HomeMy WebLinkAbout2010-07-12 City Council Agenda Packet
07/12/10
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER
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CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
Agenda posted according to PAMC Section 2.04.070. A binder containing supporting materials is available in the Council
Chambers on the Friday preceding the meeting.
Special Meeting
Council Chambers
July 12, 2010
6:00 PM
ROLL CALL
CLOSED SESSION
Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker. THE FOLLOWING CLOSED SESSION WILL BE HELD WITH THE CITY LABOR NEGOTIATORS
1. CONFERENCE WITH LABOR NEGOTIATORS
City Designated Representatives: City Manager and his designees
pursuant to Merit System Rules and Regulations (James Keene,
Pamela Antil, Dennis Burns, Roger Bloom, Lalo Perez, Joe Saccio, Russ
Carlsen, Sandra Blanch, Marcie Scott, Darrell Murray)
Employee Organization: Local 1319, International Association of
Firefighters
Authority: Government Code Section 54957.6(a)
CONFERENCE WITH LABOR NEGOTIATORS
City Designated Representatives: City Manager and his designees
pursuant to Merit System Rules and Regulations (James Keene,
Pamela Antil, Dennis Burns, Lalo Perez, Joe Saccio, Russ Carlsen,
Sandra Blanch, Marcie Scott, Darrell Murray)
Employee Organization: Palo Alto Police Managers’ Association (Sworn)
Authority: Government Code Section 54957.6(a)
2 07/12/10
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER
DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY
CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
7:30 p.m. or as soon as possible thereafter
SPECIAL ORDERS OF THE DAY
2. Selection of Candidates to be Interviewed for the Public Art
Commission
ATTACHMENT
3. Selection of Candidates to be Interviewed for the Planning &
Transportation Commission
ATTACHMENT
CITY MANAGER COMMENTS
ORAL COMMUNICATIONS
Members of the public may speak to any item not on the agenda; three minutes per speaker. Council reserves the right to limit the duration or Oral Communications period to 30 minutes.
APPROVAL OF MINUTES
June 7, 2010
June 14, 2010
June 16, 2010
June 21, 2010
AGENDA CHANGES, ADDITIONS, AND DELETIONS
HEARINGS REQUIRED BY LAW: Applications and/or appellants may have up to ten minutes at the outset of the
public discussion to make their remarks and put up to three minutes for concluding remarks after other members
of the public have spoken.
ACTION ITEMS
Include: Public Hearings, Reports of Committees/Commissions, Ordinances and Resolutions, Reports of Officials, Unfinished Business and Council Matters
4. Public Hearing: Stanford University Medical Center Facilities Renewal
and Replacement Project-Meeting to Accept Comments on the Draft
3 07/12/10
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER
DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY
CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
Environmental Impact Report (Draft EIR) for the Stanford University
Medical Center Facilities Renewal and Replacement Project, Including
an Overview of the Transportation, Climate Change, and Air Quality
Chapters of the Draft EIR
CMR 279:10 and ATTACHMENTS
5. Recommendation of High Speed Rail Committee for Council Review of
and Direction Regarding Draft Scope of Work and Creation of a Task
Force for Palo Alto Rail Corridor Study
CMR 307:10 and ATTACHMENTS Public Comment
6. City Clerk’s Report Certifying Sufficiency of Charter Amendment
Petitions Regarding Adding Article IX Fire and Emergency Medical
Services Minimum Protection and Adoption of a Resolution Calling a
Special Election for November 2, 2010, Submitting to the Electorate
for Special Election an Initiative Measure to Amend the Charter of the
City of Palo Alto to Specify Minimum Staffing and Service Levels for
Fire Department Personnel and of Fire Stations and Fire Station
Locations and Require a Referendum Vote for any Proposal to Reduce
Such Levels
ATTACHMENT ATTACHMENT
7. Approval of Three Year Software Consulting Services Contract with
Sierra Infosys Inc. in the Amount of $750,000 for the Support and
Maintenance of SAP Industry-Specific Solution for Utilities, SAP
Financials, Customer Relationship Management System, Business
Intelligence System and Utilities Customer Electronic Services
CMR 291:10 and ATTACHMENTS
4 07/12/10
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER
DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY
CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
CONSENT CALENDAR
Items will be voted on in one motion unless removed from the calendar by two Council Members.
8. Approval of three Contracts with: 1) Navigant Consulting Inc. for
Electric Regulatory and Technical Consulting Services for a Total
Amount Not to Exceed $245,000 for Fiscal Years 2011, 2012, and
2013; 2) Flynn Resources Consulting Inc. for Electric Regulatory and
Technical Consulting Services for a Total Amount Not to Exceed
$230,000 for Fiscal Years 2011, 2012, and 2013; 3) Navigant
Consulting Inc. for Gas Regulatory and Technical Consulting Services
for a Total Amount Not to Exceed $325,000 for Fiscal Years 2011,
2012, and 2013
CMR 296:10 and ATTACHMENTS
9. Approval of a Memorandum of Understanding With the Santa Clara
Valley Water District to Provide up to $271,785 Per Fiscal Year for a
Total of $815,355 Over Three Fiscal Years for the Continued
Administration of and Funding for Water Conservation Programs and
Rebates for City of Palo Alto Utilities’ Customers
CMR 295:10 and ATTACHMENTS
10. Approval of a Contract with J.J.R. Construction, Inc. in the Amount of
$525,232 for the 2010 Street Maintenance Program College Terrace
Area Concrete Capital Improvement Program Project PE-86070
CMR 303:10 and ATTACHMENTS
11. Approval of a Contract with TruGreen LandCare for a Period of Three
Years for Tree Maintenance Services with Funding for the First Year
Approved in the Not to Exceed Amount of $280,000 and a Total
Amount of $840,000 for all Three Years
CMR 298:10 and ATTACHMENTS
5 07/12/10
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER
DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY
CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
12. Adoption of a Resolution Expressing Appreciation to Marc Marchiel for
Outstanding Public Service as a Member of the Library Advisory
Commission
ATTACHMENT
13. Approval of Amendment No. Three to Contract No. C07116703
Between the City of Palo Alto and C-Way Custodian Services to
Increase the Annual Compensation Amount by $141,144 for a Total
Annual Compensation Amount of $718,951 Per Year (for the
Remaining 1.4 Years of the Contract) to Provide Custodial Cleaning
Services at Selected City Facilities
CMR 302:10 and ATTACHMENTS
COUNCIL MEMBER QUESTIONS, COMMENTS, AND ANNOUNCEMENTS
Members of the public may not speak to the item(s).
ADJOURNMENT
Persons with disabilities who require auxiliary aids or services in using City facilities, services, or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact
650-329-2550 (Voice) 24 hours in advance.
2
July 12, 2010 HONORABLE CITY COUNCIL City of Palo Alto SUBJECT: Selection of Candidates to be interviewed for the Public Art Commission Dear Council Members: Enclosed are three applications submitted for one unexpired term ending on April 30, 2011 on the Public Art Commission. At the Council Meeting on Monday, July 12, 2010 the City Council will select the candidates to be interviewed for the Public Art Commission, with the interview date to be determined. Each Council Member will receive a selection sheet to use for determining who will be chosen for an interview. The requested action is for each Council Member to fill out the selection sheet. The City Clerk will announce the results. Candidates who receive four or more votes will be scheduled for an interview. The applicants are as follows: Name Address Phone
1. Trish Collins 1410 Parkinson Ave
Palo Alto, CA 94301 650-391-9700
2. Jane Peterman 891 Ithaca Ave
Sunnyvale, CA 94087 408-749-0824
3. Morgann Trumbull
Respectfully submitted, Ronna Jojola Gonsalves Deputy City Clerk Enclosures cc: All applicants (without enclosure) Donna Grider, City Clerk Kelly Morariu, Staff Liaison
3
July 12, 2010 HONORABLE CITY COUNCIL City of Palo Alto SUBJECT: Selection of Candidates to be interviewed for the Planning and Transportation Commission Dear Council Members: Enclosed are six applications submitted for two four year terms ending on July 31, 2014 on the Planning and Transportation Commission. At the Council Meeting on Monday, July 12, 2010 the City Council will select the candidates to be interviewed for the Planning and Transportation Commission, with the interview date to be determined. Each Council Member will receive a selection sheet to use for determining who will be chosen for an interview. The requested action is for each Council Member to fill out the selection sheet. The City Clerk will announce the results. Candidates who receive four or more votes will be scheduled for an interview. The applicants are as follows: Name Address Phone
1. Brent Butler 888 Loma Verde Street
Palo Alto, CA 94303 650-248-4531
2. Sarah Carpenter 2091 Park Blvd
Palo Alto, CA 94306 650-323-3118
3. Wick Goodspeed 2335 Waverly St.
Palo Alto, CA 94301 650-329-9808
4. Tracy Herrick 1150 University Ave
Palo Alto, CA 94301 650-321-7655
5. Arthur Keller 3881 Corina Way
Palo Alto, CA 94303 650-424-0202
6. Samir Tuma 827 Chimalus Drive
Palo Alto, CA 94306 650-424-8823
Respectfully submitted, Ronna Jojola Gonsalves Deputy City Clerk Enclosures cc: All applicants (without enclosure) Donna Grider, City Clerk Curtis Williams, Staff Liaison
TO:
FROM:
DATE:
SUBJECT:
CITY OF PALO ALTO
Memorandum
HONORABLE CITY COUNCIL
CITY MANAGER
JULY 12, 2010
DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
CMR: 279:10
Stanford University Medical Center Facilities Renewal and
Replacement Project Draft Environmental Impact Report -Comment
on the Draft Environmental Impact Report, including an overview of the
Transportation, Climate Change and Air Quality chapters.
Attached is the City Manager Report (CMR) for the Stanford University Medical Center
Facilities Renewal and Replacement Project Draft Environmental Impact Report (DEIR). This
meeting is the third opportunity for the City Council to provide comments on the DEIR. The
City Council previously held public hearings to accept DEIR comments on June 7 and June 14,
2010. This item was previously sent to you in your packet of June 30th. Hardcopies are
available at the Council Chambers, the Planning Department on the 5th Floor and can also be
viewed at http://www.cityofpaloalto.org/knowzone/reports/cmrs.asp
Staff will provide an overview of the Transportation, Climate Change and Air Quality Chapters
at the meeting.
This itenl was heard by the Plalming and Transportation Commission (P&TC) on June 16 and
June 24, 2010. Minutes from those meetings are attached. Although staff will provide an
overview of the chapters listed above, the City Council and members of the public may provide
comments on any topics within the DElR.
CURTIS WILLIAMS
Director of Planning and
Community Environment
ATTACHMENTS
. Attachment A: CMR279:10
Attachment B: Excerpt Minutes of the P&TC meeting dated June 16,2010 (Council only)
Attachment C: Excerpt Minutes of the P&TC meeting dated June 24,2010 (Council only)
-f
Copies of the Draft EIR can be obtained at the City of Palo Alto Development Center, at the Palo
Alto Main Library and via the City's website, www.cityofpaloalto.orglsumc.
ENVIRONMENTAL REVIEW
Staff will provide an overview of the following chapters at the meeting:
• Transportation (pages 3 A-I through 304-87)
• Climate Change (pages 3.6-1 through 3.6-60)
• Air Quality (pages 3.5-1 through 3.5-27)
The comments on these chapters should be focused on whether the information presented in the
Draft EIR adequately covers the environmental impacts that could result from the proposed SUMC
Project. The hearings are not meant to provide a forum for dialogue about the project merits, but to
be opportunities to collect comments on the Draft EIR to ensure that it adequately describes the
environmental impacts of the Proj ect.
1. Transportation
Transportation impacts are addressed in Section 3 A of the Draft EIR. The chapter evaluates the
potential transportation impacts resulting from construction and operation of the SUMC Project. A
Transportation Impact Analysis (TIA) was prepared by AECOM and is included in Appendix C of
the Draft EIR. The P&TC and City Council reviewed a draft TIA in February 2009. This TIA was
prepared for the SUMC Project and the Stanford Shopping Center Expansion Project (SSC Project).
In April 2009, Stanford withdrew the SSC Project.. Subsequently" the TIA was amended to
eliminate SSC Project. Staff also included three new study intersections, and an analysis of remote
parking lots as an alternate mitigation.
Significance Thresholds
The Study Area encomlJasses parts of the Cities of Palo Alto, Menlo Park, and East Palo Alto, as
well as unincorporated parts of Santa Clara County. Significance criteria for project impacts vary by
jurisdiction. For the purposes of this analysis, impacts were determined based on the criteria of the
jurisdiction in which the intersection or roadway segment is located. Additionally:
• City of Palo Alto criteria have been applied for intersections under Santa Clara County and
Stanford University control, as Palo Alto's criteria are more stringent.
• City of Menlo Park criteria have been applied for collector and minor arterial roadway
segments in Menlo Park.
• Residential roads in Palo Alto and Menlo Park identified for the study have been analyzed
using the Traffic Infusion on Residential Environment Index nlethodology.
• City of East Palo Alto criteria have been applied for intersections within that jurisdiction.
A detailed list of the transportation significance criteria is included in Attachment A. Key Impacts
and Mitigations
City of Palo Alto Page 2
The following impacts have been identified as significant (8); however these impacts can be
eliminated through mitigation. The mitigation measures developed for each of the impacts are
identified below.
• TR -1: Construction Impacts (8).
• TR-I0: Cumulative construction impacts (8).
Mitigation Measures-
o TR-l.l: Provide off-street parking for construction related vehicles;
o TR-l.2: Maintain pedestrian access;
o TR-l.3: Maintain bicycle access;
o TR -1.4: Restrict construction hours;
o TR-l.5: Restrict construction truck routes;
o TR-1.6: Protect public roadways during construction;
o TR-l.7: Maintain public transit access and routes;
o TR-l.8: Prepare and implement construction impact mitigation plan;
o TR-l.9: Conduct additional measures during special events.
• TR-4: Local circulation impacts (8).
Mitigation Measures-
o TR-4.1: Fund traffic impact study;
o TR-4.2: Fund signing and striping plan and signal optimization.
• TR-6: Bicycle and pedestrian impacts (8).
Mitigation Measure-
o TR -6.1: Bicycle and l?edestrian infrastructure improvements.
• TR-7: Transit impacts (8).
Mitigation Measures-
o TR -7.1: Incorporate transit centers into site plans;
o TR-7.2: Provide expanded transit service.
• TR-9: Emergency access (8).
Mitigation Measure-
o TR-9.1: Pay fair share towards Opticom installation.
Significant and Unavoidable Impacts
The following impacts have been identified as significant and unavoidable (8U) even after
implementation of mitigation measures:
• TR-2: Intersection level of service (8U).
Mitigation Measures-
o TR-2.1: Install traffic adaptive signal technology;
o TR-2.2: Fund additional bicycle and pedestrian undercrossings;
o TR-2.3: Enhance 8tanford University travel demand management program;
City of Palo Alto Page 3
o TR-2A: Fund or implement those intersection improvements that have been
determined to be feasible;
o TR-2.5: Coordinate with other jurisdictions for potentially feasible roadway
improvements.
• TR-3: Impacts on roadway segments (SU).
Mitigation Measures-
o TR-2.2: Fund additional bicycle and pedestrian undercrossings;
o TR-2.3: Enhance Stanford University travel demand management program;
o TR-7.2: Provide expanded transit service.
Discussion
The traffic study analyzed a total of 66 intersections. A list of these intersections is provided in Table
3 A-I. The study locations were chosen to represent those intersections deemed most likely to
experience increases in traffic due to the implementation of the SUMC Project. It is important to note
that while not every intersection in the Study Area was analyzed, intersections were strategically
selected to ensure a representative and comprehensive sampling.
Analysis of the existing traffic conditions was based on existing (2007, 2008, and 2009) traffic count
data, and the future year analysis is based on traffic forecasts that were developed using the City of
Palo Alto Travel Demand Forecasting Model.
Construction Impacts
During the peak of construction, it is anticipated that there would be as many as 2,200 construction
workers at the SUMC Sites. Construction impacts would be significant, although would be limited to
the construction phase of the SUMC Project. The combined construction employment for the
expansion would average between 300 and 1,615 workers at a given time. The number of peak hour
vehicle trips for the peak of construction workers would average between 200 to 1,075 trips.
Mitigation measure TR-l.l would require the Project sponsors to designate remote parking areas for
these construction workers, with shuttles to bring them to and from SUMC Sites if adequate off-
street construction parking cannot be identified.
Intersection Level of Service
Trip generation rates for the SUMC Project were determined using data collected from existing
facilities. The SUMC Project would result in 10,061 daily trips, with 766 trips in the AM peak hour
and 746 trips in the PM peak hour. The trips are then distributed and assigned to all study
intersections (Figures 304-8 and 9).
Ba~ed on the level of trips produced by the SUMC Project, and the distribution patterns of these
trips, the full buildout of the SUMC Project by 2025 would result in significant impacts at several
intersections during AM and PM Peak Hours. These intersections either operate at acceptable LOS
levels under 2025 No Project conditions, and with the addition ofproject traffic, they deteriorate to
unacceptable LOS levels; or they already operate at an unacceptable level of service (LOS) and with
City of Palo Alto Page 4
the addition ofproject traffic exceed threshold levels. This information is presented in Table 3.4-17.
Without mitigation, a total of five intersections would be significantly impacted by the SUMC
Proj ect during the AM peak hour and 12 intersections in the PM peak hour.
There is no single feasible mitigation measure that can reduce the impacts to a less-than.,.significant
level. However, there are a range of measures that, when taken individually, would each contribute
to a partial reduction in the SUMC Project's impacts. When combined, these measures could result
in a substantial reduction in the SUMC Project's impacts.
A set of five different mitigation measures were identified in the TIA. Each measure was then
prioritized. The following are the five mitigation measures, ranked according to priority:
• Priority 1 mitigation measure -
• Priority 2 mitigation measure -
• Priority 3 mitigation measure -
• Priority 4 mitigation measure -
• Priority 5 mitigation measure -
interchanges
Traffic-adaptive signal technology
Additional bicycle and pedestrian undercrossings
Enhanced TDM program
Intersection improvements
Remote employee parking lots near freeway
Stanford University currently implements a Transportation Demand Management (TDM) program
for its employees. The TDM program for SUMC includes providing VTA Eco-Passes to employees.
The Eco-Pass allows unlimited travel on VTA buses and light rail vehicles. However, most SUMC
employees (77.1 percent) continue to drive alone to work, whereas only 54.4 percent of the rest of
the larger University's employees drive alone to work. There is thus a difference in commuting
patterns between SUMC employees and employees in the rest of the University. Priority 3 requires
the SUMC Project sponsors to enhance the current TDM program, with the intent to increase the
percentage ofSUMC employees who commute by Caltrain. This increased use of Cal train would be
achieved by purchasing Caltrain GO Passes or an equivalent TDM measure for SUMC employees,
following the example set by Stanford University where 15.8 percent of its employees use Caltrain.
The Priority 5 nlitigation measure (Remote employee parking lots near freeway interchanges) was
analyzed as an alternative to the Priority 3 mitigation measure. Both are aimed at reducing traffic
impacts of longer distance commuters. Priority 5 was developed as an alternative to Priority 3, and is
not specifically included in the mitigation analysis. The discussion and analysis of the Priority 5
mitigation measure is contained in the appendices of the Draft EIR.
The Priority 1 mitigation measure was analyzed first to determine to what extent it ameliorated the
SlTMC Project's impacts by itself. The Priority 1 mitigation measure was then combined with other
lower priority mitigation measures to determine the combined impact reduction. The following
combinations of mitigation measures are analyzed in the Draft EIR:
• Priority 1 + Priority 2
• Priority 1 + Priority 2 + Priority 3
• Priority 1 + Priority 2 + Priority 3 + Priority 4
City of Palo Alto PageS
Table 3.4-19
Summary of Mitigation of Intersection Impacts
Combination of
Mitigation
Measures
PI
PI +P2
PI + P2 + P3
PI + P2 + P3 + P4
# of Remaining AM
Peak Hour
Intersections Impacted
4
3
0
0
Source: AECOM Transportation, 2010.
Note: SU = Significant and Unavoidable
# of Remaining PM
Peak Hour
Intersections Significance Level with
Impacted Mitigation
9 SU
9 SU
4 SU
3 SU
Implementing Priority 1 - 4 would reduce the SUMC Project impacts to a less-than-significant level
at all of the impacted intersections during the AM Peak Hour. However, intersection impacts would
remain significant and unavoidable in the PM Peak Hour at three intersections with mitigation.
Impacts on Roadway Segments
The TIRE Index analysis methodology was used to evaluate the traffic impacts of the SUMC
Project on residential roadways in 2025.TIRE is a numerical representation of a resident's
perception of the effect of street traffic on activities such as walking, cycling, and children
playing, as well as on the ability to maneuver an autonl0bile in and out of residential driveways.
According to TIRE, a given change in traffic volume would cause a greater impact to a
residential environment on a relatively quiet residential street with a low pre-existing (before
implementation of the SUMC Project) traffic volume than it would on a street with a higher pre-
existing volume. An increase in the index of 0.10 is approximately equivalent to an increase in
average daily traffic (ADT)ofbetween 20 and 30 percent.
The SUMC Project would not have a significant impact on any residential roadway segments in
2025. For roadway segments in Menlo Park, an ADT analysis was conducted that involved
estimating the net increase in traffic volumes that would result from implementation of the
SUMC Project. With mitigation, there would still be, sIgnificant and unavoidable impacts on four
Menlo Park roadways, as shown in Table 3.4-22.
Transit Impacts
Tile SUMC Project vicinity is currently served by the Marguerite shuttles that connect to the Palo
Alto and California Avenue Caltrain stations. Other transit services to the Caltrain Stations that
provide connecting service to the Marguerites include SamTrans, VTA, U-Line and Palo Alto
Shuttles.
The mitigation of the SUMC Project's transit impacts involves two measures. First, the SUMC
Project's site plan needs to be modified to include the addition of mini transit centers at two
locations within the SUMC site. Second, additional transit service needs to be provided to meet the
City of Palo Alto Page 6
reduce impacts to a less than significant level. The SUMC Project' contribution to global clinlate
change would be cumulatively considerable due to the SUMC Project's interference with the City's
attempt to achieve the overall goals set forth in the City's Climate Protection Plan.
3. Air Quality
Air Quality impacts are addressed in Section 3.5 of the Draft EIR. The EIR evaluates the potential
impacts on air quality resulting from construction and operation of the proposed SUMC Project.
Significance Thresholds
Based on significance thresholds as recommended in the BAAQMD CEQA Guidelines (1999) and
adopted by the City of Palo Alto, the SUMC Project would result in a significant air quality impact if
it would:
• Conflict with or obstruct implementation of the 2000 Clean Air Plan, the 2001 Ozone
Attainment Plan, or the 2005 Bay Area Ozone Strategy or violate an ambient air quality
standard or contribute substantially to an existing or projected air quality violation as
demonstrated by the following:
1. Direct and/or indirect operational emissions that exceed the BAAQMD criteria air
pollutants of 80 pounds per day or 15 tons per year for NOx, ROG, and PMlO; and
2. CO concentrations exceeding the Stat~ AAQS of 9 parts per million (ppm) averaged
over 8 hours or 20 ppm for 1 hour.(as demonstrated by CALINE4 modeling, which
would be performed when a) project CO emissions exceed 550 pounds per day or 100
tons per year; or b) project traffic would impact intersections or roadway links
operating at Level of Service (LOS) D, E, or F or would cause LOS to decline to D, E,
or F; or c) project would increase traffic volumes on nearby roadways by 10 percent or
more).
• Create objectionable odors affecting a substantial number of people.
• Expose sensitive receptors or the general public to substantial levels of Toxic Air
Contaminants (TAC) where:
1. Probability of contracting cancer for the Maximally Exposed Individual (MEl) exceeds
10 in one million; and
2. Ground-level concentrations of non-carcinogenic TACs would result in a hazard index
greater than one (1) for the MEL
• Not implement all applicable construction PMlO emission control measures (recommended in
the BAAQMD CEQA Guidelines Table 2).
Key Impacts and Mitigations -Significant and Unavoidable Impacts
The following impacts have been identified as significant and unavoidable (SU) even after
implementation of mitigation measures:
• AQ-l: Construction criteria air pollutant enlissions (SU).
• AQ-6: Cumulative construction emissions (SU).
City of Palo Alto Page 9
Mitigation Measures-
o AQ-1.1: Implement recommended dust control measures;
o AQ-1.2: Implement equipment exhaust emission reduction measures.
• AQ-2: Operational criteria air pollutant emissions (SU).
• AQ-7: Cumulative operational emissions (SU).
Mitigation Measures-
o TR-2.3: Enhance Stanford University travel demand management program;
o PH-3.1: Reduce the impacts on the jobs to employed residents ratio.
• AQ-8: Cumulative construction and operational TAC emissions (SU).
Mitigation Measure-
o AQ-1.2: Implement equipment exhaust emission reduction measures.
Discussion
Construction
Construction of the SUMC Project is anticipated to occur consecutively for approximately 12 years.
Approximately 1.2 million square feet of buildings and related paved areas would be demolished.
Construction activities would include site preparation, grading, placement of infrastructure,
placement of foundations for structures, and fabrication of structures. Demolition and construction
activities would require the use of heavy trucks, excavating and grading equipment, concrete
breakers, concrete mixers, and other mobile and stationary construction equipment. Emissions
during construction would be caused by material handling, traffic on unpaved or unimproved
surfaces, demolition of structures, use of paving materials and architectural coatings, exhaust from
construction worker vehicle trips, and exhaust from diesel-powered construction equipment.
Mitigation measures would reduce dust emissions, NOx, ROG, PMlO and PM2.5. However, reductions
of NOx emissions below threshold levels during the first year of construction could not be
guaranteed, and this impact would still be considered significant and unavoidable.
Operational Criteria Air Pollutant Emissions
The estimated 10,061 trips increase in daily traffic have an overall average trip length of27.4 miles
(for SlTMC patients and employees). The increase in daily trips and Vehicle Miles Traveled (VMT)
under the SUMC Project was calculated by AECOM Transportation based on the commuting
patterns of existing employees and patients. Construction worker VMT was not calculated due to the
uncertainty of commuting distances. The SUMC Project's VMT would be 275,837 daily vehicle
miles. The VMT calculations assume that 60 percent of the daily trips are made by patients and 40
percent made by employees. Using employee and patient origin data (zip codes) provided in the
project application, distances from these origins to the SUMC Site were estimated and the average
trip length determined. The URBEMIS 2007 model was used to calculate the emissions associated
with increased trips and VMT to and from the SUMC Project.
The SUMC Project would generate criteria pollutant emissions from on-site combustion of natural
gas for space and water heating and of other fuels by building and grounds maintenance equipment.
Other such emissions would result from increased demands of the SUMC Project on the boilers and
City of Palo Alto Page 10
chillers at Stanford's Central Energy Facility (CEF) and from the periodic testing of the emergency
generators.
The enhanced TDM measures include provision of the Caltrain GO Pass to SUMC employees, or an
equivalent TDM measure. If the GO Pass would be provided, then remote parking spaces would also
be provided to serve commuters from the East Bay. Provision of the GO Pass plus remote parking
spaces in the East Bay would reduce VMT by 13.5 percent. While lessening the impact, this would
not reduce emissions from exceeding the significant thresholds and would be significant and
unavoidable.
Cumulative Construction and Operational TAC Emissions
The health risks from both the SUMC Project's construction and operational sources were found to
be less than the BAAQMD's TAC exposure significance threshold. However, the SUMC Sites are
adjacent to a BAAQMD-identified CARE "Priority Community," where the background diesel
particulate matter (DPM) cancer risk is likely substantially greater than the Bay Area average 500 to
700 in a million. Although reduction in DPM from diesel engines has been given priority by federal,
State, and local agencies, and regulations are in place to bring about substantial reduction ofDPM
from diesel engines over time, there is still no regional modeling study that predicts when
remediation can be expected of the Bay Area's elevated DPM health risk identified in the CARE
studies. Furthermore, the SUMC Project is the largest project compared to the list of cumulative
projects expected to be dev~loped in the City of Palo Alto. Consequently, SUMC Project TAC
emissions is considered cumulatively considerable even though the health risk they pose to the local
population is relatively small (i.e., lOin a million) in comparison to the background TAC risk (i.e.,
greater than 700 in a million) that affects Palo Alto and environs.
NEXT STEPS
TheP&TC will conduct a meeting on June 30 to review the Noise, Geology, Soils and Seismicity,
Hydrology, Hazardous Materials and Utilities chapters. The City Council will review these topics on
July 19.
Subsequent to public testimony and P&TC and Council comments, along with the written comments
submitted on the Draft EIR during the 69-day public review period, the EIR consultant and staffwill
prepare a Final EIR/Response to Comments. The timing of this document is dependent on the
number of comments received. However, the goal is to complete review of this Project and the EIR
by the end of2010.
Following preparation of the Final EIR/Response to Comments document, the P&TC will conduct a
public hearing( s) on the Final EIR and provide a recommendation to the City Council. The City
Council will then review the Final E~mment~ for action.
PREPARED BY: ~-
City of Palo Alto
STEVEN TURNER
Advance Planning Manager
Page 11
. ATTACHMENT A
Stanford University Medical Center Facilities Renewal and Replacement Draft EIR
Transportation Standards of Significance
City of Palo Alto Standards of Significance. Traffic impacts would be considered significant
if the SUMC Project would:
• Cause a local (City of Palo Alto) intersection to deteriorate below LOS D;
• Causes a local intersection already operating at LOS E or F to deteriorate in the average
control delay for the critical movements by four seconds or more, and the critical VIC
ratio value to increase by 0.01 or more;
• Cause a regional intersection to deteriorate from LOS E or better to LOS F;
• Cause a regional intersection already operating at LOS F to deteriorate in the average
control delay for the critical movements to increase by four seconds or more, and the
critical VIC to increase by 0.01 or more;
• Result in increased traffic volumes at an unsignalized intersection, and meet traffic signal
warrants;
• Cause queuing impacts based on a comparison of the demand queue length and the
available queue storage capacity for intersections and access points in the immediate
vicinity of the proj ect;
• Cause a freeway segment (for each direction of traffic) to operate at LOS F, or contribute
traffic in excess of 1 percent of segment capacity to a freeway segment already operating
at LOS F;
• Result in increased traffic related hazards to pedestrians and bicyclists as a result of
increased congestion;
• Impede the operation of a transit system as a result of a significant increase in ridership;
• Result in inadequate on-site parking supply;
• Create an operational safety hazard;
• Resultjn inadequate emergency access; or
• Cause any change in traffic that would increase the TIRE index by 0.1 or more on a local
or collector residential street.
City of Menlo Park Standards of Significance. The City of Menlo Park considers a proj ect to
have a significant impact if it would:
• Cause an intersection on a collector street to operate at LOS D or below or have an
increase of 23 seconds or greater in average vehicle delay, whichever comes first;
• Cause an intersection on an arterial street or a local approaches to a State controlled
signalized intersection to operate at LOS E or below or have an increase of 23 seconds or
greater in average delay, whichever comes first;
Stanford University Medical Center Facilities Renewal and Replacement Draft EIR
Transportation Standards of Significance
• Cause an increase of more than 0.8 seconds of average delay to vehiCles on all critical
movements for intersection on collector streets operating at LOS D or below or LOS E or
below for arterial streets;
• Cause an increase of 0.8 seconds or more of delay to vehicles on any critical movement
for intersections on local approaches to State controlled signalized intersections operating
at LOS E or below;
• Cause the following impacts on minor arterial streets. If the existing ADT is:
1. greater than 18,000 (90 percent of capacity), and there is a net increase of 100
trips or more in ADT due to project traffic;
2. the ADT is greater than 10,000 (50 percent of capacity) but less than 18,000, and
the project traffic increases the ADT by 12.5 percent or the ADT becomes 18,000
or more;
3. the ADT is less than 10,000, and the project traffic increases the ADT by 25
percent;
• Cause the following impacts on collector streets. If the existing ADT is:
1. greater than 9,000 (90 percent of capacity), and there is a net increase of 50 trips
or more in ADT due to project traffic;
2. the ADT is greater than 5,000 (50 percent of capacity) but less than 9,000 and the
project traffic increases the ADT by 12.5 percent or the ADT becomes 9,000 or
more;
3. the ADT is less than 5,000 and the project traffic increases the ADT by 25
percent;
• Cause the following impacts on local streets. If the existing ADT is:
1. greater than 1,350 (90 percent of capacity), and there is a net increase of 25 trips
or more in ADT due to project traffic;
2. the ADT is greater than 750 (50 percent of capacity) but less than 1,350, and the
project traffic increases the ADT by 12.5 percent or the ADT becomes 1,350; or
3. the ADT is less than 750 and the project traffic increases the ADT by 25 percent.
City of East Palo Alto Standards of Significance. The City of East Palo Alto considers a
project to have a significant impact if it would:
• Cause an intersection's operation to deteriorate from an acceptable level (LOS D or
better) under background conditions to an unacceptable level (LOS E or LOS F);
• Exacerbate unacceptable operations (LOS E or F) at a signalized intersection by
increasing the critical delay by more than four seconds and increasing the VIC ratio by
0.01 or more; or
• Exacerbate the VIC ratio by 0.01 or more at a signalized intersection observed to operate
at unacceptable operations, even if the calculated level of service is acceptable.
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to the Planning and Transportation Commission for questions and comments. So with that I will
hand it to PBS&J.
Mr. Rod Jeung, PBS&J: Thank you Steve. My name is Rod Jeung with PBS&J. I am here with
Trixie Martelino ofPBS&J. It is good to be here and see all of you. As Steven mentioned,
tonight's presentation and discussions will be on Transportation. There is an old adage in real
estate about location,'location, location. Well, when we do Environmental Impact Reports and
we do development projects it is always about transportation, transportation, transportation.
In places like Santa Clara County where forthe larger projects a Transportation Impact Analysis
is prepared. In this case we were fortunate to work with AE COM, represented by Dennis
Struecker. They prepared the Transportation Impact Analysis and we summarized that
information for its inclusion in the Environmental Impact Report.
Just a few key overview points regarding that before I trim it over to Dennis. The first is that the
Transportation Impact Analysis really does try to cover all the different modes of transportation.
So we do talk about traffic. We do talk about transit. We do talk about pedestrian and bicycle
access.
The impacts that are identified in the Environmental Impact Report are a comparison of the no
build conditions in the year 2025 against the 2025 conditions with the project. So the delta is
projected out to year 2025, and the difference between the no project versus the project
conditions represents the impacts. It is important because a lot of the other topics tend to look at
the impacts as it relates to existing conditions. It is important to also understand that the future
forecasts are based on the City's traffic demand model. So all the analysis that Dennis and
Nicole have been doing rely on the City's data sources and existing conditions. So without
further ado I think you all know Dennis pretty well, Dennis Struecker.
Mr. Dennis Struecker, AE COM: Tharlk you Rod. So we have a little slideshow here to go
through. Steven kind of touched on this Purposes Overview of the Transportation Analysis,
discussed the mitigation measures that have been proposed and ~he Commission and public
input.
The study area is pretty extensive with 66 intersections, six freeway segments, three on 101 and
three on 280, eight residential roadway segments in Palo Alto and Menlo Park, and then the
Menlo Park analysis required an additional roadway corridor analysis. So there are eight
roadway segments that required analysis in Menlo Park. Analysis year 2025 coincides roughly
with the completion of the project and it is also consistent with the City's travel demand model.
'I
The scenarios we looked at, we looked at existing conditions, and traffic counts were collected
from 2006 to 2009. In the Traffic Report although no in the EIR, but in the Traffic Report there
is an existing with project analysis provided for information, and in the future no project
conditions in 2025 and the future with project conditions in 2025.
Page 2
1 during the day, and shower and bicycle storage facilities to encourage cycling. The program
2 needs to be monitored to make sure that the desired most is achieved and expand the zip car
3 programs.
4
5 So we should have a slide in here that talks about the priorities but let nle talk about them or list
6 them here. Priority 1 is the traffic adaptive signal technology, so that is what we applied first.
7 You can see what reduction in impact we achieve through that Priority 1. Priority 2 is new
8 pedestrian and bicycle undercrossings near Everett in Palo Alto and near Middle in Menlo Park.
9 Priority 3 is TDM measures, and then Priority 4 is roadway improvements. So by implementing
10 Priority 1, the traffic adaptive signal technology, there were five impacts in the AM but one of
11 them is mitigated. So now there are only four impacted intersections left. In the PM there were
12 12 but now there are nine, three are mitigated by traffic adaptive signal technology. If we add on
13 top of Priority 1, Priority 2 the new added bike undercrossings we eliminate one more AM so
14 now we are down from four to three, but the PM stays the same at nine. If we add Priority 3,
15 TDM measures, on top of the other two now we are down to zero impacts in the AM, all AM
16 impacts are mitigated, and we still have four PM impacts.
17
18 Then if we look at the intersection improvements on top of the other three measures, these are
19 the four intersections that 'on the last slide were noted as still impacted with Priority 1, 2, and 3
20 only. Middlefield -Willow improvements, we identified them in the Traffic Report in the EIR as
21 being infeasible. One we didn't think they may be possible and two they were outside our
22 jurisdiction to make the improvements. Menlo Park has come back and said that improvements
23 at Middlefield and Willow are feasible and in addition to the ones that we have suggested they
24 have suggested some other ones. So according to Menlo Park in parentheses we put 'feasible'
25 according to Menlo Park. Arboretum-Galvez was identified as a feasible mitigation in the
26 Traffic Report in the EIR. Signalization is the solution there. Bayfront-Willow in the EIR in the
27 Traffic Report we identified those as being potentially feasible but they are in the City of Menlo
28 Park. Menlo Park again said that they agree with those mitigations and they think they are
29 feasible. Finally, Bayfront-University we said that the improvements there are probably
30 infeasible but again Menlo Park came back and said they are feasible. So what this last slide
31 shows us is that by having Priority 1 mitigations, Priority 2 mitigations, and Priority 3
32 mitigations plus these four other physical roadway improvements that are then determined to be
33 feasible either for Arboretum-Galvez in the City of Palo Alto or the three that Menlo Park said
34 are feasible mitigates the project impacts. I think that is the last slide.
35
36 Mr. Turner: With that I will hand it to Gayle Likens to give comments on the model.
37
38 Ms. Gayle Likens, Management Specialist: Thank you. I will try to brief but there are quite a
39 few steps that I want to go through to update on how the model was developed.
40
41 The City developed the model in order to be able to forecast the local traffic impacts of the
42 projects and also potential mitigations,' Our original model dates from about 2003. At that time
43' it was developed and the output years for the base year, which was using the counts from 2002,
44 and 2010, and 2015. The projections stopped at 2015.
45
Page 4
1 I think it is important in tenns of the setting, the context, we know that Palo Alto's policy is to
2 first and foremost advocate multimodal approaches to getting traffic off the streets as opposed to
3 increasing roadway capacity to accommodating that increased traffic. At Stanford and at the
4 hospitals Transportation Demand Management is one of the most important things we do, and it
5 has that importance because it is something that helps achieve environmental sustainability. It
6 allows us to work to meet the no new net trips target that we have under the General Use Pennit
7. as an alternative to widening the street. Of course, it enhances employee wellbeing.
8
9 We know and have learned over time that a robust TDM system is robust simply because it is
10 full of flexibility. It has variability.· It adapts to'the situation at hand. It responds to various
11 employees' use of alternative modes of transportation, making those things available that will
12 appeal to the individual employees. The success I think of that program is in today's modal split
13 where the University drive alone rate is now under 50 percent. The Caltrain mode split is just
14 Under 20 percent. Even for the Medical Center the drive alone mode rate is just slightly over 70
15 percent and the Caltrain mode split is almost six percent. That is very good if you compare that
16 with a number of our Research Park tenants who are very aggressive, or even with t~e City of
17 Palo Alto's mode split. Both the University of course far below and the even the Medical Center
18 are below what we see at those tenants and at the City of Palo Alto.
19
20 I think there is a bit of a leap occasionally that the SUMC employees~ the hospital employees
21 won't be able to take as much advantage ofTDM or the Go Pass because of their habits in tenns
22 of when they work, how they work, the time of day they work, and these kinds of things. What
23 we found, what Robert Eckles ofFehr & Peers found, and he did a very close study of the habits
24 s that probably 89 percent of the employment base for the hospitals working at regular times,
25 regular commute times can take advantage of something like a Go Pass or an Eco-Pass. We also
26 found to our surprise that actually more of those employees live in locations crossing Caltrain
27 than where the University itself in comparison of the 65 percent to 52 percent.
28
29 Next slide. I am not going to go through all these. This is just an example of everything that we
30 have and shows the robustness of the program, and how we try and work everything to get
31 people to do things that will take cars off the streets. Even the commuter check sales where
32 people can go and buy with before tax dollars to pay for BART passes and other bus lines,
33 SamTrans, something that moves these people off the roadway.
34
35 Next slide. I think we talked about this with Dennis's layout of the various Priorities, with the
36 last one being the feasible intersection improvements.
37
38 Next slide. We have focused on, and I think the DEIR focuses on the mode split for transit and
39 the advantages that we get out of having a Caltrain Go Pass for all the hospital employees, not
40 just for the project employees, but all hospital employees, which is the way the Go Pass works.
41 The DEIR refers to an expected increase in the transit mode split of21.1 percent, 15.8 percent of
42 that being to Caltrain as a result of the Go Pass. It talks about the Stanford Shuttle Program
43 adjusting and supporting the Go Pass connections. Also, our shuttle program is really designed
44 to work to meet the capacity demands through route and vehicle changes. Extra bus supply, new
45 routes rather than having transfers and people waiting around for additional buses because that
Page 6
1 Stanford has been using Marguerite successfully for years you might consider running
2 Marguerite type buses to places like San Francisco, Fremont, and other areas. They have buses
3 that come from San Francisco and some other cities to Mountain View quite successfully. So
4 there is no reason why Stanford can't do the same thing with the Marguerite system, expanding it
5 from 41 to 51 buses for example is not a huge increase. Especially if Caltrain dies I think
6 something like that is going to be essential. So that ought to be on a specific list of fallback
7 positions.
8
9 Other things that people can do --Palo Alto has been very successful with having offsite parking
10 lots and serving them from the three to five miles from the city. They could have offsite parking
11 lots and they have the Marguerite go there to pick people up and drop them off. So all of those
12 are possible. There is nothing that hasn't been done before successfully. As I say, everything
13 has to be done simultaneously for this thing to have fallback positions. If we need ~hyn we can
14 just pull them out and do it. You don't have to go through the exercise of having hearings and
15 publicizing it and all that.
16
17 Well, if Caltrain did shutdown this year so we are going to expand the Marguerite. I think it is
18 possible to get the traffic mitigated but I think you are going to have to have more on the plate,
19 more options. Thank you.
20
21 Chair Garber: Thank you. We will return to Commissioners for questions and comments. I am
. 22 'going to start and Commissioner Keller is next. We will do this in five-minute bites. I apologize
23 for the door. Weare not actually allowed to close the door. It is a public meeting so we have to
24 suffer through our public.
25
26 So I think this question is actually perhaps for Gayle. What I am interested in learning is the last
27 time that the parking and transportation analysis was presented to the Commission was perhaps
28 two years ago, something like that. It was when the project included the mall. So is the
29 information that was a part of that presentation related to the Medical Center is that what we are
30 seeing here, or is this generated anew, or is that information imbedded in what we are seeing this
31 evening? Are we seeing the same information or has this been totally regenerated?
32
33 Ms. Likens: It has been regenerated. The whole model was redone and the output was redone
34 because the shopping center proj ect is no longer part of the application. If you were to go back
35 and look at that analysis I think it would be very confusing and very misleading because the
36 projects were packaged together at the time. We have changed the way we have constrained the
37 model output. It is much more aggressive then at that time. I think we did have four constraints
38 gateways at that time and they have since done more constraints and we now have 11. We have
39 moved the analysis out, as I mentioned,to sidetrack it to the freeways that are under capacity and
40 to use peak spreading to reflect what really can actually occur on the network. Some of the
41 inputs about the proj ect descriptions and all that are for the most part the same I think.
42
43 Chair Garber: The model has become much more refined over the last years.
44
Page 9
1 have an idea with the four mitigations that you have proposed what the new numbers would be
2 for the amount of peak hour trips in AM and PM.
3
4 Mr. Struecker: Well, the Go Pass gets rid of about 500.
5
6 Commissioner Keller: Five hundred in the morning and 500 in the afternoon?
7
8 Mr. Struecker: Right. That is both new employees and existing employees.
9
10 Commissioner Keller: So do we have the numbers of how many new peak hour AM and trips,
11 because if there is a number I don't know what it is, after mitigations P-l through P-4.
12
13 Mr. Struecker: Well, the Go Pass takes it down 500. The traffic adaptive doesn't take anything,
14 it just allows for more traffic to go through a signalized intersection. The pedestrian and bicycle
15 undercrossings get rid of three percent of local trips. So we have not exactly got what it would
16 be. Two measures would get rid of trips, the Go Pass, and the undercrossings. The traffic
17 adaptive only accommodates the volume in a more efficient manner, as well as the intersection
18 improvements do not get rid of trips they just accommodate the trips through the intersection
19 faster.
20
21 Commissioner Keller: So is it fair to say that if you add the PM and AM trips you get about
22 1,500 or 1,600 trips all told, within that range? And that this will reduce it from 1,500 trips to
23 about 500 trips morning and afternoon combined?
24
25 Mr. Struecker: Five hundred plus the undercrossing so it may be 450, somewhere in that range.
26
27 Commissioner Keller: Four hundred and fifty, so we still have a significant number of trips it is
28 basically reduced by about two-thirds of the increase.
29
30 Mr. Struecker: Yes, the slide showed 60 to 66 percent.
31
32 Commissioner Keller: Okay. I will pass it off to the next Commissioner.
33
34 Chair Garber: Comn1issioner Lippert and then Martinez.
35
36 Commissioner Lippert: A member of the public has spoken about Stanford being able to
37 quantify by zip code I guess where the people are coming from. Is that easily derivable data? Is
38 that something we could get hold of and is significant in this model?
39
40 Ms. Likens: I believe we do have all of this sorted by zip code.
41
42 Commissioner Lippert: So we do understand where people are coming from?
43
44 Mr. Struecker: It is in Appendix H. There is a table in Appendix H that lists to the hospital
45 employees and lists that city that they are from. They start with Group 1 are cities that are on the
46 peninsula where they are served by Caltrain, and the number is 65 percent.
Page 11
1
2 Commissioner Lippert: Okay. So that has all been substantiated as far as what we are looking at
3 in tenus of people being able to make use of the Go Passes.
4
5 Mr. Struecker: Correct. We only counted the people that lived in a Caltrain city as being a part
6 of the population that would take advantage of the Go Pass.
7
8 Commissioner Lippert: Okay. How would that be administered, the Go Pass? How is it
9 currently administered at Stanford?
10
11 Chair Garber: If you would please wait for the microphone.
12
13 Mr. Robert Eckles, Fehr & Peers Associates: The Parking and Transportation Services of
14 Stanford is the organization that manages the Go Pass. Basically what they do is they purchase a
15 Go Pass for every employee outside of Palo Alto. They basically buy those for every person that
16 lives outside of Palo Alto. The way the Go Pass works is you have to buy the pass for all your
17 employees whether they live in an area they could use it or not because part of the idea is that the
18 regular commuter can use it, they can also get other people interested in using it. You can use a
19 Go Pass any time of the day, any time that Caltrain is operating. So basically the Parking and
20 Transportation organization purchases the Go Pass and they work with the Joint Powers Board,
21 the JPB, of Caltrain to get those passes.
22
23 Commissioner Lippert: Okay. My understanding is in listening to I guess the presentations we
24 have had on SB 375 transportation issues that if you can get ten percent of the people to use
25 public transit that that is a significant reduction in tenus of mitigating traffic. Is that correct?
26
27 Mr. Eckles: Correct. Getting more people out of their drive alone vehicles and onto available
28 transit is a positive.
29
30 Commissioner Lippert: So already 50 percent or 48 percent, close to 50 percent?
31
32 Mr. Eckles: When you are talking about the number of users?
33
34 Commissioner Lippert: Correct.
35
36 Mr. Eckles: But those are people that are living in the city. That percentage as related to what
37 Bill what said that five percent of the employees are using Caltrain today but then you boost that
38 up with the Go Pass. So that is where you get the percentage increase. Then by applying it not
39 only to the new employees but to the existing employees that is the big growth there.
40
41 Commissioner Lippert: But in tenus of what you currently have on campus, not the hospital, on
42 campus you currently have already gotten to about 48 percent.' ,
43
44 Mr. Eckles: Yes, on campus on 48 percent drive alone, and then the Caltrain is around 19
45 percent.
46
Page 12
1 Commissioner Lippert: So you have already exceeded the threshold of ten percent. Okay. Then
2 I have a question for Dennis, I guess. When you look at the levels of service here, the level of
3 service letter grades that are given here they are not really grades. What you are talking about
4 here is describing how traffic is flowing or the density of the traffic based on, and A is not
5 passing and F is not failing, it is just talking merely about the density or how traffic is moving. If
6 you go to let's say for instance an E density that is appropriate along University Avenue because
7 you don't want people zipping down University at an A level because they would miss all the
8 shops, and they would pass the shops before they even saw it. Correct?
9
10 Mr. Struecker: Yes, you can drive faster at an: A level than you could an E. E, you are right, you
11 are pretty much right at capacity of the street. F, you are starting to breakdown.
12
13 Commissioner Lippert: So in terms of the F capacity here my understanding is that people are
14 only willing to commute a certain amount of or dedicate a certain amount of time during the day
15 to commuting. If it is going to take more than what is it, two hours, they pretty much throw up
16 their hands and find another route or another job.
17
18 Mr. Struecker: Or another time. That is where the peak spread in the model is estimating more
19 traffic. So the peak hour spreads from an hour and a half or two hours to three or four hours.
20
21 Commissioner Lippert: So if we saw an F level at an intersection that has been grayed in on the
22 chart here would it ever become a self-fulfilling prophecy where people would just sort of
23 commute at another time or throw their hands up and say hey, I am going to find another way to
24 get here?
25
26 Mr. Struecker: That is why if you look at the existing conditions analysis you really don't see
27 any intersections out there that are operating greater than, or have a capacity ratio greater than
28 1.0. A couple of them maybe go 1.05 and that is because of that, yes. You just can't get through
29 and so they either go somewhere else, get ajob somewhere else, or go on flex time, change
30 routes. Traffic is really a lot like water it finds its own level.
31
32 Commissioner Lippert: Can Ijust ask one other? It is not uncommon, on the peninsula it is real
33 easy, I can get on Caltrain, I can go to Redwood City, or I can go to San Jose. In fact, my first
34 job I think I commuted to San Jose on Caltrain. But it is not uncommon for people to drive to
35 say where the Dumbarton Express, hop on the Dumbarton Express and cross, and go 'to Welch
36 Road toward the hospital.
37
38 Mr. Struecker: That expansion at Ardenwood was just completed not very long ago. My
39 understanding is it is filling up quite a bit.
40
41 Commissioner Lippert: Thank you very much.
42
. 43 Chair Garber: Commissioner Martinez and then Fineberg.
44
45 Commissioner Martinez: I have a follow up to Commissioner Lippert's question about the level
46 of service. My understanding isn't that in A you can drive faster and it slows faster in an F.
Page 13
1 Those conditions are really controlled more by signalization, traffic speeds, and safety rather
2 than the designation of A through F. Is that correct?
3
4 Mr. Struecker: Well, it kind of depends on what you are talking about, whether you are talking
5 about an intersection or whether you are talking about a section of freeway. The level of service
6 A for an intersection means that when your phase of the signal turns green you will get through.
7 If you have an intersection where it is operating at level of service F and your phase of the signal
8 turns green you probably won't get through on that phase. You probably will have to wait until
9 is cycles around again.
10
11 Commissioner Martinez: I travel those every day.
12
13 Mr. Struecker: On a freeway for instance a level of service A means that you can go at whatever
14 speed you want to go. If you want to go 85 you can probably go 85. If you want to change lanes
15 it would be fairly easy for you to change lanes. If you are operating on a freeway at level of
16 service F the speed is highly variable. It is from zero to 35 and back to zero. The ability to
17 change lanes is greatly restricted. So it kinds of depends on whether you are talking about an
18 open road type drive or an intersection.
19
20 Commissioner Martinez: Thank you. I wanted to ask a little bit about the difference between the
21 University employees and the Medical Center employees in tenns of their Caltrain and driving
22 habits. The applicant used a little bit more populist number but I memorized the numbers in the
23 DEIR so I am going to use those, and if they are little ,bit low just bear with me. What I recall is
24 drive alone for University employees is about 56 percent, and for Medical Center employees it is
25 77 percent. Is there any reason for that difference that you discern? Is it a zip code kind of
26 thing?
27
28 Mr. Struecker: It is one of the things that the people that ride Caltrain to the University are very
29' much higher than for the hospital because they are in the Go Pass.
30
31 Commissioner Martinez: Okay. Then that relates to my next question. The Go Pass participants
32 from the University, I think the number was 15.6 percent or something likethat, and for just
33 Caltrain users from the Medical Center it is 3.6. The numbers the applicant showed here are a
34 little bit better than that.
35
36 Mr. Struecker: Yes, the numbers we are working with are numbers that were generated when the
37 Go Passes were proposed and are about three years old by now.
38
39 Commissioner Martinez: Okay.
40
41 Mr. Struecker: I did those, that same stuff on the slide and they continue to go up, which is a
42 good thing.
43
44 Commissioner Martinez: That relates to my question. In the DEIR it says that by 2025 for the
45 Medical Center by that time it will be about equal, 15.6, or ,17 or 19, whatever your current
Page 14
1 projection is. Can you explain why your confidence is that number going up for the Medical
2 Center?
3
4 Mr. Eckles: Just to clarify the data that was put into Appendix H was from 2006. That was the
5 most current data that we had at the starting of the whole process. That is where you get the 52
6 percent and 77 percent drive alones because that was what it was in 2006. We prepared the
7 memorandum and we provided information on doubling, tripling, or quadrupling of the ridership
8 going to Go Pass at the Medical Center. Ultimately I think it was the City's decision to use the
9 15.8, which was the University's level in 2006 as what they wanted to shoot as the target. So
10 again, we felt that because we see the same similar housing patterns and people living in that
11 corridor there is that potential there.
12
13 Mr. Struecker: There are slightly more hospital employees in Caltrain cities than University
14 employees. So that was another thing.
15
16 Commissioner Martinez: That sounds good but do you have a criteria for things like I live six
17 blocks from the station. If you live five miles from the station does that still kind of allow you to
18 count that?
19
20 Mr. Struecker:' We made the assumption if you live in a Caltrain city then you could be a'
21 candidate for riding Caltrain. Also, the nlitigation in the EIR also says that if 15.8 is somewhat
22 arbitrary. The University is doing it so the hospital should be able to do it, but there is a margin
23 in there that they all based the non-drive alone mode split and then they need to do other things
24 to get them to where they need to be.
25
26 Commissioner Martinez: Okay, that's good.
27
28 Chair Garber: Mr. Eckles.
29
30 Mr. Eckles: I also wanted to mention that when you are living in a Caltrain city, and in your
31 discussion earlier, if intersections start going to level of service F and it gets harder to move on
32 the freeways then even if you may be a Jittle bit farther away from the station but you can get to
33 a station and avoid some of the delay on the other facilities that is another motivation for those
34 people that are living in those areas closer to the station.
35
36 Chair Garber: Commissioner Fineberg and then Tanaka. Then we will do another round.
37
38 Commissioner Fineberg: A couple of meetings back we were talking about impact on housing. I
39 think it was Commissioner Keller mentioned I think it was in Appendix H that 94303 zip code
40 was being treated as East Palo Alto. Can Staff take a look again and make sure. The zip code
41 94303 is basically the eastern part of Palo Alto and East Palo Alto. Can Staff make sure that
42 split zip code is being accounted for properly in all of these analytic models?
43
44 I would like to ask a quick question of Staff. Of the Stanford University employees how many
45 employees participate in the Go Pass program on an average daily basis, Monday to Friday, so
46 commute type hours?
Page 15
1
2 Mr. Turner: I think the Stanford University applicant could probably best answer.
3
4 Mr. Eckles: In tenns of the actually numbers using it today?
5
6 Commissioner Fineberg: Yes.
7
8 Mr. Eckles: Actually I don't have the University's here.
9
10 Commissioner Fineberg: Okay, here is where I am with that. I would love to have a sanity
11 check. How many Stanford University employees, how many Stanford Hospital employees
12 given all of our assumptions however we define it utilizing the Go Passes? How many people
13 get on and off the trains at the Downtown train station, and does it make sense? Ifwe have
14 15,000 employees riding a train and there are only 2,000 people getting off?
15
16 Mr. Eckles: That is something that Stanford or Brody Hamilton from VT&S can give us that
17 infonnation because they do that check in tenns of when they do their employee surveys. They
18 then look at their ridership because they actually have the loadings by where they get on and
19 where they get off. So they do a validation of that.
20
21 Commissioner Fineberg: Okay. My guess is there are a lot of people who get the passes who
22 may not actually use the passes. There are probably a lot of people who use them occasionally.
23 So I would love to see the analysis validated that the way we are saying the mitigation is going to
24 reduce traffic. If it turns out that people use them one-tenth of one-one hundredth of what the
25 headcount is, the actual-if 100 percent of the traffic getting off at the Downtown station is way
26 under what we are thinking the mitigation would be are we jiving? I know you can't answer that
27 tonight if you don't have the basis nUlTlbers but I think we need to do a rationality test on that
28 one.
29
30 Let me move onto some questions on the cumulative analysis on page 3.4-85. I am not sure I
31 understand how cumulative analysis is being handled for the transportation. Typically what I see
32 in other things is that it is the cumulative impact of multiple projects in adjacent areas. They
33 define the geographic context. Here we are saying that the LOS impacts under the project level
34 analysis above already accounted for cumulative growth through 2025 because growth has been
35 incorporated in the City of Palo Alto's demand forecasting model.
36
37 So if we have this model that says we h~ve a massive amount of growth from millions of
38 different things by 2025 and then we compare this to that what is triggering all that growth?
39 Where are they going? Our population is not growing that fast within Palo Alto. Stanford is the
40 largest employer. They are the largest sales tax generator, the largest retail. By every measure
41 they are they magnet, they are the bull's-eye, they are the target that everybody is heading to or
42 from. So if we have all this other cumulative growth what is it? If is other parts of Stanford then
43 why is it not part of what we see as the cumulative impacts of this project?
44
45 Chair Garber: Again, forgive me Commissioner. I don't know if we need an answer. We need
46 to record this as part of the comments.
Page 16
1 compares to the current figures. But it does indicate that the Palo Alto Downtown station is the
2 second busiest station along the entire Caltrain line. It also, from the data I have seen, looking at
3 this and the analysis I did it looks like most of the people taking Caltrain are doing so between
4 San Francisco and Palo Alto. A lot fewer people are doing them closer. I wouldn't expect
5 anybody to take Caltrain from Mountain View, maybe from San Jose. So the degree of how far
6 you go on Caltrain is not merely whether you are in a city that is close. You have to be far
7 enough away to have the wait for Caltrain make your while. So cities probably north of San
8 Mateo may make sense. Cities that are south of Sunnyvale may make sense. Anything between
9 San Mateo and Sunnyvale probably the overhead involved in taking Caltrain probably does not
10 make up that overhead compared to driving.
11
12 Chair Garber: Commissioner Tanaka.
13
14 Commissioner Tanaka: Thank you. So this question is actually for AE COM. So thank you for
15 putting this together. I have questions about the potential impact on two residential
16 neighborhoods, Downtown North and College Terrace. I noticed on page 3.4-1 that is looking at
17 Downtown North for right now. Let's do page 3.4-2 that the points analyzed are on Middlefield
18 going into Downtown North from let's say 101, so 19 and 20. I guess in 'terms of the speaker
19 had mentioned earlier was I guess the potential for cut-through traffic. Like you said, traffic is
20 like water it will kind of spread out and going down University is very difficult. I understand
21 why 19 was chosen because that is a natural choice to cut-through. But I think a driver going
22 down University towards the Medical Center depending on whether the light is green or red, if it
23 was green I would go onto maybe Webster and tum ri'ght, and then go and make a left on a street
24 like Webster is a lot less of a light to get off Middlefield. So I was just wondering whether any
25 thought had been given to the fact that maybe half the time or more that drivers might actually
26 tum into that neighborhood not necessarily go on Middlefield. ,
27
, 28 Mr. Struecker: Yes, that is why we looked at some of the residential streets in Crescent Park,
29 which is shown, well we don't have a graphic here I guess. I had one in the presentation.
30
31 Commissioner Tanaka: I was actually looking at Downtown North though because I think
32 drivers going down University all the way to Middlefield, and then after Middlefield I would
33 imagine that they would make a decision, do I go onto Lytton or Everett on Middlefield; or do I
34 do it on Webster or Cowper depending on lights. So I was wondering if you guys took that into
35 account or not.
36
37 Mr. Struecker: Well, we took it into account to the degree that somebody existing does it today
38 then that is accounted for in existing traffic movements. As they go over time they tend to go in
39 the same proportions.
40
41 Commissioner Lippert: I live on Hawthorne. There is a mitigation in place to prevent people
42 from cutting through Downtown North. Currently between the hours of five in the nl0ming and
43 ten you can't make a right hand tum off of Middlefield Road into Downtown North. You have
44 to go as far south as Lytton. '
45
46 Commissioner Tanaka: Okay, thanks.
Page 18
1
2 Mr. Struecker: Yes, and that is why we looked at Lytton.
3
4 Commissioner Lippert: Alld it is currently enforced by the Palo Alto Police. People do cut
5 through. It does happen. I am getting the hand from Mike because I know that he does it. The
6 neighborhood does have something in place to prevent that. Then also between morning hours
7 and afternoon hours there is also no left hand turn going down Alma Street from Menlo Park and
8 cutting through again Downtown North.
9
10. Chair Garber: Commissioners, just in general what we should be doing is less asking of
11 questions and more making statements so that they can either be considered for inclusion in the
12 DEIR or be responded to as to why they are or not.
13
14 Commissioner Tanaka: Okay, anyway it sounds like that is taken care of. I think in terms of the
15 College Terrace area I doubt that people would go to the California area because that is a very
16 common cut through when Page Mill is busy, which it looks like it is in here, so perhaps that
17 could also be studied and see if there is necessary mitigation measures for that intersection.
18
19 I have a question also I was looking at the map and it looks like Pasteur does not go all the way
20 through in terms of pedestrians and not necessarily for cars. I was wondering why. That might
21 also help mitigate the impact on Sand Hill Road and EI Camino, which is also one of the
22 intersections heavily inlpacted.
23
24 Chair Garber: Your thinking there is, or the question for the team here is could that be used as
25 an alternate route.
26
27 Commissioner Tanaka: Correct, and that might help unload off of that intersection.
28
29 Commissioner Keller: Are you suggesting connecting it to Campus Drive?
30
31 Commissioner Tanaka: Maybe all the way to' that or Quarry or Campus Drive so that instead of
32 having to funnel everything down on Sand Hill maybe ....
33
34 Commissioner Keller: It does connect currently with Welch.
35
36 Commissioner Tanaka: Right, but Pasteur doesn't connect with Campus Drive.
37
38 Commissioner Keller: Right and Quarry doesn't go that far.
39
40 Commissioner Tanaka: Okay. That's what I have so far.
41
42 Chair Garber: Commissioners, you have each had five minutes and for some strange reason we
43 are 55 minutes from where we started. That said, let's see if we can try and aim for like 10:30.
44 We may have more questions but maybe if we are succinct we can try and get at least close to
45 that. I just have a couple of quick comments but one clarification on your slide number six,
46 which is about background SUMC trip generation. You are describing new trips daily and then
Page 19
1 proportionately. Actually, I find that counter-intuitive, because from my point of view what I
2 would guess is that if you increase background traffic and there is more congestion then cut-
3 through traffic will increase more than linearly. The more congestion you have the more
4 intensive it is for cut-through traffic. If the background traffic is rather light there is no incentive
5 for cut-through traffic. As you get to LOS E and LOS F because the delays are increasing the
6 cut-:-through traffic would increase more dramatically.
7
8 Therefore I think the way to think of it is not that the cut-through traffic would increase
9 proportionately with traffic, but that the cut-through traffic would increase proportionately with
10 the delay. Since delay is super lin~ar, it is perhaps exponential with respect to traffic increases
11 then you would expect cut-through traffic to increase based on that. I think that makes sense.
12 Basically you are trying to avoid delay is why you would cut-through. I have seen people turn
13 left onto Downtown North from Alma Street between the hours of three and six.
14
15 Commissioner Lippert: It is not left. It is not right
16
17 Commissioner Keller: I have seen people take left hand turns on Alma Street onto Downtown
18 North from Menlo Park. I have seen it happen between the hours of three and six, and I have had
19 to wait behind cars when I was going straight even though they were making and illega11eft tum.
20 They are waiting there at the intersection to make the left tum when traffic was coming in the
21 opposing direction. So I have seen that happen.
22
23 I understand that people have said that a no new net trips requirement for Stanford is onerous
24 even though the Stanford General Use Permit requires a no new net trips for Stanford on the
25 general part of the campus. I actually have made a statement in favor of saying no new net trips
26 unless mitigated. What I mean by that is that an acceptable mitigation from my point of view is
27 get somebody else's car off the road. So for every car that Stanford puts on the road during peak
28 hours that is additional over baseline get somebody else's care off the road. Then that seems to
29 make a lot more sense.
30
31 Now how can you take people's cars off the road? Well, there are ways of doing it. There was a
32 mention in the EIR about increasing the Palo Alto Shuttle. That is one way of taking people's
33 cars off the road. Right now we are capacity constrained on the Embarcadero Shuttle to Palo
34 Alto High School. There is nlore demand for the Embarcadero Shuttle for Palo Alto High
35 School then there is capacity. As a result of that demand is suppressed below that. So to the
36 extent that the Palo Alto Shuttle can be expanded to take the Pa1y students an4 provide maybe
37 additional routes to take those students to Pa1y and maybe additional routes to take them home,
38 because you can't get to school if you can't get home. People have to go both ways. That is an
39 example of taking other people's cars off the road. I think that would be of general benefit to the
40 community and general benefit to reducing the 15 percent of the Stanford traffic that is expected
41 to go along Embarcadero Road.
42
43 Also, the 88 bus for Gunn High School is capacity constrained. According to the figures that I
44 got from the VTA essentially that is operating at seated capacity in the morning, and sometimes
45 in excess when it rains, well in excess of seated capacity. So taking those cars off the road at
46 Charleston and Arastradero would actually have some benefit in general. Getting VT A to
Page 21
1 increase their capacity and perhaps additional routes, perhaps providing Gunn students with
2 these VTA Bco-Passes as you do for the community wo:uld also help encourage taking those cars
3 off the road. So I think be creative in tenns of getting cars off of this structure.
4
5 With respect to cut-through traffic on Downtown North considering that a great deal of the
6 congestion is due to people coming from the north or people coming from the east who are
7 cutting through Menlo Park, taking Willow Road, and presumably because they can't get
8 through Willow Road all the way to BI Camino. Nobody is going to want to go on Ravenswood
9 that doesn't make any sense for people who are trying to get efficiently to Stanford. What they
10 are doing is making a left tum from Willow Road onto Middlefield, and then they are turning
11 right onto Lytton, and then they get stuck waiting for Lytton. Therefore, those people are turning
12 right into Downtown North to avoid the intersection of Lytton and Middlefield Road.
13
14 So first of all, one of t~e things that is a useful mitigation, and we have talked about traffic
15 adaptive signaling. But there is something to me that is much more interesting than traffic
16 adaptive signaling and that is timed signaling. So if we were to time Lytton Avenue so that
17 traffic moved at a constant 25 miles an hour, if the traffic was timed from Middlefield towards
18 Alma Street, once you get on that street the lights are timed in sequence in green at 25 miles and
19 hour just as there are streets in San Francisco that do that. You get on a street, you go at the
20 speed limit, and you get all the way to the other end and you know you are going to make it, and
21 you don't get stopped along the way. That is going to encourage people to take that route.
22 Similarly at Hamilton, you take Hamilton and have it timed signals that go all the way in the
23 other direction so that the traffic doesn't speed. It goes exactly 25 miles an hour, because if you
24 go faster than 25 mil~s an hour you are going to hit a red light. But if you are going exactly 25
25 miles an hour you are going to make it all the way through to the other end. I have personally
26 talked about the idea of having those be one-way streets. That would certainly, but traffic tin led
27 signals would certainly help this. I think for those two streets it would be much better than
28 traffic adaptive signaling and it would encourage that traffic and it would just go all the way. I
29 think that would be much more effective. Perhaps it could be increased by making those into
30 one-way streets in those directions, but I think that would be helpful.
31
32 I would like to know what is the goal for Go Passes and the goal for the drive alone figure for the
33 hospital. Do we have the numbers for that and the mitigation and the goal overall? Do we have
34 nurnbers for what those are?
35
36 Mr. Struecker: The Go Pass is 15.8 percent.
37
38 Commissioner Keller: So the Go Pass goal is 15.8 percent. How will that be road share, which
39 means an increase of about eight points or nine points?
40
41 Mr. Struecker: We worked off the data as Robert said from 2006, and existing at that point in
42 time was 3.6 so if we went to 15.8 it would be 12.2 percent increase.
43
44 Commissioner Keller: Alright, 12.2 percent. What you are thinking about right now they said
45 the data is almost six. So are we still going to 15.8 or are we going to 19, which is the current
46 mode share for the University?
Page 22
1
2 Mr. Struecker: I looked at those numbers briefly. The University now is doing 19+ and the
3 hospital is doing 6+ percent. So it is still pretty close to the 12.2 percent increase.
4
5 Commissioner Keller: Okay. So I think it was 5.7 for the hospital, if I remember correctly. So I
6 am wondering what the goal is. first of all, we should have a clear understanding of the goal. Is
7 the goal 15.8? Is the goal 19+? A clear understanding of what the goal is. Also a clear
8 understanding of what the drive alone mode share is. For the University mode share it says that
9 the drive alone mode share is a fantastic 48 percent, and that is down 20 percentage points or
10 more since the County implemented their GUP rules of no new net trips. So I think that is a very
11 important issue to think about. We would have to think about what the mode share is for drive
12 alone for the hospital, because I think that is in some sense another figure that needs to be
13 measured and a goal for that.
14
15 And, I would like to understand what happens when these goals are not met, because the
16 nlitigations ofP1, P2, P3, and P4 are based on an understanding of that mode share being met in
17 terms of Calt,rain and other traffic mitigations. I think we need to understand if Caltrain is not
18 met then it i~ not clear that the other Priorities combined will work to reach it. So I would like to
19 see in some sense some understanding of something with more teeth than simply mitigations that
20 are proposed, but an understanding that if they are not met then additional things will happen,
il additional traffic mitigations, or various kinds of measures of what this is.
22
23 I think one of the things that were done, I studied the Gunn High School Expansion EIR, and one
24 of the things that EIR did was said you exceed the number of cars exiting the driveway by 20-
25 some odd cars, and 54 students I think it was. When you exceeded that, you have to keep below
26 that in order to avoid the impacts. So in some sense what we have to think about is if we think
27 that a certain number of cars are being mitigated by these traffic adaptive signals and such, in
28 some sense if that is the anlount that we think are mitigating that then it would be helpful to see
29 that we actually don't exceed that number of cars exiting Stanford, and if we do then that calls
30 for additional mitigation for transit. So it seems to me that additional mitigations for traffic. So I
31 do think that to summarize 1) get somebody else's cars off the road; 2) have some measures with
32 teeth which allow for additional measures to be implemented if we exceed those goals. Thank
33 you.
34
35 Chair Garber: Commissioner Lippert and then Martinez.
36
37 Commissioner Lippert: Well, I have no desire to make it easier for Stanford employees to get
38 . here by motor vehicle. I don't have a desire to do that at all. I would like to try to find ways to
39 make it easier and to increase the number of employees that arrive by public transit. That is
40 really the key to success here. So I am looking at these zip codes, and it is a difficult table to
41 read and decipher. I think it is probably a little easier if I could understand the dot on the map,
42 measure the nunlber of enlployees in a zip code, or if it was done by color or something like that.
43 In fact there are a number of employ~es here that commute from out of state, Boston,
44 Massachusetts, and Kentucky, and Miami. I don't think that is even relevant to the data here.
45
Page 23
1 What I am thinking of here, and I don't even know if this considers the employees that will be
2 coming to the Hoover Pavilion in terms of working there as well. So what I am thinking, is there
3 a way to extend the Go Pass program and make it work better than it does on the campus right
4 now? Part of what I am thinking is that if parking were prohibitively expensive and the Go
5 Passes were provided for free then more people would be inclined to take public transit to get
6 there. The flip side of that of course is that we happen to have one of the largest parking lots in
7 Palo Alto immediately adjacent to the Stanford Medical Center, which is the Nordstrom parking
8 lot. So to circumvent the whole punitive nature of paid parking they could shop at Nordstrom
9 every day. Sir?
10
11 Commissioner Keller: The Stanford Medical Center and Stanford University already have paid
12 parking and I believe the Go Passes ate issued for free, is that correct? So I am getting nods
13 from them. So I figured I would add that to the list.
14
15 Commissioner Lippert: So how do you get that ridership up above that threshold that we are
16 looking for, the 19 percent or higher? I guess part of what I am thinking is Go Passes are being
17 provided to people that really are not going to be using them. Is there a way to take Go Passes
18 and provide them to other people that are commuting to Palo Alto that would not be working at
19 the Medical Center? I am using an adage here because this really has to do with energy. A
20 kilowatt saved is a kilowatt we don't have to generate in terms of electricity. In this case a car
21 off the road, does it really make a difference if it is one that is going to the Medical Center or
22 whether it one that is going to the Research Park or whether it is one that is going to the
23 Downtown? We already have impacts of people driving to the Downtown or to the shopping
24 center to work and impacting our neighborhoods in terms of parking in Downtown North for
25 instance.
26
27 Commissioner Keller: My understanding is that the Go Passes are issues to an entity like a
28 university or a company or a school or whatever, like a VTA Eco-Pass or Go Pass, and that you
29 have to buy them based on the census of that entity. Essentially for every employee and they are
30 not transferable to other entities.
31
32 Commissioner Lippert: Well.
33
34 Commissioner Keller: Certainly, an entity can buy thenl for some other entity but that requires
35 an additional outlay of cash.
36
37 Chair Garber: Again, let him get through his comments so that they can be added to the record.
38 We don't have to answer them.
39
40 Commissioner Lippert: What I am interested in is finding ways to mitigate the traffic and
41 mitigating ultimately the greenhouse gas emissions that are generated by those cars. The traffic
42 is then generated by those automobiles, congestion on the roads. So I guess where I am going is
43 is there a way for Stanford Medical Center to purchase these Go Passes and issue them for
44 instance to employees at the shopping center if they are not being used by employees of the
45 Medical Center? It is the general vicinity. It is still Stanford land. It may that Simon Group
46 runs the shopping center but we do have a large number of people that do commute from all over
Page 24
1 just sort of our questions about what this means. I hope for the remainder of our time we can
2 assist the Council by really putting back to our consultants and Staff some questions about what
3 really needs to be further addressed in the DEIR or the Final EIR. That is my thought.
4
5 Chair Garber: Commissioner Fineberg and then Tanaka.
6
7 Commissioner Fineberg: That is a hard act to follow. I think my next set of comments will live
8 up to the spirit of the request.
9
10 Commissioner Martinez: I will let you know.
11
12 Commissioner Fineberg: I raised before some questions about TRll, Cumulative Transit
13 Impacts~ on page 3.4-87. There has been a whole bunch of numbers bandied around since then.
14 I went back and looked at some other numbers from some other places in the document. Unless
15 I am making a mistake I don't think this mitigation statement that as part of our operations these
16 transit providers adjust service frequencies and distribution of services to meet demand trends.
17 As such cumulative impacts of transit would be less than significant.
18
19 The way I am figuring it I question if that is correct. Let me tell you where my numbers are
20 going. Commissioner Keller cited earlier that the people getting on and of Caltrain at the AM
21 and .PM peaks at the Downtown station is roughly 1,800 in the AM and a little over 2,000 in the
22 PM. Let's call it 2,000 to make numbers easy to think about. On page 3.4-45 it is talking about
23 750, I am rounding, additional trips in the peak AM and peak PM. Then it is talking on page 3.4-
24 67 in TR2.3 providing the Go Pass to 15.8 percent of the hospital employees. On page S-23 I
25 found that the population of the Stanford University Medical Center employees at full build out
26 is 12,123. If the baseline of that 12,000 is let's say five percent now are using Go Passes and our
27 goal is 15 percent then we are adding an additional ten percent of the population would use Go
28 Passes. So ten percent of 12,000 employees would be 1,200, I am rounding, employees. So our
29 baseline right now, we have about 2,000 people hopping on and off the train in the morning and
30 at night. We are going to give them an additional 1,200 that is I don't know, 40 percent. So we
31 are going to ask Caltrain to add 40 percent capacity during their AM and PM peak? How can
32 that be? Then we say adjust service frequencies and distribution so the cumulative impacts
33 would be less than significant. A 40 percent increase in capacity during peak AM and PM?
34 What is the threshold of significance? I think 40 percent is significant. ~o can that be addressed,
35 not tonight, but in future comments?
36
37 The other thing I want to say generally just to echo Commissioner Martinez's comments is I am
38 finding this chapter on Transportation difficult and how can I say this? Got an MBA from
39 Cornell, I have done gobs of work with day-to-day, I am technically proficient, I get the analysis,
40 but I don't understand what I am reading. It doesn't fit the common sense and the smell test. I
41 don't know how to incorporate that sense of incredulity into a CEQA comment that could be
42 resp'onded to in an EIR other than like what I am talking about with this TR-ll Cumulative
43 Transit Impact comment. I don't follow the logic and maybe there could be a quick executive
44 summary that would help Council. We have the baseline of our projections that include ABAG's
45 growth projections, and that includes Stanford because they are the major job-producing engine,
46 the major popUlation-producing engine, the major employer, the major source of sales tax. We
Page 26
1 have this baseline of growth and somehow using all our models that are black boxes proj ect
2 traffic for 2025. We have the biggest project in the City's history. Then we say with some
3 relatively focused mitigations there won't be significant impact. I don't follow that logic. I
4 don't see how you can get from the beginning to the end. It is partly because I am not following
5 how the models I guess I am questioning a lofofthe underlying assumptions in the models. I
6 am not seeing how they are getting us to those conclusions. If I am struggling with that and if,
7 forgive me, Council doesn't have ten hours to sit and go through these thousands of pages, and
8 read the thousands of pages and the Appendixes, if there can be a two-page summary that .
9 explains it, maybe some basic numbers, a kind of an executive summary especially on this
10 Transportation Chapter. I know I still don't get it. I don't understand how we are ,getting from
11 the beginning to the end, and I have read this, I have looked at the Appendixes, and I don't have
12 trouble with numbers, but I am just not following it. Thank you.
13
14 Chair Garber: Thank you, good comments. Commissioner Tanaka.
15
16 Commissioner Tanaka: Thank you. This is to go back to the Go Pass mitigation and other
17 alternatives other than what have been currently proposed. I just listened to my fellow
18 Commissioners about this and I am thinking perhaps it is not just employees but maybe residents
19 going to jobs outside of the area near a Caltrain station perhaps also could benefit. I know there
20 is a lot of negotiation that would have to happen with Cal train to kind of make that actually
21 happen but if you do that you could.get almost nearly 100 percent. To the residents, to City
22 employees, to Stanford employees at the shopping center, you could really expand the program
23 perhaps you would get a tremendous reduction in car trips. So that is something for
24 consideration.
25
26 Then the other thing I was just looking at is there are going to be a lot of construction workers
27 over the 15 years of this proj ect. I kind of want to reemphasize the pedestrian access for not just
28 the hospital workers but the construction workers, or anyone else that wants to dine and help the
29 economic activity in Palo Alto to make sure there is a nice core, a nice way of facilitating that
30 from the hospitals to the shopping center. I think that is important to have so we have a
31 reduction in parking, better economic activity, and less traffic. I
32
33 One thing I am not clear on is are we not talking about the climate change and air quality?
34
35 Chair Garber: Next time ..
36
37 Commissioner Tanaka: That's it. Thank you.
38
39 Chair Garber: We have follow up comments from Commissioner Keller and then Martinez.
40 Commissioner Keller.
41
42 Commissioner Keller: So the first thing is not only do I have the data on ridership of Caltrain
43 from 2006 I actually have the ridership by train. The ridership by train shows that in the
44 southbound direction in the morning the train that arrives shortly before eight 0' clock in the
45 morning has 214 people getting off and going to Stanford or Palo Alto, but probably most of
46, them are going to Stanford on the Marguerite Shuttle. Right before that there are 461 people
Page 27
1 onboard on that train when that data survey was done. I don't know what the capacity is of
2 Caltrain but it would be helpful to know what the capacity is of a Baby Bullet train. I can tell
3 you I have taken Caltrain Baby Bullets at around five o'clock out of San Francisco and they are
4 pretty darn full. So I am wondering where these other people are going to go if they are taking
5 that depending on what their schedule is.
6
7 Similarly the northbound schedule that leaves just after five o'clock in the afternoon 239 people
8 get on at the Palo Alto station and there are 397 people onboard right after that. So it is a little
9 bit less than there is in the morning but still a significant amount. So I am wondering how much
, 10 additional capacity and really to understand how the mode share is for people working eight to
11 five. They are going to try to catch those two trains and therefore peak demand certainly makes
12 sense.
13
14 I think it is helpful to understand that I actually engaged in discussions on behalf of Gunn High
15 School of trying to see what would be needed for Gunn High School to get Go Passes for all of
16 Gunn. I had some discussions with the VT A about that. What was constructive about this is I
17 got a letter in support of yes we are willing to price these Go Pass, we are willing to sell them to
18 you, but we are not willing to commit to increasing service. In fact, they were willing to say
19 they were writing a letter saying they won't increase service even if we gave all the students free
20 bus passes. Presumably demand would increase if you give them free bus passes but the original
21 draft letter says we are not going to increase service. I wrote back to them saying I am not going
22 to be able to write a letter to a grant agency asking for people to pay for Go Passes for Gunn
23 High School if you are not going to increase service. That is ridiculous. You are going to
24 increase demand and not have service that is sort of a self-defeating prophecy. That doesn't
25 really work. So I basically said to them that your policies are that you accommodate to increases
26 in demand to accommodate increases in service. But they basically said with their environment
27 the next year at least, and who know how much further it will be, the next so many years they
28 don't have the money to increase service.
29
30 So the issue is that if you expect VTA to increase service there has to be money behind it not
31 simply Go Passes because that is not going to work. If you want Caltrain to increase service
32 their budget is being cut primarily instigated by San Mateo County with the fact that there is no
33 dedicated funding for Caltrain. So they are being cut in San Mateo. VTA is happy to go along
34 with San Mateo's cuts and so is Muni because they want to protect their own bus service. So
35 these services are at risk and they are continually going down. So expecting that to fill in the gap
36 as Commissioner Fineberg mentioned in TR-ll doesn't make sense.
37
38 I think that also there is a lot of stuff here in terms of Transit Impacts, TR-7. I like a lot of what I
39 read here because it says you are going to expand this, you are going to expand that, you are
40 going to provide more capacity. These things need to be quantified. It says as part of the plan
41 communities are required, and then the comment says the SUMC Projects sponsors will
42 contribute the project's fair share of Palo Alto's'share of <expanded VTA community service.
43 Well, I am not sure if Palo Alto actually pays the VTA to expand the community service. I am
44 not sure exactly what the share would be from Stanford, but this needs to be quantified. You are
45 going to provide X dollars estimated with inflation based on VTA's costs to provide that. I
46 would say it is interesting because according to the figures that I know is that the Palo Alto
Page 28
1 Shuttle, the two lines, carry 175,000 passengers, boardings, a year at a cost of about $350,000
2 from the City plus another $150,000 or $175,000 that comes from sonlewhere else. The figures I
3 have are probably obsolete but they were that 1.3 million boardings for Marguerite. That is an
4 amazing, fantastic service. I guess the number has gone up since then. I don't remember what
5 they were. Are they 1.4 million now? So that is several times, eight or so times, what Palo Alto
6 gets for the Palo Alto but on the other hand there are 13 or 14 routes. You compare that with
7 VTA, the entire VTA county system, is about 30 million boardings a year. So contrast the
8 Marguerite with the VT A for the entire county and you are something like three or four percent
9 . of the entire county's boardings, which is pretty amazing. So I think that the issue is that .
10 Stanford has shown itself to a leader in providing transportation, at least on campus. I think that
11 if Stanford sets its mind to it and it shows that its mind has been sharpened very significantly by
12 the county GUP and let's see how Stanford can go well with the Stanford Medical Center and
13 community physicians and how we can really bring that down so that in fact there will be not
14 only mitigated impacts but in fact the mitigations will actually bring it down to zero rather than
15 bringing it down to sonlething that is below significance. I think that can be done, I think that
16 Stanford knows how to do it, and Stanford has done a fantastic job so far of 20-some odd
17 percentage points reduction in mode share of single occupant vehicles. That is an amazing thing
18 to do in ten or so years. I think that is fantastic. So it is a challenge to figure out what you can
19 do with the Medical Center. I realize there are more people in the Medical Center who are
20 coming from or nlore people who are patients and comnlunity physicians and such than the share
21 is on campus where it is a lot of workers and a lot of students who live on campus. A lot of
22 workers who have a schedule on campus. I think something can be done so I would challenge
23 you to do as equally as well a job and to have that quantified in the EIR exactly what that means,
24 and have it backed up by doing additional measures to make that work, and indicating what the
25 fallback measures are if it doesn't work. If that means that Stanford at some point in time says
26 we are not meeting the thresholds and the limits, and we are exceeding that, and they come back
27 to Palo Alto just as Stanford would have to do with the County with the GUP then so be it and
28 we figure out collectively the additional mitigations to make that work. I think that that's very
29 important and I think that Stanford is certainly a leader in the peninsula and most of the Bay
30 Area in this. I think that Stanford can do as well with the Medical Center. Thank you.
31
32 Chair Garber: Commissioner Martinez, some final words, and then we will wrap up.
33
34 Commissioner Martinez: Okay. I will be as quick as I can. On page 3.4-60 what do we do if the
35 mitigations don'twork? This is following in the steps of Commissioner Keller. I think there is a
36 lot more that can be done in terms of the TDM, much more creativity. It is rather weak. It
37 doesn't mention any kind of creative sort of Facebook kind of thing related to people using Go
38 Pass, and who should be using it. I get an email every month telling me I need to pay my Fast
39 Track. We can do things that are even much more multidimensional that. I didn't see anywhere
40 about rideshare and vanpooling and carpooling that is also a great alternative.
41
42 I wanted to get back quickly to Commissioner Lippert's point about housing. We know there are
43 two sure-fire ways to decrease traffic. You locate your project near transportation, which is not
44 going to happen. We couldn't even get them to move the building. The second is to build
45 housing near facilities, which ironically is one of the first items.ofthis section that describes the
46 policy at Stanford. I know when we discussed housing the impact was considered not so
Page 29
1 significant. I was curious because the study looked at improving bicycle and pedestrian access.
2 If it were only for the increased population, and you sort of calculate it out it would be for 42
3 residel~ts of Palo Alto. We know that is not the intension it is going to be used by all 10,000
4 workers at the hospital and students and Stanford employees, and that is the way we should look
5 at it because that is the total mitigation that would happen. We should also look at mitigation for
6 housing in that same way. We have a problem today of too much commuting by people who
7 work at Stanford. I understand we can't require it as a mitigation but the inclusion of increased
8 worker housing in the Development Agreement or as a mitigation for all this traffic would do
9 more to reduce this impact then anything I can think of. Thank you.
10
11 Chair Garber: Thank you. Commissioners, we are at the end of this particular item. I would
12 like tothank Stanford. We will close the public hearing and close this item. Thank you for
13 sticking with us for so long. We will see you next week.
14
Page 30
1 Planning and Transportation Commission
2 Verbatim Minutes
3 June 24, 2010
4
5 DRAFT EXCERPT
6
7 Stanford University Medical Center Facilities Renewal and Replacement Project: Meeting
8 to accept comments on the Draft Environmental Impact Report (Draft EIR) for the Stanford
9 University Medical Center Facilities Renewal and Replacement Project, including an overview
10 of the Climate Change, and Air Quality chapters of the Draft EIR.
11
12 Mr. Steven Turner, Advance Planning Manager: We do, thank you Chair Garber and good
13 evening Commissioners. My name is Steven Turner, Advance Planning Manager, and Project
14 Manager for the SlTMC projects. I just want to give a brief overview of about the Draft EIR and
15 the public review period. We have heard this presentation a number of times before but for
16 anybody who may be listening in or who is first time here tonight I will just go over the public
1 7 review period a bit.
18
19 We have released a Draft EIR for public review on May 20, for approximately a 69-day public
20 review period that will end on July 27. The process that we have taken in introducing the Draft
21 EIR to the Commission, the Council,' and the public is to breakup the Draft EIR into chapters for
22 review at 11 public hearings, six of which with the Commission, and five with the City Council.
23 Tonight we will be speaking about and focusing on the Climate Change and Air Quality
24 Chapters of the Draft EIR.
25
26 The purpose of tonight's meeting is to collect comments on specifically these two chapters but
27 really we will take comments on any chapter of the Draft EIR. It is not intended to discuss or
28 really debate the merits of the project this evening. It is helpful to keep the questions and
29 comnlents on the topics that we have identified in the Staff Report this evening, but as I
30 mentioned members of the public or the Commission may comment on any portion of the Draft
31 EIR. All of the comments that we receive through this process will be addressed during the
32 preparation ,of our Final EIR, which will come back to the Commission and Council later on this
33 year.
34
35 Just for the format of tonight's meeting, we have PBS&J here to provide an overview of the
36 Clinlate Change and Air Quality Chapters. They have members of their staff in the audience
37 tonight, technical professionals that worked on these two chapters, and they will be available for
38 questions that the Commission may have. The project sponsors have a presentation this evening,
39 approximately ten to 15 minutes. Then the Planning and Transportation Commission can accept
40 comments from the public and have their own questions and comments for Staff.
41
42 Before we get into Trixie's presentation I just want to give the Commission an update regarding
43 a meeting that City Staff had with the Menlo Park City Council this past Tuesday evening.
44 Menlo Park Staff invited City of Pal 0 Alto Staff to the City Council meeting with the City of
45 Menlo Park on Tuesday to provide essentially an overview of the project, and to provide some
46 background with regard to some of the more specific impacts that affect Menlo Park, and that is
Page 1
1 reduction goal of 30 percent below business as usual emissions. As such, the EIR applies as one
2 of its thresholds the 30 percent reduction from business as usual emissions.
3
4 The above slide summarizes the criteria and impact conclusions on Climate Change. The two
5 criteria that were addressed include whether or not the project would further the goals of the
6 City's Climate Protection Plan, and whether the project would through its proposed emissions
7 reduction program reduce the business 8;S usual emissions by 30 percent. The analysis shows
8 that even with the proposed emissions reduction program and additional mitigation the SUMC
9 project would have a significant and unavoidable impact under both criteria.
10
11 The mitigation measures that have been identified include those listed above. Mitigation
12 Measures CC-1.1 through CC-1.5 include commissioning or maintenance of new energy
13 systems, participating in the City's green energy program, greenhouse gas monitoring,
14 performing and annual waste reduction audit, and construction period measures as well. The
15 measures also include the enhanced Transportation Denland Management program involving the
16 Caltrain Go Pass, as well as previously identified measures to provide housing for SUMC
17 employees. As said earlier, the project's greenhouse gas emissions would be a considerable
18 contribution to Global Climate Change and as such impacts would be significant and
19 unavoidable. That concludes my presentation.
20
21 Mr. Mark Tortorich, Vice President of Design and Construction, Stanford Medical Center: Good
22 evening Chair Garber and Commissioners. We want to share with you a presentation of our
23 sustainability program for the proposed projects, and as it relates to the Climate Change sections
24 and Air Quality sections that you are considering.
25
26 First of all, one significant issue these hospital buildings face significant challenges in being
27 sustainable buildings, and challenges that we are working quite hard to overcome. The first is
28 our very strict infection control requirenlents. We obviously are caring for immune
29 compromised patients within our hospitals and so there are obviously very stringent requirements
30 on airflow, the amount of airflow, the quality of air, which generally requires that it be
31 mechanically ventilated. OSHPD, our state agency does heavily regulate these buildings and
32 ultimately is the final authority on what types of systems we can implement. Third, we are
33 running 24/7. So it is a 24-hour operation. We don't have great opportunity to shut these
34 buildings down and conserve energy during off-peak hours.
35
36 LEED, Leadership in Energy and Enviroinnental Design, the standards'within LEED are
37 predominantly created for commercial buildings not for healthcare buildings, and specifically not
38 for hospitals. However, there is an awful lot of work underway to prepare guidelines for
39 healthcare buildings. The Green Guide for Healthcare is one of those guidelines. The design
40 teams employ consultants who are primary authors of the Green Guide for Healthcare and we
41 have used that as sort of our roadmap for sustainability in our projects.
42
43 Finally, the Draft EIR concludes that with mitigation the project will result in approximately 25
44 percent fewer greenhouse gas emissions than business as usual. We appreciate the City's
45 consultant's thoughtful work on this, however we think there may be some technical
46 clarifications that will demonstrate that we are really very close to the 30 percent goal thathas
Page 4
1 been outlined. For example, by designing much more energy efficient buildings we will use less
2 chilled water from our central utility plant, which will reduce the amount of emissions created by
3 that plant to produce the chilled water.
4
5 We have talked about within our design process 15 Big Ideas for Sustainability. You see them
6 here. We want to highlight the top six, and give you some illustrations of what we are doing in
7 these areas to provide sustainable buildings. First is our desire in our design attempt to achieve
8 Energy Star scores of 90 to 95 for the hospital buildings. That is a very, very ambitious goal.
9 That goal will require the approval of state OSHPD to achieve. What that nleans is we will be
10 designing these hospital buildings to use 35 percent less energy than typical hospital buildings,
11 and 20 percent less than a hospital designed to meet the current energy standards. There are a
12 couple of features that you will see later in the presentation that talk about how we are
13 attempting to achieve those goals.
14
15 Our School of Medicine buildings, which are not regulated ~y the State of California as hospital
16 buildings are designed to use 30 percent less energy than buildings designed to meet current
17 standards.
18
19 Finally, we are absolutely committed to using green materials and recycled materials wherever
20 possible to reduce greenhouse gas emissions during construction.
21
22 So what are sonle of these features of our projects? We are using first and foremost a
23 displacement ventilation system. I will talk a little bit more about that. That is a rather novel
24 approach for healthcare buildings, and certainly for hospital buildings. It has been used in one
25 test example by Kaiser at a facility in Modesto. We are close to the bleeding edge on this
26 technology invention. It is a bit of a risk I will have to admit, on the part of the hospitals, to do
27 this, but it is the only way we can achieve superior energy performance we believe.
28
29 Variable air volunle systems are being designed within the facility. Obviously occupant controls
30 for patient rooms, occupancy sensors as well, so that we can mi~mize the use of energy when a
31 room is not occupied, and certainly in comparison to our existing facility.
32
33 We are connecting the existing buildings to the Stanford COGEN, the existing cen~al utility
34 plant that exists on the Stanford campus. We are not building an independent COGEN plant for
35 the hospitals, as you may see other healthcare providers doing. You would see at El Camino
36 Hospital in Mountain View they did that. Mills Peninsula Hospital in Burlingame has done that.
37 We are connecting to the existing COGEN plant.
38
39 So displacement ventilation, what does it really mean in technical terms? You will see the
40 graphic down below. That is me under the cup of water in a few years. Typically the way that
41 you mix the air within the environment is that you provide supply and provide return in the
42 ceiling cavity. So you are really diluting the existing air by punlping a lot of new air, controlled
43 air, into the space.' Displacement ventilation introduces new air into the room at the floor and
44 exhausts at the ceiling. So you can reduce the amount of horsepower necessary for the fans to
45 produce the volume of air. You can also increase the temperature of air provided to the space
46 because of this separation effect. So it again is novel technology, it we think is very promising
Page 5
1 within the constraints of energy use, but it also means we have to do some other things to the
4 architecture.
3
4 The control of daylight into the buildings is very important. We have used the same concept for
5 both the Stanford Hospital and the Lucile Packard Children's Hospital but we have applied that
6 concept very differently in architectural terms. So for the Stanford Hospital the glass fayades
7 that you see in the building renderings are really a doub,e layer of glass. Actually there are four
8 layers of glass to create a double curtain wall fayade. Within the double curtain wall will be
9 operable louvers, large Venetian blinds that will adjust mechanically with the sun nlovement
10 around the building to make sure that there aren't hot spots on the floor that the displacement
11 ventilation system would then have to try to cool. So by modulating the amount of sunlight into
12 the building, again we can reduce the amount of energy used and therefore the amount of
13 greenhouse gas emitted into the atmosphere. The system we are using at Lucile Packard
14 . Children's Hospital is a louver system on the exterior of the building. The differences between
15 the two are really related to the different architectural expressions that not only the architects
16 want to take but the different view that each hospital has of itself and the way that it wants to
17 express the buildings. So similar system applied differently, but all with the attempt of having
18 the solar gain controlled passively, or somewhat mechanically and actively, through the design
19 of the buildings.
20
21 We are obviously committed to using recyclable materials and practices wherever we can like
22 the attempts to use crushed concrete from demolition within our projects. Obviously we cannot
23 use the crushed concrete for foundations of the hospital but we can certainly use it as roadway
24 base, and backfill within trenches and pipes. We are using materials amenable to natural and
25 green cleaning methods. That is something we talk about quite a bit within the hospital
26 environment is to provide materials that are continuously healthy. Then as you have seen within
27 the various architectural presentations there is an extensive use of green roofs within the
28 facilities. It provides a comfortable environnlent within the facility. It also obviously provides a
29 very attractive space to look out or space to use within the roofs. You can see the abund'ance of
30 that technology within these buildings.
31
32 Our architects also are very aware of material use. So this is a screen capture from Perkins + .
33 Will, our architect of the Children's Hospital Just to give you an illustration of their
34 precautionary list of specified materials. This list is updated regularly. It is real-time data that
35 can be used by the designers so that they are aware as materials and technologies are being
36 updated how they can specify the latest and greenest materials for the buildings that we are
37 designing.
38
39 As I mentioned before about green roofs we also have really done quite something I think that is
40 really quite spectacular at the Children's Hospital. That is that we have taken the parking lots
41 and structures on the facility and we have turned that hardscape into greenscape. We have
42 created about three and one-half acres of greenscape on the Children's Hospital site that didn't
43 exist there before. Clearly that is going to help us conserve energy and create a much more
44 public green face to the hospital. We are taking similar efforts obviously over at Stanford
45 Hospital and Clinics.
46
Page 6
1 Then an element that I think you may have seen a more thorough presentation of this probably
2 quite awhile ago, and Christine Hansen from our General Services Department could always
3 provide an update. We have already implemented within the hospital a very significant waste
4 reduction program, and you would see that program enumerated within the tables within the
5 Environmental Impact Report. ·We are obviously very committed to maintaining that waste
6 reduction program and enhancing it in the future. So not only are we constructing green
7 buildings but we also are going to be operating green buildings. So that sustainable practice is
8 already part ofour business practice but will be improved as we deliver these new facilities.
9 That concludes our presentation and happy to take any questions you have later.
10
11 Chair Garber: Thank you. Before we corne back to the Commission we will open the public
12 hearing. I have one card. If there are other members of the public that would like to speak
13 please fill out a card. Michael Griffin. You will have five minutes.
14
15 Mr. Michael Griffin, Palo Alto: Good evening Commissioners. I have reconstituted my
16 previous comments and nlake them into questions concerning the adequacy of the Medical
17 Center DEIR relating to traffic impacts.
18
19 First of all, while the DEIR acknowledges Stanford knows the horne location of all its employees
20 by zip code there appears to be no attempt to correlate that data with the development of the
21 project's TDM scheme. The TDM proposal is Caltrain centric, which will help employees living
22 in a city served by Caltrain. The question is why then is there not a similar solution for East Bay
23 employees to encourage and financially assist them in riding BART, and the U-Line, and the
24 Durnbarton express buses?
25
26 Secondly, why is there no analysis on the probability that Caltrain can and will have the where
27 with all to deliver sufficient new capacity making the Go Pass solution a valid one producing the
28 mitigations pronlised in the DEIR. Will there in fact even be a Caltrain when we need it?
29 Considering this uncertainty why then is there no discussion of a backup plan should Caltrain for
30 whatever reason be unable to perform its role as the primary service provider for making a reality
31 of the TDM scheme with its reliance on the Go Pass that we hear so much about this evening?
32
33 Thirdly, the trip distribution map on page 48 shows that the vast majorityof regional traffic
34 attempts to access the Stanford projects from the east, basically exiting off 101 and then sifting
35 westward through the neighborhoods until finally reaching Stanford. Why doesn't the DEIR
36 analyze methods of incentivizing motorists to access Stanford off of Highway 280 in the west?
37 Why was there no discussion of encouraging this western access thereby avoiding traffic impacts
38 throughout Palo Alto between 101 and El Camino Real? Why wouldn't offsite park and ride lots
39 at SLAC and behind the berry farm for example be of benefit in accomplishing this goal?
40
41 Fourthly, why is there no discussion of no new net trips? No new net trips are a requirement of
42 Stanford's Santa Clara County General Use Permit. Why doesn't the DEIR discuss the
43 applicability of this County requirement to SUMC? Thank you.
44
45 Chair Garber: Thank you. I see no more cards so we will return to the Commission.
46 Commissioners, let me suggest that we take Air Quality first and we can take a round there.
Page 7
1 Then we can come back and do Climate Control. Do the Commissioners feel that they will need
2 any more than one five-minute pass on the Air Quality Chapter? If I can get a nod of heads. If
3 we can do that we can try and keep our comments to about 30 to 35 minutes or so. Would
4 someone like to lead off? Commissioner Martinez~
5
6 Commissioner Martinez: Normally when I read these things, no offense, 'but I sort of skip over
7 the construction phase because my attitude is it is temporary, it is going to pass, and I like
8 looking at construction. So I don't feel we need to cover it up. In this case I was sort of struck
9 that in the discussion of the construction phase the mitigation took the same standard route of
10 construction vehicles, and diesel, and screening activity, and dust, and like that which are all
11 valid. It doesn't ~ake into account that we have an operating hospital right next to what is going
12 on. I didn't see anything in this discussion that talked about the impact on patients, on clinic
13 . visitors, on people with transplants who have a suppressed immune systems. The dozens of
14 people you see walking around Stanford right now with respirators. It just seemed to be a gross
15 onlission of sort of the circunlstance of construction. Maybe I nlissed it but it just seems to nle
16 that it would be one time during construction that there would be a red flag.
17
18 . Similarly, construction is stated to be over 12 years. Well, that is in my estimation, I don't really
19 see anything there about it, but that is not 12 years of constructing a hospital and a medical office
20 building, and the Medical School buildings. I assunle that there is a phasing plan and that the
21 hospital will likely be the first major construction project, which with all its excavation, arid
22 underground constructions, and heavy equipment would have a greater impact than smaller
23 buildings. So I would have liked to have seen some measure, a graph, a bar chart that kind of
24 shows that this impact on air quality isn't standard and kind of a flat line through the 12 years of
25 construction, but it does have some peaks and valley. It seem to me a discussion of the highest
26 peaks, and mitigations for that isn't going to be something that is carried for 12 years but it
27 should be addressed separately.
28
29 Again, on Air Quality we see that the greatest impacts come from pollution from automobiles
·30 and like that. We keep coming back to the mitigation measures that were stated under Traffic
31 and under Land Use, and like that, the importance of Go Passes, and TDM, and like that. It is
32 even discussed in the next section that we are going to be talking about. It seems to me to put so
33 much faith in those measures, as a member of the public spoke just a minute ago, for Caltrain
34 that is on kind of shaky ground right now and even its capacity to be ab~e to do what we hope it
35 can do. So it seems to me like we need to have a greater introspection of these assumptions
36 about the TDM and our traffic mitigation measures. I am going to come back to this in the next
37 round, but I really want to talk about really putting some, really some more vitality into these
38 measures to give us things that have a greater chance of working for us. Thank you.
39
40 Chair Garber: Commissioners? Commissioner Keller and then Fineberg.
41
42 Commissioner Keller: I am looking at page 3.5-21, Table 3.5-8. This table identifies several
43 intersections for study. So I am curious first of all about how the future baseline of 2025
44 somehow got magically cleaner than the current. I am assuming that is probably because the
45 California Air Resources Board and the US EPA is continually ratcheting down on emissions
46 from vehicles. That is what I am assuming is going on. But I want to compare these with a chart
Page 8
1 that is Figure 3.4-8, which is the local distribution of trips as well as 3.4-9, which is the regional
2 distribution of trips. What is interesting to me about this is if you look at the intersections that
3 have been considered there are no carbon monoxide concentrations that have been considered
4 that are east of El Camino. If you look at Chart 3.4-8 it looks like a significant amount of the
5 traffic is coming from east ofEl Camino. In particular, it says that 15 percent of the increased
6 . traffic is going along University Avenue, 15 percent of the traffic is going along Embarcadero
7 Road, seven percent of the traffic is going along Oregon, and so the lack of studies of
8 intersections for which these significant amounts of traffic coming fronl the east ofEl Camino
9 seems to be a lack. It seems to be an oversight that is inappropriate.
10
11 If we take a look at the regional trip distribution we get 15 percent coming from 101 to the north,
12 11 percent coming from the Dumbarton Bridge, 21 percent coming from 101 from the south, and
13 that adds up to 47 percent, and that doesn't cpunt the four percent coming from Central
14 Expressway direction. What that seems to indicate to me is that we need to understand the
15 amount of carbon monoxide and other pollutants coming from 101 direction, and that which will
16 be wafting over the eastern portions of Palo Alto near 101. There are no intersections along 101
17 that are being considered. So that to me is somewhat bothersome about this.
18
19 I think that there is a strong correlation between these mobile source pollutants and traffic. What
20 is interesting to me about this is that the traffic nlainly considered the issue of AM peak and PM
21 peak, in other words the peak during rush hours. But the pollutants are more widespread in
22 terms of when traffic comes any other time of day. ,That adds to the eight-hour load but it won't
23 necessarily add to the one-hour average load. So I think it would be helpful to understand a little
24 bit more about traffic midday and understand what those impacts would be so that we can better
25 understand the eight-hour average for this. So that is something that needs to be further
26 considered, particularly considering the coverage area where 6,0 percent of the trips involve
27 people who are patients at the facilities, understanding where that comes from is important to
28 understand the traffic impacts and the pollution impacts from that traffic. Thank you.
29
30 Chair Garber: If you have something else why don't you go ahead? Okay. Commissioner
31 Fineberg.
32
33 Commissioner Fineberg: When we measure the impact of a project on traffic we look at a
34 baseline of what is existing and then require mitigations for only the portion above the existing
35 baseline. Is that the same model for Air Quality impacts or does it measure the total amount of
36 emissions from the entire new buildings, and there is sort of no credit for something that is
37 already there causing impacts?
38
39 Ms. Martelino: Geoff Hornek will answer that question.
40
41 Mr. Geoff Hornek, Consultant: In .general our emission estimates are net emissions for the
42 project. So because there is an existing medical center there we subtract that from the proposed
43 plans for the Medical Center. So in this case all the emission estimates you see are net
44 emISSIons.
45
Page 9
1 specifically that sensitive receptors cannot be exposed to contact with that concrete if it has
2 excess heavy metals in it.
3
4 The last thing is that the applicant mentioned that they are connecting to the existing Cardinal
5 Cogeneration Plant. Has there been consideration of how power is supplied to that Cardinal
6 Cogeneration Plant, and what contingencies will allow the hospital to continue operations at full
7 capacity for long periods of time in the event there is a power failure because of a single source
8 supply through an area that is in a floodplain, in soil that is at high risk of liquefaction, and
9 subject to potential earthquake risks? Those natural disasters that would take out the power
10 supply would cause a high demand on the hospital at a time when there is a power failure. I am
11 just wondering if there has be~n a plan for secondary sources of power into the Cardinal COGEN
12 system so that the hospital wouldn't be taken down.
13
14 Chair Garber: Commissioner Lippert, and then Garber and Tanaka.
15
16 Commissioner Lippert: Yes, I have a couple of questions for the EIR consultant particularly
17 regarding the Air QualIty aspects., I am looking at the presentation that you did here and the
18 chart. The. localized carbon monoxide impacts for motor vehicles is less than significant. We
19 have already addressed I believe through Transportation Demand Management program trying to
20 mitigate that. With regard to the operation of the mechanical equipment during construction
21 work can some of the I guess air pollution emissions be offset simply by requiring that
22 construction workers commute here via public transit or that there be a Transportation Demand
23 Management program for that aspect of the project?
24
25 Chair Garber: Commissioner, do you need someone to respond or can we just simply take that
26 as a comment to be added to the EIR?
27
28 Commissioner Lippert: Why don't we get a response on that because I have another question
29 associated with that?
30
31 Chair Garber: Okay.
32
33 Mr. Homek: Just as a quick answer on that the equipment that you are actually using for the
34 construction, the emis~ions from it are usually far and away greater proportionately and
35 absolutely than any contribution that the worker vehicles would add. So we have estimates for
36 those worker emissions, but I guarantee you that they are a small fraction of the total for the
37 equipment emissions.
38
39 Commissioner Lippert: Yes, but going another step with that what I am thinking is if you look at
40 the level of service for a lot of intersections and people coming in from the east, or from
41 Bayshore Freeway, when the level of service is reduced you have vehicles sitting in traffic. So
42 again, and I understand what you are saying, because construction equipment uses far more fuel.
43
44 Mr. Homek: That would be a finer scale detail than we would be able to address. What we are
45 dealing with are purely the number of construction worker commutes and average distance that
46 they drive. To add in the added factor of what exactly the vehicles are doing at every point
Page 11
1 during the commute would add enonnous complexity to the calculation, but I don't believe it
2 would really change the fractional comparison as you compare the equipment emissions to the
3 commute emissions.
4
5 Commissioner Lippert: Okay, while I have you up there with regard to the presentation that
6 Mark Tortorichmade with regard to looking at the standards going from LEED to Energy Star in
7 tenns of running the equipment, and I understand what the difference is. Does that at all help us
8 in tenns of getting into compliance by following the Energy Star standards and making it an
9 Energy Star building?
10
11 Mr. ·Homek: Most of the criteria pollutant emissions that we calculated in the EIR were based on
12 purely the COGEN contribution to total emissions. Again, proportionally they would be the
13 most dominant factor in both criteria pollutants and greenhouse gas emissions. So I think again
14 we are getting into, at least in my calculations for criteria emissions I didn't address the energy
15 efficiency question at all. It was a question of basically the motor vehicle use associated with the
16 hospital, the energy use large scale for heating and cooling, and a nurrtber of other peripheral
17 sources, maintenance equipment, and that sort of thing. The effect of the energy efficiency on
18 that total would be a fairly small variation in the baseline I calculated.
19
20 ·Commissioner Lippert: Okay and then one last just to put things in perspective. Conventional
21 wisdom up until say the last ten years was that 85 percent of a building's lifecycle costs were
22 really captured in maintenance and operation of the building not in the construction of the
23 building. With higher efficiency standards being used, does that skew at all in tenns of the
24 proportion in tenns of reducing that 85 percent, and what lam thinking is 85 percent of the cost
25 again fossil fuel getting more expensive, reducing that 85 percent cost down to 65 percent, does
26 it buy is anything?
27
28 Mr. Homek: Actually, you are getting a little bit outside nly expertise here, but I might ask
29 Michael Hendrix if he has anything to add on that, our greenhouse gas.
30
31 Mr. Michael Hendrix, Consultant: You are right most of the emissions, especially for
32 greenhouse gases, are what we are talking about when you are looking at energy efficiency and
33 the energy consumption for the project. That 85 percent is the focus of the mitigation for climate
34 change. One of the problems with a hospital is that by its nature it is energy intensive. So there
35 is only so much we can do as far as efficiencies. In particular the emergency medical
36 transportation system such as helicopters, anibulances, those sorts we cannot reduce the fuel
37 consumption of those. Then again, the energy efficiencies like we don't know how to reduce
38 emissions or electrical consumption associated with MRI units and those things that are used in
39 hospitals. So there is a lotof energy intensity in hospitals that maybe in a nonnal building we
40 could do some more robust mitigation for. We did offset inthe ClImate Change 100 percent of
41 the electrical emissions associated with greenhouse gases through the Palo Alto Green Energy
42 Program.
43
44 Commissioner Lippert: Did you want to add anything to that? Thank you, I will pass it along to
45 the next Commissioner.
4p
Page 12
1 Chair Garber: That would be me followed by Commissioner Tanaka. On page 3.5-17 under
2 AQ-l.2, item number A, it says where possible electrical equipment will be used instead of fossil
3 fuel powered equipment. It occurs to me you may want to include if it is appropriate natural gas
4 using vehicles.
5
6 On the following page there is a general description with mitigation measures. I don't have a
7 specific citation here, but it occurs to me in alignment with some of the other comments that
8 have been made by the Commissioners and also related to our last Transportation element that
9 establishing a plan for how the construction workers actually get to the site has likely impacts
10 -both on Air Quality as well as Transportation. Given the duration of the project is many, many
11 years long it could have a significant impact. In any case, I believe that could have significantly
12 mote meat around it. Commissioner Tanaka.
13
14 Commissioner Tanaka: Thank you. I have a few quick questions for Trixie. The way I read this
15 chapter it seemed like the majority of the impact comes from mobile sources, which seem to be
16 basically transportation. Is that correct?
17
18 Ms. Martelino: That is correct.
19
20 Commissioner Tanaka: It looks like on page 3.5-18 that 60 percent of the trips are actually nlade
21 by patients. It says that in the first paragraph.
22
23 Ms. Martelino: That is correct.
24
25 Commissioner Tanaka: Okay. So I guess when I was thinking about this chapter is I kind of
26 assumed that given the aging population and the importance of health care that some sort of
27 hospital facility would have to be built somewhere. So do you think about the difference in
28 terms of if it was built here in Palo Alto what the air quality impact would be versus if it was
29 built say in Redwood City versus Mountain View versus Sunnyvale versus other cities in terms
30 of how patients would get to the hospital, whether this is a good location, in terms of air quality
31 impacts whether this would increase trips, decrease trips, has that analysis been done?
32
33 Ms. Martelino: In some cases the EIR takes a look at an alternative location in the Alternatives
34 Analysis. In this case, an alternative location was rejected as infeasible.
35
36 Commissioner Tanaka: I see. So you are saying that this is the best location then given the air
37 quality impacts?
38,
39 Ms. Martelino: There has been no analysis as to what a better location would be in terms of air
40 quality impacts. When you look at the Air Quality analysis for criteria pollutants we are looking
41 at standards on a basin wide level.
42
43 Commissioner Tanaka: Okay, thank you.
44
45 Chair Garber.: Commissioner Martinez, anything more?
46
Page 13
1 Commissioner Martinez: I think I am going to overlap into the next section so I can wait.
2
3 Chair Garber: Okay. Commissioner Keller and then Fineberg.
4
5 Commissioner Keller: Thank you. A couple of things. Firstly, since a significant amount of the
6 sources seem to be from mobile sources adding to a significant air quality concern I am
7 wondering whether it is possible to offset some of these mobile sources of pollutants, particularly
8 by increasing shuttle services for patients to be able to get to and from the Medical Center from
9 the surrounding area, and by increasing transit for patients during the day whether that will mean
10 that people can get there without taking cars, and thereby reduce both congestion and traffic
11 during off hours as well as criteria pollutants. .
12
13 I know that some jurisdictions have further incentives for alternative fuel vehicles. Notably
14 Vacaville; wJfich is sometimes referred to as 'voltage-ville' has long had programs for promoting
15 alternative fuel vehicles. I am wondering if anybody has studied the degree to which funding
16 such a project for Palo Alto or perhaps other communities surrounding Stanford might reduce
17 criteria pollutants sufficient to make an impact on the current amount of impacts. In other words,
18 significantly reduce the impact that is provided, perhaps not to eliminate it, but perhaps to make
19 a dent so· to speak.
20
21 With respect to the COGEN plant, I understand the COGEN plant generates power from natural
22 gases is that correct? It generates both, it is co-gen, so it generates processed heat, hot water,
23 cold water, or chilled water, and electricity. So the first thing is what has been done about
24 potential disruption of potential supply of natural gas particularly in an earthquake? So are there
25 sufficient reserves of natural gas in the event of an earthquake to provide continued operations
26 until the supply is restored after disruption? Assuming that the COGEN plant is allowed to
27 continue to operate does it have sufficient capacity and reserves to operate during a power outage
28 or a natural gas supply outage? Could the COGEN plant also provide backup power to the
29 Stanford University Medical Center so that if we have a further disruption of power from an
30 airplane hitting the 'single point where all of the power lines come into the City of Palo Alto that
31 at least the hospital would have a backup supply of power. I think that certainly should be
32 considered.
33
34 A summarizing question. There is a notion of non-attainment days that I understand is a
35 principle of the Air Quality Management District. I am wondering how many non-attainment
36 days in terms of ozone, or carbon monoxide, or whatever the criteria pollutants are that are
37 measured for non-attainment days, how many non-attainment days the Bay Area Air Quality
38 Management District currently has and how likely is it that the project will adversely affect, in
39 other words increase, the number of non-attainment days that the Bay Area Air Quality
40 Management District has? Does it move the needle in terms of the entire district or does it not
41 move the needle? Obviously it moves the needle in terms of significance on a lower threshold
42 but it would be interesting to actually see whether it nloves the needle in terms of the overall air
43 district considering that this project is of significant size. Thank you.
44
45 Chair Garber: Commissioner Fineberg and then Lippert.
46
Page 14
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Commissioner Fineberg: Thank: you. The applicant had a presentation with slides with a fair
amount of detailed text. Is that something that can be made available to us? There was a
considerable amount of text in there that I personally at least couldn't take in given the quick
pace of the presentation.
Mr. Turner: Absolutely. We can make copies available to the Commissioners and to the pUblic.
Commissioner Fineberg: Great, thank: you. Then I have a question ahout
Chair Garber: Commissioner Fineberg, Commissioner Keller would like to as a follow up.
\
Commissioner Keller:· Can I request that in the future that the applicant provide copies of the
presentations at places during the presentations so that we don't have to scribble notes? We
didn't get them. So it would be helpful if the Commissioners had them at places too.
Mr. Turner: I just want to nlake sure the Comnlissioners have this packet where the applicant's
presentation is on the back. Okay, just want to make sure.
Commissioner Keller: Thank: you.
Chair Garber: Apologize about that. Commissioner Fineberg.
Commissioner Fineberg: I don't believe I have it but maybe it is .... and the end of our Staff
Report?
Commissioner Lippert: It is part of the PowerPoint. The first part is the Staff s presentation ·and
the last part is Stanford's presentation.
Commissioner Fineberg: Forgive me then. I take that question back. It got filed with the last
item. Okay, I am hearing a comment from my fellow Commissioner though that the print is so
small and gray that it is not legible. So enough said on that one.
I have a question on Mitigation Measure PH-3-1. Basically it says that the City should consider
reducing the impacts of the ratio between jobs and housing as a way of nlitigating air quality
impacts. That to me goes to the heart of the air quality impacts, the traffic impacts, and how we
measure housing and the demand that ABAG will place on us to build more housing. Within the
DEIR it talks about it in the Housing section so that ties it with this topic.
We right now are factoring.eight percent of the new workforce will live in Palo Alto so 92
percent will be driving into the facility. That is where the air quality impacts and the patients are
generating the mobile greenhouse gases. I think we need to have some consideration of what
means do we have to avail ourselves of, how can we address the jobs/housing imbalance within
this proj ect to reduce the inlpact on the greenhouse gases? Simply mentioning that a mitigation
is an option I don't think is specific enough. So can comments from Staff or consultants at a
later date address what mechanisms the City could use ·to create those mitigations triggered by
the imbalance in the jobs to housing ratio?
Page 15
1
2 That goes to the earlier question we had about wh~ther using the eight percent, because they
3 happen to live in Palo Alto, is the correct methodology? Or are we mitigating only the historic
4 proportions or are we really attempting to reduce trips and house those that work within Palo
5 Alto? Should the DEIR address what the answer to that question is? Thank you.
6
7 Chair Garber: Thank you. Commissioner Lippert. I have a couple of questions for Mark
8 Tortorich.
9
10 Mr. Tortorich: I will do my best to answer them.
11
12 Commissioner Lippert: I was very impressed by your presentation, particularly the use of
13 Energy Start. That was a point that I was going to bring up earlier. With regard to your
14 displacement ventilation system and the way you are going to be providing an envelope to the
15 new building, are you going to be re-improving those portions of the existing Medical Center
16 that are going to remain? How are you going to bring those up to efficiencies or are you not?
17
18 Mr. Tortorich: So we are proposing the demolition and removal of a significant portion of the
19 Medical Center so we can build new efficient facilities. The 1989 beds that remain we don't
20 currently have a plan to renovate them extensively for energy efficient performance. But by the·
21 management of the beds there we will improve the energy performance, because we will lower
22 the occupant load, and in a low census we could actually shut down portions of those units and
23 tum off air conditioning and power to those units.
24
25 Commissioner Lippert: With regard to the OSHPD standards here with regard to infectious
26 disease, actually it is stringent infectious control criteria. What I read in that is mechanical
27 ventilation, filtering as a necessity but not all conditions or all diagnosis are infectious in fact.
28 Are there ways of separating out and perhaps using those wings for noninfectious treatment?
29
30 Mr. Tortorich: Well, the risk isn't necessarily to the patient that may not have an infection. The
31 risk is that you are in the hospital environment with patients that do have infections and there can
32 be a spread of those infections within the hospital environment. So there really isn't a way that I
33 know of to segment the building between different disease types in any manageable way ,
34 effectively. The infection control rules are certainly administered by OSHPD but they are also
35 administered by the hospital itself and by the joint commission that will evaluate and certify
36 hospitals as fit to be operated.
37
38 Commissioner Lippert: Okay. Please.
39
. 40 Chair Garber: Commissioner Martinez, a follow up.
41
42 Commissioner Martinez: It used to be that OSHPD would require 100 percent fresh air in
43 hospitals. Has that changed?
44
45 Mr. Tortorich: Oh no, that has not changed. No, it has gotten more strict in terms of the number
46 of airflow and air exchanges.
Page 16
1
2 Commissioner Martinez: How does that affect this innovative ventilation system?
3
4 Mr. Tortorich: Well, so we in effect have to get OSHPD to agree to alter the code or to give us
5 an alternate means of compliance to the code. The challenge is, to be quite candid codes can be
6 somewhat arbitrarily written, but once they are written they are the standard. If you want to
7 change the standard you have to provide more science to change the standard. So that is what we
8 are doing with OSHPD. We are actually going to have to ask them to waive certain requirements
9 of the code to let us do this. We think this is more effective than the code for a variety of
10 reasons, not just energy performance, but also managing the flow of air within the rooms to
11· prevent the spread of infections within a hospital.
12
13 Commissioner Lippert: Okay. Thank you very much, Mark. I have another question for the
14 EIR consultants in terms of air quality, again going back to the heavy equipment here. I guess
15 during the last go-round in terms of Stanford building the underground parking structure there
16 was a great amount of soil removal, and of course big soil trucks that carry and awful lot of
17 weight, and of course· there is air quality pollution associated with that. I think during that the
18 City had a prescribed route that they had to follow where they had to go out through South Palo
19 Alto. So could by finding a closer area for dumping soil or dumping materials or dealing with
20 those materials help reduce the amount of air pollution or the amount of greenhouse gases?
21
22 Mr. Hornek: Based on what I worked with, and I had some pretty detailed equipment
23 specifications from Stanford, what I found in the course of doing the emission estimates we
24 looked at the actual construction equipment, the excavators, we had fairly detailed phasing, more
25 information on what kind of work they were doing to do, whether it was foundation work or the
26 superstructure work. One thing that really stood out was that the equipment itselfwas innately
27 much more emission intensive than any of the trucks associated with the operations, be they on
28 the site trucks, or trucks that would be hauling material on and off the site. When basically I
29 finished the equipment emissions and then added in the onsite and offsite trucks they turned out
30 to be a fairly small fraction of the total construction emissions, a very small as a matter of fact.
31 So again if we start dealing "lith not just the number of trucks but actually how far they are
32 actually going to go that would be another small adjustment to a relatively small source of the
33 pollutant. So I don't think we would see much difference especially when we are comparing to
34 like Air District thresholds or Air District risk criteria.
35
36 Commissioner Lippert: I know. My line of questioning is almost like looking for coins in the
37 cushions so to speak.
38
39 Mr. Homek: Right.
40
41 Commissioner Lippert: When I go through the report and I see that we are going to have great
42 difficulty making the Bay Area Air Quality Management District guidelines and I don't know,
43 do they have any authority here, and can they be punitive in terms of this process?
44
45 Mr. Homek: We do meet some of the guideline thresholds. When looking at the toxic risk as a
46 result of the equipment we do meet those thresholds. The thresholds we are not meeting are the
Page 17
1 regional emission thresholds. Those are again, it is a sort of a one-size fits all threshold. Not
2 matter what the project is, what its size is literally, you are allocated 54 pounds per day. In some
3 cases it is very easy to meet. You might be under it without any effort at all. Again, the larger
4 the project gets the harder and harder it is to get under those thresholds. So I don't think the Air
5 District would be at all surprised that this project exceeded those regional thresholds.
6
7 Commissioner Lippert: I guess what I am looking at here is the project would exceed threshold
8 even with mitigation. So the question is does the Bay Area Air Quality Management pistrict
9 have the authority here or are we saying we can make findings for overriding consideratiori and
10 allow for those additional emissions?
11
12 Mr. Homek: We did show the effectiveness bfthe transportation measures on reducing the
13 mobile source emissions. The trouble is that the thresholds are fairly low and the project is large.
14 So even with a fairly significant percentage decrease you still don't get under those nUInbers.
15
16 Commissioner Lippert: Okay. Then one last question here. We are looking at emissions per
1 7 day, but all days are not the same. I think as Commissioner Keller mentioned there are certain
18 days where we have air quality emergency situations where they don't want us to run our
19 fireplaces for instance. Poor air quality days. Can they be averaged out over a period of time in
20 which we are looking at when the building is completed that it would operating at a much lower
21 threshold perhaps. .
22
23 Mr. Homek: Actually, the two types of thresholds mentioned in their guidelines are average
24 daily and annual emissions. Both of which we did, but I also have fairly complete time lines for
25 the construction. We were able to go year by year and give the average day, and the average
26 annual emissions per year to show the variation of construction activity as it would occur.
27
28 Commissioner Lippert: I think Commissioner Fineberg had comment to make.
29
30 Commissioner Fineberg: Commissioner Lippert's comments are making me think about timing
31 much. in the same way that we regulate the time of year that construction can be. done with cut
32 . and fill on slopes to minimize erosion would it worth considering that during the season when we
33 have the Spare the Air Days, I think that is summer and frankly around the Christmas holidays.
34 Would it be worth avoiding certain pieces, and I don't know if one could schedule a project this
35 way, but scheduling the avoidance of whatever the most polluting practices would be to avoid
36 those times.
37
38 Mr. Homek: The activity that I think you are most familiar with is the fireplace regulations
39 where certain nights are declared Spare the Air nights, and it is strongly suggested that you not
40 light a fire. We also have Spare the Air day for ozone alerts where people are advised if at all
41 possible take public transportation. One possible approach would be to· say if the Spare the Air
42 was very severe there might be an Air District recommendation to avoid construction activity or
43 kind of relatively inessential activity, certainly not talking economically, but if you could at all
44 avoid doing it then do it. I don't believe the Air District has those kinds of alerts to kind of
45 include construction activity as part of a Spare the Air suggestion.
46
Page 18
1 Commissioner Fineberg: Should that be considered as a mitigation? I am not thinking
2 necessarily all construction. For instance, somebody could put carpet down, or install a window,
3. and that is not going to create any pollutants. If you have a temperature inversion, you have a
4 Spare the Air day is that a day that maybe we don't dig a big hole which creates dust?
5
6 Mr. Hornek: I wish I were the Air District. . I wish I could give you an authoritative reply to that.
7 It sounds like it might be applicable in certain occasions. I have never seen a recommendation of
8 that sort from the Air District.
9
10 Commissioner Lippert: I actually have a follow up on the follow up. We do have microc1imates
11 in the Bay Area. It is cooler on the peninsula than it is in the East Bay for instance. When you
12 have temperature differentialslhere are different air quality issues that come into play. Surely
13 San Francisco with its natural air conditioning is another microclimate. Is it possible to ask the
14 . Air Quality Management District to look at the peninsula for the sake of the project differently
15 say than the whole Bay Area?
16
17 Mr. Hornek: In reading through their new CEQA guidelines, looking at some of the setting
18 information they suggest be, mentioned in EIRs they do put in a lot of material to explain
19 microc1imates and how particular air quality problems differ in different sub areas of the Bay
20 Area.
21
22 One thing I would comment on is that sometimes when air is good in your area, you may still be
23 creating a bad condition in another part of the Bay Area. Like up in San Francisco on foggy days
24 the wind is blowing toward the hotter interior so all of our ozone precursors, we don't suffer the
25 ozone problem, but if it drifts out to Concord that would affect it negatively there. Basically, the
26 Air District thresholds are generally to give it an indication of when the Air District thinks in
27 general in the Bay Area it kind of rises to the level of interfering with air quality plan
28 implementation, at least potentially.
29
30 Commissioner Lippert: Thank you very much.
31
32 Chair Garber: Commissioner Martinez a final word and then we move to the next chapter.
33
34 Commissioner Martinez: I just want to follow up a bit on Commissioner Fineberg's question.
35 The construction industry is fan1iliar with rain days. This might just be a progressive step in the
36 right direction when we have a Spare the Air day to incorporate that into the normal practice of
37 construction. I don't think it would be that difficult or too impacting on the project.
38
39 I did want to ask Trixie, and this is also a follow up to Commissioner Fineberg's question. You
40. mentioned in your presentation that providing housing is an alternative. Is that elaborated
41 anywhere in your DEIR?
42
43 Ms. Martelino: That mitigation measure is provided in the Population and Housing section.
44
Page 19
1 Commissioner Martinez: Only about the eight percent and the.l04 units. It is a question too, I
2 am sorry to state it this way. Is it stated as a way to reduce or improve air quality, reduce the
3 number of trips in that frame of mind?
4
5 Ms. Martelino: Yes. The introduction in the Population and Housing section cites back how
6 providing housing near employment centers would help reduce vehicle trips and vehicle miles
7 traveled.
8
9 Commissioner Martinez: Okay, I was hoping there was something going forward from that.
10 Okay, thanks.
11
12 Chair Garber: Commissioners, lets move to the next chapter, Climate Change. I will go first and
13 then Commissioner Keller.
14
15 First let me compliment the writers ona renlarkably comprehensive discussion of the existing
16 regulatory environment. I am no expert but it is one of the few places where I have seen it
1 7 written up succinctly as well as the quantitative synopsis of the various values that this proj ect is
18 dealing with.
19
20 Climate Change in my mind has to do with lifecycle impact, and the greenhouse gas analysis is a
21 proxy for carbon footprint, which is about different types of energy, as I understand it. There are
22 two ways of thinking about energy. One is energy that is expended through operations and the
23 other is energy that is put into things, and is otherwise called embodied or embedded energy.
24 The way that I would have imagined seeing this chapter organized or at least addressing, the
25 project is looking specifically at all of the embedded energy that occurs during the course of
26 construction, and then the operational energy that occurs after occupancy of the building. Seeing
27 that expressed as a carbon footprint in both cases helps as away to rollup all of those impacts
28 into a single set of numbers. Granted, getting to those numbers is very difficult, particularly
29 difficult when trying to do an analysis of embodied or embedded energy, but I think it would
30 help create incentives that would drive efficiencies as well as good practice and use in the
31 project.
32
33 I note that most of the discussion of the 60 pages here deals with emissions. The construction
34 portion of the project has an operational part to it, which is emissions, the use and the operation
35 of equipment, and appliances, systems, etc. There is also a material side that as well that has
36 embedded energy in it, which is completely missing here, and has an impact on climate change
37 not just here but in the places where those materials are gotten and manufactured from. To the
38 point that was made earlier, the sort of rule of thumb is that that is equal to 15 or 20 percent of
39 the overall energy footprint or carbon footprint of the project. This chapter does not address
40 them.
41
42 This would be the opportunity for some of the comments that were offered by the presentation by
43 Mr. Tortorich in terms of how the design addresses some of these things could be incorporated
44 into this chapter, and viewed therefore as mitigations to the energy that has to be embedded into
45 the project. So just to sort of emphasize that, of the 60 pages only three of those pages deal with
46 the emissions that deal with the construction i.e., the energy that is being embedded into the
Page 20
1 project and that the energy that is embodied into the materials and systems themselves that are
2 brought to the site or assembled onsite, etc. are missing from the conversation. Commissioner
3 Keller.
4
5 Commissioner Keller: Thank you. So the first thing is I would like to refer to the Table 3.6-2 on
6 page 3.6-7. On the bottom of this table it says in the year 2050 the population of California will
7 be about 59 million and change, and the greenhouse gas emissions are 80 percent below 1990
8 levels. Then in Footnote C it says calculated by multiplying 427.0, which is the 1990 level by
9 .80 percent. It is not reducing it to 80 percent. It is reducing it by 80 percent, meaning that the
10 factor that you have to n1ultiply by is .2. So instead of the greenhouse gas target being 341.6, the
11 greenhouse gas target should be 85.4. So I am not sure of the implications of all of that but that
12 is an error by a factor of four. At least that is how I understand math. So reducing it by 80
13 percent, which means reducing it to 20 percent of the original.
14
15 That also means that because the population is increasing dramatically if we take a look a the
16 2000 level of 452.3 TGCOE, I don't even know what that stands for but it is some big amount,
17 divided by 34 million people and then you take the factor of 85.4 divided into 59 million people
18 what you wind up actually with on a per capita basis the reduction is 89.2 percent, because
19 population almost doubles. So that is dramatic increase that we have to consider.
20
21 I sort 'of analyzed this project and it looks like the current usage is about 165,000 metric tons of
22 carbon dioxide equivalents is the current usage. The calculation here is that the business as usual
23 increase is approximately 75,000 metric tons of carbon dioxide. That increase of75,000 metric
24 tons is reduced to 56,000 metric tons. That means that we are essentially changing from a 45
25 percent increase of current rates to a 34 percent increase of current rates. So I have trouble .
. 26 understanding how business as usual is a reduction. If you are talking about a 30 percent
27 reduction of the increase as opposed to a 15 percent reduction from the baseline, which is where
28 we are now, so I am sort of having trouble understanding that.
29
30 Now let me put that a little bit more into perspective before you comment on that. Let me give
31 you some more date. There is a comment here that says the reduction of the City of Palo Alto
32 119,000 metric tons of carbon dioxide. The Stanford increase is 56,000 metric tons of carbon
33 dioxide. Meaning that the amount that the rest of Palo Alto has to shrink in greenhouse gases in
34 order to accommodate the 56,000 metric tons increase, the rest of Palo Alto has to shrink by
35 additional 47 percent between now and 2020 or so, or if this thing is through 2025 or whatever,
36 and essentially it is going to be even worse by then. Essentially the rest of Palo Alto has to go on
37 a carbon dioxide diet of 47 percent more than we otherwise would in order to accommodate the
38 increase of Stanford. Now that may be a good or a not good thing but that is what I compare it to
39 is the other numbers.
40
41 A further consideration is that if you consider the state's Executive Order 8-3-05 that essentially
42 means an 80 percent reduction from current levels, which essentially means that we are about
43 150,000 or 160,000 metric tons of carbon dioxide for the entire City of Palo Alto in 2050. Yet
44 Stanford Medical Center as envisioned here with all the nice bells and whistles that are going to
45 be here are going to be is 221,000 metric tons of carbon dioxide. So essentially all of Stanford
46 without anything -the best thing that Stanford is doing here gets to be more than Palo Alto is
Page 21
1 allowed to emit in 2050 under the state's Executive Order. So I am totally confused how all
2 these things fit together, but the math seems to be pretty bad from my point of view.
3 Considering that Stanford is a significant percentage of Palo Alto"s greenhouse gas emissions.
4 So maybe you want to address that. Thank you.
5
6 Mr. Hendrix: Concerning the state's ambition to get to 80 percent below 1990 emissions,
7 currently that is technologically infeasible. We will have to be carbon neutral, all of us, in order
8 to achieve that. So the 2050 goal is not a threshold at this point. We are focused on the 2020
9 goal because that is, although very aggressive, is technologically feasible. It is going to take a lot
1 0 of money and effort to get there but we can get there. The 2050 goal at this point is the ultimate
11 place we need to be to keep climate change at a two degree Celsius rise. In other words, to have
12 it peak and level off That was from the IPCC.
13
14 The reason we have these stair step goals is just because of that, because technologically we
15 can't get to the ultimate goal' so we get the ones we can get at and then work from there.
16
17 Commissioner Keller: So if I may follow up, then with Stanford increasing by 56,000 metric
18 tons of carbon dioxide equivalents per year how does Palo Alto meet its 2020 goal for reduction,
19 which you say is achievable? That means that Palo Alto has to change its reduction goal for the
20 rest of Palo Alto from 119,000 metric tons to 175,000 metric tons to deal with Stanford Medical
21 Center's increase of 56,000 metric tons. Could you explain that?
22
·23 Mr. Hendrix: Palo Alto needs to look broadly at all of the benefits as well as the impacts.
24 Certainly this hospital because it is energy intensive, fuel intensive has significant impacts on
25 greenhouse gas. It also has a significant contribution as far as public safety and health. So you
26 need to weigh the two. You don't want to sacrifice public health and safety in order to achieve a
27 greenhouse gas goal. We want to walk a fine line that allows us feasible mitigation to get the
28 emissions as low as technically feasible without jeopardizing the overarchinggoals of a hospital.
29 A hospital does not fit well within a Climate Change analysis because things like recycling are
30 not achievable as they are with an office building. You have biohazards and things. We can't
31' get like a 70 percent reduction in solid waste from a hospital. Energy consumption is pretty high
32 because there are things that are required. Hopefully as time goes on our technology will get
33 better with hospitals, and the other things that we have. We have.I believe got as much feasible
34 mitigation in here to offset the emissions.
35
36 Chair Garber: Commissioner, let's take your comments'and the comments of the consultant as
37 comments for the DEIRio respond to and we can use that to flush out the conversation.
38
39 Commissioner Keller: So can I make one response?
40
41 Chair Garber: Please.
42
43 Commissioner Keller: So the thing is this. It seems to me that Stanford has done a great job of
44 trying to do a lot in tenns of reducing from what it might otherwise be. I know that the Stanford
45 campus throughout has done a lot of work in tenns of sustainability initiatives to try to minimize
46 the carbon footprint of the campus. What I am wondering is whether Stanford University as a
Page 22
1 whole in whatever that means can sort of take on Palo Alto as a project and help the rest of Palo
2 Alto achieve as much greenhouse gas emissions as we can achieve in order to be able to deal
3 .with this increased diet of emissions of 47 percent. I think it may be doable if we work in some
4 sort of partnership. I would welcome Stanford taking on the challenge of its wonderful expertise
5 and applying it in this direction.
6
7 Chair Garber: Commissioner Lippert and then Tanaka.
8
9· Commissioner Lippert: I am going to nlake a couple of comments here. The first one is I
10 appreciate Stanford University's presentation here. There are a couple of things that I think the
11 EIR consultants need to take into consideration. One is the standard that they prefer to use rather
12 than LEED is the Energy Star compliance. I think that is particularly important. That is driven
13 by the Environmental Protection Agency. In looking at that it sounds as though that they are
14 going to be, while it is a big energy consumer, it could in fact wind up being more energy
15 efficient than say looking at the LEED standards. The reason being is that LEED is really
16 looking at sustainability and this is looking at actual efficiency. So that is just something that I
17 think we should examine.
18
19 The other thing is that at great risk they are looking at the displacement ventilation system as
20 well as the double building envelop. I think that recently with their approach in ternlS of the
21 design is something that the merits of that really need to be addressed in terms of the EIR here.
22
23 The third aspect again has to do with climate change and AB 32 and SB 375. The project I
24 believe is within half a mile of the City of Palo Alto transit station. That is a very significant
25 aspect. If this proj ect was not located within half a mile I think I might have additional concerns.
26 But because ofth8;t we are able-to avail ourselves of certain state level programs within that. I
27 am thinking of TPP, Transit Priority Projects. If Stanford wasn't the single largest landholder in
28 Palo Alto then again I might have difficulty with it. Perhaps again adding the emphasis to
29 providing more housing associated with the project for people that are going to be working in the
30 hospital. It does two things, number one if for instance there is a cutback in Caltrain service as
31 Michael Griffin had mentioned earlier, it actually has staff living locally that could then be
32 working in the hospital during those hours of cutback service. In addition to that a facility like
33 this operating, as Stanford said themselves, 24 hours a day has inlIDediate staff available to get
34 there in case of an emergency, for instance where we might have a Bay Area wide blackout and
35 loss of power for running the trains if we do go with electrification for instance of the railways.
36 So if there was an earthquake for instance staff is local and can get to the hospital
37
38 Then the third thing that"! w3;ntedto say, and I may not have the numbers exactly right, you can
39 correct me if I am wrong. With regard to greenhouse gas emission I believe it is 20 percent of
40 greenhouse gas emissions are generated by our homes, 40 percent from commercial buildings,
41 and I believe another 40 percent are generated by transportation aspects. Could there in fact be a
42 tradeoff in that transportation area where we are looking at a further reduction again by getting
43 people to live closer to work and thereby cutting down per person the greenhouse gas emissions
44 in terms of transportation just simply by having people living locally and working in the
45 community. So that is sort of where I am coming from in terms of how it relates to AB 32 and
46 SB 375.
,Page 23
1
2 Mr. Hendrix: Yes. There is the Village Concept Alternative that maybe Trixie can elaborate on
3 that I think hits right to the points that you are talking about.
4
5\ Commissioner Lippert: Do you want to elaborate on that, Trixie?
6
7 Ms. Martelino: That is right the Village Concept provides recommendations for housing
8 dedicated to SUMC employees. The analysis of the Village Concept Alternative addresses the
9 vehicle miles traveled and the reduction of vehicle miles traveled compared to the SlJMC project
10 without any assumption that housing would be constructed nearby.
11
12 Commissioner Lippert: Okay. Then I want to make one final point, which again goes back to
13 Mark Tortorich's presentation on running a facility 24 hours. If I have a car and it is in my
14 driveway and it is running but it is not going anywhere it is still consuming a certain an10unt of
15 energy, not at as great a rate as driving on the freeway or on streets, but it is consuming energy.
16 If Stanford has difficulty shutting down the facility at night because they have patients in the
17 rooms, and those patients need to have the facility operating, but there are also ancillary facilities
18 associated with that, particularly operating theaters, treatment rooms; MRIs, things like that.
19 Perhaps there is a way of having greater efficiency and a reduction of greenhouse gas emissions
20 sin1ply by having those facilities in operations 24 hours a day. Therefore requiring that maybe I
21 may not like it, but I may have to come in to have my MRI done at two o'clock in the morning. I
22 have had MRIs done as late as nine'o'clock in the evening. Again, with increased capacity or
23 demand for medical services it just makes sense to have the facility operating at greater
24 efficiency by having it maybe operate at 24 hours a day.
25
26 Chair Garber: Commissioner Tanaka and then Fineberg.
27
28 Commissioner Tanaka: Thank you. As I was looking at this chapter it struck me that this
29 chapter is about climate change, which is actually a very global issue not really a local issue. As
30 such, given that it is kind of a global issue, one of the mitigations I wanted to ask Trixie or our
31 consultant here why it wasn't considered is the concept of carbon offsets. Like for instance,
32 Stanford has a lot of land they could plant a bunch of trees perhaps around the Stanford Dish to
33 mitigate some of the carbon impacts, or even buy carbon offsets from third parties. I wanted to
34 understand why that couldn't be considered a mitigation factor.
35
36 Mr. Hendrix: We actually looked into offsets as far as planting trees. You have to be careful
37 with that because there are also emissions embedded in say irrigation water and fertilizers and
38 those sorts of things. So if you plant natural vegetation in an area that is stays natural, so a
39 habitat and you don't have to water, you don't have to fertilize it, and those trees grow and
40 mature you actually have sequestration. If you do the kind of urban planting that is typical
41 landscaping they produce more en1issiont; n1aintaining those trees than they sequester. Offsets
42 are becoming more and more viable a solution.
43
44 The Bay Area Air Quality Management District is in the very beginning stages of setting up an
45 offset program. The California Climate Action Registry is in the process of doing that too. But
46 it is in very early stages. Now you can buy through the Chicago Climate Exchange and a few
Page 24
1 other existing markets. I have found a buyer beware mentality there. Just like stock it is all in
2 what you purchase. If I was to go into emission credits right now I would want to go into very
3 good detail of exactly what you are buying into, how it is getting funded, the scheduling for it,
4 what is actually being implemented. Are we preserving rainforests, which is not really offsetting
5 emissions but just kind of abating further degradation of sequestration, or are you buying into a
6 project that literally does offset emissions, such as renewable energy or something like that:
7
8 Commissioner Tanaka: Okay, thank you.
9 ~
10 Ms. Martelino: If I may add as well, I would like to cite mitigation measure CC-l.2 which does
11 call for participation in the Palo Alto Green Program involving purchase of renewable energy as
12 Michael just mentioned. As he mentioned earlier it does offset the greenhouse gas from
13 electricity consumption.
14
15 Commissioner Tanaka: Thank you. I was just thinking that given that Stanford does have a lot
16 of open space it would seem to be, and even on the Stanford logo the tree, that they could
17 certainly plant a lot of trees to mitigate assuming it doesn't take more water to irrigate them. I
18 just thought that whether it is on the land or third party it seems to me at least that you could
19 mitigate all the impact if you really wanted to. Now, whether you are actually able to audit it
20 and verify is another story. It seems like there are certainly a lot of people out there selling
21 carbon credits.
22
23 Mr. Hendrix: With money not being an issue certainly that is the case. But you get into
24 econorillc feasibility as well. I think we actually hit Stanford pretty hard by totally offsetting
25 electricity. The Go Pass, we have been kind of conservative in what kind of reduction we are
26 going to get off of that. It may get more than we plan on but I would rather be pleasantly
27 surprised with a mitigation than find out that we didn't adequately address the impacts here. So I
28· have a rather conservative nature on assumptions.
29
30 The other place is the steam and chilled water, the amount ofBTUs there that are in that
31 combined cycle unit. Like I say, they have mitigated ~ significant amount of emissions actually.
32 They went from 74 to 56,000.
33
34 Commissioner Tanaka: So yes, I would like to see if that could be something that can be
35 considered as part of this in terms of possible mitigations if it has not already.
36
37 The other thing, speaking about the chilled water plant I know that a lot of commercial buildings,
38 especially the other centers these days, they do the concept of at night they actually freeze ice in
39 the basement somewhere or somewhere that they have space. Then during the day they will
40 actually use it to chill the building or cool the servers or in this case cool the hospital. Perhaps
41 using some of that, the fact that it is cooler at night to actually cool the building when it is nl0re
42 economical both in electricity as well as physically might make a lot of sense.
43
44 Mr. Hendrix: I think Stanford has actually made some improvements to their steam and chilled
45 water process that improves that.· I will let them speak to the details of that but I think they have
46 looked into making that more efficient.
Page 25
1
2 Commissioner Tanaka: Okay, great. I am out of tinle so I will do nlore later.
3
4 Chair Garber: Commissioner Fineberg and then Martinez.
5
6 Commissioner Fineberg: Thank you. Trixie," could we go back to your response to
7 Commissioner Lippert's comments about the Village Concept Alternative? I am not sure I heard
8 you properly but at the very end of what you said I thought I heard you say that the Village
9 Concept Alternative would reduce the trip miles taken without a requirement for building
10 additional housing nearby.
11
12 Ms. Martelino: To clarify, the Village Concept wouldreduce the vehicle miles traveled
13 assuming that housing would be constructed nearby for employees. In comparison to the SUMC
14 project the analysis for which does not assume that h()using would be constructed for employees
15 . then the vehicle miles traveled would be reduced.
16
17 Commissioner Fineberg: Thank you. Now I understand the distinction. Regarding the Go Pass
18 as a mitigation measure to reducing impacts of climate changes, in our last meeting we talked
19 about the Transportation Chapter and the relative demand that the Go Pass would put on
20 Caltrain. Comnlissioner Keller had some data that was not in the DEIR that there were about
21 2,000 trips at peak, and if we are talking about a reduction of 500 trips at peak that is a 25
22 percent increase in demand, approximately on Caltrain. I am making an assumption that they
23 have adequate engines and adequate passenger cars to handle peak capacity. Ifwe are ~asking
24 Caltrain to adjust their schedules, adjust the capacity based on demand, does this chapter on
25 Climate Protection need to account for the energy required, the environmental"impacts of
26 Caltrain building cars, buying cars, transporting them to the area, and then running additional
27 cars? I understand that they are more energy efficient than car vehicle trips, but we are requiring
28 the production of new trains. That is going to slim the margin a bit. ""
29
30 Mr. Hendrix: This is where I get into the concept that climate change analysis is not easily fit
31 into CEQA. We are looking at project impacts and you can see where taking that analysis we are
32 actually going off into another jurisdictions realm and figuring out what the emissions are. From
33 a climate change perspective if we were not just narrowly focused on it project would probably
34 be a viable thing to do. Personally and to be candid, I think we need to in the future Palo Alto as
35 a whole as well as Stanford and myself need to rely more and more on transit, to do that we need
36 to increase demand. The budget woes they are going into now are partially related to insufficient
37 demand at times. So I think the Go Pass actually helps us to motivate the state and transit in
38 particular to step up the pace that we need to have statewide. That being said, I don't know what
39 alternative you would have. I suppose Stanford could run an army of shuttles, which would not
40 be as efficient as the transit system as an alternative or a backup. It would certainly be expensive
41 for Stanford and like I say it wouldn't be as efficient emission wise as it is having an in-place,
42 existing transit system that is there.
43
44 Commissioner Fineberg: Okay, thank you. If I could have just one more quick point. In order
45 for the Planning Commission to look at this Climate Change Chapter and review its consistency
46 with our Comprehensive Plan I would like to just make the point that it would have been very
Page 26
1 helpful to have a new Comprehensive Plan with a section on sustainability and climate change.
2 This is one place where not having the Comprehensive Plan Update done ahead of our review of
3 this project I think is not allowing us to do the best job that we possibly could.
4
5 Chair Garber: Commissioner Martinez.
6
7 Commissioner Martinez: Thank you. In this chapter I really liked Table 3.6-5 where we
8 compare the kind of project impacts against our Climate Protection Plan. Even though it is a
9 'little wordy it is actually a pretty good summary of all the major issues. It goes back to traffic
10 and like that. I was curious though on I think 3.6-60 it talks about the project as being a mixed
11 use development. I have a little bit of trouble with that because it is basically like a healthcare:-
12 hospital project. It describes it as because it is really part of an urban area, close to transit, it
13 allows for people to live nearby. I think this is a bit of a difference from what we have talked
14 about before when we are talking about housing and we only have eight percent of the people
15 living in Palo Alto. We have 275;000 miles per day traveled to get to the campus. I think this
16 section needs to be kind of tweaked just to really state it more accurately.
17
18 I am glad there is a discussion of the importance of the Go Passes because even in climate
19 change, and in air quality, and traffic we talk about how this is a primary TDM. I don't think we
20 have enough really sufficient information about that it would work. That it would work to the
21 level of 20 percent or higher based on the fact that we have so many employees who work within
22 cities that are served by Caltrain. If you count Palo Alto, I wouldn't ride Caltrain to go to
23 Stanford. If you lived in Menlo Park you wouldn't do it. Mountain View? Maybe, but probably
24 not. It is really San Francisco, further north like Redwood City perhaps, San Jose, Santa Clara.
25 So I think the way we use the data to use zip codes and like that to state we have so many
26 employees that the potential of giving them free Go Passes will make this work really is a little
27 bit suspect. If we are going to put so much stock into this I really want better confirmation of
28 where people are coming from. Even if employees lived in San Jose there are some areas of San
29 Jose like Evergreen that people may not take Caltrain. It just may be a little bit too inconvenient
30 to get to. So I am hoping that you will have time to really revisit this concept because it is
31 important to make the project work. We want it to work. We want to reduce those trips from
32 275,000 miles to less than 100 ifit is possible. So let's make sure our data is correct.
33
34 Chair Garber: Commissioner, if I may interrupt Comn1issioner Lippert has a follow up to your
35 line.
36
37 Commissioner Martinez: Of course.
38
39 Commissioner Lippert: I was looking at Appendix L, which is the employees by zip code here.
40 one thought that I had here is that perhaps again expanded shuttle service, and maybe paying into
41 not just the Palo Alto Shuttle but also maybe East Palo Alto 'and perhaps a Menlo Park shuttle or
42 even expanding the Marguerite Shuttle so that it allowed for people living in Menlo Park,
43 Mountain View, and Palo Alto and East Palo Alto to be able to commute by shuttle. Now, why
44 do I emphasize that? Well, it is not just a regional hospital it is also a local hospital. If I was
45 having surgery of course I wouldn't get on a shuttle to go to the hospital I would have my wife
46 drive me. But, if I am going for a simple procedure like an'MRI or some blood tests or some lab
Page 27
1 think there are things we could do to reduce vehicle miles traveled through technology and also
2 through transit. Thank you.
3
4 Chair Garber: Commissioner Lippert and then Tanaka.
5
6 Commissioner Lippert: I just wanted to follow up here. I had mentioned earlier about expanded
7 shuttle service in tenns of being able to capture employees. I had also mentioned about perhaps
8 patients. Part of the reason I had mentioned the patients is that if Stanford did expanded its
9 shuttle service I think it is antithetical and it actually works in the opposite direction if those
10 shuttles are operating but nobody is riding on them. So the idea is by opening it up to patients as
11 well there is at least a chance that we nlight be able to capture additional ridership there, thereby
12 again reducing the greenhouse gas emissions.
13
14 Then I also wanted to mention one other possibility, which is at this point Stanford is talking
15 about the entire academic campus plus the hospital going with the Go Passes. Maybe there are
16 additional efficiencies by also expanding Go Passes to Hoover Pavilion, which is meant to be
17 again those are leased clinical office spaces for physicians, is that correct? So again that is on
18 Stanford land. It is all within one bundle so perhaps there is away to incorporate that into the
19 process thereby again reducing another group in tenns of commuting.
20
21 Then the last aspect that I want to mention is that really only leaves Stanford Shopping Center as
22 the only Stanford entity that is not covered under Go Passes. If we need to' again reduce the
23 greenhouse gas emissions further perhaps there is a way to expand Go Passes to Stanford
24 Shopping Center even though it is being operated by the Simon Group. The Stanford Research
25 Park is pretty much handled under Transportation Demand Management programs by the
26 individual companies that are leasing those lands, and part of the development of Stanford is
27 associated with those. So there is not very much left in the way of Stanford lands not being
28 covered by Go Passes, so I am just looking to expand that envelop a little bit more to squeeze the
29 last little bit of greenhouse gas emissions out of it. .
30
31 Chair Garber: . Commissioner Tanaka and then Fineberg.
32
33 Commissioner Tanaka: Thank you. I first want to just clarify some comments. Ijust want to
34 make sure it is understood from what Commissioner Martinez said that I don't actually think this
35 project is too large. I don't want to give the impression that I said the project is too large,
36 because I don't think I did say that earlier. Okay, sorry, I misunderstood then.
37
38 In tenns of mixed use I do think it does make sense for a hotel to be nearby as I said several
39 times before.
40 .
41 Back to Climate Change. I really applaud Stanford for doing the green roofs. It seems to make a
42 lot of sense. I was just wondering is that also counted towards their offset, in tenns of the carbon
43 offset by having plants on the roofs. If not, maybe that could be considered.
44
Page 30
1 The other thing is rooftop space is a lot of times undemtilized. fu this case it is going to have a
2 helipad and green roofs, but perhaps there could be PV or maybe even a solar water heater up
3 there as well to take advantage of that undemtilized space if that has not been considered.
4
5 The other thing is the City of Palo Alto is actually encouraging residents and I think even
6 . businesses to do some rainwater harvesting. Perhaps as part of this development that is
7 something that Stanford could consider to use for irrigation perhaps later on. I think there is
8 even a rebate for that, although I don't know if Stanford would qualify.
9
10 Then kind of back to a comment I made back on Air Quality, but I think it is even more
11 applicable here is that climate change is a global issue and because it is a global issue I think
12 kind of like what I said earlier where in some ways there is a difference, maybe it is just part of
13 the Alternatives Analysis where you will look at well if the hospital is here in Palo Alto, which is
14 relative centrally located near transit, as Commissioner Lippert mentioned versus another
15 location let's say Sunnyvale or Cupertino, or who knows where. What would the climate change
16 impact be? Would it be greater because it is in Palo Alto or would it be less compared to other
17 areas? I think that is kind of the question. I think everyone understands that the hospital is a
18 viable service that needs to be built, the public demands it, it benefits a lot of people, but the
19 question is by building it in Palo Alto is it that going to make the climate change worse or better
20 versus other locations? I think that is really to me because this is a global issue, if you locate it
21 in let's say Stockton sure maybe land is cheaper but the climate change might be bigger because
22 people would have to commute there. All the patients would have to commute there for instance,
23 right? So that is something that perhaps as we go into the Alternatives Analysis we could
24 explore further. Thank you.
25
26 Chair Garber: Commissioner Fineberg and then Martinez.
27
28 Commissioner Fineberg: Some of the earlier comments by fellow Commissioners about the way
29 Air Quality impacts and Climate Change impacts get measures and get, I am not sure if the word
30 is allocated, but get applied to Palo Alto's allocations for greenhouse gases raised the question
31 for of whether this project presents an opportunity for the hospital or Stanford and the City of
32 Palo Alto to work together with the County and with the State looking at whether the
33 measurements and the models that they allocate the impacts are as they should be. Stanford
34 provideshealthcare yet its impacts are measured only against Palo Alto's allocation for
35 greenhouse gases and such, and should those impacts be measured on a regional basis? Is there
36 any pattern of that kind of regional allocation done for other regional creators of significant
37 negative impacts? Things like San Francisco Airport. Does the City of San Francisco have to
38 reduce its greenhouse gas emissions when the airport is a source for the entire region? Can we
39 find answers from what others are doing or do we have the opportunity to jointly enter into
40 negotiations with the County and the State to change how they measure? Commissioner Keller
41 talked about Palo Alto having to go on a huge diet in order to accommodate the needs of the
42 hospital and should Menlo Park and Mountain View and Atherton also have a portion of that
43 diet? So if that could be investigated I think that would be appropriate.
44
45 Chair Garber: Thank you. Commissioner Martinez.
46
Page 31
1 Commissioner Martinez: I am reminded of when the State a few years ago decided to encourage
2 people to drive hybrid vehicles they allowed use of the carpool lanes. Immediately within a
3 month the 80,000 passes for that use were taken because that was a real incentive. People felt
4 they could get to work faster, they could get to wherever they were going faster, and it was worth
5 trading in their car and having that for that. .
6
7 I think our TDM needs to be reinforced with those kinds of incentives. I am not the one to tell
8 Stanford what it is that those should be exactly, but I am going to kind of give you some
9 suggestions. One suggestion might be following the State's model is what if we said 50 percent
10 of all parking spaces are reserved for clean fuel vehicles? Maybe that would be incentive enough
11 for people to look ahead. We are also looking at 12 to 15 years from now when hopefully most
12 of us will be driving something like that, but who knows.
13
14 A second thing is I mentioned sort of a Facebook kind of thing where there is more interaction
15 with people like you know why aren't you using your Go Pass? We see your Go Pass is kind of
16 not used much this month. Or a paid day off every 30 days for the top ten people that use.Go
17 Passes. I nlean really put some great incentives into making Go Passes and our TDM and all the
18 measures we need to do to make this work.
19
20 Finally, I am like a broken CD, I guess. I think there needs to be something for Stanford to ,
21 really reinforce the concept of living locally. Maybe it is not building 500 housing units. Maybe
22 it is advocating, encouraging, working with realtors, whatever it takes to try to get more people
23 to live in Menlo Park, Mountain View, Los Altos, locally. I think I left out a city. I think that
24 will make our TDM really more vigorous. I do want to say one thing.' I think the shining star in
25 all of this over the past few weeks has been the architecture that Stanford has proposed. I think
26 kudos to my profession for standing up for green building. Thank you.
27
28 Chair Garber: Commissioner Keller and Commissioner Lippert had some final comments. Do
29 any of the other Commissioners have comments? Commissioner Keller and then Lippert.
30
31 Commissioner Keller: So I would like to follow up on what Commissioner Martinez said. So
32 one of the things about the Caltrain Go Pass is it is a Transportation Demand Management,
33 TDM, measure that the Stanford campus has long had that the Medical Center does not. What is
34 being proposed here is that here is a TDM measure that will be expanded to the Medical Center.
35 I think it would be worthwhile looking at all the other TDM nleasures that the campus provides
36 and see if there are any ones that are not provided by the Medical Center and should be provided
37 by the Medical Center. Does the Medical Center currently do carpool promotion? Does the
38 Medical Center currently do vanpool subsidies? Is the Go Pass the only one that exists? I see
39 nods. So that is useful to know, right? .
40
41 Should it be considered expanding it to the community physicians? Not necessarily the
42 physicians but more toward the nurses and the people like office workers in the community
43 physician block. That is something that might not have that much additional cost ifit can be
44 considered sort of one umbrella as opposed to individual companies. That might be something to
45 consider in terms of expanding that.
46
Page 32
1 Chair Garber: Thank you. With that we will close this particular item. I would like to thank
2 Staff, the consultants, and Stanford for their continued work on this item. We will see you all
3 next week.
4
5 Mr. Hendrix: If I could make one last suggestion.
6
7 Chair Garber: Sure.
8
9 Mr. Hendrix: Commissioner Fineberg brought up this idea of regional analysis rather than using
10 the Bay Area thresholds. Particular to greenhouse gases there is an opportunity. The City of
11 Palo Alto currently has a Climate Protection Plan. It needs a little updating and some more
12 inventories in it to make it what is called a 'qualified plan' that you could use develop thresholds
13 instead of using the Bay Area thresholds. But this regional concept is really enticing. ill a
14 narrow look just combining having Stanford and the City of Palo Alto have a combined strategy
15 for reducing greenhouse gases would do well with the hospital then as you put it the City of Palo
16 Alto is not stuck with figuring out how to offset those emissions, together you are figuring out
17 how you are going to offset those emissions, plus you have your combined inventories to
18 struggle with. That's it.
19
20 Chair Garber: Thank you very much. Again, thank you all. We will see you next week.
21
Page 35
______________________________________________________________________________
CMR: 307:10 Page 1 of 1
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PLANNING
AND COMMUNITY ENVIRONMENT
DATE: JULY 12, 2010 CMR: 307:10
REPORT TYPE: ACTION
SUBJECT: Recommendation of High Speed Rail Committe e fo r Council Review and Direction Regarding Draft Scope of Work for Palo Alto Rail Corridor Study and Creation of a Rail Corridor Task Force
EXECUTIVE SUMMARY
This proposal outlines a scope of work, timeline and budget to prepare a Palo Alto Rail Corridor
Study. The intent of the proposed Rail Corridor Study is to generate a community vision for land
use, transportation, and urban design opportunities along the Caltrain corridor, particularly in
response to improvements to fixed rail services along the tracks through Palo Alto. The proposal
anticipates that a Task Force representing 9-15 key stakeholders would be appointed by staff to
provide input to the study and to solicit information from the broader community. Committee
members would also serve as conduits for sharing information back to the community, formally
and informally. The study is proposed in three phases and the estimated timeframe for
completion is 13-16 months. The approximate cost of $200,000 would include about $100,000 in
the current fiscal year (already approved by Council) and $100,000 in the 2011-2012 fiscal year.
The next steps in the process would be to solicit proposals from planning and urban design
consultants and to initiate formation of the Task Force.
RECOMMENDATION
Staff recommends that the City Council:
1. Review and comment on the Draft scope of work for a Palo Alto Rail Corridor Study; and
2. Direct staff to proceed with the study, including issuance of a Request for Proposals for
consultant services.
BACKGROUND
On June 23, 2010, the City Council conceptually approved the City’s comments to the California
High Speed Rail Authority (CHSRA) regarding the Authority’s Preliminary Alternatives
Analysis (AA) Report, and directed staff to work with the Mayor, Chair of the High Speed Rail
(HSR) Committee, and accept other Council input to finalize the comments. The letter was sent
to the CHSRA on June 29, 2010. The Council and the High Speed Rail (HSR) Committee have
also discussed the need for a rail corridor study to address the City’s vision for this corridor, in
conjunction with or apart from High Speed Rail and coordinated with the City’s Comprehensive
Plan update. On June 28, the Council approved a budget with funds designated to support a Palo
Alto Rail Corridor Study for the fiscal year 2011. The funding was approved contingent upon
subsequent Council direction to proceed with the study at the July 12 meeting.
On July 1, 2010, the Council's High Speed Rail Committee voted 3-1 (Chair Klein dissenting) to
recommend to the full Council that the study proceed as outlined in the following scope of work.
Most of the Committee discussion dealt with the composition and responsibilities of the
community task force proposed to provide input for the Study (see Discussion below).
DISCUSSION
The intent of the proposed Rail Corridor Study is to generate a community vision for land use,
transportation, and urban design opportunities along the Caltrain corridor, particularly in
response to improvements to fixed rail services along the tracks through Palo Alto. The study
may address some High Speed Rail (HSR) issues in a timely manner, but is not limited to the
HSR effort and would provide a vision and context for other rail improvements (even without
HSR) and the City's land use, transportation and urban design response to those actions. The
study area is not specifically defined at this time, but should begin with at least a boundary of
Alma Street on the east and EI Camino Real on the west, with the city boundaries of Menlo Park
and Mountain View to the north and south (Attachment B), to be expanded as impact and
opportunity areas are more clearly defined. A draft scope of work (Attachment A) for a Palo Alto
Rail Corridor Study, with timeline and budget estimates, is included for Council review and is
discussed below:
a. Phased Approach: The scope of work outlines three primary phases of study over a 13-16
month time frame:
o Phase I (4-6 months) would outline the preliminary "Context and Vision" for the
corridor, including· updated goals and policies and definition of key land use and
transportation parameters that will require further analysis and review.
o Phase II (6 months) would include the "Analysis" of land use, transportation, and
urban design components of potential rail and development scenarios, resulting in
two or three alternatives and urban design considerations.
o Phase III (3-4 months) would integrate a preferred approach into a "Plan and
Implementation" to become a part of the Comprehensive Plan, including new or
modified goals, policies, and programs, implementation measures, mitigation, and
fmancing measures.
The phased approach is not entirely linear, however, as there are certain to be overlapping
components of the various phases, and staff will attempt to time the deliverables to
provide information that is timely to current reviews, such as the HSR effort.
b. Timeline: The scope anticipates a 13-16 month timeline for staff and consultant work
efforts. There is also likely to be about a 6-8 week lead time to bring a consultant aboard,
though staff could begin its work immediately.
c. Budget and Staff Resources: Staff would devote at least 0.5 FTE (half-time) of one
Planner or Senior Planner position to coordinate this effort and conduct the staff synthesis
.CMR: 307:10 Page 2 of4
of existing and past planning efforts and analysis of Comprehensive Plan goals and
policies. Consultant services will be required for planning and urban design,
transportation, and economic analysis support. Estimated costs for consultant services are
estimated at $200,000 over the 16-month period, about 75% of which would be for
planning and urban design services. About half of this amount has been approved by
Council for the 2010-2011 fiscal year, and the remaining $100,000 would be required in
the following fiscal year to complete the study and plan by late 2011.
d. Public Outreach: The scope of work proposes a Rail Corridor Study Task Force to serve
as the primary conduit for input on and information flow regarding the Study to and from
key stakeholders and the larger community. Staff proposes that the Task Force be set up
and operate as follows:
o The Task Force would be appointed by the City Manager and would comprise 9-15
member~, representing broad stakeholder and community interests, including but not
limited to: adjacent or affected neighborhoods (3); business interests in downtown,
California Avenue, and elsewhere (3); Californians Advocating for Responsible Rail
Design (CARRD) (1); the Palo Alto Unified School District (1); an ~ffordable
housing developer (1); an environmental representative (1); Stanford University (1);
and the Caltrain Joint Powers Board (1).
o Representatives from relevant City boards and commissions (e.g., Planning and
Transportation Commission, Architectural Review Board, Historic Resources Board,
Bicycle Advisory Committee, Citizen Traffic Safety Committee, Parks and
Recreation Commission) would be invited to appoint liaisons to the Task Force to
attend and observe meetings.
o The Task Force should serve as a conduit to and from other stakeholders and should
work with staff to set up networks and techniques at the outset of the process to
assure engagement ofthe broader community throughout the study.
o The Task Force will be a Brown Act committee, all meetings would be open to the
public and· notice would be provided to an extensive list of stakeholders and
interested individuals.
o The Task Force members will take votes to recommend components of the study to
the Planning and Transportation Commission and· to the Council's HSR Committee.
Those two groups will then make recommendations to the City Council.
Community outreach would also include community workshops, web-based interactive
information sharing and input, and periodic updates to the Planning and Transportation
Commission and City Council. Public hearings before both of those bodies will be
required prior to action on any of the Plan components. Staff believes that this approach
to public outreach is critical to producing a study within the prescribed budget and
timeframe. .
Economic Analysis of High Speed Rail
The Council has previously voted to conduct a study of the key economic impacts and
opportunities of the High Speed Rail alternatives, rather than incorporate the analysis into the
Rail Corridor Study. This will allow for more timely input on these economic components to be
CMR: 307:10 Page 3 of4
completed within the next 3-4 months. Approximately $40,000 of the funding approved by the
Council on June 28 is intended for the economic analysis (about $100,000 is then available for
the Rail Corridor Study in this fiscal year). Staff from Planning and the Manager's office will
meet later this week to outline the process for moving forward on the economic study, and will
present that outline and schedule to the HSR Committee and Council at upcoming meetings.
NEXT STEPS
Upon direction from the Council, staff will prepare a Request for Proposal, incorporating and
. expanding the scope of work, to disseminate to interested consultants. Staff will also proceed
immediately with collecting and summarizing· relevant existing documents and studies and
setting up the Task Force. The Task Force could proceed with its organization and outreach
kickoff prior to the consultant(s) beginning work.
POLICY IMPLICATIONS
The proposed Study is intended to review the existing policies of the qty and to propose
revisions or additions for consideration. At this time, there is no action proposed contrary to
existing policies.
ENVIRONMENTAL REVIEW
The Study proposal and scope of work do not constitute a project requiring environmental review
under the California Environmental Quality Act. At this time, staff anticipates that
environmental review for the rail corridor study will be completed as part of the Comprehensive
Plan.
PREPARED BY:
CURTIS WILLIAMS
Director of Planning and Community Environment
APPROVED BY: kZ-h..'~"'1f STEVEEMSL~
Deputy City Manager
CITY MANAGER APPROVAL:
ATTACHMENTS
A. Draft Scope of Work for Palo Alto Rail Corridor Study
B. Preliminary Map of Study Area Boundary
CMR: 307:10 Page 4 of4
City of Palo Alto
Palo Alto Rail Corridor Study
Draft Scope of Work
July 12, 2010
ATTACHMENT A
A. Rail Corridor Study Intent and Definition: The Rail Corridor Study is intended to
generate a community vision for land use, transportation, and urban design
opportunities along the corridor, particularly in response to improvements to fixed
rail services along the Caltrain tracks through Palo Alto. Those improvements
may include any or all of the following: Caltrain upgrades, such as electrification
and/or grade separations, and/or High Speed Rail service. The "corridor" would
. cover, at a minimum, the Caltrain tracks from the Menlo Park boundary on the
north to the Mountain View city limit on the south, Alma Street parallel to the
tracks, and sufficient adjacent land to encompass those areas most directly affected
by potential land use, transportation, and urban design changes. The study would
then be translated into a Plan and implementation measures, and would be
incorporated, at least by reference, into the City's Comprehensive Plan.
B. Phase I: Context and Vision
1. Intent: Articulation of community values, character, vision
2. Contextlbackground: Comprehensive Plan, HSR Alternatives Analysis,
technical/operational (HSR, Caltrain) analyses, Revised Program EIR (Central
Valley to Bay Area), Palo Alto Intermodal Transit Center planning
3. Work Tasks:
a. Define key land use parameters and issues: e.g., redevelopment and/or
intensification opportunities, proximity to residential and transitions from
residential; preservation of community characterlhistoric resources
b. Define key transportation parameters and issues: grade separations, Alma
Street design, Palo Alto High Speed Rail station, pedestrian and bicycle
linkages and opportunities
4. Outreach: Stakeholder/public task force; community meeting; web-based
interactive community involvement; and progress meetings and public
hearings with the PTC and Council; other outreach methods to be identified
5. Deliverables: Updated goals, policies and vision statement(s); identification of
issues and opportunities for detailed analysis
6. Resources: Comp Plan planner (0.5 FTE); planning/urban design consultant
($50,000)
7. Schedule: 4-6 months (timed to provide input prior to release ofHSR DEIR)
Draft Palo Alto Rail Corridor Study: July 12,2010
Page 2
C. Phase II: Analysis ,
1. Intent: Analysis and development of land use, transportation and urban design
alternatives reflecting vision, goals and policies for corridor
2. Context: Phase I products and background, Draft EIR for San Jose-San
Francisco HSR (if available)
3. Work Tasks:
a. Evaluate land use constraints and opportunities, such as redevelopment/mixed
use along corridor (including Alma), open space enhancements, LEED-ND
consistency, housing sites, performing arts facilities; and define implications
for schools and parks, business districts, PTOD areas, potential right-of-way
needs (for rail or for grade separations)
,b. Evaluate transportation constraints and opportunities, such as grade
separations, upgrading Alma Street, facilitating pedestrian/bike modes and new
linkages; and define key impacts on existing road networks, transit,
bicycle/pedestrian travel; and potential right-of-way needs (for rail or grade
separations)
c. Evaluate urban design constraints and opportunities, such as integration of
transportation network (auto, transit, bike, ped) with land uses, including
mixed use and open/public spaces; historic resource compatibility; public art;
and appropriate transitions from neighborhoods; as well as design of
transportation infrastructure (rail facilities, grade separations, bike/ped
facilities); and impediments to cohesive design (at grade/elevated tracks, grade
separations, etc.)
4. Outreach: Stakeholder/public task force; community workshops; web-based
interactive community involvement; progress meetings and public hearings
with PTC and Council; other outreach methods to be identified
5. Deliverables: Up to 3 alternative land use/transportation scenarios, preliminary
traffic and visual impact analyses, and identification of draft urban design
principles and opportunities
6. Resources: Compo Plan plamier (0.5 FTE); planning/urban design consultant
($50,000); transportation/engineering consultant ($25,000)
7. Schedule: 6 months
Draft Palo Alto Rail Corridor Study: July 12, 2010
Page 3
D. Phase ill: Plan and Implement~tion
1. Intent: Prepare plan as guidance for corridor development and for integration
into Comprehensive Plan; and implementation measures and schedule
2. Context: Phase I and Phase II products and background; Comprehensive Plan
update; future High Speed Rail studies or decisions
3. Work Tasks:
a. Identify preferred land use/transportation/urban design strategy(ies)
b. Refine vision/goals/policies from Phase I
c. Identify key environmental considerations/mitigation
d. Identify key costs implications/considerations
e. Identify implementation and funding approach (CIP, bonds, tax increment
financing, public/private partnerships, TDR, codes)
4. Outreach:. Stakeholder/public task force, community workshops, web-based
interactive community involvement, and public meetings and hearings with
PTC and Council; other outreach methods to be identified
5. Deliverables: Draft Rail Corridor Plan and implementation components for
public review; Comprehensive Plan amendments as necessary
6. Resources: Comp Plan planner (0.5 FTE); planning/urban design consultant
($50,000); transportation/engineering consultant ($25,000); economic
consultant ($15,000)
7. Schedule: 3-4 months (not including EIR)
Total Time and Cost
Phase I
Phase II
Phase III
Totals
Additional Assumptions: .
Time
4-6 months
6 months
3-4 months
13-16 months
Cost (excluding staff costs)
$ 50,000
$ 75,000
$ 90,000
$200,000
1. Most public outreach embodied in proposed Task Force (9-15 members); appointed by
staffto represent broad cross-section of stakeholders (adjacent/nearby homeowners,
businesses, CAARD, PAUSD, housing, environmental, Stanford, Caltrain JPB, etc.);
all meetings open to the public and invitees will include an extensive list of
stakeholders
2. Environmental review builds on HSR or Comp Plan EIR or is an additional task
3. No extensive design study of an HSR station
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HIGH SPEED RAIL COMMITTEE
EXCERPT
,July 1, 2010
Review of Rail Corridor Study Scope of Services
5
Planning Director Curtis Williams spoke regarding the Scope of Services Study.
He said it would help inform the High Speed Ri3i1 deliberations in a policy sense.
In the longer term it would meld with the Comprehensive Plan update. The
overall intent was to provide some vision of community values and project
character issues. He said there were three parts to the study. The first part
was the context of the Comprehensive Plan policies and integrating them into
the discussions. The second part was to update the goals and policies around
the rail corridor issue. Lastly, the study would provide estimates of Staff and
Consultant resources. This phase was 4-6 months to a finished draft EIR on
High Speed Rail. They could then start phase two which would be a technical
analysis. Phase two would evaluate land use constraints and opportunities,
overall planning for neighborhood development, linkages to open space, mixed
use potential, transportation components, pedestrian bike travel links, urban
design constraints and opportunities, and three alternative land use and
transportation scenarios. It would take approximately six months to undertake
the process. Staff would then take that information and use it to develop a
alternative recommendation for land use and transportation and urban design in
the corridor. All of this information will be incorporated into Comprehensive
Plan and the Corridor Study. The last part, phase three would take three to
four months. The esUmate did not include the environmental review. ,He gave
a summary of total project time and cost estimates, saying it would be about
13-16 months and about $200,000. He said it would take a couple of months
to hire someone so the time line would begin once that person starts. He said
Staff worked on community outreach with the suggestion to setup a task force
of members from different interested groups to help the community work
through the process. He felt this would be a better process than having many
meetings with many different multiple boards. He said they would discuss a
High Speed Rail Station and the City's policy toward that, though a specific
element for this would not be included. He said this was scheduled to go to
Council on July 12, 2010. Council budgeted $90,000 for the fiscal year, they
could also take about $50,000 from the Comprehensive Plan project. He said
that was a total of $140,000 to cover the economic study and about half of it
was for this study. They would need approximately $100,000 in additional
funds to get through process. Staff would get more detailed with Council's
direction.
Council Member Price asked about the environmental component to the Rail
Corridor Study being related to the Comprehensive Plan, she thought it should
require an Environmental Impact Review (EIR).
Mr. Williams said it didn't require one, but a program EIR could be included. It
might not be called that, or be at a level of detail to a specific parcel.
Council Member Price said it was an update not a start from scratch. She
wanted to truncate some of the potential cost. If it were closely linked to the
Comprehensive Plan it could apply to this as well.
Mr. Williams that was Staff's thought as well.
Council Member Price said she liked the detail of the report, but wanted to know
how Staff thought the phases would overlap.
Mr. Williams said some things could overlap. Some things may also need to be
revisited. It was generally a linear proposal but there were components that
could shift around.
Council Member Price asked if Staff anticipated the part-time Planner allocations
starting work prior to a detailed Requestfor Proposal (RFP) for other resources.
Mr. Williams said the planner was already designated and could start shortly.
Council Member Price said the implementation would not be deferred then.
Mr. Williams said they could start now.
Council Member Shepberd asked if this was coming from Planning and not High
Speed Rail Staff. She wanted to confirm that questions about the Corridor
Study should go to the Planning Director.
Mr. Williams confirmed that questions should be directed to him. He said that
Planning and the City Managers Office would work closely together but it was a
Planning responsibility.
Steve Emslie, Deputy City Manager said that the City Manager's office would be
the central project coordinator.
Council Member Shepherd said she understood the preliminary economic study
was already approved, she wondered if it could go further into complementing
some of the community interests in a station study.
Mr. Williams said the economic study would discuss the potential economic
benefits and downfalls to a station to the extent information were available. He
said that generally be more of a policy discussion versus a detailed station plan.
Council Member Shepherd said it would be a quick studyfor economic impact
but it would not discuss the station option.
Mr. Williams said the report would have some information to help develop a
policy. It would not however, have design specifics as part of an economic
study.
Council Member Shepherd said that it will help go into that period where the
High Speed Rail Authority will ask Cities whether or not they want a station.
James Keene, City Manager said there would be aspects of many subject areas
but in a general manner.
Council Member Shepherd said it would be wise' to pull that part out to
accelerate the process.
Mr. Emslie said the next set of technical documents will be focused on the
station.
Council Member Shepherd said she wanted to be prepared for those documents.
She asked if the task force will have a Comprehensive Plan in addition to or part
of the report.
Mr. Williams they don't have a task force for the Comprehensive Plan.
Council Member Shepherd asked if there would be facilitators for the
community meetings.
Mr. Williams said he wasn't sure if it would be the consultant or facilitators.
Mayor Burt said he wanted to discuss the sequence of both the corridor study
and the immediate tasks that will feed into the study. The economic analysis
will start immediately and would take three months but Staff wasn't planning on
waiting until the end of three months, instead they would build the knowledge
base as they went along.
Mr. Williams agreed that Staff would build their knowledge base as they
prog ressed.
Mayor Burt confirmed that they would get technical documents on the station
within the next month or two.
Mr. Emslie said it would likely be in the next month.
Mayor Burt it would be August by the time it was done. He suggested use of a
prior analysis as an early set of reference documents to allow us to see the
station with some concept of possible physical designs.
MI". Williams agreed.
Mayor Burt suggested that Phase one would be commencing early was the
vision and context. He confirmed that Phase One work could start prior to
hiring a contractor.
Mr. Williams confirmed that it could.
Council Member Price said she heard a corridor study had been done in the
1990s.
Williams wasn't aware if it had a station or not. He recalled that a study on the
EI Camino corridor was done, but he did not remember a rail corridor study.
Mayor Burt confirmed there was no study in the 1990s.
Council Member Price confirmed that station concepts included possibilities of
not only University but also California Avenue and San Antonio.
Mr. Williams said they should look at the parameters for all of those, so far the
conversations had been University Avenue.
Council Member Price said that all work would be folded together as a
foundation for the early Phase One work.
Mr. Williams agreed that it would.
Mayor Burt said he thought the documentation was specific to the High Speed
Rail stop station, not the impacts of the High Speed Rail on the various stations.
Mr. Williams said he thought it was correct.
Mayor Burt said they had two aspects to station consideration. Would
University Avenue Station be a High Speed Rail stop, and the corridor study
would be about the various stations from Palo Alto's point of view.
Mr. Williams said that California Avenue had been mentioned at other meetings
Council Member Klein said it could be called the Rail Corridor Community task
Force. He asked how it would be formed.
Mr. Williams said it would be a Staff driven task force. Staff would identify what
the member representation would be, but then it would probably go before
Council.
Council Member Klein asked if it should be a Brown Act Task Force.
Mr. Williams said they would have to discuss it. He thought the meetings
should be public anyway.
Council Member Klein confirmed that it was not yet clear whether or not Staff or
Council would appoint the members.
Mr. Williams confirmed that it wasn't clear, although they had anticipated a
Staff appointed task force.
Mayor Burt thought going to Council was to endorse how Staff intended to
compose a task force or was it to have Council affirm appointments. Council
affirming appointments would drive a Brown Act.
Mr. Keene said the start up can be done fairly quickly.
Council Member Klein said there were some difficult policy decisions to make as
a result he didn't believe it would be appointed quickly.
Council Member Price said this would not delay the background research; it
needs to continue to move along.
Mr. Williams said that was correct.
Council Member Klein said the task force issue raises the question of who
reviews the work. Currently there were three different groups prior to getting
to the City Council: the Task Force, the Planning & Transportation Commission
and the High Speed Rail Committee. He asked which group would review the
Staff Reports.
Mr. Williams said the direction would be to work with the Task Force primarily.
Until such pOint as they need a recommendation the Planning Commission and
the High Speed Rail Committee.
Council Member Shepherd asked if this review was going to be similar to the
time a Task Force reviewed the Comprehensive Plan. She wanted to know if
they could use the same model for processing information.
Council Member Price said that was a large task force with around 50 members.
Mr. Keene added that managing decisions between many groups would create a
need for a formalized way of connecting the community with the Task Force. A
technical advisory group could be another sounding board or location for Staff
work to receive feedback. He recommended a Staff driven task force to stay on
any type of schedule. He said that Staff was Quilding a schedule on the website
to cross link with some activities. Spending this amount of money would create
generalized planning tools that would not be definitive. How Staff will manage
evolving alternatives will be key. Ultimately we want something that will work
with Caltrain even if High Speed Rail never happens.
Mr. Williams said that they didn't want too much technical analYSiS, but still
required some alternatives.
Lynda (A Public Speaker) suggested a creative approach. She said she was
open to the idea of a California Avenue station. If they don't know we are
considering that they won't know to include it in the information.
Bill Cutler said the greatest failure would be lack of adequate stake holder
involvement. An explicit stake holder engagement plan is needed, part of which
would be to make a role for a task force community liaison, and to add more
than nine members from stakeholder groups.
Tony Carasso liked the corridor study. He thought the task force should report
to the High Speed Rail Committee. Planning & Transportation would not have
that deep knowledge to provide feedback. The City Manager said it would need
flexibility because it changes fast, the consultant needed to be nimble.
Nadia Naik said that the City of Mountain View was considering a potential
station. She added that consistency of community meetings was important.
She requested a live document to update the public.
Rita Wespi agreed that outreach was important in each phase. All tasks should
be considered for money allocation, including outreach. She discussed some
different rail designs as part of a legislative update.
Mayor Burt discussed the Community Liaison concept, he said they many want
to look at a previous process that identified the specific stakeholder groups. He
said that representative could then define their own set of community values for
their own interests; it leverages the work of the group really well.
Unfortunately, it also took a long time. The challenge was now how to learn
from the good and bad practices.
Council Member Shepherd said she would be interested to hear how the stake
holders were brought into the process on the 12th. She asked for clarification
about a traffic study.
Mr. Williams said it was difficult to know what level in the process it would be
completed in. A preliminary level should into enough detail to know how
neighborhoods would be affected, and what the impact of increased
development ~ould be.
Council Member Price said Phase One and Two would overlap so it would be to
the City's advantage to complete them within one to six months. Compressing
and accelerating the process was important. The draft EIR was in December or
January, so keeping value and input was critical.
MOTION: Council Member Price moved, seconded by Council Member
Shepherd that the High Speed Rail Committee recommends the City Council
approve the Draft Rail Corridor Study and that the item goes before the Council
on July 12, 2010.
Council Member Price said they had discussed the study many times it was
important and relevant.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER
AND SECONDER that the community task force shall be apPointed by Staff,
advisory to Staff, designed as representing stake holder groups, and hold open
meetings.
Council Member Shepherd said she thought this would be vetted more between
now and the Council meeting.
Mayor Burt said that his goal was to escalate the process. Council
appointments take too long. The task force could still be open meetings, but it
could still be less formal.
Council Member Klein said he would vote no as the motion was premature and
will be counter productive. He thought this could take focus away from High
Speed Rail and not produce the expected results. There were too many moving
targets. He said that in order to have a meaningful corridor study they needed
to first know what was going to happen with High Speed Rail and CalTrain. This
was spending money on unneeded and unfocused items. He thought they
would probably not warit a station. But it was important to keep an open mind.
They would need to start thinking about their response to the High Speed Rail
Authority's Draft EIR that would be released early in 2011. He said that
ridership figures were flawed, and an effort to make sure those numbers were
meaningful was important, until then the rail corridor study was premature.
They needed to be proactive. He stated that High Speed Rail was not Palo
Alto's project, and being proactive, coming up with alternatives, and approving
designs was not constructive. It was counter productive. He was concerned
that alternatives that included elevated High Speed Rail would be interrupted by
the Authority as being acceptable.
Council Member Price said she felt this would help them focus. Having input
into the Draft EIR was a good beginning. It was important to the community to
have this input.
Council Member Shepherd said the more information she had the more she felt
able to articulate a response to any decisions made by the High Speed Rail
Authority.
Mayor Burt said this had been a useful discussion. They will be able to make an
informed recommendation to Council. He reminded them that there was a
value in going through the process.
Council Member Klein voiced concern that they hadn't thought though the use
of citizen input. He wasn't clear on what the lines of communication would be.
Council Member Shepherd said the Chair of Committee should meet with the
City of Mountain View to discuss their ideas for a station.
Council Member Klein asked for clarification.
Council Member Shepherd said the City of Mountain View was looking at a San
Antonio station which would be close to Palo Alto potentially affecting the need
for a Palo Alto station ..
Mr. Keene said the Staff had had some preliminary conversations with relevant
City of Mountain View Staff. They will continue to have conversations with
them.
Council Member Klein urged not to have that fn the motion as it didn't relate
directly to corridor study
cJ
Mayor Burt said that from a timing standpoint the station discussion was
outside this motion. There should definitely be discussions with surrounding
communities.
MOTION PASSED: 3-1, Klein, no
MOTION: Council Member Shepherd moved, seconded by Council Member xxx xx to direct Staff to contact surrounding communities to explore station
options and criteria.
Mr. Emslie said Staff had already started the process.
Council Member Price asked if the Committee could expect an update on the
discussions at the next meeting.
Mr. Emslie said they could.
Cikr of Palo Alto ----.~---:':' J .. -.----.-.. -----.---------------------
Office of the City Manager
TO: HONORABLE CITY COUNCIL
FROM:
DATE:
Subject:
James Keene
July 12, 2010
City Clerk's Report Certifying Sufficiency of Charter
Amendment. Petitions Regarding Adding Article IX Fire and
Emergency Medical Services Minimum Protection and
Adoption of Resolution Calling a Special Election for
November 2, 2010 Submitting to the Electorate for Special
Election an Initiative Measure to Amend the Charter of the
City of Palo Alto to Specify Minimum Staffing and
Service Levels for Fire Department Personnel and of Fire
Stations and Fire Station Locations and Require a
Referendum Vote for any Proposal to Reduce Such Levels
BACKGROUND
On your agenda, you have an Action Item from the City Clerk that
transmits the results of the sufficiency count of signatures on the petitions
submitted to amend the City Charter to add minimum staffing
requirements for Fire and Emergency Services in the City of Palo Alto. It
is her responsibility to promptly transmit these results to the City Council.
In addition, in this Action Item she has recommended scheduling a Special
Election for November 2, 2010, as has been her practice. This is the
earliest date possible for the election on the charter amendment.
The Council is not required to take action on setting this petition for a
special election at your meeting on July 12, 2010. I have discussed this
with the City Clerk and she concurs with this fact.
RECOMMENDATION
If Council schedules this matter for a special election on November 2,
2010, you must take action by the August 2, 2010 Council meeting. There
are several factors you should consider before making your decision. .
At least one Council Member (Klein) will be absent from the July 12, 2010
meeting. There are additional issues involving the potential charter
Printed with soy·based inks on 100% recycled paper processed without chlorine
Po. Box 10250
Palo Alto, CA 94303
650.329.2563
650.325.5025 fax
6
amendment that will be the subject of a closed session to be scheduled by
the City Attorney for July 19.
For these reasons I recommend Council defer its action on this item
setting the election date until your August 2, 2010 meeting.
Respectfully submitted,
'?:: ~e~ '--r-tt;:anagtJ
RECOMMENDATION
The . City Council is respectfully requested to adopt the attached
Resolution Calling a Special Election for November 2, 2010 Submitting to
the Electorate for Special Election an Initiative Measure to Amend the
Charter of the City of Palo Alto to Specify Minimum Staffing and Service
Levels for Fire Department Persqnnel and of Fire Stations and Fire Station
Locations and Require a Referendum Vote for any Proposal to Reduce
Such Levels. This. resolution sets the election date and deadlines for
ballot arguments and requests the County's services in conducting the
election. To obtain the County's services, the City must adopt this
resolution no later than the August 2, 2010 council meeting.
RESOURCE IMPACT
. The costs for this measure have increased from illy last estimate due to
the fact that the Registrar of Voters has forwarded an invoice in the
amount of $22,780 for the verification of the petition signatures.
Therefore, the revised cost for this measure would be approximately
$212,780, which would be $163,780 for the Registrar of Voters, $35,000
for legal fees, $11,000 for publication requirem~nts, $3,000 for staff time.
Attachments:
Certificate of Sufficiency
Resolution
CERTIFICATE OF SUFFICIENCY OF THE CHARTER AMENDMENT PETITION
REGARDING FIRE AND EMERGENCY MEDICAL SERVICES MINIMUM
PROTECTION
I, Donna J. Grider, City Clerk, City of Palo Alto, do hereby certify:
1) that a charter amendment petition regarding fire and emergency medical services
minimum protection was received in this office on June 16, 2010;
2) that said petition containing 7,261 Signatures was delivered to the Registrar of
Voters of Santa Clara County for verification of signatures;
3) that the Registrar of Voters of Santa Clara County has issued his certificate dated
June 30,201 O,stating that after examining 7,261 signatures, 6,009 signatures were
placed on the petition by registered voters of the City of Palo Alto.
4) that in accordance with Election Code Section 9255, the proposed petition is Signed
by at least fifteen (15) percent of the registered voters of the city according to the
county official's last official report of registration to the Secretary of State (36,307 x
15% = 5,446), said petition is found to be sufficient in that it contains 6,009 qualified
signatures.
Witness my hand and official seal
this 12th day of July 2010
A!kAU-(} <~~)
DONNA J. GRI~ MMC
City Clerk
City of Palo Alto
REVISED
* * * NOT YET APPROVED * * *
Resolution No.
Resolution of the Council of the City of Palo Alto Calling a
Special Election for November 2, 2010 Submitting to the
Electorate for Special Election an.lnitiative Measure to Amend
the Charter of the City of Palo Alto to Specify Minimum
Staffing and Service Levels for Fire Department Personnel and
Require a Referendum Vote for any Proposal to
Reduce Such Levels
WHEREAS, an initiative petition to amend the Charter of the City of Palo Alto
Municipal Code to specify minimuril service and staffing levels for Palo Alto Fire Department
Personnel and require a referendum vote for any proposal to reduce Fire Department service or
staffing levels, or close or relocate a fire station has been submitted to the City in accordance
with the requirements of Article IX of the Charter of the City of Palo Alto; and
WHEREAS, elections will be held·on November 2,2010, in certain school districts
and certain special districts in Santa Clara County; and
WHEREAS, pursuant to Education Code section 5342 and Part 3 of Division 10 of
the Elections Code commencing at section 10400, such elections may be partially or completely
consolidated.
NOW, THEREFORE, the City Council of the City of Palo Alto does hereby
RESOLVE as follows:
SECTION 1. Special Election. Pursuant to Elections Code sections 1405 and 9255
there is called and ordered to be held in the City of Palo Alto, California, on Tuesday, November
2, 2010 a special municipal election. Pursuant to Article IX of the Charter of the City of Palo
Alto, this Council orders the following question to be submitted to the voters at the Election:
CITY OF PALO ALTO CHARTER INITIATNE MEASURE __ _
Shall the Charter be amended to require the City to continuously maintain
in all budgetary years at least the number of Fire Department Personnel
authorized in the 2009-10 Annual Budget, and to prohibit the City from
implementing any proposal to reduce fire staffing levels or close or
relocate a fire station unless the City Council holds two public hearings,
submits the measure to voters, and a majonty of voters approve the
proposal?
For the Amendment
Against the Amendment
SECTION 2. Adoption of Measure. The measure to be submitted to voters is
attached to this Resolution as Exhibit "A" and incorporated herein by this reference. If a
100727 sh 8261363 1
* * * NOT YET APPROVED * * *
majority of qualified electors voting on such measure shall vote in favor of City of Palo Alto
Charter fuitiative Measure "_", it shall be deemed ratified and shall read as provided in Exhibit
"A" attached hereto.
SECTION 3. Notice of Election. Notice of the time and place of holding the
election is hereby given, and the City Clerk is authorized, instructed and directed to give further
or additional !'.otice of the election in time, form,·and manner as required by law.
SECTION 4. Impartial Analysis. Pursuant to California Elections Code section
9280, the City Council hereby directs the City Clerk to transmit a copy of the measure to the City
Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed
500 words in length, showing the effect of the measure on the existing law and the operation of
the measure, and transmit such impartial analysis to the City Clerk on or before August 17,2010.
SECTION 5. Ballot Arguments. Pursuant to Elections Code section 9286 et seq.,
August 10, 2010 at 5:30 p.m. shall be the deadline for submission of arguments in favor of, and
arguments against, any local measures on the ballot. If more than one argument for and/or
against is received, the priorities established by Elections Code section 9287 shall control.
SECTION 6. Rebuttal Arguments. The provisions of Elections Code section 9285
shall control the submission of any rebuttal arguments. The deadline for filing rebuttal
arguments shall be August 17,2010.
SECTION 7. Consolidation Request. The Council of the City of Palo Alto requests
the GoveIning Body of any such other political subdivision, or any officers otherwise authorized
by law, to partially or completely consolidate such elections and to further provide that the
canvass be made by any body or official authorized by law to canvass the returns of the election,
except that in accordance with Article III, section 4, of the Palo Alto Charter, the City Council
must meet and declare the results of said elections; and that this City Council consents to such
consolidation.
SECTION 8. Request for County Services. Pursuant to section 10002 of the
California Elections Code, the Council of the City of Palo Alto hereby requests the Board of
Supervisors of Santa Clara County to permit the Registrar of Voters to render services to the City
of Palo Alto relating to the conduct of Palo Alto's General Municipal and Special Elections
which are called to be held on Tuesday, November 2,2010.
The services shall be of the type normally performed by the Registrar of Voters in
assisting the clerks of municipalities in the conduct of elections including, but not limited to,
checking registrations, mailing ballots, hiring election officers and arranging for polling places,
receiving absent voter ballot applications, mailing and receiving absent voter ballots and opening
and counting same, providing and distributing election supplies, and furnishing voting machines.
Subject to approval of the Board of Supervisors of Santa Clara County of the
foregoing request, the City Clerk is hereby authorized to engage the services of the Registrar of
Voters of the County of Santa Clara to aid in the conduct of said elections including canvassing
the returns of said election. Further, the Director of Administrative Services is authorized and
100727 sh 8261363 2
* * * NOT YET APPROVED * * *
directed to pay the cost of said services provided that no payment shall be made for services
which the Registrar of Voters is otherwise required by law to perform.
SECTION 9. Transmittal of Resolution. The City Clerk is directed to submit a
certified copy of this resolution to the Board of Supervisors of the County of Santa Clara ~d to
the Registrar of Voters.
SECTION 10. Exemption from CEQA. The Council finds that this is not a project
under the California Environmental Quality Act and, therefore, no environmental impact
assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Senior Deputy City Attorney City Manager
Director of Administrative Services
100727 sh 8261363 3
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER
DATE: JULY 12, 2010
REPORT TYPE: ACTION
City of Palo Alto
City Manager's Report
DEPARTMENT: ADMINISTRATIVE
SERVICES
CMR: 291:10
SUBJECT: Approval of Three Year Software Consulting Services Contract with Sierra
Infosys Inc. in the Amount of $750,000 for the Support and Maintenance of
SAP Industry-Specific Solution for Utilities, SAP Financials, Customer
Relatiouship Management System, Business Intelligence System and Utilities
Customer Electronic Services
RECOMMENDATION
Staff recommends that the Council:
1. Approve and authorize the City Manager or his designee to execute the attached usage-
based professional services agreement (Attachment A) with Sierra Infosys Inc. in the
amount not to exceed $250,000 per year for the support and maintenance of various SAP
modules. The contract will be for fiscal years 2011, 2012 and 2013. The total not-to-
excced value of this agreement is $750,000.
2. Authorize the City Manager or his designee to execute the renewal 'agreement at the rate of
$250,000 per year for years two and three for software consulting services.
BACKGROUND
The City recently completed a major upgrade to the SAP system, which integrated the former
utility billing system. The upgrade project totaled $8.8 million, spanned more than two-years,
required a three-month Council-approved extension, nine-months of Council-approved extended
post implementation support, with consulting services provided by Axon ConSUlting. This
proposed contract moves past the SAP upgrade project and into normal system support as
described below.
The City's history with SAP began in 2002 when the City selected SAP as its preferred vendor
for an Enterprise Resource Planning system with the purpose of integrating various business
processes within the City and to pave the path for the City to moving toward the direction of
electronic Government. In fiscal year 2003, the implenlentation of the above SAP core modules
were completed and the SAP system has been running in the City since, supporting Accounting,
CMR:291:IO Page I of 5
Purchasing, Project Management, Plant Maintenanee, Budgeting, Payroll, Human Resource
Management, and Service Order management.
On July 23, 2007, the Council approved contract changes with SAP for the SAP upgrade (from
release 4.6 C to ECC6.0) and implementation of SAP's industry-specific solution for utilities
(IS-U) to replace the aging Utilities Department's Customer Information System (CIS). The
SAP upgrade was completed in fiscal year 2008 and the implementation of the SAP IS-U,
Customer Relationship Management, and Business Inte\ligenee systems were subsequently
completed in fiscal year 2009. These systems replaced the old Utilities Customer Information
System known as Banner. Annual support for the Banner system was in the $200,000 per year
rangc.
Similar to many major project implementations the SAP IS-U projcet, since go-live in May 2009,
has gone through a period of post go-live support, issue resolution, and change management. To
ensure smooth transition from project post go-live support to normal support and maintenance,
the Axon consultants who did the original project were retained to assist staff to carry out the
project post go-live support from September 2009 to June 2010. The systems now are stabilized
and the City's SAP team is transitioning to normal support and maintenance where system
stability, system tuning and continuous improvements are the key objectives.
DISCUSSION
With the implementation of the SAP IS-U project, SAP has become the cornerstone of the City'S
business continuity, supporting Financial, Procurement, HR processes, and Utilities' meter-read
to billing, payment and collection processes. This centralization relocated the Utilities customer
information and support system from Banner to SAP. As the system became integrated with the
utilities modules, the breadth and depth of SAP knowledge and skill requirements for effective
SAP support and maintenance also has increased in these areas. Compared to the prior stand
alonc Banner system, SAP is a highly configurable system with processes integrated via inter-
linked configuration rules in the various modules. Configuration change requires thorough
knowledgc of multiple related modules and wbile these skills have been developing since the
system go-live on May 2009, the City's current resource for configuration and trouble-shooting
for the mission critical areas of the Utilities modules are insufficient.
After analyzing the past 12 months of SAP support and maintenance requests and considering
the scope and complexity and limited in-house resource capacity and capability; the SAP Project
Management Office (PMO) recommended that leveraging an extemal vendor to supplement the
City internal resources would be the best solution for the next three years.
The support and maintenance consulting cost will be similar to that under the former Banner
system. The SAP modules for Finance, HR, and Procurcment, in place since 2003 will also be
supported under this contract at approximately 20% of the contract.
CMR:291:IO Page 2 of 5
F 11 fh d o owmg IS a summary 0 t even or se cctton process.
Proposal Description/Number NamelNumber of Proposal here
, Proposed Length of Contract ~months . __ .-
Total Days to Rcspond to Proposal
i Pre-proposal Meeting Date 4/1912010
Number of Attendees at Pre-proposal 21
Meeting
Number of Proposals Received: 9
Company Name ' Location (city, Selected for oral
!ltate) interview? ' .
1. Alijon Consulting Walnut Creek,CA No
. 2. EA Consulting Folsom, CA Yes
3. HCL-Axon Jersey City, NJ Yes
4. HPC America San Ramon, Ca No
5. CSC El Segnado, CA No
6. Sage Group Hazlet, NJ Yes
7. Sierra Infosys Houston TX Yes
i 8. Terra Information Group, Inc. Naperville, IL No
9. The Basis Group! Inc. Hales Corners, WI Yes
Range of Proposal Am,ounts Submitted
$137,915 to $lM
An evaluation committee consisting of six staff from Administrative Services and Utilities
Departtnents reviewed the proposals. From the nine RFPs submitted, the evaluation committee
selected five firms that met the first level of ranking to participate in an oral interview on Jnae 1,
2010. Firms were not invited to interview if their proposals were inadequate or out of scope.
The committee carefully rated and ranked each frrm's qualifications and submittal in response to
the criteria identified in the RFP. Criteria used for the, evaluation is as follow:
Criteria
Weight
1. Quality and completeness of proposal 5%
2. Qualification and experience of proposed project manager and key staff 20%
3. Similar experience and expertise in the type of work required 25%
4. Demonstrated understanding of the scope of services required, timeframe, 20%
Scheduling ability, ability to provide back-up or follow-up services, if needed
5. Financial stability of Firm, current and looking forward 10%
6. Thc proposed fee schedule relative to the services to be provided 20%
Sierra Infosys, Inc was selected unanimously by all RFP evaluation committee members as the
first choice with the reasons summarized as:
I. The work model proposed by Sierra best complements City's existing 1'1 level support
capabilitics; with Sierra providing 2nd level support on as-needed basis. Under this
model City staff is contacted first for all SAP issues that come to the Helpdesk. The 2nd
level of support is only used if City staff needs assistance with a particular issue. This
CMR:291:10 Page 3 of 5
!
,
model enables the City to access Sierra's support resource pool to resolve unforeseen
critical system problems swiftly and provides the City with sufficient flexibility to
schedule plamled maintenance work effectively. Sierra's perfonnance will be measured
according to the service level agreement.
2. Sierra's proven implementation and support maintenance experience and expertise in
similar environments, such as City of San Diego, State of Kentucky, Clark County,
Nevada, and Broward County School District. Reference check results collected £i'om
these organizations are consistent and positive.
3. What differentiates Sierra Infosys from the other vendors responding to the Palo Alto
RFP is their strategic focus on providing Support and Maintenance services to mid-size
organization such as City of Palo Alto and their commitment to retain ample in-house
knowledge of SAP for prompt problem diagnosis and resolution of client problems.
Over the years, Sierra also has established a deep relationship with SAP Global
Support. Sierra has been selected by as a partner for the SAP GSS-Global Network of
Subject Matter Experts, providing quick resource deployment to SAP clients, when
needed.
The City Of Palo Alto SAP Steering Committee comprised of the directors of the
Administrative Services, Public Works and Utilities Departments are in agreement with the
selection of Sien'a Infosys, Inc for the work outlined in the City's Request for Proposal.
RESOURCE IMPACT
As a result of the on-going Information Teehnology funding structure, funds for this project have
been included in the Technology Internal Scrvice Fund (ISF) 2011-2012 budget.
POLICY IMPLICATIONS
Approval of these contracts is consistent with current City policies.
ENVIRONMENTAL REVIEW
This is not a project under the California Environmental Quality Act (CEQA).
CMR:191:l0 Page 4 of 5
PREPARED BY:
REVIEWED BY:
DEPARTMENT HEAD:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
ATTACHMENTS
Attachment A: Contract
CMR:291:10
JENNIFER LEU, Manager, Information Technology
DA VIO RAMBERG
Assistant Director, Administrative Services
TOMM MARSHALL
Assistant Director, Utilities Engineering
TOM AUZENNE
Assistant Director, Utllities Customer Support Services
LALO PEREZ, Director of Admini$trative Services
ryJAMES KEENE
City Manager
\ .
PageSof 5
ATTACHMENT A
CITY. OF J?ALO ALTO CONTRACT NO. CI0135998
AGREEMENT BETWEEN THE CITY 01' PALO ~LTO AND SIERRA INFOSYS INC.
FOR PROI'ESSIONAL SERVICES
PROVISION SAP APPLICATION MAINTENANCE SUPPORT
This Agreement is entered into on this 13TH day of July, 2010, ("Agreement") by
and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"),
and SIERRA INFOSYS INC., a Texas Corporation authorized to do business in California, located
at 6001 Savoy Drive, Suite #210, Houston, TX, 77030 (PH) 713-747-9693 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to maintain SAP Applications ("Project") and desires to engage a consultant to
provide Maintenance Support Consultant Services in connection with the Project ("Services").
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULT ANT to provide the
Services as more fully described in Exhibit "A", attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this
Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
D Optional On-Call Provision (This provision only applies if checked and only applies to on-call
agreements.)
Services will be authorized by the CITY, as needed, with a Task Order assigned and approved by the
CIYY's Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-I.
Each Task Order shall designate a City Project Manager and shall contain a specific scope of work, a
specific schedule of performance and a specific compensation amount. The total price of all Task
Orders issued under this Agreement shall not exceed the amount of Compensation set forth in
Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under
an authorized Task Order and the CITY may elect, but is not required, to authorize work up to the
maximum compensation amount set forth in Section 4.
ProfessiDrud Services
Rev. June 2, 2010
SECTION 2. TERM.
The term ofthis Agreement shall be from the date ofits full execution through July 12, 2013,
unless terminated earlier pursuant to Section 19 of this Agreement.
OR
The term of this Agreement shall be from the date of its full execution through completion of the
services in accordance with the Schedule of Performance attached as Exhibit "B" unless terminated
earlier pnrsuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of
Services under this Agreement. CONSULTANT shall complete the Services within the term of this
Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part
of this Agreement. Any Services for which times for performance are not specified in this Agreement
shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner
based upon the circumstances and direction communicated to the CONSULTANT. CITY's
agreement to extend the term or the schedule for performance shall not preclude recovery of damages
for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit "A", including both
payment for professional services and reimbursable expenses, shall not exceed Seven Hundred
Fifty Thousand Dollars, over the three year term of the Agreement ($750,000.00), with annual
payments not to exceed $250,000.00 per year .. In the event Additional Services are authorized,
the total compensation for services and reimbursable expenses shall not exceed Seven Hundred
Fifty Thousand Dollars ($750,000.00). The applicable rates and schedule of payment are set out
in Exhibit "C-I", entitled "HOURLY RATE SCHEDULE," which is attached to and made a part
ofthis Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit "A".
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and reimbursable
expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-l "). If applicable,
the invoice shall also describe the percentage of completion of each task. The information in
CONSULTANT's payment requests shall be subject to verification by CITY. CONSULT ANT shall
send all invoices to the CITY's project manager at the address specified in Section 13 below. The
CITY will generally process and pay invoices within thirty (30) days of receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
2
Professional Services
Rev, June2,2010
S:\ASDIPURCHISOLICITA TJONSICURRENT BUYER·CM FOLDERS\KATHYlContra elslCI 0 135998·Sicrra inf",ys, InelOmtract
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performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents
that it possesses the professional and technical personnel necessary to perform the Services required
by this Agreement and that the personnel have sufficient skill and experience to perform the Services
assigned to them. CONSULTANT represents that it, its employees and subconsultants, if pennitted,
have and shall maintain during the term of this Agreement all Iieenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar
circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itselfinformed of and
in compliance with all federal, state and local laws, ordinances, regulations, and orders that may
affect in any manner the Project or the performance of the Services or those engaged to perform
Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all
charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and
all errors, omissions, or ambiguities in the Services rendered to CITY, provided CITY gives
appropriate notice to CONS UL T ANT. If CONSULTANT has prepared plans and specifications or
other design documents to construct the Project, CONSULTANT shall be obligated to correct any
and all errors, omissions or ambiguities discovered prior to and during the course of the Project.
This obligation shall survive termination of the Agreement.
SECTION 9. COST ESTIMATES. If this Agreement pertains is the design of a publie works
prejeot, C()'NSULTf~IT shall Sllblllcit estimates of pro19allle eonstruction BOSts at eaeh phase of
deSigfl sa19mittal. l[the totsl estimated eonstruetion eost at any sabmittal elteeeds ten pareent (1 0%)
of.the CITY's statee. eonstruetion lme.get; CONSULTA"IT shall mal(e reeemmendations to the CITY
for aligning the PROJECT e.esign with the badge!, ineorporate CITY approyed reeommentiations,
and revise the design to meet the Pre;ieet 1gedge!, at HO additional eost to CITY. Section Not
Applicable.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing
the Services under this Agreement CONSULT ANT, and any person employed by or contracted with
CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the perfonnance of any of CONSULTANT's obligations
hereunder without the prior written consent of the city manager. Consent to one assignment will not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
of the city mauager will be void.
3
Professional Services
Rev. June 2, 2010
S:IASDIPURCHlSOLlCIT A TlONSICURRENT BUYER.cM FOWERSIKA THYlContr. elslCI 0\35998-Sierr. infosys, lnc\O:mtract
ClO135998Ldoc
SECTION 12. SUBCONTRACTING.
!8IOption A: No Subcontractor: CONSULTANT shall not subcontract any portion of the work to
be performed under this Agreement without the prior written authorization of the eity manager or
designee.
DOption B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that
subconsultants may be used to complete the Serviees. The subconsultauts authorized by CITY to
perform work on this Project are:
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
subconsultaut. CONSULTANT shall change or add subconsultauts only with the prior approval of
the city manager or his designee.
SECTION 13. PROJECr MANAGEMENT. CONSULT ANT will assign Robert Nyman as
the Account Executive to have supervisory responsibility for the performance, progress, and
execution of the Services and Fazle Navqi as the Project Manager/Support
S e rv ic e s Manager to represent CONSULTANT during the day-to-day work on the Project. If
cireumstances cause the substitution of the Account Executive, Project Manager/Support Services
Manager, or any other key personnel for any reason, the appointment of a substitute Account
Executive and the assignment of any key new or replacement personnel will be subject to the prior
written approval of the CITY's project manager. CONSULTANT, at CITY's request, shall promptly
remove personnel who CITY fmds do not perform the Services in an acceptable manner, are
uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to
the safety of persons or property.
The City's project manager is Jennifer Leu, Administrative Services Department, Information
Technology Services Division, 250 Hamilton Avenue, Palo Alto, CA 94303, Telephone: 650-853-
8 I S9. The project manager will be CONSULTANT's point of contact with respect to performance,
progress and execution of the Services. The CITY may designate an alternate CITY projcct manager
from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without Ihnitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrces
that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
property rights in favor of the CITY. Neither CONSULT ANT nor its contractors, if any, shall make
any of such materials available to any individual or organization without the prior written approval of
the City Manager or designee. CONSULTANT makes no representation of the suitability of the
work product for use in or application to circumstances not contemplated by the scope of work.
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SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during
the term of this Agreement and for three (3) years thereafter, CONSULT ANT's records pertaining to
matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such
records for at least three (3) years after the expiration or earlier termination of this Agreement.
SECTION 16. INDEMNITY.
OIOption A applies to the following design professionals pursuant to Civil Code Section
2782.8: architects; landscape architects; registered professional engineers and licensed
professional land surveyors.] 16, I, To the fullest extent pennitted by law, CONSULTANT shall
protect, indemnifY, defend and hold harmless CITY, its Council members, officers, employees and
agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of
any nature, including death or injury to any person, property damage or any other loss, including all
costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements ("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party,
~IOption B applies to any eonsultant who does not qualify as a design professional as defined
in Civil Code Section 2782.8.) 16.1. To the fullest extent permitted by law, CONSULT ANT shall
protect. indemnifY. defend and hold harmless CITY, its Council members, officers, employees and
agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of
any nature, including death or injury to any person, property damage or any other loss, including all
costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements ("Claims") resulting from, arising out of or in any manner related to performance or
nonperformance by CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2, Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnifY an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party,
16.3, The acceptance of CONSULTANT's services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant,
term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not
be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of
any subsequent breach or violation of the same or of any other term, covenant, condition, provision,
ordinance or law,
SECTION 18. INSURANCE.
18.1 , CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
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force and effect during the term of this Agrecment, the insurance coverage described in Exhibit "D".
CONSU'LT ANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an
additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers
with AM Best's Key Rating Guide ratings of A -: VII or higher which are licensed or authorized to
transact insurance business in the State of California. Any and all contractors of CONSULTANT
retained to perform Services under this Agreement will obtain and maintain, in full force and effect
during the term of this Agreement, identical insurance coverage, naming CITY as an additional
insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently
with the execution of this Agreement. The certificates will be subject to the approval of CITY' s Risk
Manager and will contain an endorsement stating that the insurance is primary coverage and will not
be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification,
CONSULTANT shall be responsible for ensuring that current certi.ficates evidencing the insurance
are provided to CITY's Purchasing Manager during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be
obligated for the full and total anlOunt of any damage, injury, or loss caused by or directly arising as
a result of the Services performed under this Agreement, including such damage, injury, or loss
arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or
in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its performance of
the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and other
data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to
CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will
become the property of CITY.
19.4. Upon such suspension ortermil1ation by CITY, CONSULTANT will be paid
for the Services rendered or materials delivered to CITY in accordance with the scope of services on
or before the effective date (Le., 10 days after giving notice) of suspension or tenninatiol1; provided,
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however, if this Agreement is suspended or terminated on account of a default by CONSULTANT,
CITY will be obligated to compensate CONSULTANT only for that portion of CONSULT ANT's
services which are of direct and immediate benefit to CITY as such determination may be made by
the City Manager acting in the reasonable exercise ofhislher discretion. The following Seetions will
survive any expiration or termination of this Agreement: 14, 15, 16, 19.4,20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager, address sarue as above for City Clerk
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently has
no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement,
it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will havc any financial intcrest under this Agreement is an officer
or employee of CITY; this provision will be interpreted in accordance with the applicable provisions
of the Palo Alto Municipal Code and the Government Code of the State of California.
21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as
that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. CONSULTANT acknowledges that it has read and understands the
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provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
SECTJON23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REOUIREMENTS. CONSULTANT shall comply with the CITY's Environmentally Preferred
Purchasing policies which are available at the CITY's Purchasing Division, Administrative Services
Department, incorporated by reference and may be amended from time to time. CONSULTANT
shall comply with waste reduction, reuse, recycling and disposal requirements of the CITY's Zero
Waste Program. Zero Waste best practices include first minimizing and reducing waste; second,
reusing waste and third, recycling or composting waste. In particular, Consultant shall comply with
the following zero waste requirements:
• All printed materials provided by Consultant to CITY generated from a personal
computer and printer including but not limited to, proposals, quotes, invoices,
reports, and public education materials, shall be double-sided and printed on a
minimum of 30% or greater post-consumer content paper, unless otherwise approved
by the City's Project Manager. Any submitted materials printed by a professional
printing company shall be a minimum of30% or greater post-consumer material and
printed with vegetable based inks.
• Goods purchased by Consultant on behalf of the CITY shall be purchased in
accordance with the CITY's Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Office.
• Reusable/returnable pallets shall be taken back by the Consultant, at no additional
cost to the CITY, for reuse or recycling. Consultant shall provide documentation
from the facility accepting the pallets to verifY that pallets are not being disposed.
SECTION 24. NON-APPROPRIATION
24.1. This Agreement is subject to the fiscal provisions of the Charter of the CITY
of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty
(a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal
year, or (b) at anytime within a fiscal year in the event that funds are only appropriated for a portion
of the fiscal year and funds for this Agreement are no longer available. This section shall take
precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
SECTION 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of the State of California.
25.2. In the event that an action is brought, the parties agree that trial of such action
will be vested exclusively in the state courts of California in the County of Santa Clara, State of
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California.
25.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value of
legal services provided by attorneys employed by it as well as any attorneys' fees paid to third
parties.
25.4. 1bis document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
25.5. The covenants, terms, conditions and provisions of this Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
parties.
25.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will rernain in full force and effect.
25.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in any
duly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to be a part ofthis Agreement.
25.8 If, pursuant to this contract with CONSULTANT, CITY shares with
CONSULT ANT personal information as defined in California Civil Code section 1798.81.5( d) about
a California resident ("Personal Information"), CONSULTANT shall maintain rcasonable and
appropriate security procedures to protect that Personal Information, and shall inform CITY
immediately upon learning that there has been a breach in the security of the system or in the security
of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing
purposes without CffY's express written consent.
25.9 All unchecked boxes do not apply to this agreement.
25.1 0 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.
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06-25-10; 11: 18 16503292302 # 2/ 2
IN WITNESS WHEREOF, the parties bereto have by their duly authorized
representatives executed this Agreement 011 the date first above written.
ern 01<' PALO ALTO
City Manager (Required ~;;;;ili.;:~~ts over
$85,000)
Purchasing Manager (Required on contrllCts
over $25,000)
Contracts Administrator (Required on
contracts under $25,000)
APPROVED AS TO FORM:
Senior ABst. CilJ' AUorney
(Required on Contracts over $25,000)
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
1!XH1BlT "C· I ";
EXHIBIT "D":
EXHIBIT "E"
SCOPE OF SERVICES
SCHEDULE OF PERFORMANCE
COMPENSATION
SCHEDULE OF RATES
INSURANCE REQUIREMENTS
TRANSITION PLAN
Profeasiunul Smlce!i
Rcv,Junc2,2:010
10
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l"oIC'nfrOet CIO 1359981.<100
I. BACKGROUND.
EXHIBIT A
SCOPE OF SERVICES
The CITY OF PALO ALTO (hereinafter "City") hereby requested proposals for SAP Support
Consultant Services. The CITY sought application support services for its SAP ECC 6.0 -
Enterprise Resourcc Planning Central Component System, ISUlCCS-Industry Solution Utilities
Customer Care and Service System, CRM Customer Relationship Management IC Web, UCES -
Utilities Customers eServices U CES Systems and Business Intelligence (BI) System. The most
recent ECC 6.0 was upgraded in July 2008, ISUlCCS was implemented in May 2009, and BI was
implemented in October 2009.
II. OVERVIEW
Sierra InfoSys (hereinafter "CONSULTANT') is to provide 2nd level of SAP Support and
Maintenance Consulting Services to supplement CITY in house resource when one or more of
the following scenarios occur:
• A quick solution is needed to fix system malfunction in areas such as payroll, utility bill
print, where system malfunction will disrupt normal business operation of multiple
departments or the entire organization.
• A quick solution is needed when customer facing systems such as UCES -Utility
Customer Electronic Services is down.
• Additional resource is needed to deliver system solution to meet legal compliance date,
such as Assombly Bill 920 -California Surplus Act of2009 or tax law changes.
• Industry best practice knowledge and experience is needed when City is evaluating,
designing, and implementing new business process and system fnnctions.
• At SAP PMO's discretion to perform special tasks such as new technOlogy evaluation,
feasibility study and/or reviewing system configuration setup.
Consultants are expected to have in-depth SAP knowledge and experience to perform tasks
inelude but not limited to system configuration custoinization, master data design and setup,
process design, custom table design, system analysis, and integration, focusing on the following
modules.
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Ill. SCOPE
SAP System SAP Modules Est Hours %
(per year)
IS-UtCCS DM-Device Management Support and Maintenance 200 12% I
BM-Billing Management Support and Maintenance 200 12%
FICA-Contract Account Finance Support and Maintenance 133 8%
UT·CRMllcWeb -Customer Relationship Management 200 12%
-Support and Maintenance
BI -Business Intelligence Support and Maintenance 133 8%
UCES -Utility Customer Electronic Services 133 8%
Core ERP ERP-Core SAP modules Support and Maintenance 333 20%
SAP Basis SAP BASIS consulting 333 20%
Total 1667
IV. WORK MODEL
Contract engagement with CONSULTANT primarily is based on Labor Hour for each Approved
Task Order. Hourly rate is fixed according to rate schedule. Total labor hours and cost is not to
exceed $250,000 annually.
Each task order with CONSULTANT, except urgent system fix, will be reviewed and approved
by SAP PMO, providing supporting material such as task scope; objectives, cost estimate,
resource planning, and schedule are available. CONSULTANT's Account Executive will
collaborate with CITY project manager and PMO to align objects, schedule, resource, and cost
closely.
V. DELIVERABLES
For each task order assigned, Consultant must follow CITY's system design and development
standards, to conduct the following tasks and produce deliverables:
Conduct problem investigation, root cause analysis, problem resolution, and knowledge transfer on
as-needed basis
Prepare functional specification, technieal specification, testing plan, and training material
Document configuration changes and process changes
Others: Solution comparaison, gap analysis, etc
VI. AREAS OF FOCUS
Areas of Business Operation where support and maintenance consulting is imperative to sustain
business continuity, to hnprove efficiency and fine tune process,
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• DM-Device Management Support and Maintenance
o Device and installation
o Meter reading optimization and fine tuning, including meter reading unit and scheduling,
implausible reading results setting and estimate read activation
• BM-Billing Management Support and Maintenance
o Creating Consolidated Rate structure for Retail Settlement, Distributor and Retailer
consolidated Billing for Deregulated transactions
o Configuration of Billing Schema, Rate Category, Rates and Operands for Industrial
o Preparing specification for Print workbench requirement for custom specific application
form, to display unbundled billing with Power, Water and Sewer contracts and Rate
information.
• FICA-Contract account Support and Maintenance
o Configuring New Dunning Procedures and Dunning Levels with Dunning Activities
o Creating functional specifications for Reset Clearing, Payments, Dunning, Security
Deposits, Automatic Clearing, and Clearing rules
• UT-CRM/IcWeb -Customer Relationship Management -Support and Maintenance
o Base Customization like Product master, Business Partners, Organizational Mgmt, Lead
MgmtXxx
o Configuring IC Web client like Business Roles, Profile setup, Interaction records, Partner
determination, broadcast messaging, Transaction launcher, Authorization Setup,
o Creating Users for Web UI and integration between ECC and CRM.
• BI -Business Intelligence Support and Maintenance
o Redesigning BI Landscape to improve loading and Query performance
o Creating custom reports and workbooks using BEx Analyzer
• UCES -Support and Maintenance
o Sustaining UCBS Utility Customer E-Service
• ERP-Core Support and Maintenance Consulting
o Plarming production support activities for ERP Core activities
o Identify change management opportunities and implement organizational solutions
involving functional department efficiency improvement and workload balancing
• SAP Basis Consulting
o SAP Solution Management evaluation and implementation
o SAP Enterprise portal architecture
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EXHIBIT "B"
SCHEDULE OF PERFORMANCE
CONSULTANT shall provide 2nd level of SAP Support and Maintenance Consulting_Services for configuration changes, master data setup,
process design, system analysis, and integration for the SAP modules listed in Exhibit A-Scope of Services. Detailed tasks will be assigned and
approved by SAP PMO on as-needed basis not to exceed allocated hours per module. Specific schedules for each Task as assigned will be
developed on a Task by Task basis. CONSULTANT shall perform the Services so as to complete each Task within the number of
hours/days/weeks as specified in Table A-I below and agreed to by CONSULTANT and City's Functional Lead and SAP Basis Lead.
PriOrity Definition Response Provide Target Resolution Time Escalation Path
Time Solution
After Time
Notification
rg y y y
i • Core business process cannot be carried out. Escalation path: tbd
Critical
• Security violation.
I • Multiple users or departments are directly affected. I 4 hours
• Incident has serious impact on critical tasks and
no workaround is available
• Customer affected.
as _
group of users are directly affected.
• Compliance time line is affected
day
I
1 day
3 days
3 days
nesource
estimation, City's
approval, prioritization and
scheduling
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Escalation path: tbd
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[
, Low
I
L
• Small number of users are affected.
• Isolated incident.
• Degraded performance and/or is difficult to use,
• User requests general information, servioe or
consultation,
• Cosmetic enhancements
• Report enhancements
5 days
5 days
2
2·3 weeks Requires resouroe
estimation, City's
approval, prioritization and
scheduling I
4-6 weeks' I Requires resource 'II ... =' ~timatiOn, City's
approval, prioritization and
scheduling
._-L ___ . . . . .
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EXHIBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions ofthis Agreement on a Time and Materials basis,
based on the hourly rate schedule attached as Exhibit C-I.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit "A" ("Services") and reimbursable expenses shall not exceed
$750,000.00 ($250,000.00 per year). CONSULTANT agrees to complete all Services,
including reimbursable expenses, within this amount. In the event CITY authorizes any
Additional Services, the maximum compensation shall not exceed $750,000.00 ($250,000.00
per year). Any work performed or expenses incurred for which payment would result in a
total exceeding the maximum amount of compensation set forth herein shall be at no cost to
the CITY.
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for
which CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto's policy for reimbursement of travel
and meal expenses for City of Palo Alto employees.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges arc reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup information.
Any expense anticipated to be more than $250.00, shall be approvad in advance by the CITY's
project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written authorization
from the CITY. The CONSULTANT, at the CITY's project manager's request, shall submit a
detailed written proposal including a description of the scope of services, schedule, level of
effort, and CONSULTANT's proposed maximum compensation, including reimbursable
expenses, for such services based on the rates set forth in Exhibit C-l. The additional
services scope, schedule and maximum compensation shall be negotiated and agreed to in
writing by the CITY's Project Manager and CONSULTANT prior to commencement of the
services. Payment for additional services is subject to all requirements and restrictions in this
Agreement.
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[SCOPE !
i i
IIS:U/CCS I i1
~--'
____ M
I 2 ,
3
,
I--4
,
r-5 1---'"
6
i COREERP
!
!
i
'"
EXHIBIT "C-l"
HOURLY RATE SCHEDULE
I LABOR CATEGORIES (e.g. Sr. Consultant,
' Lead, Consultant, Clerical, etc.)
i
ONSITE CONSULTING
SAP ISU DM Support and Maintenance
Sr. Consultant -----------,-,
____ M.
SAP ISU BM-BILLING Support and
Maintenance
Sr. Consultant
SAP ISU FICA Support and Maintcmmee
' Sr. Consultant
' SAP CRM & ICWEB Support and
Maintenance
Sr. Consultant
SAP BI Support and Maintenance
Sr. Consultant
SAP UCES Support and Maintenance
Sr. Consultant
ERP-CORE Support and Maintenance
FUNCTIONAL'
SAP
ESSIMSS, FI, HR, SD, MM, PM, WM, PS,
CO,BCS,FA ___ M.
CONSULTANTS
ERP-CORE Support and Maintenance
TECHNICAL
ABAP, ALV, Workftow, Report, Painter,
JAVA, JSP, HTML, Web Service, XML,
, RFC,JCO
BSP Architecture and Development
CONSULTANTS
.... ..---
HOURLY EXTENDED
RATE
135
125
135
125
125
135
HOURLY RATE
(HOURLY RATE
160 ! ... -----_ ....
,
150 ,
""-~ ....
160 ,
125
125 ..... ~ ...
160
"'-"
,
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i
i
I
I
I
i
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'---.. ··1 7 I ERP-CORE Support and Maintenance 100
SAP Basis Is 1 BASIS CONSULTING
! I Sr. Con~uItant 100_ :~ I i
~--~ ..
! I
Assumptions: Hourly Rates and implementation eosts cbange for any otber extra
consulting services.
100
100
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.-
._.
,---.....
EXHIBIT "D"
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (crry), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OFTHECONTRACr OBT Am
AND MAJNT Am INSlJRANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFOIlDED BY COMPANIES WITH AM
BEST'S KEY llATING OF A-:VU, Oil HJGHEIl, LICENSED Oil AUTHORIZED TO TllANSACT INSUIlANCE BUSINESS IN THE
STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY.'S INSURANCE REQUIREMENTS, AS SPECIFIED BELOW:
I-.1INlMUM J.IMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT i EACH
YES
YE:S
YES
YES
YES
I.
WORKER'S COMPENSATION
EMPLOYER'S LIABHJTY
GENERAL IlABILlTY. INCLUDING
PERSONAL INJURY. BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
AUTOMOBIlE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACrICE (WHEN APPLICABLE),
AND NEGLIGENT PERFOR;'l!ANCE
STATUTORY
STATUTORY
BODlL Y INJURY
PROPERTY DAMAGE
BODILY INIURY &.PROPERTY DAMAGE
COMBINED.
BODILY INJURY
EACH PERSON
EACH OCCURRENCE
PROPERTY DAMAGE
BODlL Y INJURY AND PROPERTY
DAMAGE. COMBINED
ALL DAMAGES
OCCURRENCE
$1,000,000
$1,000,000
$1,000,000
$1000000 : , ,
$1,000,000
$1,000,000
$1,000.000
$1,000,000
AGGREGATE
.... _,;;0;;-$1,000,000
$1,000,000
$1,000,000
. .... ~ .... """ $1000 000 :
$1:000;000 :
$1,000,000
$1.000,000
$1,000,000
1 ____ -'$"-1"'00"-'0"-'0""00'-___ --1
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDmONAL INSUIlED: CONTRACTOR, AT ITS SOlI! !:-'OST AND EXPENSE,
SHAH, OBTAIN AND MAlNTAm, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANYRF,SULTANT AGREEMENT,
THE INSURANCE COVERAGE HEREIN DP.s!:-'RIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSlJLTANTS, IF ANY, BUT
ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSlJRANCE. NAMING [
AS ADDITIONAL INSUIlEDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. '
INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A \\fRIHEN THIRTY DAY ADVANCE NOnCE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
E. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CON1RACTOR'S AGREEMENT TO INDEMNIFY CI1Y.
C DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE,
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE APFORDED TO "ADDITIONAL
INSUREDS"
A, PRIMM Y COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERAnONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITIl ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS,
E, CROSS LIABILITY
Professional Services 21
Rev June 2, 2010
S:IASDIPURCH\SOLICITATIONSICURRENT BUYER.cM FOIDERSIKATHYlContra etsICI0I35998·Sierra inrosys, In,\Contrac'
CI0I35998I.doe
TIlE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORFORA TlON AS INSUREDS UNDER THE POLICY SHALL
NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTIlER, BUT THIS
ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE TIlE TOTAL LIABILITY OF
TIlE COMPANY UNDER THIS POLICY,
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FORANY REASON OTHER
THAN THE NON·PAYMENT OF PREMlUM, THE ISSUING COMl'ANY SHALL PROVIDE CITY
AT LEAST A HURTY (30) DAY WRlTTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CAl'lCELLA TlON.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR TIlE NON·PAYMENT
OFPREMlUM, TIlE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRllTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALOALTO,CA 94303
Professional Services 22
Rev June 2. 2010
S :IASDlPURCHISOLlCrrATIONSICURRENT BUYER-CM FOLDERSIKA THY\Contra e!SICI 0 11599li-Sicrra infusys, lnclContract
C101359981.doc
I
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6001 Savoy Dr suite
Houston ~X 77016
i..-A~~ QWmO It(lt03
~ SCHE:OUlEO AUf OS
__ H1RID oWrou
501
C1T~ OF Pl\LOlWI'O
p.O. BOX 10250
p~ ALTO, CA 94303
®2010 -Sierra Infosys Inc
$ 1.000.000
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Professional Services 2 3
Rev June 2, 20 I 0
S;\ASD\PURCH\SOLICITATIONS\CURRENT BUYER ·eM FOLDERSIKA THy\Contru elslC! 0 lJ5998·Sierr. infos~,. In.ICon!rao!
ClOI35998I.doc
EXHIBITE
TRANSITION PLAN
. am enance Planning Setup Transfer . D I' ervlce e Ive
> TMOOW'" ~",m'.OO"~KOOW.dg, ~t~port
-....
, Establish scope • Setup connectivity
and time!ines for remote access
• Identify • Identify and deploy
stakeholders & connectivity and
~ process owners access
• Identify • Authorltation :r Organization • Sierra System
• Define service
levels
• Support process
;==
~ • Transition plan • SAP account
• Support Org • Authorization
;: • Support flow • Network Access
• Sierra system
= QQB'I QQB'I
SAP PMO members SAP PMO members 0 SAP Basis :r ;:: lli!lrqi
Engagement Manager Sierra
Support Service Manager Engagement Manager
Support consultant s
~
• Understand
Business process,
Configuration,
Master data
"' Customization
• Understand and
review change
management
process
• On site training
ticketing system
• Blue prlnl
• Scheduled jobs
• Operation manuals
• Customization
specification
• Interfaces
.~ CUPA
SAP PMO
SAP Core Team
AXON -as needed ~ d Engagement Manager
Suooort Con,ullar
• Reporting req
• Tas~ Order planning
, Prioritization
• Perfonnance
management
• Scheduling
• Cost conlrol
• Performance
• Slatus Report
QQB'I
SAPPMO
SAP Core Team
~ Engagement Manager
Support Service Manager
Professional Services 2 4
Rev June2,:WIQ
S:IASDIPURCH\SOLlClT A TIONSICURRENT BUYER-CM FOLDERSIKA THY\Conka c!sIClO 13599&-Sicrra Infosl"', Ine\Contract
CI0!359981.doc
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: UTILITIES
DATE: JULY 12, 2010 CMR: 296:10
REPORT TYPE: CONSENT
SUBJECT: Approval of Three Contracts with: 1) Navigant Consulting Inc. for
Electric Regulatory and Technical Consulting Services for a Total
Amount Not to Exceed $245,000 for Fiscal Years 2011, 2012 and 2013;
2) Flynn Resources Consulting Inc. for Electric Regulatory and
Technical Consulting Services for a Total Amount Not to Exceed
$230,000 for Fiscal Years 2011, 2012 and 2013; and 3) Navigant
Consulting Inc. for Gas Regulatory and Technical Consulting Services
for II Total Amouut Not to Excecd $325,000 for Fiscal Years 2011, 2012
and 2013
RECOMMENDATION
Staff recommends that City Council:
l. Approve and authorize the Mayor to execute the attached three contracts with N avigant
Consulting Inc. (Navigant) for Electric Technical and Regulatory Consulting Services, Flynn
Resource Consulting Inc. (Flynn RCI) for Electric Technieal and Regulatory Consulting
Services, and Navigant Consulting Inc. (Navigant) for Gas Technical and Regulatory
Consulting Services; and
2. Authorhe the City Manager to extend the eontracts annually for up to two additional years,
subject to Council approval of sufficient funds.
The annual contract amounts by fiscal year and by fund for the eonsulting services are as
follows: '
Consultant/Fund
a) Navigant ConsultinglElectric
b) Flyun RCIlElectric
c) Navigant Consulting/Gas
BACKGROUND
FY 2011
$ 95,000
$ 80,000
$125,000
FY 2012
$ 75,000
$ 75,000
$100,000
FY2013
$ 75,000
$ 75,000
$100,000
Total
$245,000
$230,000
$325,000
For nearly two decades, the City has retained consultants to assist staff with electric and natural
gas regulatory, legislative, and technical projects. The City's current electric regulatory
CMR: 296:10 Page I of4
consultants provided assistance to the City in the area of regulatory and Bay Area transmission
planning proceedings at the California Public Utilities Commission (CPUC), the California
Independent System Operator (CAISO), the California Energy Commission (CEC), and the
Federal Energy Regulatory Commission (PERC). The City's gas consultant provides assistance
in regulatory proceedings at the CPUC and with Pacific Gas and Electric (PG&E) on matters
including any settlement processes. The consultants review pending and approved legislation
and regulatory filings and analyze potential impacts to the City. Often the eonsultants assist staff
by recommending positions and by crafting language to support those positions in informal
communications and formal filings.
DISCUSSION
Electric Consulting Services
The. California electricity markets continue to evolve following implementation of the new
transmission market design in April 2009. During the next three years, electric regulatory
proceedings, which affect the City of Palo Alto and its customers;will continue in several major
areas at both the State and Federal levels. Issues include the ongoing updates and changes to the
California transmission markets; long-term transmission grid planning and investment;
transmission access charge settlement and implementation; transmission grid reliability standards
with increasing regulatory filing requirements for the City as a distribution service provider; and
increasing legislative and regulatory compliance and reporting requirements related to energy
efficiency, demand reduction, renewable energy supply, and environmental initiatives such as
greenhouse gas emissions reductions.
Typically, the electric markets have significant and ongoing activity in terms of changing market
and settlement rules. In 2009, technical support from the City's current electric regulatory
consultant was used to intervene in one proceeding to protect the value of the City's Federal
hydroelectric supplies. This intervention alone yielded savings of roughly $700,000 per year for
Palo Alto.
The City advocates for long-term solutions to improve reliability of electricity supply in the Bay
Area at the State and Federal levels. The City also works closely ,,,ith other municipal utilities
and electric consumer groups in the Bay Area on planning and advocating for additional new
transmission and generation projects.
Consultant assistance is needed to supplement staff resources in conducting technical and
economic studies, and to provide technical support for legal and regulatory interventions.
Anticip,!ted projects over the next three years include evaluation of cost-effective demand
reduction, local distributed cogeneration and renewable energy programs; greenhouse gas
reduction and reporting; analyzing and responding to new transmission market proposals; and
evaluation of transmission and distribution infrastructure alternatives that would improve
reliability.
Gas Consulting Services
Several CPUC proceedings will impact Palo Alto over the next three years. At this time,
settlement discussions are underway in the PG&E Gas Transportation and Storage case. If a
settlement is not reached by late summer, the issues will be resolved by a CPUC judge. The
CMR:296:10 Page 2 of4
outcome of the proceeding willaffect Palo Alto's cost of moving gas from the California border
to the City. In FY 2012, PG&E's Biennial Cost Allocation Proceeding will be of interest to the
City. Other relevant matters may arise at the CPUC or at the FERC. Consultant assistance is
also needed to supplement staff resources in developing programs and projects related to natural
gas energy efficiency and non-fossil natural gas supplies. The City'S interventions in these
matters and the consulting services have resulted in benefits to gas customers including retention
of low-cost gas transmission path rights.
Selection Process
In April 20 lOa Request for Proposal (RFP) was sent to 10 consulting firms known to offer
relevant services. The RFP allowed consultants to respond to one or both of the major sections of
the scope of work: Electric Technical Consulting, Legislative and Regulatory Services and Gas
Technical Consulting, and Legislative and Regulatory Services. The RFP also stated that more
than one consultant firm may be retained to perform tasks outlined in the scope of work. '
Four finns submitted proposals responding to all or parts of the scope of work. Staff reviewed
each firm's qualifications and submittal in response to the RFP relative to the criteria outlined in
the RFP. Major evaluation criteria included experience of the firm and the individuals
performing the tasks, quality of services to be provided, cost, recent dealing with relevant
agencies, and quality and completeness of the proposal.
Navigant was selected as the sole consultant for the gas regulatory and technical consulting.
Navigant and Flynn RCI were selected for the electric regulatory and technical consulting. Work
performed by Flynn RCI and Navigant will be on an as-needed basis. Both agreements have the
same scope of work to provide flexibility in responding to City's needs over the next three years.
However, Flynn RCI's work will often leverage similar work performed by the consultant for the
Bay Area Municipal Transmission group, of which City is a member. Thc Flynn RCI is more
focused on transmission planning and market issues. Navigant projects are anticipated to be
moreJocused on altemative resource analysis and specific engineering analyses.
RESOURCE IMPACT
The total Electric Fund cost by activity and by fiscal year is show below:
Legislative and Regulatory Consulting
Alternative Resource Analysis
TOTAL
FY2011
$125,000
$ 50,000
$175,000
FY2012
$100,000
$ 50,000
5150,000
FY2013
$100,000
$ 50,000
$150,000
The total Gas Fund cost by activity and by fiseal year is show below:
Legislative and Regulatory Consulting
Alternative Resource Analysis
TOTAL
CMR: 296:10
FY2011
$100,000
$ 25,000
$125,000
FY2012
$ 75,000
$ 25,000
$100,000
FY2013
$ 75,000
$ 25,000
$100,000
3-year total
$325,000
$150,000
$475,000
3-year total
$250,000
$ 75,000
$325,000
Page 3 of4
Funds for FY 2011 are included in the Electric and Gas Fund budgets. Funds for subsequent
years will be subject to appropriation of funds in subsequent budgets.
POLICY IMPLICATIONS
This reeommendation sets no new Council policy and is consistent with the Council-approved
Utilities Strdtegie Plan to obtain reliable electric and natural gas supplies and to preserve a
supply cost advantage compared to the market.
ENYIRONMENTAL REVIEW
The provision of these services do not meet the definition of a proje~t, pursuant to Section 21065
of the California Environmental Quality Act, thus no environmental review is required.
ATTACHMENTS
A. Agreement Between The City of Palo Alto and Navigant Consulting, Inc. for Professional
Services - Electric
B. Agreement Between The City of Palo Alto and Flynn Resource Consulting Inc. for
Professional Services -Electric
C. Agreement Between The City of Palo Alto and Navigant Consulting, Inc. for Professional
Services -Gas
PREPARED BY:
REVIEWED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
CMR:296:10
KARLA DAILEY
Senior Resource Planner
\(}.:>
JANE O. RATCHYE pl.-~~ -::s R.
Assistant Director of Utilities, Resource Management
Direetor of Utilities
Page 4 of4
ATTACHMENT A
CITY OF PALO ALTO CONTRACT NO.: Cll137307
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
NAVIGANT CONSULTING, INC.
FOR PROFESSIONAL SERVICES
ELECTRIC REGULATORY CONSULTING
This AGREEMENT is entered into on this 12th day of July, 2010, by and between
the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and
NAVIGANT CONSULTING, INC., a Delaware corporation, located at 3100 Zinfandel Drive,
Suite 600, Rancho Cordova, CA 95670 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreemcnt.
A. CITY intends to provide technical, regulatory and lcgislative support in the energy (gas &
electric) fields ("Project'') and dcsires to engage a consultant to provide support to city staff in
connection with the Project ("Services'').
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide the
Services as more fully described in Exhibit "A", attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this
Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term ofthis Agreement shall be from the date of its full execution through completion of the
services in accordance with the Schedule of Performance attached as Exhibit HB" unless terminated
earlier pursuant to Section 19 of this Agreement.
1
Professional Services
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SECTION 3. SCHEDULE OF PERFORMANCE. Time is ofthe essence in the perfonnance of
Services under this Agreement. CONSULTANT shall complete the Services within the tenn of this
Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part
ofthis Agreement. Any Services for which times for perfonnance are not specified in this Agreement
shall be commenced and completed by CONSULT ANT in a reasonably prompt and timely manner
based upon the circumstances and direction communicated to the CONSULTANT. CITY's
agreement to extend the tenn or the schedule for perfonnance shall not preclude recovery of damages
for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULT ANT for perfonnance ofthe Services described in Exhibit "A", including both payment
for professional services and reimbursable expenses, shall not exceed Ninety Five Thousand Dollars
($95,000) per year. The applicable rates and schedule of payment are set out in Exhibit "C-I",
entitled "HOURLY RATE SCHEDULE," which is attached to and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit "C". CONSULT ANT shall not receive any compensation for Additional Services perfonned
without the prior written authorization of CITY. Additional Services shall mean any work that is
detennined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit "A".
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services perfonned and the applicable charges (including an
identification of personnel who perfonned the services, hours worked, hourly rates, and reimbursable
expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-I "). If applicable,
the invoice shall also describe the percentage of completion of each task. The infonnation in
CONSULTANT's payment requests shall be subject to verification by CITY. CONSULT ANT shall
send all invoices to the City's project manager at the address specified in Section 13 below. TheCity
will generally process and pay invoices within thirty (30) days of receipt.
SECTION 6. OUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
perfonned by CONSULT ANT or under CONSULTANT's supervision. CONSULTANT represents
that it possesses the professional and technical personnel necessary to perfonn the Services required
by this Agreement and that the personnel have sufficient skill and experience to perfonn the Services
assigned to them. CONSULTANT represents that it, its employees and sub consultants, ifpennitted,
have and shall maintain during the tenn of this Agreement all licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required to perfonn the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar
circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itselfinfonned of and
in compliance with all federal, state and local laws, ordinances, regulations, and orders that may
2
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affect in any manner the Project or the performance of the Services or those engaged to perform
Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all
charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and
all ermrs, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives
notice to CONSULT ANT. If CONSULT ANT has prepared plans and specifications or other design
documents to construct the Project, CONSULT ANT shall be obligated to correct any and all errors,
omissions or ambiguities discovered prior to and dUling the course of construction of the Project.
This obligation shall survive termination of the Agreement.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%)
of the CITY's stated construction budget, CONSULTANT shall make recommendations to the CITY
for aliguing the PROJECT design with the budget, incorporate CITY approved recommendations,
and revise the design to meet the Project budget, at no additional cost to CITY.
SECTIONIO. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing
the Services under this Agreement CONSULTANT, and any person employed by or contracted with
CONSULTANT to fumish labor andlor materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are tnsterial considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations
hereunder without thc prior written consent of the city manager. Consent to one assignment will not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
of the city manager will be void.
SECTION 12. SUBCONTRACTING.
CONSULTANT shall not subcontract any portion ofthe work to be perfurmed under this Agreement
without the prior written authorization of the city manager or designee.
CONSULTANT shall be responsible for direeting the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
subconsuItant. CONSULTANT shall change or add subconsultants only with the prior approval of
the city manager or his designee.
Professional Services
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3
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SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Brian Griess as the
Project Director to have supervisory responsibility for the performance, progress, and execution of
the Services to represent CONSULTANT during the day-to-day work on the Project. If
circumstances cause the substitution of the project director, project coordinator, or any other key
personnel for any reason, the appointment of a substitute project director and the assignment of any
key new orreplacement personnel will be subject to the prior written approval of the CITY's project
manager. CONSULTANT, at CITY's request, shall promptly remove personnel who CITY finds do
not perform the Services in an acceptable manner, are uncooperative, or present a threat to the
adequate or timely completion of the Project or a threat to the safety of persons or property.
The City's project managers are Karla Dailey (Gas) and Debbie Lloyd (Electric), Utilities
Department, Resource Management Division, 250 Hamilton Avenue, Palo Alto, CA 94303,
Telephone (650) 329-2523 and (650) 329-2369. The project manager will be CONSULTk'lT's
point of contact with respect to performance, progress and execution of the Services. The CITY may
designate an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees
that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make
any of such materials available to any individual or organization without the prior written approval of
the City Manager or designee. CONSULTk'JT makes no representation of the suitability of the
work product for use in or application to circumstances not contemplated by the scope of work.
Consultant will retain sole and exclusive ownership of all rights, title and interest in its work papers,
proprietary information, processes, methodologies, know-how and software and software and any
patent, copyright, trademark, trade secret and other intellectual property rights, which existed prior
to the delivery of ConSUltants' services.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during
the term of this Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to
matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such
records for at least three (3) years after the expiration or earlier tennination of this Agreement.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect,
indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents
(each an "Indemnified Party") from and agsinst any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or any other loss, including all costs
and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements
("Claims") resulting from, arising out of or in any manner related to performance or nonperformance
by CONSULTANT, its officers, employees, agents or contractors uuderthis Agreement, regardless
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of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnity an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT's services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. Thewaiverbyeitherpartyofanybreachorviolationofanycovenant,
term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not
be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of
any subsequent breach or violation of the same or of any other term, covenant, condition, provision,
ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D".
CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an
additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers
with AM Best's Kcy Rating Guide ratings of A-:vn or higher which arc licensed or authorized to
transact insurance business in the State of California. Any and all contractors of CONSULTANT
retained to perform Services under this Agrcement will obtain and maintain, in full force and effect
during the term of this Agreement, identical insurance coverage, naming CITY as an additional
insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently
with the execution ofthis Agreement. The certificates will be subject to the approval of CITY' s Risk
Manager and will contain an endorsement stating that the insurance is primary coverage and will not
be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification,
CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance
are provided to CITY's Purchasing Manager during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULT ANT's liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTAt"fT will be
obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as
a result of the Services performed under this Agreement, including such damage, injury, or loss
arising after the Agreement is terminated or the term has expired.
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SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The city manager may suspend the performance of the Services, in whole orin
part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice
thereof to CONSULTANT. Upon receipt of such notice, CONSULTAt'IT will immediately
discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its performance of
the Services by giving thirty (30) days prior written noticc thcreofto CITY, but only in the event of a
substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to thc
City Manager immediately any and all copies of studies, sketches, drawings, computations, and other
data, whether or not completed, prepared by CONSULT ANT or its contractors, if any, or given to
CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will
become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULT ANT will be paid
for the Services rendered or materials delivered to CITY in accordance with the scope of services on
or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided,
however, if this Agreement is suspended or terminated on account of a default by CONSULTANT,
CITY will be obligated to compensate CONSULTANT only for that portion of CONSULT ANT's
services which are of direct and immediate benefit to CITY as such determination may be made by
the City Manager acting in the reasonable exercise of hisJher discretion
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to thc Purchasing Manager
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
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SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently has
no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the Services.
21.2. CONSULT ANT further covenants that, in the performance of this Agreement,
it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial interest under this Agreement is an officer
or employee of CITY ; this provision will be interpreted in accordance with the applicable provisions
of the Palo Alto Municipal Code and the Govennnent Code of the State of California.
21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as
that term is dcfined by the Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, honsing status, marital status, familial status,
weight or height of such person. CONSULT ANT acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REQUIREMENTS. CONSULTANT shall comply with the City's Environmentally Preferred
Purchasing policies which are available at the city's Purchasing Department which are incorporated
by reference and may be amended from time to time. CONSULTANT shall comply with waste
reduction, reuse, recycling and disposal requirements of the City's Zero Waste Program. Zero Waste
best practices include first minimizing and reducing waste; second, reusing waste and third, recycling
or composting waste. In particular, Consultant shall comply with the following zero waste
requirements:
• All printed materials provided by Consultant to City generated from a personal
computer and printer including but not limited to, proposals, quotes, invoices,
reports, and public education materials, shall be double-sided and printed on a
minimum of30% 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 of30% or greater post-consumer material and
printed with vegetable based inks.
• Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City's Environmental Purchasing Policy including but not
limited to Extended Producer Respo;nsibility requirements for products and
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packaging. A copy of this policy is on file at the Purchasing Office.
• Reusable/returnable pallets shall be taken back by the Consultant, at no additional
cost to the City, for reuse or recycling. Consultant shall provide documentation from
the facility accepting the pallets to verifY that pallets are not being disposed.
SECTION 24. NON-APPROPRIATION
24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a)
at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year,
or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the
fiscal year and funds for this Agreement are no longer available. This Section 24.8 shall take
precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
24.2. 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 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of the State of California.
25.2. In the event that an action is brought, the parties agree that trial of snch action
will be vested exclusively in the state courts of California in the County of Santa Clara, State of
California.
25.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. Thc prevailing party shall be entitled to recover an amount equal to the fair market value of
legal services provided by attorneys employed by it as well as any attorneys' fees paid to third
parties.
25.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
25.5. The covenants, terms, conditions and provisions of this Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
parties.
25.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full foree and effect.
25.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in any
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duly executed amendment hereto are by such reference incorporated in this Agreement and will b€:
deemed to be a part of this Agreement.
25.8 If, pursuant to this contract with CONSULTANT, City shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) sbout
a California resident ("Personal Information',), CONSULTANT shall maintain reasonable and
appropriate security procedures to protect that Personal Information, and shall infonn City
inunediatelyupon leamingthst there has been a breach in the security of the system or in the security
of the Personal Iitfonnation. CONSULTANT shall not use Personal Information for direct marketing
purposes without City's express written consent.
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed
this Agreement on the date first above writteri.
CITY OF PALO ALTO
City Manager
Name: GRIESS .~~~~~~~---
APPROVED AS TO FORM: Title: MANAGING DIRECTOR
Deputy City Attorney
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "C-l":
EXHIBIT ''D'':
SCOPE OF WORK
SCHEDULE OF PERFORMANCE
COMPENSATION
SCHEDULE OF RATES
INSURANCE REQUIREMENTS
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EXHIBIT "A"
SCOPE OF SERVICES
The scope of work is for one year with a potential second and third year for the Teclmical
Consulting, Legislative and Regulatory Services for the City of Palo Alto, Utilities Department,
Electric Utility. Work shall be performed on an as-needed basis. The consultant may be asked to
perform serviees in one or more of the following areas:
A. Monitor and analyze CAlSO, CPUC, CEC, FERC, PG&E (Grid Planning), regional
transmission planning groups, and other related agencies' activities, and, based on diseussions
with Staff, represent the City'S interests in proceedings.
Consultant will monitor, analyze and, represent the City's interest in the activities of the CAlSO,
CPUC, CEC, FERC, PG&E (Grid Planning) and other agencies as related to CAlSO tariff
amendments, grid management charges, congestion charges, transmission access charges,
neutrality and other charges and protect the City's interests. Consultant will recommend
regulatory strategies for the City and positions in proceedings before the FERC, CEC, CPUC,
CAISO and other agencies as appropriate.
Consultant will monitor the developing California electricity market design and energy markets,
and State and Federal involvement in the electricity industry as they relate to serving electric load
in the San Francisco Greater Bay Area (Bay Area). Consultant will identify the Bay Area specific
risks for the City from locational marginal pricing, local capacity requirements, transmission
constraints, and State imposed measures for deliverability, outage coordination, maintenance
standards and the use of muni-owned transmission lines and local generation.
B. Maintain an ongoing presence at the CAISO to represent the City's interests effectively.
Consultant shall maintain routine and sufficient access to key policymakers and staff at the
CAISO to facilitate, upon City authorization, effective and efficient representation of the City's
viewpoints and concerns on Bay Area transmission and system operation issues.
C. Work with the City to establish regulatory and legislative objectives, goals and priorities.
Consultant will communicate on a regnlar basis with the City staff and develop regulatory and
legislative objectives and strategies for the City.
D. Assist City with analysis, improvement and expansion of transmission, generation, and
reliability issues for the City and in the Bay Area. Consultant will assist the City in identifying,
developing and promoting cost-effective and long-term solutions for reliability and economic
transmission needs, transmission for renewable resources, local generation, and non-wires
solutions. Consultant may assist in efforts to upgrade City's transmission interconnection to the
grid. Consultant may also recommend economic transmission expansion or other alternatives for
the Bay Area.
Consultant will perform power flow, short circuit and feasibility studies for electric transmission,
substation and generation conceptual plans as directed by City staff. Consultant will provide
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technical support to the City in coordination with PG&E, CAISO, the Westem Area Power
Administration, or other agencies as required conceming these plans.
E. Assist City with issues related to public power and municipal utilities. Consultant will assist
the City with municipal utility issues including but not limited to jurisdiction, tax-exempt bonds,
access to low-cost federal power, renewable energy, energy efficiency/demand response,
greenhouse gases and other environmental initiatives, independence in setting rates, local
generation evaluation and implementation, and involvement in Joint Powers Authority for
investment in generation and transmission of electricity.
F. Assist City with issues related to grid reliability standards. Consultant will assist the City with
requirements for registration and compliance with NERC and WECC grid reliability standards.
G. Provide City with other electricity-related services as needed. The rapidly developing
electricity industry scenario in California will require other advisory services from the consultant
as these needs are identified by City staff.
H. Assist City in coordinated efforts with other municipal utilities. Consultant will assist the City
in coordinating efforts with other municipal utilities on issues such as described in 2.A through
2.Gabove.
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EXHIBIT "8"
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the project managers for CONSULTANT and CITY so
long as all work is completed within the term of the Agreement. CONSULTANT shall provide a
detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the
notice to proceed.
Milestones
Task One: DELIVERABLES
Completion
No. of DayslWeeks
FromNTP
TBD
The deliverables will be determined oil a task -by -task basis. Deliverables include written
reports, oral presentations, recommendations and analysis. All reports and written material must
be provided to and approved by Resource Management Division (RM) staff prior to delivery to
outside agencies.
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EXHIBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULT ANT for professional services performed in
accordance with the terms and conditions of this Agreement based on the hourly rate schedule
attached as Exhibit C-l.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit "A" ("Services") and reimbursable expenses shall not exceed $95,000.
CONSULTANT agrees to complete all Services, including reimbursable expenses, within this
amount. In the event CITY authorizes any Additional Services, the maximum compensation
shall not exceed $95,000. Any work performed or expenses incurred for which payment
would result in a total exceeding the maximum amount of compensation set forth herein shall
be at no cost to the CITY.
RE~URSABLEEXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for
which CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Pal 0 Alto's policy for reimbursement of travel
and meal expenses for City of Palo Alto employees.
B. Long distance telephone cellular phone, facsimile transmission and postage charges are
reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate baekup information.
Any expense anticipated to be more than $500 shall be approved in advance by the CITY's
project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written authorization
from the CITY. The CONSULT ANT, at the CITY's project manager's request, shall submit a
detailed written proposal including a description of the scope of services, schedule, level of
effort, and CONSULTANT's proposed maximum compensation, including reimbursable
expenses, for such services based on the rates set forth in Exhibit C-l. The additional
services scope, schedule and maximum compensation shall be negotiated and agreed to in
writing by the CITY's Project Manager and CONSULTANT prior to commencement ofthe
services. Payment for additional services is subject to all requirements and restrietions in this
Agreement.
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N)\VIGANT
CONSULTING
EXHIBIT "C-l"
HOURLY RATE SCHEDULE
Professional and support services, except testimony shall be billed at the following NCr rates:
:
Level Billing Rate
lvfanaging Director $397
Director $354
Associate Director $309
Managing Consultant $255 i
Senior Consultant $222 ,
!
Consultant $169
Admi"Support $136
The above rates shall be adjusted each year, commencing January 1, 2011, to reflect the change
in rates officially established by NO.
Testimony shall be billed at not less than eight (8) hours per day.
Reproduction, printing, communications, computer services, and other miscellaneous support
services shall be billed at rates for such services as determined from time to time and officially
established by NCL
All travel, food, lodging, and miscellaneous expenses, except automobile mileage, associated
with the provision of services hereunder shall be billed at cost plus ten (10) percent
Automobile mileage will be billed at the rate approved by the Internal Revenue Service.
Client shall reimburse NCI for any applicable sales tax imposed on services rendered by NCI to
Client.
14
EXHIBIT liD"
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN
AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES wrrn AM
BEST'S KEY BATING OF A-:VII, OR mGHEll, LICENSED OR AlITHORIZED TO TRANSACT INSIJRA,'1CE BUSINESS IN THE
STATE OF CALIFORNL4..
AWARD IS CONTINGEI\T ON COMPLIANCE W1TH CITY'S c-ISURANCE REOUIREMENTS AS SPECIFIED. BELOW:
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIR3MENT EACE
YES
YES
YES
YES
NO
YES
OCCURRENCE AGGREGATE
WORKER'S COMPENSATION STATUTORY
EMPLOYER'S LIABILITY STATUTORY
BODILY c-IJURY SI,OOO,ooo 81,000.000
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000.000
PROPERTY DAMAGE BLANKET
CONTRACTUAL, A.'ID FIRE LEGAL BODILY INIUR Y &:. PROPERTY DAMAGE $1,000,000 81,000,000
LIABILITY COMBINED.
BODILY INruR Y 51,000,000 $1,000,000 -EACH PERSON 81,000,000 81,000,000 -EACH OCCURRENCE 81,000,000 81,000,000
AUTOMOBILE UABIT1TY, INCLUDING
ALL OWNED, HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000,000
BODILY INJlJRY AND PROPERTY SI,ooO,Ooo SI,OOO,OOO
DAMAGE COMBINED
PROFESSIONAL IlABlLTTY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE ALL DAMAGES $1000000
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INS{;tu:D: CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN AND MAlNTAIN,IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT,
THE INSURAKCE COVERAGE HEREIN DESCRIBED, INSURING NOTONL Y CONTRACTOR AND ITS SUBCONSULTA.'lTS, IF ANY, BUT
ALSO, W1THTHEEXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABIUTY AND PROFESS10NAL~SllRAl\CE, NAMING
AS ADDITIONAL INSLtu:DS CITY, ITS COIlNCIL MEMBERS. OFFICERS, AGENTS, AND EMPLOYEES.
1. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A VlRIITEN 1HIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CON1RAC1UAL LIABILITY ENDORSEtvlENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE MfOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL.
n. CONTACfOR MUST SUBMIT CERTIFICATllS(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
Ill. ENDORSEMENT PROVISIONS, WITII RESPECf TO TIIE INSURA.'!CE AFFORDED TO "ADDITIONAL
INSUREDS"
A. PRlMARY COVERAGE
WITII RESPECT TO CLAlMS ARlSING OUT OF THE OPERATIONS OF TIIE NAMED INSURED, INSURANCE AS
AFFORDED BY 11llS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTIIER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF TIlE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
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1HE NA,\1ING OF MORE TIlAN ONE PERSON, FIRM, OR CORPORATION AS INSL1<EDS UNDER THE POLICY SHALL
NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF 1HE INSURED AGAINST A'IOTHER, BUT THIS
ENDORSEMENT, .""'ill THE NA,\1ING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF
THE COMPANY UNDER THIS POLICY.
C NOTICE OF CANCELLATION
L IF THE POLICY IS CA,'1CELED BEFORE ITS EXPIRATION DATE FOR ANYREASON OTHER
THAN 1HENON·PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY
AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION,
2, IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON·PAYMENT
OF PREMIUM, THE ISSUING COMPA,'1Y SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE 1HE EFFECTIVE DATE OF CA,'1CELLATION,
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITYO)'PALOALTO
P.O. BOX 10250
PALO ALTO, CA 94303
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·ATTACHMENT~
CITY OF PALO ALTO CONTRACT NO.: C11137306
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
FLYNN RESOURCE CONSULTING, INC.
FOR PROFESSIONAL SERVICES
EI,ECTRIC REGULATORY CONSULTING
This AGREEMENT is entered into on this 12th day of July, 2010, by and between
the CITY OF P ALO ALTO, a California chartered municipal corporation ("CITY"), and FLYNN
RESOURCE CONSULTANTS, INC., a California corporation, located at 5440 Edgewood Drive,
Discovery Bay, CA 94505 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to provide technical, regulatory and legislative support in the energy (gas &
electric) fields ("Project") and desires to engage a consultant to provide support to city staff in
connection with the Project ("Services'').
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses andJor certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULT ANT to provide the
Services as more fully described in Exhibit "A", attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this
Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through conrpletion of the
services in accordance with the Schedule of Performance attached as Exhibit "B" unless terminated
earlier pursuant to Section 19 ofthis Agreement.
1 Professional Services
Rev. January 11. 2010
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the perfoTIllance of
Services under this Agreement. CONSULTANT shall complete the Services within the term ofthis
Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part
of this Agrcemcnt. Any Services fur which times fur perfOTIllance are not specified in this Agreement
shall be commenced and completed by CONSULT ANT in a reasonably prompt and timely manner
based upon the circumstances and direction communicated to the CONSULTANT. CITY's
agrcement to extend the term or the schedule forperfoTIllance shall not prccluderecovery of damages
for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT forperfoTIllance of the Services described in Exhibit "A", including both payment
for professional services and reimbursable expenses, shall not exceed Eighty Thousand Dollars
($80,000) per year. The applicable rates and schedule of payment are set out in Exhibit "C-I ",
entitled "HOURLY RATE SCHEDULE," which is attached to and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit "C". CONSULTANT shall not receive any compensation fur Additional Services perfoTIlled
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit "A".
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services perfoTIlled and the applicable charges (including an
identification of personnel who perfoTIlled the services, hours worked, hourlynites, and reimbursable
expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-l").lfapplicable,
the invoice shall also describe the percentage of completion of each task. The infoTIllation in
CONSULTANT's payment requests shall be subject to verification by CITY. CONSULT ANT shall
send all invoices to the City's project manager at the address specified in Section 13 below. The City
will generally process and pay invoices within thirty (30) days of receipt.
SECTION 6. OUALIFICATIONS/STAt'WARD OF CARE. All of the Services shall be
perfoTIlled by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents
that it possesses the professional and technical persomlel necessary to perfoTIll the Services required
by this Agreement and that the personnel have sufficient skill and experience to perfuTIll the Services
assigned to them. CONSULT ANT represents that it, its employees and subconsultants, if permitted,
have and shall maintain during the teTIll of this Agreement all licenses, peTIllits, qualifications,
insurance and approvals of whatever nature that are legally required to perfoTIll the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail anlOng professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout Califurnia under the same or sirnilar
circumstances.
SECTION 7. COMPUANCE WITH LAWS. CONSULT ANT shall kcep itselfinfoTIlled of and
in compliance with all federal, state and local laws, ordinances, regulations, and orders that may
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affect in any manner the Project or the performance of the Services or those engaged to perform
Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all
charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and
all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives
notice to CONSULT ANT. If CONSULTANT has prepared plans and specifications or other design
documents to constroct the Project, CONSULTANT shall be obligated to correct any and all errors,
omissions or ambiguities discovered prior to and during the course of construction of the Project.
This obligation shall survive termination of the Agreement.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
proj ect, CONSULT ANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%)
of the CITY's stated constroction budget, CONSULTANT shall make recommendations to the CITY
for aligning the PROJECT design with the budget, incorporate CITY approved recommendations,
and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR It is understood and agreed that in performing
the Services under this Agreement CONSULT ANT, and any person employed by or contraeted with
CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations
hereunder without the prior written consent of the city manager. Consent to one assignment will not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
of the city manager will be void.
SECTION 12. SUBCONTRACTING.
CONSULT ANT shall not subcontract any portion ofthe work to be performed under this Agreement
without the prior written authorization of the city manager or designee.
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of
the city manager or his designee.
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SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Doug Boccignone
as the Project Director to have supervisory responsibility for .the performance, progress, and
execution ofthe Services to represent CONSULT ANT during the day-to-daywork on the Project. If
circumstances cause the substitution of the project director, project coordinator, or any other key
persounel for any reason, the appointment of a substitute projeet director and the assignment of any
keynew or replacement persounel will be subjectto the prior written approval ofthe CTIY's project
manager. CONSULTANT, at CITY's request, shall promptly remove persounel who CTIY finds do
not perform the Services in an acceptable mauner, are uncooperative, or present a threat to the
adequate or timely completion of the Project or a threat to the safety of persons or property.
The City's project managers are Karla Dailey (Gas) and Debbie Lloyd (Electric), Utilities
Department, Resource Management Division, 250 Hamilton Avenue, Palo Alto, CA 94303,
Telephone (650) 329-2523 and (650) 329-2369. The project manager will be CONSULTANT's
point of contact with respect to performance, progress and execution of the Services. Thc CTIY may
designate an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plana, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall bc and remain the
exclusive property of CITY without restrictiun or limitation upon their use. CONSULTANT agrees
that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
property rights in favor of the CTIY. Neither CONSULTANT nor its contractors, if any, shall make
any of such materials available to any individual or organization without the prior written approval of
the City Manager or designee. CONSULTANT makes no representation of the suitability of the
work product for use in or application to circumstances not contemplated by the scope of work.
SECTION 15. AUDITS. CONSULT ANT will permit CTIY to audit, at any reasonable time during
the term of this Agreement and for three (3) years thereafter, CONSULTANT's reeords pertaining to
matters covered by this Agreement. CONSULTANT ftJrther agrees to maintain and retain such
records for at least three (3) years after the expiration or earlier termination of this Agreement.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect,
indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents
(each an "Indemnified Party") from and against any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or any other loss, including all costs
and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements
("Claims") resulting from, arising out of or in any mauner related to performance or nonperformance
by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless
of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Sectiun 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active
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negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSUL TAl 'IT's services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant,
term, condition or provision of this Agreement, or of the provisions of any ordinance or law, wiII not
be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of
any subsequent breach or violation of the same or of any other term, covenant, condition, provision,
ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D".
CONSULTAl'lT and its contractors, if any, shall obtain a policy endorsement naming CITY as an
additional insured under any genera1liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers
with AM Best's Kev Rating Guide ratings of A-:VII or higher which are licensed or authorized to
transact insurance business in the State ofCalifomia. Any and all contractors of CONSULTANT
retained to perform Services under this Agreement will obtain and maintain, in full force and effect
during the term of this Agreement, identical insurance coverage, naming CITY as an additional
insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently
with the execution of this Agreement. The certificates will be subject to the approval of CITY's Risk
Manager and will contain an endorsement stating that the insurance is pcimarycoverage and will not
be canceled, or materially reduced in coverage or limits, by the insurer except after filing "'lith the
Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification,
CONSULT Al'IT shall be responsible for ensuring that current certificates evidencing the insurance
are provided to CITY's Purchasing Manager during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULT ANT's liability hereundernor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of iasurance, CONSULTANT will be
obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as
a result of the Services performed under this Agreement, including such damage, injury, or loss
arising after the Agreement is terminated or the term has expired.
SECTION 19. TER'\1INATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The city manager may suspend the performance of the Services, in whole or in
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part, or tenninate this Agreement, with or without cause, by giving ten (10) days prior written notice
thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will innnediately
discontinue its performance of the Services.
19.2. CONSULTANT maytenninatethis Agreement or suspend its performance of
the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager innnediately any and all copies of studies, sketches, drawings, computations, and other
data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to
CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will
become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid
for the Services rendered or materials delivered to CITY in accordance with the scope of services on
or before the effective date (Le., 10 days after giving notice) of suspension or tennination; provided,
however, if this Agreement is suspended or terminated on account of a default by CONSULTANT,
CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's
services which are of direct and innnediate benefit to CITY as such determination may be made by
the City Manager acting in the reasonable exercise ofhislher discretion
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently has
no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would
conflict in any mauner or degree with the performance of the Services.
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21.2. CONSULTANT further covenants that, in the performance ofthis Agreement,
it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any finandal interest under this Agreement is an officer
or employee of CITY; this provision will be interpreted in accordance with the applicableprovisions
of the Palo Alto Municipal Code and the Government Code of the State of California.
21.3. lfthe Project Manager detemlines that CONSULTANT is a "Consultant" as
that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because ofthe race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. CONSULTANT acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REOUIREMENTS. CONSULTANT shall comply with the City's Enviromnentally Preferred
Purchasing policies which are available at the city's Purchasing Department which are incorporated
by reference and may be amended from time to time. CONSULTANT shall comply with waste
reduction, reuse, recycling and disposal requirements of the City's Zero Waste Program. Zero Waste
best practices include first minimizing and reducing waste; second, reusing waste and third, recycling
or compo sting waste. In particular, Consultant shall comply with the following zero waste
requirements:
• All printed materials provided by Consultant to City generated from a personal
computer and printer including but not limited to, proposals, quotes, invoices,
reports, and public education materials, shall be double-sided and printed on a
minimum of 30% or greater post-cousumer content paper, unless otherwise approved
by the City's Project Manager. Any submitted materials printed by a professional
printing company shall be a minimum of30% or greater post-consumer material and
printed with vegetable based inks.
• Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City's Enviromnental Purchaaing 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 Consultant, at no additional
cost to the City, for reuse or recycling. Consultant shall provide documentation from
the facility accepting the pallets to verilY that pallets are not being disposed.
SECTION 24. NON-APPROPRIATION
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24.1. This Agreement is subject to the fiscal provisions of the Chartet of the City of
Palo Alto and the Palo Alto M1.U1icipal Code. This Agreement will terminate without any penalty (a)
at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year,
or (b) at anytime within a fiscal year in the event that funds are only appropriated for a portion ofthe
fiscal year and funds for this Agreement are no longer available. This Section 24.8 shall take
precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
24.2. The individuals executing this Agreement represent and warrant that they have
the legal capacity and authority to do so on behalf ofthcir respective legal entitics.
SECTION 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of the State of California.
25.2. In the event that an action is brought, the parties agree that trial of such action
will be vested exclusively in the state courts of California in the County of Santa Clara, State of
California.
25.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value of
legal services provided by attorneys employed by it as well as any attorneys' fees paid to third
parties.
25.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrnment, which is signed by the parties.
25.5. The covenants, terms, conditions and provisions of this Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
parties.
25.6. If a court of competent jurisdiction finds or rnles that any provision of this
Agreement or any amendment thereto is void or 1.U1enforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
25.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in any
duly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to be a part of this Agreement.
25.8 If, pursuant to this contract with CONSULTANT, City shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5( d) about
a California resident ("Personal Infonnation"), CONSULTANT shall maintain reasonable and
appropriate security procedures to protect that Personal Information, and shall inform City
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immediatelyupon leaming that there has been a breach in the security of the system or.in the security
of the Pet'sOllll.llnfotmation. CONSULTANT shall not use PenlOnd Infon:nationfor direct marketing
PwpOse8 without City's express written consent.
IN WITNESS WHEREOF, the parties hereto have bythf.litduly authorized represenlatives executed
tbis Agreerru:nt on the date first above ..... 'litten.
CITY OF PALO ALTO FLYNN RESOURCE CONSULTANTS,
INC.
City Manager By:_D~4( ~
APP.ROVBP AS TO FORM:
Name: "\)oVL, [It> ft.!. Bo''':~V\OVt.Q.
Title: (k1"t.4. FM.~;A.I 0 ~tlf-
Deputy City Attorney
Attachments:
EXHIl3IT ffA";
EXHIBIT "B":
EXHIBIT "C":
EXlllBlT "C-l":
EXHIDtr ''Il'':
SCOPE OF WOl<J(
SCRBDULE OF PERFORMANCE
COMPENSATION
SCHEDULE OF RATF.s
INSURANCE tmQUIRBMENrS
9
Protesriunal ScrvicCII
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EXHIBIT "A"
SCOPE OF SERVICES
The scope of work is for one year with a potential second and third year for the Technical
Consulting, Legislative and Regulatory Services for the City of Palo Alto, Utilities Department,
Electric Utility. The work shall be performed on an as-requested basis. The consultant may be
asked to perform services in one or more of the following areas:
A. Monitor and analyze CAISO, CPUC, CEC, FERC, PG&E (Grid Planning), regional
transmission planning groups, and other related agencies' activities, and, based on discussions
with Staff, represent the City's interests in proceedings.
Consultant will monitor, analyze and, represent the City's interest in the activities of the CAISO,
CPUC, CEC, FERC, PG&E (Grid Planning) and other agencies as related to CAISO tariff
amendments, grid management charges, congestion charges, transmission access charges,
nentrality and other charges and protect the City's interests. Consultant will recommend
regulatory strategies for the City and positions in proceedings before the FERC, CEC, CPUC,
CAISO and other agencies as appropriate.
Consultant will monitor the developing California electricity market design and energy markets,
and State and Federal involvement in the electricity industry as they relate to serving electric load
in the San Francisco Greater Bay Area (Bay Area). Consultant will identify the Bay Area specific
risks for the City from locational marginal pricing, local capacity requirements, transmission
constraints, and State imposed measures for deliverability, outage coordination, maintenance
standards and the use ofmuni-owned transmission lines and local generation.
B. Maintain an ongoing presence at the CAISO to represent the City's interests effectively.
Consultant shall maintain routine and sufficient aecess to key policymakers and staff at the
CAISO to facilitate, upon City authorization, effective and efficient representation of the City's
viewpoints and concerns on B~y Area transmission and system operation issues.
C. Work with the City to establish regulatory and legislative objectives, goals and priorities.
Consultant will communicate on a regular basis with the City staff and develop regulatory and
legislative objectives and strategies for the City.
D. Assist City with analysis, improvement and expansion of transmission, generation, and
reliability issues for the City and in the Bay Area. Consultant will assist the City in identifying,
developing and promoting cost-effective and long-term solutions for reliability and economic
transmission needs, transmission for renewable resources, local generation, and non-wires
solutions. Consultant may assist in efforts to upgrade City's transmission interconnection to the
grid. Consultant may also recommend economic transmission expansion or other alternatives for
the Bay Area.
Consultant will perform power flow, short circuit and feasibility studies for electric transmission,
substation and generation conceptual plans as directed by City staff. Consultant will provide
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technical support to the City in coordination with PG&E, CAlSO, the Westem Area Power
Administration, or other agencies as required concerning these plans.
E. Assist City with issues related to public power and municipal utilities. Consultant will assist
the City with municipal utility issues including but not limited to jurisdiction, tax-exempt bonds,
access to low-cost federal power, renewable energy, energy efficiency/demand responsc,
greenhouse gases and othcr environmental initiatives, independence in setting rates, local
generation evaluation and implementation, and involvement in Joint Powers Authority for
invesunent in generation and transmission of electricity.
F. Assist City with issues related to grid reliability standards. Consultant will assist the City with
requirements for registration and compliance with NERC and WECC grid reliability standards.
G. Provide City with other electricity-related services as needed. The rapidly developing
electricity industry scenario in California will require other advisory services from the consultant
as these needs are identified by City staff.
H. Assist City in coordinated efforts with other municipal utilities. Consultant will assist the City
in coordinating efforts with other municipal utilities, including the Bay Area Municipal
Transmission Group (BAMx), on issues such as described in 2.A through 2.G above.
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EXHIBIT "B"
SCHEDULE OF PERFORMANCE
CONSULT ANT shall perform the Services so as to complete each milestone within the number
of days/weeks specified below. The time to complete each milestone maybe increased or
decreased by mutual written agreement of the project managers for CONSULTANT and CITY so
long as all work is completed within the term of the Agreement. CONSULTANT shall provide a
detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the
notice to proceed.
Milestones
Task One: DEUVERABLES
Completion
No. ofDayslWeeks
FromNTP
TBD
The deliverables will be determined on a task -by -task basis. Deliverables include written
reports, oral presentations, recommendations and analysis. All reports and written material must
be provided to and approved by Resource Management Division (RM) staff prior to delivery to
outside agencies.
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EXHIBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULT ANT for professional services perfonned in
accordance with the terms and conditions of this Agreement based on the hourly rate schedule
attached as Exhibit C-I.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit "A" ("Services") and reimbursable expenses shall not exceed $80,000.
CONSULTANT agrees to complete all Services, inc1udingreimbursable expenses, within this
amount. In the event CITY authorizes any Additional Services, the maximum compensation
shall not exceed $80,000. Any work perfonned or expenses incurred for which payment
would result in a total exceeding the maximum amount of compensation set forth herein shall
be at no cost to the CITY.
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for
which CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subjectto the City of Palo Alto's policy for reimbursement of travel
and meal expenses for City of Palo Alto employees.
B. Long distance telephone cellular phone, facsimile tranamission and postage charges are
reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup infonnation.
Any expense anticipated to be more than $500 shall be approved in advance by the CITY's
project manager.
ADDITIONAL SERVICES
The CONSULT ANT shall provide additional services only by advanced, written authorization
from the CITY. The CONSULT ANT, at the CITY's project manager's request, shall submit a
detailed written proposal including a description of the scope of services, schedule, level of
effort, and CONSULTANT's proposed maximum compensation, including reimbursable
expenses, for such services based on the rates set forth in Exhibit C-I. The additional
services scope, schedule and maximum compensation shall be negotiated and agreed to in
writing by the CITY's Project Manager and CONSULTANT prior to commencement of the
services. Payment for additional services is subject to all requirements and restrictions in this
Agreement.
13 Professional Services
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\\Cc-lena\<;haredIASDIPURCHlSOIJC1TA TIONS\CtiRRENT BUYER-CM FOllJERSIUTIIJllES . CAROL YNNIIU'P,\1363(ru
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E:X1UBIT "C-l"
BOURLYRATESCHEDULE
RAteli to.. Sel"lliNs -21HO
FJ)'Dn Resource Consultants Im:. hourly rates f(lt promssionallleooces are listed below:
Principal
Senior Cor.unlltant
Consultam .
AssociaIliI ConsUltant
Atmlyst
$240-285 pef hour
$190-240 per hour
$160-190 pel' bour
$130-1.60 per hour
:5 SO-l30per hour
Reproducdon. printing, communications, computer services, and other miscellaneous support
servict!$ ,hall be bIDed 'at 5"A. (liYli peroe.Ql;) of tho lQbor goats for tb!:: billing period. Thi.s
II.ddm(mlll "non-labor'" cost will be included for each biUlng perrod.
Ail travel, food, and misgelhmeoua ~en!IeB, eKcept lIutomobile .milease, associated with the
pr<JVision ofservices hereunder shall be billed at cost. Automobile mileage will be bilkd at the
rem approvi:dby the Internal Reve:nu.e Service. .
F(>( atl)' .Ill.Onih in whidl specillJl:ted modeling software is used to pertbnn lIClrVices umler thi$
~ the fuJlowlng clnu:ges shall apply;
. Power flow modeling -$22S/month
Short cln:nd.t modeling -$700/montb
Market I!1Olleling -$3,SOOIrnonth
Specialized software ~ that exceed the above amounts mIly be biUed with the prior approval of
the clieJIt ~tive.
This Schedule QfFees shall be reviewed annually.
Flyon Iter }'rI:Jpostll
May 14,2010
CIty of l'l110 AIM: RFP No. 136366
!=LYNN R:!9!
,f:\ " ; ~ \
'.,y", I,.)~'t(~'l( i' IIl'''!'''f~
EXHIBIT "D"
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN
AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITHAM
BEST'S KEY RATING OF A-:VII, OR HIGIlER, LICENSED OR AUfHORIZED TO TRANSACT INSURANCE BUSINESS IN THE
STATE OF CALIFORNIA,
AWARD IS CONTINGEh'T ON COMPLIANCE WITH CITY'S INSURANCE REOUIREMENTS AS SPECIFIED BELOW'
MINIMUM ::'IMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT EACH
YES
YES
'YES
YES
NO
YES
OCCURRENCE I JU;GREGATE
WORKER'S COMPENSATIOl\ STATUTORY
EMPLOYER'S LIABILITY STATUTORY
BODILY INJURY $1,000,000 $1,000,000
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL BODILY INltlRY & PROPERTY DML>\GE 81,000,000 $1,000,000
LIABILITY COMBINED,
BODILY INltlRY 81,000,000 $1,000,000
-EACH PERSON $1,000,000 : $1,000,000 -EACH OCCURRENCE $1,000,000 i 51,000,000
AUTOMOBILE LIABILITY,INCLUDING :
ALL OWNED, HlRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000,000
BODILY INltlRY AND PROPERTY $1,000,000 $1,000,000
. DAMAGE COMBNED
PROFESSIONAL LIABIUTY, INCLUDING,
ERRORS AND OMISSIONS,
I
MALPRACTICE (WHEN APPLICABLE),
AN)) NEGLIGENT PERFOR1,!fu'lCE ALL DAMAGES .. Jl,OOO,OOO
TIlE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR. AT ITS SOLE COST AND EXPENSE,
SHALLOBTAINANDMAINTAlN,INFULLFORCEANDEFFECTTHROUGHOIITTHEENTIRETERMOFANYRESULTANTAGREEMENT, •
THEINSURANCECOVERAGEHEREINDESCRlBED,INSURlNGNOTONLYCONTRACTORANDffSSUBCONSULTANTS,IFANY, BUT :
ALSO, wrrn THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURA.'lCE, NAMING I
AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A A PROVISION FOR A WRITIEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY Ei\lDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONfRACTOR'S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AVIOUNTS IN EXCESS OF $~,OOO REQUIRE CITY'S PRIOR APPROVAL,
II, CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
Ill. ENDORSEMENT PROVISIONS, WITII RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL
INSUREDS"
A PRIMARY COVERAGE
WITII RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF TIlE NAMED INSURED, INSURANCE AS
AFFORDED BY TIllS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONJRIBUTlNG WITH ANY OTIlER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF TIlE ADDITIONAL INSUREDS,
B, CROSS LIABILITY
15 Professional Servjces
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THE >lAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORA110N AS INSUREDS UNDER THE POLICY SHALL
>lOT, FOR THAT REASON ALONE, EXTINGillSH ANY RlGHTS OF THE INSl:RED AGAINST ANOTHER, Bl:T THIS
ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF
TIiE COMPANY UNDER TIllS POLICY.
C. NOTICE OF CANCELLATION
I. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTllER
THAN THE NON·PA YMENT OF PREMIUM, THE ISSLDlO COMPANY SHAll PROVIDE CITY
AT LEAST A TliIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPlRATIO>l DATB FOR THENON·PAYMENT
OF PREMIUM, THE ISSLlNG COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE mE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAII~ED TO:
l'URCHASlNG AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P,O. BOX 10250
PALOALTO,CA 94303
16 Professional Services
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ATTACHMENT C
CITY OF PALO ALTO CONTRACT NO.: Cl1136366
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
NA VIGANT CONSULTING, INC.
FOR PROFESSIONAL SERVICES
GAS REGULATORY CONSULTING
This AGREEMENT is entered into on this 12th day of July, 2010, by and between
the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and
NAVIGANT CONSULTING, INC., a Delaware corporation, located at 3100 Zinfandel Drive,
Suite 600, Rancho Cordova, CA 95670 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to provide technical, regulatory and legislative support in the energy (gas &
electric) fields ("Project") and desires to engage a consultant to provide support to city staff in
connection with the Project ("Services").
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide the
Services as more fully described in Exhibit "A", attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this
Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through completion of the
services in accordancc with the Schedule of Performance attached as Exhibit "B" unless terminated
earlier pursuant to Section 19 of this Agreement.
Professional Services
Rev. January 11, 2010
SECTION 3. SCHEDUI"E OF PERFORMANCE. Time is of the essence in thc performance of
Services under this Agreement. CONSULTANT shall complete the Services within the term of this
Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part
of this Agreement. Any Services for which times forperformance are not specified in this Agreement
shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner
based upon the circumstances and direction communicated to the CONSULT~'IT. CITY's
agreement to extend the term or the schedule for performance shall not preclude recovery of damages
for delay if the extension is required due to the fault of CONSULTAc"fT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULT ANT for performance of the Services described in Exhibit "A", including both payment
for professional services and reimbursable expenses, shall not exceed One Hundred Twenty Five
Thousand Dollars ($125,000) per year. The applicable rates and schedule of payment are set out in
Exhibit "C-l ", entitled "HOURLY RATE SCHEDULE," which is attached to and made a part ofthis
Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit "A".
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and reimbursable
expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-l ").If applicable,
the invoice shall also describe the percentage of completion of each task. The information in
CONSULT Ac"fT' s payment requestS shall be subject to verification by CITY. CONSULTANT shall
send all invoices to the City's project manager at the address specified in Section 13 below. Thc City
will generally process and pay invoices within thirty (30) days of receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULT Al\TT' s supervision. CONSULTANT represents
that it possesses the professional and teehnical personnel necessary to perform the Services required
by this Agreement and that the personnel have sufficient skill and experience to perform the Services
assigned to them. CONSULT ANT represents that it, its employees and sub consultants, ifpennitted,
have and shall maintain during the term of this Agreement all licenses, pennits, qualifications,
insurance and approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULT ANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar
circumstances.
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SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and
in compliance with all federal, state and local laws, ordinances, regulations, and orders that may
affect in any matmer the Project or the performance of the Services or those engaged to perform
Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all
charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and
all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives
notice to CONSULT At'lT. If CONSUL TANT has prepared plans and specifications or other design
documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors,
omissions or ambiguities discovered prior to and during the course of construction of the Project.
This obligation shall survive termination of the Agreement.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal cxceeds ten percenl(lO%)
of the CITY's stated construction budget, CONSULTANT shall make recommendations to the CITY
for aligning the PROJECT design with the budget, incorporate CITY approved recommendations,
and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing
the Services under this Agreement CONSULTANT, and any person employed by or contracted with
CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the performance of any of CONSULT ANT's obligations
hereunder without the prior written consent of the city manager. Consent to one assignment will not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
of the city manager will be void.
SECTION 12. SUBCONTRACTING.
CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement
without the prior written authorization ofthe city manager or designee.
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility .whatsoever concerning
compensation. CONSULTAt'lT shall be fully responsible to CITY for all acts and omissions of a
subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of
the city manager or his designee.
Professional Services
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3
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SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Gordon Pickering
as the Project Director to have supervisory responsibility for the performance, progress, and
execution ofthe Services to represent CONSULTANT during the day-to-day work on the Project. If
circumstances cause the substitution of the project director, project coordinator, or any other key
personnel for any reason, the appointment of a substitute project director and the assignment of any
key new orreplacement personnel will be subject to the prior written approval of the CITY's project
manager. CONSULTANT, at CITY's request, shall promptly remove personnel who CITY fmds do
not perform the Services in an acceptable manner, are uncooperative, or present a threat to the
adequate or timely completion of the Project or a threat to the safety of persons or property.
The City's project managers are Karla Dailey (Gas) and Debbie Lloyd (Electric), Utilities
Department, Resource Management Division, 250 Hamilton Avenue, Palo Alto, CA 94303,
Telephone (650) 329-2523 and (650) 329-2369. The project manager will be CONSULTANT's
point of contact with respect to performance, progress and execution of the Services. The CITY may
designate an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULT ANT agrees
that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
property rights in favor of the CITY. Neither CONSULTANT norits contractors, ifany, shall make
any of such materials available to any individual or organization without the prior written approval of
the City Manager or designee. CONSULTANT makes no representation of the suitability of the
work product for use in or application to circumstances not contemplated by the scope of work.
Consultant will retain sole and exclusive ownership of all rights, title and interest in its work papers,
proprietary information, proecsses, methodologies, know-how and software and software and any
patent, copyright, trademark, trade secret and other intellectual property rights, which existed prior
to the delivery of Consultants' services,
SECTION 15. AUDITS. CONSULT ANT will permit CITY to audit, at anyreasonablc time during
the term of this Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to
matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such
records for at least three (3) years after the expiration or earlier termination of this Agreement.
SECTION 16. INDEMNITY.
16,1. To the fullest extent permitted by law, CONSULTANT sha11 protect,
indemnifY, defend and hold harmles15 CITY, its Council members, officers, employees and agents
(each an "Indemnified Party") from and against any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or any other loss, including all costs
and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements
("Claims") resulting from, arising out of or in any manner rclated to performance or nonperformance
by CONSULTANT, its officers, employecs, agents or contractors under this Agreement, regardless
4
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of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnifY an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indenmified Party.
16.3. The acceptance of CONSULTANT's services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION!'. WAIVERS. Thewaiverbyeitherpartyofanybreachorviolationofanycovenant,
term, condition or provision of this Agreement, or ofthe provisions of any ordinance or law, will not
be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of
any subsequent breach or violation of the same or of any other term, covenant, condition, provision,
ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULT ANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term of this Agreement, the insurance coverage described in Exlubit "D".
CONSULT ANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an
additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers
with AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to
transact insurance business in the State of California. Any and all contractors of CONSULTANT
retained to perform Services under this Agreement will obtain and maintain, in full force and effect
during the term of this Agreement, identical insurance coverage, naming CITY as an additional
insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently
with the execution ofthis Agreement. The certificates will be subj ect to the approval of CITY' s Risk
Manager and will contain an endorsement stating that the insurance is primary coverage and will not
be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification,
CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance
are provided to CITY's Purchasing Manager during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to lirnit CONSULTANT's liability hereundernor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be
obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as
a result of the Services performed under this Agreement, including such damage, injury, or loss
arising after the Agreement is terminated or the term has expired.
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SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The city manager may suspend the performance of the Services, in whole OT in
part, or terminate this Agreement, with oTwithout cause, by giving ten (10) days prior written notice
thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance of the Services.
19 .2. CONSULTANT may terminate this Agreement or suspend its performance of
the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a
substantial fuilure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and other
data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to
CONSULTANT or its contractors, ifany, in connection with this Agreement. Such materials will
become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid
for the Scrvices rendered or materials delivered to CITY in accordance with the scope of services on
or before the effective datc (i.e., 10 days after giving notice) of suspension or termination; provided,
however, if this Agreement is suspended or terminated on account of a defuult by CONSULTANT,
CITY will be obligated to compensate CONSULT ANT only for that portion of CONSULTANT's
services which are of direct and immediate benefit to CITY as such determination may be made by
the City Manager acting in the reasonable exercise ofhislher discretion
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights nnderthis Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention ofthe project director
at the address of CONSULTANT recited above
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SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently has
no interest, and will not acquire any interest, direct or indirect, fmancial or otherwise, which would
conflict in any manner or degree with the performanee of the Services.
21.2. CONSULTANT further covenants that, in theperformance of this Agreement,
it will not employ subconsultsnts, contractors or persons having sueh an interest. CONSULTANT
certifies that no person who has or will have any fmancial interest under this Agreement is an officer
or employee of CITY; this provision will be interpreted in accordance with the applicable provisions
of the Palo Alto Municipal Code and the Government Code of the State of California.
21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as
that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Politieal Reform Aet.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. CONSULTANT acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
SECTION23. ENVIRONMENTALINPREFERRED PURCHASING AND ZERO WASTE
REQUIREMENTS. CONSULTANT shall comply with the City's Environmentally Preferred
Purchasing policies which are available at the city's Purchasing Department which are incorporated
by reference and may be amended from time to time. CONSULTANT shall comply with waste
reduction, reuse, recycling and disposal requirements of the City's Zero Waste Program. Zero Waste
best practices include first minimizing and reducing waste; second, reusing waste and third, recycling
or compo sting waste. In particular, Consultant shall comply with the following zero waste
requirements:
• All printed materials provided by Consultant to City generated from a personal
computer and printer including but not limited to, proposals, quotes, invoices,
reports, and public education materials, shall be double-sided and printed on a
minimum of30% 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 of30% or greater post-consumer material and
printed with vegetable based inks.
• Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City's Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
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packaging. A copy of this policy is on file at the Purchasing Office.
• Reusable/returnable pallets shall be taken back by the Consultant, at no additional
cost to the City, for reuse or recycling. Consultant shall provide documentation from
the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. NON-APPROPRIATION
24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a)
at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year,
or (b) at anytime within a fiscal year in the event that funds are only appropriated for a portion of the
fiscal year and funds for this Agreement are no longer available. This Section 24.8 shall take
precedence in the event of a conflict with any other covenant, tenn, condition, or provision of this
Agreement.
24.2. 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 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be govemed by the laws of the State of California.
25.2. In the event that an action is brought, the parties agree that trial of such action
will be vested exclusively in the state courts of California in the County of Santa Clara, State of
California.
25.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair markct value of
legal services provided by attorneys employed by it as well as any attorneys' fees paid to third
parties.
25.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
25.5. The covenants, terms, conditions and provisions ofthis Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
parties.
25.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
25.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in any
8
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duly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to be a part of this Agreement.
25.8 ~ pursuant to this contract with CONSULTANT, .. City shares with
CONSULTANT personal infonnation as defined in California Civil Codeseotion 1798.81.5(d} about
a Califomia resident (''Personal Information"), CONSULTANT shall maintain reasonabJe and
appropriate security procedw.:es to protect that Personal Information, and shall inform City
immediately upon learning that therehas been a breach in the secority of the sysremor in the security
of the Personallnfonnation. CONSULTANT shall not use Personallnformation for direct marketing
purposes without City's express written consent.
INWlTNESS WHEREOF, the parties hereto have by their duly authorized representatives executed
this Agreement on the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM: Title: MANAGING DIREC'l10R
Deputy City Attorney
Attachments:
EXHlBIT "A":
EXHIBIT "B":
EXHlBIT "C":
EXHlBIT "C-l":
EXHlBIT "D":
SCOPE OF WORK
SCHEDULE OF·PERFORMANCE
COMPENSATION
SCHEDULE,OFRATES
INSURANCE REQUIREMENTS
9
I'rof • .,I1"".1 s"",;"" •
. Rov. J.num:y 11.2010
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EXIllBIT "A"
SCOPE OF SERVICES
The scope of work is for one year with a potential second and third year for the Technical
Consulting, Legislative and Regulatory Services for the City of Palo Alto, Utilities Department,
Gas Utility. Work shall be performed on an as-requested basis. The consultant may be asked to
perform services in one or more of the following areas:
A. Monitor and analyze CPUC and FERC proceedings and represent the City'S interests.
Consultant shall monitor and analyze orders, decisions, and filings by and before the CPUC and
the FERC for impact on the City. Consultant shall recommend courses of action to represent the
City's interests in such proceedings, including presentation oftestimony. Specifically,
Consultant shall provide this support for the potential PG&E Gas Transmission and Storage
(GT&S) CPUC proceeding, PG&E's BCAP and PG&E's General Rate Case.
B. Maintain an on-going presence at the CPUC and PG&E to represent the City's interests
effectively. Consultant shall maintain routine and sufficient access to key policymakers and staff
at the CPUC to facilitate, upon City authorization, effective and efficient representation of the
City's viewpoints and concerns on gas regulatory issues. Consultant will also maintain routine
contact with key staff at PG&E.
C. Work with City to establish regulatory and legislative objectives, goals and priorities.
Consultant will communicate on a regular basis with City staff and develop regulatory and
legislative objectives and strategies for the City. Consultant shall perform work requested by the
City to support attaining its gas acquisition, gas storage and transportation objectives.
D. Assist City in any negotiation with PG&E Settlement processes. Consultant shall assist City
staff in negotiating with PG&E through any relevant settlement processes. lmmediately,
assisting City staff in the current Gas Transmission and Storage Settlement.
E. Assist City with issues related to publicly-owned natural gas utilities. Consultant will assist
the City with publicly-owned gas utility issues including but not limited to jurisdiction, tax-
exempt bonds, energy efficiency, greenhouse gases and other environmental initiatives,
independence in setting rates, and involvement in Joint Powers Authority for investment in
natural gas supplies and facilities.
F. Provide Regulatory Updates. At City staffs request, Consultant will provide written updates
on all regulatory matters potentially impacting Palo Alto.
G: Provide the City with miscellaneous natural gas procurement and transportation related
consulting services. Consultant shall perform other natural gas related work as requested by City
staff.
to
Professional Services
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EXHIBIT "B"
SCHEDULE OF PERFORl'fANCE
CONSULTANT shall perfonn the Services so as to complete each milestone witlrin the number
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the project managers for CONSULT ANT and CITY so
long as all work is completed witlrin the teml of the Agreement. CONSULT ANT shall provide a
detailed schedule of work consistent with the schedule below witlrin 2 weeks of receipt of the
notice to proceed.
Milestones
Task One: DELlVERABLES
Completion
No.ofDaysfWeeks
FromNTP
TBD
The deliverables will be detennined on a task -by -task basis. Deliverables include written
reports, oral presentations, recommendations and analysis. All reports and written material must
be provided to and approved by Resource Management Division (RM) staff prior to delivery to
outside agencies.
!1
Profes.<;lonal Services
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EXHIBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement based on the hourly rate schedule
attached as Exhibit C-l.
The compensation to be paid to CONSULTAi\lT under this Agreement for all services
described in Exhibit "A" ("Services") and reimbursable expenses shall not exceed $125,000.
CONSULT ANT agrees to complete all Services, fncluding reimbursable expenses, within this
amount. In the event CITY authorizes any Additional Services, the maximum compensation
shall not exceed $125,000. Any work performed or expenses incurred for which payment
would result in a total exceeding the maximum amount of compensation set forth herein shall
be at no cost to the CITY.
REIMBURSABLE EXPENSES
The administrative, overhead, seeretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for
which CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, inpluding transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto's policy for reimbursement of travel
arid meal expenses for City of Palo Alto employees.
B. Long distance telephone cellular phone, facsimile transmission and postage charges are
reimbursable at actual cost.
All requests forpaymcnt of expenses shall be accompanied by appropriate backup information.
Any expense anticipated to be more than $500 shall be approved in advance by the CITY's
project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written authorization
from the CITY. The CONSL'LT ANT, at the CITY's project manager's request, shall submit a
detailed written proposal including a description of the scope of services, schedule, level of
effort, and CONSL'LTANT's proposed maximum compensation, including reimbursable
expenses, for such services based on the rates set forth in Exhibit C-l. The additional
services scope, schedule and maximum compensation shall be negotiated and agreed to in
writing by the CITY's Project Manager and CONSULTANT prior to commencement of the
services. Payment for additional services is subject to all requirements and restrictions in this
Agreement.
12
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N!\VIGANT
CONSULTING
EXHIBIT "C-l"
HOURLY RATE SCHEDULE
Professional and support services, except testimony shall be billed at the following NCI rates:
Level Billing Rate
Managing Director $397
~tor $354
: Associate Director $309
• Managing Consultant $255
Senior Consultant $222
Consultant $169
i\dmin Su pport $136
The above rates shall be adjusted each year, commencing January 1, 2011, to reflect the change
in rates officially established by NO.
Testimony shall be billed at not less than eight (8) hours per day.
Reproduction, printing. communications, computer services, and other miscellaneous support
services shall be billed at rates for such services as determined from time to time and officially
established by NCl
. All travel, food, lodging, and miscellaneous expenses, except automobile mileage, associated
with the provision of services hereunder shall be billed at cost plus ten (10) percent.
Automobile mileage will be billed at the rate approved by the Internal Revenue Service,
Client shall reimburse NCI for any applicable sales tax imposed on services rendered by NCr to
Client.
13
EXHIBIT "D"
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT TIlElR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN
AND MAINTAIN INSURANCE IN THE AMOUKrS FOR THE COVERAGE SPEClFlEDBELOW, AFFORDED BY COMPANIES WilliAM
BEST'S KEY RATING OF A-:VII, OR HIGHER, LICEI'iSED OR AUTHORIZED TO TRANSACl' INSURANCE BUSINESS IN TIlE
STATE OF CALIFOR;''1IA.
AWARD IS CONTINGENT ON COMPIIA."lCE WlTII CITY'S INSURANCE REQUIREMENTS AS SPECIFlED BELOW'
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT EACH
i OCCURRENCE AGGREGATE
YES WORKER'S COMPENSA'110N : STATUTORY
: STATUTORY ! YES EMPLOYER'S LIABILITY
YES
YES
NO
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLA.'lKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
AUTOMOBILE LIABILITY, INCLUDING
ALL OI'INED, HIRED, NON·OWNED
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMt;GE
COMBINED. .
BODILY INJURY
-EACH PERSON
-EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE COMBINED
$1,000,000 $1,000,000
$1,000,000 $1,000,000
$1,000,000 81,000,000
$1,000,000 $1,000,000
$1,000,000 $1,000,000
$1,000,000 $1,000,000
$1,000,000 81,000,000
$1,000,000 . 81,000,000
... ~~ ...
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE I-------~ ~~~~ ........... i\l.LDAMA="'G"'E"'S'__ _______ _'_~ $1,000,000
YES
I.
THE CITY OF PAI.o ALTO IS TO BE NAMED AS AN ADDITIONAl, INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN AKD MAINTAIN, IN FULL FORCE AND EFFECT THROUGl!OUT THE ENlTRE TERM OF A."lYRESL1LTANT AGREEMENT, :
THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CON'fRt;CTORAl'.U ITS SUBCONSULTANTS, IF ANY, BUT .
ALSO, WI'l1l'fHE EXCEPTION OF WORKERS' COMPE>iSA TlON, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE, NAMING •
AS ADDITIONAL INSUliEDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGE1'lTS, AND EMPLOYUS,
INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRlTIEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY EI-,1)ORSEMENT PROVIDING INSlJRA,'1CE COVERAGE FOR
CONTRACTOR'S AGREE1vlENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
Ill. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL
INStiREDS"
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
14
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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
I. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER
THAN THE NON·PAYMENT OF PREMIUM, THE ISSUING COMPAl'IY SHALL PROVIDE CITY
AT LEAST A THIRTY (30) DAY WRITTHN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
2, IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR 'mENON-PAYMENT
OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (IO)DAY
WRITTHN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE M:A1LED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O, BOX 10250
PALO ALTO, CA 94303
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TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: UTILITIES
DATE: JULY 12, 2010 CMR: 295:10
REPORT TYPE: CONSENT
SUBJECT: Approval of a Memorandum of Understanding with the Santa Clara
Valley Water District to Provide up to $271,785 Per Fiscal Year for a
Total of $815,355 Over Three Fiscal Years for the Continued
Administration of and Funding for Water Conservation Programs
and Rebates for City of .Palo Alto Utilities' Customers
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the City Manager or designee to execute the attached Memorandum of
Understanding (MOU) with the Santa Clara Valley Water District (SCVWD) to provide for
continued administration of and funding for water conservation programs and rebates in fiscal
years 2010-2011 through 2012-2013 at a cost of up to ~271,785 per year for a total of $815,355
over the three year period. 1bese funds have been approved in the Utilities department operating
budget for Fiscal Year 2011.
EXECUTIVE SUMMARY
Due to concern about long-term water supplies and related State requirements for aehieving
ongoing water savings, Council developed a Colleagues' Memo in December 2009 directing the
City Manager to explore ways to reduce potable water use in Palo Alto by 20% in 2020. The
recommended plan to reduce water use wa.., approved by Council on April 19, 2010. This
proposed Memorandum of Understanding (MOU) with the Santa Clara Valley Water Distriet
(SCVWD) will help to achieve the reduction plan by continuing a multi-year water conservation
cost-sharing program for residential and business rebates and programs. The City of Palo Alto
has implemented many water conservation programs during the last two decades, but it still
remains one of the highest per capita water users in the San Francisco Bay Area. The efficiency
programs covered in this MOD will help to adcJress this high per capita water use level by
supplementing the county-wide programs athninistered by SCVWD with additional funds from
the City's water utility.
Audits and rebates will continue .to be delivered by the SCVWD, v\lith the City matching
payments to customers who reduce water usage. For example, while others in the County
receive rebates of $0.75 per square foot for high-water using landscape conversion, Palo Alto
residents and businesses receive a rebate of up to $1.50 per square foot. Palo Alto businesses
-.~.c--:---------------------------,--CMR: 295:10 Page I of5
will also receive an enhanced rebate amount through an incentive program designed to promote
innovation and improvements in facility water use efficiency.
Several of the program areas covered in this MOU address the higher water consumption,
including replacement of toilets, urinals, and high-water using landscape (i.e. turf grass). The
recommended program budget is an increase from the previously approved and amended MOU,
to assist in achieving these higher water consumption reduction goals. The MOU includes a
budget of not to exceed $271,785 per year for up to three years.
DISCUSSION
In December 1991, Council approved a MOU with the California Urban Water Conservation
Council (CUWCC), CMR:550:91, to promote 14 Best Management Practices (BMP) for water
conservation strategies. Staff continues to report on thesc BMPs every two yeflrs. The last
completed report was in 2008, and an update will be developed at the end of calendar year 2010.
In September 2002, Council approved CMR 359:02, which included the first MOU with
SCVWD to cost-share water conservation programs. As part of the overall water conservation
efforts, the City of Palo Alto Utilities (CP AU) and SCVWD have partnered over the la~i eight
years to promote and cost-share water eonservation programs. On September 6, 2007 (CMR
344:07), the City Council approved an updated cost-share MOU with a maximum cost of
$442,715 over three years to continue to cost-share water conservation programs. These
programs were expanded by an additional $125,000 for the remaining period on April 27, 2009
(CMR 200:09) to allow for greater residential cOllServation programs and more rebates, primarily
in reducing the amount of high-water using landscapes (turf grass or lawn).
After an analysis of historical rebates and incentives, customer participation, and effectiveness of
each program in achieving these goals, a major modification is being made to one program in the
MOU. In order to make the residential clothes washer rebate program simpler for Palo Alto
residents to understand and improve program marketability CPAU now will manage the program
separately from the SCVWD.
Since 2008, SCVWD, and several Bay Area Water and Conservation Agency (BA WSCA)
member water agencies, have jointly marketed efficient clothes washer programs with Pacific
Gas and Electric Company (pG&E) for the energy savings component.
This caused confusion and significant processing delays when Palo Alto residents were required
to send their rebate applications for both water and energy to PG&E. With this administrative
change, Palo Alto residents will receive a single rebate for both the water and energy savings for
efficient clothes washers through the CPAU SMART Energy program. The SCVWD/PG&E
partnership will continue to 'offer clothes washer rebates to Palo Alto residents until the program
transition to CP AU is completed this fall.
CMR: 295:10 Page 2 of5
The programs, their targets, and their budgets in the proposed MOU are detailed below:
Proposed Palo Alto Annual Total Program Estimated
Program Program NumberPer Cost Palo Alto Cost for Palo Annual
Designation Description Year In Palo Per ,+teasure Program Alto (for 3 Savings per
Alto Cost years) Measure
SS~-Audit $21,500 $64,500 for Pre 1980: audits; $11,340
Water-Wise for admin.
Program I Hou.eCall 430 per Fiscal 12 CCF/home Year Program $315 -Monthly TOTAL =
Administration $3,780 $75,B40 Post 1980:
4CCF/home
Full Survey: $532
Landseape 15 per Fiscal Standard: $355 TOTAL = Program 2 Survey $7,980 800 CCFI acre
Program Year Follow Up: $370 $23,940
WBiC Survey Per
Controller: $170
Landscape Up to $150: ET
Rebate Residential:
Program: 1-12 stations . 0.348 AFIYear
TOTAL = ET Small
Weather 25 perFY Up to $350: $5,000 $15,000 Com: 1.75
Based 13-24 stations AFlYear
Irrigation Up to $500: ETLarge
Controllers : Com: 3.98 25 + stations I AFIY~
Landscape 50 Residential Up to $1,000 per Rebate Sites per FY residential site Estimated 30%
Program 3 Program: TOTAL = water
$115,000 $345,000 reduction
Water during peak
Efficient 7 Conunercial Up to $10,000 per irrigation
Landscape Sites per FY conunerciaJ site months
Conversion !. ,
Landscape 10 Residential Estimated 30% Rebate Sites per Fiscal 50% of total water Program, Year rebate-up to $500 TOTAL = reduction
Irrigation per residential site $7,375 $22,125 doringpeak
System 3 Conunercial and $2,000 per irrigation
I
Hardware Sites per Fiscal commereial site months
Rebates Year
C::C-~~----------------------........ -
CMR: 295:10 Page 3 of5
!
Residential
Single Family
& Multi-
Program 4 Family
Efficiency
Toilet Rebate
Program
Commercial
& Multi-
Family High-
Program 5 Efficiency
Toilet
Installation
Program
Commercial
Clothes
Program 6 Washer
Rebate
Program
Large
Program 7 Commercial
Indoor Water
Surveys
Water
Efficient
Program 8 Technology
(WET)
Program
Com, Rebate
Program
Program 9 (high-
efficiency
urinal rebates
only)
200 per Fiscal $75 $15,000 Year
150 per Fiscal $150 $22,500 Year
12 per Fiscal $200 $2,400 Year
•
15 per Fiscal $1,000 $15,000 Year
10 perFY 50% of total rebate $50,000
25 per Fiscal Up to $250 per $6,250 Year urinal
CPAUPerFY· $271,785
CP AU Total Cost for 3 years 8815,355
!
I
!
HETSF:
TOTAL = 11 CCF I toilet
$45,000
HETMF:
21 CCFltoilet
TOTAL = 22 CCF !toilet $67,500
!
43 CCFI TOTAL =
$7,200 washer
TOTAL = 1,402 CCFI
$45,000 site
:
Total = 1,250 CCFI
$150,000 I site
Total = 33 CCF I urinal $18,750
These are goals only, funding for these programs is interchangeable and useable by any ofthese programs as needed and
agreed upon by the SCVWD and CPAU.
In delivering these programs, implementation and many administrative functions for these
programs (e.g. provide scheduling, budget tracking and invoicing, contractor oversight, customer
servioe, and project reporting associated with program implementation) is handled by SCVWD
staff in San Jose. Customer support, marketing, and water saving reporting activities are
completed by CPAU Marketing Services staff.
CMR: 295:10 Page 4 of5
I
I
City Council approved a plan to reduce water consumption by 20% by 2020 (CMR 212:10).
One of the methods to achieve this plan was a recommendation to continue to pursue and
emphasize customer conservation and efficiency rebatcs and incentives. This MOU will assist in
achieving the recommendation.
RESOURCE IMPACT
The Water Enterprise Funds for the programs provided under this Memorandum of
Understanding (MOU) with the Santa Clara Valley Water District (SCVWD) are included in the
FY 2011 Utilities Operating Budget.
Additional funds as necessary will be included in the budget requests for FY 2012 and 2013.
POLlCY IMPLlCA TIONS
This recommendation is consistent with the Council approved Utilities Strategic Plan Key
Strategy 6: "Provide targeted customer and environmental programs and service" and the
Council Policy to reduce water usage by 20% by 2020 (CMR:212:1 0).
ENVIRONMENTAL REVIEW
The approval of this Memorandum of Understanding is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Public Resources Code Sections 15307 (Actions
by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory
Agencies for Protection of the Environment). The SCVWD is the lead agency with respect to
programs covered by the MOU.
ATTACHMENTS
A: Memorandum of Understanding (MOU)
B: Appendix A to MOU; Cost Sharing Amounts
PREPARED BY: ~'40YCE KINNEAR o Manager, Utility Marketing Services
APPROVED BY:
DEPARTMENT APPROVAL:
CITY MANAGER APPROVAL:
CMR: 295:10
.r;\)TOM AUZENNE ~ Assistant Director of Utilities
VALE_
Direct of Utilities
JA
Cit
,It!
Page 5 of5
ATTACHMENT. A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE SANTA CLARA VALLEY WATER DISTRICT AND THE CITY OF PALO ALTO
FOR RESIDENTIAL AND COMMERCIAL WATER CONSERVATION PROGRAMS
Fiscal Year 2010-2013
This MEMORANDUM OF UNDERSTANDING (MOU) between the Santa Clara Valley Water District (hereinafter
referred to as DISTRICT) and the City of Palo Alto (hereinafter referred to as PALO ALTO) sets forth the respective
roles of the DISTRICT and PALO ALTO in regard to the DISTRICT'S RESIDENTIAL AND COMMERCIAL WATER
CONSERVATION PROGRAMS (hereinafter referred to as PROGRAMS) is made and entered into as of __ _
_____ , 2010.
RECITALS
WHEREAS the PROGRAMS involve providing a variety of strategic residential and commercial water conservation
programs; and
WHEREAS these water conservation PROGRAMS are appropriate Best Management Practices for residential,
commercial, industrial and institutional accounts addressed in the MOU regarding Urban Water Conservation in
California; and
WHEREAS Palo Alto wishes to participate in said PROGRAMS;
NOW, THEREFORE, in consideration of the recitals and mutual obligations of the parties herein expressed,
DISTRICT and PALO ALTO agree as follows:
1. DISTRICT'S RESPONSIBILITIES
a) Administration of PROGRAMS 1 through 9 (see APPENDIX A: Programs, Targets and Budgets).
b) Collection of data to determine usage and water savings. Data will be put together by the DISTRICT and
provided to PALO ALTO,
c) Administration of all PROGRAM funds.
d) Invoicing PALO ALTO on a quarterly basis for each of the PROGRAMS 1 through 9 (aggregate invoice,
broken down by program).
e) Work cooperatively with PALO ALTO in appropriately advertising the PROGRAMS 1 through 9 to targeted
customers.
f) Meet with PALO ALTO staff on a quarterly basis to discuss the various program statuses and outreach
strategies.
g) Verification of qualifying installed program measures.
2. PALO ALTO'S RESPONSIBILITIES
a) Identification and notification of all prospective Palo Alto participants in all PROGRAM offerings.
b) Work cooperatively with DISTRICT in appropriately advertising PROGRAMS to the targeted customers.
c) Provide DISTRICT with electric and water usage records and other data necessary to determine savings and
cost effectiveness of the various PROGRAMS.
d) Pay CO-funding amounts as described in APPENDIX A and Programs 1 through 9.
e) Make payment to DISTRICT within 60 days of receipt of invoice from DISTRICT.
3. CEQA
DISTRICT is responsible for assuring that the PROGRAMS comply with the requirements of the California
Environmental Quality Act (CEQA) and that all necessary documents have been filed.
4. HOLD HARMLESS AND LIABILITY
MOU SCVWD/Palo Alto, Water Conservation Programs, 2010-2013 Pagel
In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between PARTIES
pursuant to Government Code Section 895.6, the PARTIES agree that all losses or liabilities incurred by one of
the PARTIES shall not be shared pro rata, instead, PALO ALTO and DISTRICT agree that, pursuant to
Government Code Section 895.4, each of the PARTIES hereto shall fully indemnify and hold each of the other
PARTIES, their officers, board members, employees, and agents, harmless from any claim, expense or cost,
damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the
negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agenta,
under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this
AGREEMENT. No party, nor any officer, board member or agent thereof shall be responsible for any damage or
liability occurring by reason of the negligent acts or omissions or willful misconduct of the other PARTIES hereto,
their officer, board members, employees, or agents, under or in connection with or arising out of any work
authority or jurisdiction delegated to such other PARTIES under this AGREEMENT.
5. DOCUMENT REVIEW
DISTRICT and PALO ALTO will make available for inspection to the other party, upon reasonable advance written
notice, all records, books and other documents relating to the PROGRAMS.
6; TERM
The term of the MOU is from July i. 2010 through June 30, 2013. or not to exceed $271,785 per year, for a
total of $815,355 over the three year term. The term of the MOU may be extended by mutual consent of the
Parties acting through their authorized representatives. This MOU is contingent upon approval of program funding
each fiscal year by the DISTRICT's Board of Directors and PALO ALTO's City Council. In the event such
contingency is not met, this MOU terminates on the first day of the fiscal year for which funding is not approved.
7. NOTICE
Any notice, payment, credit or instrument required or permitted to be given hereunder is deemed received upon
personal delivery or five (5) days after deposit in any United States mail depository, first class postage prepaid
and addressed to the party for whom intended; or on the same day as a facsimile or email transmission is sent as
long as original is placed in the mail, as provided above, on the same day.
If to DISTRICT:
If to PALO ALTO:
Santa Clara .valley Water District
5750 Almaden Expressway
San Jose, CA 95118-3614
Attn: Jerry De La Piedra, Program Administrator
Facsimile: (408) 979-5639
City of Palo Alto Utilities
250 Hamilton Ave., 3"' Floor
Palo Alto, CA 94301
Attn: Catherine Elvert, Utility Account Representative
Facsimile: (650) 617-3140
Either party may change such address or contact person by notice given to the other party as provided
herein.
8. AMENDMENTS
The MOU may be amended as circumstances necessitate by written agreement executed by both parties.
9. ASSIGNMENT
Neither party may assign, sublet, or transfer this agreement or any of the rights or interests in this agreement
without the written consent of the other party.
MOU SCVWD!Palo Alto, Water Conservation Programs, 2010·2013 Page 2
10. SEVERABILITY
The partial or total invalidity of one or more parts of this MOU will not affect the intent or validity or remaining
parts of this MOU.
11. GOVERNING LAW
This MOU will be deemed a contract under the laws of the State of California and for all purposes shall be
interpreted in accordance with such laws.
12. TERMINATION OF AGREEMENT
This MOU may be terminated by either party hereto for any reason upon thirty-(30) days written notice to the
other Party. .
13. SIGNATURES
The individuals executing this MOU represent and warrant that they have the legal capacity and authority to
do so on behalf of their respective legal entities.
In WITNESS WHEREOF, the parties have executed this MOU as of the effective date.
APPROVED AS TO FORM:
Amy Bartell
Deputy City Attorney
ATTEST:
Valerie Fong
Director, City of Palo Alto Utilities
APPROVED AS TO FORM:
EMIL Y J. COTE
. Assistant District Counsel
CITY OF PALO ALTO, CALIFORNIA
James Keene
City Manager
Address:
250 Hamilton Ave" 3'd FI.
Palo Alto, CA 94301
Telephone: 650.329.2241
Facsimile: 650.617.3140
SANTA CLARA VALLEY WATER DISTRICT
BEAU GOLDIE
Chief Executive Officer
Address:
5750 Almaden Expressway
San Jose, CA 95118
Telephone: 408.265.2600
Facsimile: 408.267.3127
MOU SCVWD/Palo Alto, Water Conservation Programs, 2010-2013 Page 3
ATTACHMENT B
MEMORANDUM OF UNDERSTANDING
BETWEEN THE SANTA CLARA VALLEY WATER DISTRICT AND THE CITY OF PALO ALTO
FOR RESIDENTIAL AND COMMERCIAL WATER CONSERVATION PROGRAMS
Fiscal Year 2010-2013
Appendix A: Programs, Targets and Budgets
The programs, their targets, and their budgets in the proposed MOU are detailed below:
,
Proposed Palo Alto Annual Total Estimated
Program Program Number Per Cost, Palo Alto Program Cost Annual
Designation Description Year in Palo Per Measure 'Program for Palo Alto Savings per
Alto Cost (for 3 years) Measure
,
$64,500 for
$50 -Audit $21,500 audits; Pre 1980:
511,340 for
admin,
Water-Wise 430 per Fiscal 12 CCFI
Program 1 House Call home
Program Year
$315 -Monthly $3,780 TOTAl = Post 1980: Administration $75,840
4CCFI
home
Full Survey: $532
Landscape Standard: $355
15 per Fiscal TOTAL = 800 CCFI Program 2 Survey Year $7,980 $23,940 acre Program Follow Up: $370
WBIC Survey Per
Controller: $170
MOU SCVWD/Palo Alto, Water Conservation Programs, 2010-2013 Page 4
Proposed Palo Alto Annual Total Estimated
Program Program Number Per Cost Palo Alto Program Cost Annual
Designation Description Year in Palo Per Measure Program for Palo Alto Savings per
Alto Cost . (for 3 yealS) Measure
Landscape ET
Rebate Up to $150: Residential:
Program: 1-12 stations 0.348
AFfYear TOTAL = ETSmall
Weather 25 per FY Up to $350: $5,000 $15,000 Com: 1.75
Based 13-24 stations AFfYear
irrigation Up to $500: ET Large
Controllers Com: 3.98 25+ stations AFfYear
Landscape 50 Residential Up to $1,000 per Rebate
Program: Sites per FY residential site
Estimated
Program 3 TOTAL = 30% water
$115,000 $345,000 reduction
during peak Water irrigation Efficient 7 Commercial Up to $10,000 per months Landscape Sites per FY commercial site
Conversion
Landscape 10 Residential
Rebate Sites per Fiscal 50% of total Estimated
Program: Year rebate-up to 30% water
$500 per $7,375 TOTAL = reduction
Irrigation 3 Commercial residential site $22,125 during peak
System Sites per Fiscal and $2,000 per irrigation
Hardware commercial site months
Rebates Year
HET SFD:
Residential 11 CCFI
High 200 per Fiscal TOTAL = toilet
Program 4 Efficiency $75 $15,000
Toilet Rebate Year $45,000
HETMFD: Program 21 CCFI
toilet
! !
MOU SCVWD/Palo Alto, Water Conservation Programs, 2010-2013 Page 5
.
Proposed Annual Total Estimated Palo Alto Program Program Program' Number Per Cast Pa/oAlto Cost for Annual
Designation Description Year in Palo Per Measure Program Pa/oAlto. Savings per
Alto Cost (for 3 yean) Measure
Commercial
& Multi·
Family High-
Program 5 Efficiency 150 per Fiscal 5150 $22,500 TOTAL = 22CCF
Toilet Year $67,500 Iloilel
Installation
Program
, .
Commercial
Clothes 12 per Fiscal 43 CCFI Program 6 Washer $200 $2,400 TOTAL =
Rebate Year $7,200 washer
Program
Large
Program 7 Commercial 15 per Fiscal $1,000 $15,000 TOTAL = 1,402 CCFI
Indoor Water Year $45,000 sile
Surveys
Water
Efficient 50% of lola I Total = 1,250 CCFI Program 8 Technology 10 per FY $50,000
(WET) rebale $150,000 site
Program
Com. Rebate . : I Program
(high· 25 per Fiscal Up to $250 per Total = 33 CCFI Program 9 efficiency Year urinal $6,250 $18,750 urinal urinal
rebates
only)
City of Palo Alto Total per Fiscal Year $271,785
City of Palo Alto Total for Three years $815,355
NOTE: These are goals only, funding for these programs is interchangeable and useable by any
ofthese programs as needed and agreed upon by the DISTRICT and PALO ALTO.
MOU SCVWD/Palo Alto, Water Conservation Programs, 2010-2013 Page 6
:
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: JULY 12,2010 CMR:303:10
REPORT TYPE: CONSENT
SUBJECT: Approval of a Contract with J.J.R. Construction, Inc. in the Amount
of $525,232 for the 2010 Street Maintenance Program College Terrace
Area Concrete Capital Improvement Program Project 'PE-86070
RECOMMENDATION
.Staff recommends that Council:
1. Approve and authorize the City Manager or his designee to execute the attached contract
with J.J.R. Construction, Inc. (Attachment A) in an amount not to exceed $525,232 for
the 2010 Street Maintenance Program College Terrace Area Concrete Capital
Improvement Project PE-86070; and
2. Authorize the City Manager or his designee to negotiate and execute one or more change
orders to the contract with J.J.R. Construction, Inc for related, additional but unforeseen
work which may develop during the project, the total value of which shall not exceed
$52,523.
BACKGROUND
The Public Works Engineering Division manages construction contracts for concrete repair,
preventive maintenance, resurfacing and reconstruction of various city streets on an annual basis.
The candidate streets are surveyed biannually by Public Works Engineering staff and then rated
by a computerized pavement maintenance management system (PMMS). In FY 2009-2010, the
street resurfacing contracts encompassed approximately nineteen (19) lane miles of asphalt
concrete paving and twenty-five (25) lane miles of preventive maintenance in the form of slurry
seals. This work was spread over four (4) contracts and the total cost of these projects was
approximately $3 million which included $1.1 million received in stimulus funding.
The Public Works Engineering Division uses a multi-phased approach to street resurfacing by
bidding one phase for concrete repairs and preparation, a second phase for preventative
maintenance and a third phase for asphalt concrete resurfacing. This method of phasing has
proved to be more cost effective by avoiding the typical 15% markup that prime contractors
place on work that is performed by their subcontractors. The earlier contracts typically included
all concrete and preventive maintenance work along with the asphalt overlay contract. This
contract is only for the annual concrete repairs prior to the asphalt overlay work.
CMR:303:10 Page 1 of3
DISCUSSION
Project Description
Approximately four (4) lane miles of concrete work are included in this project. The work is
broken down to the replacement of 6,700 square feet of damaged concrete road base, 6,220 lineal
feet of damaged concrete curb and gutter, 11,670 square feet of damaged driveways and 9,050
square feet of damaged sidewalks. This concrete work is in addition to installing 19 new curb
ramps and retrofitting 49 existing curb ramps into compliance with the Americans with
Disabilities Act (ADA).
The streets included in this project were chosen in order to accelerate the completion of the
College Terrace Targeted Work Zone (TWZ). A TWZ is a defined section of the City where all
needed utilities are replaced and the streets are repaved on a very condensed schedule. Thus far,
all of the utility work and 60% of the resurfacing work had been completed in this TWZ. With
previous funding levels the repaving of the College Terrace TWZ would not have been
completed until the summer of 2011. The increased funding of $2 million for the street
maintenance program in the adopted 2011 Capital Budget allows staff to expedite repairing more
Palo Alto roadways and take advantage of lower construction prices.
A comprehensive asphalt overlay project will follow this concrete project and complete all work
in the College Terrace TWZ. By completing this concrete work ahead of the asphalt paving
project, both the overhead costs and the length time for completion of paving will be
&ignificantly reduced. The streets being worked on in this concrete repair contract are shown on
the Project Location Map which is included as Attachment B.
Bid Process
On May 19, 2010, a notice inviting fQrmal bids for the 2010 Street Maintenance Program
College Terrace Area Concrete Projectw~s posted at City Hall, and was sent to thirteen (13)
builder's exchanges and eight (8) contractors, The bidding period was 20 calendar days, Bids
were received from eight (8) qualified contractors on June 8, 2010 as listed on the attached Bid
Summary (Attachment C). .'
, ::,:".~' ,', ummaryo 1 rocess S fB'dP
Bid NamelNumber 2010 Street Maintenance Program College Terrace Area
Concrete Project
Proposed Length of Project 120 calendar days
Number of Bid Packages Mailed to 8 Contractors
Number of Bid Packages Mailed to 13 Builder's Exchanges
Total Days to Respond to Bid 20
Pre-Bid Meeting? No
Number of Bids Received: 8
Bid Price Range From a low of $525,232 to a high of $764, 181
Bids ranged from a high of $764,181 to a low bid of $525,232 and ranged from 34% above to
8% below the engineer's estimate.
CMR:303:10 Page2of3
ATTACHMENT A
I
CONSTRUCTION CONTRACT
Contract No. C11136329
City of Palo Alto
and
J.J.R. Construction, Inc.
PROJECT
,College Terrace Area Concrete Project
Rev. February 1, 2010
SECTION 1.
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
INCORPORATION OF RECITALS AND DEFINITIONS .................................... 1
1.1 Recitals ................................................................................................................................ 1
1.2 Definitions .................................................................................................... ~ ...................... 1
SECTION 2. THE PROJECT ••••..••..•••.•...•..•.•........••••••...•••..•..•......•..•..•..••.•.•.....•..•....•....•••••.•••• 1
SECTION 3. THE CONTRACT DOCUMENTS .•........••..•..•....•.......•..•...••...•....•....•..•...•.•••.••..•• 1
LIST OF DOCUMENTS ..•.•.•••...•..•.•...•....••••.•..•.•.•..•....••.•••.•.••..•••.•••••.•••.••••••••..••.••....•...••.••.....•..••.•••• 1
3.2 ORDER OF PRECEDENCE •.......••........••..•............••..•.•••••••••.••...............•••..••.... 2
SECTION 4. THE WORK .•............•••.....•.•.•..............•..•...•....•....•........•.••.••••••••.•...•.......••..••..••• 2
SECTION 5. PROJECT TEAM .......•.•.•.....•........•.•......•...•.•.•.......•.•••••.•.••.•.•••.....••.•..•..•.•.......•.• 2
SECTION 6. TIME OF COMPLETION .•..•.•............•.•..•..•..•...•••..••••••••...••.•..........••.••.....•..•••...• 3
6.1 Time Is of Essence ................................................ , ............................................................ 3
6.2 Commencement of Work ................................................................................................... 3
6.3 Contract Time ..................................................................................................................... 3
6.4 Liquidated Damages .......................................................................................................... 3
6.4.1 Entitlement ................................................................................................................... ·3
6.4.2 Daily Amount ............................................................................................................... 3
6.4.3 Exclusive Remedy ....................................................................................................... 3
6.4.4 Other Remedies .......................................................................................................... 3
6.5 Adjustments to Contract Time .......................................................................................... 3
SECTION 7. COMPENSATION TO CONTRACTOR ..•.............................•...•.....••.•........• ; •....• 3
7.1 Contract Sum ...................................................................................................................... 4
7.2 Full Compensation ............................................................................................................. 4
7.3 Compensation for Extra or Deleted Work ........................................................................ 4
7.3.1 Self Performed Work ................................................................................................... 4
7.3.2 Subcontractors ............................................................................................................ 4
Rev. February 1, 2010
Contract C11136329 J.J.R. CONSTRUCTION.DOC
SECTION 8. STANDARD OF CARE .............................................................................•......... 4
SECTION 9. INDEMNIFiCATION ................................•...............•.....•..........................•.........• 5
9.1 Hold Harmless .............................................................................................•............•......... 5
. 9.2 Survival ..•.................................................•.............................•............................................ 5
SECTION 10 NONDISCRIMINATION ..•........•.......................................•...........•............•......••. 5
SECTION 11. INSURANCE AND BONDS ...............................................•.............................••. 5
SECTION 12. PROHIBITION AGAINST TRANSFERS ............................................................ 5
SECTION 13. NOTiCES ........................................•..•...•...............................................•....•.•..... 6
13.1. Method of Notice ......................................................................................................•.......•. 6
13.2 Notice Recipients ...........................•.......................................................••....•.•..•.....•........•. 6
13.3 Change of Address ...........••...................•....•..........•..............................•..................•......••. 7
14.1 Resolution of Contract Disputes ..........•..•................................................................•....... 7
14.2 Resolution of Other Disputes ...............................•........................................................... 7
14.2.1 Non-Contract Disputes ................................................................................................ 7
14.2.2 Litigation, City Election ................................................................................................. 7
14.3 Submission of Contract Dispute ..................................................................•..•................ 8
14.3.1 By Contractor ............................................................................................................... 8
14.3.2 By City .......................................................................................................................... 8
14.4 Contract Dispute Resolution Process ..•.......................•................................................... 8
14.4.1 Direct Negotiations ...................................................................................................... 8
14.4.2 Deferral of Contract Disputes ...................................................................................... 9
14.4.3 Mediation ..................................................................................................................... 9
14.4.4 Binding Arbitration ....................................................................................................... 9
14.5 Non-Waiver ..........................................................................................................•............ 10
SECTION 15. DEFAULT ......................................................................................................... 11
15.1 Notice of Default. ............................................................................................................... 11
15.2 Opportunity to Cure Default ............................................................................................ 11
SECTION 16. CITY'S RIGHTS AND REMEDIES ................................................................... 11
16.1 Remedies Upon Default ................................................................................................... 11
16.1.1 Delete Certain Services ................................................................................ , ............ 11
16.1.2 Perform and Withhold ................................................................................................ 11
ii Rev. February 1,2010
Contract C11136329 J.J.R. CONSTRUCTION. DOC
16.1.3
16.1.4
16.1.5
16.1.6
Suspend The Construction Contract ......................................................................... 11
Terminate the Construction Contract for Default ....................................................... 11
Invoke the Performance Bond ................................................................................... 11
Additional Provisions ................................................................................................. 12
16.2 Delays by Sureties ...........................................................................•...........•....•.............• 12
16.3 Damages to City ................................................................................................................ 12
16.3.1 For Contractor's Default ............................................................................................ 12
16.3.2 Compensation for Losses .......................................................................................... 12
16.5 Suspension by City for Convenience ...............................................................•..•..•..•.••. 12
16.6 Termination Without Cause ..•..............................................•.......•....•...•.....•..........•..•••... 13
16.6.1 Compensation ........................................................................................................... 13
16.6.2 Subcontractors .......................................................................................................... 13
16.7 Contractor's Duties Upon Termination ..•...•.........•.••.•.................................................... 13
SECTION 17. CONTRACTOR'S RIGHTS AND REMEDIES .................................................. 14
17.1 Contractor's Remedies ............................................................................................•....••. 14
17.1.1 For Work Stoppage ................................................................................................... 14
17.1 .2. For City's Non-Payment. ....................................................................... , .................... 14
17.2 Damages to Contractor ................................................................................................... 14
SECTION 18. ACCOUNTING RECORDS ............................................................................... 14
18.1 Financial Management and City Access ........................................................................ 14
18.2 Compliance with City Requests ...................................................................................... 14
SECTION 19. INDEPENDENT PARTIES ................................................................................ 14
SECTION 20. NUISANCE ....................................................................................................... 15
SECTION 21. PERMITS AND LICENSES .............................................................................. 15
SECTION 22. WAiVER ............................................................................................................ 15
SECTION 23 GOVERNING LAW ........................................................................................... 15
SECTION 24 COMPLETE AGREEMENT ................... · ........................................................... 15
SECTION 25 SURVIVAL OF CONTRACT ............................................................................. 15
SECTION 26 PREVAILING WAGES ...................................................................................... 15
iii Rev. February 1,2010
Contract C11136329 J.J.R. CONSTRUCTION. DOC
SECTION 27
SECTION 28
SECTION 29
SECTION 30
NON APPROPRIATION ................................................................................... 16
GOVERNMENTAL POWERS .......................................................................... 16
ATTORNEY FEES ........................................................•..........................•....•... 16
SEVERABILITY ................................................................................................ 16
iv Rev. February 1,2010
Contract C11136329 J.J.R. CONSTRUCTION.DOC
CONSTRUCTION CONTRACT
THIS CONSTRUCTION CONTRACT entered into on ("Execution Date") by
and between the CITY OF PALO ALTO, a California chartered municipal corporation ("City"), and
J.J.R. CONSTRUCTION, INC .. ("Contractor"), is made with reference to the following:
RECITALS:
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 665645. 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 May 19, 2010, City issued an Invitation for Bids (IFB) to contractors for the College
Terrace Area Concrete Project ("Projecf'). 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 Bid Documents for the Project upon the following terms and
conditions.
NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set
forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, it is mutually agreed by and between the undersigned parties as follows:
SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS.
1.1 Recitals.
All of the recitals are incorporated herein by reference.
1.2 Definitions.
Capitalized terms shall have the meanings set forth in this Construction Contract and/or in the
General Conditions. If there is a conflict between the definitions in this Construction Contract
and in the General Conditions, the definitions in this Construction Contract shall prevail.
SECTION 2 THE PROJECT.
The Project is the construction of the College Terrace Area Concrete Project ("Project").
SECTION 3 THE CONTRACT DOCUMENTS.
3.1 List of Documents.
The Contract Documents (sometimes collectively referred to as "Agreemenf' or "Bid Documents")
consist of the following documents which are on file with the Purchasing Division and are hereby
incorporated by reference.
1) Change Orders
2) Field Change Orders
3) Contract
4) Project Plans and Drawings
1 Rev. February 1, 2010
Contract C11136329 J.J.R. CONSTRUCTION. DOC
5) Technical Specifications
6) Special Provisions
7) Notice Inviting Bids
8) Instructions to Bidders
9) General Conditions
10) Bidding Addenda
11) Invitation for Bids
12) Contractor's Bid/Non-Collusion Affidavit
13) Reports listed in the Bidding Documents
14) Public Works Department's Standard Drawings and Specifications dated 2007 and·
updated from time to time
15) Utilities Department's Water, Gas, Wastewater, Electric Util.ities Standards dated
2005 and updated from time to time
16) City of Palo Alto Traffic Control Requirements
17) City of Palo Alto Truck Route Map and Regulations
18) Notice Inviting Pre-Qualification Statements, Pre-Qualification Statement, and Pre-
Qualification Checklist (if applicable)
19) Performance and Payment Bonds
20) Insurance Forms
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 THE WORK.
The Work includes 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 approved by City, in accordance with the Contract Documents and all
Applicable Code Requirements.
SECTION 5 PROJECT TEAM.
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 Project
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.
2 Rev. February 1, 2010
Contract C11136329 J.J.R. CONSTRUCTION.DOC
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 D not later than
~ within one hundred twenty (120)calendar days after the commencement date
specified in City's Notice to Proceed.
6.4 Liquidated Damage~.
6.4.1 Entitlement.
City and Contractor acknowledge and agree that if Contractor fails to fully and
satisfactorily complete the Work within the Contract Time, City will suffer, as a result
of Contractor's failure, substantial damages which are both extremely difficult and
impracticable to ascertain. Such damages may include, but are not limited to:
(i) Loss of public confidence in City and its contractors and consultants.
(ii) Loss of public use of public facilities.
(iii) Extended disruption to public.
6.4.2 Daily Amount.
City and Contractor have reasonably endeavored, but failed, to ascertain the actual
damage that City will incur if Contractor fails to achieve Substantial Completion of the
entire Work within the Contract Time. Therefore, the parties agree that in addition to
all other damages to which City may be entitled other than delay damages, in the
event Contractor shall fail to achieve Substantial Completion of the entire Work within
the Contract Time, Contractor shall pay City as liquidated damages the amount of
$500 per day for each Day occurring after the expiration of the Contract Time until
Contractor achieves Substantial Completion of the entire Work. The liquidated
damages amount 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.
6.4.3 Exclusive Remedy.
City and Contractor acknowledge and agree that this liquidated damages provision
shall be City's only remedy for delay damages caused by Contractor's failure to
achieve Substantial Completion of the entire Work within the Contract Time.
6.4.4 Other Remedies.
City is entitled to any and all available legal and equitable remedies City may have
where City's Losses are caused by any reason other than Contractor's failure to
achieve Substantial Completion of the entire Work within the Contract Time.
6.5 Adjustments to Contract Time.
The Contract Time may only be adjusted for time extensions approved by City and agreed to
by Change Order executed by City and Contractor in accordance with the requirements of the
Contract Documents.
SECTION 7 COMPENSATIPN TO CONTRACTOR.
3 Rev. February 1, 2010
Contract C11136329 J.J.R. CONSTRUCTION. DOC
7.1 Contract Sum.
Contractor shall be compensated for satisfactory completion of the Work in compliance with
the Contract Documents the Contract Sum of Five Hundred Twenty-five Thousand Two
Hundred Thirty-two and 27/100 Dollars ($525,231.27). D [This amount includes the Base Bid and Add Alternates .J
7.2 Full Compensation.
The Contract Sum shall be full compensation to Contractor for all Work provided by Contractor
and, except as otherwise expressly permitted by the terms of the Contract Documents, shall
cover all Losses arising out of the nature of the Work or from the acts of the elements or any
unforeseen difficulties or obstructions which may arise or be encountered in performance of _
the Work until its Acceptance by City, all risks connected with the 'Work, and any and all
expenses incurred due to suspension or discontinuance of the Work. The Contract Sum may
only be adjusted for Change Orders issued, executed and satisfactorily performed in
accordance with the requirements of the Contract Documents. .
7.3 Compensation for Extra or Deleted Work.
The Contract Sum shall be adjusted (either by addition or credit) for Changes in the Work
involving Extra Work or Deleted Work based on one or more of the following methods to be
selected by City:
1. Unit prices stated in the Contract Documents or agreed upon by City and Contractor,
which unit prices shall be deemed to include Contractor Markup and
Subcontractor/Sub-subcontractor Markups permitted by this Section.
2. A lump sum agreed upon by City and Contractor, based on the estimated Allowable
Costs and Contractor Markup and Subcontractor Markup computed in accordance
with this Section.
3. Contractor's Allowable Costs, plus Contractor Markup and Subcontractor Markups
applicable to such Extra Work computed in accordance with this Section.
Contractor Markup and Subcontractor/Sub-subcontractor Markups set forth herein are the full
amount of compensation to be added for Extra Work or to be subtracted for Deleted Work that
is attributable to overhead (direct and indirect) and profit of Contractor and of its
Subcontractors and Sub-subcontractors, of every Tier. When using this payment
methQdology, Contractor Markup and Subcontractor/Sub-subcontractor Markups, which shall
not be compounded, shall be computed as follows:
7.3.1 Markup Self-Performed Work.
10% of the Allowable Costs for that portion of the Extra Work or Deleted Work to be
performed by Contractor with its own forces.
7.3.2 Markup for Work Performed by Subcontractors.
15% of the Allowable Costs for that portion of the Extra Work or Deleted Work to be
performed by a first Tier Subcontractor.
SECTION 8 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.
4 Rev. February 1,2010
Contract C11136329 J.J.R. CONSTRUCTION.DOC
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 collectively referred to as "Indemnitees"), through legal counsel
acceptable to City, from and against any and all Losses arising directly or indirectly from, or in
any manner relating to any of, the following:
(i) Performance or nonperformance of the Work by Contractor or its Subcontractors or
Sub-subcontractors, of any tier;
(ii) Performance or nonperformance by Contractor or its Subcontractors or Sub-
subcontractors of any tier, of any of the obligations under the Contract Documents;
(iii) The construction activities of Contractor or its Subcontractors or Sub-subcontractors,
of any tier, either on the Site or on other properties;
(iv) The payment or nonpayment by Contractor to any of its employees, Subcontractors or
Sub-subcontractors of any tier, for Work performed on or off the Site for the Project;
and .
(v) Any personal injury, property damage or economic loss to third persons associated
with the performance or nonperformance by Contractor or its Subcontractors or Sub-
subcontractors of any tier, of the Work.
However, nothing herein shall obligate Contractor to indemnify any Indemnitee for Losses
resulting from the sole or active negligence or willful misconduct of the Indemnitee. Contractor
shall pay City for any costs City incurs to enforce this provision. 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.
9.2 Survival.
The provisions of Section 9 shall survive the termination of this Construction Contract.
SECTION 10 NONDISCRIMINATION.
As set forth in Palo Alto Municipal Code section 2.30.510, Contractor certifies that in the performance
of this Agreement, it shall not discriminate in the employment of any person because of the race, skin
color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status,
marital status, familial status, weight or height of such person. Contractor acknowledges that it has
read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to
Nondiscrimination Requirements and the penalties for violation thereof, and will comply with all
requJrements of Section 2.30.510 pertaining to nondiscrimination in employment.
SECTION 11 INSURANCE AND BONDS.
On or before the Execution Date, Contractor shall provide City with evidence that it has obtained
insurance and Performance and Payment Bonds satisfying all requirements in Article 11 of the General
Conditions. Failure to do so shall be deemed a material breach of this Construction Contract.
SECTION 12 PROHIBITION AGAINST TRANSFERS.
City is entering into this Construction Contract based 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.
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
5 Rev. February 1,2010
Contract C11136329 J.J.R. CONSTRUCTION.DOC
control of Contractor, shall be construed as an assignment of this Construction Contract. Control
means more than fifty percent (50%) of the voting power of the corporation or other entity.
SECTION 13 NOTICES.
13.1 Method of Notice.
All notices, demands, requests or approvals to be given under this Construction Contract shall
be given in writing and shall be deemed served on the earlier of the following:
(i) On the date delivered if delivered personally;
(ii) On the third business day after the deposit ttiereof 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
(iv) On the date it is accepted or rejected if sent by certified mail.
13.2 Notice Recipients.
All notices, demands or requests (including, without limitation, 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
Copyto:~ City of Palo Alto
Public Works
Administration
250 Hamilton Avenue
Palo Alto, CA 94301
Attn: Elizabeth Ames
Or
D 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 delivered personally or sent by certified mail.
6
Contract C11136329 J.J.R. CONSTRUCTION.DOC
Rev. February 1, 2010
All notices, demands, requests or approvals from City to Contractor shall be addressed to:
J.J.R. Construction, Inc.
1120 Ninth Avenue
San Mateo, CA 94402
Attn: Carlos Raposo
13.3 Change of Address.
In the event of any change of address, the moving party shall notify the other party 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 DISPUTE RESOLUTION.
14.1 Resolution of Contract Disputes.
Contract Disputes shall be resolved by the parties in accordance with the provisions of this
Section 14, 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 14, which shall be the exclusive
recourse of Contractor and City for such Contract Disputes.
14.2 Resolution of Other Disputes.
14.2.1 Non-Contract Disputes.
Contract Disputes shall not include any of the following:
(i) Penalties or forfeituresl 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.
14.2.2 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 14.4.2 to
defer resolution and final determination until after Final Completion of the Work.
7 Rev. February 1,2010
Contract C11136329 J.J.R. CONSTRUCTION.DOC
14.3 Submission of Contract Dispute.
14.3.1 By Contractor.
Contractors may commence the Contract Dispute Resolution Process upon City's
written response denying all or part of a Claim pursuant to Paragraph 4.2.9 or 4.2.1 0
of the General Conditions. Contractor shall submit a written Statement of Contract
Dispute (as set forth below) to City within seven (7) Days after City rejects all or a
portion of Contractor's Claim. 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. Adequate supporting data for a Contract Dispute relating to an adjustment of
the Contract Time shall include both of the following:
(i) All of the scheduling data required to be submitted by Contractor under the
Contract Documents to obtain extensions of time and adjustments to the
Contract Time and
(ii) A detailed, event-by-event description of the impact of each event on
completion of Work. Adequate data to support a Statement of Contract
Dispute involving an adjustment of 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 under the Contract Documents for
submission of Change Order Requests and Claims.
14.3.2 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 asserts Contract Disputes 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.
14.4 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. .
14.4.1 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 or Sub-subcontractor, of any tier,
against Contractor that is in turn being asserted by Contractor against City ("Pass-
Through Claim"), then the Subcontractor or Sub-Subcontractor shall also have a
8 Rev. February 1, 2010
Contract C11136329 J.J.R. CONSTRUCTION.DOC
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.
14.4.2 Deferral of Contract Disputes.
Following the completion of the negotiations required by Paragraph 14.4.1, 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 provisions of the Agreement deferring final determination and
resolution of unresolved Contract Disputes until after Final Completion.
14.4.3 Mediation. '\ .
If the Contract Dispute remains unresolved after negotiations pursuant to Paragraph
14.4.1, the parties shall submit the Contract Dispute to non-binding mediation before
a mutually acceptable third party mediator .
. 1 Qualifications of Mediator. The parties shall endeavor to select a mediator
who is a retired judge or an attorney with at least five (5) years of experience
in public works construction contract law and in mediating public works
construction disputes. In addition, the mediator shall have at least twenty
(20) hours of formal training in mediation skills .
. 2 Submission to Mediation and Selection of Mediator. The party initiating
mediation of a Contract Dispute shall provide written notice to the other party
of its decision to mediate. In the event the parties are unable to agree upon a
mediator within fifteen (15) Days after. the receipt of such written notice, then
thelparties shall submit the matter to the American Arbitration Association
(AAA) at its San Francisco Regional Office for selection of a mediator in
accordance with the AAA Construction Industry Mediation Rules .
. 3 Mediation Process. The location of the mediation shall be at the offices of
City. The costs of mediation shall be shared equally by both parties. The
mediator shall provide an independent assessment on the merits of the
Contract Dispute and recommendations for resolution. 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.
14.4.4 Binding Arbitration.
If the Contract Dispute is not resolv~d by mediation, then any party may submit the
Contract Dispute for final and binding arbitration pursuant to the provisions of
California Public Contract Code Sections 10240, et seq. The award of the arbitrator
therein shall be final and may be entered as a judgment by any court of competent
jurisdiction. Such arbitration shall be conducted in accordance with the following:
.1 Arbitration Initiation. The arbitration shall be initiated by filing a complaint
in arbitration in accordance with the regulations promulgated pursuant to
California Public Contract Code Section 10240.5.
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Contract C11136329 J.J.R. CONSTRUCTION.DOC
.2 Qualifications of the Arbitrator. The arbitrator shall be approved by all
parties. The arbitrator shall be a retired judge or an attorney with at least five
(5) years of experience in public works construction contract law and in
arbitrating public works construction disputes. In addition, the arbitrator shall
have at least twenty (20) hours of formal training in arbitration skills. In the
event the parties cannot agree upon an arbitrator, the provisions of California
Public Contract Code Section 10240.3 shall be followed in selecting an
arbitrator possessing the qualifications required herein .
. 3 Hearing Days and Location. Arbitration hearings shall be held at the offices
of City and shall, except for good cause shown to and determined by the
arbitrator, be conducted on consecutive business days, without interruption or
continuance .
. 4 Hearing Delays. Arbitration hearings shall not be delayed except upon good
cause shown .
. 5 Recording Hearings. All hearings to receive evidence shall be recorded by
a certified stenographic reporter, with the costs thereof borne equally by City
and Contractor and allocated by the arbitrator in the final award .
. 6 Limitation of Depositions. The parties may conduct discovery in
accordance with the provisions of section 10240.11 of the Public Contract
Code; provided, however, that depositions shall be limited to both of the
following:
(i) Ten (10) percipient witnesses for each party and 5 expert witnesses
per party.
Upon a showing of good cause, the arbitrator may increase the number of
permitted depositions. An individual who is both percipient and expert shall,
for purposes of applying the foregoing numerical limitation only, be deemed
an expert. Expert reports shall be exchanged prior to receipt of evidence, in
accordance with the direction of the arbitrator, and expert reports (including
initial and rebuttal reports) not so submitted shall not be admissible as
evidence .
. 7 Authority of the Arbitrator. The arbitrator shall have the authority to hear
dispositive motions and issue interim orders and interim or executory awards .
. 8 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 14.4.4.
Contractor shall include this provision in its contracts with its Subcontractors
who provide any portion of the Work.
14.5 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.
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Contract C11136329 J.J.R. CONSTRUCTION.DOC
SECTION 15 DEFAULT.
15.1 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 ofthe Contract Documents, City may give written notice of default to Contractor in
the manner specified for the giving of notices in the Construction Contract.
15.2 Opportunity to Cure Default.
Except for emergencies, Contractor shall cure any default in performance of its obligations
under the Contract Documents within two (2) Days (or such shorter time as City may
reasonably require) after receipt of written notice. However, if the breach cannot be
reasonably cured within such time, Contractor will commence to cure the breach within two (2)
Days (or such shorter time as City may reasonably require) and will diligently and continuously
prosecute such cure to completion within a reasonable time, which shall in no event be later
than ten (10) Days after receipt of such written notice.
SECTION 16 CITY'S RIGHTS AND REMEDIES.
16.1 Remedies Upon Default.
If Contractor fails to cure any default of this Construction Contract within the time period set
forth above in Section 15, then City may pursue any remedies available under law or equity,
including, without limitation, the following:
16.1.1 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.
16.1.2 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.
16.1.3 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.
16.1.4 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 15.
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.
16.1.5 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.
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Contract C11136329 J.J.R. CONSTRUCTION. DOC
16.1.6 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.
16.2 Delays by Sureties.
Without limiting to any of City's other rights or remedies, City has the right to suspend the
performance of the Work by Contractor's sureties in the event of any of the following:
(i) The sureties' failure to begin Work within a reasonable time in such manner as to
insure full compliance with the Construction Contract within the Contract Time;
(ii) The sureties' abandonment of the Work;
(iii) If at any time City is of the opinion the sureties' Work is unnecessarily or
unreasonably delaying the Work;
(iv) The sureties' violation of any terms of the Construction Contract;
(v) The sureties' failure to perform according to the Contract Documents; or
(vi) The sureties' failure to follow City's instructions for completion of the Work within the
Contract Time.
16.3 Damages to City.
16.3.1 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.
16.3.2 Compensation for Losses.
In the event that City's Losses arise from Contractor's default under the Contract
Documents, City shall be entitled to withhold monies otherwise payable to Contractor
until Final.Completion of the Project. If City incurs Losses due to Contractor's default,
then the amount of Losses shall be deducted from the amounts withheld. Should the
amount withheld exceed the amount deducted, the balance will be paid to Contractor
or its designee upon Final Completion of the Project. If the Losses incurred by City
exceed the amount withheld, Contractor shall be liable to City for the difference and
shall promptly remit same to City.
16.4. Suspension by City 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.
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Contract C11136329 J.J.R. CONSTRUCTION.DOC
16.5 Termination Without Cause.
City may, at its sole discretion and without cause, terminate this Construction Contract in part
or in whole by giving thirty (30) Days written notice to Contractor. The compensation allowed
under this Paragraph 16.5 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.
16.5.1 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 16.5, 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 and Sub-subcontractors for:
(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.
16.5.2 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.
16.6 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)
(ii)
(iii)
(iv)
(v)
Immediately discontinue the Work to the extent specified in the notice;
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;
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;
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
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.
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Contract C11136329 J.J.R. CONSTRUCTION.DOC
SECTION 20 NUISANCE.
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 21 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 22 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 23 GOVERNING LAW.
This Construction Contract shall be construed in accordance with and governed by the laws of the
State of California.
SECTION 24 COMPLETE AGREEMENT.
This Agreement represents the entire and integrated agreement between the parties and supersedes
all prior negotiations, representations, and contracts, either written or oral. This Agreement may be
amended only by a written instrument, which is signed by the parties.
SECTION 25 SURVIVAL OF CONTRACT.
The provisions of the Construction Contract which by their nature survive termination of the
Construction Contract or Final Completion, including, without limitation, all warranties, indemnities,
payment obligations, and City's right to audit Contractor's books and records, shall remain in full force
and effect after Final Completion or any termination of the Construction Contract.
SECTION 26 PREVAILING WAGES.
~ This Project is not subject to prevailing wages. The Contractor is not required to pay prevailing
wages in the performance and implementation of the Project, because the City, pursuant to its
authority as a chartered city, has adopted Resolution No. 5981 exempting the City from prevailing
wages. The City invokes the exemption from the state prevailing wage requirement for this Project and
declares that the Project is funded one hundred percent (100%) by the City of Palo Alto.
Or
o The Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the
California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor
Code. Pursuant to the provisions of Section 1 (l73 of the Labor Code of the State of California, the City
Council has obtained the general prevailing rate of per diem wages and the general rate for holiday
and overtime work in this locality for each craft, classification, or type of worker needed to execute the
contract for this Project from the Director of the Department of Industrial Relations. Copies of these
rates may be obtained at cost at the Purchasing office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing
wage rates as a minimum. Contractor shall comply with the provisions of Sections 1775, 1776,
1777 .5, 1810, and 1813 of the Labor Code.
15 Rev. February 1,2010
Contract C11136329 J.J.R. CONSTRUCTION. DOC
SECTION 27 NON APPROPRIATION.
This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo
Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year
in the event that the City does not appropriate funds for the following fiscal year for this event, or (b) at
any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year
and funds for this 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 28 AUTHORITY .
. The individuals executing this Agreement represent and warrant that they have the legal capacity
and authority to do so on behalf of their respective legal entities.
SECTION 29 ATTORNEY FEES.
Each Party shall bear its own costs, including attorney's fees through the completion of mediation. If
the claim or dispute is not resolved through mediation ahd in any dispute described in Paragraph 14.2,
the prevailing party in any action brought to enforce the provision of this Agreement may recover its
reasonable costs and attorney's fees expended in connection with that action. The prevailing party
shall be entitled to recover an amount equal to the fair market value of legal services provided by
attorneys employed' by it as well as any attorney's' fees paid to third parties.
SECTION 30 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.
IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed
the date and year first above written.
16 Rev. February 1,2010
Contract C11136329 J.J.R. CONSTRUCTION. DOC
CITY OF PALO ALTO
D Purchasing Manager
~ City Manager
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Public Works Director
Contract C11136329 J.J.R. CONSTRUCTION.DOC
17
CONTRACTOR:
J.J.R. CONSTRUCTION, INC.
8y: ___________ _
Name: __________ _
Title:, __________ _
Rev. February 1, 2010
IFB 136329 2010 STREET MAINTENANCE PROGRAM: BID SUMMARY
COLLEGE TERRACE AREA CONCRETE PROJECT
ATTACHMENT C
ITEM # BASE BID DESCRIPTION QUANTITY UNITS ENGINEER'S ESTIMATE JJR CONSTRUCTION INC. GUERRA CONSTRUCTION SPENCON CONSTRUCTION,
GROUP INC.
I P.C.C Base Repair 6,700 SF $ 11.00 $ 73,700.00 $ 1190 $ 79,730.00 S 1.25 $ 8,375.00 S 14.75 $ 98,825.00
Remove and Replace Vertical Curb and Gutter, 2'
2 gutter pan 5,500 LF $ 35.00 $ 192,500.00 S 35.39 $ 194,645.00 $ 39.50 $ 217,250.00 S 39.00 $ 214,500.00
Remove and Replace Vertical Curb and Gutter, 3'
3 gutter pan 720 LF $ 50.00 $ 36,000.00 S 44.94 $ 32,356.80 $ 43.00 $ 30,960.00 $ 40.00 $ 28,800.00
4 New ADA Curb Ramp 19 EA $ 1,500.00 $ 28,500.00 $ 1,700.00 $ 32,300.00 S 1,300.00 $ 24,700.00 $ 2,200.00 $ 41,800.00
Retrofit existing curb ramp with truncated dome
5 panel 49 EA $ 325.00 $ 15,925.00 $ 300.00 $ 14,700.00 $ 350.00 $ 17,150.00 $ 385.00 $ 18,865.00
6 Remove and replace concrete sidewalk 9,050 SF $ 8.00 $ 72,400.00 $ 6.75 $ 61,087.50 $ . 10.00 $ 90,500.00 $ 8.50 $ 76,925.00
7 Remove and replace concrete driveway 11,670 SF $ 9.00 $ 105,030.00 :£ 8.85 $ 103,279.50 S 11.50 $ 134,205.00 $ 9.50 $ 110,865.00
8 Reset Catch Basin 7 EA $ 1,500.00 $ 10,500.00 $ 350.00 $ 2,450.00 $ 1,100.00 $ 7,700.00 $ 510.00 $ 3,570.00 ,
9 Recycle Inert Construction Material 1,997 TON $ 5.00 $ 9,985.00 $ D.Dl $ 19.97 $ 21.00 $ 41,937.00 $ 0.0] $ 19.97
10 Demolish and Remove Existing Concrete 1,275 SF $ 3.00 $ 3,825.00 $ 3.50 $ I 4,462.50 $ 3.00 $ 3,825.00 $ 2.00 $ 2,550.00
11 Traffic Control I LS $ 17,250.00 $ 17,250.00 S 100.00 $ 100.00 $ 3,300.00 $ 3,300.00 $ 1,800.00 $ 1,800.00
12 Project notifications to businesses and residents I LS $ 5,750.00 $ 5,750.00 $ 100.00 $ 100.00 $ 1,700.00 $ 1,700.00 $ 1,000.00 $ 1,000.00
, BASE BID TOTAL $ 571,365.00 $ 525,231.27 $ 581,602.00 $ 599,519.97 --
ITEM # BASE BID DESCRIPTION QUANTITY UNITS NORCAL CONCRETE GOLDEN BAY ROBERT A. BOTHMAN, INC. FBD VANGUARD
CONSTRUCTION, INC. CONSTRUCTION, INC.
I P.C.C Base Repair 6,700 SF $ ]1.00 $ 73,700.00 $ 11.50 $ 77,050.00 $ 16.00 $ 107,200.00 $ 18.40 $ 123,280.00
Remove and Replace Vertical Curb and Gutter, 2'
2 gutter pan 5,500 LF $ 39.00 $ 214,500.00 S 40.00 $ 220,000.00 $ 36.00 $ 198,000.00 $ 45.00 $ 247,500.00
Remove and Replace Vertical Curb and Gutter, 3'
3 gutter pan 720 LF $ 42.00 $ 30,240.00 S 47.00 $ 33,840.00 $ 39.00 $ 28,080.00 $ 55.00 $ 39,600.00
4 New ADA Curb Ramp 19 EA $ 1,950.00 $ 37,050.00 $ 1,700.00 $ 32,300.00 S 1.850.00 $ 35,150.00 S 2,630.00 $ 49,970.00
Retrofit existing curb ramp with truncated dome
5 panel 49 EA S 650.00 $ 31,850.00 $ 393.00 $ 19,257.00 $ 450.00 $ 22,050.00 S 332.00 $ 16,268.00
6 Remove and replace concrete sidewalk 9,050 SF $ 7.35 $ 66,517.50 $ 7.50 $ 67,875.00 $ 10.00 $ 90,500.00 $ 8.60 $ 77,830.00
7 Remove and replace concrete driveway 11,670 SF $ 8.50 $ 99,195.00 $ 12.50 $ 145,875.00 $ 12.00 $ 140,040.00 $ 11.60 $ 135,372.00
8 Reset Catch Basin 7 EA $ 1,000.00 $ 7,000.00 $ 280.00 $ 1,960.00 $ 650.00 $ 4,550.00 $ 1,000.00 $ 7,000.00
9 Recycle Inert Construction Material 1,997 TON $ 800 $ 15,976.00 5; 0.01 $ 19.97 $ 11.00 $ 21,967.00 $ 1.00 $ 1,997.00
10 Demolish and Remove Existing Concrete 1,275 SF $ 6.00 $ 7,650.00 $ 4.00 $ 5,100.00 $ 3.00 $ 3,825.00 $ 4.50 $ 5,737.50
II Traffic Control I LS S 15,000.00 $ 15,000.00 S 4,070.00 $ 4,070.00 $ 14,438.00 $ 14,438.00 S 6.900.00 $ 6,900.00
12 Project notifications to businesses and residents I LS $ 5,000.00 $ 5,000.00 $ 1,000.00 $ 1,000.00 $ 4,000.00 $ 4,000.00 $ 5,000.00 $ 5,000.00
BASE BID TOTAL $ 603,678,50 $ 608,346.97 $ 669,800.00 $ 716,454.50
IFB 136329 2010 STREET MAINTENANCE PROGRAM: BID SUMMARY
COLLEGE TERRACE AREA CONCRETE PROJECT
ATTACHMENT C
ITEM # BASE BID DESCRIPTION QUANTITY UNITS SPOSETO ENGINEERING,
INC.
I P.C.C Base Repair 6,700 SF $ 17.00 $ 113,900.00
Remove and Replace Vertical Curb and Gutter, 2'
2 gutter pan 5,500 LF $ 52.00 $ 286,000.00
Remove and Replace Vertical Curb and Gutter, 3'
3 gutter pan 720 LF $ 52.00 $ 37,440.00
4 New ADA Curb Ramp 19 EA $ 2,260.00 $ 42,940.00
Retrofit existing curb ramp with truncated dome
5 panel 49 EA $ 470.00 $ 23,030.00
6 Remove and replace concrete sidewalk 9,050 SF 5; 9.60 $ 86,880.00
7 Remove and replace concrete driveway 11,670 SF $ 12.80 $ 149,376.00
8 Reset Catch Basin 7 EA $ 1,200.00 $ 8,400.00
9 Recycle Inert Construction Material 1,997 TON $ 1.00 $ 1,997.00
10 Demolish and Remove Existing Concrete 1,275 SF $ 4.25 $ 5,418.75
11 Traffic Control I LS $ 8,000.00 $ 8,000.00
12 Project notifications to businesses and residents I LS S 800.00 $ 800.00
BASE BID TOTAL $ 764,181.75
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: JULY 12, 2010 CMR:298:10
REPORT TYPE: CONSENT
SUBJECT: Approval of a Contract with TruGreen LandCare for a Period of
Three Years for Tree Maintenance Services with Funding for the
First Year Approved in the not to Exceed Amount of 5280,000 and a
Total Amount of 5840,000 for all Three Years
RECOMMENDATION
Staff recomlnends that Council approve and authorize the City Manager or his designee to
execute the attached contract with TruOreen LandCare (Attachment A) for a period of three
years, with funding in the not to exceed amount of $280,000 for the first year, not to exceed
amount of $280,000 for the second year, and not to exceed amount of $280,000 in the third year
for Tree Maintenance Services.
BACKGROUND
Contract tree m~ntenance work by area was started in FY 2000 and has provided a pro-active
cycle of basic tree maintenance for the city. These area contracts have helped free up City tree
maintenance personnel for the varied responsive work requests they perform including tree
removals, tree plantings and tree pruning requests from other parts of the city not included in the
current year's contract tree maintenance area.
DISCUSSION
Description of Services
The work to be performed under the contract includes priority tree maintenance (pruning and
removing) as identified by the updated Street Tree Inventory; routine pruning by area and city
wide; tree removals; and storm damage cleanup. Two crews with trucks and equipment will be
required each work day during the life of the contract.
The International Society of Arboriculture (ISA) and American National Standards Institute
(ANSI) standards for tree pruning are used as the pruning specifications for this contract. The
contract specifies that each contract crew shall have one member that is an ISA -certified
Arborist, Tree Worker or equivalent. In addition, the City provides a full time insp~tor for this
project.
A request for quotation for the services was posted at City Hall, and sent to or downloaded by 17
contractors. The bidding period was 29 days. Bids were received from 4 qualified contractors
CMR:298:1O Page 10f3
on May 18, 2010, as listed on the attached bid summary (Attachment B). Bids ranged from a
low of $70.00 per crew hour to a high bid of$150.00 per crew hour.
ummarvo 1 ocess S fB·dPr
Bid NamelNumber Tree Maintenance Services / RFQ 135385
Proposed Length of Project Up to 36 months
Number of Bids Mailed to or 17
downloaded by Contractors
Number of Bids Mailed to Builder's 0
Exchanges
Total Days to Respond to Bid 29
Pre-Bid Meeting? Yes
Number of Company Attendees at 9
Pre-Bid Meeting
Number of Bids Received: 4
Bid Price Range From a low of $70.00 per crew hour to a high of $150.00
per crew hour. . *Bid summary proVided In Attachment B .
Staff has reviewed all bids submitted and recommends that the bid of $70.00 per crew hour
submitted by TruGreen LandCare be accepted and that TruGreen LandCare be declared the
lowest responsible bidder. The bid is 30 percent below the staff estimate of $lOO.OO per crew
hour. The contractor has stated that its experience on the previous project has shown that the bid
is sustainable for the company and ensures that it will have work for its employees in the current
economy.
Staff confirmed with the Contractor's State License Board that the contractor has· a current and
active license on file. The contractor has successfully completed numerous projects for the City,
including, most recently, the FY 2009 Tree Maintenance Project and the FY 20lO Stump
Removal Project.
RESOURCE IMPACT
Funds for this project are available in the Public Works Department Operations Division and
Refuse Division operating budgets.
For each additional year the contract is renewed, the contractor's hourly rate shall be adjusted by
a percentage equal to the change in the Consumer Price Index for the San Francisco-Oakland-
San Jose area. In no event shall the contractor's compensation rate be increased by an amount
exceeding five percent of the rate effective during the immediately preceding term.
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies.
ENVIRONMENTAL REVIEW
The recommended action is exempt from review under the California Environmental Quality Act
pursuant to CEQA Guidelines Section 15301(h) [maintenance of existing landscape].
CMR:298:1O Page 2 of3
ATTACHMENT A
CITY OF PALO ALTO CONTRACT NO.: C10135385
GENERAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into on the day of July, 2010, by and between the
CITY OF PALO ALTO, a California Chartered Municipal Corporation ("CITY"), and TRUGREEN
LANDCARE, a partnership, with offices located at 2000 Oakland Road, San Jose, CA 95131, Telephone
Nwnber: 408-321-8733 ("CONTRACTOR"). In consideration of their mutual covenants, the parties hereto
agree as follows:
1. SERVICES. CONTRACTOR shall provide or furnish the services ("Services") described in the
Scope of Services, attached as Exhibit A.
2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement:
181 "A" -Scope of Services 181 "B" -Schedule of Performance
181 "c" -Compensation 181 "D" -Insurance Requirements
D "E" -Performance and/or Payment Bond (not required for this project) D ''F'' -Liquidated Damages (Not applicable to this project)
CONTRACT IS NOT COMPLETE UNLESS ALL EXHIBITSARE ATTACHED.
3. TERM.
The term of this Agreement shall be from the date of its full execution through June 30, 2013
inclusive, subject to the provisions of Section Q and V of the General Terms and Conditions.
4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the
term of this Agreement in a reasonably prompt and timely manner based upon the circumstances
and direction communicated to CONTRACTOR, and if applicable, in accordance with the
schedule set forth in the Schedule of Performance, attached as Exhibit B. Time is of the essence in
this Agreement.
5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to
accept as not to exceed compensation for the full performance of the Services and reimbursable
expenses, if any:
The total maximum lump sum compensation of dollars ($ );OR
I'!l The sum of seventy dollars ($70.00) per hour, not to exceed a total maximum
compensation amount of two hundred eighty thousand dollars ($280,000.00) per each
contract year up to a maximum of three years; OR
o A sum calculated in accordance with the fee schedule set forth in Exhibit C, not to exceed
a total maximum compensation amount of dollars ($ ).
CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total
maximum compensation set forth above. Any hours worked or services performed by
CONTRACTOR for which payment would result in a total exceeding the maximum amount of
compensation set forth above for performance of the Services shall be at no cost to CITY.
The City has set aside the sum of dollars ($ ) for Additional Services.
CONTRACTOR shall provide Additional Services only by advanced, written
authorization from the City Manager or designee. CONTRACTOR, at the CITY's
request, shall submit a detailed written proposal including a description of the scope of
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CITY OF PALO ALTO CONTRACTNO.: CI0135385
services, schedule, level of effort, and CONTRACTOR's proposed maximum
compensation, including reimbursable expense, for such services. Compensation shall be
based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if
such rates are not applicable, a negotiated lump sum. CITY shall not authorize and
CONTRACTOR shall not perform any Additional Services for which payment would
exceed .the amount set forth above for Additional Services. Payment for Additional
Services is subject to all requirements and restrictions in this Agreement.
I 6. COMPENSATION DURING ADDmONAL TERMS.
['J CONTRACTOR'S compensation rates for each additional term shall be the same as the
original terin; OR
El CONTRACTOR's compensation rates shall be adjusted effective on the commencement
of each Additional Tenn. The lump sum compensation amount, hourly rate;s, or fees,
whichever is applicable as set forth in section 5 above, shall be adjusted by a percentage
equal to the change in the COnsumer Price Index for Urban Wage Earners and Clerical
Workers for the San Francisco-Oakland-San lose area, published by the United States
Department of Labor Statistics (CPI) which is published most immediately preceding the
commencement of the applicable Additional Term, which shall be compared with the CPI
published most immediately preceding the commencement date of the then expiring term.
Notwithstanding the foregoing, in no event shall CONTRACTOR's compensation rates
be increased by an amoUnt exceeding five percent of the rates effective during the
immediately preceding term. Any adjustment to CONTRACTOR's compensation rates
shall be reflected in a written amendment to this Agreement.
7. INVOICING. Send all invoices to the CITY, Attention: Project Manager. The Project Manager
is: Eric Krebs, Public Works Department, 3201 East Bayshore Road, Palo Alto, CA 94303,
Telephone: 650-496-6905. Invoices shall be submitted in arrears for Services performed.
Invoices shall not be submitted more frequently than monthly. Invoices shall provide a detailed
statement of Services performed durihg the invoice period and are subject to verification by CITY.
CITY shall pay the undisputed amount of invoices within 30 days of receipt.
GENERAL TERMS AND CONDITIONS
. A. ACCEPTANCE.' CONTRACTOR accepts and agrees to all terms and conditions of this
Agreement. This Agreement includes and is limited to the terms and conditions set forth in
sections 1 through 6 above, these general terms and conditions and the attached exhibits.
B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and
qualifications to complete the services described in Section 1 of this Agreement, entitled
"SERVICES:' and that every individual charged with the performance of the services under this
Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such
licensing or certification is required by law, to perform the Services. CITY expressly relies on
CONTRACTOR's representations regarding its skills, knowledge, and certifications.
CONTRACTOR shall perform all work in'accordance with generally accepted business practiCes
and performance standards of the industry, including all federal, state, and local operation and
safety regulations.
C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this
Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be
considered an independent CONTRACTOR and not an agent or employee of CITY.
CONTRACTOR shall be responsible for employing ot engaging all persons necessary to complete
.. th~ work required 1.Ulder .this Agreem~nt. .
D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services
under this Agreement unless CONTRACTOR obtains prior written consent of CITY.
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/ I
CITY OF PALO ALTO CONTRACT NO.: ClO135385
CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and
for any compensation due to subcontractors.
E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees,
contributions or charges applicable to the conduct of CONTRACTOR's business.
F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services
comply with all applicable federal, state and local laws, ordinances, regulations, and orders ..
G. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole
expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or
private property that occurs in connection with CONTRACTOR's performance of the Services.
CITY may decline to approve and may withhold payment in whOle or in part to such extent as
may be necessary to protect CITY from loss because of defective work not remedied or other
damage to the CITY occurring in connection with CONTRACTOR's performance of the Services.
CITY shall submit written documentation in support of such withholding upon CONTRACTOR's
request. When the grounds described above are removed, payment shall be made for amounts
withheld because of them. '
H. WARRANTIES. CONTRACTOR expressly warrants that all services provided under this
Agreement shall be performed in a professional and workmanlike manner in accordance with
generally accepted business practices and performance standards of the industry and the
requirements of this Agreement.' CONTRACTOR expressly warrants that all materials, goods and
equipment provided by CONTRACTOR under this Agreement shall be fit for the particular
purpose intended, shall be free from defects, and shall conform to the requirements of this
Agreement. CONTRACTOR agrees to promptly replace or correct any material or service not in
compliance with these warranties, including incomplete, inaccurate, or defective material or
service, at no further ,cost to CITY. The warranties set forth in this section shall be in effect for a
period of .one year from completion of the Services and shall survive the completion of the
Services or termination of this Agreement.
I. MONITORING OF SERVICES. CITY may monitor the Services performed under this
Agreement to determine whether CONTRACTOR's work is completed in a satisfactory manner
and complies with the provisions of this Agreement.
J. CITY'S PROPERTY. Any reports, information, data or other material (including copyright
interests) developed, c~lected, assembled, prepared, or caused to be prepared under this
Agreement will become the ;property of CITY without restriction or limitation upon their use and
will not be made available to any individual or organization by CONTRACTOR or its
subcontractors, if any, without the prior written approval of the City Manager.
K. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at
any reasonable time during the term of this Agreement and for three (3) years from the date of
final payment; CONTRACTOR's records pertaining to matters covered by this Agreement.
CONTRACTOR agrees to maintain accurate books and records in accordance with generally
accepted accounting principles for at least three (3) following the terms of this Agreement. . i
L. NO IMPLIED WAIVER. No payment, partial payment, acceptance~ or partial acceptance by .
CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement.
M. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during
the term of this Agreement, the insurance coverage described in Exhibit D. Insurance must be
provided by companies with a Best's Key rating of A-:VII or higher and which are otherwise
acceptable to the City'S Risk Manager. The City's Risk Manager must approve deducnbles and
"self-insuredretentions; In addition, all policies, endorsements, certificates andlor:bindersare .'
subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a
policy endorsement naming the City of Palo Alto as an additional insured under any general
liability or automobile policy. CONTRACTOR shall obtain an endorsement stating
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CITY OF PALO ALTO CONTRACT NO.: C10135385
that the insurance is primary coverage and will not be canceled or materially reduced in coverage
or limits until after providing 30 days prior written notice of the cancellation or modification to the
City's Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence
of coverage satisfactory to CITY's Risk Manager, together with the required endorsements and
evidence of payment of premiums, to CITY concurrently with the execution of this Agreement
and shall throughout the term of this Agreement provide current certificates evidencing the
required insurance coverages and endorsements to the CITY's Risk Manager. CONTRACTOR
shall include all subcontractors as insured under its policies or shall obtain and provide to CITY
separate certificates and endorsements for each subcontractor that meet all the requirements of this
section. The procuring. of such required· policies of insurance shall not operate to limit
CONTRACTOR's liability or obligation to indemnify CITY under this Agreement.
N. HOLD HARMLESS. To the fullest extent permitted by law and without limitation by the
provisions of section M relating to insurance, CONTRACTOR shall inderimify, defend and hold
. harmless CITY, its Council members, officers, employees and agents from and against any and all
demands, claims, injuries, losses, or liabilities of. any nature, including death or injury to any
person, property damage or any other loss and including without limitation all damages, penalties,
fines and judgments, associated investigation and administrative expenses and defense· costs,
including, but not limited to reasonable attorney's fees, courts costs and costs of alternative
dispute resolution), arising out of, or resulting in any way from or in connection with the
performance of this Agreement. The CONTRACTOR's defense obligations under this Section
apply regardless of whether or not a liability is caused or contributed to by any negligent (passive
or active) act or omission of CITY, except· that the CONTRACTOR shall not be obligated to
indemnify for liability arising from the sole negligence or willful misconduct of the CITY. The
acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification.
The provisions of this Section survive the completion of the Services or termination of this
Contract.
O. NON.DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510,
CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in
the employment of any person because of the race, skin color, gender, age, religion, disability,
national origin, .ancestry, sexual orientation, housing status, marital status, familial status, weight
or height of such person. CONTRACTOR acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of
Section 2.30.51 0 pe~aining to nondiscrimination in employment.
P. WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement, certifies that
it is aware of the provisions of the Labor Code of the State of California which require every
employer to be insured against liability for workers' compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that it will comply with such
provisions, as applicable, befo~e commencing and during the performance of the SerVices.
Q. TERMINATION. The City Manager may temnnate this Agreement without cause by giving ten
(10) days' prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perfonn any
of its material obligations under this Agreement, in addition to all other .remedies provided by law,
the City Manager may terminate this Agreement immediately upon written notice of termination.
Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue
performance. CITY, CITY shall pay CONTRACTOR for services satisfactorily perfonned up to
the effective date of tertnhtation.· It the termination if for cause, CITY may deduct from such
payment the amount of actual damage, if any, sustained by CITY due to Contractor's failure to
perfonn its material obligations under this Agreement. Upon termination, CONTRACTOR shall
immediately deliver to the City Manager any and all copies of studies, sketches, drawings,
computations, and other material or products, whether or not completed, prepared by
. CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. . Such materials
shall become the property of CITY.
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R. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and
assigns to all covenants of this Agreemetit. This Agreement shall not be assigned or transferred
without the prior written consent of the CITY. No amendments, changes or variations of any kind
are authorized without the written consent of the CITY.
S. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants that it
presently has no interest, and will not acquire any interest, direct or indirect, financial or
otherwise, which would conflict in any manner or degree with the performance of this Contract.
CONTRACTOR further covenants that, in the performance of this Contract, it will not employ
any person having such an interest. CONTRACTOR certifies that no City Officer, employee, or
authorized representative has any fmancial interest in the business of CONTRACTOR and that no
person associated with contractor has any interest, direct or indirect, which could conflict with the
faithful performance of this Contract. CONTRACTOR agrees to advise CITY if any conflict
arises.
T. GOVERNING LAW. This contract shall be governed and interpreted by the laws of the State of
California.
U. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire
agreement between the parties with respect to the services that may be the subject of this
Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the
Agreement itself controls over any conflicting provisions in the exhibits. This Agreement
supersedes all prior agreements, representations, statements, negotiations and undertakings
whether oral or written.
v. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of
the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without
any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the
following fiscal year, or (b) at any time within a fiscal year in the event that funds are only
appropriated for a portion of the fiscal year and funds for this 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 Contract.
W. ENVIRONMENTALLY PREFERRED PURCHASING. CONTRACTOR shall comply with
the City's Environmentally Preferred Purchasing policies which are available at the City's
Purchasing Department which are incorporated by reference and may be amended from time to
. time.
X. AUTHORITY. The individual(s) executing this Agreement represent and warrant that they have
the legal capacity and authority to do so on behalf of their respective legal entities.
Y. CONTRACT TERMS: All unchecked boxes do not apply to this Contract.
ADDITIONAL TERMS AND CONDITIONS UNDER TIllS CONTRACT:
CONTRACTOR acknowledges the pending unrelated claims asserted against the CITY by residents
identified as City Claim Nos. C08122 (for subrogation by State Farm Insurance Companies arising out of
claims by Mike & Cheryl Piha) and C09010 (by Gideon and Bina Ben Efraim). CONTRACTOR and CITY
have agreed to resolve the matters and are in the process of fmalizing the settlement paperwork.
CONTRACTOR has previously agreed to indemnify the CITY for these claims. The validity of the present
General Services Agreement is hereby expressly made subject to satisfaction of those settlement
obligations by CONTRACTOR, which the parties agree is a condition precedent to the validity and
enforceability of the present agreement.
5 Rev. December 1, 2009
\\CC-TERRA\jarreol\PURCHDOc\SAP Bids and Proposals\RFQ\RFQI35385 Tree Maintenance Services\Contract CI0135385
TRUGREEN LANDCARE.doc
SCOPE OF WORK SECTION 01010
PART 1
1.01
A.
1.02
A.
B.
C.
PART 2
PART 3
SUMMARY OF WORK )
GENERAL
GENERAL CONDITIONS
The General Conditions for this Request For Quotations (RFQ) shall be in
accordance with the General Provisions of the City of Palo Alto Standard
Drawings and Specifications. In case of conflict, the Project Specifications
shall take precedence over the City of Palo Alto Standard Drawings and·
Specifications.
WORK COVERED BY CONTRACT
The work of this Contract comprises the City of Palo Alto Tree Maintenance
Services, Project Number 135385, located in Palo Alto, California.
The work of this Contract includes, but is not limited to, priority tree
maintenance (pruning and removing) as identified by the updated Street Tree
Inventory; routine pruning; tree removals; and storm damage cleanup~.
The work of this Contract includes, but is not limited to, the work of the
following sections:
1. Section 01 025 ~ Measurement and Payment.
2. Section 01040 -Coorqination.
3. . Section 01200 ~ Project Meetings.
4. Section 01400 -Quality Cpntrol.
5. Section 01510 ~ Temporary Utilities.
6. Section 01540 -Security ..
7. Section 01570 -Traffic Control.
8. Section 02975 -Tree Maintenance Work.
PRODUCTS (NOT USED) .
EXECUTION (NOT USED)
END OF SECTION
CITY OF PALO ALTO RFQ 135385 Page 1 of 1
SCOPE OF WORK SECTION 01025
PART 1
1.01
A.
1.02
A.
B.
1.03
GENERAL
SUMMARY
MEASUREMENT AND PAYMENT
Payment for the various items in the bid schedule, as further specified
herein, shall include full compensation to the Contractor for furnishing all
labor, materials, tools, equipment and incidentals, and for doing all the work
involved in completing the various items of Work as shown on the Plans and in the Specifications.
Work not specifically set forth as a pay item in the Bidder's Bid proposal, but
. called for in the Contract: Specifications or necessary to meet the
requirements ofthis Contract, shall be considered a subsidiary obligation of
the Contractor, and all costs in connection therewith shall be included in the Wd. .
No separate payment will be made for any item that is not speciftcallyset
forth in the bid schedule except by change order and all costs therefore shall
be included in the prices named in the bid schedule for the various
appurtenant items of work.
All work not meeting the Contract Specifications, unless otherwise approved
by the City, shall be reworked at the Contractor's expense.
INVOICING
The Contractor shall submit an invoice at the ana of each calendar month for
all work fully completed during that month. The invoice shall identify each
crew and specify hours Invqiced for each crew.
The City will prqmptly rev~ew all invoices submitted by the Contractor. Any
invoice· that the City determines is not proper will be returned to the
Contractor with a written explanation of the reasons for the City's
determination. Any invoice that is properly submitted and undisputed by the
City will be processed for payment and will be paid in full; retention will not be
withheld.
CHANGE ORDERS
CITY OF PALO ALTO RFQ 135385 P~ge 1 of3 ,
SCOPE OF WORK SECTION 01025
MEASUREMENT AND PAYMENT
A. The City may require changes in, additions to, or deductions from the Work
to be performed orthe materials to be furnished underthe Contract pursuant
to the provi'sions of the Contract documents.
PART 2
No change to the Work shall be made or extra work performed or deduction
from the Work made unless in pursuance of a written Change Order from the
City, and signed by the Project Manager stating that the change, addition, or
deletion, or any combination thereof, is authorized. No claim for additional
payment shall be considered unless so ordered.
, Adjustment to the Contract Price by reason of a duly authorized Change
Order will be determined on the basis of one or more of the following
methods, at the option oNbe Project Manager:
1. On the basis of applicable and appropriate unit and/or hourly prices
stipulated in the Contract.
2. On the basis of an acceptable lump sum proposal from the Contractor
in response to a quotation request.
3. On the basis of actual necessary cost plus fifteen (15) percent to
cover superintendence, general expense and profit, hereinafter
referred to as "Force Account".
Force account work, if ordered, shall be adjusted and certified daily on record
sheets acceptable to the Project Manager and signed by both the Project
Manager and the Contractor. Such daily report sheets shall thereafter be
considered as the true record of force account work done.
Actual necessary costs shall, include labor, equipment, and materials.
Computation of labor costs shall include wages paid for workers including
any employer payments of payroll taxes, workers compensation insurance,
,liability insurance, health and welfare, pension, vacation, apprenticeship
funds, and other direct costs resulting from Federal, State Or local,laws.
Equipment costs shall be on the basis of generally accepted rental schedules
for the locality. Material costs shall be supported by a supplier's invoices.
PRODUCTS (NOT USED)
CITY OF PALO ALTO RFQ 135385 Page 2 of3
SCOPE OF WORK SECTION 01025
MEASUREMENT AND PAYMENT
PART 3 EXECUTION
3.01 TREE MAINTENANCE WORK (BID ITEM 1)
A. Measurement: This item will be measured on a per hour basis (to the
nearest quarter hour) for each two (2) person crew. Time at the Municipal
Service Center, landfill, job site(s) and travel time between job sites will be .
measured. Travel time to and from Palo Alto will not be measured.
Lunchtime will not be measured.
8. Payment: This item will be paid on a per hour basis (to the nearest quarter
hour) for each two (2) person crew. A three (3) person crew, when approved
and deemed appropriate by the Project Manager, will be paid at one and
one-quarter times the rate of the two (2) person crew. Payment will include
full compensation for furnishing all labor, materials, tools, equipment and
incidentals, and for doing all the work involved in completing this item of work
as shown on the Plans and in the Specifications. The City will not pay for
non-productive time due to vehicle or equipment breakdowns, or lack of
p(oper equipment to do the job. Overtime work shall only be authorized by
the Project Manager. Contractor shall charge the City no more than the
minimum overtime rate required by federal and state law. Emergency crews
will be paid only for the hours worked on the job, not for "standby" time,
outside the normal working hours. The City will pay up to one hour from the
time of the call out to arrival at the work site ..
END OF SECTION
/~-.
CITY OF PALO ALTO RFQ 135385 Page 30f3
SCOPE OF WORK . SECTION 01040
COORDINATION
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Hours of work.
B. Daily schedule .
. C. City representation.
PART 2 PRODUCTS (NOT. USED)
PART 3 EXECUTION
3.01 HOURS Of WORK
A. The Contractor shall limit its operations to the hours between 8:00 a.m. and
4:00 p.m. and to the days of Monday through Friday. Crews shall be at the
work site and ready to start work by 8:00 a.m.
B. The Contractor shall not work on City holidays. City holidays are: .
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July4
First Monday in September
Second Monday in October
November 11·' .
Thanksgiving Day
Day after Thanksgiving
December 20-24
In the event that any of the forementioned holidays falls on a Sl,Inday, the
following Monday shall be considered a holiday; In the event that any of the
forementioned holidays falls on a Saturday. the preceding Friday shall be
considered a holiday.
CITY OF PALO ALTO RFQ 135385 Page 1 of2
SCOPE OF WORK SECTION 01040
3.02
COORDINATION
DAILY SCHEDULE·
A. The Contractor's project superintendent and the Contractor's crews shall
report to the Project Manager at 8:00 a.m. each day at the Municipal Service
Center, 3201 East Bayshore Road, Palo Alto or at a field location designated
by the Project Manager.
B. The Project Manager will provide a verbal or written work schedule each day.
C. The Project Manager will determine when weather or other conditions
prevent safe or efficient work operations. If work operations are canceled
after the work day has started (8:00 a.m.) the Contractor will be credited with
two (2) hours per crew or the actual hours worked, whichever is greater.
D. The Contractor shall provide the City with hourly tree maintenance crews for
emergency services after the normal work hours of 8:00 a.m. to 4:00 p.m.
when requested by the Project Manager. The Contractor's project
superintendent or project manager shall be responsible for coordinating
these crews with the City's Project Manager.
3.03 .CITY REPRESENTATION
'A. The Project Manager will appoint an agent or an employee to represent him
on the job site. Such representative,. acting within the scope of duties
assigned, will provide the following services and assistance:
1. Coordination between Project Manager and Contractor.
2.· Review of the Contractor's performance of the Work . ...
3. Interpretation of the Plans, Specifications and Contract Documents.
4. Review of Contractor's progress payment estimates.
END OF SECTION
CITY OF PALO ALTO RFQ 135385 Page 2 of2
SCOPE OF WORK SECTION 01200
PROJECT MEETINGS
PART 1 GENERAL
1.01
A.
B.
1.02
A.
SECTION INCLUDES
Pre-construction conference.
Monthly project meetings.
MINUTES
The Project Manager will compile minutes of the pre-construction conference
and each monthly meeting and will distribute copies to the City and the
Contractor ..
1.03 REPRESENTATION
A. . Contractor representative(s) attending meetings shall be qualified and
authorized to act on behalf of the Contractor. .
. 1.04 SUBMITTALS
A. The Contractor shall submit a list of personnel, their qualifications and
. eqUipment to be used on this project to the Project Manager for review and
approval seventy-two (72) hours before the pre-construction conference.
The equipment list shall include mak~, model and year of vehicles; aerial lift
height, chipper box capacity; tools and safety equipment for each crew.
B. Contractor should also include on list above any specialized equipment and
operators that would.be available for non-routine work.
PART 3 EXECUTION
3.01 PRE-CONSTRUCTION CONFERENCE
A. The Contractor and the Contractor's project superi"ntendent shall attend a
pre-construction conference within twenty-one (21) calendar days after
Award of Contract to discuss the scope of work and sequence of operations.
B. The pre-construction conference will be held at the Public Works Operations
CITY OF PALO ALTO RFQ 135385 Page 1 of 2
SCOPE OF WORK SECTION 01200
3.02
A.
B.
PROJECT MEETINGS
office, Building C of the Municipal Service Center, 3201 East Bayshore
Road, Palo Alto. .
MONTHLY PROJECT MEETINGS
The Contractor and the Contractor's project superintendent shall attend
monthly project meetings and specially called meetings throughout progress
of the Work.
The monthly project meetings will be held at the Public Works Operations
office, Building C of the Municipal Service Center, 3201 East Bayshore
Road, Palo Alto or at field locations designated by the Project M.anager.
END OF SECTION
CITY OF PALO ALTO RFQ 135385 Page 2 of2
SCOPE OF WORK SECTION 01400
QUALITY CONTROL
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Co.mpany requirerT!ents.
B. Project Superintendent.
C. Personnel and equipment requirements.
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION
1.01 COMPANY REQUIREMENTS
A. Contractor shall have sufficient labor and equipment resources to perform
the work of this project in a safe and efficient manner.
B Contractor's local office shall be located within 100 miles and Contractor's
yard shall be located within 25 miles of the Palo Alto city limits.
C. Contractor shall possess a valid State of California contractor's license in
Class C-27 (Landscaping) or C-61/D-49 (Tree Service). A contractor with a
C-27 Landscaping contractor's license must have staff within the crews
assigned to the City's project which are certified as required by the City.
1.02 PROJECT SUPERINTENDENT
A. All work shall be performed under the supervision of the Contractor's
thoroughly experienced and qualified Project Sup~rintendent who shall be on
the Project site at all times. The Project Superintendent will be subject to the
approval of the Project Manager.
B. The person deSignated as Project Superintendent shall have direct charge of
the Work and shall be authorized to accept and execute all orders and·
directives issued by the Project Manager. The Project Superintendent shall
be readily available for consultation with the Project Manager.
CITY OF PALO ALTO RFQ 135385 Page 1 of2
SCOPE OF WORK SECTION 01400
QUALITY CONTROL.
C. The Project Superintendent shall have a functioning cellular telephone
immediately available during work hours and the telephone number shall be
furnished to the Project Manager. .
D. The Contractor shall not change its designated Project Superintendent
without written notification to the City seventy-two (72) hours in advance.
The Rew Project Superintendent will be subject to the approval ofthe Project
Manager.
E. Breach of these provisions may constitute just cause for suspension of the
Work until a qualified and acceptable superintendent is assigned to the
Project.
1.03 PERSONNEL AND EQUIPMENT REQUIREMENTS
A. Each creW shall include an ISA Certified Arborist, Certified Treeworker, or
equivalent approved by the Project Manager, with a minimum of three (3)
years current ornamental pruning experience.
B. Each crew shall include at least one climber.
C. Personnel and equipment shall be qualified in accordance with all CalOSHA
rules and regulations that apply to tree work.
Personnel and equipment shall meet all requirements of CalOSHA that apply
to tree work near overhead electrical conductors.
D. Each crew shall be equipped with an aerial lift truck (55 feet working height
and chipper body), disc chipper (minimum 12" capacity), chain saws, hand
saws, pole pruners, pole saws, loppers, climbing and personal safety gear,
traffic control signs and other equipment necessary to perform the work.
E. Contractor shall provide three (3) crews each day.
END OF SECTION
CITY OF PALO ALTO RFQ 135385 Page 2 of 2
SCOPE OF WORK . SECTION 01510
TEMPORARY UTILITIES·
PART 1 GENERAL
1.01 SEOTION INCLUDES .
A. Provide water facilities.
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION
3.01 PROVIDE WATER FACILITIES
A. The Contractor shall provide and maintain adequate drinking water facilities
at locations easily accessible to workers during working hours.
B. The Contractor shall provide all water necessary for performing the work.
C. The Contractor shall not use residential or business water services for any
purpose.·
END OF SECTION
CITY OF PALO ALTO RFQ 135385 Page 1 of 1
SCOPE OF WORK SECTION 01540·
",
PART 1
1.01
A.
B.
C.
D.
PART 2
PART 3
3.01
A.
3.02
A.
GENERAL
SECTION'INCLUDES
Job site safety.
Protection of property ..
Protection of utilities'.
SECURITY.
Site use and maintenance.
PRODUCTS (NOT USED)
EXECUTION
JOB SITE SAFETY
The Contractor shall be solely and completely' responsible for job site
conditions and safety during the term of the Contract. This obligation shall
include the safety of all persons within or affected by the line of construction
and all public and private property affected by the Work.
The .. Contractor's responsibility shall be continuous and not be limited to
working hours or days, and shall not cease until formal acceptance of the
Work by the City except that if the City should make partial acceptance of the
Work, the Gontractor'~ responsibility for the portion of the Work so accepted
shall thereupon cease, except for latent errors in the Work or faulty
construction. The Contractor shall defend, indemnify, and hold harmless the
City, its officers, consultants, agents and employees, and the Engineerfrom
any and all liability, real or alleged, resulting from the Contractor's operations, "
except for liability arising from the sole negligence of the City,et al.
PROTECTION OF PROPERTY
The Contractor shall be responsible for the protection of all improvements on
both public and private property within and adjacent to the work area and .
shall take all precautic;>ns necessary to prevent damage to such
improvements.
CITY OF PALO ALTO RFQ 135385 Page 1 of3
SCOPE OF WORK SECTION 01540
SECURITY
The Contractor shall provide plywood and supports as needed to provide
adeql!ate protection at designated sites.
Contract crews shall take care in removing branches from private property to
prevent damage to house siding, fences and gates.
Limbs and trunk sections that cannot be easily controlled by hand shall be
lowered by rope or cut into smaller pieces to prevent damage to .
improvements.
B. The Contractor shall report all damage to public and private improvements to
the Project Manager on the day upon which the damage occurs. The
Contractor shall notify the owner of damaged private improvements in writing
the same·day.
C. The Contractor shall repair or replace all damaged improvements in a
manner satisfactorY to the Project Manager and any private property owner
involved. The Contractor shall complete the repair or replacement, at
Contractor's expense, within seventy-two (72) hours from the time damage
occurs.
D. Improvements shall include, but· not be limited to, turf, trees, vegetation,
,;pavements, irrigation systems, fences, and structures ..
3.03 PROTECTION OF UTILITIES
A. The Contractor shall be respon~ible for the protection of all utilities on both
public and private property within and adjacent to the work area and shall
take all precautions necessary to prevent damage to such utilities.
B. The Contractor shall report all damage to public and private utilities to the
Project Manager and the respective utility company within one (1 ) hour of the
time damage occurs. The Contractor shall notify the resident and owner of
any property affected by a damaged utility within one (1) hour of the time
damage occurs. .
C. The City will repair City utilities.damaged by Contractor's operations. The
cpst of repairs performed by the City will not be deducted from the Contract . . ...
CITY OF PALO ALTO RFQ 135385 Page 2 of3
SCOPE OF WORK SECTION 01540
SECURITY
price, bu~ shall be paid independently by the Contractor to the City.
D. The Contractor shall repair or replace all nonwCity utilities damaged by its· .
operations, at Contractor's expense. The Contractor shall complete repair or
replacement ·of all essential utilities (including telephone, electrical, water and
gas) the same day damage occurs. All other repair or replacement shall be
completed within seventy-two (72) hours of the time damage occurs. .
E. Utilities shall include, but not be limited to, water, gas, sanitary sewer, storm .
drain system, electrical power, street lighting, traffic signals, signal detector
loops, telephone, cable television and fiber optic.
3.04 SITE USE AND MAINTENANCE
A. The Contractor shall clean the work area, at the end of each working day, to
a condition at least equal to that which existed before the start of work.
, . ,
B. The Contractor shall remove all equipment and materials from City property
at the ·end of each working day, and at other times when the work is·
suspended fqr any reason .. The Contractor shaU not use City property for the
overnight storage of equipment and materials.
C. The Contractor shall not use private property within the City limits of Palo
Alto for the storage and staging of equipment arid materials without written
agreement of the property owner. The Contractor shall submit a copy of the
. agreement ~o the Project Manager.
END OF SECTION
' .. !
CITY OF PALO ALTO RFQ 135385 Page 30f3
SCOPE .oF WORK SECTION 01570
TRAFFIC CONTROL
\
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Provide traffic control.
B. Post "No Parking" signs.
1.02 REFERENCES
A. The current edition of the Standard Specifications of the Department of
Transportation, State of California,· hereinafter referred to as the Caltrans
Standard Specifications.
B. The -current edition of the California Manual on Uniform Traffic Control
Devices PART 6 -Temporary Traffic Control of the Department of
Transportation, State of California, hereinafter referred to as the California
.MUTCD.
PART 2 PRODUCTS
2.01 TRAFFIC CONTROL DEVICES
A.. Cones: 28" high and conforming to Section 12-3.10 of the Caltrans Standard
Specifications. .
B. Barricades: Type II and III conforming to Section 6F.63 of the California
MUTCD. Each barricade shall be equipped with a Type A low intensity
flashing warning light conforming to Section 6F.78 of the California MUTCD.
C. Signs: Portable signs and bases conforming to Section 12-3.06 of the
Caltrans Standard Specifications and Chapters 6F and 6H of the California
MUTCD. Signs shall not be mounted on barricades or vehicles.
D. Flashing Arrow Signs: Solar and/or battery powered and conforming to·
Section 6F.56 of the California MUTeD.
E. Flagger Equipment: Conforming to Chapter 6E and Section 6F.29 of the
California MUTCD.
CITY OF PALOAL TO RFQ 135385 Page 1 of 3
SCOPE OF WORK SECTION 01570
TRAFFIC CONTROL
F. Tape: 3 inches wide, yellow vinyl barrier tape with black letters stating
"Caution".
G. "No Parking" signs: Furnished by the City.
PART 3 EXECUTION
3.01 PROVIDE TRAFFIC CONTROL
A. The Contractor shall provide traffic control .. for all operations and shall
conduct all operations so as to cause the least possible obstruction and
inconvenience to the general public and vehicle, bicycle and pedestrian
traffic.
B. The Contractor shall furnish, place and maintain all necessary traffic control
devices during its operations in conformance with the applicable
requirements of this section and the California MUTCD. .
C. The Contractor shall notify the City of Palo Alto Police Department -
Communication Division at (650) 329-2413 on a daily basis of significant
traffic control measures.
D. The Contractor shall use a flashing arrow sign for lane closures on multilane
streets and shall restrict lane closures on multilane streets to the hours of
9:00 a.m. to 4:00 p.m.
E. Specific traffic control procedures shall include, but not be limited to, the
following: .
1. Partial street closure, maintain two-way traffic, provide fla9gers and
. one traffic lane: This type of traffic control shall be used for partial
closures extending either the full length or a portion of the length of a
street. Part of the street shall be coned off, leaving a minimum width
of twelve (12) feet open for traffic. The Contractor shall maintain two-
way traffic on this street by utilizing at least two flaggers. The fJaggers
shall allow one direction of traffic at a time to travel in the one
remainingtwelve.(12) foot lane. Traffic control signs shall be placed
in appropriate locations at, in advance of, and after the closure.
CITY OF PALO ALTO RFQ 135385 Page 2 of 3
SCOPE OF WORK SECTION 01570
3.02
A
TRAFFIC CONTROL
Cones shall be used to separate the traffic from the work zone.
2. Partial street closure, maintain two-way traffic, provide two traffic
lanes: This type of traffic control shall be used for partial closures
extending either the full length or a portion of the length of a street.
Part of the street shall. be coned off, and two-way traffic shall be
maintained at all times by dividing the remainder 9f the street into two
twelve (12) foot wide traffic lanes. Traffic control signs shall be placed
in appropriate locations at, in advance of, and after the closure.
Cones shall be used to separate the traffic from the work zone.
3. Full lane closure on multilane street, maintain two-way traffic, provide
two traffic lanes minimum: This type oftraffic control shall be used for
lane closure on a multilane street extending either the full length or a
portion of the length of a street. The lane shall be coned off, and a
flashing arrow sign and cone taper used to shift traffic into the
adjacent lane. Traffic contraJ signs shall be placed in appropriate
locations at, in advance of, and after the closure. Cones shall be
used to separate the traffic from the work zone.
POST "NO PARKING' SIGNS
The 'City will post "No Parking" signs as needed.
END OF SECTION
CITY OF PALO ALTO RFQ 135385 Page 3 of 3
SCOPE OF WORK
TREE MAINTENANCE WORK
PART 1 GENERAL
1.01
1.02
A.
B.
C.
A.
SECTION INCLUDES
Pruning standards ..
'.
General pruning specifications .
. Debris disposal.
REFERENCES
International Society of Arboriculture (ISA)
P.O. Box 3129
Champaign, IL 61826
B. American National Standards Institute, Inc. (ANSI)
11 West 42nd Street
New York, NY 10036
C. . Government Order 95 (2007) .
California Public Utilities Commission
D. Migratory Bird Treaty Act of 1918
PART 2 PRODUCTS
2.01 DISINFECTANT
SECTION 02975
A. . Contact spray: Lysol or equivalent approved by the Project Manager.
PART 3 . EXECUTION
3.01 PRUNING STANDARDS
A. Pruning shall conform to th~ techniques and standards specified in the
current edition of ANSI A300 (Tree, Shrub and Other Woody Plant
Maintenance -Standard Practices). .
B. Climbing spurs' shall not be used on any tree to be pruned except in an
(
CITY OF PALO ALTO IFB 135385 Page 1 of4
SCOPE OF WORK SECTION 02975
TREE MAINTENANCE WORK
emergency situation (such as aerial rescue) or upon written authorization of
the Project Manager.
C. Pruning tools shall be sterilized with disinfectant before and after pruning
any elm tree. .
D. Contractor shall adhere to all restrictions of the Migratory Bird Treaty Act of
1918 as they apply to the work of this contract.
3.02 GENERAL PRUNING SPECIFICATIONS
A. General pruning specifications shall apply to all pruning work.
S. Limbs that are too heavy to safely support their own weight, whether due to
their length, diameter, a weak crotch or stru.ctural defect, shall be lightened
by thinning the end weight or heading back the ends. Where possible,
thinning is preferred over heading back. Conserve inner foliage as much as
possible by thinning and shortening.
C. Crossing or' crowded limbs or branches shall be thinned to improve the
structure and symmetry of the canopy.
D. Deadwood over 3/4 inch in diameter shall be removed.
E. Final cuts six (6) inches or greater in diameter must be approved by the
Project Manager.
F. Structural defects, including weak crotches, splits, cracks, broken cables and
decayed cavities, observed in a. tree shall be reported to the Project
Manager.
G. . Clearance of foliage shall be as follows:
1. Clearance over traffic lanes and bike lanes shall be a minimum of
fourteen (14) feet above pavement level.
2. Clearance over private property shall be a minimum of ten (10) feet
above ground level. Clearance from structures shall be a minimum of
ten (10) feet, vertical and horizontal.
CITY OF PALO ALTO IFB 135385 Page 2 of4
SCOPE OF WORK . SECTION 02975
TREE MAINTENANCE WORK
3. Clearance from street lights shall conform to Drawing A6. Clearance
from traffic signals, traffic signs and stop signs shall provide adequate
sight line distances to the signals or signs.
4. / Clearance from electric service drops is necessary only when
vegetation is putting a noticeable strain or abrasion on the line, or as
required by the Project Manager.
H. pruning specifications for selected species (General Specifications A-G shall
apply as well):
1; Liquidambar -Reduce end weight of side limbs by shortening them
back to significant laterals. These pruning cuts shall not exceed three
(3) inches in diameter. Superfluous leaders shall be removed or
suppressed by heading back.
2. Sycamore -Heavy, long horizontal branches shall be headed back to
a suitable lateral to prevent excessive end weights from growing.
Crossing branches or areas of tangled foliage shall be thinned using
small pruning cuts.
3. . Broadleaf Evergreen (Magnolia, Live Oak, Holly Oak, Camphor) -The
canopy shall remain closed to shade the interior of the tree.
Excessive vertical suckers shall be removed. Some heading or
thinning may be necessary where end weights are too heavy.
4. Chinese Elm -Light~n heavy end weights and raise canopy by
shortening ends back to significant laterals. Conserve inner foliage as
much as possible.
5. Eucalyptus -Reduce heavy end weights by shortening ends back to
significant laterals. Remove weakly attached sucker growth.
1\ Structural pruning of young trees shall conform to the section on training
young trees in the International Society of Arboriculture Best Management
Practices -Tree Pruning (2002).
J. Ivy growing on tree limbs and trunks shall be removed to ground level and
one (1) foot laterally from the trunk at ground level. Cutting shall be done
with hand toqls and shall not damage the tree trunk.
CITY OF PALO ALTO IFB 135385 Page 30f4
SCOPE OF WORK SECTION 02975
3.04
A.
B.
. C.
D.
E.
F.
TREE MAINTENANCE WORK
DEBRIS DISPOSAL
Contractor. shall comply with all Federal, State.and County regulations for
pests, including, but not limited to, Sudden Oak Death (SOD) and Light
Brown Apple. Moth. Contractor shall follow the Sudden Oak Death
Guidelines for Arborists (California Oak Mortality Task Force, 2008) when
working in SOD areas in order to limit the spread of this disease. .
Chippers shall only be run at 15-20 minute intervals. To minimize offensive
noise, chippers shall not be run continuously.'
Debris resulting from tree maintenance work shall be sorted as chips and
wood, and shall be removed from the work site daily~
The date for permanent closure of the Cityof Palo Alto Sanitary Landfill is
uncertain at this time. If closure should occur during the life of the contract
alternate disposal options within Palo Alto will be identified and will be made
available to the Contractor at no charge.
Clean chips shall be delivered to the compost area of the Palo Alto Sanitary
Landfill or to other City facilities as directed by the Project Manager.
Unchipped wood shall be cut into sections not to exc~ed eighteen (18)
inches in any dimension and shall be disposed of as follows:
1. Wood requested by the resident shall be neatly stacked on the
residerit's property.
2. Wood not requested by the resident shall be delivered to a specified
area of the Palo Alto Sanitary Landfill.
3. All elm wood shall be delivered to a specified area of the Palo Alto
Sanitary Landfill.
4. Unchipped palm fronds and/or trunk pieces shall be taken to the
garbage area of the Palo Alto Sanitary Landfill.
END OF SECTION -'
CITY OF PALO ALTO IFB135385 Page 4 of 4
j
CITY OF PALO ALTO CONTRACT NO.: ClO135385
EXHIBITB
SCHEDULE OF PERFORMANCE
CONTRACTOR shall perform the Services so as to complete each task within the time period specified
below. The time to complete the scope of service may be increased or decreased by mutual written
agreement of the project managers for CONTRACTOR and CITY so long as all work is completed within
the term of the Agreement.
Task
1. On-going Tree Maintenance S~rvice
1
Fora
period of
3 Years
Rev. December I, 2009
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....... . EXHIBIT ~
.'
BIDDER (COMPANy):_' _·:r-L....I-v...vq ...... 8..:c..,;r,{:>.clt'"""()'-<--....... Ua=n-"-=d-"c.a=·-"-~.....:t,~ ___ DATE: 511',1 (0.
SPECIFICATIONS ~ND BIDDER BID PAGES *** REVISED *** SECTION III
Bidder's Response and Acceptance
In response to this Request for Quotations (RFQ), the undersigned, as Bidder, declares that the only
persons or parties interested in this Bid as principals are ~ose named herein; that this Bid i~ made
without collusion with any other persori, firm or corporationj that the Bidder has carefully examined
the specifications herein referred tOj and the Bidder proposes and agrees, if this Bid Is accepted, that
the Bidder will contract with the City of Palo Alto (City), to provide all necessary materials and/or
services, and furnish the specified requirements in this RFQ, in the manner herein prescrib~d and at
the prices stated. .
Proj~ct Title: Tree Maintenance Services; Request for Quotations (RFQ) number135385
Quotation Due Date: 3:00 p.m .. Tuesday, May 18, 2010.
BID DESCRIPTION AND SCHEDULE·
The City of Palo Alto is inviting bids for hourly tree maintenance work for a period of three years. The work
will include, but not be limited to, priority tree maintenance (pruning and removing) as identified by the
updated Street Tree Inventory; routine pruning; tree removals; and storm damage cleanup.
The work of this project will be awarded as a not to exceed amount of $280,OOO.per contract year. The
contract amount represents the funds available for the work and is not a guarantee of the actual
expenditures. .
Contractor shall bid an hourly rate for each two (2) person crew with aerial lift truck (55 feet working height
and chipper body), disc chipper (minimum 12" capacity) and eqUipment to perform the. work. Each crew shall
include an ISA Certified Arborist, Certified Treewor.ker, or equivalent approved by the Project Manager, with
a minimum of three (3) years current ornamentEd pruning experience. Each crew shall include one (1) .
climber. Contractor shall provide three crews as specified above each day.
EST.CREW CREW
ITEM HOURS PER DESCRIPTION, WITH HOURLY RATE IN WORDS HOURLY EXT.
YEAR RATE AMOUNT
01 2,800 $ TO. of) $ "",000 Tree Maintenance Work by a two (2) person crew with
equipment:
(Hourly Rate in words:
S'~'YlnJ 'DQllttu.:s )
Price Increases
CONTRACTOR's compensation rates shall be. adjusted effective on the commencement of each Additional
Term. The hourly rates as set forth above, shall be adjusted by a percentage equal to the change in the
Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-San
Jose area, published by the United States Department of Labor Statistics (CPI) which is published most
immediately preceding the commencement of the applicable Additional Term, which shall be compared with
the CPI published most immediately preceding the commencement date of the then expiring term. .
Notwithstanding·the foregoing,irino everit shalftbNtRACfOR's compensatlon'rates be increased by an
amount exceeding five percent of the rates effective during the immediately preceding term. Any adjustment
to CONTRACTOR's compensation rates shall be reflected in a written amendment to this Agreement.
CITY OF PALO ALTO RFQ 135385 *** ADDENDUM ONE *** PAGE 1 OF2
I
\ !
J
CITY OF PALO ALTO CONTRACT NO.: ClO135385
EXHmITD
INSURANCE REQUIREMENTS
CONTRACTORS TO THB CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM
OF TIlE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE
SPECIFIED BBLOW, AFFORDED BY COMPANIES WITH AM BEST'S KEY RATING OF A.:VII, OR
mGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF
CALIFORNIA.
AWARD IS CONTINGENT'ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED,
BELOW:
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT~, EACH
YES
YES
YES
YES
NO
YES
OCCURRENCE AGGREGATE
WORKER'S COMPENSATION STATUTORY
EMPLOYER'S LIABILITY STATUTORY
BODILY INJURY $1,000,000 $1,000,000
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000
PROPERTY DAMAGEBLANKBT
CONTRACTUAL, AND FIRE LEGAL ,BODILY INJURY & PROPERTY $1,000,000 $1,000;000
LIABILITY DAMAGE COMBINED.
BODILY INJURY $1,000,000 $1,000,000 -EACH PERSON $1,000,000 $1,000,000
AUTOMOBILE LIABILITY, -EACH OCCURRENCE $1,000,000 $1,000,000
INCLUDING ALL OWNED, HIRED, PROPERTY DAMAGE' $1,000,000 $1,000,000 NON-OWNED
BODILY INJURY AND PROPERTY $1,000,000 $1,000,000
DAMAGE, COMBINED
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMIS~IONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE ALL DAMAGES $1000,000
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 'fIlE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE
INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND
ITS .SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTIO~ OF WORKER~'
COMPENSATION, EMPLOYER'S LIABIT..ITY.AND PROFESSIONAL INSURANCE, NAMING AS
ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGB MUST INCLUDE:
A. APROVISION FOR A WRITIBN lliIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE
IN COVBRAGE OR OF COVBRAGE CANCBLLATION; AND
B. A CONTRACTUAL LIABILITY BNDORSEMENT PROVIDING INSURANCE COVBRAGE
FOR CONTRACTOR'S AGREBMENT TO INDEMNIFY CITY.
C. DBDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CBRTIFICATBS(S) OF INSURANCE EVIDENCING REQUIRED
COVERAGB. '
, III. ENDORSEMENT-PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO
"ADDITIONAL INSUREDS"
1 Rev. December I, 2009
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"
CITY OF PALO ALTO CONTRACT NO.: ClO135385
A. PRIMARY COVERAGE
WITII RESPECT TO CLAIMS ARISING OUT OF TIlE OPERATIONS OF TIIE NAMED INSURED,
INSURANCE AS AFFORDED BY 1HIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTIIER INSURANCE CARRIED BY OR FOR TIm BENEFIT OF THE
ADDITIONAL INSUREDS.
B. CROSS LIABILITY
~.
TIIE 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 TaB NAMING OF MULTIPLE INSUREDS,
SHALL NOT INCREASE TIIE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLiCY.
C. NOTICE OF CANCELLATION
1. IF TIIE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE· FOR ANY'
REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, TIIE ISSUING
COMPANY SHALL PROVIDE CITY AT LEAST A 1H1RTY (30) DAY WRITTEN'
NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
"" 2. IF TIIE POLIcY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-
PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CiTY AT
LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE·TIm EFFECTIVE DATE OF
CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND
CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P;O. BOX 10250
PALO ALTO, CA 94303
2 Rev. December 1, 2009
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RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
EXPRESSING APPRECIATION TO MARC MARCHIEL FOR
OUTSTANDING PUBLIC SERVICE AS A MEMBER OF THE
LIBRARY ADVISORY COMMISSION
WHEREAS, Marc Marchiel served the City of Palo Alto as a member of the
Library Advisory Commission from July 2009 through May 2010; and
WHEREAS, Marc Marchiel also served as a member of the Palo Alto Library’s
Citizens Technology Advisory Group in February 2008 to provide input on how the
Library can better serve the community through the use of technology; and
WHEREAS, Marc Marchiel served on various subcommittees on the Library
Advisory Commission to plan for improved library facilities that would better serve
the community; and
WHEREAS, Marc Marchiel served as a Library Advisory Commission liaison to
the Palo Alto Library Foundation in 2009; and
WHEREAS, Marc Marchiel willingly gave his time and talents in support of the
City of Palo Alto Library Advisory Commission.
NOW, THEREFORE, LET IT BE RESOLVED that the Council of the City of
Palo Alto hereby gratefully records and extends its sincere appreciation and the
appreciation of the community to Marc Marchiel for his faithful and excellent service
rendered to the City.
INTRODUCED AND PASSED: JULY 12, 2010
ATTEST: APPROVED:
_____________________ _____________________
City Clerk Mayor
APPROVED AS TO FORM:
______________________ _____________________
City Attorney City Manager
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: JULY 12, 2010 CMR:302:10
REPORT TYPE: CONSENT
~ SUBJECT: Approval of Amendment No. Three to Contract No. C07116703
Between the City of Palo Alto and C-Way Custodian Services to
Increase the Annual Compensation Amount by $141,144 for a Total
Annual Compensation· Amount of $718,951 Per Year (for the
Remaining 1.4 Years of the Contract) to Provide Custodial Cleaning
Services at Selected City Facilities
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or his designee to
execute Amendment No. Three to Contract No. C07116703 with C-Way Custodian Services
(Attachment A), to increase annual compensation in the amount of $141,144 for the remaining
1.4 years of the contract. The increase is for the addition of custodial cleaning services at City
Hall. The amended contract amount would total to $643,584 per year for basic services. The
amount of $75,367 per year for additional services would remain unchanged.
BACKGROUND
Council approved CMR:405:06 on November 6,2006 for approval of Contract C07116703 with
C-Way Custodian Services to provide custodial servi(,(es at selected City facilities. Amendment
No. One (CMR:137:08) executed on February 11, 2008 allowed for annual compensation
adjustments by the Consumer Price Index. Amendment No. Two (CMR:I05:10) executed on
January 11,2010 increased the annual compensation amount for changes in garbage service and
the addition of recycling and composting collection service.
DISCUSSION
Council approval of the 2011 budget eliminates three of the five custodial staff positions at City
Hall. The remaining two positions will be used to service the Police Department at City Hall,
perform building closure and lockup, and provide support for special meeting events.
Amendment No. Three expands cleaning and collection services provided under this contract to
maintain all other areas of City Hall previously cleaned by in-house staff.
RESOURCE IMPACT
Funds for this amendment will come from the salary savings of three custodial staff positions
being eliminated and are available in the Public Works Facilities Management Division
Operating Budget.
\
CMR:302:10 Page 10f2
ATTACHMENT A
AMENDMENT NO. THREE TO AGREEMENT NO. C07116703
BETWEEN THE CITY OF PALO ALTO AND
C-WAY CUSTODIAN SERVICES
This Amendment No. Three to Agreement No. C07116703
("Agreement") is entered into July 26, 2010, by and between the
CITY OF PALO ALTO ("CITY"), and C-WAY CUSTODIAN SERVICES, a
California Corporation, located at 1885 Bowers Avenue, Santa Clara,
CA 95051 ("CONTRACTOR").
R E CIT A L S:
WHEREAS, the Agreement was entered into between the
parties for the provision of custodial services; and
WHEREAS, the parties wish to amend the Agreement;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Amendment, the parties agree:
SECTION 1. The section entitled "COMPENSATION" is hereby
amended, to read as follows:
"COMPENSATION" for the full performance of this
Agreement: CITY shall pay and CONTRACTOR agrees to
accept as not-to-exceed compensation for the full
performance of the Services and reimbursable expenses, if
any: the total maximum lump sum compensation of Six
Hundred Forty Three Thousand Five Hundred Eight Four
dollars per contract year ($643,584).
The City has set aside the sum of Seventy Five Thousand
Three Hundred Sixty Seven dollars per contract year
($75,367) for Additional Services.
SECTION 2. The following exhibit(s) to the Agreement
is/are hereby amended to read as set forth in the attachment(s) to
this Amendment, which are incorporated in full by this reference:
a. Exhibit "A" entitled "Scope".
b. Exhibit "B" entitled "Fee Schedule".
SECTION 3. The section entitled "INVOICING" is hereby
amended to read as follows:
"INVOICING" . Send all invoices to the CITY, Attention: Proj ect
Manager. Project Manager is: Mike Wong, Dept: Public Works,
1
100630 9000050 Amend.agt
Rev. July31, 1998
Scope Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
WORK PERFORMANCE AND QUALITY STANDARDS
(Revised June 2010)
Contractor's custodial effort must conform to the following standards in all areas covered by
this contract. If any activity or job task has been omitted, contractor must so notify the City's
Project Manager immediately for resolution.
1. Workmanship and Quality Level
The City of Palo Alto requires the highest level of quality in custodial maintenance.
All work must be performed by experienced janitorial personnel supervised by the
Contractor. The Contractor must provide management and technical supervision
through competent supervisors as required to implement modem methods and newly
developed janitorial procedures.
The Contractor must be responsible for the skills, methods, and actions of hislher
employees and for all work done. The Contractor must perform the work herein
provided for under the direction of and to the satisfaction of the City's Project
Manager. The Contractor must cooperate with the City's Project Manager to enable
him to determine the Contractor's conformity with these specifications and the
adequacy of the work being performed. The Contractor must give hislher personal
supervision to the work as required in addition to his assigned resident supervisor,
and be available for consultation with the City's Representative.
2. Equipment and Materials
The Contractor must, at all times, furnish and maintain sufficient equipment and
materials as necessary to perform the work of this contract. Such equipment and
materials shall be subject to inspection and approval of the City. Under no
circumstances will non-motorized carpet sweepers be allowed.
3. Supplies
The Contractor must, at all times, use only environmentally friendly "green"
chemicals and supplies which meet the standards of the City's sustainability program
at the City's facilities and are subject to the approval of the Project Manager. Zinc
floor finishes are not permitted under any circumstance. All paper products, (i.e.
toilet tissue, hand towels), must be 100% recycled and chemical free.
Compostable Plastic Bags must be used in compost bins and must meet the following
standards: Biodegradable Products Institute (BPI), non Genetically Modified
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 1
Scope Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
Organism (GMO) preferred, www.bpiworld.org http://www.bpiworld.orglBPI-
Publici Approved/l.html
C. SCOPE OF WORK
Contractor must furnish the following services at the designated frequencies at each of the
listed facilities. Each servicing must include all duties listed. Contractor shall supply and
stock all required products at each facility with each servicing. Section 0 identifies location
of collection bins, type of bins, number of bins, liner requirements and service frequency, at
each facility.
Facility: Animal Services Buildings
Location: 3281 East Bayshore Blvd.
Total Square Feet: 5,657
Servicing Frequency: Five Days per Week, (Monday through Friday)
Type of Service: Restrooms -Complete servicing.
Empty all garbage and compost containers in all restrooms. All garbage and
compost containers to be kept cleaned and lined with proper liners, which must be
replaced immediately when needed. Empty and replace with new liners all
sanitary napkin receptacles. Replace and refill, as needed all dispensers and
containers. Damp wipe toilet partitions and all wall areas showing any stains,
spots, grime and/or any abuse in general. Remove any graffiti immediately from
any surface as it appears, as well as "spitballs," etc. Clean mirrors and keep all
chrome fixtures clean. Sweep floors and properly dispose of all trash items.
Damp mop floor areas with disinfectant cleaner. Clean sinks, drains; counter tops,
changing stations, toilet bowls and urinals with brush and disinfectant cleaner.
Pour one gallon of water down each floor drain.
Frequency: Monday through Friday
Type of Service: Entire Facility
Empty all recycling containers once per week on Mondays. Replace central recycling
liner with proper type, size and depth. Empty all central garbage and central
compost containers each service day and replace liner with proper type, size and
depth. Clean central compost, central garbage, and all recycling containers when
necessary. Vacuum all carpeted floors including any stairwells, offices, and open
space areas. Sweep, damp mop (with proper disinfectant cleaners), and dispose of all
trash items on all non-carpeted floors. Remove cobwebs from walls and ceilings.
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 2
Scope Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
Refill towel dispensers. Clean marks from glass on entry doors. Secure facility and
set alarm.
Frequency: Monday through Friday
Type of Senrice: Entire Facility
Wash all windows, interior and exterior.
Frequency: Twice Annually
Type of Senrice: Entire Facility
Strip and refinish all tiled, linoleum and wood floor areas.
Frequency: Four Times Annually
Type of Senrice: Entire Facility
SprayBuffwith a high-speed buffer all tiled, linoleum and wood floor areas.
Frequency: Monthly
Type of Senrice: Entire Facility
Clean all counters and tabletop surfaces removing all graffiti, pen and pencil marks,
dirt, etc. Clean exterior entranceways removing all dirt, cobwebs, etc. from wall and
floor surfaces.
Frequency: Four Times Annually
Facility: Arastradero Gateway Facility
Location: 1530 Arastradero Rd.
Total Square Feet: 969
Servicing Frequency: Once per Week
Type of Senrice: Restrooms -Complete servicing.
Empty all recycling containers once per week on Fridays. Empty all garbage and
compost containers in all restrooms. All garbage and compost containers to be
kept cleaned and lined with proper liners, which must be replaced immediately
when needed Empty and replace with new liners all sanitary napkin receptacles.
Replace and refill, as needed, all dispensers and containers. Damp wipe toilet
partitions and all wall areas showing any stains, spots, grime and/or any abuse in
general. Remove any graffiti immediately from any surface as it appears, as well
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 3
Scope
Frequency:
Type of Senrice:
Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
as "spitballs," etc. Clean mirrors and keep all chrome fixtures clean. Sweep floors
and properly dispose of all trash items. Damp mop floor areas with disinfectant
cleaner. Clean sinks, drains; counter tops, changing stations, toilet bowls and
urinals with brush and disinfectant cleaner. Pour one gallon of water down each
floor drain. Secure facility after service.
Weekly
Meeting Room
The sealed cement floors of the main meeting room (432 square feet) are to be
mopped, stripped and resealed.
Frequency: Quarterly
Facility: The Art Center
Location: 1313 Newell Rd.
Total Square Feet: 26,441
Senricing Frequency: Six Days per Week, (Tuesday through Sunday)
Type of Service: Restrooms -Complete servicing.
Empty all garbage and compost containers in all restrooms. All garbage and
compost containers to be kept cleaned and lined with proper liners, which must be
replaced immediately when needed. Empty and replace with new liners all
sanitary napkin receptacles. Replace and refill, as needed all dispensers and
containers. Damp wipe toilet partitions and all wall areas showing any stains,
spots, grime and/or any abuse in general. Remove any graffiti immediately from
any surface as it appears, as well as "spitballs," etc. Clean mirrors and keep all
chrome fixtures clean. Sweep floors and properly dispose of all trash items.
Damp mop floor areas with disinfectant cleaner. Clean sinks, drains, counter tops,
changing stations, toilet howls and urinals with brush and disinfectant cleaner.
Pour one gallon of water down each floor drain.
Frequency: Tuesday through Sunday
Type of Senrice: Entire Facility
Empty all recycling containers once per week on Mondays. Replace central recycling
liner with proper type, size and depth. Empty all central garbage and central
compost containers each service day and replace liner with proper type, size and
depth. Clean central compost, central garbage, and all recycling containers when
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 4
Scope Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
necessary. Vacuum all carpeted floors including any stairwells, offices, and open
space areas. Sweep, damp mop (with proper disinfectant cleaners), and dispose of all
trash items on all non-carpeted floors. Remove cobwebs from walls and ceilings.
Refill towel dispensers. Clean marks from glass on entry doors. Secure facility and
set alarm.
Frequency: Tuesday through Sunday
Type of Service: Entire Facility
Wash all windows, interior and exterior.
Frequency: Twice Annually
Type of Service: Entire Facility
Strip and refinish all tiled, linoleum and wood floor areas.
Frequency: Four Times Annually
Type of Service: Entire Facility
SprayBuffwith a high-speed buffer all tiled, linoleum and wood floor areas.
Frequency: Monthly
Type of Service: Entire Facility
Clean all counters and tabletop surfaces removing all graffiti, pen and pencil marks,
dirt, etc. Clean exterior entranceways removing all dirt, cobwebs, etc. from wall and
floor surfaces.
Frequency: Four Times Annually
Facility: Baylands Interpretive Center
Location: 2775 Embarcadero Rd.
Total Square Feet: 3,600
Servicing Frequency: Five Days per Week, (Monday through Friday)
Type of Service: Restrooms -Complete servicing.
Empty all garbage and compost containers in all restrooms. All garbage and
compost containers to be kept cleaned and lined with proper liners, which must be
replaced immediately when needed. Empty and replace with new liners all
sanitary napkin receptacles. Replace and refill, as needed all dispensers and
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 5
Scope
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
containers. Damp wipe toilet partitions and all wall areas showing any stains,
spots, grime and/or any abuse in general. Remove any graffiti immediately from
any surface as it appears, as well as "spitballs," etc. Clean mirrors and keep all
chrome fixtures clean. Sweep floors and properly dispose of all trash items.
Damp mop floor areas with disinfectant cleaner. Clean sinks, drains; counter tops,
changing stations, toilet bowls and urinals with brush and disinfectant cleaner.
Pour one gallon of water down each floor drain.
Monday through Friday
Entire Facility
Empty all recycling containers once per week on Fridays. Replace central recycling
liner with proper type, size and depth. Empty all central garbage and central
compost containers each service day and replace liner with proper type, size and
depth. Clean central compost, central garbage, and all recycling containers when
necessary. Vacuum all carpeted floors including any stairwells, offices, and open
space areas. Sweep, damp mop (with proper disinfectant cleaners), and dispose of all
trash items on all non-carpeted floors. Remove cobwebs from walls and ceilings.
Refill towel dispensers. Clean marks from glass on entry doors. Secure facility and
set alarm.
Monday through Friday
Entire Facility
Wash all windows, interior and exterior.
Monthly
Entire Facility
Strip and refinish all tiled and linoleum floor areas.
Four Times Annually
Entire Facility
SprayBuffwith a high-speed buffer all tiled and linoleum and floor areas.
Monthly
Entire Facility
Clean all counters and tabletop surfaces removing all graffiti, pen and pencil marks,
dirt, etc. Clean exterior entranceways removing all dirt, cobwebs, etc. from wall and
floor surfaces.
Four Times Annually
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 6
Scope Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
Facility: Children's Library
Location: 1275 Harriet St.
Total Square Feet: 3,264
Servicing Frequency: Seven Days per Week
Type of Service: Restrooms -Complete servicing.
Empty all garbage and compost containers in all restrooms. All garbage and
compost containers to be kept cleaned and lined with proper liners, which must be
replaced immediately when needed. Empty and replace with new liners all
sanitary napkin receptacles. Replace and refill, as needed all dispensers and
containers. Damp wipe toilet partitions and all wall areas showing any stains,
spots, grime and/or any abuse in general. Remove any graffiti immediately from
any surface as it appears, as well as "spitballs," etc. Clean mirrors and keep all
chrome fixtures clean. Sweep floors and properly dispose of all trash items.
Damp mop floor areas with disinfectant cleaner. Clean sinks, drains, counter tops,
changing stations, toilet bowls and urinals with brush and disinfectant cleaner.
Pour one gallon of water down each floor drain.
Frequency: All items daily, trash pickup, dispenser filling and any required surface
cleaning twice daily.
Type of Service: Entire Facility
Empty all recycling containers once per week on Fridays. Replace central recycling
liner with proper type, size and depth. Empty all central garbage and central
compost containers each service day and replace liner with proper type, size and
depth. Clean central compost, central garbage, and all recycling containers when
necessary. Vacuum all carpeted floors including any stairwells, offices, and open
space areas. Sweep, damp mop (with proper disinfectant cleaners), and dispose of all
trash items on all non-carpeted floors. Remove cobwebs from walls and ceilings.
Refill towel dispensers. Clean marks from glass on entry doors. Secure facility and
set alarm.
Frequency: Daily
Type of Service: Entire Facility
Wash all windows, interior and exterior.
Frequency: Twice Annually
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 7
Scope Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
Type of Senrice: Entire Facility
Strip and refinish all tiled, linoleum and wood floor areas.
Frequency: Four Times Annually
Type of Senrice: Entire Facility
SprayBuffwith a high-speed buffer all tiled, linoleum and wood floor areas.
Frequency: Monthly
Type of Senrice: Entire Facility
Clean all counters and table top surfaces removing all graffiti, pen and pencil marks,
dirt, etc. Clean trash and debris from fireplace. Clean exterior entranceways
removing all dirt, cobwebs, etc. from wall and floor surfaces.
Frequency: Four Times Annually
Facility: Children's Theater
Location: 1305 Middlefield Rd.
Total Square Feet: 17,619
Servicing Frequency: Six Days per Week, (Tuesday through Sunday)
Type of Senrice: Restrooms -Complete servicing.
Empty all garbage and compost containers in all restrooms. All garbage and
compost containers to be kept cleaned and lined with proper liners, which must be
replaced immediately when needed. Empty and replace with new liners all
sanitary napkin receptacles. Replace and refill, as needed all dispensers and
containers. Damp wipe toilet partitions and all wall areas showing any stains,
spots, grime and/or any abuse in general. Remove any graffiti immediately from
any surface as it appears, as well as "spitballs," etc. Clean mirrors and keep all
chrome fixtures clean. Sweep floors and properly dispose of all trash items.
Damp mop floor areas with disinfectant cleaner. Clean sinks, drains, counter tops,
changing stations, toilet bowls and urinals with brush and disinfectant cleaner.
Pour one gallon of water down each floor drain.
Frequency: Tuesday through Sunday
Type of Service: Entire Facility
Empty all recycling containers once per week on Fridays. Replace central recycling
liner with proper type, size and depth. Empty all central garbage and central
compost containers each service day and replace liner with proper type, size and
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 8
Scope
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Facility:
Location:
Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
depth. Clean central compost, central garbage, and all recycling containers when
necessary. Vacuum all carpeted floors including any stairwells, offices, and open
space areas. Sweep, damp mop (with proper disinfectant cleaners), and dispose of all
trash items on all non-carpeted floors. Remove cobwebs from walls and ceilings.
Refill towel dispensers. Clean marks from glass on entry doors. Secure facility and
set alarm.
Tuesday through Sunday
Entire Facility
Wash all windows, interior and exterior.
Twice Annually
Entire Facility
Strip and refinish all tiled, linoleum and wood floor areas.
F our Times Annually
Entire Facility
SprayBuffwith a high-speed buffer all tiled, linoleum and wood floor areas.
Monthly
Entire Facility
Clean all counters and table top surfaces removing all graffiti, pen and pencil marks,
dirt, etc. Clean exterior entranceways removing all dirt, cobwebs, etc. from walls and
floor surfaces.
Four Times Annually
City Hall
250 Hamilton Ave.
Total Building Square Feet: 104,893
Total Parking Square Feet: 251,508
Type of Service: All restrooms not located in the Police Department -Complete servicing.
Empty all garbage and compost containers in all restrooms serviced. All garbage
and compost containers to be kept cleaned and lined with proper liners, which
must be replaced immediately when needed. Clean all compost and garbage
containers when necessary. Empty and replace with new liners all sanitary napkin
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 9
Scope
Type of Service:
Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
Entire Facility, (restrooms, hallways, elevators and lobby areas only)
SprayBuffwith a high-speed buffer all tiled, linoleum and wood floor areas.
Dust public areas. Polish metal door pulls, door plates, and other metal fixtures.
Polish wood furniture in 1 st floor reception area and Council Chamber, all
conference rooms. Clean marks from glass in conference rooms.
Frequency: Monthly
Type of Service: Garage Areas
Sweep and damp mop (with proper disinfectant cleaner) all stairwells, landings,
and elevators. Wipe down the elevator walls with proper disinfectant cleaner.
Remove any trash found in these areas. Empty and replace liners in all trash
containers.
Frequency: Seven days per week.
Facility: College Terrace Library
Location: 2300 Wellesley St.
Total Square Feet: 5,050
Servicing Frequency: Six Days per Week, (Monday through Saturday)
Type of Service: Restrooms -Complete servicing.
Empty all garbage and compost containers in all restrooms. All garbage and
compost containers to be kept cleaned and lined with proper liners, which must be
replaced immediately when needed. Empty and replace with new liners all
sanitary napkin receptacles. Replace and refill, as needed all dispensers and
containers. Damp wipe toilet partitions and all wall areas showing any stains,
spots, grime and/or any abuse in general. Remove any graffiti immediately from
any surface as it appears, as well as "spitballs," etc. Clean mirrors and keep all
chrome fixtures clean. Sweep floors and properly dispose of all trash items.
Damp mop floor areas with disinfectant cleaner. Clean sinks, drains, counter tops,
changing stations, toilet bowls and urinals with brush and disinfectant cleaner.
Pour one gallon of water down each floor drain.
Frequency: Monday through Saturday
Type of Service: Entire Facility
Empty all recycling containers once per week on Fridays. Replace central recycling
liner with proper type, size and depth. Empty all central garbage and central
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 12
Scope Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
compost containers each service day and replace liner with proper type, size and
depth. Clean central compost, central garbage, and all recycling containers when
necessary. Vacuum all carpeted floors including any stairwells, offices, and open
space areas. Sweep, damp mop (with proper disinfectant cleaners), and dispose of all
trash items on all non-carpeted floors. Remove cobwebs from walls and ceilings.
Refill towel dispensers. Clean marks from glass on entry doors. Secure facility and
set alarm.
Frequency: Monday through Saturday
Type of Service: Entire Facility
Wash all windows, interior and exterior.
Frequency: Twice Annually
Type of Service: Entire Facility
Strip and refinish all tiled, linoleum and wood floor areas.
Frequency: Four Times Annually
Type of Service: Entire Facility
SprayBuffwith a high-speed buffer all tiled, linoleum and wood floor areas.
Frequency: Monthly
Type of Service: Entire Facility
Clean all counters and tabletop surfaces removing all graffiti, pen and pencil marks,
dirt, etc. Clean exterior entranceways removing all dirt, cobwebs, etc. from wall and
floor surfaces.
Frequency: Four Times Annually
Facility: Community Theater
Location: 1305 Middlefield Rd.
Total Square Feet: 33,716
Servicing Frequency: Six Days per Week, (Tuesday through Sunday)
Type of Service: Restrooms / Showers-Complete servicing.
Empty all garbage and compost containers in all restrooms. All garbage and
compost containers to be kept cleaned and lined with proper liners, which must be
replaced immediately when needed. Empty and replace with new liners all
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 13
Scope
Frequency:
Type of Sen'ice:
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Type of Service:
Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
sanitary napkin receptacles. Replace and refill, as needed all dispensers and
containers. Damp wipe toilet partitions and all wall areas showing any stains,
spots, grime and/or any abuse in general. Remove any graffiti immediately from
any surface as it appears, as well as "spitballs," etc. Clean mirrors and keep all
chrome fixtures clean. Sweep floors and properly dispose of all trash items.
Damp mop floor areas with disinfectant cleaner. Clean sinks, drains, counter tops,
changing stations, toilet bowls and urinals with brush and disinfectant cleaner. All
shower areas are to be kept free of mildew, hair, dirt and soap scum. Clean and
disinfect all floor mats, benches and tiled areas. Pour one gallon of water down
each floor drain.
Tuesday through Sunday
Entire Facility
Empty all recycling containers once per week on Fridays. Replace central recycling
liner with proper type, size and depth. Empty all central garbage and central
compost containers each service day and replace liner with proper type, size and
depth. Clean central compost, central garbage, and all recycling containers when
necessary. Vacuum all carpeted floors including any stairwells, offices, and open
space areas. Sweep, damp mop (with proper disinfectant cleaners), and dispose of all
trash items on all non-carpeted floors. Remove cobwebs from walls and ceilings.
Refill towel dispensers. Clean marks from glass on entry doors. Secure facility and
set alarm.
Tuesday through Sunday
Entire Facility
Wash all windows, interior and exterior.
Twice Annually
Entire Facility
Strip and refinish all tiled, linoleum and wood floor areas.
Four Times Annually
Entire Facility
SprayBuff with a high-speed buffer all tiled, linoleum and wood floor areas.
Monthly
Entire Facility
Clean all counters and tabletop surfaces removing all graffiti, pen and pencil marks,
dirt, etc. Clean exterior entranceways removing all dirt, cobwebs, etc. from wall and
floor surfaces.
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 14
Scope Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
Frequency: Four Times Annually
Facility: Development Center
Location: 285 Hamilton Ave.
Total Square Feet: 10,700
Servicing Frequency: Five Days per Week, (Monday through Friday)
Type of Service: Restrooms -Complete servicing.
Empty all garbage and compost containers in all restrooms. All garbage and
compost containers to be kept cleaned and lined with proper liners, which must be
replaced immediately when needed. Empty and replace with new liners all
sanitary napkin receptacles. Replace and refill, as needed all dispensers and
containers. Damp wipe toilet partitions and all wall areas showing any stains,
spots, grime and/or any abuse in general. Remove any graffiti immediately from
any surface as it appears, as well as "spitballs," etc. Clean mirrors and keep all
chrome fixtures clean. Sweep floors and properly dispose of all trash items.
Damp mop floor areas with disinfectant cleaner. Clean sinks, drains; counter tops,
toilet bowls and urinals with brush and disinfectant cleaner. Pour one gallon of
water down each floor drain.
Frequency: Monday through Friday
Type of Service: Entire Facility
Empty counter garbage, all central garbage, and central compost containers each
service day and replace liner with proper type, size and depth. Clean central compost
and central garbage containers when necessary. Vacuum all carpeted floors including
any stairwells, offices, and open space areas. Sweep, damp mop (with proper
disinfectant cleaners), and dispose of all trash items on all non-carpeted floors.
Remove cobwebs from walls and ceilings. Refill towel dispensers. Clean marks from
glass on entry doors. Secure facility and set alarm.
Frequency: Monday through Friday
Type of Service: Entire Facility.
Empty plan set recycling, counter and central recycling containers each service
day and only kitchen and desk recycling containers once per week. Clean
recycling containers when necessary. Replace central recycling liner with proper
type, size and depth. Recycle cardboard to cardboard recycling dumpster.
Recycle blueprints to recycle collection bin at outside location. Transport
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 15
Scope
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Facility:
Location:
Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
polystyrene "blocks" and "peanuts" to specified containers located at the Civic
Center.
Check the designated collectorlhauler garbage containers located outside the
building, to see if cardboard is present. If cardboard is present, flatten if needed,
and recycle on site to recycling dumpster.
Monday through Friday.
Entire Facility
Wash all windows, interior and exterior.
Twice Annually
Entire Facility
Strip and refinish all tiled, linoleum and wood floor areas.
Four Times Annually
Entire Facility
SprayBuffwith a high-speed buffer all tiled, linoleum and wood floor areas.
Monthly
Entire Facility
Clean all counters and tabletop surfaces removing all graffiti, pen and pencil marks,
dirt, etc. Clean exterior entranceways removing all dirt, cobwebs, etc. from wall and
floor surfaces.
Four Times Annually
Downtown Library
270 Forest Ave.
Total Square Feet: 8,741
Servicing Frequency: Seven Days per Week
Type of Service: Restrooms -Complete servicing.
Empty all garbage and compost containers in all restrooms. All garbage and
compost containers to be kept cleaned and lined with proper liners, which must be
replaced immediately when needed. Empty and replace with new liners all
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 16
Scope
Frequency:
Type of Sen-ice:
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Type of Service:
Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
sanitary napkin receptacles. Replace and refill, as needed all dispensers and
containers. Damp wipe toilet partitions and all wall areas showing any stains,
spots, grime and/or any abuse in general. Remove any graffiti immediately from
any surface as it appears, as well as "spitballs," etc. Clean mirrors and keep all
chrome fixtures clean. Sweep floors and properly dispose of all trash items.
Damp mop floor areas with disinfectant cleaner. Clean sinks, drains, counter tops,
changing stations, toilet bowls and urinals with brush and disinfectant cleaner.
Pour one gallon of water down each floor drain.
All items daily, trash pickup, dispenser filling and any required surface cleaning
twice daily.
Entire Facility
Empty all recycling containers once per week on Mondays. Replace central recycling
liner with proper type, size and depth. Empty all central garbage and central
compost containers each service day and replace liner with proper type, size and
depth. Clean central compost, central garbage, and all recycling containers when
necessary. Vacuum all carpeted floors including any stairwells, offices, and open
space areas. Sweep, damp mop (with proper disinfectant cleaners), and dispose of all
trash items on all non-carpeted floors. Remove cobwebs from walls and ceilings.
Refill towel dispensers. Clean marks from glass on entry doors. Secure facility and
set alarm.
Daily
Entire Facility
Wash all windows, interior and exterior.
Twice Annually
Entire Facility
Strip and refinish all tiled, linoleum and wood floor areas.
Four Times Annually
Entire Facility
SprayBuff with a high-speed buffer all tiled, linoleum and wood floor areas.
Monthly
Entire Facility
Clean all counters and tabletop surfaces removing all graffiti, pen and pencil marks,
dirt, etc. Clean exterior entranceways removing all dirt, cobwebs, etc. from wall and
floor surfaces.
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 17
Scope Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
Frequency: Four Times Annually
Facility: Foothills Park Interpretive Center
Location: 3300 Page Mill Road
Total Square Feet: 5,035
Servicing Frequency: One Day per Week
Type of Service: Restrooms -
Empty all garbage and compost containers in all restrooms once per week on
Fridays. All garbage and compost containers to be kept cleaned and lined with
proper liners, which must be replaced immediately when needed
Frequency: Once per week.
Type of Service: Entire Facility.
Empty all recycling containers once per week on Fridays. Replace central
recycling liner with proper type, size and depth. Clean recycling containers when
necessary. Empty all central garbage and central compost containers onCe per
week on Fridays and replace liner with proper type, size and depth. Clean central
compost, central garbage, and all recycling containers when necessary.
Frequency: Once per week.
Facility: Golf Course Restrooms
Location: 1875 Embarcadero Rd.
Club House Restrooms
Total Square Feet: 900
Frequency: Seven days a week, twice daily
(once between 11:00 am and noon, once at dusk)
Type of Service: Restrooms -Complete servicing.
Empty all garbage and compost containers in all restrooms. All garbage and
compost containers to be kept cleaned and lined with proper liners, which must be
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 18
Scope
Field Restrooms
Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
replaced immediately when needed. Clean compost and garbage containers when
necessary. Empty and replace with new liners all sanitary napkin receptacles.
Replace and refill, as needed all dispensers and containers. Damp wipe toilet
partitions and all wall areas showing any stains, spots, grime and/or any abuse in
general. Remove any graffiti immediately from any surface as it appears, as well
as "spitballs," etc. Clean mirrors and keep all chrome fixtures clean. Sweep floors
and properly dispose of all trash items. Damp mop floor areas with disinfectant
cleaner. Clean sinks, drains, counter tops, changing stations, toilet bowls and
urinals with brush and disinfectant cleaner. Pour one gallon of water down each
floor drain. Lock restrooms doors after final daily service.
Total Square Feet: 242
Frequency: Seven days a week
Type of Service: Restrooms -Complete servicing.
Empty all trash and waste containers in all restrooms. All waste containers to be
kept lined with proper liners, which must be replaced immediately when needed.
Empty and replace with new liners all sanitary napkin receptacles. Replace and
refill, as needed all dispensers and containers. All soap dispensers require an anti-
bacterial hand soap. Damp wipe toilet partitions and all wall areas showing any
stains, spots, grime and/or any abuse in general. Remove any graffiti immediately
from any surface as it appears, as well as "spitballs," etc. Clean mirrors and keep
all chrome fixtures clean. Clean sinks, drains, counter tops, toilet bowls and
urinals with brush and disinfectant cleaner.
Facility: Golf Course Workshop
Location: 1875 Embarcadero Rd.
Total Square Feet: 2,288
Servicing Frequency: Five Days per Week, (Monday through Friday)
Type of Service: Restrooms / Showers -Complete servicing.
Empty all garbage and compost containers in all restrooms. All garbage and
compost containers to be kept cleaned and lined with proper liners, which must be
replaced immediately when needed. Empty and replace with new liners all
sanitary napkin receptacles. Replace and refill, as needed all dispensers and
containers. Damp wipe toilet partitions and all wall areas showing any stains,
spots, grime and/or any abuse in general. Remove any graffiti immediately from
any surface as it appears, as well as "spitballs," etc. Clean mirrors and keep all
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 19
Scope
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Facility:
Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
chrome fixtures clean. Sweep floors and properly dispose of all trash items.
Damp mop floor areas with disinfectant cleaner. Clean sinks, drains; counter tops,
toilet bowls and urinals with brush and disinfectant cleaner. All shower areas are
to be kept free of mildew, hair, dirt and soap scum. Clean and disinfect all floor
mats, benches and tiled areas. Pour one gallon of water down each floor drain.
Monday through Friday
Entire Facility
Empty all recycling containers once per week on Thursdays. Replace central
recycling liner with proper type, size and depth. Empty all central garbage and
central compost containers each service day and replace liner with proper type, size
and depth. Clean central compost, central garbage, and all recycling containers when
necessary. Vacuum all carpeted floors including any stairwells, offices, and open
space areas. Sweep, damp mop (with proper disinfectant cleaners), and dispose of all
trash items on all non-carpeted floors. Remove cobwebs from walls and ceilings.
Refill towel dispensers. Clean marks from glass on entry doors. Secure facility and
set alarm.
Monday through Friday
Entire Facility
Wash all windows, interior and exterior.
Twice Annually
Entire Facility
Strip and refinish all tiled, linoleum and wood floor areas.
Four Times Annually
Entire Facility
SprayBuffwith a high-speed buffer all tiled, linoleum and wood floor areas.
Monthly
Entire Facility
Clean all counters and tabletop surfaces removing all graffiti, pen and pencil marks,
dirt, etc. Clean exterior entranceways removing all dirt, cobwebs, etc. from wall and
floor surfaces.
Four Times Annually
Information Technology
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 20
Scope Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
Location: 300 Hamilton
Total Square Feet: 969
Servicing Frequency: One Day per Week
Type of Service: Entire Facility.
Empty all recycling containers once per week on Friday. Replace central
recycling liner with proper type, size and depth. Clean recycling containers when
necessary. Transport "peanuts" to specified containers located at the Civic
Center.
Frequency: Once per week.
Facility: Junior Museum
Location: 1305 Middlefield Rd.
Total Square Feet: 5,856
Servicing Frequency: Seven Days per Week
Type of Service: Restrooms -Complete servicing.
Empty all garbage and compost containers in all restrooms. All garbage and
compost containers to be kept cleaned and lined with proper liners, which must be
replaced immediately when needed. Empty and replace with new liners all
sanitary napkin receptacles. Replace and refill, as needed all dispensers and
containers. Damp wipe toilet partitions and all wall areas showing any stains,
spots, grime and/or any abuse in general. Remove any graffiti immediately from
any surface as it appears, as well as "spitballs," etc. Clean mirrors and keep all
chrome fixtures clean. Sweep floors and properly dispose of all trash items.
Damp mop floor areas with disinfectant cleaner. Clean sinks, drains, counter tops,
changing stations, toilet bowls and urinals with brush a'nd disinfectant cleaner.
Pour one gallon of water down each floor drain.
Frequency: All items daily, trash pickup, dispenser filling and any required surface
cleaning twice daily.
Type of Service: Entire Facility .
Empty all recycling containers once per week on Fridays. Replace central recycling
liner with proper type, size and depth. Empty all central garbage and central
compost containers each service day and replace liner with proper type, size and
depth. Clean central compost, central garbage, and all recycling containers when
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 21
Scope Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
necessary. Vacuum all carpeted floors including any stairwells, offices, and open
space areas. Sweep, damp mop (with proper disinfectant cleaners), and dispose of all
trash items on all non-carpeted floors. Remove cobwebs from walls and ceilings.
Refill towel dispensers. Clean marks from glass on entry doors. Secure facility and
set alarm.
Frequency: Daily
Type of Service: Entire Facility
Wash all windows, interior and exterior.
Frequency: Twice Annually
Type of Service: Entire Facility
Strip and refinish all tiled, linoleum and wood floor areas.
Frequency: Four Times Annually
Type of Service: Entire Facility
SprayBuffwith a high-speed buffer all tiled, linoleum and wood floor areas.
Frequency: Monthly
Type of Service: Entire Facility
Clean all counters and tabletop surfaces removing all graffiti, pen and pencil marks,
dirt, etc. Clean exterior entranceways removing all dirt, cobwebs, etc. from wall and
floor surfaces.
Frequency: Four Times Annually
Facility: Landfill Office and Toll Booth
Location: 2380 Embarcadero Rd.
Total Square Feet: 1,488
Servicing Frequency: Five Days per Week, (Monday through Friday)
Type of Service: Restrooms -Complete servicing.
Empty all garbage and compost containers in all restrooms. All garbage and
compost containers to be kept cleaned and lined with proper liners, which must be
replaced immediately when needed. Empty and replace with new liners all
sanitary napkin receptacles. Replace and refill, as needed all dispensers and
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 22
Scope
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Type of Service:
Facility:
Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
containers. Damp wipe toilet partitions and all wall areas showing any stains,
spots, grime and/or any abuse in general. Remove any graffiti immediately from
any surface as it appears, as well as "spitballs," etc. Clean mirrors and keep all
chrome fixtures clean. Sweep floors and properly dispose of all trash items.
Damp mop floor areas with disinfectant cleaner. Clean sinks, drains; counter tops,
toilet bowls and urinals with brush and disinfectant cleaner. Pour one gallon of
water down each floor drain.
Monday through Friday
Entire Facility
Empty all recycling containers once per week on Thursdays. Replace central
recycling liner with proper type, size and depth. Empty all central garbage and
central compost containers each service day and replace liner with proper type, size
and depth. Clean central compost, central garbage, and all recycling containers when
necessary. Vacuum all carpeted floors including any stairwells, offices, and open
space areas. Sweep, damp mop (with proper disinfectant cleaners), and dispose of all
trash items on all non-carpeted floors. Remove cobwebs from walls and ceilings.
Refill towel dispensers. Clean marks from glass on entry doors. Secure facility and (
set alarm.
Monday through Friday
Entire Facility
Wash all windows, interior and exterior.
Twice Annually
Entire Facility
Strip and refinish all tiled, linoleum and wood floor areas.
Four Times Annually
Entire Facility
SprayBuffwith a high-speed buffer all tiled, linoleum and wood floor areas.
Monthly
Entire Facility
Clean all counters and tabletop surfaces removing all graffiti, pen and pencil marks,
dirt, etc. Clean exterior entranceways removing all dirt, cobwebs, etc. from wall and
floor surfaces.
Main Library
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 23
Scope Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
Location: 1213 Newell Rd.
Total Square Feet: 26,582
Servicing Frequency: Seven Days per Week
Type of Service: Restrooms -Complete servicing.
Empty all garbage and compost containers in all restrooms. All garbage and
compost containers to be kept cleaned and lined with proper liners, which must be
replaced immediately when needed. Empty and replace with new liners all
sanitary napkin receptacles. Replace and refill, as needed all dispensers and
containers. Damp wipe toilet partitions and all wall areas showing any stains,
spots, grime and/or any abuse in general. Remove any graffiti immediately from
any surface as it appears, as well as "spitballs," etc. Clean mirrors and keep all
chrome fixtures clean. Sweep floors and properly dispose of all trash items.
Damp mop floor areas with disinfectant cleaner. Clean sinks, drains, counter tops,
changing stations, toilet bowls and urinals with brush and disinfectant cleaner.
Pour one gallon of water down each floor drain.
Frequency: All items daily, trash pickup, dispenser filling and any required surface
cleaning twice daily.
Type of Service: Entire Facility
Empty all recycling containers once per week on Mondays. Replace central recycling
liner with proper type, size and depth. Empty all central garbage and central
compost containers each service day and replace liner with proper type, size and
depth. Clean central compost, central garbage, and all recycling containers when
necessary. Vacuum all carpeted floors including any stairwells, offices, and open
space areas. Sweep, damp mop (with proper disinfectant cleaners), and dispose of all
trash items on all non-carpeted floors. Remove cobwebs from walls and ceilings.
Refill towel dispensers. Clean marks from glass on entry doors. Secure facility and
set alarm.
Frequency: Daily
Type of Service: Entire Facility
Wash all windows, interior and exterior.
Frequency: Twice Annually
Type of Service: Entire Facility
Strip and refinish all tiled, linoleum and wood fl?or areas.
Frequency: Four Times Annually
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 24
Scope Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
Type of Service: Entire Facility
SprayBuffwith a high-speed buffer all tiled, linoleum and wood floor areas.
Frequency: Monthly
Type of Service: Entire Facility
Clean all counters and table top surfaces removing all graffiti, pen and pencil marks,
dirt, etc. Clean trash and debris from fireplace. Clean exterior entranceways
removing all dirt, cobwebs, etc. from wall and floor surfaces.
Frequency: Four Times Annually
Facility: Mitchell Park Library
Location: 3700 Middlefield Rd.
Total Square Feet: 10,678
Servicing Frequency: Seven Days per Week
Type of Service: Restrooms -Complete servicing.
Empty all garbage and compost containers in all restrooms. All garbage and
compost containers to be kept cleaned and lined with proper liners, which must be
replaced immediately when needed. Empty and replace with new liners all
sanitary napkin receptacles. Replace and refill, as needed all dispensers and
containers. Damp wipe toilet partitions and all wall areas showing any stains,
spots, grime and/or any abuse in general. Remove any graffiti immediately from
any surface as it appears, as well as "spitballs," etc. Clean mirrors and keep all
chrome fixtures clean. Sweep floors and properly dispose of all trash items.
Damp mop floor areas with disinfectant cleaner. Clean sinks, drains, counter tops,
changing stations, toilet bowls and urinals with brush and disinfectant cleaner.
Pour one gallon of water down each floor drain.
Frequency: All items daily, trash pickup, dispenser filling and any required surface
cleaning twice daily.
Type of Service: Entire Facility
Empty all recycling containers once per week on Tuesdays. Replace central recycling
liner with proper type, size and depth. Empty all central garbage and central
compost containers each service day and replace liner with proper type, size and
depth. Clean central compost, central garbage, and all recycling containers when
necessary. Vacuum all carpeted floors including any stairwells, offices, and open
space areas. Sweep, damp mop (with proper disinfectant cleaners), and dispose of all
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 25
Scope Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
trash items on all non-carpeted floors. Remove cobwebs from walls and ceilings.
Refill towel dispensers. Clean marks from glass on entty doors. Secure facility and
set alarm.
Frequency: Daily
Type of Service: Entire Facility
Wash all windows, interior and exterior.
Frequency: Twice Annually
Type of Service: Entire Facility
Strip and refinish all tiled, linoleum and wood floor areas.
Frequency: Four Times Annually
Type of Service: Entire Facility
SprayBuffwith a high-speed buffer all tiled, linoleum and wood floor areas.
Frequency: Monthly
Type of Service: Entire Facility
Clean all counters and taDietop surfaces removing all graffiti, pen and pencil marks,
dirt, etc. Clean exterior entranceways removing all dirt, cobwebs, etc. from wall and
floor surfaces.
Frequency: Four Times Annually
Facility: Municipal Service Center Buildings (A,B,C, & SCADA)
Location: 3201 East Bayshore Rd. & 3241 East Bayshore Rd.
Total Square Feet: 76,634
Servicing Frequency: Five Days per Week, (Monday through Friday)
Type of Service: Restrooms / Showers -Complete servicing.
Empty all garbage and compost containers in all restrooms. All garbage and
compost containers to be kept cleaned and lined with proper liners, which must be
replaced immediately when needed. Empty and replace with new liners all
sanitary napkin receptacles. Replace and refill, as needed all dispensers and
containers. Damp wipe toilet partitions and all wall areas showing any stains,
spots, grime and/or any abuse in general. Remove any graffiti immediately from
any surface as it appears, as well as "spitballs," etc. Clean mirrors and keep all
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 26
Scope
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Type of Service:
Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
chrome fixtures clean. Sweep floors and properly dispose of all trash items.
Damp mop floor areas with disinfectant cleaner. Clean sinks, drains; counter tops,
toilet bowls and urinals with brush and disinfectant cleaner. All shower areas are
to be kept free of mildew, hair, dirt and soap scum. Clean and disinfect all floor
mats, benches and tiled areas. Pour one gallon of water down each floor drain.
Monday through Friday
Entire Facility (including shops and fueling station)
Empty all inside central garbage and central compost containers each selVice day and
replace liner with proper type, size and depth. Empty all outside central garbage and
central compost containers once per week and replace liner with proper type, size
and depth. Clean central compost, central garbage, and all recycling containers when
necessary. Vacuum all carpeted floors including any stairwells, offices, and open
space areas. Sweep, damp mop (with proper disinfectant cleaners), and dispose of all
trash items on all non-carpeted floors. Remove cobwebs from walls and ceilings.
Refill towel dispensers. Clean marks from glass on entry doors. Secure facility.
Monday through Friday
Entire Facility (including shops, outside areas, and fueling station)
Empty all recycling containers once per week. Replace central recycling liner with
proper type, size and depth. Clean recycling containers when necessary.
Monday
Entire Facility
Wash all windows, interior and exterior.
Twice Annually
Entire Facility
Strip and refinish all tiled, linoleum and wood floor areas.
Four Times Annually
Entire Facility
SprayBuff with a high-speed buffer all tiled, linoleum and wood floor areas.
Monthly
Entire Facility
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 27
Scope
Frequency:
Type of Service:
Frequency:
Facility:
Locations:
Frequency:
Type of Service:
Facility:
Location:
Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
Clean all counters and tabletop surfaces removing all graffiti, pen and pencil marks,
dirt, etc. Clean exterior entranceways r*Iloving all dirt, cobwebs, etc. from wall and
floor surfaces.
Four Times Annually
Building B Exercise Room
Disinfect all equipment with proper cleanser. Detail vacuum between and under
Weight benches and machines.
Twice Annually
All Park Restrooms
Rinconada Park 777 Embarcadero Rd.
Mitchell Park 600 E. Meadow (two sets)
Peers Park 1899 Park Ave.
EI Camino Park 100 EI Camino Real
Greer Park 1098 Amarillo Ave.
Baylands Park 1785 Embarcadero Rd.
Byxbee Park 2380 Embarcadero Rd.
Hoover Park 2901 Cowper St.
Stanford Fields 2700 EI Camino Real
Seven days a week
Restrooms -Complete servicing.
511 sq. ft.
1,363 sq. ft.
1,046 sq. ft.
272 sq. ft.
597 sq. ft.
843 sq. ft.
568 sq. ft.
500 sq. ft.
1,080 sq. ft.
Empty all trash and waste containers in all restrooms. All waste containers to be
kept lined with proper liners, which must be replaced immediately when needed.
Empty and replace with new liners all sanitary napkin receptacles. Replace and
refill, as needed all dispensers and containers. Damp wipe toilet partitions and all
wall areas showing any stains, spots, grime and/or any abuse in general. Remove
any graffiti immediately from any surface as it appears, as well as "spitballs," etc.
Clean mirrors and keep all dispensers and fixtures clean. Sanitize changing
stations. Sweep floors and properly dispose of all trash items. Damp mop floor
areas with disinfectant cleaner. Clean sinks, drains, counter tops, toilet bowls and
urinals with brush and disinfectant cleaner. Pour one gallon of water down each
. floor drain. Lock restroom doors after daily service where applicable. All park
restrooms are to remain open during daylight hours.
Rinconada Pool Office and Shower Rooms
777 Embarcadero Rd.
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 28
Scope Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
Total Square Feet: 3,585
Servicing Frequency: Seven Days per Week
Type of Service:
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Facility:
Location:
Restrooms / Showers -Complete servicing.
Empty all garbage and compost containers in all restrooms. All garbage and
compost containers to be kept cleaned and lined with proper liners, which must be
replaced immediately when needed. Empty and replace with new liners all
sanitary napkin receptacles. Replace and refill, as needed all dispensers and
containers. Damp wipe toilet partitions and all wall areas showing any stains,
spots, grime and/or any abuse in general. Remove any graffiti immediately from
any surface as it appears, as well as "spitballs," etc. Clean mirrors and keep all
chrome fixtures clean. Sweep floors and properly dispose of all trash items.
Damp mop floor areas with disinfectant cleaner. Clean sinks, drains; counter tops,
changing stations, toilet bowls and urinals with brush and disinfectant cleaner.
All shower areas are to be kept free of mildew, hair, dirt and soap scum. Clean
and disinfect all floor mats, benches and tiled areas. Pour one gallon of water
down each floor drain.
Daily
Entire Facility
Empty all recycling containers once per week on Thursdays. Replace central
recycling liner with proper type, size and depth. Empty all central garbage and
central compost containers each service day and replace liner with proper type, size
and depth. Clean central compost, central garbage, and all recycling containers when
necessary. Vacuum all carpeted floors including any stairwells, offices, and open
space areas. Sweep, damp mop (with proper disinfectant cleaners), and dispose of all
trash items on all non-carpeted floors. Remove cobwebs from walls and ceilings.
Refill towel dispensers. Clean marks from glass on entry doors. Secure facility and
set alarm.
Daily
Entire Facility
Wash all windows, interior and exterior.
Twice Annually
Utilities Offices
1005 &1007 Elwell Ct.
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 29
Scope Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
Total Square Feet: 16,157
Servicing Frequency: Five Days per Week, (Monday through Friday)
Type of Service: Restrooms / Showers -Complete servicing.
Frequency:
Type of Service:
Frequency:
Type of Service:
Frequency:
Type of Service:
Empty all garbage and compost containers in all restrooms. All garbage and
compost containers to be kept cleaned and lined with proper liners, which must be
replaced immediately when needed. Empty and replace with new liners all
sanitary napkin receptacles. Replace and refill, as needed all dispensers and
containers. Damp wipe toilet partitions and all wall areas showing any stains,
spots, grime and/or any abuse in general. Remove any graffiti immediately from
any surface as it appears, as well as "spitballs," etc. Clean mirrors and keep all
chrome fixtures clean. Sweep floors and properly dispose of all trash items.
Damp mop floor areas with disinfectant cleaner. Clean sinks, drains, counter tops,
toilet bowls and urinals with brush and disinfectant cleaner. All shower areas are
to be kept free of mildew, hair, dirt and soap scum. Clean and disinfect all floor
mats, benches and tihjd areas. Pour one gallon of water down each floor drain.
Monday through Friday
Entire Facility
Empty all central garbage and central compost containers each service day and
replace liner with proper type, size and depth. Clean central compost, central
garbage, and all recycling containers when necessary. Vacuum all carpeted floors
including any stairwells, offices, and open space areas. Sweep, damp mop (with
proper disinfectant cleaners), and dispose of all trash items on all non-carpeted floors.
Remove cobwebs from walls and ceilings. Refill towel dispensers. Clean marks from
glass on entry doors. Secure facility and set alarm.
Monday through Friday
Entire Facility.
Empty all central recycling containers two times per week on Tuesdays and
Thursdays and recycling containers at individual workstations one time per week
on Tuesdays. Replace central recycling liner with proper type, size and depth.
Check the designated collectorlhauler garbage containers located outside the
building, to see if cardboard is present. If cardboard is present, flatten if needed,
and transport material to designated recycling container.
Tuesdays and Thursdays
Entire Facility
Wash all windows, interior and exterior.
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 30
Scope Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
Frequency: Twice Annually
Type of Service: Entire Facility
Strip and refinish all tiled, linoleum and wood floor areas.
Frequency: Four Times Annually
Type of Service: Entire Facility
SprayBuff with a high-speed buffer all tiled, linoleum and wood floor areas.
Frequency: Monthly
Type of Service: Entire Facility
Clean all counters and tabletop surfaces removing all graffiti, pen and pencil marks,
dirt, etc. Clean exterior entranceways removing all dirt, cobwebs, etc. from wall and
floor surfaces.
Facility: Water Quality Control Buildings
Location: 2501 Embarcadero Way
Total Square Feet: 12,400
Servicing Frequency: Five Days per Week, (Sunday through Thursday)
Type of Service: Restrooms / Showers -Complete servicing.
Frequency:
Type of Service:
Empty all garbage and compost containers in all restrooms. All garbage and
compost containers to be kept cleaned and lined with proper liners, which must be
replaced immediately when needed. Empty and replace with new liners all
sanitary napkin receptacles. Replace and refill, as needed all dispensers and
containers. Damp wipe toilet partitions and all wall areas showing any stains,
spots, grime and/or any abuse in general. Remove any graffiti immediately from
any surface as it appears, as well as "spitballs," etc. Clean mirrors and keep all
chrome fixtures clean. Sweep floors and properly dispose of all trash items.
Damp mop floor areas with disinfectant cleaner. Clean sinks, drains; counter tops,
toilet bowls and urinals with brush and disinfectant cleaner. All shower areas are
to be kept free of mildew, hair, dirt and soap scum. Clean and disinfect all floor
mats, benches and tiled areas. Pour one gallon of water down each floor drain.
Monday through Friday
Entire Facility
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 31
Scope Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
Empty all recycling containers once per week on Thursdays. Replace central
recycling liner with proper type, size and depth. Empty all central garbage and
central compost containers each service day and replace liner with proper type, size
and depth. Clean central compost, central garbage, and all recycling containers when
necessary. Vacuum all carpeted floors including any stairwells, offices, and open
space areas. Sweep, damp mop (with proper disinfectant cleaners), and dispose of all
trash items on all non-carpeted floors. Remove cobwebs from walls and ceilings.
Refill towel dispensers. Clean marks from glass on entry doors. Secure facility and
set alann.
Frequency: Monday through Friday
Type of Service: Entire Facility
Wash all windows, interior and exterior.
Frequency: Twice Annually
Type of Service: Entire Facility
Strip and refinish all tiled, linoleum and wood floor areas.
Frequency: Four Times Annually
Type of Service: Entire Facility
SprayBuffwith a high-speed buffer all tiled, linoleum and wood floor areas.
Frequency: Monthly
Type of Service: Entire Facility
Clean all counters and tabletop surfaces removing all graffiti, pen and pencil marks,
dirt, etc. Clean exterior entranceways removing all dirt, cobwebs, etc. from wall and
floor surfaces.
Frequency: Four Times Annually
Facility: PARKING FACILITY "Q"
Location: 400 Block of High St.
Total Square Feet: 48,000
Type of Service: Garage Areas
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 32
"
Scope Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
Sweep and damp mop (with proper disinfectant cleaner) all stairwells, landings,
and elevators. Wipe down the elevator walls with proper disinfectant cleaner.
Remove any trash found in these areas. Empty and replace liners in all trash
containers.
Frequency: Mondays, Wednesdays and Fridays
Facility: PARKING FACILITY "J"
Location: 520 Webster St.
Total Square Feet: 148,000
Type of Service: Garage Areas
Sweep and damp mop (with proper disinfectant cleaner) all stairwells, landings,
and elevators. Wipe down the elevator walls with proper disinfectant cleaner.
Remove any trash found in these areas. Empty and replace liners in all trash
containers. Remove trash from complete facility including parking areas,
sidewalks, and ledges, around bike lockers and in storage areas. Clean and
sanitize any area that may have urine, human waste, blood or vomit. Sweep and
remove trash from sidewalk and around facility. Clean the alley between facility
and businesses.
Frequency: Mondays, Wednesdays, Fridays and Sundays
Facility: PARKING FACILITY "S/L"
Location: 445 Bryant St.
Total Square Feet: 229,380
Type of Service: Restrooms -Complete servicing.
Empty all trash and waste containers in all restrooms. All waste containers to be
kept lined with proper liners, which must be replaced immediately when needed.
Empty and replace with new liners all sanitary napkin receptacles. Replace and
refill, as needed all dispensers and containers. Damp wipe toilet partitions and all
wall areas showing any stains, spots, grime and/or any abuse in general. Remove
any graffiti immediately from any surface as it appears, as well as "spitballs," etc.
Clean mirrors and keep all chrome fixtures clean. Sweep floors and properly
dispose of all trash items. Damp mop floor areas with disinfectant cleaner. Clean
sinks, drains, counter tops, toilet bowls, changing stations and urinals with brush
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 33
Scope
Type of Service:
Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
and disinfectant cleaner. Pour one gallon of water down each floor drain. Lock
restroom doors after daily service.
Garage Areas
Sweep and damp mop (with proper disinfectant cleaner) all stairwells, landings,
and elevators. Wipe down the elevator walls with proper disinfectant cleaner.
Remove any trash found in these areas. Empty and replace liners in all trash
containers. Clean and sanitize any area that may have urine, human waste, blood
or vomit. Sweep and remove trash from sidewalk and around facility. Clean the
alley between facility and businesses.
Frequency: Seven Days a Week
Facility: PARKING FACILITY "R"
Location: 528 High St.
Total Square Feet: 93,930
Type of Service: Restrooms -Complete servicing.
Empty all trash and waste containers in all restrooms. All waste containers to be
kept lined with proper liners, which must be replaced immediately when needed.
Empty and replace with new liners all sanitary napkin receptacles. Replace and
refill, as needed all dispensers and containers. Damp wipe toilet partitions and all
wall areas showing any stains, spots, grime and/or any abuse in general. Remove
any graffiti immediately from any surface as it appears, as well as "spitballs," etc.
Clean mirrors and keep all chrome fixtures clean. Sweep floors and properly
dispose of all trash items. Damp mop floor areas with disinfectant cleaner. Clean
sinks, drains, counter tops, changing stations, toilet bowls and urinals with brush
and disinfectant cleaner. Pour one gallon of water down each floor drain. Lock
restroom doors after daily service.
Type of Service: Garage Areas
Sweep and damp mop (with proper disinfectant cleaner) all stairwells, landings,
and elevators. Wipe down the elevator walls with proper disinfectant cleaner.
Remove any trash found in these areas. Empty and replace liners in all trash
containers. Clean and sanitize any area that may have urine, human waste, blood
or vomit. Sweep and remove trash from sidewalk.and around facility. Clean the
alley between facility and businesses.
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 34
Scope Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
Frequency: Seven Days a Week
D. CITY REPRESENTATIVE
The contact for the Contractor with the City during the life of the contract shall be with the
City's Project Manager: Michael Wong, (650) 496-6989; 3201 East Bayshore Road, Palo
Alto, CA 94303. Email: thom.macway@cityofpaloalto.org
E. MISCELLANEOUS REQUIREMENTS
1. Codes
Work and materials must conform to the requirements of:
a. Safety Orders -State of California, Division of Industrial Safety
b. State Fire Marshall
c. OSHA Regulations
2. Work Scheduling and Performance
Times of servicing are to be determined by the City's Project Manager.
3. Parking
Contractor may utilize existing public parking space as required and available.
4. Building Deficiencies
Contractor will report any building deficiencies, (water or power outages, broken
locks, etc.), to the City's Project Manager no later than the next business day.
F. SECURITY
Contractor will be issued keys to all facilities requiring access under this contract. Contractor
shall lock all facilities after the work is completed, unless otherwise instructed in writing by
the City. Contractor shall not duplicate keys. Contractor shall return or account for all issued
keys at the end of the contract or upon contract termination. Failure to return all keys issued
will result in deductions from final invoice of all costs to the City in order to rekey the locks
on those facilities. Contractor shall provide to the City's Project Manager a current listing of
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 35
Scope Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
all personnel to whom keys have been assigned, including key identification and home
address of said personnel.
G. INSPECTION
The City's Project Manager, or his designee, will inspect all facilities covered under this
contract at least once each month. There will be no prior announcement of inspection tours
by the City.
H. SUPERVISION
Contractor must maintain at least (1) Supervisor who will monitor job performance of
Contractor's custodial staff to assure performance to required standards and be available to
the City's Project Manager at all times. This person must be able to communicate in both
written and verbal form with the City's Project Manager.
I. RESPONSIBILITY OF CONTRACTOR
The City assumes no responsibility whatsoever for loss or damage of equipment owned or
operated by the Contractor, his agents or employees. The entire responsibility for any and all
injury to the public, to individuals and to property resulting or indirectly caused by the
performance of the work hereunder must rest upon the Contractor, and he/she agrees to
indemnify and hold the City free and harmless from and against any and all liability, expense,
claims, costs, suits and damages arising out of negligence on the part of the Contractor.
J. PROPERTY DAMAGE
Any private or City property damaged or altered in any way during the performance of the
work under the contract shall be reported promptly to the City, and must be rectified in an
approved manner back to its former condition prior to damage at the Contractor's expense.
K. CONTRACTOR'S CONTACT
Contractor must provide the City's Project Manager with telephone numbers of all
supervisory personnel related to the contract.
L. EMERGENCY SERVICES
Contractor response time to emergency cleaning must be within two (2) hours of notification
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 36
Scope Exhibit A
SPECIFICATION CITYWIDE CUSTODIAL SERVICES
of said condition.
M. EQUIPMENT AND MATERIAL
Contractor must submit to the Project Manager for approval, a list of all equipment and
materials to be used in any City facility, prior to beginning of work to this contract.
N. BUILDING ALARMS
All building alarms must be activated once Contractor's staff has left and the facility is
vacated. Any false alarms caused by the Contractor, that are responded to by the Palo Alto
Police Department, are subject to a service fee which will be deducted from the Contractor's
monthly invoice.
O. COLLECTION SERVICE DETAIL
See spreadsheet below.
CITY OF PALO ALTO -GENERAL REQUIREMENTS AND SPECIFICATIONS 37
Exhibit B for Amendment #3
Monthly Fee Schedule
C-Way Custodian Services
Current
Facility Contract Price
Animal Services $821
Arastra Gateway $300
Art Center $2,309
Baylands Int. Center $513
Children's Library $1,248
Children's Theater $1,590
City Hall $4,804
College Terrace Library $667
Community Theater $1,590
Development Center $1,355
Downtown Library $975
Golf Course Clubhouse $1,149
Golf Course Workshop $616
Jr. Museum $1,488
Landfill Office $718
Main Library $1,898
Mitchell Park Library $1,436
MSC Buildings $3,180
All Park Restrooms $3,571
Rinconada Pool $1,385
Utility Offices $2,945
Water Quality Buildings $1,796
300 Hamilton $60
Parking Lot Q $616
Parking Lot R $1,770
Parking Lot S/L $1,890
Parking Lot J $1,180
Monthly Total $41,870
Increase for
Additional
Cleaning
Services New Price
$0 $821
$0 $300
$0 $2,309
$0 $513
$0 $1,248
$0 $1,590
$11,762 $16,566
$0 $667
$0 $1,590
$0 $1,355
$0 $975
$0 $1,149
$0 $616
$0 $1,488
$0 $718
$0 $1,898
$0 $1,436
$0 $3,180
$0 $3,571
$0 $1,385
$0 $2,945
$0 $1,796
$0 $60
$0 $616
$0 $1,770
$0 $1,890
$0 $1,180
$11,762 $53,632