HomeMy WebLinkAbout2010-07-19 City Council Agenda Packet
07/19/10
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 19, 2010
6:00 PM
REVISED
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 CITY ATTORNEY – ANTICIPATED LITIGATION
Significant Exposure to Litigation against the City of Palo Alto by
Local 1319, International Association of Firefighters
Authority: Government Code § 54956.9(b)(1) & (b)(3)(A)
7:00 p.m. or as soon as possible thereafter
SPECIAL ORDERS OF THE DAY
2. Adoption of a Resolution Expressing Appreciation to Nick Marinaro
Upon His Retirement
ATTACHMENT
3. Appointments for the Utilities Advisory Commission for Two Three
Year Terms Ending on June 30, 2013
2 07/19/10
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.
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.
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
Environmental Impact Report (DEIR) for the Stanford University
Medical Center Facilities Renewal and Replacement Project, Including
an Overview of the Noise, Geology, Soils & Seismicity, Hydrology,
Hazardous Materials, and Utilities Chapters of the DEIR
CMR 294:10 and ATTACHMENTS
4A. High Speed Rail Presentation on Background and History by
Californians Advocating Responsible Rail Design (CAARD)
5. 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 (Item continued from July 12, 2010)
CMR 291:10 and ATTACHMENTS
3 07/19/10
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.
6. Referral to Policy and Services Committee For its Review And
Recommendations Of Project Safety Net Community Task Force Report
On Palo Alto Youth And Teen Suicide Prevention and Strategies for
Addressing Their Social and Emotional Health
CMR 312:10 ATTACHMENT
7. Report From High Speed Rail Standing Committee on Recent Activity
and Request for Authorization for the City Manager to Enter Into (1) a
Contract with Capitol Advocates, Inc. in an Amount Not to Exceed
$30,000 for High Speed Rail Legislative Advocacy Services and (2) a
Contract with Hatch Mott and McDonald in an Amount Not to Exceed
$50,000 for On-Call Engineering Services Related to High Speed Rail
ATTACHMENT
8. Review and Comment on the 2009-2010 Santa Clara County Civil
Grand Jury Report “Cities Must Rein In Unsustainable Employee Costs”
CMR 315:10 and ATTACHMENT
CONSENT CALENDAR
Items will be voted on in one motion unless removed from the calendar by two Council Members.
9. Approval of a Contract with Valley Slurry Seal Co. in the Amount of
$977,577 for the 2010 Street Maintenance Program Slurry Seal and
Microsurfacing Capital Improvement Program Project PE-86070
CMR 305:10 and ATTACHMENTS
10. Adoption of a Resolution Expressing Appreciation to Robert Ward Upon
His Retirement
ATTACHMENT
4 07/19/10
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.
11. Approval of a Contract with Granite Construction Company in the
Amount of $2,226,227 for the 2010 Street Maintenance Program
Asphalt Overlay Capital Improvement Program Project PE-86070
CMR 311:10 and ATTACHMENTS
12. Adoption of a Resolution Summarily Vacating Public Access and Public
Recreation Access Easements at 600 and 620 Sand Hill Road
(Item continued from May 3, 2010)
ATTACHMENT
13. Approval of an Amendment to Ordinances Regarding Publications of
Board & Commission Recruitments: Adoption of an Ordinance
Amending Sections 2.18.030, 2.20.015, 2.21.020, 2.22.015,
2.23.020, 2.24.020, 2.25.020, and Section 16.49.030 of the
Palo Alto Municipal Code to Delete the Publication
Requirements for Board and Commission Recruitment Ads
and Adding Section 2.16.060 to Establish the Publication of
One Board and Commission Recruitment Advertisement in a
Two-Week Period
CLERK REPORT
14. Adoption of an Ordinance Amending Section 2.04.010, Relating
to Notice of Regular Meetings, and Section 2.04.070, Relating
to Notice of Agendas, of Chapter 2.04 of Title 2 of the Palo Alto
Municipal Code
CLERK REPORT
COUNCIL MEMBER QUESTIONS, COMMENTS, AND ANNOUNCEMENTS
Members of the public may not speak to the item(s).
5 07/19/10
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.
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.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
EXPRESSING APPRECIATION TO NICK MARINARO
UPON HIS RETIREMENT
WHEREAS, Nick Marinaro was Fire Chief for the City of Palo Alto beginning in December 2004 and
provided conscientious leadership and fostered collaborative relationships in his 5-1/2 years as Chief, which
followed 6 years as Deputy Fire Chief for a total of 37 years of dedicated service to the Stanford and Palo
Alto Fire communities; and
WHEREAS, Nick Marinaro served the Palo Alto Fire Department in a variety of key positions, including
Firefighter, Paramedic, Apparatus Operator, Captain, Battalion Chief, Training Officer, Fire Marshal, Deputy Fire
Chief and Fire Chief; and
WHEREAS, Nick Marinaro supported and encouraged positive change by the adoption of the 2007
California Fire and Building Codes, adoption of fire sprinkler requirements for new residential construction in
metropolitan Palo Alto, the addition of a Basic Life Support ambulance program, completion of the Foothills
Management Plan, completion of an EMS Master Plan, switch to Electronic Patient Care Reporting System
(ePCR) and Billing, replacement of six fire engines, and implementation of Mobile Data Computer systems
in all fire apparatus; and
WHEREAS, Nick Marinaro practiced compassionate management by helping establish the Critical
Incident Stress Debriefing (CISD) Program to assist fire personnel in dealing with the trauma of emotionally
sensitive incidents; and
WHEREAS, Nick Marinaro was widely recognized for his deep commitment to the Palo Alto Fire Department by
achieving such honors as President of the Santa Clara County Fire Chiefs Association, Coast Guard Reserve Patriotic
Employer Award; and
WHEREAS, Nick Marinaro has been an exemplary resident of the same community he served, by achieving such
honors as President of the Peninsula Lions Club, graduate of the Leadership Midpeninsula Class of 2003, received a
Bachelor of Science Degree in Human Biology from Stanford University and a Masters Degree in Public
Administration from Long Beach State University, and raising a prosperous family.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Palo Alto hereby
commends the outstanding public service of Nick Marinaro and records its appreciation as well as the
appreciation of the citizens of this community for the service and contributions rendered during his 37 years
of employment with the Fire Department.
INTRODUCED AND PASSED: JULY 19, 2010
ATTEST: APPROVED:
_____________________ __________________
City Clerk Mayor
APPROVED AS TO FORM:
_____________________ __________________
City Attorney City Manager
July 19, 2010 HONORABLE CITY COUNCIL City of Palo Alto SUBJECT: Appointments for the Utilities Advisory Commission for two three year terms ending on June 30, 2013. Dear Council Members: On Monday, July 19, 2010 the City Council is scheduled to make two appointments for three year terms for the Utilities Advisory Commission ending on June 30, 2013. The Candidates are as follows: Lisa Altieri William Berry James Cook Robert Entriken Mark Harris Arthur Roberts Robert Stillerman Voting will be by paper ballot. Five votes are required to be appointed. The first two candidates that receive at least five votes will be appointed. Respectfully submitted, Ronna Jojola Gonsalves Deputy City Clerk cc: Donna Grider, City Clerk Valerie Fong, Staff Liaison
ATTACHMENT A
TO: HONORABLE CITY COUNCIL
PLANNING AND TRANSPORTATION COMMISSION
FROM: CITY MANAGER DEPARTMENT: PLANNING
AND COMMUNITY ENVIRONMENT
DATE: JULY 19, 2010 CMR:·294:10
REPORT TYPE:. PUBLIC HEARING
SlTBJECT: Stanford University Medical Center Facilities Renewal and Replacement
Project Draft Environmental Impact Report -Comment on the Draft
. Environn1ental Impact Report, including an overview of the Noise, Geology,
Soils and Seismicity, Hydrology, Hazardous Materials, and Utilities Chapters.
EXECUTIVE SUMMARY
Staff recommends that the City Council and Planning and Transportation Commission (P &TC)
provide and accept public comments on the Draft Environmental Iplpact Report (DEIR) for the
Stanford University Medical Center Facility Renewal and Replacement Project (SUMC Project) and
forward comments to staff and consultants for response in the Final Environmental Impact Report
(FEIR). The DEIR began a 69-day public review period on May 20,2010. The review period ends on
July 27, 2010. Multiple meetings will be held with the City Council and P &TC to accept comments
on the DEIR. The staff report provides an overview of the Noise, Geology, Soils and Seismicity,
Hydrology, Hazardous Materials, and Utilities chapters of the DEIR, including the key impacts and
mitigation measures. The P&TC will hear these items on June 30, 2010.
RECOMMENDATION
Staff recommends that the City Council and the Planning and Transportation Commission:
1. Accept public comments on the DEIR; and
2. Forward comments on the DEIR to staff and the consultant for response in the FEIR.
BACKGROUND
On May 20, 2010, the SUMC Project DEIR was published starting a 69-day public review period.
On June 30th the P&TC will hold a public hearing to provide comments on the Noise, Geology, Soils
and Seismicity, Hydrology, Hazardous Materials, and Utilities chapters. On July 19th the City
Council will hold a public hearing on these chapters.
City of Palo Alto Page 1
Copies of the DEIR 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.org/sumc.
ENVIRONMENTAL REVIEW
Staff will provide an overview of the following chapters at the meeting:
• Noise (pages 3.7-1 through 3.7-39)
• Geology, Soils and Seismicity (pages 3.10-1 through 3.10-31)
• Hydrology (pages 3.11-1 through 3.11-57)
• Hazardous Materials (pages 3.12-1 through 3.12-53)
• Utilities (pages 3.15-1 through 3.15-37)
The comments on these chapters should be focused on whether the information presented in the
DEIR adequately covers the environmental impacts that could result from the proposed SUMC
Project. The hearings are meant to be opportunities to collect comments on the DEIR to ensqre that it
adequately describes and mitigates, if applicable, the environmental impacts of the Project.
1. Noise
Noise impacts are addressed in Section 3.7 of the D EIR. The chapter evaluates the potential for noise
and ground-borne vibration impacts resulting from implementation of the SUMC Project.
Significance Thresholds
Based on significance thresholds determined by the City, the SllMC Project would result in a
significant noise impact if it would:
During SUMC Project Construction
• Generate construction noise exceeding the daytime background LeqI at sensitive receptors by
10 dBA2 or more; or
• Expose persons to or generate excessive ground-borne vibrations during construction as
detemlined according to FTA vibration criteria (shown in Table 3.7-4). '
During SUMC Project Operation
• For SUMC-related traffic, ambulance operations and medical helicopter flights, cause Ldn3
to:
1 Leq -The equivalent energy noise level, is the average acoustic energy content of noise over any chosen exposure
time. The Leq is the constant noise level that would deliver the same acoustic energy to the ear as the actual time-
varying noise over the same exposure time. Leq does not depend on the time of day during which the noise occurs.
2 dBA -The standard unit of sound amplitude. It is a measure of the physical magnitude of the pressure variations
relative to the human threshold of perception.
3 Ldn -The day-night average noise level, is a 24-hour average Leq with a 10 dBA "penalty" added to noise during
the hours of 10 PM to 7 AM to account for increased nighttime noise sensivity. Because of this penalty, the Ldn
would always be higher than its corresponding 24-hour Leq (eg. a constant 60 dBA noise over 24 hours would have a
60 dBA Leq , but a 66.4 dBA Ldn).
City of Palo Alto Page 2
o Increase by 5 dBA or more in an existing residential area, even if the Ldn would
remain below 60 dBA;
o Increase by 3 dBA or more in an existing residential area, thereby causing the Ldn in
the area to exceed 60 dB; or
o Increase by 3 dBA or more in an existing residential area where the Ldn currently
exceeds 60 dBA (all as specified in CP Policy N-41).
• For SUMC-related medical helicopter flights, cause substantial increases in sleep disturbance
in residential neighborhoods as determined according to FICAN SEL/Awakening data (as
specified in Table 3.7-3.
• Cause an increase in noise from on-site, SUMC Project stationary sources or activities (i.e.,
HV AC equipment, emergency generator testing, loading dock activity, etc., all of which fit
the defmition of "any machine, animal, or device, or any combination of same, on
commercial or industrial property," as specified by Noise Ordinance Section 9.10.040) of8
dBA or more above the local ambient at any point outside the property plane of the project
site, unless the Ordinance's General Daytime Exception applies (i.e., source noise level less
than 70 dBA at a distance of25 feet during the hours specified in Noise Ordinance Section
9.1 0.060(b ».
Key Impacts and Mitigations
The following impact has been identified as significant (S); however this impact can be eliminated
through mitigation. The mitigation measures developed for each of the impacts are identified
below.
• NO-4: Operational Stationary Source Noise Impacts (S).
Mitigation Measure-
o NO-4.1: Shield or Enclose HV AC Equipment and Emergency Generators.
Significant and Unavoidable Impacts
The following impacts have been identified as significant and unavoidable (SU) even after
implementation of mitigation measures:
• NO-I: Construction Noise (SU).
• NO-5: Cumulative Construction Noise Impacts. (SU).
Mitigation Measure-
o NO-1.1: Implement Best Management Practices to Reduce Construction Noise.
• NO-3: Operational Noise Impacts from Transportation Sources (SU).
Mitigation Measure-
o No mitigation measure would prevent or reduce the impact.
Discussion
Construction of the SLTMC Project is anticipated to occur over approximately 12 years. Heavy duty
equipment such as excavators, drill rigs, concrete mixers and pump trucks would be used during
City of Palo Alto Page 3
demolition. The noise impacts of a project are usually defined as effects on sensitive receptors
outside the project boundaries, rather than those on the project site itself. However, because the SHC
and LPCH would continue to operate during construction, hospital patients, visitors, and SUMC
employees at the Main SUMC Site would experience construction noise and must be considered
sensitive receptors for purposes of analyzing construction noise associated with the SUMC Project.
The closest off-site sensitive land use that could be affected by noise from construction activities is
the 1100 Welch Road apartments, approximately 200 feet from the Main SUMC Site. The Stanford
West Apartments, located approximately 500 feet from the Main SUMC Site, across Sand Hill Road,
could also be affected. The maximum incremental effect of construction activity on ambient noise
levels at the nearest off-site noise-sensitive use would be less than 10 dBA, which is a less-than-
significant impact.
On-site construction activities would expose on-site noise-sensitive uses (especially the in-patient
hospital uses at SHC and LPCH) to high noise levels from operation of multiple pieces of
construction equipment working simultaneously. Construction noise levels could easily and often be
10 dBA or more higher than existing ambient when construction is occurring nearby and be an on-
going source of annoyance for patients, visitors, and workers. Therefore, construction noise would be
significant and unavoidable for on-site noise-sensitive receptors, especia1lypatients. Implementation
of mitigation measure NO-1.1 would not reduce construction noise impacts to on-site sensitive
receptors to less-than-significant levels, although they would lessen construction-related noise.
Impact NO-3 analyzes operational noise impacts from transportation sources, inc1udin~: Vehicular
traffic; heliport operations; and Emergency Department (ED) Operations. The SUMC project-related
traffic would increase noise levels along roadways most affected by SUMC Project traffic by a
maximum of 0.3 dBA Ldn along Welch Road. This increase in noise would not exceed the City's
Comprehensive Plan's 3 dBA standard.
Increase helicopter operations associated with the SUMC Project would amount to about one
additional flight per day and would have a less-than-significant impact.
The Project proposes to increase the size of the ED allowing for an increase in the number of
treatment spaces from 38 to 51. This would translate to approximately 39 additional ambulance trips
per day. The ED relocation would reroute some of the ambulance trips coming from EI Camino Real
to use Sand Hill Road (east of Durand Way), in contrast to their current access route via Quarry Road
(see Figure 3.7-6 and 3.7-7).
Increased ambulance operations would increase the daily average noise levels (i.e., Ldn) along the
ambulance routes by about 8 dBA from an existing Ldn of about 55 dBA at the Stanford West
Apartments. The SandHill Road ambulance noise increment would be project-related and greater
than the 5 dBA increase that the Comprehensive Plan defines as a threshold for residential uses. As
such, the increased ambulance noise along the new ambulance route on Sand Hill Road would be a
significant impact. While the Comprehensive Plan threshold is technically triggered, the Noise
Ordinance Section 9.10.050 exempts noise associated with "emergencies" from its standards and
penalties. The analysis conservatively includes anlbulance noise in the Ldn calculation, but
recognizes that this noise source is intermittent and largely unavoidable due to the SUMC Project's
City of Palo Alto Page 4
relocation of the SUMC ED. No mitigation measure (short of forbidding ambulance access to the
new emergency room via the Durand Way access route; a measure that may be practically impossible
given the emergency nature of ambulance activity) would prevent or reduce the identified SUMC
Project-related ambulance noise impact at the noise-sensitive uses along Sand Hill Road. As such,
the impact would be a significant unavoidable impact.
2. Geology, Soils and Seismicity
Geology, Soils and Seismicity impacts are addressed in Section 3.10 of the DEIR.
Significance Thresholds
Based on significance thresholds detennined by the City of Palo Alto, the Project would result in a
significant geologic or seismic impact if it would:
• Expose people or structures to substantial adverse effects including the risk of loss, injury or
death involving rupture of a known earthquake fault, strong seismic ground shaking, seismic-
related ground failure (including liquefaction), landslides, or expansive soil;
• Expose people or property to maj or geologic hazards that cannot be mitigated through the use
of standard engineering design and seismic safety techniques;
• Be located on a geologic unit or on soil that is unstable, or that would become unstable as a
result of the project and potentially result in on-or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse; or
• Cause substantial erosion or siltation.
Key Impacts and Mitigations
The DEIR identified no significant impacts.
Discussion
One purpose of the SUMC Project is to replace older buildings built prior to modern seismic safety
code requirements, with modern buildings constructed to applicable standards in order to reduce
geologic hazards to staff, patients, and visitors to the hospital portion of the SlJMC Project. The
non-hospital portion of the SUMC Project would be required to comply with construction standards
and seismic design criteria contained in the 2007 California Building Code (CBC), including the
Office of Statewide Health Planning and Development (OSHPD) 3 requirements where applicable.
The hospital portion of the SUMC Project would be required to meet the heightened safety standards
ofOSHPD, including the seismic requirements ofSB 1953. Implementation of these standards and
criteria would minimize the risk of loss, injury, or death from seismic events through the requirenlent
that the hospital building remain standing and be operational following a major earthquake. Because
the hospital portion of the SUMC Project would be required to conform to current OSHPD 1
standards of the 2007 CBC, it would not create any significant seismic hazards, soil instability
hazards, or other hazardous geotechnical con4itions. The design of the non-hospital portion of the
SUMC Project would be required to meet the standards contained in the current City Building Code
(based almost entirely on the 2007 CBC) and, therefore, would not create any significant seismic
hazards, soil instability hazards, or other hazardous geotechnical conditions.
City of Palo Alto Page 5
Because all aspects of seismic-related hazards, other geotechnical hazards, and erosion and siltation
issues are regulated by City or State codes, no mitigation measures are required for the SUMC
Project.
3. Hydrology
Hydrology impacts are addressed in Section 3.11 of the DEIR. This section of the DEIR evaluates
whether the SUMC Project could affect storm drainage and streams, as well as local groundwater
resources in the area.
Significance Thresholds
Based on significance thresholds determined by the City of Palo Alto, the SUMC Project would
result in a significant drainage or water quality impact if it would:
• Substantially impede or redirect flood flows through placement of structures in the 100-year
flood hazard area;
• Substantially degrade or deplete groundwater resources or interfere substantially with
groundwater recharge such that there would be a net deficit in aquifer volume or a lowering
of the local groundwater table level;
• Substantially increase the rate, volume, or flow duration of stormwater runoff or alter the
existing drainage pa~tem or the site or area, including altering the course of a stream or river,
in a manner which would result in substantial erosion or siltation on-or off-site, including
increased in-stream erosion;
• Significantly increase the rate, volume, or flow duration of stormwater runoff in a manner
which would result in new or increased flooding on-or off-site, or exceedance of the capacity
of existing or planned stormwater drainage systems in local streams;
• Provide substantial additional sources of pollutants associated with urban runoff or otherwise
substantially degrade surf~ce or groundwater quality;
• Expose people or structures to a significant risk or loss, injury or death involving flooding by
placing housing or other development in a 100-year flood hazard area or a levee or dam
failure inundation area;
• Result in stream bank instability; or
• Violate any water quality standards or waste discharge requirements.
Key Impacts and Mitigations
The following impact has been identified as significant (S); however this impact can be eliminated
through mitigation. The mitigation measures developed for each of the impacts are identified
below.
• HW-3: Groundwater Quality (S).
Mitigation Measure-
o HW-3.1: Develop a work plan for any unknown contaminated sites.
City of Palo Alto Page 6
Discussion
During construction, impervious surfaces (e.g., parking lots and buildings) would be removed and
pervious surfaces exposed to rainfall and runoff waters. Prior to the beginning of construction
activities, a stormwater pollution prevention plan (SWPPP) is required. The SWPPP includes a
description of the construction erosion and sediment controls and control of post-construction
sediment and erosion control measures and maintenance responsibilities to be implemented. Also,
the City of Palo Alto Urban Runoff Management Plan includes performance standards for meeting
requirements of the Municipal National Pollutant Discharge Elimination System (NPDES) Permit.
There are limited areas on the SUMC sites where soil contamination has occurred. The SUMC
Project sponsors intend to remove all contaminated soil from these sites prior to SUMC Project
construction. Implementation ofHW-3. 1 would reduce the SUMC Project's impact on groundwater
to a less-than-significant level.
The SUMC Site surface is currently about 27 percent pervious land surfaces with about 3 percent of
green roofs. Implementation of the SUMC Project would replace existing buildings and surface
parking lots with new buildings, underground parking, and a new parking structure, and ultimately
create about 26 percent pervious land surfaces and about 11 percent of green roofs. Greenroofs can
detain 60 to 100 percent of precipitation, depending upon the substrate and size of storm event. The
increased amount of pervious surfaces would reduce the amount of stormwater runoff from the
SUMC Proj ect compared to existing conditions. Because the pre-development hydro graph would be
maintained, post-construction conditions under the SUMC Project would not substantially increase
off-site bed or bank erosion or sedimentation in San Francisquito Creek.
4. Hazardous Materials
Hazardous Materials impacts are addressed in Section 3.12 of the DEIR. This section of the DEIR
provides an analysis of the potential for the SUMC Project to expose persons or the environment to
hazardous materials. Public health concerns addressed in this section and associated with the SUMC
Project generally fall into four categories: hazardous materials; hazardous waste; contaminated soil
and groundwater; and hazardous building components. Four (4) Phase I Environmental Site
Assessments (ESAs), one( 1) Phase II ESA, and .additional soil vapor and groundwater sampling were
completed in order to assess the conditions at the SUMC Sites and identify potential hazardous
conditions within theSUMC Project boundary.
Significance Thresholds
Based on significance thresholds determined by the City of Palo Alto, the SUMC Project would
result in a significant hazardous materials impact if it would:
• Create a significant hazard to the public or the environment as a result of the routine
transport, use, or disposal of hazardous materials;
• Create a significant hazard to the public or the environment through reasonably foreseeable
upset and accident, conditions involving the release of hazardous n1aterials into the
environment;
• Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or
City of Palo Alto Page 7
waste within one-quarter mile of an existing or proposed school;
• Construct a school on a property that is subject to hazards from hazardous materials
contamination, emissions, or accidental release;
• Create a significant hazard to the public or theenvironnient from existing hazardous
materials contamination by exposing future occupants or users of the site to contamination
either in excess of soil and groundwater cleanup goals developed for the site or from location
on listed hazardous materials sites compiled pursuant to Government Code 8ection 65962.5;
• Expose people or structures to a significant risk of loss, injury, or death involving wildland
fires;
• Result in a safety hazard from a public airport for people residing or working within the
project area; or
• Impair implementation of or physically interfere with an adopted emergency response or
evacuation plan.
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.
• HM-2: Demolition and construction-related hazardous materials disturbance (8).
• HM-12: Cumulative disturbance of hazardous materials from construction (8).
Mitigation Measure-
o HM-2.1: Conduct asbestos survey at the 8UMC sites.
• HM-3: Exposure to contaminated soil and/or groundwater during construction (8).
• HM-13: Cumulative exposure to contaminated soil and/or groundwater, and from Cortese
List sites (8).
Mitigation Measure-
o HM-3.1: Perform a Phase II E8A for the 701 Welch site;
o HM-3.2: Excavate contaminated soil from the 703 Welch site;
o HM-3.3: Conduct a soil vapor program at the Hoover Pavilion site;
o HM-3.4: Develop a site management plan for the Hoover Pavilion site.
• HM -7: Occur on a site included on the Cortese List, a List ofHazan:lous Materials sites. (8).
Mitigation Measure-
o HM-3.3: Conduct a soil vapor program at the Hoover Pavilion site.
o HM-3.4: Develop a site management plan for the Hoover Pavilion site.
• HM-10: Impairment of emergency plans (8).
• HM-15: Cumulative impairment of emergency plans (8).
Mitigation Measure-
o HM-10.1: Coordinate construction activities with the City of Palo Alto.
o TR-1.1: Provide off-street parking for construction related vehicles;
City of Palo Alto Page 8
o TR-1.4: Restrict construction hours;
o TR-1.5: Restrict construction truck routes;
o TR-1.6: Protect public roadways during construction;
o TR-1.8: Prepare and implement construction impact mitigation plan;
o TR-9.1: Pay fair share towards Opticonl installation.
Discussion
The SUMC Project would require demolition of about 1.2 million square feet of existing buildings,
some of which date back to 1953. Because it was common building practice to use materials
containing asbestos, PCBs, lead, and mercury in structures built prior to 1981, demolition of the
existing buildings (which were built prior to 1981) could disturb these hazardous building materials
and, without control nleasures, the hazardous materials could cause adverse health or safety effects to
construction workers, the public, and/or the environment. Implementation of mitigation measure
HM-2.1 would reduce impacts from exposure to asbestos containing materials to a less-than-
significant level at SUMC Sites by ensuring that all asbestos containing materials are identified and
renl0ved prior to structural modification and/or demolition.
With implementation of Mitigation Measure HM-3.1 through HM-3.4, the significant impact on
construction personnel and the public due to exposure to contaminated soil and/or groundwater at the
SUMC Sites would be reduced to less-than-significant levels. In addition, Mitigation Measure HW-
3.1 in Section 3.11, Hydrology, would require the SUMC Project sponsors to develop a work plan
for any unknown contaminated site, which would further reduce the impacts to less than significant.
Mitigation Measure HM-3.4 would require specification of measures to prevent hazards from any
remediation itself. As such, these would be less-than-significant impacts from any remediation.
The Hazardous Waste and Substances Sites (Cortese) List is a planning document used by the State,
local agencies, and developers to comply with CEQA requirements in providing information about
the location of hazardous materials release sites. The Hoover Pavilion Site is listed on the Cortese
List. As such, construction at the Hoover Pavilion Site could potentially expose future occupants and
the environment to hazardous materials, resulting in a significant impact. Implementation of
Mitigation Measures HM-3.3 and HM-3.4, which involve the implementation of a soil vapor
program and development of a site management plan, would reduce the potential for exposure to
hazardous materials at the Hoover Pavilion Site to less-than-significant levels. Additionally,
compliance with current federal, State and local regulations would help prevent any further exposure
to hazardous materials.
The City's Emergency Operations Plan (EOP) is the governing document regarding emergency
response and evacuation. The construction truck routes for the SUMC Project identified in Figure
3.4-6 of the DEIR also serve as evacuation routes. Construction traffic could potentially interfere
with emergency access along these routes. Additionally, upgrades to utility infrastructure along Sand
Hill and Arboretum Roads could temporarily interfere with the City's emergency evaluation plan.
Operation of the SUMC Project would increase vehicular travel within the City and would degrade
the level of service at several intersections. This would increase travel time by emergency vehicles.
Mitigation Measure HM-10.1 requires advance coordination with the City of Palo Alto on
construction routes or roadway closures. This measure? together with Mitigation Measures TR -1.1,
City of Palo Alto Page 9
TR-1.4 through TR-1.6, and TR-1.8, which all involve construction-period traffic controls would
reduce the significant construction-period impacts to a less-than-significant level. Mitigation
Measure TR-9.1 would involve the installation of emergency vehicle traffic signal priority
(OptiCom) at all intersections significantly impacted by the Sl.TMC Project. Mitigation Measure TR-
9.1 would reduce impacts on emergency access during operation. Implementation of these nleasures
would reduce the SUMC Project's impact to emergency evacuation and response plans to a less-
than-significant level.
5. Utilities
Utility impacts are addressed in Section 3.15 of the DEIR. This section of the DEIR addresses
whether the potential increase in demand would overtax, to a significant degree, the capacity of the
infrastructure systems serving the SUMC sites including, water supply, wastewater collection and
treatment, storm drainage, solid waste disposal, and energy (which includes electricity and natural
gas). A Water Supply Assessment (WSA) addressing the SUMC Project has been prepared and
approved by the Palo Alto City Council on March 16,2010.
Significance Thresholds
Based on significance thresholds determined by the City of Palo Alto, the SUMC Project would
result in a significant utilities impact if it would:
• Exceed wastewater treatment requirements of the Regional Water Quality Control Board
(RWQCB);
• Require or result in the construction of new stormwater or wastewater facilities or expansion
of existing facilities, the construction of which could cause significant environmental effects;
• Result in a determination by the wastewater treatment provider that it has'inadequate capacity
to serve the project's projected demand in addition to the provider's existing commitments;
• Need new or expanded entitlements for water supplies;
• Be served by a landfill with insufficient permitted capacity;
• Result in adverse physical impacts from new or expanded utility facilities required to provide
service as a result of the project; or
• Result in a substantial physical deterioration of a utility facility due to increased use as a
result of the project.
Key Impacts and Mitigations
The DEIR identified no significant impacts.
Discussion
Although the SUMC Project would not need new or e~panded entitlements for water supplies and
would have a less-than-significant impact related to water demand, there are measures the City could
encourage the SUMC Project sponsors to implement or consider imposing as conditions of approval.
These measures would help reduce the actual water demands of the SUMC Project to below
projected levels, and would thereby reduce the extent to which the City would need to implement its
Water Shortage Contingency Plan during dry-year supply reductions from SFPUC.
City of Palo Alto Page 10
Stanford has identified a list of conservation measures that it proposes to implement to help reduce
the. water demands of the SUMC Project. The City may impose these as conditions of approval.
These improvements are listed on pages 3.15-21 and 22 of the DEIR.
The SUMC Project would not require the expansion or installation of new wastewater facilities. The
existing stormwater facilities serving the SUMC Project have adequate capacity to convey the 6-hour
10-year storm event without flooding. Also, the SlTMC Project would increase pervious area and
thereby decrease runoff.
As the SMART Station and Kirby Landfill are projected to have available capacity, the SUMC
Project would not require expansion of solid waste disposal facilities. The S~C Project sponsors
have identified recycling efforts that they currently implement or would implement as part of the
SUMC Project. These are listed on pages 3.15-27 and 28 of the DEIR. In addition, Section 3.6,
Climate Change, lists measures that the SUMC Project sponsors are implementing to reduce waste
through purchasing decisions, reuse of materials and equipment, use of building materials and
products that generate less waste than comparable materials and products, and other programs
designed to minimize waste. These programs are furthering the goals of the City's Zero Waste
StrategicPlan. The SUMC Project would have a less-than-significant impact related to solid waste
generation.
The SUMC Sites are already developed and connected to the City'S electrical and natural gas
infrastructure. The SlTMC Project may require additional electrical feeder cables to supply its
increase in electricity demand. The SUMC Project would include installation of theses cables. The
SUMC Project Sponsors have. included measures to reduce energy consumption associated with
SUMC Project operations beyond the levels otherwise required by Title 24 and OSHPD
requirements. These are listed on pages 3.15-30 and 31 of the DEIR.
NEXT STEPS
The Architectural Review Board (ARB) will conduct a meeting to provide comments on the Visual
Quality Chapter of the DEIR on July 1,2010. The Historic Resources Board (HRB) will conduct a
meeting to provide comments on the Cultural Resources chapter on July 7,2010.
The P&TC will conduct a meeting on July 7 and the City Council on July 26 to review Alternatives
and Mitigation Measures. These are the final topics for each review body to consider. The public
review period will close on July 27,2010.
Subsequent to public testimony and P&TC , Council, ARB and HRB comments, along with the
written comments submitted on the DEIR during the 69-daypublic review period, the EIR consultant
and staffwill prepare a Final EIRJResponse 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.
City of Palo Alto Page 11
All ACHMENT B
1 Planning and Transportation Commission
2" Verbatim Minutes
3 June 30, 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 (DEIR) for the Stanford
9 University Medical Center Facilities Renewal and Replacement Project, including an overview
10 of the Noise, Geology, Soils & seismicity, Hydrology, Hazardous materials, and Utilities
11 chapters of the DEIR.
12
13 Mr. Steven Turner, Advance Planning Manager: Thank you Chair Garber and Commissioners.
14 My name is Steven Turner, Advance Planning Manager, and Project Manager for the Stanford
15 University Medical Center Projects. 'Tonight we are continuing our discussion and public
16 comment for the Draft EIR for the SUMC projects. As the Commissioner and hopefully the
17 public know the Draft EIR was released for a public review starting on May 20 for 69 days with
18 an end of the public review period being Tuesday, July 27,2010. We are breaking down the
19 review of the Draft EIR into chapter so that we may get ample opportunity to review and
20 comment, and accept comments and questions regarding each chapter.
21
22 So for tonight we are looking at, as Chair Garber mentioned, Noise, Geology, Soils and
23 seismicity, Hydrology, Hazardous Materials, and Utilities chapters. The purpose of the meeting
24 tonight is collect comments and questions on the Draft EIR. It is not intended to discuss or
25 debate the merits of the project. It would be helpful for the Commissioner and members of the
26 public to keep the comments and questions on the topics identified in the Staff Report, but
27 certainly we will accept comments and questions on all chapters of the Draft EIR. Once the
28 public review period has concluded at the end of July all of the comments and questions will be
29 addressed during the preparation of the Final EIR.
30
31 Just a little bit about the format for tonight's nleeting. We will have Trixie Martelino from
32 PBS&J provide an overview of the chapters. After Trixie's presentation we will hear from
33 Stanford University. They will have a short presentation. Then we will open it up to the
34 Conlffiissioners for question and comments. With that I will had the presentation to Trixie
35 Martelino.
36
37 Ms. Trixie Martelino, PBS&J Consulting: Thank you Steven, and good evening. With me
38 tonight is Rod Jeung, and also we have here GoeffHomek who prepared the Noise Analysis and
39 Leanne Albe who prepared the water supply related discussions in the EIR. Leanne also worked
40 on the water supply assessment which fed into the EIR water supply discussions, and which was
41 approved by City Council in March.
42
43 So as mentioned by Steven, we are delving into the Noise, Geology, Soils, and Seismicity,
44 Hydrology, Hazardous Material, and Utilities sections. The first topic we will get into in Noise.
45 The table above summarizes the noise impacts of the SUMC project. As previously discussed NI
46 on the above table stands for No Impact, LTS for Less Than Significant, SILTS is a Significant
Page 1
1 Impact without mitigation but less than Significant after mitigation, and SU indicates a
2 Significant Unavoidable impact that cannot be mitigated to Less Than Significant levels.
3
4 As Shown in the table vibrations emitted during construction would be less than significant
5 however, during construction of the project there would be significant impacts from noise
. 6 emissions that cannot be mitigated to less than significant. During operation of the project there
7 would be significant impacts from stationary noise sources, particularly mechanical equipment,
8 which would have significant impacts on nearby residential uses. There would also be
9 significant impact from ambulance noise due to the creation of a new ambulance route along
10 Sand Hill Road. The noise generated would increase ambient noise levels along sensitive uses'
11 therein, and the noise cannot be mitigated to less than significant levels.
12
13 I would like to delve in a little bit more to the significant unavoidable impacts. During
14 construction, which would last approximately 12 years, there would be use of heavy construction
15 equipment. Noise from construction activities would have a less than significant impact on
16 sensitive receptors outside the project sites, but would significantly impact sensitive receptors
17 within the project site, especially inpatients.
18
19 As mentioned earlier, the project would create a new ambulance route along Sand Hill Road
20 between EI Camino Real and the proposed Durand Way extension. There are sensitive receptors
21 along this route including Stanford West Apartments, the Hyatt Classic Residences for senior
22 living, and the Ronald McDonald House. Assuming that one ambulance siren per day would be
23 experienced along this route the increase in average noise levels would exceed the allowable
24 limit as specified in the Comprehensive Plan. There is no feasible nlitigation that would reduce
25 ambulance noise given the emergency nature of this noise source.
26
27 In the cumulative scenario if construction at the larger Stanford University campus would occur
28 concurrently with SUMC project construction than cumulative construction noise would be
29 significant at nearby residences such as the 1100 Welch Road apartments. Mitigation measures
30 that have been identified for significant noise impacts are summarized above .. For construction
31 noise Measure NO-1.1 requires best management practices such as noise shielding, using quieter
32 equipment, and provisions of the Noise Disturbance Coordinator to respond to any noise
33 complaints. However, even with such measures noise levels would remain significant and
34 unavoidable.
35
36 During operation of mechanical equipment Mitigation Measure NO-4.1 requires acoustical
37 shielding, which would sufficiently reduce noise from mechanical equipment to less than
38 significant.
39
40 The next topic is Geology, Soils, and Seismicity. Before we get into the summary of Geology
41 related impacts it should be noted that one of the foremost reasons the project is being proposed
42 is to comply with state law for seismic safety. The Alquist Hospital Facility Seismic Safety Act
43· and Senate Bi111953 require that acute care hospitals throughout the state need heightened
44 seismic safety standards by certain deadlines so that they remain standing and operable after a
45 major earthquake. The Office of Statewide Health Planning and Development, or OSHPD,
46 would review the project for compliance with design standards for the hospital components.
Page 2
1 Non-hospital facilities at the Medical Center would be subject to design requirements under the
2 City's Building Code. As such, the project would upgrade seismic safety design at the Medical
3 Center and reduce geologic hazards to staff, patients, and visitors. Given the design
4 improvements as shown in the above table, impacts related to seismic hazards and other
5 geotechnical hazards would be less than significant. Also, impacts related to erosion would be
6 less than significant.
7
8 The next topic is Hydrology. In general,hydrology impacts would be less than significant with
9 the exception of potentially degrading groundwater quality. Previous investigations have
10 identified contamination concerns at 701 and 703 Welch Road, and at the Hoover Pavilion site.
11 It is possible that unknown remnant contamination may occur at the SUMC sites. Construction
12 could expose contaminated soils and pollutants, which could then infiltrate into groundwater
13 during rainfall or through runoff As such the EIR conservatively concludes that there could be
14 significant impacts on groundwater quality during construction. As shown in the table other
15 "hydrology related impacts regarding impeding flood flow, increase erosion, exceedance of
16 stormwater capacity, and degradation of surface water quality would be less than significant.
17 Other hydrology impacts including dam failure and, inundation risk resulting in stream bank
18 instability or violation of water quality standards would also be less than significant.
19
20 Mitigation Measure HW-3.1 requires measure to reduce potential risk of groundwater
21 contamination. The measure requires that construction ceases if suspected contaminated soils
22 are encountered. At that time a site safety plan and sampling work plan would be developed and
23 implemented. If results show that there are contaminated soils a removal action plan would be
24 required. All these actions would be subject to approval by the Department of Toxic Substances
25 Control.
26
27 Next is Hazardous Materials. The above slide shows a summary of impacts related to hazardous
28 materials. Impacts related to disturbance of hazardous materials during construction would be
29 significant but mitigated to less than significant. In specific, the demolition of older buildings
30 could release asbestos, lead, and mercury and expose workers or members of the public to these
31 substances. These impacts would be significant but mitigable on both the project level and
32 cumulative level.
33
34 The project could also disturb contaminated soils during excavation. As stated previously soil
35 contamination concerns have been identified at 701 and 703 Welch Road, and at the Hoover
36 Pavilion site. Ground disturbance at or near these areas could potentially encounter unknown
37 contaminated soils and expose workers or the pUblic. This impact would be significant but
38 mitigable to less than significant on both project level and cumulative level. Other impacts
39 would be less than significant due to the various regulations that the hospital and other uses
40 onsite would be subject to, these include handling of hazardous materials, exposure to the public
41 of hazardous waste, emissions of hazardous materials within one-quarter mile of a school.
42
43 The above slide is a continuation of the impact summary. As shown, there would be a
44 significant impact related to construction on the site and the Cortese List. The Cortese List is an
45 annually updated list of sites with known hazardous materials releases or spills. It is updated
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annually primarily by the California EPA. The Hoover Pavilion site is on the Cortese List as
such impacts would be significant but mitigable to less than significant.
Lastly, due to the large construction efforts, construction traffic, and post-construction traffic
would potentially hinder the City's emergency response plans. The above slide summarizes
some of the mitigation measures that have been identified to prevent the release of hazardous
substances during demolition efforts. Mitigation Measure HM-2.1 requires the applicant to
conduct as asbestos survey at the sites to reduce risk related to exposure of contaminated soils.
Mitigation Measures HM-3.1 through HM-3.4 require various measures such as performing of
Phase II Environmental Site Assessment, excavation of contaminated soil, conducting a soil
vapor program, and developing a site management plan for the Hoover Pavilion site. As shown
above, Mitigation Measures HM-3.3 and HM-3.4 again pertain to the Hoover Pavilion site and
prevent risk of hazardous materials exposure at the site.
As mentioned earlier one of the impacts would be potential interference with emergency plans.
Mitigation Measure HM-10.1, Mitigation Measures TR-1.1 through 1.8 and Mitigation Measure
TR-1.9 would alleviate potential impacts to emergency evacuation plans through coordination of
construction activities with the City of Palo Alto, through provision of a Transportation
Management plan during construction, and through provision of providing the Opticom
technology, which would enable emergency vehicles to pass through congested intersections.
The last subj ect is Utilities. As shown in the above slide utilities impacts would be less than
significant. The Utilities analysis looked at the need for expanded entitlements for water supply,
exceedances of wastewater treatment requirements, or the need for expanded wastewater
facilities, the need for expanded stormwater facilities, exceedance of landfill capacity, or the
need for expanded energy facilities. Under all these subjects impacts would be less than
significant and no mitigation measures would be necessary. That concludes the presentation.
Mr. Turner: Next we will hear from the project applicant.
Chair Garber: Will you need more than 15 minutes?
Mr. Mark Tortorich, Vice President, Design and Construction, Stanford Medical Center: No, 15
minutes ought to be just fine. Good evening Chair Garber and members of the Planning
Commission. We wanted to cover two of the topics this evening with you, obviously reviewing
first Seismic Safety and then Water Conservation Measures.
So one of the principle drivers of our project is to make earthquake safe buildings for Stanford
Medical Center. What drives this is the state law, SB 1953. State law categorizes existing
buildings into five categories from the worst being SPC 1 characterized as a potential collapse
hazard, to the best being SPC5. It is the state's desire to have hospitals over time be fully
compliant with the SPC5 criteria for hospitals. Stanford buildings fall into the categories of 1, 2,
3, and 4, and our proposed projects obviously would fall into category 5.
We have a significant component of our existing 1959 hospital that is a category 1, and SPC1
category. We also have portions of the 1959 hospital that category 2. Under the state law the
Page 4
1 particular structural elements of the 1959 building, it is a concrete frame, cannot be retrofit to
2 move into the SPC3 category, which would allow youto use those buildings beyond 2030. So
3 there is no retrofit strategy possible under current law to retrofit the 1959 buildings to operate
4 beyond 2030.
5
6 Our 1973 buildings fit into the SPC3 category. Here the state says the buildings are not a
7 collapse hazard and will protect life and lirrlb during a major earthquake but may not be
8 serviceable after a major earthquake. So obviously that is a building that ultimately needs
9 replacement to meet with the new criteria.
10
11 Then category 4 and category 5 buildings will perform better. Obviously the category 5
12 buildings are designed to meet the standards in existence today, which are standards that are
13 continually being updated based upon knowledge learned from recent earthquakes, such as those
14 in Northridge. Our 1989 and our Children's Hospital building meet the category 4 standard.
15
16 So the map gives you a bit of an orientation as to how this puzzle works. So orienting you to the
17 Medical Center, this is Welch Road, the Pasteur Mall entrance, and then this U-shaped structure
18 is the 1959 building. So as you can see the majority of the 1959 structure is actually that
19 category 1. We should be compliant currently by January 1,2013 with a replacement facility.
20 That 2013 date maybe extended to 2015 if we meet certain milestones of progress as viewed by
21 the State of California.
22
23 So as you can see those are our School of Medicine buildings, and a component of the Stanford
24 Hospital. Another component of that 1959 hospital, and this just purely based upon the
25 geometry, fits into the category 2. So this is the where actually all of the patient beds in the 1959
26 structure fit into this region, but again that building cannot be used beyond 2030 no matter what
27 we do it. It is not eligible for a retrofit.
28
29 Our core expansion, which was built in 1973, is here. As you know, as part of our proposal we
30 are proposing replacement. We are not proposing replacement of the 1989 structure or of the
31 Children's Hospital structure. We feel after consulting with our engineers that the buildings are
32 of sufficient strength to withstand nlajor earthquakes and should be serviceable after a major
33 earthquake, although they don't meet the current standards for hospitals that are under design.
34
35 Obviously, California is at risk for a major earthquake. I remember feeling after the Lorna Prieta
36 earthquake in 1989 that wasn't the big one but it certainly would postpone it for another 20 or 30
37 years. Well, guess what? It was 20 years ago or nlore that it was Lorna Prieta. So we clearly are
38 eligible and we predict obviously, or the engineers predict that we are ready for a major
39 earthquake. The map to the right sort of gives you the geographic location of Palo Alto in
40 between the San Andreas Fault and the Hayward Fault, as well as the prediction of a 62 percent
41 chance of a nlajor earthquake on one of those faults between now and I believe that is 2032.
42
43 The State of California reviews our geologic reports and assesses the hazards and establishes the
44 design criteria for our buildings. They have been reviewing our reports for over a year. In fact
45 probably 18 months at this point. They have come to us very recently and said they don't think
46 that we have accurately assessed the maximum credible earthquake predicted for this San
Page 5
1 Andreas Fault. We have used obviously what conventional wisdom uses, which is it is a 7.8
2 earthquake, which is the maximum credible. They wanted us to increase that force level to about
3 8.04, which there is order of magnitudes of greater force level. We have negotiated with them to
4 use what we think is reasonable at 7.9. There is also a Monte Vista Fault, one that I wasn't fully
5 aware of that is just on the uphill side of280. Again, the state geologists have questioned
6 whether there would be a simultaneous rupture of the Monte Vista Fault and the San Andreas
7 Fault. They have asked us to upgrade the design of the building to accommodate that
8 eventuality. So there is quite a level of scrutiny that goes through our geologic reports and our
9 building designs have to accommodate the judgments of the state as they evaluate these hospital
10 facilities.
11
12 Many lessons were learned from the Northridge Earthquake. Those lessons are that hospitals can
13 be evacuated not just for structural damage but for non structural damage. As you look at the
14 tally of eight hospitals that had partial or full evacuations after the Northridge Earthquake you
15 will see that many of those evacuations were the result of nonstructural damage. So you can see
16 the large numbers of patients that are being transferred from these hospitals because of
17 nonstructural damage or structural damage. All of our facilities at some point have to go through
18 a non structural upgrade. There are certain provisions of the law, which we just don't meet yet.
19 Our strategy obviously for the Children's Hospital expansion and for the replacement for the
20 adult hospital is to accommodate both the nonstructural criteria and the structural criteria
21 simultaneously through the new construction.
22
23 This is obviously the more famous hospital building collapse in the San Fernando Earthquake.
24 Just to give you sort of some rules of thumb, hospital building structures are designed to be at
25 least 50 percent stronger than conventional structures. That obviously follows through all the
26 structural elements and nonstructural elements. Not only do we have to brace the nonstructural
27 elenlents of the building but OSHPD has also decided now that major pieces of medical
28 equipment have to be certified for the internal workings to survive the predictable force of the
29 earthquakes. So the MRI now has to be certified by the manufacturer that the internal
30 components will withstand the force of an earthquake, not just the room in which that MRI sits.
31 Obviously construction costs reflect the added levels of safety. Construction costs excluding the
32 equipment are nearly twice what they are for conventional office buildings, and probably that
33 factor grows even more as OSHPD develops new and newer requirements for earthquake safety.
34
35 So in the adult hospital, which is the larger of the two buildings, we are using a base isolation
36 system. That has been used on a nutnber ofprojects in earthquake country. The most recent and
37 relevant proj ects to us that are good examples to look at are Mills Peninsula Hospital and San
38 Francisco International Airport. The base isolators actually separate the structural frame from
39 the foundation. They are gigantic shock absorbers so they will diminish the force that the
40 structural frame feels through an earthquake. To accommodate the shock absorbers we actually
41 have to build a moat around the building so that the building can nl0ve separately from the
42 ground that surrounds it. So it is a fairly complicated system but one worth the investment when
43 you consider the value of these buildings in a natural disaster.
44
45 So changing topics slightly to water conservation, and some of the measures we are employing in
46 our design. So clearly the new hospital buildings and the medical office structures and the other
Page 6
1 structures that we are proposing in this entitlement will conserve water by their design and their
2 use. Here are some of the features. Obviously the automatic sensors on faucets and urinals, low
3 flow fixtures, the use of dual flush systems, but we are also using different methods to wash your
4 hands. The antimicrobial hand rinse pumps are already in current practice within the hospital.
5 So we are trying to minimize water use whenever we can.
6
7 Our new hospital grounds are being designed to incorporate obviously sustainable features. You
8 have seen our green roofs, and you have seen our landscaping design. We are obviously going to
9 incorporate maximum use of drought tolerant landscape as possible. Look at how we manage
10 water use, and I will talk a little bit later about some of the features within the building design to
11 actually capture water, but then also features like using lawn mowers that will recycle the grass
12 clippings.
13
14 So our water planning strategies. We are taking some fairly aggressive steps in planning to
15 harvest rainwater and capture the rainwater for irrigation. We are also taking aggressive steps to
16 capture condensate water from mechanical· equipment and use it for irrigation. So I will have to
17 provide the cautionary and customary note, this is all subject to the approval ofOSHPD. These
18 are systems they have not traditionally approved before. I think one of the great inventions of
19 the project is to try to capture the condensate water. So you can see during the period of which
20 we have high water demand there is also high water generation from the air conditioning units,
21 and the condensate water, which they throw off. If we are able to capture that water and store it
22 in an underground tank both hospital facilities will be able to use that water to irrigate the
23 landscaping. So it is something we are willing to nlake an investment in. We are hoping that
24 OSHPD will give us the approval to use these systems, and we think it will provide great benefit
25 in minimizing our water use in the facility.
26
27 So these are some figures basically from the environmental analysis. Our project demand
28 estimate is approximately 177,000 gallons per day. This is for the SUMC project as it is defined.
29 We think through conservation measures, very aggressive conservation measures we can get that
30 water use down to less than 100,000 gallons per day. We believe that there is sufficient water
31 supply within the City to support the demands of the SUMC projects and to serve existing and
32 planned custonlers, obviously through 2030.
33
34 Our forecast of water use, on a per square footage basis, is approxinlately .204 gallons per day
35 per square foot for the adult hospital and a slightly larger use than that for the Children's
36 Hospital. Again, these are estimates that are incorporated in the environmental analysis, but you
37 can also see how we are benchmarking against other facilities. It is a fairly comparable statistic
38 to other facilities that you see around the state. We think it is reasonable. We also think that we
39 can improve on these estimates through aggressive conservation measures, and we have
40 mentioned that in the water supply assessment.
41
42 So that concludes my formal presentation, and obviously as always am happy to answer any
43 questions you might have.
44
45 Chair Garber: Thank you. Staff, anything else? Commissioners, let's go through this chapter-
46 by-chapter. We have two members of Palo Alto's Utility Department here who have asked if we
Page 7
1 would do their chapter first. Since we have had no more other requests from any of the other
2 departments why don't we do that? Do Commissioners have questions and comments on the
3 Utility Chapter? Commissioner Keller? Commissioner Martinez do you have any?
4 Commissioners Fineberg and Tanaka do you have some? W ell let' s start with ConIDlissioner
5 Keller and then we will go to me.
6
7 Commissioner Keller: Thank you. So the current water use from the DEIR is 362,000 gallons
8 per day, and based on the conservation measures\ that is going up to 461,000 gallons per day. By
9 the way, I recognize that there are a lot of good conservation measures being put into place, and
10 it is kind of difficult to conserve water in this enviroIunent. I am impressed with the measures
11 being taken, particularly using the water from various other systems in the hospital.
12
13 What I am wondering about is there are pending regulations that would mandate a 20 percent
14 reduction in urban water use. I am not sure if that is 20 percent in terms of communities, or in
15 terms of per capita, or whatever. I am not sure exactly how that works. What I am wondering is
16 what is the baseline for that 20 percent? Is it the 13 million gallons per day that the city is
17 currently using or is it the 17 million gallons per day that the city is entitled,to use? I am
18 confused about this because there is a whole notion of water rights that people have, and it is
19 pretty clear that the Hetch-Hetchy Reservoir is going to have less capacity as global wanning
20 continues the amount of water available will be less because the snow pack will melt sooner and
21 the snow pack will be smaller, and therefore the total amount of water available will be less. So
22 I am trying to understand what the baseline is because if the baseline is 17 million we don't have
23 anything to worry about, but that is sort of like cutting vacant positions in order to save money
24 on the budget. On the other hand, if the baseline is 13 million and we have to go down to 10.4
25 million by a 20 percent reduction in gallons per day that is a significant impact. So can
26 somebody answer that question?
27
28 Mr. Roland Ekstrand, Senior Project Engineer: I am in the Engineering Group. I am not sure we
29 have anybody with the Water Resources Group here today. We deal with replacements and
30 installing utilities to new developments in the Engineering Group. We will have to get back to
31 you on that Mr. Keller. I don't think there is anybody here who is qualified to answer that
32 specific question.
33
34 Commissioner Keller: Okay, that's fine. I think it would be worthwhile if this were answered in
35 the FEIR. I think that is, something particularly worthwhile considering. In terms of potential
36 mitigation for this Stanford on its land provides a wonderful resource of the Stanford Industrial
37 Park, and to the extent that Stanford could work with Industrial Park customers to try to reduce
38 their water use particularly in terms of outdoor irrigation is sort of the low-hanging fruit there,
39 pun not intended. The issue is that that might be a good mitigation that could help the City
40 reduce its water use. So thank you. That is the main question I have about water. Thank you.
41
42 Chair Garber: The only thing that I would ask that would be helpful to see a bit more clearly in
43 the DEIR is a statement, and this is very simple but of the capacity of the City to generate its
44 water supply and what percent this project takes of that relative to some background use of that
45 water so we can understand what the capacities are one way or the other. Then I would have that
46 same desire to see that relative to our ability to manage wastewater, electricity, stomlwater, etc.
Page 8
1 It may be buried in here but to be able to sort of see that clearly so that I can understand the
2 demand and the capacity to meet that demand I think would be helpful. Commissioner Fineberg.
3
4 Commissioner Fineberg: I have talked about this before in other sections of our discussion on
5 the project, but I continue to have concerns about the safety and reliability of the electrical
6 supply given that the source is in an area that is in a floodplain, in soils that are subject to
7 liquefaction, and extreme ground shaking. How is the hospital going to remain serviceable long-
8 term if the City of Palo Alto can't provide power? I understand those conditions are offsite, they
9 are out in the Baylands, but does this DEIR need to consider the reliability of single-source
10 power when we know it is subject to extreme conditions during either flooding or earthquake
11 events?
12
13 I have a question on page 3.15-8, a statement in the DEIR about wastewater. It says that the
14 Regional Waste Quality Treatment Plant does not experience any major system constraints and
15 has no planned capacity expansions. That was per Rick Wetzel in 2007. I don't know if this
16 could be answered tonight or in the DEIR but it is my understanding we are currently working on
17 a new UV treatment plant to replace the chlorine gases. I am remembering that one of the
18 components in that was also increasing capacity. So if we are increasing capacity, I understand
19 the project is approved and not yet constructed, is it fair to say that we have no plans for capacity
20 expansions on the treatment facility when pieces of it are being expanded and improved?
21
22 Then electricity, page 3.15-13, I have the same question Chair Garber raised. I would like to see
23 not just what our peak capacity is. They are saying the load can be 385 megawatts, but is our
24 current peak demand? What proportion of that will be from the Stanford project? What is our
25 cushion during peak demand periods, and is that adequate?
26
27 The last thing is as a mitigation for some of the demands on water, the demands on wastewater
28 treatment, and electrical needs can the DEIR consider and anaerobic digestion facility collocated
29 with a power generation facility? There is a researcher at HP Labs who is espousing that concept
30 for data farms where they generate a tremendous amount of heat. I know this is a little off topic
31 but if you collocate cows and computers you generate electricity from the compo sting in the
32 anaerobic digester. You can use the excess heat from the building to generate electricity and
33 then you use the electricity generated from that heat to power the building. I know the Stanford
34 Hospital won't have the cows but it has people, so could there or should there be a consideration
35 of that? The advantage also of collocation of the anaerobic digester and the facility creating the
36 waste is that you don't have transmission losses. So it is an incredibly efficient system. So
37 that's it.
38
39 Chair Garber: Nothing like thinking from the bottom up. Commissioner Tanaka.
40
41 Commissioner Tanaka: Thank you. Some of my questions have already been covered by the
42 Chair and other Commissioners. So these are following on to the questions that have been asked.
43 I was also looking at 3.15-8 and I saw that our RWQC serves Mountain View, East Palo Alto,
44 Stanford University, Los Altos, and Los Altos Hills. I assume that those other entities pay their
45 share for this service, right? My question though is I know residentially wastewater is not
46 metered. So I was looking at the allocation on the next page and it was saying a certain amount
Page 9
1 of allocation is given to each of these entities. I was just curious to know if certain entities, let's
2 say for instance the hospital increases their share maybe more than expected, how is that
3 accounted for, and is that metered somehow? Is there a portion of their fee increased? Let's say
4 they do better. Let's say they are very aggressive in their savings, do their rates drop? How does
5 it work?
6
7 Mr. Ekstrand: For the commercial customers the sewage is metered.
8
9 Commissioner Tanaka: Okay, I didn't know that.
10
11 Mr. Ekstrand: Even for the residential we could meter it because it is based on the water usage.
12 It is directly related to the amount of water they use through their water meters. What was the
13 rest of the question there?
14
15 Commissioner Tanaka: I was just curious to know. So basically these different entities are
16 metered. So East Palo Alto we are metering their wastewater and we meter all the other cities
17 and they pay according to how much they use then.
18
19 Mr. Ekstrand: Right.
20
21 Commissioner Tanaka: Okay, that's fine.
22
23 Mr. Ekstrand: The plant is jointly owned by all the entities. We own a share of the plant, Palo
24 Alto does.
25
26 Commissioner Tanaka: And everyone pays for their usage.
27
28 Mr. Ekstrand: Yes.
29
30 Commissioner Tanaka: Perfect, thank you. Then the second question is a quick one.
31
32 Chair Garber: Commissioner, Commissioner Fineberg had a follow up.
33
34 Commissioner Fineberg: Thank you. Can you tell me if Stanford's wastewater is currently
35 metered and would this proj ect' s wastewater be segregated from and measured separately, or it is
36 just the entire university gets metered in one place? Or how is it?
37
38 Mr. Ekstrand: We do have different nletering places in the city but it is riot broken down to just
39 Stanford Hospital. We can quantify what their sewage output is based on the amount of
40 domestic water that they are taking in. We do separate the irrigation meters and the fire services
41 from the domestic water. Pretty much all the domestic water goes back into the sewage system.
42 So we can quantify exactly how much they are inputting into the wastewater treatment plant.
43 We can call up that data.
44
45 Commissioner Fineberg: I anI sorry. I thought before you had said that commercial customers
46 the wastewater is metered. So is Stanford not considered a commercial customer then?
Page 10
1
2 Mr. Ekstrand: They are definitely comnlercial customers. The way we meter the commercial
3 customer's sewage usage is via their domestic water meter. That is the way we track that.
4
5 Chair Garber: You make the assumption that what comes in goes out.
6
7 Mr. Ekstrand: Yes. We separate the irrigation out from that because they have separate
8 irrigation meters.
9
10 Chair Garber: Commissioner Tanaka.
11
12 Commissioner Tanaka: So my second question is about gray water. I don't know if given this is
13 a hospital if that is practical or even possible but I was just wondering if that is although right
14 now it is already less than significant so it is not critical, but of course a gallon saved is a gallon
15 created. Whether that could be something that is contemplated by this project as well.
16
17 Mr. Tortorich: I would be happy to answer that. We actually did look at a gray water system
18 and tried to talk to OSHPn about it, and were told flatly absolutely not. We are not ready for
19 that.
20
21 Commissioner Tanaka: Thank you. That is all I had.
22
23 Chair Garber: Commissioner Keller, a final word.
24
25 Commissioner Keller: Thank you. To follow up on what Commissioner Fineberg mentioned in
26 terms of electricity reliability there already is the Cardinal COGEN plant. To the extent that that
27 COGEN plant, which not only provides chilled water and hot water for the hospital I understand
28 there could be inter-ties so that could be a backup generator for the hospital. I am not sure to the
29 extent that that makes sense but that could be an alternative onto sort of diesel type generators as
30 a potential.
31
32 The other issue that has been talked about is to the extent that there could be a cross-connection
33 at SLAC providing a different direction to bring Palo Alto power in the event of an outage
34 through the primary thing that goes by the airport.
35
36 The second thing is I would like to expand slightly on the comment made by Commissioner
37 Fineberg about the idea of using biomaterial for cogeneration. It is my understanding that
38 COGEN plant currently generates electricity and the processed heat is instead of being used to
39 generate additional electricity it is used to generate the hot and chilled water. That is my
40 understanding of how the Cardinal COGEN plant works. Is that correct? I am seeing nods from
41 Stanford.
42
43 I am wondering rather then thinking about biosolids, which come from sewage, the extent to
44 which a COGEN facility could be expanded to take into account compostable materials, which
45 would be easier to transport and not require manipulation of the sewage treatment plant by the
46 Baylands, but actually to have compost from Palo Alto and from Stanford go and be raw material
Page 11
1 for the COGEN plant. That would use an existing facility, expanded somewhat, for the
2 cogeneration ability for conlposting. I think that is perhaps more feasible then dealing with
3 sewage, and would also deal with the siting issue of where the COGEN facility for anaerobic
4 digestion for compost could be sited. So that could provide additional electricity that would
5 offset the hospital'~· electricity and also provide an emergency source of electricity in the event
6 that Palo Alto had a power outage. Thank you.
7
8 Chair Garber: Commissioners, let's first thank the members of the Utilities Department. You
9 are excused unless of course you would like to stick around.
10
11 Let's return to the chapter on Noise. Before we do I suspect the City Attorney is going to
12 suggest that I do something that I forgot before, which is to ask if there are members of the
13 public that would like to speak, and we would open the public hearing to do so. I see no cards.
14 If anyone from the public would like to speak? I see one card in preparation. You can submit
15 afterwards. Mr. Moss.
16
17 Mr. Robert Moss, Palo Alto: Thank you. I just had a couple of comments on the hazardous
18 materials that caught my eye. One of the mitigation measures, HM-2.1 is to conduct an asbestos
19 survey.
20
21 Chair Garber: This is under the Hazardous Materials Chapter?
22
23 Mr. Moss: Yes, this is the Hazardous Material on page 8 of the Staff Report. While it is nice to
24 do a survey if you find it you have to have an action you take. So there should be another
25 mitigation that says, if we find it we will then do so and so. One of the things obviously is the
26 people who do demolition then have to wear protective clothing, and you have to make sure that
27 the demolished material is taken to a proper dump and so on. So right now it is incomplete.
28
29 Second, it doesn't say anything about leadpaint. At the time these buildings were built lead
30 paint was common. So there should be a review also to verify whether or not there is lead paint.
31 If lead paint is found then you have to do proper demolition precautions.
32
33 Then HM-7 is a mitigation measure to HM-3.3, Conduct a soil vapor program at the Hoover
34 Pavilion site. Well, again while it is probably a low probability that they are going find soil
35 recontamination, if they do what happens? So you have to have a next step. Ifwe fmd
36 contamination we will then do this and do that. If the contamination is severe then you will have
37 to redesign the building, so for example you put down a vapor barrier between the contaminated
38 soil and groundwater and-the actual structure. So the mitigations that are listed here are nice but
39 they are only the first step. So you should have a mitigation that is complete which takes me
40 down if this was a problem then I will do so and so. Otherwise you are kind of left hanging.
41 They find asbestos, so? In every case where they are doing an investigation you should have an
42 additional mitigation that says if found we will remedy it by whatever. I anl not going to get into
43 the details of whatever tonight. I am just saying you have to go through the proper procedures
44 and steps. Thank you.
45
Page 12
1 Chair Garber: Thank you. Commissioners, do you have questions or comments about Noise in
2 particular here? Commissioner Fineberg, Tanaka? Okay. Commissioner Tanaka why don't you
3 start off.
4
5 CommIssioner Tanaka: So I have a few quick questions. This question may have been asked
6 before but I am going to ask it again because I don't know the answer. In terms of construction
7 noise are there construction routes as to where heavy trucks are going to be going versus regular
8 construction traffic? So while you are looking that up I saw that they have kind of like a heat
9 map of the noise, of the helicopter flight, perhaps that can also show a more legible flight path of
10 how the helicopters fly. It looked like they kind of go up to the north but it wasn't really clear to
11 me. Do you want to go to the first question?
12
13 Ms. Martelino: Yes. Figure 3.4-5 in the Transportation section provides a map of truck routes.
14
15 Commissioner Tanaka: Figure 3.4-what?
16
17 Ms. Martelino: Dash 5.
18
19 Commissioner Tanaka: Okay, I will look it up later. Is there also one of the helicopter flight
20 paths?
21
22 Ms. Martelino: No, it doesn't specify the helicopter flight path.
23
24 Commissioner Tanaka: Okay. Then also in regard to Noise, one other thought is one of the
25 mitigation factors for some of the traffic is to have more buses or shuttles running around, which
26 I think is a good idea. Some of the comments I have heard from other residents though about the
2 7 bu~es and shuttles are sometimes they are a little bit noisy. So that is maybe something you
28 could consider in terms of a mitigation to the mitigation as part of the Noise impacts. So that is
29 all I have so far. Thank you.
30
31 Chair Garber: Just for clarification, Figure 3.4-5 appears to be existing transit route network as
32 opposed to construction.
33
34 Ms. Martelino: It is expected that those are the truck routes that they would take. I am sorry.
35
36 Commissioner Keller: It is on 3.4-6 is the figure on page.3.4-41.
37
38 Chair Garber: Thank you.
39
40 Ms. Martelino: Thank you.
41
42 Chair Garber: Commissioner Fineberg your comments and questions.
43
44 Commissioner Fineberg: I may have nlissed it if it is in the text but are there plans or
45 requirements for monitoring of noise levels during construction and during ongoing operations?
46 I understand that there are limits on what is allowable but will that be monitored?
Page 13
1
2 Ms. Martelino: There are no specified mitigation measures for the construction period to
3 monitor noise.
4
5 Commissioner Fineberg: Is there a reason why? Would it be feasible to have a monitoring
6 program and should that be incorporated into the DEIR for both during construction period and
7 operations?
8
9 Ms. Martelino: It is something we can look at in preparation of the Final EIR.
10
11 Commissioner Fineberg: Please. Okay, then page 3.7-37 it talks about cumulative construction
12 noise impacts. It states, "The only reasonably foreseeable probable future projects in close
13 proximity to the SUMC sites are 1) approved but un-constructed academic facilities, housing
14 units, parking, and associated utilities, roadways, and bikeways in the adjacent Stanford
15 University property." Two, just to paraphrase, demolition of 777 Welch. So the first thing that
16 came to my mind in reading that is what about the Performing Arts Center? That is a significant
17 known foreseeable, probable, all the jargonproject that will be happening in the immediate
18 vicinity. Is that considered an academic facility? If that is then everything in the universe comes
19 under academic facilities, housing units, parking, and associated utilities, and roadways. So
20 should there be a listing of the major un-constructed academic, and all the other types? I guess I
21 am just wondering is it adequate to say there is no cumulative noise because everything is in this
22 category and there we go?
23
24 Ms. Cara Silver, Senior Assistant City Attorney: Commissioner Fineberg, just to clarify the
25 Performing Arts Center project has come up in your and Council's discussions in the past. That
26 was a project that came online after the NOP was issued so we did not view it as a foreseeable
27 project for the purposes of this analysis, but there have been comments that have come in
28 regarding that project. So we will take another look at it in the EIR.
29
30 Commissioner Fineberg: Great, thank you. I am not sure the right way to frame this, but it goes
31 on in the discussion in this section to talk about I believe it was 1,655,000 additional square feet
32 of academic land use. That seems to be significant. I am wondering if there should be an
33 elaboration of what makes that up, what the construction schedules are, whether they are
34 concurrent with this project. My hunch is there will be and I am concerned about, and I think the
35 DEIR may need to address whether the cumulative impacts are properly identified and
36 understood given that we are simply lumping it together with 1.5 million additional square feet in
37 adjacent areas.
38
39 Ms. Martelino: The over 1.0 million square feet of development refers to cumulative
40 development that is part of the Stanford General Use Permit. There is a more specific list of
41 what is currently projected to potentially occur or be constructed concurrently as the SUMC
42 project construction within the Stanford campus. That discussion is provided in section 3.1 of
43 the Draft EIR.
44
45 Commissioner Fineberg: Okay. Thank you and I can look at that later. I still wonder whether
46 the cumulative impacts need to better analyze not just the Stanford University Medical Center
Page 14
1 but the other projects in the immediate vicinity even if they are in their inner sphere of influence,
2 and covered under the County's GUP they still are part of the cumulative impacts and I believe
3 the DEIR should analyze them in more detail.
4
5 Going to page 3.7-39, NO-6 is the cumulative vibration impacts, again, the same kind of issues.
6 Are we adequately looking at the cumulative impacts on sensitive receptors in the area given the
7 numbers of projects, the amount of square footage? What is the sphere of influence of the
8 vibrations? I understand that the further you get the less they are, but having lived through being
9 within a half a mile of several projects building hundreds of houses, those pile drivers shake you
10 a half a mile away. I don't know that they would rise to the level of waking you up at three in
11 the morning but 12 years of pile drivers may exceed what standards tolerate. So I think there
12 needs to be more analysis of the cumulative impacts of all the projects in the area over the
13 extended time period, and then kind of unless I missed it, something showing a map of who is
14 where and how far out the vibrations go rather than just saying when you get far away they don't
15 bother you, don't worry about it.
16
17 Commissioner Martinez: Just out of curiosity are there going to be deep driven piles proposed
18 for the foundation?
19
20 Mr. Tortorich: For purposes of the EIR we have asked to have driven piles studied, and they
21 would be fairly deep piles. We would prefer to use an auger cast pile method, however, our
22 friends at OSHPD have only approved that method in one other project. So we are skeptical
23 about whether they will approve it for this but we wanted to have the worst condition studied.
24
25 Just to issue of noise and vibration, pile driving activity would not be going on for 12 years. It
26 would go on for a period of just a few months. Believe me the Chief Nursing Officers of both
27 hospitals will call me as soon as the vibration or noise is unacceptable. They are very sensitive
28 receptors.
29
30 Commissioner Fineberg: Thank you. The last comment I have on this is Staff earlier stated, and
31 forgive me if I didn't quite catch this perfectly, but I thought I heard you say that there is no
32 mitigation for ambulance noise du~ to the emergency nature and the absolute unequivocal need
33 for their source. lam wondering though whether there aren't mitigations, the same kinds of
34 things that airports install when they generate noise, funds to insulate people's homes, funds to
35 pay for double-hung windows, whatever the construction methods are to soundproof the
36 sensitive receptors. So should there be consideration where whatever our thresholds of
37 significance are exceeded, and if they are in very concentrated focal area should there be funds to
38 improve those properties so that they comply with whatever our codes say interior noise should
39 not exceed from those 45 decibels so that those homes or residences or whatever not be impacted
40 by the helicopter and ambulance noise.
41
42 Ms. Silver: Commissioner Fineberg, as a clarification our Noise Ordinance does exempt
43 ambulatory noise, but not helicopter noise.
44
45 Chair Garber: As was just noted the project exists over 12 years, and does not exist in every
46 location all at the same time over that 12 years, which suggests that some of the unavoidable
Page 15
1 impacts of noise can in fact be planned for, and the critical topic here or the sort of critical
2 mitigation it seems to me is going to be management of those potential receptors of that.
3 Therefore it might be appropriate to include in a list of mitigations a plan that maps out where
4 the noise occurs at what times. I am not talking day-to-day I am talking month-by-month or
5 something of that sort such that those potential receptors can anticipate when those things can
6 happen and where.
7
8 It also occurs to me that it may not be something that can obviously be planned for right now, but
9 it could be planned for at some time rolling time schedule, six months before it occurs or
10 something of that sort. In any case, all I am suggesting is that there is a plan that occurs in time
11 and space that could allow that to happen. Commissioner Martinez.
12
13 Commissioner Martinez: First I would like to ask the City Attorney if she could explain to all of
14 us once again, as you did in our pre-Commission meeting, the difference between the noise of
15 the limits of the Comprehensive Plan versus the Municipal Code.
16
17 Ms. Silver: Yes, Commissioner Martinez I would be happy to do that. The Comprehensive Plan
18 sets forth general policies regarding noise, and it does not contain prescriptive requirements that
19 prohibit particular noise. Instead what it does is it actually incorporates and addresses the CEQA
20 threshold guidelines that should be applied to various projects. So in general terms it has a
21 policy that says that development shall minimize noise in general as it comes online. Then in
22 particular in Policy N-41 it states that when a proposed project is subject to CEQA, such as this,
23 and requires an EIR the noise impact of the project on existing residential land uses should be
24 evaluated in terms of the increase in existing noise levels and potential for adverse community
25 impact regardless of existing background noise levels. Then it contains some detailed criteria
26 that should be applied when evaluating the project's impact on noise. So basically what the
27 Comprehensive Plan does is just sets for the criteria that needs to be used and that is what the
28 EIRdoes.
29
30 Then the Noise Ordinance has a specific exemption for ambulance noise and siren noise. So the
31 way we approach the EIR chapter is we disclose that the ambulance noise when taken into
32 account with all the other noise generated by the project would trigger a significance criteria, but
33 the project itself because the noise was attributable to the sirens would be exempt from any
34 prescriptive requirements in the Noise Ordinance. Hope that clarifies it.
35
36 Commissioner Martinez: Thank you. I wanted to go to the heliport and ambulance noise issue
37 because those are the two items that we don't seem like we are going to be able to fully mitigate.
38 I am sure regarding these two types of transportation that this comes up at every major hospital
39 project. Did you look at, in preparing the EIR, some of our neighboring hospitals to see if they
40 addressed this at all? Are you familiar with other plans?
41
42 Ms. Rod Jeung, PBS&J Consulting: Commissioner Martinez, we have probably done five or six
43 other hospital environmental documents for the very same reasons that Stanford has submitted
44 this application in terms of trying to comply with SB 1953. So there have been hospital projects
45 that we have done in Palo Alto, ones that we have done in San Carlos, ones we have done up in
46 Burlingame for Mills Peninsula. In each of those instances it is pretty much the same scenario
Page 16
1 where we have identified the need for additional ambulance traffic, because in most cases, in all
2 the cases the hospitals were expanding their emergency departments. So there was an
3 expectation consistent with population forecast that the number of ambulances would be
4 increasing, and that the noise associated would· also be increasing. Like Palo Alto all of those
5 cities have ordinances that typically exempt sirens.
6
7 The helicopter noise is a little bit different. In those particular instances, particularly in
8 Burlingame at Mills Peninsula we did look at some alternative locations and talked to the
9 hospital operation folks about modifying their flight paths to see if there was a way to avoid
10 some of the incoming noise, and I think some of the downwash, the wind patten1s from the
11 helicopter rotors. So we did consider that in some of the other locations where it was a
12 significant concern.
13
14 Commissioner Martinez: In our case here did you look at any difference between having a
15 rooftop heliport versus keeping it on the ground, and is there any significant difference in terms
16 of noise?
17
18 Mr. Jeung: Was that considered in the plan application?
19
20 Ms. Martelino: I believe in this case, as well as I can recall this project involves the highest
21 rooftop heliport that we have looked at.
22
23 Commissioner Martinez: Did you look at having it located on the ground as a mitigation if
24 indeed it were a mitigation? Or at a lower elevation?
25
26 Ms. Martelino: No we previously have not looked at mitigation to put heliports at a lower
27 elevation.
28
29 Commissioner Martinez: In terms of noise impacts on patients I would assume that it makes
30 more sense to keep it higher, having been in aroom right next to a heliport.
31
32 Considering the impact on the apartments at 1100 Welch Road I wanted to follow up with what
33 Commissioner Fineberg had suggested. Did you look at the construction or whether these
34 apartments had double pane windows, or roof insulation, and whether that could be a mitigation
35 to kind of lower the impacts on the residents?
36
37 Mr. GeoffHornek, PBS&J Consulting: I had a good part in the noise section. The issue with the
38 helicopter noise is we didn't identify a significant noise impact due to the project so we didn't
39 look into the mitigations present or increase insulation for the building across the street.
40
41 Commissioner Martinez: I thought it did. I could be wrong because I read it a couple of nights
42 ago. I thought 1100 Welch Road that there was a significant noise impact.
43
44 Mr. Hornek: Not a helicopter noise impact, no.
45
Page 17
1 Commissioner Martinez: Okay. Then regarding the ambulances, currently there are 21 trips per
2 day, ten percent so two are with sirens. The build out projects 39 trips per day.
3
4 Mr. Homek: Right.
5
6 Commissioner Martinez: Weare not doubling in population so where are these extra trips
7 coming from?
8
9 Mr. Homek: I can't speak to the extra trips but one critical factor in identifying a significant
10 ambulance noise impact was the opening of a new ambulance route that would take it by
11 sensitive receptors that are not exposed to any ambulance noise directly now. That is the
12 primary reason why the ambulance noise impact was identified. Again, it relates to the
13 Comprehensive Plan standard for exposure of those units.
14
15 Con1ffiissioner Martinez: Okay, thank you, but can I get an answer to my question about the
16 doubling of the number of trips?
17
18 Mr. Homek: That is something I can't speak to.
19
20 Ms. Martelino: The number of treatment spaces within the emergency department would
21 increase so there is an accompanying increase in ambulance trips that are expected.
22
23 Mr. Jeung: I think the other consideration just to keep in mind is that even though the City of
24 Palo Alto's population is not doubling as you might infer from looking at the number of
25 ambulance trips, the hospital facilities are a regional facility and serves a larger population
26 service area than just Palo Alto. If you think about the demographics of the con1ffiunities and the
27 aging of the communities the number of ambulance trips would tend to increase. So it is not tied
28 specifically to the exact popUlation within the city but a larger service area and its demographics.
29
30 Chair Garber: Mr. Tortorich.
31
32 Mr. Tortorich: Thank you. Commissioner Martinez, one of the issues that we have with our
33 current facility is we have to be on diversion quite frequently. So arnbulances are diverted to
34 other hospitals. By expanding the emergency department we won't have to be on diversion and
35 we can then treat the patients that we should be treating.
36
37 Also state law in the future is going to make it, from what we understand, more difficult for
38 hospitals to close their emergency departments to new admits. So that volume of traffic there,
39 frequently it is diverted because we are full. We don't want to be full any more so we can accept
40 the volume of traffic from the community.
41
42 Commissioner Martinez: I appreciate that. Thank you.
43
44 Chair Garber: Commissioner Fineberg, you had a follow up.
45
Page 18
1 Commissioner Fineberg: Excuse me sir, could you come back to the podium. You mentioned
2 briefly that there would be a new ambulance route with new sensitive receptors. Could you
3 either tell me where that is in this discussion or just elaborate a little bit? I know earlier someone
4 said it was on El Camino. Is that northbound or southbound?
5
6 Mr. Homek: The part of the project description, the emergency room would be relocated to a
7 site closer to Sand Hill Road, and that would open up Sand Hill Road from EI Camino to Durand
8 as an ambulance route where it currently is not an ambulance route for the present SUMC .
9 emergency room.
10
11 Commissioner Fineberg: Okay, so if you are El Canlino heading north, if I am thinking clearly,
12 you cannot now tum left onto Sand Hill?
13
14 Mr. Homek: Well, I guess you could but I guess if you were in a hurry the Quarry route, you
15 would take EI Camino to Quarry and then go right down and that would take you to the
16 emergency room a lot quicker. You wouldn't have to detour through the campus.
17
18 Commissioner Fineberg: So is there any re-jiggering of the Sand Hill intersection and sort of
19 how you can't cross over to Alma Way.
20
21 Mr. Homek: You mean is there any way to redefine the ambulance route so it won't take that
22 section of Sand Hill Road?
23
24 Commissioner Fineberg: I am just trying to figure out what your redefined route is beyond
25 Durand. Are they reaching as far as EI Camino or that is staying as it is?
26
27 Mr. Turner: Excuse me Commissioner Fineberg. I just want to highlight the pages in the EIR
28 that show the existing and proposed routes. So those are Figures 3.7-6 on page 31 of the Noise
29 Chapter. That shows the existing route. Then on the following page Figure 3.7-7 is the proposed
30 ambulance route so you can see the change between existing and proposed.
31
32 Commissioner Fineberg: Okay, so I think what I am seeing then is that the ambulances would
33 not have a new route onto Sand Hill going northbound, and they would 110t be able to come from
34 Alma. Is that correct? I'm sorry I am looking at this sideways. It is not on the map. So let me
35 word that as a question. Are the new ambulance routes going to in any way impact Alma Way,
36 is it Alma Way when it is in Downtown? Whatever Alma. Is it going to allow ambulances to
37 have a new route on northbound hanging a left? I am not proposing that it should I just want the
38 route clarified so we can understand it a little further from the project site.
39
40 Mr. Homek: Okay.
41
42 Chair Garber: Commissioner Martinez, did you have anything else?
43
44 Commissioner Martinez: No, that's it for now.
45
46 Chair Garber: Commissioner Keller.
Page 19
1
2 Commissioner Keller: Thank you. The first comment about ambulance noise is that it is highly
3 dependent on traffic. So I presume that there is not much ambulance noise that happens in the
4 middle of the night because there is not much traffic. If I were an ambulance driver I would tum
5 on the siren when I wanted to get traffic out of the way so I can get to the emergency room.
6 There is some issue about turning on and off the siren and whether that is jolting to the patient,
7 but certainly keeping the siren off is less traumatic to the patient in general. So the issue of
8 continuing to discourage sirens at night is a potential mitigation.
9
10 The other issue is depending on traffic Quarry Road is a four-lane road from El Camino to
11 Arboretum, while Sand Hill Road is a two-lane road from much of El Camino to Arboretum. So
12 the consideration is that that does not seem like a good place to go to as a route during rush hour
13 traffic. Therefore there might be an idea of during periods of extreme traffic to relocate it so that
14 the arrlbulance route goes along the current route essentially of Quarry Road to Welch Road and
15 uses that to go there. That is also a potential mitigation for the ambulance noise along the new
16 Sand Hill Road path.
17
18 Finally, along these lines, the issue is that I would expect that the amount of time that there is
19 siren for an arrlbulance that would increase more than linearly. The reason is, as I mentioned
20 earlier, ambulance noise is related to traffic and traffic is expected to increase. Therefore I
21 would expect that as traffic increases, congestion increases, and therefore ambulance noise
22 would increase more than linearly. That should be taken into account. So that is it on ambulance
23 noise.
24
25 The next thing is with respect to construction noise. A lot of Commissioners have talked about
26 construction noise already. I would like to, I believe it was Commissioner Martinez who talked
27 about the construction routes. I am sorry it was Commissioner Tanaka. Thank you.
28 Commissioner Tanaka talked about construction routes. I think this is important because
29 construction route towards - a lot of construction presumably would come up or traffic would
30 come along 101 from the south, from San Jose, and then presumably take San Antonio Road and
31 either Alma Street or El Camino. However, San Antonio Road is not one of the road levels that
32 is in Table 3.7-11, and it should be in there because the trucks rumbling along that there are
33 residences along San Antonio Road that would be impacted. So that needs to be considered.
34 Also whether the requirement is that the traffic go along El Camino rather than on Alma because
35 the construction noise of these trucks along Alma has not been considered either. There is some
36 residential along El Camino that needs to be considered, particularly some residential for
37 example the Evergreen neighborhood, and College Terrace, and further along south there are
38 various residential like Ventura, Barron Park, also further south in Palo Alto there is residential.
39 So that needs to be considered as well.
40
41 So with respect to the noise impact of these construction vehicles there is the consideration of
42 time of day. Are these construction vehicles going to be limited to certain times of day where
43 the impacts would be less? Would they be encouraged to avoid rush hour times so that the
44 congestion would be less from these vehicles? Furthermore, there are some considerations that
45 have sometinles happened where there is physical impact of road impact. When you are running
46 along a lot of heavy construction vehicles along San Antonio Road and El Camino you are
Page 20
1 lessening the life of those roads. Currently a significant investment is being made in San
2 Antonio Road to improve it and that is being done with a significant amount of stimulus funds.
3 The extent to which that road will deteriorate with the construction vehicles and require the
4 appropriate mitigation or the appropriate impacts of the construction vehicles is worthwhile
5 considering.
6
7 Similarly with EI Camino that has not had a similar repaving as San Antonio Road is
8 undergoing. In particular, an agreement that these trucks do not go along Alma Street makes
9 sense. Alma Street is much nlore impactful in terms of traffic and also in terms of noise and
10 residential, and probably has a lower existing ambient noise than EI Camino does. Thank you.
11
12 Chair Garber: Commissioner Fineberg one last comment.
13
14 Commissioner Fineberg: There is a project going in at the comer of San Antonio, the Mayfield
15 Mall residential homes. I do not know, but I am wondering has there been consideration, does
16 the DEIR need to consider whether there is going to be any plan for either road closures or
17 changes at the intersection that would impact Stanford's use of that route for construction
18 vehicles. My guess is that it would be happening concurrently within the 12-year window. So it
19 is possible that ought to be considered.
20
21 Chair Garber: Commissioner Tanaka a final comment and then we will go to Geology.
22
23 Commissioner Tanaka: Thank you. These are quick comments. I did have a chance to look at
24 the Figure 3.4-6, the construction routes. I agree with some of the comments that nly fellow
25 Commissioner made in regards to not going through all the neighborhoods. So I would suggest
26 as a possible mitigation for the noise of the construction trucks, especially the heavy truck
27 carrying a lot oftormage, is to have the trucks if they are going onto the 101 or 280 to go onto
28 Willow Road and Sand Hill Road versus going all the way down Alma and EI Camino to Page
29 Mill or San Antonio. It looks shorter to me on the map here and it looks like it would be less
30 impactful on the residential neighborhoods. So if that could be considered it would be
31 appreciated for trucks over a certain tormage.
32
33 If I was not clear before then I want to make sure it is clear, I think it would make sense to also
34 have the flight path of the helicopters in the next draft. I think that is actually very important.
35
36 Just to follow onto my other Commissioner's comment about what is more noisy a rooftop
37 helicopter or a ground helicopter pad. My dad used to be a helicopter mechanic so I grew up
38 around helicopters. I can tell you that a ground one is a hell of a lot noisier than a rooftop one.
39 So you want a rooftop one if you can. Thank you.
40
41 Chair Garber: Alright, let's go to Geology, Soils, and Seismicity. Yes.
42
43 Mr. Jeung: I am really, really sensitive to what all of you are saying about the importance of
44 understanding sort of the combined effects of having different construction projects occurring at
45 the same time and the resultant effect on residents, commercial businesses, etc. I do want to
Page 21
1 point out that there is a mitigation measure that is included in the Traffic section. So you may
2 not have seen it in Noise or some of the others.
3
4 There is a Traffic Mitigation Measure TR-l.8 that talks about developing and implementing a
5 construction impact mitigation plan. It is a pretty standard mitigation measure that Palo Alto has
6 used on a number of other projects including the one at San Antonio. So the intent of these
7 mitigation plans is that at the point where we are right now it is really hard to be able to predict
8 what the construction staging is going to be and when construction materials are going to be
9 coming in and when construction crews are going to be actively involved. Similarly if you are
10 thinking about all these other projects how to coordinate all that.
11
12 So what each of these individual projects is asked to do, and because this one is so long over a
13 12-year period, there is a desire to have that plan implemented over various phases. So every
14 time there is a new construction phase that is being considered by SUMC or Stanford there is a
15 need to go ahead and refine this plan specifically looking at the scheduled activities, the
16 construction workers, the road openings, the road closures, and see what else is occurring in the
17 vicinity. So I just wanted to point that out.
18
19 Chair Garber: Thank you. Commissioners, do we have questions on Geology, Soils, and
20 Seismicity? Commissioner Keller. Commissioner Fineberg. Commissioner Martinez.
21 Commissioner Keller, why don't start off?
22
23 Commissioner Keller: Thank you. The first thing is that although this is an existing hazard,
24 Searsville dam seems to be at issue. It does indicate that that is an existing hazard that exists.
25 There is potential for dam failure, which would apparently inundate the hospital if I read that
26 correctly. One of the things about that is there is the potential to upgrade Searsville dam so that
27 it would reduce the risk of dam failure causing inundation of the Stanford University Medical
28 Center. If that were to be the case the improvement to the Searsville dam could also be used to
29 provide additional flood protection for the San Francisquito Creek. That would have an ancillary
30 benefit there too. So I think what needs to be considered is the upgrade of the Searsville dam
31 and the potential improvement of that as an additional public benefit of this project and the
32 potential reduction of that earthquake risk of inundation.
33
34 It is interesting about the comment about the moat around the Stanford Hospital. To the extent
35 that there is actually a literal moat I am wondering what kind of digging or whatever is necessary
36 to create that moat. I am actually intrigued by that because in the Mexico City earthquake one of
37 the buildings that withstood that without hardly any damage is the United States Embassy. That
38 was also built on a structure that would move somewhat with the earthquake. What I understand,
39 is what they did is they actually designed it so that the soils would flow a little bit and absorb
40 some of the impact. They did that by actually watering the soils. So they pumped water down
41 there to make it more absorptive of the shaking. So that gets to the issue of when we have the
42 base of the foundation resting underneath the water table. To what extent does that affect the
43 nature of the transmissiveness of the shaking or not? I don't know the answer to that. I am not
44 geologist and I am not a structural engineer, and I will bring up the issue of foundation extending
45 below the water use for another issue.
46
Page 22
1 Finally, one of the considerations that I think is worthwhile pointing out is the -and this is not
2 something that Stanford should mitigate but it is something that should be identified as part of
3 this. That is the extent to which the access routes for emergency access not only locally but
4 further out to the Stanford University Medical Center complex and particularly to the enlergency
5 room, whether those access routes are potentially impacted by failure due to the structures that
6 that route goes over. So to the extent that for example if the bridge over the San Francisquito
7 Creek at El Camino were to fail during an earthquake that would impact the ability of Menlo
8 Park residents to reach the emergency department. If people are coming from Palo Alto the
9 extent to which the University Avenue overpass over EI Camino, the failure of that and the
10 collapse of that could effect the ability of people arriving through ambulance. Now they could
11 presumably go around that by taking other routes such as Churchill to EI Camino, to Galvez and
12 Arboretum. But still the understanding of alternative routes in the event of an earthquake and
13 having plans for that certainly is a worthwhile consideration. It is not an exercise that requires
14 actual mitigation per se but I think it is a worthwhile exercise so that in the event of these
15 outages there are appropriate plans in place for handling them. Thank you.
16
17 Chair Garber: Commissioner Martinez and then Fineberg.
18
19 Commissioner Martinez: In this section there was a description that a parking structure could be
20 built below grade in excess of 40 feet. Along side it was a comment that the assumed water table
21 was 30 feet. I didn't really see how that was going to be mitigated, or wasn't a problem, or could
22 be dealt with in construction. You don't have to answer that now but maybe just clarify it in that
23 section. Thank you.
24
25 Chair Garber: Commissioner Fineberg.
26
27 Commissioner Fineberg: On page 3.10-8 it says the state geologist has identified that about two-
28 thirds of the area surrounding the Stanford University Medical site are zones with potential
29 liquefaction irrespective of the surface soils due to the water table being within 50 feet of the
30 ground surface. I understand that the construction methods and building design will address
31 much of that. My questions, two of them, are does the DEIR and/or the building designs and
32 construction methods take into account any changes in the water table that might occur due to
33 High-Speed Rail building a deep underground tunnel? I do not know ifit will have any impact.
34 If they do a deep bore method it probably won't impact the surface water, but if they are doing a
35 cut and cover, or cut and there is effectively a wall for the first 50-feet of grade is that going to
36 change the water table?
37
38 Then the second question is will sea level rise impact the height of the water table? Do current
39 construction methods consider that? I am sure there is some answer in code but I hadn't seen
40 any discussion of that.
41
42 Of course, just be a broken record on this, this is another section where Palo Alto being in a
43 floodplain and having its power supply subject to earthquake and flooding risks. Here again in
44 Geology do we need to have a reliable power supply so the hospital can have continuing long-
45 term ongoing operations if Palo Alto's power supply fails to be reliable in a flood or an
46 earthquake?
Page 23
1
2 Then I also would concur with Commissioner Keller's comments earlier, and I am having a brain
3 hiccup, and I am forgetting which ones. I will echo his earlier comments because there was
4 something there I agreed with but I can't remember what it is now.
5
6 Chair Garber: Alright, let's move to the Hydrology Chapter. Anyone have comments on that?
7 Commissioner Tanaka. Commissioner Fineberg you do. Commissioner Martinez and Keller.
8 Commissioner Fineberg why don't you go ahead. Commissioner Tanaka you did not have
9 comments.
10
11 Commissioner Fineberg: Tum the page and now I know what that comment was. It was on the
12 dam failure inundation area. I had my notes on that under Hydrology. I would concur that it is
13 Comprehensive Plan Map N-8 identifies that the project area is in a dam failure inundation area.
14 Maybe I missed it but I am not sure I saw analysis considering that or what potential mitigations
15 . would be, and if they are significant any work there to make the project safer, and then obviously
16 the ancillary benefit of a water retention facility to improve San Francisquito Creek conditions
17 would be good.
18
19 Also, under Hydrology has there been appropriate consideration of the primary evacuation routes
20 from the areas near to bay level west to higher ground? What impact, especially during
21 construction, would there be on evacuation routes? That is was it on Hydrology.
22
23 Chair Garber: I have a brief comment regarding Mitigation Measure HW -3.1, develop a work
24 plan for any unknown contaminated sites. This is not necessarily an additional mitigation to be
25 considered but the topic in general of groundwater contamination is one that our community is
26 very sensitive about. I would be interested in seeing the findings of the various excavations that
27 occur be published in some way that they can become easily seen. Now, if my memory serves, I
28 believe there are a variety of requirements but none of them really raise them to the surface. The
29 findings could be published to a website, or some other way to make it evident. I just think
30 having some daylight on that information that is found would lend just that much more credence
31 to the work that is being done there over the next 12 years. Commissioner Martinez.
32
33 Commissioner Martinez: A couple of things. There is a discussion in a couple of places about
34 surface runoff and impervious surfaces. On page 3.11-34 it says only one to two percent
35 increase in impervious area. Then on page 3.11-40 it says there is a 26 percent increase in
36 impervious area. Both of those statements might be true but they seem contradictory so can you
37 just edit that a little bit so we understand what you are sayiq.g?
38
39 Then on page 3.11-42 under Operations it talks about the project SUbmitting final grading plans.
40 I understood that operations means after occupancY,not about during the planning or design
41 phase. So I am sort of a little confused about that. I think it should be addressing surface runoff
42 from the streets, maintenance of the sewer systems, things of that nature, but not still be talking
43 about plans. Thank you.
44
45 Chair Garber: Commissioner Keller and then Commissioner Tanaka has a comment as well.
46
Page 24
1 Commissioner Keller: Thank you. So my first comment is related to the potential for
2 construction dewatering. It was pointed out that there would not be an ongoing dewatering
3 because of the flood proofing of the underground structures, but the idea that the underground
4 structures will protrude below the water table doesn't indicate to me that there is likely to be
5 dewatering. Typically the City of Palo Alto has ITLles for when you can do dewatering so that
6 . they are only done during the non-rainy months so as not to impact the storm drain system when
7 there is rain. I am not sure how that fits in with the construction project schedule. So I think that
8 is something that has to be considered. In particular, in the event of a severe rain event that
9 happens while there is construction dewatering the impact of the combination needs to be
10 considered.
11
12 Also, it would be helpful to,have a map indicating where the foundations and where the
13 underground parking or whatever intersects the water table. So the decent below the water table,
14 a picture or a map of that would indicate to some extent where the water streaming that is
15 coming from the hills underground is blocked, and might have affects on downstream. So this
16 project is of significant size to the effect that water needs to go around this project, and to the
17 extent that that might have some downstream effects on the underground water flow is
18 worthwhile considering.
19
20 I am assuming that this is not the case but the consideration that if water backs up behind such a
21 structure some sort of diversion to keep it from backing up and whether there could be upstream
22 kinds of flooding from underground water flow. I don't really understand that but I am sure the
23 geologists understand the issues better than I do.
24
25 A second consideration, which I guess goes under the category of flooding. Currently to my
26 understanding the helicopters are transporting patients among other places between the Palo Alto
27 Airport and the Stanford Hospital. Is that correct? Is that one of the ways that they go?
28
29 Mr. Tortorich: Commissioner Keller, they will refuel at the Palo Alto Airport but I don't believe
30 they are frequently moving patients from the Palo Alto Airport.
31
32 Commissioner Keller: Okay, thank you. So to the extent that there are fueling operations at the
33 Palo Alto Airport and the Palo Alto Airport is subject to flooding, which is a potential issue, then
34 alternative mechanisms for fueling the helicopters needs to be considered. Perhaps that could be
35 Moffett Field or some other place like that. To the extent that patients are flown in through the
36 Palo Alto Airport, I am not sure if they are flown in through other airports. I am seeing a nod.
37 They are not flown in through Palo Alto Airport?
38
39 Mr. Tortorich: Comnlissioner Keller, if they are capable enough to fly in an airplane to an
40 airport typically they would come by car to the hospital. So the life flight will bring somebody
41 who has been in an accident to the hospital, or if there is a patient transfer from another hospital,
42 but typically if you are able to fly on an airplane we can get you here by car.
43
44 Commissioner Keller: Okay, thank you. I appreciate that. Yes?
45
Page 25
1 Commissioner Fineberg: I am not sure where your line of questions are going but one thing, and
2 correct me if I am wrong, don't organs get flown in on major commercial routes, and then the
3 organ is brought over by helicopter? I don't know if they would go through the Palo Alto
4 Airport.
5
6 Chair Garber: Commissioner Keller, why don't you get to your point and then if we need further
7 conversation with the applicant we can do that.
8
9 Commissioner Keller: My question is to the extent that the Palo Alto Airport waS necessary to
10 the operations and there was flooding there I wanted to understand that there were altemati ve
11 measures in place for continued operation. So whether it is patient transport or organs or simply
12 refueling the helicopter that is of import, particularly as sea level rises and the likelihood of Palo
13 Alto Airport being under water in significant events. Currently it is within the 100-year
14 floodplain and probably worse than that. Thank you.
15
16 Chair Garber: One thing before we go to Commissioner Tanaka, I had missed the dewatering
17 comment in the chapter. If that is in fact incurred it seems to me that there would be potentially
18 a mitigation plan for that water depending on what is encountered. This site is of such a size that
19 it seems to me reintroducing it to the water table at a different location would potentially be
20 reasonable depending on what the conditions were. In any case, if those conditions are
21 encountered it seems to me there are a variety of ways of dealing with that. Commi~sioner
22 Tanaka.
23
24 Commissioner Tanaka: Thank you. I just have a few quick comnlents here. As for the green
25 roof, the rainwater harvesting, as well as the condensate from the chillers seem like a really great
26 way to actually try to conserve water. So I think that is actually really nice that the applicant is
27 taking action in this area. One question I have for PBS&J is is this taken into account in the
28 Draft EIR? It sounds like they are still trying to get OSHPD approval for some of these
29 technologies. So is that taken into account in the Hydrology and other sections, the fact that they
30 are doing all these things to recycle water?
31
32 Ms. Martelino: Our hydrologist did consider the green roofs in analyzing the total permeable
33 and impermeable area and how that would affect runoff.
34
35 Commissioner Tanaka: It sounds like they are doing extensive rainwater harvesting as well,
36 which is great. Is that also taken into account? If not, maybe you guys can look at it and nlake
37 sure.
38
39 Ms. Martelino: We will look at that.
40
41 Commissioner Tanaka: One aspect I didn't see in this, and maybe it is in there already, if they
42 are doing permeable pavers as well on the ground. If they are that is a bigger bonus. Those are
43 all the questions I had on this section.
44
45 Chair Garber: Commissioners, we have been at this almost two hours. We would normally take
46 a break, but given that we really only have one more chapter I suggest we just move forward.
Page 26
1
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Our last chapter is Hazardous Materials. Do all the Commissioners have comments?
Commissioner Keller, Martinez, Fineberg. Commissioner Keller why don't you start?
Con1TI1issioner Keller: So there was a comment here about the Lucile Packard Children's
Hospital school. On the one hand it says there are no schools within a quarter of a mile, but that
is school. So you can't have it both ways. It is worthwhile evaluating that. I think the
evaluation should be straightforward because whatever mitigations you have for the sensitive
receptors the hospitals should also suffice for the Lucile Packard Children's Hospital.
There is also a statement that says that you are not going to build a school within a quarter of a
mile of this. That means I presume that the Lucile Packard Children's Hospital school is not
going to be located all within the new facility but it is only located within the existing buildings.
It would just be worthwhile confirming that.
15 The related thing to that is that obviously this site is within a quarter-mile of a University. In
16 fact, years ago I used to have an office on the Stanford campus that was probably within a
17 . quarter-mile of this site. I am wondering if there are issues with respect to the fact that there are
18 students located there.
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Furthermore, one thing that wasn't mentioned I guess it is the -is it the Arboretum Children's
Center that is located adjacent to the Hoover Pavilion? That is not considered with respect to
this and I think it needs to be. It is not a school per se but it effectively operates as a school. It is
a preschool facility I believe, and that should certainly qualify in the same characteristic.
One final comment, I am not sure which section what was mentioned as the Cortese List is. If it
is pronounced the same way that Santa Clara County Supervisor Dave Cortese pronounces his
name then I assunle it is pronounced as Cortese as Cortese. Thank you.
Chair Garber: Commissioner Martinez.
Commissioner Martinez: When I first started as an architect one of my first projects was to do
some redesign for the Stanford Hematology Lab. One of our greatest challenges was to rebuild
this, a 24-hour operation that could not be shutdown with the presence of asbestos that would
contaminate the equipment that was running. So even back in the early 1980s Stanford had a
very profound knowledge of the presence of asbestos, and probably had a pretty aggressive
program to remove it as they remodeled.
On page 3.12-37 it talks about asbestos surveys prior to construction. I would say that Stanford
likely has a lot of information about the building content of asbestos, and that really should be
made part of the EIR now. A table, a paragraph mentioning the existing hazard and the
mitigation measures that you talk about to mitigate it. Thank you.
Yes, lam certain there were surveys done to know the presence. In general, we know that in
buildings of this era asbestos was the material of choice. So you are going to find it everywhere.
Thank you.
Page 27
1 Chair Garber: The only comment I have is related to the cumulative analysis, HM-12, and it is
2 the same as I had for Hydrology, which is the release of findings to increase the confidence of
3 the way the project is being managed on an ongoing basis. Commissioner Fineberg.
4
5 Commissioner Fineberg: Comprehensive Plan Map N-9 shows that the project area is within
6 2,500 feet of a toxic gas facility. What is that? Does it have any impact on the project? :Ooes it
7 have any impact in emergencies? Does anyone here now know what that toxic gas facility is? I
8 have the map from the Comprehensive Plan that I would be happy to share with Staff or
9 consultants. What is it, and what does it mean, and do we need to do anything about it, is it
10 going to impact operations, or is it just if there is a leak in an emergency? I don't even know
11 what questions to ask because don't know what it is.
12
13 Ms. Martelino: We can take a look at that map and take a look at what the implications would
14 be.
15
16 Commissioner Fineberg: Thank you. Connnissioner Keller earlier was talking about the
17 preschool that is at the base of Hoover Pavilion. I don't know if they are within a quarter of a
18 mile throw, but there are a couple of other preschools pretty close. Escondido School, which
19 actually a P AUSD school to the south, and then there is another one, forgive me I don't know the
20 name, but another preschool located in the Stanford West Apartment area. I think it is a
21 children's something or other. So I don't know if preschools get the same consideration as
22 public schools but those nlay be additional locations to consider.
23
24 Then also I have a concern about the transportation of the hazardous materials via the truck
25 routes. I understand it is highly regulated. I understand there are codes. But I also understand
26 that to be human is to err, and having lived with a bunch of projects building hundreds of houses,
27 I can tell you there were tons of construction vehicles driving down my little one-block long cul-
28 de-sac street that sometimes I would be frustrated and I would hop in my car and I would follow
29 them, and they would be going to a big construction site. They didn't belong in a residential.
30 neighborhood. They didn't belong on residential streets. They were not delivering materials in
31 the residential area. I understand there are Code Enforcement mechanisms but it is too late that
32 point.
33
34 So if there can be some kind of consideration within the DEIR of, I don't know that it would be
35 monitoring, but a mitigation that would be proactive education for the drivers of the vehicles for
36 the construction companies rather than just assuming that the routes were distributed to the
37 construction companies that there actually be real handshakes between the folks on the site and
38 the folks in the trucks so that there be true compliance. I understand that the code requires that
39 but enhanced implementation of that to get compliance for hauling even the non-hazardous
40 materials, but especially if there are a bunch of trucks hauling hazardous materials, hazardous
41 groundwater, removing the asbestos, removing lead. Those things are going to be crossing our
42 streets, and there are countless sensitive receptors and countless potentials for unforeseen
43 consequences. So the more vigilant we can be about that in whatever ways are possible, if the
44 DEIRcould put some consideration into that.
45
46 Chair Garber: Commissioner Tanaka.
Page 28
1
2 Commissioner Tanaka: My main point has already been covered so I am not going to repeat it. I
3 ' do know that there are after school right next to College Terrace. It is called Peppertree. I don't
4 think it is a quarter-mile. If there are other after schools near the site you should also look at that
5 as well. Thank you.
6
7 Chair Garber: Commissioner Keller, a final comment.
8
9 Commissioner Keller: Yes. First I agree with Commissioner Fineberg, it should be specifically
10 noted that Embarcadero Road and Oregon Expressway and Charleston are not to be used for
11 construction vehicles because those are not truck routes. I think it is important that we say that
12 today's topic exemplifies why the project is being done. We are doing this, as mentioned by
13, Stanford, for earthquakes because we live in earthquake territory. That is the whole reason for
14 Stanford investing over $3.0 billion in this project so that in the event of an earthquake you and I
15 and people all over will have a place to go still after that earthquake still, after that earthquake in
16 the event that we need medical attention. So I think here is a particular situation as was
1 7 mentioned that not only is in some sense the issues of the potential impacts of an earthquake but
18 that this is actually a great improvement in the earthquake safety of the Stanford Hospital. I only
19 wish that we had 'received this earlier rather than having Stanford having a rush project that they
20 have'to go through in order to meet the very quick, very soon deadline. So perhaps the delays in
21 getting the EIR processed because of the Stanford Shopping Center' and such unfortunately that
22 has an impact here. 'I think this is important that this does greatly improve the benefit to the
23 community by having an earthquake safety hospital in our community. Thank you.
24
Page 29
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,
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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.
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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
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!
,
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).
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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
\ .
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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
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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.
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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
\\C<:.ltlTlu\.humdlASDlPURCIl\SOLICITATIONSICUllllENT BUYell-CM POWEIlBIKA THYIC.m,. cts\ClOI3S998·Si<l". illiOsy>,
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
S,IASD\PURCH\SOUClTATIONS\CURRENT BUYER·eM FOLDERSIKATHY\Contra ClS\CI0I35998·Sicrra infosys, Inc\Conlract C10135998Ldoc
Resolution> 2 day
Escalation path: tbd
l'l1:>ressiooal Services
Rev. June 2, 2010
[
, 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
"'-"
,
Professional Services 19
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i
i
i
I
I
I
i
S:IASDIPURCHlSOLICITATIONSlCURRENT BUYER·CM FOLDERS\KA THY\Contra elSIC! 0135998..s1erra inCosys, In.IContract
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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
Professional Services 20
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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
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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
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C101359981.doc
I
~~h X Cha1nanl
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
SHaUll;) ANV Of THl! A80VE QE.SCRi8EO f>OVClfS BE CAACELlEQ BEfO. HE I TM!! EXPiAATION DATE TH£A~ NOTICE WIll e'" ACCORDmCI'1 wn~ THE POLIe'( PRoVIsIONS ... OELMREO 1M
Professional Services 2 3
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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
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CMR:312:10 Page 1 of 3
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
DATE: JULY 19, 2010 CMR: 312:10
REPORT TYPE: REFERRAL TO COMMITTEE
SUBJECT: Referral To Policy And Services Committee For Its Review And
Recommendations Of Project Safety Net Community Task Force Report On
Palo Alto Youth And Teen Suicide Prevention And Strategies For
Addressing Their Social And Emotional Health
EXECUTIVE SUMMARY
The purpose of this staff report is to provide Council with information regarding the plans,
actions and recommendations developed by the Project Safety Net (PSN) community task force.
The PSN community task force took shape during the summer of 2009 in response to the tragic
teen suicides in the community. The task force is broadly represented with parents, medical
professionals, youth-serving non-profits, city commission representatives, the Palo Alto Youth
Council and several other at large Members. The mission of the PSN community task force is to
develop and implement an effective, comprehensive, community-based mental health plan for
overall youth well-being in Palo Alto. The plan, as described in the attached report, includes
education, prevention and intervention strategies that together provide a Safety Net for youth and
teens in Palo Alto, and defines our community's teen suicide prevention efforts.
RECOMENDATION
Staff recommends the Project Safety Net (PSN) report be referred to Policy and Services
Committee for further review and recommendations; and for staff to return to Council with
specific policy recommendations from the Committee that support teen suicide prevention and
strategies for the social and emotional health of youth and teens in Palo Alto.
BACKGROUND
In response to the five teen suicides the Palo Alto community experienced between May 2009
and January 2010, the City of Palo Alto and the Palo Alto Unified School District (PAUSD),
along with other community partners, have taken an active and progressive role in developing
short and long-term plans in support of suicide prevention and the social and emotional health of
CMR:312:10 Page 2 of 3
youth and teens in Palo Alto.
The PSN community task force effort is closely aligned with the 2010 Council priority
“community collaboration for youth well-being.” The City has played an important coordinating
role in bringing the community together to both plan and take action in support of youth well-
being. The PSN report attached describes the process that the Palo Alto community used to
investigate, intervene and strive to prevent further teen suicides. The report delineates specific
resiliency and mental health promotion strategies that have taken place, along with
recommendations for future action.
DISCUSSION
The PSN report provides a summary of how the Palo Alto community has come together in
response to the tragedy of teen suicide. The report describes a comprehensive, community-based
mental health plan for overall youth well-being in Palo Alto. The plan draws on our nation’s best
known practices for community-based mental health and suicide prevention. The report provides
a detailed description of twenty-two strategies that fall into three broad categories: Education,
Prevention and Intervention. Each of the twenty-two strategies is described in the following
manner:
• Strategy Defined
• Actions Taken
• Next Steps Recommended
The Palo Alto community has a long history of community collaboration in support of youth and
teens. The recommendations in the report should be viewed as building on the strengths of
existing community collaborations and efforts in support of youth and teens. Moreover, the PSN
report should be viewed as a work in progress by the Task Force. It is a beginning rather than an
end toward greater suicide prevention and social / emotional health for youth and teens in Palo
Alto.
The report represents the best collective thinking of local and national experts, Palo Alto’s
community leaders, parents and students on how we as a community should proceed, as we
strive to realize the PSN mission, as well as develop and implement an effective, comprehensive,
community-based mental health plan for overall youth well-being in Palo Alto.
The priority next steps defined in the report include the following actions:
1. Create an effective and sustainable structure for PSN to maximize and coordinate the
tremendous resources in the Palo Alto community for the planning and
implementation of effective strategies for “Youth Well-Being”.
• Assign a senior level position in PAUSD and the City to support the implementation
of PSN strategies.
• Apply for grant funding to complement the $50,000 School Emergency Response to
Violence (SERV) grant awarded for the PSN efforts in April 2010.
• Identify a PSN coordinator to further develop PSN strategies and the implementation
CMR:312:10 Page 3 of 3
plan.
2. Implement the 41 Developmental Assets and philosophy in the school district, city,
and community agencies for a common vision and language for youth and teen well-
being.
3. Train all school district staff and youth-serving agencies to be gatekeepers using
“Question, Persuade, Refer (QPR),” or related program.
4. Adopt a comprehensive K-12 health education curriculum that includes a strong
social-emotional, mental health component as described in the “Health Education
Content Standards for California Public Schools” of the California Department of
Education.
It is the collective recommendation of the PSN community task force that the recommendations
in the PSN report be used as a foundation for a sustainable community task force for youth and
teen wellbeing; and that policy makers, administrators and the broader community use the PSN
report as a supportive document to help inform community decision making in the interest of
youth and teen well-being.
RESOURCE IMPACT
There are no resource impacts recommended at this time. If the Policy and Services Committee
decides to recommend one or more specific policies or actions to Council, staff will define all
related resource impacts at that time.
POLICY IMPLICATIONS
The recommendations of the Project Safety Net report respond to the City Council 2010 priority
of “Community Collaboration for Youth Well-being.” If the Policy and Services Committee
decides to recommend one or more specific policies or actions to Council, staff will define all
related policy implications at that time.
ENVIRONMENTAL REVIEW
This is not a project under the California Environmental Quality Act.
ATTACHMENTS
Attachment A: Project Safety Net Report – July 2010
PREPARED BY: ________________________________________________________
ROB DE GEUS
Division Manager, Recreation Services
APPROVED BY: ______________________________________________
GREG BETTS
Director of Community Services
CITY MANAGER APPROVAL:____________________________________________
JAMES KEENE
City Manager
Our Mission
To develop and implement an effective, comprehensive, community-based
mental health plan for overall youth well-being in Palo Alto.
The plan includes education, prevention and intervention strategies that
together provide a Safety Net for youth and teens in Palo Alto, and defines our
community's teen suicide prevention efforts.
Thank You
to the following individuals who have supported
the Project Safety Community Task effort:
Aarika Riddle
Adolescent Counseling Services
(ACS)
Adam Howard
City of Palo Alto -Recreation
Alicia Gregory
Youth Community Services (YCS)
Ami Chen Mills-Nairr
Center Sustainable Change (CSC)
Anat R Admati
Parent Representative
Anne Ehresman
Project Comer Stone
Becky Beacom
Palo Alto Medical Foundation (PAMF)
Greg Betts
City of Palo Alto -Community Services
Carol Zepecki
Palo Alto Unified School District
(PAUSD)
Chris Miller
Youth Ministry Director, St. Thomas
Aquinas Parish, Palo Alto
Craig Schlarb, Ph.D
Community Center for Health &
Wellness
Cyndy Ainsworth
Kara Grief Counseling and Education
Danny Koba
Palo Alto Family YMCA
Daryl Savage
Human Relations Commission
Dennis Burns
City of Palo Alto -Chief of Police
Dr. Frances Wren
Psychiatrist -Private Practice
Dr. Philippe Rey
Adolescent Counseling Services
(ACS)
Dr. Shashank Joshi
Lucile Packard Children's Hospital
(LPCH)
Erica Weitz
Lucile Packard Children's Hospital
(LPCH)
Greg Hermann
City of Palo Alto -City
Manager's Office
Jessica Lewis
City of Palo Alto -Recreation
Jo Coffaro
Lucile Packard Children's Hospital
(LPCH)
Kathleen Blanchard
Parent Representative
Kathy Schroeder
Parent Representative
Green
San Mateo County Transit District
Kenneth Dueker
City of Palo Alto -Police Department
Kim Cowell
Gunn High School
Leif Erickson
Youth Community Services (YCS)
Leonard Beckum
Palo Alto University
Linda Lenior
Palo Alto Unified School District
(PAUSD)
Mandy Lowell
PTA Council
Mary Ojakian
Suicide Prevention Advocate
Minka van der Zwaag
City of Palo Alto, Human Services
Noreen Likens
Gunn High School
Palo Alto Youth Council
Student Representatives
Pam Shames
Challenge Success Psychologist
Pat Dwyer
Santa Clara County Mental Health
Department
Pat Markevitch
Parks and Recreation Commission
Paul J Marcille Ph. D
Palo Alto University
Ray Bacchetti
Human Relations Commission
Rob de Geus
City of Palo Alto -Community Services
Roni J. Gillenson
Adolescent Counseling Services
(ACS)
Scott Glissmeyer
Palo Alto Family YMCA
Steve Emslie
City of Palo Alto -City Managers Office
Sunny Oykwel
Parks and Recreation Commission
Terry Godfrey
PTA Council
Victor Ojakian
Suicide Prevention Advocate
Wesley Cedros
Palo Alto Unified School District
(PAUSD)
Table of Contents
Executive Summary ................................................................ 1
Introduction ' ............................................................................. 3
Background ............................................................................. 5
Community Coalition Building ................................................. 7
Implementing the Plan ............................................................ 11
Education ................................................................................ 11
E-1 Mental Health Curriculum in Schools ...................................... 11
E-2 Parent & Community Education .............................................. 12
E-3 Media Education ..................................................................... 14
E-4 Mental Heath Training for Teachers ........................................ 16
Prevention .............................................................................. 18
P-1 Youth Outreach ....................................................................... 18
P-2 Mental Health Support for Students ........................................ 21
P-3 Character Education and Resilience Skill Building Programs. 23
P-4 Reduction of Lethal Means to Self Harm ................................ 24
P-5 Crisis Manual and Safety Plan ................................................ 26
P-6 Accessible Resources on Suicide Prevention and Depression .... 28
P-7 Reduction of Harassment and Social Cruelty ......................... 29
P-8 Supportive School Environment... ........................................... 31
Intervention ............................................................................ 33
1-1 Adopted Suicide Prevention Policies ........................................ 33
1-2 Screening, Identification and Referral of At-Risk Youth ............ 34
1-3 Peer to Peer Counseling .......................................................... 35
1-4 Surveys/Assessment of Risk .................................................... 36
1-5 Gatekeeper Programs .............................................................. 38
1-6 Affordable and Expanded Mental Health Care ......................... 39
1-7 Crisis Hotline ............................................................................ 40
1-8 Support for Highest Risk youth ................................................ 41
1-9 Grief Counseling for those Impacted by Suicide ...................... 42
1-10 Organized Health Care Provider Network .............................. 43
Conclusion ............................................................... ; .............. 45
Appendices ............................................................................. 49
Executive Summary
This report provides a summary of how the Palo Alto community has come together in
response to the tragedy ofteen suicide. The report describes an effective, comprehensive,
community-based mental health plan for overall youth well-being in Palo Alto. The plan,
described in this report, draws on our nation's best known practices for community-based
mental health and suicide prevention. The report provides a detailed description of 22
strategies that fall into three broad categories: Education, Prevention and Intervention.
Each of the 22 strategies is described in the following manner:
• Strategy Defined
• Actions Taken
• Next Steps Recommended
The Palo Alto community has a long history of community collaboration in support of
youth and teens. The recommendations in this report should be viewed as building on the
strengths of existing community collaborations and efforts in support of youth and teens.
Moreover, this report should be viewed as a work in progress; a beginning rather than an
end toward greater suicide prevention and social I emotional health for youth and teens
in Palo Alto.
This report represents the best collective thinking of local and national experts, Palo Alto's
community leaders, parents and students on how we as a community should proceed,
as we strive to realize the Project safety Net (PSN) mission, to develop and implement
an effective, comprehensive, community-based mental health plan for overall youth well-
being in Palo Alto. The education, prevention and intervention strategies together provide
a Safety Net for youth and teens in Palo Alto.
Among the priority next steps defined in this report are the following:
1. Create an effective and sustainable structure for PSN to maximize and coordinate
the tremendous resources in the Palo Alto community for the planning and
implementation of effective strategies for "Youth Well-Being".
• Assign a senior level position in PAUSD and the City to support the
implementation of PSN strategies.
• Apply for grant funding to complement the $50,000 SERV grant awarded for
the PSN efforts in April 2010.
I ' Project Safety Net (PSN) \ r
f,', >,
• Identify a PSN coordinator to further develop PSN strategies and the
implementation plan.
2. Implement the 41 Developmental Assets and philosophy in the School District,
city, and community agencies for a common vision and language for youth and
teen well-being.
3. Train all School District staff and youth-serving agencies to be Gatekeepers
using Question, Persuade, Refer (QPR) or related program.
4. Adopt a comprehensive K-12 health education curriculum that includes a
strong social-emotional, mental health component as described in the "Health
Education Content Standards for California Public Schools" of the California
Department of Education.
It is the collective recommendation and hope of the PSN Community Task Force that the
recommendations in this report be used as a foundation for a sustainable Community
Task Force; and that policy makers, administrators and the community use this report as
a supportive document to help inform community decision making in the interest of youth
and teen well-being.
, " , '~, ~~:I July 2010
Introduction
Suicide is the third leading cause of death among young people in the US, and although
the rate of teen suicide has declined over the last decade, the impact of even one youth
suicide is tragic, with far reaching impacts on a community (Gould, et aI1990). One County
in Nebraska, which experienced a series of youth suicides, compared these events to a
rock being thrown into a pond, with ripple effects in the schools and community at large
(Sarpy County, 2010). Even more troubling is the risk of suicide contagion, a phenomenon
defined by the Center for Disease Control and Prevention (CDC) as a process by which
exposure to the suicide or suicidal behavior of one or more persons influences others
to commit or attempt suicide. The Palo Alto community, with tremendous sadness and
compassion, has experienced this phenomenon over the past year.
While tragic, these events are not unique to our community. Suicide clusters occur in
other communities around the United States, and estimates are that 100-200 teens die
in suicide clusters each year. Teens, in particular, are the most susceptible to suicide
contagion, and about 1-5% of all teen suicides are part of a cluster (Gould et, al. 1990;
Hacker, 2008). Media coverage, especially front page stories, of a youth suicide, the
particulars of the headline, details of the method used, simplistic explanations of the
cause of the suicide, or use of the teen's photo, can be key contributors to contagion
(Sarpy County, 2010).
The public health approach to suicide clusters includes intervention, postvention (the
strategies utilized to investigate events and educate students and adults in the community
for the year following the events), and prevention strategies. CDC guidelines strongly
underline the need for a coordinated community-wide response, and community coalitions
can "exponentially expand the reach of any effort" (Hacker, et ai, 2008). In California,
access to statewide suicide data has been made available through a site called kidsdata.
org, and this information has assisted communities including Palo Alto in making informed
decisions about intervention strategies. Other important recommendations emphasize
the following:
• Access to lethal means must be restricted immediately
• Public and media response must minimize sensationalism, avoid unintended
glorification of the act or the means, and also include mental health and other
community support resources. Every opportunity should be taken to remind the
public of the crucial link to mental health conditions such as mood disorders and
substance abuse, and that 60-80% of deaths by suicide occur in people who
have had such disorders for at least 1 year.
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Project Safety Net (PSN) 'i :"c," ,;,1 '" 1" .. :.<>~
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• Immediate evaluation and counseling of close friends, siblings and important·
adults in the teen's life should be made available.
• An understanding that no single agency can stop a suicide cluster alone, and that
the postvention journey must emphasize prevention.
In response to the five teen suicides the community has experienced between May 2009
and January 2010, the City of Palo Alto and Palo Alto Unified School District (PAUSD),
along with many community partners, have taken an active role in developing short and
long term plans to address this crisis. This report will describe the process that the Palo
Alto community has used to investigate, intervene, and hopefully, to prevent the spread
of further suicide contagion. It also delineates specific resiliency and mental health
promotion strategies that have taken place, many of which have come from the City!
Schools Community Task Force (Project Safety Net), and some of which have come from
teens in the community.
:'5': I July 2010
Background
Palo Alto is a city of over 60,000 people in the northern part of Santa Clara County in
California in an area known as Silicon Valley, and is home to many technology companies
and Stanford University. While the demographics are very diverse, there is a deep sense
of community and shared values. Many students will talk about having known their friends
since they were in preschool programs together. There are several private and parochial
schools in the community but the majority of students attend the Palo Alto Unified School
District, a Public School District of over 11 ,000 students known for its academic excellence.
The School District has enjoyed long standing partnerships with many local community
organizations.
This tight-knit community was shaken in May 2009 when a student at Gunn High School
died of suicide at a railroad crossing in the community. Immediately, school officials and
community members were encouraged to hold meetings to address this tragedy. Several
parent workshops were scheduled in the next few weeks and local community agencies
provided support to students, teachers and parents. Less than one month from the first
death, and just one night before a community forum on mental health strategies for teens,
a second Gunn High School student died at the same railroad crossing. Once again, the
community and School District were encouraged by parents and other caring community
members to take action. Parent and student meetings continued and community agencies
and local mental health professionals increased their efforts to respond to the community
needs and concerns.
With the official end of school in June 2009, School District staff met to develop a plan
for the next year. From the time of the first suicide, the School District felt that it was
important to not just develop short term plans but to put changes in place that could
be institutionalized. At the same time, Palo Alto Medical Foundation (PAMF) and Lucile
Packard Children's Hospital (LPCH) staff invited many other health care professionals
and city and district officials to meet to develop support plans through their organizations.
The faith community and the City of Palo Alto were forming similar groups. Many
community members reached out at this time with offers of support, ideas, experts to
call, and soothing words. A great deal of information was gathered and read, ideas were
shared, experts were consulted, community workshops were held and the School District
developed and later shared their specific plan of activities for the 2009-2010 school year.
The mental health community developed plans for additional community support, and
the city and faith community put together similar plans. In talking with local and national
experts, all efforts were focused on interventions that were discrete and planned, but
which did not unintentionally romanticize the act of suicide or the means of death. The
" , "
Project Safety Net (PSN) ~, "0';:1'
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potential for suicide contagion was very real, and though everyone kept that in mind, no
one could completely grasp the fact that additional students might die from suicide in the
community.
Two days before school was to start in August 2009, a student about to enter Gunn High
School died at the same crossing as the other two students. Once again, the community
responded with a sense of disbelief and acknowledgement that these deaths constituted
a suicide cluster. Grief groups continued to support students and families; community
meetings were held; and more information was gathered regarding possible solutions
and strategies. Many community members shared their knowledge, their ideas and
their concerns with the school and community officials. Suicide prevention experts and
other school districts that had experienced similar tragedies reached out to the Palo Alto
community in support. School District staff and City officials spoke with countless groups
and individuals as they put all of the ideas in the context of the plan for Palo Alto, that is
described in this report. There are few words to describe the despair in the community
when a fourth Gunn High School student and then a fifth student (a 2008 Gunn H.S.
graduate) died at or near the same railroad crossing; one in October 2009 and the other
in January 2010. All prevention efforts were increased, with particular concern directed at
not intensifying the cluster crisis.
~"" ,',ftl July 2010
"i 0"'< ~ 1
Community Coalition Building
During the summer 2009, School District staff developed a 14-point action plan to address
the student, parent and teacher activities that they felt were necessary for the start of the
school year and to make sure that systems were in place for ongoing support throughout
the year. At the same time, local mental health professionals were forming a group soon to
be known as Health Care Alliance in Response to Adolescent Depression (HEARD); City
officials and Caltrain addressed safety at the railroad crossing; an interfaith group was
forming to help enhance community connectedness; Caltrain, who operate the trains that
pass through Palo Alto, began meeting with several groups throughout the area eager
to support the community prevention efforts; and a task force was being considered for
Santa Clara County. In addition, offers of help and suggestions for action were coming to
the School District, Caltrain and city staff from local and national experts.
School District and City staff decided to bring everyone interested in helping together. A
meeting was held in September with invitations to local agencies, non-profits, physicians,
parents, School District and city staff. Both the City Manager and the district Superintendent
attended. The initial group decided to keep meeting and to form a more formal Community
Task Force; later called Project Safety Net (PSN). This name was chosen to reflect the
integrated system of strategies that together form a safety net for youth and teens in the
community.
The members of the PSN Community Task Force include the following organizations
and individuals:
Adolescent Counseling City of Palo Alto Police Leaders of the Faith
Services (ACS) Department Community
American Red Cross Community Center for Health Local Psychologists
and Wellness
Caltrain Lucile Packard
Health Care Alliance for Children's Hospital
Center for Sustainable Change Response to Adolescent
(CSC) DepreSSion (HEARD) Palo Alto Drug and Alcohol
Community Collaborative
City of Palo Alto -City City of Palo Alto -Human
Manager's Office Relations Commission Palo Alto Medical Foundation
City of Palo Alto -Community Kara -Grief Support Palo Alto Unified School
Services Department and Education District (PAUSD)
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Project Safety Net (PSN) • :"~: ~,)t~
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Palo Alto University
Parent Representatives
Parks and Recreation
Commission
City of Palo Alto
Council of PTA's
Palo Alto Family YMCA
Youth and Teen
Santa Clara County Representatives
Health Department
Youth Community Services
Suicide Prevention Advocates (YCS)
In the PSN meetings, the group reviewed the original School District 14-point list of
action items for suicide prevention, intervention and education and added an additional
8 strategies for a total of 22 strategies. Each strategy would later have a PSN agency,
groups and/or individuals identified as responsible parties for specific initiatives. These
activities continued to be refined as the group met and individual agencies and community
members chose to participate and contribute in their area of influence. All 22 strategies
were categorized as education, prevention or intervention with seven strategies identified
as requiring immediate attention. The set of strategies described in this report come from
the numerous experts consulted, from literature reviewed on suicide prevention and from
the wealth of knowledge and experience from existing youth supporting agencies, non-
profits and individuals in the Palo Alto community. As PSN members continued to meet
the group continued to grow as more community members wanted to get involved. Due
to the size of the evolving task force a need quickly emerged to have a smaller executive
committee and chair to help make decisions and set direction. An Executive Committee
was established and consists of the following individuals:
• Palo Alto Unified School District -Carol Zepecki (Co-Chair)
• City of Palo Alto -Community Services Department -Rob de Geus (Co-Chair)
• Adolescent Counseling Services -Roni J. Gillenson
• City of Palo Alto -Police Department -Ken Dueker
• City of Palo Alto -City Manager's Office -Greg Hermann
• City of Palo Alto -Community Services Department -Minka van der Zwaag
• Kara Grief Counseling -Cyndy Ainsworth
• Lucile Packard Children'S Hospita/-Shashank V. Joshi, MD
• Palo Alto Unified School District -Wes Cedros
• Palo Alto Unified School District -Linda Lenoir
• Palo Alto Medical Foundation -Becky Beacom
• Parent Representative -Pat Markevitch
• PTA Council-Terry Godfrey
• Teen Representatives -Palo Alto youth Council
. "'~ ; Itl1 July 2010
The Education, Prevention and Intervention strategies are assembled in the table below;
the order of strategies does not indicate priority.
A matrix illustrating the Education, Prevention and Intervention strategies alongside
the broad community support and their area of influence can be seen in Appendix A.
This Action Matrix (Appendix A) illustrates the PSN focus on leveraging the wealth of
community resources in a coordinated manner where individuals and groups with specific
expertise and influence in one or more strategic initiatives can coordinate their efforts for
maximum efficacy.
Project Safety Net (PSN) r /j , ,
The following strategies were considered priorities from the beginning by the PSN
Task Force due to their potential for stemming the cluster crisis:'
• E-2 Parent & Community Education
• E-3 Media Education
• P-1 Youth Outreach
• P-2 Mental Health Support for Students
• P-4 Reduction of Lethal Means to Self-Harm
• 1-2 Screening
• 1-9 Grief Counseling
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• An important next step will be to implement a coordinated, comprehensive health
curriculum for all students in the district, as described in the "Health Education
Content Standards for California Public Schools" from the California Department
of Education. http://www.cde.ca.gov/be/stlss/documentslhealthstandmarOB.pdf
This curriculum needs to have a mental health component.
• With the full support of the district leadership, a formal steering committee
should be created and charged with the responsibility of reviewing, selecting
and implementing available curricula. A health science credential should be a
requirement for anyone teaching the curriculum.
• There also needs to be ongoing evaluation of the effectiveness of mental health
curriculum in the schools. This evaluation needs to occur for the Living Skills
changes made in 2009-10 and for the online course.
• Additional next steps should include an annual review of the American Foundation
for Suicide Prevention (AFSP) film and manual "More Than Sad -suicide
prevention education for teachers and other school personnel. "
E-2 Parent & Community Education
¢'~ttii(~(ty
Parents are a critical component ofthe overall strategy of improving, supporting and
responding to the mental health needs of our community. This includes activities
that strengthen connections within the entire community along with increasing
knowledge about depression, suicide risk and protective factors, skills for responding
to a suicidal individual, and community resources. Additional components of this
overall strategy include increasing help-seeking behavior by decreasing the social
stigma associated with behavioral health care, and increasing suicide prevention
awareness, knowledge, and skills of youth and young adults. The underlying
benefit is the creation of a school and community culture in which all members
accept responsibility for each other's safety and can provide a competent initial
response to those at risk. The hope is that youth and young adults are all able to
help suicidal peers seek professional care.
• A variety of presentations were offered throughout the community by health
organizations, the Palo Alto Council of PTA's Parent Education program, individual
school PTAs and a variety of community collaboratives and partnerships on
~i);j' July 2010 ., '
suicide prevention, depression and social emotional health of youth and teens.
• Suicide Prevention handouts for parents were made available in English and
Spanish (Appendix B).
• Over the past school year, many of the member-groups of PSN collaborated
to offer parent and community education events whose objective is to educate
parents and the community, provide information and create forums for discussion
on topics related to adolescent emotional well-being. There had been a lot
of traction on this objective before the formation of PSN and that good work
continues. Examples include:
• A series of parent education events hosted by the PTA Council and called
"Helping our Kids Thrive" which over the last school year has brought nationally
recognized experts on stress, resiliency and mental health to Palo Alto for parent
and community education. The speakers in this series included Ken Ginsburg,
Cliff Nass and Po Bronson. These events were open to the whole community and
the PTA Council made it possible to have these key speakers available for small
group discussion/learning with the PSN team.
• Palo Alto Unified School District sponsored a visit by nationally recognized
school crisis expert, Marleen Wong, for education of district staff. She was also
available to talk with a group of parents, PSN team members, and she conducted
an evening event for the whole community.
• PSN member-groups came together to offer two community forums (in June and
October 2009) "Breaking the Stigma: Adolescent Depression" and "A View of
youth Stress: Warning Signs and Strategies for Coping and Dealing with Stress
from the Experts."
• PSN created a website www.cityofpaloalto.org/safetynet to help communicate
the many plans, actions and support material related to the suicide prevention
efforts.
• Members of Adolescent Counseling Services (ACS), LPCH, and PAMF continue
to take an active role in public health education about teen depression, coping,
resiliency, and ways to decrease stigma through community events, parent
meetings, radio shows and news articles.
• The City of Palo Alto took the lead in bringing to the community's attention a
program based on the 41 Developmental Assets (Appendix D) and supported
by Project Cornerstone1 • A community education event was held that provided
the momentum throughout the city to bring a 41 Developmental Assets program
1 www.projectcornerstone.org
Project Safety Net (PSN) L~' ,'.1(;]:'
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• Media Guidelines for Reporting on Suicide will be updated to include additional
recommendations for social networking sites. The fact that some of these sites
(i.e. Facebook) are locally based provides PSN members the opportunity to be
proactive and engage in direct problem-solving with these companies.
• Continual follow-up needs to be done with media outlets to ensure awareness of
and adherence to media guidelines. In addition, better communication between
the media and PSN must take place to develop the partnership necessary to best
inform the public and at the same time do no harm. Currently however, there are
no media representatives on the PSN Task Force. Provided careful protocols are
followed, media representation could be of mutual benefit to media groups and
PSN efforts and is a recommended next step.
• This strategy should include a communications plan that includes social
networking, public education campaign and how to provide progress reports. PSN
should proactively engage local media in all public education efforts regarding
suicide prevention -what we know about suicide and what we can do about it as
individuals, as well as through our institutions.
• PSN must also find additional ways to communicate with the public and other
interested groups about what has been accomplished and what remains to
be done. Specific attention needs to be paid to effectively communicating to
members of the public how they can be involved to support prevention efforts.
E-4 Mental Heath Training for Teachers
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Teachers and school staff are on the front line of identifying at-risk youth. Because
our youth spend a large portion of their day with teachers, school staff, coaches
and mentors in the school setting, it is an integral part of any comprehensive mental
health strategy that these adults are given the knowledge and training to identify
and respond to suicide risk and depression in the youth they regularly encounter.
With that training our teachers/staff will gain the confidence to act preemptively
and decisively in a mental health emergency to ensure student safety.
:£~~ji:~di~',,'>,r,·~' "
• District and Gunn High School staff met during summer 2009 to create materials
to help teachers better support students struggling with the recent deaths by
suicide.
i ~;J. July 2010
" '
leaders from the Palo Alto Youth Council, Youth Community Service Fellows,
the YMCA's Youth in Government, and local high schools further organized and
developed each of the 3 sessions to create an open, honest dialogue between
students and adult community leaders in Palo Alto. Each unique session acted
as an important step in creating specific outcomes, Further, the three sessions
of the Palo Alto Youth Forum built relationships between students and adults
that would help ensure future dialogue and action. The following outlines the
structure and intentions of each of the sessions.
• Forum 1 -Teen-led forum. More than 100 teens took over City Hall and had
breakout sessions to discuss and document what they need from or would like
to see in their community and in their schools.
• Forum 2 -Teens reported out to parents, administrators and policy makers
on findings from Forum 1. Breakout sessions were facilitated (by youth) and
encouraged dialogue between students and adults.
• Forum 3 -Parents, administrators and policy makers reported back to teens
on progress they'd been able to make on ideas generated from Forum 2. Once
again breakout sessions were facilitated to create dialogue between students
and adults.
• Significant progress was made in an area that students have been requesting for
years -a later start-time for their school day.
• For the 2010 -2011 school year, Palo Alto High School will adjust its "bell
schedule" to accommodate a consistent later start time and a modified block
schedule. Both changes are considered to be significant stress-reduCing
measures that also aid learning. The longer periods of the block schedule offer
the opportunity for increased teacher-student connection.
• The youth Collaborative and Project Safety Net have committed to future follow-
up on the action items identified at the youth Forum.
• The youth Collaborative has plans to adapt the model of the youth Forum in
the years ahead -to continually capture the ideas and perspectives of Palo Alto
youth while bringing youth and adults together in shared problem-solving and
community action.
• The three sessions of the youth Forum were well attended, drawing over
300 participants. Perhaps most germane to the work of PSN, was the strong
expression by youth that, in times of need or concern, they will only reach out
Project Safety Net (PSN) ~' ': :kci~:
to adults with whom they are familiar. Equally as strong was their clear desire
for improved communication and stronger connections with adults -on their
campuses, in their homes and community. Attendees generated a number of
positive ideas for building closer relationships on school campuses.
• The effectiveness of the Youth Forum will be dependent on a mutual commitment
and accountability among youth and adults to continue to pursue the
recommendations from the 2010 Youth Forum. Fulfillment of recommendations,
when possible, is a desired measure of success. However, PSN recognizes a
sustained process and an improved relationship whereby youth and adults
listen to each other and work together will be the greatest long-term measure
of success. This Outreach method will only be effective if adult leaders follow
through with commitments made to the students. A complete list of ideas and
commitments is available at www.cityofpaloalto.org/teens.
• The most crucial aspect of Youth Outreach is the ability to reach large numbers
of students. At this point the community still needs to work at reaching more
students who are not typically involved.
• Although the Youth Forum enjoyed very positive coverage in the local
newspapers, outreach to student publications and local media in advance of
future efforts would likely increase both student and community awareness of
youth viewpoints.
• While there are many adult advocates for youth, increasing the "youth voice" or
advancing their requests for greater involvement in decision-making and policy
needs to be increased. For example: suggested changes to the bell schedule,
test calendars, community events and new and improved methods for gathering
youth input need to be accelerated for meaningful progress.
• The community needs to find new opportunities to truly listen to youth, engage
them in decision-making and improve our record on follow through in order to
rebuild the trust and the essential connections between youth and adults in Palo
Alto.
• Whenever youth are surveyed, it is recommended that there is an official
commitment by survey administrators to provide results in a timely manner to
students, parents and community. As much as possible, survey results should be
considered as part of any future planning and decision-making.
, : July 2010
P-2 Mental Health Support for Students
Comprehensive mental health support must be available for all students on and
off campus.
Presently, psychologists, school counselors, ACS staff, and K-5 interns, provide
support to students on the campus. Moreover, Individualized Education Plans (lEP)
through 26.5 counseling, and referrals to LPCH and PAMF provide counseling
outside of the school day.
While existing services are tremendously important and go a long way in support
of this strategy additional support is needed to address the myriad of mental health
issues facing students and families.
>~~flc)~~····
The following services have been enhanced over the past year:
• Under the direction of Shashank V. Joshi, MD, a child & adolescent psychiatrist,
the School Mental Health Team (SMHT) has received a substantial increase in
referrals for psychiatric consultation and for ongoing support of students, family
and selected PAUSD staff members, and has provided this support. The SMHT
works with children with a range of impairments, from those with mild emotional
or behavior problems, to students with more severe mental health impairments,
especially those with moderate to severe depression symptoms or suicidal
thinking.
• Immediately following the second suicide in June 2009, LPCH and the Palo
Alto Medical Foundation (PAMF) expanded access within their Psychiatry and
Behavioral Health departments to accommodate the rising number of schoo/-
based and community referrals for Palo Alto youth who were struggling as a
result of the suicides.
• The "3-session referral" for psychological seNices in the Palo Alto community
has been extended. This process is offered at no or low cost to students' families,
and counseling seNices are offered for up to 6 or 9 sessions.
• Teachers were provided with information about ways to support students and how
to refer them for help. Additional numbers of students were referred for support
and met with counselors, school psychologists, and ACS and K-5 interns.
• A suicide specific crisis protocol was developed so that counselors, psychologists
and admin team would know what to do in the event of a crisis.
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• Many parent and community volunteers have been present to support students
in times of crisis.
• Kara coordinated many support groups both on the Gunn campus and at their
offices.
• A special support group, which still meets regularly, was formed for friends of the
Terman graduate who was the third teen to die by suicide.
• At Gunn, ACS facilitated a weekly grief support group from August -December
2009 dealing with the loss of a peer to suicide. This was a group made up of
eight freshmen students, from different social and cultural backgrounds.
• ACS provided students with a business card with the words 'How to Reach Us'
on one side and information for each specific campus regarding ACS locations,
phone numbers, website and National Suicide Hotline and a description of the
ACS On-Campus Counseling Program on the other.
• ACS expanded their after school low fee, sliding scale and Counseling Program
(ASCP) located in the Cubberley Community Center. This is available for summer
as well.
NexfSfeps
• All of the mental health support services presently available to students need
to continue. School District funding must be made available to sustain these
efforts.
• PAUSD staff should review data regarding present services and determine any
additional services needed (including the number of PAUSD counselors on
school campuses).
• Each secondary school needs to keep a database of all students receiving
support and review this information at the School Districts Human Services Team
meetings in order to make sure that all needs are addressed. This database will
include information about support that students are receiving and allow staff to
refer students for additional support when necessary.
• To increase the likelihood that stUdents will reach out in times of need, counselors
and other mental health support staff need to be more visible, familiar and directly
involved with students and campus life.
, July 2010
• A multi-agency subcommittee of Project Safety Net, the Palo Alto Developmental
Asset Initiative, has formed to bring a greater awareness and understanding of
developmental assets in the community. The initial goal of the committee is to
create a community where evelY adult is an asset builder.
• Two strategies are currently being used to move towards this goal.
• First, the sub-committee is working with Project Safety Net to define involvement
from the PAUSD and the City. Second, the group is being trained to speak about
developmental assets throughout the community.
• PAUSD has elected to employ the Developmental Assets Survey. The survey will
be given the end of September or early October 2010 to 4th, 5th, 7th, 9th and 11th
grade students throughout the District.
• The Palo Alto Children's Theatre began a Teen Arts Council during the 2009-10
school year. The Teen Arts Council is dedicated to giving students a voice through
all forms of creative self-expression and provides leadership and community
service opportunities for high-school teens. The Teen Arts Council is comprised
of 20 passionate students who are committed to promoting the well-being of
youth through the arts with the guidance and support of the City's Community
Services Department.
Next$teps
• A PAUSD district representative must be identified to support and further the
efforts regarding Project Cornerstone. Each school must have a point person
who will help develop a plan for marketing and supporting the efforts.
• A working relationship with the PTA to both help give the survey and implement
activities focused on continuing the asset model throughout the year.
• A City elected representative should be identified to bring high level visibility to
the initiative and drive implementation.
• A plan must be created by the subcommittee to bring about the general community
awareness and policy changes necessalY to weave the developmental assets
permanently into the fabric of our community.
P-4 Reduction of Lethal Means to Self Harm
A tremendous amount of empirical evidence exists to support strategies to reduce
lethal means to self-harm when attempting to stem a suicide contagion. Due to the
, July 2010
high level of impulsivity involved with suicide and the lack of impulse control inherent
to the teenage years, means restriction to self-harm is absolutely necessary and
a paramount strategy. Studies have shown that 70% of those aged 13 to 34 who
attempt suicide set the interval between deciding to kill themselves and acting at
less than an hour. After consultation with national experts and local agencies a
series of steps were taken to reduce access to the specific location involved in this
crisis.
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Experts informed the group that in addition to adding barriers to access at a
location, it was also critically important to change the physical nature of the specific
location. It was important that the site become different in look and feel than it
previously was to end any romanticization it experienced during the cluster. Given
this information the efforts in this strategy were organized into four areas:
1) Security Personnel
Beginning in November 2009, the Palo Alto Police Department retained
private security firms to be on site 7 days a week for the hours the Caltrain
passenger line operated. The original objective was to continue this staffing
through the end of the current school year. The current objective is to
continue the security presence at a reduced level through December 31,
2010. In addition, the Police Department will continue to provide increased
patrols by officers along the rail line.
The City accepted donations to offset the costs for this contracted security
effort. To date, the community has contributed over $75,000 and fully
funded the cost of having the security personnel present from November
2009 through June 2010. Donations received beyond that amount will be
used to fund the effort through December 2010. The remaining funding will
come from the City Police Department's budget which was approved by City
Council in June 2010.
Prior to the Police Department utilizing a security firm, a dedicated group
of volunteers in support of this strategy began to maintain a presence at
key crossings along the train tracks. This effort came to be known as Track
Watch and continues to supplement the work of private security guards.
The City has supported the Track Watch volunteers through providing 1)
training on procedures and safety (in cooperation with Caltrain and San
Mateo County Sheriff Transit Bureau) and 2) equipment such as reflective
safety vests.
After December 31,2010, any presence at the crossings in Palo Alto will be
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provided by the Track Watch volunteers. The City is currently working with
this group to support them through the transition.
2) Lighting
The City of Palo Alto Utilities increased the wattage of pre-existing street
lighting in the area and installed new light fixtures to further illuminate the
area during the evening.
3) Vegetation Removal
City of Palo Alto Public Works crews cleared 100 ft of vegetation in either
direction of the crossing on the east side of Alma street. This significantly
increased visibility at the crossing. In addition, Caltrain cleared and
removed significant amounts of vegetation within the rail line right of way.
This established a clear line of sight north and south of the crossing within
the rig ht of way.
4) Fencing
Caltrain, in conjunction with the City, performed a thorough safety inspection
ofthe area surrounding the East Meadow train crossing.As a result significant
fencing improvements were made within the right of way to restrict access.
NexfSteps
• Given the suicide cluster that was the genesis of Project Safety Net, the efforts
of the group were focused specifically on the train tracks and the individual
crossings. These are not, however, the only lethal means of self-harm available
in a community or along the rail line. While the area around the East Meadow
crossing is more secure and has a physically different appearance, it by no
means should serve as a symbol that prevention efforts are complete. At best, it
is hoped that these collective efforts have effectively stemmed the suicide cluster
at this location only. Specific next steps should include:
• Energize Palo Altans and the nearby communities to restrict youth access to
means of suicide by educating them about such vital issues as:
• The link between lethal means and completed suicide
• The importance of removing lethal means (firearms, pOisons, medications,
alcohol, etc.) from homes with a youth at high risk of suicidal behavior
• The importance of reducing access to train tracks
July 2010
P-5 Crisis Manual and Safety Plan
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For effective crisis management there needs to be formal processes in place such
as 24-hour local, state, and national crisis hotlines, trained, responsive, school and
community crisis response teams (CRT) to help minimize the likelihood of suicide
contagion in schools. Quick and appropriate response from crisis workers is also
needed to minimize the negative impact of a suicide in a community.
There needs to be a greater emphasis on postvention services. This strategy
should be expanded to include crisis services that include a plan, support services
for families and peers, anniversary date handling, follow-up with prior attempters,
etc. There must be a crisis response team in the district and at each site with each
person knowing their role in advance and thus making them ready to respond
instantly to the threat, attempt or completion of suicide.
A comprehensive crisis protocol is absolutely necessary to limit the negative
effects of a crisis and increase the chance of positive outcomes for those involved.
In the case of suicide prevention and mental health, such a plan should include
procedures for addressing students who try to harm themselves as well as those
who are contemplating it. The protocol should also provide guidance for the role
of individual teachers and school mental health professionals in identifying and
responding to potential suicidal or violent behavior in students, and how to respond
when actual violence takes place.
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PAUSD in conjunction with HEARD, created a Suicide Crisis Intervention Toolkit to
be used by administrators, school psychologists and counselors, in addition to the
PAUSD's District Crisis Manual. The "Suicide Crisis Intervention Toolkit" includes:
• Crisis Protocol for Suicidal Youth
• Brief Suicide Risk Assessment
• Safety Plan
• Parent Notification & Release (Suicidal Student)
• Safety PlanlMedical Release, Referral and Follow-Up Form
• Handouts:
• Intervening with Suicidal Youth -Guidelines for Crisis Teams
• Tips for Teachers
• Suicide Prevention General Guidelines for Parents (Secondary)
• Suicide Prevention General Guidelines for Parents (Elementary)
• Yearly training for all District staff on the crisis plans in order to make sure that
staff is ready for support.
• Specific training for new District staff each year.
• A routine system to review all protocols regularly.
• The District's Crisis Manual should include the Suicide Toolkit in order to be sure
that it is available for future staff and is not lost as new staff are hired.
P-6 Accessible Resources on Suicide Prevention and Depression
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Provide a comprehensive set of resources available to all members of the community
and School District regarding depression and ways to manage depression and
prevent suicide. This set of resources should include information for community
members, parents and students and should be accessible to all members of the
community, in a user-friendly version, and in a variety of forms.
F8.etitJ~s.'
• A set of accessible resources on suicide prevention and depression including
vetted educational material, copies of community presentations, resource lists
including suicide prevention help lines, etc. have been compiled and are now
readily available via the web sites of Palo Alto schools, PTA, PSN, and those of
their member organizations, etc.
• In addition, LPCHIStanford and PAMF responded to the initial suicide crises by
making it possible for any student experiencing distress related to the suicides at
Gunn High School to be seen and supported by their organizations' Behavioral
Health professionals (regardless of insurance or ability to pay). Stanford Medical
Center also funded the HEARD Alliance effort to identify qualified community
behavioral health professionals who are available to provide care for identified
PAUSD students in need of mental health support. Within these health organizations,
there have been numerous internal efforts to improve patient education and
access, medical training for Primary Care Physicians, and improved screening
and treatment protocols for adolescent mental health concerns.
• Local schools and health care providers are working to improve communication
" "'b'" -, "'I ~;,Y(r~~;~ " July 2010 ~~ \\: ')\' ,J
Nationwide concern has been focused on ways to develop safe environments for
students. This includes a reduction of bullying and harassment. The creation and
implementation of inclusive anti-harassment school policies, staff training, and
school curricula is critical in keeping schools safe and teaching students how to
interact with each other in appropriate and caring way.
<~~~~Q~~~"~>.';;'i:Z" .. , ..... :<~ :"
• PAUSD schools employ a variety of programs related to social-emotional health
and bullying prevention. During the 2009-2010, efforts have been underway
to enhance their use and to explore other programs that might be even more
suitable. Not every school utilizes the same programs. The following programs
are used at schools in the district:
• At the elementary level, these include 6 Seconds, Character Education, Peaceful
Playgrounds, Talk It Out, Second Steps, Steps to Respect, Tools of the Heart and
Life Skills.
• At the secondary level, these include Second Step, Social Climate committees,
a sixth grade elective program that includes discussion of bullying and social
cruelty, Character Education taught through a monthly video, lessons for
student, discussions with staff about how to discourage mean or bullying types
of behaviors, specific lesson on social kindness, and Living Skills.
• Palo Alto Reality Check (PARCS) survey was conducted at all 5 secondary
schools and provides significant data on the incidence, types of bullying, and
includes student attitudes and perceptions as well.
• The California Healthy Kids (CHKS) administered to students in grades 5, 7,
9 and 11 provides information from students regarding bullying, harassment,
school safety and feelings of support at school.
• Review the use of programs at individual schools and make sure they are being
correctly and regularly implemented.
• Continue to make use of or increase the utilization of available programs focused
on the reduction of social cruelty.
• Evaluate the effectiveness of such programs (using CHKS, PARCS, Project
Cornerstone and other survey tools).
• Provide teachers with ongoing training in the effective use of these anti-bullying
programs.
• Examine campus policies and practices to determine how they impact bullying,
harassment and social cruelty.
• Implement a comprehensive K-12 health education curriculum that includes
components related to bullying, harassment, and other social-emotional issues.
P-8 Supportive School Environment
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In recent years, there has been growing concern over the degree of stress and
distress within Palo Alto's teen population. In 2001, PAUSD created a community-
based committee, SHARE (Student Health Awareness through Resources and
Education), to investigate and respond to ever-increasing numbers of students
with diagnoses of depression and anxiety. At around the same time, Stanford's
Vaden Health Center and experts within Stanford's School of Education were
investigating this same phenomenon. In 2004, a program was created to provide
educational science and professional support to local high schools seeking to
reduce stress and academic pressure and improve learning among their stUdents.
It was first called "SOS" for Stressed Out Students and is now known as Challenge
Success. Palo Alto and Gunn High Schools have had some participation with this
program over the last few years.
These efforts support the belief that all elements of the educational system,
including core principles, curriculum, policies, training, strategic plans, hiring and
other practices must align in the development of a supportive school environment.
At the core of this strategy is an expanded definition of success within the schools
and community that embodies an appreciation of a variety of aptitudes and avenues
that define "success" for youth and a structure that supports this message.
• Gunn High School re-engaged with Challenge Success in the 2009-2010 school
year and conducted the Challenge Success survey this year (albeit with only a
few hundred of its students). A Gunn High School team of students, staff and
parents attended the Challenge Success conference in the Fall of 2009.
• Palo Alto High School (PAHS) recently approved a consistent later start time for
students as well as a modified Block schedule for 2010-11. As a result PAHS
students will enjoy a few more minutes of sleep each day and the new block
scheduling will reduce the number of classes, tests and assignments due to no
more than three or four on any given day. Longer classes also allow for more
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all community members.
• PAUSD adopted a suicide prevention policy in May 2010 (Appendix E)
Adopt a City of Palo Alto suicide prevention policy (A draft City Policy can be see in
Appendix F) and procedures to complement the similar action by PAUSD. (Through
Santa Clara County's suicide prevention work, all 15 SCC cities will be requested
to adopt a suicide prevention policy).
• Policy and accompanying procedures recommended to include:
• Continued support for PSN, or a similar organization, that identifies and
implements tangible and achievable suicide prevention actions
• Provide web-based and non-web-based information on suicide prevention
• Promote planning, implementing, and evaluating strategies for suicide
prevention, intervention, and postvention and encourage mental health care
• Establish a crisis intervention plan to respond to a suicide or suicide attempt,
including a communications plan
• Provide all staff members with this policy and procedures
• Key city staff members receive gatekeeper training and measure and monitor its
effectiveness
• Determine a funding source for PSN work
1-2 Screening, Identification and Referral of At-Risk Youth
The risk factors for suicide are both identifiable and treatable. Screening youth for
suicide and mental illness is therefore vital to identifying those in need of further
evaluation and intervention.
Screen youth and young adults for suicide risk and refer identified individuals for
further evaluation and intervention.
interact with one another about the events of the past 12 months. Perhaps more
importantly, in both forums, classmates of the students who died by suicide can
begin to focus on the future .
. Ne)(tSteps
• Continue to provide and create new opportunities for students to support each
other both formally and informally through organized meetings, clubs and
systems.
• Educate students on the signs and symptoms of depression and suicide, and
empower them to feel comfortable seeking help for themselves and/or their
friends.
1-4 SurveyslAssessment of Risk
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Provide ongoing evaluation of patterns of need for student support and identify
students who require additional support services.
Actions
• There were two formal assessments of student health risk behaviors employed
in the PAUSD in the 2009-2010 school year: the California Healthy Kids Survey
(CHKS) and the Palo Alto Reality Check Survey (PARCS). The state of California
requires that the CHKS be conducted on a biennial basis to 5th, 7th, 9th and 11th
grade students (most recently conducted in Fall 2007 and Winter 2010). PAUSD
employs the Core module of the CHKS which examines behaviors and attitudes
related to substance use, school connectedness, as well as violence, safety and
harassment. The Core also includes a single question that serves as a screening
question for depression.
• With regard to suicide ideation and attempts, this year's 2010 CHKS Core
module included a single question, "In the past 12 months, have you ever
seriously considered attempting suicide"? In previous years the Core module
did not include any questions related to suicide. But after two students at Palo
Alto High School died by suicide (Churchill train crossing -Oct. '02 and Nov.
'03), many in the community were concerned and asked to have questions on
suicide ideation, planning and actual attempts included in the CHKS. In the Fall
2007 CHKS, PAUSD added three questions on suicide to the Core module. The
• < July 2010
Winter 2010 CHKS presented another opportunity to include these same suicide
questions and compare results to the '07 baseline. However, the District chose
not to include the additional suicide questions with this year's CHKS.
• The Palo Alto Reality Check Survey (PARCS) is a locally-created, annual survey
of all PAUSD secondary students that focuses on substance use and related
risk behaviors and perceptions and includes an in-depth section on bullying for
middle school students. The PARCS survey was conducted in October 2008 and
2009. Although no questions on suicide were included in this survey, the survey
did include a number of questions that provide insight into students' attitudes
and feelings about adults on campus, asking for help, feelings of connectedness
and a number of questions directly tied to the 41 Developmental Assets.
• ACS support services include one-on-one therapy with students, family and group
counseling, and immediate intervention during crisis situations that may arise
on campus. When a teen is first seen by an ACS counselor, a risk assessment
is done, based on information (verbal or written) in their referral and what the
student presents and reports with the counselor. Depression surveys, discussion
of coping skills, and family history are all addressed when a student meets with
an ACS counselor.
• When a suicide cluster was identified, consideration was given to doing a formal
study (typically called a ''psychological autopsy') of the deaths. The purpose
of the study is to try to learn as much as possible about what prompted these
students to die by suicide in the hope that what is learned will guide efforts to
reduce the risk of future suicides.
• With the aid and advice of several experts in psychological autopsies, most
notably Dr. Madelyn Gould of Columbia University, Dr. David Clark from Medical
College of Wisconsin and Dr. Alan Berman of the American Association of
Suicidology (AAS), a plan for the study has been developed. Erica Weitz from
LPCH/Stanford has been trained by AAS in the protocol that they use, and she will
be responsible for dOing the interviews and writing up the results, with assistance
from AAS. The study has been adapted for use in teens, and will be done under
the auspices of the Stanford Division of Child & Adolescent Psychiatry, with Dr.
Shashank Joshi as the Lead Investigator, as part of an IRB (Institutional Review
Board) protocol, and we are close to receiving final approval from them.
• It is up to the individual families to decide whether to participate. Initial
conversations have taken place with several of them, and they have indicated
they are likely to participate. Once IRB approval is received, a formal agreement
will be developed with families and the interview process will start. Family
members, peers, teachers and others who may be able to contribute relevant
Project Safety Net (PSN) t;,: :,~ ~iJi
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information will be interviewed. The results of the study will be contained in a
series of reports, one for each family and one for the study as a whole.
• The Project Cornerstone Survey of Developmental Assets will be conducted in
PAUSD in the Fall of 2010.
• It is yet to be determined whether the PARCS survey will be offered next year or
be conducted on a biennial basis (Fall 2011).
• It is critical that data from these surveys is shared as soon as possible with the
community -with special commitment to sharing with students in particular-
and that this very important data be used to inform the direction of education,
prevention and intervention strategies.
• Complete the psychological autopsy study, prepare and share the reports within
a predefined confidentiality agreement and understanding of the families who
lost a child by suicide. If applicable modify prevention efforts based on study
findings.
1-5 Gatekeeper Programs
·$trategy
Establish a network of adults and youth in every community who can recognize
and respond to youth exhibiting signs of suicide risk and can assist them in getting
professional help.
While broad-based screening programs help identify at-risk youth who might
otherwise escape detection, PSN also recognizes that gatekeeper programs play
a crucial role in providing continuous vigilance by ensuring that people who have
regular contact with youth are trained to recognize warning signs of risk and to
appropriately intervene. Gatekeeper programs help train front-line professionals
and community members-such as teachers, school staff, parents, and community
program personnel-to:
1. Recognize behavioral patterns and other warning signs that indicate that a
young person may be at risk of suicide.
2. Actively intervene by talking with the young person in ways that explore the
level of risk without increasing it.
3. Ensure that young people at risk receive the necessary services (How Schools
Can Prevent Suicide, 2006, National Center for Mental Health Promotion and
'" July 2010
Youth Violence Prevention).
• "Question, Persuade, Refer (QPR)" program training given to all school
psychologists and guidance counselors.
• Santa Clara County Office of Education committed to providing QPR Training
for Trainers. PAUSD has committed to send a number of individuals to become
trainers so that ongoing training of District personnel is assured.
• All City staff in the City Community Services Department that work with teens
have been trained in QPR. The QPR training will become an ongoing training
within the Department.
1!~~~tFp#fF~~L:i/ .
• Provide QPR training to all teachers, administrators and classified staff within
PAUSD within the first quarter of the school year; 2010-2011.
• Provide QPR training to City Parks and Recreation staff and the staff of all youth-
serving organizations that come in regular contact with community youth.
1-6 Affordable and Expanded Mental Health Care
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Improve access to affordable behavioral health care for youth and young adults by:
• Providing information and services (education, screening, treatment, consultation)
to youth in places where they gather (schools, youth centers, events, youth-
serving agencies, churches, athletics, shopping malls, etc.)
• Increasing the number of school-based health centers that provide behavioral
health services
• Improving linkages and collaborative relationships between schools and
community providers of behavioral health services
• Advocating for low-cost or no-cost services and more behavioral health treatment
insurance coverage
In the Summer of 2009, following the second suicide in June, the HEARD Alliance
was formed (HEARD). This is a voluntary group of about 35 community agencies
whose representatives have been meeting to foster collaboration among primary
. .
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care, mental health and educational professionals in order to enhance the
community's ability to respond to adolescent depression. The group includes Dr.
Frances Wren and Dr. Shashank Joshi from LPCH (LPCH), Becky Beacom, and
Drs. Meg Durbin and Amy Heneghan from PAMF (PAMF), Wes Cedros, Carol
Zepecki, and Linda Lenoir from PAUSD, and representatives from other local
School Districts and CBO's in the area. The current focus is on increasing the
number of clinical slots in those community agencies willing to take on clients on
a sliding scale or no-fee basis. The HEARD coordinator, Erica Weitz, will link the
available patient slots with those kids and families identified to be at-risk.
~1l~Jft;;§i~p~~::"/~,,?j, .
• Continue the coordination efforts with other agencies and medical facilities in the
community in order to meet the psychological counseling needs of students and
parents.
1-7 Crisis hotline
Crisis Hot Lines are an important component of a comprehensive community plan
to decrease death by suicide. PSN reviewed evidence that showed hotlines:
1. Are preferred by youth over mental health centers, especially if they are known
to cater to youth and provide peer counselors.
2. Provide a service for individuals troubled by suicidal ideation.
3. Succeed in attracting populations they are designed to help.
4. Are associated with decreases in suicide rates among white females under 25,
the most frequent users of hotline services.
5. Reach otherwise underserved populations in the community. However, the
impact of crisis hotlines may be improved if enhanced by appropriate advertising
and if hotline personnel are trained in how to respond more speCifically to callers
regardless of the caller's problems.
• PSN has published a comprehensive list of local and national crisis hotlines on
the PSN website: www.cityofpaloalto.org/Safetynet.
• Crisis hotlines are made prominently available throughout the community.
• Identify the number of crisis hotlines, number of calls received from youth aged
10 to 24, the nature of hotline calls, and gaps and coordination issues in the local
service area.
• Develop a plan to track calls to collect data as an aid to monitoring effectiveness.
• Develop and implement strategies for making crisis hotlines more user friendly to
youth.
• Use a variety of media to publicize availability of crisis lines and crisis services to
community members, families, and youth, especially youth at high suicide risk.
• Monitor, evaluate and improve standards for crisis line services.
• Request data on youth crisis situations with local services (SA CS, 911 call center,
local emergency rooms, etc.) for analysis and action.
• Provide Santa Clara County Mental Health Department with input to make suicide
prevention hot/ine services more available and user friendly.
1-8 Support for Highest Risk Youth
Improve emergency room and after-care services for youth suicide attempters and
their families by:
• Training emergency room staff in the use of a protocol to increase treatment
adherence
• Providing follow-up after-care for youth and their families
• Lucile Packard Children's HospitaVStanford Medical Center and Palo Alto Medical
Foundation opened access to their Behavioral Health specialists, for any student
experiencing distress related to the recent deaths from Gunn High School.
• The School District has instituted both formal support such as QPR and staff
education on crisis protocols, and informal methods such as increased vigilance
by staff and peers in order to identify high risk students for further intervention.
• The community has also been able to use the HEARD alliance coordinator as
a referral clearing house during the current crisis, particularly in cases where
mental health care has been hard to access due to long agency waitlists or
Project Safety Net (PSN) i' , ,:if1j;
> '" ~~, >'~ 9:
inadequate insurance coverage.
• PAUSD and PAMF developed a form that allows parents, schools and health
care providers to communicate and coordinated their support for students post-
hospitalization or currently under treatment.
NextSteps
• Possible application for additional funding through the City of Palo Alto Human
Services Resource Allocation Program (HSRAP), County of Santa Clara, U.S.
Department of Education, American Foundation for Suicide Prevention) and or
PAUSD for support of a half-time High Risk Case Manager to act as the clearing
house for the high risk youth referrals as screening expands to include more
secondary students in the area.
• Develop and supply resource materials to local Emergency Rooms -specifically
designed to help families whose children have received Emergency Room care
or treatment related to depression or suicide.
1-9 Grief Counseling for Those Impacted by Suicide
Strategy
Foster the development of bereavement support groups for youth and adult
survivors of suicide (those who have lost someone by suicide).
Actions
• The impact of the suicides has been felt by everyone in the community, not just
the family and friends of the students who died. In addition to great sadness at
the loss of five young lives, many people felt afraid. Is there going to be another
suicide? Is my child at risk? Some people felt guilty. Should I have seen warning
signs? Was there something I could or should have done? Some people felt
angry. How can this be happening? They often looked for someone or something
to blame.
• Some individuals and families actively sought grief support and mental health
counseling on their own. That support was provided by existing counseling
agencies, including Kara, ACS, PAMF, LPCH, Community Health Awareness
Council (CHAC), and many others, and by private therapists. Many people
received support through the faith community. For some a combination of
offerings from many resources proved helpful.
• Additional support was provided onsite, most extensively at Gunn High School,
, "' July 2010
issues.
• Improving communication between primary care and mental health providers,
both within or across different institutions.
• Local schools and health care providers are working to improve communication
about students with mental health needs.
• An official form has been created that allows school representatives, parent and
health care providers to communicate and coordinate the necessary support for
students returning from hospitalization or who are currently under treatment.
• Coordinate efforts to support local School Districts.
• Strengthen the ability of local primary care providers to identify and respond to
adolescent depression.
• Address barriers to timely access to an appropriate level of mental health care for
affected teenagers through the Mental Health systems.
• Pool knowledge and skills to provide educational and information resources
for families, teens, primary care providers and school staff through community
education.
• Continue and strengthen the collaboration currently enjoyed among schools,
community and local health care organizations by ensuring the sustainability of
the Project Safety Net structure and leadership.
Conclusion
The members of the PSN Community Task Force have defined 22 specific strategies,
actions and recommended next steps in the body of this report. Some of the
recommendations are specific to the City, School District or youth-serving organizations
while others are specific to parents, teens and the general community.
The PSN Community Task Force shares a sense of urgency with the entire community
and we are resolute in continuing to support youth and teens and their social emotional
health. The City of Palo Alto, School District, parent, teen, medical, mental health and
faith communities along with many youth-serving non-profits who make up the PSN
Community Task Force, are steadfast in our commitment and hope of a sustainable
coalition focused on a supportive community environment for our youth and teens.
Everyone must playa role to look out after one another, and we must remain vigilant
in our commitment to help those in distress find the support they need. Teens must be
encouraged to talk to their parents or a caring adult when a friend or they themselves
are in distress. All adults need to watch for warning signs in teens, whether in their own
children or a friend's child. We must urge all teens to be caring and alert to what their
peers, friends and siblings are saying or doing, so they can seek help if mental health
concerns are recognized.
The Palo Alto community has come together in an extraordinary way during the 2009-
10 school year as evidenced in this report. A great deal of work from all segments of our
community have contributed to shape this plan of action, of which much progress has
been made.
However, the PSN Community Task Force must also continue to ask how effective are
the community efforts, what gaps remain and how does our community best overcome
those gaps, in spite of diminishing resources.
At the May 13 and June 11, 2010 PSN meetings the following questions were asked of
the PSN Community Task Force: (For a complete list of responses see Appendix G):
QUESTION 1:
What has been positive, encouraging and effective this past year?
QUESTION 2:
What are our greatest gaps? (or holes in the safety net)
Project Safety Net (PSN) I' ; :'f,1:
01' ~ "~"
QUESTION 3:
Where would you like to see us go from here?
QUESTION 4:
How do you see us getting there?
Below is a list of Priority Next Steps that are the result of the responses to the above
questions by the PSN Community Task Force. Moreover, the Priority Next Steps draw
from the 22 strategies described in this report, and are a result of a year of learning,
planning and implementing a community response to the tragic and complex public health
crisis that has impacted our community.
The recommendations in this report and the Priority Next Steps described below are
the best collective thinking of the PSN Community Task Force, which is made up of a
broad cross section of community members, national experts on suicide prevention,
physicians and mental health professionals from Lucile Packard Children's Hospital, Palo
Alto Medical Foundation and Adolescent Counseling Services, Palo Alto parents, the teen
community and youth-serving non-profits.
It is the collective recommendation and hope of the PSN Community Task Force that the
recommendations below and in the body of this report be implemented.
Priority Next Steps
1. Create an effective and sustainable structure for PSN that maximizes the
tremendous resources in the Palo Alto community for the planning and
implementation of effective strategies for "Youth Well-Being."
• Assign a senior level position in PAUSD and the City to support the implementation
of PSN strategies.
• Apply for grant funding to complement the $50,000 SERV grant awarded for the
PSN efforts in April 2010.
• Identify a PSN coordinator to further develop PSN strategies and the
implementation plan.
2. Implement the 41 Developmental Assets and philosophy in the School District,
city, and community agencies for a common vision and language for youth and
teen well-being.
3. Train all School District staff and youth-serving agencies to be Gatekeepers
using Question, Persuade, Refer (QPR) or related program.
4. Adopt a comprehensive K-12 health education curriculum that includes a
strong social-emotional, mental health component as described in the "Health
Education Content Standards for California Public Schools" of the California
Department of Education.
5. Develop a secondary school system of trained peer "counselors" and provide
facilitated peer support groups which have careful faculty oversight.
6. Continue an ongoing educational campaign and complementary strategies to
reduce the stigma around mental health and specifically, mental illness.
7. Develop a systematic feedback loop from students to adults about their needs.
• Consider San Mateo County Youth Bill of Rights as a model.
8. Reduce the lethal means of self-harm by supporting Track-Watch for the 2010-
11 school year.
9. Complete the analysis of student deaths by suicide and suicide attempts to
better inform prevention strategies.
10. Identify district and community personnel who will be effective spokespersons
for their organization and the health and well ness of youth and teens.
11. Implement an effective district-wide program to educate, identify and respond
to bullying on each school site.
12. Enhance counseling opportunities through existing systems and extend
utilization of low-cost or volunteer mental health professional services in the
community.
13. Expand the PSN Website to provide information to the community regarding
school student support efforts and resources available to parents and students.
14. Gather data to track depression and suicide ideation and attempts among the
student population. Consider the inclusion of previous California Healthy Kids
Survey questions that relate to depressive symptoms and suicidal thoughts.
15. Develop a comprehensive crisis protocol to limit the negative effects of a
crisis and increase the chance of positive outcomes for those involved. Such
a plan should include procedures for addressing students who try to harm
themselves as well as those who are contemplating it. The protocol should
also provide guidance for the role of individual teachers and school mental
health professionals in identifying and responding to potential suicidal or violent
behavior in students, and how to respond when actual violence takes place.
Project Safety Net (PSN) ! /i~*;
t v ~",~"tO ~
16. Provide better, advanced education for parents who experience a mental health
crisis in their family, so that they know what resources are available to support
them and their children during and after a crisis.
17. Engage youth in community service activities that promote increased awareness
of the needs of their community and the development of individual community
service, self-efficacy and positive emotional and behavioral health.
Appendices
Appendix A: PSN Action Matrix
Appendix B: General Guidelines for Parents on Suicide Prevention
Appendix C: Media Reporting Guidelines
Appendix D: Summary of the 41 Developmental Assets
Appendix E: PAUSD Suicide Prevention Policy
Appendix F: Draft City of Palo Alto Suicide Prevention Policy
Appendix G: PSN Survey Results Year in Review (Raw Data)
Appendix H: Partial List of Resources Utilized by the
PSN Community Task Force
Project Safety Net (PSN) i Cc J:}
~ , , ,
'~," 'I :::JiiJ, ,',: '1 July 2010
~ , I
PALO ALTO UNIFIED SCHOL DISTRICT
STUDENT HEALTH AND HUMAN SERVICES
School Mental Health
Suicide Prevention Services
General Guidelines for Parents (Elementary)
Youth Suicide in the United States*
AppendixB
• Suicide is the third leading cause of death for youth aged 10-24 in the United States.
• In recent years more young people have died from suicide than from cancer, heart
disease, HIV/AIDS, congenital birth defects, and diabetes combined.
• For every young person who dies by suicide, between 100-200 attempt suicide.
• Males are four times as likely to die by suicide as females -although females attempt
suicide three times as often as males.
SUICIDE IS PREVENTABLE.
Here's what you can do:
• Talk to your child about suicide. Don't be afraid; you will not be "putting ideas into
their heads." Asking for help is the single skill that will protect your student. Help
your child to identify and connect to caring adults to talk to when they need
guidance and support.
• Know the risk factors and warning signs of suicide.
• Remain calm. Establish a safe environment to talk about suicide.
• Listen to your child's feelings. Don't minimize what your child says about what is
upsetting him or her. Put yourself in your child's place; don't attempt to provide
simple solutions.
• Be honest. If you are concerned, do not pretend that the problem is minor. Tell the
child that there are people who tan help. State that you will be with him or her to
provide comfort and love.
• Be supportive. Children look for help and support from parents, older brothers and
sisters. Talk about ways of dealing with problems and reassure your child that you
care. Let children know that their bad feelings will not last forever.
• Take action. It is crucial to get professional help for your child and the entire family.
When you are close to a situation it is often hard to see it clearly. You may not be
able to solve the problem yourself.
o Help may be found at a suicide prevention center, local mental health agency, family
service agency or through your clergy.
o Become familiar with the support services at your child's school. Contact the
appropriate person(s) at the school, for example, the school social worker, school
psychologist, school counselor, or school nurse.
SUICIDE AND CRISIS SERVICES (S.A.C.S.)
408-279-3312 (Main 24-hour number)
650-494-8420 (North Santa Clara County)
408-885-3630 (Fax)
NATIONAL RESOURCE
800.273.TALK (8255)
National Suicide Prevention Lifeline
Project Safety Net (PSN) j' ;~':;;Ji;
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PALO ALTO UNIFIED SCHOOL DISTRICT
STUDENT HEALTH AND HUMAN SERVICES
School Mental Health
Suicide Prevention Services
General Guidelines for Parents (Secondary)
AppendixB
Youth Suicide in the United States*
• Suicide is the third leading cause of death for youth aged 10-24 in the United States.
• In recent years more young people have died from suicide than from cancer, heart
disease, HIV/AIDS, congenital birth defects, and diabetes combined.
• For every young person who dies by suicide, between 100-200 attempt suicide.
• Males are four times as likely to die by suicide as females -although females attempt
suicide three times as often as males.
SUICIDE IS PREVENTABLE.
Here's what you can do:
• Talk to your child about suicide. Don't be afraid; you will not be "putting ideas into
their heads." Asking for help is the single skill that will protect your child. Help
them to identify and connect to caring adults to talk to when they need guidance
and support.
• Know the risk factors and warning signs of suicide.
• Remain calm. Establish a safe environment to talk about suicide.
• Listen without judging. Allow for the discussion of experiences, thoughts, and
feelings. Be prepared for expression of intense feelings. Try to understand the
reasons for considering suicide without taking a position about whether or not such
behavior is justified. Ask open-ended questions.
• Supervise constantly. Do not leave your child alone.
• Ask if your child has a plan to kill themselves, and if so, remove means. As long as it
does not put the caregiver in danger, attempt to remove the suicide means such as a
firearm, knife or pills.
• Take action. It is crucial to get professional help for your child and the entire family.
When you are close to a situation it is often hard to see it clearly. You may not be
able to solve the problem yourself.
o Help may be found at a suicide prevention center, local mental health agency, family
service agency or through your clergy.
o Become familiar with the support services at your child's school. Contact the
appropriate person(s) at the school, for example, the school social worker, school
psychologist, school counselor, or school nurse.
SUICIDE AND CRISIS SERVICES (S.A.C.S.)
408·279·3312
NATIONAL RESOURCE
SOO.273.TALK (S255)
National Suicide Prevention Lifeline 650-494-8420
408·885·3630
Project Safety Net (PSN) ~ , ,':};Y
«;~~.", r~
AppendixB
PALO ALTO UNIFIED SCHOOL DISTRICT
STUDENT HEALTH AND HUMAN SERVICES
School Mental Health
Suicide Prevention Services
General Guidelines for Parents (Secondary)
Youth Suicide Risk Factors
While the path that leads to suicidal behavior is long and complex and there is no "profile" that
predicts suicidal behavior with certainty, there are certain risk factors associated with increased
suicide risk. In isolation, these factors are not signs of suicidal thinking. However, when
present they signal the need to be vigilant for the warning signs of suicide. Specifically, these
risk factors include the following:
• History of depression, mental illness or • Family history of suicide or suicide in
substance/alcohol abuse disorders community
• Presence of a firearm or rope • Hopelessness
• Isolation or lack of social support • Impulsivity
• Situational crises • Incarceration
Suicide Warning Signs
Warning signs are observable behaviors that may signal the presence of suicidal thinking. They
might be considered "cries for help" or "invitations to intervene." These warning signs signal
the need to inquire directly about whether the individual has thoughts of suicide. If such
thinking is acknowledged, then suicide interventions will be required. Warning signs include
the following:
• Suicide threats. It has been estimated that up to 80% of all suicide victims have given
some clues regarding their intentions. Both direct ("I want to kill myself') and indirect ("I
wish I could fall asleep and never wake up") threats need to be taken seriously.
• Suicide notes and plans. The presence of a suicide note is a very significant sign of
danger. The greater the planning revealed by the youth, the greater the risk of suicidal
behavior.
• Prior suicidal behavior. Prior behavior is a powerful predictor offuture behavior. Thus
anyone with a history of suicidal behavior should be carefully observed for future suicidal
behavior.
• Making final arrangements. Giving away prized possessions, writing a will, and/or
making funeral arrangements may be warning signs of impending suicidal behavior.
• Preoccupation with death. Excessive talking, drawing, reading, and/or writing about
death may suggest suicidal thinking.
• Changes in behavior, appearance, thoughts, and/or feelings. Depression (especially
when combined with hopelessness), sudden happiness (especially when preceded by
significant depression), a move toward social isolation, giving away personal possessions,
and reduced interest in previously important activities are among the changes considered
to be suicide warning signs.
SUICIDE AND CRISIS SERVICES (S.A.C.S.)
408-279-3312
650-494-8420
408-885-3630
NATIONAL RESOURCE
800.273.TALK (8255)
National Suicide Prevention Lifeline
;~;iL: i " July 2010
AppendixE
, .,' <1
APPENDIXE
SUICIDE PREVENTION AND RELATED MENTAL HEALTH PROMOTION
Students BP 5141.52
The Board of Education recognizes that suicide is a major cause of death among youth and should be
taken seriously. In order to attempt to reduce suicidal behavior and its impact on students and families,
the Superintendent or designee shall develop preventive strategies and intervention procedures.
The Superintendent or designee shall involve school health professionals, school counselors,
administrators, other staff, parents/guardians, students, local health agencies and professionals, and
community organizations in planning, implementing, and evaluating the districfs strategies for suicide
prevention and intervention.
Prevention and Instruction
Suicide prevention strategies shall include, but not be limited to, efforts to promote a positive school
climate that enhances students' feelings of connectedness with the school and is characterized by caring
staff and harmonious interrelationships among students.
The districfs instructional and student support program shall promote the healthy mental, emotional, and
social development of students including, but not limited to, the development of problem-solving skills,
coping skills, and resilience.
The Superintendent or designee may offer parents/guardians education or information which describes
the severity of the youth suicide problem, the districfs suicide prevention efforts, risk factors and warning
signs of suicide, basic steps for helping suicidal youth,reducing the stigma of mental illness, and/or
school and community resources that can help youth in crisis.
Staff Development
Suicide prevention training for staff shall be designed to help staff identify and find help for students at risk
of suicide. The training shall be offered under the direction of district staff and/or in cooperation with one
or more community mental health agencies and may include information on:
1. Research identifying risk factors, such as previous suicide attemp~s), history of depression or
mental illness, substance use problems, family history of suicide or violence, feelings of
isolation, interpersonal conflicts, a recent severe stressor or loss, family instability, and other
factors.
2. Waming signs that may indicate suicidal intentions, includirg changes in students' appearance,
personality, or behav ior.
3. Research-based instructional strategies for teaching the suicide prevention curriculum and
promoting mental and emotional health.
4. School and community resources and services for students and families in crisis and ways to
access them.
5. Dis1rict procedures for intervening when a student attempts, threatens, or discloses the desire to
die by suicide.
BP 5141.52
Alf%t '" ~ ; July 2010 ~1 "" < "
AppendixE
APPENDIXE
SUICIDE PREVENTION AND RELATED MENTAL HEALTH PROMOTION
Intervention
Whenever a staff member suspecls or has knowledge of a studenfs suicidal intentions, he/she shall
promp~y notify the principal, another school administrator, psychologist, or school counselor. The
principal, another school administrator, psychologist, or counselor shall then notify the studenfs
parenls/guardians as soon as possible and may refer the student to mental health resources in the
school or community .
Studenls shall be encouraged through the education program and in school activities to notify a teacher,
principal, another school administrator, counselor, or other adult when they are experiencing thoughts of
suicide or when they suspect or have knowledge of another studenfs suicidal intentions.
The Superintendent or designee shall establish crisis intervention procedures to ensure student safety
and appropriate communications in the event that a suicide occurs or an attempt is made by a member
of the student body or staff on campus or at a school-sponsored activ ity-;-
Also see:
cf 4131-StaffDeveloprrent
cf 5022 -Student and Fan"ily Privacy Rights
cf 5125 -StudentRecords
cf 5030 -StudentWellness
cf 5141-Health Care and Errergencies
cf 5137 -Positive School Climate
cf 5143 -Nondiscrirrination/Harassrrent
cf 6142.8 -Corrprehensive Health Education
cf 6164.2 -Guidance/Counseling Services
Policy
adopted: June 1,2010
PALO ALTO UNIFIED SCHOOL DISTRICT
Palo Alto, California
Project Safety Net (PSN) , ',,'
"
AppendixF
APPENDIX F
DRAFT
City of Palo Alto:
Suicide Prevention Policy and Mental Health Promotion
The City of Palo Alto's City Council and City Administration understands the
concern that suicide poses to its residents and employees/employers and shall
have suicide prevention strategies and intervention procedures. Mental health
care shall be promoted and there shall be support for community members in
need.
This policy promotes planning, implementing, and evaluating strategies for
suicide prevention and intervention and encouraging mental health care. To do
this, City staff and residents shall better understand the causes of suicide and
learn appropriate methods for identifying and preventing loss of life. This
understanding and awareness shall include training in identifying those at risk
(called gatekeeper training) and how to report suicide threats to the appropriate
parental and professional authorities. This policy shall provide for collaboration
with similar work by the Palo Alto Unified School District and other local and
regional authorities, including Santa Clara County government.
Actions indicated by the community task force, Project Safety Net, or a similar
future committee, shall be evaluated, agreed upon, and implemented. This policy
shall advance current strategies including, but not limited to, parent education,
media education, youth outreach, mental health support of students, means
reduction, youth mental health screenings, and grief support amongst other
actions. This education shall promote the healthy mental, emotional, and social
development of residents and employees/employers including, but not limited to,
youth understanding of problem-solving skills, coping skills, and resilience. Also
an easily accessible list of mental health and suicide prevention resources shall
be maintained.
The City Manager or designee shall establish a crisis intervention plan and
procedures to ensure public safety and appropriate communications in the event
that a suicide occurs or an attempt is made by an individual in the City of Palo
Alto.
The City of Palo Alto Administration shall ensure that all staff members have
been issued a copy of this suicide prevention policy and procedures. All staff are
responsible for knowing and acting upon them.
Funds to implement this policy shall be provided, if available, and shall be sought
through private donations and grant applications.
This policy shall be reviewed annually to confirm compliance and to make any
necessary revisions.
AppendixG
Appendix G
PSN Community Task Force Survey Results: Year in Review (raw data)
QUESTION 1 -What has been positive, encouraging and
effective this past year?
a. Collaboration between groups within the City, consistent effort
b. Diverse perspectives
c. Awareness of risk
d. Better education
e. Communication of facts
f. Higher comfort of what to do when you identify an at-risk youth
g. Start at changing the culture/stigma
h. Kids willingness to talk
i. Developing a sense that we all playa role
j. Teen Forums
k. A raft of educational programs
I. Action oriented
m. Talking to youth
n. Positive evolution in attitude that this is a community health
issue
o. TrackWatch
p. Means to identify gaps
q. Production of tangible results
r. Sharing of resources
s. Systems starting to put procedures in place
t. It's encouraging that a cross-community team of such diverse
organizations can come together for the good of youth.
u. And that the team can actually produce tangible results in the
course of an academic year, including:
PSN, Rev. 6/9/10
Project Safety Net (PSN) ; J,d , '-
AppendixG
v. HEARD's progress on creating processes, providing training,
engaging PAUSD and others,
w. The formation of Track Watch and the introduction, funding and
training of the paid guards,
x. PAUSD's implementation of QPR training and the upcoming pilot
of "Teen Screen".
y. It's encouraging that through this team's work, social/emotional
health is now as academic success in our schools.
z. It's a positive that the team has made enough progress and is
still functioning as a productive entity that the team will be doing
reports to the PAUSD BoE and the City Council on progress to
date and the way forward.
QUESTION 2 -What are our greatest gaps (or holes in the
safety net)
a. Lack of common language, communication gaps between
parents, PAUSD, Medical & mental health
b. Umbrella approach
c. Isolated groups
d. Availability and affordability of mental health services
e. QPR training incomplete
f. Focus on Gunn needs to expand to all secondary schools
g. Get youth more involved in the conversation
h. PAUSD and Cornerstone screening
i. Need to focus on the positive (well ness resiliency)
j. Continue to grow the effort
k. Outreach communication
I. Produce a common language for all
m. Create sustainable, systemic change
2
PSN, Rev. 6/9/10
AppendixG
n. Mental health curriculum in schools
o. Campaign to reduce stigma
p. Create "single look" to brand effort
q. Consistent K-12 curriculum on social/emotional health,
r. Consistent K-8 curriculum on social cruelty,
s. Peer-to-peer mentoring at all the secondary schools,
t. All kids feeling connected to adults (ala the Project Cornerstone
"dot exercise")
u. Community resources aren't well leveraged for kids for whom
school isn't the place here they are most comfortable or derive
their happiness/satisfaction (e.g. kids who struggle to fit in or
struggle academically)
v. Track Watch needs more support.
w. Kids spend a lot of their time with Sunday school teachers, youth
group leaders, et al. Those adults need gatekeeper training as
well.
x. One next step for Parent Education is to educate parents more
specifically on the resources available, how to access them,
specifically how the process works and more in-depth information
on recognizing risks. Should try some new formats for learning
(in addition to the existing lecture and panel formats).
y. Others with whom we interact aren't as well-versed as PSN team
members on this topic and we could do more to educate them
(e.g. staff, students).
z. We lack a systemic feedback loop from kids to adults about their
needs. Youth Forum was effective but ad hoc.
aa. Should share information with our surrounding school districts
and cities.
QUESTION 3 -Where would you like to see us go from here?
a. Common language approach (developmental assets model)
3
PSN, Rev. 6/9/10 ,
Project Safety Net (PSN) [ , :,' ;5,);
AppendixG
b. Broaden the focus to include the parents; it's not just the
schools
c. Develop ongoing infrastructure, find resources
d. More inclusive to other organizations
e. Need for a "leader" or governing body moving forward (working
groups?)
f. Review strategies and review priorities based on this year's
progress
g. Get buy in from group
h. Determine resources available and what's needed
i. Communicate plan
j. Action on 2a could be achieved by advocating for PAUSD to
assign a champion and some resources.
k. The existing Youth Collaborative could be leverage for 2b and
2g.
I. We should re-set on Track Watch and make some decisions on
how long, how to fund, how to recruit more volunteers, etc.
QUESTION 4 -How do you see us getting there?
a. Getting PAUSD involved in asset building
b. Speaker's Bureau to help spread the word.
c. More media outreach to the general public
d. Decision making-process is critical to success of program
e. Ownership/Accountability
f. What did we learn? What did we struggle with?
4
PSN, Rev. 6/9/10
• , July 2010
AppendixH
APPENDIX H
Partial list of Resources Utilized by the PSN Community Task Force
1. The American Foundation for Suicide Prevention (AFSP), a
501 (c)(3) organization, has been at the forefront of a wide
range of suicide prevention initiatives in 2010 --each designed
to reduce loss of life from suicide. We are investing in
groundbreaking research, new educational campaigns, innovative
demonstration projects and critical policy work. And we are
expanding our assistance to people whose lives have been
affected by suicide, reaching out to offer support and offering
opportunities to become involved in prevention
http://www .afsp.org /
2. School based Youth Suicide Prevention Guide -provides a
framework for schools to assess their existing or proposed
suicide prevention efforts (through a series of checklists) and
provides resources and information that school administrators
can use to enhance or add to their existing
programhttp://theguide. fmhi.usf.edu/
3. "National Strategy for Suicide Prevention" and "California
Strategic Plan on Suicide Prevention"]
Related websites that support the PSN Goals
Depression Bipolar Support Alliance (www.dbsalliance.org)
Project Corner Stone (www.projectcornerstone.org)
Child and Adolescent Bipolar Foundation (www.bpkids.org)
Anxiety Disorders Association of America (www.adaa.org)
American Academy of Child and Adolescent Psychiatry. E-Resource
Center (www.aacap.org)
NIMH. Depression in Children & Adolescents (www.nimh.nih.gov)
American Psychological Association: The Road to Resilience
(www.apahelpcenter.org) .
Mayo Clinic: Resilience (www.mayoclinic.com)
, '
Project Safety Net (PSN) ; ,;;r"l , .
AppendixH
APPENDIX H
American Foundation for Suicide Prevention (AFSP) (www.afsp.org)
The Suicide Prevention Resource Center (www.sprc.org)
Books and Relevant Documents
o Youth Suicide Prevention Guidelines for California Schools 2005 -
Department of Education, State of California
o "Out of the Darkened Room: When a Parent is Depressed:
Protecting the Children and Strengthening the Family",
Beardslee, Little Brown, 2002
o "Helping your anxious child: A step by step guide", Rapee et ai,
New Harbinger, 2000
o "Helping your teenager beat depression: A problem-solving
approach for families", Manassis & Levac, Woodbine House, 2004
o "Night Falls Fast -understanding suicide", Kay Redfield Jamison,
Vintage Books 2000
o "Eight Stories Up: An Adolescent Chooses Hope over Suicide",
Levine & Brent, Oxford University Press, 2008 (From the
Adolescent Mental Health Initiative, of the Annenberg Public
Policy Center)
o "The Anxiety & Phobia Workbook", Bourne, New Harbinger, 2005
o "Uncommon Sense for Parents with Teenagers", revised ed.,
Michael Riera, PhD, Celestial Arts, 2004
o "Surviving Your Adolescents: How to Manage and Let Go of Your
13-18 year olds", 2nd ed. Thomas Phelan, PhD, CMI, 1998
o "The Good Enough Child: How to Have an Imperfect Family and
Be Totally Satisfied", Brad Sachs, PhD, Quill, 2001
o "The Confident Child: Raising Children to Believe in Themselves",
Terri Apter, PhD, Bantam, 1997
, , July 2010
TO: HONORABLE CITY COUNCIL
FROM:
. DATE:
CITY MANAGER
SERVICES
JULY 19, 2010
REPORT TYPE: Action .' ,
DEPARTMENT:ADMINISTRATIVE
SERVICES
CMR: 315:10
SUBJECT: Review and Comment on Preliminary Response to the 2009-2010 Santa
Clara County Civil Grand Jury Report "Cities Must Rein In Unsustainable
Employee Costs"
RECOMMENDATION
Staff recommends that Council provide some initial comments and feedback on the Santa Clara
County Grand Jury Repolt "9ities Must Rein In UnsustainableBmployee Costs" and direct staff
to I'etum with the City'S response to the to Grand Jury findings August 2, 20 I O.
BACKGROUND
On May 20, 2010, the Civil Grand Jury of Santa Clara County sent the Honorable Patrick Burt,
Mayor of the City of Palo Alto a report expressing serious concems about rising and
unsustainable employee costs. The report addressed all areas of compensation including wages,
pensions, health care, and vacation, holiday and sick leave. The Grand Jury's chief finding was
that" ... controlling employee costs is imperative for the ongoing financial health of our cities."
DISCUSSION
However, this City Manager Report briefly summarizes the findings and recommendations of the
Grand-Jury (Attachment A contains Grand Jury RepOlt) and to set the stage for further, in-depth
analysis and discussions on how to address the fundamental issues raised by the Grand Jury
report. The Grand Jury requires cities to formally respond to such repolts. During Council
review, staff~'Cquests Council's broad comments and reactions before we formally respond to on
the Grand Jury's findings. In addition, staff recommends retmning to Council on August 2, 20 10
with a final response from the City of Palo Alto regarding the reforms and changes
recommended by the Grand Jury to contain employee costs; which the City must provide to the
grand jury by August 30, 2010.
As stated, the Grand Jury's main determination is that the total compensation paid to city
employees throughout the County is not financially sustainable. This conclusion is based on:
• Wages and benefits increasing at a greater rate than inflation
CMR:315:10 Page 1 00
• Revenue growth or lack thereof that has not kept pace with rising labor costs, particularly
during economic downturns
• Past pension and benefit concessions during "boom" economic periods whose long-term
impacts were not adequately or financially assessed
The Grand Jury report provides a significant amount of data on expense and revenue trends as
well as quotations from officials from various eities on the financial challenges they face in
negotiations with labor organizations. Of special importance are the Jury's recommended
approaches and strategies to controlling employee costs and to maintaining services. Key
recommendations are as follows:
• Introduce lower cost pension and health care plans for new employees known as "two
tier" plans. Extend retirement ages and change salary base formulas for retirement.
• Have employees contribute more to pension and health care costs
• Binding arbitration should be made open to the public for review sinee it limits "the
ability of city leaders to craft solutions that work for the city's budget" (A specific
recommendation is made to San Jose City Council to prepare a ballot measure asking
voters to repeal binding arbitration section in City Charter)
• Renegotiate number of vacation, sick, holiday, and personal days and pace of wage
step increases
• Analyze functions of workforce with eye toward consolidation and elimination of
excess cost
• outsource some activities to private sector
• consolidate or regionalize services to optimize resources and work load e.g. fire,
police, animal, human resources, new informlltion technology systems
• compare wages and benefits to non-local cities and especially to private sector
• solicit community input so that taxpayer monies are spent prudently and fairly
• maintain service obligations 'to community and ensure services and infrastructure are
not neglected
Many of the Grand Jury's recommendations have been pursued by the City of Palo in the past
and during recent negotiations with SEIU employees. In fact, the City was first in the county to
implement a "two tier" retirement system for both SEIU and Management groups. Furthermore,
the City has stressed the need for structural changes in pension and health care benefits in recent
discussions and negotiations with the public safety unions. Considerable work and progress on
the Grand Jury's recommendations still need to be made, however, in order to ensure that the
City maintains a balanced budget and one that reinvests in the future, particularly in the area of
infrastructure.
In cone1usion, staff recommends that the Council provide comments on these recommendations
to incorporate in the City's final response to the Grand Jury,
RESOURCE IMPACT
There is no immediate fiscal impact resulting from this report.
POLICY IMPLICATIONS
This report is consistent with Council policy to maintain a balanced budget and to pursue
structural changes in employee wages and benefits.
CMR:315:10 Page 2 00
ENVIRONMENTAL REVIEW
There is no environmental review required for this report.
ATTACHMENTS
Attachment A: 2009-20 I 0 Santa Clara County Civil Grand Jury Report "Cities Must Rein
In Unsustainable Employee Costs"
PREPARED BY:
APPROVED BY:
CITY MANAGER APPROVAL:
CMR:315:10
~,.. LALO PEREZ
Director, Administrative Services
~M\NL-.-,.J.D * ~ f~JAMES KEENE
City Manager
Page 3 of3
..
Honorable Patrick Burt
Mayor
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
ATTACHMENT A
May 26,2010
Dear Mayor Burt and Members of the City Council:
• v "; ,_ ,
CITY OF PALQ ALTO CA CITY CLERK'S OFFICE
IOJUN-1 AH 7: 33
The 2009·2010 Santa Clara County Civil Grand Jury is transmitting to you its Final Report,
Cities Must Rein In Unsustainable Employee Costs.
California Penal Code § 933(c) requires that a governing body of the particular public agency or
department which has been the subject of a Grand Jury final report shall respond within 90.days to the
Presiding. Judge of the Superior Court on the findings and recommendations pertaining to matters under
the control of the governing body. California Penal Code § 933.05 contains guidelines for responses to
Grand Jury findings and recommendations and is attached to this letter.
PLEASE NOTE:
1. As stated in Penal Code § 933.05(a), attached, you are required to "Agree" or "Disagree" with
each APPLICABLE Finding(s) 1, 2, 3, 4, 5. 6, 7, 8, 9, 11, & 12. If you disagree, in whole or patt,
you must include an explanation of the reasons you disagree,
2. As stated in Penal Code § 933.05(b), attached, you are required to respond to each
APPLICABLE Recommendation(s) 1,2,3. 4A, 4B, 4C, 4D, 4E, 5al, 5a2, 5a3, 5b, 501, 5c2, 5c3,
5c4, 6a, 6b, 7a, 7b, 8a, ab, 9,11, 12a, 12b, 12c, & 12d,withoneoffourjJossibleactions.
Your comments are due in the office of the Honorable Jamie Jacobs-May, Presiding Judge, Santa Clara
County Superior Court, 191 North First Street, San Jose, CA 95113, no later than Monday,
August 30,2010.
Copies of all responses shall be placed on file with the Clerk of the Court.
AMC:dsa
Enclosures (2)
Sincerely,
~~,,; 4: CZ'd.Y'""
ANGIE M. CARDOZA
Foreperson
2009·2010 Civil Grand Jury
cc: MLJames Keene, City Manager, City of Palo Alto
California Penal Code Section 933.05, in relevant part:
933.05, (a) For purposes of subdivision (b) of Section 933, as to each grand jury finding,
the responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding,
(2) The respondent disagrees wholly or partially with the finding, in which case the
response shall specify the portion of the finding that is disputed and shall include an
explanation of the reasons therefor.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury
recommendation, the responding person or entity shall report one of the following
actions:
(1) The recommendation has been implemented, with a summary regarding
the implemented action,
(2) The recommendation has not yet been implemented, but will be
implemented in the future, with a time frame for implementation,
(3) The recommendation requires further analysis, with an explanation
and the scope and parameters of an analysis or study, and a time
frame for the matter to be prepared for discussion by the officer or
head of the agency or department being investigated or reviewed,
including the governing body of the public agency when applicable,
This timeframe shall not exceed six months from the date of
publication of the grand jury report,
(4) The recommendation will not be implemented because it is not
warranted or is not reasonable, with an explanation therefor.
... ~ 2009·2010 SANTA CLARA COUNTY
CIVIL GRAND JURY REPORT
Issue
CITIES MUST REIN IN UNSUSTAINABLE
EMPLOYEE COSTS
Employee costs are escalating in the cities of Santa Clara County (County), revenues
are not keeping pace with these increases and cities are cutting services. How do
cities contain these escalating employee costs?
Summary
In this report, the 2009·2010 Santa Clara County Civil Grand Jury (Grand Jury) takes a
broad look at employee costs in the County's fifteen cities and recommends solutions to
control costs so that cities over time can achieve fiscal and organizational stability and
eliminate budget deficits.
There is widespread concern that the cost of employee total compensation continues to
increase while revenues and services decrease. Wages and salaries climb, even as the
economy struggles. Pension and health Care benefits have risen substantially since
2000. Vacation, holiday and sick leave policies are overly generous and exceed those
of private industry. The overall costs to cities are not sustainable. Cities need to
negotiate, approve and i implement considerable cost containment measures so that
employee financial obligations do not continue to escalate.
Cities should expand the comparison of salaries and benefits beyond other nearby cities
to include the private sector. Options for additional cost savings include: outsourcing
some activities to private industry; consolidating services with other cities or the County;
optimizing job functions; and introducing lower cost pension and health care plans for
new employees. .
It is important for the cities to solicit community input so that taxpayer money is spent
prudently and fairly, while maintaining the obligations of local government to its Citizens,
and ensuring that services and infrastructure improvements are not neglected.
Background
During the last decade, cities Significantly increased the total compensation that
employees receive, but city leaders did not adequately forecast and plan, nor allocate
enough money to pay for these long-term obligations. In order to attract qualified
workers during the dot-com boom, the cities, flush with revenue, increased wages and
benefits, especially pension benefits, with unrealistic expectations that the economy and
1
the stock market would continue to expand. These increases are largely guaranteed by
union collective bargaining agreements. Binding arbitration in public safety has
compounded the situation in the City of San Jose,
Two recessions later, most cities are experiencing chrc;mic budget deficits. The
economic downturn that started in December 2007 is exace[bating the cities' poor
financial health, The following major factors are contributing to the cities' problems:
• Increased wage and salary costs
• Increased retirement and health care costs
• Reduced property tax revenues
, • Reduced sales tax, occupancy tax, and construction tax revenues
• Reduced revenue from the state
In order to balance budgets, cities are dipping into "rainy day" funds and reserve funds,
shifting funds, and reassigning redevelopment money, Many of the cities are facing
looming general fund deficits ranging from $3 million to more than $100 million, Overall,
the cities are taking a multi-pronged approach in tackling these projected deficits by
generating new revenue, reducing operating expenses, and curbing employee
compensation costs,
The opportunity for generating revenue is primarily limited to increasing taxes and fees,
or in some cities, selling surplus property, Voter approval of a ballot measure is
necessary to increase taxes and few cities are considering this option. To achieve cost
recovery for all programs, cities have raised or are raising fees-business license fees,
parking lot and meter fees, parks and recreation fees, building fees, sewer connection
fees, etc.
Cities are reducing operating expenses by streamlining operations, implementing
technology improvements, delaying infrastructure projects, cutting support to nonprofits,
and reducing or eliminating services. Service reductions are across all departments,
such as code enforcement, arson inVestigation, customer service, tree trimming,
landscape maintenance, graffiti abatement, canine units, street repairs, fleet services,
and hours of operation in parks, libraries and community centers,
Long-term, cities have few options to control employee costs, Among these are:
• Renegotiate contracts for existing employees with the unions.
• Change pension and retiree health benefrts for new hires,
• Alter personnel policies and workplace practices.
• Recommend ballot measures that could mandate changes,
2
Short-term, cities can control employee costs by:
• Ordering furloughs
• Imposing temporary wage freezes
• Enforcing a hiring freeze
• Eliminating vacant positions
• Laying-off staff
Methodology
The Grand Jury took the following actions:
Reviewed the 2008-2009 San Mateo County Civil Grand Jury report "Reversing the
Upward Trajectory of Employee Costs in the Cities of San Mateo County".
Requested from each city in the County:
• 2009-2010 City Budget
• Latest Certified Annual Financial Report
• Any amended agreements or Memoranda of Understanding (MOUs) of union
contracts that were negotiated, imposed and/or implemented in 2009
Surveyed the cities for information on number of employees, employee benefits,
employee salary/wages, total revenues, retirement formulas, and contributions to
pension plans and other post-employment benefits (OPES). (Survey Forms; Appendix
A-C)
Interviewed the city manager or financelbudget director in each city and gathered
information on the city's financial health, deficits, labor negotiation practices, strategies
to balance the budget, and specific actions to increase revenue and reduce employee
costs.
Interviewed the president of Santa Clara County/Cities Managers' Association and the
former president of the Santa Clara County Cities Association (comprised of elected
officials) and discussed pension reform and how the cities can work together on issues
of mutual concern.
Interviewed the president of the San Jose Police Officers' Association and talked about
the contract negotiation process and the role of labor in a city's financial health.
Discussion
Without deliberate, collaborative action, employee wages and benefits will continue to
increase substantially year-over-year. The percentage of general fund money spent on
employee costs is escalating. During Grand Jury interviews, most of the city managers
and finance directors indicated that their current percentages are unsustainable and
additional increases would lead to drastic changes to city services. San Jose Mayor
Chuck Reed in his State of the City Address on Feb.18, 2010 stated that employee
costs shot up 64% in the last nine years while revenues climbed just 18%.
3
Table 1 : Comparison of Overall Employee Costs in Selected FuU-Service Cities' (With Police and
Fire Departments) as Percentage of General Fund.
I
~~ .. ~ t,:1buoiiiiin-Gilroy. Los Ga:tos .... M~pjtas View
001 61% 61% 73% 71%
010 172% 79% 83% 78%
[2000-2
2009-2
· 1 These cllles provided data for both fiscal years.
... .. c~~····
Santa . Sunnyvale 'Clara Average
64% 76% 61.6%
77% 77% 77.6% -----.... -~ ... -----~--....
As this table shows, controlling employee costs is imperative for the ongoing financial
health of our cities. For aI/ cities, the Grand Jury investigated the main components of
total compensation, work force practices, labor negotiations, and public involvement.
TOTAL COMPENSATION
The cities' median total compensation cost per full-time equivalent (FTE) for:
• Regular employees (non-safely) increased 37% from an average median of
$71,379 in fiscal year 2000-2001 to an average median of $113.104 for fiscal
year 2009-2010.
• Safely employees (police and fire) increased 41% from an average median of
$102,646 to $173,714.
Table 2: Changes in Median Total Compensation, includes Wages and Benefits
Note: ContraClldistrict means that seNices are provided via a contract with the County or via a special district
The cumulative increase in the total compensation is the result of increases to base
payroll, health/dental benefits, retirement benefits, and other benefits. The rate of
increase in total compensation for city employees has been higher than growth in the
local economy, and employee costs are escalating at a higher rate than the growth in
the cities' general fund revenues. For the 10 years from 2000-2009" the Consumer
Price Index for the Bay Area increased by a total of 26.8%, or an average of 2.7% a
year.
4
Graph 1: Average San Jose FTE Costs versus CPI Changes over Time
$130,000
$120,000 .
$110,000
$100,000
$90,000
sso,ooo
$70,000
$60,000
2000· 2001· 2002· 2003· 2004, 2005-2006-2007, 2008· 200S·
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
1. Salary/Wages
At present, the cities utilize a traditional public sector salary schedule with five 5%
salary steps for most job classifications, Step increases occur automatically unless
action is taken to withhold the 5% increase based on poor performance, The typical
time it takes an employee to reach the top step of the salary range is three. and a half
years.
During the time employees are moving from the first to the top step, they also receive
any general salary increases negotiated by bargaining units, After they reach the top
step, they continue to receive annual negotiated cost,of-living adjustment (COLA)
increases, In the three years starting July 1,2008, and ending June 30,2011, the
COLA increase in typical contracts is scheduled to rise by 6% to 9.5%. In this scenario,
an employee in step progression could receive a salary increase of 26% to 29.5% in
those three years, During Grand Jury interviews, city managers indicated that
automatic step increases cause undue hardship on the cities' finances,
2. Health Benefits
Employees in each city receive a generous contribution from the city toward numerous
heaHh care benefits: medical insurance, vision insurance, dental insurance, employee
assistance programs, and cash-in-lieu of medical coverage, Medical expenses
continue to rise, and the cities have been pressured into identifying new strategies to
minimize the impact of rising medical insurance costs, Medical insurance expenses
are increasing at rates that exceed public employers' revenue growth,
5
Table 3: Cities' Monthly Contributions to Health Care Benefits
. . ~1,l!l.O, -2~O1 2Q~9 -2010 . i
Indiv.idiial .. ' Family Indiilidu.<il . . Family I
Campbell $295 $493 $668 $1,224 i
Cupe,rtino $634 $634 $792 $869 •
Gilroy Average was $453 Average was $1024
Los Altos $569 $569 $550 $1400
Los Altos Hills $228 $594 $592 $1540 i
Los Gatos $262 $586 $629 $1,442 .
Milpitas . $318 $621 $780 $1,622 i
Monte Sereno $490 $800 $600 $1300 .
Morgan Hill $475 $475 $600 $1260
Mountain View $303 $739 $777 $1,824
Palo Alto $296 NA NA NA
San Jose $289 $545 $540 $1,139
Santa Clara Average was $498 $720 $720
Saratoga $201 $523 $611 $1,609
Sunnyvale Average was $534 $635 $1666
In the table above, the monthly premiums increased Significantly from 2000 to the
present. To reduce costs while preserving essential medical benefits, the cities have
implemented or are considering various cost-sharing initiatives. Among these are:
• Cost sharing of monthly premiums; some cities set a certain dollar amount that
employees contribute, others set a percent, e.g. San Jose has a 90/10% split
(employee share is 10)
• Co-pays for doctor visits, hospital stays and prescription drugs; co-pays currently
are relatively low, usually $5.00
• High deductible plans
• Health savings plans for new employees
3. Retirement Pension Benefits
Defined-Benefit Plan
Employees in. a defined-benefit retirement system are guaranteed a specific, annual
pension at retirement. The annual benefit is distributed in monthly payments. Monthly
benefits are calculated using a formula based on the employees' years of service and
the salary they received at the time of retirement. In addition, after retirement, retirees
are eligible for cost-of-Ilving increases. Most pension plans also provide benefits for
disability and death, and in some cases, provide benefits to survivors or beneficiaries.
In the cities of Santa Clara County, similar to most public sector organizations, full-time
and many part-time employees are enrolled in a defined-benefit retirement system.
6
a. CalPERS
California Public Employees' Retirement System (CaIPERS) is the defined-benefit plan
in which employees in the majority of the cities of the County are enrolled. The cities
and employees make contributions for retirement benefits to CaIPERS. CalPERS
invests, manages, and distributes money to employees when they retire. Cities are
required to increase their contributions when the costs of benefits increase andlor when
investment retums decline.
Exampl()s of How the CalPERS Formula Works for Regular Employees
Each city chooses among legislatively-approved formulas that determine the amount of
lifelong penSions. The most common formula for regular employees is 2.7% at age 55.
To apply this formula: 1) take 2.7% of the employee's last year's salary; and 2) multiply
it by the number of years of service to determine the amount received upon retiring at
55.
• Regular city employees with 30 years of service will receive 81% of their last
. year's salary for life.
• Regular city employees with 20 years of service will receive 54% of their last
year's salary for life.
• Regular retirees will receive an annual COLA of up to 2% a year.
Examples of How the CalPERS Formula Works for Safety Employees
The typical formula for safety employees is 3% at age 50. Upon retirement, an
employee will annually receive 3% of their last year's salary, multiplied by the number of
years of service.
• Safety employees with 30 years will receiVe 90% of their last year's salary.
• Safety employees with 20 years will receive 60% of their last year's salary.'
• Safety retirees will receive an annual COLA of up to 2% a year.
b. San Jose Pension Plan
San Jose does not participate in CaIPERS, but instead has two retirement plans: the
Police and Fire Department Retirement Plan and the Federated City Employees'
Retirement System. Both the City and its employees make contributions for retirement
benefits. The fonmulas used to calculate pensions for San Jose employees are similar
to those used for CaIPERS.
• Regular employee formula: 2.5% at 55; maximum base benefit of 75% of final
average salary
• Police formula: 2.5% for first 20 years; 4% starting at 21 st year; maximum base
benefit of 90% of final average salary
• Fire formula: 2.5% for first 20 years; 3% starting 21st year; maximum base
benefit of 90% of final average salary
• All retirees receive annual COLA increases of 3%.
7
Calculating Pension Benefits
Employee pensions are based on general formulas that are agreed on between the City
and the labor unions. A typical pension formula takes into account salary, number of
years served, age eligibility for retirement, and a percentage rate of an employee's
recent salary level. Table 4 provides some examples.
Table 4: Examples of Lifetime Retirement Pensions
(Does Not Include Health Care Benefits or Annual COLAs)
'I··~. ~~ .... -~~~-""---:-:-1:r.~Ex~··-a-m-p-le~" ~o-.-y-ea-~-~:.~c-e-qJa~~e···~o-~-. "'-A-n-nu-a-' -,
. Employee an!! Formula Salary"' Workeli .. Firi~lor Retirement i
~"" ...... \Y." PoM'" I ----'___f~--.~-___f---_+--:. ~SlljarY .'
! 30 years, 75% $55,504
age 55 Regular employee 2.5%@55 $74,005 (1)
$103,093 (4) 25 years,
age 55 75% $77,320
~~--------t---.... -.. -+---
·Safety employee 25% plus
(police get 4% after 20 years) $116,210 (5) 25 years,
age 50 70% $81,347
r--------... -.---___f-----+-----+---
Safety employee 2.5% plus
(fire get 3% after 20 years) $120,206 (6) 25 years,
age 50 65%
* Depending on the afy. employee retirement pension is based 00 final or highest years' salary.
(1) This example salary is the median 2010 salary for regular employees in San Jose
(2) This example salary is the median 2010 salary for regular employees in Saratoga
(3) This example salary is the median 2010 salary for pOlice officers in Los Gatos
. (4) This example salary is the median 2Q10 salary for firefighters in Gilroy
(5) This example salary is the median 2010 salary for police officers in San Jose
(6) This example salary is the median 2010 salary for firefighters in San Jose
$78,134
The cities use retirement formulas that vary somewhat from one city to another. The
table below shows the retirement formulas used by the cities for the 2009 -2010 fiscal
year. In the past decade, these pension formulas have been modified substantially.
Most cities increased their formulas from 2% at age 55 to the current 2.7% at age 55 for
regular employees, and changed their formulas for safety employees to the more
generous 3% at age 50. The cities also vary on the base salary on which retirement
benefits are calculated. The highest or final year of salary is now most commonly used
as the base salary; earlier, more cities calculated employee penSion amounts based on
an average of the last three years' salary.
8
Table 5: Retirement Formulas for Cities
....••. .-..... --~-
Retirement Formula -Percentage Gained for I Pension Based on Last
City Year's Salary or the Each Year Worked & Age Needed to Retire : Average of Three Years
Safllty I Regular All Employees
: 3 Year AV!9rage(Regular} Campbell 3%@50 2.5%@55 Highe~tYear (PoliceL
Cupertino None; contracted out 2.7%@55 Final Year . 3·~@50 (Police)
.. ... --------~--.. ------~--~.
Gilroy 3%@55(Fire) 2.5%@55 Highest Year
........ -. ------
Los Altos 3%@50 2.7%@55 Final Year ...... -~ ..... M __ _ ... _ .. -
Los Altos Hills None; contracted out 2%@55 3 Year Average .. -
Los Gatos 3%@50 25%@55 Highest Year ,...-
Milpitas 3%@50 2.7'10@55 High!9st Year ..... _.
Monte Sereno None; contracted out 2%@55 Highest Year .. -
Morgan Hill 3%@50 2.5%@55 Highest Year
Mountain View 3%@50 2.7'10@55 Highest Year
PatoAlto 3%@50 2.7'10@55 Final Year
-~--..
. 2.5% 1st 20 yrs;:!%
........ __ ...... _.--
I San Jose . __ ..
starting 21 st yr (Fire) Final Year;
2.5% 1st 20 yrs; 4% 2.5'10@55 75% maximum regular;
starting 21" \,i(Pollce) 90% maximum safety
....... ----~
, Saratoga None; contracted out 2'10@55 Highest Year ........ __ .-
Santa Clara 3%@50 2.75%@55 Final Year _ .....
Sunnyvale 3%@50 2.7'10@55 Highest Year ...... --.. -~
In Grand Jury interviews, some city managers reported that these formula changes are
causing a systemic problem for their cities. The changes. in the formulas provide for a
generous but costly increase to the monthly benefits. Estimates project that annual
pension benefits will increase approximately 25% to 50% from the previous formulas.
4. Other Post-Employment Benefits (OPEB)
Most of the cities in the County provide OPEBs in addition to pension benefits to their
retirees. OPEBs typically include health, dental, vision, or prescription drug care to
eligible retirees, their families, and in some cases, their beneficiaries. However, benefits
vary widely from no additional contributions after retirement, to full retiree and
dependent coverage for life, after a vesting period. These benefits are tax free.
Retiree health insurance premiums have been escalating. The increased number of
baby boomers reaching retirement age and employees retiring at a younger age are
affecting this cost.
Cities are required by the federal Governmental Accounting Standards Board (GAS B) to
calculate their long-term retiree health obligations by June 2010, depending upon the
annual amount of city revenue. Therefore, complete information is not yet available.
However, the magnitude of the obligations reported to the Grand Jury for the next
several years shows a dramatic increase in projected yearly expenditures and future
liabilities.
9
Funding Pensions and OPEBs
To cover pension obligations city employees pay fixed rates into CaIPERS, while the
rate the cities pay is adjusted every three years. Rates are determined by the
performance of CalPERS investments and the anticipated pension obligations for each
city. The payment is made as a percentage of employee salaries.
Similarly, in San Jose, city employees contribute a fixed rate as a percentage of salary
into the applicable pension plan. The City's contributions are established by its
retirement boards and are based on many factors, including the cost-sharing
arrangement with the employees and the level of benefits provided. Rates can increase
if there is a decline in the assets of the retirement fund, which has occurred recently
with the steep decline in the stock market.
The cities are responsible for the mounting unfunded pension liability. Unfunded
pension liability is an estimate of the cost of future retirement payments for which the
city does not have funds already set aside. This is one of the reasons that the cities'
contribution rates are notably higher than employees' contribution rates, as set forth in
the table below.
Table 6: Employer Contributions as a Percentage of Salary to Pension Plans and OPEB
P--~Iifploy:~~ <>o!'itributioll.as a
.... -. ..
I Employer Contributiona!>_a • perC'~ritaue of Salary to Pensl"n. Percentage .ofSala.y''j.oOPEB -'. Phm . .'. ' --."" --' -'.
~
Cjty' j)olii:~ ", . . Regu,'l"r . P.o)ice ,·. Fire. . Re9ular .• " fire . Em,plQyees . ,-Employee£J S~~pbe~ ~-1' 3~?o/. None' 10,7% 5,0% None' 4.0% •
'M'_'' .
~pertino-. None> None' 21.56%' None' None 13,9% ' __ m~
Gilroy : 35,25%' 35.25%' 12,64% 0,02% 0,02% 0,02% -~~--~ , "
•
.
Los Altos • 28.99%' None' 22.69%' CAlPERS Minimum Health Berl~ --
i Los Altos Hills None' • None' 21.69%' None' None' 14.2% !
CL:~Gato~ 33.84% None' i 14,58% 2.21% None' 5,19% :
~Mileitas 21,68% 21,68% I 14,58% 7,9% 7,9% 7,9%
I-tlI1onte Sereno None' None' . 19.66%' N/A None' None' .
/v'Iorgan Hill 28.05% None' 19,69' 0.00% None' O.Q~
~untajn View 25.56% 25,56% 15.59% 7,34% 7,34% 7.34%
9,9% 9.9% 9,9%
! Palo Alto ,..... ... 33,7%' 33,7%' 23,55%' ~8/0~1 (08/09) (08/09)
San Jose 21,61% 24,12% 18,31% 5.28% 4,19% •
Santa Clara 26.12% 26.12% 17,02% 2.29% 2.24%
Saratoga None' None' 18,65%' : None' None'
~ SunnY\faJe 41.09%' 41.09%' 22.25%' 8.0% 8,0%
Source: Data from Fiscal Year 2009-2010, except as otherwise noted
Notes:
1 Includes percentage of employee contribution that the city pays
2 Service provided by County or special district
10
5.7%
2,31%
N/A
8.0%
Employee Contributions to Pensions and OPEB
Employee contribution rates as a percentage of salaries are as follows:
• Regular employees: 8% to CalPERS when the formula is 2.7% at 55; and 7% if
the formula is less
• Safety employees: 9% to CalPERS when the formula is 3% at 50, and 8% if the
formula is less
• San Jose Regular employees: 4.28% to The Federated City Employees'
Retirement System
• San Jose Police employees: 8.18%, Fire employees 8.62% to Police and Fire
Department Retirement Plan
• Cupertino Regular employees: 2.4% for OPEB
• San Jose Regular employees: 5.7% for OPEB
• San Jose Police employees 5.28%, Fire emploYees 4.19% for OPEB
• Employees in the other cities contribute nothing for OPEB
Nine of the 15 cRies -Cupertino, Gilroy, Los Altos, Los Altos Hills, Monte Sereno,
Morgan Hill, Palo Alto, Saratoga, and Sunnyvale -pay all or a portion of the employees'
pension contributions. For example, Gilroy pays 100% of safety employees'
contributions; Morgan Hills pays 100% of regular employees' contributions. This means
those employees do not make any contributions to their own pensions.
Social Securitv Contributions
Of the 15 cities, only Monte Sereno and Santa Clara contribute to Social Security for
regular employees. Such participation requires both the city and the employee to
contribute 6.2% of the employee's salary to the Social Security system. The
employees of most cities will not be able to receive Social Security unless they have
worked and contributed for 40 quarters at another employer.
Pension Reform; Two·Tier System
The pension benefit is the most expensive benefit provided to employees and has
significant cost implications, which is why cities must ensure that the costs of pension
benefits are sustainable in the long term. During Grand Jury interviews, many city
managers and finance directors stated that pension costs are skyrocketing and diverting
limited resources from community services. For example, in Mountain View, CalPERS
costs have increased over the past decade from $2.8 million to $7.7 million. San Jose
will contribute approximately $138 million into its two retirement plans for 2009 -2010;
more than double that of Just 10 years ago. Pension costs are increasing due to benefit
enhancements and losses in investment returns.
11
City managers recognize the challenge they are facing and are working together
through the Santa Clara County/Cities Managers' Association to investigate ways to
reduce pension costs. Since pension benefits are considered vested, there are
limitations on what can be changed. Recently the city managers of Santa Clara County
and San Mateo County agreed on a jOint policy statement that recommends that all
cities adopt a two-tier pension system. (Appendix 0) In the two-tier system, cities would
implement a reduced level of retirement benefits for all new employees in all agencies in
the region. This solution would take detailed planning and communication to
implement. The Santa Clara County Cities Association has asked the city managers to
present the proposal to their respective city councils and start preliminary discussions
with the unions.
Among other cities statewide, San Carlos and Brisbane have already initiated a lower,
second tier for new hires. Palo Alto is in the process of implementing a second tier for
new Service Employees International Union workers. Sunnyvale completed a
preliminary analysis of a second tier and estimated it could save approximately $45 .
million over 20 years. The goal of two-tier system would be to provide a competltive
pension at a more sustainable long-term cost by increasing the age of retirement and
lowering the retirement payout.
Other suggested options to reduce penSion costs are 1) convert to defined contribution
plans for new hires, which are common in private industry and 2) eliminate "double
dipping", which occurs when a public employee retires and subsequently enrolls in a
new public retirement fund while continuing to collect from the earlier one.
Retiree Health Care Reform
Retiree health care costs continue to increase and cites are facing significant unfunded
liability for their retirees' health care benefits. San Jose is working on a plan that
provides for the costs of retirees' medical benefits to be split 50/50 by the city and the
employees, which over time would reduce the city's unfunded liability.
Other cities are looking at modified health care plans for their new employees. In some
of these plans, the obligations of the city end when the employee retires. One example
is establishing a health savings account for each employee hired after a certain date;
the city contributes to the account each month, which after vesting the employee can
take into retirement. Health savings plans are tax sheltered and the employee can
contribute to them.
5. Days Off
Employees receive paid time off for holidays, vacations, personal leave days and sick
days; the number of days granted each employee vary by city and by union.
The number of vacation days increase based on length of employment with an allotted
number of hours or days granted each year. In some cities vacation days can be
accumulated year after year and converted to cash at termination or retirement, or
added to the number of years of service and calculated into the retirement benefit.
Other cities have imposed limits on accrual time, and require cash out at that time.
12
Employees receive approximately 12 days of sick leave each year. Disability insurance
is available for extended sick leaves. Depending on union affiliation, employees are
eligible to receive accrued sick leave as a cash payment or added into their number of
years of service and calculated into their retirement benefit. Some are eligible to receiVe
up to 100% of their sick leave paid out at retirement, with no cap on the number of
hours. Other employees are eligible to receive up to 75% of their sick leave paid out to
a maximum of 1200 hours at retirement.
Although payouts of accrued sick leave are common in govemment agencies, these
benefits are not common in the private sector and could be reduced and capped to save
costs.
Table 7: Days Off Per Year by City
exempt) 22 to 44
Gilroy 1020 9 4.5 20 to 40 12
Los Alios 10 to 20 10. 2 (5 for mgml.) NIA 12
Los Altos Hills 12 to 20 12 12 30 12
Gatos 10 to 25 10 to 12 3 (6 12
111031 12 12
10 20 1 12
2 20 to 40 12
30 to 75 12
San Jose 10 to 25 14 20 to 50 12
Santa Ctara 13 to 14 3 50 (lire 84) 12
Saratoga 22 to 32 13 0
Sunnyvale 11 11 2.5-3.5 62 0
Notes:
1 Number of days varies by length of service.
2 In most cities vacation and sick leave days above the allowed retainable number can be cashed
out annually; the retainable amounts can be cashed out al retirement or reSignation.
3 Mountain View fire and police receive 5.55 days in lieu of holidays; San Jose fire and police
receive 5.6 days in lieu of h()lidays.
4 Employees may annually cash out up to 50% of their balance of sick days and 60 hours of vacation;
the rest is retainable.
In the past year, a few cities have imposed furlough days; although this reduces costs, it
also impacts services provided to the community. Some cities are considering
substiluting certain paid days off for unpaid days, instead of imposing furloughs to
reduce the impact on services.
13
WORK FORCE PRACTICES
1. Determining Wage and Benefits Packages
The Grand Jury learned from interviews that most cities set their compensation
packages by surveying the wages paid to public employees in a handful of like cities in
the general area, rather than wages for the employment market at large. In union
negotiations, cities will often negotiate to a place on the comparable wage index rather
than negotiating what they think are reasonable salaries by job classification, If the
wages in a salary range increase due to negotiations, all negotiated salaries increase.
Limiting comparisons to other cities in the same geographic area results in "a follow the
leader" or "keeping up with the Jones" mentality in the cities, rather than real market-
based compensation. Neither cities nor the labor unions appear to see a value in
comparing private and public sector wages and benefits, or in tracking compensation
trends in general. Recently, the Bureau of Labor Statistics reported that high-tech
wages in the Bay Area (54% were in Santa Clara County) dropped 12% in the past nine
years following the collapse of the dot-com bubble. During this time period, wages in
city government increased substantially.
Private industry has wrestled with the same benefit issues as the public sector. and has
been quicker to implement solutions that have reduced or contained employer-paid
costs, especially pension and health care costs. A report published by the Employee
Benefit Research Institute (EBRI) noted that, "State and local governments have sharply
higher costs for health and retirement benefits than private-sector employers, since their
workers participate in these benefits at far higher rates and public-sector workers are far
more likely to have defined benefit retirement benefits than are private-sector workers."
The EBRI stated that government employers' overall total compensation costs were
51.4% higher than private-sector employers' costs; the costs were 42.6% higher for
wages and salaries and 72.8% higher for benefits.
2. Consolidating Services with Other Cities or the County
All cities provide core services for their residents and perform operational activities to
keep the city running properly. With 15 cities performing similar functions, there are
opportunities to reduce duplication, decrease costs and improve efficiency by sharing or
consolidating services among cities or the County.
Currently, four cities obtain police services from the County Office of the. Sheriff; others
utilize the County's fire services or have special fire districts. Several cities have
consolidated their animal control functions. The Grand Jury learned through interviews
that these arrangements are successful and provide a sizeable cost savings. Additional
merging of services, such as trash collecting. library functions. payroll activities, and
parks and recreation work, could be pursued to reduce employee costs while providing
effective and efficient services to the community.
14
3. Outsourcing to Private Industry
Outsourcing to private industry is another avenue for cities to pursue to decrease
employee costs while maintaining services. Through interviews, the Grand Jury learned
that Saratoga and Monte Sereno utilize this service delivery model extensively.
Saratoga identifies itself as a "contract city." Several cities have limited contracts with
private firms and other cities are beginning to examine the option.
Functions currently being contracted out include landscaping, street sweeping, tree
trimming, recreation services, road surfacing, janitorial services, fleet maintenance,
trash collection, and traffic engineering. Santa Clara has outsourced the bulk of its
information technology functions.
Outsourcing services traditionally performed by employees requires proper planning,
effective communication, reliable cost comparisons, and performance-based contracts.
And for many cities, it means negotiating with and working with their unions to
accomplish this transition.
4. Optimizing Staff
Organizationally, the cities should ensure that their staffing models are efficient,
. effective and are operating at the optimum level to decrease employee costs. It is
important to analyze the functions performed by all. job classificati9ns and make
adjustments in the workforce. As appropriate, cities should reassign functions to lower
paid job titles, consolidate functions with similar jobs in the same or similar work group,
and trim unnecessary functions.
In 2009, Sunnyvale retained a consulting group to conduct an optimal staffing study of
seven departments. Many of the staffing and operational improvements recommended
by the group have been adopted and other changes will be implemented in the future.
The Office of the City Auditor in San Jose recently completed a study that identified 88
positions being performed by public safety employees that could be performed by
civilian employees at a lower cost. These positions are in Administration,
Investigations, Technical Services, and the Office of the Police Chief. Some examples
of the positions that could be switched to civilians are: Public Information Officer, Police
Artist, Watch Bulletin Police Officer and Main Lobby Police Officers. The estimated
annual savings would.be $5,077,500.
LABOR NEGOTIATIONS
1. Collec1ive Bargaining Agreements
In the cities. with the exception of Los Altos Hills and Monte Sereno, the majority ofthe
work force is represented by labor unions and operates under collective bargaining
agreements. Salaries, health care benefits. retirement pension plans, other post-
employment benefits plans, and workplace rules are negotiated by the unions on behalf
of their members.
15
Each city negotiates with from three to 11 unions. For instance, Los Gatos has three
unions; San Jose has 11 bargaining units, representing approximately 96% of the work
force. The cities and each bargaining unit negotiate legally-binding contracts, which are
known as either a Memorandum of Agreement (MOA) or a Memorandum of
Understanding (MOU), and they are effective for a deSignated period of time, usually
two or three years.
Pursuant to the Meyers-Milias-Brown Act (MMBA), the cities have a right to insist that
contract negotiations take place at the bargaining table between the designated
representatives of each city and the designated representatives of the various
bargaining unit employees. Both the cities and the unions have an obligation under
applicable law to negotiate in good faith. It is the goal of both parties to reach a
negotiated collective bargaining agreement.
2. Mediation and Arbitration
Under the MMBA, if negotiations do not result in a tentative agreement, impasse
procedures allow either party to invoke mediation, If there is still no agreement after
impasse procedures are exhausted, the MMBA states that the public agency may
implement its last, best and final offer. Additionally, after mediation the bargaining units
have the right to strike, except for police officers or firefighters who do not have the right
to strike,
F or San Jose police and firefighters, if parties fail to reach agreement after mediation,
City Charter Section 1111, approved by voters in 1980, allows the parties \0 submit the
dispute to binding arbitration, A three-member panel comprised of a city representative,
a union representative, and a neutral arbitrator selected by the city representative and
the union representative, decides each issue by majority vote, The arbitration is not
open to the public.
3. Negotiating Team
Each city delegates the authority to negotiate labor contracts on behalf of the city to the
city manager or the city manager's designee. The city manager generally delegates
the lead negotiating responsibility to one of these job titles: assistant city manager,
human resources director, employee relations director, or administrative services
director. Other key members of the city negotiating team may include the city attorney
or an outside labor attorney, the department head or a high-level manager of the
applicable work group, the finance director, and occasionally an outside consultant.
The negotiating team members do not belong to unions, and they do not operate under
a financial incentive, But as employees of the city, their compensation is proportional
with union employees; when salaries and benefits increase for union members, they are
generally awarded similar increases. In some cities, members of negotiating teams
have worked for the cities for a number of years, and many have come ·up through the
ranks" and have strong connections to the union employees. Some of the city
managers told the Grand Jury that this can be problematic, as these negotiators may
experience peer pressure and concede to the unions. For this reason, among others, a
few cities are considering adding outside conSUltants to their teams.
16
4. Role of the City Manager
Prior to labor negotiations, the city manager provides to the mayor and city council a
detailed fiscal analysis of current and projected economic conditions, and the current
and projected budget. The city manager also meets with the mayor and council in
closed session to recommend the city's position on contract renewal, itemize issues,
and receive direction about the intended outcome of negotiations. In upcoming
negotiations, it is anticipated that cities will ask for concessions for both current wages
and current and future benefits. Prior to negotiations, some of the city managers
conduct informal meetings with union leadership, as well as the rank and file members,
to provide data on the city's financial health and employee costs.
The city manager is integral to negotiations and is responsible for setting strategy,
direction, and parameters for the negotiating team. The city manager is closely engaged
with the team prior to negotiations to determine the areas the city would like to negotiate
and those it would not like to negotiate: The MMBA, however, defines and controls the
areas that are subject to negotiation. Throughout negotiations, the city manager is
briefed regularly on progress and issues. The negotiating team will consider the union
proposals during the length of the negotiations, and discuss and counter the proposals
within the confines of the council's guidance.
S. Role of the City Council and Mayor
The mayor and council are responsible for setting policy direction and guidelines for
labor negotiations, overseeing the city manager, and approving labor contracts. The
mayor is the public spokesperson.
Although the mayor and council are supposed to represent the best interests of the city
and ultimately the taxpayers during negotiations, it is difficult to separate politics from
bargaining sessions. If the council approves a package that is favorable to labor, some
council members could benefit if they keep or earn union support. Throughout the
County, many city councils are dominated by labor-endorsed candidates, and unions
play an active role in elections. Unions often support their candidates' campaigns with
endorsements and contributions. They print and distribute literature, manage phone
banks, make personal appearances at campaign events, and canvass neighborhoods.
Conversely, unions will sometimes negatively campaign against a candidate they
oppose.
During its investigation, the Grand Jury learned that labor representatives sometimes go
directly to council members while negotiations are occurring to solicit their support for
various proposals. For this reason, the Santa Clara City Council and the city manager
developed and approved "Employer Notification Principles" for the negotiating team and
the council to observe during negotiations. These principles govern the commitment,
responsibility and behavior of the city manager and the council and have improved the
city's negotiations. These principles discourage council and labor discussions during
the negotiation process. San Jose has a similar policy that sets guidelines for the
council to ensure labor negotiations are conducted in good faith and to avoid actions
that would circumvent the city's designated bargaining team.
17
PUBLIC INVOLVEMENT
In the past year, many articles have appeared in newspapers and other publications
about the dire fiscal straits of our cities. The public is becoming aware of the growing
cost of employee obligations. Until recenlly most residents were relatively uninformed
about long-term financial costs and how they came about.
During Grand Jury interviews, four of the cities indicated that they did not hold public
discussions before the start of their last contract negotiations; other cities stated that
they did encourage public comment in regard to the salaries or benefits being
negotiated, but that these sessions did not garner a lot of public attention. Some of the
city managers acknowledged that the taxpayer is often unaware of the long-term
financial impact of negotiations, especially concerning pensions.
The negotiated MOAs and MOUs are either on a council's consent calendar for
approval or appear as a separate agenda item. In either case, there is seldom lengthy
discussion around this approval. Approved contracts are posted to a city's web site.
Many city leaders are currently engaged in a variety of activities to better inform the
public about the cities' financial health and to solicit input. These activities include
publishing quarterly newsletters, posting reports on city web sites, conducting budget
sessions, sending out surveys, and creating task forces.
Ballot Measures
Escalating public employee costs .are a problem occurring throughout California. In
some cities and counties, recent ballot initiatives have given citizens an opportunity to
vote on retirement and health care benefits.
Orange County, San Francisco, and San Diego voters passed ballot measures as
follows:
• In November 2008, Orange County voters decided that future retirement
increases must be voter approved.
• In June 2008, San Francisco approved two measures increasing pension
benefits for existing employees, but limiting the future costs of retiree health care
benefits:
o New employees will contribute 2% of salary and the employing agency will
contribute 1% to a new retiree health care fund,
o New employees must work ten years to receive half of their health care
costs upon retirement and 20 years for full coverage; previously
employees were 100% vested after five years.
• In November 2006, San Diego required voter approval of any increase in retiree
benefits,
18
Conclusion
. In the past decade, reasonable, intelligent people -city and labor representatives -
negotiated generous employee wage and benefit packages through collective
bargaining agreements under which the cities are currently operating. As these expire,
both groups must recognize the financial impact of these agreements, coupled with the
economic downturn, and negotiate contracts that will:
• Assist the cities in returning to fiscal health.
• Preserve the services the taxpayers deserve and expect.
• Provide competitive and affordable compensation for employees.
For many years, there was a common belief that public sector employees earned lower
wages than the private sector, but this was balanced by more generous public benefits.
Current data shows wages have increased in the cities and are at least on par with
private sector jobs, while benefits in the cities have escalated dramatically, thus
increasing total compensation to a point that it is out of sync with private industry and is
unsustainable for the cities. Unfortunately the taxpayers, who come from both public
and priVate sectors, are funding this inequity.
The cities' leadership must look beyond political barriers and focus on total
compensation and on workplace practices to contain escalating employee costs. All
parties -city administrators and labor unions -need to negotiate in good faith to
implement lasting, vigorous, sustainable change for our cities:
Findings and Recommendations
Finding 1
The costs of total compensation for employees have grown substantially in the past
decade and now threaten the cities' fiscal stability.
Recommendation 1
All of the cities in the County need to implement measures that will control employee
costs. As a starting point, each city should determine the percentage.· of savings
required from the total compensation package to reach budget stability, and provide
choices of wages and benefits in collective bargaining sessions for the unions to choose
to achieve that percentage goat
19
Finding 2
Salary and wage increases do not reflect changes in economic conditions; e.g. even
with minimal inflation, yearly COLAs are granted with little bearing on the actual
increase in cost of living or market conditions.
Recommendation 2
Cities should not increase salaries and wages that are not supported by planned
revenue increases. Cities should tie COLA increases to clear indicators and retain the
ability to adjust or withhold based on current economic data.
Finding 3
Step increases are arbitrary and do hot adequately represent an employee's added
value to a city. Combined with COLAs, new employees' wages increase quickly and
are not necessarily reflective of improved knowledge and skills.
Recommendation 3
Cities should negotiate step progressions from the current three and a half years to
seven years. Employees should not receive COLA increases while in step progression.
Finding 4
Medical insurance costs for active employees are growing year after year at rates that
exceed most cities' revenue growth, while the employee contribution to medical care is
minimal.
Recommendation 4
Cities should negotiate that employees assume some of these increased costs for their
medical benefits. To contain medical costs cities should consider the following:
A. Split monthly premiums between the city and the employee and increase the
employee's share, jf already cost splitting, and remove any employee caps.
B. Establish reasonable co-pays for doctors' visits, prescription drugs, and in-
patient and out-patient hospital care.
C. Prohibit an employee from being covered by both city-provided medical benefits
and as a dependent of another city employee.
D. Reduce cash-In-lieu payments.
E. Introduce f! new lower premium, high-deductible medical plan.
20
Finding 5
Pension formula changes instituted in the past decade, stock market losses, the aging
"baby boomer" work force, and the growing unfunded pension and OPES liability all
contribute to making retiree pension and health care costs the most problematic and
unsustainable expense the cities are facing. The city contribution to pension plans and
OPESs far exceeds the employee contribution.
Recommendation 5a
Cities should:
1) Renegotiate and make provisions for increasing the employees' contributiOn for
current pension plans.
2) Renegotiate to stop paying the employees' contribution amount to pension plans.
3) Renegotiate to implement a contribution amount for employees to OPES; this
contribution should provide for a reasonable split of costs between a city and the
employee for retiree medical and dental benefits.
Recommendation 5b
Cities should thoroughly investigate reverting to prior pension formulas that were less
costly.
Recommendation 5c
To provide a meaningful, long-term solution, the cities should negotiate agreements to:
1) Institute a two-tier system for pension and retiree health care for new hires.
2) I ncrease the retirement age from 50 or 55 to 60 or 65.
3) Calculate pensions on the last three to five years of salary.
4) Replace current post-employment health care plans with health savings plans.
Finding 6
Public sector employees are granted a generous number of holidays, personal days,
vacation days and sick leave annually. Rules and limits on accrual vary by city and
union, but vacation days and sick leave can be accumulated and converted to cash or
calculated into the pension benefit within those limits.
21
Recommendation 6a
Cities should renegotiate with the bargaining units to 1) reduce vacation time; 2) reduce
the number of holidays and/or personal days; 3} cap sick leave and eliminate the
practice of converting accumulated sick leave to cash or adding into their years of
service for inclusion in their retirement benefit.
Recommendation 6b
Cities should negotiate to substitute paid days off for unpaid days instead of imposing
furloughs. For example, reduce paid holidays to major holidays only, consistent with
private ihdustry; and convert minor holidays to unpaid. Therefore, the public is not
impacted by fewer services caused by furloughs, and the city saves the employee cost.
Finding 7
Cities traditionally determine their compensation packages by surveying the wages and
benefits of other public sector employees in the same geographi~ area. There is major
resistance to comparing themselves or mirroring trends with the private sector. This
has allowed wages and benefits to become artificially high and out of sync with market
trends.
Recommendation 7a
Cities should research competitive hiring practices and alter the approach to determine
fair wages and benefits for each city by using public and private sector data.
Recommendation 7b
Cities should renegotiate salaries and wages using valid market comparisons and not
only the current wage index. Cities should utilize more market-oriented compensation
practices so that salaries can adjust as competition for labor changes. Cities should
reduce entry-level compensation for positions for which there are many qualified
applicants.
Finding 8
All cities perform certain core functions to run smoothly and provide services to their
residents. To reduce employee costs and streamline. operations, the cities are in
various stages of contracting services to private industry or partnering with other cities,
special districts or the County to deliver services.
22
Recommendation 8a
Cities should explore outsourcing some functions and services to private industry.
Cities should discuss the prospect with cities that are successfully doing this to
determine best practices and areas for success. Cities should develop contracts with
measurable objectives, performance goals, and timelines.
Recommendation 8b
Cities should create partnerships with other cities. special districts and/or the County for
services, such as payroll, human resources, animal control, police and fire. Cities
should investigate sharing the cost of new information technology systems.
Finding 9
Cities can gain operational efficiencies and effectiveness with lower employee costs by
. making sure they are staffed with the correct numbers of people in the appropriate job
classification in all departments and work groups.
Recommendation 9
Cities should analyze the functions performed by all job classifications and make
adjustments in the work force. Consolidate functions within the same group or a similar
group. Reassign appropriate work to lower paid job classifications. Eliminate
unnecessary functions.
Finding 10
The San Jose City Auditor identified 88 pOSitions currently being performed by public
safety employees that can be performed by civilian employees at tower costs. The
safety 'employees could be moved to positions that require their expertise and training.
The auditor estimated this could be accomplished in less than 90 days and save
approximately $5 million annually.
Recommendation 10
San Jose should negotiate this suggested transfer with the San Jose Police Officers'
Association and set realistic timeframes to move these safety positions to civilian
positions.
23
Finding 11
In many cities, the contract negotiation process is completed by placing the negotiated
collective bargaining agreements on the consent calendar for approval, which is acted
on quickly at the start of council meetings by a single motion and vote of the council. .
Recommendation 11
Cities should consider holding well-publicized public hearings about the cities' goals of
negotiations before negotiations begin, and again at the end of negotiations to report to
citizens clearly what changes have been made in contracts. .
Finding 12
Current contracts were negotiated in good faith by representatives of the cities and the
bargaining units: they were approved by the city councils. Promises made to employees
were made by elected officials, past and present. Responsibility for formulating and
approving solutions to restore the cities' financial stability resides squarely with our
elected officials. The economic downturn has placed additional pressure on the
situation.
Recommendation 12a
City council members and mayors should become better informed about the fiscal
realities in their cities, long-term costs and commitments, and be cognizant of potential
issues in labor agreements .
. Recommendation 12b
City councils and mayors should direct city administrators to (re)negotiate collective
bargaining agreements th~t reverse the escalation of employee costs through
concessions, cost sharing, and a second tier for new employees.
Recommendation 12c
City councils and mayors should meet with the bargaining units to clearly outline the
cities' financial health and show how employee costs are impacting the budget.
Recommendation 12d
City councils and mayors should inform citizens of their plans for controlling
unsustainable employee costs and remove politics from the equation.
24
Finding 13
Binding arbitration is not open to the public and results in an adversarial process
between the city and employee groups. Binding arbitration limits the ability of city
leaders to craft solutions that work for the city's budget. The process has resulted in
wage and benefit decisions that have been greater than the growth in basic revenue
sources.
Recommendation 13a
. San Jose City Council should make binding arbitration open to the public.
Recommendation 13b
San Jose City Council should prepare a ballot measure asking voters to repeal Section
1111 of the City Charter that addresses binding arbitration.
25
Appendix A
Retirement Information Form Sent to Cities
~C~ity!.:.: ____ .. ___ _
rU.nion NameT tJnion Name
----.. _--
Union Name Union Name Union Na~ _LJllion tta~
i ~--... -~
Current I
Pension Plan
WtQfmul,,) .
Future
Pension Plan
based on
MOU ... _-
Year Future
Plan is
effective ... -f-----~
Current COLA
Future COLA -----. . ... -
based on
! : MOU ... _---... -____ M __________ . __ ._--
Current
Pension
calculated
based on final
year salary, 3 : ,
year average, ,
or other
Future ,
Pension
calculated
based on final
year salary, 3
year average,
or other ~~.-.... .._---_ ...
26
Appendix B
City Contribution Form Sent to Cities
A B C D E F G H r ._--
%of I Current Current
Employee's Amount Amount
City Employee Pension City Employee of of
Contribution Contribution· Contribution Contribution Contribution Pension Pension
to Pension to Pension paid by to OPEB as to OPEB·as that is that is
as'(.of pay as % of pay City' % of pay % of pay Funded Unfunded
Non-Public
... ~' ........
:
Safety
~ployees __
2009
2010 : c--...... .. -
2011 I
2012 I f---------.....
2013 --_. -.. -~--.
2014 .... -~. ........ --~---·-··m-
Police ~-......
2009 I
2010 .... -.. _ ...
2011 --. __ .-
2012 . -_ .. . .. -
2013
2014 .. -~-----.. -.. ··· __ m_
Fire .
...... --.. -'--.-.. -----+------f -----+~--
2009 f-----"2""01C'::0+----I--_m ---+---. ----1-----\------11------+ ..... -.. ---
1------::20"-1:.::1-+----.-.. -----f--.. --
---;g1} --.. ---i----+----I----+ ____ ·+ ____ 1-______ 1
2014 ---t------j------+----j----........ -_ ....... _=c.:..L ___ --'-___ -'--___ '--_
Question; Does City/Employee contribute to Social Security? Yes/No ___ _
'Does the city pay a portiol) of the employee's required share of retirement contribution? If so what is that
percent? ___ _
27
Appendix C
City Information Form Sent to Cities
City of ____ ~ ______ _
CITY INFORMATION
1. What is the population of your city based on the 2000 census? ___ _
2. What is lheestimated current population? ____ _
3. How many total FTE's (Full Time Equivalents) did your city have in 2000/01? ___ _
4. How many total FTE's does your city have now (2009/10)? ___ _
5. How many FTE were in the Police department in 2oo0/01.? Now __ _
6. How many FTE were in the Fire department in 2000/01? ____ Now __ _
7. What was your Total Revenue in fiscal year 2000/01 ___ _
8. What is yourTotal Budgeted Revenue for 2009/10? ___ _
9. What per cent of the General Fund were employee costs with benefits in 2000/01? ___ _
10. What per cent are employee costs of the 2009/10 budget? ..,-...,.-,.,..-_
Employee costs include payroll, retirement benefits, health/dental benefits and other benefits.
11. How much did the city contribute to non-safety Retirements benefits in 2000/01? ___ _
How much did the city contribute to Police/Fire in 2000/01? __ _
12. What is the non-safety Retirement cost for 2009/10? _____ _
What is the Police/Fire Retirement cost for 2009/1 O? -'--____ _
13. How much did the City pay for Health/Dental Benefits in 2000/01? ___ _
14. What is the 2009/10 City cost for Health/Dental Benefits? _____ _
15 .. What was the average monthly premium the City paid for employee Health/Dental Care in 2000?
Individual Family.......,_-;--;-;_
16. What are the current average 'premiums for Health/Dental Care?
Individual Family ____ _
17. What was the median salary for non-safety employees without benefits in 2000? ___ _
With benefits -::_--:
18. 2009/2010 median salary without benefits With benefits ____ _
19. What was the median salary for police employees without benefits in 2000/01? ___ _
With benefits .
20. Current median salary withOut benefits _. With benefits ____ _
21. What was the median salary for fire employees without benefits in 2000? ___ _
With benefits _--;_
22. Current median salary without benefits With benefits ____ _
28
Appendix C -continued
City Information -continued
23. What is the average number of years for your non-safety employees? __ _
What is the average number of years for police?
What is the average number of years for fire emp-,-Io-y-ee-s";:?-_-___ _
24. How many. vacation days, floating' days, holidays, personnel leave days and sick days are
employees entitled to annually?
25. What are the vacation and sick leave accrual and buyout policies?
26. Did you impose any furlough days this year? Y N If yes, which work groups? How many
. people are affected? How often?
27. Prior to entering into each of your current agreements with organized labor, did your city Council,
as part of regular business, encourage public comment in regard to the salaries or benefits being
negotiated? Y N
28. Are the MOU's resulting from contract negotiations typically on the consent calendar when
coming to the City Council for approval? Y N .
29
Appendix 0
Santa Clara' County/Cities Managers' Association Policy Statement on Retirement
Benefits
SCI).\. Mateo Gcn.tv"ttj
c.fttJ M.(;IVI,,&\0tYS AS~()f'..,iutlDv~
PoUcy Statement on LocaJ Government Retirement Benefits
Background
For more than 70 years, the State of California and local governments have offered '.
"defined bemwf' retlremen1 plan to employees. This system provides a guaranteed
annual pension based upon retirement age, salary, and years of servtce. Most, but nat
all, municipalities In California are part 01 !he Public Employees' Retirement System
(PERS).
Over the years, local government retirement costs have risen and fallen based on two
key laClors: Investment returns and the tevel of benefit payments provided to
employees. tn the late 1990's the California legislature enacted significant benefit
enhancements for public employees In the PERS system that were optional for
panicipating loeaf governments. At that time, some ret1rement plans were deemed to be
'super funded" and many local governments edopted benefit enhancement plans. For
example, most public safety personnel are on Ihe "3% @ 50' plan, which provides a
penSion benefit of up to 90% of salary afler 30 years of service as early as age 50.
When 1he retirement system suffered serious investment losses in the ea(ly part of this
decade, Ihese losses, combined with newly approved benefit enhancements, caused
dramatic increases in employer contribution rates. Cities in our two counties have seen
the percentage of their General Fund budget dedicated to PERS costs increase while
Iheir (etilemen1 liability funding had decreased from over the pas1 decade. For
example, in Mountain View, General Fund PERS cOsts have gone from $2.8 million in
FYOO to $7.7 million in FY10; in San Bruno, it has gone from $240,000 to $4 million.
Daly City's percent of the General Fund budget spent on retirement benefits has
increased from 4.3% to 10.4% between FYOO and FY10; in Betmont, it has gone from
.5% to 11.4%. And Campbell has seen its public safety relire,!,enl system fall from
122% funded to 70% funded over ten years.
In the past five years, a number of proposals have been introduced to reform Of
dramatically revise the pubtic pension system in California. In 2004, a task force of the
League of California Cities began an extensive study of the defined benefit system and
proposed reforms. In 2005, the League board of directors accepted a report on pension
reform from the task force as an initial assessment and for consideration in the ongoing
debate of this issue. The report inClUded a number of "general principles' and specifIC
refoml recommendations. To date, no concrete action· has been 1aken by the
legislature"
30
Appendix D -continued
Recently, the city managers of San Diego County have prepared a whITe paper on Ihis
issue calling for a new and lower 'second tier retirement benefit for new hires. Other
manager groups across the state have begun a similar dialogue in recognition that the
costs, of the current system are not sustainable. AdditlonaHy, Governor
Schwarzenegger has proposed retuming p~nsion formulas to 1999 leve!s for new hires
-a move he says will save Ihe state $74 billion through 2040. The City of Sunnyvale
has done a preliminary analysis of a lower tier and has estimated it could save a total of
$44 million over 20 years. The cities of San Cartos and Brisbane have already initiated
a lower, second tier for new hires (among otoor cities stateWide},
While the debate is ong9in9, no dear consensus has [jeen achi~ved on addressing the
high cost of pension benefits and no action appears imminent The city managers of
.Sanla Clara and San Mateo counties believe it is Important to take a proactive stance
on Ihis issue which has long-term implications for Ihe fiscal slabilily of our cities. This
issue is even more important now, given the tremendous losses suffered in the stock
market in Ihe pasl year. AI fiscal year end in June 2009, PERS annual returns were
down 23.4% from the previous year. This is on top of losses of 5.1 % in Fiscal 2008.
PERS assumes a 7.75% gain annually to mainlain its pension obligations. pul cleal1y
there is no guar.antee this rate can be achieved. Based on lhls year's negative returns,
employer rates are expected 10 jump significantly as of July 1, 2011.
Therefore, as a matter of public policy, we endorse the following principles for a revised
pension system.
Guiding Principles
:> Our residents deserve fmcsl pOlicies that preserve !oca! government's ability to meet
community needs, while atlracling competent and molivaled employees to public
service.
> Providing adequate retiremenl benefrts is an imporl2nt part of attrncting and
retaining public employees; this continues, to be an issue as, demographically, there
are fewer young people to' enter lhe public sector. .
};> Current retlrement benefit formulas are not fiscafly sustainable. The costs are
escalating beyond our ability to fund them and diverting limited resources from direel
service delivery to Our commu(lities. In addition, current pension benefits exceed
what private sector employees receive and what is reasonably needed to attract
public employees.
~ Ideally. Ihis situation would be addressed at a statewide level and there would be
consistenl slandards for aiL We cannot, however, afford to wait for a statewide
solution, Therefore, the cities of Santa Clara and San Mateo counties support
2
31
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APPENDIX D -continued
implementation of a reduced and sustainable level 'oF retirement benefits for all new
employees of agencies in the region.
» Each city has different histories, perspectives, and fiscal condmons; a "one size fits
all" approach may not be realistic, but all cities in the region compete for the same
empjoyees'and therefore should move in the same direction to a lower~cost benefit.
~ Each city has the legal duty to meet and confer in good faith with its recognized
bargaining unit representatives concerning changes to existing terms and conditions
of employment
» Every city is committed 10 moving toward a two lIer syslem for all new contracls.
» Any new system or tier should be fair to employees, sustainable for taxpayers and
employers, and based on objeclive acluarial dala.
Acllon Steps
The city manager associations of Sarna ctara County and San Mateo County support
the slatements in this documenl and their members pledge to work with their elected
officials and labor groups to implemenl ils principles: We fudher pledge to work with
other city managers across Ihe slale and Ihe League of Califomia Cities 10 advocale for
changes consislent with Ihis document.
Dave Anderson, SCCCMA Connie Jackson, SMCCMA
Adopted July, 2009
3
32
This report was PASSED and ADOPTED with a concurrence of at least 12 grand jurors
on this 13th day of May, 2010.
~A dL c;:,;cdr Angie M. Cardoza
Foreperson
33
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TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE: JULY 19, 2010 CMR:305:10
REPORT TYPE: CONSENT
SUBJECT: Approval of a Contract with Valley Slurry Seal Co. in the Amount of
$977,577 for the 2010 Street Maintenance Program Slurry Seal and
Microsurfacing 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 Valley Slurry Seal Co. (Attachment A) in an amount not to exceed $977,577 for the
2010 Street Maintenance Program Slurry Seal and Microsurfacing 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 Valley Slurry Seal Co. for related, additional but unforeseen
work which may develop during the project, the total value of which shall not exceed
$97,757.
BACKGROUND
The Public Works Engineering Division manages construction contracts for concrete repair,
preventative 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 2009, the
street resurfacing contracts encompassed approximately nineteen (19) lane miles of asphalt
concrete paving and twenty-five (25) lane miles of preventative maintenance in the form of
slurry seals. The cost of these contracts was approximately $3 million which included $1.1
million received in stimulus funding.
Since 2003, the Public Works Engineering Division has implemented multi-phased resurfacing
projects by bidding one phase for concrete repairs and preparation, a second phase for preventive
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. This typically includes all concrete and
preventative maintenance work which had been included in the asphalt overlay contract. This
contract is the preventive ~aintenance contract.
CMR:305:1O Page 1 of4
DISCUSSION
Project Description
The work included in this project includes preventive maintenance of 30.6 lane miles which
totals 1,035,942 square feet of road receiving a microsurfacing seal and 1,389,400 square feet of
roads receiving a slurry seal. Additionally, the contract will include 688 tons of asphalt road base
repairs and 158,500 lineal feet of crack sealing. This contract also includes thermoplastic
striping work in coordination with the Public Works Operations Division. The preventive
maintenance project already includes a significant amount of striping and with the additional
quantity from the Operations Division Thermoplastic Marking and Striping Capital Improvement
project, the unit price of the striping bid items will decrease. The increased funding of $2
million for the street maintenance program in the adopted 2011 Capital Budget allows staff to
include more streets in this year's preventive maintenance contract. The streets being worked on
are listed in Attachment B: List of Streets. Roadways with significant traffic such as
Embarcadero Road, East Bayshore Road, and Arastradero Road will receive a microseal which is
a new material consisting of small aggregate and a quick setting emulsion that allows traffic on
the surface within a few hours, thus minimizing inconvenience to both residents and drivers.
Alma Street, from Colorado Avenue to Forest Avenue, was planned to be micro sealed as part of
this contract. In a coordination effort with the Utilities Department, the resurfacing of this
portion of Alma Street was removed from this project due to the upcoming Alma Street sewer
main replacement projects. Utilities will include the microsurfacing of Alma Street as part of the
sewer projects to allow the road to be resurfaced immediately following the sewer work. Street
maintenance funding will be used for this street maintenance work. The quantity of microseal in
the contract for Alma Street will be transferred to Sand Hill Road which had been slated to
receive a slurry seal. Microsurfacing is a more substantial maintenance procedure and a faster
drying process which will be less disruptive to Sand Hill Road traffic.
The Arastradero Road improvements include restriping to the new hybrid configuration of four
(4) travel lanes to two (2) to three (3) lanes with left turn pockets in several segments of each
direction on Arastradero Road from EI Camino to Gunn High School near Foothill Expressway.
The street maintenance includes a micro seal, revised bike lanes, striping, and signage based on
plans for Phase 2 of the Charleston -Arastradero Corridor Restriping Project. This street
maintenance work will be phased with the construction of a modified traffic signal at the
intersection of Coulombe Avenue and Arastradero Road. In order to avoid working near Gunn
High School during the school year, the resurfacing and restriping of Arastradero Road will be
completed in two segments. The first segment spans from Foothill Expressway to Terman Drive
and be will be completed in mid August. The second phase, from Terman Drive to EI Camino
Real, will be completed as soon as the new traffic signals are completed. This is expected to be
in mid to late September. The Planning and Transportation Division has done extensive public
outreach with the neighborhood and nearby schools which are supportive of this project. Staff
held ongoing meetings with the Charleston! Arastradero Corridor stakeholder group during the
past several months to develop the striping plan for the project. The project plans were presented
at a community meeting at Juana Briones School on June 15, 2010. An informational fact sheet
was prepared by the City and distributed by stakeholder committee representatives to residents in
CMR:305:10 Page 2 of4
ATTACHMENT A
CONSTRUCTION CONTRACT
Contract No. C11136640
City of Palo Alto
and
Valley Slurry Seal Company
PROJECT:
2010 Street Maintenance Program -Slurry Seal
and Microsurfacing 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
SECTIONS. 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 C11136640 VALLEY SLURRY SEAL.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 Arbitr~tion ....................................................................................................... 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 C11136640 VALLEY SLURRY SEAL.DOC
16.1 .3 Suspend The Construction Contract ......................................................................... 11
16.1.4 Terminate the Construction Contract for Default.. ..................................................... 11
16.1.5 Invoke the Performance Bond ................................................................................... 11
16.1.6 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 C11136640 VALLEY SLURRY SEAL.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 C11136640 VALLEY SLURRY SEAL.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
VALLEY SLURRY SEAL COMPANY ("Contractor"), is made with reference to the following:
RE C IT ALS:
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 293727. 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 June 3, 2010, City issued an Invitation for Bids (lFB) to contractors for the 2010
Street Maintenance Program -Slurry Seal and Microsurfacing 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 ofthe 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 2010 Street Maintenance Program -Slurry Seal and
Microsurfacing Project ("Project").
SECTION 3 THE CONTRACT DOCUMENTS.
3.1 List of Documents.
The Contract Documents (sometimes collectively referred to as "Agreement" or "Bid Documents")
consist of the following documents which are on file with the Purchasing Division and are hereby
incorporated by reference.
1) Change Orders
2) Field Change Orders
3) Contract
4) Project Plans and Drawings
Rev. February 1, 2010
Contract C11136640 VALLEY SLURRY SEAL 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 Utilities 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 C11136640 VALLEY SLURRY SEAL. 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 o not later than
IZl within one hundred twenty calendar days (120) after the commencement date
specified in City's Notice to Proceed.
6.4 Liquidated Damages.
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 COMPENSATION TO CONTRACTOR.
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Contract C 11136640 VALLEY SLU RRY SEAL 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 Nine Hundred Seventy-seven Thousand Five
Hundred Seventy-seven Dollars ($977,577.00).
[gI [This amount includes the Base Bid and all Add Alternates.]
7.2 . Full Compensation.
The Contract Sum shall be full compensation to Contractor for all Work provided by Contractor
and, except as otherwise expressly permitted by the terms of the Contract Documents, shall
cover all Losses arising out of the nature of the Work or from the acts of the elements or any
unforeseen difficulties or obstructions which may arise or be encountered in performance of
the Work until its Acceptance by City, all risks connected with the Work, and any and all
expenses incurred due to suspension or discontinuance of the Work. 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
methodology, 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.
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Contract C11136640 VALLEY SLURRY SEAL.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
requirements 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 C11136640 VALLEY SLURRY SEAL.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 thereof in the United States mail, postage
prepaid, and addressed as hereinafter provided;
(iii) On the date sent if sent by facsimile transmission;
(iv) On the date sent if delivered by electronic mail; or
(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 C11136640 VALLEY SLURRY SEAL.DOC
Rev. February 1, 2010
All notices, demands, requests or approvals from City to Contractor shall be addressed to:
Valley Slurry Seal Company
P.O. Box 981330
West Sacramento, CA 95798
Attn: Alan S. Berger
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 forfeitures prescribed by statute or regulation imposed by a
governmental agency;
(ii) Third party tort claims for personal injury, property damage or death relating
to any Work performed by Contractor or its Subcontractors or Sub-
subcontractors of any tier;
(iii) False claims liability under California Government Code Section 12650, et.
seq.;
(iv) Defects in the Work first discovered by City after Final Payment by City to
Contractor;
(v) Stop notices; or
(vi) The right of City to specific performance or injunctive relief to compel
performance of any provision of the Contract Documents.
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.
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Contract C11136640 VALLEY SLURRY SEAL.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 4.2.10
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
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Contract C11136640 VALLEY SLURRY SEAL.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
the parties 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 resolved 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 C11136640 VALLEY SLURRY SEAL.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 C11136640 VALLEY SLURRY SEAL.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 of the Contract Documents, City may give written notice of default to Contractor in
the manner specified for the giving of notices in the Construction Contract.
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 Defau It.
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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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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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) Immediately discontinue the Work to the extent specified in the notice;
(ii) Place no further orders or subcontracts for materials, equipment, services or facilities,
except as may be necessary for completion of such portion of the Work that is not
discontinued;
(iii) Provide to City a description, in writing no later than fifteen (15) days after receipt of
the notice of termination, of all subcontracts, purchase orders and contracts that are
outstanding, including, without limitation, the terms of the original price, any changes,
payments, balance owing, the status of the portion of the Work covered and a copy of
the subcontract, purchase order or contract and any written changes, amendments or
modifications thereto, together with such other information as City may determine
necessary in order to decide whether to accept assignment of or request Contractor
to terminate the subcontract, purchase order or contract;
(iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions
thereof, that City elects to accept by assignment and cancel, on the most favorable
terms reasonably possible, all subcontracts, purchase orders or contracts, or portions
thereof, that City does not elect to accept by assignment; and
(v) Thereafter do only such Work as may be necessary to preserve and protect Work
already in progress and to protect materials, plants, and equipment on the Project
Site or in transit thereto.
13 Rev. February 1. 2010
Contract C11136640 VALLEY SLURRY SEAL.DOC
SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES.
17.1 Contractor's Remedies.
Contractor may terminate this Construction Contract only upon the occurrence of one of the
following:
17.1.1 For Work Stoppage.
The Work is stopped for sixty (60) consecutive Days, through no act or fault of
Contractor, any Subcontractor, or any employee or agent of Contractor or any
Subcontractor, due to issuance of an order of a court or other public authority other
than City having jurisdiction or due to an act of government, such as a declaration of a
national emergency making material unavailable. This provision shall not apply to any
work stoppage resulting from the City's issuance of a suspension notice issued either
for cause or for convenience.
17.1.2 For City's Non-Payment.
If City does not make pay Contractor undisputed sums within ninety (90) Days after
receipt of notice from Contractor, Contractor may terminate the Construction Contract
(30) days following a second notice to City of Contractor's intention to terminate the
Construction Contract.
17.2 Damages to Contractor.
In the event of termination for cause by Contractor, City shall pay Contractor the sums
provided for in Paragraph 16.5.1 above. Contractor agrees to accept such sums as its sole
and exclusive compensation and agrees to waive any claim for other compensation or Losses,
including, but not limited to, loss of antiCipated profits, loss of revenue, lost opportunity, or
other consequential, direct, indirect and incidental damages, of any kind.
SECTION 18 ACCOUNTING RECORDS.
18.1 Financial Management and City Access.
Contractor shall keep full and detailed accounts and exercise such controls as may be
necessary for proper financial management under this Construction Contract in accordance
with generally accepted accounting prinCiples and practices. City and City's accountants
during normal business hours, may inspect, audit and copy Contractor's records, books,
estimates, take-offs, cost reports, ledgers, schedules, correspondence, instructions, drawings,
receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this
Project. Contractor shall retain these documents for a period of three (3) years after the later
of (i) final payment or (ii) final resolution of all Contract Disputes and other disputes, or (iii) for
such longer period as may be required by law.
18.2 Compliance with City Requests.
Contractor's compliance with any request by City pursuant to this Section 18 shall be a
condition precedent to filing or maintenance of any legal action or proceeding by Contractor
against City and to Contractor's right to receive further payments under the Contract
Documents. City many enforce Contractor's obligation to provide access to City of its
business and other records referred to in Section 18.1 for inspection or copying by issuance
of a writ or a provisional or permanent mandatory injunction by a court of competent
jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony.
SECTION 19 INDEPENDENT PARTIES.
Each party is acting in its independent capacity and not as agents, employees, partners, or joint
venturers of the other party. City, its officers or employees shall have no control over the conduct of
Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein
set forth.
14 Rev. February 1, 2010
Contract C11136640 VALLEY SLURRY SEAL.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.
D 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
[gJ 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 1773 of the Labor Code of the State of California, the City
Council has obtained the general prevailing rate of per diem wages and the general rate for holiday
and overtime work in this locality for each craft, classification, or type of worker needed to execute the
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,
15 Rev. February 1, 2010
Contract C11136640 VALLEY SLURRY SEAl.DOC
1777.5,1810, and 1813 of the Labor Code.
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 and 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.
16 Rev. February 1. 2010
Contract C11136640 VALLEY SLURRY SEAL.DOC
IN WITNESS WHEREOF. the parties have caused this Construction Contract to be executed
the date and year first above written.
CITY OF PALO ALTO
o Purchasing Manager ·IZI City Manager
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Public Works Director
Contract C11136640 VALLEY SLURRY SEAL.DOC
CONTRACTOR:
VALLEY SLURRY SEAL COMPANY
8y: ____________ _
Name: ____________ _
Title: ____________ _
17 Rev. February 1, 2010
IFB 136640 2010 STREET MAINTENANCE PROGRAM
SLURRY SEAL AND
MICROSURFACING PROJECT
ATTACHMENT B:
LIST OF STREETS
STREET FROM TO
1 Arastradero Road Foothill Expressway El Camino Real
2 Arbutus Avenue Thornwood Drive Talisman Drive
3 Arbutus Avenue Talisman Drive Driftwood Avenue
4 Arbutus Avenue Driftwood Avenue East Meadow Drive
5 Aspen Wav East Meadow Drive Evergreen Drive
6 Brvant Street El Carmelo Avenue East Meadow Drive
7 Cambridge Avenue El Camino Real Yale Street
8 Christine Drive Ross Road Middlefield Road
9 Corina Wav Ross Road Nathan Way
10 Corina Court Corina way End
11 Donald Drive Georgia Avenue Arastradero Road
12 Driftwood Avenue Arbutus Avenue Lupine Avenue
13 Driftwood Avenue Lupine Avenue Evergreen Drive
14 East Bayshore Road City limit Embarcadero Road
15 East Meadow Drive Alma Street Waverley Street
16 East Meadow Drive Middlefield Road Louis Road
17 Embarcadero Road Embaracdero Way Landfill gate
18 Evergreen Drive Thornwood Drive Talisman Drive
19 Evergreen Drive Talisman Drive A~nWl!Y
20 Evergreen Drive Aspen Way Driftwood Avenue
21 Evergreen Drive Driftwood Avenue End
22 Fabian Street East Charleston Avenue San Antonio Road
23 Grove A venue East Meadow Drive Mayview Avenue
24 Grove Avenue Mayview Avenue Grove Court
25 Grove Avenue Grove Court Gaiten Avenue
26 Grove Court Grove Avenue End
27 Louis Road Oregon Expressway Lorna Verde Avenue
28 Louis Road East Meadow Drive East Charleston Avenue
29 Lupine Avenue Talisman Drive Driftwood Avenue
30 Mavview Avenue Middlefield Road Grove Avenue
31 Mayview Avenue Grove Avenue Ross Road
32 Nathan Way Corina Way Nathan Court
33 Nathan Way Nathan Court Ross Road
34 Nathan Court Nathan Way End
35 Ross Road East Meadow Drive Nathan Way
36 Sand Hill Road El Camino Real San Franci~uito Creek
37 Staunton Court College Avenue Oxford Avenue
38 Stanford Avenue Hanover Street Yale Street
39 Talisman Drive Ross Road Arbutus Avenue
40 Talisman Drive Arbutus Avenue Lupine Avenue
41 Talisman Drive Lupine Avenue Evergreen Drive
42 Talisman Court Ross Road End
43 Thornwood Drive Talisman Drive Evergreen Drive
44 Wellesley Street Stanford Avenue Cameron Park
45 West Greenwich Newell Road End
46 Willmar Drive Donald Drive Arastradero Road
47 Yale Street Cambridge Avenue California Avenue
48 Yale Street Stanford Avenue Oxford Avenue
IFB 136640 2010 STREET MAINTENANCE PROGRAM: ATTACHMENT C:
SLURRY SEAL AND MICROSURFACING PROJECT BID SUMMARY
ITEM # BASE BID DESCRIPTION QUANTITY UNITS ENGINEER'S ESTIMATE VALLEY SLURRY SEAL GRAHAM CONTRACTORS, INTERMOUNTAIN SLURRY
COMPANY INC. SEAL,INC.
1 Type II Slony Seal 1,389,400 SF $ 0.10 $ 138,940.00 $ 0.119 $ 165,338.60 $ 0.177 $ 245,923.80 $ 0.15 $ 208,410.00
2 Micro-swfacing 1,035,942 SF $ 0.27 $ 279,704.34 $ 0.18 $ 186,469.56 $ 0.226 $ 234,122.89 $ 0.18 $ 186,469.56
3 AC Base Repair 688 TON $ 142.00 $ 97,696.00 $ 141.00 $ 97,008.00 $ 180.00 $ 123,840.00 $ 210.00 $ 144,480.00
4 Crack Sealing 158,500 LF $ 0.33 $ 52,305.00 $ 0.47 $ 74,495.00 $ 0.41 $ 64,985.00 $ 0.70 $ 110,950.00
5 Therrnplastic Striping, Detail 2 8,803 LF $ 2.50 $ 22,007.50 $ 0.78 $ 6,866.34 $ 0.42 $ 3,697.26 $ 0.43 $ 3,785.29
6 Therrnplastic Striping, Detail 9 16.700 LF $ 2.50 $ 41,750.00 $ 0.42 $ 7,014.00 $ 0.42 $ 7,014.00 $ 0.43 $ 7,181.00
7 Therrnplastic Striping, Detail 21 25,724 LF $ 1.20 $ 30,868.80 $ 1.20 $ 30,868.80 $ 0.84 $ 21,608.16 $ 0.86 $ 22,122.64
8 Therrnplastic Striping, Detail 22 17,240 LF $ 2.00 $ 34,480.00 $ 1.47 $ 25,342.80 $ 0.90 $ 15,516.00 $ 0.92 $ 15,860.80
9 Therrnplastic Striping, Detail27B 11,004 LF $ 2.00 $ 22,008.00 $ 0.42 $ 4,621.68 $ 0.42 $ 4,621.68 $ 0.43 $ 4,731.72
10 Therrnplastic Striping, Detail38A 6,850 LF $ 3.00 $ 20,550.00 $ 0.84 $ 5,754.00 $ 0.84 $ 5,754.00 $ 0.86 $ 5,891.00
11 Therrnplastic Striping, Detail 39/39A 69,108 LF $ 0.50 $ 34,554.00 $ 0.63 $ 43,538.04 $ 0.63 $ 43,538.04 $ 0.65 $ 44,920.20
12 Therrnplastic Striping, 4" white 2,700 LF $ 1.50 $ 4,050.00 $ 1.47 $ 3,969.00 $ 1.00 $ 2,700.00 $ 1.03 $ 2,781.00
13 Therrnplastic Striping, 4" yellow 200 LF $ 1.50 $ 300.00 $ 2.10 $ 420.00 $ 1.00 $ 200.00 $ 1.03 $ 206.00
14 Therrnplastic Striping, 12" yellow 3,700 LF $ 3.00 $ 11,100.00 $ 4.20 $ 15,540.00 $ 3.00 $ 11,100.00 $ 2.86 $ 10,582.00
15 Therrnplastic Striping, 12" white 6,944 LF $ 2.00 $ 13,888.00 $ 3.15 $ 21,873.60 $ 3.00 $ 20,832.00 $ 2.86 $ 19,859.84
16 Therrnplastic Striping, Detail 29 4,200 LF $ 6.00 $ 25,200.00 $ 2.60 $ 10,920.00 $ 2.00 $ 8,400.00 $ 1.94 $ 8,148.00
17 Therrnplastic Striping, Detail 38 1,740 LF $ 3.00 $ 5,220.00 $ 1.05 $ 1827.00 $ 0.90 $ 1,566.00 $ 0.92 $ 1,600.80
18 Blue Markers 100 EA $ 25.00 $ 2,500.00 $ 8.40 $ 840.00 $ 16.00 $ 1,600.00 $ 16.20 $ 1,620.00
19 Therrnplastic Legends 1,406 EA $ 22.00 $ 30,932.00 $ 25.20 $ 35,431.20 $ 16.00 $ 22,496.00 $ 16.20 $ 22,777.20
20 Reevcle Inert Construction Material 688 TON $ 5.00 $ 3,440.00 $ 9.40 $ 6,467.20 $ 6.00 $ 4,128.00 $ 10.80 $ 7,430.40
21 Project notifications I LS $ 5,800.00 $ 5,800.00 $ 4,000.00 $ 4,000.00 $ 5,000.00 $ 5,000.00 $ 35,000.00 $ 35,000.00
22 Traffic Control I LS $ 22,250.00 $ 22,250.00 $ 36,300.18 $ 36,300.18 $ 135,000.00 $ 135,000.00 $ 120,000.00 $ 120,000.00
BASE BID TOTAL $ 899,543.64 $ . Z.84,905.00 ---$ 983,642.83 $ 984,807.45
ITEM # ADD ALT #1 DESCRIPTION QUANTITY UNITS ENGINEER'S ESTIMATE VALLEY SLURRY SEAL GRAHAM CONTRACTORS, INTERMOUNTAIN SLURRY
COMPANY INC. SEAL,INC.
I Type II Siony Seal 436,000 SF $ 0.10 $ 43,600.00 $ 0.116 $ 50576.00 $ 0.177 $ 77,172.00 $ 0.16 $ 69,760.00
2 AC Base Repair 450 TON $ 142.00 $ 63,900.00 $ 147.00 $ 66,150.00 $ 180.00 $ 81,000.00 $ 170.00 $ 76,500.00
3 Crack Sealing 20,000 LF $ 0.33 $ 6,600.00 $ 0.47 $ 9,400.00 $ 0.41 $ 8,200.00 $ 0.84 $ 16,800.00
4 Therrnplastic Striping, Detail 8 17,200 LF $ 1.50 $ 25,800.00 $ 0.42 $ 7,224.00 $ 0.42 $ 7,224.00 $ 0.84 $ 14,448.00
5 Therrnplastic Striping, Detail27B 1,700 LF $ 2.00 $ 3,400.00 $ 0.42 $ 714.00 $ 0.42 $ 714.00 $ 0.45 $ 765.00
6 Therrnplastic Striping, Detai139/39A 17,200 LF $ 0.50 $ 8,600.00 $ 0.63 $ 10,836.00 $ 0.63 $ 10,836.00 $ 0.65 $ 11,180.00
7 Therrnplastic Striping, 4" yellow 17,200 LF $ 1.50 $ 25,800.00 $ 1.05 $ 18,060.00 $ 0.42 $ 7,224.00 $ 0.45 $ 7,740.00
8 Therrnplastic Striping, 12" white 2,400 LF $ 2.00 $ 4,800.00 $ 3.15 $ 7,560.00 $ 3.00 $ 7,200.00 $ 2.65 $ 6,360.00
9 Therrnplastic Legends 110 EA $ 22.00 $ 2,420.00 $ 25.20 $ 2,772.00 $ 16.00 $ 1,760.00 $ 16.50 $ 1,815.00
10 Traffic Control I LS $ 2,500.00 $ 2,500.00 $ 13,150.00 $ 13,150.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00
11 Project notifications I LS $ 500.00 $ 500.00 $ 2,000.00 $ 2,000.00 $ 5,000.00 $ 5,000.00 $ 3,000.00 $ 3,000.00
12 Recycle Inert Construction Material 450 TON $ 5.00 $ 2250.00 $ 9.40 $ 4,230.00 $ 6.00 $ 2,700.00 $ 3.00 $ 1,350.00
ADD ALTERNATE #1 TOTAL $ 190,170.00 $ 192,672.00 $ 234,030.00 $ 234,718.00
~ ----_._----------------TOTAL: $ 1,089,713.64 TOTAL: $ 9.77,577.00 TOTAL: $ 1,217,672.83 TOTAL: $ 1,219,525.45
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
EXPRESSING APPRECIATION TO ROBERT WARD
UPON HIS RETIREMENT WHEREAS, Robert Ward has served the City of Palo Alto for the past twenty nine years from 1981 through June 2010; and WHEREAS, Robert Ward has made significant contributions to the City of Palo Alto in Community Services starting as a Park Maintenance Assistant, Park Maintenance Lead, Field Inspector, Park Supervisor, and most recently as the Division Manager for the Open Space, Parks and Golf Division; and WHEREAS, Robert Ward is recognized by his peers, City Staff, and the community for his professionalism, knowledge and for providing the community with outstanding programs and services; and WHEREAS, Robert Ward is recognized for creating and implementing maintenance programs and services that keep our City parks, playgrounds, athletic fields, tennis courts, landscaped areas, and school athletic fields clean, safe, esthetically pleasing for visitors, and that provide a consistently positive experience; for developing and implementing a comprehensive employee safety program through “tailgate training” meetings; and for implementing a series of innovative water management strategies that have significantly reduced water usage in parks; and WHEREAS, Robert Ward is well known for his expertise in the maintenance of the Lawn Bowling Green, sport playing turf, and school athletic fields and for implementing significant capital improvements to the City’s and School District’s fields over the past eleven years; and WHEREAS, Robert Ward has been an exemplary manager, trainer, devoted park manager and dedicated steward to the natural resources of the City. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Palo Alto hereby gratefully records its appreciation, as well as the appreciation of the citizens of this community, for the outstanding public service rendered by Robert Ward, along with our best wishes for a rewarding and fulfilling life during retirement. INTRODUCED AND PASSED: JULY 19, 2010
ATTEST: APPROVED: _______________________ _______________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: _______________________ _______________________ City Attorney City Manager
TO:
FROM:
DATE:
REPORT TYPE:
SUBJECT:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: PUBLIC WORKS
JULY 19,2010 CMR:311:10
CONSENT
Approval of a Contract with Granite Construction Company in the
Amount of $2,226,227 for the 2010 Street Maintenance Program
Asphalt Overlay 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 Granite Construction Company (Attachment A) in an amount not to exceed
$2,226,227 for the 2010 Street Maintenance Program Asphalt Overlay 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 Granite Construction Company for related, additional but
unforeseen work which may develop during the project, the total value of which shall not
exceed $222,623.
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 2009, 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.
The cost of these contracts was approximately $3 million which included $1.1 million received
in stimulus funding.
Since 2003, the Public Works Engineering Division has implemented multi-phased resurfacing
projects by bidding one phase for concrete repairs and preparation, a second phase for preventive
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. This typically included all concrete and
preventive maintenance work which had been· included in the asphalt overlay contract. This
contract is for the asphalt overlay project.
CMR:311:10 Page 1 of 4
DISCUSSION
Proj ect Description
The work included in this project includes repaving maintaining 10 lane miles which totals
788,890 square feet of roads. Additionally, the project scope includes more than 9,000 lineal
feet of new or repaired curb and gutter. The increased funding of approximately $2 million for
the street maintenance program in the adopted 2011 Capital Budget allows staff to complete the
final phase of paving for the College Terrace Targeted Works Zone this year. Attachment B:
List of Streets, details the streets proposed to be resurfaced as part of this contract. This list
includes many backlog streets and also some streets that will require all new curb and gutter.
Streets that will be receiving all new curb and gutter are Pitman Avenue, Chimalus Drive, and
Tippawingo Street.
North California Avenue will be receiving traffic calming measures as part of this contract.
These calming measures include new speed tables, new share the road with bicycle striping
legends and new signage. The Transportation Division has done extensive public outreach with
the neighborhood and nearby schools which are supportive of this project.
During the design phase, Public Works Engineering staff conducted neighborhood meetings with
the residents of Pitman Avenue in the Crescent Park neighborhood and the residents of Chimalus
Drive and Tippawingo Street in the Barron Park Neighborhood. Due to the poor condition of the
existing concrete on Pitman Avenue, a full reconstruction of the curb and gutter is needed. Staff
organized a meeting in the home of a resident in order to offer the residents the option of
switching to vertical curb and gutter or keeping the existing rolled curb and gutter. Following a
presentation and a discussion of the options, the residents unanimously voted to switch to
vertical curb and gutter. A similar situation occurred in Barron Park with the new valley gutters
proposed for Chimalus Drive and Tippawingo Street. In accordance with the Barron Park
Guidelines, a public meeting is required to approve the installation of the valley gutters. The 30
-40 meeting attendees unanimously agreed to the proposed improvements.
As a result of the City's monthly project coordination meetings, all streets have been coordinated
with the various departments to minimize cutting newly resurfaced streets. Extensive public
outreach will be conducted during the construction phase to inform the community step by step
throughout the process.
Bid Process
On June 8, 2010, a notice inviting formal bids for the 2010 Street Maintenance Program Asphalt
Overlay Project was posted at City Hall, and was sent to twelve (12) builder's exchanges and
seven (7) contractors. The bidding period was 21 calendar days. Bids were received from five
(5) qualified contractors on June 29, 2010 as listed on the attached Bid Summary
(Attachment C).
CMR:311:10 Page 2 of4
Summary of Bid Process
Bid NamelNumber 2010 Street Maintenance Program Asphalt Overlay
Project
Proposed Length of Project 120 calendar days
Number of Bid Packages Mailed to 7 Contractors
Number of Bid Packages Mailed to 12 Builder's Exchanges
Total Days to Respond to Bid 21
Pre-Bid Meeting? No
Number of Bids Received: 5
Bid Price Range From a low of$2,638,100 to a high of$3,214,431 (base bid plus 3 alternates)
Bids ranged from a high of$3,214,431 to a low bid of$2,638,100 and ranged from 12 % above
to 5 % below the engineer's estimate. Staff has reviewed all bids submitted and found that the
bid totaling $2,638,100 submitted by Granite Construction Company was the lowest and that
Granite Construction Company be declared the lowest responsible bidder. Staff recommends
awarding the base bid and add alternate #3 for a contract total of $2,226,227. Add Alternate #3
was selected because it is the least expensive add alternate and it includes two streets in very
poor condition. The two streets included in Add Alternate #3 are Nita Avenue, which received a
zero pavement condition index (PCI) score on the last inspection, and Middlefield Road
between the southern City limit and San Antonio Avenue which is a very busy segment very
much in need of resurfacing. Add alternates 1 & 2 are not recommended due to budget
constraints. The change order amount of$222,623, which equals 10 percent of the total contract,
is requested for related, additional, but unforeseen work which may develop during the project.
The lowest responsible bidder, Granite Construction Company, has not recently worked with the
city on paving projects. However, staff investigated the references and found no significant
complaints. Staff also checked with the Contractor's State License Board and found that the
contractor has an active license on file.
RESOURCE IMPACT
Funds for this project are included in the FY 2011 Capital Improvement Program Street
Maintenance Project, PE-86070.
ENVIRONMENTAL REVIEW
This project is categorically exempt from the California Environmental Quality Act (CEQA)
under Section 15301c of the CEQA Guidelines as repair, maintenance and/or minor alteration of
the existing facilities and no further environmental review is necessary.
ATTACHMENTS
Attachment A: Contract
Attachment B: List of Streets
Attachment C: Bid Summary
CMR:311:10 Page 3 of4
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
i
Contract C11137021 GRANITE CONSTRUCTION COMPANY.DOC
Rev. February 1, 2010
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 Contract C11137021 GRANITE CONSTRUCTION COMPANY.DOC
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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 COM PLETE AGREEM ENT .............................................................................. 15
SECTION 25 SURVIVAL OF CONTRACT ............................................................................. 15
SECTION 26 PREVAILING WAGES ...................................................................................... 15
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SECTION 27 NON APPROPRIATION ................................................................................... 16
SECTION 28 GOVERNMENTAL POWERS .......................................................................... 16
SECTION 29 ATTORNEY FEES .............•....................................•.....................................•... 16
SECTION 30 SEVERABILITY ......................................................... ~ ...................................... 16
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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
GRANITE CONSTRUCTION COMPANY ("Contractor"), is made with reference to the following:
R E C IT ALS:
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 89. 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 June 8,2010, City issued an Invitation for Bids (IFB) to contractors for the 2010
Street Maintenance Program Asphalt Overlay Project ("Project"). In response to the IFB,
Contractor submitted a bid.
D. City and Contractor desire to enter into this Construction Contract for the Project, and
other services as identified in the 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 2010 Street Maintenance Program Asphalt Overlay Project
("Project").
SECTION 3 THE CONTRACT DOCUMENTS.
3.1 List of Documents.
The Contract Documents (sometimes collectively referred to as "Agreement" or "Bid Documents")
consist of the following documents which are on file with the Purchasing Division and are hereby
incorporated by reference.
1) Change Orders
2) Field Change Orders
3) Contract
, 1 Rev. February 1, 2010
Contract C11137021 GRANITE CONSTRUCTION COMPANY.DOC
4) Project Plans and Drawings
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 Utilities 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
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Contract C11137021 GRANITE CONSTRUCTION COMPANY.DOC
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members of the Project Team and other contractors retained by City to construct other portions of the
Project.
SECTION 6 TIME OF COMPLETION.
6.1 Time Is of Essence.
Time is of the essence with respect to all time limits set forth in the Contract Documents.
6.2 Commencement of Work.
Contractor shall commence the Work on the date specified in City's Notice to Proceed.
6.3 Contract Time.
Work hereunder shall begin on the date specified on the City's Notice to Proceed and shall be
completed
[gI not later than
D within one hundred and fifty calendar days (150) after the commencement date
specified in City's Notice to Proceed.
6.4 Liquidated Damages.
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 COMPENSATION TO CONTRACTOR.
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7.1 Contract Sum.
Contractor shall be compensated for satisfactory completion of the Work in compliance with
the Contract Documents the Contract Sum of Two Million Two Hundred Twenty-six Thousand
Two Hundred Twenty-seven and 22/100 Dollars ($2,226,227.22).
IXI [This amount includes the Base Bid and Add Alternates No.3.]
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
methodology, 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.
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SECTION 9 INDEM NIFICATION.
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
requirements 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
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Contract C11137021 GRANITE CONSTRUCTION COMPANY. DOC
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control of Contractor, shall be construed as an assignment of this Construction Contract. Control
means more than fifty percent (50%) of the voting power of the corporation or other entity.
SECTION 13 NOTICES.
13.1 Method of Notice.
All notices, demands, requests or approvals to be given under this Construction Contract shall
be given in writing and shall be deemed served on the earlier of the following:
(i) . On the date delivered if delivered personally;
(ii) On the third business day after the deposit thereof in the United States mail, postage
prepaid, and addressed as hereinafter provided;
(iii) On the date sent if sent by facsimile transmission;
(iv) On the date sent if delivered by electronic mail; or
(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
Copy to:[gj City of Palo Alto
Public Works
Administration
250 Hamilton Avenue
Palo Alto, CA 94301
Attn: Elizabeth Ames
Or
o 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 C11137021 GRANITE CONSTRUCTION COMPANY.DOC
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All notices, demands, requests or approvals from City to Contractor shall be addressed to:
Granite Construction Company
P.O. Box 50085
Watsonville, CA 95076
Attn: Hassan Bitar
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 forfeitures prescribed by statute or regulation imposed by a
governmental agency;
(ii) Third party tort claims for personal injury, property damage or death relating
to any Work performed by Contractor or its Subcontractors or Sub-
subcontractors of any tier;
(iii) False claims liability under California Government Code Section 12650, et.
seq.;
(iv) Defects in the Work first discovered by City after Final Payment by City to
Contractor;
(v) Stop notices; or
(vi) The right of City to specific performance or injunctive relief to compel
performance of any provision of the Contract Documents.
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.
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Contract C11137021 GRANITE CONSTRUCTION COMPANY.DOC
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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
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Contract C11137021 GRANITE CONSTRUCTION COMPANY. DOC
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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
the parties 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 resolved 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 C11137021 GRANITE CONSTRUCTION COMPANY.DOC
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.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.
10 Contract C11137021 GRANITE CONSTRUCTION COMPANY.DOC
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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 of the Contract Documents, City may give written notice of default to Contractor in
the manner specified for the giving of notices in the Construction Contract.
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 shortertime 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.
11 Contract C11137021 GRANITE CONSTRUCTION COMPANY.DOC
Rev. February 1,2010
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.
12
Contract C11137021 GRANITE CONSTRUCTION COMPANY. DOC
Rev. February 1, 2010
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) Immediately discontinue the Work to the extent specified in the notice;
(ii) Place no further orders or subcontracts for materials, equipment, services or facilities,
except as may be necessary for completion of such portion of the Work that is not
discontinued;
(iii) Provide to City a description, in writing no later than fifteen (15) days after receipt of
the notice of termination, of all subcontracts, purchase orders and contracts that are
outstanding, including, without limitation, the terms of the original price, any changes,
payments, balance owing, the status of the portion of the Work covered and a copy of
the subcontract, purchase order or contract and any written changes, amendments or
modifications thereto, together with such other information as City may determine
necessary in order to decide whether to accept assignment of or request Contractor
to terminate the subcontract, purchase order or contract;
(iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions
thereof, that City elects to accept by assignment and cancel, on the most favorable
terms reasonably possible, all subcontracts, purchase orders or contracts, or portions
thereof, that City does not elect to accept by assignment; and
(v) Thereafter do only such Work as may be necessary to preserve and protect Work
already in progress and to protect materials, plants, and equipment on the Project
Site or in transit thereto.
13
Contract C11137021 GRANITE CONSTRUCTION COMPANYDOC
Rev. February 1, 2010
SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES.
17.1 Contractor's Remedies.
Contractor may terminate this Construction Contract only upon the occurrence of one of the
following:
17.1.1 For Work Stoppage.
The Work is stopped for sixty (60) consecutive Days, through no act or fault of
Contractor, any Subcontractor, or any employee or agent of Contractor or any
Subcontractor, due to issuance of an order of a court or other public authority other
than City having jurisdiction or due to an act of government, such as a declaration of a
national emergency making material unavailable. This provision shall not apply to any
work stoppage resulting from the City's issuance of a suspension notice issued either
for cause or for convenience.
17.1.2 For City's Non-Payment.
If City does not make pay Contractor undisputed sums within ninety (90) Days after
receipt of notice from Contractor, Contractor may terminate the Construction Contract
(30) days following a second notice to City of Contractor's intention to terminate the
Construction Contract.
17.2 Damages to Contractor.
In the event of termination for cause by Contractor, City shall pay Contractor the sums
provided for in Paragraph 16.5.1 above. Contractor agrees to accept such sums as its sole
and exclusive compensation and agrees to waive any claim for other compensation or Losses,
including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or
other consequential, direct, indirect and incidental damages, of any kind.
SECTION 18 ACCOUNTING RECORDS.
18.1 Financial Management and City Access.
Contractor shall keep full and detailed accounts and exercise such controls as may be
necessary for proper financial management under this Construction Contract in accordance
with generally accepted accounting principles and practices. City and City's accountants
during normal business hours, may inspect, audit and copy Contractor's records, books,
estimates, take-offs, cost reports, ledgers, schedules, correspondence, instructions, drawings,
receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this
Project. Contractor shall retain these documents for a period of three (3) years after the later
of (i) final payment or (ii) final resolution of all Contract Disputes and other disputes, or (iii) for
such longer period as may be required by law.
18.2 Compliance with City Requests.
Contractor's compliance with any request by City pursuant to this, Section 18 shall be a
condition precedent to filing or maintenance of any legal action or proceeding by Contractor
against City and to Contractor's right to receive further payments under the Contract
Documents. City many enforce Contractor's obligation to provide access to City of its
business and other records referred to in Section 18.1 for inspection or copying by issuance
of a writ or a provisional or permanent mandatory injunction by a court of competent
jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony.
SECTION 19 INDEPENDENT PARTIES.
Each party is acting in its independent capacity and not as agents, employees, partners, or joint
venturers of the other party. City, its officers or employees shall have no control over the conduct of
Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein
set forth.
14 Contract C11137021 GRANITE CONSTRUCTION COMPANY. DOC
Rev. February 1, 2010
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.
o 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
~ 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 1773 of the Labor Code of the State of California, the City
Council has obtained the general prevailing rate of per diem wages and the general rate for holiday
and overtime work in this locality for each craft, classification, or type of worker needed to execute the
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,
15
Contract C11137021 GRANITE CONSTRUCTION COMPANY. DOC
Rev. February 1, 2010
CITY OF PALO ALTO
D Purchasing Manager
[gI City Manager
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Public Works Director
CONTRACTOR:
GRANITE CONSTRUCTION COMPANY
8y: ____________ _
Name: ---------------
Title: _____________ _
17
Contract C11137021 GRANITE CONSTRUCTION COMPANYDOC
Rev. February 1, 2010
IFB 137021 2010 STREET MAINTENANCE PROGRAM: ATTACHMENT B:
ASPHALT OVERLAY PROJECT LIST OF STREETS
STREET FROM TO
1 Amaranta Court Amaranta Avenue End
2 Bryant Street EI Carmelo End
3 Chimalus Drive End Matadero Avenue
4 Tippawingo Avenue Matadero Avenue Chimalus Drive
5 College Avenue Princeton Street Cornell Street
6 College Avenue Cornell Street Wellesley Street
7 College Avenue Yale Street Williams Street
8 College Avenue Williams Street Wellesley Street
9 College Avenue EI Camino Real Staunton Court
10 College Avenue Staunton Court Yale Street
11 Cornell Street Stanford Avenue College Avenue
12 Cornell Street College Avenue California Avenue
13 East Greenwich Newell Road End
14 Encina Avenue EI Camino Real End
15 Lorna Verde Flowers Lane Middlefield Road
16 Middlefied Road City Limit San Antonio Avenue
17 Newell Road Southampton Drive N.California Avenue
18 Nita Avenue San Antonio Ramp E San Antonio Avenue
19 N. California Avenue Middlefield Road Newell Road
20 Oxford Avenue Yale Street Staunton Court
21 Oxford Avenue Staunton Court EI Camino Real
22 Pepper Avenue EI Camino Real Ash Street
23 Pitman Avenue Lincoln Avenue Center Drive
24 Portal Place Middlefield Road Northampton Drive
25 Princeton Street Stanford Avenue College Avenue
26 Princeton Street College Avenue California Avenue
27 Ramona Street Colorado Avenue End
28 Ramona Street EI Carmelo End
29 Wellesley Street Cameron Park College Avenue
30 Wellesley Street College Avenue Mayfield Park
31 Wellesley Street Mayfield Park California Avenue
32 Williams Street Stanford Avenue College Avenue
33 Williams Street College Avenue California Avenue
34 Yale Street Stanford Avenue College Avenue
35 Yale Street College Avenue California Avenue
36 City Parking Lot Cubberley Community Center
IFB 137021
ITEM # BASE BID DESCRIPTION QUANTITY
1 AC Overlay 2"-3", 112" max, Type A 9,781
2 PCC Base Repair 5,500
3 AC Leveling course. 3/8" max 1,238
4 AC Base Repair 440
5 AC Milling, 2"-3.5" 760,074
6 Remove and Replace AC Driveways 12,000
7 Interlayer membrane 18,000
8 Crack Sealant 28,500
9 Adjust utility box to grade 159
10 Adjust manhole to grade 27
11 Blue Pavement Marker 33
12 Thermoplastic Striping, Detai121 1,030
13 Thermoplastic Striping, Detail 39/39A 2,200
14 Thermoplastic Striping, 4" white 6,000
15 Thermoplastic Striping, 12" yellow 750
16 Thermoplastic Striping, 12" white 840
17 Thermoplastic Legends 154
18 Remove and Replace Type A Vertical Curb and Gutter 3,300
19 Remove and Replace Type B 3' Rolled Curb and Gutter 1,400
20 Install new 3' Valley Gutter (Barron Park Standard) 4,250
21 Asphalt Concrete Speed Hump 2
22 Traffic Calming on N.Califomia 1
23 City standard curb ramp, typical 4
24 Install detectable warning surface 37
25 Remove and replace concrete sidewalk 550
26 Remove and replace concrete driveway 7900
27 Traffic Signal Detector Loops 186
28 Reset Catch Basin 11
29 Recycle Inert Construction Material 8,942
30 Trim Street Trees (80 hours max) 80
31 Traffic Control 1
32 Project notifications I
BASE BID TOTAL
ITEM # ADD ALT # 1 DESCRIPTION QUANTITY
1 AC Overlay 2"-3", 112" max, Type A 1,377
2 AC Milling, 2"-3.5" 104,920
3 Adjust utility box to grade 38
4 Adjust manhole to grade 13
5 Blue Pavement Marker 10
6 Thermoplastic Striping, 12" white 250
7 Thermoplastic Legends 24
8 Remove and Replace Type A Vertical Curb and Gutter 400
9 Remove and Replace Type B 3' Rolled Curb and Gutter 300
10 Install detectable warning surface 24
II Remove and replace concrete driveway 1,000
12 Traffic Signal Detector Loops 400
13 Recycle Inert Construction Material 1,145
14 Trim Street Trees (80 hours max) 20
IS Traffic Control I
16 Project notifications I
ADD ALTERNATE # 1 TOTAL
2010 STREET MAINTENANCE PROGRAM
ASPHALT OVERLAY PROJECT
UNITS ENGINEER'S ESTIMATE
TON $ 82.00 $ 802,042.00 $
SF $ 11.00 $ 60,500.00 $
TON $ 95.00 $ 117,610.00 $
TON $ 145.00 $ 63,800.00 $
SF $ 0.28 $ 212,820.72 $
SF $ 4.00 $ 48,000.00 $
LF $ 2.50 $ 45,000.00 $
LF $ 0.50 $ 14,250.00 $
EA $ 280.00 $ 44,520.00 $
EA $ 380.00 $ 10,260.00 $
EA $ 25.00 $ 825.00 $
LF $ 3.00 $ 3,090.00 $
LF $ 2.00 $ 4,400.00 $
LF $ 1.50 $ 9,000.00 $
LF $ 3.00 $ 2,250.00 $
LF $ 3.00 $ 2,520.00 $
EA $ 50.00 $ 7,700.00 $
LF $ 40.00 $ 132,000.00 $
LF $ 50.00 $ 70,000.00 $
LF $ 70.00 $ 297,500.00 $
EA $ 22.00 $ 44.00 $
LS $ 15,000.00 $ 15,000.00 $
EA $ 2,000.00 $ 8,000.00 $
EA $ 330.00 $ 12,210.00 $
SF $ 9.00 $ 4,950.00 $
SF $ 10.00 $ 79,000.00 $
SF $ 15.00 $ 2,790.00 $
EA $ 22.00 $ 242.00 $
TON $ 5.00 $ 44,710.00 $
HR $ 200.00 $ 16,000.00 $
LS $ 51,000.00 $ 51,000.00 $
LS $ 17,000.00 $ 17,000.00 $
$ 2,199,033.72
UNITS ENGINEER'S ESTIMATE
TON $ 84.00 $ 115,668.00 $
SF $ 0.30 $ 31,476.00 $
EA $ 280.00 $ 10,640.00 $
EA $ 380.00 $ 4,940.00 $
EA $ 25.00 $ 250.00 $
LF $ 3.00 $ 750.00 $
LF $ 50.00 $ 1,200.00 $
LF $ 40.00 $ 16,000.00 $
LF $ 50.00 $ 15,000.00 $
EA $ 330.00 $ 7,920.00 $
SF $ 10.00 $ 10,000.00 $
SF $ 15.00 $ 6,000.00 $
TON $ 5.00 $ 5,725.00 $
HR $ 200.00 $ 4,000.00 $
LS $ 4,500.00 $ 4,500.00 $
LS $ 1,500.00 $ 1,500.00 $
$ 235,569.00
ATTACHMENT C:
BID SUMMARY
GRANITE CONSTRUCTION O'GRADY PAVING, INC.
COMPANY, INC.
100.000 $ 978,100.00 $ 85.000 $ 831,385.00
8.00 $ 44,000.00 $ 8.000 $ 44,000.00
66.00 $ 81,708.00 $ 92.00 $ 113,896.00
90.00 $ 39,600.00 $ 150.00 $ 66,000.00
0.20 $ 152,014.80 $ 0.31 $ 235,622.94
3.50 $ 42,000.00 $ 5.00 $ 60,000.00
1.25 $ 22,500.00 $ 2.00 $ 36,000.00
0.33 $ 9,405.00 $ 0.40 $ 11,400.00
250.00 $ 39,750.00 $ 340.00 $ 54,060.00
450.00 $ 12,150.00 $ 400.00 $ 10,800.00
15.00 $ 495.00 $ 20.00 $ 660.00
2.00 $ 2,060.00 $ 2.00 $ 2,060.00
1.20 $ 2,640.00 $ 1.20 $ 2,640.00
1.50 $ 9,000.00 $ 1.50 $ 9,000.00
3.25 $ 2,437.50 $ 3.50 $ 2,625.00
3.25 $ 2,730.00 $ 3.50 $ 2,940.00
18.50 $ 2,849.00 $ 20.00 $ 3,080.00
38.00 $ 125,400.00 $ 35.00 $ 115,500.00
40.00 $ 56,000.00 $ 36.00 $ 50,400.00
43.00 $ 182,750.00 $ 39.00 $ 165,750.00
3,000.00 $ 6,000.00 $ 4,000.00 $ 8,000.00
16,000.00 $ 16,000.00 $ 20,000.00 $ 20,000.00
2,200.00 $ 8,800.00 $ 2,000.00 $ 8,000.00
500.00 $ 18,500.00 $ 400.00 $ 14,800.00
10.00 $ 5,500.00 $ 10.00 $ 5,500.00
11.00 $ 86,900.00. $ 11.50 $ 90,850.00
25.00 $ 4,650.00 $ 27.00 $ 5,022.00
700.00 $ 7,700.00 $ 800.00 $ 8,800.00
0.01 $ 89.42 $ 5.00 $ 44,710.00
170.00 $ 13,600.00 $ 190.00 $ 15,200.00
112,000.00 $ 112,000.00 $ 130,000.00 $ 130,000.00
8,000.00 $ 8,000.00 $ 40,000.00 $ 40,000.00
$ 2,095,328.72 $ 2,208,700.94 I
GRANITE CONSTRUCTION O'GRADY PAVING, INC.
COMPANY, INC.
92.000 $ 126,684.00 $ 86.00 $ 118,422.00
0.15 $ 15,738.00 $ 0.31 $ 32,525.20
250.00 $ 9,500.00 $ 300.00 $ 11,400.00
450.00 $ 5,850.00 $ 380.00 $ 4,940.00
15.00 $ 150.00 $ 20.00 $ 200.00
3.25 $ 812.50 $ 3.50 $ 875.00
18.50 $ 444.00 $ 20.00 $ 480.00
38.00 $ 15,200.00 $ 35.00 $ 14,000.00
40.00 $ 12,000.00 $ 36.00 $ 10,800.00
500.00 $ 12,000.00 $ 400.00 $ 9,600.00
11.00 $ 11,000.00 $ 11.50 $ 11,500.00
25.00 $ 10,000.00 $ 27.00 $ 10,800.00
0.01 $ 11.45 $ 5.00 $ 5,725.00
170.00 $ 3,400.00 $ 190.00 $ 3,800.00
500.00 $ 500.00 $ 5,000.00 $ 5,000.00
500.00 $ 500.00 $ 2,000.00 $ 2,000.00
$ 223,789.95 $ 242,067.20
IFB 137021
ITEM # ADD ALT # 2 DESCRIPTION QUANTITY
I PCC Diamond Grinding 90,000
2 Joint Sealant 7,500
3 Adjust utility box to grade 27
4 Adjust manhole to grade 7
5 Blue Pavement Marker 4
6 Thermoplastic Striping, Detail 21 1,000
7 Thermoplastic Striping, 4" white 500
8 Thermoplastic Striping, 12" white 200
9 Thermoplastic Legends 12
10 Traffic Signal Detector Loops 1,000
11 Recycle Inert Construction Material 150
12 Traffic Control I
13 Project notifications I
ADD ALTERNATE # 2 TOTAL
ITEM # ADD ALT # 3 DESCRIPTION QUANTITY
I AC Overlay 2"-3", 112" max, Type A 469
2 AC Basse Repair 150
3 Wedge Cutting (6' wide) 500
4 AC Milling, 2"-3.5" 10,000
5 Adjust utility box to grade 10
6 Adjust manhole to grade 4
7 Blue Pavement Marker 2
8 Thermoplastic Striping, Detail 21 1,030
9 Thermoplastic Striping, 12" white 240
10 Thermoplastic Legends 12
11 Remove and Replace Type A Vertical Curb and Gutter 300
12 Install detectable waming surface I
13 Remove and replace concrete driveway 400
14 Traffic Signal Detector Loops 950
15 Recycle Inert Construction Material 150
16 Trim Street Trees (20 hours max) 20
17 Traffic Control 1
18 Project notifications I
ADD ALTERNATE # 3 TOTAL
2010 STREET MAINTENANCE PROGRAM
ASPHALT OVERLAY PROJECT
UNITS ENGINEER'S ESTIMATE
SF $ 1.50 $ 135,000.00 $
LF $ 5.00 $ 37,500.00 $
EA $ 280.00 $ 7,560.00 $
EA $ 380.00 $ 2,660.00 $
EA $ 25.00 $ 100.00 $
LF $ 3.00 $ 3,000.00 $
LF $ 1.50 $ 750.00 $
LF $ 3.00 $ 600.00 $
EA $ 50.00 $ 600.00 $
SF $ 15.00 $ 15,000.00 $
TON $ 5.00 $ 750.00 $
LS $ 6,000.00 $ 6,000.00 $
LS $ 1,500.00 $ 1,500.00 $
$ 211,020.00
UNITS ENGINEER'S ESTIMATE
TON $ 84.00 $ 39,396.00 $
TON $ 145.00 $ 21,750.00 $
LF $ 3.00 $ 1,500.00 $
EA $ 0.30 $ 3,000.00 $
EA $ 280.00 $ 2,800.00 $
LF $ 380.00 $ 1,520.00 $
LF $ 25.00 $ 50.00 $
LF $ 3.00 $ 3,090.00 $
EA $ 1.50 $ 360.00 $
SF $ 50.00 $ 600.00 $
LF $ 40.00 $ 12,000.00 $
EA $ 330.00 $ 330.00 $
SF $ 10.00 $ 4,000.00 $
SF $ 15.00 $ 14,250.00 $
TON $ 5.00 $ 750.00 $
HR $ 200.00 $ 4,000.00 $
LS $ 4,500.00 $ 4,500.00 $
LS $ 1,500.00 $ 1,500.00 $
$ 115,396.00
GRANITE CONSTRUCTION
COMPANY, INC.
1.100 $ 99,000.00
6.60 $ 49,500.00
250.00 $ 6,750.00
450.00 $ 3,150.00
15.00 $ 60.00
2.00 $ 2,000.00
1.50 $ 750.00
3.25 $ 650.00
18.50 $ 222.00
25.00 $ 25,000.00
0.01 $ 1.50
500.00 $ 500.00
500.00 $ 500.00
-~ 188,083.50
GRANITE CONSTRUCTION
COMPANY, INC.
95.000 $ 44,555.00
174.00 $ 26,100.00
3.80 $ 1,900.00
0.65 $ 6,500.00
250.00 $ 2,500.00
450.00 $ 1,800.00
15.00 $ 30.00
2.00 $ 2,060.00
3.25 $ 780.00
18.50 $ 222.00
38.00 $ 11,400.00
500.00 $ 500.00
11.00 $ 4,400.00
25.00 $ 23,750.00
om $ 1.50
170.00 $ 3,400.00
500.00 $ 500.00
500.00 $ 500.00
$ 130,898.50
lUlAL: $ 2,761,018.72 lUlAL: $ 2,638,100.67
ATTACHMENT C:
BID SUMMARY
O'GRADY PAVING, INC.
$ 1.000 $ 90,000.00
$ 10.00 $ 75,000.00
$ 300.00 $ 8,100.00
$ 380.00 $ 2,660.00
$ 20.00 $ 80.00
$ 2.00 $ 2,000.00
$ 1.50 $ 750.00
$ 3.50 $ 700.00
$ 20.00 $ 240.00
$ 27.00 $ 27,000.00
$ 10.00 $ 1,500.00
$ 20,000.00 $ 20,000.00
$ 2,000.00 $ 2,000.00
$ 230,030.00
O'GRADY PAVING, INC.
$ 86.000 $ 40,334.00
$ 160.00 $ 24,000.00
$ 10.00 $ 5,000.00
$ 0.31 $ 3,100.00
$ 300.00 $ 3,000.00
$ 380.00 $ 1,520.00
$ 20.00 $ 40.00
$ 2.00 $ 2,060.00
$ 3.50 $ 840.00
$ 1,050.00 $ 12,600.00
$ 34.00 $ 10,200.00
$ 400.00 $ 400.00
$ 11.50 $ 4,600.00
$ 27.00 $ 25,650.00
$ 4.00 $ 600.00
$ 200.00 $ 4,000.00
$ 1,000.00 $ 1,000.00 ;
$ 2,000.00 $ 2,000.00
$ 140,944.00
TUTAL: $ 2,821,742.14
IFB 137021
ITEM # BASE BID DESCRIPTION QUANTITY
I AC Overlay 2"-3", 112" max, Type A 9,781
2 PCC Base Repair 5,500
3 AC Leveling course. 3/8" max 1,238
4 AC Base Repair 440
5 AC Milling, 2"-3.5" 760,074
6 Remove and Replace AC Driveways 12,000
7 Interlayer membrane 18,000
8 Crack Sealant 28,500
9 Adjust utility box to grade 159
10 Adjust manhole to grade 27
11 Blue Pavement Marker 33
12 Thermoplastic Striping, Detail 21 1,030
13 Thermoplastic Striping, Detail 39/39A 2,200
14 111ennoplastic Striping, 4" white 6,000
15 Thermoplastic Striping, 12" yellow 750
16 Thermoplastic Striping, 12" white 840
17 Thermoplastic Legends 154
18 Remove and Replace Type A Vertical Curb and Gutter 3,300
19 Remove and Replace Type B 3' Rolled Curb and Gutter 1,400
20 Install new 3' Valley Gutter (Barron Park Standard) 4,250
21 Asphalt Concrete Speed Hump 2
22 Traffic Calming on N. California I
23 City standard curb ramp, typical 4
24 Install detectable warning surface 37
25 Remove and replace concrete sidewalk 550
26 Remove and replace concrete driveway 7900
27 Traffic Signal Detector Loops 186
28 Reset Catch Basin 1!
29 Recycle Inert Construction Material 8,942
30 Trim Street Trees (80 hours max) 80
31 Traffic Control I
32 Project notifications I
BASE BID TOTAL
ITEM # ADD ALT # 1 DESCRIPTION QUANTITY
I AC Overlay 2"-3", 112" max, Type A 1,377
2 AC Milling, 2"-3.5" 104,920
3 Adjust utility box to grade 38
4 Adjust manhole to grade 13
5 Blue Pavement Marker 10
6 Thermoplastic Striping, 12" white 250
7 Thermoplastic Legends 24
8 Remove and Replace Type A Vertical Curb and Gutter 400
9 Remove and Replace Type B 3' Rolled Curb and Gutter 300
10 Install detectable waming surface 24
11 Remove and replace concrete driveway 1,000
12 Traffic Signal Detector Loops 400
13 Recycle Inert Construction Material 1,145
14 Trim Street Trees (80 hours max) 20
15 Traffic Control I
16 Project notifications I
'---'-_ .. _--ADD ALTERNATE # 1 TOTAL --
2010 STREET MAINTENANCE PROGRAM
ASPHALT OVERLAY PROJECT
UNITS G. BORTOLOTTO & COMPANY, INC.
TON $ 93.08 $ 910,415.48 $
SF $ 7.75 $ 42,625.00 $
TON $ 103.00 $ 127,514.00 $
TON $ 139.00 $ 61,160.00 $
SF $ 0.31 $ 235,622.94 $
SF $ 4.39 $ 52,680.00 $
LF $ 2.11 $ 37,980.00 $
LF $ 0.35 $ 9,975.00 $
EA $ 212.00 $ 33,708.00 $
EA $ 301.00 $ 8,127.00 $
EA $ 33.00 $ 1,089.00 $
LF $ 2.00 $ 2,060.00 $
LF $ 1.20 $ 2,640.00 $
LF $ 1.50 $ 9,000.00 $
LF $ 3.25 $ 2,437.50 $
LF $ 3.25 $ 2,730.00 $
EA $ 19.00 $ 2,926.00 $
LF $ 33.75 $ 111,375.00 $
LF $ 34.50 $ 48,300.00 $
LF $ 38.00 $ 161,500.00 $
EA $ 2,700.00 $ 5,400.00 $
LS $ 10,000.00 $ 10,000.00 $
EA $ 1,800.00 $ 7,200.00 $
EA $ 400.00 $ 14,800.00 $
SF $ 10.00 $ 5,500.00 $
SF $ 11.00 $ 86,900.00 $
SF $ 25.00 $ 4,650.00 $
EA $ 700.00 $ 7,700.00 $
TON $ 1.39 $ 12,429.38 $
HR $ 180.00 $ 14,400.00 . $
LS $ 150,000.00 $ 150,000.00 $
LS $ 7,000.00 $ 7,000.00 $
$ 2,189,844.30
GRANITEROCK CO., DBA PAVEX
CONSTRUCTION
92.00 $ 899,852.00
9.00 $ 49,500.00
92.00 $ 113,896.00
183.00 $ 80,520.00
0.45 $ 342,033.30
6.50 $ 78,000.00
1.25 $ 22,500.00
0.33 $ 9,405.00
253.00 $ 40,227.00
455.00 $ 12,285.00
15.00 $ 495.00
2.00 $ 2,060.00
1.20 $ 2,640.00
1.50 $ 9,000.00
3.25 $ 2,437.50
3.25 $ 2,730.00
18.50 $ 2,849.00
40.00 $ 132,000.00
41.00 $ 57,400.00
45.00 $ 191,250.00
2,600.00 $ 5,200.00
10,700.00 $ 10,700.00
2,066.00 $ 8,264.00
463.00 $ 17,131.00
11.00 $ 6,050.00
13.00 $ 102,700.00
25.25 $ 4,696.50
787.00 $ 8,657.00
0.01 $ 89.42
170.00 $ 13,600.00
143,300.00 $ 143,300.00
9,700.00 $ 9,700.00
$ 2,381,167.72
UNITS G. BORTOLOTTO & COMPANY, INC. GRANITEROCK CO., DBA PAVEX
CONSTRUCTION
TON $ 93.08 $ 128,171.16 $ 105.00 $ 144,585.00
SF $ 0.31 $ 32,525.20 $ 0.50 $ -52,460.00
EA $ 212.00 $ 8,056.00 $ 253.00 $ 9,614.00
EA $ 301.00 $ 3,913.00 $ 455.00 $ 5,915.00
EA $ 15.00 $ 150.00 $ 15.00 $ 150.00
LF $ 3.25 $ 812.50 $ 3.25 $ 812.50
LF $ 18.50 $ 444.00 $ 18.50 $ 444.00
LF $ 33.75 $ 13,500.00 $ 50.00 $ 20,000.00
LF $ 35.00 $ 10,500.00 $ 41.00 $ 12,300.00
EA $ 400.00 $ 9,600.00 $ 463.00 $ 11,112.00
SF $ 11.00 $ 11,000.00 $ 13.00 $ 13,000.00
SF $ 25.00 $ 10,000.00 $ 25.25 $ 10,100.00
TON $ 1.39 $ 1,591.55 $ 0.01 $ 11.45
HR $ 180.00 $ 3,600.00 $ 170.00 $ 3,400.00
LS $ 11,000.00 $ 11,000.00 $ 10,300.00 $ 10,300.00
LS $ 3,000.00 $ 3,000.00 $ 3,100.00 $ 3,100.00
_L£ 247,863.41 _$ 297,303~
ATTACHMENT C:
BID SUMMARY
INTERSTATE GRADING & PAVING,
INC.
$ 100.00 $ 978,100.00
$ 16.00 $ 88,000.00
$ 119.00 $ 147,322.00
$ 213.00 $ 93,720.00
$ 0.50 $ 380,037.00
$ 10.00 $ 120,000.00
$ 1.80 $ 32,400.00
$ 0.80 $ 22,800.00
$ 280.00 $ 44,520.00
$ 440.00 $ 11,880.00
$ 15.00 $ 495.00
$ 2.00 $ 2,060.00
$ 1.25 $ 2,750.00
$ 1.60 $ 9,600.00
$ 3.50 $ 2,625.00
$ 3.50 $ 2,940.00
$ 20.00 $ 3,080.00
$ 45.00 $ 148,500.00
$ 48.00 $ 67,200.00
$ 43.00 $ 182,750.00
$ 4,800.00 $ 9,600.00
$ 20,000.00 $ 20,000.00
$ 2,500.00 $ 10,000.00
$ 400.00 $ 14,800.00
$ 8.00 $ 4,400.00
$ 10.50 $ 82,950.00
$ 16.00 $ 2,976.00
$ 750.00 $ 8,250.00
$ 0.01 $ 89.42
$ 180.00 $ 14,400.00
$ 95,000.00 $ 95,000.00
$ 4,100.00 $ 4,100.00
$ 2,607,344.42
INTERSTATE GRADING & PAVING,
INC.
$ 97.00 $ 133,569.00
$ 0.43 $ 45,115.60
$ 280.00 $ 10,640.00
$ 440.00 $ 5,720.00
$ 15.00 $ 150.00
$ 3.50 $ 875.00
$ 20.00 $ 480.00
$ 39.00 $ 15,600.00
$ 46.00 $ 13,800.00
$ 400.00 $ 9,600.00
$ 10.50 $ 10,500.00
$ 16.00 $ 6,400.00
$ 0.01 $ 11.45
$ 180.00 $ 3,600.00
$ 12,000.00 $ 12,000.00
$ 2,000.00 $ 2,000.00
$ 270,061.05 --
IFB 137021
ITEM # ADD ALT # 2 DESCRIPTION QUANTITY
I PCC Diamond Grinding 90,000
2 Joint Sealant 7,500
3 Adjust utility box to grade 27
4 Adjust manhole to grade 7
5 Blue Pavement Marker 4
6 Thermoplastic Striping, Detail 21 1,000
7 Thermoplastic Striping, 4" white 500
8 Thermoplastic Striping, 12" white 200
9 Thermoplastic Legends 12
10 Traffic Signal Detector Loops 1,000
II Recycle Inert Construction Material 150
12 Traffic Control I
13 Project notifications I
ADD ALTERNATE # 2 TOTAL
ITEM # ADD ALT # 3 DESCRIPTION QUANTITY
I AC Overlay 2"-3", 112" max, Type A 469
2 AC Basse Repair 150
3 Wedge Cutting (6' wide) 500
4 AC Milling, 2"-3.5" 10,000
5 Adjust utility box to grade 10
6 Adjust manhole to grade 4
7 Blue Pavement Marker 2
8 Thermoplastic Striping, Detail 21 1,030
9 Thermoplastic Striping, 12" white 240
10 Thermoplastic Legends 12
II Remove and Replace Type A Vertical Curb and Gutter 300
12 Install detectable waming surface I
13 Remove and replace concrete driveway 400
14 Traffic Signal Detector Loops 950
IS Recycle Inert Construction Material 150
16 Trim Street Trees (20 hours max) 20
17 Traffic Control I
18 Project notifications I
ADD ALTERNATE # 3 TOTAL
2010 STREET MAINTENANCE PROGRAM
ASPHALT OVERLAY PROJECT
UNITS G. BORTOLOTTO & COMPANY, INC.
SF $ 1.11 $ 99,900.00 $
LF $ 2.11 $ 15,825.00 $
EA $ 212.00 $ 5,724.00 $
EA $ 301.00 $ 2,107.00 $
EA $ 20.00 $ 80.00 $
LF $ 2.00 $ 2,000.00 $
LF $ 1.50 $ 750.00· $
LF $ 3.25 $ 650.00 $
EA $ 19.00 $ 228.00 $
SF $ 25.00 $ 25,000.00 $
TON $ 1:39 $ 208.50 $
LS $ 10,000.00 $ 10,000.00 $
LS $ 3,000.00 $ 3,000.00 $
$ 165,472.50
UNITS G. BORTOLOTTO & COMPANY, INC.
TON $ 93.08 $ 43,654.52 $
TON $ 139.00 $ 20,850.00 $
LF $ 4.00 $ 2,000.00 $
EA $ 0.31 $ 3,100.00 $
EA $ 212.00 $ 2,120.00 $
LF $ 301.00 $ 1,204.00 $
LF $ 20.00 $ 40.00 $
LF $ 2.00 $ 2,060.00 $
EA $ 3.25 $ 780.00 $
SF $ 19.00 $ 228.00 $
LF $ 33.75 $ 10,125.00 $
EA $ 400.00 $ 400.00 $
SF $ 11.00 $ 4,400.00 $
SF $ 25.00 $ 23,750.00 $
TON $ 2.00 $ 300.00 $
HR $ 180.00 $ 3,600.00 $
LS $ 5,000.00 $ 5,000.00 $
LS $ 2,000.00 $ 2,000.00 $
$ 125,611.52
GRANITEROCK CO., DBA PAVEX
CONSTRUCTION
0.85 $ 76,500.00
24.00 $ 180,000.00
253.00 $ 6,831.00
455.00 $ 3,185.00
15.00 $ 60.00
2.00 $ 2,000.00
1.50 $ 750.00
3.25 $ 650.00
18.50 $ 222.00
25.25 $ 25,250.00
0.01 $ 1.50
67,000.00 $ 67,000.00
100.00 $ 100.00
$ 362,549.50
GRANITEROCK CO., DBA PAVEX
CONSTRUCTION
107.00 $ 50,183.00
200.00 $ 30,000.00
6.00 $ 3,000.00
1.00 $ 10,000.00
253.00 $ 2,530.00
455.00 $ 1,820.00
15.00 $ 30.00
2.00 $ 2,060.00
3.25 $ 780.00
18.50 $ 222.00
40.00 $ 12,000.00
463.00 $ 463.00
13.00 $ 5,200.00
25.25 $ 23,987.50 om $ 1.50
170.00 $ 3,400.00
13,000.00 $ 13,000.00
1,500.00 $ 1,500.00
$ 160,177.00
TOTAL: $ 2,728,791.73 .UJAL: $ 3,201,198.17
ATTACHMENT C:
BID SUMMARY
INTERSTATE GRADING & PAVING,
INC.
$ 1.15 $ 103,500.00
$ 1.60 $ 12,000.00
$ 280.00 $ 7,560.00
$ 440.00 $ 3,080.00
$ 15.00 $ 60.00
$ 2.00 $ 2,000.00
$ 1.60 $ 800.00
$ 3.50 $ 700.00
$ 20.00 $ 240.00
$ 16.00 $ 16,000.00
$ 0.01 $ 1.50
$ 20,000.00 $ 20,000.00
$ 2,000.00 $ 2,000.00
$ _!§:7-,~~~
INTERSTATE GRADING & PAVING,
INC.
$ 127.00 $ 59,563.00
$ 267.00 $ 40,050.00
$ 9.00 $ 4,500.00
$ 1.00 $ 10,000.00
$ 300.00 $ 3,000.00
$ 450.00 $ 1,800.00
$ 15.00 $ 30.00
$ 2.00 $ 2,060.00
$ 3.50 $ 840.00
$ 20.00 $ 240.00
$ 40.00 $ 12,000.00
$ 400.00 $ 400.00
$ 12.00 $ 4,800.00
$ 16.00 $ 15,200.00
$ 0.01 $ 1.50
$ 180.00 $ 3,600.00
$ 10,000.00 $ 10,000.00
$ 1,000.00 $ 1,000.00
$ 169,084.50
,JufAL: $ 3,214,431.47
RECOMMENDATION
The City Clerk's Department is requesting Council approve the Ordinance
reducing the Board and Commission recruitment advertising to one.
Prepared bY~ ~
Beth Minor, Assistant City Clerk
Department Head: ~~
Donna Grider, City Clerk, MMC
Not Yet Approved
Ordinance No.
Ordinance of the Council of the City of Palo Alto Amending
Section 2.18.030 (Public Art Commission), Section 2.20.015
(Planning and Transportation Co~sion), Section
2.21.020 (Architectural Review Board), Section 2.22.015
(Human Relations Commission), Section 2.23.020 (Utilities
Advisory Commission), Section 2.24.020 (Library Advisory
Commission), Section 2.25.020 (Parks and Recreation
Commission), and Section 16.49.030 (Historic Resources
Board), to Delete the Publication Requirements for Board
and Commission Recruitment Ads and Adding Section
2.16.060 to Establish the Publication of One Board and
Commission Recruitment Advertisement in a Two-Week
Period
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings. The City Council finds that:
1. The public interest requires that periodic revision of the municipal code is
necessary in order to make editorial changes for clarification purposes and to make revisions that
are consistent with current practice and public policy;
2. The reduction of the number of publications in a two-week period of board
and commission recruitment advertisements would reduce the City's budget costs.
SECTION 2. Section 2.18.030 (Manner of Appointment) of Chapter 2.18 of
Title 2 (Administrative Code) of the Palo Alto Municipal Code is hereby amended to read, as
follows:
2.18.030 Manner of Appointment.
(a) In filling vacancies on the public art commission, the following procedures
shall be followed:
(1) Following notification of a vacancy or pending vacancy for a public art
commission position, the city clerk shall advertise the same in a newspaper of general circulation
in the city, including the council agenda digest, ..in accordance with section 2.16.060._ ~rit!ep. ___ -Deleted: two times within two weeks
nominations and applications shall be submitted to the city clerk within such .,titp.~ y_e!i~~ _ap.~ ___ -Deleted: two-week
shall be forwarded forthwith to the city council for its consideration. Notwithstanding the
foregoing, if the nomination or application of an incumbent commission member is not
submitted to the city clerk within the period specified above, ~_p_e!i~~ ~!t~! p~ ~~~~~c;:.c!. fO! _fI!l ___ --( Deleted: said ~----------------~ additional five days during which the city clerk shall accept written nominations and applications
ofnon=incumben~ ______________________________________________________ ---1~D_e_leted __ :_. ____________ ~
100712 jb 0073402 1
Not Yet Approved
(2) The city council shall review all nominations and applications and shall
conduct such interviews as it deems necessary prior to selectioQ,;_ ~d ___ '-___________________ --{ Deleted: . , ~----------------~
(3) Final selection and appointment shall be made by the city council at a
regular city council meeting after the period for submittal of nominations and applications has
expired.
SECTION 3. Section 2.20.015 (Manner of Appointment) of Chapter 2.20 of
Title 2 (Administrative Code) of the Palo Alto Municipal Code is hereby amended to read, as
follows:
2.20.015 Manner of Appointment.
In filling vacancies on the plamiing and transportation commission the following
procedures shall be followed by the city council:
(a) Following notification of vacancy or pending vacancy on the planning
commission, the city clerk shall advertise the same in a newspaper of general circulation in the
city, including the council agenda digest,.in accordance with section 2.16.060; ________________ --{ Deleted: two times within two weeks
(b) Written nominations and applications shall be submitted to the city clerk
within such.,tit!l~ p~Ij.~<!!O_ ~~ fo~~d~ ~ ~e_city_c_o!1!l~i! fO!}!.S_c.9~i~~r_a!i~1!._~~~~~~g ___ --{ Deleted: two-week ~----------------~ the foregoing, if the nomination or application of an incumbent commission member is not
submitted to the city clerk within the period specified above, ~y_e!i~~ ~!l~! !>~ ~~~p.~~d_ fO! _ap. ___ --{ Deleted: said ~----------------~ additional five days during which the city clerk shall accept written nominations and applications
of non:incumbents;
(c) The city council shall review all nominations and applications and conduct
such interviews as it deems necessary prior to selection; and
(d) Final selection and appointment shall be made by the city council at a regular
city council meeting after the period for submittal of nominations and applications has expired.
SECTION 4. Section 2.21.020 (Manner of Appointment) of Chapter 2.21 of
Title 2 (Administrative Code) of the Palo Alto Municipal Code is hereby amended to read, as
follows:
2.21.020 Manner of Appointment.
In filling vacancies on the architectural review board, the following procedures
shall be followed by the city council:
(a) Following notification of vacancy on the architectural review board, the city
clerk shall advertise the same in a newspaper of general circulation in the city, including the
council agenda digest,,iA accordance with section 2.16.06Q,; __________________________ :::: = ~ Deleted: two times within two weeks
Deleted: .
(b) Written nominations and applications shall be submitted to the city clerk
within such J~~ _~~o_dl. _ ~o __ ~e_ J~~~~~ _ ~ __ t!J.~ _ ~i~ _ ~o~~iJ _ f~r_ i!.S __ c~~i~~r~~~l!: ___ --{ Deleted: two-week
100712 jb 0073402 2
Not Yet Approved
Notwithstanding the foregoing, if the nomination or application of an incumbent board member
is not submitted to the city clerk'within the period spe,cified above, ~ p~tj~4. ~1!aJt ~e_ ~~~l!.4.~ ___ -1'-Del_eted_:_s_aid ______ -'
for an additional five days during which the city clerk shall accept written nominations and
applications of non:incumbenUi;. ________________________________________________ -1'-De_leted_:_, ______ ___
(c) The city council shall review all nominations and applications and conduct
such interviews as it deems necessary prior to selection,;, ~4. ____________________________ --( Deleted: , ~-------------------'
(d) Final selection and appointment shall be made by the city council at a regular
city council meeting after the period for submittal of nominations and applications has expired.
SECTION 5. Section 2.22.015 (Manner of Appointment) of Chapter 2.22 of
Title 2 (AdmiJ:).istrative Code) of the Palo Alto Municipal Code is hereby amended to read, as
follows:
·2.22.015 Manner of Appointment.
In filling vacancies on the human relations commission the following procedures
shall be followed by the city council:
(a) Following notification of vacancy or pending vacancy on the human relations
commission, the city clerk shall advertise the same in a newspaper of general circulation in the
city, including the council agenda digest,jn accordance with section 2.16.060; ________________ --( Deleted: two times within two weeks
(b) Written nominations and applications shall be submitted to the city clerk
within such.til!l~ p~tjQ4.1O_ ~~ fo~~d~~ ~~ !1!e_cj~_c_o!1!1~i! !o}"J!S_c.9!1~i~~r_a!i~~._~Q~J~~~g ___ --( Deleted: two-week
the foregoing, if the nomination or application of an incumbent commission member is not
submitted to the city clerk within the period specified above, ~"p_e!ip~ ~!t~! !>~ ~~~!l~~4. fO! _3!1 ___ --( Deleted: said ~--------~ additional five days during which the city clerk shall accept written nominations and applications
of non:incumbents;
( c) The city council shall review all nominations and applications and conduct
such interviews as it deems necessary prior to selections; and
(d) Final selection and appointment shall be made by the city council at a regular
city council meeting after the period for submittal of nominations and applications has expired.
SECTION 6. Section 2.23.020 (Manner of Appointment) of Chapter 2.23 of
Title 2 (Administrative Code) of the Palo Alto Municipal Code is hereby amended to read, as
follows:
2.23.020 Manner of Appointment.
The following procedures shall be followed by the city council when filling
vacancies on the utilities advisory commission:
100712 jb 0073402 3
Not Yet Approved
(a) Following notification of vacancy or pending vacancy on the utilities advisory
commission, the city clerk shall advertise the same in a newspaper of general circulation in the
city, including the council agenda digest,,m accordance with section 2.16.060; ________________ --{ Deleted: two times witbintwo weeks
(b) Written nominations and applications shall be submitted to the city clerk
within such.,ti1!l~ p~tj.~c!!<>_ ~~ fo~~~.!Q ~e_city_c~~~i! f~r}!.S_c~~i~~x:!l!i~~._~~~j!!1§~~g ___ --{ Deleted: two-week
the foregoing, if the nomination or application of an incumbent commission member is not
submitted to the city clerk within the period submitted above, ~ ~eriod shall be extended for an __ --( Deleted: said
additional five days during which the city clerk shall accept written notiiiiiatioiii alil applicatIons -'-------------'
of non:incumbents;
(c) The city council shall review all nominations and applications and conduct
such interviews as it deems necessary prior to selection; and
(d) Final selection and appointment shall be made by the city council at a regular
city council meeting after the period for submittal of nominations and applications has expired.
SECTION 7. Section 2.24~020 (Manner of Appointment) of Chapter 2.24 of
Title 2 (Administrative Code) of the Palo Alto Municipal Code is hereby amended to read, as
follows:
2.24.020 Manner of Appointment.
The following procedures shall be followed by the city council when filling
vacancies on the library advisory commissio~ _________ -'-____________________________ --{ Deleted: . ~-------~~
(a) Following the notification of any vacancy or pending vacancy on the
commission, the city clerk shall advertise the same in a newspaper of general circulation in Palo
Alto, including the council agenda digest,,m accordance with section 2.16.06!l; _____________ :::::: = -{ Deleted: two timeswitbintwo weeks
-( Deleted:.
(b) Written nominations and applications shall be submitted to the city clerk
within such.,ti1!l~ p~tj.~c! !o_ ~~ fo~~d~~.!Q ~e_city_c_o~~i! fOLi!.S_c~~i~~r_a!i~~._~~~j~~~lL __ --{ Deleted: two-week
the foregoing, if the nomination and application of any incumbent commission member is not
submitted to the city clerk within the period submitted above, the period~!I~l !>~ ~~~~~c! fOJ _~ ___ --( Deleted: of time
additional five days during which the city clerk shall accept the written nominations and '--________ --..J
applications of non:incumben1f\i. ________________________________________________ -1\...De_leted __ : . ______ ~
{c) The city council shall review all nominations and applications and conduct
such interviews as it deems necessary prior to selectioI\!, ~c! ____________________________ --( Deleted: . '----------~
(d) The final selection and appointment shall be made by the city council at a
regular meeting of the city council after the period of time for the submittal of nominations and
applications has expired.
SECTION 8. Section 2.25.020 (Manner of Appointment) of Chapter 2.25 of
Title 2 (Administrative Code) of the Palo Alto Municipal Code is hereby amended to read, as
follows:
100712 jb 0073402 4
Not Yet Approved
2.25.020 Manner . of Appointment.
The following procedures shall be followed by the city council when filling
vacancies on the parks and recreation commission:
(a) Following the notification of any vacancy or pending vacancy on the
commission, the city clerk shall advertise the same in a newspaper of general circulation in Palo
Alto, including the council agenda digest,Jn accordance with section 2.16.069,; _____________ :::: = 1 Deleted: two times within two weeks
-{ Deleted: .
(b) Written nominations and applications shall be submitted to the city clerk
within such,tit!l~ p~Jj<2<! !<>_ ~~ fo~~d~~ J<2 !1le _city _ c_o~~i! fO! }!.S _ c.9~i~~r_a!i~~._ ~<2~j~§~~g __ --1 Deleted: two-week
the foregoing, if the nomination and application of any incumbent commission member is not
submitted to the city clerk within the period submitted above, the periodJ!!t~l!>~ ~~~!l~c& fO! _3!l __ --1 Deleted: of time ~----------------~ additional five days during which the city clerk shall accept the written nominations and
applications of non:incumben~_ _ _ _ _ _ _ _ _ _ _ _ _ _ ______________________________ --(,-D_e_leted ___ : • ____________ ~
(c) The city council shall review all nominations and applications and conduct
such interviews as it deems necessary prior to selectio~ ~<! ____________________________ -1 Deleted: . ~----------------~
(d) The final selection and appointment shall be made by the city council at a
regular meeting of the city council after the period of time for the submittal of nominations and
applications has expired.
SECTION 9. Section 16.49.030 (Historic Resources Board) of Chapter 16.49 of
Title 16 (Building Regulations) of the Palo Alto Municipal Code is hereby amended to read, as
follows:
16.49.030 Historic Resources Board.
(a) Composition. The historic resources board shall be composed of seven
members appointed by the city council and serving without pay. Members shall have
demonstrated interest in and knowledge of history, architecture or historic preservation. One
member shall be an owner/occupant of a category 1 or 2 historic structure, or of a structure in a
historic district; thr¢ members shall be architects, landscape architects, building designers or
other design professionals and at least one member shall possess academic education or practical
experience in history or a related field.
(b) Terms of Office. Members shall serve for terms of three years and until their
respective successors are appointed. Terms shall be staggered so that three positions are refllied
one year, and four positions are refilled two years later. Commencing on October 21, 1991, there
shall be one member whose term expires May 31, 1992, and one member whose term expires
May 31, 1994. Subsequent appointments shall be made for terms of three years, or until their
successors are appointed. Terms of office commence June 1.
( c) Appointment. In filling vacancies on the historic resources board, the
following procedures shall be followed by the city council:
100712 jb 0073402 5
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(1) Following notification of vacancy or pending vacancy on the historic
resources board, the city clerk shall advertise the same in a newspaper of general circulation in ...
the city, including the council agenda digest,,m accordance with section 2.16.069; ___________ :::: = -( Deleted: two times within two weeks
-{ Deleted: .
(2) Written nominations and applications shall be submitted to the city clerk
within one week of the date of the last notice to be forwarded to the city council for its
consideration. Notwithstanding the foregoing, if the nomination or application of an incumbent
board member is not submitted to the city clerk within the period specified above, ~J!.ep..99-___ --( Deleted: said
shall be extended for an additional five days during which the city clerk shall accept written '---_~ _____ -..J
nominations and applications of non:incumben~ ____________________________________ --( Deleted: . ~----------------~
(3) The Palo Alto Historic Association shall be given notice of vacancies on
the board and shall be encouraged to have its members submit application~ __________________ --( Deleted: . ~--~----------~
(4) The city council shall review all nominations and applications, and
conduct such interviews as it deems necessary prior to selectio~_Il!l9-______________________ --( Deleted: . ~----------------~
(5) Final selection and appointment shall be made by.the city council at a
regular city council meeting after the period for submittal of nominations and applications has
expire<\;. ____________ ~ _______ . __________________________________ ~ _________ -1\....De_leted_:_. ______ -..J
(d) Organization. The board shall hold meetings twice monthly or at the pleasure
of the chairperson, and shall establish such rules as may be appropriate and necessary for the
orderly conduct of its business. The board shall elect a chairperson and a vice chairperson from
its membership who shall serve in such capacity for terms of one year each. The chairperson
shall preside over meetings of the board, and in the absence or disability of the chairperson, the
vice chairperson shall perform the duties of the chairperson.
l.o_ll! _ f!1~I!l~~r~ _ s_h~~l_ ~o_n~~~!~ ~ _ ql!0_~_ ~4. ~~~i~i.9~ _of _ t!t~ _~o~c! ~~~~ .P~ >-;:.-
determined by majority vote of those members present at the meeting. Action minutes shall be '
keptbytheboar~~~ _____________________________________________________ --
(e) Duties. It is the duty of the historic resources board to:
(1) Render advice and guidance to a property owner upon the owner's
application for alteration of any historic single-family or duplex building in the downtown area
Deleted: .
Formatted: Indent: First line: 1"
-I Deleted:.
and any such building designated as significant elsewhere in the city,! __ . ____________________ -1 ..... DeI __ eted ___ : . ____________ ---'
(2) Inform the architectural review board of the historical and/or
architectural significance of historic commercial and multiple-family structures in the downtown
area and any such buildings designated as significant elsewhere in the city that are under review
by the architectural review board. Submit recommendations to the architectural review board
regarding proposed exterior alterations of such historic structure~ _______________________ ---( Deleted: . ~----------------~
(3) Recommend to the council the designation of additional buildings and
districts as historic..;, _______________________________________________________ --1\....De __ leted_:_. ______ -...J
100712 jb 0073402 6
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(4) Research available information and add historical information to the
inventory sheets of historic structures/sites. This inventory is maintained in the department of
planning and community environmen\;_!l!l~ ________________________________________ -1'-De_leted_:_. ______ ---'
(5) Perform such other functions as may be delegated from time to time to the
historic resources board by the city council.
SECTION 10. Section 2.16.060 (Manner of Appointment) of Chapter 2.16 of
Title 2 (Administrative Code) of the Palo Alto Municipal Code is hereby added to read, as
follows:
2,..16.060 Manner of aeeointment ________________________________ ~ >~: >-De_leted_:..,;'lf:...-_____ ---<
(a) Following the notification of vacancy or pending vacancy on any board or
commission, the city clerk shall advertise the same in a newspaper of general circulation in the
city, including the council agenda digest, one time within two weeks.
SECTION 11. The Council finds that reducing the publication of the Board and
Commission recruitment ads does not meet the definition of a project under the California
Environmental Quality Act pursuant to California Public Resources Code Section 21065, and
therefore no environment impact assessment is necessary.
Formatted: Indent: First line: O.SS"
.. ----{ Formatted: Indent: First line: 0"
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SECTION 12. This ordinance shall be effective on the thirty-first day after the
date of its adoption.
INTRODUCED:
100712 jb 0073402 7
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Assistant City Attorney
100712 jb 0073402
Not Yet Approved
. Mayor
APPROVED:
City Manager
Director of Administrative Services
8
The City Clerk's Department is requesting the day be changed from Wednesday
at 12:00 noon to Tuesday at 12:00 noon. This change is requested due to the
Council Agenda Packet now being distributed on Wednesdays of the week
preceding the next Council meeting.
The cost of each agenda runs between $480.00 and $1,200.00 depending on
the size of the agenda. The cost for publishing Council Agendas in 2009 was
$18,640.00. Currently the agendas are posted in the plaza in front of City Hall,
at each of the libraries, copies are available in the Council Chambers when the
packet is released. Agendas are also linked to the City Clerk's website, and
members of the public can sign up to be notified when the Council Agenda
Packet is available
In an effort to reduce costs within the City Clerk's Department, the City Clerk
proposed to the Finance Committee and then full Council to amend the
Municipal Code to delete the need to advertise in the newspaper. On June 28,
2010 the Council approved the City Clerk's budget with this included.
RECOMMENDATION
The City Clerk's Department is requesting Council approve:
a) Amending Section 2.04.010 (Regular Meeting) to"The determination to hold
the meeting at a place other than the Council Chambers may be made by the
Mayor prior to the regular meeting date; provided, that notice of the change in
place for conduct of the meeting shall be faxed to the local newspapers.
b) Amending Section 2.04.070 (Agenda) to change Wednesday to Tuesday.'
c) Delete the requirement to publish in a newspaper of general circulation.
Prepared bY~~
Beth Minor, Assistant City erk
Department Head: /,A..~~~~.14((""':~~~V
Donna Grider, City
· Not Yet Approved
prior to the time scheduled for the meeting and during the meeting. If the ~~ll!lEil ___ --{ Deleted: C ~--------------~ adjourns its meeting from the council chambers to another place, then notice to
adjourn and the identity of the new place for holding the meeting shall be posted
on the council chamber§. door during the time the meeting is being held.
(b) Each year, no later than Q!Lthe third meeting in February, the
council shall by resolution schedule its vacation for that year. The resolution shall
designate the dates of this scheduled vacation and the city clerk will give notice
thereof by whatever means are deemed appropriate. During~ ~~h_e~~LexaE~tiqJ!, ___ --I>-D_e~let=ed=:_S81='d===~=~==<
there shall not be ~cheduled or held any regJ!lar meetin& of the council~r of the ---Deleted: annual
council standing committees, unless it is an-adjourned -reguiar -meeting~ -The ~\~,-->=D=e=leted==:=no"';;;~======<
mayor or a majority of the council may call a special meeting during the \' >-D-e-Iettld--:~s--=-~-~=<
scheduled vacation~ if necessary. \ >-De-I-et.;.ed-:-n--------<
SECTION 3. Section 2.04.070 (Agenda) of Chapter 2.04 of Title 2
(Administrative Code) of the Palo Alto Municipal Code is hereby amended to
read, as follows:
2.04.070
/ 1 Deleted: .
~~~~~I!.-- - - - - - - - - - --- - -~ - - - --- - - - - - - - - - - - - --/ / /
(a) The city clerk shall prepare the agenda of all matters to be submitted
to the council at its regular meeting according to the order of business which may
be set forth in the ~~~ set forth in the city council procedures & council
protocols, numbering each item consecutively.
__ --{ Deleted: council's procedural
/ 1 Deleted: Wedoesday
(b) Not later than 12:00 noon on theluesday P~~c~~lLt!J.~ !l~~(r~gt!l~ _ / / /
meeting, the city clerk shall be notified by the city manager or city attorney of the /
titles of all agenda items to be submitted to the council at its next regular meeting .. _ / / /
(c) The city manager, with the prior approval of the mayor, is
authorized to designate upon the agenda of the council, Jtems that shall be taken
up as the first item of business or at a specific time during the-course-of the -----'\ \
meeting. Upon.th.a! !t~~-1 !1!e_ ~~ll!lEil_ll!~ ~u_sP~l!<!. ~q1!s!<!.e.!!!ti~n...:qt:t!t~ it~~_ t!t~~ _ _ \\\
under discussion, or may complete consideration of such item, and then must \ \
commence consideration of such item for which time is specified, without further ' \,
action to take.th.a! !t~~_ ql!.t _of .9!~e! _uP.9!l.!l!~ !!gep.~. ______________________ _
(d) All reports, ordinances, resolutions, contracts, documents or other
matters and supporting materials in sufficient quantity for full packet distribution
shall to the greatest extent possible be delivered to the city clerk no later than the
Deleted: 1be city clerk shall cause a
summarized digest of the agenda to be
published in a newspaper of general
circu1ation at least twenty-four hours
before each meeting. This section shall
be directory so that failure to provide the
notification and digest publication shall
not prevent addition of matters to the
council agenda in any other manner
allowed by law.
Deleted: and the city clerlc shall publish
in the agenda digest,
~ Deleted: said
Deleted: said
~ednesday Er~~~~g !1!e_l!~x! !~s.ull!l"_l!?-~~t!n.8~ T!t~ Ei!Y _c!e!~ ~~!!1!p~ep~e_t!J.~ ____ - -1,-D_e_leted __ : Thurs __ da....:y:....-____ .J
agenda of all such matters according to the order of business~ which may be s.et
forth in the.J11les set forth in the city council procedures & council protocol§,. ______ -Deleted: council's procedural
numbering each item consecutively. A complete copy of such agenda and the --Deleted: rules -lI~I!EO}!~g !1!a~r!~~ ~1!1!:.1l_ t,9 _t!J.~ 8!:e_a!e!l! ~~~~tJ!~s~i1>!~ ~~ ~~l!~e!~<!. Q~ tp.~~~<!. !o ___ --"'>=D-e-Ieted-==: -afo=re=s81='d====~=<
100712 jb 0073401 2
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Ordinance No.
Ordinance of the Council of the City of Palo Alto
Amending Section 2.04.01 0, Relating to Notice of
Regular Meetings, and Section 2.04.070, Relating to
Notice of Agendas, of Chapter 2.04 of Title 2 of the Palo
Alto Municipal Code
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings. The City Council finds that:
1. The public interest requires that periodic revision of the municipal
code is necessary in order to make editorial changes for clarification purposes and to
make revisions that are consistent with current practice and public policy.
2. The deletion of the requirement for publication of notice" relating to the
changing of the meeting of the council to another place by the mayor and a summarized
digest of the agenda at least 24 hours before a regular meeting would reduce the City's
budget costs.
3. The increase in time by one day from Thursdays to Wednesdays
affording the City Clerk additional time to prepare and process the agendas for Council
meetings will promote efficiency and productivity and reduce costs of the City Clerk's
office.
SECTION 2. Section 2.04.010 (Regular Meeting) of Chapter 2.04 of
Title 2 (Administrative Code) of the Palo Alto Municipal Code is hereby amended to
read, as follows:
2.04.010 Regular Meeting.
(a) The council of the city shall hold regular meetings on the first three
Mondays of each month, at.?':9Q J>..:l!l.:!l! !1!.e_ ~(~I!.~.cil_~~li!l!b_e~ ~f !l!e_ ~ity _I:!~~ ___ -1 Deleted: seven
250 Hamilton Avenue, in ~ _ cj!Y.L ~~~s __ ~~ _ ~0.!l!l~~ _ ~1!~~e_~ _ ~1!.all_ .!>~ ___ -li==D=e=leted==: sa=id======~
determined by a majority vote of the council to be inadequate or unavailable for a '------------'
meeting, in which event the council may designate some other suitable place in
the city for the conduct of the meeting. The determination to hold the meeting at a
place other than the council chambers may be made by the mayor prior to the
regular meeting date; provided, that notice of the change in place for conduct of
the meeting shall bqto~te~ .J~liO! _ t~ _ t!t~ _~~e_tip.$.at a public location at the City :: -i==De==Ieted==..;: PU_b_li=sh_ed===~~
Hall plaza and sent by facsimile transmission to a newspaper of general -Deleted: in a newspaper ofgenera1
circulation in the city, setting forth the reasons for the change, and a copy of the circulation published in the city
notice shall be posted on the council chamber~ door for at least twenty-four hours
100712 jb 007340 I 1
~ot~etJ\pproved
each council member and each department head so as to reach the recipient not ,1,-D_e_leted __ : Thurs __ da....:y:.....-____ ~
later than 7:00 p.m. on the~ednesday pr~~~dJl!g ~~cp._~o~~~ P!~e!i!tg:. ________ ,,'
(e) The agenda and materials, including any letters from council
members to their colleagues concerning agenda items, shall be made available to
the public, all newspapers of general circulation within the city, and in the office
of the city clerk, and shall be delivered to all city libraries, except the Children's
Library, by 9:00 a.m. on the Friday preceding each council meeting, and posted in
the council chambers during each meeting. Copies of the agenda may be obtained
during business hours !2v,.no later than the Friday preceding the meeting and the
day of the meeting at the office of the city clerk, at all city libraries, except the
Children's Library, and in the council chambers during each meeting.
SECTION 4. The Council finds that deleting the publication requirement
for the changed locations of Council meetings and deleting the requirements for
publishing agenda digests and increasing the time available to the City Clerk to manage
agenda items do not meet the definition of a project under the California Environmental
Quality Act pursuant to California Public Resources Code Section 21065, and therefore
no environment impact assessment is necessary.
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SECTION 5. This ordinance shall be effective on the thirty-first day after
the date of its adoption.
INTRODUCED:
PASSED:
100712 jb 007340 1 3
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Assistant City Attorney
100712 jb 0073401
~ot~etJ\pproved
Mayor
APPROVED:
City Manager
Director of Administrative. Services
4