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HomeMy WebLinkAbout2025-06-09 City Council Agenda PacketCITY COUNCIL Regular Meeting Monday, June 09, 2025 Council Chambers & Hybrid 5:30 PM Amended Agenda Amended agenda items appear below in RED Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org. VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900-6833 PUBLIC COMMENTS General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda. Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. Written public comments can be submitted in advance to city.council@PaloAlto.gov and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line. PowerPoints, videos, or other media to be presented during public comment are accepted only by email to city.clerk@PaloAlto.gov at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted. Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting. TIME ESTIMATES Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public. 1 June 09, 2025 Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas. CALL TO ORDER   SPECIAL ORDERS OF THE DAY (5:30 - 5:40 PM)   1.Proclamation Honoring James Moss for his Years of Service to the City of Palo Alto AGENDA CHANGES, ADDITIONS AND DELETIONS   PUBLIC COMMENT (5:40 - 6:10 PM) Members of the public may speak in-person ONLY to any item NOT on the agenda. 1-3 minutes depending on number of speakers. Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda. COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:10 - 6:20 PM) Members of the public may not speak to the item(s).   STUDY SESSION (6:20 - 7:20 PM)   2.Cubberley Project: Discuss First Round Polling Results and Feedback from Community and Stakeholder Engagement Activities and Review an Update on the Workplan for the Cubberley Master Plan and Consideration of November 2026 Ballot Measure; CEQA Status – the Master Plan will undergo CEQA review   CONSENT CALENDAR (7:20 - 7:25 PM) Items will be voted in one motion unless removed from the calendar by three Council Members.  3.Approval of Minutes from May 27, 2025 Meeting 4.2025 Annual Water Supply and Demand CEQA Status Assessment -- Exempt under Water Code Section 10652. 5.Approval of Proposed 10 Year Energy Efficiency Goals for 2026-2035 as Recommended by the Utilities Advisory Commission; CEQA Status – Not a Project. 6.Approval of a Professional Services Contract No. C26193873 with Avenidas, Inc. in an Amount Not-to-Exceed $3,186,528 for Provision of Comprehensive Services to Older Adults for a Term of Five Years; CEQA Status – Not a Project 7.Approval of a Professional Services Contract Number C25192686 with Statewide Traffic Safety and Signs, Inc. in an Amount Not-to-Exceed of $2,125,000 for On-Call Traffic  2 June 09, 2025 Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas. Control Services for Utilities a Period of Five (5) Years; CEQA Status – Not a Project 8.Approve Three Professional Service Contracts: (1) Contract Number C25191790A with Ampirical Services, Inc.; (2) Contract Number C25191790B with Burns & McDonnell Western Enterprises, Inc.; and (3) Contract Number C25191790D with Transformer Consulting Services, Inc. in an Aggregated Amount Not-to-Exceed $15,000,000 Over a Three-Year Period for Utilities Electric Engineering Consulting Services and delegate authority to the City Manager to execute each vendor’s contract for two additional one- year extensions and increase the aggregated not to exceed amount to $25,000,000 ; CEQA Status: Not a Project 9.Approval of Construction Contract No. C25193640 with FieldTurf USA, Inc. in the Amount of $3,064,185 for Stanford Palo Alto Community Playing Fields Turf Replacement Project PG-26000, and Authorization of Contract Contingency in an Amount Not-to-Exceed $306,419; and Amend the FY 2025 Budget in the Capital Improvement Fund and the Parks Dedication Fund; CEQA status – categorically exempt under CEQA Guidelines sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction). 10.Approval of Construction Contract No. C25194274 with O’Grady Paving, Inc. in the Amount Not-to-Exceed $1,218,317 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders Up to a Not-to-Exceed Amount of $121,832 for the Fiscal Year 2025 Streets Preventative Maintenance Project; Capital Improvement Program Projects PE-86070 and PO-11001; CEQA Status – Exempt under CEQA Guidelines Section 15301(c) 11.Approval of Amendment No. 1 to Contract No. C22183804 With Jacobs Engineering Group, Inc. to Increase the Contract Amount by $150,000 to $1,030,569, to Update the Hourly Rate Schedule, and to Extend the Contract Term to June 30, 2026 for Engineering Services During Construction; Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc. to Increase the Contract Amount by $245,095 to $1,097,595 for Construction Management Services, to add Exhibit C-2 Schedule of Rates, and to Extend the Contract Term to June 30, 2026; and Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc. to Increase the Contract Amount by $397,800 to $15,093,184 for Construction Management Services and to add Exhibit C-2 Schedule of Rates, Funded by Wastewater Treatment Enterprise Fund for the Joint Intercepting Sewer Rehabilitation (Phase 1) Project (WQ-24000); CEQA Status – Exempt under CEQA Guidelines Section 15301 (Repairs to Existing Facilities) 12.Approval of Contract Amendment Number 1 to Contract Number C24193066 with Origami Risk in the Amount of $3,163 for API Integration Resulting in a New Not-to- Exceed Amount of $209,473 for claims processing services. CEQA Status – Not a Project.  3 June 09, 2025 Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas. 13.Approval of Contract Amendment Number 1 to Contract Number S22183280 with Sloan Sakai Yeung & Wong, LLP for Legal Services, Extending the Term to July 1, 2028 and Increasing the Amount Not to Exceed by $200,000, Bringing the New Total Not to Exceed to $455,000; CEQA Status – Not a Project. 14.FIRST READING: Adoption of an Ordinance amending Section 15.04.410 (Definition of Wildland-Urban Interface Fire Area) to adopt and incorporate the 2025 CAL FIRE Fire Hazard Severity Zone (FHSZ) Map for the City of Palo Alto. CEQA status: Not a Project. 15.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Chapter 18.42 (Standards for Special Uses) of the Palo Alto Municipal Code on a Temporary Basis to Modify the Procedure and Standards Governing the Review of Wireless Communications Facilities Applications; and repealing Resolution 9873 (Amending Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights of Way) (FIRST READING: May 19, 2025, PASSED: 7-0) CITY MANAGER COMMENTS (7:25 - 7:40 PM)   BREAK (15 MINUTES) ACTION ITEMS (Item 16: 7:55 - 8:25 PM, Item AA1: 8:25 - 9:25 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters.   16.Adoption of the Community Development Block Grant (CDBG) Fiscal Year (FY) 2025- 2026 Annual Action Plan, 2025-2030 Consolidated Plan, and a Resolution Approving Use of CDBG Funds for FY 2025-2026 as Recommended by the Human Relations Commission. CEQA Status: Exempt under CEQA Guidelines Section 15378(b)(4). 17.Approve a Resolution to Allow Dining and Retail Encroachments on Car Free California Avenue under PAMC Ch. 12.11; Direct Staff to Approve the Car Free California Avenue Outdoor Activation Program Regulations Including Reference to the Program fees in the FY 2026 Municipal Fee Schedule; Adopt a Resolution Allowing Open Containers in Conjunction with Third Thursday Performances in 2025; Direct Staff to Review Differences Between the Open Container Resolution and an Entertainment Zone as Recommended by the Retail Committee. CEQA Status – categorically exempt. Item Removed Off Agenda (Rescheduled to be heard at the June 17, 2025 City Council Meeting)  4 June 09, 2025 Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas. AA1.LEGISLATIVE. Adoption of a Temporary, Emergency Ordinance Amending Title 18 and Title 21 to Reflect Changes in State Law in Accordance with Senate Bill 1123 and Related Direction to Staff Regarding Updates to the Land Use Element of the Comprehensive Plan. CEQA Status: Exempt Pursuant to Government Code Sections 65852.28 and 66499.41. New Item Added, Supplemental Report Added ADJOURNMENT INFORMATION REPORTS Information reports are provided for informational purposes only to the Council and the public but are not listed for action or discussion during this meeting’s agenda.   A.Accessory Dwelling Unit (ADU) - 2025 Quarter 1 (January - March 2025) Report B.Community Wildfire Protection Plan / Foothills Fire Management Plan Update 2025; CEQA status – categorically exempt. C.Fiscal Year 2025 Third Quarter Financial Status Report D.Print Shop Status Report - 18-Month Update; CEQA Status – Not a Project OTHER INFORMATION Standing Committee Meetings this week Policy & Services Committee June 10, 2025 CANCELED Climate Action & Sustainability Committee June 13, 2025 Public Comment Letters Schedule of Meetings   AMENDED / SUPPLEMENTAL AGENDA ITEMS   17.Approve a Resolution to Allow Dining and Retail Encroachments on Car Free California Avenue under PAMC Ch. 12.11; Direct Staff to Approve the Car Free California Avenue Outdoor Activation Program Regulations Including Reference to the Program fees in the FY 2026 Municipal Fee Schedule; Adopt a Resolution Allowing Open Containers in  5 June 09, 2025 Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas. Conjunction with Third Thursday Performances in 2025; Direct Staff to Review Differences Between the Open Container Resolution and an Entertainment Zone as Recommended by the Retail Committee. CEQA Status – categorically exempt. Item Removed Off Agenda (Rescheduled to be heard at the June 17, 2025 City Council Meeting)   AA1.LEGISLATIVE. Adoption of a Temporary, Emergency Ordinance Amending Title 18 and Title 21 to Reflect Changes in State Law in Accordance with Senate Bill 1123 and Related Direction to Staff Regarding Updates to the Land Use Element of the Comprehensive Plan. CEQA Status: Exempt Pursuant to Government Code Sections 65852.28 and 66499.41. New Item Added, Supplemental Report Added   PUBLIC COMMENT INSTRUCTIONS Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1.Written public comments may be submitted by email to city.council@PaloAlto.gov. 2.For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item. 3.Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom-based meeting. Please read the following instructions carefully. ◦You may download the Zoom client or connect to the meeting in- browser. If using your browser, make sure you are using a current, up-to-date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. ◦You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. ◦When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. ◦When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4.Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called  6 June 09, 2025 Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas. please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN Meeting ID: 362-027-238 Phone: 1-669-900-6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329-2550 (voice) or by emailing ada@PaloAlto.gov. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.   California Government Code §84308, commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $500 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures and have a value over $50,000. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $500 made within the last 12 months, you must disclose the campaign contribution before making your comments.  7 June 09, 2025 Materials submitted after distribution of the agenda packet are available for public inspection at www.paloalto.gov/agendas. City Council Staff Report From: City Manager Report Type: SPECIAL ORDERS OF THE DAY Lead Department: Community Services Meeting Date: June 9, 2025 Report #:2504-4467 TITLE Proclamation Honoring James Moss for his 42 Years of Service to the City of Palo Alto ATTACHMENTS Attachment A: Proclamation Honoring James Moss for his Years of Service to the City of Palo Alto APPROVED BY: Kristen O'Kane, Community Services Director Item 1 Item 1 Staff Report        Item 1: Staff Report Pg. 1  Packet Pg. 8 of 578  HONORING JAMES MOSS FOR HIS SERVICE TO THE CITY OF PALO ALTO WHEREAS, James Moss began his career with the City of Palo Alto in 1982, serving for eight years as a Recreation Leader in the Recreation Department, where he organized special events and managed team sports; and WHEREAS, in 1990, he transitioned to the Community Services Department, Parks Division, beginning as a Parks Maintenance Assistant, where he demonstrated a strong work ethic and a commitment to the community; and WHEREAS, James was promoted multiple times throughout his career: to Parks Maintenance Person in 1992, Sprinkler Repair Person in 1998, Parks Crew Lead in 2000, and Field Service Inspector in 2004; and WHEREAS, James went above and beyond his required duties by seeking and obtaining his Certified Playground Safety Inspector (CPSI) license in 2003, a certification he has maintained by testing every three years, setting a standard that has since become a requirement for the position; and WHEREAS, his efforts significantly improved the quality of the city’s playing fields, where he collaborated with local sports leagues to ensure fields were game-ready, making a lasting impact on youth sports in the community; and WHEREAS, he has dedicated an extraordinary 42 years of service to improving the city’s parks, fields, and recreational facilities, contributing his expertise and leadership in various roles, from recreation leader to park maintenance and inspection; and WHEREAS, he has served as a mentor to his colleagues, encouraging and guiding crew members to advance their careers with the City, leaving a legacy of knowledge and encouragement; and WHEREAS, James is deeply proud of the opportunity to give back to the community, reflecting his lifelong dedication to making Palo Alto a better place for future generations. NOW, THEREFORE I, Ed Lauing, Mayor of the City of Palo Alto, on behalf of the entire City Council, do hereby extend our deepest appreciation to James Moss for his 42 years of exceptional service, his unwavering commitment to improving our community, and the indelible impact he has made on the City of Palo Alto. Presented: June 9, 2025 APPROVED: ______________________ Mayor Ed Lauing ______________________ ______________________ Vice Mayor Vicki Veenker Councilmember Pat Burt ______________________ ______________________ Councilmember George Lu Councilmember Julie Lythcott-Haims ______________________ ______________________ Councilmember Keith Reckdahl Councilmember Greer Stone ATTEST: ______________________ City Clerk APPROVED AS TO FORM: ______________________ ______________________ City Manager City Attorney Proclamation Item 1 Attachment A - Proclamation Honoring James Moss for his Years of Service to the City of Palo Alto        Item 1: Staff Report Pg. 2  Packet Pg. 9 of 578  6 7 0 5 City Council Staff Report From: City Manager Report Type: STUDY SESSION Lead Department: Community Services Meeting Date: June 9, 2025 Report #:2503-4313 TITLE Cubberley Project: Discuss First Round Polling Results and Feedback from Community and Stakeholder Engagement Activities and Review an Update on the Workplan for the Cubberley Master Plan and Consideration of November 2026 Ballot Measure; CEQA Status – the Master Plan will undergo CEQA review RECOMMENDATION This is a study session and no Council action is requested. Staff will present the findings of first round polling results related to the Cubberley Master Plan project and provide an update on the project workplan. EXECUTIVE SUMMARY This staff report outlines the results of the first community poll (Attachment A), shares community engagement milestones coming up, and updates the work completed to date. The focus of the first poll was to survey voter input on the goals and future of the community center and possible support for a tax or bond measure. Overall, the poll found broad majority support for improvements at the Cubberley site. Surveyed voters place highest priority on bringing the facility up to modern standards for electrical, plumbing, safety, and accessibility; early childhood education; affordability and efficient use of taxpayer dollars; and overall repairs for the facility. BACKGROUND There has been extensive foundational work completed to support the advancement of the Cubberley Project, including several actions by the City Council. Attachment B shares a summary of actions to date and the history of the Cubberley site, including the April 21 City Council discussion on poll themes, April 22 Parks and Recreation Commission progress update, and results of the March 19 Co-Design Master Plan community meeting. Item 2 Item 2 Staff Report        Item 2: Staff Report Pg. 1  Packet Pg. 10 of 578  6 7 0 5 Work completed to date can be found on the City’s website at www.paloalto.gov/cubberleyproject. Staff reports related to this project can be found under the “Archived Work on Cubberley” section of the webpage. ANALYSIS Community Poll Number One Results Gauging public opinion, ballot measure strategic planning, and community and stakeholder engagement are integral components of the Cubberley Project workplan. The work plan is designed to establish an iterative approach with multiple touchpoints throughout the development and refinement of the Master Plan, and advance placement of a ballot measure for the November 2026 election. The focus of the first poll was to survey voter input on the goals and the future of the Cubberley site and possible support for a tax or bond measure. The Cubberley Ad Hoc Committee (Committee) provided input on themes to survey, and other polling elements. The City Council reviewed the draft poll outline on April 21, 20251 and supported the launch of this poll. The poll ran from April 28 to May 7, with a total of 437 residents interviewed via phone and online. The poll results are attached to this report (Attachment A) and summarized below. -There is broad majority support for improvements at the Cubberley site; reaching the two-thirds voter threshold requires refinement of community engagement and messaging. -Voters place the highest priority on efficient use of taxpayer dollars, basic building improvements (wiring, earthquake, plumbing) and greenspace. The most persuasive messages focused on basic repairs and safety improvements, as well as providing childcare at the site and affordable opportunities for recreation. -Voters viewed certain amenities as less important; some examples are pickleball, tennis courts, and dog parks. -Voters have strong majority support and are willing to pay $250 per year, per household, in additional taxes for the project. Some are willing to pay as much as $500 per year, while support at the two-thirds threshold in this initial poll was not achieved. The next two polls will inform voter support in more detail. The next community poll will be launched in November 2025 to test voter opinion of a refined concept plan, a possible phased approach, tax characteristics, and bond sizing. The third community poll, expected to launch in spring 2026, will be the final poll and will test voter support of ballot measure language. 1 City Council, April 21, 2025: https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=83361 Item 2 Item 2 Staff Report        Item 2: Staff Report Pg. 2  Packet Pg. 11 of 578  6 7 0 5 As next steps, the Cubberley Master Plan will be refined based on community input and poll results, by December 2025 for Council adoption in March 2026. Simultaneously, results will inform changes to the community engagement and outreach plan. Cubberley Vision Statement and adaptable destination that promotes learning, connections, joy, and wellbeing where all cultures and generations belong.” This refined statement will be presented back to the community at the upcoming meeting on June 12. Cubberley Workplan Progress bold) •Feb 18, 2025 – City Council Visioning Session •March 19, 2025 – First Cubberley Master Planning Community Meeting •April 21, 2025 – City Council direction on Poll #1 themes •April 22, 2025 – Presentation to Parks and Recreation Commission •April 28, 2025 –Poll #1 released to Palo Alto community •June 9, 2025 – City Council review of Poll #1 results •June 12, 2025 – Second Cubberley Master Planning Community Meeting Item 2 Item 2 Staff Report        Item 2: Staff Report Pg. 3  Packet Pg. 12 of 578  6 7 0 5 •August 2025 – City Council recap of second community meeting and concept plan review •September 17, 2025 – Third Cubberley Master Planning Community Meeting •October 2025 – Council recap of third community meeting •November 2025 – Release Poll #2 •December 2025 – Final Cubberley Master Plan Presentation to City Council •March 2026 – Adopt Master Plan and CEQA •April 2026 – Release Poll #3 •June 2026 – Council approval to place a measure on the November ballot •August 2026 – Deadline to submit Final Ballot Language for November Election •November 2026 – Election and placement of a ballot measure Other work ongoing and underway includes beginning California Environmental Quality Act (CEQA) analysis of the master plan, developing future financial and operating models to ensure long-term fiscal sustainability, developing a purchase and sale agreement with PAUSD, coordinating with the Friends of the Palo Alto Recreation Wellness Center and continuing community outreach and stakeholder engagement. FISCAL/RESOURCE IMPACT The FY 2025 Adopted Operating Budget includes a $1.0 million reserve to support real property acquisition activities. In alignment with the original intention of the reserve and various Council actions, this reserve funding has been transferred to the Cubberley Community Center Redevelopment CIP Project (CB-26000). Funding is to be used for the Cubberley Master Plan, CEQA environmental review, public opinion research services, and ballot strategy consulting services. The following uses have been or are anticipated to be incurred in FY 2025: Table 1: Cubberley Uses Master Plan Update (Concordia)2 $631,966 CEQA environmental review (Rincon)3 $202,322 First round polling (FM3)*4 $43,988 Strategy consultant (Lew Edwards Group)*4 $27,000 Municipal financial advisor (PFM)$20,000 Utilities study $30,000 2 City Council, December 2, 2024, Mater Plan for the Cubberley Site: https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=83117 3 City Council, December 16, 2024, Approval of Contract with Rincon Consultants: https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=83167 4 City Council, February 24, 2025, Approval of Contracts with FM3 and The Lew Edwards Group: https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=83267 Item 2 Item 2 Staff Report        Item 2: Staff Report Pg. 4  Packet Pg. 13 of 578  6 7 0 5 Outside counsel $25,000 Total Use $980,276 *These contracts are multi-year and additional costs are anticipated to be supported by the FY 2026 proposed real property reserve of $700,000, which is subject to City Council appropriation of funds through the annual budget process. STAKEHOLDER ENGAGEMENT Community outreach and stakeholder engagement efforts for the project have been extensive and remain a central component of the overall process. The current focus is to encourage robust community participation through master planning meetings and associated polling activities. Following the adoption of a new master plan, staff will initiate broader community outreach and engagement strategies aimed at generating excitement and awareness about the transformative potential of the future facility and campus. In the interim, staff are actively developing strategies and solutions to keep the community well-informed, engaged, and enthusiastic about the project's progress and long-term vision that will ultimately lead to a ballot measure in November 2026. In addition to community meetings and updates to the City Council, Project updates and ways to stay involved and informed are shared through: •Community meetings and in person engagement and Cubberley fellows assisting as ambassadors for this effort and supporting the in-person engagement, •Project website (www.paloalto.gov/cubberleyproject), •Online comment card asking for priorities and open field to share vision and service needs, •City updates via medium.com blog space (February 205, March 276, May 157), •Project updates sent via email newsletter to the project distribution list and project updates shared through City channels including Nextdoor and other digital newsletters, •Utility bill inserts, •Resident mailers, and •Tabling at key City events. 5 PaloAltoConnect, February 20, 2025 – 5 Ways to Join the Cubberley Conversation: https://medium.com/paloaltoconnect/5-ways-to-join-the-cubberley-conversation-398a667a5d15 6 PaloAltoConnect, March 27, 2025 – Themes Heard During the First Cubberley Community Conversation: https://medium.com/paloaltoconnect/themes-heard-during-the-first-cubberley-community-conversation- 52996c534c65 7 PaloAltoConnect, May 15, 2025 – Shaping the Future of Cubberley: What We Heard – and What’s Next: https://medium.com/paloaltoconnect/shaping-the-future-of-cubberley-what-we-heard-and-whats-next- adfa5125b714 Item 2 Item 2 Staff Report        Item 2: Staff Report Pg. 5  Packet Pg. 14 of 578  6 7 0 5 ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Item 2 Item 2 Staff Report        Item 2: Staff Report Pg. 6  Packet Pg. 15 of 578  Palo Alto Cubberley Community Site One Survey Analysis Results of a Study Conducted April 28‐May 7, 2025 220‐7517 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 7  Packet Pg. 16 of 578  Survey Methodology Dates April 28‐May 7, 2025 Survey Type Dual‐mode Voter Survey Alto VotersResearch Population Interviews (Full Sample) ±4.9% at the 95% Confidence Level (Half Sample) ±7.0% at the 95% Confidence LevelMargin of Sampling Error Telephone Email Invitations Text InvitationsContact Methods Telephone Online InterviewsData Collection Modes Tracking 2008, 2013, 2016, 2018, 2020, 2021 & 2022 (Note: Not All Results Will Sum to 100% Due to Rounding) 2 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 8  Packet Pg. 17 of 578  Community Context 3 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 9  Packet Pg. 18 of 578  Palo Alto voters are intensely concerned about the cost of housing, few other issues a concern for even half of those polled. Please consider the following issues that some people suggest are problems facing Palo Alto. Please indicate you think it is an extremely serious problem, a very serious problem, a somewhat serious problem, not too serious a problem for residents of Palo Alto. Extremely/VeryExtremely Serious Problem Very Serious Problem Somewhat Serious Problem Not Too Serious Problem Don't Know Serious Problem The cost of housing 44% 32% 23% 18% 34% 23% 23% 16%5% Lack of available housing 25%58%4% Climate change 26% 21% 18% 19% 23%5% Lack of adequate shelter and services for people 25%23% 36% 13% 7% 19% 12% who are homeless ^The amount you pay in local taxes 15% 14% 23% ^Waste and inefficiency in local government 23% ^The amount people pay in City taxes 12% 18% 7% 21% 23%31% The risk of natural disaster, such as earthquake,29%flooding, heat waves or wildfire smoke Q3. ^Not Part of Split Sample 4 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 10  Packet Pg. 19 of 578  Most do not see “a lack of activities or dedicated for children” as a serious problem. Extremely/VeryExtremely Serious Problem Very Serious Problem Somewhat Serious Problem Not Too Serious Problem Don't Know Serious Problem Too much housing growth and development 14% 11% 16% 7% 18% 54%25%5% ^The condition of the local economy 33%9% 23% 25% A lack of activities or dedicated spaces for teens 7% 13% 9% 26%31% 55% and young adults Litter and nuisances from homeless encampments 30%47% The risk of wildfire or megafires A lack of activities or dedicated spaces for children A lack of activities for senior wellness Too much job growth 6% 9% 18%12% 29% 24% 6% 7% 20%39% 54% 5% 13%5% 4% Q3. Please consider the following issues that some people suggest are problems facing Palo Alto. Please indicate whether you think it is an extremely serious problem, a very serious problem, somewhat serious problem, or not too serious a problem for residents of Palo Alto. ^Not Part of Split Sample 5 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 11  Packet Pg. 20 of 578  Experiences with the Cubberley Community Center 6 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 12  Packet Pg. 21 of 578  87% are familiar with the Cubberley Center. How familiar are you with the Cubberley Community Center in Palo Alto on Middlefield Road? Very familiar Somewhat familiar Not too familiar 32% Total Familiar 87%38% 17% Not at all familiar 12% Don't know 1% Q4. 7 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 13  Packet Pg. 22 of 578  Most are dissatisfied with the condition of the Cubberley Center, happy with the services and programs available there. How satisfied are you with the (HALF SAMPLE: condition of) (HALF SAMPLE: services and available at) the Cubberley Community Center? (Asked of Those Familiar with the Center Only, n=381) Services and Programs AvailableCondition 9%Total Satisfied 47% Very satisfied 5%Total Satisfied28% 23% 38%Somewhat satisfied 16%Total Dissatisfied 19% Somewhat dissatisfied dissatisfied 30%Total Dissatisfied 51%3%21% 34%Don't know 22% Q5 Split A, Split B & Total.. 8 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 14  Packet Pg. 23 of 578  Nearly three in five see at least some need for additional funding recreation facilities and services in Palo Alto. In your personal opinion, do you think that Palo Alto has a great need, some need, a little need, or no real need for additional funds for recreation facilities and services including classes, camps, fitness programs or drop‐in casual spaces? Great need need 18%Great/ Some Need58%40% A little need No real need 17%A Little/ No Real Need 34% Don't know 8% Q6. 9 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 15  Packet Pg. 24 of 578  Introducing a Potential Ballot Concept 10 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 16  Packet Pg. 25 of 578  Voters heard or read a brief description of the site and plans for a bond measure. The 35‐acre Cubberley site, located at 4000 Middlefield Road, operated as Cubberley High School in 1956. Today, the City 8 acres of the site, where it operates a community center for classes and in arts, culture and athletics, and sub‐leasing additional space at ‐subsidized rates to various non‐profit and community‐serving groups. Some people have proposed that the City issue a bond measure to purchase an 7 acres of the site. $65.5 million would be paid to the Alto Unified School District for the land. Any additional bond proceeds be used to repair, upgrade and redevelop the community center, a destination with activities, amenities, and offerings that learning, joy, and wellbeing where all cultures and generations belong. Q7. Do you support or oppose this proposal? 11 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 17  Packet Pg. 26 of 578  Three in five support a bond based on this information, fewer than one‐quarter are “strongly” in favor. Strongly support 23%Total Support62%Somewhat support 39% Somewhat oppose oppose 13% 11% TotalOppose24% Don't know 13% Q7. Do you support or oppose this proposal? 12 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 18  Packet Pg. 27 of 578  Voter Priorities and Goals a New Center 13 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 19  Packet Pg. 28 of 578  Evaluating Voter Priorities and Goals for the Center Voters were asked to consider a list of goals the City could have for the future Community Center at Cubberley, and rated them on a 7‐point scale, with “one” meaning “not important at all” and “seven” meaning that the goal is “very important.” We then asked voters to tell us how important a range of potential components of the plan were to them – extremely important, very important somewhat important, or not too important. 14 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 20  Packet Pg. 29 of 578  Top voter goals include giving a place for people to experience and joy – and efficient use of taxpayer dollars. Mean 7 (Very Important)6 Score Efficient use of taxpayer dollars *Providing opportunities for community members to gather and experience joy Pedestrian and cyclist safety 53% 41% 15% 68% 13% 54% 20% 59% 5.9 39% 38% 37% 36% 35% 32% 32% 30% 30% 30% 29% Balancing buildings with green space *Serving children and their families *Providing a place for community members to hang out, connect, and learn *Serving teens and young adults 15% 53% 14% 51% 19% 22% 24% 21% 21% 20% 19% 55% 57% 56% 53% *Providing places to enjoy music and the visual and performing arts as the community and its needs shift community wellness 51% 50% 49% Serving seniors Environmental sustainability Providing opportunities to participate in community wellness activities *Providing a central hub for the community 14% 43% 18% 43%25% 21%*Supporting music and the visual and performing arts 21%42% *Reflecting community pride 11% 12% 23% Q9. Please consider the following goals the City could have for the future Community Center at Cubberley. Please use a scale of one to seven, where “one” means the goal is not important at all and means that the goal is very important. You may choose any number from one to seven. *Split Sample 15 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 21  Packet Pg. 30 of 578  High priorities for the future center include preserving green space, upgrading electrical wiring, plumbing and earthquake safety. Please consider some things that could be priorities in the plan for the future Community Center at Cubberley. Please indicate how each one is to you personally: extremely important, very important, somewhat important, or not too important. Extremely/VeryExtremely Important Very Important Somewhat Important Not Too Important Don't Know Important ^Repairing and upgrading outdated electrical wiring 40% 35% 35% 29% 23% 33% 23% 23% 34% 37% 36% 39% 45% 29% 38% 36% 18%5% 4% ^Preserving trees and green space 19% 8%72% ^Upgrading buildings to meet current earthquake standards 21%4% ^Repairing and upgrading outdated plumbing 23%5% 4% Providing safe spaces for children and teensafter school and in the summerProviding after‐school and summer programs forlocal children and teens 26% 27% 25% 30% 7% ^Improving accessibility for people with disabilities 11% Providing space for gathering and community building Q10. ^Not Part of Split Sample 16 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 22  Packet Pg. 31 of 578  Majorities also prioritize early childhood education spaces and the center to be used as a “resilience hub.” Extremely/VeryExtremely Important Very Important Somewhat Important Not Too Important Don't Know Important Providing early childhood education 19%37% 29% 34% 35% 35% 26%16% Providing an emergency evacuation center or“resilience hub,” that can be used in case of natural disaster 29%14%54% ^Providing space to experience art, performing arts, visual arts 18% 17% 14% 21% 17% 17% ^Providing space for hands‐on learning in science,32%technology and the arts ^Providing places for senior services 4%34%14% Providing a cooling and respite center for hot, cold or smoky days 26% 30% 29% 25%25%4% ^Repairing and upgrading the community theater parking 32%15% 22% 6% 29% Q10. Please consider some things that could be priorities in the plan for the future Community Center at Cubberley. Please indicate how important each one is to you personally: extremely important, very important, important, or not too important. ^Not Part of Split Sample 17 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 23  Packet Pg. 32 of 578  Relatively low priorities include athletics, adult education, spontaneous social connections. Extremely/VeryExtremely Important Very Important Somewhat Important Not Too Important Don't Know ImportantBuilding a flexible space gymnasium for team and athletics 17% 14% 20% 19% 11% 13% 15% 15% 28% 30% 24% 24% 32%20% Providing daycare services 29% 36% 34% 37% 29% 40% 33% 19% 8%45% ^Providing space for non‐profit organizations Providing affordable dance studios, so that artists can to work in the Bay Area 20%4% Providing adult education classes 31%5% Providing a warm‐water therapy pool for seniors, children, with disabilities, and those recovering from injury 27%28% Providing space for spontaneous social connections 4% Building a fitness center for strength training and exercise Q10. Please consider some things that could be priorities in the plan for the future Community Center at Cubberley. Please indicate how important each one is to you personally: extremely important, very important, important, or not too important. ^Not Part of Split Sample 18 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 24  Packet Pg. 33 of 578  Larger shares say pickleball, tennis courts and dog park are “not too important” to them. Extremely/VeryExtremely Important Very Important Somewhat Important Not Too Important Don't Know ImportantProviding affordable artists’ studios, so that artists can to work in the Bay Area 11%27% 26% 33%27% Providing English as a second language classes language classes a community pool a community kitchen a dog park 9%32%26% 31% 38% 33% 44% 48% 53% 6%35% 11% 19% 9% 18% 10% 15% 7% 15% 13% 36% 31% 38% 31% 30% 35% 4% Providing tennis courts 5% Providing pickleball courts 6% Q10. Please consider some things that could be priorities in the plan for the future Community Center at Cubberley. Please indicate how important each one is to you personally: extremely important, very important, important, or not too important. ^Not Part of Split Sample 19 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 25  Packet Pg. 34 of 578  Most are willing to pay as much as $500 in additional per household per year to fund the project. No matter how the money was raised, please indicate whether you would be very willing, somewhat willing,somewhat unwilling, or very unwilling to pay each of the following amounts per household per year in additional taxes. Total Willing Unwilling TotalVery Willing Somewhat Willing Somewhat Unwilling Very Unwilling Don’t Know $250 55%19%7%16%4% 5% 5% 5% 73%23% 35%24%13%24% 18%31%17%28% $1,000 15%29%18%33% Q13. 20 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 26  Packet Pg. 35 of 578  Messaging and Movement 21 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 27  Packet Pg. 36 of 578  Messaging in Favor of a Cubberley Center Bond Ranked by Very Convincing (STANDARDS) Most Cubberley Center buildings are more than 70 years old. They were built well before moderninternet, and do not meet current disabled access and earthquake safety standards. Palo Alto residents deserve acommunity center that is modern, safe and accessible to the entire community. (ECE) Families with children are struggling with the cost of childcare in the Bay Area. This project will creatededicated space for childcare and early childhood education for families from all walks of life. ^(AFFORDABILITY) As the cost of living goes up, it is more important now than ever to invest in free orlow‐cost places for exercise and play that everyone can use close to home. Palo Alto should invest in creating anaffordable, accessible place where people can gather to learn, play, read, enjoy the arts, experience joy, and connectwith one another. (REPAIRS) Cubberley Community Center facilities have significant structural issues with deterioratingelectrical wiring and plumbing. Most buildings are beyond their useful life and would be very costly to repair. That’swhy we should invest in a new, safe, accessible and modern facility for our community to share intothe future. ^(LONG RUN) The longer we wait to repair our recreation and community center, the more it will cost us in the longrun. By making the investment to take care of these buildings today, we can avoid more costly problems in futureyears. (PAUSD) A bond measure for a community center at the Cubberley site is a win‐win for our community.It would provide more than $65 million for our local schools to invest in classroom education, while also creating acenter for members of the community of all ages to gather, learn and play. (SENIORS) One in five Palo Altans is a senior. This project would provide a dedicated place where our seniors canengage in the social and physical activities that get them out into the community, reducing isolation, preventinginjury, and keeping them healthy. Q11. Please consider the following statements from people who may support this potential measure. Please indicate whether you find it very convincing, somewhat convincing, or not convincing as reason to support the measure. ^Not Part of Split Sample 22 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 28  Packet Pg. 37 of 578  Messaging in Favor of a Bond (Continued) Ranked by Very Convincing (LONELINESS) Our society is facing an epidemic of loneliness. This state‐of‐the‐art community center will serve as ahub for people to meet new people, share ideas, and work together – strengthening the fabric of our community andensuring everyone feels connected. ^(EMERGENCY) Palo Alto needs an up‐to‐date and safe location for the community to shelter in times of emergency,such as earthquake or fire, or during hot or smoky days. A new center will be able to provide this critical localresource and help keep our community safe. (AFTERSCHOOL) Unstructured time for children and teens is important – but it ’s often hard to find places to do it.This measure will provide funding to create safe, fun places for children and teens to hang out after school and in thesummer. (SKILLS) Now more than ever, we need places for people to step away from screens, gather and learnhands‐on skills. A renovated community center can provide safe, modern places for people to experiment with 3‐Dprinters, woodworking, electrical tools, and many other valuable skills. (SWIMMING) Swimming is an important life skill and great exercise for everyone. A new pool will hostswim lessons for kids, water aerobics for seniors, swim classes for people of all ages, and a place to cool off duringincreasingly hot summers. (ACCOUNTABILITY) A bond measure to fund community center renovations and upgrades will have strictaccountability provisions, including annual independent financial audits, and public review of expenditures to ensurethat funds are spent efficiently, effectively and as promised. (JOY) The community center at Cubberley will be a unique place where people can gather to experience moments ofjoy and self‐expression – with performances, classes, and simply space to hang out and connect to one another. Q11. Please consider the following statements from people who may support this potential measure. Please indicate whether you find it very convincing, somewhat convincing, or not convincing as reason to support the measure. ^Not Part of Split Sample 23 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 29  Packet Pg. 38 of 578  Positive messaging lifts support to seven in ten, though the negative message reduces resets support for the bond at three in five. Total Support Total OpposeStrongly Support Somewhat Support Don’t Know Somewhat Oppose Strongly Oppose Initial Vote 23%39%13%13%11%62%24% Vote After Pros 35%37%8% 11% 8%72% Voter After Pros and Cons 24%39%5%19%14% Q7. Do you support or oppose this proposal? & Q14. Do you support or oppose a bond measure for a new community center at the Cubberley site? 24 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 30  Packet Pg. 39 of 578  Conclusions 25 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 31  Packet Pg. 40 of 578  Conclusions • Fully 87% are familiar with the Center – and that group is unhappy with its condition, while pleased with its programs and services. • Overall, there is broad majority support for improvements at the Cubberley Site, but reaching approval a two‐thirds threshold may require some careful calibration. . 62% offer conceptual support for a bond measure (without a specific amount included) but only “strongly support” it. However, messaging in favor lifts those figures to 75% total support and strong support. . Most express willingness to pay as much as $500 per year in additional taxes for the project at the household level, with an even broader majority at $250 per year. • Voters place the highest priority on basic building improvements – wiring, earthquake safety, plumbing green space. Programs for youth are also popular. Most of the projects tested are viewed as at least important,” but many lack intensity (such as pickleball, tennis courts and dog parks). • The most‐persuasive messages also focus on basic repairs and safety improvements, as well as providing affordable childcare at the site and providing opportunities for affordable local recreation. • The next step will be a Phase Two survey, which – building on the findings of the current poll ‐ offers voters a more specific ballot measure proposal to consider. 26 Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 32  Packet Pg. 41 of 578  Dave Metz Dave@FM3research.com Miranda Everitt Miranda@FM3research.com Item 2 Attachment A - Palo Alto Cubberley Community Site Phase One Survey Analysis        Item 2: Staff Report Pg. 33  Packet Pg. 42 of 578  The Cubberley Site The 35-acre Cubberley site, located at 4000 Middlefield Road in Palo Alto, operated as Cubberley High School from 1956 to 1979. Beginning in the late 1980’s, the City began leasing portions of the facilities from the Palo Alto Unified School District (PAUSD) at the site. Today, the City operates the areas of Cubberley it controls as a community center, using some of the space for classes and activities in arts, culture, athletics, and sub-leasing additional space at City-subsidized rates to various non-profit and community serving groups. The current lease agreement expires December 31, 20291. Today, the City owns eight acres of the 35-acre site. PAUSD owns the remaining 27 acres, most of which are leased to the City. There are currently 23 tenants and 24 artists leasing space at Cubberley from the City and dozens of groups renting the theater, pavilion, classrooms, and athletic fields from the City. Combined, these groups provide the community with programs that support health and wellness, childcare, education, and visual and performing arts. PAUSD uses its retained space for educational purposes and staff offices and has leases with some third-party tenants. The parking lot in the southeast corner of the property houses portable trailers as a temporary site for Hoover Elementary School during construction at the school’s site. A current site map can be found on the City’s website2. Several master planning efforts have been completed over the years to reimagine and improve the Cubberley site, with the most recent being completed in 20193. Memorandum of Understanding with PAUSD In October 20244, both the City Council and Palo Alto Unified School District (PAUSD or District) Board of Education approved a Memorandum of Understanding (MOU) related to the future of the Cubberley site. The MOU outlines key terms and conditions for the purchase and future planning of Cubberley. The land purchase, which would transfer ownership of seven acres from PAUSD to the City, is contingent on voter approval of a bond measure in November 2026. This condensed timeframe requires development of a master plan for the site by March 2026, conduct stakeholder and community engagement and outreach, polling, financial analysis, CEQA analysis, and other critical tasks. The addition of the seven acres, plus the eight acres already owned by the City of Palo Alto provides an opportunity to develop a new community 1 City Council, December 2, 2024: https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=83118 2 https://www.cityofpaloalto.org/files/assets/public/v/1/city-manager/communications-office/cubberley- community-center_mappdf.pdf 3 Cubberley Concept Plan 2019: https://www.pausd.org/about-us/committees-task-forces/archived- committees/cubberley-master-plan 4 City Council, October 7, 2024; Agenda Item AA1; SR #2409-3500, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=6500 Item 2 Attachment B - Cubberley Project Background        Item 2: Staff Report Pg. 34  Packet Pg. 43 of 578  center and other improvements on a combined 15 acres at the Cubberley site to provide a range of City programs, including health, wellness, and recreational opportunities for residents. Master Plan Update and Pursuit of a Local Ballot Measure To advance the master planning effort the City Council took several actions on December 2, 20245 related to the future of the Cubberley site. These actions included approval of a contract with Concordia, LLC, and associated budget actions for development of a revised Master Plan for the Cubberley Community Center site, building on the previous master plan completed in 2019 by Concordia and guided by significant community input. Additionally, the Council approved a Letter of Intent with the Friends of the Palo Alto Recreation Wellness Center for the purpose of fundraising for a recreation wellness center (gymnasium) at the Cubberley site, and a workplan for pursuit of a November 2026 local ballot measure to fund the purchase of land and development of a new community center at the Cubberley site. Subsequent Council actions included approving a five-year lease with PAUSD6 to continue the current use of the property, including playing fields, approval of a professional services agreement with Rincon for CEQA analysis7, and approval of professional service agreements with Lew Edwards Group and Fairbank, Maslin, Metz & Associates8 for ballot measure strategy advisement and community polling. Cubberley Ad Hoc Committee The Council established the Cubberley Ad Hoc Committee (as a non-Brown Act body) to review and advise staff on efforts related to polling and development of a ballot measure that will successfully receive voter support in 2026. Efforts include polling, financial and revenue modeling for the community center, master planning, and community outreach to complete the Master Plan and place a measure on the November 2026 ballot. The City Council will serve as the governing body for policy direction at key decision points. This includes direction to conduct polling, review of concept designs, direction on operating and financial models, and decisions on what should be placed on the November 2026 ballot. 5 City Council, December 2, 2024; Agenda Item 18; SR #2410-3634, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=83117 6 City Council, December 2, 2024; Agenda Item 12; SR #2410-3651, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=83118 7 City Council, December 16, 2024; Agenda Item 12; SR #2411-3813, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=83167 8 City Council, February 24, 2025; Agenda Item 4; SR #2501-4039, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=83267 Item 2 Attachment B - Cubberley Project Background        Item 2: Staff Report Pg. 35  Packet Pg. 44 of 578  April 21 City Council Meeting At the April 21, 2025 City Council meeting9, staff presented outcomes from the first community meeting held on March 19, an update on the Cubberley Master Plan Project workplan and sought Council authorization to initiate the first community poll. First Cubberley Master Plan Community Meeting The first community meeting for the Cubberley Master Plan Project was held on March 19, 2025, and was attended by over 120 community members and stakeholders. Participants completed two activities in table groups of up to eight people with guided facilitation, focusing on the vision for the community center, programming, and place making. The first meeting goals included a review of the Vision from the City Council session and then using a list from the previous community engagement process, participants were asked to review and confirm desired programming and adjacencies for the future Community Center. The outcomes of the March 19 meeting were presented10 to the City Council on April 21, 2025. The first activity focused on a review of the Council Vision statement and participants were asked to expand the Vision statement with additional values and ideas. Community members valued: Multipurpose, adaptable spaces to accommodate diverse uses over time; Gathering hubs for interconnectivity and communication between diverse social, cultural and generational groups; Accessibility for all ages, cultures and abilities to access holistic wellness resources; Integration of green space and sustainability features in experiential and infrastructural planning; and Affordability for local Palo Altans and for tenants who have a community focus. Overall, participants focused on flexibility, inclusivity, sustainability, and long- term community engagement as high-level themes. The second activity focused on programming and adjacencies of indoor and outdoor spaces. The most selected indoor programs were Theater/Performance Space, Dance Classes, Art Studio, Art Classes, followed by Gym Facility, Flexible Rental Space, and a Café. For outdoor programs, Open Greenspace was the most selected program followed by Playground, Amphitheater, and Pool/Water Area. Compared to 2019, the most mentioned programs then (indoor and outdoor) were Adult Education, Theater/Performance Space, Greenspace, Makerspace, and Senior/Multigenerational Programs. Feedback on First Community Poll 9 City Council, April 21, 2025; Agenda Item 11; SR #2503-4310, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=83361 10 Staff Presentation, April 21, 2025; https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=71ade3d7-a57a-4195-a59b-c410d90832ea Item 2 Attachment B - Cubberley Project Background        Item 2: Staff Report Pg. 36  Packet Pg. 45 of 578  Polling experts, FM3 presented11 themes for the first community poll designed to test voter opinions on the community center’s goals, preferred uses, and willingness to support funding through a tax or bond. The poll themes and questions were developed with input from the Cubberley Ad Hoc Committee and will inform critical upcoming milestones in the project. The Council did not take an action but supported proceeding with the poll. April 22 Parks & Recreation Commission Meeting 11 FM3 Presentation, April 21, 2025; https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=83ec6422-b6e4-4e83-9ca3-ca746a5971a0 Item 2 Attachment B - Cubberley Project Background        Item 2: Staff Report Pg. 37  Packet Pg. 46 of 578  City Council Staff Report Report Type: CONSENT CALENDAR Lead Department: City Clerk Meeting Date: June 9, 2025 Report #:2505-4738 TITLE Approval of Minutes from May 27, 2025 Meeting RECOMMENDATION Staff recommends that the City Council review and approve the minutes. ATTACHMENTS Attachment A: May 27, 2025 Draft Action Minutes APPROVED BY: Mahealani Ah Yun, City Clerk Item 3 Item 3 Staff Report        Item 3: Staff Report Pg. 1  Packet Pg. 47 of 578  CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 5 Special Meeting May 27, 2025 The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M. Present In Person: Burt, Lauing, Lu, Lythcott-Haims, Reckdahl, Stone, Veenker Veenker Arrived at 5:31 P.M. Present Remotely: Absent: Special Orders of the Day 1. Interview Candidates for the Vacancies on the Architectural Review Board; CEQA Status – Not a Project NO ACTION Closed Session AA1. CONFERENCE WITH LEGAL COUNSEL—POTENTIAL LITIGATION (two cases) Subject: Initiation of litigation in two cases, American Federation of Government Employees v. Trump, US District Court for the Northern District of California, Case No. 25-CV-03698 and City and County of San Francisco v. Trump, US District Court for the Northern District of California, Case No. 25-CV-01350 Authority: Government Code Section 54956.9(d)(4) MOTION: Councilmember Lu moved, seconded by Councilmember Reckdahl to go into Closed Session. MOTION PASSED: 7-0 Council went into Closed Session at 6:36 P.M. Council returned from Closed Session at 8:00 P.M. Item 3 Attachment A - May 27, 2025 Draft Action Minutes        Item 3: Staff Report Pg. 2  Packet Pg. 48 of 578  DRAFT ACTION MINUTES Page 2 of 5 Sp. City Council Meeting Draft Action Minutes: 05/27/2025 Mayor Lauing announced that the Council directed the City Attorney to take necessary steps to join the case of City and County of San Francisco v. Trump, US District Court for the Northern District of California, Case No. 25-CV-01350. This challenges federal executive orders and administrative directives that threaten to withhold federal funds and initiate enforcement action against state and local government entities which limit local cooperation with federal immigration enforcement. This is action taken in compliance with the California Values Act. Vote: 7-0 Agenda Changes, Additions and Deletions Public Comment Council Member Questions, Comments and Announcements Consent Calendar MOTION: Vice Mayor Veenker moved, seconded by Councilmember Reckdahl to approve Agenda Item Numbers 2-5. MOTION PASSED: 7-0 2. Approval of Minutes from May 12, 2025 Meeting 3. Approval of Professional Services Contract Number C25193676 With Franklin Energy Services LLC, in the Amount Not-to-Exceed $7,054,863 over a three-year term to Administer Turnkey Home Electrification Program as Part of the Advanced Single-Family Electrification Program and Amend the Fiscal Year Budget Appropriation for the Gas Fund; CEQA Status: -- Not a Project under CEQA Guidelines 15378(b)(5) 4. Adoption of Resolution Suspending the Levy of Assessments on the Downtown Palo Alto Business Improvement District (BID) Assessment for Fiscal Year 2026; CEQA status – not a project. 5. Approval of Contract Amendment Number 4 to Contract #S20178065 with OIR Group, in the Amount of $40,000 and for a one-year extension to continue Independent Police Auditing Services in Palo Alto. CEQA Status – Not a Project. Item 3 Attachment A - May 27, 2025 Draft Action Minutes        Item 3: Staff Report Pg. 3  Packet Pg. 49 of 578  DRAFT ACTION MINUTES Page 3 of 5 Sp. City Council Meeting Draft Action Minutes: 05/27/2025 City Manager Comments Ed Shikada, City Manager Action Items 6. PUBLIC HEARING / QUASI-JUDICIAL. 4075 El Camino Way [23PLN-00202]: Recommendation on Applicant’s Request for an Amendment to a Planned Community Zone District (PC-5116) to Allow for Modifications to an Existing 121-Unit Assisted Living and Memory Care Facility. The Additions Would Include 16 Additional Assisted Living Units and 172 Square Feet of Additional Support Space. Environmental Assessment: Exempt from the Provisions of the California Environmental Quality Act (CEQA) in Accordance with CEQA Guidelines Section 15301 (Modifications to Existing Facilities). Zoning District: PC-5116 (Planned Community). (Continued from 5/5/2025 - On May 5, 2025, the Council Received Presentations and Public Testimony; the Item Will be Continued to May 27 for Council Deliberation and Action - No Public Testimony Will be Heard on May 27.) MOTION: Mayor Lauing moved, seconded by Councilmember Stone to approve the staff recommendations with the following changes: 1. Implement the Planning and Transportation Commission recommendation for the seven (7) new units - away from rear neighbors; 2. Create a tighter Transportation Demand Management program to ensure compliance and document the process and penalties for non-compliance; 3. Institute and enforce first-priority for occupants who are Palo Alto residents and specifically define this including length of prior residency (minimum one-year). MOTION PASSED/FAILED: X-X SUBSTITUTE MOTION: Councilmember Burt moved, seconded by Councilmember Lu to refer this project back to the Planning and Transportation Commission for a review of a project between 11 to 13 units that would eliminate the 3rd floor units adjacent to Wilkie Way backyards. SUBSTITUTE MOTION PASSED: 4-3, Reckdahl, Lauing, Stone no Item 3 Attachment A - May 27, 2025 Draft Action Minutes        Item 3: Staff Report Pg. 4  Packet Pg. 50 of 578  DRAFT ACTION MINUTES Page 4 of 5 Sp. City Council Meeting Draft Action Minutes: 05/27/2025 7. FIRST READING: Adoption of an Ordinance Amending Palo Alto Municipal Code Titles 18 (Zoning) and 16 (Building Regulations) to Modify the El Camino Real Focus Area, Implementing Program 3.4E of the Housing Element, and Updating the Housing Incentive Program. CEQA Status: the Addendum to the Comprehensive Plan Environmental Impact Report (EIR), Considered by the City Council on April 15, 2024, Analyzed Potential Environmental Impacts of the 6th Cycle Draft Housing Element Including Program 3.4E. Vice Mayor Veenker, Councilmember Lu, and City Manager Shikada recused from Agenda Item Number 7. MOTION: Councilmember Burt moved, seconded by Councilmember Reckdahl to adopt an ordinance amending Chapters 18.14 and 16.58 of the Palo Alto Municipal Code (PAMC) (Attachment A) to implement Program 3.4E of the Housing Element regarding the El Camino Real Focus Area expansion and modification of development standards with the additional amendments: 1. Modification to the Hansen Way setback to 20-foot; 2. Inclusion of Tier 2 properties a 2905, 2951, and 2999 El Camino Real; a. Direct staff to return to Council with a proposal for Rezoning the property behind 2999 from R1 to an appropriate transition for housing below-grade setbacks 3. Allow below-grade encroachments to PR zone properties within the Focus Area that are subdivided by parcel map; 4. Height for the El Camino Focus Area would be 80-feet for development for housing only or 85-feet for housing with ground-floor retail or hotel development 4. WITHDRAWN FROM THE MOTION WITH THE CONSENT OF THE MAKER AND SECONDER FINAL MOTION: Councilmember Burt moved, seconded by Councilmember Reckdahl to adopt an ordinance amending Chapters 18.14 and 16.58 of the Palo Alto Municipal Code (PAMC) (Attachment A) to implement Program 3.4E of the Housing Element regarding the El Camino Real Focus Area expansion and modification of development standards with the additional amendments: 1. Direct staff to pursue modification to the Hansen Way special setback to 20-feet; 2. Inclusion of Tier 2 properties a 2905, 2951, and 2999 El Camino Real; a. Direct staff to return to Council with a proposal for Rezoning the property behind 2999 from R1 to an appropriate transition for housing; Item 3 Attachment A - May 27, 2025 Draft Action Minutes        Item 3: Staff Report Pg. 5  Packet Pg. 51 of 578  DRAFT ACTION MINUTES Page 5 of 5 Sp. City Council Meeting Draft Action Minutes: 05/27/2025 3. Allow below-grade encroachments to RP Zone properties within the Focus Area that are subdivided by parcel map; 4. Up to 50% of open space can be fulfilled by area of a natural creek space; 5. Direct staff to allow provisions of up to 85-feet hotel development and increased FAR and to allow hotel on RM Zones within the Focus Area. FINAL MOTION PASSED: 5-0-2, Veenker, Lu recused Adjournment: The meeting was adjourned at 11:23 P.M. ATTEST: APPROVED: ____________________ ____________________ City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC) 2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section 2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website. Item 3 Attachment A - May 27, 2025 Draft Action Minutes        Item 3: Staff Report Pg. 6  Packet Pg. 52 of 578  City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Utilities Meeting Date: June 9, 2025 Report #:2504-4515 TITLE 2025 Annual Water Supply and Demand CEQA Status Assessment -- Exempt under Water Code Section 10652. RECOMMENDATION Staff and the Utilities Advisory Commission (UAC) recommend City Council adopt the 2025 Annual Water Shortage Assessment Report. BACKGROUND Beginning in 2022, every urban water supplier in California must conduct an Annual Water Supply and Demand Assessment as required by California Water Code Section 10632(a). Each urban water supplier must also submit an Annual Water Shortage Assessment Report to the Department of Water Resources (DWR) on or before July 1, as required by California Water Code Section 10632.1. The City’s Annual Water Shortage Assessment Report (Attachment A, Tables 1- 5) shows that there is no water shortage anticipated for Fiscal Year 2026. On April 15, 2025, the San Francisco Public Utilities Commission (SFPUC), Palo Alto’s water supplier, provided Palo Alto with the Water Supply Availability Update indicating for the current water year, Hetch Hetchy watershed has experienced nearly average conditions for precipitation and snowpack. The City of Palo Alto encourages continued water conservation efforts and the City’s website contains more information about available water conservation programs.1 DUSCUSSION To prepare the 2025 Annual Water Shortage Assessment Report, staff followed the procedures outlined in its Water Shortage Contingency Plan, contained in Section 7 of the City’s 2020 Urban Water Management Plan (UWMP).2 Palo Alto’s 2025 Annual Water Shortage Assessment Report uses the DWR-developed Optional Annual Assessment Tool format. This format includes the 5 tables shown in Attachment A. Staff will submit the standard tables to DWR by July 1, 2025. “Table 1. Annual Assessment Information” (Table 1) provides required overview information. The 1 https://www.cityofpaloalto.org/Departments/Utilities/Sustainability/Ways-to-Save 2 https://www.cityofpaloalto.org/files/assets/public/v/1/utilities/uwmp/2020-uwmp_final-submission-to-dwr.pdf Item 4 Item 4 Staff Report        Item 4: Staff Report Pg. 1  Packet Pg. 53 of 578  remaining tables project water supply and demand for FY 2026 under dry conditions, as required, and finds that there is no projected water shortage. Potable Water •“Table 2: Water Demands” (Table 2) provides a demand projection for each month of FY 2026; •“Table 3: Water Supplies” (Table 3) notes that there is sufficient supply to meet Palo Alto’s demand and projects supply equal to the demand projection since there is no projected water shortage in FY 2026; •“Table 4(P): Potable Water Shortage Assessment” (Table 4(P)) compares projected FY 2025 demand with supply and illustrates that there is no shortage projected for FY 2026; •“Table 5: Planned Water Shortage Response Actions” (Table 5) shows no triggered water shortage actions. Non-Potable Water FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT Item 4 Item 4 Staff Report        Item 4: Staff Report Pg. 2  Packet Pg. 54 of 578  ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Item 4 Item 4 Staff Report        Item 4: Staff Report Pg. 3  Packet Pg. 55 of 578  7 6 8 5 Attachment A: 2025 Annual Water Shortage Assessment Report Tables Item 4 Attachment A - 2025 Water Supply and Demand Assessment Tables        Item 4: Staff Report Pg. 4  Packet Pg. 56 of 578  7 6 8 5 T A Y ( S 2 E 2 V (A S S J E J D M W W C C K C A S 2 Z 9 P ( E k R ( P P P E W 2 W 6 O A T A O A 6 O T s M p s s s d 2 ( Item 4 Attachment A - 2025 Water Supply and Demand Assessment Tables        Item 4: Staff Report Pg. 5  Packet Pg. 57 of 578  7 6 8 5 = = U S 2 V 2:A J A S O N D J F M A M J T D A 1 1 1 1 9 6 6 5 6 6 9 1 1 0000000001111966566911 A T 5 5 3 2 1 2 2 1 9 2 4 5 3 0000 5 5 3 2 1 2 2 1 9 2 4 5 3 J A S O N D J F M A M J T 0 0 0 0 T 1 3 T 1P 2U 3W N T A D ( L T f P S D l D M T w o ( D D T F O L T Item 4 Attachment A - 2025 Water Supply and Demand Assessment Tables        Item 4: Staff Report Pg. 6  Packet Pg. 58 of 578  7 6 8 5 = = W S 2 V 2:A J A S O N D J F M A M J T W S P S P U C R W S S 1 1 1 1 9 6 6 5 6 6 9 1 1 000000000 1 1 1 1 9 6 6 5 6 6 9 1 1 0 R R W t W Q C 5 5 3 2 1 2 2 1 9 2 4 5 3 0000 5 5 3 2 1 2 2 1 9 2 4 5 3 0 J A S O N D J F M A M J T 0 T 1 P 3 W Q D L T o Y ( A D W S D M t s r o ( P N e O 1P 2U 3W N m T T Item 4 Attachment A - 2025 Water Supply and Demand Assessment Tables        Item 4: Staff Report Pg. 7  Packet Pg. 59 of 578  7 6 8 5 = Auto calculated = From prior tables = For manual input Table 4(P): Potable Water Shortage Assessment1 Start Year:2025 Volumetric Unit Used2: AF Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun3 Total Anticipated Unconstrained Demand 1310 1285 1307 1088 929 686 654 575 660 697 969 1135 11295 Anticipated Total Water Supply 1310 1285 1307 1088 929 686 654 575 660 697 969 1135 11295 Surplus/Shortage w/o WSCP Action 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 % Surplus/Shortage w/o WSCP Action 0%0%0%0%0%0%0%0%0%0%0%0%0% State Standard Shortage Level 0 0 0 0 0 0 0 0 0 0 0 0 0 Planned WSCP Actions4 Benefit from WSCP: Supply Augmentation 0.0 Benefit from WSCP: Demand Reduction 0.0 Revised Surplus/Shortage with WSCP 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 % Revised Surplus/Shortage with WSCP 0%0%0%0%0%0%0%0%0%0%0%0%0% 1Assessments are based on best available data at time of submitting the report and actual volumes could be different due to many factors. 2Units of measure (AF, CCF, MG) must remain consistent. 3When optional monthly volumes aren't provided, verify Tables 2 and 3 use the same columns for data entry and are reflected properly in Table 4 and make sure to use those same columns to enter the benefits from Planned WSCP Actions. Please see directions on the shortage balancing exercise in the Table Instructions. If a shortage is projected, the supplier is highly recommended to perform a monthly analysis to more accurately identify the time of shortage. 4If you enter any WSCP Benefits, then you must enter the corresponding planned Actions into Table 5. = Auto calculated = From prior tables = For manual input Item 4 Attachment A - 2025 Water Supply and Demand Assessment Tables        Item 4: Staff Report Pg. 8  Packet Pg. 60 of 578  7 6 8 5 Table 4(NP): Non-Potable Water Shortage Assessment1 Start Year:2025 Volumetric Unit Used2: AF Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun3 Total Anticipated Unconstrained Demand: Non-Potable 54 53 35 22 11 2 2 11 9 24 42 50 315 Anticipated Total Water Supply: Non-Potable 54 53 35 22 11 2 2 11 9 24 42 50 315 Surplus/Shortage w/o WSCP Action: Non-Potable 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 % Surplus/Shortage w/o WSCP Action: Non-Potable 0%0%0%0%0%0%0%0%0%0%0%0%0% Planned WSCP Actions4 Benefit from WSCP: Supply Augmentation 0.0 Benefit from WSCP: Demand Reduction 0.0 Revised Surplus/Shortage with WSCP 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 % Revised Surplus/Shortage with WSCP 0%0%0%0%0%0%0%0%0%0%0%0%0% 1Assessments are based on best available data at time of submitting the report and actual volumes could be different due to many factors. 2Units of measure (AF, CCF, MG) must remain consistent. 3When optional monthly volumes aren't provided, verify Tables 2 and 3 use the same columns for data entry and are reflected properly in Table 4 and make sure to use those same columns to enter the benefits from Planned WSCP Actions. Please see directions on the shortage balancing exercise in the Table Instructions. If a shortage is projected, the supplier is highly recommended to perform a monthly analysis to more accurately identify the time of shortage. 4If you enter any WSCP Benefits, then you must enter the corresponding planned Actions into Table 5. Item 4 Attachment A - 2025 Water Supply and Demand Assessment Tables        Item 4: Staff Report Pg. 9  Packet Pg. 61 of 578  7 6 8 5 J 2 t 2 E ( L S V S E N N o a a e1I R 2I a T A H r ( W a i 2?I a i (Y 1: S A ( T b s A L D S 6 S P 1 i Item 4 Attachment A - 2025 Water Supply and Demand Assessment Tables        Item 4: Staff Report Pg. 10  Packet Pg. 62 of 578  City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Utilities Meeting Date: June 9, 2025 Report #:2505-4611 TITLE Approval of Proposed 10 Year Energy Efficiency Goals for 2026-2035 as Recommended by the Utilities Advisory Commission; CEQA Status – Not a Project. RECOMMENDATION Staff and the Utilities Advisory Commission (UAC) recommend the City Council approve the proposed annual and cumulative Electric Efficiency Goals for the period 2026 to 2035 as shown in the summary table below. EXECUTIVE SUMMARY Palo Alto has long recognized cost-effective energy efficiency (EE) as the highest priority energy resource, given that EE typically displaces relatively expensive electricity generation, lowers energy bills for customers, and contributes to economic development and job creation. As required by state legislation, the City adopted its first set of 10-year energy efficiency goals in April 2007, and updated these goals in 2010, 2012, 2017, and 2021. The proposed 10-year EE goals shown in the summary table below were presented to the UAC on May 7th, 2025. After discussion of the purpose and methodology of developing these 10-year EE goals, the UAC voted 5 to 2 in favor of recommending the proposed goals for Council approval. EE savings that can be counted towards these goals are restricted to those savings directly attributable to utility programs that are funded by a mandated public benefits charge (2.85% of electric retail revenue). EE upgrades that customers undertake without participating in utility programs as well as EE savings achieved through federal and state appliance and building standards currently cannot be counted towards the City’s EE goals. The savings reported here and targeted by these goals represent a subset of the actual energy efficiency upgrades taking place in Palo Alto. Over the past decade, building and appliance efficiency standards have become increasingly stringent. As federal and state efficiency standards increase, the energy savings attributable to utility programs decline. Item 5 Item 5 Staff Report        Item 5: Staff Report Pg. 1  Packet Pg. 63 of 578  For this current EE goals update, staff proposes annual EE savings targets of 0.24% in 2026, increasing to 0.55% in 2032 and holding stable through 2035, with a cumulative 10-year EE savings of 2.8% of the City’s projected electric load. These targets reflect the continued decrease in traditionally available EE savings as electrification projects become an increasing focus for consumers as well as utility programs, and stricter state codes and regulations shrinking the amount of claimable EE savings. Much of the upward trend between the 2028 and 2032 targets can be attributed to the expectation of a future conservation voltage reduction (CVR) program once Advanced Metering Infrastructure is in place. Summary Table: Annual Electric Energy Efficiency Goals (% of total City customer usage) Electric (%) Electric MWh 2026 0.24%2,083 2027 0.24%2,105 2028 0.31%2,645 2029 0.36%3,105 2030 0.42%3,597 2031 0.48%4,082 2032 0.54%4,571 2033 0.55%4,558 2034 0.53%4,423 2035 0.53%4,426 Cumulative1 10-year EE Goal 2.80%23,230 BACKGROUND 1 Cumulative EE savings are not equal to the sum of the annual incremental goals due to the differences in how long the electricity savings persist for different measures and different types of EE savings. For example, new hardware upgrades contribute savings over their expected lifetimes, perhaps 15 years, whereas electricity savings from changing thermostat set-points are assumed to contribute savings over a much shorter period of time. Item 5 Item 5 Staff Report        Item 5: Staff Report Pg. 2  Packet Pg. 64 of 578  electric savings of 5.7% between 2018 and 2027. The most recent set of 10-year EE goals was adopted by City Council in 2021, with cumulative 10-year electric savings of 4.4% between 2022 and 2031. AB 2227 (2012) changed the triennial energy efficiency target-setting schedule to a quadrennial schedule, beginning March 15, 2013 and every fourth year thereafter. The proposed 2026-2035 10-year EE goals have been provided to the California Energy Commission as a placeholder, understanding that final goals will be confirmed pending City Council approval. Figure 1. Electric Efficiency Goals and Achievements for 2008-2024. 0.0% 0.2% 0.4% 0.6% 0.8% 1.0% 1.2% 1.4% 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Actual Savings 2008 - 2017 Goals 2011 - 2020 Goals 2014 - 2023 Goals 2018 - 2027 Goals 2022 - 2031 Goals Percentages represent EE savings Item 5 Item 5 Staff Report        Item 5: Staff Report Pg. 3  Packet Pg. 65 of 578  by 2030. The statute lists a variety of programs to achieve the doubling of efficiency savings, including: 1) appliance and building standards; 2) utility programs that offer financial incentives, rebates, technical assistance and support to customers to increase EE; 3) programs that achieve EE savings through operational, behavioral and retro-commissioning activities; and 4) programs that save energy in final end uses through reducing distribution feeder voltage (i.e. conservation voltage reduction). ANALYSIS Item 5 Item 5 Staff Report        Item 5: Staff Report Pg. 4  Packet Pg. 66 of 578  enacted Assembly Bill 2208 (AB 2208) in 2022 mandating the phase-out of fluorescent lighting starting in 2024. This bill will have a significant impact on CPAU EE program savings since nonresidential lighting projects have made up as much as 60% of total reported EE savings in recent years. Proposed Electric Efficiency Goals 2. Figure 3. Historic EE Savings and Proposed Annual Electric EE Goals on an Energy Basis shows the actual historical EE savings and the proposed 2026 to 2035 EE goals. 3 This means they do not include the energy savings that would have occurred in the absence of utility incentives, and therefore most accurately reflect the EE savings attributable to CPAU’s programs. CPAU also excludes savings attributable to the state’s building and appliance 2 EE savings attributed to state mandated codes and standards are excluded from the EE potential for CPAU, and therefore also cannot count toward meeting its EE goals. 3 The 2026 – 2035 Goals assumes free-ridership at the measure level using an average net-to-gross (NTG) ratio of 0.85 except for low income and conservation voltage reduction programs, where the assume is 1.0 (no free ridership). The NTG ratios are based on California statewide evaluation studies and are documented in Database of Energy Efficiency Results (DEER). Generally, mature, low-cost technologies tend to have higher free-ridership. Item 5 Item 5 Staff Report        Item 5: Staff Report Pg. 5  Packet Pg. 67 of 578  standards. In order to allow comparison with other utilities that set goals on a gross basis, the proposed annual goals in Figure 2 are shown as proposed (on a net basis without including codes and standards), as well as on a gross basis. Figure 2. Comparison to Proposed 2021 Electric EE goals and 2017 Electric EE Goals. 0.0% 0.1% 0.2% 0.3% 0.4% 0.5% 0.6% 0.7% 0.8% 0.9% 1.0% 201820192020202120222023202420252026202720282029203020312032203320342035 2026 - 2035 Goals (Gross) 2026 - 2035 Goals 2022 - 2031 Goals (Gross) 2022 - 2031 Goals 2018 - 2027 Goals Percentages represent EE savings relative to load Item 5 Item 5 Staff Report        Item 5: Staff Report Pg. 6  Packet Pg. 68 of 578  pursuing efficiency projects. Figure 3. Historic EE Savings and Proposed Annual Electric EE Goals on an Energy Basis. 0 2,500 5,000 7,500 10,000 12,500 2008200920102011201220132014201520162017201820192020202120222023202420252026202720282029203020312032203320342035 MWh Actual Savings 2026 to 2035 Goals Item 5 Item 5 Staff Report        Item 5: Staff Report Pg. 7  Packet Pg. 69 of 578  Figure 4. Proposed 2026-2035 Cumulative Electric EE Goals. Achieving these EE goals will require the deployment of new innovative program designs, increasing awareness of existing programs, and developing other program approaches to reach previously stranded sections of the energy efficiency market potential. While the proposed EE goals may appear lower than past goals and historical savings, the proposed goals will require tremendous program execution and successful AMI implementation prior to launching a conservation voltage reduction program. Staff will need to carefully evaluate how the florescent lighting regulations will impact the existing Business Customer Rebate and Commercial and Industrial Energy Efficiency programs. These programs have historically generated the bulk of energy efficiency savings, so understanding the future potential of lighting savings projects and exploring additional opportunities will be critical to the success of reaching these targets. 0 5,000 10,000 15,000 20,000 25,000 0.0% 0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 Res Cumulative Market Potential Non-Res Cumulative Market Potential CVR Potential (If Claimed)Total Cumulative Potential as a % of Total Sales Cumulative Net Market Potential by Sector All Sectors Energy Potential (MWh) and % of Sales MW h % o f A n n u a l G W h S a l e s Item 5 Item 5 Staff Report        Item 5: Staff Report Pg. 8  Packet Pg. 70 of 578  In addition, once the City implements an Advanced Metering Infrastructure (AMI) backbone of a smart-grid system, staff plans to launch a conservation voltage reduction program using the AMI infrastructure on primary feeders. This program could generate savings of up to 1% of city’s annual electricity load, with implementation expected to start in 2028. These plans are subject to Council review and approval. Projected Electric EE Program Costs 4 surcharge of 2.85% of the electric utility bill for all customers. To meet the proposed EE goals, staff estimates an annual EE budget of $1.5M to $1.7M per year from 2026 to 2035. This projected EE program budget is anticipated to be fully funded by the annual PB collections. 4 Locally owned municipal utilities like CPAU must collect Public Benefits funds as required by section 385 of the Public Utilities Code, to be used on cost-effective energy efficiency and conservation, low income programs, investments in renewable energy resources and technologies, and research and development. Item 5 Item 5 Staff Report        Item 5: Staff Report Pg. 9  Packet Pg. 71 of 578  Figure 5. Actual and Projected Electric EE Program Costs. EE programs impact retail rates in two ways. First, a lower electric load means that fixed costs (capital investments and fixed operating costs to run the electric utility) must be distributed over a lower electric sales volume, thereby increasing the average electric retail rate. Second, the use of funds to support EE programs increases the revenue requirements for the electric utility. Increased charging of electric vehicles, electrification of natural gas appliances, and other electric load growth could mitigate the retail rate impact of the EE programs. While rates increase, total bills are expected to be reduced over the lifetime of the EE savings. This report contains preliminary estimates of the costs of achieving the proposed electric EE goals. The detailed budget plan and staffing needs to meet the annual EE goals will be part of the annual City budgeting process. The annual budget will present the costs for both internally administered, as well as contractor supported, efficiency programs. Adoption of the proposed electric 10-year EE goals will replace the 2021 10-year electric EE goals and will inform the EE program planning and load forecasting for the next four years. These goals $- $0.5 $1.0 $1.5 $2.0 $2.5 $3.0 $3.5 $4.0 $4.5 2008200920102011201220132014201520162017201820192020202120222023202420252026202720282029203020312032203320342035 Millions Actuals through 2024 Preliminary estimate 2025 Item 5 Item 5 Staff Report        Item 5: Staff Report Pg. 10  Packet Pg. 72 of 578  will also be included in the Electric Utility Integrated Resource Plan, and the City’s Sustainability Implementation Plan. The proposed 2026 - 2035 electric EE goals are consistent with the Utilities Strategic Plan, and the City’s Sustainability and Climate Action Plan (S/CAP). STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Item 5 Item 5 Staff Report        Item 5: Staff Report Pg. 11  Packet Pg. 73 of 578  City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Community Services Meeting Date: June 9, 2025 Report #:2505-4654 TITLE Approval of a Professional Services Contract No. C26193873 with Avenidas, Inc. in an Amount Not-to-Exceed $3,186,528 for Provision of Comprehensive Services to Older Adults for a Term of Five Years; CEQA Status – Not a Project RECOMMENDATION Staff recommends that the Council authorize the City Manager or their designee to execute Contract No. C26193873 with Avenidas Inc., (Avenidas) for the provision of comprehensive services to older adults, their families and caregivers in Palo Alto for a contract term of five years and a total not to exceed $3,186,528. EXECUTIVE SUMMARY This contract (Attachment A) supports the provision of comprehensive services to older adults in the community by Avenidas, Inc. The diverse services supported by this contract include information & referral services, adult day health services, case management, counseling, support groups, health screening, volunteer opportunities, classes and workshops, transportation assistance, provision of routine health maintenance, provision of services that assist older adults in being able to live safely and independently as a long as possible in their own homes, among other services. An exemption from competitive solicitation per Palo Alto Municipal Code section 2.30.360(d) was approved by the City Manager or their designee. BACKGROUND Senior services in Palo Alto have long been provided by a nonprofit partner. The historical relationship between the City and Avenidas (previously the Senior Coordinating Council-SCC) extends over 40 years and is summarized below. Several significant events and changes occurred during this time period including: Item 6 Item 6 Staff Report        Item 6: Staff Report Pg. 1  Packet Pg. 74 of 578  •In 1971, the City established Senior Adult Services based on a study by the Senior Coordinating Council (SCC), expanding services in the following years. •The City funded SCC programs (Senior Day Health, Home Repair) and its own services prior to the establishment of the Senior Center. •The City offered SCC the Old Police/Fire Station for $1/year, contingent on SCC raising $1.2 million for renovations, and committed to operating support. •In 1978, the City transferred its Senior Adult Services to SCC and began funding Senior Center operations. •SCC agreed to seek community and non-City funding as part of its service agreement. •SCC rebranded as Avenidas in 1996. •In May 2014 (FY2015), Council approved direct contracts with Avenidas and PACCC, removing them from the HSRAP review process, with FY2016–FY2020 being the first contract term. •In 2014, Avenidas requested and received a new 50-year lease (expiring in 2064) for major rehabilitation and facility upgrades. •Avenidas re-opened in April 2019 after a $20M renovation, with $5M contributed by the City. •The current contract for senior services (C21178949) runs from July 1, 2020, to June 30, 2025, and was approved on November 9, 2020.1 Avenidas was removed from the HSRAP process in May 2014 and entered into separate professional service contract with five-year terms. Contract amounts have steadily increased to reflect CPI increases, which was applied when funding was available. The table below summarizes these contracts. Contract Term Contract Amount FY2016-FY2020 $2,394,566 FY2021-FY2025 $2,740,467 Avenidas is the only provider of comprehensive services to older adults in the community with sufficient capacity and experience to perform the services requested and the City maintains a 50-year lease with the service provider at 450 Bryant St. as noted above and authorized substantial investment in the facility, justifying award as a sole source contract and exempt 1 City Council, November 9, 2020; Summary Minutes, Item 8; https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=42696 Item 6 Item 6 Staff Report        Item 6: Staff Report Pg. 2  Packet Pg. 75 of 578  from solicitation. An exemption from competitive solicitation per Palo Alto Municipal Code section 2.30.360(d) was approved by the City Manager. Staff conducted a review of service providers that included: (1) evaluating services offered by known organizations such as the Family YMCA and Oshman Family Jewish Community Center (JCC); (2) conducting an internet search for additional providers; and (3) reviewing Living Well – A Resource Guide for Adults 50+ by Palo Alto Weekly, which is a thorough guide for local senior services. Findings indicate that while both the YMCA and JCC offer some senior-focused programs— primarily fitness-related—they do not provide the full range of services the City seeks. The YMCA offers one older adult class daily and a twice-weekly Parkinson’s class. The JCC offers limited senior-specific programs, such as occasional trips and a men’s group, but no dedicated fitness classes for older adults. Other available services are primarily for residents of senior care facilities or are located outside Palo Alto. As such, staff confirms that Avenidas remains the only local organization providing comprehensive senior services. Recognizing that the City Council is currently in the process of developing a Nonprofit Workplan on how to manage nonprofit partnerships, this contract aligns with the standards for nonprofit contracts as listed in the 2022 Nonprofit Agreement Risk Management Review Audit Recommendations.2 This includes ensuring that nonprofit contracts define specific service levels, goals and objectives, and reporting requirements. This contract will be closely monitored by staff in the Office of Human Services (OHS), including review of semi-annual reports and payment requests. Additionally, on a biennial basis, Avenidas will submit a copy of an independent financial audit and OHS staff will conduct a status review of Avenidas’ agreed- upon performance indicators that may include a site visit. ANALYSIS According to U.S. Census American Community Survey data,3 20.4% of Palo Alto residents were above the age of 65 in 2023, a sizable demographic in the community. In all surrounding communities, comprehensive older adult services are provided in city operated senior centers. As detailed at the beginning of the background section, the City of Palo Alto made a conscious decision in 1978 to transfer older adult services to Avenidas and provided initial funding for the operation of the senior center. Since that time, the City has provided funding to Avenidas (presently 7% of their total operating budget) to assist with the provision of comprehensive services to older adults in Palo Alto and been authorized to operate out of the City’s facility at 2 Policy and Services Committee, June 14, 2022; Item 1; https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=34809 3 U.S. Census American Community Survey 2023; https://data.census.gov/profile/Palo_Alto_city,_California?g=160XX00US0655282 Item 6 Item 6 Staff Report        Item 6: Staff Report Pg. 3  Packet Pg. 76 of 578  450 Bryant Street. Avenidas is an important service provider in our community. The older adults in our community have access to dynamic and extensive programming at their three service locations: Avenidas at 450 Bryant Street; Avenidas Chinese Community Center at Cubberley, and Avenidas Rose Kleiner Center in Mountain View. The 2025-2030 contract for the provision of comprehensive scope of services is guided by four overarching goals: 1. To support the AT-RISK OLDER ADULTS in their efforts to maintain and improve their functional ability to remain in their own homes and the community. 2. To support CAREGIVERS, particularly spouses and adult children as they care for dependent family members. 3. To support older adults and their families by providing TRANSPORTATION ASSISTANCE allowing them to remain safely in their own homes and in the community. 4. To foster community and STRENGTHEN CONNECTIONS by engaging older adults through partnerships and collaborative programming in areas of enrichment, health, and wellness. Specific tasks of interest to call out as requested by the City and included in the scope of services include: •Work with City staff to assist with appropriate services for the older adult homeless population in Palo Alto •Partner with City staff to plan a “Senior Summit” – currently thought to be a gathering of senior service providers to meet and discuss collaborative solutions to the issues that are facing the older adult community. FISCAL/RESOURCE IMPACT Item 6 Item 6 Staff Report        Item 6: Staff Report Pg. 4  Packet Pg. 77 of 578  STAKEHOLDER ENGAGEMENT In 2023, the Human Relations Commission held a two-part “Older Adult Learning series”4 with representatives from Avenidas and several other local service providers who shared about their programs, the top emerging needs of Older Adults and what the community could do to help address these needs. In September of 2024,5 the Commission deliberated on next steps to address the needs mentioned, several of which are included in the Scope of services of this contract including senior transportation and a senior summit event with local senior services providers. ENVIRONMENTAL REVIEW Approval of this contract is not a project under the California Environmental Quality Act (CEQA) per CEQA Guidelines 15061(b)(3). ATTACHMENTS Attachment A: Avenidas Contract C26193873 APPROVED BY: Kristen O'Kane, Community Services Director 4 Human Relations Commission, October 12, 2023; Item 3; https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=34635 5 Human Relations Commission, September 12, 2024; Action Minutes, Item 3; https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=39926 Item 6 Item 6 Staff Report        Item 6: Staff Report Pg. 5  Packet Pg. 78 of 578  CONTRACT NO. C26193873 BETWEEN THE CITY OF PALO ALTO AND AVENIDAS, INC. This Contract No. C26193873 (“Contract”), dated for convenience on July 1, 2025 by and between the CITY OF PALO ALTO, a California chartered municipal corporation of the State of California (“CITY”), and AVENIDAS, INC. a corporation duly organized and existing under the Nonprofit Corporation Law of the State of California, located at 450 Bryant Street, Palo Alto, CA 94301 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties”. RECITALS: A. CITY desires to engage CONSULTANT to provide services to older adults and their caregivers through enrichment programming and individual and family support services in connection with the Project (the “Services”, as detailed more fully in Exhibit A). NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Contract, the Parties agree: SECTION 1. TERM 1.1 The term of this Contract will commence on July 1, 2025, and will terminate on June 30, 2030, unless this Contract is earlier terminated pursuant to Section 12 of this Contract. 1.2 Upon full execution of this Contract, CONSULTANT will commence work on the initial and subsequent Program tasks in accordance with the time schedule set forth in Exhibit “A”. 1.3 Time is of the essence in the performance of this Contract. 1.4 In the event that the Program is not completed within the time required through any fault of CONSULTANT, CITY’s City Manager will have the option of extending the time schedule for any period of time. This provision will not preclude the recovery of damages for delay caused by CONSULTANT. SECTION 2. SCOPE OF PROGRAM SERVICES; CHANGES & CORRECTIONS 2.1 CONSULTANT shall perform the Services described in Exhibit “A” in accordance with the terms and conditions contained in this Contract. The performance of all Services shall be to the reasonable satisfaction of CITY. 2.2 CITY may require substantial changes in the scope or character of the Basic Services, or the Program, either decreasing or increasing the amount of work required of CONSULTANT. In the event that such changes are required, subject to the approval of CITY’s City Council, as may be necessary, CONSULTANT will be entitled to full compensation for all work performed prior to CONSULTANT’S receipt of the notice of change and further will be entitled to an extension of the time schedule. CITY will not be liable for the cost or payment of any change in work, unless the amount of additional compensation attributable to the change in work is agreed to, in writing, by CITY before CONSULTANT commences the performance of Item 6 Attachment A - Avenidas Contract C26193873        Item 6: Staff Report Pg. 6  Packet Pg. 79 of 578  any such change in work. Any increase in compensation for changes in the work required by CITY will require a Contract amendment executed by the Parties. SECTION 3. QUALIFICATIONS, STATUS, AND DUTIES OF CONSULTANT 3.1 CONSULTANT represents and warrants that it has the expertise and professional qualifications to furnish or cause to be furnished the Services. CONSULTANT further represents and warrants that the program director and every individual, including any consultant, charged with the performance of the Services are duly licensed or certified by the State of California (or any other relevant government or professional organization), to the extent such licensing or certification is required by law to perform the Services, and that the Program will be executed by them or under their supervision. 3.2 CONSULTANT covenants and agrees that it will execute or cause to be executed, the Program. 3.3 CONSULTANT will assign a single program director to have supervisory responsibility for the performance, progress, and execution of the Program. The program director will represent CONSULTANT during the day-to-day work on the Program. If circumstances or conditions subsequent to the execution of this Contract cause the substitution of the program director, the CONSULTANT shall notify the program manager of such a change. 3.4 CONSULTANT represents, warrants and agrees that it will: 3.4.1 Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful administration of the Program; 3.4.2 Keep itself fully informed of and comply with all Federal, State of California, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Contract and any materials used in CONSULTANT’s performance of the Services; 3.4.3 At all times observe and comply with, and cause its employees and consultants, if any, who are assigned to the performance of this Contract to observe and comply with, the laws, ordinances, regulations, orders and decrees mentioned above; and 3.4.4 Will report immediately to the program manager, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and decrees mentioned above in relation to the deliverables. 3.4.5 Comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. 3.5 Any deliverables given to, or prepared or assembled by, CONSULTANT or its consultants, if any, under this Contract will become the property of CITY and will not be made Item 6 Attachment A - Avenidas Contract C26193873        Item 6: Staff Report Pg. 7  Packet Pg. 80 of 578  available to any individual or organization by CONSULTANT or its consultants, if any, without the prior written approval of the City Manager. 3.6 CONSULTANT will provide CITY with copies of any documents which are a part of the deliverables upon their completion and acceptance by CITY. 3.7 If CITY requests additional copies of any documents which are a part of the deliverables, CONSULTANT will provide such additional copies or provide press-ready electronic files. 3.8 CONSULTANT will be responsible for employing or engaging all persons necessary to execute the Program. All consultants of CONSULTANT will be deemed to be directly controlled and supervised by CONSULTANT, which will be responsible for their performance. 3.9 In the execution of the Program, CONSULTANT and its consultants, if any, will at all times be considered independent contractors and not agents or employees of CITY. 3.10 CONSULTANT will perform or obtain or cause to be performed or obtained any and all of the following Additional Services, not included under the Basic Services, if so authorized, in writing, by CITY: 3.10.1 Providing services as an expert witness in connection with any public hearing or meeting, arbitration proceeding, or proceeding of a court of record; 3.10.2 Incurring travel and subsistence expenses for CONSULTANT and its staff beyond those normally required under the Basic Services; 3.10.3 Performing any other Additional Services that may be agreed upon by the parties subsequent to the execution of this Contract; and 3.10.4 Other Additional Services now or hereafter described in Exhibit “A” to this Contract. 3.11 CONSULTANT shall coordinate its services with other existing organizations providing similar services in order to foster community cooperation and to avoid unnecessary duplication of services. 3.12 CONSULTANT shall seek out and apply for other sources of revenue in support of its operation or services from county, state, federal and private sources. Unless deemed inappropriate by the program manager, CITY may support CONSULTANT in its search of grants, funding, or other income by serving as a sponsoring agency, by providing letters of support, or by rendering advice on application for grants. 3.13 CONSULTANT shall include an acknowledgment of CITY funding and support in all appropriate publicity or publications regarding its programs and services using words Item 6 Attachment A - Avenidas Contract C26193873        Item 6: Staff Report Pg. 8  Packet Pg. 81 of 578  to the effect that “services are provided in cooperation with the City of Palo Alto” or “through City of Palo Alto funding” as approved by the program manager. 3.14 Throughout the term of this Contract, CONSULTANT shall remain an independent, nonprofit corporation under the laws of California governed solely by a Board of Directors, with up-to-date bylaws. CONSULTANT shall operate by its Bylaws. Any changes in CONSULTANT’s Articles of Incorporation, Bylaws, or tax-exempt status shall be reported by CONSULTANT immediately to the City’s program manager. 3.15 The Board of Directors of CONSULTANT shall include representation from the broadest possible cross section of the community including: those with expertise and interest in CONSULTANT’s services, representatives from community organizations, and users of CONSULTANT’s services. 3.16 All meetings of the Board of Directors of CONSULTANT shall be open to the public, except meetings, or portions thereof, dealing with personnel or litigation matters or other matters required by law to be confidential. 3.17 CONSULTANT shall keep minutes of all regular and special meetings of its Board of Directors. SECTION 4. DUTIES OF CITY 4.1 The City Manager may represent CITY for all purposes under this Contract. CITY’s Manager of Human Services within the City’s Community Services Department is designated as the Program Manager for the City Manager. The Program Manager will supervise the performance, progress, and execution of the Program, and will be assisted by the Management Assistant for the Office of Human Services. The Program Manager will conduct a biennial review of the Contractor's performance against agreed-upon performance indicators that may include a site visit. The City may, at its discretion, request additional documentation or data to support the reported outcomes. 4.2 In the event CITY should determine from any identifiable source, including but not limited to reports submitted by CONSULTANT under this Contract or any evaluation report from any identifiable source, that there is a condition which requires correction, CITY may forward to CONSULTANT requests for corrective action. Such requests shall indicate the nature of the issue or issues which are to be reviewed to determine the need for corrective action and may include a recommendation as to appropriate corrective action. Within thirty (30) days of CITY’s request, CONSULTANT shall submit its response, which shall include its views of the problem and proposed action, if any. Upon request of either party, the parties shall meet to discuss any such request and response within the thirty-day period specified. SECTION 5. COMPENSATION 5.1 In consideration of the full performance of this Contract, CITY will compensate CONSULTANT in the amount not-to-exceed Three Million, One Hundred Eighty- Item 6 Attachment A - Avenidas Contract C26193873        Item 6: Staff Report Pg. 9  Packet Pg. 82 of 578  Six Thousand, Five Hundred Twenty-Eight Dollars ($3,186,528) as follows, all subject to the provisions of 17.12 and Exhibit “B-1” of this Contract: 5.1.1 In consideration of the full performance of the Basic Services in Exhibit “A” to this Contract, including any authorized reimbursable expense, CITY will pay CONSULTANT a fee not to exceed Five Hundred Ninety-Eight Thousand Nine Hundred Seventy-Two Dollars ($598,972) per fiscal year (July 1 through June 30) subject to Section 17.12 of this Contract. 5.1.2 At CITY’s sole option, City may, starting in Year 2 (July 1, 2026 and on), authorize additional funds of up to One Hundred Ninety-One Thousand, Six Hundred Sixty-Eight Dollars [$191,668], and shall not exceed Forty-Seven Thousand, Nine Hundred Seventeen Dollars [$47,917] per fiscal year, subject to Section 17.12, to be used for the purposes of providing additional Basic Services under this Contract consistent with the additional funds provided. 5.1.3 If the City Council budgets additional funds for the this Contract during a fiscal year, the City Manager may execute an amendment to this Contract on behalf of the City to effectuate the increase. 5.1.4 On the billing form provided by CITY, CONSULTANT shall submit a bill on a quarterly basis by the fifteenth (15th) day of the following month for services provided under this Contract during the preceding three months. The bill shall specify actual expenditures along with verification documentation directly related to this Contract, in accordance with Exhibit “B”. The fees of CONSULTANT’s subconsultants, who have direct contractual relationships with CONSULTANT, must be approved, in advance, by CITY. CITY reserves the right to refuse payment of such fees, if such prior approval is not obtained by CONSULTANT. In accordance with Exhibit “A,” Scope of Program Activities, the semi-annual report shall specify the CONSULTANT’s measurement plan for evaluating the degree that the program goals and objectives have been met. 5.1.5 The full payment of charges for extra work or changes, or both, in the execution of the Program will be made, provided such request for payment is initiated by CONSULTANT and authorized, in writing, by CITY’s Program Manager. Payment will be made within thirty (30) days of submission by CONSULTANT of a statement of itemized costs covering such work or changes, or both. Prior to commencing such extra work or changes, or both, the parties will agree upon an estimated maximum cost for such extra work or changes. CONSULTANT will not be paid for extra work or changes, including, without limitation, any design work or change order preparation, which is made necessary on account of CONSULTANT’s errors, omissions, or oversights. 5.1.6 Direct personnel expense of employees assigned to the execution of the Program by CONSULTANT will include only the work and other documents pertaining to the Program, and in services rendered during the Program to the extent such services are expressly contemplated under this Contract. Included in the cost of direct personnel expense of these Item 6 Attachment A - Avenidas Contract C26193873        Item 6: Staff Report Pg. 10  Packet Pg. 83 of 578  employees are salaries and mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits. 5.2 The schedule of payments will be made as follows: 5.2.1 Payment of the Basic Services will be made in quarterly progress payments in proportion to the quantum of services performed, or in accordance with any other schedule of payment mutually agreed upon by the Parties, as set forth in Exhibit “B-1”, or within thirty (30) days of submission. If CONSULTANT requests greater than 25% of contracted funding in one quarter, pre-approval from CITY must be obtained along with verification documents. Final payment will be made by CITY after CONSULTANT has submitted all deliverables, including, without limitation, reports which have been approved by the CITY’s Program Manager. 5.2.2 No deductions will be made from CONSULTANT’s compensation on account of penalties, liquidated damages, or other sums withheld by CITY from payments to general contractors. SECTION 6. PROGRAM RECORDS 6.1 Upon reasonable notice, CONSULTANT shall grant CITY’s program manager access to all CONSULTANT records, data, statements, and reports, which pertain to this Program. CONSULTANT shall secure all necessary client and/or personnel release of information forms to allow the program manager and others specifically designated, in writing by the program manager to be afforded such access. Access to clinical records will be coordinated with the client, the client’s representative and the CONSULTANT upon reasonable request from the program manager. CONSULTANT is not required to provide information, the disclosure of which is expressly prohibited by California or Federal laws. SECTION 7. ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS 7.1 CONSULTANT shall appoint a fiscal agent who shall be responsible for the financial and accounting activities of CONSULTANT, including the receipt and disbursement of CONSULTANT funds. 7.2. CONSULTANT shall appoint from its Board a treasurer who shall review Financial Statements of CONSULTANT on a regular basis. 7.3 Records of the direct personnel expenses and expenses incurred in connection with the performance of Basic Services and Additional Services pertaining to the Program will be prepared, maintained, and retained by CONSULTANT in accordance with generally accepted accounting principles and will be made available to CITY for auditing purposes at mutually convenient times during the term of this Contract and for three (3) years following the expiration or earlier termination of this Contract. 7.4 CONSULTANT shall have performed an independent audit of its fiscal year transactions, records, and financial reports and once completed is sent to the city for review at least Item 6 Attachment A - Avenidas Contract C26193873        Item 6: Staff Report Pg. 11  Packet Pg. 84 of 578  every two (2) years. The certified public accountant shall submit the report to both parties. The cost of the audit shall be borne by CONSULTANT. 7.5 The originals of the deliverables prepared by or under the direction of CONSULTANT in the performance of this Contract will become the property of CITY irrespective of whether the Program is completed upon CITY’s payment of the amounts required to be paid to CONSULTANT. These originals will be delivered to CITY without additional compensation. CITY will have the right to utilize any final and incomplete drawings, estimates, specifications, and any other documents prepared hereunder by CONSULTANT, but CONSULTANT disclaims any responsibility or liability for any alterations or modifications of such documents. SECTION 8. INDEMNITY 8.1 To the fullest extent permitted by law, CONSULTANT shall 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 attorney’s 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 Contract, regardless of whether or not it is caused in part by an Indemnified Party. SECTION 9. WAIVERS 9.1 No waiver of a condition or nonperformance of an obligation under this Contract is effective unless it is in writing in accordance with Section 17.6 of this Contract. No delay or failure to require performance of any provision of this Contract shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy. 9.2 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 Contract. SECTION 10. INSURANCE 10.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Contract, the insurance coverage described in Exhibit “C”, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 10.2. 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 Contract will obtain and maintain, in full Item 6 Attachment A - Avenidas Contract C26193873        Item 6: Staff Report Pg. 12  Packet Pg. 85 of 578  force and effect during the term of this Contract, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 10.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Contract. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Contract. 10.4. 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 Contract. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Contract, including such damage, injury, or loss arising after the Contract is terminated or the term has expired. SECTION 11. WORKERS’ COMPENSATION 11.1 CONSULTANT, by executing this Contract, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing the performance of the Program. SECTION 12. TERMINATION OR SUSPENSION OF CONTRACT OR PROGRAM 12.1 The City Manager may suspend the execution of the Program, in whole or in part, or terminate this Contract, with or without cause, by giving thirty (30) days prior written notice thereof to CONSULTANT, or immediately after submission to CITY by CONSULTANT of any completed item of Basic Services. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance under this Contract. 12.2 CONSULTANT may terminate this Contract or suspend its execution of the Program by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY or in the event CITY indefinitely withholds or withdraws its request for the initiation or continuation of Basic Services or the execution of the Program. Item 6 Attachment A - Avenidas Contract C26193873        Item 6: Staff Report Pg. 13  Packet Pg. 86 of 578  12.3 Upon such suspension or termination by CITY, CONSULTANT will be compensated for the Basic Services and Additional Services performed and deliverables received and approved prior to receipt of written notice from CITY of such suspension or abandonment, together with authorized additional and reimbursable expenses then due. If the Program is resumed after it has been suspended for more than 180 days, any change in CONSULTANT’s compensation will be subject to renegotiation and, if necessary, approval of CITY’s City Council. If this Contract is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY, as such determination may be made by the City Manager in the reasonable exercise of his discretion. 12.4 In the event of termination of this Contract or suspension of work on the Program by CITY where CONSULTANT is not in default, CONSULTANT will receive compensation as follows: 12.4.1 For approved items of services, CONSULTANT will be compensated for each item of service fully performed in the amounts authorized under this Contract. 12.4.2 For approved items of services on which a notice to proceed is issued by CITY, but which are not fully performed, CONSULTANT will be compensated for each item of service in an amount which bears the same ratio to the total fee otherwise payable for the performance of the service as the quantum of service actually rendered bears to the services necessary for the full performance of that item of service. 12.4.3 The total compensation payable under the preceding paragraphs of this Section will not exceed the payment specified under Section 5 for the respective items of service to be furnished by CONSULTANT. 12.5 Upon such suspension or termination, CONSULTANT will deliver to the City Manager immediately any and all copies of the deliverables, whether or not completed, prepared by CONSULTANT or its consultants, if any, or given to CONSULTANT or its consultants, if any, in connection with this Contract. Such materials will become the property of CITY. 12.6 The failure of CITY to agree with CONSULTANT’s independent findings, conclusions, or recommendations, if the same are called for under this Contract, on the basis of differences in matters of judgment, will not be construed as a failure on the part of CONSULTANT to fulfill its obligations under this Contract. SECTION 13. ASSIGNMENT 13.1 This Contract is for the services of CONSULTANT, therefore, CONSULTANT will not assign, transfer, convey, or otherwise dispose of this Contract or any right, title or interest in or to the same or any part thereof without the prior written consent of CITY. A consent to one assignment will not be deemed to be a consent to any subsequent assignment. Any assignment made without the approval of CITY will be void and, at the option Item 6 Attachment A - Avenidas Contract C26193873        Item 6: Staff Report Pg. 14  Packet Pg. 87 of 578  of the City Manager, this Contract may be terminated. This Contract will not be assignable by operation of law. SECTION 14. NOTICES 14.1 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 Copy to: Office of Human Services Manager City of Palo Alto 4000 Middlefield Road, T-2 Palo Alto, CA 94303 To CONSULTANT: Attention of the program director At the address of CONSULTANT recited above SECTION 15. CONFLICT OF INTEREST 15.1 In accepting this Contract, 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. 15.2 CONSULTANT further covenants that, in the performance of this Contract, it will not employ contractors or persons having such an interest mentioned above. CONSULTANT certifies that no one who has or will have any financial interest under this Contract 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. SECTION 16. NONDISCRIMINATION 16.1 As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Contract, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. Item 6 Attachment A - Avenidas Contract C26193873        Item 6: Staff Report Pg. 15  Packet Pg. 88 of 578  16.2 CONSULTANT agrees that each contract for services from independent providers fulfilling obligations under this Contract will contain a provision substantially as follows: Independent provider will provide AVENIDAS with a certificate stating that Independent provider is currently in compliance with all Federal and State of California laws covering nondiscrimination in employment; and that it will not discriminate in the employment of any person under this contract because of the age, race, skin color, national origin, ancestry, religion, disability, sexual orientation, gender or gender identity, housing status, marital status, familial status, weight, height or gender of such person. 16.3 If CONSULTANT is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of Federal law or executive order in the performance of this Contract, it will be in default of this Contract. Thereupon, CITY will have the power to cancel or suspend this Contract, in whole or in part, or to deduct the sum of twenty-five dollars ($25) for each person for each calendar day during which such person was subjected to discrimination, as damages for breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer will constitute evidence of a breach of this Contract. 16.4 CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Contract in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Contract. SECTION 17. MISCELLANEOUS PROVISIONS 17.1 (Reserved). 17.2 (Reserved). 17.3 This Contract will be governed by California law, without regard to its conflict of law provisions. 17.4 In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state Superior Court for the County of Santa Clara or in the United States District Court for the Northern District of California. Item 6 Attachment A - Avenidas Contract C26193873        Item 6: Staff Report Pg. 16  Packet Pg. 89 of 578  17.5 The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract may recover its reasonable costs and attorneys’ fees expended in connection with that action. 17.6 This document represents the entire and integrated Contract 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. 17.7 All provisions of this Contract, whether covenants or conditions, will be deemed to be both covenants and conditions. 17.8 The covenants, terms, conditions and provisions of this Contract will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants, as the case may be, of the parties. 17.9 If a court of competent jurisdiction finds or rules that any provision of this Contract or any amendment thereto is void or unenforceable, the unaffected provisions of this Contract and any amendments thereto will remain in full force and effect. 17.10 All exhibits referred to in this Contract and any addenda, appendices, attachments, and schedules which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and will be deemed to be a part of this Contract. 17.11 This Contract may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one and the same instrument. 17.12 This Contract is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Contract will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section 17.12 will take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract. Item 6 Attachment A - Avenidas Contract C26193873        Item 6: Staff Report Pg. 17  Packet Pg. 90 of 578  CONTRACT NO. C26193873SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Contract on the date first above written. CITY OF PALO ALTO: ______________________________ City Manager Date: APPROVED: ______________________________ Director of Community Services APPROVED AS TO CONTENT: ______________________________ Manager of Human Services Community Services Department APPROVED AS TO FORM: ______________________________ Deputy City Attorney AVENIDAS, INC. By: __________________________ Name: Title: Date: Attachments: EXHIBIT “A”: SCOPE OF PROGRAM SERVICES EXHIBIT “B”: CONTRACT BUDGET EXHIBIT “B-1”: COMPENSATION EXHIBIT “C”: INSURANCE REQUIREMENTS Item 6 Attachment A - Avenidas Contract C26193873        Item 6: Staff Report Pg. 18  Packet Pg. 91 of 578  EXHIBIT “A” SCOPE OF PROGRAM SERVICES & TIME SCHEDULE AVENIDAS, INC. Senior Services I. PROGRAM SERVICES CONSULTANT shall provide services to older adults and their family caregivers through enrichment programming and individual and family support services. Avenidas serves as a comprehensive local resource for older adults and caregivers, identifying their needs and developing programs, services, and activities to meet those needs and interests. II. PROGRAM GOALS 1. To support AT-RISK OLDER ADULTS in their efforts to maintain and improve their functional ability to remain in their own homes and the community. 2. To support CAREGIVERS, particularly spouses and adult children as they care for dependent family members. 3. To support older adults and their families by providing TRANSPORTATION ASSISTANCE enabling them to remain safe in their own homes and involved in the community. 4. To foster community and STRENGTHEN CONNECTIONS by engaging older adults through partnerships and collaborative programming in opportunities for enrichment, health, and wellness. In addition to the scope of services discussed above, Avenidas will continue to work with City staff in coordinating appropriate services for the older adult unhoused population in Palo Alto. Avenidas will host a minimum of one Senior Summit during the contract period, in partnership with the City of Palo Alto. The Summit will focus on the needs of older adults and family caregivers. III. PROGRAM OBJECTIVES Goal #1 – AT RISK OLDER ADULTS 1. Provide adult day health care services to 20 unduplicated Palo Alto residents through the Avenidas Rose Kleiner Center. 2. Provide 2,000 days of adult day health services to frail seniors through the Avenidas Rose Kleiner Center to Palo Alto residents. Item 6 Attachment A - Avenidas Contract C26193873        Item 6: Staff Report Pg. 19  Packet Pg. 92 of 578  3. Provide Case Management Services to 30 unduplicated older and/or dependent adult clients living in Palo Alto. 4. Provide counseling, referral, or enrollment to 200 unduplicated family caregivers. throughout Avenidas programming. 5. Participate in the City of Palo Alto’s Homeless Service Provider Committee. Outcome Measures: • Participants enrolled in Avenidas Rose Kleiner Center will benefit from medically tailored meals and ongoing health, social, and physical monitoring, resulting in a reduction in preventable health complications, emergency room visits, and hospital admissions, while promoting overall well-being. o 90% of participants will maintain or improve vital sign health indicators over the review period. o 90% of participants will report reduced social isolation compared to before joining ARKC. o 90% of caregivers will report increased knowledge of available services and resources through counseling support, supporting their ability to maintain their loved one at home, for longer. • Avenidas social work staff to provide relevant referrals or collaborations that result from committee participation Goal #2 – CAREGIVER SUPPORT 1. Provide support group assistance to 150 unduplicated caregivers. 2. Provide conferences, workshops and classes on caregiving issues for 150 attendees. 3. Provide individualized consultations and support to 25 unduplicated Palo Alto caregivers. Outcome Measure: • 90% of caregivers will report decreased levels of stress and burnout, increased confidence in caregiving skills, and improved ability to maintain their loved one at home, as measured by caregiver surveys and service utilization data from all services. Goal #3 – TRANSPORTATION ASSISTANCE 1. Provide transportation assistance to 100 unduplicated, older adult Palo Alto residents through Avenidas Door to Door. 2. Provide 1,500 one-way trips through Avenidas Door-to-Door Transportation Services to Palo Alto residents. 3. Provide 4,000 one-way trips to and from the Item 6 Attachment A - Avenidas Contract C26193873        Item 6: Staff Report Pg. 20  Packet Pg. 93 of 578  Avenidas Rose Kleiner Center for Palo Alto residents. Outcome Measures: • 90% of transportation users report improved access to grocery shopping, socialization, and access to services as well as decreased isolation related to Avenidas supporting their access into the community, supporting their ability to remain in the community for longer. Goal #4 – STRENGTHEN CONNECTIONS 1. Provide enrichment classes, services, and workshops to 1,500 unduplicated individuals through Avenidas Enrichment Center programming. 2. Provide enrichment classes to 4,000 registrations through Avenidas Enrichment Center programming. 3. Provide volunteer opportunities to 350 unduplicated older adult volunteers supporting the Avenidas and Palo Alto community. 4. Avenidas will track referrals to and from partner agencies. Outcome Measures: • 90% of volunteers will report increased feelings of purpose and connection, relief from isolation. • 75% of referrals received will enroll in an Avenidas program or service to impact their social engagement, relief from isolation. IV. METHODS 1. Leverage staff resources by partnering with community organizations; utilize the services of volunteers to provide services to participants and clients. 2. Leverage existing resources through fundraising from the community to support the full cost of service provision. 3. Provide weekly academic, health and fitness courses to facilitate intellectual and physical stimulation and to provide an opportunity for the development of new skills and interests. 4. Provide a wide variety of lectures to broaden perceptions and to cultivate ideas. 5. Provide entertainment, fellowship, and information exchange at special events and other activities 6. Provide health maintenance screenings for common issues and to promote health education. 7. Provide information about health and wellness and healthy aging. Item 6 Attachment A - Avenidas Contract C26193873        Item 6: Staff Report Pg. 21  Packet Pg. 94 of 578  8. Facilitate one-to-one counseling services through scheduling, coordination, and providing meeting space. 9. Provide information and referral to older adults, family members, and service providers. 10. Provide case management that includes assessment, care planning, and service arrangements especially to less independent older adults. 11. Provide emotional support to older adults through support groups. 12. Provide consultations to caregivers for practical advice, linkage to community resources and emotional support. 13. Develop and maintain linkages with local senior housing facilities through regular site visits. 14. Provide counseling, referral or enrollment into adult day health services for individuals and their families who are in search of assistance for less independent older adults. 15. Provide wheelchair accessible transportation to older and dependent adults. 16. Provide opportunities to older adult community members to volunteer to make calls, provide rides, support events, help with day programs, and other specialties that the volunteers may be interested in providing. 17. Participate and provide assistance and referral to Palo Alto unhoused population through walk-in support, serving on the Homeless Service Provider Committee, and as requested. V. DELIVERABLES 1. Consultant shall provide semi-annual activity reports relating to this Scope of Services for the periods ending December 31, 2025; June 30, 2026; December 31, 2026; June 30, 2027; December 31, 2027; June 30, 2028; December 31, 2028; June 30, 2029; December 31, 2029; June 30, 2030; within thirty days after these dates. 2. Each report shall cover the preceding six months and such other information as the Program Manager may request. The final report shall focus on the preceding six months but shall also provide information on contract services for the entire year. The additional summary report shall cover the period for the entire contract period up to the date prior to submission. Each report shall be prepared in the form agreed upon by the Program manager and the Consultant. Item 6 Attachment A - Avenidas Contract C26193873        Item 6: Staff Report Pg. 22  Packet Pg. 95 of 578  VI. TIME SCHEDULE • Services shall commence on July 1, 2025, and continue through June 30, 2030. • Semiannual progress reports shall be completed and submitted to the City on the thirtieth day after each six-month period. VII. REQUIREMENTS • The City of Palo Alto requires mention of its name in all materials that acknowledge donors in any public announcements or publicity regarding funded programs. • CONSULTANT shall comply with the Americans with Disabilities Act (ADA) of 1990. Item 6 Attachment A - Avenidas Contract C26193873        Item 6: Staff Report Pg. 23  Packet Pg. 96 of 578  EXHIBIT “B” FY 2026-2030 CONTRACT BUDGET Avenidas Budget For contract fiscal year 2026 - 2030 Expense Categories Total Agency Budget Budget Contract Compensation $ 5,442,966 $ 438,123 73% Programs Operating $ 964,642 $ 77,647 13% Building Occupancy $ 496,650 $ 39,977 7% Insurance $ 182,746 $ 14,710 2% Fund Raising and Marketing $ 192,139 $ 15,466 3% Administrative Operating $ 162,111 $ 13,049 2% Total Expenses $ 7,441,254 $ 598,972 100% Item 6 Attachment A - Avenidas Contract C26193873        Item 6: Staff Report Pg. 24  Packet Pg. 97 of 578  EXHIBIT “B-1” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, and the total compensation for Additional Services do not exceed the amounts set forth in Section 5 of this Agreement. Year 1 (July 1, 2025 through June 30, 2026) $ 598,972 Year 2 (July 1, 2026 through June 30, 2027) $ 598,972 Year 3 (July 1, 2027 through June 30, 2028) $ 598,972 Year 4 (July 1, 2028 through June 30, 2029) $ 598,972 Year 5 (July 1, 2029 through June 30, 2030) $ 598,972 Sub-total Basic Services $2,994,860.00 Reimbursable Expenses $ 0.00 Additional Services $ 191,668.00 (Not to exceed $ 47,917.00 per fiscal year per Section 5.1.2) Maximum Total Compensation $ 3,186,528.00 Item 6 Attachment A - Avenidas Contract C26193873        Item 6: Staff Report Pg. 25  Packet Pg. 98 of 578  ADDITIONAL EXPENSES The full payment of charges for extra work or changes, or both, in the execution of the Program will be made, provided such request for payment is initiated by CONSULTANT and authorized, in writing, by the program manager. Payment will be made within thirty (30) days of submission by CONSULTANT of a statement, in triplicate, of itemized costs covering such work or changes, or both. Prior to commencing such extra work or changes, or both, the parties will agree upon an estimated maximum cost for such extra work or changes. CONSULTANT will not be paid for extra work or changes, including, without limitation, any design work or change order preparation, which is made necessary on account of CONSULTANT’s errors, omissions, or oversights. Item 6 Attachment A - Avenidas Contract C26193873        Item 6: Staff Report Pg. 26  Packet Pg. 99 of 578  EXHIBIT C INSURANCE REQUIREMENTS CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN. REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY. II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: PURCHASINGSUPPORT@PALOALTO.GOV III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS: A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR Item 6 Attachment A - Avenidas Contract C26193873        Item 6: Staff Report Pg. 27  Packet Pg. 100 of 578  CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL: PURCHASINGSUPPORT@PALOALTO.GOV Item 6 Attachment A - Avenidas Contract C26193873        Item 6: Staff Report Pg. 28  Packet Pg. 101 of 578  City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Utilities Meeting Date: June 9, 2025 Report #:2502-4118 TITLE Approval of a Professional Services Contract Number C25192686 with Statewide Traffic Safety and Signs, Inc. in an Amount Not-to-Exceed of $2,125,000 for On-Call Traffic Control Services for Utilities a Period of Five (5) Years; CEQA Status – Not a Project RECOMMENDATION Staff recommends that the City Council approve and authorize the City Manager or their designee to execute Contract C25192686 (Attachment A) with Statewide Traffic Safety and Signs, Inc. for on-call traffic control services for a term of five years and a total not-to-exceed amount of $2,125,000. BACKGROUND The City of Palo Alto Utilities (CPAU) Department provides and maintains the infrastructure for water, natural gas, wastewater, electricity, and fiber optics. The Water, Gas, Wastewater Operations and Electric, Fiber Operations are collectively responsible for maintaining the infrastructure of all 5 municipal provided utilities and responding to utility related emergencies. The Water Gas Wastewater Engineering and Electric Fiber Engineering divisions coordinate and manage capital improvement projects throughout the City to improve the City’s infrastructure. Below is a table of the approximate number of miles of infrastructure that the City owns: Table 1: City Owned Infrastructure Type of Utility Number of Miles Electric*195 Fiber Optic*73.43 Gas Mains 210.5 Water Mains 231 Wastewater Mains 216 *These values only capture underground distribution lines/cable. This excludes the number of miles of overhead cable that CPAU maintains. Item 7 Item 7 Staff Report        Item 7: Staff Report Pg. 1  Packet Pg. 102 of 578  CPAU’s previous contract for on-call traffic control services was a 3-year term for a total not-to- exceed amount of $255.000 and an annual not-to-exceed amount of $85,000. CPAU spent the annual total-not-to-exceed amount of $85,000 in the first two years of the contract for traffic control services to support electric, water, gas, and wastewater collection capital improvement projects (CIP). In June 2024, a contract amendment was approved to add an additional $200,000 to support the electric grid modernization and fiber-to-the-premises pilot projects which resulted in a new not-to-exceed amount of $455,000 for the same 3-year term. Due to supply chain issues of wooden utility poles, CPAU replaced a smaller number of poles than anticipated. As of May 2025, there is approximately $200,000 remaining in the contract which will be reappropriated to the new contract. ANALYSIS Item 7 Item 7 Staff Report        Item 7: Staff Report Pg. 2  Packet Pg. 103 of 578  The proposals were evaluated by a panel and determined to be responsive to the criteria identified in the RFP. Statewide Traffic Safety and Signs, Inc. was selected by the panel because of the quality and effectiveness of their services, the experience of their field staff, prior record of performance with the City, and their ability to provide future services. Statewide Traffic Safety and Signs, Inc. had the highest score out of the three qualifying proposals. The panel did not select the lower bid proposals because of their lack in quality of their proposals and uncertainty in meeting the City’s scope of work for traffic control for on-call services. Statewide Traffic Safety and Signs, Inc.’s proposal conveyed that they have the experience and capabilities to provide professional traffic control plans and on-call traffic control services within the required response time. FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT Item 7 Item 7 Staff Report        Item 7: Staff Report Pg. 3  Packet Pg. 104 of 578  ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Item 7 Item 7 Staff Report        Item 7: Staff Report Pg. 4  Packet Pg. 105 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C CITY OF PALO ALTO CONTRACT NO. C25192686 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PALO ALTO AND STATEWIDE TRAFFIC SAFETY AND SIGNS INC. This Agreement for Professional Services (this “Agreement”) is entered into as of the 2nd day of th Street, San Jose, CA The following recitals are a substantive portion of this Agreement and are fully incorporated herein RECITALS A.CITY intends to acquire planned and emergency traffic control services for various construction work (the “Project”) and desires to engage a consultant to provide on-call traffic B.CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or C.CITY, in reliance on these representations, desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.) CITY may elect to, but is not required to, authorize on-call Services up to the maximum Professional Services Page 1 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 5  Packet Pg. 106 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for on-call Services shall be specified by CITY in the Task Order, based on To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through June 1, 2030 unless SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to Two Million One Hundred Twenty-Five Thousand Dollars ($2,125,000.00). The hourly schedule of rates, if Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.) In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of Dollars ($) for the performance of Additional Services (as defined below). The total compensation for performance of the not exceed Dollars ($), as detailed in Exhibit C. Professional Services Page 2 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 6  Packet Pg. 107 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C “Additional Services” means 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 To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed Professional Services Page 3 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 7  Packet Pg. 108 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of SECTION 12. SUBCONTRACTING. Professional Services Page 4 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 8  Packet Pg. 109 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcontractors authorized by CITY to perform work on this Project are: CONSULTANT shall be responsible for directing the work of any subcontractors and for any SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Joey Figueroa, CITY’s Project Manager is Venessa Fujii, Utilities Department, WGW Operations Division, 3201 SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without Professional Services Page 5 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 9  Packet Pg. 110 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized SECTION 16. INDEMNITY. 16.1a. This subsection 16.1a applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed professional land surveyors. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all third party 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 attorney’s fees, experts fees, court costs and disbursements (“Claims”) to the extent that such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. CITY will reimburse CONSULTANT for the proportionate percentage of defense costs exceeding CONSULTANT’s proportionate percentage of fault as determined by the final judgment of a court of competent jurisdiction. 16.1b. This subsection 16.1b applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8. To the fullest extent permitted by law, CONSULTANT shall 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 attorney’s 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 a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement. 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. No waiver of a condition or nonperformance of an obligation under Professional Services Page 6 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 10  Packet Pg. 111 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C this Agreement is effective unless it is in writing in accordance with Section 29.4 of this SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer 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 amount of any damage, injury, or loss 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. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination, CONSULTANT will Professional Services Page 7 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 11  Packet Pg. 112 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C discontinue its performance of the Services on the effective date in the notice of suspension or 19.2. In event of suspension or termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials). 19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Services provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30. 19.4. 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, unless made in accordance with Section 17 (Waivers). 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 Post Office Box 10250 With a copy to the Purchasing Manager To CONSULTANT: Attention of the Project Manager at the address of CONSULTANT shall provide written notice to CITY of any change of address. SECTION 21. CONFLICT OF INTEREST. 21.1. In executing 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 subcontractors or other persons or parties having such an interest. Professional Services Page 8 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 12  Packet Pg. 113 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C CONSULTANT certifies that no person who has or will have any financial interest under this 21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time. SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA. 22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. 22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of 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: (a)All printed materials provided by CONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, (b)Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Professional Services Page 9 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 13  Packet Pg. 114 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Producer Responsibility requirements for products and packaging. A copy of this policy is on file (c)Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060. SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC 26.1. This Project is subject to prevailing wages and related requirements as a “public works” under California Labor Code Sections 1720 et seq. and related regulations. CONSULTANT is required to pay general prevailing wages as defined in California Labor Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. Pursuant to Labor Code Section 1773, the CITY has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the State of California Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the CITY’s Purchasing Department office. The general prevailing wage rates are also available at the DIR, Division of Labor Statistics and Research, web site (see e.g. http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time to time. CONSULTANT shall post a copy of the general prevailing wage rates at all Project job sites and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code (Labor Code Section 1720 et seq.), including but not limited to Sections 1725.5, 1771, 1771.1, 1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable implementing regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.), as amended from time to time. CONSULTANT shall comply with the requirements of Exhibit E, entitled “DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS”, for any contract for public works construction, alteration, demolition, repair or maintenance, including but not limited to the Professional Services Page 10 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 14  Packet Pg. 115 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C obligations to register with, and furnish certified payroll records directly to, DIR. SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For This Project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”. SECTION 28. CONFIDENTIAL INFORMATION. 28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose. CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement. 28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY. 28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order. 28.4. CONSULTANT will notify City promptly upon learning of any breach in Professional Services Page 11 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 15  Packet Pg. 116 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C the security of its systems or unauthorized disclosure of, or access to, Confidential Information in 28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT. 28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions. SECTION 29. MISCELLANEOUS PROVISIONS. 29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions. 29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 29.3. 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. 29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time. 29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect. 29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control. 29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement. Professional Services Page 12 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 16  Packet Pg. 117 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C 29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement. 29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement. SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is EXHIBIT A:SCOPE OF SERVICES EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER EXHIBIT B:SCHEDULE OF PERFORMANCE EXHIBIT C-1: SCHEDULE OF RATES EXHIBIT D:INSURANCE REQUIREMENTS DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS . Professional Services Page 13 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 17  Packet Pg. 118 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C CONTRACT NO. C25192686 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written. CITY OF PALO ALTO STATEWIDE TRAFFIC SAFETY AND ____________________________B ____________________ Anthony AmatoName:_______________________________ Title:__S_e_n_i_o_r_D_i_r_e_c_t_o_r_,_L_e_g_a_l___________ APPROVED AS TO FORM: B ______________________ __________________________Matthew HuntName:_______________________________ Chief Legal OfficerTitle:________________________________ Professional Services Page 14 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 18  Packet Pg. 119 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C EXHIBIT A SCOPE OF SERVICES CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF CONSULTANT to provide on-call traffic control services at various locations throughout the 1. CONSULTANT will provide all labor and equipment necessary to provide traffic control services for utility construction projects and events at various locations throughout the 2. CONSULTANT will provide traffic control in emergency situations and the CITY will Engineering and Design (Traffic Control Plans): 1. CONSULTANT will provide traffic control plans for locations identified by the City 2. Traffic control plan must be reviewed by the Consultant’s licensed Civil Engineer. 3. The City will route the traffic control plan to various Departments in the City of Palo 4. CONSULTANT must address all comments and corrections required of each agency. 5. All traffic control plans must comply with the most recent edition of the Manual on 6. Traffic control plans require site specific plans for intersections and arterial/collector Professional Services Page 15 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 19  Packet Pg. 120 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C 7. Traffic control plans showing ‘typical’ traffic control layouts will not be accepted. 8. Traffic control plans must show the actual layout of intersections, indicate all islands, 9. Traffic control plan must maintain adequate separation between pedestrians, bicyclists, 10. Traffic control plan must include the work dates (M-F) and the approved work hours. 11. All traffic control plans must be reviewed by a licensed Civil Engineer, but not all traffic 12. CONSULTANT will be compensated for each page required for each work location. If Traffic Control Setup and Flagging: 1. CONSULTANT will provide all labor and equipment for traffic control setup and 2. CONSULTANT will be requested to provide traffic control services during and after normal business hours, which are 8am-4pm. 3. CONSULTANT will be requested to provide traffic control services on weekends and 4. The City intends to request traffic control setup and flagging services with a minimum of 5. In the event 48-hour notice cannot be provided, Consultant shall be onsite with all labor Equipment Rental: Professional Services Page 16 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 20  Packet Pg. 121 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C 1. CONSULTANT shall provide a detail list of equipment and signage that may be rented by City from Consultant. This list should include but not limited to equipment, unit of 2. CONSULTANT should include pricing for hourly, daily, weekly, and monthly rentals of 3. CONSULTANT must include the required duration. In the event the required notice Professional Services Page 17 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 21  Packet Pg. 122 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions CONTRACT NO. OR PURCHASE ORDER REQUISITION NO.(AS APPLICABLE) 1A.MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): 3.PERIOD OF PERFORMANCE: START:COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ 5. COST CENTER________________ 6.CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________ .SERVICES AND DELIVERABLES TO BE PROVIDED as applicable) 8.ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________ I hereby authorize the performance of the I hereby acknowledge receipt and acceptance of APPROVED:APPROVED: CITY OF PALO ALTO COMPANY NAME: ______________________ BY:____________________________________BY:____________________________________ Professional Services Page 18 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 22  Packet Pg. 123 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C EXHIBIT A-2 REQUIREMENTS FOR TRAFFIC CONTROL PLAN SUBMISSION A draft traffic control plan, consistent with the following applicable conditions, must be included General Traffic Control Plan Submission Requirements:The Applicant shall submit traffic control plans to the Public Works Department for approval at 1. Submitted traffic control plans shall include a schedule of construction showing each phase of 2. The Applicant shall refer to the California Manual on Uniform Traffic Control Devices (CA- 3. An electronic arrow board warning device may be required for shifting of traffic to the wrong 4. All signs at the Project site shall conform to the most recent Caltrans standards and be of the 5. The Applicant will be required to pay for any public off-street time-limited parking spaces, 6. The Applicant shall maintain one lane of traffic in each direction at all times on all streets. The Rev 6/30/16 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 23  Packet Pg. 124 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C 7. If the Project site does not conform to the approved traffic control plan at all times, the Police Department may take over the traffic control at the expense of the Applicant. The Public Temporary Detours (Vehicle, Bicycle, and Pedestrian) In general, the Applicant shall maintain all motor vehicle, pedestrian, and bicycle movements. 8. A minimum four-foot-wide (4-foot-wide) clear sidewalk shall be maintained at all times, 9. Any Project that requires detouring bicycle traffic from bicycle boulevards and school routes, 10. If Project will impact transit stops or transit routes, the traffic control plan should indicate General Time Restrictions for Construction Activities General work hours allowed are Monday through Friday, 8:00 AM to 6:00 PM, and Saturday 9:00 11. Work on arterial and collector streets will not be permitted between the hours of 7:00 and 9:00 Rev 6/30/16 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 24  Packet Pg. 125 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C (west of Alma St), San Antonio Rd, Sand Hill Rd, University Ave, Hansen Wy, Hillview Dr, Park Blvd, Stanford Ave, Quarry Rd, W Charleston Rd, Bayshore Rd W Meadow Dr, and 12. Projects affecting motor vehicle, pedestrian or bicycle traffic in business districts is generally University Ave District (Downtown): bounded by Alma St, Webster Ave, Lytton Ave, Forest Ave California Ave District: bounded by El Camino Real, Caltrain corridor, Sherman Ave and Cambridge Ave 13. No work will be permitted within 1500 feet of school grounds or along school routes, as PAUSD School Year Calendar). Other special restrictions may be required at heavily used Public Notification The Applicant shall notify the abutting property owners and tenants at least 72 hours before 14. The Permittee is responsible for posting "No Parking-Tow Away" signs if temporarily 15. If the Project will impact school routes, as shown on adopted Walk and Roll Maps, the 16. If the project will impact transit stops or transit routes, the Applicant will be required to 17. The Applicant may be required, at Applicant’s cost, to hire Palo Alto police officers or a Rev 6/30/16 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 25  Packet Pg. 126 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C primarily be enforced when: a) equipment is intermittently blocking or crossing a travel lane, b) only one travel lane is available for two-way traffic, 18. The above requirements are minimum, and do not limit the Applicant’s responsibility and This publication is intended to be an informal means of informing the public about a City process. Rev 6/30/16 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 26  Packet Pg. 127 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C EXHIBIT A-3 ANTICIPATED PAUSD BELL TIMES KINDER From SecondKINDER To first Friday in Monday inElementary:AM 8:15 PM WEDS 1:15 1:30 1:30 1:05 1:30 1:30 1:40 1:30 1:30 1:15 1:30 1:15 October* 12:00 11:50 11:50 11:45 12:00 12:00 12:00 12:00 12:00 11:40 12:00 11:45 October* 2:20 2:25 2:20 2:30 2:25 2:20 2:40 2:35 2:00 2:30 2:40 2:15 2:45 8:15 8:25 Palo Verde AM PM Greendell PS 8:45 11:45 Middle:AM PM WEDS 8:10 3:05 Fletcher 1:40 High School: AM M T W TH FRI Gunn 8:25 2:35 3:40 2:55 3:35 3:35 Late Kinders begin on or about the second Monday of October Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 27  Packet Pg. 128 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C EXHIBIT A-4 Palo Alto Unified School District SCHOOL YEAR CALENDAR FOR 2025-2026 JULY 2025 JANUARY 2026 18 DaysImportant Dates K-5 Teacher Work Day Staff Development Day 6-12 S M T W T F S S M T W T F LH 9 S 3 10 Aug 12LH Aug 14 First Day of School10 11 12 K-8 9-12 6 7SDWOct 20 First Day of Full-Day Kindergarten13 14 15 16 17 18 19 Jan 5 11 12 13 14 15 16 17 HK-5 Staff Development27 28 29 30 31 Jan 6 AUGUST 2025 12 days Early Release/Last Day of School FEBRUARY 2026 18 days S M T W T F S S M T W T F SNo School Days Labor DaySept 1 4 5 6 7 10 11 12 LH 14Staff Development Day 10 DD 9S-1D2 WK-D8 WD 14 15 16 Nov 11 15 H 17 18 19 20 21 22 23 Nov 24-28 Thanksgiving Break 22 23 24 25 26 27 28 Dec 22 -24 25 26 27 28 29 30 Winter Break31Jan 5 SEPTEMBER 2025 21 days Jan 19 Martin Luther King Jr. Day MARCH 2026 20 days Feb 13SMTWTFS S M T W T F S Feb 16 Washington’s Birthdayobserved 7 10 11 12 13 LH SD 11 12 13 14 Mar 10 Staff Development Day14 15 16 17 18 19 20 15 16 17 18 19 20 21Apr 6-10 Spring Break May 1 Local Holiday May 25OCTOBER 2025 22 days APRIL 2026 17 daysMinimum Days Aug 29, Oct 31, Nov 21, Dec 19, April 3, and June 4 S M T W T F S S M T W T F S 2 SD 4 5 6 7 8 9 10 11 Quarters/Semesters LH LH LH LH LH 11 12 13 14 15 16 17 18 Oct 17 19 21 22 23 24 25 Nov 14 End of 1st Trimester 26 27 28 29 30 31 NOVEMBER 2025 14 days 12 13 14 15 16 17 18End of 1st Quarter K End of 1st Semester 84 days - secondary End of 2nd Quarter End of 2nd Trimester Dec19 MAY 2026 19 daysFeb 6SMTWTFS S M T W T F LH 8 SMar 13 End of 3rd Quarter End of 2nd Semester 96 days - secondary234567 4 5 6 7Jun 4 End of 3rd Trimester th Quarter10H12 13 14 15 10 11 12 13 14 15 16 16 17 18 19 20 21 22 Legend23LH LH LH H LH 29 24 H 26 27 28 29 3030Federal/State Holiday 31 DECEMBER 2025 15 days JUNE 2026 4 daysLH Local Holiday S M T W T F S S M T W T F SDD District Day 4 WDWD Teacher Work Day Staff Professional Development Day7810 11 12 13 7 8 10 11 12 13 14 15 16 17 18 19 20 14 15 16 17 18 19 20 K First Day of Full-Day Kindergarten28 LH LH LH 28 29 30 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 28  Packet Pg. 129 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Palo Alto Unified School District SCHOOL YEAR CALENDAR FOR 2026-2027 JULY 2026 JANUARY 2027 18 daysImportant Dates K-8 Teacher Work Day 9-12 Staff Development Day S M T W T F S S M T W T F SAug 11LH Aug 13 First Day of School78 SD WD K-8 9-12 5 6 7 Oct 19 First Day of Full-Day Kindergarten12 13 14 15 16 17 18 10 11 12 13 14 15 16 HJan 4 9-12 Teacher Work Day26 27 28 29 30 31 24Jan 5 Students Return to School 31 AUGUST 2026 13 days FEBRUARY 2027 18 daysJune 3 Early Release/Last Day of School S M T W T F S S M T W T F SNo School Days Labor DaySept 734567 7 10 11 LH 13Staff Development Day9 DD 9S-1D2 WK-D8 WD 13 14 15 16 17 18 19 20 21 22 14 H 16 17 18 19 20Nov 11 Nov 23-27 21 22 23 24 25 26 27Thanksgiving Break 23 24 25 26 27 28 29 Dec 19 - 31 Winter Break30Jan 5SEPTEMBER 2026 21 days MARCH 2027 21 daysJan 18 Martin Luther King Jr. Day S M T W T F S S M T W T F SFeb 11 Local Holiday 6 H 9 10 11 12 Feb 15 Washington’s Birthdayobserved 8 10 11 12 13 13 14 15 16 17 18 19 Mar 15 20 21 22 23 24 25 26 Mar 16 14 LH SD 17 18 19 20 Staff Development Day 27 28 29 30 Apr 5-9 Memorial DayOCTOBER 2026 21 days APRIL 2027 16 days S M T W T F S Quarters/Semesters S M T W T F S 1 SD Oct End of 1st Quarter 3 4 5 6 7 8 9 10 Nov End of 1st Trimester LH LH LH LH LH 10 11 12 13 14 15 16 17 NOVEMBER 2026 15 days End of 1st Semester 84 days - secondary End of 2nd Quarter End of 2nd Trimester 11 12 13 14 15 16 17Dec 18 K Feb End of 3rd Quarter MAY 2027 20 daysEnd of 2nd Semester 96 days - secondarySMTWTFS S M T W T F SJun 4 End of 3rd Trimester th Quarter910 11 12 13 14 2 3 4 5 6 7 Legend Federal/State Holiday 15 16 17 18 19 20 21 10 11 12 13 14 15 H 16 17 18 19 20 21 22 JUNE 2027 3 days LH Local Holiday 23 2430 HDD District DayDECEMBER 2026 14 days WD Teacher Work Day Staff Professional Development DaySMTWTFS S M T W T F S 3 WD 6 7 9 10 11 12 6 7 9 10 11 12 13 14 15 16 17 18 19 13 14 15 16 17 18 19KFirst day of Full-Day Kindergarten 27 LH LH LH LH 27 28 29 30 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 29  Packet Pg. 130 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Palo Alto Unified School District SCHOOL YEAR CALENDAR FOR 2027-2028 JULY 2027 JANUARY 2028 19 daysImportant Dates K-8 Teacher Work Day 9-12 Staff Development Day S M T W T F S 3 10 S M T W T F SAug 10 Aug 12 First Day of SchoolLH67 WD SD 4 5 6 7 Oct 18 First Day of Full-Day Kindergaten11 12 13 14 15 16 17 9 10 11 12 13 14 15 16 H 18 19 20 21 22Jan 3 9-12 Teacher Work Day25 26 27 28 29 30 31 23 24 25 26 27 28 29Jan 4 Students Return to School 30 31 AUGUST 2027 14 days FEBRUARY 2028 19 daysJune 1 Early Release/Last Day of School S M T W T F S S M T W T F SNo School Days Labor DaySept 68 DD 9S-1D2 WK-D8 WD 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 7 10 11 12Oct1Staff Development Day 13 14 15 16 17 LH 19Nov 11 20 22 23 24 25 26HNov 22-26 Thanksgiving Break Dec 22 -27 28 29Winter Break SEPTEMBER 2027 21 days MARCH 2028 21 daysJan 17 Martin Luther King Jr. Day S M T W T F S S M T W T F S Washington’s Birthdayobserved 5 H 7 8 10 11 Mar 13 6 7 8 10 11 12 13 14 15 16 17 18 Mar 14 19 20 21 22 23 24 25 Apr 3-7 Staff Development Day 12 LH SD 15 16 17 18 26 27 28 29 30 May 27 Memorial Day OCTOBER 2027 20 days APRIL 2028 14 daysQuarters/Semesters S M T W T F SD 8 S Oct S M T W T SEnd of 1st Quarter Nov End of 1st Trimester 3 4 5 6 End of 1st Semester 84 days - secondary End of 2nd Quarter End of 2nd Trimester End of 3rd Quarter 2 LH LH LH LH LHDec 2010 11 12 13 14 15 16 10 11 12 13 14 15Feb17K19 20 21 22 23 16 17 18 19 20 21 22 24 25 26 27 28 29 30 23 24 25 26 27 LH 293130End of 2nd Semester 96 days - secondaryNOVEMBER 2027 16 days MAY 2028 22 daysJun 4 End of 3rd Trimester th QuarterSMTWTFS S M T W T F S Legend7810H12 13 7 8 10 11 12 13 H Federal/State Holiday14 15 16 17 18 19 20 14 15 16 17 18 19 20 LH Local Holiday DD District Day 28 H 30 31WD Teacher Work Day Staff Professional Development DayDECEMBER 2027 13 days JUNE 2028 1 days S M T W T F S S M T W T F S 1 WD 5 6 7 8 10 11 8 9 10KFirst Day of Full-Day Kindergarten12 13 14 15 16 17 18 11 12 13 14 15 16 17 26 LH LH LH LH LH 25 26 27 28 29 30 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 30  Packet Pg. 131 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C EXHIBIT A-5 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 31  Packet Pg. 132 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 32  Packet Pg. 133 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 33  Packet Pg. 134 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 34  Packet Pg. 135 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 35  Packet Pg. 136 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 36  Packet Pg. 137 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 37  Packet Pg. 138 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 38  Packet Pg. 139 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 39  Packet Pg. 140 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 40  Packet Pg. 141 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 41  Packet Pg. 142 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 42  Packet Pg. 143 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 43  Packet Pg. 144 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 44  Packet Pg. 145 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 45  Packet Pg. 146 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 46  Packet Pg. 147 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 47  Packet Pg. 148 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 48  Packet Pg. 149 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C EXHIBIT A-6 Temporary Traffic Control Plan (TTC) Checklist Checklist Must be Submitted with TTC Plans Project Name: Project Number: Not Required TransportationChecklist Items Yes No TTC Plan clearly shows vicinity map to include all streets  TTC Plan clearly shows existing roadway lane and bike TTC Plan clearly shows: 1. Proposed work zone  7. Work hours/work days 8. Dimensions of above elements and requirements per latest CA-MUTCD Part 6 and City’s SOP for bike lane closures (see City TTC Guidelines) 9. Proposed speed limit changes if applicable 10. If multiple locations will be affected, provide a separate plan per location and/or phase of work. TTC Plan clearly shows bus stops, signalized and non- signalized intersection impacted by the work.   TTC Plan clearly shows plan to address pedestrians, bicycle, TTC Plan clearly indicates if phasing or staging is requested TTC Plan clearly shows proximity to school grounds or  TTC Plan has open space for "Approval" stamp (4" x 4" +-). Contractor has obtained and read the city's TTC Guidelines This checklist should be used to ensure that the basic elements are covered and to support a timely plan review. Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 49  Packet Pg. 150 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C EXHIBIT B SCHEDULE OF PERFORMANCE Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.) The schedule of performance shall be as provided in the approved Task Order, as detailed in Professional Services Page 19 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 50  Packet Pg. 151 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C EXHIBIT C COMPENSATION CITY agrees to compensate CONSULTANT for the Services performed in accordance with the The compensation to be paid to CONSULTANT under this Agreement for all Services, any REIMBURSABLE EXPENSES CONSULTANT’S ordinary business expenses, such as administrative, overhead, Reimbursable expenses, if any are specified as reimbursable under this section, will be NONE up to the not-to-exceed amount of: $0.00. A. Travel outside the San Francisco Bay Area, including transportation and meals, if B. Long distance telephone service charges, cellular phone service charges, facsimile All requests for reimbursement of expenses, if any are specified as reimbursable under this Professional Services Page 20 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 51  Packet Pg. 152 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C EXHIBIT C-1 SCHEDULE OF RATES CONSULTANT’s schedule of rates is as follows: Engineering & Design (Traffic Control Plans) Bid Item Number Bid Item Description Unit Rate Traffic control plan: intersections,1 Site specific plans per Scope of Page $350 Work 2 Traffic control plan: intersections and Site specific plans per Scope of Page $350local streets Work Cost of a California licensed Civil Professional Engineering Stamp and Wet Engineer to review each traffic Each $200control plan page and affix their Annual Price Escalator Engineering & Design (Not to exceed 5% per year) Year 2:4% 4% Traffic Control & Flagging Bid Item Bid Item Description Unit Rate Includes: Each 2 staff crew (Mon- Fri; 7:30am -Traffic control setup for intersection,4 Hour $250 Hour $125 Hour $375 Includes: 1 certified flagger (Mon- Fri; 7:30am -5 Traffic control flagging; (Mon- Fri; Includes: Each 2 staff crew (Mon- Fri; after 8Traffic control setup for intersection, 7 Traffic control flagging; (Mon- Fri;Includes: 1 certified flagger (Mon- Fri; after 8 Hour $188 Hour $480Traffic control setup for intersection, Includes: 1 certified flagger (Weekends and9Traffic control flagging; (Weekends Hour $240 Annual Price Escalator Traffic Control & Flagging (Not to exceed 5% per year): Year 2:4% Year 3: Professional Services Page 21 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 52  Packet Pg. 153 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C Year 4:4% *Cancellations of dispatched crews and service requests under 4 hours will be charged a 4-hour Consultant will be compensated from the time the crew arrives onsite until the time the crew Professional Services Page 22 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 53  Packet Pg. 154 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C EXHIBIT D INSURANCE REQUIREMENTS CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN. MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH AGGREGATEOCCURRENCE YES WORKER’S COMPENSATION STATUTORY STATUTORY BODILY INJURY $1,000,000 $1,000,000YESGENERAL LIABILITY, INCLUDING PROPERTY DAMAGE BODILY INJURY & PROPERTY BODILY INJURY $1,000,000 $1,000,000 -EACH PERSON YES AUTOMOBILE LIABILITY, PROPERTY DAMAGE $1,000,000 $1,000,000 BODILY INJURY AND PROPERTY PROFESSIONAL LIABILITY, ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I.INSURANCE COVERAGE MUST INCLUDE: A.A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR II.THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE III.ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL A.PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, Professional Services Page 23 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 54  Packet Pg. 155 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C B.CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER NOTICE OF CANCELLATION 1.IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE Professional Services Page 24 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 55  Packet Pg. 156 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C EXHIBIT E DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS This Exhibit shall apply only to a contract for public works construction, alteration, demolition, CITY provides notice to CONSULTANT of the requirements of California Labor Code Section “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject This Project is subject to compliance monitoring and enforcement by DIR. All contractors must CITY gives notice to CONSULTANT and its listed subcontractors that CONSULTANT is CONSULTANT shall furnish certified payroll records directly to the Labor Commissioner (DIR) CITY requires CONSULTANT and its listed subcontractors to comply with the requirements of Keep accurate payroll records, showing the name, address, social security number, work Professional Services Page 25 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 56  Packet Pg. 157 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C The payroll records shall be verified as true and correct and shall be certified and made available At the request of CITY, acting by its Project Manager, CONSULTANT and its listed CITY requests CONSULTANT and its listed subcontractors to submit the certified payroll records to CITY’s Project Manager at the end of each week during the Project. If the certified payroll records are not provided as required within the 10-day period, then Inform CITY’s Project Manager of the location of CONSULTANT’s and its listed subcontractors’ Eight (8) hours labor constitutes a legal day’s work. CONSULTANT shall forfeit as a penalty to CONSULTANT shall secure the payment of workers’ compensation to its employees as provided CONSULTANT shall comply with the statutory requirements regarding employment of Professional Services Page 26 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 57  Packet Pg. 158 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C EXHIBIT F CLAIMS FOR PUBLIC CONTRACT CODE SECTION 9204 PUBLIC WORKS The provisions of this Exhibit are provided in compliance with Public Contract Code Section 1.Claim Definition. “Claim” means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A)A time extension, including, without limitation, for relief from damages or penalties for (B)Payment by the City of money or damages arising from the Services performed by, or on (C)Payment of an amount that is disputed by the City. 2.Claim Process. (A) Timing. Any Claim must be submitted to City in compliance with the requirements of this Exhibit no later than fourteen (14) days following the event or occurrence giving rise to (B) Submission. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Exhibit, and must include reasonable documentation substantiating the Claim. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Agreement, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each claimed cost. Any Claim for an extension of time or delay costs must be substantiated with schedule analysis and narrative depicting and explaining claimed time impacts. (C) Review. Upon receipt of a Claim in compliance with this Exhibit, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days from receipt, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, the City and Contractor may, by mutual agreement, extend the time period provided in this paragraph 2. (D) If City Council Approval Required. If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed Professional Services Page 27 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 58  Packet Pg. 159 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C portion. (E) Payment. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph 3, below, shall apply. 3.Disputed Claims (A) Meet and Confer. If the Contractor disputes the City's written response, or if the City fails to respond to a Claim submitted pursuant to this Exhibit within the time prescribed, the (B) Mediation. Any remaining disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing by the Contractor. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to any other remedies authorized by the Agreement and laws. (i) For purposes of this paragraph 3.B, mediation includes any nonbinding process, (ii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation 4.City’s Failure to Respond. Failure by the City to respond to a Claim from the Contractor within the time periods described in this Exhibit or to otherwise meet the time 5.Interest. Amounts not paid in a timely manner as required by this section shall bear Professional Services Page 28 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 59  Packet Pg. 160 of 578  Docusign Envelope ID: 75FB0D3C-ACED-4CAB-97FA-60C8218E378C interest at seven (7) percent per annum. 6.Approved Subcontractor Claims. If an approved subcontractor or a lower tier subcontractor lacks legal standing to assert a Claim against the City because privity of contract 7.Waiver of Provisions. A waiver of the rights granted by Public Contract Code Section 9204 is void and contrary to public policy, provided, however, that (1) upon receipt of a Claim, Professional Services Page 29 of 29 Item 7 Attachment A - Statewide Traffic Safety and Signs, Inc.; Contract C25192686        Item 7: Staff Report Pg. 60  Packet Pg. 161 of 578  City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Utilities Meeting Date: June 9, 2025 Report #:2407-3214 TITLE Approve Three Professional Service Contracts: (1) Contract Number C25191790A with Ampirical Services, Inc.; (2) Contract Number C25191790B with Burns & McDonnell Western Enterprises, Inc.; and (3) Contract Number C25191790D with Transformer Consulting Services, Inc. in an Aggregated Amount Not-to-Exceed $15,000,000 Over a Three-Year Period for Utilities Electric Engineering Consulting Services and delegate authority to the City Manager to execute each vendor’s contract for two additional one-year extensions and increase the aggregated not to exceed amount to $25,000,000 ; CEQA Status: Not a Project RECOMMENDATION Staff recommends that the City Council approve and authorize the City Manager or their designee to execute three (3) professional service agreements with the following vendors in an aggregated not-to-exceed amount of $15 Million during the initial three-year contract term 1. Ampirical Services (Attachment A – C25191790A), 2. Burns & McDonnell Western Enterprises (Attachment B – C25191790B), and 3. Transformer Consulting Services (Attachment C – C25191790D). EXECUTIVE SUMMARY The report seeks authorization for three contracts with engineering consulting firms— Ampirical Services, Burns & McDonnell, and Transformer Consulting Services —for on-call engineering services. Following a comprehensive evaluation of proposals and consultant qualifications submitted in response to a Request for Proposals (RFP), staff recommends contracting with these firms to ensure timely access to expertise and support. The total aggregated authorization for all three contracts is limited to $15 million over the initial three-year term, an average of $5 million annually (timing will be dependent on capital project schedules). Executing these contracts provides flexibility and responsiveness to the City's Utility Electric Engineering needs and extends no guarantee of work to individual vendors over the contract period. The agreement sets each Item 8 Item 8 Staff Report        Item 8: Staff Report Pg. 1  Packet Pg. 162 of 578  consultant’s rates and the general scope of work that could be assigned through specific tasks to individual vendors. BACKGROUND •Phase 1 Overhead Distribution Upgrades (EL-24000) •Phase 2 Overhead and Underground Distribution Upgrades (EL-24000) •Colorado Power Station - 115/60kV Unit# 3 Transformer replacement (EL-19001) •Colorado Substation - 12kV Distribution Upgrade (EL-24000) •East Meadow Substation - 4kV to 12kV Station Upgrade (EL-24000) •Inter-substation Line Protection Relay (EL-17005) ANALYSIS Item 8 Item 8 Staff Report        Item 8: Staff Report Pg. 2  Packet Pg. 163 of 578  distributed to consulting firms that offer relevant services. The RFP allowed consultants to respond to one or more of the following major sections of the scope of work: Table 1: Summary of Request for Proposal Proposal Description Proposed Length of Project Number of Vendors Notified Number of Proposal Packages Downloaded Total Days to Respond to Proposal Pre-Proposal Meeting Pre-Proposal Meeting Date Number of Proposals Received Proposal Price Range – Hourly Rates Public Link to Solicitation Item 8 Item 8 Staff Report        Item 8: Staff Report Pg. 3  Packet Pg. 164 of 578  knowledge of the industry, flexibility to work with City on a variety of tasks, and their availability and responsiveness to respond to task order requests by City staff. Council approval of the consulting agreements will enable staff to utilize these contract agreements for various projects that have been funded through the City’s Budget process. The contracts set each consultant’s rates and the general type of work the City may request. On-call services will be assigned on a Task Order basis depending on which contractor has the staffing availability and relevant expertise for an upcoming City Electric Utility CIP. When services are needed, the City will contact the firms regarding their availability to perform the necessary work and request project-specific proposals and resumes for proposed staff. Individual Utilities project managers will be responsible for evaluating the adequacy of each Task Order’s proposed scope of work, reviewing the experience and billing rates of proposed staff with a project team, ensuring appropriately qualified staff are assigned to each Task Order, and managing each Task Order budget with necessary secondary management approval of the task orders in the respective division. To provide checks and balances, the Utilities’ Strategic Business Manager and their team will assist in overall contract management ensuring activities remain withing authorized levels. FISCAL/RESOURCE IMPACT Funding for the initial three years of these contracts is available under FY 2026 Electric Fund Capital Improvement Projects budget under CIP Project Grid Modernization for Electrification (EL-24000), improvement projects for Colorado Substation, and various system rebuilds. The primary use will be the Grid Modernization for Electrification project, estimated at $300 million to $350 million over a seven to ten year period. A reimbursement resolution was passed by the City Council1 with the intention to enable reimbursement of investments through the issuance of debt to finance this significant investment. Of the total project cost, approximately 40% would be necessary infrastructure maintenance and replacement while the remainder reflects proactive investment to support electrification goals. The services being provided by these contracts may be used to assist staff in providing engineering and design services on any of the Electric Projects proposed with the FY 2026 budget. Funding for future term extensions will be subject to the appropriation of funds through the budget process. These task order-based Electric engineering consulting contracts will be used to supplement internal staff resources. 1 Resolution Passed by City Council; Resolution 10209 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=62094 Item 8 Item 8 Staff Report        Item 8: Staff Report Pg. 4  Packet Pg. 165 of 578  STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Item 8 Item 8 Staff Report        Item 8: Staff Report Pg. 5  Packet Pg. 166 of 578  Professional Services Rev. Jan 29, 2024 Page 1 of 25 CITY OF PALO ALTO CONTRACT NO. C25191790A AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PALO ALTO AND AMPIRICAL SERVICES, INC. This Agreement for Professional Services (this “Agreement”) is entered into as of the 9th day of June, 2025 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and AMPIRICAL SERVICES INC., a Louisiana corporation, located at 1654 Ochsner Blvd., Covington, LA 70433 (“CONSULTANT”). The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference: RECITALS A. CITY intends to perform capital improvement projects (the “Project”) and desires to engage a consultant to provide on-call consulting services for electric utility engineering to support the city-wide Grid Modernization project, and other capital improvement and maintenance projects, as needed in the fields of utility distribution and substation engineering, and system protection, in connection with the Project (the “Services”, as detailed more fully in Exhibit A). B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows: 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. Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.) CITY may elect to, but is not required to, authorize on-call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation). CONSULTANT shall provide on-call Services only by advanced, written authorization from CITY as detailed in this Section. On-call Services, if any, shall be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1 entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for on-call Services shall be specified by CITY in the Task Order, based on Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 6  Packet Pg. 167 of 578  Professional Services Rev. Jan 29, 2024 Page 2 of 25 whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation due to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on-call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through June 8, 2028, unless terminated earlier pursuant to Section 19 (Termination) 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, entitled “SCHEDULE OF PERFORMANCE”. 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 CITY is engaging multiple consultants, none of whom, including the CONSULTANT under this Agreement, is guaranteed or assured of any minimum quantity of work to be performed. If work is performed by any one or more such consultants, CITY will ensure that total compensation to all such consultants will not exceed an aggregate of Fifteen Million Dollars ($15,000,000.00) among all consultants over the three-year Term of this Agreement. The compensation to be paid to CONSULTANT, if selected for performance of the Services, shall be based on the compensation structure detailed in one or more Task Order(s) in the format of Exhibit A-1, based on hourly schedule of rates set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment has not been expressly set forth in the rate schedule and/or a Task Order shall be at no cost to the CITY. Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.) In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of Dollars ($ ) for the performance of Additional Services (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Dollars ($ ), as detailed in Exhibit C. Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 7  Packet Pg. 168 of 578  Professional Services Rev. Jan 29, 2024 Page 3 of 25 “Additional Services” means 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 at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement. 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, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it, its employees and subcontractors, if any, possess 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 subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All 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. Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 8  Packet Pg. 169 of 578  Professional Services Rev. Jan 29, 2024 Page 4 of 25 SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement, as amended from time to time. 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 is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more, CONSULTANT shall make recommendations to CITY for aligning the Project design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement. CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT will be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities related to CONSULTANT’s performance of the Services, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT’s provision of the Services only, and not as to the means by which such a result is obtained. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties. Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 9  Packet Pg. 170 of 578  Professional Services Rev. Jan 29, 2024 Page 5 of 25 SECTION 12. SUBCONTRACTING. Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors. Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. If CONSULTANT uses any subcontractors CONSULTANT will provide written notice and receive written approval from the City’s Project Manager (Section 13) prior to using subcontractors. CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcontractors. CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Corbin Shields, 415-404-1660, corbin.shields@ampirical.com as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day-to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager 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 CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property. CITY’s Project Manager is Jim Pachikara, Utilities Department, Engineering Division, 1007 Elwell Court, Palo Alto, CA, 94303, Telephone: 650-566-4532. Email: jim.pachikara@cityofpaloalto.org. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 10  Packet Pg. 171 of 578  Professional Services Rev. Jan 29, 2024 Page 6 of 25 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 Services. Notwithstanding CITY’s ownership of the work product and the copyrights that may be related thereto under this Section 14, CONSULTANT shall be entitled, during the term of this Agreement and at all times after termination of this Agreement, to provide for its other customers engineering knowledge, means, methods, analysis, data, and reports (“Means and Methods”) which may be similar to the services, deliverables or work provided by CONSULTANT under this Agreement, and that such similar services and deliverables for CONSULTANT’s other customers shall not constitute an infringement of CITY’s intellectual property rights or a breach of this Agreement. For the purposes of this Agreement, “Means and Methods” shall mean the know-how, specialized technical information, trade secrets, manner, and ways in which CONSULTANT elects to implement the Work. SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all third party 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 attorney’s fees, experts fees, court costs and disbursements (“Claims”) to the extent that such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. CITY will reimburse CONSULTANT for the proportionate percentage of defense costs exceeding CONSULTANT’s proportionate percentage of fault as determined by the final judgment of a court of competent jurisdiction. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement. 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. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 29.4 of this Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 11  Packet Pg. 172 of 578  Professional Services Rev. Jan 29, 2024 Page 7 of 25 Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled by the insurer except after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation. CONSULTANT shall provide the Purchasing Manager thirty (30) days’ prior written notice of any materially reduced coverages or limits. If the insurer cancels the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer 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 amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. 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. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination, CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 12  Packet Pg. 173 of 578  Professional Services Rev. Jan 29, 2024 Page 8 of 25 termination. 19.2. In event of suspension or termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials). 19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Services provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30. 19.4. 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, unless made in accordance with Section 17 (Waivers). SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the Project Manager at the address of CONSULTANT recited on the first page of this Agreement. CONSULTANT shall provide written notice to CITY of any change of address. SECTION 21. CONFLICT OF INTEREST. 21.1. In executing 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 subcontractors or other persons or parties having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 13  Packet Pg. 174 of 578  Professional Services Rev. Jan 29, 2024 Page 9 of 25 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, as amended from time to time. CONSULTANT agrees to notify CITY if any conflict arises. 21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time. SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA. 22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. 22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of 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: a) 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 CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 14  Packet Pg. 175 of 578  Professional Services Rev. Jan 29, 2024 Page 10 of 25 but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office. c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to 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. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060. SECTION 25. 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, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS. 26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract: (1) is not a public works contract; (2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j). SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”. This Project is not a 9204 Public Works Project. Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 15  Packet Pg. 176 of 578  Professional Services Rev. Jan 29, 2024 Page 11 of 25 SECTION 28. CONFIDENTIAL INFORMATION. 28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose. CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement. 28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY. 28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order. 28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time. 28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT. 28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions. Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 16  Packet Pg. 177 of 578  Professional Services Rev. Jan 29, 2024 Page 12 of 25 SECTION 29. MISCELLANEOUS PROVISIONS. 29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions. 29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 29.3. 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. 29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time. 29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect. 29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control. 29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement. 29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement. 29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement. SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein: EXHIBIT A: SCOPE OF SERVICES EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 17  Packet Pg. 178 of 578  Professional Services Rev. Jan 29, 2024 Page 13 of 25 EXHIBIT B: SCHEDULE OF PERFORMANCE EXHIBIT C: COMPENSATION EXHIBIT C-1: SCHEDULE OF RATES EXHIBIT D: INSURANCE REQUIREMENTS EXHIBIT E: QUALIFIED CONSULTING SERVICES THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED. Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 18  Packet Pg. 179 of 578  Professional Services Rev. Jan 29, 2024 Page 14 of 25 C CONTRACT NO. C28191790A SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written. CITY OF PALO ALTO ____________________________ City Manager APPROVED AS TO FORM: __________________________ City Attorney or designee AMPIRICAL SERVICES, INC. By:_________________________________ Name:_______________________________ Title: _______________________________ By:_________________________________ Name:_______________________________ Title: _______________________________ Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Kurt Traub Vice President - Engineering VP-Finance Pam Flucke Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 19  Packet Pg. 180 of 578  Professional Services Rev. Jan 29, 2024 Page 15 of 25 EXHIBIT A SCOPE OF SERVICES As requested by CITY in a Task Order in substantially the same format as Exhibit A-1, CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services. CONSULTANT will provide engineering design services as requested by City in a Task Order that may include but not be limited to the following project types: DISTRIBUTION 1. 4/12kV conversion projects – converting the distribution feeder voltage from 4kV to 12kV. 2. Overhead (OH) to Underground (UG) conversion projects – moving or converting overhead distribution lines to underground. 3. Electric pole replacement – joint ownership (CPAU and AT&T) utility wood pole replacement in right of way and rear easements. 4. Pole loading analysis – utility pole loading analysis using O’Calc. 5. UG cable/equipment replacement – rebuilding the underground electric system including the replacement of underground cable, transformers, switches, load breaks, etc. 6. OH re-conductoring and equipment replacement – rebuilding the overhead electric system including the replacement of poles, cross-arms, conductor, insulators, transformers, etc. per GO95. 7. OH field audits – field audits to validate records and maps. 8. UG field audits – field audits to validate records and maps. 9. OH/UG equipment specifications – creating equipment specifications to be used for bid documentation, engineering standards, or as part of a construction package for field crews. 10. Feeder analysis – various types of feeder analysis such as voltage drop, photovoltaic penetration or available capacity analysis, methodologies for optimally integrating Distributed Energy Resource into the distribution system, loading, coordination studies, etc. 11. Third party pole/streetlight attachment assessment – a review of pole attachment application requests by a third party. Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 20  Packet Pg. 181 of 578  Professional Services Rev. Jan 29, 2024 Page 16 of 25 SUBSTATION 1. Relay installation and replacement projects – the replacement of existing mechanical relays with new microprocessor relays or replacing microprocessor with newer microprocessor relays. 2. Breaker replacement design – the replacement of existing oil, gas, or vacuum circuit breakers at 60kV or 12kV substations. 3. Power transformer replacement design – the replacement of existing substation power transformer. 4. Station Capacitor Bank design – the installation of new station capacitors. 5. Switchgear improvement projects – the replacement of various components inside 60kV or 12kV switchgear. a. Batteries b. Chargers c. Expansion/modifications/replacement 6. Ground grid design 7. Civil and Structural designs – for various substation equipment foundations and lattice structure modification or expansion. 8. Equipment specifications – preparing engineering specifications to be used for engineering standards, purchasing/bidding, or construction. 9. Field audits – validating substation maps, records, and wiring diagrams. 10. Updating substation drawings and records – updating maps using AutoCAD and converting existing hand-drawn/paper drawings to digital format using AutoCAD 11. CCTV specifications and design – video surveillance design for electric substations. 12. Internal network/communication design – communication design for utility SCADA system including RTUs and multiplexers, and internal Ethernet network utilizing CPAU’s dark fiber optics. 13. Security enhancements – physical security improvements such as perimeter fence, gates, door alarms, intrusion detection systems. 14. Implementation of Conservation Voltage Reduction program, upon implementation of AMI system SYSTEM PROTECTION 1. Update ASPEN software – ASPEN is the circuit modeling software at CPAU used to run fault calculations and other engineering analysis. 2. Coordination studies and propose improvements as necessary – coordination studies on 60kV sub-transmission loop, substation protection, distribution feeders, and interconnection with PG&E. 3. Sub-transmission, Substation, and Feeder Protection design scheme/consulting 4. Power factor study and correction recommendation/design 5. Arc Flash study for CPAU substations TYPICAL TASKS/DELIVERABLES: Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 21  Packet Pg. 182 of 578  Professional Services Rev. Jan 29, 2024 Page 17 of 25 1. Prepares plans and specifications of electric utility distribution plant construction, maintenance, or removal, such as underground residential/commercial developments, overhead and underground main feeder systems and transformer, capacitor, switching equipment installations or replacement. 2. Prepares sketches of work to be performed, including instructions for installation of materials and location of poles, anchors, guys, conduit systems, vaults, service boxes, transformers, etc. 3. Determines proper cable and wire sizes, substructure layout, transformer sizes and combinations for given loads on the distribution system. 4. Prepares cost, time, and material estimates for the construction, repair, rearrangement, and maintenance of overhead and underground utility facilities including distribution, street lighting, and fiber optic, in accordance with the California Public Utilities Commission (CPUC) General Orders and City of Palo Alto Utilities construction standards. 5. Conduct field surveys of utility poles and perform pole loading analysis using O’Calc Pro software 6. Provide design for the construction of new, modification or expansion of existing, or for the replacement of aging electrical substation components including 115kV/60kV and 60kV/12kV transformers, 60kV line breakers, 60kV and 12kV tie breakers, station capacitor banks, lattice structures, metalclad 12kV switchgear, protection panels, battery and chargers, etc. 7. Provide civil and structural design within the substation and project scope. 8. Prepare or modify existing single-line and 3-line diagrams, AC/DC schematics, relay schematics, and wiring diagrams. 9. Perform various system performance and reliability studies including feeder analysis, load projections, distribution transformer loading analysis, emergency switching plans, power factor studies, power flow, arc flash, and coordination. 10. Designs street lighting systems and prepares construction drawings. 11. Conducts field surveys of project sites to determine the location of electric and other facilities and the impact of proposed changes. 12. Determines easement requirements. 13. Review and comment on building and public improvement plans. 14. Maintains appropriate records of electric system facilities. 15. Prepares routine correspondence. 16. Perform field audits to update or validate field records. 17. Prepare equipment specifications for bid and participate in bid evaluations. WORK REQUEST A detailed scope of work for each project request will be described in separate Task Orders prepared and issued by authorized CPAU Electric Engineering staff to the Consultant for acceptance. The Consultant shall provide a not-to-exceed price amount for the work to be performed for each Task Order. This amount shall include all labor, material, travel & reproduction costs, equipment expenses and all applicable taxes. Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 22  Packet Pg. 183 of 578  Professional Services Rev. Jan 29, 2024 Page 18 of 25 The Consultant will not start any work until the Task Order is duly signed by both parties. Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 23  Packet Pg. 184 of 578  Professional Services Rev. Jan 29, 2024 Page 19 of 25 EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE) 1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): 1B. TASK ORDER NO.: 2. CONSULTANT NAME: 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________ 5. BUDGET CODE_______________ COST CENTER________________ COST ELEMENT______________ WBS/CIP__________ PHASE__________ 6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A) MUST INCLUDE:  SERVICES AND DELIVERABLES TO BE PROVIDED  SCHEDULE OF PERFORMANCE  MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)  REIMBURSABLE EXPENSES, if any (with “not to exceed” amount) 8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________ I hereby authorize the performance of the work described in this Task Order. APPROVED: CITY OF PALO ALTO BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________ this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: COMPANY NAME: ______________________ BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________ Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 24  Packet Pg. 185 of 578  Professional Services Rev. Jan 29, 2024 Page 20 of 25 EXHIBIT B SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY. Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.) The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement. Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 25  Packet Pg. 186 of 578  Professional Services Rev. Jan 29, 2024 Page 21 of 25 EXHIBIT C COMPENSATION CITY agrees to compensate CONSULTANT for on-call, as-needed, time-limited project support services performed in accordance with the terms and conditions of this Agreement, and as set forth in a specific Task Order budget schedule. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth in a specific Task Order. CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed within a specific Task Order, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Consultant’s Task Orders issued under this Agreement. CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in the Task Orders issued to Consultant under this Agreement shall be at no cost to the CITY. The consultant will be compensated for the actual hours worked on construction site as requested by each Project Manager/Engineer, within the Task Order budget estimate prepared by City. The work hours in the electronic effort summary report will be used as a basis for compensation; Any revisions to the Task Order budget will require a written amendment signed by authorized representatives of the Parties. The City makes no guarantee as to the actual amount of services to be requested under any Task Order. REIMBURSABLE EXPENSES CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder. Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00. Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 26  Packet Pg. 187 of 578  Professional Services Rev. Jan 29, 2024 Page 22 of 25 EXHIBIT C-1 SCHEDULE OF RATES CONSULTANT’s schedule of rates is as follows: Description Hourly Rate 2025 USD Hourly Rate 2026 USD Hourly Rate 2027 USD Principal Engineer $260.00 $270.40 $281.22 Senior Engineer $200.00 $208.00 $216.32 Project Engineer $205.00 $213.20 $221.73 Project Manager $220.00 $228.80 $237.95 Revit/CAD Designer $140.00 $145.60 $151.42 Field Technician/Estimator $174.00 $180.96 $188.20 Administrative/Technical Support TOTAL NOT TO EXCEED _$15,000,000 among all Consultants over the three-year term. Notes: (a) The number of hours for the various tasks cannot be estimated at this time for an on-call contract, they will be included in a Task Order budget prepared by City at the time services are requested. Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 27  Packet Pg. 188 of 578  Professional Services Rev. Jan 29, 2024 Page 23 of 25 EXHIBIT D INSURANCE REQUIREMENTS CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN. REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY. II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: PURCHASINGSUPPORT@CITYOFPALOALTO.ORG III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS: A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 28  Packet Pg. 189 of 578  Professional Services Rev. Jan 29, 2024 Page 24 of 25 B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL: PURCHASINGSUPPORT@CITYOFPALOALTO.ORG Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 29  Packet Pg. 190 of 578  Professional Services Rev. Jan 29, 2024 Page 25 of 25 EXHIBIT E QUALIFIED CONSULTING SERVICES ENGINEERING PROJECTS - 4/12kV conversion projects Yes - Overhead (OH) to Underground (UG) conversion projects Yes - Electric pole replacement Yes - Pole loading analysis Yes - UG cable/equipment replacement Yes - OH re-conductoring and equipment replacement Yes - OH field audits Yes - UG field audits Yes - OH/UG equipment specifications Yes - Feeder analysis Yes - Third party pole/streetlight attachment assessment Yes - Relay installation and replacement projects Yes - Breaker replacement design Yes - Power transformer replacement design Yes - Station Capacitor Bank design Yes - Switchgear improvement projects Yes o Batteries Yes o Chargers Yes d) Expansion/modifications/replacement Yes - Civil designs Yes - Equipment specifications Yes - Field audits Yes - Updating substation drawings and records Yes - CCTV specifications and design Subcontract - Internal network/communication design Subcontract - Security enhancements Subcontract - Update ASPEN software circuit model Yes - Coordination studies and propose improvements as necessary Yes - Sub-transmission, Substation, and Feeder Protection scheme design/consulting Yes - Power factor study Subcontract - Arc Flash study Yes - Field audits Yes - Updating drawing and records Yes - Equipment design/specifications Subcontract - OH Fiber Optic cable design/Expansion projects Subcontract - UG Fiber Optic cable design/Expansion projects Subcontract - New customer service requests - construction package Yes o Customer and Crew field instructions Yes o Fiber assignments Yes - New equipment design specifications Yes - Residential, Multi-tenant, and Commercial service applications review Yes - Public Works service applications review Yes - Customer (Residential/Commercial) plan reviews Yes - PV Application Review/Grid Penetration analysis Yes Docusign Envelope ID: 0A8D6730-5A30-4E03-AE5D-DA2A70849EE7 Item 8 Attachment A - C25191790A Ampirical Services        Item 8: Staff Report Pg. 30  Packet Pg. 191 of 578  Professional Services Rev. Jan 29, 2024 Page 1 of 25 CITY OF PALO ALTO CONTRACT NO. C25191790B AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PALO ALTO AND BURNS & MCDONNELL WESTERN ENTERPRISES, INC. This Agreement for Professional Services (this “Agreement”) is entered into as of the 9th day of June, 2025 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and BURNS & MCDONNELL WESTERN ENTERPRISES, INC., a stock corporation, located at 145 S. State College Blvd., Brea, CA 92821 (“CONSULTANT”). The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference: RECITALS A. CITY intends to perform capital improvement projects (the “Project”) and desires to engage a consultant to provide on-call consulting services for electric utility engineering design services to support the capital improvement and maintenance projects as needed, in the areas of utility distribution and substation engineering, system protection, Supervisory Control And Data Acquisition (SCADA), fiber optics, Closed Circuit Tele Vision (CCTV), streetlights, customer service requests, and Geographical Information System (GIS), in connection with the Project (the “Services”, as detailed more fully in Exhibit A). B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional experience qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows: 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. Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.) CITY may elect to, but is not required to, authorize on-call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation). CONSULTANT shall provide on-call Services only by advanced, written authorization from CITY as detailed in this Section. On-call Services, if any, shall be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 31  Packet Pg. 192 of 578  Professional Services Rev. Jan 29, 2024 Page 2 of 25 the same form as Exhibit A-1 entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for on-call Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation due to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on-call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through June 8, 2028, unless terminated earlier pursuant to Section 19 (Termination) 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, entitled “SCHEDULE OF PERFORMANCE”. 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 CITY is engaging multiple consultants, none of whom, including the CONSULTANT under this Agreement, is guaranteed or assured of any minimum quantity of work to be performed. If work is performed by any one or more such consultants, CITY will ensure that total compensation to all such consultants will not exceed an aggregate of Fifteen Million Dollars ($15,000,000.00) among all consultants over the three-year Term of this Agreement. The compensation to be paid to CONSULTANT, if selected for performance of the Services, shall be based on the compensation structure detailed in one or more Task Order(s) in the format of Exhibit A-1, based on hourly schedule of rates set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment has not been expressly set forth in the rate schedule and/or a Task Order shall be at no cost to the CITY. Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.) Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 32  Packet Pg. 193 of 578  Professional Services Rev. Jan 29, 2024 Page 3 of 25 In addition to the not-to-exceed compensation specified above, CITY has set aside the not-to-exceed compensation amount of Dollars ($ ) for the performance of Additional Services (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Dollars ($ ), as detailed in Exhibit C. “Additional Services” means 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 at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement. 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, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice. If a portion of CONSULTANT's invoice is disputed, CITY shall pay the undisputed portion by the due date. CITY shall advise CONSULTANT in writing of the basis for any disputed portion of any statement. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it, its employees and subcontractors, if any, possess the professional and technical personnel Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 33  Packet Pg. 194 of 578  Professional Services Rev. Jan 29, 2024 Page 4 of 25 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 subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself reasonably informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement, as amended from time to time. 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 is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more, CONSULTANT shall make recommendations to CITY for aligning the Project design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement. CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT will be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities related to CONSULTANT’s performance of the Services, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT’s provision of the Services only, and not as to the means by which such a result is obtained. SECTION 11. ASSIGNMENT. The parties agree that the capability and experience of Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 34  Packet Pg. 195 of 578  Professional Services Rev. Jan 29, 2024 Page 5 of 25 CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties. SECTION 12. SUBCONTRACTING. Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors. Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcontractors authorized by CITY to perform work on this Project are: Consultant shall finalize the Subcontractors based on scope of work of the specific projects CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcontractors. CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee. CONSULTANT may engage temporary staffing agencies or obtain assistance from its affiliates and subsidiaries including, without limitation, Burns & McDonnell Canada Ltd., Burns & McDonnell Global, Inc., and Burns & McDonnell Engineering India Pvt. Ltd. (“Labor Sources”) to fulfill CONSULTANT’s performance obligations under this Agreement. The parties agree that contracts, purchase orders, or similar agreements between CONSULTANT and any Labor Sources are not subcontracts as that term is used in this Agreement, and personnel from such Labor Sources shall not be considered a subcontractor and shall be billed according to the applicable rate sheet for the Task Order as if such personnel is a direct hire employee. Personnel from Labor Sources shall be considered agents of CONSULTANT and able to act on behalf of CONSULTANT within the scope of the authority granted such personnel according to job function and billing classification. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Manikandan Sundararaman, Telephone: 906-231-5020, Email: msundararaman@burnsmcd.com as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day-to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager 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 CONSULTANT personnel who CITY finds do not Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 35  Packet Pg. 196 of 578  Professional Services Rev. Jan 29, 2024 Page 6 of 25 perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property. The CITY will provide the CONSULTANT with written notice of the basis for the CITY’s request within five (5) business days of CONSULTANT’s receipt of CITY’s request to remove CONSULTANT’s personnel. CITY’s Project Manager is Jim Pachikara, Utilities Department, Engineering Division, 1007 Elwell Court, Palo Alto, CA, 94303, Telephone: 650-566-4532. Email: jim.pachikara@cityofpaloalto.org. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product 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 Services. SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for three (3) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least three (3) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later. Notwithstanding anything to the contrary herein, in no event shall CITY be entitled to audit the composition of any agreed upon fixed rates or percentage multipliers nor shall it be entitled to audit any rates, charges, costs, hours worked or expenses related to work performed on a lump sum or fixed price basis. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all third party 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 attorney’s fees, experts fees, court costs and disbursements (“Claims”) to the extent that such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors during the performance of Services under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. CITY will reimburse CONSULTANT for the Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 36  Packet Pg. 197 of 578  Professional Services Rev. Jan 29, 2024 Page 7 of 25 proportionate percentage of defense costs exceeding CONSULTANT’s proportionate percentage of fault as determined by the final judgment of a court of competent jurisdiction. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement. 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. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 29.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 37  Packet Pg. 198 of 578  Professional Services Rev. Jan 29, 2024 Page 8 of 25 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 amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. 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. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination, CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination. 19.2. In event of suspension or termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials). 19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Services provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30. 19.4. 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, unless made in accordance with Section 17 (Waivers). 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 Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 38  Packet Pg. 199 of 578  Professional Services Rev. Jan 29, 2024 Page 9 of 25 To CONSULTANT: Attention of the Project Manager at the address of CONSULTANT recited on the first page of this Agreement. CONSULTANT shall provide written notice to CITY of any change of address. SECTION 21. CONFLICT OF INTEREST. 21.1. In executing 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 subcontractors or other persons or parties having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time. CONSULTANT agrees to notify CITY if any conflict arises. 21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time. SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA. 22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. 22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 39  Packet Pg. 200 of 578  Professional Services Rev. Jan 29, 2024 Page 10 of 25 Preferred Purchasing policies which are available at CITY’s Purchasing Department, hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of 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: (a) 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 CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with 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 Department’s office. (c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to 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. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060. SECTION 25. 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, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS. 26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract: 1. is not a public works contract; 2. is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 40  Packet Pg. 201 of 578  Professional Services Rev. Jan 29, 2024 Page 11 of 25 3. is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j). SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”. This Project is not a 9204 Public Works Project. SECTION 28. CONFIDENTIAL INFORMATION. 28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose. CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement. 28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY. 28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order. 28.4. CONSULTANT will notify City promptly upon learning of any breach in Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 41  Packet Pg. 202 of 578  Professional Services Rev. Jan 29, 2024 Page 12 of 25 the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time. 28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information; All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT. 28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions. SECTION 29. MISCELLANEOUS PROVISIONS. 29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions. 29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 29.3. 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. 29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time. 29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect. 29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control. 29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement. Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 42  Packet Pg. 203 of 578  Professional Services Rev. Jan 29, 2024 Page 13 of 25 29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement. 29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement. SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein: EXHIBIT A: SCOPE OF SERVICES EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER EXHIBIT B: SCHEDULE OF PERFORMANCE EXHIBIT C: COMPENSATION EXHIBIT C-1: SCHEDULE OF RATES EXHIBIT D: INSURANCE REQUIREMENTS EXHIBIT E: QUALIFIED CONSULTING SERVICES THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED. Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 43  Packet Pg. 204 of 578  Professional Services Rev. Jan 29, 2024 Page 14 of 25 C CONTRACT NO. C28191790B SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written. CITY OF PALO ALTO ____________________________ City Manager APPROVED AS TO FORM: __________________________ City Attorney or designee BURNS & MCDONNELL WESTERN ENTERPRISES, INC. By:_________________________________ Name:_______________________________ Title: _______________________________ By:_________________________________ Name:_______________________________ Title: _______________________________ Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Vice President Stephen Kane Jamey Bertram Senior Vice President Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 44  Packet Pg. 205 of 578  Professional Services Rev. Jan 29, 2024 Page 15 of 25 EXHIBIT A SCOPE OF SERVICES As requested by CITY in a Task Order in substantially the same format as Exhibit A-1, CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services. CONSULTANT will provide engineering design services as requested by City in a Task Order that may include but not be limited to the following project types: DISTRIBUTION 1. 4/12kV conversion projects – converting the distribution feeder voltage from 4kV to 12kV. 2. Overhead (OH) to Underground (UG) conversion projects – moving or converting overhead distribution lines to underground. 3. Electric pole replacement – joint ownership (CPAU and AT&T) utility wood pole replacement in right of way and rear easements. 4. Pole loading analysis – utility pole loading analysis using O’Calc. 5. UG cable/equipment replacement – rebuilding the underground electric system including the replacement of underground cable, transformers, switches, load breaks, etc. 6. OH re-conductoring and equipment replacement – rebuilding the overhead electric system including the replacement of poles, cross-arms, conductor, insulators, transformers, etc. per GO95. 7. OH field audits – field audits to validate records and maps. 8. UG field audits – field audits to validate records and maps. 9. OH/UG equipment specifications – creating equipment specifications to be used for bid documentation, engineering standards, or as part of a construction package for field crews. 10. Feeder analysis – various types of feeder analysis such as voltage drop, photovoltaic penetration or available capacity analysis, methodologies for optimally integrating Distributed Energy Resource into the distribution system, loading, coordination studies, etc. 11. Third party pole/streetlight attachment assessment – a review of pole attachment application requests by a third party. Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 45  Packet Pg. 206 of 578  Professional Services Rev. Jan 29, 2024 Page 16 of 25 SUBSTATION 1. Relay installation and replacement projects – the replacement of existing mechanical relays with new microprocessor relays or replacing microprocessor with newer microprocessor relays. 2. Breaker replacement design – the replacement of existing oil, gas, or vacuum circuit breakers at 60kV or 12kV substations. 3. Power transformer replacement design – the replacement of existing substation power transformer. 4. Station Capacitor Bank design – the installation of new station capacitors. 5. Switchgear improvement projects – the replacement of various components inside 60kV or 12kV switchgear. a. Batteries b. Chargers c. Expansion/modifications/replacement 6. Ground grid design 7. Civil and Structural designs – for various substation equipment foundations and lattice structure modification or expansion. 8. Equipment specifications – preparing engineering specifications to be used for engineering standards, purchasing/bidding, or construction. 9. Field audits – validating substation maps, records, and wiring diagrams. 10. Updating substation drawings and records – updating maps using AutoCAD and converting existing hand-drawn/paper drawings to digital format using AutoCAD 11. CCTV specifications and design – video surveillance design for electric substations. 12. Internal network/communication design – communication design for utility SCADA system including RTUs and multiplexers, and internal Ethernet network utilizing CPAU’s dark fiber optics. 13. Security enhancements – physical security improvements such as perimeter fence, gates, door alarms, intrusion detection systems. 14. Implementation of Conservation Voltage Reduction program, upon implementation of AMI system SYSTEM PROTECTION 1. Update ASPEN software – ASPEN is the circuit modeling software at CPAU used to run fault calculations and other engineering analysis. 2. Coordination studies and propose improvements as necessary – coordination studies on 60kV sub-transmission loop, substation protection, distribution feeders, and interconnection with PG&E. 3. Sub-transmission, Substation, and Feeder Protection design scheme/consulting 4. Power factor study and correction recommendation/design 5. Arc Flash study for CPAU substations TYPICAL TASKS/DELIVERABLES: Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 46  Packet Pg. 207 of 578  Professional Services Rev. Jan 29, 2024 Page 17 of 25 1. Prepares plans and specifications of electric utility distribution plant construction, maintenance, or removal, such as underground residential/commercial developments, overhead and underground main feeder systems and transformer, capacitor, switching equipment installations or replacement. 2. Prepares sketches of work to be performed, including instructions for installation of materials and location of poles, anchors, guys, conduit systems, vaults, service boxes, transformers, etc. 3. Determines proper cable and wire sizes, substructure layout, transformer sizes and combinations for given loads on the distribution system. 4. Prepares cost, time, and material estimates for the construction, repair, rearrangement, and maintenance of overhead and underground utility facilities including distribution, street lighting, and fiber optic, in accordance with the California Public Utilities Commission (CPUC) General Orders and City of Palo Alto Utilities construction standards. 5. Conduct field surveys of utility poles and perform pole loading analysis using O’Calc Pro software 6. Provide design for the construction of new, modification or expansion of existing, or for the replacement of aging electrical substation components including 115kV/60kV and 60kV/12kV transformers, 60kV line breakers, 60kV and 12kV tie breakers, station capacitor banks, lattice structures, metalclad 12kV switchgear, protection panels, battery and chargers, etc. 7. Provide civil and structural design within the substation and project scope. 8. Prepare or modify existing single-line and 3-line diagrams, AC/DC schematics, relay schematics, and wiring diagrams. 9. Perform various system performance and reliability studies including feeder analysis, load projections, distribution transformer loading analysis, emergency switching plans, power factor studies, power flow, arc flash, and coordination. 10. Designs street lighting systems and prepares construction drawings. 11. Conducts field surveys of project sites to determine the location of electric and other facilities and the impact of proposed changes. 12. Determines easement requirements. 13. Review and comment on building and public improvement plans. 14. Maintains appropriate records of electric system facilities. 15. Prepares routine correspondence. 16. Perform field audits to update or validate field records. 17. Prepare equipment specifications for bid and participate in bid evaluations. WORK REQUEST A detailed scope of work for each project request will be described in separate Task Orders prepared and issued by authorized CPAU Electric Engineering staff to the Consultant for acceptance. The Consultant shall provide a not-to-exceed price amount for the work to be performed for each Task Order. This amount shall include all labor, material, travel & reproduction costs, equipment expenses and all applicable taxes. Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 47  Packet Pg. 208 of 578  Professional Services Rev. Jan 29, 2024 Page 18 of 25 The Consultant will not start any work until the Task Order is duly signed by both parties. Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 48  Packet Pg. 209 of 578  Professional Services Rev. Jan 29, 2024 Page 19 of 25 EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE) 1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): 1B. TASK ORDER NO.: 2. CONSULTANT NAME: 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________ 5. BUDGET CODE_______________ COST CENTER________________ COST ELEMENT______________ WBS/CIP__________ PHASE__________ 6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A) MUST INCLUDE: o SERVICES AND DELIVERABLES TO BE PROVIDED o SCHEDULE OF PERFORMANCE o MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable) o REIMBURSABLE EXPENSES, if any (with “not to exceed” amount) 8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________ I hereby authorize the performance of the work described in this Task Order. APPROVED: CITY OF PALO ALTO BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________ this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: COMPANY NAME: ______________________ BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________ Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 49  Packet Pg. 210 of 578  Professional Services Rev. Jan 29, 2024 Page 20 of 25 EXHIBIT B SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY. Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.) The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement. Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 50  Packet Pg. 211 of 578  Professional Services Rev. Jan 29, 2024 Page 21 of 25 EXHIBIT C COMPENSATION CITY agrees to compensate CONSULTANT for on-call, as-needed, time-limited project support services performed in accordance with the terms and conditions of this Agreement, and as set forth in a specific Task Order budget schedule. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth in a specific Task Order. CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed within a specific Task Order, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Consultant’s Task Orders issued under this Agreement. CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in the Task Orders issued to Consultant under this Agreement shall be at no cost to the CITY. The consultant will be compensated for the actual hours worked on construction site as requested by each Project Manager/Engineer, within the Task Order budget estimate prepared by City. The work hours in the electronic effort summary report will be used as a basis for compensation; Any revisions to the Task Order budget will require a written amendment signed by authorized representatives of the Parties. The City makes no guarantee as to the actual amount of services to be requested under any Task Order. REIMBURSABLE EXPENSES CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder. Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00. Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 51  Packet Pg. 212 of 578  Professional Services Rev. Jan 29, 2024 Page 22 of 25 EXHIBIT C-1 SCHEDULE OF RATES CONSULTANT’s schedule of rates is as follows: Description Hourly Rate USD* Levels 10 - 13 - 11 TOTAL NOT TO EXCEED _$15,000,000 AMONG ALL CONSULTANTS OVER THE THREE-YEAR TERM. Notes: (a) The number of hours for the various tasks cannot be estimated at this time for an on-call contract, they will be included in a Task Order budget prepared by City at the time services are requested. Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 52  Packet Pg. 213 of 578  Professional Services Rev. Jan 29, 2024 Page 23 of 25 EXHIBIT D INSURANCE REQUIREMENTS CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN. REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: 1. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY. II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: PURCHASINGSUPPORT@CITYOFPALOALTO.ORG III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS: A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 53  Packet Pg. 214 of 578  Professional Services Rev. Jan 29, 2024 Page 24 of 25 B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL: PURCHASINGSUPPORT@CITYOFPALOALTO.ORG Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 54  Packet Pg. 215 of 578  Professional Services Rev. Jan 29, 2024 Page 25 of 25 EXHIBIT E QUALIFIED CONSULTING SERVICES ENGINEERING PROJECTS PROPOSER HAS REQUIRED EXPERTISE - 4/12kV conversion projects Yes - Overhead (OH) to Underground (UG) conversion projects Yes - Electric pole replacement Yes - Pole loading analysis Yes - UG cable/equipment replacement Yes - OH re-conductoring and equipment replacement Yes - OH field audits Yes - UG field audits Yes - OH/UG equipment specifications Yes - Feeder analysis Yes - Third party pole/streetlight attachment assessment Yes - Relay installation and replacement projects Yes - Breaker replacement design Yes - Power transformer replacement design Yes - Station Capacitor Bank design Yes - Switchgear improvement projects Yes o Batteries Yes o Chargers Yes o Expansion/modifications/replacement Yes - Civil designs Yes - Equipment specifications Yes - Field audits Yes - Updating substation drawings and records Yes - CCTV specifications and design Yes - Internal network/communication design Yes - Security enhancements Yes - Update ASPEN software circuit model Yes - Coordination studies and propose improvements as necessary Yes - Sub-transmission, Substation, and Feeder Protection scheme design/consulting Yes - Power factor study Yes - Arc Flash study Yes - Field audits Yes - Updating drawing and records Yes - Equipment design/specifications Yes - OH Fiber Optic cable design/Expansion projects Yes - UG Fiber Optic cable design/Expansion projects Yes - New customer service requests - construction package Yes o Customer and Crew field instructions Yes o Fiber assignments Yes - New equipment design specifications Yes - Residential, Multi-tenant, and Commercial service applications review Yes - Public Works service applications review Yes - Customer (Residential/Commercial) plan reviews Yes - PV Application Review/Grid Penetration analysis Yes Docusign Envelope ID: 3F1CDF3C-15D9-41C5-A47C-31F23AE0A855 Item 8 Attachment B - C25191790B Burns & McDonnell Western Enterprises, Inc.        Item 8: Staff Report Pg. 55  Packet Pg. 216 of 578  Professional Services Rev. Jan 29, 2024 Page 1 of 24 CITY OF PALO ALTO CONTRACT NO. C25191790D AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PALO ALTO AND TRANSFORMER CONSULTING SERVICES, INC. This Agreement for Professional Services (this “Agreement”) is entered into as of the 9th day of June, 2025 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and TRANSFORMER CONSULTING SERVICES, INC., a Canadian corporation, located at Suite 907, 840-9 Street SW, Calgary, Alberta, Canada T2P 2T1 (“CONSULTANT”). The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference: RECITALS A. CITY intends to perform capital improvement projects (the “Project”) and desires to engage a consultant to provide on-call consulting services for electric utility engineering to support the city-wide Grid Modernization project, and other capital improvement and maintenance projects, as needed in the fields of utility distribution and substation engineering, and system protection, in connection with the Project (the “Services”, as detailed more fully in Exhibit A). B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows: 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. Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.) CITY may elect to, but is not required to, authorize on-call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation). CONSULTANT shall provide on-call Services only by advanced, written authorization from CITY as detailed in this Section. On-call Services, if any, shall be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1 entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 56  Packet Pg. 217 of 578  Professional Services Rev. Jan 29, 2024 Page 2 of 24 maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for on-call Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation due to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on-call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through June 8, 2028 unless terminated earlier pursuant to Section 19 (Termination) 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, entitled “SCHEDULE OF PERFORMANCE”. 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 CITY is engaging multiple consultants, none of whom, including the CONSULTANT under this Agreement, is guaranteed or assured of any minimum quantity of work to be performed. If work is performed by any one or more such consultants, CITY will ensure that total compensation to all such consultants will not exceed an aggregate of Fifteen Million Dollars ($15,000,000.00) among all consultants over the three-year Term of this Agreement The compensation to be paid to CONSULTANT, if selected for performance of the Services, shall be based on the compensation structure detailed in one or more Task Order(s) in the format of Exhibit A-1, based on hourly schedule of rates set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment has not been expressly set forth in the rate schedule and/or a Task Order shall be at no cost to the CITY. Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.) In addition to the not-to-exceed compensation specified above, CITY has set aside the not-to-exceed compensation amount of Dollars ($ ) for the performance of Additional Services (as defined below). The total compensation for performance of the Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 57  Packet Pg. 218 of 578  Professional Services Rev. Jan 29, 2024 Page 3 of 24 Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Dollars ($ ), as detailed in Exhibit C. “Additional Services” means 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 at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement. 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, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it, its employees and subcontractors, if any, possess 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 subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 58  Packet Pg. 219 of 578  Professional Services Rev. Jan 29, 2024 Page 4 of 24 professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement, as amended from time to time. 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 is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more, CONSULTANT shall make recommendations to CITY for aligning the Project design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement. CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT will be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities related to CONSULTANT’s performance of the Services, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT’s provision of the Services only, and not as to the means by which such a result is obtained. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 59  Packet Pg. 220 of 578  Professional Services Rev. Jan 29, 2024 Page 5 of 24 parties. SECTION 12. SUBCONTRACTING. Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors. Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcontractors authorized by CITY to perform work on this Project are: 1. 2017146 Alberta Ltd CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcontractors. CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Ronnie Minhaz, Telephone: 403-919-7664, Email: rminhaz@tc-servicesinc.com as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day-to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager 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 CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property. CITY’s Project Manager is Jim Pachikara, Utilities Department, Engineering Division, 1007 Elwell Court, Palo Alto, CA, 94303, Telephone: 650-566-4532. Email: jim.pachikara@cityofpaloalto.org. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 60  Packet Pg. 221 of 578  Professional Services Rev. Jan 29, 2024 Page 6 of 24 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 Services. SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all third party 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 attorney’s fees, experts fees, court costs and disbursements (“Claims”) to the extent that such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. CITY will reimburse CONSULTANT for the proportionate percentage of defense costs exceeding CONSULTANT’s proportionate percentage of fault as determined by the final judgment of a court of competent jurisdiction. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement. 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. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 29.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 61  Packet Pg. 222 of 578  Professional Services Rev. Jan 29, 2024 Page 7 of 24 D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY, its officers, agents, and employees 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, its officers, agents, and employees as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer 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 amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. 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. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination, CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination. 19.2. In event of suspension or termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials). 19.3. In event of suspension or termination, CONSULTANT will be paid for the Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 62  Packet Pg. 223 of 578  Professional Services Rev. Jan 29, 2024 Page 8 of 24 Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Services provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30. 19.4. 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, unless made in accordance with Section 17 (Waivers). SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the Project Manager at the address of CONSULTANT recited on the first page of this Agreement. CONSULTANT shall provide written notice to CITY of any change of address. SECTION 21. CONFLICT OF INTEREST. 21.1. In executing 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 subcontractors or other persons or parties having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time. CONSULTANT agrees to notify CITY if any conflict arises. 21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time. Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 63  Packet Pg. 224 of 578  Professional Services Rev. Jan 29, 2024 Page 9 of 24 SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA. 22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. 22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of 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: (a) 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 CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with 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 Department’s office. (c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to 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. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 64  Packet Pg. 225 of 578  Professional Services Rev. Jan 29, 2024 Page 10 of 24 calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060. SECTION 25. 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, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS. 26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract: (1) is not a public works contract; (2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j). SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”. This Project is not a 9204 Public Works Project. SECTION 28. CONFIDENTIAL INFORMATION. 28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose. CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 65  Packet Pg. 226 of 578  Professional Services Rev. Jan 29, 2024 Page 11 of 24 provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement. 28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY. 28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order. 28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time. 28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT. 28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions. SECTION 29. MISCELLANEOUS PROVISIONS. 29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions. 29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 29.3. The prevailing party in any action brought to enforce the provisions of this Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 66  Packet Pg. 227 of 578  Professional Services Rev. Jan 29, 2024 Page 12 of 24 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. 29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time. 29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect. 29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control. 29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement. 29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement. 29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement. SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein: EXHIBIT A: SCOPE OF SERVICES EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER EXHIBIT B: SCHEDULE OF PERFORMANCE EXHIBIT C: COMPENSATION EXHIBIT C-1: SCHEDULE OF RATES EXHIBIT D: INSURANCE REQUIREMENTS EXHIBIT E: QUALIFIED CONSULTING SERVICES THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED. Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 67  Packet Pg. 228 of 578  Professional Services Rev. Jan 29, 2024 Page 13 of 24 C CONTRACT NO. C28191790D SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written. CITY OF PALO ALTO ____________________________ City Manager APPROVED AS TO FORM: __________________________ City Attorney or designee TRANSFORMER CONSULTING SERVICES, INC. By: ________________________________ Name: ___Ronnie Minhaz_______________ Title: President________________________ Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 68  Packet Pg. 229 of 578  Professional Services Rev. Jan 29, 2024 Page 14 of 24 EXHIBIT A SCOPE OF SERVICES CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services. CONSULTANT will provide engineering design services as requested by City in a Task Order that may include but not be limited to the following project types: DISTRIBUTION 1. 4/12kV conversion projects – converting the distribution feeder voltage from 4kV to 12kV. 2. Feeder analysis – various types of feeder analysis such as voltage drop, photovoltaic penetration or available capacity analysis, methodologies for optimally integrating Distributed Energy Resource into the distribution system, loading, coordination studies, etc. SUBSTATION 1. Relay installation and replacement projects – the replacement of existing mechanical relays with new microprocessor relays or replacing microprocessor with newer microprocessor relays. 2. Breaker replacement design – the replacement of existing oil, gas, or vacuum circuit breakers at 60kV or 12kV substations. 3. Power transformer replacement design – the replacement of existing substation power transformer. 4. Station Capacitor Bank design – the installation of new station capacitors. 5. Switchgear improvement projects – the replacement of various components inside 60kV or 12kV switchgear. a) Batteries b) Chargers c) Expansion/modifications/replacement 6. Ground grid design 7. Equipment specifications – preparing engineering specifications to be used for engineering standards, purchasing/bidding, or construction. 8. Field audits – validating substation maps, records, and wiring diagrams. Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 69  Packet Pg. 230 of 578  Professional Services Rev. Jan 29, 2024 Page 15 of 24 9. Updating substation drawings and records – updating maps using AutoCAD and converting existing hand-drawn/paper drawings to digital format using AutoCAD 10. Implementation of Conservation Voltage Reduction program, upon implementation of AMI system SYSTEM PROTECTION 1. Update ASPEN software – ASPEN is the circuit modeling software at CPAU used to run fault calculations and other engineering analysis. 2. Coordination studies and propose improvements as necessary – coordination studies on 60kV sub-transmission loop, substation protection, distribution feeders, and interconnection with PG&E. 3. Sub-transmission, Substation, and Feeder Protection design scheme/consulting 4. Power factor study and correction recommendation/design 5. Arc Flash study for CPAU substations TYPICAL TASKS/DELIVERABLES: 1. Prepares plans and specifications of electric utility distribution plant construction, maintenance, or removal, such as underground residential/commercial developments, overhead and underground main feeder systems and transformer, capacitor, switching equipment installations or replacement. 2. Prepares sketches of work to be performed, including instructions for installation of materials and location of poles, anchors, guys, conduit systems, vaults, service boxes, transformers, etc. 3. Determines proper cable and wire sizes, substructure layout, transformer sizes and combinations for given loads on the distribution system. 4. Provide design for the construction of new, modification or expansion of existing, or for the replacement of aging electrical substation components including 115kV/60kV and 60kV/12kV transformers, 60kV line breakers, 60kV and 12kV tie breakers, station capacitor banks, lattice structures, metalclad 12kV switchgear, protection panels, battery and chargers, etc. 5. Prepare or modify existing single-line and 3-line diagrams, AC/DC schematics, relay schematics, and wiring diagrams. 6. Perform various system performance and reliability studies including feeder analysis, load projections, distribution transformer loading analysis, emergency switching plans, power factor studies, power flow, arc flash, and coordination. 7. Conducts field surveys of project sites to determine the location of electric and other facilities and the impact of proposed changes. 8. Determines easement requirements. 9. Maintains appropriate records of electric system facilities. 10. Prepares routine correspondence. 11. Perform field audits to update or validate field records. 12. Prepare equipment specifications for bid and participate in bid evaluations Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 70  Packet Pg. 231 of 578  Professional Services Rev. Jan 29, 2024 Page 16 of 24 A detailed scope of work for each project request will be described in separate Task Orders prepared and issued by authorized CPAU Electric Engineering staff to the Consultant for acceptance. The Consultant shall provide a not-to-exceed price amount for the work to be performed for each Task Order. This amount shall include all labor, material, travel & reproduction costs, equipment expenses and all applicable taxes. The Consultant will not start any work until the Task Order is duly signed by both parties. Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 71  Packet Pg. 232 of 578  Professional Services Rev. Jan 29, 2024 Page 17 of 24 EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE) 1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): 1B. TASK ORDER NO.: 2. CONSULTANT NAME: 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________ 5. BUDGET CODE_______________ COST CENTER________________ COST ELEMENT______________ WBS/CIP__________ PHASE__________ 6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A) MUST INCLUDE:  SERVICES AND DELIVERABLES TO BE PROVIDED  SCHEDULE OF PERFORMANCE  MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)  REIMBURSABLE EXPENSES, if any (with “not to exceed” amount) 8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________ I hereby authorize the performance of the work described in this Task Order. APPROVED: CITY OF PALO ALTO BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________ this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: COMPANY NAME: ______________________ BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________ Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 72  Packet Pg. 233 of 578  Professional Services Rev. Jan 29, 2024 Page 18 of 24 EXHIBIT B SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY. Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.) The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement. Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 73  Packet Pg. 234 of 578  Professional Services Rev. Jan 29, 2024 Page 19 of 24 EXHIBIT C COMPENSATION CITY agrees to compensate CONSULTANT for on-call, as-needed, time-limited project support services performed in accordance with the terms and conditions of this Agreement, and as set forth in a specific Task Order budget schedule. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth in a specific Task Order. CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed within a specific Task Order, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Consultant’s Task Orders issued under this Agreement. CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in the Task Orders issued to Consultant under this Agreement shall be at no cost to the CITY. The consultant will be compensated for the actual hours worked on construction site as requested by each Project Manager/Engineer, within the Task Order budget estimate prepared by City. The work hours in the electronic effort summary report will be used as a basis for compensation; Any revisions to the Task Order budget will require a written amendment signed by authorized representatives of the Parties. The City makes no guarantee as to the actual amount of services to be requested under any Task Order. REIMBURSABLE EXPENSES CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder. Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00. Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 74  Packet Pg. 235 of 578  Professional Services Rev. Jan 29, 2024 Page 20 of 24 EXHIBIT C-1 SCHEDULE OF RATES CONSULTANT’s schedule of rates is as follows: Description Hourly Rate USD Principal Engineer Senior Engineer Project Engineer Project Manager Field Technician/Estimator Administrative/Technical Support TOTAL NOT TO EXCEED _$15,000,000 AMONG ALL CONSULTANTS OVER THE THREE-YEAR TERM. Notes: (a) The number of hours for the various tasks cannot be estimated at this time for an on-call contract, they will be included in a Task Order budget prepared by City at the time services are requested. Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 75  Packet Pg. 236 of 578  Professional Services Rev. Jan 29, 2024 Page 21 of 24 EXHIBIT D INSURANCE REQUIREMENTS CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN. REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE NOYES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY VENDOR IS SOLE PROPRIETORSHIP VENDOR IS SOLE PROPRIETORSHIP YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED BASED ON VENDOR’S SERVICES BASED ON VENDOR’S SERVICES YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $2,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY. II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: PURCHASINGSUPPORT@CITYOFPALOALTO.ORG III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS: A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 76  Packet Pg. 237 of 578  Professional Services Rev. Jan 29, 2024 Page 22 of 24 B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL: PURCHASINGSUPPORT@CITYOFPALOALTO.ORG Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 77  Packet Pg. 238 of 578  Professional Services Rev. Jan 29, 2024 Page 23 of 24 EXHIBIT E QUALIFIED CONSULTING SERVICES ENGINEERING PROJECTS o o o Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 78  Packet Pg. 239 of 578  Professional Services Rev. Jan 29, 2024 Page 24 of 24 Fiber Optics - Field audits NO - Updating drawing and records NO - Equipment design/specifications NO - OH Fiber Optic cable design/Expansion projects NO - UG Fiber Optic cable design/Expansion projects NO - New customer service requests - construction package NO o Customer and Crew field instructions NO o Fiber assignments NO SCADA - New equipment design specifications NO Customer Service - Residential, Multi-tenant, and Commercial service applications review NO - Public Works service applications review NO - Customer (Residential/Commercial) plan reviews NO - PV Application Review/Grid Penetration analysis NO Docusign Envelope ID: 07799D53-9222-4FEB-8361-D52E3D3FDD0A Item 8 Attachment C - C25191790D Transformer Consulting Services, Inc.        Item 8: Staff Report Pg. 79  Packet Pg. 240 of 578  6 2 9 8 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Community Services Meeting Date: June 9, 2025 Report #:2501-3998 TITLE Approval of Construction Contract No. C25193640 with FieldTurf USA, Inc. in the Amount of $3,064,185 for Stanford Palo Alto Community Playing Fields Turf Replacement Project PG- 26000, and Authorization of Contract Contingency in an Amount Not-to-Exceed $306,419; and Amend the FY 2025 Budget in the Capital Improvement Fund and the Parks Dedication Fund; CEQA status – categorically exempt under CEQA Guidelines sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction). RECOMMENDATION Staff recommends that City Council: 1. Approve and authorize the City Manager or their designee to execute construction contract with FieldTurf USA, Inc. (Contract No. #C25193640)1 in the amount not to exceed $3,064,185 for the purchase and installation of a synthetic field replacement for Stanford Palo Alto Community Playing Fields Turf Replacement Capital Improvement Program project (PG-26000); and 2. Authorize the City Manager or their designee to negotiate and execute one or more change orders to contract No. C25193640 with FieldTurf USA, Inc. for related additional but unforeseen work which may develop during the project, the total value of which shall not exceed $306,419. 3. Amend the Fiscal Year 2025 Budget Appropriation (requires a 2/3 approval) for: a) Capital Improvement Fund by: i) Increasing the Transfer In from the Parks Dedication Fund by $961,490; and 1 Contract No. #C25193640 Item 9 Item 9 Staff Report        Item 9: Staff Report Pg. 1  Packet Pg. 241 of 578  6 2 9 8 ii) Increasing the appropriation for Stanford Palo Alto Community Playing Fields Turf Replacement Project (PG-26000) by $961,490; b) Parks Dedication Fund by: i) Increasing the Transfer To appropriation to the Capital Improvement Fund by $961,490; and ii) Decreasing the Ending Fund Balance by $961,490. EXECUTIVE SUMMARY The synthetic turf fields at the Stanford Palo Alto Community Playing Fields (Mayfield fields), installed in 2016, are now at the end of their useful life and require full replacement to maintain safe and high-quality playing conditions. The current infill material, thermoplastic elastomer (TPE), has performed poorly in the Bay Area‘s climate, leading to heat-related degradation and user complaints throughout fields in the region. To address this, staff evaluated a range of replacement options through site visits to comparable fields, consultation with stakeholders, and technical analysis. Alternative infill materials were assessed for safety, performance, and compatibility with existing site infrastructure. Based on findings, cork infill emerged as a viable, irrigation-free, organic alternative. The scope of work includes replacing the synthetic turf, infill, and the underlying pad, which has also reached the end of its useful life and a maintenance contract for the life of the eight-year warranty. Staff recommends moving forward with FieldTurf USA, Inc. through a cooperative purchasing agreement to ensure timely project delivery and continuity of service at this high- demand community recreational facility. BACKGROUND On May 2, 20052, the City Council approved the City of Palo Alto and Stanford Development Agreement and Lease. Under this agreement, the City accepted the completion of the Stanford Palo Alto Community Playing Fields (also known as the Mayfield fields), including two synthetic turf soccer fields and a practice area, from Stanford University on August 9, 2006. This initiated a 51-year lease term. The six-acre site is dedicated exclusively to park and recreational use for the duration of the lease. Since installation, the fields have been highly utilized and continue to experience high demand from youth and adult soccer leagues, as well as drop-in users. 2 City Council, May 2, 2005; Agenda Item #8 SR #236:05, Item 9 Item 9 Staff Report        Item 9: Staff Report Pg. 2  Packet Pg. 242 of 578  6 2 9 8 To maintain the safety and usability of the site, the City Council approved the replacement of the synthetic turf on the two soccer fields on November 30, 20153. While the base, drainage, and shock pad remained in good condition, the turf surface and infill were replaced with a Greenfields synthetic turf system using thermoplastic elastomer (TPE) infill. This system was selected in part because it contained no recycled tire products, representing an improvement over the original installation. However, the TPE infill has not performed well in the Bay Area‘s climate. High temperatures have caused the infill to soften and melt, leading to ongoing issues with field quality and user experience throughout fields in the Bay Area. To prolong the use of the fields, most of the deteriorating TPE infill was removed in December 2022 and replaced with a higher grade of TPE rated for higher heat and ultraviolet light resistance. Some deteriorating TPE remained as it could not be removed without damaging the turf and this is melting and clumping in high heat. The Community Services Department manages four synthetic athletic fields: El Camino Park, the Stanford Palo Alto Community Playing Fields, and a field at Cubberley. Two of these synthetic turf fields, El Camino Park and Stanford Palo Alto Community Playing Fields, have reached or are near the end of their useful life and require replacement. To address this, a Capital Improvement Project (PG-24000) for the replacement of the El Camino Park synthetic turf field was included in the FY 2024 Adopted Capital Budget. However, at the Finance Committee meeting on May 21, 20244, the City Council directed staff to conduct additional analysis to inform future field replacements. In response, the City Council approved a refined Turf Study on April 21, 20255, focusing initially on evaluating turf options for El Camino Park. The study is currently underway and will inform the decision for El Camino Park PG-24000 in FY 2026. In the meantime, staff has identified an urgent need to replace the synthetic turf, base, and pad at the Stanford Palo Alto Community Playing Fields (CIP Project PG-26000) in FY 2025. This field’s condition has deteriorated to a point where safety concerns could soon necessitate partial or full closure. Delaying the replacement of the synthetic turf system could lead to field closures, directly affecting youth and adult leagues, scheduled programming, general drop-in use, and revenue loss, and would limit staff’s ability to effectively coordinate construction timelines, as other capital projects are scheduled based on this project’s timeline. Addressing 3 City Council, November 30, 2015; Agenda Item #11; SR #6284 https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2015/id-6284-stanford-palo-alto-fields.pdf 4 Finance Committee, May 21, 2024; Agenda Item #1; SR# 2402-2664, https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=543c404f-2b05-4cbb-b9df-75ffb768545d 5 City Council, April 21, 2025; Agenda Item #12, SR #2503-4446, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=83366 Item 9 Item 9 Staff Report        Item 9: Staff Report Pg. 3  Packet Pg. 243 of 578  6 2 9 8 this replacement now ensures continued community access, avoids compounding delays, and aligns with broader operational capacity planning. ANALYSIS Item 9 Item 9 Staff Report        Item 9: Staff Report Pg. 4  Packet Pg. 244 of 578  6 2 9 8 To participate under this agreement, staff issued a Request for Quotation to Sourcewell and received a proposal from FieldTurf USA, Inc. on April 2, 2025. During preliminary planning and research for turf replacement projects, staff proactively explored alternative pricing options and obtained informal estimates from vendors outside of cooperative purchasing agreements. These estimates were significantly higher. In addition, feedback from industry professionals, including turf manufacturers and installers, consistently recommended cooperative purchasing agreements as the most cost-effective and transparent procurement method for public agencies, due to reduced rates achieved through economies of scale. Pursuant to Palo Alto Municipal Code section 2.30.360(j), the city is authorized to utilize cooperative purchasing agreements in lieu of conducting its own competitive solicitation. FISCAL/RESOURCE IMPACT The majority of the funding necessary for the actions recommended in this report is available in the FY 2025 Adopted Capital Improvement Program. Additional funding of $961,490 is requested from the Parks Dedication Fund. The increase over the original project budget is primarily due to a revised scope of work. The original estimate did not include full replacement of the shock pad and aggregate base, both of which have deteriorated and must be replaced to ensure field safety and long-term performance. Furthermore, the aggregate base of rock and fines has become unstable and no longer provides adequate drainage. Staff has reviewed the proposal and believes the pricing is reasonable and aligned with current industry standards for a project of this scale and complexity. STAKEHOLDER ENGAGEMENT To ensure a transparent and informed process, staff have proactively engaged a range of stakeholders throughout the planning phase. This has included conducting site visits, researching best practices, and holding discussions with representatives from nearby jurisdictions. Staff extended invitations to members of the Parks and Recreation Commission’s Playing Field Ad Hoc Committee, as well as the former Playing Field and Racquet Court Ad Hoc Committee, to participate in field evaluations and observe turf performance across various installations. Additionally, staff notified user groups of the Stanford Palo Alto Community Playing Fields about the planned replacement project and anticipated construction timeline. The project was also referenced during the April 21, 20256, City Council meeting as part of the 6 City Council, April 21, 2025; Agenda Item #12, SR #2503-4446, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=83366 Item 9 Item 9 Staff Report        Item 9: Staff Report Pg. 5  Packet Pg. 245 of 578  6 2 9 8 broader discussion on the Turf Study contract. The Parks and Recreation Commission has received updates on this maintenance project throughout the year, both through Departmental Reports and during the annual CIP Review presented in the December 2024 and January 2025 meeting agendas. ENVIRONMENTAL REVIEW APPROVED BY: Item 9 Item 9 Staff Report        Item 9: Staff Report Pg. 6  Packet Pg. 246 of 578  City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Public Works Meeting Date: June 9, 2025 Report #:2505-4612 TITLE Approval of Construction Contract No. C25194274 with O’Grady Paving, Inc. in the Amount Not- to-Exceed $1,218,317 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders Up to a Not-to-Exceed Amount of $121,832 for the Fiscal Year 2025 Streets Preventative Maintenance Project; Capital Improvement Program Projects PE-86070 and PO-11001; CEQA Status – Exempt under CEQA Guidelines Section 15301(c) RECOMMENDATION Staff recommends that the City Council: 1. Approve and authorize the City Manager or their designee to execute Construction Contract No. C25194274 with O’Grady Paving, Inc. in the amount not-to-exceed $1,218,317 for the Palo Alto Fiscal Year 2025 Streets Preventive Maintenance Project (Capital Improvement Program Projects PE-86070 and PO-11001) for street maintenance; and 2. Authorize the City Manager or their designee to negotiate and execute one or more change orders to the contract with O’Grady Paving, Inc. for related, additional but unforeseen work that may develop during the project, the total value of which shall not exceed $121,832. BACKGROUND Public Works Engineering Services Division manages construction contracts for concrete repair, preventive maintenance, resurfacing and reconstruction of various city streets annually. In recent years, additional Capital Improvement Program (CIP) projects are being built through the annualized resurfacing contracts due to the complexity of construction and benefit of being included in a larger project. The City uses StreetSaver, the Metropolitan Transportation Commission’s (MTC) pavement management system which is used by almost all Bay Area jurisdictions. The Pavement Condition Index (PCI) is calculated by evaluating a sample pavement section on each block for different ratings variable from mild to severe – including weathering, potholes, trenches, and base Item 10 Item 10 Staff Report        Item 10: Staff Report Pg. 1  Packet Pg. 247 of 578  failures. These pavement distresses are entered into the StreetSaver program and a PCI score is calculated. All staff who evaluated the street conditions and pavement distresses have multiple years of experience and have been trained by MTC. While the PCI score is used to prioritize streets, staff also takes into consideration additional information which includes project coordination with the Utilities Department and planned striping improvements with the Office of Transportation. Additionally, staff coordinates with the Public Works Public Services Division to refresh pavement markings that may have faded as part of the Thermoplastic Lane Marking and Striping project PO-11001. ANALYSIS 1 as part of the street resurfacing program to maintain and improve the condition of Palo Alto’s streets. The $1,218,317 expenditure for this contract includes preventive maintenance of approximately 11.2 lane-miles of public streets (950,000 square feet) with PCI scores averaging 76. This will help maintain and improve the City’s PCI beyond its average of 83 and will address streets whose PCI scores are between 70-85 to slow the rate at which they deteriorate. Preventive maintenance includes base failure repair, crack sealing, slurry seal application, and new thermoplastic striping. The streets included in this contract are listed in Attachment A. The project scope also includes the replacement of approximately 13,940 linear feet of thermoplastic striping and 215 pavement legends in coordination with Public Works Public Services. Solicitation Process On April 3, 2025, an invitation for bids (IFB) for the Fiscal Year 2025 Streets Preventive Maintenance Project was posted online on OpenGov, the City’s eProcurement system, and sent to 3,564 builder’s exchanges and contractors. The bidding period was 21 calendar days. The City received three bids from qualified contractors on April 24, 2025, as listed on the attached Bid Summary in Attachment B. Table 1: Summary of invitation for Bids 1 O’Grady Paving, Inc. Construction Contract for FY25 Streets Preventive Maintenance Project C25194274; https://cityofpaloalto.org/files/assets/public/v/1/public-works/staff-reports-all/2025/ogrady-payving-c25194274- fy25-streets-preventative-maint.pdf Item 10 Item 10 Staff Report        Item 10: Staff Report Pg. 2  Packet Pg. 248 of 578  Table 1: Summary of invitation for Bids Project Bid Name/Number FY25 Streets Preventive Maintenance Project IFB #194274 Number of Bid Packages Downloaded by Contractors 15 Total Days to Respond to Bid 21 Mandatory Pre-Bid Meeting No Number of Bids Received 3 Base Bid Plus Bid Alternate Number 1 Price Range $1,218,317 to $1,416,514 Public Link to Solicitation https://procurement.opengov.com/portal/palo- alto-ca/projects/159345 The apparent low bidder was selected based upon the total of the base bid plus bid alternate number 1. Bids ranged from $1,218,317 to $1,416,514 and from 2% to 16% under the engineer’s estimate. Staff has reviewed the submitted bids and recommends the base bid and bid alternate number 1, submitted by O’Grady Paving Inc., in the amount of $1,218,317, and that O’Grady Paving, Inc. be declared the lowest responsible bidder. The construction contingency amount of $121,832, which equals approximately 10% of the total contract value, is requested for related, additional, but unforeseen work, which may develop during the project, implemented via City-approved Change Order. Staff reviewed other similar projects performed by the lowest responsible bidder, O’Grady Paving, Inc., including projects performed for the City and did not find any significant complaints with their previous work. Staff also checked with the Contractor’s State License Board and confirmed the contractor has an active license on file. FISCAL/RESOURCE IMPACT Funding for this contract is available in the Fiscal Year 2025 Adopted CIP Street Maintenance (PE-86070) and Thermoplastic Lane Marking and Striping (PO-11001) projects. Table 2: Funding Allocation Funding Source Contract Contingency Total Funding PE-86070 $1,128,420 $112,842 $1,241,262 PO-11001 $89,897 $8,990 $98,887 Total $1,218,317 $121,832 $1,340,149 STAKEHOLDER ENGAGEMENT All streets have been coordinated with the City’s Utilities Department and Office of Transportation to minimize the cutting of newly resurfaced streets. Extensive public outreach will be conducted prior and during the construction phase to keep the community informed, Item 10 Item 10 Staff Report        Item 10: Staff Report Pg. 3  Packet Pg. 249 of 578  which includes flyers sent to adjacent residences and businesses. Residents and businesses impacted by the project will be notified via mailer prior to the start of any work detailing where and what type of work is to be expected for the duration of the project. Paving notices will be distributed to impacted parties 7 days and 24 hours prior to the full street closures. The City website will be updated with the digital version of the mailer as well as the latest construction schedule for full street closures. The schedule will be updated as necessary. ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Item 10 Item 10 Staff Report        Item 10: Staff Report Pg. 4  Packet Pg. 250 of 578  Street Name From To 1 Anges Wy Oregon Exp Celia Dr 2 Byron St Colorado Ave END 3 Chabot Ter W. Bayshore Rd END 4 Charleston Ct E. Charleston Rd END 5 Clara Dr Sandra Pl Colorado Ave 6 Clara Dr (Cul-De-Sac) Clara Dr END 7 Diablo Ct Nelson Dr END 8 Elmdale Pl Moreno Ave END 9 Ely Pl Mumford Pl Carleson Ct 10 Fairfield Ct Mackay Dr END 11 Ferne Ave Scripps Ave Mackay Dr 12 Ferne Ct Ferne Ave END 13 Fulton St Palo Alto Ave Everett Ave 14 Grove Ave East Meadow Dr Adobe Creek 15 Grove Ct Grove Ave END 16 Hamilton Ave Middlefield Rd Hale St 17 Hilbar Ln Rhodes Dr Rhodes Dr 18 Janice Wy Greer Rd Greer Rd 19 Kingsley Ave Fulton St Guinda St 20 Kingsley Ave Middlefield Rd Fulton St 21 Kipling St Loma Verde Ave Cowper St 22 Louisa Ct Newell Rd END 23 Maplewood Ave Sutherland Dr Seminole Wy 24 Maplewood Pl Maplewood Ave END 25 Maybell Wy Maybell Ave END 26 Montrose Ave Middlefield Rd Sutherland Dr 27 Moreno Ave Greer END 28 Moreno Ave Louis Rd Greer 29 Nelson Ct Nelson Dr END 30 Nelson Dr E. Charleston Rd Creekside Dr 31 Palo Alto Ave Bryant St Waverley St FY25 Streets Preventive Maintenance Project Street List Item 10 Attachment A - Street List and Map        Item 10: Staff Report Pg. 5  Packet Pg. 251 of 578  32 Ponce Dr Hemlock Ct San Antonio Ave 33 Rinconada Ave Alma St Bryant St 34 Rorke Wy Ames Ave Ames Ave 35 Sandra Pl Colorado Ave Clara Dr 36 Santa Ana St N. California Ave Oregon Ave 37 Scripps Ct Scripps Ave END 38 Seale Ave Fulton St Brett Harte St 39 Stelling Ct Stelling Dr END 40 Stelling Dr David Ave Louis Rd 41 Tulip Ln Greer Rd Greer Rd 42 Warren Wy Louis Rd END Item 10 Attachment A - Street List and Map        Item 10: Staff Report Pg. 6  Packet Pg. 252 of 578  Bryson Avenue Midtown Court Cowper Street Coastland Drive Colorado Avenue Byron Street Middlefield Road Gaspar Court Moreno Avenue Coastland Drive Rosewood D Towle Way Middlefield Road Allen Court Loma Verde Pl rive Ellsworth PlaceSan Carlos Court Wintergreen Way SutterAvenue Sutter Avenue Clara Drive Price Court Stern Avenue Colorado Avenue Randers Ct Ross Road Sycamore Drive Sevyson Ct Stelling Drive Ross Road Churchill Avenue Park Boulevard Park Avenue Escobita Avenue Churchill Avenue Sequoia Avenue Mariposa AvenueCastilleja Avenue Miramonte Avenue Madrono AvenuePortola Avenue Manzanita Avenue Coleridge Avenue Lowell Avenue Alma Street Tennyson Avenue Rinconada Avenue Santa Rita Avenue Park Boulevard Seale Avenue Washington Avenue Santa Rita Avenue WaverleyStree Bryant Street High Street Emerson Street t Waverley Oaks Washington Avenue Bryant Street South Court Waverley Street Nevada Avenue North California Avenue Santa Rita Avenue Ramona Street North California Avenue Marion Avenue Colorado Avenue South Court Cowper Street Anton Court Nevada Avenue Tasso Street Tasso Street Oregon Avenue Marion Pl Webster Street Middlefield Road Ross Road Warren Way El Cajon Way Embarcadero RoadPrimrose Way Iris Way Tulip Lane Tulip Lane Garland Drive Louis Road Greer Road Morton Street Greer Road Hamilton Avenue Hilbar Lane Alannah Ct Edge Rhodes Drive Marshall Drive FieldinMoreno AvenueMarshall Drive Dennis Drive Agnes Way Oregon Avenue Blair Court Santa Ana Street Elsinore Drive Elsinore Court El Cajon Way Greer Road North California Avenue gDrive Colorado Avenue Sycamore Drive Amarillo Avenue VanAukenCir Bruce Drive Colonial LaneMoreno Avenue Celia Drive Burnham Way Greer Road Indian Drive Elmdale Pl C Tanland Drive Moreno Avenue ardinalWay Santa Catalina Street ArrowheadWayAztec Way Chabot Terrace Oregon Avenue Carmel Drive SierraCourt StFrancisDrive wood Drive Edgewood Drive WildwoodLane Ivy Lane East Bayshore Road St Francis Drive Wildwood Lane Laura Lane Sandalwood Ct O'Brine Lane (Private) Quarry Road Homer Avenue Lane 8 West Medical Foundation Way Lane 7 West Lane 7 East Embarcadero Road Encina Avenue El Camino Real Urban Lane Wells Avenue Forest Avenue High Street Emerson Street Channing Avenue Alma Street Alma Street El Camino Real Mitchell Lane Hawthorne Avenue Everett Avenue Lytton Avenue Lane 15 E High Street Alma Street Bryant Street Lane 6 E Lane 11 W Lane 21 High Street Gilman Street Hamilton Avenue University Avenue Bryant Court Lane 30 Florence Street Kipling Street Tasso Street Cowper Street Ruthven Avenue Hawthorne Avenue Lane 33 PaloAltoAvenue Everett Avenue Poe Street Waverley Street Tasso Street Cowper Street Palo Alto Avenue Webster Street Everett Court Lytton Avenue Byron Street Fulton StreetMiddlefield Road Churchill Avenue Lowell Avenue Seale Avenue Tennyson Avenue Melville Avenue Cowper Street Tasso Street Webster Street Byron Street North California Avenue Coleridge Avenue Waverley Street Bryant Street Emerson Street Kellogg Avenue Kingsley Avenue Portal Place Ross Road Oregon Avenue Garland Drive Lane A West Lane B West Lane B East Lane D West Lane 59 East Whitman Court Kellogg AvenueEmbarcadero Road Kingsley Avenue Lincoln Avenue Addison Avenue Lincoln Avenue Forest Avenue Downing Lane Homer Avenue Lane D East Lane 39 Lane 56 Hamilton Avenue Webster Street Waverley Street Kipling Street Bryant Street Ramona Street Addison Avenue Scott Street Byron Street Palo Hale Street Seneca Street Lytton Avenue Guinda Street PaloAltoAvenue Fulton StreetMiddlefield Road Forest Avenue Webster Street Kellogg Avenue Middlefield Road Byron Street Webster Street Cowper Street Tasso Street Cowper Street Addison Avenue Lincoln Avenue Boyce Avenue Forest Avenue Hamilton Avenue Homer Avenue Guinda Street Middlefield Road Channing Avenue AltoAv Chaucer Street Chaucer Street University Avenue Channing Avenue Addison Avenue Lincoln Avenue Regent Pl Guinda Street Lincoln Avenue Fulton Street Melville Avenue Byron Street Kingsley Avenue Melville Avenue Hamilton AvenueHamilton Court Forest Avenue Forest Ct Maple Street Palm Street Somerset Pl Pitman Avenue Fife Avenue Forest Avenue Dana Avenue Lincoln Avenue University Avenue Coleridge Avenue Lowell Avenue Fulton StreetCowper Street Tennyson Avenue Seale Avenue Northampton Drive West Greenwich Pl Middlefield Road Newell Road Guinda Street East Greenwich Pl Southampton Drive Webster Street Kirby Pl Kent Place Tevis Pl Martin Avenue Center Drive Harriet Street Wils o n S t r e e t Cedar Street Harker Avenue Greenwood Avenue Hutchinson Avenue Channing Avenue Hopkins Avenue Embarcadero Road Ashby Drive Dana Avenue Hamilton Avenue Pitman Avenue Southwood Drive West CrescentDrive Center Drive en Arcadia Place Louisa Court Newell Pl Sharon Ct Erstwild Court Walter Hays Drive Walnut Drive Newell Road Parkinson Avenue Pine Street Mark Twain Street Louis Road Barbara Drive Primrose Way Iris Way Embarcadero Road Walter Hays Drive Lois Lane Jordan Pl Lois Lane Heather Lane Bret Harte Street Stanley Way De Soto Drive De Soto Drive Alester Avenue Walter Hays Drive Channing Avenue Iris Way tDrive Dana Avenue Hamilton AvenueNewell RoadKings Lane EdgewoodDrive Island Drive Jefferson Drive JacksonDrive Patricia LaneMadison Way Edgewood Drive Ramona Street Addison AvenueChanning Avenue Waverley Street Tennyson Avenue Seale Avenue Middlefield Road Byron Street Webster Street Marion Avenue Paulsen Ln Community Lane Lane 15 E Green Manor Oregon Expressway Oregon Expressway Emerson Street Lane 20 W Lane 20 E Oregon Expressway University Avenue CalTrain ROW CalTrain ROW Emerson Street Waverley Street Kipling Street Bryant Street Ramona Street Palo Road Lane 1 2 W Lane 5 E Lasuen Street Phillips Road Clara Drive Bellview Dr Everett Avenue Homer Avenue PaloAlto Avenue Community Lane Greenwood Avenue Harker Avenue Parkinson Avenue Byron Street Emerson Street Avery Mall Campus Drive Campus Drive Churchill Mall Aboretum Road Galvez Street Galvez Street Lasuen Street Masters Mall Nelson Mall Nelson Road Palm Drive Alma Street Alma Street Alma Street Hawthorne Avenue Lytton Avenue Sam McDonald Road Sam McDonald Mall This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend abc Microsurfacing - Type II abc Microsurfacing - Type I 0' 929' CITY OF PALO ALTOINCORPORATED CALIFORNIA P a l o A l t oT h e C i t y o f APRIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto icalvil, 2025-02-24 16:13:17FY25 Prevent (\\cc-maps\Encompass\Admin\Personal\icalvil.mdb) Item 10 Attachment A - Street List and Map        Item 10: Staff Report Pg. 7  Packet Pg. 253 of 578  Loma Verde Avenue Midtown Court Gary Court Waverley Street ewood D Campesino Avenue Dymond Ct Martinsen Ct Bryant Street Towle Way Towle Place Wellsbury Ct AvalonCourt FlowersLane Mackall Way Loma Verde Avenue KiplingStreet Cowper Street South Court Waverley Street El Verano Avenue Wellsbury Way La Middlefield Road St Claire Drive Alger Drive Ashton Avenue St Michael Drive St Michael Drive Maureen Avenue Cowper Court Rambow Drive East Meadow Drive Ashton Court Murdoch DriveCowperStreet Murdoch Ct St Michael Court MayCourt Mayview Avenue Middlefield Road Ensign Way Bibbits Drive Gailen CtGailen Avenue Grove Avenue San Antonio Road Commercial Street Industrial Avenue Bibbits Drive East Charleston Road Fabian Way T East Meadow Drive Grove Avenue Christine Drive Corina Way Ross Road Corina Way Louis Road Nathan Way Transport Street Ortega Court East Meadow Drive yneCourt alisman Loma Verde Avenue Allen Court Ross Court Loma Verde Pl Ames Avenue Richardson Court Holly Oak Drive Ames Avenue CorkOakWay Middlefield Road Ames Ct Ames Avenue Ross Road Rorke Way RorkeWay Stone LaneToyon Place Torreya Court Lupine Avenue Thornwood Drive DriftwoodDrive Talisman Drive Arbutus AvenueRoss Road Louis Road Aspen WayEvergreen Drive East Meadow Drive Corporation Way Elwell Court Janice Way East Meadow Circle East Meadow Circle GreerRoad Bayshore Freeway rive Ellsworth PlaceSan Carlos Court Wintergreen Way Sutter Avenue Sutter Avenue Clara Drive Price Court Stern Avenue Colorado Avenue Randers Ct Ross Road Sycamore Drive Sevyson Ct Stelling Drive Ross Road David Avenue MurrayWay Stelling DriveStelling Ct ManchesterCourt Kenneth Drive Thomas Dr ive Greer Road Stockton PlaceVernon TerraceLouis Road Janice Way Thomas DriveKenneth Drive Loma Verde Avenue CliftonCourt ElbridgeWay Clara Drive BautistaCourt Stockton Place Morris Drive Maddux Drive Piers Ct Louis Road Moraga Ct Marshall Drive FieldinMoreno AvenueM gDrive Colorado Avenue Sycamore Drive Bruce Drive Sandra Place Clara Drive Colorado Avenue Greer Road Higgins Place Maddux Drive Genevieve Ct Court David Ct Bayshore Freeway Bayshore Freeway Bayshore Freeway West Bayshore Road East Bayshore Road East Bayshore Road West Bayshore Road East Bayshore Road Bayshore Freeway Bayshore Freeway Fabian Way Bayshore Freeway Bayshore Freeway Grove Ct Clara Drive San Antonio Road Kenneth Drive Fabian Way Middlefield Road Christine Drive Louis Road Quail Dr Quail Dr Paloma Dr Paloma Dr Trinity Ln Heron Wy Feather Ln Stanislaus LnTuolumne Ln Plover Ln Sandpiper Ln Curlew Ln Mallard Ln Egret Ln Klamath Ln Boronda Lane Tahoe Lane Lake Avenue Donner Lane Almanor Lane Fallen Leaf Street Berryessa Street Federation Way This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend abc Microsurfacing - Type II abc Microsurfacing - Type I 0' 604' CITY OF PALO ALTOINCORPORATED CALIFORNIA P a l o A l t oT h e C i t y o f APRIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto icalvil, 2025-02-24 16:27:01FY25 Prevent (\\cc-maps\Encompass\Admin\Personal\icalvil.mdb) Item 10 Attachment A - Street List and Map        Item 10: Staff Report Pg. 8  Packet Pg. 254 of 578  Wallis Ct Donald Drive Encina Grande Drive Cereza Drive Los Robles Avenue Villa Vera Verdosa Drive Campana Drive Solana Drive Georgia Ave Ynigo Way Driscoll Ct ngArthur' Maybell Way Maybell Avenue Frandon Ct Florales Drive Georgia AvenueAmaranta Avenue Amaranta Ct Ki sCourt Terman Drive Baker Avenue Vista Avenue Wisteria Ln Pena Ct Coulombe Drive Cherry Oaks Pl Pomona AvenueArastradero Road Abel Avenue Clemo Avenue Villa Real El Camino Way Curtner Avenue Ventura Avenue Maclane Emerson Street Ventura Ct Park Boulevard Magnolia Dr South El Camino Real Cypress Lane GlenbrookD Fairmede Avenue Arastradero Road Irven Court Los Palos CirLosPalosPl Maybell Avenue Alta Mesa Ave Kelly Way Los Palos Avenue Suzanne Drive Suzanne Drive rive El Camino Real Suzanne Ct Lorabelle Ct McKellar Lane El Camino Way James Road Maclane Second Street Wilkie Way Camino Ct West Meadow Drive Thain Way Barclay Ct Victoria Place Interdale Way West Charleston Road Tennessee Lane Wilkie Way Carolina LaneTennessee Lane Park Boulevard Wilkie Ct Davenport Way Alma Street Roosev Monroe Drive Wilkie Way Whitclem Pl Whitclem DriveDuluth Circle Edlee Avenue Dinah's Court Cesano Court Monroe Drive Miller Avenue Whitclem Wy Whitclem Ct Ferne Avenue Ben Lomond Drive Fairfield Court Ferne Avenue Ponce Drive HemlockCourt Ferne Court Alma Street Monroe Drive San Antonio Road NitaAvenue Ruthelma Avenue Darlington Ct East Charleston Road LundyLane Newberry Ct Park Boulevard George Hood Ln Alma Street elt Circle LinderoDrive Wright Place StarrKingCircle Shasta Drive Mackay Drive Diablo Court Scripps Avenue Scripps Court Nelson Drive Tioga Court Creekside Drive Greenmeadow Way Ben Lomond Drive Parkside Drive Dixon Place Ely Place Dake Avenue Ferne Avenue San Antonio Court (Private) ChristopherCourt CalcaterraPlace Ely Place Ely Place Adobe Place Nelson Court ByronStreet Keats Court Middlefield Road Duncan Place Carlson Court Duncan PlaceMumford Place East Charleston Road San Antonio Road East Meadow Drive Emerson Street Court Bryant Street RooseveltCircle Ramona Street CarlsonCircle Redwood Circle South Leghorn Street Montrose Avenue Maplewood Charleston Ct East Charleston Road Seminole Way Sutherland DriveNelson Drive El Capitan Place Fabian Street Ramona Street Bryant Street Grove Avenue Barron AvenueJosina Avenue Kendall Avenue Tippawingo St Ilima Court Carlitos Ct ElCerrit Paradise Way oRoad Paul Avenue Kendall Avenue Whitsell Avenue Barron Avenue Los Robles Avenue Laguna Way ShaunaLane La Para AvenueSan Jude Avenue El Centro Street Timlott La Jennifer Way Magnolia Dr North La Donna Avenue LosRobles Avenue Rinc Manzana Lane onCircle Crosby Pl Georgia Avenue Hubbartt Drive Willmar Drive Donald Drive La Para Avenue San Jude Avenue Magnolia Drive Military Way Arbol Drive Orme Street Fernando Avenue Matadero Avenue Lambert Avenue El Camino Real Margarita Avenue Matadero Avenue Wilton Avenue Park Boulevard Orinda Street Monroe Drive Silva Avenue Silva Court Miller Court Briarwood Way Driscoll Place Madeline Ct Cerrito Way Jacob's Ct CalTrain ROW CalTrain ROW Lane 66 West Charleston Road Lane 66 La Selva Drive Los Robles Avenue Timlott Ct Vista Villa Lane La Donna Avenue Cass Way Avenue Maplewood Pl Mackay Drive Deodar St Alder Ln Spruce Ln Rickey's Ln Juniper Way Rickey's Wy Rickey's Wy Rickey's Wy Juniper Lane Cashel St Noble St Hettinger Ln Pratt Ln Alma Street Alma Village Lane Alma Village Circle Ryan LaneGene CtBrassinga Ct Cole Ct This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend abc Microsurfacing - Type II abc Microsurfacing - Type I 0' 712' CITY OF PALO ALTOINCORPORATED CALIFORNIA P a l o A l t oT h e C i t y o f APRIL 16 1894 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto icalvil, 2025-02-24 16:24:17FY25 Prevent (\\cc-maps\Encompass\Admin\Personal\icalvil.mdb) Item 10 Attachment A - Street List and Map        Item 10: Staff Report Pg. 9  Packet Pg. 255 of 578  Item Name QTY UNITS Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 MICROSURFACING SEAL TYPE I 30,792 SY 2.79$ 85,910.61$ 3.10$ 95,455.20$ 2.84$ 87,449.28$ 2.30$ 70,821.60$ 2 MICROSURFACING SEAL TYPE II 59,659 SY 2.88$ 171,817.28$ 3.00$ 178,977.00$ 2.60$ 155,113.40$ 2.40$ 143,181.60$ 3 AC BASE REPAIR USING 3/4" MAX MEDIUM WITH 15% RAP 1,283 TONS 310.00$ 397,651.83$ 276.00$ 354,108.00$ 315.00$ 404,145.00$ 298.08$ 382,436.64$ 4 CRACK SEALING 80,334 LF 1.28$ 102,827.33$ 0.90$ 72,300.60$ 1.00$ 80,334.00$ 1.13$ 90,777.42$ 5 INERT RECYCLING SOLIDS 1,283 TONS 10.50$ 13,468.85$ 5.00$ 6,415.00$ 5.30$ 6,799.90$ 5.40$ 6,928.20$ 6 INERT RECYCLING SOLIDS WITH FABRIC 1,283 TONS 4.50$ 5,772.37$ 2.00$ 2,566.00$ 2.10$ 2,694.30$ 2.16$ 2,771.28$ 7 RESET VALVES AND MANHOLES IN BASE REPAIRS (TBD BY ENGINEER)47 EA 820.00$ 38,540.00$ 600.00$ 28,200.00$ 685.00$ 32,195.00$ 648.00$ 30,456.00$ 8 RESET VALVES (TBD BY ENGINEER)87 EA 820.00$ 71,340.00$ 800.00$ 69,600.00$ 915.00$ 79,605.00$ 864.00$ 75,168.00$ 9 RESET MANHOLE (TBD BY ENGINEER)18 EA 1,540.00$ 27,720.00$ 1,200.00$ 21,600.00$ 1,370.00$ 24,660.00$ 1,296.00$ 23,328.00$ 10 REMOVE AND REPLACE BLUE PAVEMENT MARKERS 36 EA 35.00$ 1,260.00$ 27.00$ 972.00$ 26.45$ 952.20$ 27.00$ 972.00$ 11 REMOVE AND REPLACE 12' WIDE SPEED BUMP WITH STRIPING 1 EA 6,000.00$ 6,000.00$ 8,000.00$ 8,000.00$ 8,000.00$ 8,000.00$ 880.20$ 880.20$ 12 THERMOPLASTIC STRIPING, WHITE, 4" WIDE 65 LF 5.00$ 325.00$ 3.30$ 214.50$ 3.15$ 204.75$ 3.24$ 210.60$ 13 THERMOPLASTIC STRIPING, WHITE, 12" WIDE 3,162 LF 10.00$ 31,620.00$ 11.00$ 34,782.00$ 10.60$ 33,517.20$ 10.80$ 34,149.60$ 14 THERMOPLASTIC STRIPING, YELLOW, 4" WIDE 130 LF 6.10$ 793.00$ 3.30$ 429.00$ 3.15$ 409.50$ 3.24$ 421.20$ 15 THERMOPLASTIC STRIPING, YELLOW, 12" WIDE 5,277 LF 10.00$ 52,770.00$ 11.00$ 58,047.00$ 10.60$ 55,936.20$ 10.80$ 56,991.60$ 16 THERMOPLASTIC STRIPING, CALTRANS DETAIL 2 293 LF 5.00$ 1,465.00$ 2.00$ 586.00$ 1.85$ 542.05$ 1.89$ 553.77$ 17 THERMOPLASTIC STRIPING, CALTRANS DETAIL 9 295 LF 5.00$ 1,475.00$ 2.00$ 590.00$ 1.85$ 545.75$ 1.89$ 557.55$ 18 THERMOPLASTIC STRIPING, CALTRANS DETAIL 21 226 LF 6.70$ 1,514.20$ 4.00$ 904.00$ 3.95$ 892.70$ 4.05$ 915.30$ 19 THERMOPLASTIC STRIPING, CALTRANS DETAIL 22 3,089 LF 8.00$ 24,712.00$ 4.40$ 13,591.60$ 4.25$ 13,128.25$ 4.32$ 13,344.48$ 20 THERMOPLASTIC STRIPING, CALTRANS DETAIL 23 100 LF 10.00$ 1,000.00$ 2.20$ 220.00$ 2.10$ 210.00$ 2.16$ 216.00$ 21 THERMOPLASTIC STRIPING, CALTRANS DETAIL 28 65 LF 8.00$ 520.00$ 8.00$ 520.00$ 7.70$ 500.50$ 7.83$ 508.95$ 22 THERMOPLASTIC STRIPING, CALTRANS DETAIL 29 50 LF 14.20$ 710.00$ 9.00$ 450.00$ 8.45$ 422.50$ 8.64$ 432.00$ 23 THERMOPLASTIC STRIPING, CALTRANS DETAIL 36 65 LF 8.00$ 520.00$ 6.00$ 390.00$ 5.30$ 344.50$ 5.40$ 351.00$ 24 THERMOPLASTIC STRIPING, CALTRANS DETAIL 37 40 LF 8.00$ 320.00$ 3.00$ 120.00$ 2.65$ 106.00$ 2.70$ 108.00$ 25 THERMOPLASTIC STRIPING, CALTRANS DETAIL 38 975 LF 8.00$ 7,800.00$ 3.00$ 2,925.00$ 2.70$ 2,632.50$ 2.75$ 2,681.25$ 26 THERMOPLASTIC STRIPING, CALTRANS DETAIL 38A 110 LF 8.00$ 880.00$ 3.00$ 330.00$ 2.65$ 291.50$ 2.70$ 297.00$ 27 THERMOPLASTIC PAVING LEGENDS 215 EA 300.00$ 64,500.00$ 75.00$ 16,125.00$ 74.00$ 15,910.00$ 75.60$ 16,254.00$ 28 ALLOWANCE FOR MISC TRANSPORTATION IMPROVEMENTS 1 LS 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 29 TRAFFIC CONTROL 1 LS 258,300.00$ 258,300.00$ 175,000.00$ 175,000.00$ 307,000.00$ 307,000.00$ 310,202.25$ 310,202.25$ 30 TREE TRIMMING 100 CREW HRS 31,500.00$ 31,500.00$ 330.00$ 33,000.00$ 500.00$ 50,000.00$ 324.00$ 32,400.00$ 31 PUBLIC NOTIFICATION & POSTING 1 LS 13,650.00$ 13,650.00$ 5,000.00$ 5,000.00$ 20,000.00$ 20,000.00$ 12,400.00$ 12,400.00$ 32 UTILITY TIE-OUTS 1 LS 5,040.00$ 5,040.00$ 2,000.00$ 2,000.00$ 2,500.00$ 2,500.00$ 13,500.00$ 13,500.00$ ADD ALTERNATE #1 QTY UNITS 1 VOLCANIC IN ORIGIN BLACK ROCK AGGREGATE 90,451 SY 0.10$ 9,045.11$ 0.22$ 19,899.22$ 0.16$ 14,472.16$ 0.01$ 904.51$ UNDER UNDER UNDER -16% -2% -7% BASE BID ENGINEER'S ESTIMATE O'Grady VSS INTERNATIONAL, INC. PAVEMENT COATINGS CO. PROJECT TOTALS + ADD ALTERNATES 1,445,767.58$ 1,218,317.12$ 1,416,514.14$ 1,340,120.00$ Bid Analysis FY25 Preventive Maintenance Project (IFB 194274) ENGINEER'S ESTIMATE O'Grady PAVEMENT COATINGS CO. VSS INTERNATIONAL, INC. BASE BID TOTAL 1,436,722.47$ 1,198,417.90$ 1,402,041.98$ 1,339,215.49$ Item 10 Attachment B - Bid Summary        Item 10: Staff Report Pg. 10  Packet Pg. 256 of 578  City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Public Works Meeting Date: June 9, 2025 Report #:2504-4519 TITLE Approval of Amendment No. 1 to Contract No. C22183804 With Jacobs Engineering Group, Inc. to Increase the Contract Amount by $150,000 to $1,030,569, to Update the Hourly Rate Schedule, and to Extend the Contract Term to June 30, 2026 for Engineering Services During Construction; Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc. to Increase the Contract Amount by $245,095 to $1,097,595 for Construction Management Services, to add Exhibit C-2 Schedule of Rates, and to Extend the Contract Term to June 30, 2026; and Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc. to Increase the Contract Amount by $397,800 to $15,093,184 for Construction Management Services and to add Exhibit C-2 Schedule of Rates, Funded by Wastewater Treatment Enterprise Fund for the Joint Intercepting Sewer Rehabilitation (Phase 1) Project (WQ-24000); CEQA Status – Exempt under CEQA Guidelines Section 15301 (Repairs to Existing Facilities) RECOMMENDATION Staff recommends that the City Council approve and authorize the City Manager or their designee to execute: 1) Amendment No. 1 to Contract No. C22183804 with Jacobs Engineering Group, Inc. to increase the contract amount by $150,000, to update the hourly rate schedule, and to extend the contract term from January 31, 2025 to June 30, 2026 to provide engineering services during the continuation of construction of the Joint Intercepting Sewer Rehabilitation (Phase 1) Project (WQ-24000). The revised total contract amount is not to exceed $1,030,569, including $909,063 for basic services and $121,506 for additional services; 2) Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc. to increase the contract amount by $245,095, to add Exhibit C-2 Schedule of Rates, and to Extend the Contract Term to June 30, 2026 to continue to provide construction management services for the Joint Intercepting Sewer Rehabilitation (Phase 1) Project (WQ-24000). The revised total contract amount is not to exceed $1,097,595, including $970,095 for basic services and $127,500 for additional services; and Item 11 Item 11 Staff Report        Item 11: Staff Report Pg. 1  Packet Pg. 257 of 578  3)Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc. to increase the contract amount by $397,800 and add Exhibit C-2 Schedule of Rates to provide construction management services for the Joint Intercepting Sewer Rehabilitation (Phase 1) Project (WQ-24000). The revised total contract amount is not to exceed $15,093,184 including $13,558,923 for basic services and $1,534,261 for additional services. EXECUTIVE SUMMARY The Joint Intercepting Sewer Rehabilitation Phase 1 Project (Project) will install a structural liner within a critical 72-inch diameter sewer pipe that transports wastewater to the Regional Water Quality Control Plant. The new liner will prevent a potential collapse of the concrete pipe and extend the life of the sewer pipe by 25 to 50 years. Construction began in 2024 and has been delayed due to unforeseen site conditions and contractor-related issues. As a result, the anticipated completion date has been extended from September 30, 2024, to September 30, 2025. The current authorized contract amounts and durations for engineering services and construction management are insufficient to support the extended timeline and complete the Project. Staff recommends Council approval of amendments to existing contracts to increase the contract amounts and to extend the contract terms, ensuring continued oversight of the construction work through Fiscal Years 2025 and 2026. BACKGROUND The Regional Water Quality Control Plant (RWQCP) owns and maintains a 72-inch diameter Joint Intercepting Sewer, which conveys raw sewage from Mountain View, Los Altos, Los Altos Hills, and a portion of Palo Alto. Attachment A provides a site map illustrating the Project location. There are other sewers leading to the RWQCP that are maintained by the Utilities Department, Stanford University, and the East Palo Alto Sanitary District. On June 21, 2021, City Council approved five separate contracts (Contract Nos. C21179265A through C21179265E) with five firms, including Carollo Engineers, Inc. and Tanner Pacific, Inc. to provide on-call construction management and inspection services for various capital projects at the RWQCP.1 City Council awarded the design contract for the Project to Jacobs Engineering Group, Inc. on May 16, 2022, and the design was completed in August 2023.2 On December 11, 2023, City Council approved a funding agreement with partners, construction contract with SAK 1 City Council, June 21, 2021; SR #12324 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=81537 2 City Council, May 16, 2022; Consent Item #7; SR #14164, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=81838 Item 11 Item 11 Staff Report        Item 11: Staff Report Pg. 2  Packet Pg. 258 of 578  Construction, LLC., and an amendment to the construction management services contract with Tanner Pacific, Inc. to provide construction management and inspection services. Extensive Project details are available in the December 11, 2023 report.3 The anticipated Project construction end date was September 30, 2024. The Project was delayed by the contractor and by unforeseen site conditions that resulted in the need to extend the construction substantial completion date to September 30, 2025. ANALYSIS The Project encountered delays early in the construction due to the contractor’s failure to submit required construction document submittals in accordance with the baseline schedule and by unforeseen site conditions. The late submittals prevented timely review and approval by the Engineer of Record (Jacobs Engineering), delaying the start of several key construction activities and disrupting the planned sequence of work. In parallel, unforeseen site conditions— such as unanticipated subsurface obstructions—required additional investigation, coordination, and adjustments to construction methods, further contributing to the delay. The contractor attempted to recover the schedule through overtime work and resequencing of activities. However, a late-stage change to their bypass pumping system approach, combined with the earlier delays, left insufficient time to complete all critical contractual work—including installation of the pipe liner—within the 2024 dry season window. Due to environmental and operational constraints, work that involves bypassing sewer flows must be confined to the dry season, when wet-weather flows are minimal and more easily managed. These seasonal limitations significantly restrict when construction can safely and effectively proceed. City Response and Schedule Adjustment On September 13, 2024, the contractor formally requested to continue work into the wetter fall months. The City denied the request due to bypass pumping system limitations in handling wet weather flows. This resulted in deferral of the remaining work to the 2025 dry season. The contractual substantial completion date was extended from September 30, 2024 to September 30, 2025, with no cost increase. Work completed by early October 2024 was properly secured, and the western Byxbee Park trail was restored and reopened to the public on November 2, 2024. In March 2025, the contractor reclosed the trail and resumed the sewer bypass system installation to continue with the repairs. Site and trail restoration is expected in September 2025. The trail is scheduled to reopen by November 30, 2025. To mitigate such issues going 3 City Council, December 11, 2023; Consent Item #2; SR #2308-1879, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82522 Item 11 Item 11 Staff Report        Item 11: Staff Report Pg. 3  Packet Pg. 259 of 578  forward, staff has implemented more frequent construction schedule reviews and increased coordination with consultants and contractors to strengthen oversight and accountability. Table 1: Contract Amendments Consultant Contract No.Amend- ment No.Description Increased Amount Revised Total Contract Amount FISCAL/RESOURCE IMPACT Item 11 Item 11 Staff Report        Item 11: Staff Report Pg. 4  Packet Pg. 260 of 578  with Mountain View, Los Altos, Los Altos Hills, and Palo Alto. The issues with the project were discussed with the partners in the November 2024 partners meeting, including the cost increase and the need for amendments to the funding agreements which, for efficiency, will be bundled with a future partner amendment in the Fall of 2025. Stanford and East Palo Alto Sanitary District do not have any direct share of the pipeline relining project. Palo Alto’s share of the Project is 18.24% of the total expense, as shown in Table 2. Table 2: Cost Share Item Unit Mountain View Palo Alto Los Altos Los Altos Hills Total Table 3: Not-to-Exceed Cost for Partners Partner Agency Total Cost, Based on Construction Bid and Construction Manager's Proposed Fee Schedule Pre- 2024 Total Additional Needed Total Cost, Updated in 2025 Due to Construction Delay and the Need for Additional Services Total, Not-to-Exceed:$8,934,970 $792,895 $9,727,865 Item 11 Item 11 Staff Report        Item 11: Staff Report Pg. 5  Packet Pg. 261 of 578  STAKEHOLDER ENGAGEMENT This Project is part of the RWQCP’s major capital improvement program funded by the City of Palo Alto and its five partners. The five partner agencies are regularly consulted regarding both the need for and the progress of wastewater treatment capital work. With respect to Palo Alto itself, the open meetings on the budget process serve as the main vehicle for engaging the community on both new projects such as this and associated rate impacts. In addition, staff has coordinated with the Community Services Department and other Public Works Department staff to coordinate construction activities, bypass pumping, access, and trail detours in parkland and at the closed landfill. Before the start of construction, staff presented the Project to the City’s Parks and Recreation Commission on February 28, 2023.2 Recommendations received from the commissioners were incorporated into the Project’s contract documents. On February 25, 2025, staff updated the Parks and Recreation Commission on the construction progress and explained the need to close the trail on the western edge of Byxbee Park to isolate the construction area and to protect the public.3 ENVIRONMENTAL REVIEW The construction of this Project has been determined to be exempt from CEQA under CEQA Guidelines Section 15301, subsection (b) as it involves the repair and maintenance of an existing publicly-owned utility used to provide sewerage treatment services with no expansion on the existing facility. A Notice of Exemption was submitted to and recorded by the State Clearing House and Santa Clara County Clerk-Recorder’s Office on August 7, 2023 (File No. ENV24700). ATTACHMENTS Attachment A: Site Map Showing the Pipe Alignment and Project Phases Attachment B: Partner Agencies Cost Share Summary Attachment C: Amendment No. 1 to Contract No. C22183804 with Jacobs Engineering Group, Inc. Attachment D: Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc. Attachment E: Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc. APPROVED BY: Brad Eggleston, Director Public Works/City Engineer 2 Parks and Recreation Commission, February 28, 2023; Agenda Item #4; https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=7030 3 Parks and Recreation Commission, February 25, 2025; Business Item #3; SR #2502-4115; https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=7056 Item 11 Item 11 Staff Report        Item 11: Staff Report Pg. 6  Packet Pg. 262 of 578  Le g e n d ±Condition Assessment Figure E x p o r t e d : 7 / 2 9 / 2 0 2 0 B y : k b r a d l e y U s i n g : \ \ w o o d a r d c u r r a n . n e t \ s h a r e d \ P r o j e c t s \ R M C \ S J \ 0 3 8 - 0 1 4 P a l o A l t o R W Q C P P r o g r a m M a n a g e m e n t \ B . P r o g r a m M a n a g e m e n t \ 7 . O t h e r P r o j e c t s \ 7 2 I n c h C o n d A s s e m t \ C A \ M a p s \ P a l o A l t o _ 7 2 I n c h . m x d Project #: 0038014.01Map Created: July 202000.1 0.20.05 Miles Third Party GIS Disclaim er: This m ap is for reference and graphical purposes only and should not be relied upon by third parties for any legal decisions. Any reliance upon the m ap or data contained herein shall be at the users’ sole risk . Data Sources: !Manholes and Structures Future Phase 1 REGIONAL WATER QUALITY CONTROL PLANT REGIONAL WATER QUALITY CONTROL PLANT FLOWFLOW FIGURE 7: RECOMMENDED PROJECT PRIORITIZATION 21 Palo AltoTrunk Sewer Trunk Sewer Interceptor Attachment A: SITE MAP This Project Item 11 Attachment A - Site Map Showing the Pipe Alignment and Project Phases        Item 11: Staff Report Pg. 7  Packet Pg. 263 of 578  Agency Fixed Cost Share % Original Fixed Cost Additional Construction  Management Due to  Construction Delay  Additional Engineering Services During Construction  Total Additional  Needed FY 26 City of Mountain View 62.50%$4,398,734 $316,501 $93,750 $410,251 City of Palo Alto 18.24%$1,283,727 $92,368 $27,360 $119,728 City of Los Altos 15.00%$1,055,696 $75,960 $22,500 $98,460 Town of Los Altos Hills 4.26%$299,818 $21,573 $6,390 $27,963 Subtotal: 100.00%$7,037,975 $506,401 $150,000 $656,401 Agency Estimated Cost Share %*Estimated Cost Additional Construction  Management Due to  Construction Delay  Additional Engineering Services During Construction Total Additional  Needed FY 26 City of Mountain View 40.11%$760,885 $54,748 $0 $54,748 City of Palo Alto 34.97%$663,379 $47,732 $0 $47,732 City of Los Altos 10.88%$206,393 $14,851 $0 $14,851 Town of Los Altos Hills 2.04%$38,699 $2,784 $0 $2,784 East Palo Alto Sanitary District 5.53%$104,904 $7,548 $0 $7,548 Stanford University 6.47%$122,736 $8,831 $0 $8,831 Subtotal: 100.00%$1,896,995 $136,494 $0 $136,494 Agency  Total Cost, Based on Construction Bid  and Construction Manager's  Proposed Fee Schedule Pre-2024 Total Additional Needed FY-26 Total Cost, Updated in 2025 Due to Construction Delay and the Need for Additional Services City of Mountain View $5,159,619 $464,998 $5,624,617 City of Palo Alto $1,947,106 $167,459 $2,114,565 City of Los Altos $1,262,089 $113,311 $1,375,400 Town of Los Altos Hills $338,516 $30,747 $369,264 East Palo Alto Sanitary District $104,904 $7,548 $112,452 Stanford University $122,736 $8,831 $131,567 Total, Not‐to‐Exceed:$8,934,970 $792,895 $9,727,865 Table B‐1. Project Cost during Construction (Less Bypass Pumping inside the Plant)  Table B‐2. Project Cost for Bypass Pumping inside the Plant   *Estimate only (actual cost share will be determined after project completion based on wastewater flows and strength contributed by each partner in 2024). Table B‐3. Not‐to‐Exceed Cost for Partners (Sum of Table B‐1 and B‐2) Attachment B - Partner Agencies Cost Share Summary Item 11 Attachment B - Partner Agencies Cost Share Summary        Item 11: Staff Report Pg. 8  Packet Pg. 264 of 578  Vers.: Aug. 5, 2019 Page 1 of 9 AMENDMENT NO. 1 TO CONTRACT NO. C22183804 BETWEEN THE CITY OF PALO ALTO AND JACOBS ENGINEERING GROUP, INC. This Amendment No. 1 (this “Amendment”) to Contract No. C22183804 (the “Contract” as defined below) is entered into as of June 9, 2025, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and JACOBS ENGINEERING GROUP, INC., a Delaware corporation, located at 1999 Bryan Street, Dallas, TX 75201 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment. R E C I T A L S A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of professional design services for the Joint Intercepting Sewer Rehabilitation Phase 1 Project, as detailed therein. B. The Parties now wish to amend the Contract in order to extend the term through June 30, 2026, update the Hourly Rate Schedule Exhibit C-1, and increase the total not-to-exceed compensation by One Hundred Fifty Thousand Dollars ($150,000) from Eight Hundred Eighty Thousand Five Hundred Sixty-Nine Dollars ($880,569) to One Million Thirty Thousand Five Hundred Sixty-Nine Dollars ($1,030,569), as detailed herein. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term “Contract” shall mean Contract No. C22183804 between CONSULTANT and CITY, dated May 16, 2022. b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 2 “TERM” of the Contract is hereby amended to read as follows: “The term of this Agreement shall be from the date of its full execution through June 30, 2026 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.” SECTION 3. Section 4 “NOT TO EXCEED COMPENSATION” of the Contract is hereby amended to read as follows: “The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Docusign Envelope ID: CEE18CD3-BB90-4745-9707-442ACE7DA95A Item 11 Attachment C - Amendment No. 1 to Contract No. C22183804 with Jacobs Engineering Group, Inc.        Item 11: Staff Report Pg. 9  Packet Pg. 265 of 578  Vers.: Aug. 5, 2019 Page 2 of 9 Nine Hundred Nine Thousand Sixty-Four Dollars ($909,064). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY. Optional Additional Services Provision (This provision applies only if checked and a not- to-exceed compensation amount for Additional Services is allocated below under this Section 4.) In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of One Hundred Twenty-One Thousand Five Hundred Five Dollars ($121,505) for the performance of Additional Services (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed One Million Thirty Thousand Five Hundred Sixty-Nine Dollars ($1,030,569), as detailed in Exhibit C. “Additional Services” means 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 at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.” SECTION 4. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference: Docusign Envelope ID: CEE18CD3-BB90-4745-9707-442ACE7DA95A Item 11 Attachment C - Amendment No. 1 to Contract No. C22183804 with Jacobs Engineering Group, Inc.        Item 11: Staff Report Pg. 10  Packet Pg. 266 of 578  Vers.: Aug. 5, 2019 Page 3 of 9 a. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO.1”, AMENDED, REPLACES PREVIOUS. b. Exhibit “C” entitled “COMPENSATION, AMENDMENT NO.1”, AMENDED, REPLACES PREVIOUS. c. Exhibit “C-1” entitled “SCHEDULE OF RATES, AMENDMENT NO.1”, AMENDED, REPLACES PREVIOUS. SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) Docusign Envelope ID: CEE18CD3-BB90-4745-9707-442ACE7DA95A Item 11 Attachment C - Amendment No. 1 to Contract No. C22183804 with Jacobs Engineering Group, Inc.        Item 11: Staff Report Pg. 11  Packet Pg. 267 of 578  Vers.: Aug. 5, 2019 Page 4 of 9 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective February 1, 2025 for continuity of services.. CITY OF PALO ALTO ____________________________ City Manager APPROVED AS TO FORM: ____________________________ City Attorney or designee JACOBS ENGINEERING GROUP, INC. Officer 1 By:__________________________ Name:_______________________ Title:________________________ Attachments: EXHIBIT B: SCHEDULE OF PERFORMANCE, AMENDMENT NO.1, AMENDED, REPLACES PREVIOUS EXHIBIT C: COMPENSATION, AMENDMENT NO.1, AMENDED, REPLACES PREVIOUS EXHIBIT C-1: SCHEDULE OF RATES, AMENDMENT NO.1, AMENDED, REPLACES PREVIOUS Docusign Envelope ID: CEE18CD3-BB90-4745-9707-442ACE7DA95A Vice President Scott O. Jones, Vice President Item 11 Attachment C - Amendment No. 1 to Contract No. C22183804 with Jacobs Engineering Group, Inc.        Item 11: Staff Report Pg. 12  Packet Pg. 268 of 578  Vers.: Aug. 5, 2019 Page 5 of 9 EXHIBIT B SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1 (AMENDED, REPLACES PREVIOUS) CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY. Milestones Number of Days/Weeks (as specified below) 1. Project Management 214 2. Preliminary Design Report 22 3. Field Investigations and Research 17 4. CEQA Support 41 5. Design Documents 60 6. Service During Bidding 71 7. Service During Construction 214 8. JB0 to JB1 Rehabilitation 175 Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.) The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement. Docusign Envelope ID: CEE18CD3-BB90-4745-9707-442ACE7DA95A Item 11 Attachment C - Amendment No. 1 to Contract No. C22183804 with Jacobs Engineering Group, Inc.        Item 11: Staff Report Pg. 13  Packet Pg. 269 of 578  Vers.: Aug. 5, 2019 Page 6 of 9 EXHIBIT C COMPENSATION, AMENDMENT NO. 1 (AMENDED, REPLACES PREVIOUS) CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below. CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement. CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY. BUDGET SCHEDULE TASK NOT TO EXCEED AMOUNT (Optional Services: 8.1 JIS Rehabilitation, JB0 to JB1 Rehabilitation, $839,607 Total for Services and Reimbursable Expenses $909,064 Docusign Envelope ID: CEE18CD3-BB90-4745-9707-442ACE7DA95A Item 11 Attachment C - Amendment No. 1 to Contract No. C22183804 with Jacobs Engineering Group, Inc.        Item 11: Staff Report Pg. 14  Packet Pg. 270 of 578  Vers.: Aug. 5, 2019 Page 7 of 9 TASK NOT TO EXCEED AMOUNT Maximum Total Compensation $1,030,569 REIMBURSABLE EXPENSES CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder. Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are travel, printing, and courier services up to the not-to-exceed amount of $69,457. A. Travel outside the San Francisco Bay Area, including transportation and meals, if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost. All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information. Docusign Envelope ID: CEE18CD3-BB90-4745-9707-442ACE7DA95A Item 11 Attachment C - Amendment No. 1 to Contract No. C22183804 with Jacobs Engineering Group, Inc.        Item 11: Staff Report Pg. 15  Packet Pg. 271 of 578  Vers.: Aug. 5, 2019 Page 8 of 9 EXHIBIT C-1 SCHEDULE OF RATES, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS) CONSULTANT’s schedule of rates is as follows: Staff Classification 2022 Hourly Billing (2)(3) Hourly Billing (2)(3) Hourly Billing (2)(3) Hourly Billing (2)(3) Hourly Billing (2)(3) Principal-in-Charge $330.00 $339.90 $350.10 $360.60 $371.42 Principal Project Manager $310.00 $319.30 $328.88 $338.75 $348.91 Senior Project Manager $280.00 $288.40 $297.05 $305.96 $315.14 Project Manager $245.00 $252.35 $259.92 $267.72 $275.75 Principal Technologist/Engineer $300.00 $309.00 $318.27 $327.82 $337.65 Senior Technologist/Engineer II $275.00 $283.25 $291.75 $300.50 $309.51 Senior Technologist/Engineer I $250.00 $257.50 $265.23 $273.18 $281.38 Technologist/Project Engineer II $230.00 $236.90 $244.01 $251.33 $258.87 Technologist/Project Engineer I $205.00 $211.15 $217.48 $224.01 $230.73 Engineer/Professional II $190.00 $195.70 $201.57 $207.62 $213.85 Engineer/Professional I $175.00 $180.25 $185.66 $191.23 $196.96 Junior Engineer/Professional $160.00 $164.80 $169.74 $174.84 $180.08 Engineering Technician III $200.00 $206.00 $212.18 $218.55 $225.10 Engineering Technician II $160.00 $164.80 $169.74 $174.84 $180.08 Engineering Technician I $130.00 $133.90 $137.92 $142.05 $146.32 Project Controls $150.00 $154.50 $159.14 $163.91 $168.83 Document Production/Technical Docusign Envelope ID: CEE18CD3-BB90-4745-9707-442ACE7DA95A Item 11 Attachment C - Amendment No. 1 to Contract No. C22183804 with Jacobs Engineering Group, Inc.        Item 11: Staff Report Pg. 16  Packet Pg. 272 of 578  Vers.: Aug. 5, 2019 Page 9 of 9 Notes: (1) These rates are effective through December.31st of each year and subject to escalation at 3 percent annually starting on January 1st of each following year. (2) A 5% markup will be applied to sub-consultant rates. (3) Billing rates are fully burdened and include overhead, fringe, markups and profit. (4) An additional premium of 25% will be added to the above rates for Expert Witness and Testimony Services. Reimbursable Expenses Include: • Travel for staff from outside of San Francisco Bay Area (9 Bay Area Counties) inclusive of transportation, airplane tickets and fees, car rental, gas, toll, cab, mileage, meals, lodging, and incidentals. • Outside Reprographics/Printing Services. • Courier shipping charges to City of Palo Alto. Docusign Envelope ID: CEE18CD3-BB90-4745-9707-442ACE7DA95A Item 11 Attachment C - Amendment No. 1 to Contract No. C22183804 with Jacobs Engineering Group, Inc.        Item 11: Staff Report Pg. 17  Packet Pg. 273 of 578  Page 1 of 20 Vers.: Aug. 5, 2019 AMENDMENT NO. 2 TO CONTRACT NO. C21179265E BETWEEN THE CITY OF PALO ALTO AND TANNER PACIFIC, INC. This Amendment No. 2 (this “Amendment”) to Contract No. C21179265E (the “Contract” as defined below) is entered into as of June 9, 2025, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and TANNER PACIFIC, INC., a corporation, located at 274 Redwood Shores Parkway, Suite 607, Redwood City, CA 94065 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment. R E C I T A L S A. The Contract (as defined below) was entered into by and between the Parties to provide construction management and inspection services on an on-call, as-needed, time-limited basis in connection with individual projects or inspection tasks at the Regional Water Quality Control Plant (RWQCP), as detailed therein. B. The Parties entered into Amendment No. 1 to add Task Order No. 1 services (referred to as Work Order No. 4) for construction management of the Joint Intercepting Sewer Rehabilitation Phase 1 Project, and to increase compensation by Eight Hundred Fifty- Two Thousand Four Hundred Ninety-Nine Dollars ($852,499.00), from One Dollar ($1.00) to Eight Hundred Fifty-Two Thousand Five Hundred Dollars ($852,500.00), as detailed therein. C. The Parties now wish to amend the Contract in order to (1) extend the contract term through June 30, 2026, and to increase compensation by Two Hundred Forty-Five Thousand Ninety-Five Dollars ($245,095.00), from Eight Hundred Fifty-Two Thousand Five Hundred Dollars ($852,500.00) to One Million Ninety-Seven Thousand Five Hundred Ninety-Five Dollars ($1,097,595.00); and (3) to add Exhibit C-2 Schedule of Rates, as detailed herein. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term “Contract” shall mean Contract No. C21179265E between CONSULTANT and CITY, dated June 21, 2021, as amended by: Amendment No. 1, dated December 11, 2023 Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11 Attachment D - Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc.        Item 11: Staff Report Pg. 18  Packet Pg. 274 of 578  Page 2 of 20 Vers.: Aug. 5, 2019 b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 4 “NOT TO EXCEED COMPENSATION” of the Contract is hereby amended to read as follows: “The CITY is engaging multiple consultants, including CONSULTANT, that are eligible to respond with proposals to the CITY’s project-specific Task Orders under the process described in Exhibit A. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed One Dollar ($1), unless CITY selects CONSULTANT, according to the process in Exhibit A, to perform services under a Task Order not to exceed One Million Ninety-Seven Thousand Five Hundred Ninety-Five Dollars ($1,097,595.00) over the term of the Agreement. No pre-qualified consultant, including the CONSULTANT under this Agreement, is guaranteed selection or assured of any minimum quantity of work to be performed. In the event CONSULTANT is not selected to provide Services under a Task Order, no payment is due from CITY. The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” and Exhibit C-2, entitled “SCHEDULE OF RATES, AMENDMENT NO. 2. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY. A. The City has selected CONSULTANT to perform Work Order #4, for construction management of the Joint Intercepting Sewer Rehabilitation Phase 1 Project, in the amount not to exceed Nine Hundred Seventy Thousand Ninety-Five Dollars ($970,095.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses shall not exceed One Million Ninety-Seven Thousand Five Hundred Ninety-Five Dollars ($1,097,595.00). Optional Additional Services Provision (This provision applies only if checked and a not- to-exceed compensation amount for Additional Services is allocated below under this Section 4.) In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of One Hundred Twenty-Seven Thousand Five Hundred Dollars ($127,500.00) for the performance of Additional Services for Work Order 4 (as defined below). The total compensation for performance of the Basic Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed One Million Ninety-Seven Thousand Five Hundred Ninety-Five Dollars ($1,097,595.00). Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11 Attachment D - Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc.        Item 11: Staff Report Pg. 19  Packet Pg. 275 of 578  Page 3 of 20 Vers.: Aug. 5, 2019 “Additional Services” means 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 a Task Order issued under Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.” SECTION 3. The following exhibit(s) to the Contract are hereby amended, as indicated below, to read as set forth in the attachment(s) to this Amendment, which are hereby incorporated in full into this Amendment and into the Contract by this reference: a. Exhibit “A-2” entitled “PROFESSIONAL SERVICES TASK ORDER NO. 1, AMENDMENT NO. 2” (AMENDED, REPLACES PREVIOUS). b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 2” (AMENDED, REPLACES PREVIOUS) c. Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 2,” (AMENDED, REPLACES PREVIOUS). d. Exhibit “C-2” entitled “SCHEDULE OF RATES, AMENDMENT NO. 2” (ADDED) . Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11 Attachment D - Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc.        Item 11: Staff Report Pg. 20  Packet Pg. 276 of 578  Page 4 of 20 Vers.: Aug. 5, 2019 SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 5. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11 Attachment D - Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc.        Item 11: Staff Report Pg. 21  Packet Pg. 277 of 578  Page 5 of 20 Vers.: Aug. 5, 2019 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO ______________________________ City Manager or Designee APPROVED AS TO FORM: ______________________________ City Attorney or Designee TANNER PACIFIC, INC. Officer 1 By:______________________________ Name:___________________________ Title:____________________________ Officer 2 By:______________________________ Name:___________________________ Attachments: Exhibit “A-2”: PROFESSIONAL SERVICES TASK ORDER NO. 1, AMENDMENT NO. 2 (AMENDED, REPLACES PREVIOUS) Exhibit “B”: SCHEDULE OF PERFORMANCE, AMENDMENT NO. 2 (AMENDED, REPLACES PREVIOUS) Exhibit “C”: COMPENSATION, AMENDMENT NO. 2 (AMENDED, REPLACES PREVIOUS) Exhibit “C-2”: SCHEDULE OF RATES, AMENDMENT NO. 2 (ADDED) Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 President/CEO William Tanner Accounting Manager Kathryn Tanner Item 11 Attachment D - Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc.        Item 11: Staff Report Pg. 22  Packet Pg. 278 of 578  Page 6 of 20 Vers.: Aug. 5, 2019 EXHIBIT “A-2” PROFESSIONAL SERVICES TASK ORDER NO. 1, AMENDMENT NO. 2 (AMENDED, REPLACES PREVIOUS) CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. C21179265E 1A. MASTER AGREEMENT NO.: C21179265E 1B. TASK ORDER NO 1: Work Order No. 4 for Construction Management of the Joint Intercepting Sewer Rehabilitation Phase 1 Project 2. CONSULTANT NAME: Tanner, Pacific, Inc.. 3. PERIOD OF PERFORMANCE: START: Immediately Once Notice to Proceed (NTP) is Issued; COMPLETION: On or before June 30, 2026 4 TOTAL TASK ORDER NO. 1 PRICE: $970,095 BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT: $0 5. WBS/CIP: WQ-24000-080 6. CITY PROJECT MANAGER: Siew Ching Chin, Public Works Department, Environmental Services Division, RWQCP 7. DESCRIPTION OF SCOPE OF SERVICES MUST INCLUDE:  Services and Deliverables to Be Provided  Schedule of Performance  Maximum Compensation Amount and Rate Schedule (As Applicable)  Reimbursable Expenses, If Any (With “Not to Exceed” Amount) 8. ATTACHMENTS: Task Order No. 1 Scope of Services, including Schedule of Performance and Compensation Schedule TASK ORDER NO.1 SCOPE OF SERVICES (REVISED WITH AMENDMENT NO. 2) WORK ORDER NO. 4: CONSTRUCTION MANAGEMENT OF THE JOINT INTERCEPTING SEWER REHABILITATION PHASE 1 PROJECT Task 1: General Requirements/ Project Management 1. For any work which requires licensing, the CONSULTANT shall be appropriately Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11 Attachment D - Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc.        Item 11: Staff Report Pg. 23  Packet Pg. 279 of 578  Page 7 of 20 Vers.: Aug. 5, 2019 licensed in accordance with the laws of the State of California. The cost for any required licenses or training shall be the responsibility of the CONSULTANT and shall not be expensed as part of this contract. 2. Special requirements: a. Project Manager shall have a minimum of 15 years of relevant construction management experience. b. Resident Engineer shall have a minimum of 5 years of construction management, cured-in-place pipe (CIPP), and confined space entry experience. c. Staff’s related construction experience (years and projects) shall include: i. Minimum 5 years of demonstrated experience in large diameter pipeline rehabilitation projects using CIPP lining, coordinating wastewater treatment facility process shutdowns, and overseeing high-volume bypass operations. NASSCO CIPP lining inspector certification is required. Municipal wastewater treatment operations experience is a bonus. ii. Minimum 5 years of demonstrated experience in inspection of concrete repairs, surface preparations and coating applications. iii. Minimum 5 years of demonstrated experience in inspection of high- density polyethylene (HDPE) pipe fusion and installation. d. During construction when there is a need to replace the proposed personnel, CONSULTANT shall submit the associated resume and minimum two references (names, agencies, email addresses, and phone numbers) for each of their proposed Project Manager, Resident Engineer, and specialty inspectors for HDPE pipe fusion and CIPP lining for City Project Manager’s review and approval. 3. CONSULTANT shall prepare and submit to the City a Project Management Plan to include schedule; budget; spending projection and staffing level for each month for the duration of the contract term; personnel roles and construction management procedures. CONSULTANT shall provide all necessary administration, project controls, quality assurance and professional oversight to ensure that: a. the project remains on schedule, within budget, ensures continuity of information, and satisfies the requirements of the CONTRACT. b. the construction project is progressing per construction contract’s requirements. 4. At the beginning of each month, CONSULTANT shall prepare and submit to the City Project Manager a monthly invoice package. The City prefers processing CONSULTANT pay requests that cover one calendar month. Invoices of two different fiscal years (e.g., June 2024 and July 2024) shall not be combined. Monthly invoice packages shall include the cost incurred during previous month including subconsultant cost and expenses, and a progress report documenting progress. The report shall include the progress by each task, the budget status (authorized Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11 Attachment D - Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc.        Item 11: Staff Report Pg. 24  Packet Pg. 280 of 578  Page 8 of 20 Vers.: Aug. 5, 2019 amount, current billing, billed to date, previously billed, amount remaining, and percent spent), outstanding issues, potential changes, project schedule and schedule impacts. CONSULTANT shall identify and mitigate potential budget overruns; and notify CITY Project Manager as soon as the potential overrun is identified. Task 2: Preconstruction Phase 1. Administration a. CONSULTANT shall propose a project administration procedure, including an online document management/ tracking system, for CITY approval. The administration procedure will detail how the CONSULTANT will track, store, distribute, and manage digital and hardcopy correspondence and project documentation and strategy for managing project communications. b. CONSULTANT shall establish and maintain a health and safety plan specific for CONSULTANT’s staff and subconsultants. Include confined space training certificates, as applicable. Submit a copy for City’s record. During construction activities, CONSULTANT shall follow CONTRACTOR(S)’s health and safety plan(s), if it is more stringent. 2. Field Office Setup a. CONSULTANT shall organize the hardcopy and digital files for the project prior to commencement of construction and coordinate with the CITY and CONTRACTOR for office space set-up. b. CITY will designate a location for the office space and provide utility connection points. 3. Preconstruction Activities a. Site Walk Observations and Documentation i. CONSULTANT shall conduct preconstruction inspections, documenting conditions in a log and providing digital photographs and video(s). b. Preconstruction Submittals i. CONSULTANT shall develop a list of CONTRACTOR pre-construction submittals. ii. CONSULTANT shall review CONTRACTOR’s pre-construction submittals, schedule of values, request for substitution (if any), and preliminary schedule. Task 3: Construction Phase 1. Construction Administration a. Project Coordination i. CONSULTANT shall act as the project coordinator and the point of contact for all communications with the CONTRACTOR. The Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11 Attachment D - Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc.        Item 11: Staff Report Pg. 25  Packet Pg. 281 of 578  Page 9 of 20 Vers.: Aug. 5, 2019 CONSULTANT shall coordinate construction activities with the CITY, ENGINEER, and CONTRACTOR. CONSULTANT’s responsibilities include conduct meetings with the ENGINEER to review progress, coordinate evaluations and identify information needs; disseminate information to the design team; manage the project budget; manage the project schedule; manage sub-consultants; manage QA / QC team; Coordinate communications with other ongoing projects’ construction managers to facilitate the construction of ongoing projects and continuous Plant operations. ii. CONSULTANT shall provide a contact phone number to respond to issues related to construction activity or coordination, 24 hours a day, 7 days a week. b. Document Tracking System: CONSULTANT shall establish, implement and maintain an online system for tracking all correspondence and documents on the Project or shall adopt a project administration procedure previously approved by CITY. CONSULTANT shall incorporate within the tracking system the means to track the routing of submittals/RFIs to the CITY’s other consultants. c. Construction Administration Services: CONSULTANT shall provide administrative and management services. The CONSULTANT shall receive all correspondence from the CONTRACTOR and address all inquiries from the CONTRACTOR and construction related correspondence. The ENGINEER will be responsible for providing design input. 2. Meetings: a. CONSULTANT shall prepare agenda for kick-off meeting, weekly progress meetings and other construction/technical meetings required during the term of the Project. CONSULTANT shall preside the meetings, address administrative and non-design issues, and prepare meeting minutes for distribution. CITY, ENGINEER and CONTRACTOR’s team will attend the meeting. The ENGINEER will address design issues. CONSULTANT shall have all pending decisions detailed for the meetings as well as project statistics (schedule updates, risks as identified by risk register, percent of project complete, near-term milestones, etc.). b. Anticipated Meetings i. Construction kick-off meeting ii. Weekly progress meetings iii. As-needed technical meetings with CITY, ENGINEER, CONTRACTOR and manufacturer’s representative(s) to discuss manufacturers’ requirements and resolve equipment and/or installation issues. iv. Project punch list and close-out Meeting v. As-needed coordination meetings with other ongoing projects’ Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11 Attachment D - Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc.        Item 11: Staff Report Pg. 26  Packet Pg. 282 of 578  Page 10 of 20 Vers.: Aug. 5, 2019 construction managers and the City (as part of a separate subtask) 3. Submittals a. CONSULTANT shall use the online document tracking system to log and coordinate the submittal process. b. CONSULTANT shall receive the submittals, including CONTRACTOR’s red- line drawings, from the CONTRACTOR and check the submittals for completeness and general conformity with the Construction Contract requirements. If obvious deficiencies are apparent in the submittal, the CONSULTANT shall reject and send the submittal back to the CONTRACTOR for correction prior to sending the submittal to the ENGINEER. c. Once deemed acceptable, CONSULTANT shall route the submittals to the ENGINEER for review and shall route the reviewed submittal back to the CONTRACTOR. The CONSULTANT shall review comments on the submittals to determine if additional follow-up with the CONTRACTOR and/or ENGINEER is warranted and to identify any scope changes. d. CONSULTANT shall coordinate the ENGINEER’s submittal review and track the status of shop drawing resubmittals with the CONTRACTOR. e. CONSULTANT shall review the submittals for progress schedule, health and safety plan, temporary facilities, construction sequencing, conduit/pipe layout plan, manufacturer/ applicator/ installer’s certificates, and other non-technical submittals. f. CONSULTANT shall review temporary facilities submittals for operability as well as conflicts with other ongoing projects’ active and/or proposed construction. 4. Request for Information/Clarification Process a. CONSULTANT shall utilize the online document tracking system for processing requests for design clarifications. b. CONSULTANT shall receive all requests for information (RFIs) from the CONTRACTOR and determine if the request is a valid RFI; i. If valid, ENGINEER will review the RFIs and provide design response. CONSULTANT shall review the ENGINEER’s response, verify acceptability of response and transmit the Clarification Response to the CONTRACTOR. ii. If not, CONSULTANT shall return the RFI to the CONTRACTOR with justifications. c. CONSULTANT shall provide a response within 10 working days to the CONTRACTOR for any administrative, field condition specific and general RFI. d. ENGINEER shall prepare Design Clarifications where design issues are identified by the CONSULTANT, ENGINEER, or CITY. CONSULTANT shall prepare the Clarification Letter for transmittal to the CONTRACTOR of the Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11 Attachment D - Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc.        Item 11: Staff Report Pg. 27  Packet Pg. 283 of 578  Page 11 of 20 Vers.: Aug. 5, 2019 ENGINEER’s Design Clarification and other clarifications. e. CONSULTANT shall work with the CITY Project Manager to maintain an Error and Omission Log to document change orders, RFIs and RFCs that are a result of ENGINEER and CONTRACTOR errors in design and construction, respectively. The log shall record the hours spent by the ENGINEER to respond to the RFIs/ RFCs and associated cost impact to the construction. CONSULTANT shall identify potential error & omission and notify ENGINEER to track their hours when responding to RFIs and/or preparing design change document. CITY may seek reimbursement from the ENGINEER and/or CONTRACTOR. 5. Change Order Preparation, Negotiation & Processing a. CONSULTANT shall review all change order requests (either initiated by the CITY or by the CONTRACTOR). i. CONSULTANT shall utilize the online document tracking system to log, track, and process changes. ii. CONSULTANT shall maintain Change Event files. These files shall compile all data related to specific items that arise that may have cost or time impacts or neither. b. CONSULTANT shall judge the validity and/or merits of all CONTRACTOR initiated change order requests. CONTRACTOR initiated change orders deemed unnecessary, or not substantiated by a deficiency in the construction documents shall be returned to CONTRACTOR unapproved with an explanation. c. CONSULTANT shall negotiate change orders with the CONTRACTOR, considering impact to the schedule, as well as, reasonableness of cost, and impact to total project budget. Consultant shall calculate and determine a reasonable cost for each additive or deductive change order based on City’s guidelines set forth in the Construction Contract’s General Conditions. Inform City of all potential cost and schedule changes. d. CONSULTANT shall prepare an independent cost estimate and/or verify the acceptability of the CONTRACTOR’s cost proposal for each change order request. At CITY’s discretion, ENGINEER’s opinion may be requested for specific equipment and material costs. e. CONSULTANT shall prepare change orders using CITY’s procedure for execution by the CITY and CONTRACTOR. i. CONSULTANT shall prepare a Change Order Memorandum, if requested by the CITY, to provide additional background discussion for need of the change and reasonableness of cost and schedule impact. ii. ENGINEER shall prepare design details for change requests as needed. CONSULTANT to coordinate schedule and distribution of design details. Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11 Attachment D - Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc.        Item 11: Staff Report Pg. 28  Packet Pg. 284 of 578  Page 12 of 20 Vers.: Aug. 5, 2019 iii. CONSULTANT shall prepare, and issue approved change order requests to the CONTRACTOR with the appropriate design documents as directed by the CITY. f. In the event the CONTRACTOR encounters a time sensitive problem where time is not available to negotiate a settlement, CONSULTANT shall issue a field order in accordance with the City’s procedures. i. All work done under a field order shall be completed on a time and material basis. CONSULTANT shall track actual time and material expended for the field order work. Document all allowable costs (labor, equipment, material, etc.) daily. CONTRACTOR shall field- verify quantity and document CONTRACTOR’s extra work activities on an hourly basis, as applicable, so that change order requests can be verified accordingly. ii. Field orders shall be reviewed and approved with the CITY prior to issuance. 6. Documentation of Environmental Compliance a. CONSULTANT shall bring to the attention of the City’s environmental monitor and concerns with the compliance with environmental permitting and mitigation measures in accordance with the requirements of the environmental documents and regulatory permits. Note that this project is CEQA exempt. 7. Progress Payment a. CONSULTANT shall review the initial schedule of values (cost breakdown) prepared by the CONTRACTOR. b. CONSULTANT shall review the final version of the Schedule of Values (SOV) with the CITY and receive confirmation that the SOV is acceptable to the CITY, prior to responding to the CONTRACTOR. c. CONSULTANT shall review CONTRACTOR’s progress payment requests and determine whether the amount requested reflects the actual status of the CONTRACTOR’s work in place, materials on site and other contract requirements. If the payment request is deemed acceptable, transmit the invoice to the CITY for payment within the time periods set forth in the Public Contract Code. d. CONSULTANT shall prepare the summary cover sheet for the progress payments which will be executed by CONSULTANT, CONTRACTOR and CITY. e. CONSULTANT shall not recommend final payment to the CONTRACTOR until the CONSULTANT has determined CONTRACTOR has complied with the project closeout requirements, including submittals of record documents, warranties, and operations and maintenance manuals. CITY will release the retention only after a Notice of Completion has been recorded with the Santa Clara County Clerk’s Recorder Office. Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11 Attachment D - Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc.        Item 11: Staff Report Pg. 29  Packet Pg. 285 of 578  Page 13 of 20 Vers.: Aug. 5, 2019 8. CONTRACTOR’s Certified Payroll a. On a bi-weekly basis, or when otherwise requested by the CITY, State, or other agency or public inquiry, the CONSULTANT shall collect certified payrolls from the CONTRACTOR. Apart from the regular, bi-weekly collection, the CONSULTANT shall obtain payroll records within 10 days of the CITY’s request. b. CONSULTANT shall only store these records on the project site. c. CONSULTANT is not responsible for reviewing these records for compliance at any time. d. CONTRACTOR is responsible for submitting electronically their certified payroll records to the State Department of Industrial Relations. 9. Schedule a. CONSULTANT shall review CONTRACTOR’s initial Baseline schedule submittal to determine whether it is realistic and prepared in accordance with the Contract Documents, that the milestone and Substantial Completion dates meet the overall goal for schedule and that no major conflicts exist. The CONSULTANT shall advise CITY of the review determination and provide written comments to the CONTRACTOR. b. CONSULTANT shall review the CONTRACTOR’s schedule updates and provide written comments to the CONTRACTOR. c. CONSULTANT shall review and evaluate the CONTRACTOR’s requests for Contract time extension and/or monetary claim, and make written recommendations to the CITY regarding entitlement and the number of days, if any, to be added to the Contract Time(s). If requested by the CITY, CONSULTANT shall provide a written assessment of the time request. CONSULTANT shall evaluate and negotiate schedule adjustments with the CONTRACTOR. 10. Field Quality Control (Inspection Services) a. CONSULTANT shall provide field observation services to monitor compliance with the Contract Documents. i. CONSULTANT staff shall have sufficient training and experience regarding the specific construction activities being performed by CONTRACTOR. 1) CONSULTANT shall provide staffing at a level that match construction load and as required to observe CONTRACTOR’s activities. 2) CONSULTANT shall provide subconsultant(s) as needed to observe specialty work and/or conduct specialty tests (see Special Inspections). b. Reporting i. CONSULTANT shall prepare daily inspection reports documenting observed field activities, field crews, CONTRACTOR equipment, and Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11 Attachment D - Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc.        Item 11: Staff Report Pg. 30  Packet Pg. 286 of 578  Page 14 of 20 Vers.: Aug. 5, 2019 field problems. Field activities shall be logged hourly, if applicable. CONSULTANT shall collect CONTRACTOR daily reports on a weekly basis. Such information shall be accessible by the City. ii. CONSULTANT shall provide and maintain photographs of field activities for status monitoring of the project. iii. CONSULTANT shall monitor record documents (redline drawings) on a bi-weekly basis to determine if they are being maintained by the CONTRACTOR and are in substantial conformance with the CONSULTANT’s information/observations. iv. CONSULTANT shall prepare a monthly report to include major work performed, outstanding issues, project photographs, schedule status, pending and executed change orders summary, and quality issues. This report shall also be part of CONSULTANT’s monthly progress payment report. c. Special Inspections i. CONSULTANT shall furnish the materials testing and special inspections required to be performed for the Project. Special Inspection and materials testing include, but are not limited to: 1) Soils testing for HazMat compliance 2) Soils compaction and relevant testing 3) Asphalt compaction and relevant testing 4) Concrete sampling and testing 5) Coating surface preparation (including cleaning) and application inspection 6) CIPP surface preparation (including cleaning), materials, and installation inspection 7) Special inspections as listed in the project specific design 8) drawings and specs. 9) HDPE pipe fusion inspection ii. CONSULTANT shall schedule and coordinate the material testing services and have responsibility for the specialty inspections and testing services. 11. System Outages a. CONSULTANT shall review and evaluate the CONTRACTOR’s system outage requests (SOR) in conjunction with the CITY. CONSULTANT shall assess the reasonableness of the duration of the requested shutdown. b. The SORs shall be reviewed and approved at least two weeks ahead of the actual outage/shutdown. c. CONSULTANT shall facilitate/coordinate shutdowns with the CONTRACTOR, CITY and ENGINEER. i. CITY is responsible for reviewing and approving system outage request and duration, confirming the outage is properly planned, Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11 Attachment D - Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc.        Item 11: Staff Report Pg. 31  Packet Pg. 287 of 578  Page 15 of 20 Vers.: Aug. 5, 2019 implementing the outage, and bringing services back online after the outage. 12. Means and Methods of Construction a. CONSULTANT shall not direct the means and methods of construction. CONTRACTOR shall be solely responsible for the means and methods of construction. In the event when the CONTRACTOR’s means and methods and/or work sequence are perceived to have negative impacts on the final work quality or may damage existing City’s property, the CONSULTANT shall communicate with the CONTRACTOR and inform the CITY and ENGINEER. 13. Construction Staging and laydown Area CONSULTANT shall periodically observe the construction staging and laydown areas to check if: a. Equipment and materials are being stored in accordance with the manufacturers’ procedure (e.g., protection from weathering elements). b. Exiting plant equipment (e.g., electrical switchgear) are being protected. c. Heavy loads are not concentrated at or adjacent to locations were underground utility (s) is present. d. CONTRACTOR is maintaining any necessary access. e. Site is cleaned up each day. f. Site is isolated and general public and wildlife are protected. 14. Safety a. CONSULTANT shall comply with appropriate regulatory, project and CITY codes in addition to CONSULTANT’s Health and Safety Plan regarding necessary safety equipment and procedures used during performance of the CONSULTANT’s work and shall take necessary precautions for safe operation of the CONSULTANT’s work, and the protection of the CONSULTANT’s personnel from injury and damage from such work. b. Neither the professional activities of the CONSULTANT, nor the presence of the CONSULTANT’s employees or sub-consultants at the construction/project site, shall relieve the CONTRACTOR and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending, or coordinating their work in accordance with the Contract Documents, City codes, and any health or safety precautions required by pertinent regulatory agencies. CONSULTANT and its personnel have no authority to exercise any control over any CONTRACTOR or other entity or their employees in connection with their work or any health or safety precautions. 15. Corrective Work Item List a. The CONSULTANT shall prepare and maintain a Corrective Work Item list (CWL) with the input from the CITY and ENGINEER. Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11 Attachment D - Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc.        Item 11: Staff Report Pg. 32  Packet Pg. 288 of 578  Page 16 of 20 Vers.: Aug. 5, 2019 b. CONSULTANT shall confirm that the items identified in the CWL are completed in preparation for issuance of Substantial Completion Certificate (SCC). a. CONSULTANT shall prepare the SCC for execution by the CITY and the CONTRACTOR when the Corrective Work Items are completed to the CITY’s, ENGINEER’s and The CONSULTANT’s satisfaction. Task 4: Project Closeout Phase 1. Punch List and Final Inspection a. Punch List i. CONSULTANT shall identify work with outstanding deficiencies and generate Punch List in Excel. Coordinate site walkthrough with the CITY and CONTRACTOR, as needed. ii. CONSULTANT shall have primary responsibility for verifying that the Punch List work is complete. b. Final Inspection i. CONSULTANT shall have primary responsibility for conducting the final inspection. Coordinate site walkthrough with the CITY and CONTRACTOR, as needed. 1) CITY will participate and provide input on the final inspection. 2) ENGINEER will provide design input on final inspection items if determined necessary by the CITY. 2. Warranty Coordination a. CONSULTANT shall maintain a warranty file in the online document tracking system. All warranty documentation shall be handed off to the CITY at conclusion of the contract. 3. Project Closeout a. CONTRACTOR shall furnish record documents, which the CONSULTANT shall review and transmit to ENGINEER for preparation of record drawings. b. CONSULTANT shall prepare necessary CITY documentation recommending acceptance of the completed work by the CITY. c. CONSULTANT shall turn over project documentation to the CITY in an orderly manner and in a timely manner after completion of the project and all punch list activities. The CONSULTANT shall retain all change event files at the end of the project. The CITY shall have the right to request review and/or copies of the change events files. d. CONSULTANT shall download all the files from the on-line document management system, save them on an external hard drive, and mail it to the City Project Manager for City’s record. Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11 Attachment D - Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc.        Item 11: Staff Report Pg. 33  Packet Pg. 289 of 578  Page 17 of 20 Vers.: Aug. 5, 2019 Task 5: Allowance for Non-Regular Hour Work 1. CITY may set an allowance for inspection services during non-regular work hours such as night time and weekends. CONSULTANT shall estimate sufficient hours to cover all inspectional services. Authorization by City Project Manager is required prior to scheduling overtime work. Work Order No. 4: Milestone Schedule of Performance TASK # MILESTONES COMPLETION FROM WORK ORDER #4 NOTICE 1 NO LATER THAN DATE Task 1 12/31/2024 Task 5 06/30/2026 Note 1. Assume NTP issuance on 1/8/2024 Work Order No. 4: Milestone Compensation Schedule TASK # MILESTONES AMOUNT Task 1 General Requirements/ Project Management $44,460 Task 2 Pre-Construction $85,510 Task 3 Construction Phase $689,505 Task 4 Project Closeout $35,250 Task 5 Allowance for Non-Regular Hour Work $103,270 Reimbursable Expenses $12,100 Additional Services (per Section 4) (Not to Exceed) $127,500 Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11 Attachment D - Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc.        Item 11: Staff Report Pg. 34  Packet Pg. 290 of 578  Page 18 of 20 Vers.: Aug. 5, 2019 EXHIBIT “B” SCHEDULE OF PERFORMANCE, AMENDMENT NO. 2 (AMENDED, REPLACES PREVIOUS) Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.) The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement. TASK ORDER #1/WORK ORDER #4 Tasks 1-4 of Work Order #4 will be completed within 129 Weeks from the Notice to Proceed for Work Order #4 or by June 30, 2026. Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11 Attachment D - Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc.        Item 11: Staff Report Pg. 35  Packet Pg. 291 of 578  Vers.: Aug. 5, 2019 Page 19 of 20 EXHIBIT “C” COMPENSATION, AMENDMENT NO. 2 (AMENDED, REPLACES PREVIOUS) CITY agrees to compensate CONSULTANT for on-call, as-needed, time-limited project support services performed in accordance with the terms and conditions of this Agreement, and as set forth in a specific Task Order budget schedule. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 and Exhibit C-2 up to the not to exceed budget amount for each task set forth in a specific Task Order. CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories within a specific Task Order, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement. CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY. REIMBURSABLE EXPENSES CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder. Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: up to the not-to-exceed amount of $12,100. WORK ORDER #4 Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #4, Not to Exceed: Total Basic Services and Reimbursable Expenses $970,095 Maximum Total Compensation $1,097,595 Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11 Attachment D - Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc.        Item 11: Staff Report Pg. 36  Packet Pg. 292 of 578  Vers.: Aug. 5, 2019 Page 20 of 20 EXHIBIT “C-2” SCHEDULE OF RATES, AMENDMENT NO. 2 (ADDED) The applicable rate schedule by which CONSULTANT will be paid for Services rendered under this Agreement and its Task Order(s), if any, is set forth below as Exhibit “C-2”, entitled “SCHEDULE OF RATES”. The fee schedules attached hereto in Exhibit C-2 shall apply during the second year of the term for Work Order #4 (effective March 1, 2025). Thereafter, CONTRACTOR’s compensation rates shall be adjusted annually effective on the commencement of the second year, as follows: Each unit price, hourly rates, and fee, as set forth the attached fee schedule, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-San Jose area, published by the United States Department of Labor Statistics (CPI), published most immediately preceding the commencement of the applicable contract year, compared with the CPI published for the prior year. Notwithstanding the foregoing, in no event shall CONSULTANT’s compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding contract year. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation as set forth herein shall be at no cost to the CITY. CONSULTANT’s markup on work performed by any authorized subconsultant shall not exceed five percent (5%). CONSULTANT’s schedule of rates is as follows: Consultant Labor Categories Tanner Pacific, Inc. Subconsultant Labor Categories Bay Area Coating Consultants, Inc. Note: Inspector shall be scheduled 24-hour in advance. Charges are four hours minimum. Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11 Attachment D - Amendment No. 2 to Contract No. C21179265E with Tanner Pacific, Inc.        Item 11: Staff Report Pg. 37  Packet Pg. 293 of 578  Page 1 of 28 Vers.: Aug. 5, 2019 AMENDMENT NO. 6 TO CONTRACT NO. C21179265C BETWEEN THE CITY OF PALO ALTO AND CAROLLO ENGINEERS, INC. This Amendment No. 6 (this “Amendment”) to Contract No. C21179265C (the “Contract” as defined below) is entered into as of June 9, 2025, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and CAROLLO ENGINEERS, INC., a California corporation, located at 2795 Mitchell Drive, Walnut Creek, CA 94598 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment. R E C I T A L S A. The Contract (as defined below) was entered into by and between the Parties to provide construction management and inspection services on an on-call, as-needed, time-limited basis in connection with individual projects or inspection tasks at the Regional Water Quality Control Plant (RWQCP), as detailed therein. B. The Parties entered into Amendment No. 1 to add Task 2 services (referred to as Work Order No. 2) for Construction Management and Inspection Services for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 1 Project, and to increase compensation by Six Hundred Four Thousand Two Hundred Forty-Six Dollars ($604,246.00), from One Dollar ($1.00) to Six Hundred Four Thousand Two Hundred Forty-Seven Dollars ($604,247.00), as detailed therein. C. The Parties entered into Amendment No. 2 to (1) extend the contract term through March 31, 2028; (2) add Task 3 services (referred to as Work Order No. 3) for Construction Management Services for the Secondary Treatment Upgrades Project; and (3) increase compensation by Eight Million Two Hundred Thirty-Seven Thousand Twenty-One Dollars ($8,237,021.00), from Six Hundred Four Thousand Two Hundred Forty-Seven Dollars ($604,247.00) to Eight Million Eight Hundred Forty-One Thousand Two Hundred Sixty-Eight Dollars ($8,841,268.00), as detailed therein. D. The Parties entered into Amendment No. 3 to (1) add Task 1A services (referred to as Work Order No. 1A) for Construction Management Services for the Primary Sedimentation Tank Rehabilitation and Equipment Room Electrical Upgrade Project; and (2) increase compensation by Three Hundred Eighty-Eight Thousand Five Hundred Thirty-Eight Dollars ($388,538.00), from $8,841,268.00 to Nine Million Two Hundred Twenty-Nine Thousand Eight Hundred Six Dollars ($9,229,806.00), as detailed therein. Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11 Attachment E - Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc.        Item 11: Staff Report Pg. 38  Packet Pg. 294 of 578  Page 2 of 28 Vers.: Aug. 5, 2019 E. The Parties entered into Amendment No. 4 to (1) add Task 4 services (referred to as Work Order No. 5) for Construction Management Services for the Local Advanced Water Purification System; (2) increase compensation by Four Million One Hundred Fifty-One Thousand Three Hundred Eighty-Six Dollars ($4,151,386.00), from Nine Million Two Hundred Twenty-Nine Thousand Eight Hundred Six Dollars ($9,229,806.00) to Thirteen Million Three Hundred Eighty -One Thousand One Hundred Ninety-Two Dollars ($13,381,192.00); (3) add Haley & Aldrich, Inc. as a subcontractor; and (4) add Exhibit C-2 Schedule of Rates, as detailed therein. F. The Parties entered into Amendment No. 5 to (1) add Task 6 services (referred to as Work Order No. 2B) for Construction Management and Inspection Services for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 2 Project; (2) increase compensation by One Million Three Hundred Fourteen Thousand One Hundred Ninety-Two Dollars ($1,314,192), from Thirteen Million Three Hundred Eighty-One Thousand One Hundred Ninety-Two Dollars ($13,381,192.00) to Fourteen Million Six Hundred Ninety-Five Thousand Three Hundred Eighty-Four Dollars ($14,695,384.00); and (3) add Exhibit C-2 Schedule of Rates, as detailed therein. G. The Parties now wish to amend the Contract in order to (1) add Task 7 services (referred to as Work Order No. 4A) for Construction Management and Inspection Services for the Joint Intercepting Sewer Rehabilitation Phase 1 Project; (2) increase compensation by Three Hundred Ninety-Seven Thousand Eight Hundred Dollars ($397,800) ), from Fourteen Million Six Hundred Ninety-Five Thousand Three Hundred Eighty-Four Dollars ($14,695,384.00) to Fifteen Million Ninety-Three Thousand One Hundred Eighty-Four Dollars ($15,093,184); and (3) add Exhibit C-2 Schedule of Rates, as detailed herein. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term “Contract” shall mean Contract No. C21179265C between CONSULTANT and CITY, dated June 14, 2021, as amended by: Amendment No. 1, dated November 7, 2022 Amendment No. 2, dated December 5, 2022 Amendment No. 3, dated October 16, 2023 Amendment No. 4, dated June 10, 2024 Amendment No. 5, dated October 28, 2024 b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11 Attachment E - Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc.        Item 11: Staff Report Pg. 39  Packet Pg. 295 of 578  Page 3 of 28 Vers.: Aug. 5, 2019 SECTION 2. Section 4 “NOT TO EXCEED COMPENSATION” of the Contract is hereby amended to read as follows: “The CITY is engaging multiple consultants, including CONSULTANT, that are eligible to respond with proposals to the CITY’s project-specific Task Orders under the process described in Exhibit A. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed One Dollar ($1), unless CITY selects CONSULTANT, according to the process in Exhibit A, to perform services under one or more Task Orders not to exceed Fifteen Million Ninety-Three Thousand One Hundred Eighty- Four Dollars ($15,093,184.00) over the term of the Agreement. No pre-qualified consultant, including the CONSULTANT under this Agreement, is guaranteed selection or assured of any minimum quantity of work to be performed. In the event CONSULTANT is not selected to provide Services under a Task Order, no payment is due from CITY. The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES” and Exhibit C-2, entitled “SCHEDULE OF RATES, AMENDMENT NO. 6.” Any work performed, or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY. A. The City has selected CONSULTANT to perform Work Order #2, for Construction Management and Inspection Services for the Medium Voltage Electrical Network (12kV Elec. Loop) Rehabilitation Bid Package 1 Project, in the amount not to exceed Five Hundred Forty-Nine Thousand Three Hundred Fifteen Dollars ($549,315.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses for Work Order #2 shall not exceed Six Hundred Four Thousand Two Hundred Forty-Seven Dollars ($604,247.00). B. The City has selected CONSULTANT to perform Work Order #3, for Construction Management Services for the Secondary Treatment Upgrades Project, in the amount not to exceed Seven Million Four Hundred Eighty-Eight Thousand Two Hundred One Dollars ($7,488,201.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses for Work Order #3 shall not exceed Eight Million Two Hundred Thirty-Seven Thousand Twenty-One Dollars ($8,237,021.00). C. The City has selected CONSULTANT to perform Work Order #1A, for Construction Management Services for the Primary Sedimentation Tank Rehabilitation and Equipment Room Electrical Upgrade Project, in the amount not to exceed Two Hundred Forty-Six Thousand Seven Hundred Dollars ($246,700.00). CONSULTANT Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11 Attachment E - Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc.        Item 11: Staff Report Pg. 40  Packet Pg. 296 of 578  Page 4 of 28 Vers.: Aug. 5, 2019 agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses for Work Order #1A shall not exceed Three Hundred Eighty-Eight Thousand Five Hundred Thirty-Eight Dollars ($388,538.00). D. The City has selected CONSULTANT to perform Work Order #5, for Construction Management Services for the Local Advanced Water Purification System, in the amount not to exceed Three Million Seven Hundred Seventy-Three Thousand Nine Hundred Eighty-Seven Dollars ($3,773,987.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses for Work Order #1A shall not exceed Four Million One Hundred Fifty-One Thousand Three Hundred Eighty-Six Dollars ($4,151,386.00). E. The City has selected CONSULTANT to perform Work Order #2B, for Construction Management and Inspection Services for the Medium Voltage Electrical Network (12kV Elec. Loop) Rehabilitation Bid Package 2 Project, in the amount not to exceed One Million One Hundred Ninety-Four Thousand Seven Hundred Twenty Dollars ($1,194,720.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses for Work Order #2B shall not exceed One Million Three Hundred Fourteen Thousand One Hundred Ninety-Two Dollars ($1,314,192.00). F. The City has selected CONSULTANT to perform Work Order #4A, for Construction Management and Inspection Services for the Joint Intercepting Sewer Rehabilitation (JISR) Rehabilitation Phase 1 Project, in the amount not to exceed Three Hundred Six Thousand Dollars ($306,000). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses for Work Order #4A shall not exceed Three Hundred Ninety-Seven Thousand Eight Hundred Dollars ($397,800). Optional Additional Services Provision (This provision applies only if checked and a not-to- exceed compensation amount for Additional Services is allocated below under this Section 4.) In addition to the not-to-exceed compensation specified above, CITY has set aside the not-to- exceed compensation amount of Fifty-Four Thousand Nine Hundred Thirty-Two Dollars ($54,932.00) for the performance of Additional Services for Work Order #2; Seven Hundred Forty-Eight Thousand Eight Hundred Twenty Dollars ($748,820.00) for Work Order #3; One Hundred Forty-One Thousand Eight Hundred Thirty-Eight Dollars ($141,838.00) for Work Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11 Attachment E - Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc.        Item 11: Staff Report Pg. 41  Packet Pg. 297 of 578  Page 5 of 28 Vers.: Aug. 5, 2019 Order #1A; Three Hundred Seventy-Seven Thousand Three Hundred Ninety-Nine Dollars ($377,399.00) for Work Order #5;One Hundred Nineteen Thousand Four Hundred Seventy- Two Dollars ($119,472.00) for Work Order 2B; and Ninety-One Thousand Eight Hundred Dollars ($91,800) for Work Order #4A. The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Fifteen Million Ninety-Three Thousand One Hundred Eighty-Four Dollars ($15,093,184), as detailed in Exhibit C. “Additional Services” means 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 a Task Order issued under Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.” SECTION 3. The following exhibit(s) to the Contract are hereby amended, as indicated below, to read as set forth in the attachment(s) to this Amendment, which are hereby incorporated in full into this Amendment and into the Contract by this reference: a. Exhibit “A-5” entitled “PROFESSIONAL SERVICES TASK ORDER NO. 7A (WORK ORDER 4A), AMENDMENT NO. 6” (ADDED). b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 6” (AMENDED, REPLACES PREVIOUS) Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11 Attachment E - Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc.        Item 11: Staff Report Pg. 42  Packet Pg. 298 of 578  Page 6 of 28 Vers.: Aug. 5, 2019 c. Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 6,” (AMENDED, REPLACES PREVIOUS). d. Exhibit “C-3” entitled “SCHEDULE OF RATES, AMENDMENT NO. 6,” (ADDED). SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 5. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11 Attachment E - Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc.        Item 11: Staff Report Pg. 43  Packet Pg. 299 of 578  Page 7 of 28 Vers.: Aug. 5, 2019 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO ______________________________ City Manager or Designee APPROVED AS TO FORM: ______________________________ City Attorney or Designee CAROLLO ENGINEERS, INC. Officer 1 By:_____________________________ Name:__________________________ Title:____________________________ Officer 2 By:_____________________________ Name:__________________________ Attachments: Exhibit “A-5”: PROFESSIONAL SERVICES TASK ORDER NO. 7 (WORK ORDER 4A), AMENDMENT NO. 6 (ADDED) Exhibit “B”: SCHEDULE OF PERFORMANCE, AMENDMENT NO. 6 (AMENDED, REPLACES PREVIOUS) Exhibit “C”: COMPENSATION, AMENDMENT NO. 6 (AMENDED, REPLACES PREVIOUS) Exhibit “C-3”: SCHEDULE OF RATES, AMENDMENT NO. 6 (ADDED) Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Senior Vice President Rick Chan, Senior Vice President Executive Vice President Anne E. Prudhel Item 11 Attachment E - Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc.        Item 11: Staff Report Pg. 44  Packet Pg. 300 of 578  Docusign Envelope ID: 57F208E4-2F40-4088-A6F8-F8F27661D783 Page 8 of 28 Vers.: Aug. 5, 2019 EXHIBIT “A-5” PROFESSIONAL SERVICES TASK ORDER NO. 7 (WORK ORDER 4A), AMENDMENT NO. 6 (ADDED) CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. C21179265C 1A. MASTER AGREEMENT NO.: C21179265C 1B. TASK ORDER NO 7: Work Order No. 4A for Construction Management Services for the Joint Intercepting Sewer Rehabilitation (JISR) Phase 1 Project 2. CONSULTANT NAME: CAROLLO ENGINEERS, INC. 3. PERIOD OF PERFORMANCE: START: Immediately Once Notice to Proceed (NTP) is Issued; COMPLETION: 12/31/2025 4 TOTAL TASK ORDER NO. 4A PRICE: $306,0000.00 BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT: $0 5. WBS/CIP: WQ-24000 6. CITY PROJECT MANAGER: Tom Kapushinski Public Works Department, Environmental Services Division, RWQCP 7. DESCRIPTION OF SCOPE OF SERVICES MUST INCLUDE: Services and Deliverables to Be Provided Schedule of Performance Maximum Compensation Amount and Rate Schedule (As Applicable) Reimbursable Expenses, If Any (With “Not to Exceed” Amount) 8. ATTACHMENTS: Task Order No. 4A Scope of Services, including Schedule of Performance and Compensation Schedule TASK ORDER #7 (WORK ORDER 4A) SCOPE OF SERVICES A. General Requirements 1. For any work which requires licensing, the Proposers shall be appropriately licensed in accordance with the laws of the State of California. The cost for any required licenses or permits shall be the responsibility of the successful Proposers. 2. Special requirements: a. Resident Engineer shall have a minimum of 5 years of construction management, cured-in-place pipe (CIPP), and confined space entry experience. b. Staff’s related construction experience (years and projects) shall include: i. Minimum 5 years of demonstrated experience in large diameter pipeline rehabilitation projects using CIPP lining, coordinating wastewater treatment facility Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11 Attachment E - Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc.        Item 11: Staff Report Pg. 45  Packet Pg. 301 of 578  Docusign Envelope ID: 57F208E4-2F40-4088-A6F8-F8F27661D783 Page 9 of 28 Vers.: Aug. 5, 2019 process shutdowns, and overseeing high-volume bypass operations. NASSCO CIPP lining inspector certification is required. Municipal wastewater treatment operations experience is a bonus. ii. Minimum 5 years of demonstrated experience in inspection of concrete repairs, surface preparations and coating applications. iii. Minimum 5 years of demonstrated experience in inspection of high-density polyethylene (HDPE) pipe fusion and installation. c. During construction when there is a need to replace the proposed personnel, CONSULTANT shall submit the associated resume and minimum two references (names, agencies, email addresses, and phone numbers) for each of their proposed Project Manager, Resident Engineer, and specialty inspectors for HDPE pipe fusion and CIPP lining for City Project Manager’s review and approval. 3. At the beginning of each month, CONSULTANT shall submit to the CITY monthly invoices for the cost incurred during previous month; including subconsultant and expenses. 4. CONSULTANT shall prepare and submit monthly invoice packages to the City. The City prefers processing CONSULTANT pay requests that cover one calendar month. Monthly invoice packages are to include a progress report documenting progress. The report shall include the progress by each task, the budget status (authorized amount, current billing, billed to date, previously billed, amount remaining, and percent spent), outstanding issues, potential changes, project schedule and schedule impacts. CONSULTANT shall identify and mitigate potential budget overruns; and notify CITY Project Manager as soon as the potential overrun is identified. B. Construction Phase Tasks 1. Construction Administration a. Project Coordination i. In collaboration with Tanner Pacific, CONSULTANT shall act as the project coordinator and the point of contact for all communications with the CONTRACTOR. The CONSULTANT shall coordinate construction activities of the CITY, ENGINEER, and CONTRACTOR. CONSULTANT responsibilities include: Conduct team meetings within the consulting firm to review progress, coordinate evaluations and identify information needs; Disseminate information to the design team;; Coordinate communications with other ongoing project’s construction managers to facilitate the construction of ongoing projects and continuous Plant operations. ii. CONSULTANT shall provide a contact phone number to respond to issues related to construction activity or coordination, 24 hours a day, 7 days a week. b. Document Tracking System: CONSULTANT shall establish, implement and maintain an online system for tracking all correspondence and documents on the Project or shall adopt a project administration procedure previously approved by CITY. CONSULTANT shall incorporate within the tracking system the means to track the routing of submittals/RFIs to the CITY’s other consultants. 2. Meetings a. CONSULTANT shall participate in progress meetings and other construction meetings Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11 Attachment E - Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc.        Item 11: Staff Report Pg. 46  Packet Pg. 302 of 578  Docusign Envelope ID: 57F208E4-2F40-4088-A6F8-F8F27661D783 Page 10 of 28 Vers.: Aug. 5, 2019 required during the Project, which includes weekly or bi-weekly meetings with the CONTRACTOR and CITY. b. CONSULTANT shall facilitate and prepare records of discussions for the progress meetings and other construction related meetings. c. CONSULTANT shall have all pending decisions detailed for the meetings as well as project statistics (schedule updates, approximate percent project complete, near- term milestones). d. Anticipated Meetings i. Weekly update meeting ii. iii. Project close-out Meeting iv. Attend other concurrent projects’ kickoff meetings Periodic coordination meetings with other ongoing projects’ construction managers and the City 3. Submittals a. CONSULTANT shall use the online document tracking system to log and coordinate the submittal process. b. CONSULTANT shall receive the submittals, including CONTRACTOR’s red-line drawings, from the CONTRACTOR and check the submittals for general conformity with the Construction Contract requirements. If obvious deficiencies are apparent in the submittal, the CONSULTANT will shall reject and send the submittal back to the CONTRACTOR for correction. c. CONSULTANT shall route the submittals to the ENGINEER for review and shall route the reviewed submittal back to the CONTRACTOR. The CONSULTANT shall review comments on the submittals to determine if additional follow-up with the CONTRACTOR and/or ENGINEER is warranted and to identify any scope changes. d. CONSULTANT shall coordinate the ENGINEER’s submittal review and the track the status of shop drawing resubmittals with the CONTRACTOR. e. In addition to the CONSULTANT, ENGINEER to review all design related submittals and all submittals for temporary facilities. f. CONSULTANT shall review temporary facilities submittals for conflicts with other ongoing projects’ active and/or proposed construction. The City may request CONSULTANT review other ongoing projects’ temporary facilities submittals for constructability issues. g. CONSULTANT shall review temporary facilities submittals for operability. 4. Request for Information/Clarification Process a. CONSULTANT shall utilize the online document tracking system for processing requests for design clarifications. b. CONSULTANT shall receive all requests for information (RFIs) from the CONTRACTOR and determine if the request is a valid RFI; i. If valid, ENGINEER will review the RFIs and provide design response. CONSULTANT shall review the ENGINEER’s response, verify acceptability of response and transmit the Clarification Response to the CONTRACTOR. ii. If not, CONSULTANT shall return the RFI to the CONTRACTOR with justifications. c. CONSULTANT shall provide a response within 10 days to the CONTRACTOR for any administrative, field condition specific and general RFI. d. ENGINEER shall prepare Design Clarifications where design issues are identified by the Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11 Attachment E - Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc.        Item 11: Staff Report Pg. 47  Packet Pg. 303 of 578  Docusign Envelope ID: 57F208E4-2F40-4088-A6F8-F8F27661D783 Page 11 of 28 Vers.: Aug. 5, 2019 CONSULTANT, ENGINEER, or CITY. CONSULTANT shall prepare the Clarification Letter for transmittal to the CONTRACTOR of the ENGINEER’s Design Clarification and other clarifications. e. CONSULTANT shall work with the CITY Project Manager to maintain an Error and Omission Log to document RFIs and RFCs that are a result of ENGINEER and CONTRACTOR errors in design and construction, respectively. The log shall record the hours spent by the ENGINEER to respond to the RFIs/ RFCs and associated cost impact to the construction. CITY may seek reimbursement from the ENGINEER and/or CONTRACTOR. 5. Change Order Preparation, Negotiation & Processing a. CONSULTANT shall review all change order requests (either initiated by the CITY or by the CONTRACTOR). i. CONSULTANT shall utilize the online document tracking system to log, track, and process changes. ii. CONSULTANT shall maintain Change Event files. These files shall compile all data related to specific items that arise that may have cost or time impacts or neither. b. CONSULTANT shall judge the validity and/or merits of all CONTRACTOR initiated change order requests. CONTRACTOR initiated change orders deemed unnecessary, or not substantiated by a deficiency in the construction documents shall be returned to CONTRACTOR unapproved with an explanation. c. CONSULTANT shall negotiate change orders with the CONTRACTOR, considering impact to the schedule, as well as, reasonableness of cost, and impact to total project budget. CONSULTANT shall provide updates regarding potential cost and schedule changes to CITY. d. CONSULTANT shall prepare an independent cost estimate and/or verify the acceptability of the CONTRACTOR’s cost proposal for each approved change request. At CITY’s discretion, ENGINEER’s opinion may be requested for specific equipment and material costs. e. CONSULTANT shall prepare change orders using CITY’s procedure for execution by the CITY and CONTRACTOR. i. CONSULTANT shall prepare a Change Order Memorandum, if requested by the CITY, to provide additional background discussion for need of the change and reasonableness of cost and schedule impact. ii. ENGINEER shall prepare design details for change requests as needed. CONSULTANT to coordinate schedule and distribution of design details. iii. CONSULTANT shall prepare, and issue approved change order requests to the CONTRACTOR with the appropriate design documents as directed by the CITY. f. In the event the CONTRACTOR encounters a time sensitive problem where time is not available to negotiate a settlement, CONSULTANT shall issue a field order. i. All work done under a field order will be completed on a time and material basis. CONSULTANT to track actual time and material expended for the field order work. ii. Field orders shall be reviewed and approved with the CITY prior to issuance. 6. Documentation of Environmental Compliance a. CONSULTANT shall document compliance with environmental permitting and mitigation measures in accordance with the requirements of the environmental documents and regulatory permits. Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11 Attachment E - Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc.        Item 11: Staff Report Pg. 48  Packet Pg. 304 of 578  Docusign Envelope ID: 57F208E4-2F40-4088-A6F8-F8F27661D783 Page 12 of 28 Vers.: Aug. 5, 2019 7. Progress Payment a. CONSULTANT shall review the initial schedule of values (cost breakdown) prepared by the CONTRACTOR and generate a progress payment request form for the CONTRACTOR’s use. b. CONSULTANT shall review and process the progress payment requests and determine whether the amount requested reflects the actual status of the Contractor’s work in place, materials on site and other contract requirements. c. CONSULTANT shall perform the appropriate administration, preparation and processing of the monthly progress payments so the CITY can respond in accordance with the time periods set forth in the Public Contract Code. d. CONSULTANT shall prepare the summary cover sheet for the progress payments which will be executed by CONSULTANT, CONTRACTOR and CITY. e. CONSULTANT shall not recommend final payment to the CONTRACTOR until the CONSULTANT has determined CONTRACTOR has complied with the project closeout requirements, including submittals of record documents, warranties, and operations and maintenance manuals. CITY will release the retention only after a Notice of Completion has been recorded with the Santa Clara County Clerk’s Recorder Office. f. CONSULTANT shall work with Contractor to develop an estimate of CONSULTANT as well as contractor’s anticipated monthly pay request (billing/invoicing) schedule for the entire duration of the construction phase. 8. CONTRACTOR’s Certified Payroll a. On a bi-weekly basis, or when otherwise requested by the CITY, State, or other agency or public inquiry, the CONSULTANT shall collect certified payrolls from the CONTRACTOR. Apart from the regular, bi-weekly collection, the CONSULTANT shall obtain payroll records within 10 days of the CITY’s request. b. CONTRACTOR is responsible for submitting electronically their certified payroll records to the State Department of Industrial Relations. c. CONSULTANT shall be responsible for documenting and conducting interviews of the CONTRACTOR’s field staff/crew for compliance with CITY prevailing wage ordinance. 9. Schedule a. CONSULTANT shall review CONTRACTOR’s initial Baseline schedule submittal to determine whether it is realistic and prepared in accordance with the Contract Documents, that the milestone and Substantial Completion dates meet the overall goal for schedule and that no major conflicts exist. The CONSULTANT shall advise CITY of the review determination and provide written comments to the CONTRACTOR. b. CONSULTANT shall review the CONTRACTOR’s schedule updates and provide written comments to the submitted update. c. CONSULTANT shall review and evaluate the CONTRACTOR’s requests for Contract Time extension and make written recommendations to the CITY regarding entitlement and the number of days, if any, to be added to the Contract Time(s). If requested by the CITY, CONSULTANT shall provide a written assessment of the time request. CONSULTANT shall negotiate schedule adjustments with the CONTRACTOR. 10. Field Quality Control (Inspectional Services) a. CONSULTANT shall provide field observation services to monitor compliance with the Contract Documents. i. CONSULTANT staff shall have sufficient training and experience Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11 Attachment E - Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc.        Item 11: Staff Report Pg. 49  Packet Pg. 305 of 578  Docusign Envelope ID: 57F208E4-2F40-4088-A6F8-F8F27661D783 Page 13 of 28 Vers.: Aug. 5, 2019 regarding the specific construction activities being performed by CONTRACTOR. 1) CONSULTANT shall provide staff proportional as what is required to observe CONTRACTOR’s activities. 2) CONSULTANT shall submit inspection schedule showing inspection frequency, duration and level of efforts. 3) CONSULTANT shall provide subconsultant(s) as needed to observe specialty work or increase staffing levels (see Special Inspections). 4) CITY may set an allowance on a task order specific basis for the increased cost only of inspectional services if required during off hours and on weekends. Consultant to provide sufficient hours to cover all inspectional services anticipated at standard rates. b. Reporting i. CONSULTANT shall prepare daily inspection reports documenting observed field activities, field crews, CONTRACTOR equipment, and field problems. CONSULTANT shall collect and compile CONTRACTOR daily reports. ii. CONSULTANT shall provide and maintain photographs of field activities for status monitoring of the project. iii. CONSULTANT shall monitor record documents (redline drawings) on a bi-weekly basis to determine if they are being maintained by the CONTRACTOR and are in substantial conformance with the CONSULTANT’s information/observations. iv. CONSULATNT shall prepare a monthly report to include major work performed, outstanding issues, project photographs, schedule status, pending and executed change orders summary, and quality issues. This report shall also be part of CONSULTANT’s monthly progress payment report. c. Special Inspections i. CONSULTANT shall furnish the materials testing and special inspections required to be performed for the Project. Special Inspection and materials testing includes, but not limited to: 1) Soils testing for HazMat compliance 2) Soils compaction and relevant testing 3) Asphalt compaction and relevant testing 4) Concrete sampling and testing 5) Coating surface preparation (including cleaning) and application inspection 6) CIPP surface preparation (including cleaning), materials, and installation inspection 7) Special inspections as listed in the project specific design 8) drawings and specs. 9) HDPE pipe fusion inspection ii. CONSULTANT shall schedule and coordinate the material testing services and have responsibility for the specialty inspections and testing services. 11. System Outages a. CONSULTANT shall review and evaluate the CONTRACTOR’s system outage requests (SOR) in conjunction with the CITY. CONSULTANT shall assess the reasonableness of the duration of the requested shutdown. b. The SORs shall be reviewed and approved at least three weeks ahead of the Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11 Attachment E - Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc.        Item 11: Staff Report Pg. 50  Packet Pg. 306 of 578  Docusign Envelope ID: 57F208E4-2F40-4088-A6F8-F8F27661D783 Page 14 of 28 Vers.: Aug. 5, 2019 actual outage/shutdown. c. CONSULTANT shall facilitate/coordinate shutdowns with the CONTRACTOR, CITY and ENGINEER. i. CITY is responsible for reviewing and approving system outage request and duration, confirming the outage is properly planned, implementing the outage, and bringing services back online after the outage. 12. Means and Methods of Construction a. CONSULTANT shall not direct the means and methods of construction. CONTRACTOR shall be solely responsible for the means and methods of construction. Concerns or suggestions regarding the CONTRACTOR’s means and methods shall be communicated to CITY and ENGINEER. 13. Construction Staging and laydown Area CONSULTANT shall periodically observe the construction staging and laydown areas to check if: a. Equipment and materials are being stored in accordance with the manufacturers’ procedure (e.g., protection from weathering elements). b. Exiting plant equipment (e.g., electrical switchgear) are being protected. c. Heavy loads are not concentrated at or adjacent to locations were underground utility (s) is present. d. CONTRACTOR is maintaining any necessary access. e. Site is cleaned up each day. f. Site is isolated and general public and wildlife are protected. 14. Safety a. CONSULTANT shall comply with appropriate regulatory, project and CITY codes in addition to CONSULTANT’s Health and Safety Plan regarding necessary safety equipment and procedures used during performance of the CONSULTANT’s work and shall take necessary precautions for safe operation of the CONSULTANT’s work, and the protection of the CONSULTANT’s personnel from injury and damage from such work. b. Neither the professional activities of the CONSULTANT, nor the presence of the CONSULTANT’s employees or sub-consultants at the construction/project site, shall relieve the CONTRACTOR and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending, or coordinating their work in accordance with the Contract Documents, City codes, and any health or safety precautions required by pertinent regulatory agencies. CONSULTANT and its personnel have no authority to exercise any control over any CONTRACTOR or other entity or their employees in connection with their work or any health or safety precautions. 15. Corrective Work Item List a. The CONSULTANT shall prepare and maintain a Corrective Work Item list (CWL) with the input from the CITY and ENGINEER. b. CONSULTANT shall confirm that the items identified in the CWL are completed in preparation for issuance of Substantial Completion Certificate (SCC). c. CONSULTANT shall prepare the SCC for execution by the CITY and the CONTRACTOR when the Corrective Work Items are completed to the CITY’s, ENGINEER’s and The CONSULTANT’s satisfaction. 16. Allowance for Non-Regular Work Hours Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11 Attachment E - Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc.        Item 11: Staff Report Pg. 51  Packet Pg. 307 of 578  Docusign Envelope ID: 57F208E4-2F40-4088-A6F8-F8F27661D783 Page 15 of 28 Vers.: Aug. 5, 2019 CITY may set an allowance for inspection services during non-regular work hours such as night time and weekends. CONSULTANT shall estimate sufficient hours to cover all inspectional services. Authorization by City Project Manager is required prior to scheduling overtime work. Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11 Attachment E - Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc.        Item 11: Staff Report Pg. 52  Packet Pg. 308 of 578  Docusign Envelope ID: 57F208E4-2F40-4088-A6F8-F8F27661D783 Page 16 of 28 Vers.: Aug. 5, 2019 Work Order No. 4A: Milestone Schedule of Performance TASK # MILESTONES COMPLETION FROM WORK ORDER #4A NOTICE TO DATE Task 1 Construction Phase 16 Weeks 9/15/2025 Work Order No. 4A: Milestone Compensation Schedule TASK # MILESTONES Task 1 Construction Phase $306,000 Reimbursable Expenses $0 Additional Services including Inspection Allowance (per Section 4) (Not to Exceed) $91,400 Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11 Attachment E - Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc.        Item 11: Staff Report Pg. 53  Packet Pg. 309 of 578  Docusign Envelope ID: 57F208E4-2F40-4088-A6F8-F8F27661D783 Page 17 of 28 Vers.: Aug. 5, 2019 EXHIBIT “B” SCHEDULE OF PERFORMANCE, AMENDMENT NO. 6 (AMENDED, REPLACES PREVIOUS) Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.) The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement. WORK ORDER #2 Tasks 1-5 completed within 125 Weeks from the Notice to Proceed for Work Order 2, as detailed in the Milestone Schedule of Performance attached to Work Order #2 (Amendment No.1). WORK ORDER #3 Tasks 1-5 completed within 276 Weeks from the Notice to Proceed for Work Order 3, as detailed in the Milestone Schedule of Performance attached to Work Order #3 (Amendment No.2). WORK ORDER #1A Tasks 1-3 completed within 37 Weeks from the Notice to Proceed for Work Order 1A, as detailed in the Milestone Schedule of Performance attached to Work Order #1A (Amendment No.3). WORK ORDER #5 Tasks 1-5 completed within 186 Weeks from the Notice to Proceed for Work Order 5, as detailed in the Milestone Schedule of Performance attached to Work Order #5 (Amendment No.4). WORK ORDER #2B Tasks 1-4 completed within 186 Weeks from the Notice to Proceed for Work Order 2B, as detailed in the Milestone Schedule of Performance attached to Work Order #2B (Amendment No.5). WORK ORDER #4A Task 1 completed within 16 Weeks from the Notice to Proceed for Work Order 4A, as detailed in the Milestone Schedule of Performance attached to Work Order #4A (Amendment No.6). Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11 Attachment E - Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc.        Item 11: Staff Report Pg. 54  Packet Pg. 310 of 578  DocuSign Envelope ID: 0E6C747C-1EC7-4B0F-8F92-1A8521AE4DD8 DocuSign Envelope ID: 2DEF7E2C-088E-48E4-AC22-3618BA6DB187 Docusign Envelope ID: 57F208E4-2F40-4088-A6F8-F8F27661D783 Vers.: Aug. 5, 2019 Page 24 of 28 EXHIBIT “C” COMPENSATION, AMENDMENT #5 (AMENDED, REPLACES PREVIOUS) CITY agrees to compensate CONSULTANT for on-call, as-needed, time-limited project support services performed in accordance with the terms and conditions of this Agreement, and as set forth in a specific Task Order budget schedule. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth in a specific Task Order. CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories within a specific Task Order, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement. CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY. REIMBURSABLE EXPENSES CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder. Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of $0.00. WORK ORDER #2 Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #2., Not to Exceed: Total Basic Services and Reimbursable Expenses $549,315 Maximum Total Compensation $604,247 Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11 Attachment E - Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc.        Item 11: Staff Report Pg. 55  Packet Pg. 311 of 578  DocuSign Envelope ID: 0E6C747C-1EC7-4B0F-8F92-1A8521AE4DD8 DocuSign Envelope ID: 2DEF7E2C-088E-48E4-AC22-3618BA6DB187 Docusign Envelope ID: 57F208E4-2F40-4088-A6F8-F8F27661D783 Vers.: Aug. 5, 2019 Page 25 of 28 WORK ORDER #3 Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #3., Not to Exceed: Total Basic Services and Reimbursable Expenses $7,488,201 Maximum Total Compensation $8,237,021 WORK ORDER #1A Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #1A., Not to Exceed: Total Basic Services and Reimbursable Expenses $246,700 Maximum Total Compensation $388,538 WORK ORDER #5 Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #5., Not to Exceed: Total Basic Services and Reimbursable Expenses $3,773,987 Maximum Total Compensation $4,151,386 WORK ORDER #2B Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #2B., Not to Exceed: Total Basic Services and Reimbursable Expenses $1,194,720 Maximum Total Compensation $1,314,192 Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11 Attachment E - Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc.        Item 11: Staff Report Pg. 56  Packet Pg. 312 of 578  DocuSign Envelope ID: 0E6C747C-1EC7-4B0F-8F92-1A8521AE4DD8 DocuSign Envelope ID: 2DEF7E2C-088E-48E4-AC22-3618BA6DB187 Docusign Envelope ID: 57F208E4-2F40-4088-A6F8-F8F27661D783 Vers.: Aug. 5, 2019 Page 26 of 28 WORK ORDER #4A Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #4A., Not to Exceed: Total Basic Services and Reimbursable Expenses $306,000 Maximum Total Compensation $397,800 Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11 Attachment E - Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc.        Item 11: Staff Report Pg. 57  Packet Pg. 313 of 578  DocuSign Envelope ID: 0E6C747C-1EC7-4B0F-8F92-1A8521AE4DD8 DocuSign Envelope ID: 2DEF7E2C-088E-48E4-AC22-3618BA6DB187 Docusign Envelope ID: 57F208E4-2F40-4088-A6F8-F8F27661D783 Vers.: Aug. 5, 2019 Page 27 of 28 EXHIBIT “C-3” SCHEDULE OF RATES, AMENDMENT NO. 6 (ADDED) SUBCONSULTANTS’ schedule of rates is as follows (by calendar year): BAY AREA COATING CONSULTANTS, INC. (BACC)-Effective as of Amendment #6 Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11 Attachment E - Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc.        Item 11: Staff Report Pg. 58  Packet Pg. 314 of 578  DocuSign Envelope ID: 0E6C747C-1EC7-4B0F-8F92-1A8521AE4DD8 DocuSign Envelope ID: 2DEF7E2C-088E-48E4-AC22-3618BA6DB187 Docusign Envelope ID: 57F208E4-2F40-4088-A6F8-F8F27661D783 Vers.: Aug. 5, 2019 Page 28 of 28 Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11 Attachment E - Amendment No. 6 to Contract No. C21179265C with Carollo Engineers, Inc.        Item 11: Staff Report Pg. 59  Packet Pg. 315 of 578  City Council Staff Report From: City Attorney Report Type: CONSENT CALENDAR Lead Department: City Attorney Meeting Date: June 9, 2025 Report #:2505-4618 TITLE Approval of Contract Amendment Number 1 to Contract Number C24193066 with Origami Risk in the Amount of $3,163 for API Integration Resulting in a New Not-to-Exceed Amount of $209,473 for claims processing services. CEQA Status – Not a Project. RECOMMENDATION Staff recommends that City Council approve and authorize the City Manager or designee to execute Amendment No. 1 to Contract Number C24193066 with Origami Risk (Attachment A), to provide claims processing services for a term of 3 years, to increase the contract by $3,163 for a revised total contract not-to-exceed amount of $209,473. BACKGROUND The City Attorney's Office is responsible for processing and investigating all claims and handling litigation brought against or by the City. After assessing the Office's needs through interviews of key personnel, the City Attorney’s Office conferred with surrounding jurisdictions, researched the market and various systems online, and received demonstrations of system capabilities from several potential vendors and settled on Origami Risk as the replacement system to Cycom Data Systems. Origami Risk (“Origami”) connects data, automates workflows, provides access to analytics and insights, and improves collaboration and communication. Origami is a privately held company led and wholly owned by an experienced management team. Council approved the Origami contract in the amount of $206,310 on December 16, 20241. While building out the system, it was discovered that having the capability for claims to upload into the Origami system in real time would be the most efficient and show the most accurate data for reporting and investigating purposes. This amendment will add $3,163 to the Origami Risk contract for the added functionality of API Access which will allow claims against the City to automatically update into the Origami Risk 1 City Council ,December 16, 2024, Agenda Item 17, Staff Report 2411-3837 https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=fa1f2b20-bd3c-4af2-90c4-6011425999bf Item 12 Item 12 Staff Report        Item 12: Staff Report Pg. 1  Packet Pg. 316 of 578  system. This amendment will continue the existing term of the contract which expires December 16, 2027. FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Item 12 Item 12 Staff Report        Item 12: Staff Report Pg. 2  Packet Pg. 317 of 578  CONFIDENTIAL ORDER FORM #20250404 CONTACT INFORMATION Client: City of Palo Alto Bill To Contact: Address: 250 Hamilton Ave. Palo Alto, California 94301 Bill To Email: tricia.hoover@cityofpaloalto.org Primary Contact: Tricia Hoover Is purchase order (PO) required? Primary Contact Email: tricia.hoover@cityofpaloalto.org Upon entering into this Order Form, please send any Pos, vendor registration links or tax exemption certificates to finance@origamirisk.com SUBSCRIPTION DETAILS Effective Date: 2025-04-04 End Date: 2027-12-16 RECURRING SUBSCRIPTIONS – LICENSES Subscription Quantity / Functionality Purchased Added Origami API Access Up to 5,000 call(s) per day Subscription added Current Period Total: $5,175.00 Subscription added Annual Total: $6,900.00 RECURRING SUBSCRIPTIONS – DATA PROCESSING Subscription Quantity / Functionality Removed OpenForms Import or Export Functionality Removed Subscription removed Current Period Total: ($4,312.50) Subscription removed Annual Total: ($5,750.00) Total Current Period Fees: $862.50 Total Annual Fees: $1,150.00 BILLING DETAILS AND ADDITIONAL TERMS This Order Form is effective as of the Effective Date (as identified above) for the purchase of the subscription services listed above from Origami Risk LLC (“Origami”). This Order Form is subject to all the terms and conditions of the underlying agreement between Client and Origami (the “Agreement”). To the extent the Agreement does not contemplate order forms, this Order Form will be deemed a Statement of Work for purposes of the Agreement. This Order Form will be deemed a part of the Agreement. Fees for the current year of recurring subscription fees and all one-time fees under this Order Form will be invoiced and due upon execution of this Order Form. Fees for ongoing contract years are due annually upfront on each anniversary date thereafter. All fees are subject to applicable sales tax, which will appear separately on each invoice. All travel costs and expenses will be pre-approved by Client in writing and billed to Client as incurred. Service descriptions and service-specific terms and conditions are set forth at origamirisk.com/servicedescriptions, which are hereby incorporated by reference in the form available at such link as of the Effective Date. Additional professional services may be set forth in other Statements of Work as agreed between the parties. Item 12 Attachment A - Origami Risk, C24193066, Amendment No. 1        Item 12: Staff Report Pg. 3  Packet Pg. 318 of 578  CONFIDENTIAL ORDER FORM APPROVAL The undersigned agree to this Order Form. ORIGAMI RISK LLC CITY OF PALO ALTO By: __________________________________ By: __________________________________ Name: Earnest Bentley Name: _______________________________ (Print Name) (Print Name) Title: President, Risk Solutions Date: April 3, 2025 Title: _________________________________ Date: ________________________________ Item 12 Attachment A - Origami Risk, C24193066, Amendment No. 1        Item 12: Staff Report Pg. 4  Packet Pg. 319 of 578  Page i STATEMENT OF WORK #20250404 This Statement of Work (“SOW”) describes services to be performed by Origami Risk LLC (“Origami”) for City of Palo Alto (“Client”). This SOW is subject to all the terms and conditions of the underlying agreement between Client and Origami (the “Agreement”). Capitalized terms used herein shall have the meanings set forth in the Agreement. TERM The term of this SOW shall begin upon the execution of this SOW by both parties and shall terminate upon the completion of the implementation work described herein. IMPLEMENTATION Implementation is the process of configuring the Service for use by Client as contemplated in the “Implementation Scope” section of this SOW. Client’s provision of timely and accurate specifications, direction and feedback is essential to the implementation. Both parties understand that time is of the essence with regard to the implementation and agree to use reasonable and good faith efforts to promptly complete the implementation. Based on conversations with the Client, this SOW includes up to 60 hours of professional services for the implementation deliverables set forth in this SOW. In the event that additional hours are needed to complete the implementation deliverables, the parties may enter into a separate amendment or statement of work to purchase such additional hours. Implementation Scope This SOW Removes the following deliverables from SOW #20245000 (60 Hours): Integrations Deliverable Scope Open Cities/ Open Forms Import Deploy the Origami standard import process to perform bulk inserts and updates of data. Assumptions: • Open Cities/Open Forms is the system of record. • Client will provide the data file in delimited or fixed width format using Origami’s standard layout. This SOW adds the following deliverables: RMIS Configuration Deliverable Scope API/Web Service Lookup Provide configuration of claims data API/Web Service Lookup to Open Forms Includes: • Intake of claims information from the client’s Open Forms System and loading to Origami via an API Assumptions: • Integrations using the Origami API will be based on a REST protocol. • Client will provide access to their API and provide support and assistance with data mapping CLIENT ROLES AND RESPONSIBILITIES • Client will designate, prior to the start of the implementation, a single point of contact who shall be responsible to coordinate and manage all activities required within Client’s organization to complete Client’s tasks on the project schedule and make decisions on behalf of Client. This single point of contact may be changed at any time upon Client’s notice to Origami. Item 12 Attachment A - Origami Risk, C24193066, Amendment No. 1        Item 12: Staff Report Pg. 5  Packet Pg. 320 of 578  Page ii • Client will provide requested information within a reasonable timeframe as agreed upon by Client and Origami; if providing the requested information is not achievable or will take longer than preferred, Client will promptly inform Origami of the situation and alternative solutions will be determined. • Client will help resolve project issues and assist with bringing issues to the attention of the appropriate persons within the organization, as required. • Client will coordinate all activity of Client’s 3rd party providers required to complete tasks on the project schedule and Client will be primarily responsible for obtaining information and resolving any issues pertaining to third party products or services used by Client, if necessary. Client will be responsible for any charges levied by 3rd party providers. • Client agrees generally to provide other reasonable assistance and cooperation to see that services are successfully completed (e.g., participate in status calls and working meetings, provide specifications, direction, and feedback as needed by Origami in a timely manner, etc.) • For any deliverables that Origami provides to Client for approval, Client will confirm approval or provide necessary details on any requested remediation promptly. • Client will be responsible for testing and quality assurance related to the implementation within the timeframe as agreed upon in the project schedule. Client will ensure that all configurations and customizations operate as intended (including functionality, usability and data access rights), and Origami shall not be responsible for any damages caused by any such configurations or customizations. • Client will have final responsibility for decisions regarding all configurations and customizations (such as forms, dashboards, interfaces, reports, workflows and data flows), as agreed upon in the design documentation created by or for Client or Client’s users in the Service. • Outside of the implementation scope set forth in this SOW, Client shall have the ability to configure additional default dashboards, fields, forms, user roles, distribution lists, reports and other features as needed by Client. • Client will review and approve specifications provided by Origami and acknowledges that requests for substantial deviations from the specification are outside the scope of the project. PRICING AND INVOICE SCHEDULE There is no fee associated with this SOW. If needed, additional professional services can be purchased through a separate statement of work. All fees are subject to state sales tax, where applicable. All travel costs and expenses will be pre-approved by Client in writing and billed to Client as incurred. STATEMENT OF WORK APPROVAL The undersigned agree to this Statement of Work. ORIGAMI RISK LLC CITY OF PALO ALTO By: __________________________________ By: __________________________________ Name: Earnest Bentley Name: _______________________________ (Print Name) (Print Name) Title: President, Risk Solutions Date: April 4, 2025 Title: _________________________________ Date: ________________________________ Item 12 Attachment A - Origami Risk, C24193066, Amendment No. 1        Item 12: Staff Report Pg. 6  Packet Pg. 321 of 578  City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Human Resources Meeting Date: June 9, 2025 Report #:2505-4674 TITLE Approval of Contract Amendment Number 1 to Contract Number S22183280 with Sloan Sakai Yeung & Wong, LLP for Legal Services, Extending the Term to July 1, 2028 and Increasing the Amount Not to Exceed by $200,000, Bringing the New Total Not to Exceed to $455,000; CEQA Status – Not a Project. RECOMMENDATION Staff recommends that the City Council approve and authorize the City Manager or designee to execute Amendment No 1. to Contract No. S22183280 (Attachment A), with Sloan Sakai Yeung & Wong, LLP to extend the term by three years and increase the amount not-to-exceed $200,000 for on-going labor negotiation legal services. This amendment results in a revised total contract not-to-exceed amount of $455,000 through July 1, 2028. BACKGROUND Using outside legal counsel for complex labor contract negotiations helps ensure the City follows all local, state, and federal laws while protecting its interests. Some labor agreements can be more intricate than others and may have a myriad of items involved that must comply with collective bargaining laws, employment regulations, and legal best practices. Outside counsel provides specialized expertise, helps avoid legal risks, and offers an objective perspective in negotiations. Their support ensures agreements are legally sound, fair, and in the best interest of both the City and its employees. ANALYSIS This report requests approval to amend the City's existing legal services contract with Sloan Sakai Yeung & Wong, LLP to support ongoing labor negotiations. With several union contracts set to expire this year, expert legal counsel is essential to navigating the complex and sensitive issues involved. The amendment increases the contract’s not-to-exceed amount from $255,000 to $455,000, adding $200,000 to cover ongoing and future legal services. Human Resources is Item 13 Item 13 Staff Report        Item 13: Staff Report Pg. 1  Packet Pg. 322 of 578  using exemption 2.30.360(g)1 to proceed with this amendment without a competitive solicitation. To date, nearly $200,000 has been paid under the current contract. The additional funding will support labor negotiations through July 1, 2028. Human Resources (HR) staff has recognized the value of using third-party legal counsel, and the continuation of these essential services is critical to effectively balancing the inherent tension to negotiate and close out contract negotiations while protecting City and employee interests and maintaining positive relationships with union partners. •Duration: 3-year extension, resulting in a 6-year contract. The three-year extension includes an average annual rate increase of 7.33% for contract years 2026–2028 compared to the prior 3-year term, reflecting inflation and the value of specialized legal expertise. •Scope of legal services including but are not limited to: o Pre labor negotiations services o Draft policy and parameters recommendations for negotiations o Conduct negotiations with bargaining units o Draft, present and finalize final agreement o Handle post negotiation issues and documentation FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW 1 Legal services contracts, including, without limitation, the services of outside counsel, consultants and other experts needed for litigation, administrative or other legal proceedings. Item 13 Item 13 Staff Report        Item 13: Staff Report Pg. 2  Packet Pg. 323 of 578  will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5). ATTACHMENTS APPROVED BY: Item 13 Item 13 Staff Report        Item 13: Staff Report Pg. 3  Packet Pg. 324 of 578  Vers.: Aug. 5, 2019 Page 1 of 10 AMENDMENT NO. 1 TO CONTRACT NO. S22183280 BETWEEN THE CITY OF PALO ALTO AND SLOAN SAKAI YEUNG & WONG, LLP. This Amendment No. 1 (this “Amendment”) to Contract No. S22183280 (the “Contract” as defined below) is entered into as of May 26, 2025, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and SLOAN SAKAI YEUNG & WONG, LLP., a Limited Liability Partnership, located at 555 Capitol Mall, Suite 600, Sacramento, CA 95814 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment. R E C I T A L S A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of labor negotiation legal services, as detailed therein. B. The Parties now wish to amend the Contract in order to extend the term by thirty six (36) months, changing the expiration date from July 1, 2025 to July 1, 2028 and increase compensation value for an additional Two Hundred Thousand Dollars ($200,000), changing total not-to-exceed compensation from Two Hundred Fifty Five Thousand Dollars ($255,000) to Four Hundred Fifty Five Thousand Dollars ($455,000). NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term “Contract” shall mean Contract No. S22183280_ between CONSULTANT and CITY, dated July 1, 2022. b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 1. “SCOPE OF SERVICES” of the Contract is hereby amended to read as follows: “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. Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.) Docusign Envelope ID: D9E5E771-2348-428F-8621-EDB34412ACA2 Item 13 Attachment A - Sloan Sakai Yeung & Wong, LLP; Contract No. S22183280 Amendment No. 1        Item 13: Staff Report Pg. 4  Packet Pg. 325 of 578  Vers.: Aug. 5, 2019 Page 2 of 10 CITY may elect to, but is not required to, authorize on-call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation). CONSULTANT shall provide on-call Services only by advanced, written authorization from CITY as detailed in this Section. On-call Services, if any, shall be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1 entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for on-call Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation due to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on-call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement.” SECTION 3. Section 2. “TERM” of the Contract is hereby amended to read as follows: “The term of this Agreement shall be effective as of July 1, 2022 through July 1, 2028 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.” SECTION 4. Section 4. “NOT TO EXCEED COMPENSATION” of the Contract is hereby amended to read as follows: “The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Four Hundred Fifty Five Thousand Dollars ($455,000). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.” SECTION 5. Section 30. “EXHIBITS” of the Contract is hereby amended to read as follows: “Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein: EXHIBIT A: SCOPE OF SERVICES Docusign Envelope ID: D9E5E771-2348-428F-8621-EDB34412ACA2 Item 13 Attachment A - Sloan Sakai Yeung & Wong, LLP; Contract No. S22183280 Amendment No. 1        Item 13: Staff Report Pg. 5  Packet Pg. 326 of 578  Vers.: Aug. 5, 2019 Page 3 of 10 EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER EXHIBIT B: SCHEDULE OF PERFORMANCE EXHIBIT C: COMPENSATION EXHIBIT C-1: SCHEDULE OF RATES EXHIBIT D: INSURANCE REQUIREMENTS” SECTION 6. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference: a. Exhibit “A” entitled “SCOPE OF SERVICES”, AMENDED, REPLACES PREVIOUS. b. Exhibit “A-1” entitled “PROFFESIONAL SERVICE”, ADDED. c. Exhibit “B” entitled “SCHEDULE OF PERFORMANCES”, AMENDED, REPLACES PREVIOUS. d. Exhibit “C-1” entitled “SCHEDULE OF RATES”, AMENDED, REPLACES PREVIOUS. SECTION 7. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 8. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) Docusign Envelope ID: D9E5E771-2348-428F-8621-EDB34412ACA2 Item 13 Attachment A - Sloan Sakai Yeung & Wong, LLP; Contract No. S22183280 Amendment No. 1        Item 13: Staff Report Pg. 6  Packet Pg. 327 of 578  Vers.: Aug. 5, 2019 Page 4 of 10 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: City Attorney or Designee SLOAN SAKAI YEUNG & WONG, LLP. Officer 1 By: Name: Title: Officer 2 By: Name: Title: Attachments:  EXHIBIT A – SCOPE OF SERVICES, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS)  EXHIBIT A-1 – PROFFESIONAL TASK ORDER, AMENDMENT NO.1 (ADDED)  EXHIBIT B – SCHEDULE OF PERFORMANCES, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS)  EXHIBIT C-1 – SCHEDULE OF RATES, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS) Docusign Envelope ID: D9E5E771-2348-428F-8621-EDB34412ACA2 Charles Sakai Partner Allyson Hauck Partner Item 13 Attachment A - Sloan Sakai Yeung & Wong, LLP; Contract No. S22183280 Amendment No. 1        Item 13: Staff Report Pg. 7  Packet Pg. 328 of 578  Vers.: Aug. 5, 2019 Page 5 of 10 EXHIBIT A SCOPE OF SERVICES, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS) CONSULTANT will provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services CONSULTANT will provide Labor Negotiations On-Call Services as described in the following phases below. Phase I: REVIEW INFORMATION To prepare for contract negotiation planning, CONSULTANT will obtain and review information 60-90 days prior to the expiration of contract by performing tasks including but not limited to the following: A. Advise and consult with City Manager and Employee Relations to understand employment conditions and employer-employee relations, as well as on City economic parameters and overall labor relations strategy. B. Review relevant financial data related to City budget and negotiation's economic parameters. C. Identify the CITY's bargaining team members. D. Prepare negotiations primer for Team (HR Director, City Manager, Chief Financial Officer and CONSULTANT), as needed. Some jurisdictions request that CONSULTANT train their negotiations teams so that the CITY will be in a position to conduct their own negotiations in the future. E. Review Memorandum Of Agreements; identify operational issues and possible proposals; review grievances, arbitrations and/or Public Employment Relations Board cases if any since the last contract negotiations; gain understanding of CITY's fiscal picture for upcoming fiscal years; conduct salary and compensation analysis (note: Sloan Sakai has a classification and compensation group), review CITY’s Employer Employee Relations Policy related to bargaining and/or impasse procedures and identification of any major CITY issues for overall negotiations (i.e. concessions, medical or pension issues) and specific bargaining units. F. Discuss with Team bargaining history for each unit and identify expected employee issues in bargaining for this phase. Docusign Envelope ID: D9E5E771-2348-428F-8621-EDB34412ACA2 Item 13 Attachment A - Sloan Sakai Yeung & Wong, LLP; Contract No. S22183280 Amendment No. 1        Item 13: Staff Report Pg. 8  Packet Pg. 329 of 578  Vers.: Aug. 5, 2019 Page 6 of 10 G. Generate 1% of payroll for each bargaining unit and review benefits and medical information. Phase II: DRAFT POLICY CONSULTANT will Draft Policy and Parameters Recommendations A. Based on the information obtained and reviewed in Phase 1 by Team (HR Director, City Manager, Chief Financial Officer and CONSULTANT) develop overall policy and parameter recommendations for City Council consideration prior to negotiations; and B. Draft proposals consistent with direction of City policy makers. Phase III: NEGOTIATIONS CONSULTANT will conduct Negotiations with each Bargaining Unit: A. Meet and confer in good faith with representatives of the employee organizations to develop consistent ground rules. B. Generate a proposal tracking form that tracks union and CITY proposals on an ongoing basis for quick reference that can be used to report to and update the City Manager and City Council. C. Generate information request tracker which identifies the date of each information request, the subject of the request, the date the CITY responded, and the information provided. D. Conduct analysis and consult regarding union's proposal and Team recommendation, prepare City proposals and counter proposals for Council consideration and communicate with the Council if union proposals are outside of the overall parameters provided by the Council. E. Train official note taker on how to take comprehensive bargaining notes. F. Generate bargaining proposal/counter proposal language on an ongoing and timely basis with Team; prepare MOA language based on negotiated agreements. G. Work with Team on analyzing Union/Association proposals and determining if additional research is necessary to respond to proposal. H. Ensure that Team reviews with Departments on operational issues that arise through bargaining if requested by the City Manager or Employee Relations. I. Maintain ongoing communications with the City Manager, City Council and Employee Relations through written and/or oral reports; J. Negotiate to tentative agreement or through new AB 646 in the California Government Code, Section 3505.4 through 3505.7 impasse procedures if necessary. Phase IV: FINAL AGREEMENT Upon reaching Final Agreement, CONSULTANT will: A. Prepare tentative agreements using the City's format. B. Obtain overall tentative agreement authorization with the City Council. C. Prepare and present overall tentative agreement to the City Council in closed session. D. Ensure that all contract languages are finalized and signed. E. Assist the CITY in drafting Staff Reports, Resolutions, and finalized MOA documents. Docusign Envelope ID: D9E5E771-2348-428F-8621-EDB34412ACA2 Item 13 Attachment A - Sloan Sakai Yeung & Wong, LLP; Contract No. S22183280 Amendment No. 1        Item 13: Staff Report Pg. 9  Packet Pg. 330 of 578  Vers.: Aug. 5, 2019 Page 7 of 10 Phase V: CLOSING-OUT NEGOTIATIONS Upon finalizing the Agreement, CONSULTANT will: A. Review negotiations files to ensure CITY has a complete set of files for its records. B. Resolve any post negotiation issues as directed, including consulting as to resolving employer/employee issues inclusive of grievances, assisting with preparation and presentation of arbitrations. Docusign Envelope ID: D9E5E771-2348-428F-8621-EDB34412ACA2 Item 13 Attachment A - Sloan Sakai Yeung & Wong, LLP; Contract No. S22183280 Amendment No. 1        Item 13: Staff Report Pg. 10  Packet Pg. 331 of 578  Vers.: Aug. 5, 2019 Page 8 of 10 EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER, AMENDMENT NO.1 (ADDED) CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE) 1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): 1B. TASK ORDER NO.: 2. CONSULTANT NAME: 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________ 5. BUDGET CODE_______________ COST CENTER________________ COST ELEMENT______________ WBS/CIP__________ PHASE__________ 6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A) MUST INCLUDE:  SERVICES AND DELIVERABLES TO BE PROVIDED  SCHEDULE OF PERFORMANCE  MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)  REIMBURSABLE EXPENSES, if any (with “not to exceed” amount) 8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________ I hereby authorize the performance of the work described in this Task Order. APPROVED: CITY OF PALO ALTO BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________ this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: COMPANY NAME: ______________________ BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________ Docusign Envelope ID: D9E5E771-2348-428F-8621-EDB34412ACA2 Item 13 Attachment A - Sloan Sakai Yeung & Wong, LLP; Contract No. S22183280 Amendment No. 1        Item 13: Staff Report Pg. 11  Packet Pg. 332 of 578  Vers.: Aug. 5, 2019 Page 9 of 10 EXHIBIT B SCHEDULE OF PERFORMANCE, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS) CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. Milestones Number of Days/Weeks (as specified below) 1. Phase 1: Review Information 60-90 days prior to the expiration of contract 2. Phase 2: Draft Policy To be determined (TBD) by Task Order within term of Agreement. 3. Phase 3: Negotiations TBD by Task Order within term of Agreement. 4. Phase 4: Final Agreement TBD by Task Order within term of Agreement. 5. Phase 5: Closing-out Negotiations TBD by Task Order within term of Agreement. Docusign Envelope ID: D9E5E771-2348-428F-8621-EDB34412ACA2 Item 13 Attachment A - Sloan Sakai Yeung & Wong, LLP; Contract No. S22183280 Amendment No. 1        Item 13: Staff Report Pg. 12  Packet Pg. 333 of 578  Vers.: Aug. 5, 2019 Page 10 of 10 EXHIBIT C-1 SCHEDULE OF RATES, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS) CONSULTANT’s schedule of rates is as follows: 2022 to 2025 Rates: 2026 to 2028 (Amendment No.1) Rates: Docusign Envelope ID: D9E5E771-2348-428F-8621-EDB34412ACA2 Item 13 Attachment A - Sloan Sakai Yeung & Wong, LLP; Contract No. S22183280 Amendment No. 1        Item 13: Staff Report Pg. 13  Packet Pg. 334 of 578  City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Fire Meeting Date: June 9, 2025 Report #:2504-4596 TITLE FIRST READING: Adoption of an Ordinance amending Section 15.04.410 (Definition of Wildland- Urban Interface Fire Area) to adopt and incorporate the 2025 CAL FIRE Fire Hazard Severity Zone (FHSZ) Map for the City of Palo Alto. CEQA status: Not a Project. RECOMMENDATION Staff recommends that the City Council adopt Exhibit the CAL FIRE Fire Hazard Severity Zone (FHSZ) map, as recommended by the California Department of Forestry and Fire Protection (CAL FIRE), for areas within the City of Palo Alto's jurisdiction. EXECUTIVE SUMMARY CAL FIRE is mandated by state law to identify and map areas with significant fire hazards, and periodically revise and update its designation of zones. These maps, known as Fire Hazard Severity Zone (FHSZ) maps, categorize areas based on factors that influence fire likelihood and behavior. Updates in state law since 2021 now require that a local agency, including the City of Palo Alto, designate by ordinance the moderate, high, and very high FHSZs in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal. (Gov. Code 51179(a)). Recent updates to the state’s FHSZ maps were issued for the Bay Area, including Palo Alto, February 24, 2025.The City has provided opportunities for public review and comment on the CAL FIRE FHSZ map March 26 through April 30, 2025, and adoption of the CAL FIRE FHSZ map is a necessary next step to protect the City of Palo Alto from the increasing threat of wildfires. It ensures compliance with state law, enhances public safety, and promotes responsible land-use planning. Staff recommends that the City Council adopt the map as presented. Under state law, a local agency has discretion to add areas not identified by the State Fire Marshal or increase the fire hazard severity identified by the state, but not to remove areas or reduce the hazard severity level (Gov. Code 51179(b)). Item 14 Item 14 Staff Report        Item 14: Staff Report Pg. 1  Packet Pg. 335 of 578  BACKGROUND •Wildfire Preparedness: They provide critical information for residents, property owners, and the City to understand the level of fire hazard in specific areas. •Building Codes: The maps inform building code requirements, particularly for new construction and renovations, to enhance structural resistance to wildfire. •Defensible Space: The maps guide the implementation and enforcement of defensible space regulations, which are crucial for protecting structures from approaching wildfires. •Emergency Planning: The maps assist in developing effective wildfire mitigation and response plans. •Designating areas where California’s defensible space standards and wildland urban interface building codes are required. •General plan considerations: Local governments may consider them in their general plans. 1. The Policy & Services Committee reviewed an audit completed by the City Auditor regarding wildfire preparedness2 and an expanded report outlining activities underway, this was approved unanimously and is scheduled for the Council Consent Calendar. In addition, the following items 1 Palo Alto Begins Wildfire Preparedness Public Discussions; https://www.paloalto.gov/News-Articles/City- Manager/Palo-Alto-Begins-Wildfire-Preparedness-Public-Discussions 2 Policy & Services Committee, Item 14 Item 14 Staff Report        Item 14: Staff Report Pg. 2  Packet Pg. 336 of 578  are scheduled in June that continue the conversation around wildfire preparedness for the City of Palo Alto: •City Council will consider approval of an easement in the Palo Alto foothills to support the undergrounding of the electric transmission line (upon approval by Mid-Peninsula Open Space District). •Utilities Advisory Commission will review the 2025 Utilities Wildfire Mitigation Plan at their meeting on June 4. •The City’s Foothills Fire Management Plan updates and the Santa Clara County Community Wildfire Protection Plan, a combined effort will be finalized. •City Council will consider annual weed abatement orders involving private properties. ANALYSIS •Compliance with State Law: State law mandates that local agencies adopt the FHSZ maps. •Enhanced Public Safety: Adopting the map enables the City to better protect its residents and property from the increasing threat of wildfires. It provides a foundation for implementing effective mitigation measures and enforcing necessary regulations. •Improved Planning and Development: The map will inform land-use planning and development decisions, ensuring that new construction and infrastructure projects are designed to minimize fire risks. •Access to Funding: Adoption of the FHSZ maps may be a prerequisite for accessing certain state and federal funding for wildfire prevention and mitigation projects. •Understanding Fire Hazard Severity Zones: It is important to note that the Fire Hazard Severity Zone map evaluates "hazard," not "risk." "Hazard" is based on the physical conditions that create a likelihood and expected fire behavior over a 30 to 50-year period without considering mitigation measures. "Risk" is the potential damage a fire can do to the area under existing conditions, accounting for modifications such as fuel reduction projects, defensible space, and ignition-resistant construction. Item 14 Item 14 Staff Report        Item 14: Staff Report Pg. 3  Packet Pg. 337 of 578  Key elements of the Fire Hazard Severity Zone model: The fire hazard severity model for wildland fire has two key elements: 1) probability of an area burning and 2) expected fire behavior under extreme fuel and weather conditions. The zones reflect areas that have similar burn probabilities and fire behavior characteristics. •Factors considered in determining fire hazard within wildland areas are fire history, flame length, terrain, local weather, and potential fuel over a 50-year period. •Outside of wildlands, the model considers factors that might lead to buildings being threatened, including terrain, weather, urban vegetation cover, blowing embers, proximity to wildland, fire history, and fire hazard in nearby wildlands. •FHSZs are not a structure loss model, as key information regarding structure ignition (such as roof type, etc.) is not included. •The model places an emphasis on the spread of embers. Embers can travel long distances in the wind and ignite vegetation, roofs, attics, and decks. •Areas immediately adjacent to wildland receive the same FHSZ score as that wildland where fire originates, and the model then produces lower scores as the distance to the wildland edge increases. •In wildland areas, zone edges are a result of the way zones are delineated. Zones represent areas of similar slope and fuel potential. How Fire Hazard Severity Zones are determined: CAL FIRE used the best available science and data to develop and field-test a model that served as the basis of zone assignments. The model evaluated the probability of the area burning and potential fire behavior in the area. •Many factors were included, such as fire history, vegetation, flame length, blowing embers, proximity to wildland, terrain, and weather. •A 2 km grid of climate data covering the years 2003-2018 is being used in the update. The previous model used stock weather inputs across the state to calculate wildland fire intensity scores. The updated model adjusts fire intensity scores based on the most extreme fire weather at a given location, considering temperature, humidity, and wind speed. •Ember transport is being modeled based on local distributions of observed wind speed and direction values instead of using a generic buffer distance for urban areas adjacent to wildlands. •Classification of a wildland zone as Moderate, High, or Very High fire hazard is based on the average hazard across the area included in the zone, which have a minimum size of 200 acres. •In wildlands, hazard is a function of modeled flame length under the worst conditions and annual burn probability. Classification outside of wildland areas is based on the fire hazard of the adjacent wildland and the probability of flames and embers threatening buildings. State Responsibility Area (SRA): SRA is the area where the state has financial responsibility for wildland fire protection and prevention. Incorporated cities and federal ownership are not included in SRA. CAL FIRE is responsible for fire prevention and suppression within the SRA. Item 14 Item 14 Staff Report        Item 14: Staff Report Pg. 4  Packet Pg. 338 of 578  Local Responsibility Area (LRA): Local Responsibility Areas (LRA) are incorporated cities, urban regions, agricultural lands, and portions of the desert where the local government is responsible for wildfire protection. CAL FIRE uses an extension of the state responsibility area Fire Hazard Severity Zone model as the basis for evaluating fire hazard in Local Responsibility Area. •The Local Responsibility Area hazard rating reflects flame and ember intrusion from adjacent wildlands and from flammable vegetation in the urban area. •CAL FIRE’s Land Use Planning Program provides support to local governments by providing fire safety expertise on the State’s wildland urban interface building codes, wildfire safety codes, as well as helping in the development of the safety elements in general plans. •CAL FIRE uses the same modeling data that is used to map the State Responsibility Area for Local Responsibility Areas. •New legislation, Senate Bill 63 (Stern, 2021), now requires the adoption of all three Fire Hazard Severity Zone classes in the Local Responsibility Area. Previously only Very High Fire Hazard Severity Zones were required for adoption in Local Responsibility Areas. FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW Item 14 Item 14 Staff Report        Item 14: Staff Report Pg. 5  Packet Pg. 339 of 578  ATTACHMENTS APPROVED BY: Item 14 Item 14 Staff Report        Item 14: Staff Report Pg. 6  Packet Pg. 340 of 578  NOT YET APPROVED Attachment A 1 027051925 Ordinance No. ____ Ordinance of the Council of the City of Palo Alto Amending Section 15.04.410 (Definition of Wildland-Urban Interface Fire Area) of the Palo Alto Municipal Code to adopt and incorporate the 2025 Fire Hazard Severity Zone Map Issued by the State Fire Marshal The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. To better prepare for wildfires, the California Department of Forestry and Fire Protection (CAL FIRE) is required to periodically review its recommended classifications of fire hazard severity zones throughout California. The state legislature has found that the prevention of wildfires is a matter of statewide concern, not a municipal affair. B. The State released updated 2025 Fire Hazard Severity Zone (FHSZ) maps, and requires all local jurisdictions, including Palo Alto, with moderate, high, and very high fire hazard severity zone recommendations to designate those zones by ordinance within 120 days from receiving recommendations from the State Fire Marshal. C. State law also requires that the City post the maps indicating CAL FIRE’s FHSZ recommendations publicly for comment within 30 days of receipt, which the City conducted from March 26 - April 30, 2025. D. After consideration of public comments, the City will rely on the latest recommendations of CAL FIRE in its published FHSZ maps, notwithstanding local discretion to impose more restrictive fire and public safety requirements. E. As a result of adopting the updated FHSZ map for Palo Alto, the City’s Municipal Code definition of the wildland-urban interface in Section 15.04.410 needs to address zones designated as moderate and high fire hazard severity, in addition to those zones designated as very high fire hazard severity. SECTION 2. Section 15.04.410 Section 4902.1 Definition of wildland-urban interface fire area is hereby amended to read as follows (additions in underline format and deletions in strikethrough format): 5.04.410 Section 4902.1 Definition of wildland-urban interface fire area. The definition of "wildland-urban interface fire area" in Section 4902.1 is amended to read as follows: WILDLAND-URBAN INTERFACE FIRE AREA (WUI) A geographical area identified by the State of California as a "Fire Hazard Severity Zone" in accordance with Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires. Within the city limits of the City of Palo Alto, "Wildland-Urban Interface Fire Area" shall also include all areas west of Interstate 280, and all other areas recommended as a “Moderate,” “High,” and "Very High” Fire Hazard Severity Zone" by the Director of the California Department of Forestry. The map, approved by the Council of the City of Palo Alto, is hereby incorporated by reference, and entitled, “Fire Hazard Severity Zones in Local Responsibility Area - City of Palo Alto”, dated February 24, 2025 (Exhibit A). Item 14 Attachment A - Ordinance amending Section 15.04.410        Item 14: Staff Report Pg. 7  Packet Pg. 341 of 578  NOT YET APPROVED Attachment A 2 027051925 SECTION 3. Effective Date. This Ordinance shall be effective on the thirty-first date after the date of its adoption. SECTION 4. CEQA. The City Council finds and determines that this Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because adoption of the state FHSZ map and updating a statutory definition involves no action with potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment in that this Ordinance simply clarifies existing local regulations. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ City Attorney or designee City Manager _____________________________ Fire Chief, Palo Alto Fire Department Item 14 Attachment A - Ordinance amending Section 15.04.410        Item 14: Staff Report Pg. 8  Packet Pg. 342 of 578  City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1) CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources: Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency Gavin Newsom, Governor, State of CaliforniaThe State of California and the Department of Forestry and FireProtection make no representations or warranties regarding theaccuracy of data or maps. Neither the State nor the Department shallbe liable under any circumstances for any direct, special, incidental,or consequential damages with respect to any claim by any user orthird party on account of, or arising from, the use of data or maps. and other relevant factors including areas where windshave been identified by the Office of the State Fire Marshal as a major cause of wildfire spread. statewide criteria and based on the severity of fire hazard that isexpected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State FireMarshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Waterbody Federal ResponsibilityArea (FRA)Unzoned LRA Incorporated City Projection: NAD 83 California Teale Albers Scale: 1:97,000 at 11" x 17" 0 1 2 3 4 5 6 7Km 0 1 2 3 4Mi Very High High Moderate Fire Hazard Severity Zones in State Responsibility Area (SRA), Effective April 1, 2024 Very High High Moderate Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal Palo Alto UNINCORPORATEDSAN MATEO CO. UNINCORPORATEDSANTA CLARA CO. elCam i n o Real 101 82 35 ATHERTON CUPERTINO EAST PALOALTO FREMONT LOS ALTOSLOSALTOS HILLS MENLO PARK MOUNTAIN VIEW NEWARK PORTOLAVALLEY REDWOOD CITY SAN CARLOS SAN JOSE SAN JOSE SANTACLARA SARATOGA SUNNYVALE WOODSIDE ALAMEDA CO. SANTA CLARA CO. SANMATEO CO. SANTA CLARA CO. February 24, 2025 As Identified by the State Fire MarshalLocal Responsibility Area Fire Hazard Severity Zones CITY OF PALO ALTO – SANTA CLARA COUNTY Exhibit A Item 14 Attachment A - Ordinance amending Section 15.04.410        Item 14: Staff Report Pg. 9  Packet Pg. 343 of 578  City Council Staff Report Report Type: CONSENT CALENDAR Lead Department: City Clerk Meeting Date: June 9, 2025 Report #:2505-4739 TITLE SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Chapter 18.42 (Standards for Special Uses) of the Palo Alto Municipal Code on a Temporary Basis to Modify the Procedure and Standards Governing the Review of Wireless Communications Facilities Applications; and repealing Resolution 9873 (Amending Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights of Way) (FIRST READING: May 19, 2025, PASSED: 7-0) BACKGROUND The City Council heard this item on May 19, 2025 for a first reading and approved it on a 7-0 vote. No changes were made to the ordinance, and it is now before the City Council for a second reading. ATTACHMENTS Attachment A - Ordinance of the Council of the City of Palo Alto Amending Chapter 18.42 (Standards for Special Uses) of the Palo Alto Municipal Code on a Temporary Basis to Modify the Procedure and Standards Governing the Review of Wireless Communications Facilities Applications; and repealing Resolution 9873 (Amending Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights of Way) APPROVED BY: Mahealani Ah Yun, City Clerk Item 15 Item 15 Staff Report        Item 15: Staff Report Pg. 1  Packet Pg. 344 of 578  NOT YET APPROVED Attachment A 1 027120324 Ordinance No. ____ Ordinance of the Council of the City of Palo Alto Amending Chapter 18.42 (Standards for Special Uses) of the Palo Alto Municipal Code on a Temporary Basis to Modify the Procedure and Standards Governing the Review of Wireless Communications Facilities Applications; and repealing Resolution 9873 (Amending Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights of Way) The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. The City Council has adopted a Wireless Communication Facilities (WCF) code to regulate the various health, welfare, and safety impacts presented by the proliferation of WCFs and to balance these impacts with the interests of consumers in receiving the benefits of wireless technologies. B. Federal and state law place significant limits on the City’s exercise of local control over WCF matters. On September 26, 2018, the Federal Communications Commission adopted a Declaratory Ruling and Third Report and Order (WT Docket No. 1779; WC Docket No. 1784; FCC 18-133), further limiting local control. C. On August 12, 2020, in a decision in the City of Portland v. FCC, the United States Court of Appeals for the Ninth Circuit invalidated certain elements of the FCC’s Order 18-133 restricting local aesthetic regulations of WCFs. Specifically, the Court struck down the requirements that local standards be “objective” and “no more burdensome” than those applied to similar types of infrastructure installations. Now, a city’s aesthetic regulations for small wireless facilities will not be preempted by federal law if they are: (1) reasonable (technically feasible and reasonably directed at remedying aesthetic harms) and (2) published in advance. D. As a result of the Portland decision, the City Council wishes to modify the WCF ordinance provisions relating to the permit review process for Tier 2 and Tier 3 Facilities in the public right-of-way, to repeal references to the Objective Aesthetic, Noise, and Related Standards and to require review of such applications by the Architectural Review Board (ARB) under the City’s architectural review findings. E. Section 18.80.090 of the Palo Alto Municipal Code authorizes the City Council to change or suspend operation of the Zoning Code for temporary periods without review by the Planning and Transportation Commission when in the determination of the council such suspension or change is necessary for the public health, safety or welfare. SECTION 2. Resolution 9873, Amending Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights of Way, adopted December 16, 2019, is hereby repealed. For the avoidance of doubt, by this action Council repeals all prior versions of these objective standards, including Resolution 9825 (April 19, 2019), Resolution 9847 (June 17, 2019), and Resolution 9855 (August 12, 2019). Item 15 Attachment A - Ordinance of the Council of the City of Palo Alto Amending Chapter 18.42 (Standards for Special Uses) of the Palo Alto Municipal Code on a Temporary Basis to Modify the Procedure and Standards Governing the Review of Wireless Communications Facilities Applications; and repealing Resolution 9873 (Amending Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights of Way)        Item 15: Staff Report Pg. 2  Packet Pg. 345 of 578  NOT YET APPROVED Attachment A 2 027120324 SECTION 3. Section 18.42.110 Wireless Communication Facilities is hereby amended to read as follows (additions in underline format and deletions in strikethrough format): 18.42.110 Wireless Communication Facilities (a) Purpose and Interpretation The purpose of this section is two-fold: (A) to implement within the jurisdictional boundaries of the city the applicable zoning, land use and other laws, rules, regulations and policies and procedures applicable to siting applications filed with the city by wireless communications facilities infrastructure owners and operators and wireless communications service providers, which seek to install or attach their facilities at locations in Palo Alto; and (B) to accommodate new wireless technologies and continued improvements to existing wireless communications facilities while minimizing their adverse visual and structural health and safety impacts. Consistent with that purpose, the provisions of this section are to be construed in a manner that is consistent with (1) the interest of consumers in receiving the benefits of the deployment of ultra-high-speed and -capacity broadband wireless communication facilities technology and innovations and the delivery of ultra-high-speed and -capacity broadband wireless communications facilities services, (2) the interest in safeguarding the environment, preserving historic properties, and addressing aesthetics and other local values, and (3) the interest in promoting the public health, safety and welfare in Palo Alto. Although this section implements and references provisions of preemptive state and federal law, nothing in this section shall be interpreted to create an independent source of the rights provided an applicant by such state or federal law. A wireless communications facility is permitted to be sited in Palo Alto subject to applicable requirements imposed by this chapter. These processes are intended to permit wireless communications facilities that blend with their existing surroundings and do not negatively impact the environment, historic properties, or public safety. The procedures prescribed by this section are tailored to the type of wireless communication facility that is sought. Building- mounted wireless communications facilities and collocation of facilities are preferred and encouraged, subject to all other provisions of this section. (b) Definitions The following abbreviations, phrases, terms and words shall have the meanings assigned in this section or, as appropriate, in Section 18.04.030 and Section 1.04.050 of the Palo Alto Municipal Code, as may be amended from time to time, unless the context indicates otherwise. Words that are not defined in this section or other chapters or sections of the Palo Alto Municipal Code shall have the meanings as set forth in Chapter 6 of Title 47 of the United States Code, Part 1 of Title 47 of the Code of Federal Regulations, and, if not defined therein, their common and ordinary meaning. (1) "Antenna" means that part of a wireless communications facility designed to radiate or receive radio frequency signals or electromagnetic waves for the provision of personal wireless services, as defined in 42 U.S.C. § 332(c)(7)(C)(i). This definition does not include antennas designed for amateur or household use. Item 15 Attachment A - Ordinance of the Council of the City of Palo Alto Amending Chapter 18.42 (Standards for Special Uses) of the Palo Alto Municipal Code on a Temporary Basis to Modify the Procedure and Standards Governing the Review of Wireless Communications Facilities Applications; and repealing Resolution 9873 (Amending Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights of Way)        Item 15: Staff Report Pg. 3  Packet Pg. 346 of 578  NOT YET APPROVED Attachment A 3 027120324 (2) "Associated equipment" means any and all on-site equipment, including, without limitation, back-up generators and power supply units, cabinets, coaxial and fiber optic cables, connections, shelters, radio transceivers, regular power supply units, and wiring, to which a wireless antenna is attached in order to facilitate mobile broadband service and personal wireless service delivered on mobile broadband devices. (3) "Base Station" means the same as defined by the FCC at 47 C.F.R. § 1.6100(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. Base Station includes, without limitation: A. Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. B. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small-cell networks). C. Any structure other than a tower that, at the time the relevant application is filed with the city under this section, supports or houses equipment described in paragraphs (i)-(ii) above and has been previously reviewed and approved by the city. (4) "Collocation" means the same as defined in valid regulations promulgated by the FCC, including 47 C.F.R. §§ 1.6002(g) or 1.6100(b), as those sections may be amended from time to time. For the purpose of convenience only, the definition provided in 47 C.F.R. § 1.6100(b), for eligible facilities requests, is stated as follows: the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. (5) "Eligible Facilities Request" means the same as defined by the FCC at 47 C.F.R. § 1.6100(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: any request for modification of an existing tower or base station that, within the meaning of the Spectrum Act, does not substantially change the physical dimensions of that tower or base station, and involves (a) the collocation of new transmission equipment, (b) the removal of transmission equipment, or (c) the replacement of transmission equipment. (6) "Eligible Support Structure" means the same as defined by the FCC at 47 C.F.R. § 1.6100(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: any existing tower or base station that exists at the time the application is filed with the city. (7) "Existing" means the same as defined by the FCC at 47 C.F.R. § 1.6100(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: a constructed tower or base station is existing for purposes of an eligible facilities request if has been previously reviewed and approved under the applicable city zoning or siting Item 15 Attachment A - Ordinance of the Council of the City of Palo Alto Amending Chapter 18.42 (Standards for Special Uses) of the Palo Alto Municipal Code on a Temporary Basis to Modify the Procedure and Standards Governing the Review of Wireless Communications Facilities Applications; and repealing Resolution 9873 (Amending Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights of Way)        Item 15: Staff Report Pg. 4  Packet Pg. 347 of 578  NOT YET APPROVED Attachment A 4 027120324 process, or under another applicable state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is "Existing" for purposes of this definition. (8) "FCC" means the Federal Communications Commission or successor agency. (9) "Project" means a WCF to be located in Palo Alto for which a permit is required by the city. (10) "RF" means radio frequency on the radio spectrum. (11) "Spectrum Act" means Section 6409(a) of the Middle Class Tax Relief Act and Job Creation Act of 2012, 47 U.S.C. § 1455(a) (providing, in part, "… a State or local government may not deny, and shall approve, any Eligible Facilities Request for a modification of any existing wireless Tower or Base Station that does not substantially change the physical dimensions of such Tower or Base Station."). (12) "Small Wireless Facility" means the same as defined in any valid regulations adopted by the FCC. For purposes of convenience only, the definition provided at 47 C.F.R. Section 1.1312(e)(2) is stated here as follows: a facility that meets each of the following conditions: A. The structure on which antenna facilities are mounted: i. Is 50 feet or less in height, or ii. Is no more than 10 percent taller than other adjacent structures, or iii. Is not extended to a height of more than 10 percent above its preexisting height as a result of the collocation of new antenna facilities; and B. Each antenna (excluding associated antenna equipment) is no more than three cubic feet in volume; and C. All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume; and D. The facility does not require antenna structure registration under 47 C.F.R. Section 17; and E. The facility is not located on Tribal lands, as defined under 36 C.F.R. § 800.16(x); and F. The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified by the FCC. (13) "Substantially Changes" means the same as defined by the FCC at 47 C.F.R. § 1.6100(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: in the context of an eligible support structure, a modification of an existing tower or base station where any of the following criteria is met: A. For a tower not located in the public rights-of-way: Item 15 Attachment A - Ordinance of the Council of the City of Palo Alto Amending Chapter 18.42 (Standards for Special Uses) of the Palo Alto Municipal Code on a Temporary Basis to Modify the Procedure and Standards Governing the Review of Wireless Communications Facilities Applications; and repealing Resolution 9873 (Amending Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights of Way)        Item 15: Staff Report Pg. 5  Packet Pg. 348 of 578  NOT YET APPROVED Attachment A 5 027120324 i. The height of the tower is increased by (I) more than ten (10) percent, or (II) by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; or ii. There is added an appurtenance to the body of the tower that would protrude from the edge of the tower by (I) more than twenty (20) feet, or (II) more than the width of the tower at the level of the appurtenance, whichever is greater. B. For a tower located in the public rights-of-way and for all base stations: i. The height of the tower or base station is increased by more than ten (10) percent or ten (10) feet, whichever is greater; or ii. There is added an appurtenance to the body of that structure that would protrude from the edge of that structure by more than six (6) feet; or iii. It involves the installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure; or iv. It involves the installation of any new equipment cabinets on the ground if there is no pre-existing ground cabinet associated with that structure. C. For any eligible support structure: i. It involves the installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or ii. There is entailed in the proposed modification any excavation or deployment outside of the current site of the tower or base station; or iii. The proposed modification would cause the concealment/camouflage elements of the tower or base station to be defeated; or iv. The proposed modification would not comply with the conditions associated with the prior siting approval of construction or modification of the tower or base station, unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding thresholds in this section. D. To measure changes in height for the purposes of this section, the baseline is: i. For deployments that are or will be separated horizontally, measured from the original support structure; ii. For all others, measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved by the city prior to February 22, 2012. E. To measure changes for the purposes of this section, the baseline is the dimensions that were approved by the city prior to February 22, 2012. Item 15 Attachment A - Ordinance of the Council of the City of Palo Alto Amending Chapter 18.42 (Standards for Special Uses) of the Palo Alto Municipal Code on a Temporary Basis to Modify the Procedure and Standards Governing the Review of Wireless Communications Facilities Applications; and repealing Resolution 9873 (Amending Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights of Way)        Item 15: Staff Report Pg. 6  Packet Pg. 349 of 578  NOT YET APPROVED Attachment A 6 027120324 (14) "Tower" means any structure built for the sole or primary purpose of supporting any FCC-licensed or -authorized antenna, including any structure that is constructed for wireless communications service. This term does not include a base station. (15) "Transmission Equipment" means the same as defined by the FCC at 47 C.F.R. § 1.6100(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: equipment that facilitates transmission of any FCC-licensed or authorized wireless communication service. (16) "Wireless Communications Facility" or "WCF" means any antenna, associated equipment, base station, small wireless facility, tower, and/or transmission equipment located in Palo Alto, but does not include: A. A facility that qualifies as an amateur station as defined by the FCC, 47 C.F.R. Part 97, or its successor regulation; B. An antenna facility that is subject to the FCC Over-The-Air-Receiving Devices rule, 47 C.F.R. Section 1.4000, or any successor regulation; C. Portable radios and devices including, but not limited to, hand-held, vehicular, or other portable receivers, transmitters or transceivers, cellular phones, CB radios, emergency services radio; D. Mobile services providing public information coverage of news events of a temporary nature; E. Telecommunications facilities owned and operated by any government agency or emergency medical care provider. (c) Types of WCF Permits Required (1) A Tier 1 WCF Permit shall be required for an eligible facilities request, as defined in this section. (2) A Tier 2 WCF Permit shall be required for: A. Any modification of an eligible support structure, including the collocation of new equipment, that substantially changes the physical dimensions of the eligible support structure on which it is mounted; or B. Any collocation of a small wireless facility; or C. Any collocation not eligible for a Tier 1 WCF Permit. (3) A Tier 3 WCF Permit shall be required for the siting of any WCF, including a small wireless facility, that is not a collocation subject to a Tier 1 or 2 WCF Permit. An application shall not require a Tier 3 WCF Permit solely because it proposes the replacement in-place of an existing streetlight or wood utility pole. (d) WCF Application Requirements All applications for a WCF Permit shall include the following items: Item 15 Attachment A - Ordinance of the Council of the City of Palo Alto Amending Chapter 18.42 (Standards for Special Uses) of the Palo Alto Municipal Code on a Temporary Basis to Modify the Procedure and Standards Governing the Review of Wireless Communications Facilities Applications; and repealing Resolution 9873 (Amending Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights of Way)        Item 15: Staff Report Pg. 7  Packet Pg. 350 of 578  NOT YET APPROVED Attachment A 7 027120324 (1) Any applicant for a WCF Permit shall participate in an intake meeting with the Planning and Community Environment Department when filing an application; (2) The applicant must specify in writing whether the applicant believes the application is for an eligible facilities request subject to the Spectrum Act, and if so, provide a detailed written explanation as to why the applicant believes that the application qualifies as an eligible facilities request; (3) The applicant shall complete the city's standard application form, as may be amended from time to time; (4) The applicant shall include a completed and signed application checklist available from the city, including all information required by the application checklist; (5) Payment of the fee prescribed by the Municipal Fee Schedule; (6) The application must be accompanied by all permit applications with all required application materials for each separate permit required by the city for the proposed WCF, including a building permit, an encroachment permit (if applicable) and an electrical permit (if applicable); (7) For Tier 2 and 3 WCF Permits, the applicant must host a community meeting at a time and location designed to maximize attendance by persons receiving notice under this subparagraph to provide outreach to the neighborhood around the project site. The applicant shall give notice of the community meeting to all residents and property owners within 600 feet of the project site at least 14 days in advance of the community meeting. Applicants are encouraged to host the meeting before submitting an application. Before an application may be approved, the applicant shall provide a proof of notice affidavit to the city that contains: A. Proof that the applicant noticed and hosted the community meeting no later than 15 days after filing the application; B. A summary of comments received at the community meeting and what, if any, changes were made to the application as a result of the meeting; (8) For Tier 3 WCF Permits, the plans shall include a scaled depiction of the maximum increase in the physical dimensions of the proposed project that would be feasible and permitted by the Spectrum Act, using the proposed project as a baseline; and (9) Satisfy other such requirements as may be, from time to time, required by the Planning and Community Environment Department Director ("Director"), as publically stated in the application checklist. (e) Permit Review ("Shot Clock") Time Periods. The city shall review and act upon application materials in a manner consistent with any timeframes provided in controlling state or federal law, including valid regulations and orders promulgated by the FCC. (f) Tier 1 WCF Permit Process and Findings (1) A Tier 1 WCF Permit shall be reviewed by the Director. The Director's decision shall be final and shall not be appealable; Item 15 Attachment A - Ordinance of the Council of the City of Palo Alto Amending Chapter 18.42 (Standards for Special Uses) of the Palo Alto Municipal Code on a Temporary Basis to Modify the Procedure and Standards Governing the Review of Wireless Communications Facilities Applications; and repealing Resolution 9873 (Amending Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights of Way)        Item 15: Staff Report Pg. 8  Packet Pg. 351 of 578  NOT YET APPROVED Attachment A 8 027120324 (2) The Director shall grant a Tier 1 WCF Permit provided that the Director finds that the applicant proposes an eligible facilities request; (3) The Director shall impose the following conditions on the grant of a Tier 1 WCF Permit: A. The proposed collocation or modification shall not defeat any existing concealment elements of the support structure; and B. The conditions of approval in Section 18.42.110(j). (g) Tier 2 WCF Permit Process and Findings (1) A Tier 2 WCF Permit shall be reviewed by the Director, who may, in his or her sole discretion, refer an application to the Architectural Review Board. For WCF installations in the public right of way, the Director shall refer applications to the Architectural Review Board for review. The Director's decision shall be appealable directly to the City Council. An appeal may be set for hearing before the City Council or may be placed on the Council's consent calendar, pursuant to the process for appeal of architectural review set forth in Section 18.77.070(f). (2) The Director, or Council on appeal, shall grant a Tier 2 WCF Permit provided the proposed WCF complies with the conditions of approval in Section 18.42.110(j), and all objective standards adopted and amended from time to time by resolution of the City Council or the development standards in Section 18.42.110(i). If such objective standards are repealed, an application shall not be granted unless, in addition to the other requirements of this section, and all of the architectural review findings in Section 18.76.020(d) can be made. (3) The Director, or Council on appeal, shall deny a Tier 2 WCF Permit if the above findings cannot be made. (h) Tier 3 WCF Permit Process and Findings (1) A Tier 3 WCF Permit shall be reviewed by the Director, who may, in his or her sole discretion, refer an application to the Architectural Review Board and/or Planning and Transportation Commission. For WCF installations in the public right of way, the Director shall refer applications to the Architectural Review Board for review. The Director's decision shall be appealable directly to the City Council. An appeal may be set for hearing before the City Council or may be placed on the Council's consent calendar, pursuant to the process for appeal of architectural review set forth in Section 18.77.070(f). (2) The Director or Council on appeal shall grant a Tier 3 WCF Permit provided the conditional use permit findings in Section 18.76.010(c) can be made, and the proposed WCF complies with the conditions of approval in Section 18.42.110(j), and all objective standards adopted and amended from time to time by resolution of the City Council or the development standards in Section 18.42.110(i)., and If the City Council repeals all objective standards, an application shall not be granted unless, in addition to the other requirements of this section, all of the architectural review findings in Section 18.76.020(d) can be made. (3) The Director, or Council on appeal, shall deny a Tier 3 WCF Permit if the above findings cannot be made. (i) Generally Applicable Development Standards Item 15 Attachment A - Ordinance of the Council of the City of Palo Alto Amending Chapter 18.42 (Standards for Special Uses) of the Palo Alto Municipal Code on a Temporary Basis to Modify the Procedure and Standards Governing the Review of Wireless Communications Facilities Applications; and repealing Resolution 9873 (Amending Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights of Way)        Item 15: Staff Report Pg. 9  Packet Pg. 352 of 578  NOT YET APPROVED Attachment A 9 027120324 Unless the City Council has adopted more specific standards, and except as otherwise provided in this section, a proposed WCF Project shall comply with the following standards: (1) Shall utilize the smallest antennae, radio, and associated equipment, as measured by volume, technically feasible to achieve a network objective; (2) Shall be screened from public view; (3) When attached to an existing structure, shall be shrouded or screened using materials or colors found on existing structure; (4) Shall be placed at a location that would not require the removal of any required landscaping or would reduce the quantity of landscaping to a level of noncompliance with the Zoning Code; (5) An antenna, base station, or tower shall be of a "camouflaged" or "stealth" design, including concealment, screening, and other techniques to hide or blend the antenna, base station, or tower into the surrounding area, such as the use of a monopine design; (6) Shall not be attached on a historic structure/site, as designated by Chapter 16.49; (7) Except as otherwise permitted by the Spectrum Act, a building-mounted WCF may extend no more than fifteen (15) feet beyond the permitted height of the building in the zone district; (8) Except as otherwise permitted by the Spectrum Act, a tower or other stand-alone Tier 3 WCF Project shall not exceed beyond sixty-five (65) feet in height; and (9) A tower or other stand-alone Tier 3 WCF may encroach into the interior/street side and rear setback. (j) Conditions of Approval In addition to any other conditions of approval permitted under federal and state law and this Code that the Director deems appropriate or required under this Code, all WCF Projects approved under this chapter, whether approved by the Director, City Council, or deemed granted by operation of law, shall be subject to the following conditions of approval: (1) Permit conditions. The grant or approval of a WCF Tier 1 Permit shall be subject to the conditions of approval of the underlying permit, except as may be preempted by the Spectrum Act. (2) As-built plans. The applicant shall submit to the Director an as-built set of plans and photographs depicting the entire WCF as modified, including all transmission equipment and all utilities, within ninety (90) days after the completion of construction. (3) Applicant shall hire a radio engineer licensed by the State of California to measure the actual radio frequency emission of the WCF and determine if it meets FCC's standards. A report, certified by the engineer, of all calculations, required measurements, and the engineer's findings with respect to compliance with the FCC's radio frequency emission standards shall be submitted to the Planning Division within one year of commencement of operation. Item 15 Attachment A - Ordinance of the Council of the City of Palo Alto Amending Chapter 18.42 (Standards for Special Uses) of the Palo Alto Municipal Code on a Temporary Basis to Modify the Procedure and Standards Governing the Review of Wireless Communications Facilities Applications; and repealing Resolution 9873 (Amending Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights of Way)        Item 15: Staff Report Pg. 10  Packet Pg. 353 of 578  NOT YET APPROVED Attachment A 10 027120324 (4) Indemnification. To the extent permitted by law, the applicant shall indemnify and hold harmless the city, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the city for its actual attorneys' fees and costs incurred in defense of the litigation. The city may, in its sole discretion and at Applicant's expense, elect to defend any such action with attorneys of its own choice. (5) Compliance with applicable laws. The applicant shall comply with all applicable provisions of the Code, any permit issued under this Code, and all other applicable federal, state and local laws (including without limitation all building code, electrical code and other public safety requirements). Any failure by the City to enforce compliance with any applicable laws shall not relieve any applicant of its obligations under this code, any permit issued under this code, or all other applicable laws and regulations. (6) Compliance with approved plans. The proposed Project shall be built in compliance with the approved plans on file with the Planning Division. (7) Subject to city uses. Any permit to install or utilize poles or conduit in the public rights- of-way is subject to the city’s prior right to use, maintain, expand, replace or remove from use such facilities in the reasonable exercise of its governmental or proprietary powers. Such permit is further subject to the city’s right to construction, maintain, and modify streets, sidewalks, and other improvements in the public rights-of-way. The city, in its sole discretion, may require removal or relocation of a permittee’s equipment, at permittee’s sole cost and expense, if necessary to accommodate a city use. (8) Replacement. Where feasible, as new technology becomes available, the applicant shall place above-ground equipment below ground and replace equipment remaining above-ground with smaller equipment, as determined by volume. The applicant shall obtain all necessary permits and approvals for such replacement. (9) Permit length. WCFs permits shall be valid for the time provided in Section 18.42.110(n), except that a permit shall automatically expire after twelve months from the date of approval if within such twelve month period, the applicant has not obtained all necessary permits to commence construction. The director may, without a hearing, extend such time for a maximum period of twelve additional months only, upon application filed with him or her before the expiration of the twelve-month limit. (k) Exceptions (1) The decision-making authority may grant exceptions to objective standards adopted by City Council resolution or any provision of this Section 18.42.110, upon finding that: A. The proposed WCF complies with the requirements of this Section 18.42.110 and any other requirements adopted by the City Council to the greatest extent feasible; and either B. As applied to a proposed WCF, the provision(s) from which exception is sought would deprive the applicant of rights guaranteed by federal law, state law, or both; or Item 15 Attachment A - Ordinance of the Council of the City of Palo Alto Amending Chapter 18.42 (Standards for Special Uses) of the Palo Alto Municipal Code on a Temporary Basis to Modify the Procedure and Standards Governing the Review of Wireless Communications Facilities Applications; and repealing Resolution 9873 (Amending Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights of Way)        Item 15: Staff Report Pg. 11  Packet Pg. 354 of 578  NOT YET APPROVED Attachment A 11 027120324 C. Denial of the application as proposed would violate federal law, state law, or both. (2) An applicant must request an exception at the time an application is initially submitted for a WCF permit under this Section 18.42.110. The request must include both the specific provision(s) from which exception is sought and the basis of the request, including all supporting evidence on which the applicant relies. Any request for exception after the City has deemed an application complete constitutes a material change to the proposed WCF and shall be considered a new application. (3) If the applicant seeks an exception from objective standards adopted by City Council resolution or generally applicable development standards, the Director may refer the application to the Architectural Review Board for recommendation on whether the application complies with such standards to the greatest extent feasible. (43) The applicant shall have the burden of proving that federal law, state law, or both compel the decision-making authority to grant the requested exception(s), using the evidentiary standards applicable to the law at issue. The Ccity shall have the right to hire independent consultants, at the applicant’s expense, to evaluate the issues raised by the exception request and to submit rebuttal evidence where applicable. (l) Removal of Abandoned Equipment A WCF (Tier 1, Tier 2, or Tier 3) or a component of that WCF that ceases to be in use for more than ninety (90) days shall be removed by the applicant, wireless communications service provider, or property owner within ninety (90) days of the cessation of use of that WCF. A new WCF permit shall not be issued to an owner or operator of a WCF or a wireless communications service provider until the abandoned WCF or its component is removed. (m) Revocation The Director may revoke any WCF Permit if the permit holder fails to comply with any condition of the permit. The Director's decision to revoke a Permit shall be appealable pursuant to the process applicable to issuance of the Permit, as provided in subdivisions (f), (g), and (h) of this section. (n) Expiration Except as otherwise provided in the permit or in a lease or license agreement with the City of Palo Alto, WCF permits shall be valid for a period of ten years from the date of approval. An applicant may seek extensions of an approved WCF permit in increments of no more than ten years and no sooner than twelve months prior to the expiration of the permit. The Director shall approve an extension request upon finding that that applicant has complied with all conditions of approval for the WCF permit and will comply with all other requirements applicable to WCFs at the time the extension is granted. Prior to issuing a decision on an extension request, the Director may seek additional studies and information to be prepared at the applicant’s expense. Item 15 Attachment A - Ordinance of the Council of the City of Palo Alto Amending Chapter 18.42 (Standards for Special Uses) of the Palo Alto Municipal Code on a Temporary Basis to Modify the Procedure and Standards Governing the Review of Wireless Communications Facilities Applications; and repealing Resolution 9873 (Amending Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights of Way)        Item 15: Staff Report Pg. 12  Packet Pg. 355 of 578  NOT YET APPROVED Attachment A 12 027120324 SECTION 4. Severability. If any provision, clause, sentence or paragraph of this ordinance, or the application to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are hereby declared to be severable. SECTION 5. Effective Date. This Ordinance shall be effective on the thirty-first date after the date of its adoption. SECTION 6. This ordinance shall be of no further force or effect as of [Insert date 24 months + 1 day after date of adoption], or unless repealed earlier by the Council. SECTION 7. CEQA. The City Council finds and determines that this Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment in that this Ordinance simply clarifies existing local regulations. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: ______________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: ____________________________ City Manager ______________________________ City Attorney or designee ____________________________ Director of Planning and Community Environment Item 15 Attachment A - Ordinance of the Council of the City of Palo Alto Amending Chapter 18.42 (Standards for Special Uses) of the Palo Alto Municipal Code on a Temporary Basis to Modify the Procedure and Standards Governing the Review of Wireless Communications Facilities Applications; and repealing Resolution 9873 (Amending Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights of Way)        Item 15: Staff Report Pg. 13  Packet Pg. 356 of 578  City Council Staff Report From: City Manager Report Type: ACTION ITEMS Lead Department: Planning and Development Services Meeting Date: June 9, 2025 Report #:2505-4614 TITLE Adoption of the Community Development Block Grant (CDBG) Fiscal Year (FY) 2025-2026 Annual Action Plan, 2025-2030 Consolidated Plan, and a Resolution Approving Use of CDBG Funds for FY 2025-2026 as Recommended by the Human Relations Commission. CEQA Status: Exempt under CEQA Guidelines Section 15378(b)(4). RECOMMENDATION The Human Relations Commission (HRC) and staff recommend City Council take the following actions: 1. Adopt the draft Fiscal Year (FY) 2025-2026 Annual Action Plan (AAP), 2025-2030 Consolidated Plan (ConPlan)1, and the associated resolution (Attachment A) allocating Community Development Block Grant (CDBG) funding for FY 2025-2026; 2. Authorize the City Manager to execute the FY 2025-2026 CDBG application to fund the FY 2025-2026 AAP and any other necessary documents concerning the application, and to otherwise bind the City with respect to the applications and commitment of funds; 3. Authorize staff to submit the FY 2025-2030 Consolidated Plan and 2025-2026 AAP to U.S. Department of Housing and Urban Development (HUD) by the extended deadline of August 16, 2025; 4. Authorize the City Manager or designee to draft and execute amendments to a loan agreement, regulatory agreement, and related documents necessary to implement City Council direction on the Alma Garden Rehabilitation Project in a form consistent with the City’s affordable housing loan documents and approved by the City Attorney; and 5. Direct staff to return to Council following budget adoption to amend the FY 2026 Budget Appropriation for the Community Development Block Grant Fund (2/3 vote needed) by: 1 https://www.paloalto.gov/files/assets/public/v/3/planning-amp-development-services/cdbg-general- information/plans-and-reports/consolidated-plans/attachment-a-2025-2030-conplan-and-2025-2026-aap.pdf Item 16 Item 16 Staff Report        Item 16: Staff Report Pg. 1  Packet Pg. 357 of 578  1. Increasing Revenue from Other Agencies by $616,233. 2. Increasing General Expenses by $616,233. EXECUTIVE SUMMARY HUD requires jurisdictions to prepare a five-year strategic plan, the ConPlan, which outlines priority housing and community development needs and establishes related goals. Each year, jurisdictions must also submit an AAP that identifies the specific projects and activities to be funded during the upcoming program year to implement the ConPlan’s strategies. On May 8, 2025, the HRC developed funding recommendations for the CDBG FY 2025-2026 funding cycle. Given that the City’s CDBG grant entitlement amount for FY 2025-2026 was unknown at the time, the HRC also recommended the implementation of a contingency plan to be used if FY 2025-2026 funds differed from the amount estimated by staff. On May 14 2025, the City received HUD’s formal notification of the City’s CDBG FY 2025-2026 entitlement grant amount. Subsequently, staff updated the draft FY 2025-2026 AAP to: Incorporate the City’s CDBG FY 2025-2026 entitlement grant amount; and Update the CDBG FY 2025-2026 funding allocation amounts to implement the HRC’s recommended contingency plan because the HUD allocation exceeded the staff estimate by $16,233. The draft 2025-2030 ConPlan and FY 2025-2026 AAP contains proposed funding allocations to spend all available CDBG funds. CDBG funds available for allocation in FY 2025-2026 total $616,233, including the City’s entitlement grant and estimated program income to be received. It is not possible to fund all applications at the requested amounts due to the limitations of available funds. However, the proposed recommendations: Allocate all available CDBG program funds; Are consistent with the City’s CDBG ConPlan; Are consistent with the City’s 6th Cycle Housing Element goals and programs as they pertain to CDBG; and Will result in funding key services and projects that benefit many low and very low- income Palo Alto residents. Staff recommends that Council review and approve the draft FY 2025-2030 ConPlan and 2025- 2026 AAP2, the associated draft Resolution (Attachment A), and authorize staff to submit and execute associated documents necessary to implement the FY 2025-2030 ConPlan and 2025- 2026 AAP. 2 https://www.paloalto.gov/files/assets/public/v/3/planning-amp-development-services/cdbg-general- information/plans-and-reports/consolidated-plans/attachment-a-2025-2030-conplan-and-2025-2026-aap.pdf Item 16 Item 16 Staff Report        Item 16: Staff Report Pg. 2  Packet Pg. 358 of 578  On May 2, 2025, the White House Office of Management and Budget released its topline discretionary budget request for Fiscal Year 2026 to Congress, which proposes the elimination of the CDBG program. If this request is enacted, the City would be unable to award CDBG funds in FY 2026-2027. Staff will continue to monitor the status of the FY 2026 federal budget and keep potential CDBG subrecipients informed regarding the availability of funds in the upcoming funding cycle. BACKGROUND Item 16 Item 16 Staff Report        Item 16: Staff Report Pg. 3  Packet Pg. 359 of 578  Projects funded through the City by the CDBG program must be consistent with the goals outlined in the draft 2025-2030 ConPlan. The projects identified for funding in the draft AAP are consistent with these goals and, following the City Council's final approval of funding allocations, will be reported to HUD in the FY 2025-2026 AAP. 3" ensure adequate citizen participation in the CDBG funding process. ANALYSIS 3 Adopted Citizen Participation Plan: https://www.paloalto.gov/files/assets/public/v/1/planning-amp- development-services/cdbg-general-information/plans-and-reports/amended-citizen-participation-plan-2022- approved-by-city-council-9-12-22-final.pdf Item 16 Item 16 Staff Report        Item 16: Staff Report Pg. 4  Packet Pg. 360 of 578  Funds Available for Allocation in FY 2025-2026 Table 1. FY 2025-2026 CDBG Estimated Funds Available CDBG Funds Available Available for Funding Estimated Total CDBG Funds Available for Allocation $616,233.00 Public Services (15% Cap) — The amount of any CDBG funds that may be obligated toward Public Services during a program year is capped at 15 percent of the sum of the grant allocation plus the total amount of program income received during the prior program year. Planning & Administration (20% Cap) — The amount of any CDBG funds that may be obligated toward Planning & Administration during a program year is capped at 20 percent of the sum of the grant allocation plus the total amount of program income received during the current program year. Table 2. FY 2025-2026 Breakdown of Capped/Un-Capped Funds CDBG Amount 15% x [Grant allocation ($516,233) + prior year FY 2024-2025 program income ($129,950)] 20% x [Grant allocation ($516,233) + current year FY 2025-2026 estimated program income ($100,000)] Estimated Total Available for CDBG Allocation $616,233.00 Item 16 Item 16 Staff Report        Item 16: Staff Report Pg. 5  Packet Pg. 361 of 578  CDBG 2025-2026 Funding Allocations Table 3: Fiscal Year 2025-2026 CDBG Budget Applicant Agency Requested Funding Recommended Allocation CDBG Applicants Subtotal $96,927.40 Subtotal $90,000.00 Subtotal $236,059.00 Subtotal $70,000.00 Subtotal $123,246.60 Grand Total for CDBG Budget $616,233.00 *“N/A” indicates that no formal application was submitted. These uncapped projects were previously awarded funds, and additional funding was determined to be necessary through staff and HRC review based on identified need. Item 16 Item 16 Staff Report        Item 16: Staff Report Pg. 6  Packet Pg. 362 of 578  Should the 2025-2030 ConPlan and FY 2025-2026 AAP be adopted by City Council, it would be submitted to HUD prior to the August 16, 2025, extended deadline. POLICY IMPLICATIONS FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT Item 16 Item 16 Staff Report        Item 16: Staff Report Pg. 7  Packet Pg. 363 of 578  ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Item 16 Item 16 Staff Report        Item 16: Staff Report Pg. 8  Packet Pg. 364 of 578  Resolution No. ______XXXX_________ Resolution of the City Council of the City of Palo Alto Approving The Use of Community Development Block Grant Funds for Fiscal Year 2025-2026 A. On June 9, 2025, the Palo Alto City Council approved and adopted a document entitled “Consolidated Plan” which identified and established the Palo Alto housing and non-housing community development needs, objectives, and priorities for the period July 1, 2025, to June 30, 2030. B. The Fiscal Year 2025-2026 Annual Action Plan, the annual funding update to the Consolidated Plan, was subjected to public review and commentary during the period from May 5, 2025, through June 4, 2025. C. The potential uses of Community Development Block Grant (CDBG) funds were evaluated in light of the needs and objectives identified in the Consolidated Plan and reflected in the recommendations and comments of the Human Relations Commission Selection Committee, Human Relations Commission, and other interested citizens. D. Under the CDBG program, the highest priority is given to activities which will benefit persons with low and moderate incomes. E. The City Council and the Human Relations Commission have held publicly noticed public hearings on the proposed uses of the CDBG funds for Fiscal Year 2025-2026. F. CDBG funds allocated to the City for Fiscal Year 2025-2026 are proposed to implement the programs described in this resolution. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The uses of CDBG funds for Fiscal Year 2025-2026 are hereby approved and authorized for the following programs: Name of Program Amount 1. Catholic Charities of Santa Clara County – Program. Advocate for the rights of seniors and disabled residents in long term care facilities. $8,500.00 2. LifeMoves – Opportunity Services Center. Provide case management services to Opportunity Services Center and Hotel De Zink clients in locating housing and/or employment and be connected to benefits. $39,154.64 3. Silicon Valley Independent Living Center – Housing and Emergency Services. Provide case management services to low-income individuals with disabilities to secure affordable and accessible housing. $20,067.43 Item 16 Attachment A - Draft Resolution to Adopt FY 2025-2030 Consolidated Plan and 2025-2026 Annual Action Plan        Item 16: Staff Report Pg. 9  Packet Pg. 365 of 578  4. Project Sentinel – including complaint investigation, counseling, advocacy and community education $22,005.33 5. Upwards/WeeCare. A microenterprise business that will provide Palo Alto childcare business improvement services. $90,000.00 6. Next Door Solutions to Domestic Violence. Provide client-centered services to residents identifying as victims/survivors of domestic/intimate partner $7,200.00 7. Rebuilding Together Peninsula – Safe at Home. Provision of critical health and safety related home repair needs for low-income Palo Alto homeowners. $73,585.00 8. Community Working Group/Abode – Alma Garden. The rehabilitation of a 10-unit affordable housing development. $162,474.00 9. Homekey Palo Alto – Recreation Project. This project will provide a recreation area and recreation equipment at the Homekey Palo Alto shelter. $70,000.00 10. CDBG Program Planning and Administration. $123,246.60 Total CDBG Funds $616,233.00 SECTION 2. The total amount set forth under Section 1 of this resolution represents the proposed allocation of $516,233, in CDBG funds from the United States Department of Housing and Urban Development (HUD) for Fiscal Year 2025-2026, and $100,000, in anticipated program income for Fiscal Year 2025-2026 from Palo Alto Housing Corporation. SECTION 3. The City staff is hereby authorized to submit the Fiscal Year 2025-2030 Consolidated Plan and Fiscal Year 2025-2026 Annual Action Plan, update and appropriate funding to HUD for the Fiscal Year 2025-2026 CDBG funds, and such money shall be spent as set forth in this resolution. The Mayor, City Manager and any other designated City staff or officials are hereby authorized to execute such application forms and any other necessary documents to secure these funds. The City Manager or designee is authorized to sign all necessary grant agreements with the program providers set forth in Section 1. SECTION 4. The funding amounts set forth in Section 1 of this resolution are based on final allocation amounts from the Federal Fiscal Year 2025-26 HUD appropriations; City Staff is authorized to adjust increasing or decreasing the funding amounts set forth herein as consistent with the adopted Citizen Participation Plan. SECTION 5. The City Council hereby finds that the Fiscal Year 2025-2026 CDBG program authorized under Section 1 of this resolution is not a project under the California Environmental Quality Act (CEQA). However, the Council further authorizes and directs City staff to prepare certifications that Item 16 Attachment A - Draft Resolution to Adopt FY 2025-2030 Consolidated Plan and 2025-2026 Annual Action Plan        Item 16: Staff Report Pg. 10  Packet Pg. 366 of 578  may be required, under CEQA and the National Environmental Policy Act (NEPA), for each project under the Fiscal Year 2025-2026 CDBG program prior to the release of funds for any such project. Item 16 Attachment A - Draft Resolution to Adopt FY 2025-2030 Consolidated Plan and 2025-2026 Annual Action Plan        Item 16: Staff Report Pg. 11  Packet Pg. 367 of 578  INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Manager Sr. Assistant City Attorney Director of Planning and Development Services APPROVED AS TO CONTENT: Director of Administrative Services CDBG Coordinator Item 16 Attachment A - Draft Resolution to Adopt FY 2025-2030 Consolidated Plan and 2025-2026 Annual Action Plan        Item 16: Staff Report Pg. 12  Packet Pg. 368 of 578  City Council Staff Report From: City Manager Report Type: ACTION ITEMS Lead Department: City Manager Meeting Date: June 9, 2025 Report #:2504-4461 TITLE Approve a Resolution to Allow Dining and Retail Encroachments on Car Free California Avenue under PAMC Ch. 12.11; Direct Staff to Approve the Car Free California Avenue Outdoor Activation Program Regulations Including Reference to the Program fees in the FY 2026 Municipal Fee Schedule; Adopt a Resolution Allowing Open Containers in Conjunction with Third Thursday Performances in 2025; Direct Staff to Review Differences Between the Open Container Resolution and an Entertainment Zone as Recommended by the Retail Committee. CEQA Status – categorically exempt. RECOMMENDATION The Retail Committee and staff recommend that the City Council: 1. Approve the Car Free California Avenue Outdoor Activation Program Regulations (Attachment A) a. Set program fees (application fee, renewal fee, license fee for use iof the public right-of-way, and deposit) in alignment with the existing Ongoing Parklet Program as recommended in the FY 2026 Municipal Fee Schedule (scheduled for Council adoption on June 16); 2. Adopt a Resolution allowing dining and retail encroachments on Car Free California Avenue under existing PAMC Ch. 12.11 (Parklets) Attachment B. 3. Adopt a Resolution to allow open containers in conjunction with the Third Thursday music performances in 2025 (Attachment C); and 4. Refer to staff a review of differences between the expired open container resolution and an entertainment zone for future consideration. EXECUTIVE SUMMARY The Outdoor Activation Program sets forth the permit design requirements for outdoor dining and merchandising for the car-free section of California Avenue in alignment with the City Council direction for staff to return with guidelines for outdoor activation in advance and in preparation for the 2025 winter weather months. The proposed program, reviewed and Item 17 Item 17 Staff Report        Item 17: Staff Report Pg. 1  Packet Pg. 369 of 578  recommended for Council approval by the Retail Committee (“Committee”)1, will facilitate flexible outdoor dining and merchant activities, enabling the commercial use of public sidewalks and roadway space. This staff report highlights: Vision for outdoor dining Merchant feedback regarding outdoor dining Key differences between parklets and the outdoor activation program Outdoor dining requirements and guidance Signage Impact of outdoor dining on sanitary sewer infrastructure Restroom capacity Outdoor Activation fees Issues with building structures in the public right-of-way Revisions per Retail Committee feedback Implementation timeline Open Container Resolution and Entertainment Zone BACKGROUND 1 Retail Committee voted two (2) in support of recommending City Council approval and one (1) absent (Councilmember Burt). Item 17 Item 17 Staff Report        Item 17: Staff Report Pg. 2  Packet Pg. 370 of 578  the Car Free California Avenue Outdoor Activation Program to the Retail Committee,2 which voted to advance the program to the City Council. rd Thursday Events, effective from June through December 2024.3 ANALYSIS A community-oriented, car-free street environment Prioritizing economic vitality, pedestrian experience and social interaction Flexible, open, visually cohesive public space Lively, inclusive atmosphere for residents and visitors Accessible, safe, high design quality, and regularly maintained Desire for design equity and aesthetic improvements Interest in weather protection (shelter, wind screens, heating) Support choice in materials, colors, signage 2 Retail Committee, May 21, 2025, https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=17618 3 Staff Report 2405-3093 on Consumption of Alcohol on California Ave: https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=7b643945-3828-4941-8858-ff95939f6fb3 Item 17 Item 17 Staff Report        Item 17: Staff Report Pg. 3  Packet Pg. 371 of 578  Permit variety of seating and merchandizing, decorative lighting, flowers and plants on the enclosures, outdoor host stations, hanging blade signs and other elements Preference to avoid temporary-looking or low-cost construction that avoids such things as corrugated plastic roofing, overly brightly colored furniture, post and rope barriers and unneeded traffic safety elements Outdoor Dining Requirements The program is organized into general requirements and design elements as presented in the following table: Design ElementsGeneral Requirements (applies to all permits)Required Optional Planters Lighting Electrical Waste management Railings Sidewalls Overhead shelter Branding and signage Heating Platforms (where appropriate) Location Setbacks Use Accessibility Operator responsibilities Permitting process and conditions Design Guidance applies to each element Design elements are either required, or optional per the applicant‘s discretion. When an applicant selects a design element, they must meet all of the requirements for that element. Design Guidance is to encourage best practice, promote high quality design, and ensure consistency for the aesthetics of the street. This structure allows businesses to customize their outdoor space while maintaining safety, accessibility, and a cohesive street environment. Signage Staff recommends allowing limited use of sandwich boards within designated outdoor activation areas to support visibility of businesses for pedestrians walking down the center of the street. The City’s sign code currently prohibits freestanding signs in the public right-of-way, including sandwich boards. This allowance would support merchant visibility while maintaining pedestrian flow and safety. Per discussion at Retail Committee, Merchants will be permitted up two signs in outdoor activation areas, with no more than one sandwich board sign. Staff will need to coordinate to make any necessary adjustments to the City’s Sign Ordinance. Differences from Ongoing Parklet Program The program draws from the City’s Parklet Program (currently in place for University Avenue and other streets with vehicles) while responding to the unique conditions of a car-free Item 17 Item 17 Staff Report        Item 17: Staff Report Pg. 4  Packet Pg. 372 of 578  environment. At the May 21, 2025 Retail Committee, staff noted the following differences from the City’s parklet program: Sanitary Sewer Infrastructure: The expansion of outdoor dining on California Avenue has significantly increased total restaurant capacity, leading to more meals served and a higher potential discharge of fats, oils, and grease (FOG) into the City’s sanitary sewer system. Grease Control Devices (GCDs) in many restaurants were originally sized for pre-pandemic indoor seating. Expanded seating is increasing the risk of FOG entering building drainage systems and the City's sanitary sewer (SS). Item 17 Item 17 Staff Report        Item 17: Staff Report Pg. 5  Packet Pg. 373 of 578  Staff recommends continuing proactive inspections, requiring businesses to more frequently maintain restaurant GCD systems, identifying higher-risk systems for improvement, and mitigating future problems through plan review to correct GCD type, size and fixture connections. Depending on the success of these efforts, supplemental fees may be required for outdoor dining permits to fund increased City maintenance costs. Restroom Capacity: Similar to sanitary sewer system demands, outdoor dining also increases the demand for restroom capacity. Increasing dining capacity or occupancy load can increase the need for additional restroom fixtures. Given the increased demand for restrooms with the overall expansion of dining, provision of public restrooms to serve multiple establishments may offer a more cost-effective and space-efficient alternative to businesses providing their own additional bathrooms. Possible locations will depend on the number and size of facilities. Operations and Maintenance: Operating and maintenance costs are heightened in the car-free street of California Ave. with staffing needed to support the program initiation and implementation, additional cleaning, and installation and maintenance of infrastructure. Costs for additional restrooms are being evaluated. An initial application fee (FY 2026 fee expected to be $5,004) An annual renewal fee (FY 2026 fee expected to be $604) A fully refundable deposit (FY 2026 expected to be $2,750) A license fee for use of the public right-of way (Downtown charge currently $10.71/square foot annually) Item 17 Item 17 Staff Report        Item 17: Staff Report Pg. 6  Packet Pg. 374 of 578  Initial Application Fee: An initial application fee is required to establish an outdoor activation space to fully recover cost necessary to process an application, conduct site inspections, including Public Works, Utilities, and others such as Planning if applicable review. A portion is also based on staff time required for ongoing program administration such as customer service, compliance with standards, and complaint response. The Committee and staff recommend maintain the fee consistent with the ongoing parklet program. Annual Renewal Fee: An annual renewal fee is required to review the encroachment permit annually to fully recover costs at a flat rate. An application renewal is not expected to require the same level of staff effort as processing a new application and therefore the fee is less than the initial fee. The Committee and staff recommend maintain the fee consistent with the ongoing parklet program. Deposit Fee: Consistent with other programs in the City, a deposit fee may be considered to address any unrepaired damage to the roadway or sidewalk or any costs that may be incurred due to the City having to remove things in the activated space. Given the recommended guidelines, this fee could be lowered or eliminated for the car-free portion of California Avenue as parklet structures are currently not authorized, however staff would recommend retaining use of it for consistency with the existing programs as there remains a cost to remove an installation from the permitted space in the event of a necessary removal. License Fee: A license fee for use of the public right-of-way is proposed. This fee can be set based on the City Council’s reasonable assessment of the value of the land used by the operator and incorporate a certain amount of discount or subsidy for that use. The Retail Committee recommended maintaining use of the rate used for the ongoing parklet program with a request for alternative scenarios that considered the value of the use of the land in a car- free environment, without the same restrictions of space that regulate parklets. When considering the license fee, the Council may consider establishing different rates based on the permitted use of the space to align with the impacts more closely, namely, retail use versus restaurant uses and increased value of the land such as if the City provided supplemental restroom capacity as noted earlier. These variations could be studied and implemented at a later time. Item 17 Item 17 Staff Report        Item 17: Staff Report Pg. 7  Packet Pg. 375 of 578  As of Q1 2025 as reported by CoStar, the average rent in the University Avenue (downtown ‘DT’) analysis area is reported at $76 per square foot. On California Avenue, the average rent for Q1 2025 is $59 per square foot. Outdoor spaces will vary in size with some of the larger spaces currently reflecting upwards of 1,000 square feet in the public right-of-way. The table below shows the California Avenue rates with Downtown in grey for reference. A $10.71 per square foot fee would result in approximately $118,000 in annual revenue, or $5,355 for a 500 square foot space. A 70% discount, or $18 per square foot rate would generate $198,000 in annual revenue, and cost a 500 square foot activation space $9,000 annually. A 50% discount, or $30 per square foot rate would generate $300,000 in annual revenue, and cost a 500 square foot activation space $15,000 annually. No discount, or $59 per square foot rate would generate $649,000 in annual revenue, and cost a 500 square foot activation space $29,500 annually Discount DT CA DT CA DT CA DT CA 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% *Calculation reflects use of the building code standard of 15 square feet per person Item 17 Item 17 Staff Report        Item 17: Staff Report Pg. 8  Packet Pg. 376 of 578  permitted parklet area limits?” Also raised, by a restauranteur, is their interest to build a permanent outdoor dining structure extending out from their building and onto the public roadway and across the sidewalk. They envision something similar to outdoor dining at Stanford Shopping Center, as it offers the following advantages: Weather protection from the sun, wind and rain throughout the year, with lighting and heating. Design consistency with interior restaurant space One-time merchant investment in long-term, high-quality solution Utility access: many utilities (water, gas, sewer, stormwater, electrical, other) run beneath the right-of-way and require unimpeded emergency and maintenance access. Structures impeding access will need to be removed, with associated replacement costs and business disruption. Fire safety: structures can pose a fire hazard and obstruct fire access. Fire can move from one structure to another, rapidly engulfing the entire street. Restricts storefront visibility: structures would be larger in area and taller than parklets, and there could be several along both sides of the street, blocking visibility of adjacent retail storefronts and reducing the openness of the environment. Building Code requirements: structures require attachment to the roadway, foundation work and plan review by the Building Division, improvements which will increase merchant costs, time delays and conflict with below grade utilities. Item 17 Item 17 Staff Report        Item 17: Staff Report Pg. 9  Packet Pg. 377 of 578  Lease complexity: structures on public property would require long-term leases, requiring analysis of market value and legal restrictions on use of specific property parcels. Architectural Review: structures will trigger Architectural Review Board oversight, extending timelines and increasing costs. Removal: Long-term maintenance and removal concerns if a business closes. The success of this program relies on the interest of merchants to improve their outdoor activation areas based on the design guidance to evolve the street as a whole to be an open and vibrant. As a part of the longer-term design of California Avenue, appropriate locations for structures within the public right-of-way can be more appropriately considered. Car Free California Avenue Outdoor Activation Program revisions based on Retail Committee feedback Increase number of permitted signs from one to two, with a limit of one sandwich board Other overhead shelters may be permitted (beyond large format umbrellas and awnings), provided they are not attached to the roadway, are easily and quickly removable for utility access and meet clearance and design requirements. Limit requiring overhead electrical service only to areas with glass mosaic sidewalks. Implementation Timeline (Tentative) Staff recommend a phased implementation approach that mirrors the approach used when the ongoing parklet program was implemented. Below outlines an approximate timeline: JUNE: Council review and approval of outdoor activation guidelines and accompanying resolutions and fees JULY: Adopted standards go into effect, pre- applications / re-applications would be open and due to the City including associated fees (application and license) AUGUST: Applications accepted and installations without a pre application or application on fill will begin to be enforced for removal. SEPTEMBER/OCTOBER: Transition of outdoor spaces to follow the activation guidelines NOVEMBER: Outdoor activations must be in compliance with new standards Open Container Resolution and Entertainment Zone The Retail committee expressed a desire and recommended that Council refer to staff further exploration of establishing an Entertainment Zone for the Car Free portion of California Ave. Recognizing this interest, staff proactively prepared a resolution extending the open container ordinance previously in effect for Third Thursdays that sunset December 2024. Although not an Entertainment Zone, if adopted, could provide allowance for open containers throughout 2025 while the referral for further work on an Entertainment Zone in undertaken by staff. Item 17 Item 17 Staff Report        Item 17: Staff Report Pg. 10  Packet Pg. 378 of 578  FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT rd Thursday and Earth Day events, in-person presentation to facilities managers at Stanford Research Park, and in person meetings at the Sunday Farmers’ Market as well as feedback from the Architectural Review Board on March 20, 2025. The chronology of outreach can be found on the Car-Free Streets webpage4. ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Ed Shikada, City Manager 4 Car-Free Streets: Cal Ave & Ramona Street Webpage: https://www.paloalto.gov/Departments/Transportation/Transportation-Projects/Car-Free-Streets-Cal-Ave.- Ramona-Street Item 17 Item 17 Staff Report        Item 17: Staff Report Pg. 11  Packet Pg. 379 of 578  Outdoor Activation Program Guidelines California Avenue Community Street Outdoor Activation Permit Requirements and Design Guidance for Outdoor Dining and Merchandising ➔City of Palo Alto ➔Effective starting xx 2025 1 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 12  Packet Pg. 380 of 578  Outdoor Activation Program Guidelines Table of Contents 01. Introduction 02. General Requirements 03. Design Elements 04. Encroachment Permit Application Car-Free California Ave 2 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 13  Packet Pg. 381 of 578  Outdoor Activation Program Guidelines Introduction Topics ➔Purpose ➔Vision ➔Objectives 01 3One Seaport Boston, Massachusetts Car-Free California Ave Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 14  Packet Pg. 382 of 578  Outdoor Activation Program Guidelines 01.1 Purpose 4 The Outdoor Activation Program is an initiative by the City of Palo Alto to transform the car-free section of California Avenue into a vibrant Community Street, supporting local business activity and enhancing the community experience. 01 Introduction Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 15  Packet Pg. 383 of 578  Outdoor Activation Program Guidelines 01.1 Purpose (continued) 5 The document describes requirements and design guidance that apply to the commercial to use public sidewalks and roadway spaces for outdoor dining, retail and entertainment uses. This document sets forth the City's expectations for issuing encroachment permits for the commercial use of portions of the street to ensure that public spaces remain accessible, safe, equitable, and well-designed and maintained. It serves as guidance to businesses, City staff, designers, and the public to create a welcoming, open, and attractive community-oriented environment. 01 Introduction California Ave Palo Alto, California Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 16  Packet Pg. 384 of 578  Outdoor Activation Program Guidelines The vision for Car Free California Avenue is to be a community-oriented main street that is an open, car-free environment that prioritizes community experience, meaningful social interaction, and commercial vitality. 01.2 Vision 6 01 Introduction One Seaport Boston, Massachusetts Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 17  Packet Pg. 385 of 578  Outdoor Activation Program Guidelines 01.2 Vision (continued) 7 By removing vehicle traffic and repurposing space for pedestrian use, the street becomes a welcoming community hub that invites spontaneous gatherings, fosters neighborhood identity, and stimulates economic vitality. Commercial use of outdoor space supports local businesses, enhances customer experience, and directly contributes to a thriving community destination. Activation spaces extend business activity into the public realm, creating opportunities for flexible, creative, and visually cohesive commercial use of the street. Well- designed activation areas contribute to a lively, inclusive, and safe atmosphere where residents and visitors feel a strong sense of belonging. 01 Introduction Car-Free Montreal Montreal, Canada Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 18  Packet Pg. 386 of 578  Outdoor Activation Program Guidelines 01.3 Objectives 8 This document advances the following objectives: A.Enhance Customer Experience and Local Business Vitality ○Create visually appealing, comfortable outdoor spaces that attract and retain customers ○Support diverse business needs through flexible activation space configurations ○Encourage private investment with consistent program standards and clear expectations B.Ensure Safety and Accessibility ○Maintain ADA-compliant pedestrian pathways and emergency access ○Use safe, durable, weather-resistant materials for all installations 01 Introduction C.Advance the Aesthetics and Livability of the Street ○Promote a unified yet diverse aesthetic that reinforces Cal Ave's unique character ○Provide aesthetic guidance for design elements to enhance the overall ambiance of the street ○Preserve visibility to adjacent storefronts and maintain open sightlines D.Encourage Adaptive Design ○Encourage Adaptive Design ○Promote adaptability to respond to seasonal changes in weather ○Maintain flexibility of the use of public space E.Foster Community Connection ○Promote the activation of street environments to invite shared experiences, events, and informal gatherings ○Enable Cal Ave to function as a true community destination and cultural hub F.Efficient and Equitable Use of Public Space ○Ensure efficient, equitable outdoor use of public right- of-way ○Avoid conflict with utilities, infrastructure and public safety features ○Support of long-term investment in well-managed outdoor spaces ○Enable a single, streamlined encroachment permit process Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 19  Packet Pg. 387 of 578  Outdoor Activation Program Guidelines General Requirements Topics ➔Street Zones ➔Location ➔Setbacks ➔Permitted Activities ➔Operator Responsibilities 02 Broadway Street Redwood City, California 9 Car-Free California Ave Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 20  Packet Pg. 388 of 578  Outdoor Activation Program Guidelines 02 General Requirements 02.1 Street Zones This section describes the location, setback, permitted uses and operational requirements for outdoor activation areas. The car-free portion of the California Avenue right-of-way consists of five zones, as shown in Figure 2.1. Frontage Zone Pedestrian Zone Curbside/Street Furniture Zone Access Zone Area designated for pedestrian, bicycle, emergency vehicle and certain service vehicles with permission. Sidewalk SidewalkRoadway Activity Zone Figure 2.1. Street Zones 10 Activity Zone Frontage Zone Pedestrian Zone Curbside/Street Furniture Zone Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 21  Packet Pg. 389 of 578  Outdoor Activation Program Guidelines Area designated for pedestrian, bicycle, emergency vehicle and certain service vehicles with permission. Provides pedestrian, emergency, and disabled access to the building. 02.1 Street Zones (continued) Extension of the building with entryways, recesses, doors, windows, awnings, and overhangs that extend into the street right-of- way. Frontage Zone Pedestrian Zone Access ZoneActivity ZoneCurbside/Street Furniture Zone Designated for street furniture, landscape, street trees, lighting, benches, green infrastructure, utilities, bicycle parking, planting, and other amenities. Area designated for outdoor dining, retail merchandise, and public space for use, such as the Farmers’ Market, events, public art, and other community, cultural or public uses to attract pedestrian activity to the street. 02 General Requirements 11 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 22  Packet Pg. 390 of 578  Outdoor Activation Program Guidelines Businesses are required to locate their Outdoor Activation space directly in front of the operator’s storefront. Commercial outdoor activation is permitted in the following three zones as shown in Figure 2.3. Location Map ●Frontage Zone ●Curbside/Street Furniture Zone ●Activity Zone Outdoor Activation spaces shall notobstruct or encroach upon the following: ●8-foot pedestrian through zone on sidewalks ●22-foot shared zone ●Designated pedestrian paths of travel ●Property Emergency Access Way ●Designated bike lanes 12 02.2 Location Bu i l d i n g P r o p e r t y L i n e Bu i l d i n g P r o p e r t y L i n e 02 General Requirements Figure 2.2. Location Diagram Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 23  Packet Pg. 391 of 578  Outdoor Activation Program Guidelines Area A Area B 02 General Requirements Figure 2.3. Location Map CAL AVE CAL AVE 02.2 Location (continued) Area A spans between El Camino Real and Mimosa Lane, and Area B spans from Mimosa Lane to Birch Street. As h S t Bi r c h S t El C a m i n o R e a l Cambridge Ave Sherman Ave Grant Ave Mi m o s a L n Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 24  Packet Pg. 392 of 578  Outdoor Activation Program Guidelines 14 02.3 Setbacks Setbacks are required and define the permitted area for outdoor activation. Setbacks apply to all design elements including –railings, screens, planters, structures, cantilevered awnings, umbrellas, or other elements. 02 General Requirements Smith Street, Brooklyn, New York Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 25  Packet Pg. 393 of 578  Outdoor Activation Program Guidelines 15 02.3 Setbacks (continued) Area A 02 General Requirements Legend Potential Permitted Zones Property Emergency Access Way Min. of 4 feet from each property edge, creating an 8-foot emergency access zone between adjacent properties Fire Hydrant Setback, 15’ Tree Setback, 3’ Drain Setback, 5’ Fire Hydrant Light Post Setback Note: Pedestrian Zone can vary in location on sidewalk, aligning at the curb or building front or in between. However ped zone is to be consistent across property frontage, and not by tenant Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 26  Packet Pg. 394 of 578  Outdoor Activation Program Guidelines 16 02.3 Setbacks (continued) Area B 02 General Requirements Ma t c h L i n e Legend Potential Permitted Zones Property Emergency Access Way Min. of 4 feet from each property edge, creating an 8-foot emergency access zone between adjacent properties Fire Hydrant Setback, 15’ Tree Setback, 3’ Drain Setback, 5’ Fire Hydrant Light Post Setback Note: Pedestrian Zone can vary in location on sidewalk, aligning at the curb or building front or in between. However ped zone is to be consistent across property frontage, and not by tenant Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 27  Packet Pg. 395 of 578  Outdoor Activation Program Guidelines 17 02.3 Setbacks (continued) For Fire Safety ●Two means of emergency access to and from buildings to the street right of way are required. ●Minimum of 4-feet from each property line, creating an 8- foot emergency accessway between adjacent properties. ●Minimum of 8-feet between structures to allow for emergency access. ●Structures must not overhang more than 12-inches into the emergency vehicle accessway. ●For multi-tenant buildings, boundary elements can adjoin, provided building setback requirements are met. For Street Trees ●Maintain a 3-foot clearance from tree trunks or major branches. ●Closer encroachment requires urban forestry approval. ●To protect tree roots, boundary elements may be installed adjacent to tree wells to direct foot traffic away from roots. For Utilities No utilities access points shall be covered by the Outdoor Activation space improvements, this includes storm drain catch basins and all telecommunication vaults and manholes. A minimum of 5 linear feet clearance must be maintained between improvements and any storm drainage feature such as catch basins. Outdoor Activation space improvements must allow access to the catch basin and shall not obstruct the catch basin. Improvements must not obstruct: ●Public utilities:(e.g., water, gas, wastewater, electric, fiber, streetlight, telecommunication vaults). ●Gas mains or services:(to avoid potential hazards). ●Fire Hydrants:Minimum 15-foot clearance required. ●Manhole Covers:Maintain a 5-foot radius for access. ●Storm Drain Catch Basins:Minimum 5-foot clearance required; outdoor activation area must allow maintenance access. If improvements to an outdoor activation area conflict with public infrastructure (e.g., signage, benches), applicants must consult Public Works for potential relocation. If relocation isn’t feasible, outdoor activation area must accommodate existing infrastructure. For Access Zone Include two foot planter setback in the outdoor activation area, facing the center of the street, along the accessway. Only planters, sandwich boards, hostess stations and ADA ramping up to a platform are permitted. No screens, tables, chairs, umbrellas, furniture, lighting, heaters, etc. are permitted. 02 General Requirements Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 28  Packet Pg. 396 of 578  Outdoor Activation Program Guidelines Commercial & Non-Commercial Activities All activity must be contained within the applicant’s permitted outdoor activation space. The following commercial and non-commercial activities are allowed within a permitted outdoor activation space: ●Dining ●Retail ●Community events ●Live music ●Pop-up installations ●Public art 18 02.4 Permitted Activities 02 General Requirements The Shop Iowa City, Iowa 12Degree Brewing Louisville, Colorado Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 29  Packet Pg. 397 of 578  Outdoor Activation Program Guidelines 02.4 Permitted Activities (continued) For dining, businesses are required to: ●Hours of operation are the same as approved hours for the establishment or per approved Conditional Use Permit. ●Provide all furnishings. ●Tables shall be placed in conformance with the health and safety standards established by Santa Clara County and State of California. ●Be ADA compliant both on the roadway and sidewalk. ●Fire of any kind is prohibited -this includes tea lights or firepits. ●Conditional Use Permit is required for a business to serve alcohol. No amendment to an approved business’ Conditional Use Permit is required to serve alcohol in outdoor activation areas. ●Businesses are required to comply with California Department of Alcoholic Beverage Control (ABC) for licensing and regulation of alcohol service. Dining 02 General Requirements 19 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 30  Packet Pg. 398 of 578  Outdoor Activation Program Guidelines 02.4 Permitted Activities (continued) For retail sales businesses are required to: ●Businesses must leave a minimum of 8’ of unobstructed walkway space for pedestrians. ●All displays must be removed daily. Nothing is permitted overnight. Retail 02 General Requirements 20 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 31  Packet Pg. 399 of 578  Outdoor Activation Program Guidelines Non-Commercial Activities Non-commercial activities, such as community events, live music, pop-up installations and public art are permitted and welcomed contributors to vibrant street life. These uses are: ●Temporary and open to the public ●Not associated with a specific business or private benefit ●May include events hosted by non-profits, cultural groups, or community members Non-commercial activations may not require an encroachment permit but could require other city approvals such as a temporary use permit. Contact the City of Palo Alto for requirements. 21 02.4 Permitted Activities (continued) 02 General Requirements 3rdThursday California Ave, Palo Alto Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 32  Packet Pg. 400 of 578  Outdoor Activation Program Guidelines 02.4 Permitted Activities (continued) For live entertainment, businesses are required to: ●Live entertainment will not spill outside of permitted activation space ●Any cords spanning the pedestrian through zone on the sidewalk must be secured to avoid tripping hazards with a cable cover or other ADA accessible cover ●Businesses must comply with the Palo Alto Municipal Code for noise limits. Entertainment 02 General Requirements 22 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 33  Packet Pg. 401 of 578  Outdoor Activation Program Guidelines 23 02.5 Operator Responsibilities Compliance ●Businesses owners must abide by the guidelines set forth in this document and the terms of their permit. ●If a business does not comply with these guidelines, the city reserves the right to enforce, modify or revoke a permit based on public safety, accessibility, operational conflicts, or other concerns. Maintenance ●Businesses owners must maintain and upkeep outdoor activation space. This includes cleaning furnishings daily, removing trash and recycling, replacing damaged lighting or heaters if applicable, and maintaining landscaping. ●Businesses must comply with the city requests to temporarily remove furnishings, such as seating and tables, for city maintenance or special events. ●Business owners are responsible for staying up to-date with permit fees, renewing their license and complying with standards/guidelines that may be implemented in the future. 02 General Requirements Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 34  Packet Pg. 402 of 578  Outdoor Activation Program Guidelines Design Elements Topics ➔Platforms ➔Boundary Elements -Planters, Railings, Sidewalls and Weather Screens ➔Overhead Shelter ➔Branding and Signage ➔Lighting ➔Heating ➔Electrical ➔Trash and Recycling ➔ADA Accessibility 03 Star Progetti Modular Perimeter Structure 24 Car-Free California Ave Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 35  Packet Pg. 403 of 578  Outdoor Activation Program Guidelines 25 03 Design Elements 03.0 Design Elements Outdoor activation spaces on California Avenue will consist of a range of design elements to create a welcoming, open, visually attractive and safe public environment. Design elements include: Platforms Boundary Elements Planters Boundary Elements Railings & Partitions Boundary Elements Sidewalls and Weather Screens Overhead Shelter Branding & Signage Lighting Heating Electrical Trash and Recycling ADA Accessibility Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 36  Packet Pg. 404 of 578  Outdoor Activation Program Guidelines 03 Design Elements 03.0 Design Elements (continued) This is an example of a possible configuration of design elements. This is one of many possible configurations. 26 Planters Weather Screens Overhead Shelter Furniture Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 37  Packet Pg. 405 of 578  Outdoor Activation Program Guidelines 03.0 Design Elements (continued) Design Element Applies to All Activation Areas Required for Outdoor Dining Optional Required for all activation areas (dining, retail, other) Required specifically for outdoor dining To enhance customer comfort and year-round usability 3.1 Platforms ✓ 3.2.a Boundary Elements -Planters ✓✓ 3.2.b Boundary Elements -Railings ✓ 3.2.c Boundary Elements -Sidewalls and Weather Screens ✓ 3.3 Overhead Shelter ✓ 3.4 Branding and Signage ✓ 3.5 Lighting ✓(for evening service) 3.6 Heating ✓ 3.7 Electrical ✓ 3.8 Trash and Recycling ✓✓ 3.9 ADA Accessibility ✓✓ Design elements are required or optional per the table below. 03 Design Elements 27 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 38  Packet Pg. 406 of 578  Outdoor Activation Program Guidelines 03.1 Platforms Platforms are a level, horizontal surface extending from the sidewalk into the roadway, bringing the restaurant dining experience outdoors, providing a stable, accessible floor surface and protecting patrons from water runoff on the street. Applicants can choose whether to make platform improvements depending on the level of the sidewalk and roadway. Washington DC Pilot Streatery Adams Morgan, Washington DC 03 Design Elements 28 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 39  Packet Pg. 407 of 578  Outdoor Activation Program Guidelines Platform Requirements (continued) 1.Layout a.Be level with the sidewalk b.Comply with ADA standards 2.Materials a.Durable, weather-resistant, and safe for pedestrian use b.Constructed with exterior-rated, high-quality materials, including: ■Natural, durable wood (e.g., redwood, cedar) ■Preservative-treated wood ■Light-gauge steel ■Other engineered materials suitable for exterior conditions c.The floor shall have finish and slip resistance (BH is a minimum of 0.6 coefficient of friction). 3.Structural a.Support a live load of 100 pounds per square foot. b.All fastening hardware and fasteners used with preservative treated wood must be made of: ■Hot-dipped zinc-coated galvanized steel ■Stainless steel ■Silicon bronze ■Copper 4.Edge Conditions a.Platform must be partially covered with the planters perpendicular to the line of travel. b.Platform edge along the access way cannot be more than 25% covered c.For a long platform, railings mounted on the platform are permitted here. 5. Drainage, Ventilation & Rodent Proofing a.Platform underside must be constructed to allow for seasonal drainage. b.Adequate cross-ventilation to enable the surface to dry within 12–24 hours. c.Openings beneath the platform must be screened with corrosion- resistant material with a maximum mesh size of 0.25 inches. d.Platforms must not impede curbside drainage. ■A minimum clearance of 6.5 inches from the sidewalk curb must be maintained along the platform's entire length. ■Openings at either end of the platform must be covered with screens to prevent debris accumulation beneath the platform and in the gutter. e.Closure decking must be removable to allow for under-platform inspections as needed. f.Platform to be sloped a minimum ⅛ inch per linear foot towards the sidewalk for drainage. g.Any debris and leaves shall be removed immediately by the permittee to allow free flow of water. h.Leaves and litter shall not be blown in the street and shall be bagged and placed in the appropriate disposal bin. i.Refer to drainage detail below for platform attachment to sidewalk. 03 Design Elements 29 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 40  Packet Pg. 408 of 578  Outdoor Activation Program Guidelines 03.2 Boundary Elements Planters, Railings and Sidewalls The commercial use of outdoor space requires boundary elements to spatially separate outdoor dining areas yet maintain an open, welcoming pedestrian environment. Boundary elements are not intended to obstruct views to or from dining areas, retail storefronts, bicycle lanes, or pedestrian routes. The openness of the street —visually and acoustically —is essential to fostering a community- friendly, vibrant environment. Boundary elements: ●Define and organize active spaces ●Enhance customer comfort for year-round use ●Improve aesthetics for both the business and the street ●Maintain clear, safe circulation routes ●Enhance the overall public realm without enclosing or privatizing public space 03 Design Elements 30 Santana Row San Jose, California Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 41  Packet Pg. 409 of 578  Outdoor Activation Program Guidelines Boundary Element Guidelines (continued) 1.For Platforms For those choosing to install a platform, the following guidelines on boundary elements must be implemented: a.The edges of the platform shall be enclosed on three sides with planters or railings (only sidewalk open) b.Boundary elements must ensure visibility to pedestrians and not create a visual barrier. c.The edge treatment shall be substantially secured to the platform. 2.For Outdoor Dining or Retail Uses The following table summarizes key differences in boundary requirements between outdoor dining and retail uses on sidewalk and roadway areas. Outdoor Dining Retail Activity Seated, longer stays (eating/drinking) Browsing, movement (shopping) Need for Boundary Yes (defines service area, meet ABC/alcohol regulations if serving alcohol, can be minimal) Optional (prioritize openness for browsing) Boundary Type Planters Railings or partial screens that suggest an “area” without fully enclosing Planters Movable displays No fixed railings Movable screens Flexibility Moderate Furniture and fixtures can remain overnight, no fixed furniture to sidewalk or roadway High Merchandise can be moved in/out daily; no overnight merchandise and furnishings, maintain flexibility for use of roadway for Farmers’ Market and street events 03 Design Elements 31 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 42  Packet Pg. 410 of 578  Outdoor Activation Program Guidelines 03.2.a Boundary Elements: Planters Planters are a required design element for all outdoor activation areas. They serve as buffers, introduce garden planting and color to enhance the appeal of the street, and address limited in-ground landscaping. 03 Design Elements 32 Examples of Preferred Planter Types Low, powder coated steel Modular, movelable, with drought tolerant planting Wood planters with aluminum frame Modular, movelable, with drought tolerant planting Wood planter, steel frame Modular, moveable with integrated casters, drought tolerant planting Modular planter with integrated glass screen Attached to adjacent buildings to provide broad coverage and integration with architecture. Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 43  Packet Pg. 411 of 578  Outdoor Activation Program Guidelines Planter Requirements (continued) 1.Types a.Free standing planters of various materials ranging in height from 24”-3O”. May be integrated with other boundary elements such as stanchions, railings, or wind screens. 2.Placement a.Planters are required on sides of outdoor activation zones, perpendicular to the path of travel without blocking pedestrian access, emergency access, or visibility between storefronts. b.A two foot planter setback is required where outdoor dining faces the center of the street along the accessway. c.Planters are required a minimum of 25 percent of the frontage facing the center of the street and are optional facing the sidewalk for outdoor dining areas.. Each activation zone must provide a 4’ wide minimum accessible entry from the sidewalk. 3.Specifications a.Planters must be freestanding, movable, and made of durable, weather- resistant materials b.Must include planting, with regular maintenance by the business owner c.Not exceed 30 inches in height where creating the boundary of an outdoor dining area d.Support seasonal planting or drought-tolerant species 4.Material Palette a.Use high-quality materials such as: b.Powder-coated metal c.Fiberglass d.ceramic e.Finished wood with weatherproof seal 5.Avoid a.Bright plastic, untreated wood, DIY containers, concrete or CMU blocks b.No plants shall have thorns, spikes, or sharp edges. c.Poisonous or invasive plants are not permitted. Planter Design Guidelines 1.Selecting one planter shape, whether round, rectangular, or tapered, and then varying sizes, maintains uniformity of design, and can be arranged to create a layered garden, rather than mix of planter shapes of the same size which can be visually confusing. 2.Utilizing a diversity of plantings can enliven retail areas and support a colorful, active street life. 3.Arranging small, medium, and large planters together in a cluster increases the amount of planting visible at eye level than repetition of one planter size, for retail areas. 4.Coordinated plant palettes (native grasses, succulents, seasonal flowers) can unify the street experience. Outdoor Dining 1.Planters should define a clear border around dining areas to promote visual harmony 2.Aim for unified planting design —consistent planter types, material palettes, and/or coordinated plant selections along each frontage. Outdoor Merchandising 1.Planters may be arranged in flexible, clustered groupings to create an open and informal, and not a strictly bounded, environment. 03 Design Elements 33 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 44  Packet Pg. 412 of 578  Outdoor Activation Program Guidelines 03.2.b Boundary Elements: Railings and Partitions Railings and Partitions can define the boundary of each outdoor dining area and adjacent pedestrian and bike path areas. They are to support safety, maintain visibility, and foster cohesive streetscape design. They must meet minimum size, stability, and accessibility standards while creating a functional, attractive urban aesthetic. Free standing partition / planter combination Free standing, powder coated steel partition with graphic elements Metal railings affixed to sidewalk Examples of Prefered Railing Types 03 Design Elements 34 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 45  Packet Pg. 413 of 578  Outdoor Activation Program Guidelines Railing & Partition Requirements (continued) 1.Location a.Permitted to be attached to sidewalks and platform edges b.Not permitted to be attached to roadway 2.Height a.Maximum of 42 inches b.Minimum of 36 inches where required for separation or fall prevention 3.Transparency a.Maintain at least 50% openness above 30 inches to preserve sightlines between the dining area and public realm 4.Stability a.Modular systems should have interlocking connections or corner bracing 5.Clearances a.Must not encroach on the 8-foot pedestrian path or ADA-compliant access routes b.Railings must not obstruct fire hydrants, utility vaults, or emergency access zones 6.Materials a.Use weather-resistant, durable materials such as: i.Powder-coated metal (steel, aluminum) ii.Treated hardwood iii.Composite or engineered wood iv.Painted steel cable systems b.Avoid: i.Corrugated plastic, fabric barriers, chain link, or unpainted raw wood c.Finish: i.Matte or satin, avoiding reflective or mirrored surfaces ii.Use neutral or coordinated colors unless the business is applying branded colors that align with Cal Ave’s design palette. See Appendix page [x] for more information on this. Railing & Partition Design Guidelines 1.Visual Quality a.Railings should enhance the architectural character of the building and neighboring storefronts b.Where possible, integrate planter boxes, branded panels, or integrated signage within the railing system 2.Flexibility & Modularity a.Modular Systems ■Freestanding railing systems that can be easily removed, reconfigured, or relocated are encouraged ■Where multiple businesses share a continuous frontage, systems should align or coordinate across property lines b.Integrate with other elements ■Attach to platforms, if present (and not installed resulting in damage to city infrastructure) ■Combine with planter boxes, lighting elements, or sidewall systems 03 Design Elements 35 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 46  Packet Pg. 414 of 578  Outdoor Activation Program Guidelines 03.2.c Boundary Elements: Sidewalls & Weather Screens Modular weather screens are to provide flexible, seasonal weather protection for dining spaces and preserve the openness, pedestrian visibility, and access between the street and storefronts. Modular screens Prefabricated modular panels with glass wind screen Wood planter with screen Wood planters integrated glass screen Examples of Prefered Sidewalls & Weather Screen Types 03 Design Elements 36 Movable planter Moveable planter with integrated glass screen Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 47  Packet Pg. 415 of 578  Outdoor Activation Program Guidelines Sidewall & Weather Screen Requirements (continued) 1.Materials a.Anodized aluminum, tempered glass, or durable composite 2.Transparency a.Areas above 30 inches must be at least 50% transparent b.Must not block visibility between street and storefronts 3.Height a.Recommended height 6 feet b.Maximum height 8 feet Weather Protection Design Guidelines 1.Wind and Weather Screens: a.Free-standing panels or movable screens for seasonal wind, rain, or UV protection 2.Adjustable Height Glass Screens: a.Systems where the upper panel can be raised or lowered based on weather 3.Planter-Integrated Screens: a.Combined planter/screen units to green the space and buffer weather 4.Materials: a.Tempered glass b.Polycarbonate c.Recycled composite 5.Avoid: a.Opaque walls b.Corrugated plastic c.Patchwork or fabric-based solutions Weather Protection Design Guidelines (continued) 6. Emphasize visual permeability and natural light 7. Not Allowed a.Fully opaque walls over 30 inches b.Temporary fencing, crowd-control barricades c.Plastic sheeting or tarps as weather protection d.Do it yourself structures using mixed salvage materials Outdoor Alcohol Service ●If alcoholic beverages are served in the activation space: ○A physical boundary and signage must be provided to clearly delineate the licensed premises as required by the California Department of Alcoholic Beverage Control (ABC). ○The boundary may consist of planters, railings, or modular screens and ■Visibly defines the edge of the dining area ■Complies with ADA and emergency access standards ■Maintains openness and transparency above 30 inches ○Businesses are responsible for maintaining their beverage barriers in good condition and ensuring compliance with all ABC conditions of licensure. ○Reference: California ABC Premises Expansion Guidelines 03 Design Elements 37 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 48  Packet Pg. 416 of 578  Outdoor Activation Program Guidelines 38 03 Design Elements Example A: minimum allowed enclosure facing promenade The boundary condition of an outdoor activation space can be designed in a variety of ways. These are a few examples, viewed from the accessway. Example C: Combination of low planters and seating / benches with min. 4’ entry 03.2.d Boundary Examples Raili Example B: Free standing partitions with branding and 4’ min entry Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 49  Packet Pg. 417 of 578  Outdoor Activation Program Guidelines 03.3 Overhead Shelter To create a comfortable outdoor dining experience and provide effective weather protection that shields patrons from sun, rain, and moderate wind, Cal Ave outdoor outdoor activation areas may use robust, high-quality umbrellas and awnings designed for durability, stability, and adaptability. Large-format umbrellas complement dining areas aesthetically while adhering to safety standards. Building- mounted awnings enhance coverage and visual cohesion, ensuring a unified, inviting environment. 03 Design Elements 39 Placa Reial Barcelona, Spain Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 50  Packet Pg. 418 of 578  Outdoor Activation Program Guidelines Overhead Shelter Requirements (continued) 1.Material Specifications a.Canopy Fabric: i.High-grade, solution-dyed acrylic (e.g., Sunbrella, Outdura). ii.UV-resistant, waterproof, mildew-resistant, minimum 9 oz/sq. yd fabric weight. b.Frame Material: i.Corrosion-resistant frames (marine-grade aluminum, stainless steel, or fiberglass). 2.Wind and Stability a.All umbrellas placed in the public right-of-way must be commercial grade, intended for outdoor public and commercial use. b.Umbrellas are to be free standing and not anchored to the roadway or sidewalk) c.Wind Performance i.Umbrellas must be secured in a free standing, weighted base per manufacturer recommendations. ii.Umbrellas must be rated by the manufacturer to remain stable in wind conditions while open when installed per manufacturer’s instructions. iii.Umbrellas must be closed and secured during wind conditions per manufacturer’s recommendations. d.Applicant must submit product specifications and describe base and fastening methods with application. e.Awnings: i.Must be securely anchored to building façades. Overhead Shelter Guidelines 1.Size and Coverage a.Umbrella Diameter: i.Typically between 13 to 20 feet. ii.Fewer, larger umbrellas preferred over many smaller ones. b.Clearance Height: i.Minimum 7–8 feet from ground to canopy edge when fully opened. 2.Wind and Stability a.Wind Vents and Reinforced Seams: i.Double-vented designs encouraged. 3.Weather and UV Protection a.Waterproof coatings and reinforced seams. b.UPF 50+ rating for UV protection. c.Light or reflective canopy colors recommended for heat reduction. 4.Functionality and Flexibility a.Tilt and Rotation Adjustments: i.For cantilever umbrellas: 360-degree rotation and adjustable tilt preferred. b.Ease of Operation: i.Use crank or pulley systems for opening/closing. c.Retractability: i.Retractable awnings encouraged for year-round flexibility. d.Lighting Integration: i.Ambient or task lighting within umbrellas/awnings (compliant with lighting requirements). 03 Design Elements 40 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 51  Packet Pg. 419 of 578  Outdoor Activation Program Guidelines Cantilever umbrellas Flexible, unobstructed space beneath the umbrella, enabling open seating and multi-table coverage. Center-pole (market-style) umbrellas Anchored installations with a central pole that does not obstruct movement or seating. Multi-canopy umbrella systems Multiple canopies on a single frame, allowing greater coverage and flexibility for large spaces. 03.3 Overhead Shelter (continued) Building facade-mounted retractable awnings Attached to adjacent buildings to provide broad coverage and integration with architecture. Preferred Overhead Shelter Types The following are allowed ●Cantilever umbrellas ●Center-pole (market-style) umbrellas ●Multi-canopy umbrella systems ●Building facade-mounted retractable awnings Other overhead shelter types may be permitted provided that location, setback, clearance and area requirements are met, they are not attached to the roadway, they are easily and quickly removable for utility access, and meet wind and stability requirements. 03 Design Elements 41 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 52  Packet Pg. 420 of 578  Outdoor Activation Program Guidelines 03.3 Overhead Shelter (continued) The following are NOT allowed ●Pop-up tents ●Permanent wood-framed roof structures ●Corrugated plastic or metal roofing materials ●Extending beyond the Outdoor Activation space Pop-up tent Customized overhead shelters of any material or form Multi-colored, branded umbrellas 03 Design Elements 42 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 53  Packet Pg. 421 of 578  Outdoor Activation Program Guidelines 03.4 Branding & Signage Branding and signage on Cal Ave activation areas help define the district’s identity, support business visibility, and contribute to a cohesive and welcoming public realm. 03 Design Elements 43 Fort Point Ferry Building San Francisco, California Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 54  Packet Pg. 422 of 578  Outdoor Activation Program Guidelines Free-standing signs Sandwich Boards made of metal (durable material) Surface-mounted signs Branding on 30” boundary elements (planters or screens) 03.5 Branding & Signage (continued) Preferred Branding & Signage Types Branding and signage are allowed on the following locations: ●On Sandwich Boards ●On boundary elements ●Must be located within the Outdoor Activation space 03 Design Elements 44 Partition -mounted signs Branding on 30” boundary elements (planters or screens) Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 55  Packet Pg. 423 of 578  Outdoor Activation Program Guidelines 03.5 Branding & Signage (continued) Do not place signage in pedestrian through zones Signage cannot be placed in streetscape garden Outside the Outdoor Activation space Branding and signage are NOT allowed on the following locations: ●On umbrellas, awnings, or vertical screens above 36 inches ●painted murals, decals, or wraps on activation area surfaces ●Pedestrian through zones ●In planters ●Any location outside the designated outdoor activation space 03 Design Elements 45 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 56  Packet Pg. 424 of 578  Outdoor Activation Program Guidelines 03.5 Lighting Thoughtful, human scale lighting can improve the comfort, safety, and appearance of outdoor activation spaces, and will significantly contribute to the attractiveness of the street. Applicants interested in lighting should consider solar-powered lighting that uses a rechargeable battery. 03 Design Elements 46 Mill Street Grass Valley, California Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 57  Packet Pg. 425 of 578  Outdoor Activation Program Guidelines Umbrellas mounted, integrated lighting Umbrellas mounted, integrated lighting 1 2 03.6 Lighting (continued) Preferred Lighting Types The following are allowed ●Lighting integrated into overhead canopies, umbrellas ●Lighting integrated into furniture, boundary elements ●String lights, wall-mounted downlights, solar or rechargeable table lamps 03 Design Elements 47 Overhead String Lights Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 58  Packet Pg. 426 of 578  Outdoor Activation Program Guidelines Lighting Requirements (continued) 1.Businesses must comply with the following standards, consistent with the City of Palo Alto and California Electrical Code: 2.Lighting is required for outdoor dining areas for food and beverage service in the evening hours. 3.Allowed Fixture Types: a.LED-only lighting b.String lights, wall-mounted downlights, solar or rechargeable table lamps 4.All lighting must be rated for exterior use, listed, and carry a product certificate for its intended use by a recognized electrical testing laboratory. 5.Power & Installation: a.Power must come from a weatherproof GFCI outlet mounted on the building (min. 10 feet above ground) b.Wiring must follow permanent wiring methods per code and run via a single overhead guide wire c.No extension cords, power strips, or generator use d.Electrical equipment must be UL or ETL certified for outdoor commercial use 6.Placement & Output: a.Lighting must stay within the activation area and not encroach into pedestrian walkways b.Fixtures must aim downward, with shielding to prevent upward light spill c.Max output: 100 watts or 1,600 lumens per fixture d.Lighting shall be of the lowest intensity and energy use adequate for its purpose and be designed to focus illumination downward to avoid excessive illumination above the light fixture with a maximum of 100 watts or 1600 lumens, whichever is greater, per fixture. 7.Permits: a.An electrical permit is required for all permanent wiring and exterior receptacle installations b.If installing permanent lighting on the Outdoor Activation space or adding the exterior GFCI receptacle at the building per IV(D)2a, an electrical permit shall be obtained and shall comply with permanent wiring methods as outlined in the adopted California Electrical code. Lighting Guidelines To support a comfortable, visually cohesive street experience, businesses are encouraged to: 1.Use ambient lighting for general glow, task lighting for tables, and accent lighting for architectural features or planters 2.Select fixtures that complement storefront architecture and minimize visual clutter 3.Use low-wattage (5–20W) warm LEDs to enhance atmosphere without over- lighting 4.Choose solar-powered or battery-operated lighting where feasible to reduce energy use 5.Incorporate timers, motion sensors, or photocells to automatically turn off lights when not needed 6.Avoid harsh glare near pedestrian or bike paths, and maintain consistent spacing to reduce dark spots 03 Design Elements 48 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 59  Packet Pg. 427 of 578  Outdoor Activation Program Guidelines Outdoor heating elements may be used to enhance patron comfort in outdoor activation areas during cold weather. Electric and propane (LPG) heaters that meet City of Palo Alto safety, and permitting requirements are permitted. All heaters are to be weather rated, certified for commercial outdoor use and installed according to manufacturer instructions and applicable fire and electrical codes. 03.6 Heating 03 Design Elements 49 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 60  Packet Pg. 428 of 578  Outdoor Activation Program Guidelines 3.Proposed outdoor storage of 20-pound containers requires plan review and inspection. 4.On-site storage of 20-pound propane containers (5 gal) is prohibited indoors. 5.Propane storage is not allowed in the public right-of-way. 6.If businesses do not have an approved private outdoor storage area, all propane containers must be removed from the premises at the close of business every day. 7.LPG Heaters are not permitted on the sidewalk in the pedestrian path of travel 8.LPG heaters cannot be placed underneath overhead canopies, awnings, inside buildings or tents and they must have 5-feet clearance from any flammable materials 9.Any use of a portable heater, portable generator, candles, open flame, or any activity regulated by the Fire code must be approved and permitted by the Palo Alto Fire Department separately from the outdoor activation encroachment permit. 10.A fire extinguisher is required to be mounted within sight and have appropriate signage per the Fire Code. Heating Requirements (continued) Electric radiant or infrared heaters: 1.UL-listed, ETL certified, and labeled for outdoor commercial use 2.Located and installed per manufacturer’s instructions and specifications. 3.Meet City installation requirements a.Comply with the power supply requirements in section IV.D.2. b.Electric heaters must be placed at least 3 feet away from any combustible materials or as required by Manufacturer’s installation instruction, whichever is more restrictive. c.Mounted securely (8–12 feet above ground if overhead) ■Ensure adequate airflow, and avoid installation in exposed, high- wind areas ■Electrical cords must be rated for outdoor use, protected, and must not pose a trip hazard ■Do not place heaters in pedestrian paths of travel, including on sidewalks or in any required accessible clearance zones d.A fire extinguisher is required to be mounted within sight and have appropriate signage per the Fire Code. Propane heaters: 1.Permitted with an approved HAZMAT permit and CERS submittal. 2.HAZMAT permit is required for storage and use of liquid propane gas. A site plan with the desired location of each heater is required at time of the hazmat permit application. All storage locations and use areas must be noted in the HAZMAT permit application and approved during fire inspection. A final onsite hazmat inspection will be conducted to ensure the proper spacing of heaters form combustibles and emergency access/egress and storage of LPG. 03 Design Elements 50 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 61  Packet Pg. 429 of 578  Outdoor Activation Program Guidelines All outdoor heating and lighting systems must be powered safely and in compliance with the California Electrical Code and City of Palo Alto requirements. Electrical infrastructure must be reviewed as part of the permit process when installing fixed lighting, overhead heating, or building-mounted outlets. 03.7 Electrical 03 Design Elements 51 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 62  Packet Pg. 430 of 578  Outdoor Activation Program Guidelines Electrical Requirements (continued) 1.Power Source a.Power must originate from a weatherproof GFCI outlet mounted to the exterior of the building b.Outlet must be installed no lower than 10 feet above the walking surface c.Power may not be sourced from: ■City streetlights ■Tree-mounted wiring ■Temporary outlets or plugs 2.Wiring and Installation a.Electrical connections must use permanent wiring methods per California Electrical Code b.Power must be routed via one overhead guide wire from the building to the outdoor activation area in sidewalk areas with mosaic glass c.No cords may run along or under the sidewalk d.No extension cords or power strips are permitted e.Power cords between the building and the Outdoor Activation space shall be secured to one (1) single overhead guide wire between the building and the Outdoor Activation space structure. f.Portable generators are prohibited for any outdoor activation use 3.Permitting a.An electrical permit is required for: ■Installation of any new building-mounted exterior outlet ■Permanent lighting or fixed heating systems 4.All equipment must be: a.UL or ETL certified b.Rated for outdoor commercial use 5.Not allowed a.Televisions are not permitted. b.Amplified is not permitted on Outdoor Activation spaces. Any ambient sound may only originate from the interior of the business’s occupied building. 03 Design Elements 52 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 63  Packet Pg. 431 of 578  Outdoor Activation Program Guidelines Clean and well-managed outdoor spaces are essential to maintaining public health, supporting sustainability, and enhancing the visual character of California Avenue. All businesses participating in the Outdoor Activation Program are responsible for proper waste management in compliance with the City’s Zero Waste Palo Alto Ordinance and local solid waste sorting requirements. 03.8 Waste Management 03 Design Elements 53 Retrograde and Sunshine Cafe Sebastopol, California Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 64  Packet Pg. 432 of 578  Outdoor Activation Program Guidelines Waste Management Requirements (continued) 1.Keep outdoor activation area and adjacent sidewalks free of litter, food waste, and stains 2.Clean surfaces daily, and power wash at least once per month 3.Prevent debris and liquids from entering storm drains or accumulating near planters or barriers 4.Maintain clear access to drainage grates and public infrastructure 5.Comply with Palo Alto’s solid waste ordinance and support citywide zero waste goals: 6.Provide clearly labeled and color-coded containers for: ○Recycling (blue-tinted liners) ○Compost (green compostable liners) ○Landfill (clear liners) 7.Containers must be: ○Easily accessible to customers and staff ○Routinely emptied and cleaned ○Kept in a location that does not obstruct pedestrian paths 03 Design Elements 54 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 65  Packet Pg. 433 of 578  Outdoor Activation Program Guidelines Individual containers Clearly defined trash, recycling and compost bins. Combined unit Trash, compost and recycling bins in a single unit. 03.8 Waste Management (continued) Preferred Trash & Recycling Types The following are allowed ●Individual Containers ●Combined Unit 03 Design Elements 55 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 66  Packet Pg. 434 of 578  Outdoor Activation Program Guidelines 03.9 Accessibility All outdoor activation areas are required to be accessible and usable by people with disabilities. All accessibility features are to be designed and constructed to conform to the requirements of the Americans with Disability Act accessibility guidelines and standards. Compliance with the ADA can include a surface flushed with the sidewalk or an outdoor activation space that provides an ADA compliant ramp, railing, landing, and associated eating and drinking facilities. 03 Design Elements 56 Sunday to Sunday Manhattan, New York Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 67  Packet Pg. 435 of 578  Outdoor Activation Program Guidelines Accessibility Requirements (continued) 1.Flush with Sidewalk Outdoor Activation: a.The surface of the Outdoor Activation space platform must be flush with the adjacent sidewalk with a maximum gap of one quarter inch and one quarter inch vertical tolerance. b.A minimum 4-foot wide accessible path of travel and 5-foot diameter turnaround space must be maintained within the Outdoor Activation space. c.Any abrupt changes in elevation exceeding 4 inches along an accessible path of travel shall be identified by 6-inch tall warning curbs. 2.Depressed or Elevated Outdoor Activation: a.If a ramp is required for access to the outdoor activation area or a portion thereof, it shall comply with all accessibility ramp provisions. 3.Seating a.Any seating and dining must comply with the applicable accessibility requirements outlined in the adopted California Building Code. The establishment shall provide 5 percent accessible seating for each type of seating provided (table, booth, etc.) or a minimum of one seat per type, whichever is greater, in an outdoor seating area where the slope is no greater than 2 percent in any direction. b.Such ADA accessible seating shall be of the same size and appearance as the establishment’s other outdoor seating. c.Refer to Section [ ] for additional accessibility requirements (WIP) d.See Appendix [ ] for standards.(WIP) 03 Design Elements 57 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 68  Packet Pg. 436 of 578  Outdoor Activation Program Guidelines Encroachment Permit Application Topics ➔Permit Process ➔Submittal Requirements ➔Extension Beyond Establishment ➔Removing an Outdoor Activation Area ➔Outdoor Activation Area Fee 04 58 Car-Free California Ave Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 69  Packet Pg. 437 of 578  Outdoor Activation Program Guidelines 04.1 Permit Process 04 Encroachment Permit Application The Outdoor Activation Program is effective (date) through (date) Please see [ ] for permitting process. ➔Any applicant seeking to install a Outdoor Activation space in the public right-of-way in the City of Palo Alto must apply for and receive a valid Encroachment Permit before beginning construction of the Outdoor Activation space. The permit application will be reviewed by the Department of Public Works and other relevant City departments, prior to approval. ➔The Department of Public Works shall be an applicant’s primary point of contact. ➔Construction of a Outdoor Activation space cannot begin until a permit application has been approved and the permit issued to the applicant. If work begins prior to approved application, the Outdoor Activation space materials will be removed and the applicant will be fined. ➔Prior to serving patrons and otherwise operating the Outdoor Activation space, the Outdoor Activation space must be inspected by the Department of Publics Works and approved for use. ➔An eligible establishment with a valid Encroachment Permit may construct and operate a Outdoor Activation space subject to the standards and requirements contained in this document, applicable sections of the Palo Alto Municipal Code (PAMC), other documents associated by reference, and other documents declared relevant by the Director of Public Works and his or her designee. 59 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 70  Packet Pg. 438 of 578  Outdoor Activation Program Guidelines 04.2 Submittal Requirements 04 Encroachment Permit Application Site Plan ➔Site plan shall be drawn to scale on 11 x17 tabloid paper, include all pertinent dimensions and the following information: ◆Location of the business frontage ◆Dimensions of the outdoor activation area ◆ADA accessibility measurements ◆Setbacks from adjacent property lines and the accessway ◆Location of public utilities including any manhole covers, gutter drains, fire hydrants, and FDCs, light poles, etc. and their distances to the outdoor activation area and proposed improvements ◆Any adjacent installations on the sidewalk including utility boxes, street signs, bike racks, street furniture, street trees, tree wells, etc. and their distances to the outdoor activation area and proposed improvements ◆Crosswalks, bus stops, driveways and their distances to the outdoor activation area and proposed improvements ◆Width of sidewalk 60 ◆Planters ◆Locations and extent of affected neighbors and their adjacent businesses Floor Plan ➔Floor Plan of the proposed outdoor activation area showing the following information: ➔Total number and location of tables and seats and/or benches ➔Dimensions of tables, seats, and benches and other furniture Elevations ➔Elevation drawing showing the following information: ➔Height and design of any platform, railings and/or boundary elements ➔Heating, lighting, other electrical equipment ➔Power connection (show distance from ground to overhead wire) ➔Storm water drainage ➔Cross-section drawing of outdoor activation area Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 71  Packet Pg. 439 of 578  Outdoor Activation Program Guidelines 04 Encroachment Permit Application Construction Drawings showing the following information: ➔Structural drawings (platform, railings, electrical poles) ➔Structural calculations ➔Heating, lighting, other electrical equipment ➔Electrical power connection/source Pictures of Existing Conditions ➔The application should include at least three photos showing existing public right-of-way for the proposed outdoor activation area, including the proposed sidewalk and roadway area to converted into an outdoor activation area, adjacent sidewalk and store frontage of the proposed business and adjacent store frontages List of Materials and Equipment ➔Materials palette showing the following information: ◆Proposed materials for platform ◆Proposed materials for railings/enclosures ◆Equipment sheet including image of equipment 61 Outdoor Activation Information ➔Proposed use ➔Business hours of operation ➔Architect/Engineer/Construction firm contact (if applicable) Business Information ➔Address Business Owner Information ➔xx 04.2 Submittal Requirements (continued) Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 72  Packet Pg. 440 of 578  Outdoor Activation Program Guidelines 04 Encroachment Permit Application Property Owner Information (if different from applicant) ➔xx Insurance Documents ➔Letter(s) of Consent –An outdoor activation applicant must get a letter of consent from neighboring ground- floor tenant(s) if their activation space is to extend beyond their storefront (see 04.2 extension beyond establishment) Indemnity Acknowledgement ➔xx 62 04.2 Submittal Requirements (continued) Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 73  Packet Pg. 441 of 578  Outdoor Activation Program Guidelines 04.3 Extension Beyond Establishment Outdoor Activation areas may extend beyond the applicant’s store front with a letter of consent from neighboring ground-floor tenants. If an outdoor activation area extends in front of neighboring storefront(s) or proposes to extend in front of neighboring storefront(s), written notice will be sent to the affected neighbor(s) at the time of permit application and annual renewal. The business adjacent to the affected neighbor(s) will also receive notices. ➔If the neighboring ground-floor property is vacant, then the letter of consent is not required for the duration of the permit. Outdoor activation sponsor must obtain an up-to-date letter of consent for any future license renewals as requested by Public Works during future permit renewal processes. ➔If Outdoor activation sponsor cannot obtain an up-to-date letter of consent, or if the outdoor activation space occupancy in not in accordance with the terms of any applicable law, these regulations, and/or any permit requirement, the outdoor activation sponsor is responsible for the removal of any structure on the outdoor activation permit extending into a neighboring frontage within 90-days. ➔If the affected neighbor(s) or adjacent business wish to claim the same space for their own outdoor activation area, they must notify the city in writing within 30 days of the notice. ➔If a competing claim for the space from the adjacent business is confirmed, the affected neighbor has priority over the space. However, an outdoor activation area permit application must be submitted by the affected neighbor within 60 days of the first notice to claim the space. ➔If a competing claim for the space from the adjacent business is confirmed, and the affected business does not claim the space, the adjacent business and original outdoor activation area permittee shall split the space. ➔The Space shall be split from the centerline. ➔If applicable, an outdoor activation area sponsor must remove and/or alter their outdoor activation area (applying for applicable permits) within 90 days of receiving notice of a competing claim for the space(s). 04 Encroachment Permit Application 63 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 74  Packet Pg. 442 of 578  Outdoor Activation Program Guidelines 04.4 Removing an Outdoor Activation Area If for some reason the Outdoor Activation sponsor decides they no longer want to maintain an Outdoor Activation space, the sponsor is responsible for notifying the City and removing it at the sponsors’ own expense. Immediately upon removal the Outdoor Activation area shall be cleaned and restored to its previous condition to the satisfaction of the City. ➔Failure to Maintain an Outdoor Activation: Sponsor who fails to properly and sufficiently maintain the cleanliness, safety, and accessibility of their space may be subject to violations and fines. If maintenance issues are not resolved, the City may revoke the encroachment permit and the sponsor may be required by the City to remove the Outdoor Activation space at their own expense. ➔Utility Maintenance & Public Safety:Because an Outdoor Activation space may sit atop buried utilities, there may be instances where it will need to be removed to access, clean, maintain, repair or other action to the utilities beneath it. In the event of necessary utility maintenance or the unlikely event of a utility failure such as a gas leak or water main break that threatens public safety, the City may request the sponsor to move a platform or other improvement, or the City or utility owner may remove improvements with little or no notice. The sponsors are responsible for the cost of reinstalling and restoring any damage to the Outdoor Activation space. In instances of advanced notice (such as street repaving, planned maintenance, etc.), the sponsor may need to remove and reinstall the Outdoor Activation space at their sole expense. If the sponsor cannot remove the space, the City will remove it for them. Sponsor accepts street repairs may occur at anytime and may involve heavy construction work, noise and related disruptions, for which the City or utility owner is not responsible for any impact of inconvenience. 04 Encroachment Permit Application 64 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 75  Packet Pg. 443 of 578  Outdoor Activation Program Guidelines 04.5 Outdoor Activation Area Fees Outdoor Activation spaces are subject to the following fees outlined in the City’s Fee Schedule. ➔Permit Application Fee ➔Deposit Fee (refundable). This deposit will be used to cover the cost of restoring the right-of-way to its original condition if not done so by the permittee. This includes, but is not limited to, the following: ●Removing the Outdoor Activation space structure ●Removing bolts in the curb and the right-of-way and filling in holes ●Removing exposed wiring ●Repairing damage to the sidewalk ●Removing construction debris and/or garbage ●Parking or traffic control striping ●Wheel stop removal or reinstallation ➔Permit Renewal Fee ➔Annual License Fee ◆This fee will be charged per square foot based on the total Outdoor Activation space platform area 04 Encroachment Permit Application 65 Item 17 Attachment A - Car-Free California Avenue Outdoor Activation Program Guidelines        Item 17: Staff Report Pg. 76  Packet Pg. 444 of 578  NOT YET APPROVED Attachment B 134_20250529_ts24 Resolution No. _____ Resolution of the Council of the City of Palo Alto Allowing Eating/Drinking and Retail Parklets (as Defined in Palo Alto Municipal Code Ch. 12.11) on the Car Free Portion of California Avenue R E C I T A L S A. Palo Alto Municipal Code Chapter 12.11 allows the City Council to designate which areas of the City to allow “parklets,” which is defined by PAMC section 12.11.010(a). B. Through this Resolution, the City Council now intends to allow parklets on the car-free portion of California Avenue. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. Findings and Declarations. The Council hereby adopts the above Recitals as findings of the Council. SECTION 2. Designated Area. The Council hereby designates the section of California Avenue between El Camino Real and Birch Street (“Designated Area”) as eligible for parklets pursuant to PAMC section 12.11.040. The permissible uses in this Designated Area are: (1) eating and drinking service; and (2) retail service. The Director of Public Works may promulgate regulations specific to this Designated Area under the authority granted in PAMC section 12.11.050. SECTION 3. No Rights Granted. This Resolution does not create any right in any specific person or corporate entity to a parklet, parklet permit, or to create a parklet in a specific location within the area detailed in Section 2. SECTION 4. CEQA. The Council finds that this Resolution is categorically exempt from CEQA under CEQA Guidelines Sections 15301 (existing facilities), 15303 (new construction or conversion of small structures), 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment), 15305 (minor alterations in land use limitations), 15311 (accessory structures), and 15323 (normal operations of facilities for public gatherings). // // Item 17 Attachment B - Resolution Authorizing FoodDrink and Retail Encroachments on Car Free California Avenue        Item 17: Staff Report Pg. 77  Packet Pg. 445 of 578  NOT YET APPROVED Attachment B 134_20250529_ts24 SECTION 5. This Resolution shall be effective upon adoption. The City Manager may temporarily suspend (or partially suspend) the enforcement of PAMC Ch. 12.11 and its regulations as to the Designated Area in order to allow existing and new permittees to come into compliance. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Assistant City Attorney City Manager _____________________________ Director of Public Works Item 17 Attachment B - Resolution Authorizing FoodDrink and Retail Encroachments on Car Free California Avenue        Item 17: Staff Report Pg. 78  Packet Pg. 446 of 578  NOT YET APPROVED Attachment C 135_20250529_ts24 1 Resolution No. _____ Resolution of the Council of the City of Palo Alto to Authorize Consumption of Alcoholic Beverages under PAMC 9.04.010 for Third Thursdays on California Avenue in 2025 R E C I T A L S A. Palo Alto Municipal Code (PAMC) section 9.04.010 makes it unlawful to consume any alcoholic beverage upon any street, sidewalk, highway or alley except as may be authorized by the City Council. B. Through this Resolution, the City Council desires to authorize such consumption for a temporary period in conjunction with the Third Thursday street music festival events on the section of California Avenue closed to vehicular traffic. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The City Council hereby authorizes the consumption of alcoholic beverages under PAMC section 9.04.010 upon the section of California Avenue between El Camino Real and Birch Street that is closed to traffic (the ‘designated area’) between the hours of 4:30 pm to 10:00 pm on the third Thursday of each month throughout 2025 only when the Third Thursday street festival event occurs. The City Manager may change these dates and times of this authorization in case any Third Thursday street festival date is rescheduled. SECTION 2. This authorization is subject to any conditions, regulations, or limits imposed by the City through its City Manager, any City Department, or any relevant law, permit, or condition. The City Manager may promulgate regulations of such consumption in order to ensure public safety, health, and welfare, including but not limited to regulations regarding staffing, security and law enforcement requirements, refuse/trash/recycling, and bathrooms. The City Manager is authorized to further limit the designated area and time duration than that allowed in Section 1 if necessary to ensure public safety, health, and welfare. SECTION 3. This Resolution’s authority is limited to that which is granted under PAMC section 9.04.010. It does not authorize any event generally, nor does it grant or waive any other generally applicable requirements under law, regulation, or permit condition. It does not curtail or supersede any other applicable law, regulation, permit, or condition. It does not limit the ability of the City to issue or enforce any permit conditions that limit or forbid alcohol sales or consumption in the designated area under other laws or regulations. It does not create any right or vested interest in any person or business to sell alcoholic beverages. It does not prevent law enforcement from enforcing any provision of state law or the Palo Alto Municipal Code besides PAMC section 9.04.010 during the dates and times specified above. This Resolution shall not be interpreted to conflict with any state law, regulation, or permit condition imposed by the State of California’s Department of Alcoholic Beverage Control. Item 17 Attachment C - Resolution Authorizing Consumption of Alcoholic Beverages under PAMC 9.04.010 for Third Thursdays in 2025        Item 17: Staff Report Pg. 79  Packet Pg. 447 of 578  NOT YET APPROVED Attachment C 135_20250529_ts24 2 SECTION 4. Environmental Review. The Council finds that this Resolution is categorically exempt under CEQA Guidelines Sections 15301 (existing facilities); 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment); 15305 (minor alterations in land use limitations); and 15323 (normal operations of facilities for public gatherings). SECTION 5. Effective Date and Sunset. This Resolution shall be effective immediately upon adoption and shall automatically sunset on December 31, 2025. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Assistant City Attorney City Manager Item 17 Attachment C - Resolution Authorizing Consumption of Alcoholic Beverages under PAMC 9.04.010 for Third Thursdays in 2025        Item 17: Staff Report Pg. 80  Packet Pg. 448 of 578  City Council Staff Report From: City Manager Report Type: INFORMATION REPORTS Lead Department: Planning and Development Services Meeting Date: June 9, 2025 Report #:2504-4568 TITLE Accessory Dwelling Unit (ADU) - 2025 Quarter 1 (January - March 2025) Report RECOMMENDATION This is an informational report, and no action is required. ANALYSIS This report transmits information related to application activity for accessory dwelling units (ADU), including junior accessory dwelling units (JADU) for the first quarter of calendar year 2025. Since 2015, the City has received 842 ADU/JADU building permit applications and issued 654 building permits. While 40 percent of the remaining un-issued applications are considered abandoned, 60 percent of the applications were submitted in 2024 or later and are still in review and/or pending a resubmittal from the applicant. In the first quarter of 2025, the City received 42 new applications, issued 30 ADU/JADU permits and provided an approved Final Inspection on 36 ADU/JADU permits. As it relates to the Housing Element, the data continues to support the anticipated housing unit production expected from ADU/JADUs for the current Housing Element cycle, which is an average of 64 units per year over the eight-year planning period or a total of 512 units. Between 2023 and March 2025, the City has issued 282 ADU/JADU building permits. In Q1 of 2025, the ADU sizes of open applications in this period range from 200 to 997 square feet, with an average size of 579 square feet. Approximately 38% of applications are located north of Oregon Expressway, and 62% are located south of Oregon Expressway. Since 2017, the majority of ADU/JADU permits relative to the Oregon Expressway has shifted between north and south from year to year. Further details can be found in Table 1 of Attachment A. FISCAL/RESOURCE IMPACT This action has no fiscal impact. Item A Item A Staff Report        Item A: Staff Report Pg. 1  Packet Pg. 449 of 578  ATTACHMENTS APPROVED BY: Item A Item A Staff Report        Item A: Staff Report Pg. 2  Packet Pg. 450 of 578  Table 1: Summary of ADU Permits from 2015-2025 Category 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Q1 New ADU Applications Filed1 10 9 28 55 75 78 136 151 122 136 42 (City Approved)2 8 5 12 39 62 46 112 127 135 131 29 Obtained)3 8 5 12 36 62 43 89 120 125 124 30 Approved4 3 4 9 12 33 46 37 62 101 105 36 (Submitted)5 20 35 52 52 80 80 48 53 19 (Submitted)6 8 20 23 20 56 44 43 47 12 Junior ADUs (Submitted)7 1 1 1 25 27 31 36 11 Item A Attachment A - Q1 2025 ADU Data        Item A: Staff Report Pg. 3  Packet Pg. 451 of 578  Category 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Q1 Average Application Processing Time (Days Including Weekends)8 127 214 118 183 135 197 162 193 187 193 189 Time (Days Including Weekends)9 578 751 330 287 173 262 455 431 496 519 481 Collected for New ADUs10 $451,514 $402,012 $198,962 $44,057 $139,592 $540,453 $487,322 $498,101 $79,461 ADU Location Relative to Oregon Expressway North 46% 49% 52% 55% 49% 52% 41% 44% 38% South 54% 51% 48% 45% 51% 48% 59% 56% 62% Source: City of Palo Alto Accela Data January 2015 through March 2025 Item A Attachment A - Q1 2025 ADU Data        Item A: Staff Report Pg. 4  Packet Pg. 452 of 578  Notes: 1. Any ADU/JADU Application SUBMITTED for the year 2. Any ADU/JADU application Permit 'READY TO Issue' for the year (regardless of when it was submitted) 3. Any ADU/JADU Permit ISSUED for the year (regardless of when it was submitted) 4. Any ADU/JADU Permit receiving a Final Inspection (Ready to Occupy) for the year, regardless of when the application wassubmitted. Years 2015-2017 data point not available. submitted. Years 2015-2016 data point not available. submitted. Years 2015-2016 data point not available. 2016 data point not available. application is pending due to applicant preparation of resubmittal or additional information from applicant. schedule the next required inspection; it also includes time related to the construction of a primary residence when the J/ADU is built at the same time. Item A Attachment A - Q1 2025 ADU Data        Item A: Staff Report Pg. 5  Packet Pg. 453 of 578  Q1 2025 ADU/JADUs Submitted New Construction Conversion Type of Conversion # of Dwelling Project Zoning Date Acc. Structure # of ADU Item A Attachment A - Q1 2025 ADU Data        Item A: Staff Report Pg. 6  Packet Pg. 454 of 578  Q1 2025 ADU/JADUs Submitted New Construction Conversion Type of Conversion # of Dwelling Project Zoning Date Other Acc. Structure # of ADU Item A Attachment A - Q1 2025 ADU Data        Item A: Staff Report Pg. 7  Packet Pg. 455 of 578  Q1 2025 ADU/JADUs Submitted New Construction Conversion Type of Conversion # of Dwelling Project Zoning Date Other Acc. Structure # of ADU Item A Attachment A - Q1 2025 ADU Data        Item A: Staff Report Pg. 8  Packet Pg. 456 of 578  City Council Staff Report From: City Manager Report Type: INFORMATION REPORTS Lead Department: Office of Emergency Services Meeting Date: June 9, 2025 Report #:2505-4646 TITLE Community Wildfire Protection Plan / Foothills Fire Management Plan Update 2025; CEQA status – categorically exempt. RECOMMENDATION This staff report is for information only. The Community Wildfire Protection Plan / Foothills Fire Management Plan Update 2025 is being provided for public awareness that it is now available in its completed state as a public facing document. This project is in alignment with the City Council 2025 Priorities: “Public Safety, Wellness & Belonging.” BACKGROUND The City developed a Foothills Fire Management Plan (FFMP) in 1982 that provides the planning framework for fire control activities for the City and the Palo Alto Foothills Area which comprises the predominant wildland urban interface (WUI) area for the community. This plan addresses a broad range of integrated activities and planning documents to address and mitigate the impacts of fire hazards in the area west of Foothills Expressway to the City limits of Palo Alto. The City has updated this plan three times: in 1997, 2009, and 2017. City of Palo Alto Staff Report #8030 (10/16/2017) includes an overview of this process.1 Also in 2017, the Santa Clara County Fire Department developed a multi-jurisdictional Community Wildfire Protection Plan (CWPP) to establish strategic goals for these more detailed community level fire-planning efforts. This included a Palo Alto jurisdictional annex that accompanied this plan, but apart from the FFMP. During the County’s substantive 2023 CWPP update process, the City made the decision to integrate the FFMP with the CWPP to provide one wildfire management plan for the 1 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=77526 Item B Item B Staff Report        Item B: Staff Report Pg. 1  Packet Pg. 457 of 578  community which addresses the long-standing history of the FFMP while meeting the best management practices of the CWPP format. This item is one of a series of items being brough forward on the topic of wildfire preparedness.2 •The Finance Committee has discussed and made recommendation on Fire Department staffing levels as part of the FY 2026 Budget process. •The City Auditor submitted and the Policy & Services Committee unanimously recommended City Council approval of the audit3 which will be brought forward for Council approval on consent. •In addition, the Utilities Advisory Commission is scheduled to review the utilities Wildfire Mitigation Plan at its June 4, 2025 meeting4. ANALYSIS The City contracted with Wildfire Management Resource Group to assist the City in the integration of the two separate plans as well as a comprehensive update of each at the same time. To do this the contractor followed a detailed plan of action over ten months to collect data from site visits, staff interviews and a public meeting; hold discussions with Santa Clara County Fire Safe Council CWPP members; attend scheduled meetings to coordinate planning tasks; sub-task an environmental review; and refine information and content into the agreed upon formats. This 2025 Update includes these primary components: •Describes the planning environment •Discusses actions taken since the previous update •Provides an updated wildfire risk hazard assessment •Recommends new fuel treatment actions •Includes public education and outreach efforts •Lists wildfire mitigation projects the City will endeavor to complete •Identifies vegetation treatment standards and methods 2 News Story: Wildfire Preparedness Public Discussion, April 28, 2025, https://www.paloalto.gov/News- Articles/City-Manager/Palo-Alto-Begins-Wildfire-Preparedness-Public-Discussions 3 Policy & Services Committee Meeting 4/8/2025 Staff Report #2410-3635: https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=52961 4 Utilities Advisory Commission Meeting 6/4/2025 Staff Report #2501-4077: https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=61768 Item B Item B Staff Report        Item B: Staff Report Pg. 2  Packet Pg. 458 of 578  The City will add the finalized plan as a jurisdictional annex to the Santa Clara County CWPP, available on their website at https://www.sccfd.org/santa-clara-county-community- wildfire-protection-plan/ FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT Item B Item B Staff Report        Item B: Staff Report Pg. 3  Packet Pg. 459 of 578  ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Item B Item B Staff Report        Item B: Staff Report Pg. 4  Packet Pg. 460 of 578  Community Wildfire Protection Plan / Foothills Fire Management Plan Update 2023 Santa Clara County Community Wildfire Protection Plan Annex 3: City of Palo Alto April 2025 Prepared for: City of Palo Alto Prepared by: Wildland Res Mgt 316 California Ave. #68 Reno, NV 89509 Contact: Carol Rice, (510) 502-4737 carollricewildlandresilience@gmail.com Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 5  Packet Pg. 461 of 578  TABLE OF CONTENTS 1. Organization and Jurisdiction 1 2. Planning Team Participation 3 3. Accomplishments 4 4. Post Treatment Fire Behavior 9 5. New Recommendations 9 6. Risk-Hazard Summary 11 7. WUI Area Description 12 8. Fire History 12 9. Terrain 15 10. Hazardous Fuel Characteristics 16 11. Neighborhood and Structural Characteristics 20 12. Emergency Response Capacity 21 13. Public Education and Outreach Programs 25 14. Social Vulnerabilities 28 15. Policies, Regulations, Ordinances, and Codes 29 16. Risk-Hazard Assessment 30 17. Critical Infrastructure and Community Values at Risk 41 18. Environmental Framework 44 19. Mitigation Projects and Prioritizations 45 APPENDICES A . Vegetation Treatment Standards and Methods 62 Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 6  Packet Pg. 462 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 1 Table of Contents ANNEX 3 CITY OF PALO ALTO 1. Organization and Jurisdiction Palo Alto is in the northwest corner of Santa Clara County and shares its border with East Palo Alto, Mountain View, Los Altos Hills, Stanford, Portola Valley and Menlo Park. Figure 1. Planning area location. As of the 2020 Census, the City total resident population was 68,572 with a population density of 2,845.8 people per square mile. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 7  Packet Pg. 463 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 2 Table of Contents The City of Palo Alto developed a Foothills Fire Management Plan (FFMP) in 1982 that provides the planning framework for fire control activities for the City and the Palo Alto Foothills Area which comprises the predominant wildland urban interface (WUI) area for the community. The FFMP addresses a broad range of integrated activities and planning documents to address and mitigate the impacts of fire hazards in the area west of Foothills Expressway to the city limits of Palo Alto. Fire mitigation project areas include Foothills Nature Preserve (formerly Foothills Park) and Pearson-Arastradero Preserve. The FFMP goal is “to reduce government costs and citizen losses from wildland fire by increasing initial attack success and/or protecting assets at risk through focused pre-fire management activities.” A 2009 update1 carried forward the framework and objectives from 1997 and addressed changes to the fire hazard assessment, reviewed regional evacuation routes, reviewed municipal ordinances, examined staffing of Station 8 (Foothills Fire Station), provided wildland fire management recommendations and mitigations, incorporated updates to open space plans, implemented CEQA documentation, and created an implementation plan. In 2016, the City updated the FFMP, which modeled the current wildfire threat and provided the wildland fire management recommendations based on the updated threat. This update did not change the prescribed fire management techniques and thereby continued the use of the existing 2009 CEQA analysis. Also in 2016, Santa Clara County developed a multi-jurisdictional Community Wildfire Protection Plan (CWPP) to establish strategic goals for these more detailed community level fire-planning efforts. This included a Palo Alto jurisdictional annex that accompanied this plan, but apart from the FFMP. During the County’s substantive 2023 CWPP update process, the City decided to integrate the FFMP with the CWPP to provide one wildfire management plan for the community. This update will maintain an integral connection to the 2009 FFMP to draw upon the environmental framework provided in that document. The 2009 FFMP and its 20162 update addressed a broad range of integrated activities and produced planning documents to address and mitigate the impacts of fire hazards in the Palo Alto Foothills Area. The area of interest includes the areas west of Foothills Expressway to the city limits of Palo Alto. The 2009 Plan and its 2016 update addressed fire hazard assessment and regional evacuation routes, wildland fire management recommendations and mitigations. The FFMP also reviewed non-project related topics such as Municipal ordinances related to wildland fire and 1 https://www.cityofpaloalto.org/files/assets/public/v/2/oes/plans/palo_alto_ffmp_final.pdf 2 https://www.sccfd.org/santa-clara-county-community-wildfire-protection-plan/ Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 8  Packet Pg. 464 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 3 Table of Contents recommended staffing levels for Station 8 in Foothills Nature Preserve. It proposed an implementation plan and identified potential funding and included CEQA documentation for the proposed projects. Last, it recommended updates to the Pearson-Arastradero Trails Master Plan and Foothills Trail Maintenance Plan34. The 2016 Update provided a new hazard assessment, and identified areas that have been treated, areas where treatments may be modified, and a few areas where planned treatments were no longer planned. Treatment costs and listing of responsible entities were updated. This 2024 update focuses on topics directly related to fire hazard mitigation, emphasizing project- related improvements. This program is also documented in the 2023 City of Palo Alto Local Hazard Mitigation Plan (LHMP)5 and demonstrates how the City mitigates wildfire risk through the implementation of projects in the CWPP/FFMP. The City of Palo Alto contracted with Wildland Res Mgt, who also completed the 2009 FFMP effort and the 2016 update, to assist in this update. Staff members from Community Services, Fire, Utilities, and Public Works Departments and the Office of Emergency Services formed the planning team to work with Wildland Res Mgt. While the program originated with the Fire Department, Public Works, Office of Emergency Services, Utilities, and Community Services Departments are all key to the success and beneficiaries of the projects. 2. Planning Team Participation In advance of the 2016 update, a novel organizational strategy was adopted which recognizes that planning and implementation of the CWPP/FFMP involves and requires support from many City Departments; this organizational strategy continues to guide City efforts. While the program originated in the Fire Department, the Public Works Department, Office of Emergency Services, Utilities, Department, and Community Services Department are all key to the success and beneficiaries of the projects. As such, representatives of each of these five departments meet regularly - generally quarterly, but sometimes more often - to strategize effective actions, such as identifying needs and collaborating on the timing and process of implementation. The Chair of this inter-departmental group (FFMP Coordinating Group or FFMPCG) rotates between the departments. The Office of Emergency Services currently leads the administration of the Foothill Fire Management Program. Funding is pooled from all departments based on the anticipated costs of performing fire hazard reduction work under their responsibility. For example, roadside treatments on public rights-of-way are funded by Public Works whereas evacuation treatments along roads inside parks are funded by the Community Services Department. It is instructive to note that the City of Palo Alto Utilities Department, as an electric services provider, is required by State regulation to maintain a Utility Wildfire Mitigation Plan to document and describe how they maintain a safe electric utility and mitigate the chance of ignitions in the WUI.6 3 https://www.cityofpaloalto.org/files/assets/public/v/1/community-services/parks-and-open-space/pearson-arastradero- preserve/arastradero-trails-management-plan.pdf 4 Pearson-Arastradero Trails Master Plan and Foothills Trail Maintenance Plan. 5 https://www.cityofpaloalto.org/lhmp 6 https://www.cityofpaloalto.org/Departments/Utilities/Utilities-Services-Safety/Safety/Utilities-Wildfire-Safety Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 9  Packet Pg. 465 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 4 Table of Contents The 2016 CWPP/FFMP was completed at a time when the Santa Clara Fire Safe Council first conducted both vegetation management and public outreach under contract by the City. Due to administrative requirements not compatible with the SCCFSC, the contract was suspended. The City Departments then performed the services needed to implement the plan. For example. Public Works used City equipment to conduct roadside treatments within its easement and the Utility Department performed clearances along powerlines. The City is in the process of finalizing another contract with the SCCFSC to conduct the projects identified in this CWPP/FFMP. This is beneficial because the SCCFSC has more and better suited equipment available and crews with additional expertise and experience. They also contract services with other local and neighboring jurisdictions whereby economies of scale may be achievable in future work efforts. The City Fire Department also participates in the SCCFSC monthly meetings, demonstrating collaboration on a regional scale. The community is moderately engaged, with a few residents that amplify fire prevention messages in neighborhoods. Since the 2020 CZU Complex there has been higher awareness and support of wildland fire issues. City firefighters have been successful in providing annual residential defensible space inspections; this inspection process has the added benefit of higher visibility of the fire department in the neighborhoods. Outreach and education regarding fire hazards in the Foothills has been expanded in concert with the SCCFSC. For example, in 2024 the SCCFSC participated in the City’s WUI Public Safety Education Webinar (see insert). Additionally, both the SCCFSC and the City Fire Department maintain extensive digital outreach efforts with public-facing resources on evacuation, defensible space, and other elements of wildfire preparation and hazard reduction. 3. Accomplishments Since the Foothills Fire Management Plan was updated in January 2016, significant progress has been made through the City’s 20-year continuous commitment to innovative and responsive best fire management practices. Since the 2016 update, the City has finalized the additional step – planned as of the 2016 update – of adopting the FFMP as a Community Wildfire Protection Plan (CWPP). With a CWPP/FFMP, Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 10  Packet Pg. 466 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 5 Table of Contents the City is in a better position to receive grants from Federal or State funding sources. Because the FFMP satisfied the requirements of a CWPP, the City was able to simply obtain an approval signature from the local CAL FIRE representative and send it to the California Fire Alliance where it became official. Further, the City has continued to strengthen its ongoing relationship with the Santa Clara County Fire Safe Council (SCCFSC). In advance of the 2016 update, the City developed a 5-year Stewardship Agreement with the SCCFSC to help implement the CWPP/FFMP. An annual work plan was mutually agreed-upon, based on availability of City funding and capacity of the SCCFSC. The SCCFSC typically supervised and paid for CAL FIRE hand crews to reduce fuels along roads and in say Foothills Nature Preserve and Pearson-Arastradero Preserve while providing community outreach and education programs in the City regarding wildland fire. This implementation partnership – in the form of a contract between the SCCFSC and the City was pioneering at the time of its adoption and has since become an increasingly common best practice in communities across California. In 2022-2023 the Parks and Recreation Department sponsored a CAL FIRE hand crew to maintain the fuel break along Page Mill Rd. In 2023, the CAL FIRE fuels crew reduced understory fuels and created a trail in what was a dense area behind Bandera and Alexis Drives on the northeast corner of Foothills Nature Preserve. In this same location access and emergency egress was improved through removal of a roadside obstruction. Shaded fuel break behind Bandera and Alexis Drives In addition to projects proposed in the 2016 CWPP/FFMP, the City removed 36 eucalyptus trees and created a trail in Esther Clark Park, in the northwest portion of the FFMP planning area, in Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 11  Packet Pg. 467 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 6 Table of Contents the fall of 2024. A few trees remain; a planting plan is forthcoming7. This work reduced hazardous fuels adjacent to homes in the Palo Alto / Los Altos Hills Wildland Urban Interface. In June 2023 Park Rangers from Foothills Nature Preserve installed approximately 30 "No Parking / No Stopping Signs" on Page Mill Road adjacent to Foothills Nature Preserve. These signs were located at popular areas where vehicles would frequently park on vegetation or vehicle owners would partake in activities that could cause a fire. Some examples of these illicit activities included igniting fireworks, campfires, and smoking. Discing and mowing at Esther Clark Park. The Foothills Park Rangers complete annual fuel reduction and fire prevention work totaling approximately 420 acres within the Foothills and Arastradero Nature Preserves and Esther Clark Park. This work includes using hand labor and heavy equipment to mow grass and light brush, creating disc lines, and removing invasive plant species (e.g., French broom, yellow star thistle, and stinkwort). The City has adopted the most recent California Fire and Building Codes. While not part of the 2016 CWPP/FFMP, the Utilities Department undergrounded the powerlines through the entirety of the extent of the CWPP/FFMP, which lowers the ignition risk. In addition, the department is undergoing a pipe replacement project, replacing corrugated with HDVE (highly dense plastic) in the ground. In 2024 the Fire Department, Santa Clara County Fire Safe Council, & Community Services Department installed N5 Sensors that were strategically placed in the wildland urban interface to help detect wildfires. The sensors support a safer community by providing first responders a critical advantage when wildfires ignite. The devices are designed to detect wildfires at the earliest stage possible using advanced ground-based sensors and cloud-based AI technologies day or night and often before wildfires become visible. If detected, the sensor automatically alerts the fire agency, providing situational awareness and enabling a quick response by fire personnel and park rangers. 7 https://www.cityofpaloalto.org/News-Articles/City-Manager/Open-Space-and-Adobe-Creek-Short-Term- Projects-Underway Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 12  Packet Pg. 468 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 7 Table of Contents Figure 2. Projects included in the 2016 CWPP/FFMP Update. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 13  Packet Pg. 469 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 8 Table of Contents Through efforts and funding of the City and with support of the SCCFSC, many on-the-ground projects have been completed, resulting in reduced risk of damage from wildfire and safer evacuation routes and emergency access. While the relationship with the SCCFSC has been a major benefit to the program, the Community Services Department staff support has also been essential and effective. Coordination of equipment use and storage, as well as assistance in observing conditions on the ground has greatly bolstered the effectiveness of the SCCFSC efforts. Spatial information, encompassing the planning and monitoring of work location, costs, and schedule, continue to be aided by the collection of project boundaries and associated data using a geographic information system (GIS). Both Google Earth and ESRI-based software compatible with the City of Palo Alto GIS were used. Planning, analysis, and project organization is currently done with digital spatial files. Treatment of vegetation during the previous eight years in the Foothills has been ambitious. In addition to the annual mowing and discing, and periodic treatments of Trappers Trail, many areas that had not been treated in several years were tackled. In some locations, treatment areas were widened or otherwise expanded. Annual roadside mowing within Foothills Nature Preserve Currently fuel treatments are being carried out with a variety of methods, spanning mechanical treatments with a variety of types of equipment, and with hand crews, taking advantage of CAL FIRE’s fuel crews instead of the CDCR crews used previously. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 14  Packet Pg. 470 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 9 Table of Contents Details of the program’s fuel treatment accomplishments appear in Tables 1 and 2, but a synopsis follows: ▪ Treatment of evacuation routes within City boundaries on public roads o Arastradero Rd. o Page Mill Rd. o Los Trancos Rd. ▪ Treatment of evacuation routes within City parks o Wild Horse Valley leading to Towle Campground o Foothill Park from Maintenance Yard to Gate o Foothill Park to Hewlett Property ▪ Defensible Space of critical infrastructure and facilities in Foothills and Arastradero Nature Preserves ▪ Residential boundary treatments (mowing, discing) o West and East of Pearson-Arastradero o South of residents on Foothill Park (NE of gate) 4. Post Treatment Fire Behavior. One of the most effective ways to change fire behavior - and thus reduce potential damage to structures and the environment - is to manage fuels. As described in this update, this includes treatments to vegetation to minimize ignition of structures. In general, projects recommended in this update and in previous iterations of the City of Palo Alto CWPP/FFMP are intended to reduce ignition likelihood while achieving a two- to four-foot predicted flame length in the event of a wildfire in the project area immediately after implementation of recommended fuel treatments. As a result of the implementation of the CWPP/FFMP over the past two decades, fire behavior in the project area has changed, with several concrete benefits. The most important benefit has been an increased ease of evacuation and emergency access through the expansion of managed roadside vegetation along evacuation routes and other roadways. The roadsides along Arastradero Road, Los Trancos Road, and Page Mill Road are all safer for access and egress through increased line of sight, reduced fuel volumes, and reduction of ladder fuels due to the continued implementation of fuel management projects described in the 2016 update. The probability of ignitions has been reduced through a reduction of fuels near barbeques and structures, and along roadsides. The potential for containment of a wildfire (both within the parks and between City property and neighbors) has been enhanced through the creation, maintenance, and enhancement of reduced fuel zones. As described in detail in this document, these treatment areas are strategically placed along property perimeters and ridgelines. 5. New Recommendations. As with most vegetation management projects, the initial treatments require the most substantial effort; maintenance tends to require less of an effort. Initial treatments have been done in most locations and are now in “maintenance mode”. While Tables 1 and 2 describe the areas successfully treated (many which require annual treatments), it also lists areas not treated and recommends new areas to be treated or treatments to be expanded. Since vegetative growth is Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 15  Packet Pg. 471 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 10 Table of Contents cyclical and highly dependent on environmental factors, the planning team will conduct annual assessments to determine the areas to be treated and the level of effort that provides the highest benefit for the current costs of treatment. WRM conducted a site visit on May 2 and conducted interviews with City staff on April 11 and 12. These efforts were aimed at determining how the program might be improved, and specifically what projects might be added or abandoned and learning recommended changes to operations. Questions revolved around the following topics: 1. Vegetation Management a. What has worked? What has not? b. How is the City getting the vegetation treatments done? 2. Community Engagement a. What are the community engagements with residents b. What non-profit partners help CWPP/FFMP implementation c. What agency/ institution partners help with implementation 3. Critical Assets a. Are there additional critical assets that have been identified since the last CWPP/FFMP? These questions were used to aid the development of the recommendations in this update. Because of the success in treating areas identified in the CWPP/FFMP, new and additional areas have been identified for treatment, based on current hazardous conditions as demonstrated in a fire behavior analysis and on potential benefit to the City and region as observed by staff. Details of new, additional recommended projects appear in Table 2. The most significant additional new treatment area is within Esther Clark Park, where a mowing and discing project has been and is continuing to be implemented. This update recommends that the current mowing – not included in the 2016 update – should be maintained. Additional attention could be pointed to restoration of native perennial grasses (and other types of plants), and removal of exotic grasses (and other types of plants) with higher fuel volumes and flammability. Current treatments should be expanded to include the removal of eucalyptus trees and other flammable exotics. The goal of the Eucalyptus Tree Removal CIP project is to minimize the risk of catastrophic wildfire along the wildland-urban interface while ensuring the protection and enhancement of ecological resources within the Open Space areas. The project will focus on reducing risks of damage from wildfire by identifying and removing hazardous eucalyptus trees in the City’s open space preserves in the foothills (Foothills Nature Preserve, Pearson-Arastradero Preserve, and Esther Clark Park). Approximately 110 trees have been identified for future removal. An estimated 30 trees are in the Foothills Nature Preserve, 60 trees in the Pearson- Arastradero Preserve, and 20 trees in Esther Clark Park. The project will be phased over three to four years depending on funding, environmental assessment, and site conditions. The method of removal will be determined based on site conditions, access, and contractor ability. At present, funding is proposed in CIP PG-25002 for $100,000 in Fiscal Year 2025 with additional funding to be sought in future years such as through grant applications. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 16  Packet Pg. 472 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 11 Table of Contents The most significant project aimed at residents will be an endeavor to designate the Foothills of Palo Alto as a NFPA Firewise USA Community. This effort was proposed in the 2016 update but has not yet been implemented. While communication between the City and Los Altos Hills has been satisfactory, there is a desire to collaborate more closely. For example, because Page Mill Road spans both the City and Town, roadside treatments along the road could be done at the same time, possibly by the same vendor. Similarly, community outreach could be done jointly. Similarly, there is interest in closer collaboration with Stanford University’s wildfire management efforts, the Mid-Peninsula Regional Open Space District (MROSD), and the County of Santa Clara. As part of the Santa Clara County Fire Department Highway 35 Hazardous Fuels Reduction Wildfire Mitigation Project, hazardous trees will be removed, and hazardous vegetation will be reduced along the 16-mile roadway near Page Mill Road and Skyline Blvd. using federal funding from Hazard Mitigation Grant Program (HMGP).8 Within the City, the Utilities Department is interested installing hardscape and firescape around their buildings and near the reservoirs. More significantly, the Department produces a collaborative Utilities Wildfire Mitigation Plan that guides additional programs and projects to minimize the risk of wildfire ignitions from city provided electrical utilities. Mentioned earlier, a major project is the undergrounding of overhead electrical lines in the Palo Alto foothills which is currently underway and estimated to be complete in late 2024. The Water, Gas, Wastewater division of the Utilities Department is also developing wildfire mitigation projects to reduce structural damage to water system components and features. Several of these projects are included in the City of Palo Alto Local Hazard Mitigation Plan (LHMP). A few locations have been removed from the list of projects recommended for treatment, or the areas have been reduced in size, due to changing landownership, staffing duties, and fuel conditions. These generally occur within Foothills Nature Preserve, and do not result in a significant decrease in hazard because the areas to be treated were to surround BBQs which have since been removed. 6. Risk-Hazard Summary The Foothill Area of Palo Alto faces a significant level of both hazard and risk, but both are decreasing due to ongoing efforts. The hazards are the result of steep topography, abundant fuels, lack of access and periods of weather conducive to ignition and fire spread. This is the case in the open spaces and in the residential areas, where structures are generally constructed in an ignition-resistant manner, but with exposures from vegetation and building details such as vents, and decks. 8 https://www.paloaltoonline.com/santa-clara-county/2024/04/28/county-approves-plan-for-wildfire-prevention-project-along- skyline-boulevard/ Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 17  Packet Pg. 473 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 12 Table of Contents The terrain and location of the abundant fuels in relation to the city limits possible losses. While any structure loss is significant, winds that generally are associated with catastrophic loss would blow fires away from concentrations of structures in the city. This report describes in detail the hazard and risk ratings from CAL FIRE, county-wide efforts and from the SCCFSC CWPP. 7. WUI Area Description 7.1. WUI Area Defined The Palo Alto Fire Code defines the Wildland Urban Interface Fire Area as “[a] geographical area identified by the State of California as a ‘Fire Hazard Severity Zone’ in accordance with Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires. Within the city limits of the City of Palo Alto, ‘Wildland-Urban Interface Fire Area’ shall also include all areas west of Interstate 280, and all other areas recommended as a ‘Very High Fire Hazard Severity Zone by the Director of the California Department of Forestry” (Section 15.04.410).9 The WUI consists of a mix of urban, semi-urban, and open space lands on the eastern slope of the Santa Cruz Mountains. The Palo Alto Foothills Area includes two city- managed areas: the Foothills Nature Preserve and the Pearson-Arastradero Nature Preserve. 7.2. Access Regional access to the Foothills Area is provided by Highway 280, Foothill Expressway and Skyline Boulevard. Page Mill Road serves as a major north-south connector from Highway 280 to Skyline Boulevard. Los Trancos Road provides access along the western boundary of the Palo Alto Foothills Area from Alpine Road south to Los Trancos Woods. Page Mill Road and Los Trancos Road have several long sections that are steep, windy and narrow. Circulation is limited within the Foothills Area. Arastradero Road links the western and eastern portions. Alpine Road and Los Trancos Road provide access to portions of the western part of the city. Moody Road and Altamont Road are other important circulation routes in Los Altos Hills. 8. Fire History The fire history in this WUI area is relatively free of major events in recent decades. The last major fire in the vicinity of the upper foothills that was recorded by CAL FIRE’s database was in 1912. Local records indicate, however fires in the Foothills Nature Preserve burned approximately 4000 acres between 1908 to September 11, 1916, and then approximately 250 acres in 1832. Fires also visited the park in 1950, 1964, 1965, and 1973. 9 Palo Alto Fire Code. https://www.cityofpaloalto.org/files/assets/public/v/1/city-clerk/ordinances/ordinances-1909-to- present/2022/ord-5563.pdf Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 18  Packet Pg. 474 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 13 Table of Contents Significant fires in the lower foothills (primarily light fuels) occurred in 1985, 1992, 2000, and 2007. The 1985 Liddicoat fire spread in grasslands and was also carried by eucalyptus trees that resulted in damage and destruction to 13 homes on the Palo Alto border. Major wildfires occurred in nearby WUI areas in 2020 in Santa Cruz, San Mateo, and Santa Clara Counties. While the Palo Alto project area has not burned in decades, three fires have burned in the immediate vicinity since 1960: the 1962 Leib Fire, which burned approximately 1300 acres northwest of the project area near Sky Londa; the small 2007 Stevens Fire, which burned 151 acres in Cupertino near Stevens Canyon Reservoir, southeast of the project area; and the enormous 2020 CZU Lightning Complex Fires, which destroyed 1490 structures and burned 86,509 acres of the Santa Cruz Mountains to the project area’s southwest. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 19  Packet Pg. 475 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 14 Table of Contents Figure 3. Fire history. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 20  Packet Pg. 476 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 15 Table of Contents 9. Terrain The Foothills of Palo Alto rise from the near sea level elevations at its northern end to higher than 2300 feet at its southernmost extreme along Skyline Blvd. There are several distinct canyons that run north-south, most notably in Arastradero Preserve and in Steven Creek, located southwest of Monte Belle Ridge. In addition to Monte Belle Ridge, prominent ridgelines are formed by Trappers Trail on Foothills, and the ridgeline near Station 8. These ridges can partially block northerly winds that spread wildfire under hot dry, conditions. Figure 4. Topographic map of the project area. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 21  Packet Pg. 477 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 16 Table of Contents 10. Hazardous Fuel Characteristics The 7240-acre Palo Alto project area is home to a diverse array of vegetation types, most notably evergreen hardwoods (3026.6 total acres), herbaceous (grassland) (1269.8 total acres), shrub (1223.1 total acres), redwood and Douglas fir (conifer) (715.6 total acres), developed (377.8 total acres), deciduous hardwood (266.8 total acres), and non-native forest (184.6 total acres). Riparian forest (34.1 total acres), forest (28.2 total acres), eucalyptus (27.7 total acres), water (22.3 total acres), riparian shrub (22.2 total acres), row crop (19.3 total acres), major road (8.8 total acres), vineyard (6.0 total acres), non-native herbaceous (grassland) (3.6 total acres), freshwater herbaceous wetland (1.6 total acres), orchard or grove (1.1 total acres), nursery or ornamental horticulture (0.5 total acres), and barren and sparsely vegetated (0.3 total acres) land covers are also present on the project area. The most dominant single vegetative enhanced lifeform, Californian annual and perennial grassland (1269.8 acres), is present in swathes throughout the project area, notably in the lower elevations near developed areas along Junipero Serra Boulevard, Page Mill Road, and Arastradero Road; the slopes of the Palo Alto Hills and in Pearson-Arastradero Preserve; and in the southern ridgelines of the project area along Skyline Boulevard and Monte Bello Ridge. These low-volume fuels are generally associated with lower wildfire hazard and risk values because of the low flame lengths they tend to produce; however, they are also easy to ignite, especially during fire season when fuel moistures are at their lowest, so their concentration along Skyline Boulevard and Page Mill Road is associated with higher wildfire hazard and risk values due to the statewide preponderance of roadside grassy fuel ignitions. The next most dominant vegetative enhanced lifeforms – the evergreen hardwoods Quercus agrifolia (cost live oak) alliance (1213.6 acres), Umbellularia californica (California bay) mapping unit (985.2 acres), and Quercus chrysolepis (canyon live oak) alliance (801.6 acres) – dominate the mountainous southern three-quarters of the project area, from the slopes of Elephant Mountain to Los Trancos Woods and Vista Verde. These are classified as high-volume timber- shrub fuels and are associated with extremely high wildfire hazard and risk values due to their location on steep slopes and intermix with high-volume shrub fuel models. Shrubs, including chamise, ceanothus, sage, coyote bush and poison oak, (1223.1 total acres) are also prominent on the ridgelines and slopes below Alpine Road and on Elephant Mountain, and are generally intermixed with the abovementioned evergreen hardwood vegetation types on the steep slopes that dominate the southern two thirds of the project area. These shrub fuels are disproportionately high-volume and are associated with extremely high wildfire hazard and risk volumes due to their location on steep slopes and ability to produce extreme fire behavior (very high flame lengths and rates of spread). Pseudotsuga menziesii (Douglas fir) etc. association (698.2 acres) dominates ridgelines in the southern third of the project area from Stevens Creek to Table Mountain. These fuels are mapped as a mix of light load and very high load dry climate timber-shrubs and are associated with high to Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 22  Packet Pg. 478 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 17 Table of Contents extreme wildfire hazard and risk values due largely to their location on steep slopes and ridgelines and the large amounts of litter produced. Figure 5. Map of vegetation types. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 23  Packet Pg. 479 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 18 Table of Contents Figure 6. Vegetation types. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 24  Packet Pg. 480 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 19 Table of Contents Figure 7. City of Palo Alto community planning area. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 25  Packet Pg. 481 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 20 11. Neighborhood and Structural Characteristics The Palo Alto community is made up of a mixture of homes with both old and new construction. Many homes are compliant with Building Code Chapter 7A, having been built since the WUI ordinance went into effect; some older homes, however, are non-compliant with guidance regarding windows and roofs. Siding is a mixture of stucco and wood. Most homes have Class A roofs; however, there are enough with wood-shake roofs to endanger an entire neighborhood. Additionally, a number of homes have dense coniferous landscaping fuels near structures. Aboveground powerlines also extend across much of the WUI area. Most roads are surfaced and have adequate width and turnaround for emergency apparatus. Roads are not very steep in most locations, but short stretches may be 10% grade. Home lot size is large enough to separate homes enough to limit ignition from radiant heat (if the vegetation is managed between and surrounding the homes). Adjacent wildlands to the west and north are grass and are managed every year by the City of Palo Alto; however, much of the wildlands to the south are covered with heavy untreated brush fuels. Water supply for the WUI areas is adequate and provided via hydrants connected to the city water supply. There is an organized homeowner association (HOA) for much of the Foothills area that is active in fire prevention and can deliver a strong fire safety message and take action. Figure 8. Page Mill Road: Dense roadside fuels. Figure 9. Alexis Drive: Home with newer construction features, irrigated landscaping, large lot size, and clear compliance with Zone 0 defensible space. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 26  Packet Pg. 482 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 21 Figure 12. Laurel Glen Drive: Accessible power box. Figure 13. Laurel Glen Drive: Large lot size and new construction features, but large-volume landscaping fuels in close proximity. Figure 14. Bandera Drive: Thick landscaping coniferous fuels in close proximity to home that otherwise boasts newer construction features. Figure 15. Heavy untreated wildland brush fuels southwest of Black Mountain. 12. Emergency Response Capacity The Palo Alto Fire Department's (PAFD) response area in the WUI Fire Area covers nearly 10 square miles, from Skyline Boulevard in the Palo Alto foothills to Foothill Blvd and from Page Mill Road to Los Trancos Road. Approximately 200 residences and large business Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 27  Packet Pg. 483 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 22 complexes (some of them exceeding a million square feet in area) exist in Palo Alto’s WUI fire area. PAFD has 111 personnel organized in three work divisions: Emergency Response (Operations), Fire Prevention, and Support Services. PAFD staffs five full-time stations located strategically throughout the city. Additionally, PAFD staffs one station on Stanford University under contract with the University. To provide coverage in the sparsely developed hillside areas, an additional fire station in Palo Alto’s Foothills Nature Preserve is operated seven days a week for 12 hours a day during June to October.10 Palo Alto Fire Department facilities are located as follows: Fire Administration 250 Hamilton Avenue, City Hall Fire Station 1 301 Alma Street Fire Station 2 2675 Hanover Fire Station 3 799 Embarcadero Road Fire Station 4 3600 Middlefield Road Fire Station 5 600 Arastradero Road Fire Station 6 711 Serra Street, Stanford Fire Station 8 Foothills Nature Preserve Open Space Rangers from the Community Services Department, Open Spaces Division can initiate small fire suppression efforts using specially equipped pickup trucks designed to meet federal standards as a Type 6 Fire Engine. Pickup trucks that meet federal standards as a Type 6 Fire Engine 10 Fire and Emergency Medical Services Agreement. https://www.lahcfd.org/download/may-18-2021-fire-district- commission-meeting/?ind=1621066024164&filename=05182021_LAHCFD_06A_Station-8- Agreement.pdf&wpdmdl=3523&refresh=60c3b1eeef9eb1623437806 Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 28  Packet Pg. 484 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 23 Rangers perform a vital service aiding fire suppression, providing detection, notification and initial size-up of fires, along with evacuation or reconnaissance. The Rangers offer detailed local knowledge and support the Station 8 firefighters. Currently ten staff are fully trained and equipped for first response and meet or exceed the federal minimum Fire Fighter Type 2 training standard. There are four trucks with 150-300 gallons of water. The City of Palo Alto Utilities owns and maintains water distribution systems and services throughout Palo Alto, including the preserve and park land south of highway 280, the Palo Alto Hills Golf & Country club, Palo Alto University, and residential services to houses located along Alexis Drive, Los Trancos, and other residences, businesses, and outdoor uses adjacent to the City's park land. Hydrants are located on residential streets and intermittently on pumping lines. Purissima Hills Water District owns and maintains hydrants and water service along Page Mill Road from Foothill Expressway to the neighborhood located on Moody Road. The City of Palo Alto owns and maintains hydrants and water services intermittently within the Purissima Hills Water District's water service area along Old Page Mill Road; at Arastradero Road and at Moody Road on Page Mill; and from the Pony Tracks Fire Road intersection on Page Mill to Montebello Road. Residences and park areas in Monte Bello Preserve and within Palo Alto along Skyline Boulevard are serviced by private wells and private fire water protection systems. Palo Alto Public Safety Departments participate in regional fire protection efforts and include mutual and automatic aid from neighboring jurisdictions and agencies such as: Mid- Peninsula Open Space District, Santa Clara County Fire Department, and CAL-FIRE. Fire Response Federal Responsibility Area (FRA): A term designating areas where the federal government is responsible for fire response efforts. These areas include land under federal ownership (CA GOPR 2020). Local Responsibility Area (LRA): A term designating areas where the local government is responsible for wildfire protection. The LRA includes incorporated cities, cultivated agricultural land, and portions of the desert. LRA fire protection is typically provided by city fire departments, fire protection districts, counties, and by CAL FIRE under contract to local government (CA GOPR 2020). As shown in Figure 16 below, the entirety of the planning area falls within a Local Responsibility Area (LRA) under jurisdiction of the City of Palo Alto, meaning that the City of Palo Alto is responsible for fire response and evaluating relative fire hazard. State Responsibility Area (SRA): A term designating areas where the state has financial responsibility for wildland fire protection. Incorporated cities and land under federal ownership are not included in the SRA. Land under federal ownership is in the federal responsibility area (CA GOPR 2020). Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 29  Packet Pg. 485 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 24 The wildland urban interface (WUI) areas in the unincorporated portions of Santa Clara County are protected by SCCFD are also designated by state law as State Responsibility Areas (SRAs) for wildland fire purposes. Therefore, the California Department of Forestry and Fire Protection (CAL FIRE) shares jurisdictional responsibility for fire protection in the SRA areas with the SCCFD. CAL FIRE evaluates SRA areas for wildfire potential and designates them as Moderate, High, and Very High Fire Hazard Severity Zones (FHSZs). The majority of WUI in the SCCFD district is High and Very High FHSZ. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 30  Packet Pg. 486 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 25 Figure 16. Jurisdictional responsibility areas. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 31  Packet Pg. 487 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 26 13. Public Education and Outreach Programs The City has a strong online presence where city fire prevention messages inform their residents, with a particular webpage that address Threats and Hazards. This is found at www.cityofpaloalto.org/thira (in addition to the Local Hazard Mitigation Plan referenced earlier). Moreover, the Palo Alto Fire Department website hosts a robust public-facing resource page, Prepare for Wildfire: Ready, Set, GO!, with video, interactive mapping, and textual resources covering defensible space guidelines, household wildfire plans, and evacuation routes and procedures. The webpage also includes links to and descriptions of external resources allowing members of the public to sign up for emergency alerts via AlertSCC.org, determine evacuation zones (a section accompanied by a handy how-to video), and view wildfire cameras from the ALERTWildfire consortium. One of the core offerings of the Prepare for Wildfire page is its resources on Palo Alto’s evacuation protocols and preparation in a section called Know Your Zone. Evacuation zones within the City are managed through the Genasys Protect.11 As shown in the figure below, the Foothills project area is covered by 11 evacuation zones, 8 of which (PA-050, PA-051, PA-040, PA-041, PA-042, PA-043, PA-044, and PA-045) are within the jurisdiction of the City of Palo Alto, with the remaining 3 falling under the jurisdictions of San Jose (SJ- 014) and Santa Clara County (SCC-004 and SCC-006). 11 https://protect.genasys.com/ Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 32  Packet Pg. 488 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 27 Figure 17. Evacuation zones from Genasys.12 12 Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 33  Packet Pg. 489 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 28 The following section of the Prepare for Wildfire site, When to Evacuate, covers evacuation protocols and invites residents to download the evacuation route map below. Figure 18. Public-facing map of City of Palo Alto evacuation routes. There is also an annual community outreach by the Palo Alto Fire Department in conjunction with inspection of parcels. Additionally, representatives from the Santa Clara FireSafe Council and the City Office of Emergency Services annually host a disaster preparedness workshop for the WUI area that includes wildland fire risk preparation and response. The City works collaboratively with its partners and neighbors. Foremost among these efforts is the City’s contract with the Santa Clara Fire Safe Council to assist with community outreach and education, as well as hazardous fuel reduction projects in the WUI, including fuel reduction projects described later in this document such as fuels reduction on the Arastradero Road/Page Mill Road evacuation route. This implementation partnership is an approach that the City and County adopted long before most WUI jurisdiction, having been maintained to great effect for nearly two decades. The Santa Clara County Fire Safe Council additionally augments public education material and often makes direct contact with homeowners. The Fire Safe Council’s own robust online presence can be found on its Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 34  Packet Pg. 490 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 29 website13 which contains numerous public-facing resources on wildfire education and preparation. 14. Social Vulnerabilities Social vulnerability refers to a community’s capacity to prepare for and respond to the stress of hazardous events ranging from natural disasters, Differential access to social, political, and economic resources affects the ability of individuals and communities to mitigate and adapt to fire (18, 24, 30). This includes resources to reduce the likelihood of home loss (e.g., by reducing flammable materials around structures and home hardening), ability to respond during a fire (e.g., by evacuating elderly and disabled people and by providing effective, accessible emergency messages), and ability to recover after a fire (e.g., insurance coverage and resources to rebuild a home.14 The CDC/ATSDR Social Vulnerability Index (CDC/ATSDR SVI 2022) Santa Clara County Map, shown below, depicts the social vulnerability of communities, at census tract level, within a specified county. CDC/ATSDR SVI 2022 groups sixteen census-derived factors into four themes that summarize the extent to which the area is socially vulnerable to disaster. The factors include economic data as well as data regarding education, family characteristics, housing, language ability, ethnicity, and vehicle access. Overall Social Vulnerability combines all the variables to provide a comprehensive assessment.15 13 https://sccfiresafe.org/ 14 Social Vulnerability of the People Exposed to Wildfires In U.S. West Coast States. https://www.science.org/doi/full/10.1126/sciadv.adh4615 15 CDC/ATSDR Social Vulnerability Index 2022. https://svi.cdc.gov/Documents/CountyMaps/2022/California/California2022_Santa%20Clara%20County.pdf) Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 35  Packet Pg. 491 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 30 Figure 19. Maps of social vulnerabilities in Santa Clara County, from https://svi.cdc.gov/Documents/CountyMaps/2022/California/California2022_Santa%20Clara%20County.p df 15. Policies, Regulations, Ordinances, and Codes The CWPP/FFMP includes details of codes and ordinances, as well as the code documents to which they refer. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 36  Packet Pg. 492 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 31 15.1. Fire Code Title 15 of the Palo Alto Municipal Code adopted the California Fire Code, 2022 Edition, with local amendments which define the WUI and specify defensible space requirements. In addition, Title 8 regulates water efficiency, which affects weed abatement policies that can be used for properties not in compliance with defensible space requirements.16 15.2. Building Code Title 16 of the Palo Alto Municipal Code adopted the California Building Code, 2022 Edition. In general, these sections support the adopted Title 15 Fire Code. The City has adopted the 2022 California Building Code, Title 24, Part 2, Volumes 1 & 2 adopted and amended. Chapter 7A of the California Building Code and Chapter R337 of the California Residential Code contain standards associated with the construction of buildings in wildfire prone areas. Also, the Santa Clara County Multijurisdictional Hazard Mitigation Plan 2023 Update City of Palo Alto Annex notes that the City Code, Chapter 16.42, Chapter 16.52, and Chapter 15.04.420 specifically addresses Natural hazards. This plan also references the 2016 Palo Alto Emergency Operations Plan (EOP, which) identifies the City’s emergency planning, organization, and response policies and procedures.17 16. Risk-Hazard Assessment 16.1. County Risk Assessment The Tukman Hazard and Risk Assessment is a third-party risk assessment calculated from a combination of hazards. Predicted fire behavior, especially flame length, is the most heavily weighted element in calculating wildfire hazard. These fire behavior predictions – in contrast with the CAL FIRE VHFHSZ modeling, discussed further below – are derived from fuel mapping classified at a fine-scale 5m resolution following the collection of LiDAR data and high-resolution imagery. This hazard and risk assessment has been developed as part of a collaborative effort with multi-jurisdictional participation. The County CWPP presents data on the Wildfire Hazard and Wildfire Risk to Structures layers below. 16.1.1. Wildfire Hazard Wildfire hazard is calculated as a combination of hazards from fire behavior, ignition sources, owner intervention, and suppression difficulty. Hazard combines fuel characteristics such as the volume, arrangement, moisture, and sizes of fuels, all of which contribute to how fire will burn. Information about the fuels is combined with physical 16 http://www.cityofpaloalto.org/gov/depts/utl/residents/resrebate/landscape.asp 17 https://www.cityofpaloalto.org/Departments/Emergency-Services/Plans-and-Information/Local-Hazard-Mitigation-Plan Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 37  Packet Pg. 493 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 32 landscape characteristics such as weather, topography, and the distribution of ignitions across the landscape. Relative wildfire hazard values mapped within the project area range from 1.56 (very low relative fire hazard) to 6.00 (highest relative fire hazard). Roughly a third of the project area (2480.3 acres) is evaluated as presenting highest relative fire hazard (hazard index values from 5-6), with extremely high relative fire hazard values mapped on the timber-shrub and shrub-covered steep slopes between Monte Bello Ridge and Table Mountain, the slopes of Los Trancos Woods and Vista Verde, and the south-facing slopes leading to Elephant Mountain. Approximately half of the project area (3697.7 acres) is evaluated as presenting moderate relative fire hazard (hazard index values from 3-4.99), values that concentrate around lower-volume herbaceous fuels on the Monte Bello ridgeline and within Portola Valley and the lowlands of the Pearson-Arastradero Preserve. Lowest relative fire hazards (hazard index values from 1-2.99) are mapped on the remaining 1062.0 acres of the project area concentrated in the residential area along Arastradero Road and on the Palo Alto Hills Golf and Country Club. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 38  Packet Pg. 494 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 33 Figure 20. Wildfire Hazard map. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 39  Packet Pg. 495 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 34 16.1.2. Wildfire Risk Risk is the potential for realization of adverse consequences to valued resources or assets. Wildfire risk considers not only the potential for hazardous wildfire, but also the values exposed to hazard. Hence, wildfire hazard can be very high, but if no resources or assets are exposed to the hazard, there is no risk. Some risk assessments consider all relevant types of values, including socioeconomic, along with ecological elements. However, this risk assessment is limited exclusively to wildfire risk to structures, not wildfire risk to other resources and assets. Most of the Palo Alto project area is evaluated as presenting high wildfire risk to structures, particularly in the steep slopes of Elephant Mountain and Monte Bello Ridge. Patches of extreme wildfire risk to structures concentrate around Page Mill Road from the developed lowlands north and south of Junipero Serra Boulevard to near Monte Bello Open Space Preserve and Vista Verde; in the developed area along Arastradero Road in the northern portion of the project area; and along Skyline Boulevard at the farthest south of the project area. Moderate risk values concentrate on Monte Bello Ridge and in Foothills Nature Preserve, while the low-volume herbaceous fuels of the Pearson-Arastradero Preserve and north of Arastradero Road correspond with lower risk values. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 40  Packet Pg. 496 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 35 Figure 21. Wildfire Risk to Structures map Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 41  Packet Pg. 497 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 36 16.1.3. CALFIRE Fire Hazard Severity Zones The CALFIRE FHSZ system is a science-based system where severity zones are defined based on vegetation, topography, and weather (temperature, humidity, and wind), and represent the likelihood of an area burning over a 30- to 50-year time period without considering modifications such as fuel reduction efforts. The CALFIRE FHSZ maps present wildfire hazard and not wildfire risk. In California, CAL FIRE maintains fire hazard severity zone (FHSZ) data for the entire state. There are three classes of fire hazard severity ratings within FHSZs: Moderate, High, and Very High (CA GOPR 2020). In 2007, when the initial Hazard Severity Zone Mapping occurred, no area within the City of Palo Alto was classified as reaching Very High Fire Hazard Severity. However, most of the adjacent State Responsibility Areas to the project’s east on the slopes of Elephant Mountain, Monte Bello Ridge, and Table Mountain are designated as Very High Fire Hazard Severity Zones. South of the project area, Highway 35 marks the boundary between these areas of Very High Fire Hazard Severity and the slopes of the Santa Cruz Mountains to the project’s west, which – except for three small areas of Very High Fire Hazard Severity along the project area boundary – are entirely mapped as meriting High Fire Hazard Severity. An SRA outside Ladera to the project site’s northwest is mapped as a Moderate Fire Hazard Severity Zone. The Palo Alto project area falls within a Local Responsibility Area (LRA) under jurisdiction of the City of Palo Alto, meaning that the City of Palo Alto is responsible for both fire response and evaluating fire hazard severity. CAL FIRE maps the full scale of fire hazard severities in State Responsibility Areas (SRAs), as shown in the areas of the map below that fall outside city limits. Meanwhile, LRAs simply distinguish between areas with or without Very High Fire Hazard Severity. The SRA was re-mapped in 2023 and the LRA re-mapped in 2025. The lower parts of the project area are mapped as Moderate Fire Hazard Severity. The most extreme northeastern section is not classified. The upper part of the Palo Alto project area is mapped as a High or Very High Fire Hazard Severity Zone. Roughly half of the area is classified as Very High; these locations are on the western side and the southernmost extent of the project area. The remaining area is classified as High Fire Hazard Severity Zone. When the classifications are approved. by the City newly constructed homes must meet heightened fire-resistant building standards in High and Very High Fire Hazard Severity Zones, Additionally, those landowners with structures within the High and Very High Fire Hazard Severity Zone must disclose to would-be buyers of the elevated danger with a disclosure form. New subdivisions in the Very High Fire Hazard Severity Zone will also need to be carefully designed with multiple evacuation routes, adequate water supply infrastructure and built-in fuel breaks in place. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 42  Packet Pg. 498 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 37 Figure 22. CALFIRE FHSZ map. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 43  Packet Pg. 499 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 38 16.2. Palo Alto Community Area Risk Assessment Community hazard assessments are designed to identify factors contributing to an increased ignition likelihood or wildfire severity. These community hazard assessments include ratings of community conditions compared to best practices for WUI fire mitigation, and include consideration of applicable state codes, local ordinances, and recognized best practices guidelines. The National Fire Protection Association Standard 1144 (NFPA 1144) defines WUI hazards and risks at the community and parcel level. This plan utilizes components of NFPA 1144, California laws and local ordinances to evaluate neighborhood WUI hazard and risk. California Public Resources Code (PRC) 4290 and 4291 sections address WUI community design and defensible space standards. As shown in Figure 23 below, the NFPA 1144 community risk assessment completed as part of this CWPP/FFMP for the Palo Alto Community assigned the WUI community a risk rating of High with a score of 95 (<40= low, >40 = moderate, >70 = High, >112 = Extreme). Factors that contributed to the risk include hazardous landscaping patterns; high-volume brush fuels in Palo Alto’s southern wildlands; aboveground powerlines; and hazardous construction patterns in older homes, including the lack of interior sprinklers and the use of single-pane windows and wood shake roofs. Averages are taken across the community for each of these parameters. While still designated High risk, the City of Palo Alto’s 2023 assessment marks an eight-point reduction in overall risk from the 2016 evaluation, which assigned an overall risk rating of 103. This decrease in overall risk stands in contrast with the results of 2023 visits to other WUI communities within Santa Clara County, which generally observed higher risks than in Palo Alto. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 44  Packet Pg. 500 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 39 Figure 23. Community hazard assessment for the City of Palo Alto, per the Santa Clara County CWPP. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 45  Packet Pg. 501 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 40 Figure 24. Summary of the community hazard assessment for the City of Palo Alto. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 46  Packet Pg. 502 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 41 Parameter Condition Rating Access One road in and out - Good road width and minimal grade + Surfaced road + Good fire access and turnarounds + Street signs are present, some are non-reflective +/- Vegetation Adjacent fuels: Heavy - Defensible space: Less than 30 feet around structure - Topography within 300 feet of structure 10% to 20% +/- Topographic features Moderate concern +/- History of high fire occurrence Low + Severe fire weather potential Low + Separation of adjacent structures Good separation + Roofing assembly* Class C - Building construction Non-combustible siding/combustible deck +/- Building set back <30 feet to slope - Available fire protection Water: hydrants present with good pressure + Response: Station <5 miles from structure + Internal sprinklers: none - Utilities One above and one below ground +/- Risk Rating- High (95) *Roofing assembly: Class A: effective against severe fire test exposures; Class B: effective against moderate fire test exposures; Class C: effective against light fire test exposures; Unrated (wood shake roofs). Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 47  Packet Pg. 503 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 42 17. Critical Infrastructure and Community Values at Risk According to the 2023 update to the City of Palo Alto Annex to the Santa Clara County Multijurisdictional Hazard Mitigation Plan, “[a] total of 1711 people (2.5% of the total population) [of the City of Palo Alto] reside within wildfire hazard areas… Not all structures in areas at risk to wildfire are constructed with fire resistant materials or have adequate defensible space or other forms of vegetation management to reduce fire risk. Wildfire risk is expected to increase by extended periods of drought or extreme heat caused by climate change.” The following maps – excerpted from the SCC CWPP – display a subset of the critical infrastructure and cultural and socioeconomic values at risk but are not entirely comprehensive. Figure 25. Critical Infrastructure at Risk from the SCC CWPP. Water distribution systems are critical infrastructure for suppression of small fires, mitigation of conflagrations, containment of wildfire, and recovery from a wildfire event. Protection and recovery of water distribution systems from damage and contamination during a wildfire event will directly impact wildfire response. The City of Palo Alto owns and maintains five water storage reservoir tanks and five water distribution pumping systems within the City's jurisdictional boundary South of Highway 280. These tanks and pumps are arranged in series where each water storage tank supplies pressure and storage to five water pressure zones. Each pressure zone can supply water to each adjacent Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 48  Packet Pg. 504 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 43 zone in series to either lower or higher pressure zones through pressure reducing valving and pumps. Two additional sub-pressure zones, referred to as Foothill Entrance and the Los Trancos subzones or Subzone 7A and Subzone 7B, respectively, are located within and supplied by the Park Tank Pressure Zone 7, through pressure reducing stations located in underground vaults, in addition to a standby pump system, called the Blanco Pump, located at the Boronda Tank Site from the Boronda Tank Pressure Zone #6. Four of the five water storage tanks are shown in the Critical Infrastructure at Risk Map above. The fifth water storage tank is located within the Arastradero Preserve near the Woodland Star Trail. The City has also entered into emergency intertie agreements with neighboring water utilities to provide water into the Palo Alto system if needed. There are two interties currently constructed with Purissima Hills Water District: the first is near Highway 280 and the second is near Page Mill and Moody Road. The City's water tanks, pumps, and piping are in areas of dense vegetation; wildfire hardening and vegetation management are critical to maintain defensible space and to mitigate ignition of combustible materials and heat damage within the water facility sites. The water storage and distribution systems are designed for a singular structural fire; a wildfire with multiple structural fires will exceed the design demand and could cause depressurization of the water system. Burned services and private plumbing increases water loss, and water service curb stops (water service valve at the meter) may not be accessible to isolate water services in an individual pressure zone. There are 13 miles of city-owned roadway along Arastradero, Page Mill, and Los Trancos Roads. According to the Palo Alto Annex to the SCC MHMP, “power lines are occasionally de-energized in high wind events and similar conditions that may increase risk of wildfire. Although de-energizing lines reduces risk of igniting a wildfire, power interruptions can affect operations of other critical facilities, including water distribution facilities needed for fire response efforts.” The City of Palo Alto has undergrounded its above-ground electrical lines in the Foothills planning area, which significantly reduces the risk of ignition. However, the PG&E lines are still above ground. There are also additional underground electrical power and fiberoptic lines with supporting infrastructure along Page Mill Road, and as shown in the Critical Infrastructure at Risk map above and the Socioeconomic Values at Risk map below, a power plant/substation along Arastradero Road falls within the project area. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 49  Packet Pg. 505 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 44 Figure 26. Socioeconomic Values at Risk from the SCC CWPP. As shown in the Socioeconomic Values at Risk map above, Palo Alto Fire Station 8 is in the Foothills Nature Preserve, along with the Foothills Interpretive Center (which also functions as an operations hub for Palo Alto Open Space Rangers), Arastradero Gateway interpretive center, a maintenance complex, three public restrooms, campsites, and picnic sites. In this area are also private residences in the Town of Los Altos Hills, Town of Portola Valley, City of Palo Alto, Santa Clara County, and San Mateo County; as well as neighborhoods/associations such as Altamont, Los Trancos Woods, Vista Verde, Blue Oaks, Portola Valley Ranch, Palo Alto Hills, Montebello, South Skyline, and others. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 50  Packet Pg. 506 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 45 Figure 27. Natural Values at Risk from the SCC CWPP. As shown in the Natural Values at Risk map above, community values at risk include natural values such as the Foothills Nature Preserve and Arastradero Nature Preserve, which both provide recreational and ecological benefits to the community. Privately held recreation facilities, such as equestrian centers and the Palo Alto Hills Golf and Country Club are also at risk. Portions of Stanford University are also at risk, including their Portola Pastures, the Stanford Dish and hiking area. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 51  Packet Pg. 507 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 46 Figure 28. Cultural Values at Risk from the SCC CWPP. Although no Cultural Values at Risk in the project area are mapped above, the Palo Alto University campus is an educational resource located in the WUI. 18. Environmental Framework The City of Palo Alto adopted a California Environmental Quality Act (CEQA) Mitigated Negative Declaration on the 2009 update to the Foothills Fire Management Plan (FFMP). The FFMP incorporated multiple environmental protection measures to be implemented at two parks, Palo Alto Foothills Park (now known as Foothills Nature Preserve) and Pearson Arastradero Preserve at that time. Attachment A contains a list of these measures (Mitigation Measures). In 2016, the City updated the FFMP wildland fire management recommendations based on modeling of the current wildfire threat. This update did not change the prescribed fire management techniques and thereby continued the use of the existing 2009 CEQA analysis. The City has reviewed the proposed 2025 updates to the 2016 FFMP and the potential environmental effects of implementing the project, as described below. Based on this information, the project can be found exempt from further CEQA analysis under CEQA Guidelines Section 15304 Minor Alterations to Land. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 52  Packet Pg. 508 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 47 19. Mitigation Projects and Prioritizations The following project matrices have been developed by the community and Core Team to direct specific project implementation for communities in the Palo Alto WUI. The matrices below are tiered to the strategic goals presented in the body of the CWPP/FFMP through project IDs in the first column of each matrix. Table 1.1 includes projects for creating fire adapted communities which includes public education, reducing structural ignitibility (the likelihood of structures catching fire), and hazardous fuels removal. Table 1.2 describes projects that encourage a safe and effective fire response. Table 2 addresses projects for life safety, structure and infrastructure protection, ignition prevention, and containment. Life safety projects include firefighter safety zones and fuel treatments along evacuation routes. Meanwhile, structure and infrastructure protection projects concentrate on defensible space and hardening. Ignition prevention projects concentrate on picnic areas in Foothills Nature Preserve, while containment projects in both Foothills and Pearson-Arastradero Parks include prescribed fires and other fuel reduction treatments. Table 1.1. Recommended Projects for Creating Fire Adapted Communities (Public Education and Outreach and Structural Ignitability Projects) in Palo Alto Planning area Project ID Status Priority (H,M,L) Timeline for Action Project Description Location Land Ownership/ Lead Agency Methodology/Approach Serves To: Monitoring/ Maintenance Requirements Funding Sources 1.1.1 Ongoing M Per schedule Improve and maintain existing fuel breaks and potential fire containment features as described by Table 2 of this plan. Palo Alto Planning Area Local Fuels reduction and fuel breaks will help to limit the spread of wildland fire and increase access to difficult areas. Prescriptions should be site specific depending on the fuel type, topography, soils, adjacent land management practices and environmental regulations. Maintain existing fire breaks and buffers Look for opportunities to develop and/or increase fire breaks to double as access within the WUI. Encourage clearance of an additional width when possible. Protect life and property by mitigating fuels, providing defensible space for firefighters protecting structures. Create a fuel arrangement unlikely to support crown fire Ensure the protection of vulnerable ecosystems and values at risk. Regular maintenance needed to ensure the fuel break remains clear of vegetation. Monitor for invasive species. Continued management of fire breaks maintained by grazing, brush breaking, controlled by best means available. General Funds Hazard Mitigation Grants CalFire Grants 1.1.2 Ongoing M Annually Survey for dead and dying trees and conduct removal Palo Alto Planning Area Local Annual assessments during seasonal work to identify dead and dying vegetation. Restore understory for forest health, reduce fuels General Funds Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 53  Packet Pg. 509 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 48 Project ID Status Priority (H,M,L) Timeline for Action Project Description Location Land Ownership/ Lead Agency Methodology/Approach Serves To: Monitoring/ Maintenance Requirements Funding Sources projects; remove dead and dying trees. 1.1.3 Ongoing H During each planning cycle Continue to align the CWPP/FFMP, MJHMP, and General Plan Safety Element updates for hazardous fuel treatments. Palo Alto Planning Area Local Planning team members are familiar with each of these plans to insure their integration and applicability. Ensure consistency in the approach to risk mitigation, leverage funding opportunities. General Funds 1.1.4 Ongoing L Through out planning period Work with local Foothills community to attain and maintain Firewise USA recognition Palo Alto Foothills Communi ty Local Annual community preparedness presentations. Fire Safe Council resources and encouragement. Reduce wildfire risks to this community and improve their preparedness Self-funded but some costs offset with Fire Safe Council resources 1.1.5 Ongoing M Annually Palo Alto Fire Department conduct annual inspections to encourage private landowners to reduce fuels around homes and communities Palo Alto Planning Area Local Annual inspections by fire crews of residential properties in the planning area to provide recommendations to minimize hazards Reduce likelihood of fire ignition on the residential property. General Funds 1.1.6 Ongoing L Routine intervals Educate citizens on wildfire preparedness topics: How to achieve contemporary WUI code compliance in retrofits/cost: benefits; programs available. Palo Alto Foothills Communi ty Local Maintain WUI building codes and enforce code compliance. Incorporate these topics into annual community preparedness efforts Reduce likelihood of fire ignition on the residential property. General Funds Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 54  Packet Pg. 510 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 49 Table 1.2. Recommended Projects for Safe and Effective Wildfire Response (Fire Fighting Capability Projects) in Palo Alto Planning area Project ID Status Priority (H,M,L) Timeline for Action Project Description Location Land Ownership/ Lead Agency Methodology/Approach Serves To: Monitoring/ Maintenance Requirements Funding Sources 1.2.1 Ongoing H Routine Maintain CaliforniaAlert Wildfire Cameras at Foothills Nature Preserve and Montebello Reservoir Palo Alto Planning Area Local Video cameras maintain connection on the CaliforniaAlert Wildfire system. These cameras provide observation of smoke plumes, fire ignitions where resources can be directed. Enable visual observation of fires, their precise location, and effective responses. Routine review of system status during wildfire season. • General Funds 1.2.2 Ongoing H Routine Maintain N5 Shield Sensor network Palo Alto Planning Area Local 12 N5 sensors monitor for smoke and particulates in a mesh type network across the planning area. Sensors provide notification of concentrations of smoke or high particulates for evaluation by system operator to determine response requirements. Triggers a team of users to a possible ignition where resources can be directed to determine cause and implement response if necessary. Routine review of system performance during fire season. • General Funds / Grant funds 1.2.3 Planned L 2025 Maintain water sources in the WUI Palo Alto Planning Area Local Assess reliability of existing water sources Determine locations for expanding water sources if necessary and feasible. Ensure water is available for fire department operations in most risky areas. • General Funds • Mitigation Funding • Capital Funding 1.2.4 Planned M 2025 Implement Evacuation Planning Palo Alto Planning Area Local Develop evacuation plans Synchronize evacuation planning with Alert & Warning systems Consider tests, drills, exercises to practice evacuation plans Improve the preparedness of first responders and the community to perform an evacuation • General Funds Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 55  Packet Pg. 511 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 50 Table 2. Project Description, Source of Work, Treatment Schedule, and Status, with Comments. Designation Project Description Source of Work Treatment Schedule Status Date Comments Life Safety Foothills Nature Preserve F.F1 Firefighter Safety Zone 1 Trappers Ridge & Los Trancos Trail Foothills Nature Preserve staff Annually Maintenance Brushing, limbing, chipping not done annually (3 years) Designation Project Description Source of Work Treatment Schedule Status Date Comments F.F2 Firefighter Safety Zone 2 Trappers Ridge & Madrone Fire Road Foothills Nature Preserve staff Annually Maintenance Brushing, limbing, chipping not done annually (3 years) F.F3 Firefighter Safety Zone 3 Trappers Ridge high point Foothills Nature Preserve staff Annually Maintenance Brushing, limbing, chipping not done annually (3 years) F.F4 Firefighter Safety Zone 4 Trapper Ridge south end Foothills Nature Preserve staff Annually Maintenance Brushing, limbing, chipping not done annually (3 years) F.E1 Evacuation Route - Page Mill Road Within PA City from Foothills Gate 1 to Foothills Gate 4 (not annual grass cutting) Contract Required Every 3 Years Maintenance Shaded fuel break off roadway inside park (roughly alongside road). Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 56  Packet Pg. 512 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 51 F.E2 Evacuation Route - Park Road Entrance to Maintenance Yard to Las Trampas Valley Foothills Nature Preserve staff Every 3 Years Maintenance Grasses annually, by park staff F.E3 Evacuation Route - Park Northwest Interpretive Center to the 600-700 block of Los Trancos Road Foothills Nature Preserve staff Every 3 Years Maintenance Grasses annually, by park staff F.E4 Evacuation Route - Park Northeast Boronda Lake to Alexis Drive Foothills Nature Preserve staff Every 3 Years Maintenance Grasses annually, by park staff Designation Project Description Source of Work Treatment Schedule Status Date Comments F.E5 Secondary Evacuation Route - Wildhorse Valley Wildhorse Valley from Towle Campground to Las Trampas Valley Foothills Nature Preserve staff Every 3 Years Maintenance Grasses annually, by park staff Pearson-Arastradero A.E1 Evacuation Route – Arastradero Road Arastradero Road SCCFSC Mowing Contract Annually Maintenance Off-site PA.1 Evacuation Route-Page Mill Road Page Mill to County border near Monte Bello Open Space Foothills Nature Preserve staff Annually Maintenance Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 57  Packet Pg. 513 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 52 PA.2 Evacuation Route Arastradero Road From Page Mill to Arastradero Pk, and from Arastradero Pk to Los Trancos Foothills Nature Preserve staff Annually Maintenance PA.3 Evacuation on Los Trancos Road between Santa Clara County boundary and Oak Forest Court Also noted as FE6 Foothills Nature Preserve staff Annually Maintenance Designation Project Description Source of Work Treatment Schedule Status Date Comments PA.4 Evacuation Route Skyline Blvd. Skyline Blvd. Hazardous tree and roadside vegetation removal, through Santa Clara County Every 3 Years Planned, One-time treatment by Santa Clara County Structure and Infrastructure Protection Foothills Nature Preserve F.D1 Defensible Space Entry Gate and Restroom Foothills Nature Preserve staff annually Maintenance Done in conjunction with F.E1-E5 Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 58  Packet Pg. 514 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 53 F.D2 Defensible Space Station 8 Foothills Nature Preserve staff annually Maintenance Done in conjunction with F.E1-E5 F.D3 Defensible Space Restrooms at Orchard Glen Foothills Nature Preserve staff annually Maintenance Done in conjunction with F.E1-E5 F.D4 Defensible Space Interpretive Center Foothills Nature Preserve staff annually Maintenance Done in conjunction with F.E1-E5 F.D5 Defensible Space Maintenance Shop Complex Foothills Nature Preserve staff annually Maintenance Done in conjunction with F.E1-E5 Designation Project Description Source of Work Treatment Schedule Status Date Comments F.D6 Defensible Space Boronda Pump Station at Campground Utilities funded on CSD Trails contract annually Maintenance, planned expansion Expand to 100-ft, where practical. F.D7 Defensible Space Park Tank Utilities funded on CSD Trails contract annually Maintenance, planned expansion Expand to 100-ft, where practical. F.D8 Defensible Space Borunda Water Tank Utilities funded on CSD Trails contract annually Maintenance, planned expansion Expand to 100-ft, where practical. F.D9 Defensible Space Dahl Water Tank Utilities funded on CSD Trails contract annually Maintenance, planned expansion Expand to 100-ft, where practical. Pearson-Arastradero Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 59  Packet Pg. 515 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 54 A.D1 Defensible Space Gateway Building and Restrooms Grassroots / Parks Staff annually Maintenance A.D2 Defensible Space Pump Station Utilities funded on CSD Trails contract annually Maintenance, planned expansion Expand to 100-ft, where practical. A.D3 Defensible Space Corte Madera Water Tank Utilities funded on CSD Trails contract annually Maintenance, planned expansion Defensible space to be expanded to 100-ft, constrained in treatment intensity by riparian corridor A.D4 Defensible Space Western Water Tank Utilities funded on CSD Trails contract annually Maintenance, planned expansion Expand to 100-ft, where practical. Designation Project Description Source of Work Treatment Schedule Status Date Comments Ignition Prevention Foothills Nature Preserve F.I1 Ignition Prevention Lakeside Picnic Area Park Staff annually Removed from Project List BBQs removed June 2021 F.I2 Ignition Prevention Shady Cove Picnic Area Park Staff annually Remove from Project List BBQs removed June 2021 F.I3 Ignition Prevention Encinal and Pine Gulch Picnic Areas Park Staff annually Remove from Project List BBQs removed June 2021 F.I4 Ignition Prevention Orchard Glen Picnic Area Foothills Nature Preserve staff annually Maintenance Twice a year usually, as needed Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 60  Packet Pg. 516 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 55 F.I5 Ignition Prevention Oak Grove Group Picnic Area Foothills Nature Preserve staff annually Maintenance Twice a year usually, as needed F.I6 Ignition Prevention Towle Camp Park Staff annually Remove from Project List BBQs removed June 2021 Containment Foothills Park F.C1 Containment Trappers Fire Road Mowing Contract annually Maintenance F.C2 Containment Pony Tracks south of Trappers Ridge Foothills Nature Preserve staff or CSD Mowing Contract annually Maintenance, planned expansion Expand to upper end of the meadow (ridge top mowing to the west) F.C3 Containment Pony Tracks north of Trappers Ridge Mowing Contract annually Maintenance Designation Project Description Source of Work Treatment Schedule Status Date Comments F.C4 Containment Bobcat Point Not covered Maintenance F.C5 Containment North of Entry Gate Foothills Nature Preserve staff annually Maintenance F.C6 Containment Valley View Fire Road Mowing contract annually Maintenance Mowing Pearson-Arastradero A.C1 Containment Property boundary adjacent to Liddicoat Park Staff annually Maintenance Discing Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 61  Packet Pg. 517 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 56 A.C2 Containment Property boundary adjacent to Stanford and Portola Pastures Park Staff annually Maintenance Discing A.C3 Containment Redtail Loop Area Park Staff, with guidance from Grassroots Ecology annually Maintenance Mowing/discing along Redtail trail A.C4 Containment Property boundary adjacent to Paso del Robles Park Staff annually Maintenance Discing A.C5 Containment Property boundary Laurel Glen – north Park Staff annually Maintenance Challenging terrain, poor access; explore implementation options Designation Project Description Source of Work Treatment Schedule Status Date Comments A.C6 Containment Property boundary Laurel Glen – south Park Staff annually Remove from Project List Challenging terrain, poor access; explore implementation options A.C7 Containment Property boundary west of Meadow Lark Trail Park Staff annually Maintenance Discing A.C8 Containment Property boundary adjacent to former private research facility Park Staff annually Maintenance Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 62  Packet Pg. 518 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 57 A.C9 Containment Property boundary adjacent to John Marthens Lane Park Staff annually Maintenance Discing, mowing A.C10 Containment Arastradero Creek (to Juan Bautista trail) Park Staff annually Maintenance A.C11 Containment Meadow Lark to Juan Bautista Trail Park Staff annually Maintenance mowing A.C12 Containment Meadow Lark south Park Staff annually Maintenance mowing A.C13 Containment Bowl Loop Trail Park Staff annually Maintenance mowing A.C14 Containment Arastradero to Rx fire area Park Staff Not scheduled Maintenance Designation Project Description Source of Work Treatment Schedule Status Date Comments A.C15 Containment Acorn Trail Park Staff Not scheduled Not Maintenance Narrow trail, not scheduled A.Rx1 Containment Juan Bautista Prescribed fire north Fire Department Not scheduled Maintenance Prescribed Fire Burn Area, Consider use of BurnBot to create containment line A.Rx1 Containment Acorn Trail Prescribed fire south Fire Department Not scheduled Maintenance Prescribed Fire Burn Area, Consider use of BurnBot to create containment line AP1, 2 Eucalyptus removal Eucalyptus removal Contractor City Staff Not scheduled FNP1, 2 Eucalyptus removal Eucalyptus removal Scheduled 2025 Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 63  Packet Pg. 519 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 58 EC1 Eucalyptus removal Eucalyptus removal Completed Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 64  Packet Pg. 520 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 59 19.1. Fuels Reduction Projects for Evacuation Routes The most important goal for this set of projects is to reduce fire intensity near roads to allow firefighting vehicles to pass and ensure safe passage for staff and visitors to pre-determined safety zones, or safe locations out of the parks. In addition, the projects outside of the City parks/preserves are aimed at facilitating access and egress between different portions of Palo Alto’s wildland urban interface. There are currently nine fuels reduction projects being conducted on evacuation routes within the Palo Alto project area, shown on Figure 30. Treatments on evacuation routes leading out of the Palo Alto project area are currently being implemented, listed as PA 1 through PA4. Along the major Page Mill Road evacuation route, fuels are being treated from Foothill Park south to two stretches along Skyline Boulevard. Fuels are also being treated on Los Trancos Road between Santa Clara County boundary and Oak Forest Court. Within the Pearson-Arastradero Preserve, mowing is conducted annually along the Arastradero Road evacuation route. Within the Pearson-Arastradero Preserve, mowing is conducted annually along the Arastradero Road evacuation route. Within Foothills Nature Preserve, park staff are implementing four separate fuels treatments on three-year cycles to grass fuels along evacuation routes: on the Los Trampas Valley Road from the park entrance to the maintenance yard to Las Trampas Valley; from the Foothills Interpretive Center to the 600-700 block of Los Trancos Road; from Boronda Lake to Alexis Drive; and on the secondary evacuation route along Wild Horse Fire Road in Wildhorse Valley from Towle Campground to Las Trampas Valley. Also, within Foothills Nature Preserve, a shaded fuel break roughly along the Page Mill Road evacuation route between Foothills Gate 1 and Gate 4, was completed in August of 2022 and is planned to be refreshed in 2025-26. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 65  Packet Pg. 521 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 60 Figure 30. Map of priority fuels reduction projects for evacuation routes. PA3 PA3 4 4 Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 66  Packet Pg. 522 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 61 19.2. Vegetation Management Projects Vegetation management projects within the project area are organized around five specific categories: fuel modification for firefighter/life safety; structure and infrastructure projects – defensible space; fuel modification for ignition prevention; fuel modification for containment ease; and fuel modification for ecosystem health. The goal of fuel modification projects for firefighter safety is specific to the safety of firefighters during emergency response when safe refuge comprised of low fuels is vital. Structure and infrastructure – defensible space projects are intended to: 1) Reduce damage to structures, developed areas and critical infrastructure from wildfire by reducing flame length to two feet within 30 feet of structures by managing fuels per Defensible Space Guidelines in Appendix A of the CWPP/FFMP. In some cases, treatment will need to extend to 100 feet to reduce flames to two feet within thirty feet of a structure; 2) Minimize negative effects of fuel manipulation on wildlands; and 3) Reduce damage to wildlands from wildfire. Ignition prevention fuel management projects rely upon fuel management, coupled with education, signage, and enforcement of park rules regarding fire safety, since ignitions from barbeques may occur in Foothills Nature Preserve. Under extreme fire weather conditions, the parks may be closed to the public. The fuel management will consist of: 1) Following standards for defensible space for a 30-foot radius from the barbeque site; and 2) Removing vegetation to create a non-combustible zone for a 10-foot radius from the barbeque site. Ignition prevention treatments around barbeque sites Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 67  Packet Pg. 523 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 62 Fuel modification projects for containment ease are designed to compartmentalize fuels to facilitate the containment and control of a fire. The treatment areas are positioned in strategic locations, usually on a ridgetop, with access, avoiding areas that would preclude the use of mechanical equipment such as steep slopes or riparian areas. Fuels are modified to reduce fire intensity and thus allow firefighters better access to the fire, making firefighting actions more effective. Fuel modification also creates more opportunities to backfire, which occurs during wildfires where fire suppression crews create large firebreaks in advance of the fire front. Fuel modification can also slow the spread of a fire, further enhancing fire control efforts. Where trees abut grasslands in the new fuel breaks, it is especially important to limb trees and remove shrubby understory from trees along the edge of the forest canopy to break vertical continuity between grass and tree canopy. This action will remove the “ladder fuels” that promote crown fires and hinder fire containment. Fuel modification projects for ecosystem health are intended to reduce the invasion of coyote bush into grasslands and thus reduce expected heat output. The objectives are to maintain grasslands and restore the native pattern of vegetation on the landscape. Other fuel modification projects also enhance ecosystem health: Reducing the amount and height of understory shrubs creates a vegetative structure that is more open at the forest floor, with less biomass and is vertically discontinuous; this mimics the pre-fire-suppression era. This would be done either with goatherds or with hand labor forces. Aside from evacuation route support treatments, four categories of vegetation management projects are ongoing within the project area: mowing; prescribed burns; firebreaks; and eucalyptus removal. Within Foothills Nature Preserve, firebreaks are being implemented annually with a flail mower on a long stretch along Trappers Fire Road. Bobcat Point and Pony Tracks Fire Road via mowing contract, as well as by park staff in a small area along the project area boundary north of the park entry gate. Eucalyptus removal is also being planned for two locations within the park: northwest of the Interpretive Center south of the Arrillaga Property Lake, and in a very small cluster north of Boronda Lake. Firebreak along Trappers Fire Road Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 68  Packet Pg. 524 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 63 Within Pearson-Arastradero Park, two prescribed burn areas have been designated: the larger (ARx1) along a long swathe of Juan Bautista de Anza Trail, and the smaller (ARx2) on Acorn Trail a little farther south. Seven areas are being grazed annually (labelled on the corresponding map as AC1 and AC3-8), and six areas are being mowed annually (labelled as AC2 and AC9-13), with two more mowing areas designated but not yet planned (AC14, a former prescribed burn area along Arastradero, and AC15, a narrow portion of Acorn Trail that has not previously been mowed). Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 69  Packet Pg. 525 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 64 Figure 31. Planned and existing hazardous fuels projects. The extent covers all planned projects. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 70  Packet Pg. 526 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 65 APPENDIX A VEGETATION TREATMENT STANDARDS AND METHODS Treatment Standards for Vegetation Types For each vegetation type group, the resulting fuel bed characteristics after treatment are described18. Following the vegetation prescriptions, a set of guidelines for creation and maintenance of a fire safe area (defensible space) around residences and other improvements are recommended. In all vegetation types, preference for removal should be given to non-native invasive species. Prescription for Grasslands • Mow or graze to no longer than 4 inches in height, or disc • Native grasses should be mowed to a height no shorter than 4 inches and may be mowed later in the year to accommodate seed ripening and seed distribution 19 • Maintain brush cover less than 30% o less than 20% where slope steepness is greater than 20% o Requires annual treatment, usually requiring treatment of all grass near structures within 2 weeks of starting to mow. • Alternatively, prescribed burn in late spring or early fall with a resulting cover of not less than 20% Prescription for North Coastal Scrub and Chaparral • Mow/grind to cut and mulch shrub tops within treatment area; alternatively, 18 These standards/prescriptions were initially developed by Amphion, Inc. for use by the FEMA-funded East Bay Hills Vegetation Management Consortium (VMC). These standards/prescriptions have been reviewed and adopted by the following agencies in the consortium: Cities of Berkeley, Oakland, and Piedmont; East Bay Municipal Utility District; East Bay Regional Park District; University of California; Lawrence Berkeley Laboratory; and PG&E. As part of the review process, a Citizen’s Advisory Committee and a Technical Advisory Committee, which were comprised by a cross- section of members of the public, reviewed and commented on the standards. The reference is Amphion Environmental, Inc. 1995. Fire Hazard Mitigation Program and Fuel Management Plan for the East Bay Hills, prepared for the East Bay Hills Vegetation Management Consortium, Oakland, California. 19 Grassroots Ecology is available to advise on the timing of native grass seed cycles, especially in relation to invasive weed seed cycles. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 71  Packet Pg. 527 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 66 • Create islands of less than 12 feet in diameter or 2 times the height of tallest shrub (whichever is smaller) can remain. Clumps should be natural in appearance including specimens of variable age classes • Distance between islands shall be greater than 2 times the height of tallest shrub or a minimum of 8 feet, whichever is greater • Retain between 20-30 percent of brush areas in brush crown cover • The removal of brush should be based on criteria which are listed in approximate order of importance to fuel management objectives: o Relative flammability - remove the most flammable species first. o Plant vigor - remove shrubs of low vigor, dying or dead shrubs. o Sprouting capability - remove species with sprouting capacity first. o Effects of plant species on soils - i.e. retain shrubs with slope-holding capacity, that increase soil nutrients (ceanothus). o Value for wildlife food and cover. o Aesthetic values. o The order of priority will change according to local conditions such as the relative abundance of each species. For example, where coffeeberry is not abundant, it may be placed high in priority to retain. Attempts should be made to maintain diversity of species. • Maintain a crown cover of less than 30% • Can convert to grass, especially in fuel breaks • Maintain less than 20% dead material in the shrub canopy • Protect oak, madrone, buckeye and trees shorter than 6 feet in height. Cut out shrubs below drip lines and within 6 feet from edge of tree canopy • Anticipate 3-5 year treatment cycle Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 72  Packet Pg. 528 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 67 Priority For Removal Follows: Remove Only If Necessary chamise coffeeberry coyote bush buckeye poison oak ceanothus Himalaya blackberry wild currant northern sticky monkey flower California blackberry coastal sage brush bush lupine scrub oak madrone manzanita toyon oaks Figure 1: Initial Priority of Removal for Brush. Prescription for Oak Woodlands • Prune branches up to 3 inches in diameter for a height of 8 feet. Prune up to a maximum of 1/3 the height of trees that are less than 24 feet tall. • Maintain under 5 tons/acre of duff no deeper than 3 inches. • Leave all trees bigger than 8 inches diameter. Leave 1/3 of the trees under 8 inches to retain a range of size categories and species. Maintain a stand density of less than 50 trees per acre as long as canopy is still closed. • Can mulch site to a maximum depth of 2 inches to prevent invasion of noxious weeds. o Treatment cycle is from 7-10 years. Prescription for Riparian Forest Avoid treatment. Where necessary: • Create or maintain an 8 feet vertical clearance between live needles and understory fuel. Remove all dead material. Prune branches up to 3 inches in diameter. Prune up to a maximum of 1/3 the height for trees less than 24 feet in height. • Maintain less than 10 ton/ac. Depth of duff no greater than 5 inches. • Mulch to between 2 and 5 inches in depth. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 73  Packet Pg. 529 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 68 o Treatment cycle is between 10-15 years. Defensible Space Guidelines Palo Alto staff will be responsible for maintaining a 100 feet wide defensible space on all sides of any structure in the two parks. All dead plants and combustible materials shall be removed within 100 feet of each structure to establish and maintain a defensible space. Removal of combustible materials includes, but is not limited to, the following actions: • Cut grass and weeds to less than 4 inches. Cutting of native grass and wildflowers may be delayed until after seed set unless they form a means of rapidly spreading fire to any structures. • Remove all dead plant material from within 100 feet of each structure. This includes keeping the ground, roofs, decking, and balconies free of dead leaves, needles or other plant debris. This also includes removing from trees loose papery bark, and dead branches smaller than 3 inches in diameter, to 8 feet above ground. Remove all dead branches from within live ground covers, vines, and shrubs. Refer to Figure 1 explaining pruning. • All live vines and live branches smaller than 3 inches in diameter shall be cut up to a height of 8 feet above ground. Figure 32 provides a description of pruning best practices. Figure 2: Pruning Example. Prune branches to a height of 8 feet above the ground. In young trees, prune branches on the lower one-third of the height of the tree. Do not disturb or thin the tree canopy, as this promotes growth in the understory, which is more easily ignited. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 74  Packet Pg. 530 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 69 • Remove plants as necessary to break vertical continuity between ground covers, shrubs, trees, and decks or overhangs on buildings. Vertical separation is the distance from the top of shrubs or ground cover to adjacent trees, designed to minimize the spread of fire to the crown of trees or structure roofs. Vertical spacing should be a minimum of 8 feet or 2 times the height of the understory plants to the leaves or needles of adjacent overstory trees, decks or overhangs, whichever provides greater separation. For overstory trees under 24 feet in height, the minimum clearance can be reduced to 1/3 of the overall height of the overstory tree provided this reduced clearance does not form a means of rapid transmission of fire. • In areas without a tree overstory, create shrub islands per the standard for north coastal scrub. Within 100 feet of improvements, grass between shrub islands should be mowed when cured (dry). • Remove all branches within 10 feet of any chimney or stovepipe including chimneys on adjacent properties. • Chipped materials can remain on the site provided the chipped mulch layer is no greater than 2 inches in depth. Description of Treatment Methods Summary Fuels can be removed on a large scale by grazing animals, mechanical treatment and prescribed burns. In small open space areas and around structures, hand labor is effective in reducing the fuel load. Eucalyptus tree removal may be effective in specific locations of high risk. Fuels can be redistributed on a large or small scale through mechanical treatments, such as mowing, discing, or grading. In all the following treatments except hand labor, economies of scale are dramatic; the larger the project, the greater the efficiency. Timing of Treatments The timing of the initial or follow-up treatments is important to achieve the desired fuel management performance standards and resource management objectives. Given the variable nature of fuels through changes in weather and season over time, the schedule of the treatment may often be just as important as the type of treatment selected. For example, treatments in grasslands typically take place when grass cures or dries out. Cutting grass too early will be ineffective, as the grass will usually grow back, negating the treatment. Conversely, cutting grass too late will leave the grass in a hazardous condition during periods of high fire danger. Fuel treatments also need to be conducted Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 75  Packet Pg. 531 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 70 when the weather is not too dry or windy, as some treatment types - especially mechanical treatments - may inadvertently start fires. Timing the treatment methods appropriately can reduce potential impacts to special- status species or sensitive wildlife species. It is likely that there will be some months of the year when particular practices need to be implemented (e.g., pre-treatment nesting surveys or avoidance of breeding habitat) to avoid adverse effects to special-status species. Timing treatments to either control or avoid the spread of invasive plant species or insect pests is also critical. For example, treatments performed when plants have set or are setting seed will spread the seed whether it is a native plant or invasive weed. Treatments should therefore take advantage of differences in the timing of seeding of native plant species and avoid periods when invasive species are in seed. Pruning of pines and eucalyptus should be done when insect pests are not flying to minimize the associated spread and damage from these insects. Pruning should take place from November to April to minimize the susceptibility to bark beetles or red turpentine beetles. In most cases, the timing and method of treatment can be modified to accommodate local habitat needs and still reduce fire hazard to an acceptable level. Hand Labor Hand labor involves pruning, cutting or removal of weeds or shrubs either by hand or with hand-held equipment. This process is slow and expensive, but most selective and has little impact beyond the removal of the target plants. This technique generates considerable debris when pulling, pruning, and cutting vegetation. The debris is not always removed from the site due to the high cost of doing both the clearance and removal by hand. Not removing the debris, however, leaves a significant hazard, possibly greater than pre-treatment because the debris may be voluminous, dry, well aerated, and quite flammable. This method is most used by residents to reduce fuel volume on private lands, or by hand crews on short-term contract with the City of Palo Alto to reduce hazard adjacent to improvements. Hand crews are periodically available from CAL FIRE or other agencies to perform this work. Some expertise is required to work with trouble species such as poison oak, to prune oaks and control shrubs, and to identify new fuel hazards as they arise. Hand labor encompasses the operations of pruning and weed-whipping, tree removal, pruning, bark pulling, removal of dead wood within the tree/shrub canopy, litter removal and mulching, and establishing new plant material. Hand labor allows use of a wide variety of methods to reduce fuel load, including both chemical and mechanical treatments. Hand Labor - Pruning Trees and shrubs must be hand-pruned to vertically separate fuels. Pruning lower branches of trees is usually done with a hand-held pole saw (with or without a motorized chain saw attached). Lower branches on shorter trees can be pruned with loppers. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 76  Packet Pg. 532 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 71 Hand Labor - Weed-whipping Like mowing, weed whipping reduces fire hazard by reducing the fuel height. However, it is done by hand to avoid harming rock outcrops and desired small plants (such as oak regeneration and landscape material). This treatment is generally limited to small material such as grass or short herbs. Weed whipping may be accomplished any time of the year, and regardless of whether the material has cured. Weed whipping is performed with a hand-held, gas- or electric-powered tool that cuts grasses and very thin woody material with a fast-spinning fishing-line type of cutter. Because this method is performed manually, it can be used to selectively remove certain vegetation. Most large woody stems are not cut by the treatment; however seedlings (such as oak seedlings) can be severely damaged. Treatments can be completed with greater care than the others (however the height to which plants are cut may be difficult to control if the operator is not experienced) and minimize soil disturbance and erosion. It is also often the only type of treatment possible on steep slopes and in wooded areas. The average weed whipping rate is 750 square feet/hour. The schedule for a skilled laborer should be tailored to the timing of their tasks. For example, selective weed whipping of annual grasses before they set seed while leaving native bunch grasses until after these plants set seed can shift the proportion of vegetative cover over time to more bunch grasses. This shift in type of grasses can shorten the length of time the landscape is prone to ignition. Similarly, thistle reproduction can be minimized by cutting while they are growing, but before they set seed. Pruning should be done from November to April; this schedule avoids spreading destructive bark beetles and/or other pathogens. The cost varies from $10,000 per acre to approximately $1,500 per acre, depending on the time of year, extent of project, and level of detail required. Publicly funded hand crews are sometimes available at much reduced costs to the city. Mechanical Treatments Mechanical treatments, including mowing, weed whipping, discing, and grading, rearrange rather than reduce the actual fuel load. Heavy machinery is usually used in flat areas where terrain and the presence of rocks or numerous trees do not prohibit travel. This type of machinery should not be used on slopes over 30% because of concerns for worker safety as well as erosion control and slope stability issues. Heavy machinery: attachments to tractors (brush hogs, flail, mowers, tiger mowers) Roadside mowing is a prime example of the use of heavy machinery with attachments. A variety of attachments serve numerous purposes. For example, a brush hog attachment cuts and breaks brush plants off and produces a mulch of the brush debris. Mowers that cut or flail grass and small woody plants are also attached to tractors. Attachments (such as mowers) with articulated arms that reach as far as 20 feet away Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 77  Packet Pg. 533 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 72 from the tractor reduce the area over which the tracks must travel and offer more maneuverability. These articulated arms also cut and/or break off material. Heavy machinery is a moderately fast, and a relatively inexpensive treatment. There is little control over which plants are cut, but machines can travel around isolated areas of concern. Remote-controlled machinery is now possible, thereby reducing concerns regarding operator safety. Heavy machinery should not be used when the ground is soft to prevent ruts and bared soil. Soil movement can be caused by all users on foot, bicycle, equestrian and vehicles (patrol vehicles and fire apparatus). Soil movement can be ruts or minor depressions, which will lead to large ruts or voids. This technique can be used at almost any other time of year, but is faster when done in the summer or fall when brush is brittle and grass has cured. It must not be used during times of high fire danger because the machines can start fires. The under-carriage of the machine and attachments should be washed off after use in areas of weed infestations. Grading and Discing involves stripping a swath of land bare of vegetation with a tractor and blade. It is very effective in producing fire trails 8 to 12 feet across and as a maintenance tool for access routes. Generally, grading is done mid-spring, by a contractor when there is still residual moisture in the soil, but after the threat of spring rains has diminished20. Costs are reasonable, (from $100 to $300 per acre) and relate to the size of the project and condition of trail surface. However, there are several disadvantages to this treatment. By removing all competing vegetation, grading creates an excellent establishment site for weedy species, which may be serious fire hazards. Untimely grading, for example, in mid-summer, can help sow seeds of weedy exotics, such as yellow star thistle, mustard and Italian thistle. In addition, annual grading causes soil disturbance and alters drainage patterns. Runoff, blocked from cross-drainage by the banks on either side of a graded fire trail, is redirected down the trail. This situation favors coyote bush and exotic grasses, leading to a shift in the grassland species composition. Grading spoils will need to be feathered into the sides or smoothed back into grading area annually. Discing involves cultivating or turning over the upper 10" of soil, and produces an uneven surface with a discontinuous fuel distribution and is appropriate only if mowing or grazing is not applicable that year or in a specific location. Rate of production is quite high; normally the operator can disc land parcels of two acres or less within one day. Discing is normally performed annually once grass has cured (so the grass will not grow back that season). A tractor with disker attachment can typically cultivate a swatch 15 feet wide in a single pass. While this is an effective barrier to surface fire spread, it is 20 Residual soil moisture makes the soil pliable or workable, and allows the soil to compact. When grading is performed when the soil is completely dry, the soil is very difficult to work. Pearson-Arastradero has high clay content soils and causes premature soil movement unless the contractor supplements soil moisture with a water truck, which is an additional expense. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 78  Packet Pg. 534 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 73 also an ideal disturbed area with prime growing conditions for weeds and distribution of their seeds. Surface erosion can be significant in areas prone to this process. Grazing with Sheep and Goats This method includes the intentional use of sheep and goats to consume vegetation thus reducing the amount or density of fuel. These types of livestock are not recommended to create a fuel break but can be used to maintain this type of pre- suppression feature. Similarly, livestock can prevent grasslands from shrub encroachment, and an oak woodland free of significant understory. The option is effective where the plants are palatable to the animals selected. Control of the livestock and prevention of the impacts of overgrazing is critical to successful use of this technique. As a fuel management technique, livestock need not graze every year. Grazing can reduce or encourage weedy pest plants depending on the timing and intensity of grazing. A range management plan and a grazing monitoring program needs to be established to identify the impacts and ensure that the animals are removed once fuel management goals are met. Perennial grasses may require modifications from management of annual grasses using grazing animals. Because presence of healthy perennial grass stands has many benefits, these modifications are generally recommended. The benefits of perennial grasses are that they cure later in the season, which limits the opportunity for ignition. Mowing typically can be scheduled over a longer time period. Rotation of grazing animals is preferred over greater grazing pressure. Typically, perennial grasses react best when grazing is applied after seed maturation - from late spring through the fall. Goats may import seeds from another weedy site. The herd can be quarantined at goat herd’s ranch for three days where they will be fed alfalfa to clear out their systems. The herder can also use short-haired goats that will carry fewer seeds in their fur. The herding instinct of sheep and goats allows professional herders to range in very mobile bands without the installation and maintenance of permanent fences. Portable electric fences are commonly used to help control the herd and the outcome of their grazing. Goats will browse materials up to 6 feet above the ground creating a desirable vertical separation between the canopy and ground cover. However, measures must be taken to prevent girdling of trees by goats browsing on bark. Herd movement has the advantage of breaking off dead material in a stand as well as punching a humus layer into the soil (if the ground is somewhat moist) and thereby removing available fuel. Grazing treatments need to be repeated, however, following up or alternating with a different, complementary technique can extend its effectiveness. If work is needed to be done during May-July, scheduling can present a challenge because many clients in the greater area desire the service at that time. To minimize the negative effects of grazing on a specific plant, goats should graze after seed set of that plant. During initial fuel reduction treatments, goats may be most cost-effective in the late fall or early spring when demand for their services, and possibly price are Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 79  Packet Pg. 535 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 74 reduced. Multi-year contracts, and contracts for larger areas typically lower the costs per acre. Providing a place where the herd can stay during the winter also lowers costs for treatment. Providing a water source for livestock is another way to reduce costs. Water sources can be as rudimentary as a plastic wading pool or a portable trough. A herd of 200-300 goats can generally treat one acre per day. Costs can vary from $300 to $1000 per acre with an average of $700 per acre, depending on fencing requirements as well as type and density of vegetation present. The cost includes transportation, the shepherd’s salary, supplements and healthcare for the goats, fencing and insurance. Prescribed Burns Prescribed burning reintroduces fire into the ecosystem as a "natural treatment" and can promote native flora and aid containment of fires by reducing fuel volumes. Implementation of this technique is challenging within the City; exploration of ways to employ this treatment is ongoing. Remote-controlled machinery with a flaming element and extinguishment – which results in a linear burned strip - is being investigated. Two types of prescribed burning, pile burning and broadcast burning, are possible. Pile burning is more frequently conducted. In this type of prescribed burning, material is cut, then piled in distinct locations. Piles are separated by a distance that limits the contagion of fire from one to the next. These piles are usually ignited when weather would not allow fire spread outside the pile. This type of prescribed burning can remove a significant amount of biomass with decreased risk. Prescribed burns are usually performed by the local fire protection district. CAL FIRE may be willing to participate in a limited broadcast prescribed burning program as part of their hazard reduction efforts within the Vegetation Management Program, even if the project area would be outside the State Responsibility Area. If burns were conducted by CAL FIRE, the State would not only assume liability, but also share costs. Regardless, it is likely that CAL FIRE and other nearby fire protection districts and departments would offer mutual cooperation and/or assistance. Several precautions, such as installing firebreaks and notifying various agencies, must be taken before performing a prescribed burn. For broadcast burns, treatment boundaries are often road and trail crossings, which reduces the number of fire breaks that need to be created by fire personnel, thereby reducing labor costs and time needed to prepare for the burn as well as minimizing the amount of surface soil disturbance and potential for soil erosion. Prescribed burning requires the development and approval of a prescription or burn plan, which is typically developed by the local fire protection district in consideration of fuel reduction requirements, local weather conditions, and available resources for fire management. The soot and smoke generated, as well as the chance of escape, make Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 80  Packet Pg. 536 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 75 prescribed burns a public safety concern. Planning and coordination with interested parties must be an integral part of the program. Broadcast burning may occur throughout the year; however, it is usually conducted during late spring when the ground is still wet or during fall or winter after plants have completed their yearly growth cycle and their moisture content has declined. Spring burns are preferred by some fire staff to ensure a greater measure of public safety, however, there may be impacts to animal and plant reproduction activities. Fall burns are more closely aligned with the natural fire cycle found in California. If a prescribed burn were to be conducted in the fall, the period before leaves or new herbaceous material covers the slopes will be short (possibly a month or two). Prescribed burning can enhance the local grasslands and promote the abundance of wildflowers. Any small oaks or shrubs to be retained will need to be protected during the burn to prevent their mortality. While the abundance of wildflowers the subsequent years is an appealing sight, the burned area will be temporarily blackened. Eucalyptus Tree Removal By removing eucalyptus trees their canopy no longer contributes to a fire in the form of a crown fire or ember production. Additionally, the production of surface fuels is reduced since biomass production (branches, leaves, duff etc.) is decreased. This technique has positive impact on reducing spotting potential, heat output, spread rate and, potentially, ignitability depending upon what replaces the overstory. Tree removal varies from cutting of individual trees, to removal of entire overstory canopy. This process can be slow and expensive but can be selective with limited impact beyond the removal of the target plants (depending upon scale of removal). Sometimes harvesting techniques can be quite rapid. If the whole tree is not harvested, the technique generates considerable debris (from tree branches) that should be removed using machinery to haul. The boles of trees hauled away and other debris should be either hauled away or may be burned later as a part of a prescribed burn (pile or broadcast). A portion of debris may be left as a sort of erosion control measure and to cover bare spots. And bats may use eucalyptus trees as perches and nesting sites. Replacement perches and nesting platforms for raptors can be constructed, located, and installed prior to removal of the trees to minimize displacement of raptors. If the tree harbors a maternal bat roost, removal should be coordinated with the appropriate wildlife agencies, including the California Department of Fish and Game and possibly the US Fish and Wildlife Service. Volunteers can locate and construct the raptor perches and nesting platforms, with guidance from suitable experts (e.g. Audubon Society or the Point Reyes Bird Observatory). Tree removal creates patches of disturbance by the removal operation. Subsequent treatment of the area is dependent upon the species that encroach into these patches. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 81  Packet Pg. 537 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 76 Removal of exotics or weed species on an annual basis should be anticipated until an acceptable stable vegetation type is re-established. Sprout removal is often required as a follow up treatment, involving the application of herbicides and/or other techniques such as grinding the stump or placing plastic over the stump. Herbicide Application to Control Invasive Plants Using herbicides to control invasive plant species that exacerbate wildfire risk is used as part of an Integrated Pest Management21 program and in combination with other treatment measures (e.g., mowing, burning and hand removal). Application following another treatment method in which plants are trimmed or shortened can increase the effectiveness of the chemical treatment. Herbicides can also be used to kill herbaceous plants in exposed areas, such as roadside grass and weeds, and are typically applied while the grasses and weeds are still actively growing. Foliar treatments are generally not applied within seven days of significant rain because the herbicide may be washed off before it is effective, and not on windy days because of concerns for spray drift. The use of Garlon 4 Ultra herbicide can be used to treat areas of eucalyptus resprouting, removing the need to completely uproot or grind down the eucalyptus stump. Foliar application of Roundup to eucalyptus re-sprouts is another typical, successful chemical treatment, and can be used to eliminate small-diameter fuels in areas of high ignition risk. The use of a thistle-specific herbicide, Transline, is effective in controlling the spread of yellow star thistle, artichoke thistle, and bull thistle. Herbicides do not remove any vegetation from an area’s fuel load; the dead plant matter continues to exist at the site and could continue to be a fire hazard if not collected and disposed. Health, safety and environmental concerns have limited the widespread use of chemicals over the past 20 years, and repeated use of chemicals is not preferred due to the prevalence of unwanted species building resistance to herbicides. Additionally, concerns regarding water quality and other potential environmental impacts that may occur with prolonged use of and exposure to herbicides and other chemical applications further limit their frequent or widespread use as a treatment. Application of herbicides is typically performed by hand, and can include sponging, spraying, or dusting chemicals onto unwanted plants. Hand application provides flexibility in application and is ideally suited for small treatment areas. Roadside application of herbicides may employ a boom affixed to or towed behind a vehicle. Herbicide application requires specific storage, training and licensing to ensure proper and safe use, handling, and storage. Only personnel with the appropriate license are 21 Integrated Pest Management is a strategy that uses an array of biological, mechanical, cultural, and hand labor, to control pests, with the use of herbicides as a least-preferred method of control. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 82  Packet Pg. 538 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 77 allowed to use chemicals to treat vegetation. Herbicide application is also only applied per a prescription prepared by a Pesticide Advisor licensed in that county. Personal protection equipment is essential to limit personnel exposure to chemicals. Best Management Practices The protection and preservation of culturally and environmentally sensitive areas is one of the primary drivers for development of an updated Fire Management Plan. The development of a comprehensive plan not only protects these features from the effects of fire, but ensures that vegetation treatment, fuel management, or fire mitigation efforts are planned and executed in a manner that prevents potential additional adverse impact. The following steps are considered best management practices for the continued protection of environmental areas. These steps are ideally suited to on-going fire management planning and the execution of specific fire management actions described within this plan. • Detailed site inventory prior to treatment to determine the location of sensitive sites. Exploration into the use of knowledgeable volunteers to conduct a more detailed, site-wide survey is warranted. • Site planning and design to determine specific vegetation treatment actions based on fire management benefits, environmental impact, and required mitigation activities. • Protection during vegetation treatment using best management practices tailored to impacted sensitive resources. • Protection of disturbed environmentally sensitive areas following specific fire management actions. The above vegetation treatment actions have been commonly used throughout the State of California. Through their implementation, a series of best practices has emerged to limit their adverse impact on the environment and to assist in the selection and planning of their application. Hand Labor Due to the direct relationship of personnel to the environment in which they operate, hand labor can represent an approach that provides the least adverse impact to environmentally sensitive areas. However, specific fire management goals and the characteristics of the sensitive area or resource must be assessed to develop an actual work plan and associated activities. The following management practices and considerations should be implemented during site planning and project execution. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 83  Packet Pg. 539 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 78 • Provide or confirm adequate training, experience, and oversight to ensure that personnel are familiar with hand labor operations and planning, site conditions, potential and identified sensitive resources, and the identification of specific environmental features or conditions that must be avoided. • Avoid treatment actions during conditions that may affect water or run-off including during storms or severe weather or immediately following severe weather. • Avoid excessive foot or vehicle traffic on slopes, unimproved or non-designated trails, or outside of preexisting roads or access points. • Inspect areas for nesting birds to determine if activity should be postponed or adjusted by the establishment of a buffer area. • Clean all tools and equipment following actions and prior to movement into new environmental areas to prevent the spread of invasive or non-native plants. Mechanical Treatments Due to the potential for large equipment use, rapid action, and large-scale area operations, mechanical treatments can have significant adverse impacts on sensitive areas. As a result, pre-planning and site supervision are extremely important for any planned mechanical treatment actions. The following management practices and considerations should be implemented during site planning and project execution. • Provide or confirm adequate training, experience, and oversight to ensure that personnel are familiar with mechanical treatment operations and planning, site conditions, potential and identified sensitive resources, and the identification of specific environmental features or conditions that must be avoided. • Avoid treatment actions during conditions that may affect water or run-off including during storms, periods of precipitation, or immediately following severe weather. In addition, avoid scheduling any treatment actions during seasons with significant predicted precipitation. Cease operations or postpone planned operations including movement of vehicles or equipment during precipitation conditions that may combine with vehicle activity to cause damage to roads, trails, or adjacent land areas. • Plan treatment actions and equipment selection to minimize damage or alterations to existing soils. Determine locations of potentially erosive soils prior to treatment. Restrict operations that may adversely affect sensitive soil systems such as serpentine soil areas, erosion prone soils, or riparian zones. Restriction may include using road-based operations only and avoiding riparian set-backs established by regulatory agencies. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 84  Packet Pg. 540 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 79 • Maintain a buffer of 25-50 feet between operations and water bodies or designated riparian areas. Avoid crossing drainage channels, run-off areas, or dry streambeds. Install and manage run-off barriers for rainwater in all treatment and operating areas. Restrict mechanical removal of trees to areas further than 50 feet from drainage channels. • Restrict vehicle traffic to preexisting roads or pre-planned access points based on equipment size and operations. Limit transport and support equipment to existing roads. Limit heavy equipment use to slopes less than 30%. Install erosion control measures on all vehicle roads and traffic areas. • Maintain strict monitoring and control of fueling and maintenance operations. All maintenance actions that may produce spills should be executed in areas with secondary containment protection, away from any water bodies or drainage areas. Clean up of all spills should be done on-site, with materials ready for use. Inspection of equipment for new leaks and mechanical problems should be performed daily, prior to operations. • Inspect areas for nesting birds to determine if activity should be postponed or adjusted by the establishment of a buffer area. • Clean equipment following actions and prior to movement into new environmental areas to prevent the spread of invasive or non-native plants. • Plan operations around expected seeding conditions of targeted species (either prior to or sufficiently afterwards) to ensure efficiency of treatment action. • Cease actions during periods of high fire danger or during red flag conditions. Ensure that all mechanical equipment have approved spark arrestors and comply with California Public Resources Code (PRC) sections 4431, 4435, 4442, and 4437 to limit potential for ignition of incidental fires. • Maintain on-site fire suppression resources to include shovel, water pump, fire extinguisher, and two-way radio or communications for fire reporting. Grazing with Sheep and Goats • One of the primary adverse impacts of grazing is over-grazing and the resulting exposure of bare ground. Over-grazing can increase the potential for soil erosion, water run-off and drainage, elimination of native plant species, and spread of non-native plants and weeds. Prepare a grazing management plan by a certified range specialist that specifies goals, stocking levels, grazing periods, installation of range improvements (such as water sources) to evenly distribute utilization of feed, and monitoring and performance criteria. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 85  Packet Pg. 541 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 80 • Develop a site-specific annual grazing plan that includes project-level plans for stocking, timing, and resource management goals. • Prior to introduction, all animals should be quarantined and fed weed-free forage to limit spread of invasive or unwanted plant species as well as prevent spread of livestock diseases. • Limit grazing to non-riparian areas. Broadcast Prescribed Burns Prescribed burns can have significant impacts on sensitive areas both from environmental and cultural standpoint. The planning and execution of a prescribed burn must be carefully developed. A prescribed burn can adversely affect the duff layer, generate large and unpredicted amounts of smoke, and transition from a controlled event to one that is uncontrolled and dangerous. • Provide or confirm adequate training, experience, and oversight to ensure that personnel are familiar with broadcast prescribed burn operations and planning, site conditions, potential and identified sensitive resources, and the identification of specific environmental features or conditions that must be avoided. • Develop a smoke management plan describing desired outcomes and specific actions for onsite personnel including a test burn, continual evaluation of smoke dispersal, monitoring of wind patterns, and monitoring of potential visibility impacts to primary roads and highways. • Develop public safety plans to be executed throughout the prescribed burn cycle including press and information releases, signs and notifications, patrols on roads and access points, and development of a fire contingency plan. • Maintain a buffer between the prescribed burn area and water bodies or drainage into riparian zones. Buffers should be a minimum of 25 feet for 5% slopes, 75 feet for 5-10% slopes, and 250 feet for 10% or greater slopes. No prescribed fires should be ignited near streams or in riparian zones. • Plan the prescribed burn to minimize post-fire erosion into water bodies and drainages through natural barriers, proper construction of fire lines along contours, and proper erosion control barrier deployment. Minimize prescribed burning in areas with highly erodible soils. • Cultural and social sites and structures shall be excluded from burn areas through planning, hand-lines, or other fire protection operations. On-site personnel will be briefed on locations and features of cultural or social sites to include incident command or response personnel. Avoid prescribed burns in areas with utility infrastructure, existing property or structures, or archeological sites. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 86  Packet Pg. 542 of 578  2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto Page | 81 • Manage fuel moisture through pre-fire assessment and potential fuel modification. Prior to prescribed burn, remove ladder fuels into the tree canopy to increase safety and reduce torching. • Conduct prescribed burns only on designated burn days as authorized by BAAQMD. • Inspect areas for nesting birds to determine if activity should be postponed or adjusted. Herbicide Application The application of herbicides for vegetation treatment should focus on the goal of applying the least amount of chemical required to achieve a desired outcome, consistent with the City of Palo Alto’s Integrated Pest Management policy. Best management practices for herbicide application are centered on limiting adverse or unintended impacts of herbicides due to run-off, wind-spread, or post-treatment exposure. • Provide or confirm adequate training, experience, and oversight to ensure that personnel are familiar with herbicide operations and planning, site conditions, potential and identified sensitive resources, and the identification of specific environmental features or conditions that must be avoided. Herbicide application is only applied per a prescription prepared by a Pesticide Control Advisor licensed in that county, and applied by a licensed Pesticide Control Applicator. • Develop public safety plans to be executed throughout the treatment cycle including press and information releases, signs and notifications, and fencing or area restrictions. • Develop a spill contingency plan and maintain strict monitoring and control of operations. Clean up of all spills should be done on-site, with materials ready for use. • Chemical treatments within habitat of California Red-legged Frog should be conducted according to U.S. District Court injunction and order covering 66 pesticides (Oct 2006) and subsequent EPA effects determinations. • Clean equipment following actions and prior to movement into new environmental areas. • Avoid treating areas adjacent to water bodies, riparian areas, and primary drainage access. Follow all herbicide labels and directions in determining applications near water resources or riparian habitats. Limit aerial application to greater than 100 feet from water resources. Limit ground and hand application to greater than 50 feet. • Avoid treating areas used for livestock operations or intended as grazing areas. Item B Attachment A - 2023 Santa Clara Community Wildfire Protection Plan, Annex 3 City of Palo Alto Community Wildfire Protection Plan Foothills Fire Mitigation Plan Update 2025        Item B: Staff Report Pg. 87  Packet Pg. 543 of 578  City of Palo Alto Transmittal for 1. The City of Palo Alto has updated the pre-existing Community Wildfire Protection Plan (CWPP) dated 2017 and the Foothills Fire Management Plan (FFMP) dated 2016. This new 2025 update replaces both pre-exiting plans and now serves as the current version of the CWPP/FFMP. 2. The Healthy Forest Restoration Act of 2003 recommends the implementation of wildfire protection plans for communities that have a wildfire threat. In compliance with this Act, three signatures are required from applicable local government - the City Manager, the local fire department – PAFD Chief, and the state entity responsible for forestry – CalFire CSU Chief. Additional signatories can be added, OES Chief. 3. The undersigned herewith approves the City of Palo Alto Community Wildfire Protection Plan / Foothills Fire Management Plan Update 2025. Signed effective (date): ______________ __________________________________ City Manager Signed effective (date): ______________ _________________________________ Chief, Palo Alto Fire Department Signed effective (date): ______________ _________________________________ Chief, Office of Emergency Services Signed effective (date): ______________ _________________________________ Cal Fire - SCU Item B Attachment B - Transmittal of Signatures CWPP 2025        Item B: Staff Report Pg. 88  Packet Pg. 544 of 578  City Council Staff Report From: City Manager Report Type: INFORMATION ITEM Lead Department: Administrative Services Meeting Date: June 9, 2025 Report #:2412-3916 TITLE Fiscal Year 2025 Third Quarter Financial Status Report RECOMMENDATION This report transmits information regarding the City of Palo Alto’s Fiscal Year 2025 Third Quarter Financial Status Report. CEQA Status -- Not a project. EXECUTIVE SUMMARY The purpose of this report is to provide the City Council with information on the financial status of the City’s General Fund and Enterprise Funds. This report is as of the end of the Third (3rd) Quarter of Fiscal Year (FY) 2025 (January 1, 2025, through March 31, 2025). The figures presented in this report are unaudited. Third quarter results for the General Fund are fairly consistent with historical trends and it is expected that the fund will meet the adjusted budget. Staff will continue to review revenues and expenditures compared to the budget and bring forward information when available regarding budget to actual variances. As of the end of March, 63.5% of the revenue adjusted budget (before operating transfers) was received and 69.2% of the adjusted expenditure budget (before operating transfers) was spent. Seasonality of the City’s major tax revenues, specifically property tax and sales tax, are reasons why revenue received this time of year trends lower than 75%. The Budget Stabilization Reserve (BSR) is $54.0 million at the end of the 3rd quarter and is projected to remain at this level through the year-end, which is 18.4% compared to the Adopted Budget. This level is slightly below Council’s 18.5% target, but it is within the policy’s 15-20% range. All Enterprise Funds reported a positive change in net position through the 3rd quarter of FY 2025 except for the Airport Fund. The combined increase totaled $16.1 million, or 31.5%, higher than the same period of the prior fiscal year. The increase is primarily driven by the Electric Fund. Item C Item C Staff Report        Item C: Staff Report Pg. 1  Packet Pg. 545 of 578  BACKGROUND Staff provide quarterly financial reports to ensure visibility of the City’s financial status. Staff provided the Mid-Year Budget Review to report on the financial status of major funds and the Capital Improvement Program as of the second quarter (Q2) of the current fiscal year and recommended adjustments to the Adopted Budget in February 20251. This 3rd Quarter Financial Report covers financial activity from July 1, 2024 to March 31, 2025 and compares those amounts to the same period of the prior fiscal year and to the FY 2025 Adjusted Budget. This report serves as a financial status update and does not include any budgetary adjustments for FY 2025. In the discussion of the major tax revenue categories below, staff indicates generally how each category is trending compared to the adjusted budget from the FY 2025 Mid-Year Review. ANALYSIS General Fund The General Fund 3rd Quarter Financial Report (Attachment A) contains a summary of major General Fund revenues by source and expenditures by department and the comparison between the FY 2025 Adopted Budget and Adjusted Budget. The Adjusted Budget column includes prior year commitments that were carried forward into FY 2025 and the City Council approved amendments to the FY 2025 Adopted Budget Year-to-Date (YTD). The Adjusted Budget - Revenue and Sources (excluding Operating Transfers-in) includes a $2.5 million increase, a 1.0% increase over the FY 2025 Adopted Budget. Expenditures (excluding Operating Transfers-out) were also adjusted from $268.0 million to $293.8 million, an increase of 9.6% over the FY 2025 Adopted Budget. This increase includes reappropriations, encumbrances, and budget amendments. These changes can be viewed on City’s website2. 1 February 24, 2025 Council Meeting Item #9, Report # 2412-386: https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=83263 2 Budget Adjustments and Monitoring https://www.cityofpaloalto.org/Departments/Administrative-Services/Budget-Adjustments-and-Monitoring Item C Item C Staff Report        Item C: Staff Report Pg. 2  Packet Pg. 546 of 578  Revenue Highlights for FY 2025 3rd Quarter YTD The General Fund FY 2025 Adjusted revenue budget is $260.8 million (excluding Operating Transfers-in). The FY 2025 Adjusted Budget reflects a 5.4% increase in estimated revenues from the prior fiscal year. As of the end of the 3rd quarter, $165.5 million has been collected, or 63.5% of the adjusted budget. This percentage is not fully indicative of the expected full fiscal year receipts mainly due to timing of sales tax, property tax, transient occupancy tax and business tax received over the fiscal year. This level of revenue compared to budget is slightly lower than the 66.2% reported for the 3rd quarter of FY 2024 mainly due to the lower percentage of Charge for Services, attributable to a $2.5 million timing difference in billing for Stanford services and lower of Documentary Transfer Tax collections. As of the end of the 3rd quarter, major tax revenues total $104.1 million, or 62.1%, of the $167.5 million adjusted budget for these revenues. All the major taxes except sales tax are higher compared to the same period of the prior fiscal year, indicating continued economic activity. The decline in sales tax primarily driven by auto sales and leasing reflects similar trends amongst other municipalities. The budget for sales tax was adjusted downward at FY 2025 mid-year, with offsetting higher revenues in other categories. Although most major tax revenue collection is trending higher than the prior year, ongoing economic uncertainty remains a concern that Staff continues to monitor The following table highlights the City’s major revenue sources for the 3rd Quarter Year-To-Date (YTD), compared to the same period of the prior fiscal year. Revenues are expressed as a percentage of the Adjusted Budget. R F I %F %F % P $$4 $6 $6 C 2 (-3 6 3 7 S 2 (-3 5 3 5 T 1 8 5 2 6 2 6 U 1 1 8 2 6 1 6 P 6 (-1 6 1 6 D 5 1 2 8 6 5 7 B 2 6 -5 5 2 0 A 2 (-4 6 4 6 T $1 0 $6 $6 3 A F F ( 2 1 1 $ 2 $ 7 4 3 2 Item C Item C Staff Report        Item C: Staff Report Pg. 3  Packet Pg. 547 of 578  Property Tax At the close of the 3rd quarter, property tax revenue receipts were $43.9 million, or 64.3% of the adjusted budget, and an increase of 4.2% over the same period in the prior fiscal year. Property tax revenues are received from the County of Santa Clara during second, third, and fourth quarters of the calendar year. The compounded annual growth rate (CAGR) over the 5 years and 10 years for this revenue source has been 7.0% and 8.1%, respectively. For FY 2025, the certified secured and unsecured property tax assessed values (AV) growth rates are 4.78% and 5.58%, respectively, with a combined rate of 4.82%. At the FY 2025 Mid-Year review, the property tax budget was revised downward by $0.3 million to $68.3 million. However, a February 2025 forecast from the County of Santa Clara’s Finance Agency and Office of the Assessor, the entities responsible for property tax billing, collection, processing adjustments such as sales and assessment appeals, projects FY 2025 revenue of $69.4 million. This represents a $1.1 million (1.6%) increase over the adjusted budget. Staff will continue to monitor property tax projections and update the Finance Committee and Council with any new information when it becomes available. Excess Educational Revenue Augmentation Fund (ERAF) distributions from the County of Santa Clara in fiscal years 2021, 2022, 2023 and 2024 receipts were $5.6 million, $6.6 million, $6.4 million, and $7.0 million, respectively. Approximately 22% of Excess ERAF is from fiscal years 2021 to 2024 and 20% in FY 2025 is considered at risk due to the State Controller’s Office audit finding on Marin County Excess ERAF calculation methodology, which also applies to Santa Clara County. The County of Santa Clara has filed a lawsuit against the State Controller’s Office on this matter. As of June 30, 2024, the total excess ERAF reserve balance totaled $5.6 million for the at-risk amounts for fiscal years 2021 to 2024. The updated FY 2025 forecast assumes $1.5 million additional reserves for a potential loss based on the County’s recommendation. Due to the timing of sales tax collection and distribution by the California Department Tax and Fee Administration (CDTFA), third quarter sales tax only reflects seven months of sales activity (through January) and does not represent the full three quarters of the fiscal year. Actual year- end performance will not be known until August. As of the third quarter, sales tax revenue totaled $20.6 million, 57.9% of the adjusted budget, and a $1.1 million or 4.9% decrease, compared to the same period in the prior fiscal year. This decline is primarily due to lower auto sales and leasing. FY 2024 experienced elevated auto sales and leasing due to post-pandemic pent up demand and attractive pricing for electric cars, resulted in higher sales tax collections; FY 2025 activity is expected to normalize to FY 2023 levels. However, federal policy actions may further negatively impact sales. In FY 2024, elevated car sales, driven by pent-up demand and attractive pricing for electric cars, resulted in higher sales tax collections. To align the budget with current trends, particularly weaker auto sales and leasing, staff recommended a $3.9 million or 11.2% reduction in the FY 2025 sales tax revenue budget in the Mid-Year Budget Review, revising the budget to $35.6 million. Staff expect that actual revenue for the year will meet or slightly exceed the adjusted budget. Item C Item C Staff Report        Item C: Staff Report Pg. 4  Packet Pg. 548 of 578  Transient Occupancy Tax (TOT) TOT revenues reached $17.3 million at the end of the 3rd quarter, a 5.3% increase over the prior fiscal year and representing 61.1% of the adjusted budget. Although TOT trends for the first half of the year were mixed, cumulative year-to-date results have normalized, and staff expect year-end to close above the adjusted budget levels. The 3rd quarter results represent 7.5 months of TOT receipts due to up to 1.5-month timing delay in receipts. As part of the FY 2025 Mid-Year Budget Review, the TOT budget was modestly increased by $0.5 million with a corresponding $0.2 million increase in the transfer to the Capital Fund for capital improvements. The revised total budget is $28.3 million, a 1.8% increase from the adopted budget, based on year-to-date performance. Of this amount, $14.5 million is anticipated to fund General Fund Expenses, while $13.8 million will be transferred to the Capital Improvement Fund to fund 2014 Council Infrastructure Plan capital projects and associated debt service costs. Staff continue to monitor trends and conservatively estimate TOT levels based on recent trends and the economic outlook. As of writing this report, receipts for the full third quarter are 4.5% higher than the same period in the prior fiscal year. Average occupancy is 76.6%, a 1.5% increase, while the average daily room rate is $246.0, a 3.3% increase. If current trends continue, receipts are likely to meet or potentially exceed the adjusted budget. However, due to the consumer sensitivity of this revenue source, staff maintains the adjusted budget as an achievable target. UUT revenues total $14.2 million at the end of the 3rd quarter, an 8.6% increase over the prior fiscal year and 65.9% of the FY 2025 adjusted budget. The increase between current year and prior year collections is primarily driven by utility rate increases. The FY2025 Adjusted Budget revenue was revised to $21.5 million, an increase of $1.5 million, or 7.2% as part of the Mid- Year Budget Review. However, actual receipts are now expected to be lower than this projection due to the incorrect adjustment made at mid-year. Cash receipts totaled $5.4 million, 63.3% of the FY 2025 Adjusted Budget and $1.2 million higher than prior fiscal year receipts for the same period. The number of transactions increased by 15.3% compared to the prior fiscal year’s 3rd quarter. The average median single residential home price, based on City’s property tax consultant HdL Coren & Cone, increased 20.2% to $4.2 million in the first calendar quarter of 2025 compared to the same quarter of the prior year. This revenue source is considered volatile since it is highly dependent on both the sales volume and the mix of commercial and residential sales. Due to strong performance year-to-date, the FY 2025 Mid-Year Budget Review revised the projected documentary tax revenue upward by $1.3 million to $8.5 million. Staff continues to monitor these receipts closely due to significant fluctuations that can occur at any time, depending on real estate sales activity. Item C Item C Staff Report        Item C: Staff Report Pg. 5  Packet Pg. 549 of 578  Business Tax Cash receipts totaled $2.7 million, 51.2% of the FY 2025 Adjusted Budget. The 3rd quarter results represent two quarters of business tax collections, due to a timing delay of up to one quarter in receipts. Businesses are required to file business tax quarterly, but it is due the first day of the following quarter and is delinquent 30 days later. The expectation is that the adjusted budget will be realized. The tax was effective in January 2023, with the rate through January 2025 being 50% or 3.75- cents per square foot per month. The full rate was assessed starting January 2025 at 7.5-cents per square foot per month. The tax has an annual cap of $0.5 million per business and both the rate and the cap are increased by 2.5% annually beginning FY 2027. While tax began January 1, 2023, the first due date is January 2024 for the calendar year of 2023. After the initial first payment, filings shall be submitted on a quarterly basis. This revenue category includes charges to Stanford for fire services, the paramedic services, as well as fees related to the City’s golf course, class program, plan check, and street cut fees. As of the 3rd quarter of FY 2025, the revenues totaled $24.8 million, down by $1.6 million or 6.0% compared to the same period in the prior fiscal year. The year-over-year decline is primarily due to a $2.5 million timing difference in billing for Stanford fire services, which were invoiced in April 2025 instead of during the 3rd quarter as in prior fiscal year. Additionally, paramedic fees decreased by $0.3 million, driven by lower transport volumes and a higher allowance for uncollectible accounts. These decreases were partially offset by revenue increases in other areas. Programs, classes, and admission fees increased by $0.7 million, mainly due to higher demand for camps, middle school athletics, youth specialty classes, and children’s theatre programs. Golf course fees are also higher by $0.4 million as a result of increased usage. At the FY 2025 Mid-Year review, the revenue budget was revised upward by $0.6 million from $38.5 million to $39.1 million. Staff expect that actual revenue for the year to achieve adjusted budget. Expense Highlights for FY 2025 3rd Quarter YTD The General Fund FY 2025 Adjusted Operating expenditures budget is $293.8 million (excluding Operating Transfers-out). As of the end of the 3rd quarter, $203.2 million has been spent, or 69.2% of the Adjusted Budget. This spending level is 12.9% higher than the same quarter in FY 2024, primarily due to increased salaries and benefits (related to timing of pension accrual accounting) and contract services. Table 2 highlights General Fund expenditures by department for the 3rd quarter of FY 2025, compared to the same period in the prior fiscal year. Year-to-date expenditures are presented as a percentage of the respective fiscal year’s Adjusted Budget. Item C Item C Staff Report        Item C: Staff Report Pg. 6  Packet Pg. 550 of 578  Table 2: General Fund Expenditures As of the end of March 2025, with three-quarters of the fiscal year complete, total expenditures represent 69.2% of the adjusted budget. This is higher than the 63.1% recorded at the same period in the prior fiscal year primarily due to pension accruals that will be reconciled at year- end and reduced vacancy levels. Overall General Fund projected expense for FY 2025 is anticipated to come within or under the adjusted budget. Given the organization’s service-driven nature, salaries and benefits comprise the largest portion of expenditures. Through the first nine months of FY 2025, salaries and benefits accounted for approximately 80.7% of the total adjusted budget in this category. This amount trends higher than three-quarters of the adjusted budget due to the above-mentioned pension accrual which will be reconciled in the fourth quarter. Projected salary and benefit costs are anticipated to come within or under the adjusted budget. General Fund expenditures for salaries and benefits totaled approximately $146.0 million through March 2025, compared to $125.0 million for the same period in FY 2024. Key contributors to this increase include: an increase in regular salaries ($5.6 million), overtime ($2.2 million), pension contribution ($6.8 million, discussed above), and other benefits ($2.7 million). In addition to salaries and benefits, the following departments experienced material variances. Departments not explained below such as Library and Administrative Services had increases primarily due to higher salaries and benefits. Community Services expenditures increased by $1.2 million, or 4.4%, compared to the same period in prior fiscal year, mainly due to a $1.6 million increase in salaries and benefits, and a $0.3 million increase in utility consumption costs. These increases were partially offset by a $0.7 million decrease in contract services, due to the timing of the Golf Management fee 3rd quarter payment, which was made in May 2025. E F F I %F %F % P 4$4$5$1 5$7 5$7 F 4 3 8 2 5 7 4 7 C 2 2 1 4 4 6 4 6 P 1 1 1 1 2 6 2 6 P 1 1 (-2 5 3 5 L 9 8 1 1 1 7 1 6 A 8 7 9 1 1 7 1 6 A 3 2 4 1 5 5 6 4 T 2$1$2$1 2$6 2$6 F ( 3 A Item C Item C Staff Report        Item C: Staff Report Pg. 7  Packet Pg. 551 of 578  Public Works expenditures increased by $1.9 million, or 12.0% compared to the same period in the prior fiscal year. This increase is primarily due to a $0.7 million increase in salaries and benefits, contract services, and utility costs. The increases in contract services are mainly due to higher janitorial service contact and consultant fees. The increase in janitorial service contract, effective December 2023, was due to higher new wage and benefits standards, and additional City facilities and service frequency at some facilities. These were partially offset by the reduction in tree trimming services. All Other Departments expenditures increased $4.1 million, or 15.0% compared to the same quarter in the prior fiscal year. The majority of this increase is due to the Non-Departmental, as well as all other departments such as Human Resources and City Manager primarily due to increases in salaries and benefits. Non-Departmental expenditures increased by $1.2 million, or 10.8 % compared to the previous fiscal year, driven by the following: •Contract Services-legal fees increased by $1.4 million due to the settlement of Green v. City of Palo Alto (Santa Clara Court Case No. 1-16-CV-300760)3. The increase was due to the final two payments toward the total legal fees of $4.3 million. Although the remaining balance of $2.7 million was originally scheduled to be paid over two years, the full amount was paid in FY 2025. •Contract Services-outside services increased $0.3 million mainly due to expenses related to the Registrar of Voters for the Presidential General Election in November 2024. •General Expenses – the remaining $6.6 million in customer refunds related to Green v. City of Palo Alto were scheduled to be paid over two years. These refunds were paid in full in March 2025, ahead of the original timeline. This accelerated payment schedule was implemented to complete the refunds sooner and reduce the administrative effort required to process. As a result, all remaining refunds to active gas customers were issued one year earlier than planned. The settlement terms allow for an accelerated payment schedule without penalty. In FY 2024 payment of first set of refunds issued to active class members and a lumpsum refund to inactive class members totaling $6.3 million resulting from the Green v. City of Palo Alto (Santa Clara Superior Court, Case No. 1-16-CV-300760) settlement3. Total customer refunds are $12.9 million to be paid over three years. 3 Green v City of Palo is a class action lawsuit filed against the City in October 2016 that challenged the City’s gas and electric rates under Proposition 26. The trial court rejected plaintiff’s challenges to the City electric rates but found that gas rates constituted unapproved taxes in violation of article XIII C of the California Constitutions. In December 2023, the court issued a final order approving the $17.3 million settlement which consists of a $12.9 million refund to class members, a $7,500 service award for the class representative, and $4.3 million in attorney’s fees for plaintiff’s counsel. Item C Item C Staff Report        Item C: Staff Report Pg. 8  Packet Pg. 552 of 578  Police and Fire the total combined expenditures for the Police and Fire Departments accounted for approximately 45.0% of total General Fund expenditures through the 3rd quarter of FY 2025. The table below provides a summary of salary and overtime expenditure for this period. A detailed analysis of net overtime costs for both departments is provided in Attachment B. Police overtime is primarily driven by staffing shortages due to unfilled positions, absences and fluctuating service demands, such as major accidents. As of the end of the 3rd quarter, the department had nine vacancies (seven officers and two dispatchers). Of the 78 authorized Palo Alto Peace Officers’ Association (PAPOA) positions, 71 are currently filled. However, 10 officers (14%) are in training, eight (11%) are on long-term leave, leaving 53 (74%) available for duty. Currently, 16 officers are assigned to specialized units: eight to investigations, three to traffic enforcement, two to personnel/training, two to special problems and one to the Psychiatric Emergency Response Team. This leaves 37 officers on patrol duties. These officers handle approximately 110 calls per day, conduct enforcement stops and engage in community outreach initiatives. The Department operates five patrol teams, each consisting of four to five members. As a result of these staffing challenges, the Department is trending above budget for total salary and overtime, but Staff is working to bring the Department expenditures within budget by the end of FY 2025. The Department’s net overtime cost is $1.8 million after deducting the reimbursements and salary savings due to vacancies. Analysis is included in Attachment B. E F F %F % I P $$1 $2 6 P 2 2 1 1 1 2 T 1 1 1 2 2 7 F 1 1 1 1 1 6 F 4 2 1 5 2 1 T 1 1 1 2 2 7 T S 3$3$1 4$4$7 F 7 7 8 7 7 2 7 3 A F % S F ( Item C Item C Staff Report        Item C: Staff Report Pg. 9  Packet Pg. 553 of 578  Fire overtime is mainly driven by the need to backfill vacancies to maintain the required staffing levels of 24 staffed positions daily to keep Fire Engines and Ambulances fully operational. These vacancies caused by unfilled positions, injury leave, probationary training, or scheduled time off must be covered by overtime. During the 3rd quarter of FY 2025, six positions were vacant, and six employees were on injury leave, driving higher overtime. Additionally, the Fire Department deployed staff on 12 strike teams during the fiscal year, including for the Palisades fire. The Mid-Year Budget Review recognized $0.4 million in revenue to cover the overtime costs associated with these deployments. Overtime costs also increased due to wage increases under the International Association of Fire Fighters (IAFF) agreement, which provided a 4% wage increase effective July 2024 followed by an additional 2% increase in January 2025. To address staffing needs, the Department hired 10 entry-level positions in the summer and sent them to the Fire Academy in October 2024. The academy lasts at least 20 weeks, and overtime is needed to cover daily staffing until the new hires are trained or authorized for assignments. These recruits were assigned in April 2025, with overtime for their backfill expected to decrease in the fourth (4th) quarter. As a result of reimbursement funding for Strike Teams, and the shift of salary savings within the Department to overtime as part of the Mid-Year Budget Review, overtime is tracking higher and exceeded adjusted budget. Overall, the Department is trending above the budget for total salary and overtime but Staff is working to bring the expenditures within budget by the end of FY 2025. The Department’s net overtime cost is $3.5 million after deducting the reimbursements and salary savings due to vacancies. Analysis is included in Attachment B. General Fund Budget Stabilization Reserve (BSR) Balance As a result of budget amendment actions taken in FY 2025, including the FY 2025 Midyear Budget Review,4 the Budget Stabilization Reserve (BSR) was $54.0 million at the end of 3rd quarter. This amount is $0.4 million below the City Council’s recommended target of $54.4 million, which represents 18.5% of the General Fund adopted operating expenditure. Per policy, the City maintains a BSR balance within a range of 15% to 20% of annual operating expenditures, with a target level of 18.5%. The FY 2026 Proposed Budget is projected to maintain the $54.0 million BSR balance at year end, which is 17.3% of expenditures and below the City Council’s recommended target level of 18.5% by $3.8 million. This BSR level is being sustained by using the Budget Uncertainty Reserve, which was specifically established to provide one-time bridge funding for community services and to help maintain reserve levels during periods of funding shortfall. 4 City Council Special Meeting, February 24, 2025, Agenda Item 9, Staff Report# 2412-3865 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=83263 Item C Item C Staff Report        Item C: Staff Report Pg. 10  Packet Pg. 554 of 578  The Council proactively set aside funds in the FY 2023 Mid-Year Budget Review and established a Budget Uncertainty Reserve to provide bridge funding for community services in subsequent years. The FY 2025 adopted budget included a remaining Budget Uncertainty Reserve of $6.1 million and Council allocated $5.9 million as part of the FY 2025 Mid-Year Budget Review to set aside a total of $12.0 million for future budget year planning. The FY 2026 proposed budget relied on the full $12.0 million from the Budget Uncertainty Reserve, eliminating the balance and removing this one-time resource to address future deficits forecasted in the Long-Range Financial Forecast (LRFF). Subsequent discussions with the Finance Committee and City Council have revised the recommended use of the Uncertainty Reserve in FY 2026. Work continues on development of the FY 2026 Budget, scheduled for Adoption on June 16, 2025. Enterprise Funds Table 4: Enterprise Funds Change in Net Position Water Fund increased by $4.6 million, or 153.7%, from the prior fiscal year, primarily due to higher retail revenues from customer sales and $1.2 million reduction in transfers to other funds. The increase in retail revenues was partially offset by higher commodity costs. Customer sales grew by $4.4 million, driven by a 9.5% overall rate increase effective July 1, 2024, and higher water consumption. Commodity costs are higher, as the wholesale commodity rate from I F F F (% W 7$3$4$1 E 4 2 1 7 F 1 1 (- G 8 4 4 1 W 2 7 2 2 W 2 1 (- R 1 3 (- S 1 1 0 0 A (2 (- T 6 5 1 3 F 3 ( Item C Item C Staff Report        Item C: Staff Report Pg. 11  Packet Pg. 555 of 578  San Francisco Public Utilities Commission (SFPUC) increased from $5.21 to $5.67 per cubic feet, reflecting an 8.8% increase. Electric Fund increased $17.9 million, or 73.1% compared to the prior fiscal year. This increase was primarily driven by higher operating revenues, partially offset by increased operating costs. Operating revenues increased by $22.4 million, mainly due to a $11.4 million increase in customer sales, attributed to rate adjustments depending on the type of customers and levels of consumption effective July 1, 2024, the addition of a new data center, and higher commercial consumption. In addition, other operating revenues increased by $10.6 million, mainly due to higher revenue from renewable energy credit (REC) sales and resource adequacy sales. Gas Fund increased by $4.3 million, or 101.7%, compared to the same period in the prior fiscal year, mainly due to higher customer retail revenue and lower commodity purchases. Customer retail revenue increased by $3.2 million mainly driven by a 12.5% gas rate increase effective July 1, 2024, partially offset by decreased consumption particularly from commercial users. Operating expenses decreased mainly due to lower commodity purchases due to lower commodity market prices and zero Renewable Energy Certificate (REC)purchases. These decreases were partially offset by higher salaries and benefits. Wastewater Collection Fund increased by $2.0 million, or 279.4% compared to the prior fiscal year, mainly due to higher operating revenue primarily from customer sales, partially offset by an increase in operating expenses. The customer sales increase resulted primarily from 15.0% overall rate increase for residential and commercial customers, effective July 1, 2024. The rate increase allows the highest priority sewer mains to be replaced while allowing the reserves to gradually replenish before the next major project. The increase in operating expenses was mainly due to increased share of wastewater treatment costs, due to rising operational and minor capital expenses. Item C Item C Staff Report        Item C: Staff Report Pg. 12  Packet Pg. 556 of 578  Wastewater Treatment Fund decreased by $7.4 million, or 72.8%, compared to the prior fiscal year. This decrease is primarily due to the timing of 4th quarter billing to partner agencies, which was processed in March during FY2024, as opposed to April, in the current fiscal year. If billing had occurred in FY2024 in the same period as this fiscal year, the Fund would have resulted in an increase of approximately $1.6 million, or 114.0% primarily due to increased revenue from the partner agencies partially offset by higher operating expenses. The increase in revenue from partner agencies is due to several factors, including higher operating and maintenance expenses, increased salary and benefit costs, elevated permitting fees, and rising contract costs. These expenses are recovered from partner agencies, including the Wastewater Collection Fund, either quarterly or annually in accordance with their respective agreement terms. The billing is based on the FY2025 adopted budget, the prior year’s sewage flow, and each partner’s share of existing debt service. Any over or underbilling resulting from differences between the adopted budget and actual expense is reconciled at year-end, with either an additional charge or credit applied accordingly. The increase in operating expenses was mainly due to higher salaries and benefits. Refuse Fund decreased $1.8 million, or 55.9%, primarily due to a $1.5 million increase in operating expenses driven mainly by higher salaries and benefits, as well as increase payments to GreenWaste of Palo Alto and GreenWaste Recovery resulting from payment timing and CPI adjustment. Airport Fund decreased by $3.4 million, or 140.6%, primarily due to the $2.1 million reduction in grants received from the Federal Aviation Administration following the completion of the Airport Apron Reconstruction project in FY 2024. Operating expenses also increased by $1.1 million driven by higher salaries and benefits, cost plan charges and deprecation expenses. FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW Item C Item C Staff Report        Item C: Staff Report Pg. 13  Packet Pg. 557 of 578  ATTACHMENTS rd Quarter Financial Report rd Quarter Public Safety Overtime Analysis APPROVED BY: Item C Item C Staff Report        Item C: Staff Report Pg. 14  Packet Pg. 558 of 578  BUDGET ACTUALS (as of 03/31/2025) Adopted Adjusted Pre % of Adj Budget Budget Encumbr Encumbr Actual Budget* Revenues & Other Sources Sales Tax 39,577 35,588 - - 20,611 57.9% Property Tax 68,623 68,319 - - 43,926 64.3% Transient Occupancy Tax 27,857 28,345 - - 17,309 61.1% Documentary Transfer Tax 7,260 8,550 - - 5,414 63.3% Utility Users Tax 19,943 21,489 - - 14,166 65.9% Business Tax 4,763 5,250 - - 2,689 51.2% Other Taxes and Fines 1,757 1,757 - - 594 33.8% Charges for Services 38,507 39,112 - - 24,837 63.5% Permits & Licenses 10,813 10,877 - - 6,689 61.5% Return on Investment 3,264 3,804 - - 2,573 67.6% Rental Income 16,367 16,367 - - 11,382 69.5% From Other Agencies 3,725 5,223 - - 3,024 57.9% Charges To Other Funds 15,096 15,096 - - 11,498 76.2% Other Revenues 781 1,011 - - 793 78.5% Total Revenues 258,333 260,788 - - 165,505 63.5% Operating Transfers-In 29,148 30,042 - - 22,531 75.0% Encumbrances and Reappropriation 16,093 33,469 - - - 0.0% Contribution from Development Services Reserves 682 682 - - - 0.0% Total Sources of Funds Expenditures & Other Uses City Attorney 5,023 5,576 - 1,026 3,410 79.6% City Auditor 990 1,908 204 1,073 588 97.8% City Clerk 1,443 1,540 0 155 1,005 75.3% City Council 512 551 0 105 315 76.2% City Manager 5,592 5,850 30 286 4,298 78.9% Administrative Services 11,967 12,267 12 334 8,723 73.9% Community Services 41,159 42,821 324 4,934 29,290 80.7% Fire 55,008 56,530 16 473 43,900 78.5% Human Resources 5,509 5,987 0 97 4,286 73.2% Library 12,528 13,144 73 497 9,701 78.1% Office of Emergency Services 1,728 2,111 - 218 1,235 68.8% Office of Transporation 4,304 4,935 126 698 3,335 84.3% Planning and Development Services 24,327 29,336 208 4,912 17,133 75.9% Police 55,812 56,497 4 693 45,946 82.6% Public Works 24,856 27,735 346 4,960 17,355 81.7% Non-Departmental 17,265 27,023 20 523 12,697 49.0% Total Expenditures Operating Transfers-Out 6,314 6,330 - - 4,735 74.8% Transfer to Infrastructure 32,526 36,735 - - 27,551 75.0% Total Use of Funds 306,861 336,876 1,362 20,984 235,501 76.5% Net Change to BSR Budget Amendments in the General Fund Authorized by Council thru 3/31/2025 Phase I of the Car Free Ramona Street Project (12/16/24)CMR#2410-3668 (166) FY25 Mid-year Budget Amendments (2/24/2025) CMR#2412-3865 (9,125) Total Budget Amendments Authorized by Council - (9,291) BSR Balance 63,331 54,040 BSR % of Adopted Total Use of Funds 20.6% 17.6% (in thousands) ATTACHMENT A CITY OF PALO ALTO GENERAL FUND THIRD QUARTER FINANCIAL REPORT Fiscal Year Ending June 30, 2025 Item C Attachment A - FY 2025 3rd Quarter Financial Report        Item C: Staff Report Pg. 15  Packet Pg. 559 of 578  Attachment C 2023 2024 2025 Q3 POLICE DEPARTMEN Overtime Expens Adopted Budget (A)$972,512 $1,028,988 $1,098,939 Modified Budget (B)972,512 1,028,988 1,098,939 Net Overtime Cost - see below 1,107,518 1,160,290 1,863,857 Variance to Budge (135,006) (131,303) (764,918) Overtime Net Cos Actual Expense $2,940,019 $3,467,691 $2,677,774 Less Reimbursements Other Program Reimbursements 878 259,747 - California OES/FEMA (Strike Teams) - - - Stanford Communications 124,868 99,161 85,354 Utilities Communications Reimbursement 64,599 56,429 53,108 Local Agencies (C)4,949 6,574 4,840 Police Service Fees 100,413 117,433 89,654 Total Reimbursements 295,707 539,345 232,956 Less Department Vacancies (A)1,536,794 1,768,057 580,962 Net Overtime Cost $1,107,518 $1,160,290 $1,863,857 Department Vacancies (number of days)4,876 5,419 1,655 Workers' Compensation Cases 23 21 10 Department Disabilities (number of days)739 381 529 FIRE DEPARTMEN Overtime Expens Adopted Budget (D)$2,124,054 $2,146,234 $2,721,066 Modified Budget (E)3,801,054 2,146,234 5,216,682 Net Overtime Cost - see below 1,740,750 1,734,841 3,470,695 Variance to Budge 2,060,304 411,393 1,745,987 Overtime Net CosActual Expense $3,589,198 $4,099,233 $4,449,462 Less Reimbursements California OES/FEMA (Strike Teams) 341,629 - 512,553 Fire Station 8 Fire Services 272,267 Total Reimbursements 341,629 - 784,820 Less Department Vacancies (D)1,506,819 2,364,392 193,947 Net Overtime Cost $1,740,750 $1,734,841 $3,470,695 Department Vacancies (number of days)4,105 5,297 2,588 Workers' Compensation Cases 32 8 8 Department Disabilities (number of days)484 274 230 NOTES: (A)The FY 2025 Police Department budget was increased by 1.0 Police Lieutenant. (B)Police Department adopted budget has not been adjusted in FY 2025. (C)Includes Animal Control Services contract with Los Altos and Los Altos Hills. (D)The FY 2025 Fire Department budget was increased by 3.0 Fire Fighters. (E)As part of the FY 2025 Mid-Year Review, City Council approved actions that will result in a Fire Department overtime budget of $5.1 million, including shifting $1.0 million of vacancy savings for overtime. Public Safety Department Overtime Analysis for Fiscal Years 2023 through 2025 Item C Attachment B - FY 2025 3rd Quarter Public Safety Overtime Analysis        Item C: Staff Report Pg. 16  Packet Pg. 560 of 578  City Council Staff Report From: City Manager Report Type: INFORMATION REPORTS Lead Department: Administrative Services Meeting Date: June 9, 2025 Report #:2503-4412 TITLE Print Shop Status Report - 18-Month Update; CEQA Status – Not a Project RECOMMENDATION This is an informational report and no action is required. BACKGROUND On November 13, 2023, Council approved to keep the Print Shop operations in house and maintain current service levels1. The recommendation also included providing Council with a status update within 18 months, which is the purpose of this report. The review in 2023 included a request for proposal (RFP) process that provided important information to inform the recommendation to keep print shop services in-house. The factors contributing to the recommendation included customer service, customer experience, personnel development, change management, timely delivery, and cost. Having an in-house print shop offers city departments personalized customer service and fast delivery of same day print jobs. While the inhouse print shop was not the least costly option reviewed in the RFP it offered the best turnaround times and customer experience at a reasonable cost that was considerably below the highest bid. Over the past year and a half, it has been shown that meeting customer needs for quick turn around and customer service overall has served the city well. At the same time certain changes are expected that will impact the future ongoing service provision of the print shop. Chief among these is the planned outsourcing of utility bill printing. This change will reduce the workload in the print shop by roughly 12% before the possibility of 1 Finance Committee, November 13, 2023 Recommendation to Maintain Current Service Delivery Model for Print and Mail Services https://cityofpaloalto.primegov.com/api/compilemeetingattachmenthistory/historyattachment/?historyId=c4209 b4b-60da-4bae-b477-32db6dfef76d Item D Item D Staff Report        Item D: Staff Report Pg. 1  Packet Pg. 561 of 578  increasing the workload with new opportunities after utility bill printing is fully outsourced. This is expected by late 2025. New opportunities may include keeping overflow jobs in-house rather than being sent out to vendors, and potentially expanded services such as printing posters, which would require financial investment in new machine(s). ANALYSIS Table #1 Printing Jobs Print Jobs by Department (6 Months Ending April 2025) Department # Jobs Planning 181 Children's Theatre 88 Public Works 74 Community Services 66 Development Services 30 City Manager's Office 27 Utilities 25 Art Center 22 Revenue Collections 22 Police 18 Item D Item D Staff Report        Item D: Staff Report Pg. 2  Packet Pg. 562 of 578  Table #1 Printing Jobs Print Jobs by Department (6 Months Ending April 2025) Department # Jobs Office of Transportation 16 Library 13 Mitchell Park Community Center 9 Customer Service 8 Office of Emergency Services 8 Animal Control 4 City Clerk's Office (does not include Council packets)4 Office of Sustainability 4 Human Resources 3 ASD 2 Junior Museum 2 Airport 1 Facilities 1 Total 628 Table #2 Printing and Mailing Jobs Work Performed (6 months ending April 2025) Type # Jobs Items Mailed 88,069 Utility Bills Mailed 120,204 Print Jobs - In House 653 Print Jobs Sent Out (external vendor)66 Council Packets 292 Staff plans to begin promoting the services the print shop can do in-house to City Staff. We will also investigate what jobs the departments are currently outsourcing and how we can bring them back in-house. This could open an opportunity to expand print shop services to other areas such as poster printing and envelopes, which require additional financial investments in equipment or machine(s). Item D Item D Staff Report        Item D: Staff Report Pg. 3  Packet Pg. 563 of 578  FISCAL/RESOURCE IMPACT This is an information report and does not have a fiscal impact. The Print Shop budget of approximately $1.7 million for the FY2025 Adopted Budget and FY 2026 Proposed Budget are summarized in table 3 below. Table #3 Printing and Mailing Expenses and Revenues FY 2025 Adopted FY 2026 Proposed Expenses /Expenditures $1,679,209 $1,660,237 Salary and Benefits $298,047 $268,155 Allocated Charges $364,962 $361,582 Contract Services $356,000 $366,800 General Expenses $252,900 $252,900 Rents and Leases $232,300 $235,800 Supplies and Materials $175,000 $175,000 Revenues / Funding Source $1,659,000 $1,543,440 Charges to Other Funds $1,654,000 $1,528,550 Operating Transfers-In $10,000 Return on Investments $5,100 $4,890 Print shop staff work closely with staff in city departments to receive and process print job requests. City staff have a new opportunity to provide feedback via a survey at the completion of print jobs. The responses received since the survey was implemented have been positive. Feedback has been received from the Community Services Department, Administrative Service Department, Development Center and the City Manager’s Office. This is item is not a project as defined by the California Environmental Quality Act (CEQA) because the report is for informational purposes only with no action required by the Council. None. : Lauren Lai, Administrative Services Director Item D Item D Staff Report        Item D: Staff Report Pg. 4  Packet Pg. 564 of 578  7 5 2 4 City Council Staff Report From: City Manager Report Type: ACTION ITEMS Lead Department: Planning and Development Services Meeting Date: June 9, 2025 Report #:2506-4802 TITLE LEGISLATIVE. Adoption of a Temporary, Emergency Ordinance Amending Title 18 and Title 21 to Reflect Changes in State Law in Accordance with Senate Bill 1123 and Related Direction to Staff Regarding Updates to the Land Use Element of the Comprehensive Plan. CEQA Status: Exempt Pursuant to Government Code Sections 65852.28 and 66499.41. RECOMMENDATION Staff recommends the City Council: 1. Adopt the attached ordinance (Attachment A) by a four-fifths majority (six affirmative votes), temporarily updating Title 18 and Title 21 of the Municipal Code in accordance with recent changes in State law. 2. Direct staff to update the Land Use Element of the Comprehensive Plan to more specifically differentiate single-family, low-, medium-, and high-density residential land use designations. EXECUTIVE SUMMARY This report recommends City Council adoption of a temporary, emergency ordinance amending Palo Alto Municipal Code Titles 18 and 21 to implement Senate Bill 1123, which takes effect on July 1, 2025. SB 1123 expands the Starter Home Revitalization Act to permit ministerial approval of small-scale residential subdivisions—up to 10 units—on qualifying vacant lots zoned for single-family use, subject to specific development standards and site criteria. The proposed ordinance updates local code to reflect these standards, including provisions for minimum lot sizes, setbacks, height limits, floor area ratios, and parking. It also establishes a minimum lot size for permitting accessory dwelling units (ADUs) on subdivided parcels, while preserving local discretion to apply objective design and development standards that remain consistent with State law. Item AA1 Item AA1 Staff Report        Item AA1: Staff Report Pg. 1  Packet Pg. 565 of 578  7 5 2 4 Staff further recommends that Council direct updates to the Land Use Element of the Comprehensive Plan to better differentiate between residential land use categories, in response to recent amendments to State Density Bonus Law that affect how base density is calculated. BACKGROUND ANALYSIS Item AA1 Item AA1 Staff Report        Item AA1: Staff Report Pg. 2  Packet Pg. 566 of 578  7 5 2 4 generally refers to State law rather than setting forth the nuances of the State regulations, except where the City is provided discretion. Generally, the State law applies to the following sites: •Sites zoned for Multi-family development and meeting the following criteria: o The lot is no larger than five acres and is substantially surrounded by qualified urban uses.1 •Sites zoned for Single-family development and meeting the following criteria: o The lot is no larger than 1.5 acres and is substantially surrounded by qualified urban uses; and o The lot is vacant.2 •Is located on Prime Farmland or Farmland of Statewide importance; •Contains wetlands; •Is located in a Very High Fire Hazard Severity Zone; •Is a hazardous waste site that is listed pursuant to Section 65962.5 (Cortese list), except in certain instances; •Is within a delineated earthquake fault zone; or •Is within a special flood hazard area subject to inundation by the one-percent annual chance flood (100-year flood), except in certain instances. •Parcel Size: o For sites zoned for multi-family development, the newly created parcels are no smaller than 600 square feet. [Already addressed in PAMC Chapter 21.11] o For sites zoned for single-family development the newly created parcels are no smaller than 1,200 square feet. •Height: For development on a site zoned single-family, the City may enforce a maximum height limit that is no less than that of the underlying zone district. •Setbacks: Minimum Setbacks shall be no more than four feet from the original side and rear lot lines except that no setback shall be required for an existing structure, In 1 Where substantially surrounded is defined in section 21072 of the public resources code and qualified urban use is defined in paragraph (2) of subdivision (a) of section 21159.25 of the public resources code 2 Where vacant is defined as set forth in California Government Code Section 66499.41 as having no permanent structure, unless the permanent structure is abandoned and uninhabitable and excluding other specific circumstances such as where any structure on the site is subject to deed restriction. Item AA1 Item AA1 Staff Report        Item AA1: Staff Report Pg. 3  Packet Pg. 567 of 578  7 5 2 4 addition, the setback between units shall be no greater than that required by the Building Code. •Floor Area Ratio: o For a housing development project consisting of three to seven units: no less than 1.0: 1 floor area ratio; o For a housing development project consisting of eight to ten units: no less than 1.25:1 floor area ratio. •Density: Minimum density is 20 du/ac, or two-thirds of the maximum density specified in the zoning code, whichever is greater. •Parking: Parking at no less than one space per unit unless there is a car share vehicle within one block of the parcel, or the parcel is located within one-half mile walking distance of either a high-quality transit corridor or a major transit stop, in which case no parking can be required. The City cannot mandate that the parking be a covered space. Within these parameters, the City is authorized to adopt objective development and design standards. Projects will be required to comply with these standards, so long as the standards do not physically prohibit a development built at a density of 30 du/ac. Thus, although SB 1123 generally permits more density that typically allowed, the City appears to retain control over design. In addition, SB 1123 allows the local jurisdiction to make a determination as to whether accessory dwellings units or junior accessory dwelling units would be permitted on lots subdivided in accordance with this provision. The law specifies that if the local jurisdiction chooses to allow for one or more (J)ADUs to be constructed, these units would not count toward the 10-unit limit, though they would count toward the minimum density requirement. The draft ordinance in Attachment A allows for up to one ADU or JADU on any resulting lot created through this code provision only if the lot size is 2,400 square feet or greater. This threshold was selected as a midway point between the 1,200 square foot lot size permitted by SB 1123 and the 6,000 square foot lot size that is standard in the R-1 district. However, Council in its discretion may choose a different threshold, may choose to allow up to three ADUs (one attached ADU, one detached ADU, and one JADU) to be constructed, or may choose to prohibit ADU/JADUs on resulting parcels altogether. Notably, although the law theoretically applies to lots up to 1.5 and 5 acres in size, if the Council chooses to prohibit ADUs/JADUs, an applicant would only be able to comply with both the 10-unit limit and a 20 du/ac minimum density requirement by utilizing a site of 0.5 acres or smaller. This, in turn, may lead applicants to look to other state laws, such as State Density Bonus Law, which could result in more waivers of development and design standards. Title 21 The draft ordinance in Attachment B also amends Title 21 of the PAMC to amend chapter 21.11, which implemented SB 684 in a minimal fashion. These amendments clarify the application process and indicate the development standards and general requirements that apply to Item AA1 Item AA1 Staff Report        Item AA1: Staff Report Pg. 4  Packet Pg. 568 of 578  7 5 2 4 subdivisions proposed under this State law. Adoption of the ordinance in this case will ensure that the fees that apply to staff level review of a subdivision map would also apply to this mapping process as the level of effort to review for compliance with the municipal code and subdivision map act is consistent regardless of whether the process is considered ministerial or discretionary. It also helps to clearly set forth the reduced timelines that apply. POLICY IMPLICATIONS Item AA1 Item AA1 Staff Report        Item AA1: Staff Report Pg. 5  Packet Pg. 569 of 578  7 5 2 4 If Council directs such amendments, staff resources may need to be reallocated from projects not directly related to State law compliance or Housing Element implementation. Other efforts, such as the bird-safe glass ordinance and stream corridor policies, would continue but may be scheduled behind this work based on available capacity. FISCAL/RESOURCE IMPACT There is no fiscal impact associated with this action. STAKEHOLDER ENGAGEMENT The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper at least ten days in advance of the public hearing. Notice of a public hearing for this project was published in the Daily Post on May 23, 2025, which is 10 days in advance of the meeting. As of the writing of this report, no public comments have been received on the draft ordinance. ENVIRONMENTAL REVIEW The adoption of this ordinance is not a project subject to the California Environmental Quality Act, under CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that adoption of the ordinance will not have a significant impact on the environment. ATTACHMENTS Attachment A: Draft Temporary Urgency Ordinance APPROVED BY: Jonathan Lait, Planning and Development Services Director Item AA1 Item AA1 Staff Report        Item AA1: Staff Report Pg. 6  Packet Pg. 570 of 578  *NOT YET APPROVED* 1 0160173_20250521_AY16 Ordinance No.___ Temporary Emergency Ordinance of the Council of the City of Palo Alto Amending Title 18 (Zoning) of the Palo Alto Municipal Code and Title 21 (Subdivisions and Other Divisions of Land) to Implement SB 684 and SB 1123 The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. On October 11, 2023, the Governor of the State of California signed Senate Bill (SB) 684, effective July 1, 2024. SB 684 requires a local agency to ministerially consider a parcel map or a tentative and final map, as well as a housing development project proposing a subdivision resulting in 10 or fewer residential units on lots meet certain minimum parcel size and density requirement, where the lot to be subdivided is zoned for multifamily residential development, as described in the bill. B. On September 19, 2024, the Governor signed SB 1123, effective July 1, 2025. SB 1123 expands SB 684 to allow the same provisions to apply to sites zoned single family and meeting other specific criteria. C. SB 684 and SB 1123 create a 60-day timeframe approval or denial of a subdivision application and housing development application under these regulations. D. SB 684 and SB 1123 authorize cities to adopt an ordinance to implement their provisions. E. There is insufficient time for consideration of and recommendation on the necessary amendments to Title 18 by the Planning and Transportation Commission (PTC) prior to action by the City Council. The Council therefore declares that a temporary ordinance, pursuant to Palo Alto Municipal Code (PAMC) Section 18.80.090 is an appropriate measure, pending consideration of a permanent ordinance by the PTC. F. The City Council declares that this emergency ordinance is necessary as an emergency measure to preserve the public, peace, health, or safety to provide guidance and clarity to applicants, staff, and the public regarding the process and standards that will apply for projects seeking to utilize SB 684 and SB 1123 and to ensure orderly and harmonious development thereunder. SECTION 2. Section 18.42.220 (Standards for Up to Ten Units Pursuant to Senate Bills 684 and 1123) of Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby added as follows: 18.42.220 Standards for Up to Ten Units Pursuant to Senate Bills 684 and 1123 (a) Purpose. Item AA1 Attachment A - Draft Temporary Urgency Ordinance        Item AA1: Staff Report Pg. 7  Packet Pg. 571 of 578  *NOT YET APPROVED* 2 0160173_20250521_AY16 This section sets forth regulations for housing development projects of up to ten units on a lot that is subdivided pursuant to Government Code Section 66499.41 and Palo Alto Municipal Code Chapter 21.11. This section implements Senate Bills 684 (2023) and 1123 (2024), as codified in Government Code Section 65852.28, 65913.4.5, and 66499.41. In the event of a conflict between the provisions of this section and the generally applicable regulations of the sites’ respective zone district, or the regulations contained in Chapters 18.52-18.80, inclusive, the more permissive provision shall prevail. (b) Applicability. This Section shall apply to parcels zoned for multi-family use and to vacant parcels zoned for single-family use that meet the criteria set forth in Government Code Section 65852.28. (c) Application Process. (1) The Director is authorized to promulgate regulations, forms, and/or checklists setting forth application requirements for the development of dwelling units under this section. (2) The City shall ministerially approve or disapprove an application pursuant to this section. (3) The Director of Planning shall consider and approve or deny an application for a proposed housing development pursuant to this section within 60 days from the date the city receives a completed application. If the director has not approved or denied the completed application within 60 days, the application shall be deemed approved. (4) If the director denies an application for a proposed housing development pursuant to this section, the director shall, within 60 days of receipt of the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application. (d) Development Standards. (1) A project proposing a small lot subdivision of up to 10 dwelling units on a parcel in any zone district pursuant to California Government Code Section 65852.28 shall be subject to the development standards set forth in the respective zone district, except as otherwise provided herein. (2) An applicant may request waiver of a development or design standard to the extent it physically precludes development at a density of 30 dwelling units per acre, except that maximum height may not be waived for a project proposed on a lot zoned single-family use. (3) The average total area for the proposed housing units shall not exceed 1,750 net habitable square feet, as defined in Government Code section 66499.41. (4) The height of the proposed structure shall not exceed the height of the underlying zone district. (5) Setbacks from side and rear property lines, including street-side property lines, shall be no less than four feet, except in the case of existing non-complying structures or structures reconstructed in the same location and to the same dimensions as an existing structure, in which case existing setbacks less than four feet may be maintained. No setback is required from an internal lot line newly created pursuant to Chapter 21.11, for adjacent or connected structures separated by the new lot line, provided that the structures meet building code safety standards. Item AA1 Attachment A - Draft Temporary Urgency Ordinance        Item AA1: Staff Report Pg. 8  Packet Pg. 572 of 578  *NOT YET APPROVED* 3 0160173_20250521_AY16 (6) At least one parking space shall be required per unit except that no parking shall be required when the parcel is located within: one-half mile walking distance of a high-quality transit corridor or a major transit stop; or one block of a fixed location car share vehicle. Provided parking shall meet the requirements set forth in 18.54 for parking design except that parking may be covered or uncovered. Parking for accessory or junior accessory dwelling units shall be provided in accordance with Chapter 18.09. (7) Development under this code shall comply with the objective design standards set forth in PAMC Chapter 18.24 or, for development not exceeding two stories, the applicant may elect to comply with the objective design standards adopted by the City Council for two-story development. (8) For a housing development project consistency of three to seven units, inclusive, the floor area ratio shall be no more than 1.0 (9) For a housing development project consisting of 8 to ten units, inclusive, the floor area ratio shall be no more than 1.25. (10) Up to one ADU or one JADU may be constructed on any resulting lot greater than or equal to 2,400 square feet in size. (11) The Director of Public Works may promulgate standards for adjacent public improvements, such as curb cuts and sidewalks, in relation to development pursuant to this section. (e) General Requirements. (1) A maximum of 10 units, excluding accessory and junior accessory dwelling units, may be constructed on no more than 10 parcels created by a small lot subdivision under 21.11. (2) Projects developing more than two units shall comply with the citywide affordable housing requirements as set forth in PAMC Section 16.65 (3) Each unit shall have a permanent street address. SECTION 3. Chapter 21.11 (Streamlined Subdivisions Resulting in Ten or Fewer Parcels) of Title 21 (Zoning) of the Palo Alto Municipal Code is hereby amended as follows (additions underlined and deletions struck-through): 21.11.010 Purpose. This chapter implements California Government Code Section 66499.41 by establishing regulations for the ministerial subdivision of a lot resulting in ten or fewer parcelsup to ten lots. 21.11.020 Applicability. This chapter applies only to proposed subdivisions that meet all of the requirements of California Government Code Section 66499.41. Depending on the number of parcels to be created, aA tentative map and final map or preliminary parcel map and parcel map shall be required for all subdivisions under this chapter., regardless of the number of parcels created. 21.11.030 Review. Qualifying tentative map applications shall be reviewed and processed ministerially in accordance with California Government Code Section 66499.41. Final maps and parcel maps shall be Item AA1 Attachment A - Draft Temporary Urgency Ordinance        Item AA1: Staff Report Pg. 9  Packet Pg. 573 of 578  *NOT YET APPROVED* 4 0160173_20250521_AY16 reviewed and processed in accordance with Chapter 21.16, except that a final map under this section may be approved by the City Engineer and Director of Planning and Development Services. 21.11.040 Objective Subdivision Standards. The Director of Planning and Development Services may adopt administrative regulations to create objective subdivision standards or clarify existing standards that apply to subdivisions under this section. 21.11.040 General Requirements. (a) The minimum size for a parcel created on a lot zoned for multi- family use is 600 square feet. (b) The minimum size for a parcel created on a vacant lot zoned for single-family use is 1,200 square feet. (c) Where existing dwelling units on the property are to remain, no lot line may be created under this Chapter in a manner that would bisect any structure or that would result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot. (e) Utility easements shall be shown on the parcel map, and recorded prior to, or concurrent with map recordation. (f) A covenant necessary for maintenance of stormwater treatment facilities shall be recorded prior to, or concurrent with map recordation. (g) Existing driveways to be demolished shall follow the procedure(s) in Section 12.08.090. (e) A maintenance agreement shall be recorded to ensure shared maintenance of any shared access easements, private streets, stormwater treatment, landscaping and private utilities, prior to map recordation. (f) Where Title 21 requires a private street as indicated in 21.20.240 based on the number of lots to be created, the private street shall meet the requirements set forth for private streets in this title. The area of the proposed private street easement shall be deducted from the lot area, as detailed in 18.04.030(85). 21.11.050 Accessory Dwelling Units Prohibited. Accessory dwelling units and junior accessory dwelling units shall not be permitted on lots created pursuant to this section. 21.11.050 Application and Review of Streamlined Subdivisions Resulting in Ten or Fewer Parcels. (a) The director of planning is authorized to promulgate regulations, forms, and/or checklists setting forth application requirements for a streamlined subdivision under this Chapter. (b) All maps must be prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code sections 66444 – 66450 and this Chapter. Unless more specific regulations are adopted by the director of planning, maps shall be in the form and include all of the information required of a Preliminary Parcel Map or Tenative Map by Chapter 21.12, as well as any additional information required of a Parcel or Final Map by Chapter 21.16. In addition, the face of the Parcel Map or Final Map shall contain a declaration that: Item AA1 Attachment A - Draft Temporary Urgency Ordinance        Item AA1: Staff Report Pg. 10  Packet Pg. 574 of 578  *NOT YET APPROVED* 5 0160173_20250521_AY16 (1) Each lot created by the map shall be used solely for residential dwellings. (2) One Accessory or Junior Accessory Dwelling Unit may be permitted only on lots greater than or equal to 2,400 square feet in size. (3) A lot created under this Chapter shall not be further subdivided. (c) Upon receipt of a application for a streamlined subdivision, the director of planning shall transmit copies to the city engineer, chief building official, director of utilities, chief of police, fire chief, director of transportation, and such other departments of the city, and any other agencies, as may be required by law or deemed appropriate. (d) The director of planning shall cause a notice of the pending application to be posted at the site of the proposed streamlined subdivision and for notice to be mailed to owners and residents of property within 600 feet of the property. (e) The director of planning shall ministerially review and approve a preliminary parcel map or tentative map application that meets all requirements of this Chapter. The director of planning shall deny an application that does not meet any requirement of this Chapter. (f) The director of planning shall consider and approve or deny an application for a streamlined subdivision within 60 days from the date the City receives a completed application. If the director has not approved or denied the completed application within 60 days, the application shall be deemed approved. (g) If the director denies an application for a streamlined subdivision, the director shall, within 60 days of receipt of the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application. (h) The Director of Planning shall determine the appropriate fee required for an application for streamlined subdivision, which may be the fee currently established for a Preliminary Parcel Map or Parcel Map. SECTION 4. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 5. The Council finds that the Ordinance is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant California Government Code Sections 65852.28 and 66499.41. // // // // Item AA1 Attachment A - Draft Temporary Urgency Ordinance        Item AA1: Staff Report Pg. 11  Packet Pg. 575 of 578  *NOT YET APPROVED* 6 0160173_20250521_AY16 // SECTION 6. This ordinance shall be effective immediately upon adoption by a four-fifths vote of the City Council and shall expire on June 2, 2026, unless extended by the City Council or superseded by replacement legislation. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney or Designee City Manager Director of Planning and Development Services Item AA1 Attachment A - Draft Temporary Urgency Ordinance        Item AA1: Staff Report Pg. 12  Packet Pg. 576 of 578  City Council Supplemental Report From: Jonathan Lait, Planning and Development Services Director Meeting Date: June 9, 2025 Item Number: AA1 Report #:2506-4784 TITLE LEGISLATIVE. Adoption of a Temporary, Emergency Ordinance Amending Title 18 and Title 21 to Reflect Changes in State Law in Accordance with Senate Bill 1123 and Related Direction to Staff Regarding Updates to the Land Use Element of the Comprehensive Plan. CEQA Status: Exempt Pursuant to Government Code Sections 65852.28 and 66499.41. RECOMMENDATION Staff recommends the City Council: 1. Adopt the attached ordinance (Attachment A) by a four-fifths majority (six affirmative votes), temporarily updating Title 18 and Title 21 of the Municipal Code in accordance with recent changes in State law. 2. Direct staff to update the Land Use Element of the Comprehensive Plan to more specifically differentiate single-family, low-, medium-, and high-density residential land use designations. BACKGROUND Staff are providing this supplemental report to provide: (a) additional context regarding the prospective applicant under SB 1123 and potential implications of the proposed ordinance on that project; and (b) additional information on procedures regarding a temporary emergency ordinance. Potential Impacts of Allowing or Disallowing (J)ADUs in SB 1123 Projects As previously noted, staff have been in contact with a prospective applicant about a project utilizing SB 1123. The proposed site is just over one acre in the RE (Residential Estate) district at 4103 Old Trace Road. Because the state law requires a minimum density of 20 dwelling unit per acre, projects on sites of this size may only be feasible if the City Council permits at least one minimum (J)ADU per lot as part of the proposed ordinance. This property is one of approximately 20 vacant parcels in Palo Alto zoned for single-family use that staff believe could qualify for SB 1123. Item AA1 Item AA1 Supplemental Report        Item AA1: Staff Report Pg. 13  Packet Pg. 577 of 578  If the Council permits (J)ADUs in an SB 1123 ordinance, the prospective applicant has indicated that it will likely pursue an SB 1123 project with 10 primary units and 10 (J)ADUs due to the benefits of the streamlined, ministerial process. It is not clear whether the project would propose JADUs, attached ADUs, or detached ADUs, which would each have different implications for size and massing on the site. The Council may wish to specify what types of (J)ADU would be permitted as part of the ordinance. For example, if the Council allowed only JADUs, this would create more units while minimizing the impact in terms of size and number of structures. If the Council determines not to permit any (J)ADUs under SB 1123, the project will not be able to proceed under SB 1123. In that event, the prospective applicant has indicated that they will likely pursue a project with 8 primary units on the site by utilizing State Density Bonus Law (SDBL). After the project is completed, future owners would be able to construct multiple ADUs pursuant to state ADU law and the City’s ADU ordinance. In addition, unlike a project under SB 1123, a project utilizing SDBL would not be constrained by the City’s design or development standards (including height, setbacks, and FAR), due to the ability to request waivers. In summary, the Council’s decision on whether to permit (J)ADUs in the SB 1123 ordinance will have implications for both: (a) what is permitted for approximately 20 vacant single-family parcels in Palo Alto that may be eligible to utilize SB 1123; and (b) a prospective project at 4103 Old Trace Road, which will either proceed as a SDBL project (with 8 primary units and possible additional (J)ADUs to be added later) or, if the Council permits ADUs, an SB 1123 project (with 10 primary units and 10 (J)ADUs). Procedures Regarding Temporary Emergency Ordinances An emergency ordinance, which is adopted with six affirmative votes, is effective immediately upon adoption at the first reading. (In contrast, a regular ordinance is effective 30 days after a second reading.) The Palo Alto Municipal Code generally requires Planning Commission review of ordinances amending local zoning codes. Under the Code, however, a temporary ordinance may be adopted in advance of Planning Commission review. SB 1123 becomes available to project applicants on July 1, 2025. To be effective, local standards implementing SB 1123 must be effective before that date. If the Council does not adopt a temporary emergency ordinance in June, SB 1123 will be available to project applicants without local standards, such as design standards and potential restrictions on (J)ADUs. In the absence of an ordinance, SB 1123 projects would be permitted to construct (J)ADUs in accordance with state law and the Zoning Code (1 detached ADU, 1 attached ADU, and 1 JADU per lot). : Jonathan Lait, Planning and Development Services Director Item AA1 Item AA1 Supplemental Report        Item AA1: Staff Report Pg. 14  Packet Pg. 578 of 578