially increase the current water and sewer
demands uses contemplated at the time of signing this Agreement without
written approval of the City. The definition of “substantially increase” as used
within this section would be an amount in excess of 10% usage over the
average monthly usage of Property Owner over a six month period of time after
entering into this Agreement and City begins to supply water.
Item 3
Attachment A -
Extraterritorial Utility
Service and Offsite
Infrastructure Agreement
between City of Palo Alto
and City of Mountain
View
Item 3: Staff Report Pg. 7 Packet Pg. 17 of 196
6 of 14
D. ADDITIONAL PROVISIONS:
1. Continuing Obligations and Responsibilities of Property Owner. Property Owner
agrees to maintain its Utility Service accounts with City in a current status.
Property Owner acknowledges and agrees that should its Utility Services account
with City become delinquent, City shall have the right, within fifteen (15) days
written notice of delinquency, to discontinue Utility Services to Property Owner’s
Subject Property.
2. Covenants Running with the Land. Property Owner acknowledges and agrees that
all of Property Owner’s covenants, agreements, promises, representations and
warranties as set forth in this Agreement are covenants running with Property
Owner’s Subject Property as defined in the applicable provisions of Section 1457
et seq. of the California Civil Code. Property Owner’s covenants, agreements,
promises, representations and warranties as contained in this Agreement, shall
run with Property Owner’s Subject Property and shall be binding on Property
Owner. Within thirty (30) days of execution by the last party to sign, City will record
a copy of this Agreement as a covenant running with the land.
3. Successors and Assigns. . Property Owner may not assign its rights and/or
obligations under this Agreement without the prior written consent of City, which
consent shall not be unreasonably withheld. Any such consent by City shall not,
in any way, relieve Property Owner of its obligations and responsibilities under this
Agreement.
4. Notices. Any notice required or intended to be given to either party under the terms
of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, followed by telephone confirmation of receipt or sent by
United States registered or certified mail, with postage prepaid, return receipt
requested, addressed to the party to which notice is to be given at the party’s
address set forth below or at such other address as the parties may from time to
time designate by written notice. Notices served by United States mail in the
manner above described shall be deemed sufficiently served or given at the time
of the mailing thereof.
Item 3
Attachment A -
Extraterritorial Utility
Service and Offsite
Infrastructure Agreement
between City of Palo Alto
and City of Mountain
View
Item 3: Staff Report Pg. 8 Packet Pg. 18 of 196
7 of 14
Public Works Director
City of Mountain View
500 Castro Street – P.O. Box 7540
Mountain View, CA 94041
5. Waiver. The waiver by either party of a breach by the other of any provision of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions
of this Agreement may be waived unless in writing and signed by all parties to this
Agreement. Waiver of any one provision herein shall not be deemed to be a waiver
of any other provision herein.
6. Indemnification of City. To the greatest extent allowed by law, Property Owner
shall indemnify, hold harmless and defend City and each of its officers, officials,
attorneys, employees, agents and volunteers from any and all loss, liability, fines,
penalties, forfeitures, costs and damages incurred by City, Property Owner or any
other person, and from any and all claims, demands, liabilities, damages and
actions in law or equity (including attorney’s fees and litigation expenses), arising
or alleged to have arisen directly or indirectly out of the performance of this
Agreement, pursuant to this Agreement, or arising or alleged to have arisen directly
or indirectly in any way related to the construction, installation and operation of the
New Utility System. Property Owner’s obligations under the preceding sentence
shall apply regardless of whether Property Owner is passively negligent, but shall
not apply to any loss, liability, fines, penalties, forfeitures, costs or damages
caused by the active or sole negligence, or willful misconduct, of City or any of its
officers, officials, attorneys, employees, agents or volunteers.
7. Public Health, Safety and Welfare. Nothing contained in this Agreement shall limit
City’s authority to exercise its police powers, governmental authority or take other
appropriate actions to address threats to public health, safety and welfare,
including temporarily suspending Utility Services as deemed appropriate by City in
its sole determination.
Item 3
Attachment A -
Extraterritorial Utility
Service and Offsite
Infrastructure Agreement
between City of Palo Alto
and City of Mountain
View
Item 3: Staff Report Pg. 9 Packet Pg. 19 of 196
8 of 14
8. Governing Law and Venue. This Agreement shall be governed by, and construed
and enforced in accordance with, the laws of the State of California. Venue for
purposes of the filing of any action regarding the enforcement or interpretation of
this Agreement and any rights and duties hereunder shall be Santa Clara County,
California.
9. Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or
add to the interpretation or meaning of the provisions of this Agreement.
10.Severability. The provisions of this Agreement are severable. The invalidity or
unenforceability of any of one provision in this Agreement shall not affect the other
provisions.
11.Interpretation. The parties acknowledge this Agreement in its final form is the
result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against either party, but rather
by construing the terms in accordance with their generally accepted meaning.
12.Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at
law or in equity.
13.No third Party Beneficiaries. The rights, interest, duties and obligations defined
within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary
in this Agreement, it is not intended that any rights or interests in this Agreement
benefit or flow to the interest of any third parties.
14.Extent of Agreement. Each party acknowledges they have read and fully
understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter
hereof and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified only by written instrument
duly authorized and executed by both City and Property Owner.
Item 3
Attachment A -
Extraterritorial Utility
Service and Offsite
Infrastructure Agreement
between City of Palo Alto
and City of Mountain
View
Item 3: Staff Report Pg. 10 Packet Pg. 20 of 196
9 of 14
15. Wastewater flow adjustment. Pursuant to the Basic Agreement Between the City
of Palo Alto, the City of Mountain View and the City of Los Altos for Acquisition,
Construction and Maintenance of a Joint Sewer System (Basic Agreement),
wastewater flows from the Subject Property shall be subtracted from the Mountain
View wastewater flow totals to the Palo Alto Regional Water Quality Control Plant
and added to the City of Palo Alto flows. No sewer capacity shall be transferred
from Palo Alto to Mountain View.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
first above written.
Item 3
Attachment A -
Extraterritorial Utility
Service and Offsite
Infrastructure Agreement
between City of Palo Alto
and City of Mountain
View
Item 3: Staff Report Pg. 11 Packet Pg. 21 of 196
10 of 14
“CITY”:
CITY OF MOUNTAIN VIEW,
a California charter city and municipal
corporation
By:
Name: ______________________________
City Manager
APPROVED AS TO CONTENT:
Name: ______________________________
Public Works Director
FINANCIAL APPROVAL
Name: ______________________________
Finance and Administrative Services Director
APPROVED AS TO FORM:
Name:
City Attorney
“PROPERTY OWNER”:
CITY OF PALO ALTO,
a California municipal corporation
By:
Name: ______________________________
City Manager
Attachment:
Exhibit A – Legal Description and Plat
Exhibit B – Depiction of Project Area
Item 3
Attachment A -
Extraterritorial Utility
Service and Offsite
Infrastructure Agreement
between City of Palo Alto
and City of Mountain
View
Item 3: Staff Report Pg. 12 Packet Pg. 22 of 196
11 of 14
Exhibit A - 1237 N. San Antonio Rd- Subject Property
Item 3
Attachment A -
Extraterritorial Utility
Service and Offsite
Infrastructure Agreement
between City of Palo Alto
and City of Mountain
View
Item 3: Staff Report Pg. 13 Packet Pg. 23 of 196
12 of 14
Exhibit B – Legal Description of Project Area
Real property situate in the City of Palo Alto, County of Santa Clara, State of California,
described as follows:
Being a portion of Parcel B described in that certain Grant Deed recorded on January 4,
2008 as Document No. 19703209, Records of Santa Clara County said Parcel B also
shown on that certain map Entitled, “Record of Survey Lands of City of Los Altos and
City of Palo Alto” filed for record on December 3, 2007, in Book 820 of Maps, page 29,
Records of Santa Clara County, being more particularly described as follows:
COMMENCING at the southwesterly terminus of the monument line of San Antonio
Road,
labeled as “N 06 º53’03” E 499.91”, as shown on said map;
Thence leaving said monument line, North 83º 06’00” West, 20.26 feet to a point on the
easterly line of said Parcel B, said easterly line also being the westerly right of way line
of said San Antonio Road as shown on said map;
Thence along said westerly right of way line, South 06º 54’00” West, 78.11 feet to the
southeasterly corner of said Parcel B, said point also being the northeasterly corner of
the Lands conveyed to the City of Palo Alto by Instrument Recorded December 21,
1971 in Book 9636 of Official Records, Page 183 Records of Santa Clara County;
Thence along the common line of said Parcel B and said Lands of the City of Palo Alto,
North 83º06’00” West, 12.00 feet to the POINT OF BEGINNING;
Thence continuing along said common line, North 83º 06’00” West, 113.00 feet to the
northwest corner of said Lands of City of Palo Alto;
Thence continuing along said common line, South 7°01'17" West, 57.64 feet;
Thence along the southwesterly line of said Parcel B, North 38°56'36" West, 176.40
feet;
Thence leaving said southwesterly line the following 3 (three) courses:
1) North 29°36'41" East. 268.48 feet;
2) South 77°43'52" East, 136.62 feet to a point being North 83°06'00" West, 12.00 feet
from the easterly line of said Parcel B;
3) South 6°54'00" West, 300.13 feet to the POINT OF BEGINNING.
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Attachment A -
Extraterritorial Utility
Service and Offsite
Infrastructure Agreement
between City of Palo Alto
and City of Mountain
View
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13 of 14
Containing an area of 60,815 square feet more or less.
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Attachment A -
Extraterritorial Utility
Service and Offsite
Infrastructure Agreement
between City of Palo Alto
and City of Mountain
View
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14 of 14
EXHIBIT B – Depiction of Project Area
Item 3
Attachment A -
Extraterritorial Utility
Service and Offsite
Infrastructure Agreement
between City of Palo Alto
and City of Mountain
View
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Community Services
Meeting Date: August 21, 2023
Report #:2307-1798
TITLE
Approval of Contract C24187741A with Vance Brown, Inc., not to exceed $370,881, for Repair of
the Lytton Plaza Fountain and Approval of a Budget Amendment in the Capital Improvement
Fund (2/3 vote required); CEQA status - Categorically exempt per regulation 15301 (existing
facilities).
RECOMMENDATION
Staff recommends that Council:
1. Approve and authorize the City Manager or their designee to execute construction contract
C24187741A with Vance Brown, Inc. in the amount not-to-exceed $370,881 (includes $33,716
contingency), for repair of the Lytton Plaza fountain;
2. Authorize the City Manager or their designee to negotiate and execute one or more change
orders to the contract with Vance Brown, Inc. for related, additional but unforeseen work which
may develop during the contract period, the total value of which shall not exceed $33,716; and
3. Amend the Fiscal Year 2024 Budget Appropriation for the Capital Improvement Fund (requires
2/3 approval) by:
a. Increasing the Benches, Signage, Walkways, Perimeter Landscaping, and Site Amenities
capital project (PG-06003) by $131,511; and
b. Decreasing the Ending Fund Balance by $131,511
BACKGROUND
In 2009, a fountain was constructed at Lytton Plaza with funds raised by the Friends of Lytton
Plaza. The City operates and maintains the fountain at a cost of approximately $4,000
annually. The design of the fountain included embedded glass on a sloped triangular concrete
slab to create a flow of water pumped from a recirculating system. Although the fountain remains
functional, over the past several years the top layer of the sloped concrete slab has shifted and
there are large cracks across the slab. Staff and the Friends of Lytton Plaza created a scope of
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work to repair the fountain. Repair of the fountain and its top layer concrete slab is
recommended by staff at this time as the fountain is an essential element to the aesthetics of
Lytton Plaza. Additionally, the plaza is an attraction of the downtown business district. Delaying
repair or turning off the fountain could negatively impact the business community.
ANALYSIS
Bid Name / Number Lytton Plaza Fountain Renovation Rebid /
IFB 187741A
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proceeding as this project has been solicited for bids on three occasions. Each occasion has
resulted in either no bids or only one bid.
FISCAL/RESOURCE IMPACT
STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
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Rev. July 2023 1
PART 4 – CONSTRUCTION CONTRACT
CONSTRUCTION CONTRACT
Contract No. C24187741A
City of Palo Alto
Lytton Plaza Fountain Renovation Project
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C24187741A with Vance
Brown, Inc.
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PART 4 – CONSTRUCTION CONTRACT
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS…………………………………….………….6
1.1 Recitals……………………………………………………………………………………………………………………...6
1.2 Definitions………………………………………………………………………………………………………………….6
SECTION 2 THE PROJECT………………………………………………………………………………………………………..6
SECTION 3 THE CONTRACT DOCUMENTS.……………………………………………………………………………...7
3.1 List of Documents.…………………………………………………………………………………………..............7
3.2 Order of Precedence…………………………………………………………………………………………….......7
SECTION 4 CONTRACTOR’S DUTY…………………………………………………………………………………………..7
4.1 Contractor's Duties……………………………………………………………………………………………………..7
SECTION 5 PROJECT TEAM……………………………………………………………………………………………………..8
5.1 Contractor's Co-operation…………………………………………………………………………………………..8
SECTION 6 TIME OF COMPLETION………………………………………………………………………………………….8
6.1 Time Is of Essence……………………………………………………………………………………………………….8
6.2 Commencement of Work……………………………………………………………………………………………8
6.3 Contract Time…………………………………………………………………………………………………………….8
6.4 Liquidated Damages…………………………………………………………………………………………………..8
6.4.1 Other Remedies……………………………………………………………………………………………………….8
6.5 Adjustments to Contract Time……………………………………………………………………………………9
SECTION 7 COMPENSATION TO CONTRACTOR………………………………………………………………………9
7.1 Contract Sum………………………………………………………………………………………………………………9
7.2 Supplemental Unit Pricing……………………………………………………………………………………………9
7.3 Full Compensation………………………………………………………………………………………………………9
SECTION 8 STANDARD OF CARE……………………………………………………………………………………………..9
8.1 Standard of Care…………………………………………………………………………………..……………………9
SECTION 9 INDEMNIFICATION…………………………………………………………………………………………..……9
9.1 Hold Harmless……………………………………………………………………………………………………………9
9.2 Survival………………………………………………………………………………………………………………………10
SECTION 10 NON-DISCRIMINATION……..………………………………………………………………………………..10
10.1 Municipal Code Requirement…………….………………………………..……………………………………..10
SECTION 11 INSURANCE AND BONDS.……………………………………………………………………………………10
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11.1 Evidence of Coverage…………………………………………………………………………………………………10
SECTION 12 PROHIBITION AGAINST TRANSFERS………………………………………………………………….….10
12.1 Assignment…………………………………………………………………………………………………………………10
12.2 Assignment by Law.……………………………………………………………………………………………………10
SECTION 13 NOTICES……………………………………………………………………………………………………………….10
13.1 Method of Notice ………………………………………………………………………………………………………10
13.2 Notice Recipents ……………………………………………………………………………………………………….11
13.3 Change of Address……………………………………………………………………………………………………..11
SECTION 14 DEFAULT…………………………………………………………………………………………………………......12
14.1 Notice of Default………………………………………………………………………………………………………..12
14.2 Opportunity to Cure Default………………………………………………………………………………………12
SECTION 15 CITY'S RIGHTS AND REMEDIES……………………………………………………………………………..12
15.1 Remedies Upon Default………………………………………………………………………………………….....12
15.1.1 Delete Certain Services…………………………………………………………………………………………..12
15.1.2 Perform and Withhold……………………………………………………………………………………………..12
15.1.3 Suspend The Construction Contract………………………………………………………………………..12
15.1.4 Terminate the Construction Contract for Default…………………………………………………….12
15.1.5 Invoke the Performance Bond…………………………………………………………………………………..12
15.1.6 Additional Provisions………………………………………………………………………………………………13
15.2 Delays by Sureties……………………………………………………………………………………………………….13
15.3 Damages to City………………………………………………………………………………………………………….13
15.3.1 For Contractor's Default………………………………………………………………………………………….13
15.3.2 Compensation for Losses………………………………………………………………………………………..13
15.4 Suspension by City……………………………………………………………………………………………………..13
15.4.1 Suspension for Convenience……………………………………………………………………………………13
15.4.2 Suspension for Cause…………………………………………………………………………………………......13
15.5 Termination Without Cause……………………………………………………………………………………….14
15.5.1 Compensation…………………………………………………………………………………………………………14
15.5.2 Subcontractors………………………………………………………………………………………………………….14
15.6 Contractor’s Duties Upon Termination………………………………………………………………...........14
SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES…………………………………………………………………15
16.1 Contractor’s Remedies……………………………………..………………………………………………………….15
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16.1.1 For Work Stoppage……………………………………………………………………………………………………15
16.1.2 For City's Non-Payment……………………………………………………………………………………………..15
16.2 Damages to Contractor………………………………………………………………………………………………….15
SECTION 17 ACCOUNTING RECORDS………………………………………………………………………………….……….15
17.1 Financial Management and City Access………………………………………………………………………….15
17.2 Compliance with City Requests………………………………………………………………………………………16
SECTION 18 INDEPENDENT PARTIES…………………………………………………………………………………………….16
18.1 Status of Parties……………………………………………………………………………………………………………..16
SECTION 19 NUISANCE……………………………………………………………………………………………………….………..16
19.1 Nuisance Prohibited………………………………………………………………………………………………………..16
SECTION 20 PERMITS AND LICENSES…………………………………………………………………………………………..16
SECTION 21 WAIVER…………………………………………………………………………………………………………………….16
SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS………………………………………..16
22.1 Governing Law…………………………………………………………………………………………………………………16
22.2 Compliance with Laws……………………………………………………………………………………………………..16
22.2.1 Palo Alto Minimum Wage Ordinance ………………………………………….…………………………………17
SECTION 23 COMPLETE AGREEMENT…………………………………………………………………………………………...17
23.1 Integration……………………………………………………………………………………………………………………….17
SECTION 24 SURVIVAL OF CONTRACT…………………………………………………………………………………………..17
24.1 Survival of Provisions……………………………………………………………………………………………………....17
SECTION 25 PREVAILING WAGES…………………………………………………………………………………………………..17
SECTION 26 NON-APPROPRIATION……………………………………………………………………………………………….18
26.1 Appropriation…………………………………………………………………………………………………………………..18
SECTION 27 AUTHORITY……………………………………………………………………………………………………………….18
27.1 Representation of Parties………………………………………………………………………………………………..18
SECTION 28 COUNTERPARTS……………………………………………………………………………………………….........18
28.1 Multiple Counterparts……………………………………………………………………………………………………18
SECTION 29 SEVERABILITY…………………………………………………………………………………………………………..18
29.1 Severability…………………………………………………………………………………………………………………….18
SECTION 30 STATUTORY AND REGULATORY REFERENCES ………………………………………………….........18
30.1 Amendments of Laws…………………………………………………………………………………………………….18
SECTION 31 WORKERS’ COMPENSATION CERTIFICATION………………………………………………….……….18
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31.1 Workers Compensation…………………………………………………………………………………………………18
SECTION 32 DIR REGISTRATION AND OTHER REQUIREMENTS………………………………………..…………19
32.1 General Notice to Contractor……………………………………………………………………………………….19
32.2 Labor Code section 1771.1(a)……………………………………………………………………………………...19
32.3 DIR Registration Required……………………………………………………………………………………………19
32.4 Posting of Job Site Notices……………………………………………………………………………………………19
32.5 Payroll Records…………………………………………………………………………………………………………….19
32.6 Employment of Apprentices…………………………………………………………………………………………20
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PART 4 – CONSTRUCTION CONTRACT
CONSTRUCTION CONTRACT
THIS CONSTRUCTION CONTRACT entered into on August 21, 2023 (“Execution Date”) by and between the CITY OF
PALO ALTO, a California chartered municipal corporation ("City"), and Vance Brown, Inc. ("Contractor"), is made with
reference to the following:
R E C I T A L S:
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California
with the power to carry on its business as it is now being conducted under the statutes of the State of California and
the Charter of City.
B. Contractor is a Corporation duly organized and in good standing in the State of California, Contractor’s
License Number 122847 and Department of Industrial Relations Registration Number 1000027015. Contractor
represents that it is duly licensed by the State of California and has the background, knowledge, experience and
expertise to perform the obligations set forth in this Construction Contract.
C. On April 21, 2023, City issued an Invitation for Bids (IFB) to contractors for the Lytton Plaza Fountain
Renovation (“Project”). In response to the IFB, Contractor submitted a Bid.
D. City and Contractor desire to enter into this Construction Contract for the Project, and other services as
identified in the Contract Documents for the Project upon the following terms and conditions.
NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually
agreed by and between the undersigned parties as follows:
SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS.
1.1 Recitals.
All of the recitals are substantive parts of this Construction Contract and are hereby incorporated herein by reference.
1.2 Definitions.
Capitalized terms shall have the meanings set forth in this Construction Contract (sometimes referred to herein as
the “Contract”) and/or in the General Conditions. If there is a conflict between the definitions in this Construction
Contract and in the General Conditions, the definitions in this Construction Contract shall prevail.
SECTION 2 THE PROJECT.
The Project is the Lytton Plaza Fountain Project, located at 200 University Ave., Palo Alto, CA 94301 ("Project").
/ /
/ /
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SECTION 3 THE CONTRACT DOCUMENTS.
3.1 List of Documents.
The Contract Documents (sometimes collectively referred to as “Agreement” or “Bid Documents”) consist of the
following documents which are on file with the Purchasing Division and are hereby incorporated into this Construction
Contract by reference.
1) Change Orders
2) Field Orders
3) Construction Contract
4) Bidding Addenda
5) Special Provisions
6) General Conditions
7) Project Plans and Drawings
8) Technical Specifications
9) Instructions to Bidders
10) Invitation for Bids
11) Contractor's Bid/Non-Collusion Declaration
12) Reports listed in the Contract Documents
13) Public Works Department’s Standard Drawings and Specifications (most current version at time of Bid)
14) Utilities Department’s Water, Gas, Wastewater, Electric Utilities Standards (most current version at
time of Bid)
15) City of Palo Alto Traffic Control Requirements
16) City of Palo Alto Truck Route Map and Regulations
17) Notice Inviting Pre-Qualification Statements, Pre-Qualification Statement, and Pre-Qualification
Checklist (if applicable)
18) Performance and Payment Bonds
3.2 Order of Precedence.
For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this
Contract, the Contract Documents shall have the order of precedence as set forth in the preceding section. If a
claimed inconsistency cannot be resolved through the order of precedence, the City shall have the sole power to
decide which document or provision shall govern as may be in the best interests of the City.
SECTION 4 CONTRACTOR’S DUTY.
4.1 Contractor’s Duties
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Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents, all of
which are fully incorporated herein. Contractor shall provide, furnish, and supply all things necessary and incidental
for the timely performance and completion of the Work, including, but not limited to, provision of all necessary labor,
materials, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents.
Contractor also agrees to use its best efforts to complete the Work in a professional and expeditious manner and to
meet or exceed the performance standards required by the Contract Documents.
SECTION 5 PROJECT TEAM.
5.1 Contractor’s Co-operation.
In addition to Contractor, City has retained, or may retain, consultants and contractors to provide professional and
technical consultation for the design and construction of the Project. The Contract requires that Contractor operate
efficiently, effectively and cooperatively with City as well as all other members of the Project Team and other
contractors retained by City to construct other portions of the Project.
SECTION 6 TIME OF COMPLETION.
6.1 Time Is of Essence.
Time is of the essence with respect to all time limits set forth in the Contract Documents.
6.2 Commencement of Work.
Contractor shall commence the Work on the date specified in City’s Notice to Proceed.
6.3 Contract Time.
Work hereunder shall begin on the date specified on the City’s Notice to Proceed and shall be completed
not later than .
within sixty calendar days (60) after the commencement date specified in City’s Notice to Proceed.
within working days () after the commencement date specified in City’s Notice to Proceed.
By executing this Construction Contract, Contractor expressly waives any claim for delayed early completion.
6.4 Liquidated Damages.
Pursuant to Public Contract Code Section 7203, if Contractor 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 setoff the amount of liquidated damages assessed against any payments otherwise due to Contractor, including,
but not limited to, setoff against release of retention. If the total amount of liquidated damages assessed exceeds
the amount of unreleased retention, City is entitled to recover the balance from Contractor or its sureties. Occupancy
or use of the Project in whole or in part prior to 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 Contractor’s failure to achieve Final Completion of the entire Work
within the Contract Time.
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6.5 Adjustments to Contract Time.
The Contract Time may only be adjusted for time extensions approved by City and memorialized in a Change Order
approved in accordance with the requirements of the Contract Documents.
SECTION 7 COMPENSATION TO CONTRACTOR.
7.1 Contract Sum.
Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents
the Contract Sum of Three Hundred Thirty-Seven Thousand One Hundred Sixty-Five Dollars ($337,165.00).
[This amount includes the Base Bid and Additive or Deductive Alternates .]
7.2 Supplemental Unit Pricing.
With respect to the “Supplemental Unit Price” (“SUP”) bid items, as described in Section ____ of Specification Section
_____ (__________________) and referenced as SUP Bid Items _____ (inclusive) on the Bid Form, the Contract is
hereby awarded solely for the Base Scope, and the Alternates identified in Section 7.1, above, if any, and without
including SUP Bid Items _____. Whether or not the Work encompassed in SUP Bid Items ____ will be needed for the
Project is unknown as of the Execution Date of this Contract. However, with respect to SUP Bid Items ____, Contractor
agrees to be bound by the unit pricing provided in Contractor’s Bid if the scope of Work encompassed in one or more
of SUP Bid Items ____ is required, as determined by the City, acting in its sole discretion, during the course of Work
on the Project and as memorialized in a Field Order or Change Order.
7.2.1 Adjustment for Actual vs. Estimated Quantities.
If the City determines that Work encompassed in one or more of SUP Bid Items ____ is required for the
Project, the City may also determine the quantity required for each such SUP Bid Item, subject to the Project
needs and applicable circumstance. The estimated quantities for SUP Bid Items ____ are subject to
adjustment for payments due to the Contractor based on actual quantities required for the Project pursuant
to Section 7.2.9 of the General Conditions. Nothing in this Contract is intended to entitle Contractor to
inclusion of SUP Bid Items ____ in the Contract Sum, except as authorized by the City pursuant to this Section
7 of the Contract.
7.2.2 Adjustment for Corresponding Base Scope.
SUP Bid Items ____ inclusive include alternate methodology which may be needed, as determined
by the City, to replace a corresponding quantity of Work within the Base Scope, as follows:
.1 SUP Bid Items _______. If and to the extent the City directs Work pursuant to SUP Bid Item
__, there will be a corresponding reduction of the estimated scope under corresponding SUP Bid
Item __.
.2 SUP Bid Items _______. If and to the extent the City directs Work pursuant to SUP Bid Item
__, there will be a corresponding reduction of the estimated scope under corresponding SUP Bid
Item __.
7.2.3 Schedule of Values.
Contractor will include the unit prices provided in its bid for SUP Bid Items _____ in the Schedule of Values
submitted pursuant to Section 9.1 of the General Conditions.
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PART 4 – CONSTRUCTION CONTRACT
7.3 Full Compensation.
The Contract Sum shall be full compensation to Contractor for all Work provided by Contractor and, except as
otherwise expressly permitted by the terms of the Contract Documents, shall cover all Losses arising out of the nature
of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be
encountered in performance of the Work until its Acceptance by City, all risks connected with the Work, and any and
all expenses incurred due to suspension or discontinuance of the Work, except as expressly provided herein. The
Contract Sum may only be adjusted for Change Orders approved in accordance with the requirements of the Contract
Documents.
SECTION 8 STANDARD OF CARE.
8.1 Standard of Care.
Contractor agrees that the Work shall be performed by qualified, experienced and well-supervised personnel. All
services performed in connection with this Construction Contract shall be performed in a manner consistent with the
standard of care under California law applicable to those who specialize in providing such services for projects of the
type, scope and complexity of the Project.
SECTION 9 INDEMNIFICATION.
9.1 Hold Harmless.
To the fullest extent allowed by law, Contractor will defend, indemnify, and hold harmless City, its City Council, boards
and commissions, officers, agents, employees, representatives and volunteers (hereinafter individually referred to as
an “Indemnitee” and collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and
against any and liability, loss, damage, claims, expenses (including, without limitation, attorney fees, expert witness
fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out
of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or
agents, in performing the Work or its failure to comply with any of its obligations under the Contract, except such
Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. Contractor shall
pay City for any costs City incurs to enforce this provision. Except as provided in Section 9.2 below, nothing in the
Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against
City or any other Indemnitee.
Pursuant to Public Contract Code Section 9201, City shall timely notify Contractor upon receipt of any third-party
claim relating to the Contract.
9.2 Survival.
The provisions of Section 9 shall survive the termination or expiration of this Construction Contract.
SECTION 10 NON-DISCRIMINATION.
10.1 Municipal Code Requirement.
As set forth in Palo Alto Municipal Code section 2.30.510, Contractor certifies that in the performance of this
Agreement, it shall not discriminate in the employment of any person 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 Section 2.30.510 of the Palo Alto Municipal Code relating to
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PART 4 – CONSTRUCTION CONTRACT
Nondiscrimination Requirements, and the penalties for violation thereof, and will comply with all requirements of
Section 2.30.510 pertaining to nondiscrimination in employment.
SECTION 11 INSURANCE AND BONDS.
11.1 Evidence of coverage.
Within ten (10) business days following issuance of the Notice of Award, Contractor shall provide City with evidence
that it has obtained insurance and shall submit Performance and Payment Bonds satisfying all requirements in Article
11 of the General Conditions.
SECTION 12 PROHIBITION AGAINST TRANSFERS.
12.1 Assignment.
City is entering into this Construction Contract in reliance upon the stated experience and qualifications of the Contractor
and its Subcontractors set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this
Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior
written consent of City. Any assignment, hypothecation or transfer without said consent shall be null and void, and shall
be deemed a substantial breach of contract and grounds for default in addition to any other legal or equitable remedy
available to the City.
12.2 Assignment by Law.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of
any general partner or joint venturer or syndicate member of Contractor, if the Contractor is a partnership or joint
venture or syndicate or co-tenancy shall result in changing the control of Contractor, shall be construed as an assignment
of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or
other entity.
SECTION 13 NOTICES.
13.1 Method of Notice.
All notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and
shall be deemed received 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 received by the recipient if sent by certified mail.
13.2 Notice to Recipients.
All notices, demands or requests (including, without limitation, Change Order Requests and Claims) from Contractor to
City shall include the Project name and the number of this Construction Contract and shall be addressed to City at:
To City: City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Copy to: City of Palo Alto
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PART 4 – CONSTRUCTION CONTRACT
Public Works Administration
250 Hamilton Avenue
Palo Alto, CA 94301
Attn: Jeanette Serna
[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 Contractor under this Construction Contract shall be provided to the
following:
Palo Alto City Attorney’s Office
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, California 94303
All Claims shall be sent by registered mail or certified mail with return receipt requested.
All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at:
To Contractor:
Vance Brown, Inc.
3197 Park Blvd.
Palo Alto, CA 94306
Attn: Matthew Pentin
13.3 Change of Address.
In advance of any change of address, Contractor shall notify City of the change of address in writing. Each party may,
by written notice only, add, delete or replace any individuals to whom and addresses to which notice shall be
provided.
SECTION 14 DEFAULT.
14.1 Notice of Default.
In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the
obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may
give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract,
with a copy to Contractor’s performance bond surety.
14.2 Opportunity to Cure Default.
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Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract
Documents within two (2) Days (or such shorter time as City may reasonably require) after receipt of written notice.
However, if the breach cannot be reasonably cured within such time, Contractor will commence to cure the breach within
two (2) Days (or such shorter time as City may reasonably require) and will diligently and continuously prosecute such
cure to completion within a reasonable time, which shall in no event be later than ten (10) Days after receipt of such
written notice.
SECTION 15 CITY'S RIGHTS AND REMEDIES.
15.1 Remedies Upon Default.
If Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 14,
then City may pursue any remedies available under law or equity, including, without limitation, the following:
15.1.1 Delete Certain Services. City may, without terminating the Construction Contract, delete certain
portions of the Work, reserving to itself all rights to Losses related thereto.
15.1.2 Perform and Withhold. City may, without terminating the Construction Contract, engage others to
perform the Work or portion of the Work that has not been adequately performed by Contractor and withhold
the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related
thereto.
15.1.3 Suspend the Construction Contract. City may, without terminating the Construction Contract and
reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract
for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have
no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages
if City directs Contractor to resume Work.
15.1.4 Terminate the Construction Contract for Default. City shall have the right to terminate this
Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as
required by Section 14. City’s election to terminate the Construction Contract for default shall be communicated
by giving Contractor a written notice of termination in the manner specified for the giving of notices in the
Construction Contract. Any notice of termination given to Contractor by City shall be effective immediately,
unless otherwise provided therein.
15.1.5 Invoke the Performance Bond. City may, with or without terminating the Construction Contract and
reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond.
15.1.6 Additional Provisions. All of City’s rights and remedies under this Construction Contract are
cumulative, and shall be in addition to those rights and remedies available in law or in equity. Designation in
the Contract Documents of certain breaches as material shall not waive the City’s authority to designate other
breaches as material nor limit City’s right to terminate the Construction Contract, or prevent the City from
terminating the Agreement for breaches that are not material. City’s determination of whether there has been
noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for
default under the Construction Contract, shall be binding on all parties. No termination or action taken by City
after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the
Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated
damages and Losses suffered by City.
15.2 Delays by Sureties.
Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the
Work in accordance with the Performance Bond, within seven (7) calendar days from the date of the notice of
termination, Contractor’s surety shall be deemed to have waived its right to complete the Work under the Contract, and
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City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a
replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and
its surety shall be jointly and severally liable for any additional cost incurred by City to complete the Work following
termination. In addition, City shall have the right to use any materials, supplies, and equipment belonging to Contractor
and located at the Worksite for the purposes of completing the remaining Work.
15.3 Damages to City.
15.3.1 For Contractor's Default. City will be entitled to recovery of all Losses under law or equity in the event
of Contractor’s default under the Contract Documents.
15.3.2 Compensation for Losses. In the event that City's Losses arise from Contractor’s default under the
Contract Documents, City shall be entitled to deduct the cost of such Losses from monies otherwise payable to
Contractor. If the Losses incurred by City exceed the amount payable, Contractor shall be liable to City for the
difference and shall promptly remit same to City.
15.4 Suspension by City
15.4.1 Suspension for Convenience. City may, at any time and from time to time, without cause, order
Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up
to an aggregate of fifty percent (50%) of the Contract Time. The order shall be specifically identified as a
Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with
the order and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension
Order. During the Suspension or extension of the Suspension, if any, City shall either cancel the Suspension
Order or, by Change Order, delete the Work covered by the Suspension Order. If a Suspension Order is canceled
or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any
adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. A Suspension
Order shall not be the exclusive method for City to stop the Work.
15.4.2 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform
or correct work in accordance with the Contract Documents, City may immediately order the Work, or any
portion thereof, suspended until the cause for the suspension has been eliminated to City’s satisfaction.
Contractor shall not be entitled to an increase in Contract Time or Contract Price for a suspension occasioned
by Contractor’s failure to comply with the Contract Documents. City’s right to suspend the Work shall not give
rise to a duty to suspend the Work, and City’s failure to suspend the Work shall not constitute a defense to
Contractor’s failure to comply with the requirements of the Contract Documents.
15.5 Termination Without Cause.
City may, at its sole discretion and without cause, terminate this Construction Contract in part or in whole upon written
notice to Contractor. Upon receipt of such notice, Contractor shall, at City’s expense, comply with the notice and take all
reasonable steps to minimize costs to close out and demobilize. The compensation allowed under this Paragraph 15.5
shall be the Contractor’s sole and exclusive compensation for such termination and Contractor waives any claim for other
compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or
other consequential, direct, indirect or incidental damages of any kind resulting from termination without cause.
Termination pursuant to this provision does not relieve Contractor or its sureties from any of their obligations for Losses
arising from or related to the Work performed by Contractor.
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15.5.1 Compensation. Following such termination and within forty-five (45) Days after receipt of a billing
from Contractor seeking payment of sums authorized by this Paragraph 15.5.1, City shall pay the following to
Contractor as Contractor’s sole compensation for performance of the Work:
.1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work
properly performed by Contractor as of the date of termination, less sums previously paid to
Contractor.
.2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors:
(i) Demobilizing and
(ii) Administering the close-out of its participation in the Project (including, without
limitation, all billing and accounting functions, not including attorney or expert fees) for a
period of no longer than thirty (30) Days after receipt of the notice of termination.
.3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which
were fabricated for subsequent incorporation in the Work.
.4 Profit Allowance. An allowance for profit calculated as four percent (4%) of the sum of the
above items, provided Contractor can prove a likelihood that it would have made a profit if the
Construction Contract had not been terminated.
15.5.2 Subcontractors. Contractor shall include provisions in all of its subcontracts, purchase orders and
other contracts permitting termination for convenience by Contractor on terms that are consistent with this
Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to
Contractor against City under this Section.
15.6 Contractor’s Duties Upon Termination.
Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs
otherwise, do the following:
(i) Immediately discontinue the Work to the extent specified in the notice;
(ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may
be necessary for completion of such portion of the Work that is not discontinued;
(iii) Provide to City a description in writing, no later than fifteen (15) days after receipt of the notice of
termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without
limitation, the terms of the original price, any changes, payments, balance owing, the status of the
portion of the Work covered and a copy of the subcontract, purchase order or contract and any written
changes, amendments or modifications thereto, together with such other information as City may
determine necessary in order to decide whether to accept assignment of or request Contractor to
terminate the subcontract, purchase order or contract;
(iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City
elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all
subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by
assignment; and
(v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress
and to protect materials, plants, and equipment on the Project Site or in transit thereto.
Upon termination, whether for cause or for convenience, the provisions of the Contract Documents remain in
effect as to any Claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings,
instructions, or manuals, or other such rights and obligations arising prior to the termination date.
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SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES.
16.1 Contractor’s Remedies.
Contractor may terminate this Construction Contract only upon the occurrence of one of the following:
16.1.1 For Work Stoppage. The Work is stopped for sixty (60) consecutive Days, through no act or fault of
Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance
of an order of a court or other public authority other than City having jurisdiction or due to an act of government,
such as a declaration of a national emergency making material unavailable. This provision shall not apply to any
work stoppage resulting from the City’s issuance of a suspension notice issued either for cause or for
convenience.
16.1.2 For City's Non-Payment. If City does not pay Contractor undisputed sums within ninety (90) Days after
receipt of notice from Contractor, Contractor may terminate the Construction Contract (30) days following a
second notice to City of Contractor’s intention to terminate the Construction Contract.
16.2 Damages to Contractor.
In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph 15.5.1
above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for
other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost
opportunity, or other consequential, direct, indirect and incidental damages, of any kind.
SECTION 17 ACCOUNTING RECORDS.
17.1 Financial Management and City Access.
Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial
management under this Construction Contract in accordance with generally accepted accounting principles and
practices. City and City's accountants during normal business hours, may inspect, audit and copy Contractor's records,
books, estimates, take-offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts,
subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project. Contractor shall retain
these documents for a period of three (3) years after the later of (i) Final Payment or (ii) final resolution of all Contract
Disputes and other disputes, or (iii) for such longer period as may be required by law.
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17.2 Compliance with City Requests.
Contractor's compliance with any request by City pursuant to this Section 17 shall be a condition precedent to filing or
maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further
payments under the Contract Documents. City many enforce Contractor’s obligation to provide access to City of its
business and other records referred to in Section 17.1 for inspection or copying by issuance of a writ or a provisional or
permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court,
without the necessity of oral testimony.
SECTION 18 INDEPENDENT PARTIES.
18.1 Status of parties.
Each party is acting in its independent capacity and not as agents, employees, partners, or joint venturers of the other
party. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents,
employees, subconsultants, or subcontractors, except as herein set forth.
SECTION 19 NUISANCE.
19.1 Nuisance Prohibited.
Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection in the
performance of services under this Construction Contract.
SECTION 20 PERMITS AND LICENSES.
Except as otherwise provided in the Special Provisions and Technical Specifications, the Contractor shall provide, procure
and pay for all licenses, permits, and fees, required by the City or other government jurisdictions or agencies necessary
to carry out and complete the Work. Payment of all costs and expenses for such licenses, permits, and fees shall be
included in one or more Bid items. No other compensation shall be paid to the Contractor for these items or for delays
caused by non-City inspectors or conditions set forth in the licenses or permits issued by other agencies.
SECTION 21 WAIVER.
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.
SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS.
22.1 Governing Law and Venue.
This Construction 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.
Contractor shall comply with all applicable federal and California laws and city laws, including, without limitation,
ordinances and resolutions, in the performance of work under this Construction Contract.
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22.2.1 Palo Alto Minimum Wage Ordinance. Contractor shall comply with all requirements of the Palo Alto
Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any
employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a
calendar week within the geographic boundaries of the City, Contractor shall pay such employees no less than
the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the
geographic boundaries of the City of Palo Alto. In addition, Contractor shall post notices regarding the Palo Alto
Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060.
SECTION 23 COMPLETE AGREEMENT.
23.1 Integration.
This Agreement represents the entire and integrated agreement between the parties and supersedes all prior
negotiations, representations, and contracts, either written or oral. This Agreement may be amended only by a written
instrument, which is signed by the parties.
SECTION 24 SURVIVAL OF CONTRACT.
24.1 Survival of Provisions.
The provisions of the Construction Contract which by their nature survive termination or expiration of the Construction
Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s
right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any
termination or expiration of the Construction Contract.
SECTION 25 PREVAILING WAGES.
This Project is not subject to prevailing wages and related requirements. Contractor 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. Contractor is required to pay general prevailing wages as defined
in California Labor Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et
seq., as amended from time to time. Pursuant to Labor Code Section 1773, the City has obtained the general prevailing
rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or
type of worker needed to execute the contract for this Project from the State of California Department of Industrial
Relations (“DIR”). Copies of these rates may be obtained at the City’s Purchasing Department office. The general
prevailing wage rates are also available at the DIR, Division of Labor Statistics and Research, website (see e.g.
http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time to time. Contractor shall post a copy of the general
prevailing wage rates at all Project job sites and shall pay the adopted prevailing wage rates as a minimum. Contractor
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.
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SECTION 26 NON-APPROPRIATION.
26.1 Appropriations.
This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code.
This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that the City does not
appropriate funds for the following fiscal year for this event, or (b) at any time within a fiscal year in the event that funds
are only appropriated for a portion of the fiscal year and funds for this Construction Contract are no longer available.
This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
SECTION 27 AUTHORITY.
27.1 Representation of Parties.
The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do
so on behalf of their respective legal entities.
SECTION 28 COUNTERPARTS
28.1 Multiple Counterparts.
This Agreement may be signed in multiple counterparts, which, when executed by all the parties, shall together
constitute a single binding agreement.
SECTION 29 SEVERABILITY.
29.1 Severability.
In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not be affected.
SECTION 30 STATUTORY AND REGULATORY REFERENCES.
30.1 Amendments to Laws.
With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference
is deemed to be the version in effect on the date that the Contract was awarded by City, as may be amended from time
to time, unless otherwise required by law.
SECTION 31 WORKERS’ COMPENSATION CERTIFICATION.
31.1 Workers Compensation.
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, Contractor thereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured
against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions
of that code, and I will comply with such provisions before commencing the performance of the Work on
this Contract.”
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SECTION 32 DIR REGISTRATION AND OTHER REQUIREMENTS.
32.1 General Notice to Contractor.
City requires Contractor and its 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 website
(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 Contractor of the requirements of California Labor Code section 1771.1(a), which reads:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of
Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in
this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a
violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business
and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contactor is registered to
perform public work pursuant to Section 1725.5 at the time the contract is awarded.”
32.3 DIR Registration Required.
City will not accept a bid proposal from or enter into this Construction Contract with Contractor without proof that
Contractor and its 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 Contractor and its Subcontractors that Contractor is required to post all job site notices prescribed
by law or regulation and Contractor 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 Contractor and its Subcontractors to comply with the requirements of Labor Code section 1776, including
but not limited to:
32.5.1 Keep accurate payroll records, showing the name, address, social security number, work classification,
straight time and overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker, or other employee employed by, respectively, Contractor and its
Subcontractors, in connection with the Project.
32.5.2 The payroll records shall be verified as true and correct and shall be certified and made available for
inspection at all reasonable hours at the principal office of Contractor and its Subcontractors, respectively.
32.5.3 At the request of City, acting by its Project Manager, Contractor 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.
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City requests Contractor and its Subcontractors to submit the certified payroll records to the
City’s Project Manager at the end of each week during the Project.
32.5.4 If the certified payroll records are not provided as required within the 10-day period, then Contractor
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 Contractor. This provision supplements the provisions of Section 15 hereof.
32.5.5 Inform the City’s Project Manager of the location of Contractor’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.
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IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above
written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
____________________________
City Attorney or designee
APPROVED:
____________________________
Public Works Director
VANCE BROWN, INC.
Officer 1
By:___________________________
Name:________________________
Title:__________________________
Officer 2
By:____________________________
Name:_________________________
Title:__________________________
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Invitation for Bids (IFB) Package 23 Rev. July 2023
PART 5 – GENERAL CONDITIONS
CITY OF PALO ALTO
GENERAL CONDITIONS
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PART 5 – GENERAL CONDITIONS
GENERAL CONDITIONS
TABLE OF CONTENTS
ARTICLE 1 – PRELIMINARY PROVISIONS 26
1.1 DEFINITIONS .................................................................................................................................... 26
1.2 OWNERSHIP AND USE OF DOCUMENTS ......................................................................................... 32
1.3 INTERPRETATION OF CONTRACT DOCUMENTS .............................................................................. 32
ARTICLE 2 – CITY’S RIGHTS AND OBLIGATIONS 34
2.1 INFORMATION AND SERVICES PROVIDED BY CITY .......................................................................... 34
2.2 ACCESS TO PROJECT SITE ................................................................................................................ 35
2.3 CITY'S RIGHT TO STOP THE WORK ................................................................................................... 35
2.4 CITY’S RIGHT TO CARRY OUT THE WORK ........................................................................................ 35
2.5 ACCESS TO MUNICIPAL SERVICE CENTER ........................................................................................ 35
2.6 EMERGENCY TERMINATION OF CONTRACT .................................................................................... 35
ARTICLE 3 – CONTRACTOR’S RIGHTS AND OBLIGATIONS 36
3.1 REVIEW OF THE SITE, CONTRACT DOCUMENTS AND FIELD CONDITIONS ...................................... 36
3.2 SUPERVISION AND CONSTRUCTION PROCEDURES ......................................................................... 37
3.3 RESPONSIBILITY FOR THE WORK ..................................................................................................... 37
3.4 LABOR, WORKMANSHIP, MATERIALS AND MANUFACTURED ITEMS ............................................. 38
3.5 CONTRACTOR'S WARRANTY ............................................................................................................ 38
3.6 CONSTRUCTION METHODS AND PROCEDURES .............................................................................. 38
3.7 TAXES .......................................................................................................................................... …..39
3.8 LEGAL REQUIREMENTS .................................................................................................................... 39
3.9 PROJECT STAFF ................................................................................................................................ 39
3.10 SCHEDULES REQUIRED OF CONTRACTOR ....................................................................................... 40
3.11 DOCUMENTS AND SAMPLES AT PROJECT SITE ............................................................................... 42
3.12 SUBMITTALS .................................................................................................................................... 43
3.13 TRADE NAMES, SUBSTITUTIONS ..................................................................................................... 44
3.14 DAILY REPORTS BY CONTRACTOR ................................................................................................... 45
3.15 CUTTING AND PATCHING ................................................................................................................ 45
3.16 ACCESS TO THE WORK..................................................................................................................... 46
3.17 ROYALTIES AND PATENTS ................................................................................................................ 46
3.18 PERMITS AND LICENSES .................................................................................................................. 46
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PART 5 – GENERAL CONDITIONS
3.19 DIFFERING SITE CONDITIONS .......................................................................................................... 46
3.20 INSPECTIONS ................................................................................................................................... 47
3.21 STOP NOTICES ................................................................................................................................. 48
3.22 PARKING .......................................................................................................................................... 48
3.23 USE OF THE PROJECT SITE AND CLEAN UP ...................................................................................... 48
3.24 ENVIRONMENTAL CONTROLS ......................................................................................................... 49
3.25 TEMPORARY WATER, LIGHT AND POWER ...................................................................................... 55
3.26 CITY TRUCK ROUTE ORDINANCE ..................................................................................................... 55
3.27 UNFAIR BUSINESS PRACTICE CLAIMS .............................................................................................. 55
3.28 EXISTING UTILITIES .......................................................................................................................... 55
ARTICLE 4 – ADMINISTRATION OF THECONTRACT……………………………………………………………………………56
4.1 CONTRACT ADMINISTRATION BY CITY, DESIGN CONSULTANT AND
CONSTRUCTION MANAGER ………………………………………....................................................56
4.2 CLAIMS……………………………………………………………………………………………………………………...57
4.3 RESOLUTION OF CONTRACT DISPUTES…………………………………………………………………………….61
ARTICLE 5 – SUBCONTRACTORS……………………………………………………………………………………………………………………...64
5.1 CONTRACTOR'S AWARD OF SUBCONTRACTS ..................................................................... .64
5.2 SUBCONTRACTOR RELATIONS ............................................................................................. 64
5.3 CONTINGENT ASSIGNMENT OF SUBCONTRACTS ................................................................ 66
5.4 CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY…………………………………………………………..66
ARTICLE 6 – CONSTRUCTION BY CITY OR BY SEPARATE CONTRACTORS………………………………………………………...66
6.1 CITY'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS…………..66
6.2 MUTUAL RESPONSIBILITY ................................................................................................................. 67
6.3 CITY’S RIGHT TO CLEAN UP ............................................................................................................... 67
ARTICLE 7 – CHANGES…………………………………………………………………………………………………………………………………….67
7.1 CHANGES ........................................................................................................................................... 67
7.2 CHANGE ORDER REQUESTS AND CHANGE ORDERS ......................................................................... 69
7.3 FIELD ORDERS ................................................................................................................................... 73
7.4 DISPUTES REGARDING CHANGES .................................................................................................... 74
ARTICLE 8 – CONTRACT TIME …………………………………………………………………………………………………………………………74
8.1 COMMENCEMENT OF THE WORK ................................................................................................... 74
8.2 PROGRESS AND COMPLETION ........................................................................................................ 74
8.3 CONSTRUCTION HOURS .................................................................................................................. 75
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 28 Packet Pg. 54 of 196
Invitation for Bids (IFB) Package 26 Rev. July 2023
PART 5 – GENERAL CONDITIONS
8.4 HOLIDAYS ........................................................................................................................................ 75
8.5 DELAY .............................................................................................................................................. 76
ARTICLE 9 – PAYMENTS AND COMPLETION………………………………………………………………………………………………..78
9.1 SCHEDULE OF VALUES ..................................................................................................................... 78
9.2 PROGRESS PAYMENT ....................................................................................................................... 78
9.3 APPLICATION FOR PAYMENT .......................................................................................................... 79
9.4 CERTIFICATE FOR PAYMENT ............................................................................................................ 80
9.5 DEPOSIT OF SECURITIES IN LIEU OF RETENTION & DEPOSIT OF RETENTION INTO ESCROW ......... 81
9.6 BENEFICIAL OCCUPANCY ................................................................................................................. 82
9.7 SUBSTANTIAL COMPLETION ............................................................................................................ 83
9.8 FINAL COMPLETION AND FINAL RETENTION .................................................................................. 83
ARTICLE 10 – PROTECTION OF PERSONS AND PROPERTY………………………………………………………………………………85
10.1 SAFETY PRECAUTIONS AND PROGRAMS ......................................................................................... 85
10.2 SAFETY OF PERSONS AND PROPERTY .............................................................................................. 85
10.3 EMERGENCIES ................................................................................................................................. 87
10.4 TRENCH SAFETY ............................................................................................................................... 87
ARTICLE 11 – INSURANCE AND BONDS …………………………………………………………………………………………………………87
11.1 CONTRACTOR'S INSURANCE ........................................................................................................... 87
11.2 BOND REQUIREMENTS .................................................................................................................... 89
ARTICLE 12 – DEFECTIVE WORK……………………………………………………………………………………………………………………90
12.1 UNCOVERING OF WORK ......................................................................................................... 90
12.2 CORRECTION OF DEFECTIVE WORK AND GUARANTEE TO REPAIR PERIOD ........................... 90
12.3 ACCEPTANCE OF DEFECTIVE WORK ........................................................................................ 92
ARTICLE 13 – STATUTORY REQUIREMENT………………………………………………………………………………………………………92
13.1 STATE LABOR LAW .................................................................................................................. 92
13.2 WORKDAY ............................................................................................................................... 92
ARTICLE 14 – JOB SITE NOTICES AND COMPLIANCE MONITORING ………………………………………………………………93
14.1 LABOR PROVISIONS ......................................................................................................................... 93
ATTACHMENTS:
A: FIELD ORDER
B: CHANGE ORDER REQUEST
C: CONTRACT CHANGE ORDER
D. REQUEST FOR INFORMATION (for Utilities Department projects only; RFI form provided by City’s
Project Manager if required)
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 29 Packet Pg. 55 of 196
Invitation for Bids (IFB) Package 27 Rev. July 2023
PART 5 – GENERAL CONDITIONS
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 Contractor 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 Bids, which modify or interpret the Contract Documents by additions,
deletions, clarifications or corrections
1.1.3 ALLOWABLE COSTS: Actual and direct costs for performing Extra Work, including labor,
materials, supplies, and equipment, as further specified herein, in Article 7 – Changes.
1.1.4 ALLOWANCE: An amount included in the Bid for Work that may or may not be included
in the Project, or for portions of Work where the amount or scope of the Work cannot be ascertained at
the time of Bid submissions.
1.1.4 ALTERNATE(S): Those portions of the Bid setting forth the price(s) for optional or
alternative items of Work not covered by the Base Bid.
1.1.5 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, Contractor or City.
1.1.6 APPLICATION FOR PAYMENT: An itemized application for payment prepared and
submitted by Contractor for review and approval by City, which is prepared, submitted and accompanied
by supporting documentation in accordance with the requirements of the Contract Documents.
1.1.7 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.
1.1.8 AS-BUILT DOCUMENTS: The Contract Documents 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 are maintained by Contractor on the Site and delivered, along with an electronic version
of the set, to City upon Final Completion.
1.1.9 BASE BID: The sum stated in the Bid to perform the Work, exclusive of any Alternate(s).
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 30 Packet Pg. 56 of 196
Invitation for Bids (IFB) Package 28 Rev. July 2023
PART 5 – GENERAL CONDITIONS
1.1.10 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.
1.1.11 BID: A written bid proposal submitted to City for the Project in response to City’s
Invitation for Bids.
1.1.12 BIDDER: An individual or entity that submits a Bid.
1.1.13 CERTIFICATE FOR PAYMENT: The form for approval by the Construction Manager of
Contractor's Application for Payment.
1.1.14 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.
1.1.15 CHANGE ORDER: A duly authorized written instrument signed by City, or by City and
Contractor, which operates to amend the scope of Work, and which may also amend the Contract Sum or
the Contract Time.
1.1.16 CHANGE ORDER REQUEST: Contractor's written request for a Change Order.
1.1.17 CITY: City of Palo Alto, a California chartered Municipal Corporation.
1.1.18 CITY ENGINEER: City Engineer of City of Palo Alto or its designee.
1.1.19 CLAIM: A separate demand by Contractor, submitted in writing by registered or certified
mail with return receipt requested, for change in the Contract Time, including a time extension or relief
from liquidated damages, or a change in the Contract Price, which has previously been submitted to City in
accordance with the requirements of the Contract Documents, and which has been rejected or disputed by
City, in whole or in part.
1.1.20 CLIENT DEPARTMENT: Department or Division of City of Palo Alto identified as the end
user of the facilities.
1.1.21 CONSTRUCTION CONTRACT or CONTRACT: The written contract executed between City
and Contractor for construction of the Project.
1.1.22 COMPENSABLE DELAY: A Delay for which Contractor 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 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.
1.1.24 CONSTRUCTION SCHEDULE: The Approved graphical representation of Contractor’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 Final Completion of the Work
within the Contract Time.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 31 Packet Pg. 57 of 196
Invitation for Bids (IFB) Package 29 Rev. July 2023
PART 5 – GENERAL CONDITIONS
1.1.25 CONTRACT DISPUTE: A dispute arising out of or related to the Construction Contract or
the interpretation, enforcement or breach thereof, except as specified in Article 4 herein.
1.1.26 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.
1.1.27 CONTRACT DOCUMENTS: This term shall be as defined in Section 3 of the Construction
Contract.
1.1.28 CONTRACT SUM: The total amount of compensation stated in the Construction Contract
that is payable to Contractor for the performance of the Work in accordance with the Contract Documents,
including adjustments made by Change Order.
1.1.29 CONTRACT TIME: The total number of days set forth in the Construction Contract within
which Final Completion of the Work must be achieved by Contractor, including any adjustments of time
(increases or decreases) made by Change Order.
1.1.30 CONTRACTOR: The individual or firm under contract with City to serve as the General
Contractor for construction of the Project, including Contractor's authorized representative.
1.1.31 CONTRACTOR MARKUP: The markup that the Contractor 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 Contractor or Subcontractor for performing Extra Work with its own forces,
which is deemed to be full compensation for Contractor’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.
1.1.32 DAY: Whether capitalized or not, unless otherwise specifically provided, means calendar
day, including weekends and legal holidays.
1.1.33 DEFECTIVE WORK: Work by Contractor that is unsatisfactory, faulty, omitted, incomplete,
deficient or does not conform to the Applicable Code Requirements, the Contract Documents, the directives
of City or the requirements of any inspection, reference standard, test, code or approval specified in the
Contract Documents.
1.1.34 DELAY: Whether capitalized or not, includes any circumstances involving disruption,
hindrance, or interference in the performance of the Work within the Contract Time.
1.1.35 DELETED WORK: Work that is eliminated due to a Change in the Work requested by City
or Contractor for which City is entitled to a deductive adjustment in the Contract Sum.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 32 Packet Pg. 58 of 196
Invitation for Bids (IFB) Package 30 Rev. July 2023
PART 5 – GENERAL CONDITIONS
1.1.36 DESIGN CONSULTANT: The individual(s) or firm(s) under contract with City to provide
design or engineering services for the Project and responsible for preparing the Contract Documents for
the Project. The term "Design Consultant" means Design Consultant or Design Consultant's authorized
representative.
1.1.37 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 Drawings are outlined in the Drawing Index. The term “Drawings” may be
used interchangeably with "Plans."
1.1.38 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.
1.1.39 EXCUSABLE DELAY: A Delay for which Contractor may be entitled under the Contract
Documents to an extension of time, but not compensation.
1.1.40 EXISTING IMPROVEMENTS: All improvements located on the Site as of the date of
execution of the Construction Contract, whether above or below the surface of the ground, including but
not limited to existing buildings, utilities, infrastructure improvements and other facilities.
1.1.41 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 Contractor’s failure to perform any of its duties or obligations
under the Contract Documents.
1.1.42 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.
1.1.43 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.
1.1.44 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 Contractor is required to indemnify City,
and up to 150% of any amounts in dispute as authorized by Public Contract Code Section 7107.
1.1.45 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 relation
to past and/or other current Delays and to provide a method for incorporating adjustments to the Contract
Time into the Construction Schedule.
1.1.46 GENERAL CONDITIONS: That portion of the Contract Documents relating to the
administrative procedures to be followed by Contractor in carrying out the Work.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 33 Packet Pg. 59 of 196
Invitation for Bids (IFB) Package 31 Rev. July 2023
PART 5 – GENERAL CONDITIONS
1.1.47 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.
1.1.48 LOSSES: Any and all losses, costs, liabilities, Claims, damages, liquidated damages,
actions, judgments, settlements, expenses, fines and penalties. "Losses" do not include attorneys' fees.
1.1.49 NOTICE OF AWARD: Written notice issued by City notifying Contractor of issuance of the
Construction Contract.
1.1.50 NOTICE TO PROCEED: Written notice issued by City to Contractor to begin the Work. The
Notice to Proceed may also specify the date for the Pre-Construction Meeting or the date(s) for specified
pre-construction submittals.
1.1.51 PERFORMANCE BOND, PAYMENT BOND: The performance and payment bonds to be
provided by Contractor for the Project.
1.1.52 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."
1.1.53 PRE-CONSTRUCTION MEETING: A meeting held with the Project Team prior to beginning
construction in order to review Contract Documents and any required pre-construction submittals and
clarify roles, responsibilities and authority of the Project Team.
1.1.54 PROJECT: The total construction, of which the Work performed by Contractor 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.
1.1.55 PROJECT TEAM: Collectively, the Contractor, City, Design Consultant, Separate
Contractors, Construction Manager and other consultants and contractors providing professional and
technical consultation for the design and construction of the Project.
1.1.56 RECORD DOCUMENTS: The term “Record Documents” refers to the As-Built Documents,
warranties, guarantees and other documents required to be submitted by Contractor as a condition of Final
Completion.
1.1.57 REQUEST FOR INFORMATION: A written instrument, prepared by Contractor, which
requests an interpretation or clarification in the Work or a response to a question concerning the Work. A
Request for Information does not entitle Contractor to an adjustment in the Contract Sum unless it requires
Extra Work and Contractor requests and is entitled to such an adjustment in accordance with the provisions
of the Contract Documents.
1.1.58 REQUEST FOR INFORMATION RESPONSE: A written instrument, usually prepared by the
Design Consultant, provided in response to a Request for Information, setting forth an interpretation or
clarification in the Work or a response to a Contractor question concerning the Work.
1.1.59 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 Work.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 34 Packet Pg. 60 of 196
Invitation for Bids (IFB) Package 32 Rev. July 2023
PART 5 – GENERAL CONDITIONS
1.1.60 SEPARATE CONTRACTOR: A person or firm under separate contract with City or other
entity performing other Work at the Site.
1.1.61 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.
1.1.62 SPECIAL PROVISIONS AND TECHNICAL SPECIFICATIONS: The portions of the Contract
Documents consisting of the written requirements for materials, equipment, standards, skill, quality for the
Work and performance of related services. These provisions may also contain amendments, deletions or
additions to the General Conditions.
1.1.63 STATEMENT OF CONTRACT DISPUTE: The Contractor’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 Construction Contract.
1.1.64 SUBCONTRACTOR: A person or firm that has a contract with a Contractor 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.
1.1.65 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 Contractor’s indirect costs for having the Extra Work performed by the 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.
1.1.66 SUBMITTALS: All shop drawings, samples, exemplars, product data and other submittals
required to be submitted by Contractor under the Contract Documents.
1.1.67 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 Contractor has fulfilled its obligations under the Contract Documents, except for minor punchlist items
which do not impair City's ability to so occupy and utilize the Project.
1.1.68 SUPERINTENDENT: The person appointed by Contractor, subject to approval by City, to
supervise and coordinate Contractor's own forces and Subcontractors in all aspects of the Work.
1.1.69 UNEXCUSED DELAY: Any Delay in the path of activities that is critical to Final Completion
of the Work within the Contract Time and which Delay is not attributable to the City. An Unexcused Delay
shall not entitle Contractor 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.
1.1.70 WEATHER DELAY DAY: A day for which Work is scheduled as allowed by Sections 8.3 and
8.4, below, during which Contractor and its forces, including Subcontractors, are unable to safely or
effectively perform at least four hours of scheduled critical path Work based on actual (not forecast)
weather or weather-related conditions that day during normal construction hours, as specified in Section
8.3. .
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 35 Packet Pg. 61 of 196
Invitation for Bids (IFB) Package 33 Rev. July 2023
PART 5 – GENERAL CONDITIONS
1.1.71 WORK: All labor, materials, equipment, services, permits, fees, licenses and taxes, and all
other things necessary for Contractor to perform its obligations and complete the Project, including,
without limitation, any changes or additions requested by City, in accordance with the Contract Documents
and all Applicable Code Requirements.
1.1.72 WORKING DAY: As applied to a Project awarded on the basis of completion within a
specified number of working days, and only if specified in Section 5 of the IFB Summary and Section 6.3 of
the Construction Contract, a working day, whether or not capitalized, means a day during which the Work
may be performed under the terms of the Contract Documents, including, but not limited to the provisions
of Sections 8.3 and 8.4, below, but excluding Weather Delay Days.
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 Contract Documents) shall not be used by Contractor, or any
Subcontractor, for any purpose other than performance of the Work. Contractor 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 performing the Work under the Contract Documents; provided however,
that such use shall not reduce Owner’s rights to use and ownership of the documents.
1.2.2 Contractor 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 will be provided to Contractor in the
form of reproducible prints. Contractor 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 Contractor 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 words 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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 36 Packet Pg. 62 of 196
Invitation for Bids (IFB) Package 34 Rev. July 2023
PART 5 – GENERAL CONDITIONS
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 intent 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 Contractor’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 all 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, Contractor 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 Work.
1.3.10 The general character of the Work 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 Contract Documents that were bid by Contractor 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 scope of the Work to be performed 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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 37 Packet Pg. 63 of 196
Invitation for Bids (IFB) Package 35 Rev. July 2023
PART 5 – GENERAL CONDITIONS
1.3.12 Contractor will provide all necessary labor, equipment, transportation and incidentals
required to complete the Work, even if the Contract Documents do not describe the Work in complete
detail.
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 Contractor 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 Contractor has fulfilled the requirements of the Contract Documents. Such
interpretations and decisions of City shall be final and binding upon Contractor.
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 Technical Specifications,
Contractor 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 Work.
2.1.2 If Contractor becomes aware of any ambiguity, uncertainty, conflict, inconsistency,
discrepancy, omission, or error in or among the Contract Documents, Contractor must promptly submit a
Request for Information (“RFI”) requesting clarification, interpretation, or direction. A Contractor RFI will
be considered excessive or unnecessary if City determines that the explanation or response to the RFI is
clearly and unambiguously discernable from the Contract Documents. City’s costs to review and respond
to excessive or unnecessary RFIs may be deducted from payments otherwise due to Contractor.
2.1.3 A Request for Information Response providing clarification, interpretation or direction
will be final and binding on Contractor. If Contractor proceeds with the related Work before obtaining City’s
Request for Information Response, Contractor will be responsible for any resulting costs, including the cost
of correcting any incorrect or defective Work that results. Timely submission of a clear and complete RFI is
essential to avoiding delay. Delay resulting from Contractor’s failure to submit a timely and complete RFI is
not Excusable Delay. If Contractor believes that City’s response to an RFI justifies a change to the Contract
Sum or Contract Time, Contractor must perform the Work as directed, but may submit a timely Change
Order request in accordance with the Contract Documents.
2.1.4 Unless otherwise specified in the Contract Documents, including the Notice to Proceed, Contractor
must submit all required pre-construction submittals to City for review and acceptance no later than ten
days following the Execution Date set forth in the first paragraph of the Construction Contract. City will
schedule a mandatory Pre-Construction Meeting, which is a condition precedent to commencement of on
the Project. Contractor’s primary representative and Superintendent must attend the Pre-Construction
Meeting. Additional supervisory personnel and representatives of key Subcontractors may also attend the
Pre-Construction Meeting, which is intended to address matters including the scope of Work, sequencing,
and Project requirements. Contractor is solely responsible for any delay to Project commencement due to
Contractor’s failure to timely or properly submit any required pre-construction submittals as specified in
the Contract Documents, including the Notice to Proceed.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 38 Packet Pg. 64 of 196
Invitation for Bids (IFB) Package 36 Rev. July 2023
PART 5 – GENERAL CONDITIONS
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 Contractor.
2.3 CITY'S RIGHT TO STOP THE WORK
If Contractor 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 Contractor to stop the Work, or any
portion thereof, until the cause for such order has been eliminated by Contractor. Contractor 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 Contractor or any other party to exercise the right to stop the Work.
2.4 CITY’S RIGHT TO CARRY OUT THE WORK
If Contractor 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 Contractor's expense.
In such case, City shall be entitled to deduct from payments then or thereafter due Contractor 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 Contractor are not sufficient to
cover such amounts, Contractor shall pay the additional amount to City.
2.5 ACCESS TO MUNICIPAL SERVICE CENTER
For all Projects which require Contractor access to City’s Municipal Service Center (MSC), all Contractors
shall provide and all Contractor’s personnel shall at all times display, in the form of badges, identification
which shall include the Contractor’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 Contractor’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 Construction 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 Construction Contract is terminated pursuant to said section,
compensation to the Contractor shall be determined on the basis of the reasonable value of the Work done,
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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 39 Packet Pg. 65 of 196
Invitation for Bids (IFB) Package 37 Rev. July 2023
PART 5 – GENERAL CONDITIONS
ARTICLE 3 – CONTRACTOR’S RIGHTS AND OBLIGATIONS
3.1 REVIEW OF THE SITE, CONTRACT DOCUMENTS AND FIELD CONDITIONS
3.1.1 Contractor 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 available to Contractor by City.
Any failure by Contractor to take such information or conditions into consideration will not relieve
Contractor from responsibility for estimating the difficulty and cost of successfully completing the Work
within the Contract Sum and Contract Time.
3.1.2 Contractor warrants and represents that it has carefully reviewed the Bid and Contract
Documents prior to submitting its Bid and executing the Contract. The Contractor 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 Contractor or could have been reasonably
discovered by Contractor 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 Contractor discovers what it perceives to be errors, omissions, conflicts, ambiguities,
lack of coordination or noncompliance with Applicable Code Requirements in the Contract Documents, then
Contractor 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) Contractor’s request for clarification, further details or correction of the Contract
Documents.
Failure by Contractor to provide written notice within the period of time required shall result in Contractor
waiving any right to adjustment in the Contract Sum or Contract Time on account thereof.
3.1.4 If Contractor 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 Contractor shall take field measurements of the existing field conditions verified.
Contractor shall carefully compare the field conditions with the Contract Documents and other information
known to Contractor before commencing the Work. Contractor shall promptly report in writing to the
Construction Manager any errors, inconsistencies, or omissions the Contractor discovers.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 40 Packet Pg. 66 of 196
Invitation for Bids (IFB) Package 38 Rev. July 2023
PART 5 – GENERAL CONDITIONS
3.1.6 If Contractor performs any portion of the Work which it knows, or 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 Contractor shall be responsible for the resultant Losses with no adjustment in the Contract Sum or
Contract Time.
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 Contractor, 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
Contractor’s responsibility to determine and allow for the elevation of groundwater, and the geological and
soils conditions at the date of performance of the Work.
3.2 SUPERVISION AND CONSTRUCTION PROCEDURES
3.2.1 Contractor shall supervise, coordinate and direct the Work using Contractor's best skill
and attention and shall provide supervision sufficient to assure proper coordination and timely completion
of the Work. Contractor 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 Contractor 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 proceeding
with related Work.
3.2.3 Contractor may be assigned working space adjacent to the Site, and all field offices,
materials and equipment shall be kept within this area. Contractor shall be responsible for leaving the space
in as good condition as Contractor found it, or restoring it to the condition it was in prior to Contractor
commencing the Work.
3.2.4 Contractor shall be responsible to City for acts and omissions of Contractor's agents,
employees, and of Contractor’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 Contractor, when used in reference to an obligation bearing upon performance of the Work, shall be
deemed to include Contractor’s Subcontractors.
3.2.5 Contractor 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 Contractor.
3.3 RESPONSIBILITY FOR THE WORK
3.3.1 Contractor 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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 41 Packet Pg. 67 of 196
Invitation for Bids (IFB) Package 39 Rev. July 2023
PART 5 – GENERAL CONDITIONS
3.3.2 Contractor shall at all times maintain good discipline and order among its employees and
Subcontractors. Contractor shall provide competent, fully qualified personnel to perform the Work, and
shall ensure that each Subcontractor and Sub-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, Contractor 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 Contractor 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.
3.4 LABOR, WORKMANSHIP, MATERIALS AND MANUFACTURED ITEMS
Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment 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 CONTRACTOR'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, Contractor 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, Contractor shall furnish
satisfactory evidence as to the kind and quality of materials and equipment. Manufactured items installed
in the Work and not 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 Contractor shall,
without charge to City, be responsible for all damage to the materials or the Work due to Contractor's
failure to provide such proper protection.
3.6 CONSTRUCTION METHODS AND PROCEDURES
3.6.1 The methods and procedures adopted by Contractor shall be such as to secure a quality
of Work satisfactory to City and to enable completion of the Work in the time agreed upon. If at any time
such methods and procedures appear inadequate, City may order Contractor to improve the character or
increase efficiency, and Contractor shall conform to such order; but the failure of City to order such
improvement of methods or increase of efficiency will not relieve Contractor from its obligation to perform
the Work in accordance with the Contract Documents or within the Contract Time.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 42 Packet Pg. 68 of 196
Invitation for Bids (IFB) Package 40 Rev. July 2023
PART 5 – GENERAL CONDITIONS
3.6.2 If the Contract Documents give specific instructions concerning construction means,
methods, techniques, sequences or procedures, Contractor shall be fully and solely responsible for the Site
safety for implementing such means, methods, techniques, sequences or procedures. If Contractor
determines that such means, methods, techniques, sequences or procedures may not be safe, Contractor
shall give written notice to City and shall not proceed with that portion of the Work without further written
instruction by City.
3.7 TAXES
3.7.1 Contractor 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 Contractor
and Subcontractors.
3.7.2 All Contractors and Subcontractors for Construction 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. Contractor
and applicable Subcontractors shall apply for and comply with all of the conditions 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 Contractors,” as may be amended from time to time.
3.8 LEGAL REQUIREMENTS
3.8.1 Contractor 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, Contractor shall notify Construction Manager and shall not proceed with the Work until
Construction Manager provides direction to the Contractor.
3.9 PROJECT STAFF
3.9.1 Contractor shall employ a complete and competent project staff for the duration of the
Work, 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. Contractor 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, Contractor 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 Contractor 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 Contractor complies with this Paragraph. All costs or damages associated with such
termination or suspension shall be borne by Contractor, 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 Contractor and communications given to and acknowledged by the
Superintendent shall be binding on Contractor. Further, communications issued by or received from the
Superintendent shall be deemed as binding on Contractor. The Superintendent must be able to read, write
and communicate fluently in English.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 43 Packet Pg. 69 of 196
Invitation for Bids (IFB) Package 41 Rev. July 2023
PART 5 – GENERAL CONDITIONS
3.10 SCHEDULES REQUIRED OF CONTRACTOR
Unless otherwise specified in the Contract Documents, including the Notice to Proceed, Contractor 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:
.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,
which includes factoring time for reasonably foreseeable Weather Delay Days. Based on
historic rainfall records for the City, the Contractor’s schedule should assume the following
number of Weather Delay Days for each month:*
Month # Normal Weather
Delay Days
January 7
February 7
March 6
April 3
May 2
June 0
July 0
August 0
September 0
October 2
November 4
December 7
*Weather Delay Days which do not occur during a given month based on the
number of days allocated for that month (above) do not carry over to another
month.
.5 If at any time during the Work, any activity is not completed by its latest scheduled
completion date, Contractor shall notify the Construction Manager within five (5) Days of
Contractor's plans to reorganize the work force to return to the schedule and prevent
Delays on any other activity.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 44 Packet Pg. 70 of 196
Invitation for Bids (IFB) Package 42 Rev. July 2023
PART 5 – GENERAL CONDITIONS
.6 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, Contractor’s plan for placing the Work back on Schedule, at
Contractor’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 Contractor 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. Contractor 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. Contractor 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. Contractor 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 Contractor from its sole responsibility for the feasibility of the schedule and to
plan for, perform, and complete the Work within the Contract Time;
(ii) Transfer responsibility for any schedule from Contractor 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 Construction Schedules that it has
reviewed or Approved, or to inform Contractor that Contractor, Subcontractors, or others are behind
schedule, or to direct or enforce procedures for complying with the Construction Schedule, shall not relieve
Contractor 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 Contractor shall cooperate with and coordinate its Construction Schedule with work of
City and City’s Separate Contractors.
3.10.8 Adverse conditions contributing to a Weather Delay Day may include rain, saturated soil,
and site clean-up required due to adverse weather. Determination of what constitutes critical path Work
scheduled for that day will be based on the most current, City-approved schedule. Contractor must take
reasonable steps to anticipate and mitigate the consequences of Weather Delay Days, including prudent
workforce management and protecting the Project site.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 45 Packet Pg. 71 of 196
Invitation for Bids (IFB) Package 43 Rev. July 2023
PART 5 – GENERAL CONDITIONS
3.11 DOCUMENTS AND SAMPLES AT PROJECT SITE
3.11.1 Contractor 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
Contractor’s Superintendent as being complete and accurate.
3.11.2 Contractor 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 Construction Contract, these documents shall be delivered to City in the format
requested by the City.
3.11.3 It shall be the responsibility of Contractor to maintain a current and complete record of
all Changes performed during the progress of the Project 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 Contractor,
indicating in detail and dimension each variation from the original set of Contract Documents for all of the
Work. At the completion of construction, Contractor 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 Contractor, in concert with the Design Consultant and the Construction Manager, shall
review Contractor'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.
3.11.5 At Final Completion, the Contractor 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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 46 Packet Pg. 72 of 196
Invitation for Bids (IFB) Package 44 Rev. July 2023
PART 5 – GENERAL CONDITIONS
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 Contractor proposes to conform to the
information given and the design concept expressed in the Contract Documents. Prior to starting Work or
as otherwise specified in the Contract Documents, including the Notice to Proceed, Contractor 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, Contractor 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. Contractor is solely responsible for
any delay to Project commencement or to Final Completion resulting from Contractor’s failure to timely
provide required Submittals as specified.
3.12.2 All shop drawings and other Submittals shall be provided at Contractor's expense, and at
the time required by the Contract Documents or requested by the Construction Manager.
3.12.3 Contractor 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 Contractor’s approval shall 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 Contractor 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 Unless otherwise specified, and excluding samples, all Submittals shall be submitted
electronically, 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 submitted in PDF form via email to the Construction Manager at __________. . 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 Contractor 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 Contractor,
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 Contractor 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. Contractor shall allow twenty
(20) Days for review of timely and complete Submittals. Once the Submittal is returned to Contractor 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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 47 Packet Pg. 73 of 196
Invitation for Bids (IFB) Package 45 Rev. July 2023
PART 5 – GENERAL CONDITIONS
3.12.6 Contractor's Submittals represent that Contractor 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 Contractor discovers any conflicts, omissions or errors in Submittals, Contractor shall
notify the Construction Manager and receive instruction before proceeding with the affected Work.
3.12.8 Contractor 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 Contractor 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
any such deviations that are noted in writing by Contractor and as to which City, Construction Manager or
Design Consultant takes no exception or approves.
3.12.9 After review of Contractor's Submittals by City, Construction Manager or Design
Consultant, as appropriate, the Construction Manager will transmit to Contractor one set of Submittals. If
the Submittals are found to be incomplete or incorrect, Contractor shall resubmit after corrective action
has been taken. Contractor shall reimburse City, or City may withhold from payments due Contractor, 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 Contractor or caused by late Submittals by
Contractor. 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 Contractor from the responsibility for proper
fitting and construction of the Work, nor from furnished materials and Work required by the 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 dimensions 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. Contractor shall
be responsible for delivering duplicates of Submittals to all other persons whose Work is dependent
thereon.
3.12.12 Contractor 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 Contractor 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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 48 Packet Pg. 74 of 196
Invitation for Bids (IFB) Package 46 Rev. July 2023
PART 5 – GENERAL CONDITIONS
3.13.3 Substitutions by Contractor 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 Construction Contract completion time shall not be affected by any
circumstance developing from the substitution provisions of this Section.
3.14 DAILY REPORTS BY CONTRACTOR
3.14.1 At the end of each working day, Contractor 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 Contractor at the end of each working day
3.14.3 Submission of daily reports by Contractor and Subcontractors performing Work on the
Site shall be a condition precedent to Contractor's right to payment under the Contract.
3.14.4 Facts, notice or information contained in daily reports of Contractor or its Subcontractors,
whether known or not known to City or Construction Manager, shall under no circumstances be considered
evidence of compliance by Contractor with any of the specific written notice requirements of the Contract
Documents.
3.15 CUTTING AND PATCHING
3.15.1 Contractor 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 Contractor shall not endanger the Work, the Project, Existing Improvements, or adjacent
property by cutting, digging, or otherwise. Contractor shall not cut or alter the work of any Separate
Contractor without the prior written consent of City.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 49 Packet Pg. 75 of 196
Invitation for Bids (IFB) Package 47 Rev. July 2023
PART 5 – GENERAL CONDITIONS
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.
Contractor 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. Contractor shall cooperate with City and not interfere with other work being done by or on
behalf of City.
3.17 ROYALTIES AND PATENTS
Contractor shall pay all royalties and license fees required for the performance of the Work. Contractor
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 provision in the Construction Contract against Losses, liabilities, suits or Claims resulting from
Contractor's or any Subcontractor's or Sub-subcontractor’s infringement of patent rights.
3.18 PERMITS AND LICENSES
The Contractor shall comply with all provisions of any permits necessary to accomplish the Work as
presented in this Contract. Contractor 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 This provision is applicable if the Project involves digging trenches or other excavations
that extend deeper than four (4) feet below the surface. Contractor shall promptly, and before the
following conditions are disturbed, provide written notice to City if the Contractor finds any of the following
conditions:
.1 Material that Contractor 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 bidders prior to the deadline for submitting
bids.
.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.
.4 Except as otherwise provided in this Section 3.19, and as specified under law, including
Public Contract Code Section 7104, Contractor is responsible for performing the Work
subject to existing site conditions, without adjustment to the Contract Sum or Contract
Time.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 50 Packet Pg. 76 of 196
Invitation for Bids (IFB) Package 48 Rev. July 2023
PART 5 – GENERAL CONDITIONS
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
Contractor’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.
3.19.3 In the event that a dispute arises between the City and the Contractor regarding any of
the matters specified in subsection 3.19.1, above, Contractor 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. Contractor shall retain any and all rights provided either by the Contract or by law
which pertain to the resolution of disputes between Contractor 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, Contractor shall notify City in writing three
(3) Days in advance of the permanent concealment of any materials or Work.
3.20.2 Whenever Contractor desires to carry on the Work of this Construction 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, Contractor 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 Friday 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 Contractor at its expense. Contractor 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, Contractor 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, Contractor 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
Contractor 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 Contractor’s sole expense.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 51 Packet Pg. 77 of 196
Invitation for Bids (IFB) Package 49 Rev. July 2023
PART 5 – GENERAL CONDITIONS
3.20.6 When Contractor believes it has achieved either Substantial or Final Completion of the
Work, Contractor 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.
3.21 STOP NOTICES
Contractor 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 Contractor
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 under the Contract Documents and applicable law, including, without limitation, the right
to withhold funds from sums due to Contractor. Contractor shall timely notify City of Contractor's receipt
of any stop notice or other third-party claim, valid or invalid, relating to the Contract Documents.
3.22 PARKING
Contractor 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 any 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 Contractor shall confine operations at the Site to areas permitted by Applicable Code
Requirements and the Contract Documents. Contractor 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 Contractor 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 Contractor
or any Subcontractors. Contractor shall continuously and daily remove all excess dirt, waste material, water
and rubbish caused by Contractor 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 Contractor 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
Documents.
3.23.4 Upon Final Completion of the Work, Contractor 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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 52 Packet Pg. 78 of 196
Invitation for Bids (IFB) Package 50 Rev. July 2023
PART 5 – GENERAL CONDITIONS
3.23.6 Construction materials shall be neatly stacked by Contractor when not in use. Loose
materials, whether on the Site or in transit, shall be covered to prevent dust. Contractor 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.
3.23.8 Contractor 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 Contractor 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. Contractor 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
sewer lining projects, Contractor 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]). Contractor
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. Contractor shall comply with all air pollution control rules,
regulations, ordinances and statutes which apply to any work performed pursuant 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 disposed
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 Contractor 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. Contractor 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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 53 Packet Pg. 79 of 196
Invitation for Bids (IFB) Package 51 Rev. July 2023
PART 5 – GENERAL CONDITIONS
.3 Off-Gassing. Contractor 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
limitation: composite wood products, plastics, waterproofing, insulation, fireproofing,
caulking, acoustical ceilings, resilient flooring and wood preservatives.
.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
Contractor’s expense. The Site shall be ventilated with fresh outside air during and
immediately after the noxious activity.
.5 Exhaust. Contractor 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 Contractor to minimize dust generation. Contractor
shall never grind TWW and shall be properly dispose TWW at a permitted TWW disposal
facility. If Contractor size-reduces the TWW then Contractor 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 Contractor 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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 54 Packet Pg. 80 of 196
Invitation for Bids (IFB) Package 52 Rev. July 2023
PART 5 – GENERAL CONDITIONS
3.24.2 WATER POLLUTION CONTROL.
.1 Contractor 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 uncontaminated 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 Contractor 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. Contractor shall determine which methods are most effective
in achieving control of water pollution as a result of Contractor's operations. Contractor
shall coordinate water pollution control work with all other Work performed by
Contractor and Separate Contractors.
.3 Before starting any Work on the Project, Contractor 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 Construction Contract and for all storm water pollution control
measures which Contractor 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. Contractor 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. Contractor 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 Contractor for failure to accept all or any portion of any
originally submitted or revised SWPPP, or for any Delays to the Work due to
Contractor's failure to submit an acceptable SWPPP. Contractor assumes sole
responsibility for all costs associated with treatment of storm water polluted as a result
of Contractor’s Site activities, whether treatment is initiated by Contractor or City.
.5 Contractor may request the Construction Manager to waive the requirement for
submission of a written SWPPP when the nature of Contractor's operation is such that
pollutant discharge or soil erosion is not likely to occur. Waiver of this requirement will
not relieve Contractor 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 Contractor'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, Contractor's operation shall be so
scheduled that permanent erosion control features will be installed concurrently with or
immediately following grading operations.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 55 Packet Pg. 81 of 196
Invitation for Bids (IFB) Package 53 Rev. July 2023
PART 5 – GENERAL CONDITIONS
.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.
3.24.3 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 material 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.
3.24.4 STORM WATER POLLUTION PREVENTION DURING ROADWORK. To avoid storm water
pollution, Contractor 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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 56 Packet Pg. 82 of 196
Invitation for Bids (IFB) Package 54 Rev. July 2023
PART 5 – GENERAL CONDITIONS
3.24.5 STORMWATER POLLUTION. To avoid stormwater pollution, Contractor 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.
.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.
3.24.6 DRAINAGE CONTROL. Contractor 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
constructed 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 Contractor'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.
3.24.7 DUST CONTROL. As elsewhere provided herein, the Contractor 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 Contractor 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 Contractor 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.
3.24.8 SPECIAL HAZARDOUS SUBSTANCES AND PROCESSES. Contractor 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 (CalOSHA 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. Contractor 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 material is transported. Contractor 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,
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 57 Packet Pg. 83 of 196
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PART 5 – GENERAL CONDITIONS
asbestos removal, contaminated soil removal, lead paint removal or other contamination abatement
projects, Contractor shall develop a hazardous materials management plan (HMMP). The HMMP shall
contain sufficient information that shall demonstrate how the Contractor will remove, secure and store,
transport to a permitted disposal facility. Contractor 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 Contractor will keep hazardous materials secure from public
contact;
• Monitoring and inspection program;
• Inventory of emergency equipment onsite;
• Transportation Plan includes how the Contractor plans to package and transport the
hazardous wastes;
• Disposal facility name and location;
• Any other information that would reasonably describe Contractor hazardous waste
removal, storage and disposal plans.
City has the sole right to reject the hazardous waste transporter and/or disposal facility from
Contractor’s consideration.
Hazardous wastes that are generated from Contractor’s activities while completing the project (i.e.
equipment maintenance fluids, empty oil or solvent drums, etc. shall be the sole responsibility of the
Contractor 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.
3.24.09 ENVIRONMENTAL PURCHASING POLICY. The Contractor 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.
3.24.10 ZERO WASTE REQUIREMENTS. The Contractor shall comply with waste reduction,
reuse, recycling and disposal requirements of the City’s Zero Waste Program. Zero Waste best practices
include first minimizing and reducing waste; second, reusing waste and third, recycling or composting
waste. In particular, Contractor shall comply with the following zero waste requirements:
• All printed materials provided by Contractor to City generated from a personal computer
and printer including but not limited to, proposals, quotes, invoices, reports, and public
education materials, shall be double-sided and printed on a minimum of 30% or greater
post-consumer content paper, unless otherwise approved by 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 Contractor 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 Contractor, at no additional cost
to the City, for reuse or recycling. Contractor shall provide documentation from the
facility accepting the pallets to verify that pallets are not being disposed.
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PART 5 – GENERAL CONDITIONS
3.24.11 SOUND CONTROL.
.1 Contractor 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 Contractor 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 Contractor. 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.
.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 Contractor, at its expense, from City. Contractor is to contact
the Construction Manager for a phone number and contact person. In no case may Contractor 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 Contractor. Contractor shall
purchase power from the City, at Contractor’s expense.
3.26 CITY TRUCK ROUTE ORDINANCE
The Contractor 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
Contractor 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 Contractor, without further
acknowledgment by the parties. Contractor 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 Contractor shall be responsible
for notifying Underground Services Alert (USA) 800-642-2444 at least five (5) days prior to beginning
underground work so that existing utilities can be marked in the field. The Contractor is responsible for the
location of all utilities, both public and private. Contractor shall give specific address for grinding or
excavation location. Each location shall be marked by the Contractor in the field with white paint.
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PART 5 – GENERAL CONDITIONS
3.28.2 The Contractor shall acknowledge that the marking of underground utilities is only
approximate, and shall take all necessary precautions to avoid damaging these utilities.
3.28.3 All Underground Services Alert marking shall be removed by the Contractor. 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 Contractor's expense.
3.28.4 If the Contractor comes into contact with any existing utilities during its operations, the
Contractor 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,
Contractor discovers utility facilities not identified by City in the Contract Documents, Contractor shall
immediately provide written notice to City and the utility. City assumes responsibility for the timely
removal, relocation, or protection of existing main or trunkline utility facilities located on the Project site,
if such utilities are not identified in the Contract Documents. Contractor shall be compensated in
accordance with the provisions of the Contract Documents for the costs of locating, repairing damage not
due to Contractor’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. Contractor 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.
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
Contractor 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 expediting communications
between City, Design Consultant and Contractor.
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 Contractor.
4.1.5 Unless otherwise provided in the Contract Documents or when direct communications
have been specifically authorized, communications between Contractor and City or Design Consultant shall
be in writing through Construction Manager. Communications by Contractor or Subcontractors and with
Separate Contractors shall be through the Construction Manager. Contractor shall not rely on oral or other
non-written communications.
4.1.6 Based on the Construction Manager’s Site visits and evaluations of Contractor's
Applications For Payment, the Construction Manager will review and recommend to City for City approval
the amounts, if any, due Contractor.
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PART 5 – GENERAL CONDITIONS
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 Contractor 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 Contractor; and
.4 Make recommendations to City for issuance of Final Payment upon Contractor's
compliance with the requirements of the Contract Documents.
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 Contractor. Such decisions by City will be final and binding
upon Contractor.
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 Contractor has previously submitted such
demand(s) in a Change Order Request.
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Item 4: Staff Report Pg. 61 Packet Pg. 87 of 196
Invitation for Bids (IFB) Package 59 Rev. July 2023
PART 5 – GENERAL CONDITIONS
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 received by the City Clerk’s office within twenty-one (21) Days following the date that City notified
Contractor 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 Contractor.
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
.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 Contractor and any Subcontractor involved
in the Claim, to the effect that the error, omission, conflict or ambiguity was not
discovered prior to submission of the Bid, and (ii) if not discovered, a sworn
statement demonstrating that the error, omission, conflict or ambiguity could
not have been discovered by Contractor, 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 Bid.
.5 If the Claim involves a request for adjustment of the Contract Time, written
documentation demonstrating that Contractor has complied with the requirements of
the Contract Documents pertaining to proving the right to an extension of time and
demonstrating that Contractor is entitled to an extension of time under the Contract
Documents.
.6 A written certification signed by a responsible managing officer of Contractor’s
organization, who has the authority to sign subcontracts and purchase orders on behalf
of Contractor and who has personally investigated and confirmed the truth and accuracy
of the matters set forth in such certification, in the following form:
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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 Contractor’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) Contractor 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) Contractor 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 Contractor 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 Contractor and/or such Subcontractor were in fact suffered in the
amounts and for the reasons alleged in the Claim; and,
(iv) Contractor 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 Contractor and by
any Subcontractor involved in the Claim) and confirmed on an event-by-event basis that
the delays or disruption suffered by Contractor 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) Contractor has not received payment from City for, nor has Contractor
previously released City from, any portion of the Claim; and
(vi) Contractor understands that submission of a Claim which has no basis
in fact or which Contractor knows to be false may violate the False Claims Act
(Government Code Section 12650 et seq.).
Signature: ___________________________
Name: ______________________________
Title: _______________________________
Company: ___________________________
Date: _______________________________
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PART 5 – GENERAL CONDITIONS
4.2.6 Strict Compliance Required. No Claim may be asserted unless Contractor has strictly
complied with the requirements of Section 4.2 of these General Conditions, which shall be considered
conditions precedent to Contractor’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, Contractor shall not delay, slow 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 Contractor 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 Contractor 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.
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 Contractor disputes City’s response, or if City fails to respond within
the prescribed time set forth above, Contractor 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 Contractor fails to dispute City’s response within the specified time, Contractor’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.
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PART 5 – GENERAL CONDITIONS
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, consistent 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
Contractor.
(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, Contractor 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 Contractor 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 Contractor, and Contractor 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
Contract Dispute Resolution Process set forth in this Section 4.3, which shall be the exclusive recourse of
Contractor 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 Contractor 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 Contractor;
(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.
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PART 5 – GENERAL CONDITIONS
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 Contractor.
Contractors may commence the Contract Dispute Resolution Process upon conclusion of
the Claims process set forth in Section 4.2 above. Contractor shall submit a written
Statement of Contract Dispute (as set forth below) to City within thirty (30) Days after
conclusion of the meet and confer process or mediation, as applicable, set forth in Section
4.2. Failure by Contractor 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. Contractor’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
Contractor. 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 good
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.
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PART 5 – GENERAL CONDITIONS
4.3.4 Direct Negotiations. Designated representatives of City and Contractor 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 Contractor that is in turn being asserted by Contractor 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.
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, 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. Contractor 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. Contractor shall include this provision in its
contracts with its Subcontractors who provide any portion of the Work.
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PART 5 – GENERAL CONDITIONS
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 Contractor that are the basis of a Contract Dispute were previously
waived by Contractor due to Contractor’s failure to comply with the Contract Documents, including, without
limitation, Contractor’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.
ARTICLE 5 – SUBCONTRACTORS
5.1 CONTRACTOR'S AWARD OF SUBCONTRACTS
5.1.1 Contractor shall comply with the Subletting and Subcontracting Fair Practices Act, Public
Contract Code Sections 4100 through 4114. Nothing herein shall be deemed to entitle Contractor, without
the written approval of City, to substitute other Subcontractors for those named in Contractor's List of
Subcontractors contained in the completed Bid; and, except with such approval, no such substitution shall
be made. Should Contractor violate any of the provisions of the Subletting and Subcontracting Fair Practices
Act, such violation shall be deemed a violation of the Construction Contract, entitling City, without
limitation to any other rights or remedies under the law, to suspend or terminate the Construction 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 Contractor 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 Contractor who shall
reimburse City for such costs. If not paid separately, such reimbursement may be deducted from
any money due and owing to Contractor.
5.2 SUBCONTRACTOR RELATIONS
5.2.1 Prior to the execution of each subcontract agreement, Contractor shall make available to
each proposed Subcontractor, copies of the Contract Documents. Contractor must incorporate the terms
of these Contract Documents into each subcontract, so that each Subcontractor will be bound by the terms
of these Contract Documents, including, but not limited to, the provisions for dispute resolution. Within
thirty (30) Days of the Notice To Proceed, Contractor 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 Contractor 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 Contractor all the obligations and responsibilities which Contractor
assumes towards City by the Contract Documents.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 68 Packet Pg. 94 of 196
Invitation for Bids (IFB) Package 66 Rev. July 2023
PART 5 – GENERAL CONDITIONS
(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 Contractor 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.
(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 Contractor 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 Owner to purchase, in its sole discretion, such
insurance pursuant to an Owner Controlled Insurance or other form of wrap-up program.
(ix) Provide the same defense indemnification of the City as is required of the Contractor.
(x) Agree to participate in the dispute resolution procedures specified in the Construction
Contract, at the election of City.
5.2.3 Contractor 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 contractual 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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 69 Packet Pg. 95 of 196
Invitation for Bids (IFB) Package 67 Rev. July 2023
PART 5 – GENERAL CONDITIONS
5.2.5 City and the Construction Manager shall have the right to communicate with Contractor’s
Subcontractors with respect to matters that are related to Contractor’s performance of its obligations under
the Contract Documents. Contractor 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.
5.3 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
In the event of any suspension or termination of the Construction Contract, Contractor is hereby deemed
to have offered to assign to City all its interest in contracts with Subcontractors now or hereafter entered
into by Contractor 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 Contractor's rights under the Contract
Documents. Such assignment is part of the consideration to City for entering into the Contract with
Contractor and may not be withdrawn prior to Final Completion.
5.4 CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY
Contractor shall be responsible to City for acts and omissions of Contractor's agents, employees, and of
Contractor’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 Contractor, when
used in reference to an obligation bearing upon performance of the Work, shall be deemed to include
Contractor’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. Contractor 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 Contractor. Contractor shall participate with City and Separate Contractors in
joint review of construction schedules and Project requirements when directed to do so. Contractor 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 Contractor, in the event that Contractor fails to have
personnel on Site 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 Contractor, to provide such supervision
on a temporary basis. Contractor 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 Construction Contract against any Losses arising therefrom. City shall have the
right, in its discretion, to deduct from the sums owing to Contractor the reasonable cost of such temporary
supervision.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 70 Packet Pg. 96 of 196
Invitation for Bids (IFB) Package 68 Rev. July 2023
PART 5 – GENERAL CONDITIONS
6.2 MUTUAL RESPONSIBILITY
6.2.1 Contractor shall be responsible for affording Separate Contractors reasonable
opportunity for introduction and storage of their materials and equipment and performance of their
activities. Contractor shall schedule and coordinate its construction and operations with the construction
and operations of Separate Contractors as required by the Contract Documents.
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, Contractor shall inspect such other construction or
operations before proceeding with its portion of the Work. Contractor shall promptly report to City
apparent discrepancies or defects which render the other construction or operations unsuitable to receive
the Contractor’s Work. Unless otherwise directed by City, Contractor shall not proceed with the portion of
the Work affected until apparent discrepancies or defects have been corrected. Failure of Contractor 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 Contractor or
the Separate Contractors, the costs of such occurrences shall be borne by the party responsible therefor.
6.2.4 If Contractor wrongfully causes damage to completed or partially completed construction
or to property of City or Separate Contractors, Contractor 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 Contractor and a Separate
Contractor, these occurrences shall be subject to the provisions of Section 4.2 and 4.3 of the General
Conditions. Contractor shall immediately notify the Construction Manager in writing of such occurrences.
6.3 CITY’S RIGHT TO CLEAN UP
If a dispute arises between Contractor 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 Contractor’s sureties, order Changes in the
Work without invalidating the Construction Contract and without relieving Contractor’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 Contractor to complete the Work earlier than the Contract Time.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 71 Packet Pg. 97 of 196
Invitation for Bids (IFB) Package 69 Rev. July 2023
PART 5 – GENERAL CONDITIONS
7.1.3 Unless such rights have been waived and provided that Contractor 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, Contractor 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).
7.1.4 Contractor 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 Owner 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 Contractor 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
Contractor 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 Contractor to claim that the Construction Contract has been rescinded,
terminated, abandoned or should be reformed nor shall such circumstances be the basis for Contractor, 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 Contractor. Contractor shall
carry out such written orders promptly.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 72 Packet Pg. 98 of 196
Invitation for Bids (IFB) Package 70 Rev. July 2023
PART 5 – GENERAL CONDITIONS
7.2 CHANGE ORDER REQUESTS AND CHANGE ORDERS
7.2.1 Contractor 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, Contractor 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 Contractor 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 responses 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 Contract 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 Contractor, 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 Contractor, 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 applicable 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 Contractor’s additional costs based on the
difference between Contractor’s total actual Project or line item costs and its original bid estimate for the
Project or any original bid estimate line item.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 73 Packet Pg. 99 of 196
Invitation for Bids (IFB) Package 71 Rev. July 2023
PART 5 – GENERAL CONDITIONS
7.2.3 Changes involving Extra Work that City elects to have performed on a time and material
basis, whether performed by Contractor'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 Contractor or any of its Subcontractors,
Contractor shall submit on a daily basis to the Construction Manager daily time and material tickets which
include the identification 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 Contractor to provide any required authentication shall, if City elects to treat it as such, constitute
a waiver by Contractor 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.
.1 Minimum Shi� Payment. This provision applies for each day that (1) the �me during
which the Extra Work is performed is less than a full day’s work based on normal working hours for the
Project, and (2) an applicable DIR wage determina�on would result in the Contractor or any of its
Subcontractors having to pay a worker assigned Extra Work for more �me than spent actually performing
the Extra Work. Under those circumstances, once the Extra Work has been completed for the day, the
worker will be reassigned to perform other Work for the dura�on of the shi� that day unless the City
reassignment is imprac�cal.
7.2.4 Allowable Costs include and are limited to the sum of direct, actual costs necessarily
incurred by Contractor 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 Contractor establishes the necessity for such additional costs.
Labor costs for equipment operators and helpers shall be payable under this Paragraph
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 Contractor, 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 Contractor 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
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 74 Packet Pg. 100 of 196
Invitation for Bids (IFB) Package 72 Rev. July 2023
PART 5 – GENERAL CONDITIONS
tools that have a replacement value of $500 or less. When the equipment is owned by
Contractor, 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 rental 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 all incidentals. If equipment is used
intermittently, when not in use it shall be returned to its rental source unless Contractor
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 the Contractor 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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 75 Packet Pg. 101 of 196
Invitation for Bids (IFB) Package 73 Rev. July 2023
PART 5 – GENERAL CONDITIONS
(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.
(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 Contractor or Subcontractor actually incurred to perform the Extra Work with its own
forces. Subcontractor Markup by Contractor 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, Contractor must generate and maintain complete and accurate cost accounting records 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 Delay. Such adjustments in the
Contract Sum shall be Contractor’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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 76 Packet Pg. 102 of 196
Invitation for Bids (IFB) Package 74 Rev. July 2023
PART 5 – GENERAL CONDITIONS
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 Bid for Work that may
or may not be included in the Project, depending on conditions that will not become known until after Bid
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 increased 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.
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 Contractor 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 Contractor 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 unknown 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, currency fluctuations, changes in taxes or
other related Claims, costs or damages. Change Orders shall be executed by Contractor within ten (10) days
after issuance by City, in the form approved by the City Council or its authorized designee, and without any
express reservation of rights by Contractor to reserve for the future the right to assert or recover from City
any such Claims, costs or damages.
7.2.12 If Contractor refuses or fails to timely execute a Change Order, upon receipt of
Contractor’s written refusal or if Contractor fails to execute the Change Order within ten (10) days following
issuance, the City may unilaterally approve the Change Order to increase the Contract Sum and/or to extend
the Contract Time. Contractor 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 Contractor 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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 77 Packet Pg. 103 of 196
Invitation for Bids (IFB) Package 75 Rev. July 2023
PART 5 – GENERAL CONDITIONS
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, Contractor shall sign the Field Order to acknowledge receipt
of the Field Order and, within a reasonable time, proceed with the Work described in the Field Order.
Contractor’s signature acknowledging receipt of the Field Order will not operate to impair Contractor’s right
to dispute the Field Order as set forth herein. If Contractor disputes the proposed basis or amount of
adjustment 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 Contractor 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.
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 Contractor from the obligation to
proceed with performance of the Work, including, without limitation, performance of Work directed by a
Field Order or as modified by a Change Order, promptly and expeditiously. Contractor shall not delay, slow,
interrupt, or suspend the performance of any Work or any Change because of a dispute between the
parties, including, but not limited to, disputes pertaining to an adjustment in the Contract Sum or Contract
Time. If Contractor disputes the rejection of any Change Order Request in whole or in part, Contractor’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 Work shall begin on the date specified in the Notice to Proceed.
8.2 PROGRESS AND COMPLETION
8.2.1 Contractor agrees that the Contract Time is reasonable for performing the Work and that
Contractor 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 Contractor
to finish the Project earlier than the Contract Time and under no circumstances shall City
be liable to Contractor for any costs, damages or compensation due to the inability of
Contractor to complete the Work earlier than the Contract Time, regardless of the cause,
including, without limitation, acts or omissions (intentional or negligent) of City.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 78 Packet Pg. 104 of 196
Invitation for Bids (IFB) Package 76 Rev. July 2023
PART 5 – GENERAL CONDITIONS
.2 Contractor has included in its Bid price the costs of all Contractor and Subcontractor
overhead (direct and indirect) for the entire duration of the Contract Time. The above
costs are included in Contractor’s Bid notwithstanding Contractor'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 Contractor
completes the Work before expiration of the Contract Time.
.4 No reduction in the Contract Sum shall be made nor will Contractor be required to remain
on the Project Site if the Work 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. Contractor and/or Contractor's designee shall be present at each meeting.
Contractor may also be required to request attendance by representatives of Contractor’s
suppliers, manufacturers and Subcontractors.
8.2.2 Except by agreement or instruction of City in writing, Contractor shall not commence
operations on the Site or elsewhere prior to the effective date of insurance required by Article 11 to be
furnished by Contractor. Contractor’s obligations to commence the Work and to complete the Work within
the Contract Time shall not be changed by the effective date of such insurance.
8.2.3 Contractor shall proceed expeditiously with adequate forces and shall achieve Final
Completion within the Contract Time. If City determines and notifies Contractor that Contractor’s progress
is such that Contractor will not complete the Work within the Contract Time, Contractor 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, Contractor shall immediately respond in writing
setting forth a detailed plan for accelerating the Work in a manner acceptable to City. Contractor 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. Contractor shall reimburse City, or City may withhold from payment due to
Contractor, sums expended by City to perform such measures.
8.2.4. During unfavorable weather, wet ground or other unsuitable construction conditions,
Contractor 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
Contractor to perform the Work in a proper and satisfactory manner.
8.3 CONSTRUCTION HOURS
Based on the Citywide noise ordinance and normal City business hours, Contractor is limited to performing
the Work during an eight-hour period between the hours of 8:00 AM to 6:00 PM Monday through Friday,
excluding holidays as set forth in Section 8.4 below, unless otherwise specified in the Special Provisions or
authorized by Change Order. A Change Order Request to work beyond the authorized working hours will
not be approved unless Contractor agrees to be solely responsible for any and all additional costs, including
overtime payments for workers or for City staff or consultants, inspection costs, and additional traffic
control costs.
8.4 HOLIDAYS
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 79 Packet Pg. 105 of 196
Invitation for Bids (IFB) Package 77 Rev. July 2023
PART 5 – GENERAL CONDITIONS
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.
8.5 DELAY
8.5.1 Contractor 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 Contractor's right to an extension of Time adjusting the
Contract Time and the Contract Sum for Compensable Delay, Contractor must provide written notice to City
within ten (10) Days of the date that Contractor learned of the Delay 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 Contractor
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 Work, 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, Contractor’s failure to provide
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 80 Packet Pg. 106 of 196
Invitation for Bids (IFB) Package 78 Rev. July 2023
PART 5 – GENERAL CONDITIONS
written notice in the manner required by this Paragraph 8.5.2 shall constitute Contractor’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.
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 Work.
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 Contractor or its Subcontractors, such as, but not limited to: war,
embargoes, fire, unavoidable casualties, unusual delays in transportation, 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 Contractor or any Subcontractor,
shall not be deemed conditions beyond Contractor's control or foreseeability. Contractor may claim an
Excusable Delay only if it is unable to perform at least four (4) hours of scheduled critical path Work during
a normal eight (8) hour work day., even with reasonable mitigation measures..
8.5.7.1 Excusable Delay does not include Delay caused by rainfall which is normal for
that month in the City as specified in Section 3.10.3.4.
8.5.7.2 Excusable Delay does not include Delay caused by Contractor’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 Contractor’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
Contractor could have ascertained from reasonably diligent inspection of the Site and/or
review of the Contract Documents.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 81 Packet Pg. 107 of 196
Invitation for Bids (IFB) Package 79 Rev. July 2023
PART 5 – GENERAL CONDITIONS
8.5.8 Compensable Delay means any Excusable Delay to the path of activities that is critical to
Contractor’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;
(ii) Not due, in whole or in part, to the fault or negligence or breach of Contractor 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 overhead 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, Contractor 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 Schedule of Values shall itemize as separate line items the cost of each
scheduled Work 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 Work requested on Contractor's Applications For Payment. Contractor
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 Contractor'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 Notice Inviting Bids, whichever is greater, as retention to ensure
full and complete performance of the Work. Subject to City’s right of withholding under Paragraph 9.4.2 of
these General Conditions, City agrees to pay to Contractor 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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 82 Packet Pg. 108 of 196
Invitation for Bids (IFB) Package 80 Rev. July 2023
PART 5 – GENERAL CONDITIONS
9.2.2 At any Time after fifty percent (50%) of the Work 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 materials 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 Work
and shall not be a waiver of any or all rights City has under the Contract Documents.
9.3 APPLICATION FOR PAYMENT
9.3.1 At the end of each month, Contractor shall submit to City an itemized Application for
Payment, requesting payment for Work 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 Contractor'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 Contractor 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 Contractor will make to Subcontractors covered by
such application.
(ii) Conditional waivers and releases of claims and stop notices from Contractor 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 Contractor 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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 83 Packet Pg. 109 of 196
Invitation for Bids (IFB) Package 81 Rev. July 2023
PART 5 – GENERAL CONDITIONS
9.3.4 Contractor warrants that, upon submittal of an Application for Payment, all Work 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 Contractor or
Subcontractors or other persons or firms entitled to make claims by reason of having provided labor,
materials or equipment relating to the Work.
9.3.6 At the sole discretion of City, the Construction Manager may approve for inclusion in
Contractor’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, Contractor shall furnish evidence satisfactory to City:
(i) Of the cost of such materials.
(ii) That such materials are under the exclusive control of Contractor, 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 Contractor of its continuing and sole responsibility for the care and protection
of such materials nor shall it relieve Contractor 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
Contractor 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
Contractor by means of direct payment to Subcontractors of any unpaid work performed by any
Subcontractor or by joint payment to Contractor 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
relationship between City and any Subcontractor and shall not relieve Contractor of any of its obligations
under the Contract Documents.
9.3.8 If the Contract Sum includes an Allowance from the Bid and the cost of performing the
Work 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 Contractor or City arising from the acts or omissions of
Contractor, or Subcontractors.
(iii) Stop notices.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 84 Packet Pg. 110 of 196
Invitation for Bids (IFB) Package 82 Rev. July 2023
PART 5 – GENERAL CONDITIONS
(iv) Failure of Contractor to make timely payments due Subcontractors for material or labor.
(v) A reasonable doubt that the Work can be completed for the balance of the Contract Sum
then unpaid.
(vi) Damage to City or Separate Contractor for which Contractor is responsible.
(vii) Reasonable evidence that the Work will not be completed within the Contract Time.
(viii) Failure of Contractor to maintain and update As-Built or Record Documents.
(ix) Failure of Contractor to timely submit Construction Schedules, reports, Submittals or their
updates as required by the Contract Documents.
(x) Performance of Work by Contractor without Approved Submittals.
(xi) Liquidated or actual damages assessed in accordance with the Construction Contract.
(xii) Any other failure of Contractor 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 shall pay Contractor 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 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
Contractor 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 Contractor, and the
Contractor'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 Contractor, 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 Contractor with a state or federally
chartered bank in the State of California ("Escrow Agent"), which shall hold such securities 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. Contractor 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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 85 Packet Pg. 111 of 196
Invitation for Bids (IFB) Package 83 Rev. July 2023
PART 5 – GENERAL CONDITIONS
9.5.2 Alternatively to Paragraph 9.5.1 of these General Conditions, and at the request and
expense of Contractor, City shall deposit retention directly with the Escrow Agent. Contractor 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
Contractor.
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 Contractor, City, and the Escrow Agent of an Escrow
Contract for Deposit of Securities in Lieu of Retention and Deposit of Retention in the form specified by
Public Contract Code section 22300, subject to review and approval as to form by the City, or, if applicable,
using a form provided by the 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 Contractor shall be made upon receipt by
Escrow Agent of written notification by City that the Contractor 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 Contractor, 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.
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 Contractor. 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 Contractor as Acceptance by City
of that portion of the Work which is to be occupied. City may, however, at its sole
option, relieve Contractor 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 Contractor 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 Contractor while the equipment is so
operated. Contractor 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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 86 Packet Pg. 112 of 196
Invitation for Bids (IFB) Package 84 Rev. July 2023
PART 5 – GENERAL CONDITIONS
.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 Contractor 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 Contractor's remaining Work.
.10 Contractor 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 Contractor shall continue to maintain all insurance required by the Contract in full force
and effect.
9.7 SUBSTANTIAL COMPLETION
9.7.1 When Contractor 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 Contractor a comprehensive list of items, if any, to be completed or corrected before
establishing Substantial Completion. Contractor 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 Contractor to complete
all Work 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, Contractor shall, before City’s issuance of the Certificate of Substantial Completion,
complete or correct such item. Contractor shall then submit a request for another inspection by City to
determine 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 Contractor 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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 87 Packet Pg. 113 of 196
Invitation for Bids (IFB) Package 85 Rev. July 2023
PART 5 – GENERAL CONDITIONS
9.8 FINAL COMPLETION AND FINAL PAYMENT
9.8.1 Upon receipt of notice from Contractor 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 Work under this Construction Contract is
authorized, the Contractor shall have completed the Work in accordance with the Contract Documents and
all applicable standards of care and the following requirements of the Contract Documents must be fulfilled
by Contractor:
(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.
(ii) Completion and delivery by Contractor to City of all required written guarantees,
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 pursuant
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 Contractor 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 Contractor 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 Contractor, whichever occurs first. Acceptance of Final Payment by
Contractor shall constitute a complete waiver of all Claims, except those previously made in writing and
identified by Contractor as unsettled at the time of the Application for Final Payment.
9.8.4 Contractor 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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 88 Packet Pg. 114 of 196
Invitation for Bids (IFB) Package 86 Rev. July 2023
PART 5 – GENERAL CONDITIONS
ARTICLE 10 – PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAMS
10.1.1 Contractor 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
Construction 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, Contractor shall submit to Construction Manager a copy
of Contractor'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.
(vi) Fire prevention and control.
(vii) Report forms.
(viii) Employee safety manual.
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 The Contractor 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, Contractor 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 Contractor's responsibility shall be continuous and
not be limited to working hours or days, and shall not cease until formal acceptance of the work by the City
except that if the City should make partial acceptance of the work, the Contractor's responsibility for the
portion of the work so accepted shall thereupon cease, except for latent errors in the work or faulty
construction.
10.2.3 The duty of the Construction Manager, its agents, or employees, to conduct construction
review of the Contractor's performance and operations is not intended to, and does not include review of
or responsibility for the adequacy of the Contractor's safety measures and procedures in, on, or adjacent
to the site of the Work.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 89 Packet Pg. 115 of 196
Invitation for Bids (IFB) Package 87 Rev. July 2023
PART 5 – GENERAL CONDITIONS
10.2.4 Contractor shall protect persons and property on the Site at all times. Contractor shall
have available at the Site copies or suitable extracts of "Construction Safety Orders" and "General Industrial
Safety Orders" issued by the California Division of Industrial Safety. Contractor shall comply with provisions
of these and all other applicable laws, ordinances, and regulations.
10.2.5 Contractor shall immediately respond to notice from City of unsafe conditions, shall 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 Contractor or Subcontractors.
(iii) Other property at the Site and adjoining property(ies).
10.2.6 Contractor 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
Contractor or its Subcontractors or anyone for whose acts they may be liable and for which Contractor is
responsible.
10.2.7 Contractor 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, Contractor shall exercise the utmost care and carry on such activities
only under the supervision of properly qualified personnel.
10.2.9 Contractor shall be required to provide at the Site a member of Contractor'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. Contractor shall notify City in writing if
Contractor replaces the person responsible for safety.
10.2.10 Contractor 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 Contractor 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 Contractor 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 Contractor shall not permit the possession or use of alcohol or controlled 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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 90 Packet Pg. 116 of 196
Invitation for Bids (IFB) Package 88 Rev. July 2023
PART 5 – GENERAL CONDITIONS
10.3 EMERGENCIES
In an emergency affecting the safety of persons or property, Contractor shall immediately act to prevent or
minimize damage, injury or loss. Contractor 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 Contractor'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 bid cost of excavation is in excess of $25,000, the Contractor shall submit to
and receive from the City of Palo Alto, or its designee, the acceptance of a detailed plan showing design of
shoring, 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 Contractor 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 Contractor 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, bidder shall include as a bid item, 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.
ARTICLE 11 – INSURANCE AND BONDS
11.1 CONTRACTOR'S INSURANCE
11.1.1 Contractors to the City, at their 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
AGGREGATE
YES
YES EMPLOYER’S LIABILITY STATUTORY
YES PERSONAL INJURY, BROAD
FORM PROPERTY DAMAGE
BLANKET CONTRACTUAL, AND
FIRE LEGAL LIABILITY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
$1,000,000
$1,000,000
$1,000,000
$1,000,000
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 91 Packet Pg. 117 of 196
Invitation for Bids (IFB) Package 89 Rev. July 2023
PART 5 – GENERAL CONDITIONS
YES AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON-OWNED
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE
(WHEN APPLICABLE), AND
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND
EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY
RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR
AND ITS SUBCONTRACTORS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S
LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS,
OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S
AGREEMENT TO INDEMNIFY CITY.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT
THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569
III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS:
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE
AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH
ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE
POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST
ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT
INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE
NON-PAYMENT OF PREMIUM, THE CONTRACTOR SHALL PROVIDE CITY AT LEAST A THIRTY (30)
DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF
PREMIUM, THE CONTRACTOR SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE
BEFORE THE EFFECTIVE DATE OF CANCELLATION.
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
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 92 Packet Pg. 118 of 196
Invitation for Bids (IFB) Package 90 Rev. July 2023
PART 5 – GENERAL CONDITIONS
OR
HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP
11.1.2 Contractor 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 Subcontractors: Contractor shall include all Subcontractors and as insureds under its
policies, or shall furnish separate certificates and endorsements for each Subcontractor in compliance with
this Article. All coverages for Subcontractors shall be subject to all of the requirements stated herein.
11.1.4 At the request of City, Contractor shall submit to City copies of the policies obtained by
Contractor. In the event Contractor 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
Contractor 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.
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, Contractor shall file with City good and sufficient Labor and Material Payment and
Performance Bonds each in the amount of 100% of the Contract Sum. The bonds shall be in substantially
the same form as contained in this IFB Packet or such other form as required by City and shall be signed by
both Contractor 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 Contractor
for Work performed shall be made or due until Contractor 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 Contractor
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 Contractor’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 Contractor’s warranty and indemnity obligations.
11.2.3 Contractor 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 Contractor 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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 93 Packet Pg. 119 of 196
Invitation for Bids (IFB) Package 91 Rev. July 2023
PART 5 – GENERAL CONDITIONS
11.2.5 The premiums for all Bonds are included in the Contract Sum and shall be paid by
Contractor.
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 Contractor 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 Contractor’s
sureties with respect to matters that are related to Contractor’s performance of its obligations under the
Contract Documents. Contractor 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.
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 Contractor'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 Contractor. 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, Contractor 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
Contractor 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.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 94 Packet Pg. 120 of 196
Invitation for Bids (IFB) Package 92 Rev. July 2023
PART 5 – GENERAL CONDITIONS
(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 Contractor 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, and Contractor 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. Contractor shall diligently and continuously prosecute such
correction to completion. Contractor 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. Contractor 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.
Contractor 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 Contractor. If Contractor cannot be contacted or does not comply
with City's 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 Contractor. Such action by City will not relieve Contractor of the guarantees provided in this Article
or elsewhere in the Construction Contract. Contractor 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 Contractor 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 Contractor
nor accepted by City.
12.2.5 If Contractor 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 Contractor's expense.
12.2.6 If Contractor 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. Contractor
shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which Contractor
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 Contractor is liable to City, the Contract Sum shall be reduced by such
deficiency. If there are no remaining payments due Contractor or the remaining payments are insufficient
to cover such deficiency, Contractor shall promptly pay the difference to City.
12.2.7 Contractor'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 Contractor under the Contract Documents.
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 95 Packet Pg. 121 of 196
Invitation for Bids (IFB) Package 93 Rev. July 2023
PART 5 – GENERAL CONDITIONS
Enforcement of Contractor's express warranties and guarantees to repair contained in the Contract
Documents shall be in addition 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 Contractor under the
Contract Documents, which may be longer specified periods. Establishment of the Guarantee To Repair
Period relates only to the specific obligation of Contractor to correct the Work and in no way limits either
Contractor's liability for Defective Work or the time within which proceedings may be commenced to
enforce Contractor'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 Contractor, 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
Contractor 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 Contractor, or if the remaining payments and
retention are insufficient to cover the amount of the reduction of the Contract Sum, Contractor shall
promptly pay to City the amount of any such deficiency.
ARTICLE 13 – STATUTORY REQUIREMENT
13.1 STATE LABOR LAW
Contractor, 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. Contractor 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.
Contractor shall forfeit to City, as a penalty, twenty-five dollars ($25.00) for each worker employed in the
execution of this Construction Contract by Contractor, 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. Contractor 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
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 96 Packet Pg. 122 of 196
Invitation for Bids (IFB) Package 94 Rev. July 2023
PART 5 – GENERAL CONDITIONS
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 this IFB and the Construction Contract, is a public
works project, the contractor is required to post all job site notices prescribed by law or regulation, and the
contractor is subject to compliance monitoring and enforcement by the Department of Industrial Relations
(DIR).
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 97 Packet Pg. 123 of 196
Invitation for Bids (IFB) Package 95 Rev. May 2023
PART 6 – FIELD ORDER, CHANGE ORDER REQUEST, CHANGE ORDER
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 Contractor to proceed
with the Work described below. Upon receipt of this Field Order, Contractor shall execute the Field Order to acknowledge receipt
and, within a reasonable time, proceed with the Work described in the Field Order. Contractor’s acknowledgment of the Field
Order will not operate to impair its rights to dispute the Field Order as specified in the General Conditions. Unless otherwise
stated below, this Field Order shall not be construed as an acknowledgment by City that the Work described constitutes a Change
or Extra Work. If Contractor 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 Contractor 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, and 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: __/__/____
Contractor'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 Contractor 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 Contractor and return to City. Indicate
N/A if not applicable.
Consultant Approval:
Title: Senior Project Manager
Date:
2. Project Manager signature required for Field Orders.
City Approval:
Title: Project Manager
$5,000. Indicate N/A if not applicable.
City Approval:________________________
Title: Engineering Manager of Department/Division
Date:________________________________
$15,000.
City Approval:
Title: Assistant Director of Department/Division
$25,000.
City Approval
Title: Director of Department
Date:_______________________________
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 98 Packet Pg. 124 of 196
Invitation for Bids (IFB) Package 96 Rev. May 2023
PART 6 – FIELD ORDER, CHANGE ORDER REQUEST, CHANGE ORDER
Contractor Signature:
Title: Project Manager
Date:
Distribution: [] Contractor [] Division Head [] File
[] Consultant [] Project Manager
[] Inspector
Item 4
Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 99 Packet Pg. 125 of 196
Invitation for Bids (IFB) Package 97 Rev. May 2023
PART 6 – FIELD ORDER, CHANGE ORDER REQUEST, CHANGE ORDER
CHANGE ORDER REQUEST
CITY OF PALO ALTO
DEPARTMENT OF PUBLIC WORKS
________________Project
Contract Change Order Request
Project Title: Project No.:
Contract Number: Date:
Contractor: 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
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Brown, Inc.
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Invitation for Bids (IFB) Package 98 Rev. May 2023
PART 6 – FIELD ORDER, CHANGE ORDER REQUEST, CHANGE ORDER
Contract Change Order Request – continued
Line (Reference General Conditions, e.g. Sections 1 and 7.2, for Allowable Costs and Added Credit
All lines shall be filled in (zero values acceptable)
CONTRACTOR’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.
8. Subtotal for Contractor’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. Extra Work performed by Subcontractor’s forces, not to exceed ten percent (10%) of
16. Subcontractor Markup (Section 1.1.65 of General Conditions) by Contractor 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)
1 Attach additional copies of this page as required to summarize additional subcontracts.
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Invitation for Bids (IFB) Package 99 Rev. May 2023
PART 6 – FIELD ORDER, CHANGE ORDER REQUEST, CHANGE ORDER
Contract Change Order Request – continued
CONTRACTOR CERTIFICATION: By signing below, the undersigned Contractor certifies under penalty
of perjury that its statements and representations in this Change Order Request are true and correct.
Contractor warrants that this Change Order Request is comprehensive and complete with respect to the
Change in the Work 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. Contractor understands that
submission of claims which have no basis in fact or which Contractor knows to be false may violate the
False Claims Act, as set forth in Government Code Sections 12650 et seq.
Submitted by Contractor:
Signature:
By:
Title:
Date:
Construction Manager Recommendation
By:
Title:
Date:
Recommendation:
City Approval – Division Head – Signature required on all Change Order Requests
By:
Title:
Date:
Design Consultant Recommendation
By:
Title:
Date:
Recommendation:
By:
Title:
Date:
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Invitation for Bids (IFB) Package 100 Rev. May 2023
PART 6 – FIELD ORDER, CHANGE ORDER REQUEST, CHANGE ORDER
CONTRACT CHANGE ORDER
CITY OF PALO ALTO
DEPARTMENT OF PUBLIC WORKS
_____________________________ Project
Contract Change Order #
Project Title: Project No.:
Contract Number: Date:
Contractor: 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
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:
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Invitation for Bids (IFB) Package 101 Rev. May 2023
PART 6 – FIELD ORDER, CHANGE ORDER REQUEST, CHANGE ORDER
Contract Change Order – continued
CONTRACTOR CERTIFICATION: By signing below, Contractor 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 covered by this Change Order, as more fully set forth in Article 7 of the Contract General Conditions.
FAILURE TO EXECUTE: If Contractor fails to execute this Change Order within ten (10) days after it has been submitted for Contractor’s signature
or refuses, in writing, to execute the Change Order, the City may unilaterally approve this Change Order as set forth in Article 7 of the Contract
General Conditions. Contractor 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
Contractor 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 Contractor: Accepted for City of Palo Alto:
By: By:
Title: Title:
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
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Brown, Inc.
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Invitation for Bids (IFB) Package 102 Rev. May 2023
PART 6 – FIELD ORDER, CHANGE ORDER REQUEST, CHANGE ORDER
Document Preparation
By:
Title:
Date:
City Approval – Division Head
Signature required on all Change Orders
By :
Title :
Date:
City Approval – Department Head
Signature required when any individual Change Order exceeds $10,000
By:
Title:
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.
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Attachment A - Contract
C24187741A with Vance
Brown, Inc.
Item 4: Staff Report Pg. 105 Packet Pg. 131 of 196
Invitation for Bids (IFB) Package 103 Rev. July 2023
PART 7 – SPECIAL PROVISIONS
SPECIAL PROVISIONS
IFB NO. 187741
Lytton Plaza Fountain Renovation
NONE
END OF SECTION
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: City Auditor
Meeting Date: August 21, 2023
Report #:2308-1897
TITLE
Approval of Office of City Auditor FY2024 Task Orders; CEQA Status - Not a project
RECOMMENDATION
The City Auditor and the Policy & Services Committee recommend that the City Council approve
the following Task Orders:
1) FY24-Task 01 – Citywide Risk Assessment
2) FY24-Task 02 – Annual Audit Plan
3) FY24-Task 03 – External Financial Auditor
4) FY24-Task 05 – Various Reporting & City Hotline
5) FY24-Task 06 – Evaluation and Benchmarking
BACKGROUND
The City Auditor presented the attached FY2024 Task Orders consisting of five task orders listed
above during the Policy & Services Committee meeting on August 8, 2023, where the task
orders were approved as follows:
MOTION: Council Member Veenker moved, seconded by Council Member Lauing to
recommend City Council approve FY24-Task 01 – Citywide Risk Assessment, FY24-Task
02 – Annual Audit Plan, FY24-Task 03 – External Financial Auditor, FY24-Task 05 –
Various Reporting & City Hotline, FY24-Task 06 – Evaluation and Benchmarking.
MOTION PASSED: 3-0
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ANALYSIS
In accordance with our agreement with the City1 including Amendment No. 1 to the contract2,
Baker Tilly is required to conduct recurring activities each year. Those recurring activities
including the following tasks outlined in our agreement:
•Task 1: Citywide Risk Assessment
•Task 2: Preparation of Annual Audit Plan
•Task 3: Assist with Selection of a Financial Auditor and Assist in Managing the Financial
Audit
•Task 5: Various Tasks including periodic reporting, fraud/waste/abuse hotline, office
administrative functions
•Task 6: Evaluation and Benchmarking
The Office of the City Auditor (OCA) received approval from the Policy & Services Committee of
the Tasks Orders that correspond to the Tasks outlined above and recommends these task
orders to the City Council for approval. The Task Orders provide the contractual authority to
begin this work in Fiscal Year 2024. An excerpt from the contract outlining these tasks is below
for ease of reference.
Task 1 “Beginning with year 1 and continuing at a minimum every other year
thereafter, prepare a citywide risk assessment following the same review and approval
requirements described in Task 2. The risk assessment process will be the primary determinant
of subsequent audit activity.”
Task 2 “Prepare an annual audit plan for review by the City Manager and appropriate City
Council committee(s), and approval by the City Council, that identifies preliminary objectives of
each audit to be performed, the schedule for each audit, and the estimated not to exceed
resources and costs for each audit. The City Auditor shall consult with the City Attorney as
necessary when developing audit plans. The annual audit plan will be largely based on the risk
assessment required in Task 1.”
Task 3 “Selection of External Financial Auditor and Annual Audit Coordination: Coordinate the
annual external financial audit in each year of the contract term. Pursuant to the City Charter,
the City Auditor shall oversee the selection process for the annual external financial auditor.”
1 September 28, 2020: Baker Tilly Contract Approval - https://www.cityofpaloalto.org/files/assets/public/agendas-
minutes-reports/reports/city-manager-reports-cmrs/year-archive/2020-2/id-11624.pdf?t=64761.15
2 May 9, 2022: Baker Tilly Contract Amendment No. 1 Approval -
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council-
agendas-minutes/2022/20220509/20220509pccsmamended-linked.pdf
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Task 5 “Preparation of Quarterly Reports, Annual Status Report, Provision of City Hotline, and
Other Ongoing Office Administrative Functions:
This task provides for authorization of travel during the full 2024 fiscal year assuming a trip
every other month (total of 6 trips). Although the contract stipulated an on site presence every
two weeks by the Office of the City Auditor, leveraging remote work efficiencies and ensuring
economical use of contract authority and funds, this task order revises that frequency. Baker
Tilly will use discretion to ensure travel is used to minimize travel expenses and maximize
effectiveness of time on site, ultimately ensuring alignment with audit work schedules and
Council and Committee activities.
Additionally, the current contract, Amendment NO.13, includes the budget schedule for FY
2023, FY 2024, and FY 2025 that shows a budget amount of $60,000 each year for Task 5. The
main activities related to this task have been meetings with management and City Council
members and preparing staff reports for City Council and Committee meetings. However, Baker
Tilly needs to perform other activities normally performed by the Internal Audit function,
namely, engagement project management and annual audit plan monitoring. Therefore, the
Maximum Compensation Amount in the proposed task order for Task 5 is $90,000 that includes
a $30,000 transfer from the Task 4 (Execute Annual Audit Plan) budget amount of $582,250
shown in the current contract.
Task 6 “Undergo a peer evaluation following the guidelines of the Association of Local
Government Auditors every two years (i.e., at the end of the initial contract term, then every
other year thereafter throughout the contract term), or as required by the City Council, so that
3 May 9, 2022: Baker Tilly Contract Amendment No. 1 Approval -
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council-
agendas-minutes/2022/20220509/20220509pccsmamended-linked.pdf
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performance of the internal audit function can be objectively assessed.
Prepare a cost per audit analysis following the first completed fiscal year, to be submitted at the
beginning of the second fiscal year and every year thereafter throughout the contract term, that
includes benchmark agencies determined by the CITY, and obtain independent third-party
certification of data accuracy.
The cost per audit analysis will be used to evaluate the cost effectiveness of services provided by
the CONSULTANT. This evaluation will be incorporated into ongoing performance assessments
as required and will help ensure that fees for service provision throughout the duration of the
Agreement are objectively determined and mutually agreed upon.
This evaluation and report from the peer evaluator will be presented to the Policy and Services
Committee and City Council in alignment with typical audit reporting activities.”
The current contract, Amendment NO.1, includes the budget schedule that shows Task 6
budget amounts of $21,000, $6,000, and $21,000 for FY 2023, FY 2024, and FY 2025,
respectively. In preparation for and support of a peer evaluation in FY 2024, the Maximum
Compensation Amount in the proposed task order for Task 6 is $24,000 that includes a $18,000
transfer from the Task 4 (Execute Annual Audit Plan) budget amount of $582,250 shown in the
current contract.
As a result of transfers to Task 5 and Task 6, the remaining Task 4 (Execute Annual Audit Plan)
budget amount is to be adjusted to $534,250 for which an audit plan will be presented to the
Policy and Services Committee and City Council in coming months. The table below
summarizing two budget amount transfers from Task 4 to Task 5 and Task 6 shows the net
effect on the total contract value is $0.
FISCAL/RESOURCE IMPACT
Work recommended in these tasks is within both the approved scope and compensation of the
contract with Baker Tilly and funding levels approved in the FY 2024 Adopted Operating Budget
for the Office of the City Auditor.
F
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T $$$
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STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
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PROFESSIONAL SERVICES TASK ORDER
TASK ORDER FY24-01 Citywide Risk Assessment
Consultant shall perform the Services detailed below in accordance with all the terms and conditions of the
Agreement referenced in Item 1A below. All exhibits referenced in Item 8 below are incorporated into this
Task Order by this reference. The Consultant shall furnish the necessary facilities, professional, technical
and supporting personnel required by this Task Order as described below.
CONTRACT NO. C21179340
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): C21179340
1B. TASK O RDER NO.: FY24-01
2. CONSULTANT NAME: Baker Tilly US, LLP
3. PERIOD OF PERFORMANCE: START: November 1, 2023 COMPLETION: June 30, 2024
4 TOTAL TASK ORDER PRICE: $35,000
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT: TBD
5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:
Greg Tanaka, Chair of the City Council’s Policy and Services Committee
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
SERVICES AND DELIVERABLES TO BE PROVIDED
SCHEDULE OF PERFORMANCE
MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)
REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): N/A
I hereby authorize the performance of the
work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME: ______________________
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
Item 5
Attachment A - TASK
ORDER FY24-01 Citywide
Risk Assessment
Item 5: Staff Report Pg. 6 Packet Pg. 138 of 196
Attachment A
DESCRIPTION OF SCOPE OF SERVICES
Introduction
Attachment A, the Description of Scope of Services, contains the following four (4) elements:
Services and Deliverables To Be Provided
Schedule of Performance
Maximum Compensation Amount and Rate Schedule (As Applicable)
Reimbursable Expenses, if any (With “Not To Exceed” Amount)
Services & Deliverables
Baker Tilly’s approach to conducting the Citywide Risk Assessment involves four (4) primary
steps:
Step 1: Project Planning & Management
Step 2: Information Gathering
Step 3: Analysis
Step 4: Reporting
Step 1 – Project Planning & Management
This step includes those tasks necessary to solidify mutual understanding of the risk
assessment scope, objectives, deliverables, and timing as well as ensuring that appropriate
client and consultant resources are available and well-coordinated. Tasks include:
Finalize project design – The first project activities will be to:
o Identify communication channels and reporting relationships and
responsibilities of project staff
o Review and confirm project timelines
o Review and confirm deliverables
Arrange logistics/administrative support – Matters to be addressed include schedules
for interviews and data collection, contact persons in the departments, any other
logistical matters, etc.
Conduct kick-off meeting with key project stakeholders
Step 2 – Information Gathering
This step involves gathering information, through various means, that will enable the project
team to understand the various risks facing the City. Tasks include:
Request and review background information – the project team will develop an
information request(s) in order to obtain various background information from the
City. The request will include, but not be limited to:
Item 5
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ORDER FY24-01 Citywide
Risk Assessment
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o Strategic plan(s)
o Financial reports, including the most recent City Budget and Comprehensive
Annual Financial Report (CAFR)
o Operational policies and procedures
o Municipal code
o Consulting reports
o Other relevant information and reports
Conduct interviews with City Council and management
o Risk assessment interviews, aimed at understanding City functions and
identifying risks, will be conducted with City Council members as well as
department and division
Conduct a risk assessment survey, if necessary
Conduct research into key risks in order to identify relevant information to assess
risks
Overall, the project team will consider the risk categories including:
Strategic
Financial
Technology
Human Capital
Operational
Reputational
Economic
Compliance
Step 3 – Risk Analysis
In Step 3, the project team will develop a risk assessment consisting of auditable areas (also
referred to as an audit or risk universe). The risk assessment will be prepared in
consideration of the following risks types:
Environment, Strategy, and Governance – risks that have an organization wide impact
and are not subject to a specific department or function (e.g., ethics)
Significant Projects and Initiatives – risks associated with large projects (e.g., capital
projects, technology implementation) or City initiatives (e.g., employee engagement
initiative).
Function Specific Risks – risks associated with a specific department or function
(e.g., procurement policy compliance)
The project team will assess the likelihood and impact of potential adverse events in order to
quantitatively score each auditable area for purposes of prioritizing audit activities.
Step 4 – Reporting
In Step 4, the project team will finalize the draft Risk Matrix and prepare a draft Risk
Assessment Report. The project team will ask for input (general completeness, risk scoring)
on the Risk Matrix from key project stakeholders. Upon finalization of the Risk Matrix, the
project team will finalize the Risk Assessment Report.
Item 5
Attachment A - TASK
ORDER FY24-01 Citywide
Risk Assessment
Item 5: Staff Report Pg. 8 Packet Pg. 140 of 196
Deliverables:
The following deliverables will be prepared as part of this engagement:
Risk Assessment Report
Presentation of Results to City Council (note that this may be combined with
presentation of the Task 2 Annual Audit Plan)
Schedule of Performance
Anticipated Start Date: November 1, 2023
Anticipated End Date: June 30, 2024
Maximum Compensation Amount and Rate Schedule
The not-to-exceed maximum, inclusive of reimbursable expenses (as summarized below) for this
Task is $35,000. The not-to-exceed budget is based on an estimate of 200 total project hours, of
which 20 are estimated to be completed by the City Auditor.
Reimbursable Expenses
We plan to complete all work remote including all interviews and documentation review. If at
any point the City and Baker Tilly mutually determine it will be beneficial to perform a portion
of the work on-site, we will submit an estimate of our reimbursable expenses for the City’s
approval prior to traveling to Palo Alto.
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Attachment A - TASK
ORDER FY24-01 Citywide
Risk Assessment
Item 5: Staff Report Pg. 9 Packet Pg. 141 of 196
PROFESSIONAL SERVICES TASK ORDER
TASK ORDER FY24-02 Annual Audit Plan
Consultant shall perform the Services detailed below in accordance with all the terms and conditions of the
Agreement referenced in Item 1A below. All exhibits referenced in Item 8 below are incorporated into this
Task Order by this reference. The Consultant shall furnish the necessary facilities, professional, technical
and supporting personnel required by this Task Order as described below.
CONTRACT NO. C21179340
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): C21179340
1B. TASK O RDER NO.: FY24-02
2. CONSULTANT NAME: Baker Tilly US, LLP
3. PERIOD OF PERFORMANCE: START: November 1, 2023 COMPLETION: June 30, 2024
4 TOTAL TASK ORDER PRICE: $10,500
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT: TBD
5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:
Greg Tanaka, Chair of the City Council’s Policy and Services Committee
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
SERVICES AND DELIVERABLES TO BE PROVIDED
SCHEDULE OF PERFORMANCE
MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)
REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): N/A
I hereby authorize the performance of the
work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME: ______________________
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
Item 5
Attachment B - TASK
ORDER FY24-02 Annual
Audit Plan
Item 5: Staff Report Pg. 10 Packet Pg. 142 of 196
Attachment A
DESCRIPTION OF SCOPE OF SERVICES
Introduction
Attachment A, the Description of Scope of Services, contains the following four (4) elements:
Services and Deliverables To Be Provided
Schedule of Performance
Maximum Compensation Amount and Rate Schedule (As Applicable)
Reimbursable Expenses, if any (With “Not To Exceed” Amount)
Services & Deliverables
Baker Tilly’s approach to preparing the Annual Audit Plan involves two (2) primary steps:
Step 1: Consultation with City Council and Management
Step 2: Reporting
Step 1 – Consultation with City Council and Management
The Risk Matrix and Risk Assessment Report will serve as the primary drivers of the Annual
Audit Plan. The project team will initiate discussions over Risk Assessment results, potential
audit activities, and audit coverage with City Council and Management. The purpose of those
conversations will be to understand the priorities of City Council, and to develop a Draft
Annual Audit Plan:
The Draft Annual Audit Plan will identify the following components for each audit activity:
Audit activity type – audit or consulting activity
Audit objectives and scope
Anticipated budget – both in terms of hours and budget
Anticipated timeline
Step 2 – Reporting
The project team will present the Draft Annual Audit Plan to the City Council in order to
obtain input on each potential audit activity. Upon refining the plan, the project team will
finalize the Annual Audit Plan for presentation to City Council.
Deliverables
The following deliverable will be prepared as part of this engagement:
Annual Audit Plan
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Attachment B - TASK
ORDER FY24-02 Annual
Audit Plan
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Schedule of Performance
Anticipated Start Date: November 1, 2023
Anticipated End Date: June 30, 2024
Maximum Compensation Amount and Rate Schedule
The not-to-exceed maximum, inclusive of reimbursable expenses (as summarized below) for this
Task is $10,500. The not-to-exceed budget is based on an estimate of 50 total project hours, of
which 10 are estimated to be completed by the City Auditor.
Reimbursable Expenses
We plan to complete all work remote including all interviews and documentation review. If at
any point the City and Baker Tilly mutually determine it will be beneficial to perform a portion
of the work on-site, we will submit an estimate of our reimbursable expenses for the City’s
approval prior to traveling to Palo Alto.
Item 5
Attachment B - TASK
ORDER FY24-02 Annual
Audit Plan
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PROFESSIONAL SERVICES TASK ORDER
TASK ORDER FY24-03 External Financial Auditor
Consultant shall perform the Services detailed below in accordance with all the terms and conditions of the
Agreement referenced in Item 1A below. All exhibits referenced in Item 8 below are incorporated into this
Task Order by this reference. The Consultant shall furnish the necessary facilities, professional, technical
and supporting personnel required by this Task Order as described below.
CONTRACT NO. C21179340
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): C21179340
1B. TASK O RDER NO.: FY24-03
2. CONSULTANT NAME: Baker Tilly US, LLP
3. PERIOD OF PERFORMANCE: START: July 1, 2023 COMPLETION: June 30, 2024
4 TOTAL TASK ORDER PRICE: $15,000
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT TBD
5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:
Greg Tanaka, Chair of the City Council’s Policy and Services Committee
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
SERVICES AND DELIVERABLES TO BE PROVIDED
SCHEDULE OF PERFORMANCE
MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)
REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): N/A
I hereby authorize the performance of the
work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME: ______________________
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
Item 5
Attachment C - TASK
ORDER FY24-03 External
Financial Auditor
Item 5: Staff Report Pg. 13 Packet Pg. 145 of 196
Attachment A
DESCRIPTION OF SCOPE OF SERVICES
Introduction
Attachment A, the Description of Scope of Services, contains the following four (4) elements:
Services and Deliverables To Be Provided
Schedule of Performance
Maximum Compensation Amount and Rate Schedule (As Applicable)
Reimbursable Expenses, if any (With “Not To Exceed” Amount)
Services & Deliverables
Baker Tilly’s approach to the Office of the City Auditor’s role on the financial audit involves one
(1) primary step in FY23:
Step 1: Assistance in Managing the Financial Audit
Step 1 – Role in Managing the Financial Audit
In FY23, the project team will assist in managing the financial audit and presenting financial
audit results to the Finance Committee and to the City Council, in accordance with municipal
code.
Deliverables:
Legislative documents will be prepared to present the financial statements and reports
prepared by an external auditor to the Finance Committee
Schedule of Performance
Anticipated Start Date: July 1, 2023
Anticipated End Date: June 30, 2024
Maximum Compensation Amount and Rate Schedule
The not-to-exceed maximum, inclusive of reimbursable expenses (as summarized below) for this
Task is $15,000. The not-to-exceed budget is based on an estimate of 40 total project hours, of
which 40 are estimated to be completed by the City Auditor.
Item 5
Attachment C - TASK
ORDER FY24-03 External
Financial Auditor
Item 5: Staff Report Pg. 14 Packet Pg. 146 of 196
Reimbursable Expenses
Baker Tilly anticipates planning one on-site fieldwork week. Given this possibility, Baker Tilly
could incur reimbursable expenses for this Task.
The not-to-exceed maximum for reimbursable expenses for this Task is $3,250.
The following summarizes anticipated reimbursable expenses:
Round-trip Airfare – $1,000
Ground Transportation (car rental or Uber/taxi) - $400
Hotel accommodation - $1,500 (4 nights)
Food and incidentals – $350
Item 5
Attachment C - TASK
ORDER FY24-03 External
Financial Auditor
Item 5: Staff Report Pg. 15 Packet Pg. 147 of 196
PROFESSIONAL SERVICES TASK ORDER
TASK ORDER FY24-05 Various Reporting & City Hotline
Consultant shall perform the Services detailed below in accordance with all the terms and conditions of the
Agreement referenced in Item 1A below. All exhibits referenced in Item 8 below are incorporated into this
Task Order by this reference. The Consultant shall furnish the necessary facilities, professional, technical
and supporting personnel required by this Task Order as described below.
CONTRACT NO. C21179340
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): C21179340
1B. TASK O RDER NO.: FY24-05
2. CONSULTANT NAME: Baker Tilly US, LLP
3. PERIOD OF PERFORMANCE: START: July 1, 2023 COMPLETION: June 30, 2024
4 TOTAL TASK ORDER PRICE: $90,000
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT TBD
5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:
Greg Tanaka, Chair of the City Council’s Policy and Services Committee
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
SERVICES AND DELIVERABLES TO BE PROVIDED
SCHEDULE OF PERFORMANCE
MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)
REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): N/A
I hereby authorize the performance of the
work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME: ______________________
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
Item 5
Attachment D - TASK
ORDER FY24-05 Various
Reporting City Hotline
Item 5: Staff Report Pg. 16 Packet Pg. 148 of 196
Attachment A
DESCRIPTION OF SCOPE OF SERVICES
Introduction
Attachment A, the Description of Scope of Services, contains the following four (4) elements:
Services and Deliverables To Be Provided
Schedule of Performance
Maximum Compensation Amount and Rate Schedule (As Applicable)
Reimbursable Expenses, if any (With “Not To Exceed” Amount)
Services & Deliverables
Baker Tilly will provide the following services in Task 5:
Quarterly Reports
Annual Status Report
Provision of the City Hotline
Office Administrative Functions
Deliverables:
The following deliverable will be prepared as part of this engagement:
Quarterly Reports (4 in FY24)
Annual Status Report
Schedule of Performance
Anticipated Start Date: July 1, 2023
Anticipated End Date: June 30, 2024
Maximum Compensation Amount and Rate Schedule
The not-to-exceed maximum, inclusive of reimbursable expenses (as summarized below) for this
Task is $90,000. The not-to-exceed budget is based on an estimate of 300 total project hours, of
which 170 are estimated to be completed by the City Auditor.
Reimbursable Expenses
The City Auditor anticipates a trip every other month (total of 6 trips). Given this possibility,
Baker Tilly could incur reimbursable expenses for this Task.
The not-to-exceed maximum for reimbursable expenses for this Task is $19,500.
Item 5
Attachment D - TASK
ORDER FY24-05 Various
Reporting City Hotline
Item 5: Staff Report Pg. 17 Packet Pg. 149 of 196
The following summarizes anticipated reimbursable expenses:
Round-trip Airfare – $6,000 (6 round trip flights)
Ground Transportation (car rental or Uber/taxi) - $2,400
Hotel accommodation - $9,000 (24 nights)
Food and incidentals – $2,100
Item 5
Attachment D - TASK
ORDER FY24-05 Various
Reporting City Hotline
Item 5: Staff Report Pg. 18 Packet Pg. 150 of 196
PROFESSIONAL SERVICES TASK ORDER
TASK ORDER FY24-06 Evaluation and Benchmarking
Consultant shall perform the Services detailed below in accordance with all the terms and conditions of the
Agreement referenced in Item 1A below. All exhibits referenced in Item 8 below are incorporated into this
Task Order by this reference. The Consultant shall furnish the necessary facilities, professional, technical
and supporting personnel required by this Task Order as described below.
CONTRACT NO. C21179340
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): C21179340
1B. TASK O RDER NO.: FY24-06
2. CONSULTANT NAME: Baker Tilly US, LLP
3. PERIOD OF PERFORMANCE: START: July 1, 2023 COMPLETION: June 30, 2024
4 TOTAL TASK ORDER PRICE: $24,000
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT TBD
5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:
Greg Tanaka, Chair of the City Council’s Policy and Services Committee
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
SERVICES AND DELIVERABLES TO BE PROVIDED
SCHEDULE OF PERFORMANCE
MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)
REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): N/A
I hereby authorize the performance of the
work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME: ______________________
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
Item 5
Attachment E - TASK
ORDER FY24-06
Evaluation and
Benchmarking
Item 5: Staff Report Pg. 19 Packet Pg. 151 of 196
Attachment A
DESCRIPTION OF SCOPE OF SERVICES
Introduction
Attachment A, the Description of Scope of Services, contains the following four (4) elements:
Services and Deliverables To Be Provided
Schedule of Performance
Maximum Compensation Amount and Rate Schedule (As Applicable)
Reimbursable Expenses, if any (With “Not To Exceed” Amount)
Services & Deliverables
Baker Tilly’s approach to undergoing a peer review involves three (3) primary steps:
Step 1: Preparation for a peer review
Step 2: A peer review by an independent evaluator
Step 3: Cost per audit analysis
Step 1 – Preparation for a peer review
The Office of the City Auditor (OCA) will conduct a self-assessment before a peer review.
Step 2 – A peer review by a qualified organization
OCA will undergo a peer review conducted by an independent evaluator. In order to
accomplish this task, OCA will:
Request a peer review from the Association of Local Government Auditors (ALGA)
Provide documents and answer questions as requested by ALGA
Obtain a peer review report from ALGA
Step 3 – Cost per audit analysis
OCA will prepare a cost per audit analysis.
Deliverables:
Legislative documents will be prepared to present a peer review report from an
independent evaluator.
Schedule of Performance
Anticipated Start Date: June 1, 2023
Anticipated End Date: June 30, 2024
Item 5
Attachment E - TASK
ORDER FY24-06
Evaluation and
Benchmarking
Item 5: Staff Report Pg. 20 Packet Pg. 152 of 196
Maximum Compensation Amount and Rate Schedule
The not-to-exceed maximum, inclusive of reimbursable expenses (as summarized below) for this
Task is $24,000. The not-to-exceed budget is based on an estimate of 95 total project hours, of
which 25 are estimated to be completed by the City Auditor.
Reimbursable Expenses
Baker Tilly anticipates no travel costs. All procedures including interviews and documentation
reviews are expected to be completed remotely.
Item 5
Attachment E - TASK
ORDER FY24-06
Evaluation and
Benchmarking
Item 5: Staff Report Pg. 21 Packet Pg. 153 of 196
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: August 21, 2023
Report #:2308-1900
TITLE
SECOND READING: Adoption of an Ordinance Amending Section 9.68.010 (Purpose) and Section
9.68.040 (Just Cause Evictions Required) in Palo Alto Municipal Code Chapter 9.68, Rental
Housing Stabilization, to Reduce the Minimum Time Period Required for Renters to Qualify for
Just Cause Eviction Protections. CEQA status—exempt under CEQA Guidelines Section
15061(b)(3). (FIRST READING: August 7, 2023 PASSED 6-1, Tanaka no)
BACKGROUND
This was heard by the City Council on August 7, 2023 for a first reading and was approved 6-1,
Tanaka no. No changes were made to the Ordinance; it is now before you for a second reading.
ATTACHMENTS
Attachment A: Draft Ordinance
APPROVED BY:
Mahealani Ah Yun, Interim City Clerk
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Chapter 9.68
(Rental Housing Stabilization) of in the Palo Alto Municipal Code to Reduce the
Minimum Time Period Required for Renters to Qualify for Just Cause Eviction
Protections in Palo Alto
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. Renters represent a significant percentage of Palo Alto’s population;
B. Landlords provide a significant community service by providing rental housing in the City
of Palo Alto;
C. Palo Alto has great diversity in residential rental property and rental unit types, ranging
from single-family homes, accessory and junior accessory dwelling units, to properties
with multi-family apartment buildings containing a variety of rental units;
D. There is a need to ensure that housing is provided for people of all income levels, and
affirmatively further fair housing;
E. The Palo Alto rental market is one of the most expensive in the country, which is one
factor that can lead to potential renters being unable to afford standard rental unit move-
in costs;
F. The Palo Alto rental market is one of the most expensive in the country, which is one
factor that can lead to renters at risk of displacement;
G. The city desires to implement policies for certainty, stability, and fairness in the rental
market for renters and landlords;
H. A significant number of renters in Palo Alto are low-income and cost-burdened;
I. The State of California created eviction protections for some rental units in Palo Alto but
not others through the enactment of California Assembly Bill 1482 (2019), which currently
automatically sunsets in 2030,
J. The city is making significant investments on an ongoing basis regarding rental unit
protection, preservation, and production and will also soon need to implement the 6th
Cycle Housing Element policies and programs; and
K. On November 29, 2021, the City Council held a public meeting to discuss a variety of
renter protection measures and directed staff to draft a response to California Assembly
Bill 1482 (2019) by preparing an Eviction Reduction/Just Cause ordinance for Palo Alto to
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extend state eviction protections to properties built and receiving occupancy within the
last fifteen (15) years, but does not include rental units occupied less than a year or single
family homes not owned by a corporation or renters who live in a duplex when one unit
is owner occupied,
L. On February 9, 2023, the Human Relations Commission held a public meeting to discuss
the effectiveness of existing renter protections in Palo Alto and recommended that the
City Council adopt the extensions described by the City Council on November 29, 2021 in
addition to several other extensions,
M. On June 5, 2023, the City Council directed staff to draft an ordinance that further extends
just cause eviction protections by reducing the occupancy timeframe for Palo Alto renters
to qualify for eviction protections when compared with the timeframe outlined in
California Assembly Bill 1482 (2019),
N. On August 7, 2023, the city found that the ordinance was not in conflict with and was
more protective than California Assembly Bill 1482 (2019) in regard to the number of
rental units and rental circumstances receiving eviction protections and relocation
assistance, and, in some circumstances, in regard to the Tenant Relocation Assistance
(TRA) dollar amount required if a tenant received a no-fault just cause eviction, and
because the ordinance is permanent and does not contain the California Assembly Bill
1482 (2019) automatic sunset in 2030,
O. On June 5, 2023, the City Council directed staff to draft an ordinance that further
extends just cause eviction protections by reducing the occupancy timeframe for Palo
Alto renters to qualify for eviction protections when compared with the timeframe
outlined in California Assembly Bill 1482 (2019),
P. The City Council finds and determines that this amendment to the ordinance codified in
Palo Alto Municipal Code Chapter 9.68 (Rental Housing Stabilization) is adopted pursuant
to the city’s authority to protect the public health, safety, and welfare.
SECTION 2. Subdivision (b) of Section 9.68.010 (Purpose) of Palo Alto Municipal Code
Chapter 9.68 (Rental Housing Stabilization) in Title 9 (Public Peace, Morals and Safety) is hereby
amended to read as follows (new text underlined and deletions struck-through):
9.68.010. Purpose.
(a) It is found and declared that there is a growing shortage of, but increasing
demand for, housing in the city of Palo Alto. Such shortage and increased
demand, coupled with increasing inflation, have placed substantial pressure on
those residents of Palo Alto seeking rental housing. This council finds that
renters are entitled to a contractual relationship with a landlord that offers some
assurance of stability and fair treatment under the terms of a written lease to
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minimize displacement of renters into a rental housing market which affords
them few and expensive options.
(b) Council further finds that the provisions of California Assembly Bill 1482 (2019),
as codified and later expanded in the Civil Code of the state of California, offers
important protections from instability and displacement to renters. The
provisions of that bill as they relate to eviction reduction are restated and
expanded below, to make the protections permanent in the city of Palo Alto, to
and extend them to renters living in qualified residential rental units that
received a certificate of occupancy within the last fifteen years, and to reduce
the minimum occupancy time period for renters to qualify for eviction
protections.
SECTION 3. Subdivision (b) and (d) of Section 9.68.040 (Just Cause Evictions Required)
of Palo Alto Municipal Code Chapter 9.68 (Rental Housing Stabilization) of Title 9 (Public Peace,
Morals and Safety) is hereby amended as follows (new text underlined and deletions struck-
through):
9.68.040. Just-cause evictions required.
(a) Applicability to residential rental units. This section shall apply to all
residential rental units, except not any of the following:
[…]
(b) Protection for renters. Notwithstanding any other law, after a renter has
continuously and lawfully occupied a residential rental unit for 12 6 months, the
landlord of the residential rental unit shall not terminate the tenancy without just
cause, which shall be stated with specificity in the written notice to terminate
tenancy. If any additional adult renters are added to the lease before an existing
renter has continuously and lawfully occupied the residential rental unit for 24 12
months, then this subdivision shall only apply if either of the following are
satisfied:
(1) All of the renters have continuously and lawfully occupied the residential
rental unit for 12 6 months or more.
(2) One or more renters have continuously and lawfully occupied the
residential rental unit for 24 12 months or more.
[…]
(d) Notice. A landlord subject to this section shall provide notice to the tenant
renter, which may take the form of a lease provision or an addendum to a lease,
and which shall include the following, in no less than 12-point type:
“California law limits the amount your rent can be increased. See Section 1947.12
of the Civil Code for more information. Local law also provides that after all of the
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tenants renters have continuously and lawfully occupied the property for 12 6
months or more or at least one of the tenants renters has continuously and
lawfully occupied the property for 24 12 months or more, a landlord must provide
a statement of cause in any notice to terminate a tenancy. See Chapter 9.68 of the
Palo Alto Municipal Code for more information.”
[…]
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 Council finds that this project is exempt from the provisions of the
California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA
Guidelines, because it can be seen with certainty that there is no possibility that the ordinance
will have a significant effect on the environment.
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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:
____________________________ ____________________________
City Attorney City Manager
____________________________
Director of Planning and Development
Services
____________________________
Director of Community Services
____________________________
Director of Administrative
Services
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Ordinance
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Public Works
Meeting Date: August 21, 2023
Report #:2304-1389
TITLE
Staff Recommends that Council Direct Staff to Explore Purchase of Property Contiguous to the
Regional Water Quality Control Plant (RWQCP) to Meet Current and Future Needs of the
RWQCP
RECOMMENDATION
Staff recommends that Council direct staff to:
1. Explore the purchase of property contiguous to the Regional Water Quality Control
Plant (RWQCP) to meet current and future space needs;
2. Explore funding options to enable purchase of one or more of the three properties
contiguous to the RWQCP; and
3. Return to Council with recommendations for purchase of property contiguous to the
RWQCP.
EXECUTIVE SUMMARY
The RWQCP, originally constructed in 1934, has undergone several expansions and upgrades
and has entered a period of concentrated Capital Improvement Program (CIP) projects over the
coming years with a likely total cost of over $300 million in the next five years alone. To
facilitate CIP projects and provide room for new facilities, construction, staging, consultants,
and contractors, more space will be needed at the RWQCP. The projects are a mix of
replacement, rehabilitation, and new process projects. Surrounded by roads and parkland on
three sides, the only option for more space is one or more of the three privately-owned parcels
on the west side of the RWQCP. The parcels appear in the photo below between Embarcadero
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Way and the RWQCP. This report explains the need and recommended next steps, with the
recommendation to conduct due diligence, explore funding options, and bring further
recommendations back to Council.
BACKGROUND
1. The Wastewater Treatment Fund
infrastructure is owned by Palo Alto and supported by its partner agencies. The RWQCP’s core
infrastructure was built in 1972 with tanks, pumps, large pipes, industrial buildings, and
complex mechanical and electrical systems. The 1972 RWQCP had major capital additions in
1980 and 1988.
ANALYSIS
1 City Council Finance Committee, April 20, 2021; Agenda Item #3; SR #12170
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports-
cmrs/year-archive/2021/id-12170.pdf
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processes must be added to meet the challenges of the 21st century: nutrient and toxics
removal for Bay protection, advanced recycled water production to augment water supplies,
greenhouse gas emissions reduction for climate protection, reuse of biosolids from plant
processes, and advanced treatment and testing for human health protection. To do this, more
space will be needed for many kinds of facilities, including laboratory space, new wastewater
treatment processes, advanced electrical delivery and control systems, construction lay-down
areas, ingress and egress, emergency spare parts storage, and sea level rise adaptation. Fifty
years ago, these needs were not fully foreseen, and insufficient acreage was set aside for
facility modification and expansion. Recent droughts have demonstrated that a new goal is to
remove more types of contaminants and produce water meeting increasingly stringent drinking
water standards. Even the water which will not be reused (and will be discharged to the Bay)
will need further treatment and new unit processes, as the Bay standards become more
stringent. Other facilities requiring capital improvement in the next ten years (at the end of
their useful life) include a new outfall pipe, new support facilities, relining of an aging joint
intercepting sewer, and a new headworks facility. Even when old facilities are simply being
replaced, more space is needed because today’s building standards dictate larger footprints,
and because the old facilities must continue to be used while new ones are built, in the 24/7
world of wastewater treatment. The needed new laboratory is a good example. The old
laboratory must continue to be used while a new one is designed, built, and brought online.
Staff is analyzing additional opportunities to lease adjacent space while the plant undergoes a
major rebuild and space is limited onsite over the next 10 plus years.
2. The highest priority projects are being
implemented over multiple years to effectively manage resources and costs.
2 City Council, July 2, 2012; SR #2914 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-
reports/reports/city-manager-reports-cmrs/year-archive/2012/id-2914.pdf
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utility connections, and other features could be retained, reducing development expenses,
compared to installing more expensive new infrastructure.
The need for staging, laydown areas, and contractor trailers during long periods of construction
is often overlooked. This is now an integral part of the planning at the RWQCP; the Secondary
Treatment Upgrades project, now underway, is a good example. Turning the current aeration
tanks into an organics and nitrogen removal process will require five years of staged
construction. Areas for long term materials storage and contractor operations have been set
aside at the RWQCP and at rented space offsite at the Palo Alto Airport.
After property acquisition, the RWQCP would hire an architect and/or engineering firm to plan
for remodeling or replacement of existing buildings. Staff would return to Council for approval
of the design and then again for facility construction.
While the need for space has been apparent for several years, only now do favorable conditions
exist for purchase. Staff has been tracking ownership of the two most suitable properties for
over two decades and there had not been an interest in a sale until the last two years.
Approximately two years ago, individual (and separate) longtime owners became interested in
selling and doing so quickly. 1900 Embarcadero Road (the furthest left property in the above
photo) was sold to an investment/property management firm (BioScience Property
Investments). The City has inquired about property sale with the new owner. 2415-17
Embarcadero Way (the middle property in the above photo) transferred to Redco Development
in April 2023. The third property at 2425 Embarcadero Way is a California Public Storage
Facility. Although less suitable for use by the RWQCP, its ownership is now being explored as
well.
With two of the properties likely possibilities for acquisition, staff is now recommending an
immediate effort to complete due diligence on at least the first two, and have discussions with
owners of the third, and proceed if appropriate.
Both 1900 Embarcadero Road and 2415-17 Embarcadero Way are leased to tenants. A second
reason for proceeding currently is a combination of COVID and economic impacts. The City’s
appraiser advises that these are very uncertain times in the commercial real estate market, and
investors should not expect large gains soon.
Staff is proceeding with an update to the 2012 Long Range Facilities Plan (LRFP) that will include
site and workspace planning components for the variety of needs at present and in the future,
as described in a June 19, 2023 Informational Report about the RWQCP’s Capital Improvement
Program and the LRFP update3. This planning work will provide more certainty about space
needs but will take approximately two years to complete. The timing of acquisition could
involve some risk regarding potentially acquiring land in advance of completing the LRFP
3 City Council, June 19, 2023; SR #2305-1396
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82414
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update; however, the current opportunities to acquire land from a willing seller adjacent to the
RWQCP may justify immediate consideration.
FISCAL/RESOURCE IMPACT
STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
APPROVED BY: Brad Eggleston, Director Public Works/City Engineer
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City Council
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: Planning and Development Services
Meeting Date: August 21, 2023
Report #:2306-1625
TITLE
Rental Residential Vacancy Rate Determination for Three Plus Dwelling Units for the 1st Half of
2023
RECOMMENDATION
This is an informational report and City Council action is not required.
EXECUTIVE SUMMARY
This report transmits the biannual report of the vacancy rates of three or more residential rental
units for May 2023. The vacancy rate is 1.39%. When the vacancy rate is less than the 3%
threshold, applications to convert residential rental units to ownership units through the
subdivision process are not eligible for consideration.
BACKGROUND
Planning staff prepares the Residential Vacancy Rate Determination Report twice a year to meet
the requirements of Palo Alto Municipal Code (PAMC) Section 21.40.040, Determination of
Vacancy Rate and Surplus. Section 21.40.0401 states the following:
”In April and November of each year, the director of planning and community
environment shall determine from the city utility meter records the vacancy rate
and the vacancy surplus, if any, within the city limits. New market-priced rental
units available to the general public, for which a certificate of use and occupancy
has been issued since the last vacancy survey, shall be added on a unit-for-unit
basis either to reduce the vacancy deficiency or to increase the vacancy surplus.”
All conversions involving a change in the type of ownership of three or more rental units are
subject to the provisions of this chapter. Vacancy surplus in this section of the Municipal Code is
defined as the number of rental units being offered for rent or lease more than the 3% vacancy
rate. The City cannot accept tentative or preliminary parcel map applications for subdivisions
created from conversions unless there is a vacancy surplus of 3% or more as of the most recent
1 Municipal Code Chapter 21.40: https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-19994
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determination. This rule is established in PAMC Section 21.40.040.
The purpose of this reporting effort is to seek a reasonable balance of rental and ownership
housing in the city in a variety of individual choices of tenure, type, price, and location of housing.
It is also to protect the supply of multi-family rental housing stock in the city for low- and
moderate-income families and to reduce and avoid displacement of tenants, particularly seniors
and families.
ANALYSIS
Year Estimated Housing Units2 Utility Accounts
Deemed Vacant
Estimated Vacancy Rate
(Annual Average)3
2 The U.S. Census Bureau Decennial Census 2010 data is used as a baseline for the total rental stock data
in Palo Alto and changes (addition or demolition) to the total rental dwelling unit stock are tracked by
staff biannually using the City of Palo Alto’s land use management system (Accela) to generate the
vacancy rate. Staff expected to update the baseline with the release of the 2020 Decennial Census;
however, the U.S. Census Bureau decided to discontinue the rental data point and staff will continue to
use the original methodology.
3 This percentage is the number of utility accounts deemed “vacant” divided by the utility accounts
sample size.
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Staff prepared this analysis per PAMC 21.40.040 by using the City of Palo Alto’s utility meter
records. These records reveal the total number of “active” multi-family apartments and allow
staff to determine the percentage of “vacant” multi-family apartments. Utility accounts
associated with 3+ rental units were identified. However, staff recognized that rental multi-family
properties could have different types of utility accounts. For various reasons, not all accounts
could be identified; for example, addresses in different databases may not exactly match Utility
account addresses, due to location and formatting. There is not a 1-to-1 relationship between
estimated 3+ rental housing units and 3+ rental unit utility accounts. There are instances where
a property has one utility meter for all rental units or individual unit accounts billed to the
property manager or owner regardless of unit occupancy. Additionally, staff found that some 3+
rental housing units’ individual utility accounts have been “inactive” or have not had a utility bill
for some time and it is unknown whether the rental unit is vacant or no longer available to rent
altogether. Accordingly, the data included in this analysis represents staff’s best-effort to address
these discrepancies.
FISCAL/RESOURCE IMPACT
STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
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City Council
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: City Manager
Meeting Date: August 21, 2023
Report #:2308-1884
TITLE
2023 Council Priority Objectives Q2 Update
INFORMATION
This is an informational report that provides progress updates on the 2023 Council Priorities
and Objectives approved by the City Council on January 28, 2023. No action is needed.
BACKGROUND
On January 28, 2023, the Council held its annual retreat to approve the 2023 Council Priorities1.
The Priority Setting Guidelines define a priority as a topic that will receive unusual and
significant attention during the year. At the conclusion of the retreat, the City Council approved
the following priorities:
Economic Recovery and Transition
Climate Change and the Natural Environment: Protection and Adaptation
Housing for Social and Economic Balance
Community Health and Safety
On February 6, 20232, Council reviewed a set of Objectives meant to reflect potential Council
actions, be measurable and time-bound to make real progress in advancing Council Priorities.
At its April 10, 20233 meeting, the Council adopted 72 objectives which were further refined
and several funded during the 2024 Budget Adoption meeting4. Objectives are summarized in
Attachment A of the report.
1 City Council Retreat 1/28/23 https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=1492
2 2023 Council Objectives 2/6/2023
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=1067
3 2023 Updated City Council Objectives
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=1109
4 FY 2024 Budget Adoption https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=1170
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ANALYSIS
Project description- describes activities and outcomes for the calendar year as some projects
are multi-year in length and are broken up into phases.
Project Status-
Completed - Project as described in the description is overall complete, though some
minor/non-substantive follow-up may still be needed.
On-Track- Project is expected to be completed as specified, no significant delays.
Behind Schedule/Not Started - The project estimated completion date may be delayed
due to operational issues, capacity constraints (such as vacancies in staffing), or project
has not started.
On Hold/Dropped - Project is not actively in progress or will no longer move forward in
the current year. Reasons may include the issue is no longer relevant or is
stalled/dropped due to council direction.
Estimated Completion - The calendar quarter in which the objective is expected to be
completed.
Department Lead - Identifies the lead department and project manager responsible for
coordinating progress.
Update - a brief progress update on the project describes work reflected in the respective
calenda quarter. Any delays or project issues will be reflected in this section.
Council Priority Area Completed On Track
Behind
Schedule
On Hold/
Dropped Total
Economic Recovery & Business
Transition (ER&BT)
Climate Change and the Natural
Environment: Protection and
Adaptation (CC&NE)
Housing for Social and Economic
Balance (HSEB)
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Community Health and Safety
(CH&S)3 16 1 1 21
TOTAL 9 42 13 8 72
FISCAL/RESOURCE IMPACT
Although there are no additional direct resource impacts for the listed objectives during the
2023 calendar year, several other objectives were deferred during the FY2024 Budget Adoption
process for reconsideration at the FY 2024 midyear review. Those are identified with an * in
Attachment A and noted in Attachment B.
STAKEHOLDER ENGAGEMENT
In March 2023, Council was presented with community engagement plans based on the
selected 2023 Priorities and adopted objectives. There are various levels of community
engagement and communications to support each project.
ENVIRONMENTAL REVIEW
The Council informational report on this item is not a project as defined by CEQA because the
Council review of 2023 Priority Objectives is continuing administrative or maintenance activity.
CEQA Guidelines section 15378 (b)(2).
ATTACHMENTS
Attachment A: 2023 Council Priorities and Objectives Summary Table
Attachment B: 2023 Council Priorities and Objectives Q2 Update
APPROVED BY:
Ed Shikada, City Manager
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2023 City Council Priorities and Objectives
Calendar Q2 Update
#
Objective Q1 Q2 Q3 Q4
ER
&T
CC&
NE
HS&
EB CH& S
Support Economic Recovery and Business Transition
a Adopt a comprehensive Economic Development Strategy x x x x
b Implement or upgrade electronic plan review software without interruption to the permitting process (ERT 9)x x x x
c Implement recommendations in Building and Permit Review Report conducted by the City Auditor x x x x
d Begin stakeholder engagement and implementation of new business tax (Measure K)x x x x x
Focus on Commercial Corridors, Downtown and California Ave
e Begin implementation of next phase of parklet regulations to the community x x
f Evaluate opportunities for New Parking Facilities in the University Ave Downtown and direct next steps (ERT 10)x x
g Align Business Improvement District (BID) priorities and investments to the Comprehensive Economic Development Strategy(ERT1)
x x
h Select consultant to conduct a study that informs the development of a permanent car‐free streets ordinance (ERT 6 & 7)x x x
i Approve concept plan for University Ave streetscape and provide direction on capital project funding (ERT 5)x x
j Extend temporary closure for car free streets (ERT 6 & 7)x x x
k Provide direction on citywide retail zoning code changes including retail preservation and neighborhood commercial district specific
regulations and CUP thresholds (ERT 4, 12, 13)***x
Climate Change Protection
l Implement Advanced Metering Infrastructure (AMI) through purchase of meters/equipment for installation(CCPA7)x x
m Approve consultant to update Bike and Pedestrian Transportation Plan x x x
n Approve municipal code amendments for advancing S/CAP goals (specifically facilitate photovoltaic, energy storage system, electric
vehicle charging station, and heat pump (water/furnace) installations) (CCPA1)x x
o Approve S/CAP Update and 3‐year workplan (CCPA4)x x
p Begin first phase construction for grid modernization and consultant resources to plan for gas transition x x
q Install first 1,000 heat pump water heaters through the advanced pilot program and approve expanded full‐scale program x x
r Approve advanced pilot program for whole residential home electrification by the end of 2023 (targeted areas)x x
s Approve commercial rooftop HVAC electrification advanced pilot program x x
t Accept Electric Vehicle Strategic Plan***x x
u Accept Reliability and Resiliency Strategic Plan x x x
v Review preliminary draft S/CAP study discussing workplan resource needs and project funding opportunities x x
2 Engage youth in implementation of climate change initiatives, objectives, and goals x x x
7 Discuss plans for commercial dewatering requirements x
Climate Change Adaptation: Flood Protection
w Advance the San Francisquito Creek Flood Protection capital project (Reach 2) by the end of 2023, through Council’s JPA representation
and any Council approvals involved. x x x
x Secure funding and approve construction for the Newell Bridge replacement project; advocacy with State legislators educating on project
funding needs (CHS10)x x x
5 Determine next steps for sea level rise and adaptation plan*x x x
Natural Environment x
y Approve operations and maintenance agreements with Valley Water purified water facility at LATP Area B (CCPA3)x x
z Adopt appropriate changes to the revised Tree Protection Ordinance x x
4 Initiate zoning changes consistent with the Comprehensive Plan regarding creek corridor setbacks x x x
6 Initiate evaluation of strategies to protect natural habitats such as bird safe glass, wildlife protection from light pollution, etc x x
Advance Renter Protection Policies
aa Approve access to rental units by establishing security deposit limits x x
bb Provide protections to renters by considering expansion of the just cause eviction ordinance (HSEB16)
x
x x
cc Implement a rental registry to inform future renter protection policies (HSEB15)x x
Advance Housing Plans
dd Expand housing opportunities through the initiation of a Downtown Housing Plan: approval of project funding and a consultant contract
(HSEB10)x x x x
ee Advance local and state housing interests through a HCD‐compliant Housing Element (HSEB5)x x
ff Advance vision for North Ventura Coordinated Area by adopting a coordinated area plan (HSEB4)x x
gg Create new affordable housing opportunities through funding such as a housing land trust, in particular, CalCHA x
hh Explore opportunities to regulate short term‐rentals with Council committee* x
8 Construct preliminary schedule for starting new coordinated area plans for San Antonio Road, California Ave, Downtown, and El Camino
Real x x x
Implement Housing Production Policies
ii Codify permanent standards related to the City local SB9 implementation ordinance (HSEB 14)x x
jj Approve adjusted Accessory Dwelling Unit (ADU) regulations to facilitate production and meet HCD requirements (HSEB9)x x
kk Respond to various Grand Jury recommendations related to Housing (HSEB 6, 17, 24)x x
ll Refine implementation of City’s SB9 objective development and urban lot split standards (HSEB 14)x x
mm Adopt an ordinance amending the development standards for Stanford‐owned housing opportunity sites x x
nn Rezone carryover housing opportunity sites for by‐right development when developed with 20% lower income affordable housing units x x
oo Adopt an ordinance to implement revised development standards for certain properties located in the GM/ROLM to allow for densities up
to 90 units/acre x x
9 Evaluate RHNA housing allocation and encourage housing production that reflects the needs of the community x x
10 Establish an ad hoc committee on housing to review housing policies x x
Support Unhoused Service Initiatives
pp Begin construction in partnership with LifeMoves for Palo Alto Homekey project to provide transitional housing and services for unhoused
residents (HSEB13)x x x
qq Develop a citywide strategy to connect unhoused residents to housing and services*x x
Mental & Physical Health and Belonging
rr Complete reopening libraries to budgeted level (remains below pre‐pandemic levels) (CHS5)x x
ss Approval of multi‐year agreement for provisions of animal shelter services (CHS1)x x
tt Expand and enhance community special events with focus on inclusion (linked to activities in ERT)x x x
uu Approve agreement with PAUSD on long term use of the Cubberley property (CHS2)x x
vv Evaluate Recreation Wellness Center Feasibility (CHS14)x x
11 Evaluate increasing HSRAP funding during the FY 2024 budget process**x x
12 Facilitate a location for La Comida in North Palo Alto x x
13 Increase support and funding for youth mental health*x
Invest in Reliable Safety Infrastructure and Systems
ww Support visible police presence by ensuring stable staffing (recruiting and retention) through hiring ahead program (CHS6)x x
xx Support a diverse community through extension of the Psychiatric Emergency Response Team (PERT) program services to the community
through affirmation of continued City financial support x x
yy Update without interruption 911 dispatch system (CAD provider) once selected through procurement process (CHS4)x x
zz Begin construction of the Gas Main Replacement Project 24B x x
aaa Approve updated Local Hazard Mitigation Plan and Community Wildfire Protection Plan (CHS15)x x x
bbb Implement Foothills Fire Management Plan (CHS3)x x x
ccc Advance final construction phase of Public Safety Building and begin preparations for move‐in (CHS9)x x
ddd Approve next steps for the rebuild of Fire Station No. 4 project (specifically design and entitlements) (CHS17)x x
eee Approve resources and consultant to study and develop seismic and resiliency ordinance (CHS20)x x x
Reduction of Noise and Air Quality Pollution x
fff Update gas‐powered leaf blower ordinance and enforcement plan (CHS16)x x x
ggg Implement a strategy for the provision and promotion of unleaded fuel at Palo Alto Airport (CHS12)x x
hhh Approval of quiet zone implementation (rail/train crossings)x x x
iii Continue engagement with San Francisco Airport on SFO's Ground Based Augmentation System (GBAS) project and other potential
opportunities to decrease SFO noise impacts on Palo Alto (CHS11)x x x x
COMMUNITY HEALTH & SAFETY (CH&S)
Estimated
Completion
Council Priority
Crossover
CC&BE
CLIMATE CHANGE & THE NATURAL ENVIRONMENT (CC&NE)
HOUSING FOR SOCIAL & ECONOMIC BALANCE (HS&EB)
* Council objective to be reconsidered in 2024 Midyear review
** Council objective referred to committee for review
*** Council objective to be reconsidered in 2024 Priority Process
ATTACHMENT A
x
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Attachment A- 2023
Council Priorities &
Objectives Summary
Table
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2023 Council Priorities and Objectives Update
Calendar Q2 Update (April-June)
ECONOMIC RECOVERY & BUSINESS TRANSITION (ERBT)
ERBT a. Adopt a comprehensive Economic Development Strategy
Lead Dept. CMO Steve Guagliardo
Status: On Track Estimated Completion: Q3
Project Description:
Adopt a comprehensive Economic Development Strategy that will provide foundational guiding
principles and framework to inform and guide continued wok to support and actively promote the
City’s economic vitality.
Update:
Streetsense was contracted to develop a market-informed economic development strategy that will
ensure Palo Alto's post-COVID competitiveness by identifying impactful public sector interventions,
policies and investments for which there is both need and consensus for action. Two Council study
sessions have been held to define goals, preliminary findings, economic development strategy, phases
and timeline.
In August 2023, Council will be presented with a report that focuses on areas within Palo Alto where
there is existing concentration of retail activity representative of the diverse scale of retail offerings
found throughout the city. A set of guiding principles, identified through stakeholder engagement,
and recommendations with action items within each will be presented for Council feedback.
ERBT b. Implement or upgrade electronic plan review software without interruption to the
permitting process (ERT 9)
Lead Dept. PDS Jessica Setiawan
Status: Behind Schedule Estimated Completion: Q4
Project Description:
Conduct a Request for Proposals (RFP) to secure a vendor to provide electronic plan review services
that integrates with the City's Accela permitting system.
Update:
The timeline for this project has slipped one quarter due to other competing priorities that were more
time sensitive. A Request for Proposals (RFP) was posted on August 22, 2022 and vendor selection
made in the Spring 2023. An extension of existing Electronic Plan Review software was approved
through end of 2023. The City Council action to award the new contract is expected to be brought
forward by the in early Fiscal Year 2024.
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ERBT c. Implement recommendations in Building and Permit Review Report conducted by the City
Auditor
Lead Dept. PDS Sarah McRee
Status: Behind Schedule Estimated Completion: Q4
Project Description: In June 2022, an audit was completed on the permitting process in which the
Office of the City Auditor identified fifteen recommendations and opportunities for improvement.
Planning and Development Services drafted action plans for each item for implementation of
corrective actions.
Update:
Staff vacancies have delayed implementation of some audit recommendations, but progress has been
made on others. In summer 2023, the Planning and Development Services (PDS) released a new
webpage to improve navigation for permit application submittal, published additional user guides and
updated application submittal checklists.
Various pilot initiatives have been implemented to facilitate more timely resolution of real-time
construction related issues, over the counter issuance of minor permits and restoration of in-person
or virtual appointments to test most efficient methods for application in-take process. This effort is
providing information that will be used to formalize new procedures and technological upgrades and
improve application processing.
By Q4 staff will complete training on customer service expectations to enhance the customer
experience and reduce complaints. Currently, PDS staff is available to the public in person at the
development center Monday through Thursday and virtually every Friday. The audit includes several
recommendations with tiered target completion dates. The next project milestone is to provide a
status update to the Policy & Services committee in October.
ERBT d. Begin stakeholder engagement and implementation of new business tax (Measure K)
Lead Dept. ASD
Status: On Track Estimated Completion: Q4
Project Description:
Measure K was voted by Palo Alto residents to establish a tax on businesses operating in the city. The
tax levies seven and one-half cents per month for each square foot of space occupied by businesses
larger than 10,000 square feet (excludes grocery stores).
Update:
The City Council adopted advisory spending guidelines indicating its intent to spend tax proceeds on
train crossing and rail safety, affordable housing and unhoused services, and public safety services. In
June 2023, Council approved the selection of a vendor for administration of the tax and Business
Registry Certificate Program. In the summer, community engagement opportunities will include
information sessions and focus group sessions.
ERBT e. Begin implementation of next phase of parklet regulations to the community
Lead Dept. PDS/CMO/OOT
Status: Behind Schedule Estimated Completion: Q4
Project Description:
In order to support business operations during the pandemic, outdoor dining and retail were allowed
to extend outdoors. A temporary parklet program within City rights-if-way was adopted by Council to
facilitate economic recovery efforts and provide temporary guidance on structure regulations. The
next phase of the program formalizes the parklet program and creates a permanent ordinance.
Update:
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The permanent parklet guidelines details such as incentives for electrification, parklet size, traffic
safety, and permitting processing details are being finalized. Staff brought a draft ordinance
modifying Title 18 to the Planning and Transportation Commission (PTC) on June 28, 2023. The report
is linked: www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-
minutes/planning-and-transportation-commission/2023/ptc-6.28-parklets.pdf
Staff vacancies combined with refined policy direction from the City Council has pushed out the
timeline to complete this project. In September, staff will return to Council with final draft guidelines
and a permanent ordinance for adoption; program implementation is anticipated in late 2023 or early
2024.
ERBT f. Evaluate opportunities for New Parking Facilities in the University Ave Downtown and direct
next steps (ERT 10)
Lead Dept. ASD Sonny Tong
Status: On Track Estimated Completion: Q4
Project Description:
Explore the development of parking facilities in the University Ave Downtown using parking in-lieu
fees; potentially in conjunction with an affordable housing project, as directed by the City Council
December 6, 2021 (CMR #13633).
Update:
A public study session with the City Council is anticipated later this year to identify potential City
contributions towards the project and narrow down the lots that are most desirable to the City for
development and the development standards for those lots.
ERBT g. Align Business Improvement District (BID) priorities and investments to the Comprehensive
Economic Development Strategy (ERT1)
Lead Dept. CMO Steve Guagliardo
Status: On Hold Estimated Completion: Q4
Project Description:
Work with the Chamber of Commerce and Palo Alto Downtown Business and Professional Association
(PADBPA) on the FY 2023 program and transfer of BID management.
Update:
This item is currently on hold pending discussion of desired use of funds by the BID with the business
community. Once that is resolved, Staff will resume work on this item. Staff anticipates working in
partnership with the Chamber to re-establish support for the BID, explore options for the future of
BID management, and re-instituting the BID levy. On June 6, 2022 Council voted not to levy
assessments against businesses within the Downtown Palo Alto Business Improvement District for FY
2023.
ERBT h. Select consultant to conduct a study that informs the development of a permanent car-free
streets ordinance (ERT 6 & 7)
Lead Dept. OOT Ozzy Arce
Status: On Track Estimated Completion: Q3
Project Description:
Select a consultant to conduct an Alternatives Study to look at different street configurations,
alternatives, and activations for California Avenue and Ramona Street. The study would also
recommend a design strategy for the streets and explore whether the streets should remain closed or
should open to vehicular traffic.
Update:
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Objectives Q2 Update
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Work on a short-term demonstration projects and operational improvements are underway. Request
for Proposals for consultant services for the Alternatives Study was released on July 3, 2023 and
proposals are due August 1, 2023. Staff anticipates identifying a preferred vendor and presenting a
contract to the City Council in fall 2023.
ERBT i. Approve concept plan for University Ave streetscape and provide direction on capital
project funding (ERT 5)
Lead Dept. PWD Holly Boyd
Status: On Track Estimated Completion: Q4
Project Description:
Complete data collection, develop concept alternatives, and prepare cost estimates, while
implementing the community engagement strategy approved by Council in the consultant contract.
Update:
Staff has completed data collection and field surveys, and held focus group meetings, a community
workshop, and an online survey to gather community needs and input to develop project alternatives.
Staff is reviewing concept plan line options and will hold additional outreach meetings to gain
consensus on a preferred option.
ERBT j. Extend temporary closure for car-free streets (ERT 6 & 7)
Lead Dept. OOT Ozzy Arce
Status: On Track Estimated Completion: Q4
Project Description:
In the interim, as car-free street study is underway, extend temporary closure for car-free streets for
California Avenue and Ramona Street.
Update:
Staff will seek direction from Council on the temporary closure of California Avenue and Ramona
Street to extend past the current sunset date of December 31, 2023. Staff will present options to
Council in the interim while the Car-free Streets Alternatives Study is underway.
ERBT k. Provide direction on citywide retail zoning code changes including retail preservation and
neighborhood commercial district specific regulations and CUP thresholds (ERT 4, 12, 13)
Lead Dept. PDS Amy French
Status: On Track Estimated Completion: 2024
Project Description:
Council directed staff and the Planning and Transportation Commission (PTC) to evaluate and propose
changes to enable Diverse Retail Uses in more retail sites, including food, medical, educational,
financial, and professional office uses citywide or by district, and evaluate ways the City can curate a
strong retail mix.
Update:
As part of the development of a comprehensive economic development strategy (ERT2), Streetsense
conducted a retail market analysis. Data gathering, including stakeholder interviews, are underway.
The report will outline retail best practices and recommendations and is expected to be completed in
the Summer of 2023. In addition to Streetsense, Michael Baker International consulting firm is also
concluding its findings on retail preservation and commercial district-level specific retail
recommendations. As this work develops, next steps will include draft regulations for Planning and
Transportation Commission (PTC) and Council review.
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Council Priorities and
Objectives Q2 Update
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CLIMATE CHANGE & THE NATURAL ENVIRONMENT (CC&NE)
CC&NE l. Implement Advanced Metering Infrastructure (AMI) through purchase of
meters/equipment for installation (CCPA7)
Lead Dept. UTL Dave Yuan
Status: On Track Estimated Completion: Q4
Project Description:
The City of Palo Alto Utilities (CPAU) is upgrading the City’s utility metering system with electronic
meters to utilize grid technology called Advanced Metering Infrastructure (AMI). AMI is becoming a
standard in the utilities industry, enabling interval utility usage data and time-of-use rates for homes
and businesses to the benefit of electric, natural gas, and water utility customers. CPAU will replace
old legacy electric meters with new advanced electric meters and retrofit existing water and gas
meters with AMI radios, starting with residential meters.
Update:
The City has deployed about 1600 electric, gas, and water AMI meters. The City has nearly completed
the system integration amongst the AMI network, meter data management, customer billing
information, outage management, and geographic information systems.
Utilities is conducting parallel billing of two-meter routes to validate the accuracy of the meter read
and billing in the customer billing system before full deployment. AMI full deployment for residential
customers is scheduled to begin in mid-September 2023. Depending on availability of meters and
equipment, staff will complete residential AMI deployment by end of 2024.
Due to supply chain issues, the completion of electric commercial AMI meters has been moved out to
mid-2025. Customers with AMI meters will be able to view their interval consumption pattern in the
utilities customer portal MyCPAU and receive water leak alerts starting in 2024. Staff will also be
piloting electric time-of-use (TOU) rates in 2024.
CC&NE m. Approve consultant to update Bike and Pedestrian Transportation Plan
Lead Dept. OOT Ozzy Arce
Status: Completed Estimated Completion: Q2
Project Description:
Approve the contract for consultant services to assist with the update of the City’s Bicycle and
Pedestrian Transportation Plan, which was last updated in 2012.
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Update: Complete. The City Council approved the contract with the consultant Kittelson & Associates
on June 19, 2023. The kickoff meeting with Kittelson occurred on July 25, 2023, the project is
anticipated to take 18-24 months.
CC&NE n. Approve municipal code amendments for advancing S/CAP goals (specifically facilitate
photovoltaic, energy storage system, electric vehicle charging station, and heat pump
(water/furnace) installations) (CCPA1)
Lead Dept. PDS Amy French
Status: Behind Schedule Estimated Completion: Q3
Project Description:
Identify municipal code amendments that may impede installation of electrification systems and
recommend changes after public review before the Utilities Advisory Commission (UAC) and Planning
and Transportation Commission (PTC) and transmit recommendations to the City Council.
Update:
Staff vacancies, other competing priority assignments and need for additional technical consultant
services resulted in this project slipping one quarter. In response to PTC recommended ordinance
changes in December 2022, additional research and recommendations pertaining to setbacks for
presumptive compliance with the City’s noise ordinance will, and the consolidation of a single
ordinance, will be reviewed in August 2023. Final recommendations to be considered by Council in
September 2023.
CC&NE o. Approve S/CAP Update and 3-year workplan (CCPA4)
Lead Dept. PWD Christine Luong
Status: Completed Estimated Completion: Q2
Project Description:
Conclude the work of the S/CAP Ad Hoc Committee and complete the S/CAP update in fall 2022, with
Council approval of the S/CAP Goals and Key Actions and strategy for residential electrification and
expected Council adoption of the full S/CAP update and CEQA document in spring 2023.
Update:
The Council meetings on September 27, 2022, and October 3, 2022, included comprehensive
discussions on the S/CAP update and the S/CAP Ad Hoc Committee’s work and recommendations,
including results of community engagement efforts to date. Council accepted the full set of the draft
S/CAP Goals and Key Actions; approved multiple actions allowing the new Advanced Heat Pump
Water Heater Pilot Program to commence; and adopted a new goal to achieve carbon neutrality by
2030. At its June 5, 2023 Council adopted the updated S/CAP, approved certification of the S/CAP
under the California Environmental Quality Act, and approved the S/CAP Three-Year Work Plan.
CC&NE p. Begin first phase construction for grid modernization and consultant resources to plan for
gas transition
Lead Dept. UTL Tomm Marshall
Status: On Track Estimated Completion: Q4
Project Description:
The City’s planned grid modernization project includes the modernization of the systematic grid and
incorporates the Goals and Key Actions from the Grid Modernization Study to prepare the grid for
widespread electrification in support of the S/CAP goal of an 80 percent carbon reduction by 2030.
Update:
The first phase of the Grid Modernization Study has concluded, it evaluated capacity requirements
needed for electrification. The second phase of the study will evaluate the grid for incorporation of
advanced grid control technologies and distributed resources to improve grid resiliency. This is
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expected to be completed by the end of 2023. Staff recently updated the UAC on the status of the
Grid Modernization plans.
A plan and timeline for implementation of grid capacity upgrades was developed in the first quarter
of 2023 that was used in grant application for a federal GRIP grant. Grant awards are expected to be
awarded in late fall of 2023. Construction of the first neighborhood modernization project is
underway and is expected to be completed in late 2023 or early 2024. Staff is currently developing a
work plan for the gas transition study and expects to issue an RFP in the second half of 2023.
CC&NE q. Install first 1,000 heat pump water heaters through the advanced pilot program and
approve expanded full-scale program
Lead Dept. UTL Jonathan Abendschein
Status: On Track Estimated Completion: Q4
Project Description:
Launch the Advanced Heat Pump Water Heater Pilot Program approved by Council and achieve 1,000
heat pump water heater installations (if supported by demand) by the end of 2023. Develop and
seek approval for an expanded water heater program.
Update:
The Pilot Program was officially launched in March of 2023. Interest has been very high, however staff
turnover at the City and at both companies contracted with the City to operate the program made it
difficult to process the high number of signups. All organizations are actively hiring with new hires
expected to come on board mid-July, at which point staff is expecting to work through most of the
interest list and begin generating substantial numbers of new program signups by September. In the
second half of 2023, staff plans to engage with the S/CAP Committee and Working Group on the
design for the next phase of the program.
CC&NE r. Approve advanced pilot program for whole residential home electrification by the end of
2023 (targeted areas)
Lead Dept. UTL Jonathan Abendschein
Status: On Track Estimated Completion: Q4
Project Description:
In parallel with the overall S/CAP process, the S/CAP Ad Hoc Committee and four working group
teams will develop a strategy to advance residential electrification for Council’s approval and begin
implementation of a pilot program in modernized neighborhoods in 2024.
Update:
When implementing the Advanced Heat Pump Water Heater Pilot Program, staff included provisions
in the contracts with contract program operators that will enable them to provide assessments and
technical assistance for a whole home residential electrification program in modernized
neighborhoods. Staff is also working with the UAC and S/CAP Committee to pursue participation in
the State’s GoGreen Home Financing Program to provide financing. Staff plans to provide these
features in modernized neighborhoods by the end of 2023 and will begin design of a more
comprehensive full-service whole home electrification program working with the S/CAP Ad Hoc
Committee and Working Group in late 2023.
CC&NE s. Approve commercial rooftop HVAC electrification advanced pilot program
Lead Dept. UTL Jonathan Abendschein
Status: On Track Estimated Completion: Q4
Project Description:
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Continue to run existing pilot program to do a limited number of pilot projects with commercial
kitchen electrification and electrification of commercial air conditioning (specifically rooftop packaged
heating, ventilation, and air conditioning (HVAC) units). Design an advanced pilot program focused on
rooftop HVAC meant to prove a scalable, high participation business model.
Update:
A business pilot program for electrification of commercial kitchens and heating, ventilation, and air
conditioning (HVAC) units is currently underway and early projects are being evaluated. The results
will be used to inform a future larger scale advanced pilot program for rooftop HVAC. Staff did
research and analysis to prepare proposals for an advanced pilot program in the first half of 2023 and
is expected to begin discussions of the program with the S/CAP Committee and Working Group in the
second half of 2023.
CC&NE t. Accept Electric Vehicle Strategic Plan
Lead Dept. UTL/PWD Jonathan Abendschein
Status: Behind Schedule Estimated Completion: 2024
Project Description:
Develop a strategic plan for the provision of electric vehicle (EV) charging infrastructure to support EV
growth in Palo Alto. Define the City’s role and funding needs. Evaluate strategies for efficient
electrification and EV charging to reduce grid impacts. Coordinate with the Reliability and Resiliency
Strategic Plan on the electric grid impacts and benefits of EV charging and strategies to mitigate the
impacts and take advantage of opportunities.
Update:
The Council approved Policy Guidelines for this study on June 5, 2023 as part of the 2023-2025 S/CAP
Work Plan and approved funding for the study as part of the FY 2024 budget on June 19, 2023. Staff
will discuss the scope of the study with the S/CAP Committee and Working Group in August 2023 and
release a consultant RFP soon after.
While the project is moving forward and making progress, development of an RFP and contract award
is a multi-month process. Council may expect to approve the EV Strategic Plan in early 2024.
CC&NE u. Accept Reliability and Resiliency Strategic Plan
Lead Dept. UTL Jonathan Abendschein
Status: On Track Estimated Completion: Q4
Project Description:
Develop a strategic plan for the integration of new technologies such as distributed energy resources
(solar, battery to grid, battery storage, and self-forming grids), load management and control
technologies, and advanced grid automation and protection into the City’s electric distribution system
with the goal of improving electric grid reliability and utility customer and neighborhood resiliency.
Coordinate with the EV Strategic Plan to identify the role of EV charging (including EV to grid and EV
to home) in electric grid reliability and resiliency.
Update:
The Council approved Policy Guidelines for this study on June 5, 2023 as part of the 2023-2025 S/CAP
Work Plan and approved funding for the study as part of the FY 2024 budget on June 19, 2023. Staff
will discuss the scope of the study with the Utilities Advisory Commission in August 2023 and will
release a consultant RFP soon after.
Some components of the study are expected to be completed by the end of 2023, but aspects related
to home and neighborhood resiliency may extend into 2024.
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CC&NE v. Review preliminary draft S/CAP study discussing workplan resource needs and project
funding opportunities
Lead Dept. UTL Jonathan Abendschein
Status: On Track Estimated Completion: Q4
Project Description:
Complete an analysis of the funding needs for full scale implementation of the S/CAP Climate Action
Goals and Key Actions, including identifying and estimating costs for additional emissions reductions
to achieve the 80x30 goal. Identify potential funding sources.
Update:
The Council approved funding for the study as part of the FY 2024 Budget on June 19, 2023. Staff will
discuss the scope of the study with the S/CAP Committee and Working Group in August 2023 and
release a consultant RFP soon after.
CC&NE 2. Engage youth in implementation of climate change initiatives, objectives, and goals
Lead Dept. PWD Christine Luong
Status: On Track Estimated Completion: Q4
Project Description:
At the October 3, 2022 Council meeting, Council expressed the need to engage youth more actively in
sustainability and climate action initiatives. Engaging youth is a key component of S/CAP
implementation.
Update:
Staff are engaging youth in several ways: 1. Staff invited a high school student to join the
Sustainability and Climate Action Plan (S/CAP) Ad Hoc Working Group to provide a youth perspective
on the City’s sustainability and climate action work. The student is an active participant in the S/CAP
Ad Hoc Working Group. 2. On-going discussions with leadership of the Palo Alto Student Climate
Coalition on best ways to partner on sustainability and climate action. 3. Staff initiated a “Climate
Action & Youth Engagement” special project to develop a strategy to engage youth in implementation
of the S/CAP and its associated initiatives, and partner with Palo Alto Unified School District to
develop a strategy to educate PAUSD students about the benefits of climate action and the various
City programs supporting climate action. 4. Youth outreach and engagement is a key component of
both the electrification marketing plan and the overall sustainability and climate action
communications strategy.
CC&NE 7. Discuss plans for commercial dewatering requirements
Lead Dept. PWD Holly Boyd
Status: Dropped Estimated Completion: Q4
Project Description: Review impacts of new dewatering requirements and potentially make
suggestions for improvements.
Update: This project was not selected by the Finance Committee to move forward. There were not
enough commercial projects in construction since the new regulations took effect to provide a good
data set.
CC&NE w. Advance the San Francisquito Creek Flood Protection capital project (Reach 2) by the end
of 2023, through Council’s JPA representation and any Council approvals involved.
Lead Dept. PWD Holly Boyd
Status: Behind Schedule Estimated Completion: Q4
Project Description:
Advance the San Francisquito Creek Flood Protection capital project (Reach 2) by the end of 2023,
through Council’s JPA representation and any Council approvals involved.
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Update:
Staff continues to work with the San Francisquito Creek Joint Powers Board member agencies to
coordinate other Reach 2 projects with the Newell Road Bridge replacement project. The remaining
Reach 2 projects (top of bank, creek-widening, Pope-Chaucer Bridge Replacement) are on hold
pending creek model redesign based on recent winter storm results.
CC&NE x. Secure funding and approve construction for the Newell Bridge replacement project;
advocacy with State legislators educating on project funding needs (CHS10)
Lead Dept. PWD Holly Boyd
Status: On Track Estimated Completion: Q4
Project Description:
Complete design and right-of-way acquisition, obtain regulatory permits, and seek programming of
construction funding by Caltrans to allow construction to begin in calendar year 2024.
Update:
Staff received 100% design and cost estimates in March 2023 and submitted updated funding
requests for approval to Caltrans for revised construction estimate, additional right-of-way
compensation and to accelerate construction funding to Fiscal Year (FY) 2024 (from FY 2026).
Regulatory permits for work in the creek are also required. A revised permit application for Newell
Road Bridge is being finalized and will be submitted in August. The right-of-way appraisal and
acquisition started in January 2023. Staff and consultants are working with the individual property
owners to secure permanent and temporary easements by the end of December 2023. Right-of-way
and permitting is anticipated to be completed by the end of 2023, with bidding of the project in early
2024 and construction to start in summer 2024.
CC&NE 5. Determine next steps for sea level rise and adaptation plan
Lead Dept. PWD Julie Weiss
Status: On Hold Estimated Completion: 2024
Project Description:
Determine next steps for Sea Level Rise Adaptation Plan pending memo anticipated from United
States Army Corp of Engineers (USACE) explaining plans and timeline for shoreline levee
improvements.
Update:
Staff anticipates the USACE memo this summer. In the interim, staff is working on sea level rise and
shallow groundwater mapping tools for staff planning use and is considering a public meeting about
shoreline improvements and timeline pending information received from USACE.
While preliminary work continues to advance sea level rise and adaptation readiness, more significant
and resource intensive work has been deferred by Council for re-evaluation at FY 2024 midyear
review.
CC&NE y. Approve operations and maintenance agreements with Valley Water purified water
facility at LATP Area B (CCPA3)
Lead Dept. PWD Karin North
Status: Behind Schedule Estimated Completion: Q4
Project Description:
In partnership with Valley Water, discuss the project at a Council study session, and negotiate
agreements between the City and Valley Water necessary for the project to proceed.
Update:
A Council study session was held on September 22, 2022, to provide a status update on the City’s
efforts with Valley Water and the City of Mountain View. The purpose of the project is to improve the
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quality of recycled water produced by the City and increase water reuse at the regional level. On
April 10, 2023, Council approved the Funding Agreement with Valley Water for reimbursement of
costs incurred in support of the Purified Water Project.
Staff will return to Council In late 2023 or early 2024 with the draft lease agreements and draft
operations and maintenance terms. The development of new agreements is taking longer than
anticipated. The operations and maintenance agreement is also dependent on information from the
Regional Water Quality Control Board regarding discharge requirements, and the state is not
expected to release that information until later in 2023.
CC&NE z. Adopt appropriate changes to the revised Tree Protection Ordinance
Lead Dept. PWD Peter Gollinger
Status: On Track Estimated Completion: Q4
Project Description:
Consider potential improvements to the revised Tree Protection Ordinance as directed by Council at
its adoption, with review by Planning and Transportation Commission (PTC) and Parks and Recreation
Commission (PRC) before Council consideration.
Update:
On June 19, 2023, Council held a study session reviewing the implementation of the revised Tree
Protection Ordinance to date. Staff is evaluating feedback from the study session and will review
potential improvements to the ordinance with PTC and PRC before returning to Council.
CC&NE 4. Initiate zoning changes consistent with the Comprehensive Plan regarding creek corridor
setbacks
Lead Dept. PDS Clare Campbell
Status: Not Started Estimated Completion: Q4
Project Description: Council directed staff to prepare an amendment to Title 18 to implement
Comprehensive Plan Programs N3.3.1 and N3.3.2. These programs would explore a 150’ setback along
natural creeks in open space and rural areas west of Foothill Expressway with some exceptions and
provide a border of native riparian vegetation at least 30’ along the creek bank. This project will also
include stakeholder involvement to establish appropriate setback requirements that reflect the
varying natural and channelized conditions along creeks east of Foothill Expressway.
Update:
Staff will seek on-call consultant support to begin this initiative in Fall 2023 with anticipated
completion before the end of the fiscal year.
CC&NE 6. Initiate evaluation of strategies to protect natural habitats such as bird safe glass, wildlife
protection from light pollution, etc
Lead Dept. PDS Amy French
Status: Not Started Estimated Completion: Q4
Project Description:
Strengthen and extend protections to local and migrating birds with changes to bird-safe glass in new
development and reduce nighttime light pollution with updated standards intended to improve
wildlife habitat conditions.
Update:
The City Council appropriated funds in the current fiscal year to support this project. Staff will engage
a consultant to conduct community outreach and prepare updated standards to be reviewed by the
PTC and ARB before presenting an ordinance to Council next year.
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HOUSING FOR SOCIAL & ECONOMIC BALANCE (HS&EB)
HS&EB aa. Approve access to rental units by establishing security deposit limits
Lead Dept. PDS Clare Campbell
Status: Completed Estimated Completion: Q2
Project Description:
Prepare an ordinance to establish a security deposit limit at 1.5 times the monthly rent.
Update:
Council completed 2nd reading of Ordinance 5589 June 19, 2023.
HS&EB bb. Provide protections to renters by considering expansion of the just cause eviction
ordinance (HSEB16)
Lead Dept. PDS Rebecca Atkinson
Status: On Track Estimated Completion: Q3
Project Description:
Prepare an ordinance to amend just cause eviction regulations to include properties built within the
last 15 years, excluding units occupied less than a year or single-family homes not owned by a
corporation or renters who live in a duplex when one unit is owner occupied.
Update:
Ordinance 5589 came into effect July 20, 2023 to extend just cause eviction protections to more
rental units in Palo Alto than what were currently covered by State law, namely by extending
protections to properties receiving a certificate of occupancy within the last 15 years. City Council
may take action on August 7, 2023 to extend eviction protections to more rental units by reducing the
minimum time period required for renters to qualify for just cause eviction protections. If adopted,
the additional eviction protections would come into effect Q3 2023.
HS&EB cc. Implement a rental registry to inform future renter protection policies (HSEB15)
Lead Dept. PDS Rebecca Atkinson
Status: On Track Estimated Completion: Q4
Project Description:
Begin discussion with Policy and Services Committee to expand, redesign, and recommend an
implementation strategy for an updated rental survey including, proposed fees, resources, and a
timeline.
Update:
On September 13, 2022, the Policy and Services Committee was presented with recommendations to
expand, redesign, and recommend an implementation strategy for an updated rental survey including
proposed fees, resources, and timeline.
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In February 2023, the City released a Request for Proposals (RFP) for Rental Registry Program
software solutions and professional services. Subsequently, the City received proposals and is
currently in the evaluation and selection process.
In May 2023, both the Human Relations Commission (HRC) and the Planning & Transportation
Commission (PTC) provided recommendations on the Rental Registry Program and draft Ordinance.
Staff will bring the Rental Registry Program and draft Ordinance to the City Council Housing Ad Hoc
Committee in August 31, 2023.
HS&EB dd. Expand housing opportunities through the initiation of a Downtown Housing Plan:
approval of project funding and a consultant contract (HSEB10)
Lead Dept. PDS Clare Campbell
Status: On Track Estimated Completion: Q3
Project Description:
Council to consider accepting an $800K grant from Metropolitan Transportation Commission (MTC) to
develop a downtown housing master plan intended to spur greater housing production in proximity
to fixed transit centers.
Update:
In April 2022 Council authorized the City Manager to accept an $800K grant from Metropolitan
Transportation Commission (MTC) to develop a downtown housing master plan intended to spur
greater housing production in proximity to fixed transit centers. Council also initiated a planning
process, directing staff to identify goals for a Downtown Housing Plan.
An RFP was re-released in February 2023 and a consultant has been identified. The consultant
contract award is expected to be presented to Council in Fall 2023. This project has been delayed due
to insufficient responses to the initial RFP and recognition that additional funds may be required to
initiate the assignment. In addition, PDS staffing resources has been impacted with a recent vacancy
causing a slow-down in progress on task.
HS&EB ee. Advance local and state housing interests through a HCD-compliant Housing Element
(HSEB5)
Lead Dept. PDS Jonathan Lait
Status: Behind Schedule Estimated Completion: Q4
Project Description:
Prepare for Council adoption and California Department of Housing and Community Development
(HCD) certification of an updated housing element that advances the City's housing policy interests,
meets applicable state housing requirements, and demonstrates compliance with the City's regional
housing needs assessment. The Housing Element will incorporate prior Council direction on other
housing topics, including outstanding items from the 2018/2019 Housing Work Plan and recent renter
protection policy initiatives adopted by the City Council. The Housing Element will include an
implementation schedule to complete various policies over the next eight-year housing cycle.
Update:
The draft Housing Element was adopted by Council on May 8, 2023 and submitted to HCD for a 60-
day review.
The City received comments back from the State Housing and Community Development department
on August 4, 2023. HCD has identified a number of topics that require further attention and
refinement. Staff is reviewing the letter and will prepare additional work and provide an updated
schedule for completion to Council.
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HS&EB ff. Advance vision for North Ventura Coordinated Area by adopting a coordinated area plan
(HSEB4)
Lead Dept. PDS Clare Campbell
Status: On Track Estimated Completion: Q4
Project Description:
Create a coordinated area plan for North Ventura to facilitate development of a walkable, mixed-use
neighborhood with multifamily housing, commercial services, and well-defined connections to transit,
bicycle, and pedestrian facilities.
Update:
Staff conducted study sessions with the PTC and Architectural Review Board (ARB) to review the draft
NVCAP in early June. Staff plans for an additional study session with the ARB late summer. Following
this, the CEQA document will be finalized and released for public comment early Fall. Council
certification of the CEQA document and Plan adoption is targeted for December 2023. The NVCAP
document is based on latest Council direction and does not take into consideration any future action
the City Council may take with respect to the Development Agreement application for 340 Portage. If
alignment between a future action on the DA and NVCAP is desired, additional consultant funding
would be required and the estimated completion date would adjust to 2024 Q2.
HS&EB gg. Create new affordable housing opportunities through funding such as a housing land
trust, in particular, CalCHA
Lead Dept. PDS Clare Campbell
Status: On Hold Estimated Completion: 2024
Project Description:
Create new affordable housing opportunities through funding such as a housing land trust, in
particular, California Community Housing Agency (CalCHA).
Update:
This task is un-resourced due to staff vacancies and other competing policy assignments.
HS&EB hh. Explore opportunities to regulate short term-rentals with Council committee
Lead Dept. PDS Clare Campbell
Status: On Hold Estimated Completion: 2024
Project Description:
Explore opportunities to regulate short term-rentals with Council committee.
Update:
This task is un-resourced due to staff vacancies and other competing policy assignments. Per Council
direction, staff will revisit funding opportunities for this item during the FY 2024 Budget midyear
review.
HS&EB 8. Construct preliminary schedule for starting new coordinated area plans (CAPs) for San
Antonio Road, California Ave, Downtown, and El Camino Real
Lead Dept. PDS Jonathan Lait
Status: Not Started Estimated Completion: Q4
Project Description: Development of a preliminary schedule for a CAP for San Antonio is a priority.
Other CAP areas are of interest for Quarter 4 but currently area a lower priority.
Update:
Staff will prepare a tentative scheduled before the end of the year. In the meantime, PDS staff are
working toward related goals with respect to San Antonio. First, coordinating preparation of a study
utilizing Cal Poly San Luis Obispo students. Second, coordinating with OOT staff to submit a Priority
Development Area (PDA) application to MTC/ABAG July 31st to be eligible for grant opportunities
within what the City staff are calling the Bayshore Alma San Antonio PDA as a working title.
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HS&EB ii. Codify permanent standards related to the City local SB9 implementation ordinance
(HSEB 14)
Lead Dept. PDS Amy French
Status: Completed Estimated Completion: Q2
Project Description:
Prepare an ordinance to codify interim SB-9 requirements into the local zoning regulations.
Update:
The City Council approved this ordinance for second reading on June 12. 2023.
HS&EB jj. Approve adjusted Accessory Dwelling Unit (ADU) regulations to facilitate production and
meet HCD requirements (HSEB9)
Lead Dept. PDS Garrett Sauls
Status: Completed Estimated Completion: Q2
Project Description: Adopt an Ordinance That Changes Palo Alto Municipal Code
Chapters 18.04, 18.09, 18.10, 18.12, and 18.40 related to Accessory Dwelling Units and Accessory
Structures. Environmental Assessment: Exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA
Guidelines sections 15061(b)(3), 15301, 15302 and 15305.
Update: Completed. Council approved ordinance 5585 on May 15, 2023 with the second reading
happening on June 5, 2023. Ordinance is now in effect.
HS&EB kk. Respond to various Grand Jury recommendations related to Housing (HSEB 6, 17, 24)
Lead Dept. PDS Clare Campbell
Status: Behind Schedule Estimated Completion: 2024
Project Description:
Recommendation 3. Submit a recommended communication strategy to the City Council to increase
community support for affordable housing.
Recommendation 4. Update format of future comprehensive plan and housing element annual
reports; conduct a ‘lessons learned’ analysis of the NVCAP process.
Recommendation 12b. requires further analysis and outreach to discuss with Santa Clara County the
possibility of entering a memorandum of understanding to leverage Measure A funds.
Update:
Staff vacancies and competing priorities have resulted in a delay completing the Grand Jury
recommendations; one recommendation requires completion of the NVCAP process before this task
can be completed, potentially extending this task to 2024 Q3. Staff will engage the City Council
Housing Ad Hoc on the remaining outstanding recommendations; 3, 4, and 12b.
HS&EB ll. Refine implementation of City’s SB9 objective development and urban lot split standards
(HSEB 14)
Lead Dept. PDS Amy French
Status: On Track Estimated Completion: Q4
Project Description:
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Prepare a resolution that updates the City’s objective standards related to SB-9 development and lot
split standards. This project is distinguished from the ordinance task in HS&EB ii, which as an
ordinance the made code changes to reflect changes in state law whereas this task refines specific,
objective development standards. These changes will be reviewed by Council as a resolution as
opposed to an ordinance.
Update:
Staff presented to the ARB and to the Planning and Transportation Commission. Outreach to architect
and neighborhood groups is anticipated to begin in late summer and a revised set of regulations by
Q4.
HS&EB mm. Adopt an ordinance amending the development standards for Stanford-owned housing
opportunity sites
Lead Dept. PDS Amy French
Status: On Track Estimated Completion: Q4
Project Description:
Resolution Amending the Land Use Element of the Palo Alto Comprehensive Plan and an Ordinance
Amending Title 18 (Zoning) to Implement Housing Element Program 1.1A and 1.1B
Update:
PDS staff and consultant are targeting the September 13, 2023 PTC meeting for review and
recommendation to Council of amendments to the Comprehensive Plan Land Use Element and Title
18, to enable presentation to the City Council in Q4.
HS&EB nn. Rezone carryover housing opportunity sites for by-right development when developed
with 20% lower income affordable housing units
Lead Dept. PDS Amy French
Status: On Track Estimated Completion: Q4
Project Description:
Resolution Amending the Land Use Element of the Palo Alto Comprehensive Plan and an Ordinance
Amending Title 18 (Zoning) to Implement Housing Element Program 1.1A and 1.1B
Update:
PDS staff and consultant are targeting the September 13, 2023 PTC meeting for review and
recommendation to Council of amendments to the Comprehensive Plan Land Use Element and Title
18, to enable presentation to the City Council in Q4.
HS&EB oo. Adopt an ordinance to implement revised development standards for certain properties
located in the GM/ROLM to allow for densities up to 90 units/acre
Lead Dept. PDS Amy French
Status: On Track Estimated Completion: Q4
Project Description:
Resolution Amending the Land Use Element of the Palo Alto Comprehensive Plan and an Ordinance
Amending Title 18 (Zoning) to Implement Housing Element Program 1.1A and 1.1B
Update:
PDS staff and consultant are targeting the September 13, 2023 PTC meeting for review and
recommendation to Council of amendments to the Comprehensive Plan Land Use Element and Title
18, to enable presentation to the City Council in Q4.
HS&EB 9. Evaluate RHNA housing allocation and encourage housing production that reflects the
needs of the community
Lead Dept. PDS Jonathan Lait
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Status: Behind Schedule Estimated Completion: Q4
Project Description:
This work item is merged with HS&EB ee related to the adoption of a certified the Housing Element.
The Housing Element is the City’s policy document that distributes RHNA allocation throughout the
City in a manner that reflects the Council’s future housing production and goals for the community.
Update:
The city received comments back from the State Housing and Community Development department
on August 4, 2023. HCD has identified a number of topics that require further attention and
refinement. Staff is reviewing the letter and will prepare additional work and provide an updated
schedule for completion to Council.
HS&EB 10. Establish an ad hoc committee on housing to review housing policies
Lead Dept. PDS Jonathan Lait
Status: Completed Estimated Completion: Q2
Project Description:
The Housing Ad Hoc, consisting of Vice Mayor Stone and Councilmember Lauing, meet with staff with
the intent to advance the City Council’s goal related to Housing for Social and Economic balance; to
explore opportunities to expand housing production; and provide guidance on ongoing housing-
related policy work and initiatives.
Update:
The Housing Ad Hoc met on June 15, 2023 to discuss expectations and goals, format and schedule,
received an overview of ongoing work and identified future topics to consider. The committee next
meets on August 10, 2023 to initiate a discussion about affordable housing funding opportunities,
followed by a public meeting on August 31, 2023 to consider an update on the City’s Rental Registry
effort.
HS&EB pp. Begin construction in partnership with LifeMoves for Palo Alto Homekey project to
provide transitional housing and services for unhoused residents (HSEB13)
Lead Dept. CMO Melissa McDonough
Status: On Track Estimated Completion: Q3
Project Description:
In collaboration with the City’s partner for its Project HomeKey application, negotiate and reach
agreement on an operating agreement and/or lease agreement to memorialize the partnership and
operating and financial terms.
Update:
On June 12, 2023 Council approved a lease agreement with LifeMoves for the location, construction,
and operation of Project Homekey and a revenue agreement with the County of Santa Clara Office of
Supportive Housing for pass through of the City’s annual contribution toward shelter operations to
LifeMoves, as well as ongoing monitoring of operational performance.
As reported to Council in the March 27, 2023 information item, site work is scheduled to begin in Q3
of 2023.
HS&EB qq. Develop a citywide strategy to connect unhoused residents to housing and services
Lead Dept. CMO Melissa McDonough
Status: On Hold Estimated Completion: 2024
Project Description:
Develop a citywide strategy to connect unhoused residents to housing and services
Update:
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As time allows, staff will continue to document and better understand the City's role and
opportunities for improvement in connecting unhoused residents to housing and services. Work
towards developing a formal citywide strategy (e.g., procuring, then managing a consultant), was
deferred by Council and will be re-evaluated at FY 2024 Midyear review.
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COMMUNITY HEALTH & SAFETY (CH&S)
CH&S rr. Complete reopening libraries to budgeted level (remains below pre-pandemic levels)
(CHS5)
Lead Dept. LIB Gayathri Kanth
Status: On Track Estimated Completion: Q4
Project Description:
Further open libraries to include weekend and additional open days in alignment with service levels
authorized as part of the annual budget, including events.
Update:
In response to Council’s FY 2023 Budget Adoption, the Library expanded hours, both Mitchell Park
and the Rinconada Library to six days a week; and the Children’s, Downtown and College Terrace
Libraries opened four days a week. On June 19 , 2023, the City Council adopted the FY 2024 Budget to
restore additional hours to the Library. This includes adding a fifth day of service to the College
Terrace and Downtown Libraries; a sixth day to the Children’s Library and a seventh day to Mitchell
Park and Rinconada Libraries; and the hiring of additional staff.
The Library is working with the Human Resources Department to fill vacancies and move forward with
the expansion of library hours.
CH&S ss. Approval of multi-year agreement for provisions of animal shelter services (CHS1)
Lead Dept. CSD Kristen O’Kane
Status: On Track Estimated Completion: Q3
Project Description:
In collaboration with the City’s current service provider Pets in Need (PIN), work to review services,
infrastructure needs, and determine next steps such as contract negotiations and approvals. On
February 14, 2022 Council directed staff to proceed with negotiating a long-term contract with Pets in
Need for animal services.
Update:
In collaboration with the City’s current service provider Pets in Need (PIN), work to develop a new
Agreement that clearly identifies the level of service to be provided and City’s commitment for shelter
improvements. The PIN Contract has been extended to September 30, 2023; and progress has been
made on negotiating a Term Sheet framework for a new Agreement. Staff expects to present a final
proposed Term Sheet to Council in August 2023.
Item 9
Attachment B - 2023
Council Priorities and
Objectives Q2 Update
Item 9: Staff Report Pg. 23 Packet Pg. 190 of 196
CH&S tt. Expand and enhance community special events with focus on inclusion (linked to activities
in ERT)
Lead Dept. CSD Kristen O’Kane
Status: Not Started Estimated Completion: Q4
Project Description:
Provide support to reinvigorate CSDs current special events and propose new events particularly
along California Ave and University Ave to support economic development in those areas. Provide
more opportunities for residents to engage and gather, promoting a healthy community.
Update:
The City Council approved a new position in CSD to focus on special events and marketing in the FY
2024 Adopted Budget. This work will begin when the position is filled, however; the position has not
yet been posted for recruitment.
CH&S uu. Approve agreement with PAUSD on long-term use of the Cubberley property (CHS2)
Lead Dept. CSD Kristen O’Kane
Status: On Track Estimated Completion: Q4
Project Description:
Define next steps regarding long-term use of the Cubberley Community Center, specifically the City-
owned portion.
Update:
Updates on next steps regarding use of the Cubberley Community Center include communication
with PAUSD on potential land acquisition and other options for the Cubberley site. A council study
session was held on May 15, 2023 to discuss a letter from the PAUSD Board inviting the City to submit
proposals to acquire additional land at Cubberley. Staff is developing proposals in preparation for a
Closed Session discussion in August 2023. Invitations to bid for mediation at Cubberley Gyms A and B
were released, which have been closed since February 2022 due to damage caused by water line
breaks.
CH&S vv. Evaluate Recreation Wellness Center Feasibility (CHS14)
Lead Dept. CSD Kristen O’Kane
Status: On Track Estimated Completion: Q4
Project Description:
Council directed staff and the Parks and Recreation Commission to conduct public outreach on a new
gym, including location, siting, gym features, cost estimates, funding timeline, demand assessment
and prioritization of projects, and to investigate fundraising.
Update:
The Parks and Recreation Commission Ad Hoc Committee and staff held a community meeting on
March 7, 2023, followed by a community survey. The next community meeting to gain input on
preferred location is being planned with a date to be determined. Staff will then return to the City
Council with a proposal and next steps.
CH&S 11. Evaluate increasing HSRAP funding during the FY 2024 budget process
Lead Dept. CSD Minka Van Der Zwaag
Status: Completed Estimated Completion: Q3
Project Description:
The Human Services Resource Allocation Process (HSRAP) provides grant funding on a 2-year cycle to
social service providers in Palo Alto. Staff were asked to evaluate an increase in funding and
proposed an additional $50,000 in the FY24 Proposed Budget.
Update:
Item 9
Attachment B - 2023
Council Priorities and
Objectives Q2 Update
Item 9: Staff Report Pg. 24 Packet Pg. 191 of 196
The City Council approved an additional $200,000 in funding for HSRAP grantees in the FY 2024
Adopted Budget. The Human Relations Commission has approved funding allocations in that amount
and staff and the HRC will bring those allocations to Council in September 2023 for approval.
CH&S 12. Facilitate a location for La Comida in North Palo Alto
Lead Dept. CMO Ed Shikada
Status: On Track Estimated Completion: Q3
Project Description:
La Comida is a nonprofit organization focused on senior nutrition, it provides hot lunch meals to
seniors in Palo Alto. La Comida had previously provided services at the Avenidas Senior Center on
Bryant St, but after building renovations, the dining space was significantly reduced making
operations infeasible. Council would like to facilitate a permanent location in North Palo Alto for
ongoing senior lunch services.
Update:
In the interim Avenidas has set up a temporary structure in its parking lot to accommodate up to 65
seniors for lunch. Alternative locations are currently being explored, though ADA constraints and
facility availability are among the challenges with existing options.
CH&S 13. Increase support and funding for youth mental health
Lead Dept. CSD Kristen O’Kane
Status: On Hold Estimated Completion: 2024
Project Description:
Staff included $100,000 in CSD’s FY24 Proposed Budget to support youth mental health, however; the
City Council chose not to include funding until a plan is in place.
Update:
Staff will develop a plan to increase support and funding for youth mental health before requesting
additional funding.
CH&S ww. Support visible police presence by ensuring stable staffing (recruiting and retention)
through hiring ahead program (CHS6)
Lead Dept. PD Andrew Binder
Status: On Track Estimated Completion: Q4
Project Description:
As authorized by Council as part of the FY 2022 Mid-Year Budget review, maintain a pipeline of
recruits for police officer staffing including up to an additional five officers via a hire-ahead program.
Update:
Currently, the Police Department has eleven Full Time Equivalent (FTE) Police Officer positions that
are vacant. Once the vacancies are filled, the next priority will be on the hire-ahead program for the
recruitment of an additional five officers.
CH&S xx. Support a diverse community through extension of the Psychiatric Emergency Response
Team (PERT) program services to the community through affirmation of continued City financial
support
Lead Dept. PD Eric Jensen & April Wagner
Status: Completed Estimated Completion: Q2
Project Description:
Provide funding for two PERT Mental Health Clinicians through Santa Clara County Behavioral Health
Services to allow for 7-day per week PERT Team coverage.
Item 9
Attachment B - 2023
Council Priorities and
Objectives Q2 Update
Item 9: Staff Report Pg. 25 Packet Pg. 192 of 196
Update:
Two PERT Mental Health Clinicians offset by SUMC funds approved as part of 6.19.23 budget
adoption. The PERT MOA with SCC County is scheduled to be on City Council agenda for approval in
September 2023.
CH&S yy. Update without interruption 911 dispatch system (CAD provider) once selected through
procurement process (CHS4)
Lead Dept. PD Nicole Frazier
Status: On Track Estimated Completion: Q4
Project Description:
The Police Department is working with its consortium partners (Mountain View and Los Altos) to
identify a new CAD system to replace the legacy system version. Staff will return to Council with a
recommendation for purchasing a new CAD system.
Update:
An RFP for the replacement of the 911 dispatch system will be completed by July 2023. Staff will
return to Council with a recommendation for purchasing a new CAD system by Winter 2023.
CH&S zz. Begin construction of the Gas Main Replacement Project 24B
Lead Dept. UTL Dean Batchelor
Status: On Track Estimated Completion: Q4
Project Description:
The project will abandon 1.3 miles of pre-1955 carbon steel pipelines and 2.1 miles of Polyvinyl
chloride pipelines with replacement of equivalent measurements of pipeline in 2”, 4” or 6” diameter
Polyethylene pipe. Currently, PVC pipe material is listed as the #1 DIMP risk due to the nature of the
pipeline’s brittleness, potential of glued joints drying out, and the high probability of excavation
damage. The area of the project reaches University Avenue, Geng Road and Town and Country
Village.
Update:
This was a full IFB and bids were due on August 1, 2023. Staff will evaluate bids and recommend
contract award late 2023.
CH&S aaa. Approve updated Local Hazard Mitigation Plan and Community Wildfire Protection Plan
(CHS15)
Lead Dept. OES Ken Dueker
Status: On Track Estimated Completion: Q4
Project Description:
OES will be coordinating with the County on updates to emergency plans, including the Palo Alto Local
Hazard Mitigation Plan (LHMP).
Update:
Council received a progress report on September 12, 2022. Extensive community engagement is
planned in the coming months, with final recommendations and adoption of the plan targeted for
2023.
The Santa Clara County planning cycle for updating the Community Wildfire Protection Plan (CWPP) is
also pending.
CH&S bbb. Implement Foothills Fire Management Plan (FFMP) (CHS3)
Lead Dept. OES Ken Dueker
Status: On Track Estimated Completion: Q4
Project Description:
Item 9
Attachment B - 2023
Council Priorities and
Objectives Q2 Update
Item 9: Staff Report Pg. 26 Packet Pg. 193 of 196
Staff is working on various efforts related to improving the City’s planning in collaboration with Santa
Clara County and other allied agencies and entities. Efforts include not only emergency planning, but
also early warning technology, and updating operational and procedural elements within the City
organization to mitigate the risks associated with a fire in the foothills. The Q4 metric above pertains
to this timeframe.
NOTE: The FFMP is a multi-year plan with OES, Fire Department, Public Works, Utilities, Community
Services Department coordinated via the Foothills Fire Management Team (aka Foothills Wildfire
Coordination Team). The critical evacuation route mitigation work has been completed as of July
2023.
Update:
The Office of Emergency Services (OES) continues to participate in the South Bay Incident
Management Team (SB-IMT), lead a multi-departmental Foothills Fire Management Plan group, and
lead the Silicon Valley Homeland Security Coordination Group (SV-HSCG). Equipment improvements
include early fire detection, thanks to partnership with alertwildfire.org. OES is also working on the
deployment of solar battery back-up improvements in key locations to keep equipment online when
electricity may be disrupted or disconnected during a fire.
Regional Evacuation Planning: OES, Fire, Police are coordinating with Santa Clara County Fire
Department and other stakeholders (including Stanford University) on evacuation planning and
deployment of new systems, such as ZoneHaven.
Utilities Wildfire Mitigation Plan: Undergrounding of electric lines and other safety improvements.
Public Works, Community Services Department, Fire Department: ongoing work to reduce flammable
vegetation and other “fuels” in the foothills.
CH&S ccc. Advance final construction phase of Public Safety Building and begin preparations for
move-in (CHS9)
Lead Dept. PWD Holly Boyd
Status: On Track Estimated Completion: Q4
Project Description:
Continue construction of the new facility in the California Avenue area including build and fixtures,
furniture, and equipment, with the Public Safety Building construction scheduled to be completed in
fall 2023.
Update:
Construction of the new Public Safety Building (PSB) facility on California Avenue is scheduled to be
completed in Fall 2023, followed by furniture and equipment installation, communication testing and
setup. Move-in timelines project the PSB to be fully operational in early 2024.
CH&S ddd. Approve next steps for the rebuild of Fire Station No. 4 project (specifically design and
entitlements) (CHS17)
Lead Dept. PWD Holly Boyd
Status: On Track Estimated Completion: Q3
Project Description:
Complete schematic design of the new Fire Station No. 4 and begin design development stage on a
schedule to allow construction to begin in Fiscal Year 2024.
Update:
Design of the new Fire Station No. 4 is in progress. Staff held a study session with the Architectural
Review Board in March. Design development is nearly complete and a formal ARB hearing is
scheduled for August. Staff is recommending limiting the ARB to one formal meeting in order to
complete the design and meet the grant deadline of awarding a construction contract by June 30,
2024. A $5.2 million state budget earmark has been received in support of the project. The project is
on track to begin construction in the first quarter of FY 2025.
Item 9
Attachment B - 2023
Council Priorities and
Objectives Q2 Update
Item 9: Staff Report Pg. 27 Packet Pg. 194 of 196
CH&S eee. Approve resources and consultant to study and develop seismic and resiliency ordinance
(CHS20)
Lead Dept. PDS George Hoyt
Status: On Track Estimated Completion: Q4
Project Description:
Comprehensively update the City’s seismic rehabilitation ordinance with mandatory and voluntary
measures to seismically strengthen vulnerable buildings.
Update:
Initial project funding established for FY 2024. A brief reintroduction is schedule for the August 8,
2023 Policy and Services Committee meeting. Following the Policy and Services meeting, staff will
develop an RFP Scope of Work and begin that process. After selection of a consultant, staff will
update the project timeline for completion.
CH&S fff. Update gas-powered leaf blower ordinance and enforcement plan (CHS16)
Lead Dept. PDS Amy French
Status: On Track Estimated Completion: Q3
Project Description:
Amend the noise ordinance to specifically cite those that employ or use gas-powered blowers in
residential districts; modify citation authority that prevents immediate citation issuance upon
violation.
Update:
Council adopted ordinance changes June 19, 2023 on first reading and the second reading is
scheduled for August 7, 2023.
CH&S ggg. Implement a strategy for the provision and promotion of unleaded fuel at Palo Alto
Airport (CHS12)
Lead Dept. PWD Andy Swanson
Status: On Track Estimated Completion: Q4
Project Description:
Complete upgrades at airport facilities to provide for the sale of unleaded fuel, bring unleaded fuel to
the airport, and work with users to promote use of the fuel.
Update:
The tank was lined in March 2023, and the primary skid for piping and filtration was delivered and
installed in May 2023. There continues to be supply chain issues with the final parts for piping, but
delivery is expected by August 2023. A fuel delivery will be scheduled after final installation. Airport
staff continues to communicate with the fuel providers and pilots to ensure that once the tank is
ready, the fuel will be available for aircraft that have obtained the necessary supplemental type
certificate.
CH&S hhh. Approval of quiet zone implementation (rail/train crossings)
Lead Dept. OOT
Status: Completed Estimated Completion: Q2
Project Description:
Approval of conceptual design for implementation of quiet zone at Palo Alto Avenue crossing on
Caltrain corridor
Update:
In June 2023, City Council approved the conceptual plan and directed staff to proceed with design and
construction of improvements for quiet zone implementation at Palo Alto Avenue. Staff is seeking
consultant support to perform final design and seek CPUC approval for construction of required
improvements. Additionally, Staff is initiating an RFP to seek services of the consultant to conduct a
Item 9
Attachment B - 2023
Council Priorities and
Objectives Q2 Update
Item 9: Staff Report Pg. 28 Packet Pg. 195 of 196
quiet zone study for the other three crossings at Churchill Avenue, Meadow Drive and Charleston
Road.
CH&S iii. Continue engagement with San Francisco Airport on SFO's Ground Based Augmentation
System (GBAS) project and other potential opportunities to decrease SFO noise impacts on Palo
Alto (CHS11)
Lead Dept. PWD
Status: On Track Estimated Completion: Q4
Project Description:
Complete consultant review of SFO Ground Based Augmentation System (GBAS) proposal and
consider submitting a comment letter, while tracking other issues that may arise.
Update:
The consultant review of SFO’s Ground Based Augmentation System (GBAS) proposal was completed
in spring 2022. Following a third community meeting hosted by Palo Alto, a letter was sent to SFO
expressing the City’s concerns about the proposal. Council held a study session in August 2022 to
discuss updates. Staff continues to work with community members on their concerns regarding SFO
noise issues over the City, including defining a scope of work for consultant services to assist in this
ongoing effort, using the FY 2024 funding provided through the budget process.
Item 9
Attachment B - 2023
Council Priorities and
Objectives Q2 Update
Item 9: Staff Report Pg. 29 Packet Pg. 196 of 196
City Council
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: City Manager
Meeting Date: August 21, 2023
Report #:2308-1928
TITLE
Palo Alto and Bloomington, Indiana Sibling Cities Annual Report for 2022 and Upcoming Events
RECOMMENDATION
Receive this informational report about the Palo Alto and Bloomington, Indiana Sibling Cities
Annual Report for 2022 and information about upcoming events.
BACKGROUND AND ANALYSIS
The City of Palo Alto became the part of the first of its kind Sibling City partnership at the end of
2021 when the City partnered with the City of Bloomington, Indiana as Sibling Cities. This
partnership, similar to Sister City partnerships that the City has with 8 cities around the world,
allows the Palo Alto and Bloomington communities to connect on culture, education,
sustainability, and other topics of interest to both cities.
At the time of adoption in Palo Alto, the City Council requested an annual report from Sibling
Cities USA and Neighbors Abroad about progress on this first-of-its-kind partnership. The first
annual report is included here as Attachment B.
In addition to the annual report, the Palo Alto-Bloomington Sibling City committee will be
hosting some upcoming events as an opportunity for further dialogue between members of the
two communities. The flyer for the upcoming sessions is included with this information report
as Attachment A.
FISCAL/RESOURCE IMPACT
No fiscal impact.
Item AA1
AA1 Staff Report
Item AA1: Staff Report Pg. 1 Packet Pg. 197 of 218
STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
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AA1 Staff Report
Item AA1: Staff Report Pg. 2 Packet Pg. 198 of 218
B r i d g i n g r e g i o n a l D i v i d e s , S e p t 1 7
C l i m a t e A c t i o n , O c t 8
R a c e & B e l o n g i n g , N o v 1 2
SIBLING CITIES TOWN HALLS
B l o o m i n g t o n , I N & P a l o A l t o , C A
Residents will gather in person in each city and connect virtually with the other city.
Co-sponsors:
Sundays, 4-6 pm ET / 1-3 pm PT
What are they thinking in ourSibling City? Let's find out!
Locations:
Bloomington Palo Alto
Downtown, 303 E. Kirkwood 3700 Middlefield Road
Register Here:
Item AA1
Attachment A - Flyer of
Upcoming Sessions
Item AA1: Staff Report Pg. 3 Packet Pg. 199 of 218
SIBLING
CITIES USA
BLOOMINGTON-PALO ALTO
ANNUAL REPORT FOR 2022
Item AA1
Attachment B - Palo Alto and
Bloomington Annual Report for 2022
Item AA1: Staff Report Pg. 4 Packet Pg. 200 of 218
INTRODUCTION
On February 15, 2022, the
mayors of Bloomington, IN
and Palo Alto, CA entered the
first-ever Sibling Cities
agreement during a launch
celebration. This report
summarizes the highlights
from the following year.
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Attachment B - Palo Alto and
Bloomington Annual Report for 2022
Item AA1: Staff Report Pg. 5 Packet Pg. 201 of 218
We connect community
organizations to build
friendship, respect, and
cultural understanding
We encourage
economic collaboration
and sharing of best
practices for equitable
growth, innovation, and
shared prosperity
COMMUNITY COMMERCE CIVIL DISCOURSE
We foster
understanding,
respect, and trust
through discussions
on challenging policy
issues
THREE PILLARS OF CONNECTION
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Bloomington Annual Report for 2022
Item AA1: Staff Report Pg. 6 Packet Pg. 202 of 218
Bipartisan National Support for SCUSA
I applaud this inaugural effort … and
hope it leads to many future Sibling
City relationships that connect and
unite us as a nation. –Rep. Anna
Eshoo (CA)
Sibling Cities USA takes an approach
… that recognizes the essential role
communities play in our democracy.
It is a welcome effort in these
divided times. -David Mathews,
former Cabinet SecretaryWe look forward to the mutual respect,
bridging of divides, and unifying pride
in being fellow Americans that we
believe could result from such a
program. -Tom Cochran, CEO US Conf of Mayors
Item AA1
Attachment B - Palo Alto and
Bloomington Annual Report for 2022
Item AA1: Staff Report Pg. 7 Packet Pg. 203 of 218
2022 SCUSA LEADERSHIP
Founder &
CEO
Bloomington
Coordinator
VICKI VEENKER KAREN HOWE FERNANDEZ
Former Palo Alto
Coordinator & Neighbors
Abroad Liaison
ANDIE REED
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Attachment B - Palo Alto and
Bloomington Annual Report for 2022
Item AA1: Staff Report Pg. 8 Packet Pg. 204 of 218
2022 HIGHLIGHTS
Virtual Kickoff
February 2022
High School
Essay Contest
March 2022
Delegation Visit To
Bloomington
May 2022
Bloomington Innovation
Award Celebration
May 2022
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Attachment B - Palo Alto and
Bloomington Annual Report for 2022
Item AA1: Staff Report Pg. 9 Packet Pg. 205 of 218
2022 HIGHLIGHTS
Delegation Visit to
Palo Alto
November 2022
Civil Discourse
Launch
February 2023August 2022
Bloomington Sign
Unveiled at PA City Hall
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Attachment B - Palo Alto and
Bloomington Annual Report for 2022
Item AA1: Staff Report Pg. 10 Packet Pg. 206 of 218
Cornell William Brooks
Former NAACP President and
Harvard Professor
Tara VanDerveer
Indiana University Alumna
and Stanford Women’s
Basketball Head Coach
PALO ALTO-BLOOMINGTON KICKOFF EVENT
February 2022
-Mayors signed
Sibling Cities
Agreement
-150 Attendees
Keynote
Speakers:
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Bloomington Annual Report for 2022
Item AA1: Staff Report Pg. 11 Packet Pg. 207 of 218
DELEGATION VISITS
BLOOMINGTON
May 2022
-Dimension Mill Visit
-City Hall Tour with Mayor Hamilton
-Lunch Meeting at IU Cook Center for Arts
& Humanities with BEDC and Chamber of
Commerce
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Attachment B - Palo Alto and
Bloomington Annual Report for 2022
Item AA1: Staff Report Pg. 12 Packet Pg. 208 of 218
DELEGATION VISITS
BLOOMINGTON
May 2022
-Visit to Teacher’s Warehouse
-Brown County sightseeing with concert by
Jacobs School of Music students at
Nashville Art Guild
-Gathering with members of the
Bloomington Rotary Club
Item AA1
Attachment B - Palo Alto and
Bloomington Annual Report for 2022
Item AA1: Staff Report Pg. 13 Packet Pg. 209 of 218
DELEGATION VISITS
PALO ALTO
November 2022
-Welcome Lunch by Neighbors
Abroad
-Climate Summit with US
Department of Energy Asst.
Secretary Ali Nouri
-Civil Discourse Planning Meeting
-Economic Roundtable at City Hall
with the PA Chamber of Commerce
Item AA1
Attachment B - Palo Alto and
Bloomington Annual Report for 2022
Item AA1: Staff Report Pg. 14 Packet Pg. 210 of 218
DELEGATION VISITS
PALO ALTO
November 2022
-IU Alumni Association Reception
-Stanford, Art Center, Downtown, and
other tours
-Jacobs School String Quartet
Performance
-Rotary dinner
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Attachment B - Palo Alto and
Bloomington Annual Report for 2022
Item AA1: Staff Report Pg. 15 Packet Pg. 211 of 218
Tom Ehrlich
Former Stanford Dean
and
IU President
Joan Blades
Co-Founder,
Living Room
Conversations
CIVIL DISCOURSE LAUNCH
February 2023
-40+ Attendees
-Event included our
first cross-cities
discussion groups
Keynote Speakers:
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Bloomington Annual Report for 2022
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10
Joint Steering
Comm. Meetings
IMPACT METRICS
26
Delegates visit their
Sibling City led by Rotary
6
High school Essay
Contest winners 65
Attend Civil Discourse
Planning Meeting
36
Connected
organizations
150
Attendees at Virtual
Kickoff
200
Cans of food & $1000
raised in Kiwanis fundraiser
200
Attend Climate
Summit
200+
Participants and
supporters
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Bloomington Annual Report for 2022
Item AA1: Staff Report Pg. 17 Packet Pg. 213 of 218
-COMMUNITY: Counterpart groups will
continue to meet, exchange ideas, and
undertake joint projects
-COMMERCE: The business communities
will continue to share best practices and
discuss economic development
-CIVIL DISCOURSE: Town Halls and small
group discussions will take place
throughout the year
LOOKING FORWARD
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Bloomington Annual Report for 2022
Item AA1: Staff Report Pg. 18 Packet Pg. 214 of 218
ESSAY WINNERS TO TRAVEL TO THE NETHERLANDS
Summer 2023
-High school students wrote
about civil courage
-6 winners; 3 from each city
-Winners will travel to
Enschede, Muenster, &
Amsterdam
-Sponsored by Neighbors
Abroad
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Attachment B - Palo Alto and
Bloomington Annual Report for 2022
Item AA1: Staff Report Pg. 19 Packet Pg. 215 of 218
FALL 2023 CIVIL DISCOURSE TOWN HALLS
August 2023
Regional Divides:
What’s the need for
Sibling Cities?
October 2023
Climate Action &
Sustainability
November 2023
Race, Equity, &
Belonging
Item AA1
Attachment B - Palo Alto and
Bloomington Annual Report for 2022
Item AA1: Staff Report Pg. 20 Packet Pg. 216 of 218
WANT TO GET INVOLVED?
-Join a Town Hall
Planning Group
-Host a Living Room
Conversation
Civil
Discourse
Join a Committee:
-Joint Steering Comm.
-Civil Discourse
SCUSA
Leadership
-Community Group
Projects
-Business/Commerce
Connections
Counterpart
Connection
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Attachment B - Palo Alto and
Bloomington Annual Report for 2022
Item AA1: Staff Report Pg. 21 Packet Pg. 217 of 218
CONTACT US!
Vicki Veenker:
vicki@siblingcitiesusa.org
Karen Howe Fernandez:
bloomington@siblingcitiesusa.org
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Bloomington Annual Report for 2022
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