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2014-10-27 City Council Agenda Packet
CITY OF PALO ALTO CITY COUNCIL October 27, 2014 Special Meeting Council Chambers 6:00 PM Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in the Council Chambers on the Thursday preceding the meeting. 1 October 27, 2014 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. PUBLIC COMMENT Members of the public may speak to agendized items; up to three minutes per speaker, to be determined by the presiding officer. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council, but it is very helpful. TIME ESTIMATES Time estimates are provided as part of the Council's effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public. To ensure participation in a particular item, we suggest arriving at the beginning of the meeting and remaining until the item is called. HEARINGS REQUIRED BY LAW Applications and/or appellants may have up to ten minutes at the outset of the public discussion to make their remarks and up to three minutes for concluding remarks after other members of the public have spoken. Call to Order Closed Session 6:00-7:00 PM Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker. 1. CONFERENCE WITH CITY ATTORNEY- EXISTING LITIGATION Subject: Sterling Park, et al. v. City of Palo Alto, Santa Clara County Superior Court, Case No. 109-CV-154134 Subject Authority: Government Code Section 54956.9(d)(1) Agenda Changes, Additions and Deletions City Manager Comments 7:00-7:10 PM Oral Communications 7:10-7:25 PM Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes. 2 October 27, 2014 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Consent Calendar 7:25-7:30 PM Items will be voted on in one motion unless removed from the calendar by three Council Members. 2. Approval of a Two-Year Contract with Flint Strategies For a Communications and Outreach Contract to Support the Our Palo Alto Initiative and the Planning and Community Environment Department at a Cost Not to Exceed $175,000 3. Adoption of A Resolution Amending Utilities Rules and Regulations 15 (Metering), 21 (Special Water Utility Regulations), 22 (Special Gas Utility Regulations), and 23 (Special Wastewater Utility Regulations) 4. Approval of Contract with Graham Contractors, Inc. in the Amount of $445,586 for Palo Alto Airport Runway and Taxiway Rehabilitation Project AP-15003; Approval of Contract for a Five Year Term with Mead & Hunt in the Amount Not to Exceed $250,000 for On-Call Consulting Services; Approval of Contract for a Five Year Term with C&S Engineers, Inc. for On-Call Consulting Services in the Amount Not to Exceed $250,000; Adoption of a Budget Amendment Ordinance to Adopt and Fund Capital Improvement Program Project AP-15003 in the Amount of $540,000 and to Defund and Close Capital Improvement Program Project AP-15001 Temporary Airport Terminal Resulting in Savings of $180,000; and Allocate Funds in the Amount of $40,000 to the Airport Enterprise Fund Operating Budget to Fund the Cost of Repairs to Palo Alto Airport Terminal 5. Approval of Budget Ordinance Amendment for $200,000 in Financial Contribution to the Housing Trust Silicon Valley 6. Approval of Mutual Cooperation and Support Agreement Between the City of Palo Alto and Youth Community Services (YCS) for Youth and Teen programs in Partnership with the Community Services Department 7. Approval of Council Appointed Officer Committee Recommendation to Appoint Beth Minor as Acting City Clerk Action Items Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters. 7:30-9:30 PM 8. Palo Alto Shuttle Program Expansion - Presentation of Phase 2 Alternatives 3 October 27, 2014 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. 9:30-9:40 PM 9. Council Direction on Selection of Voting Delegate for the National League of Cities Annual Business Meeting on Saturday, November 22, 2014 9:40-9:50 PM 10. Cubberley Community Center Lease Status and Update Inter-Governmental Legislative Affairs Council Member Questions, Comments and Announcements 9:50-10:00 PM Members of the public may not speak to the item(s) Closed Session 10:00-10:45 PM 11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, CALIFORNIA GOVERNMENT CODE SECTION 54956.8 Properties: Cubberley Community Center, 4000 Middlefield Road, Palo Alto 94306 (including 8 acres owned by the City of Palo Alto and remaining acres owned by the Palo Alto Unified School District); and Ventura School site, 3990 Ventura Court, Palo Alto 94306 Agency Negotiators: James Keene, Lalo Perez, Joe Saccio, Hamid Ghaemmaghami, Greg Betts, Rob De Geus, Thomas Fehrenbach, Molly Stump Negotiating Parties: City of Palo Alto and Palo Alto Unified School District Under Negotiation: Lease and/or Purchase/Sale* *Purchase/sale is listed to comply with Brown Act legal requirements, and includes other transactions such as easements, options, rights of first refusal and land exchanges. The City is not considering selling any of its interests in Cubberley or Ventura. Adjournment AMERICANS WITH DISABILITY ACT (ADA) Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329-2550 (Voice) 24 hours in advance. 4 October 27, 2014 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Additional Information Supplemental Information Standing Committee Meetings Council Appointed Officers Committee October 30, 2014 Schedule of Meetings Schedule of Meetings Tentative Agenda Tentative Agenda Informational Report City of Palo Alto Investment Activity Report for the First Quarter, Fiscal Year 2015 Public Letters to Council SET 1 SET 2 City of Palo Alto (ID # 5123) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/27/2014 City of Palo Alto Page 1 Summary Title: Our Palo Alto Communications and Outreach contract Title: Approval of a Two-Year Contract with Flint Strategies For a Communications and Outreach Contract to Support the Our Palo Alto Initiative and the Planning and Community Environment Department at a Cost Not to Exceed $175,000 From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that the City Council approve and authorize the City Manager or his designee to execute contract C15154961 with Flint Strategies in an amount not to exceed $175,000 for a two-year period to provide consulting services for communication and outreach support for the Our Palo Alto initiative and the Department of Planning & Community Environment. Executive Summary This two-year contract is intended to support the Our Palo Alto initiative and improve communication between the Department of Planning & Community Environment (PCE) and members of our community. The Our Palo Alto initiative envisions community dialogue around important ideas and projects (actions), as well as larger planning efforts like the Comprehensive Plan Update. The selected consultant will support this initiative by assisting staff with event coordination and community engagement using a variety of techniques. Recognizing that the Our Palo Alto initiative will only have lasting benefits if it increases staff’s capacity to engage with members of the community, the selected consultant will also work with staff of PCE to improve public noticing and the department’s regular e-newsletter and website, expand the department’s use of open data and 21st century communication tools, and grow staff expertise regarding in- person and on-line communication. On June 16, 2014 (Staff Report 4899), the City Council adopted the Fiscal Year 2015 Operating Budget, including one-time funding of $175,000 in the Planning and Community Environment Department’s Fiscal Year 2015 Operating Budget for Our Palo Alto communications and City of Palo Alto Page 2 outreach consulting. Background & Summary of Key Issues On February 3, 2014 (Staff Report 4353), the City Council approved the conceptual framework for Our Palo Alto. Our Palo Alto is intended to engage the community in a community conversation about ideas, actions, and a design for the future. Earlier this year, the City held a number of community events and conversations focused on topics such as Palo Alto’s demographics, housing affordability, growth management strategies, alternative futures, and more. Each event has been supported through multiple community outreach and communication channels including social media, online civic engagement tools and e- newsletter updates. The City requires professional services to assist and continue to build on these efforts. As noted above, the Our Palo Alto initiative will result in sustained engagement and participation in planning efforts if it increases the capacity of the City’s Department of Planning & Community Environment (PCE) to share information, invite comments, and listen and act on community input. The selected contractor will work the City’s Communication Officer and PCE to build staff expertise, develop communication strategies that share data and information as a routine part of the Department’s work, and prepare outreach materials specific to the Department’s programs. Staff issued a Request for Proposals (RFP) on June 24, 2014 seeking proposals from professionals with experience and expertise related to communications and community engagement. The RFP requested that proposals include demonstrable experience with social media, public noticing, proactive engagement, and working collaboratively to anticipate high profile issues. Five proposals were received and evaluated. The three proposals with the highest scores were invited to participate in panel interview. Each firm presented information about their experience and then addressed panel questions. Based on the interviews and the original proposals, final evaluations were completed and Flint Strategies received the highest score. Resource Impact The contract will be for two years in an amount not to exceed $175,000. The Fiscal Year 2015 Operating Budget included a one-time appropriation of $175,000 for this purpose. No additional funding is needed. Attachments: Attachment A: Contract with Flint Strategies (PDF) Professional Services Rev. Feb. 2014 1 CITY OF PALO ALTO CONTRACT NO. C15154961 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND FLINT STRATEGIES FOR PROFESSIONAL SERVICES This Agreement is entered into on this 28th day of October, 2014, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and FLINT STRATEGIES, a California corporation, located at 533 Grove Street, Half moon Bay, CA. 94019, Telephone (650)455-1201 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to implement a communications strategy (“Project”) and desires to engage a consultant to provide services in connection with the Project (“Services”). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through October 27, 2016 unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of DocuSign Envelope ID: BA94C87D-9DE1-42A2-89C3-85BEBB1C6822 ATTACHMENT A Professional Services Rev. Feb. 2014 2 CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed One Hundred Seventy Five Thousand Dollars ($175,000.00). The applicable rates and schedule of payment are set out in Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit “A”. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C- 1”). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, 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 of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep 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. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY DocuSign Envelope ID: BA94C87D-9DE1-42A2-89C3-85BEBB1C6822 Professional Services Rev. Feb. 2014 3 gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) of the CITY’s stated construction budget, CONSULTANT shall make recommendations to the CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Kendall Flint as the Principal & Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. The City’s project manager is Claudia Keith, City Manager’s Office, 250 Hamilton Avenue, Palo Alto, CA 94303, Telephone (650) 329-2607. The project manager will be CONSULTANT’s DocuSign Envelope ID: BA94C87D-9DE1-42A2-89C3-85BEBB1C6822 Professional Services Rev. Feb. 2014 4 point of contact with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. DocuSign Envelope ID: BA94C87D-9DE1-42A2-89C3-85BEBB1C6822 Professional Services Rev. Feb. 2014 5 SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s 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 Purchasing Manager during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total 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. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the DocuSign Envelope ID: BA94C87D-9DE1-42A2-89C3-85BEBB1C6822 Professional Services Rev. Feb. 2014 6 City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will 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. DocuSign Envelope ID: BA94C87D-9DE1-42A2-89C3-85BEBB1C6822 Professional Services Rev. Feb. 2014 7 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the City’s Environmentally Preferred Purchasing policies which are available at the City’s Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of the City’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, Consultant shall comply with the following zero waste requirements: x All printed materials provided by Consultant to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by the City’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post- consumer material and printed with vegetable based inks. x Goods purchased by Consultant on behalf of the City shall be purchased in accordance with the City’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office. x Reusable/returnable pallets shall be taken back by the Consultant, at no additional cost to the City, for reuse or recycling. Consultant shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 25. MISCELLANEOUS PROVISIONS. DocuSign Envelope ID: BA94C87D-9DE1-42A2-89C3-85BEBB1C6822 Professional Services Rev. Feb. 2014 8 25.1. This Agreement will be governed by the laws of the State of California. 25.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 25.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties. 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, City shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 25.9 All unchecked boxes do not apply to this agreement. 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 25.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement IN WITNESS WHEREOF, the parties hereto have by their duly authorized DocuSign Envelope ID: BA94C87D-9DE1-42A2-89C3-85BEBB1C6822 Professional Services Rev. Feb. 2014 9 representatives executed this Agreement on the date first above written. CITY OF PALO ALTO APPROVED AS TO FORM: FLINT STRATEGIES Attachments: EXHIBIT “A”: SCOPE OF WORK EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS DocuSign Envelope ID: BA94C87D-9DE1-42A2-89C3-85BEBB1C6822 Professional Services Rev. Feb. 2014 10 EXHIBIT “A” SCOPE OF SERVICES Introduction In April 2014, the City of Palo Alto (CITY) officially launched Our Palo Alto, a civic engagement and community outreach effort focused on creating opportunities for conversations about issues and ideas – beyond City Hall. CITY has helped to facilitate workshops, community meetings, a speaker series, online conversations via social media, and even a coffee chat. All of these activities and conversations have generated ideas, connections, solutions and a lot of community interaction and engagement. Our Palo Alto is also meant to engage the broader community in the discussion around the update to CITY’s comprehensive plan. Related to this effort, CITY has held a number of community events and conversations focused on topics including Palo Alto’s future demographics, housing affordability, growth management strategies, alternative futures and more. In addition to in person attendance, each event has been supported through multiple community outreach and communication channels including social media, online civic engagement tools and enewsletter updates. The totality of these efforts has been enhanced and increased community feedback, input and participation, and the CITY requires professional services of the CONSULTANT to assist and continue to build on these efforts. In the long term, Our Palo Alto will result in sustained engagement and participation in planning efforts if it increases the capacity of the City’s Department of Planning and Community Environment to share information, invite comments, and listen and act on community input. As a result, the CONSULTANT will work directly with the Planning and Community Environment Department to build staff expertise, develop communication strategies that share data and information as a routine part of the Department’s work, and prepare outreach materials specific to their programs and projects. Project Scope CONSULTANT will work with CITY to provide high quality and effective communications related to the activities of the Planning and Community Environment Department (PCE) and Our Palo Alto. CONSULTANT will work with CITY to support and enhance its community outreach related to the update of the Comprehensive Plan to broaden and deepen civic engagement in the process. CONSULTANT shall be onsite, as required. CITY and CONSULTANT will agree on tasks prior to proceeding. Upon direction, tasks may include, but not be limited to the following: 1. Working closely with City staff in the Planning and Community Environment Department and the Chief Communications Officer, review existing communications DocuSign Envelope ID: BA94C87D-9DE1-42A2-89C3-85BEBB1C6822 Professional Services Rev. Feb. 2014 11 plans and materials used by the department and develop and implement a communications strategy to improve all forms of current communication, exploring new types of communication available to CITY. 2. Attend committee meetings, organization meetings, community meetings, community events, breakfasts, luncheons, or dinners. CONSULTANT attendance will be to listen, answer questions, and provide information about the CITY’s activities. This may include working on evenings and weekends. 3. Respond to information requests from the general public. 4. Prepare written information such as fact sheets, e-newsletters, web pages, news stories, notices, and surveys. 5. Develop or assist in the development of educational materials and briefing documents on current issues to ensure the quality and consistency of information provided to the public. This may include distilling complex and technical information into easily readable and understandable copy and preparing press releases and notifications related to CITY meetings and projects. 6. Work with and support CITY staff to implement and institutionalize improved and consistent communications and outreach throughout the department. 7. Maintain and update an outreach binder with contact and background information about each community meeting attended. CONSULTANT will draft brief reports highlighting issues/questions discussed at each meeting. DocuSign Envelope ID: BA94C87D-9DE1-42A2-89C3-85BEBB1C6822 Professional Services Rev. Feb. 2014 12 EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone by the date 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 Completion No. of Days/Weeks From NTP 1. Tasks as specified in EXHIBIT “A” TBD DocuSign Envelope ID: BA94C87D-9DE1-42A2-89C3-85BEBB1C6822 Professional Services Rev. Feb. 2014 13 EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement based on the hourly rate schedule attached as Exhibit C-1. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit “A” (“Services”) and reimbursable expenses shall not exceed $175,000.00. CONSULTANT agrees to complete all Services, including reimbursable expenses, within this amount. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $100.00 shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expenses, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. DocuSign Envelope ID: BA94C87D-9DE1-42A2-89C3-85BEBB1C6822 Professional Services Rev Feb. 2014 14 EXHIBIT “C-1” HOURLY RATE SCHEDULE Kendall Flint, Principal $140 per hour Steve Flint, Senior Planner $125 per hour Graphic Services $75 per hour Administrative Support $45 per hour DocuSign Envelope ID: BA94C87D-9DE1-42A2-89C3-85BEBB1C6822 Professional Services Rev Feb. 2014 15 EXHIBIT “D” INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES 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, BELOW: REQUIRE D TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY 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: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS 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 PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY DocuSign Envelope ID: BA94C87D-9DE1-42A2-89C3-85BEBB1C6822 Professional Services Rev Feb. 2014 16 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. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 DocuSign Envelope ID: BA94C87D-9DE1-42A2-89C3-85BEBB1C6822 Certificate of Completion Envelope Number: BA94C87D9DE142A289C385BEBB1C6822 Status: Completed Subject: Please DocuSign this document: C15154961 Community Outreach Contract.pdf Source Envelope: Document Pages: 16 Signatures: 1 Envelope Originator: Certificate Pages: 4 Initials: 0 Chris Anastole AutoNav: Enabled EnvelopeId Stamping: Enabled 250 Hamilton Ave Palo Alto , CA 94301 chris.anastole@cityofpaloalto.org IP Address: 199.33.32.254 Record Tracking Status: Original 10/6/2014 2:34:25 PM PT Holder: Chris Anastole chris.anastole@cityofpaloalto.org Location: DocuSign Signer Events Signature Timestamp Kendall Flint kendall@flintstrategies.com Principal Security Level: Email, Account Authentication (None)Using IP Address: 166.137.95.238 Sent: 10/6/2014 2:37:20 PM PT Viewed: 10/7/2014 6:04:28 AM PT Signed: 10/10/2014 5:24:52 AM PT Electronic Record and Signature Disclosure: Accepted: 10/10/2014 5:23:52 AM PT ID: c9d33c94-0725-4cba-aa14-add983225e73 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Robin Ellner robin.ellner@cityofpaloalto.org Security Level: Email, Account Authentication (None) Sent: 10/10/2014 5:24:54 AM PT Viewed: 10/14/2014 7:57:51 AM PT Electronic Record and Signature Disclosure: Not Offered ID: Notary Events Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/10/2014 5:24:54 AM PT Certified Delivered Security Checked 10/10/2014 5:24:54 AM PT Signing Complete Security Checked 10/10/2014 5:24:54 AM PT Completed Security Checked 10/10/2014 5:24:54 AM PT Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, City of Palo Alto (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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City of Palo Alto (ID # 3882) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/27/2014 City of Palo Alto Page 1 Summary Title: Amend Utilities Rules & Regulations 15, 21, 22 & 23 Title: Adoption of A Resolution Amending Utilities Rules and Regulations 15 (Metering), 21 (Special Water Utility Regulations), 22 (Special Gas Utility Regulations), and 23 (Special Wastewater Utility Regulations) From: City Manager Lead Department: Utilities Recommendation Staff recommends that Council adopt the attached resolution amending Utilities Rules and Regulations 15 (Metering), 21 (Special Water Utility Regulations), 22 (Special Gas Utility Regulations), and 23 (Special Wastewater Utility Regulations). Executive Summary The attached amendments to the Utilities Rules and Regulations clarify responsibility for ownership and maintenance of various facilities required to provide utility service, establish set construction project values which trigger upgrades to existing water and wastewater facilities, and make these regulations simpler to implement and clearer for customers and staff. Background Rule and Regulation 15 establishes the requirements for metering, including ownership and responsibility of gas, water, and electric metering equipment; installing, sealing, and testing of meters; and master metering. Rules and Regulations 21, 22, and 23 establish special requirements for the water, gas, and wastewater utilities, which include requirements for automatic fire service, fire hydrants, maintenance of gas service pipes, customer responsibility for wastewater laterals, and other requirements specific to each utility. The amendments to the Rules and Regulations were largely designed to clarify responsibility for ownership and maintenance of various facilities required to provide utility service. The amended Rules should make the building permit application and construction process easier to navigate for developers, contractors and property owners. City of Palo Alto Page 2 Discussion The attached amendments to Utilities Rules and Regulations 15, 21, 22, and 23 cover the subjects described below. Where appropriate, language was edited for clarity as well. All proposed changes are shown in redline form: Rule and Regulation 15 (Metering) The proposed amendments clarify the location of utility meters, situations in which easements are required, consequences of meter tampering and sizing of water and gas meters. Rule and Regulation 21 (Special Water Utility Regulations) The proposed amendments clarify when Fire Hydrant Meter Permits are required, and inform customers that backflow prevention assemblies must be tested annually, rather than just serviced annually. The proposed changes also set the threshold value of property construction or remodeling that triggers a water service replacement on certain residential and commercial construction projects. Under current Rule and Regulation 21(I)(2), customers are required to upgrade the water service to current standard size and/or material when the value of the construction project is greater than 50% of the current market value of the existing structure on the lot, based on Federal Emergency Management Agency (FEMA) flood plain methodology. FEMA methodology calculations include estimating the structure’s replacement cost minus a depreciation percentage based on age and condition, and other sources, such as independent appraisal, adjusted assessment property value, and qualified staff estimates based on sound professional judgment. In many cases the calculated current market value of a structure causes customers and developers to dispute the building’s value, requiring a significant amount of staff time to resolve. The proposed change will require water services to be replaced up to current standards when the construction or remodeling permit valuation is greater than a fixed amount: either $100,000 for residential projects or $300,000 for commercial projects. This change should limit disputes over the valuation of the property and streamline the permitting process. Rule and Regulation 22 (Special Gas Utility Regulations) The proposed amendments identify when gas meter rooms may be required in multiple- occupancy buildings. Rule and Regulation 23 (Special Wastewater Utility Regulations) The proposed amendments clarify responsibility for the upper lateral, especially in situations in which there is no cleanout at the property line, planting strip or sidewalk, and describe situations in which the City will install new cleanouts for property owners free of charge. The basic premise, that in most cases the City is responsible for laterals from the main to the City cleanout, and the property owner is responsible for laterals from the private building up to and including the connection to the City cleanout, remains unchanged. The proposed changes also describe in more detail the responsibilities for lateral and cleanout maintenance and repair, and City of Palo Alto Page 3 simplify the requirement for when the owner needs to upgrade the wastewater lateral as a result of a construction project. Under current Rule and Regulation 23(C)(3)(b), customers are required to upgrade the wastewater lateral to current standard size and/or material when the value of the construction project is greater than 50% of the current market value of existing structure on the lot based on Federal Emergency Management Agency (FEMA) flood plain methodology, as described above for Rule 21. In many cases the calculated current market value of a structure causes the customers to dispute the calculated value requiring significant amount of staff time to resolve. The proposed change will require the services to be replaced when the construction value exceeds a fixed amount: either $100,000 for residential projects or $300,000 for commercial projects. This change should limit disputes over the valuation of the property and streamline the permitting process. Resource Impact There are no resource impacts to the city as a result of these language changes. Policy Implications These recommendations do not represent a change in current city policies. Environmental Review These changes to the rules and regulations do not meet the California Environmental Air Quality Act’s definition of a project under Public Resources Code Sec. 21065; therefore, no environmental assessment is required. Attachments: Attachment A: Resolution for RR 15_21_22_23 effective 12_29_2014 (PDF) Attachment B: Rule 15 effective 12_29_2014 (PDF) Attachment C: Redline Rule 15 effective 12_29_2014 (PDF) Attachment D: Rule 21 effective 12_29_2014 (PDF) Attachment E: Redline Rule 21 effective 12_29_2014 (PDF) Attachment F: Rule 22 effective 12_29_2014 (PDF) Attachment G: Redline Rule 22 effective 12_29_2014 (PDF) Attachment H: Rule 23 effective 12_29_2014 (PDF) Attachment I: Redline Rule 23 effective 12_29_2014 (PDF) ATTACHMENT A RESOLUTION NO. ___________ Resolution of the Council of the City of Palo Alto Amending City of Palo Alto Utility Rules and Regulations 15 (Metering), 21 (Special Water Utility Regulations), 22 (Special Gas Utility Regulations) and 23 (Special Wastewater Utility Regulations) A. Section 12.20.010 of the Palo Alto Municipal Code grants the City Council the authority to adopt by resolution rules and regulations governing utility services and the fees and charges therefor. B. The proposed amendments to Utilities Rules and Regulations 15 (Metering), 21 (Special Water Utility Regulations), 22 (Special Gas Utility Regulations) and 23 (Special Wastewater Utility Regulations) clarify responsibility for ownership and maintenance of various facilities required to provide utility service, establish set construction project values which trigger upgrades to existing water and wastewater facilities, and make these Rules and Regulations simpler to implement and clearer for customers and staff. C. Rule and Regulation 15 establishes the requirements for metering, including ownership and responsibility of gas, water, and electric metering equipment; installing, sealing, and testing of meters; and master metering. D. Rules and Regulations 21, 22, and 23 establish special requirements for the water, gas, and wastewater utilities, which include requirements for automatic fire service, fire hydrants, maintenance of gas service pipes, customer responsibility for wastewater laterals, and other requirements specific to each utility. The Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION 1. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Rule and Regulation 15 (Metering), Rule and Regulation 21 (Special Water Utility Regulations), Rule and Regulation 22 (Special Gas Utility Regulations) and Rule and Regulation 23 (Special Wastewater Utility Regulations) are hereby amended to read as set forth in amended Rule and Regulation 15, Rule and Regulation 21, Rule and Regulation 22 and Rule and Regulation 23, attached hereto and incorporated herein by reference. The foregoing Rules and Regulations, as amended, shall become effective on December 29, 2014. SECTION 2. Except as specifically amended by this resolution, all existing Utility Rules and Regulations shall remain in full force and effect. SECTION 3. The Council finds that the adoption of this resolution does not meet the California Environmental Quality Act’s definition of a project, pursuant to California Public Resources Code Sec. 21065, therefore no environmental assessment is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: ___________________________ _________________________ City Clerk Mayor APPROVED AS TO FORM: _________________________ City Manager ___________________________ Senior Deputy City Attorney _________________________ Director of Utilities _________________________ Director of Administrative Services METERING RULE AND REGULATION 15 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No. 1 A. OWNERSHIP OF AND RESPONSIBILITY FOR METERING EQUIPMENT CPAU shall furnish, own and maintain all Gas Regulators and all Meters for measuring Electric, Water, and Gas usage by the Customer. In addition, CPA shall furnish, own and maintain all equipment including: instrument transformers, phase shifting transformers, test switches, and connecting circuitry necessary for measuring Electricity used by the Customer. CPAU may, at its option, meter delivery to Primary Service Customers at Secondary Service voltage, and apply an adjustment factor to compensate. An accurate record will be kept by CPAU, or its designated Meter data management agent, of all Meter readings, and such record will be the basis for determination of any bill rendered for Service. CPAU reserves the right to estimate Meter readings, should any Meter fail to register correctly the amount of commodity used by the Customer. B. METER INSTALLATIONS 1. LOCATION a. All Meters shall be installed by CPAU in a convenient location upon the Applicant’s Premises, and so placed to be at all times accessible for inspection, reading and testing. Meter location must be approved by CPAU; placement of Meters above the ground-floor level is generally not permitted. b. The Customer shall, at the Customers’ own expense, provide a new and approved location for the Meter or Meters in order to comply with CPAU Rules and Regulations, and whenever the existing Meter or Meters become inaccessible for inspection, reading, or testing 2. MULTIPLE-OCCUPANCY BUILDINGS In buildings in which separate Meters are required for each unit to measure separately the Electric Service, Gas or Water supplied to each Customer, Meters for each Service will be located at one central point, per the CPAU standards or as otherwise specified by CPAU. Each Meter position shall be clearly marked by the building owner to indicate the particular location supplied by it. If more than one Gas Meter is required to serve a multiple-occupancy building, a Public ATTACHMENT B METERING RULE AND REGULATION 15 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No. 2 Utility Easement shall be required for the Gas Service Line and Gas Meters 3. SEALING OF METERS All CPAU Meters will be sealed by CPAU and no such seal shall be tampered with or broken except by an authorized representative of CPAU. If a Meter is tampered with, bypassed or otherwise compromised by the Customer, CPAU may discontinue and remove the Service in addition to charging for the estimated amount of Utilities used, and pursue all available civil and criminal remedies. If Service is removed, Customer will be responsible for the expense of removal and installation of new Service before the new Service is re-installed and activated. 4. ELECTRIC DEMAND METERS Generally, Demand Meters will not be installed on Loads with an estimated maximum Demand less than six (6) or eight (8) kW or eight (8) horsepower(hp). Demands of such lesser loads will be determined by a Load check. 5. ADDITIONAL METERING CPAU may, at its discretion and at its cost, install additional Metering for system quality control purposes. 6. CAPACITY OF METERS CPAU will set Water and Gas Meters to match the Customer’s Demand as stated on the Customers Utility Application/load sheet. CPAU may install Meters with a capacity in excess of what is needed to supply the stated demand if the Customer pays all applicable fees associated with the larger Meter. It is the Customer’s responsibility to submit an accurate Utility application/load sheet for Meter and Service capacity sizing. C. METER TESTS 1. Any Customer may secure a test of the accuracy of the Meter serving the Customer’s Premises. Prior to the test, the Customer will be required to make a deposit with CPAU as specified in CPAU Rate Schedule C-1. The deposit will be returned to the Customer if METERING RULE AND REGULATION 15 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No. 3 the Meter is found by test to register more than two percent (2%) faster under conditions of normal operation. Otherwise, the deposit will be retained by CPAU to offset a portion of the cost of making such test. 2. The Customer has the right to require that the test be made in their presence, or a representative’s presence at the Meter shop. A written report giving the result of the test will be supplied to the Customer upon request within ten (10) days of the test. 3. Meters will be tested before their installation, except that in the case of newly purchased single phase Electric Meters, the manufacturer’s test may be used as the installation test when CPAU’s random test indicates satisfactory test conditions for a particular manufacturer and a particular shipment. No Meter will be placed in Service or allowed to remain in Service if it is found to have an error in registration in excess of two percent (2%) under condition of normal operation. D. MASTER METERING Separate Premises, even though owned by the same Customer, will not be supplied Water, Gas, and/or Electric through the same Meter (i.e. master Meter), except as provided herein. 1. RESIDENTIAL Customers for which Water, Gas, and Electric Master-metering was installed prior to December 31, 1982, may continue to obtain Service at a single Point of Delivery through a single Metering installation for two or more single-family dwelling units in the same building or for two or more multi-family dwelling buildings, provided such buildings are adjacent to each other on an integral parcel of land undivided by a public highway, street, or railway. Requests for Master-metered multi-family Residential Service subsequent to December 31, 1982, will be evaluated and approved if central space conditioning is acceptable to CPAU. Developments with such central systems may continue to qualify for Master-metering. 2. NONRESIDENTIAL CPAU need not serve Premises directly, but will provide Master-metered Gas Service, where any of the following conditions are met: a. The building will contain central heating, air conditioning, or central domestic hot METERING RULE AND REGULATION 15 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No. 4 Water and can be shown (using methods of calculation acceptable to CPAU) to be more energy efficient and at a more favorable cost-benefit ratio than would be the case if individual Metering were installed. b. The building is designed to be subdivided or modified after construction to meet changing space needs of a number of tenants. 3. SEPARATE METERING IMPRACTICAL Where, in the sole opinion of CPAU, it is impractical for CPAU to meter individually each Premise or space, CPAU may meter only those Premises or spaces that it is practical to meter, if any. 4. ESTABLISHING EXCEPTION The owner of the building shall bear the burden of proof satisfactory to CPAU in establishing an exception for any of the above reasons. E. TOTALIZING METERING Totalizing though a single Electric Meter of the Electricity delivered by two or more separate Services will be considered if a Customer is served at primary voltage, has an estimated or actual Load in excess of 3,000 kVa, and all Services serve a contiguous site. Any exception to this provision must be explicitly addressed by a Rate Schedule or Customer Contract (Rule 5). (END) METERING RULE AND REGULATION 15 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-1-2010 Sheet No. 1 A. OWNERSHIP OF AND RESPONSIBILITY OFFOR METERING EQUIPMENT CPAU shall furnish, own and maintain all Gas Regulators and all Meters, for measuring Electric, Water, and Gas usage by the Customer. In addition, CPA shall furnish, own and maintain all equipment including: instrument transformers, phase shifting transformers, test switches, and connecting circuitry necessary for measuring Electricity used by the Customer. CPAU may, at its option, meter delivery to Primary Service Customers at Secondary Service voltage, and apply an adjustment factor to compensate. An accurate record will be kept by CPAU, or its designated Meter data management agent, of all Meter readings, and such record will be the basis for determination of any bill rendered for Service. ShouldCPAU reserves the right to estimate Meter readings, should any Meter fail to register correctly the amount of commodity used by the Customer, the amount of such use will be estimated by CPAU from the best available information. B. METER INSTALLATIONS 1. LOCATION a. All Meters willshall be installed by CPAU atin a convenient placelocation upon the Applicant’s Premises approved by CPAU, normally not above ground -floor level, and so placed as to be at all times accessible for inspection, reading and testing. Meter location must be approved by CPAU; placement of Meters above the ground-floor level is generally not permitted. b. The Customer shall, at the Customers’ own expense, provide a new and approved location for the Meter or Meters in order to comply with the foregoingCPAU Rules and Regulations, and whenever the existing Meter or Meters become inaccessible for inspection, reading, or testing by reason of any changes made by the owner or tenant of the Premises. 2. MULTIPLE-OCCUPANCY BUILDINGS a. In all buildings in which separate Meters are required to be installed for various floors or groups or rooms in ordereach unit to measure separately the electrical energyElectric Service, Gas or Water supplied to each of several Customers, ATTACHMENT C (Redline) METERING RULE AND REGULATION 15 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-1-201012-29-2014 Sheet No. 22 allCustomer, Meters for each Service will be located at one central point, per the CPAU standards or as otherwise specified by CPAU. Each Meter position shall be clearly marked by the building owner to indicate the particular location supplied by it. b. In buildings which are divided into two or more stores or other commercial Premises, Meters may be installed in the separate Premises provided no adjacent alleyway, common basement or other location accessible to all the tenants and suitable for the installation of a group of Meters exists. In such buildings, all wiring from CPAU’s Point of Delivery to the individual Meters shall conform to City of Palo Alto Building Department requirements. If more than one Gas Meter is required to serve a multiple-occupancy building, a Public Utility Easement shall be required for the Gas Service Line and Gas Meters 3. SEALING OF METERS All CPAU Meters will be sealed by CPAU and no such seal shall be tampered with or broken except by an authorized representative of CPAU. If a Meter is tampered with, bypassed or otherwise compromised by the Customer, CPAU may discontinue and remove the Service in addition to charging for the estimated amount of Utilities used, and pursue all available civil and criminal remedies. If Service is removed, Customer will be responsible for the expense of removal and installation of new Service before the new Service is re-installed and activated. 4. ELECTRIC DEMAND METERS Generally, Demand Meters will not be installed on Loads with an estimated maximum Demand less than six (6) or eight (8) kW or eight (8) horsepower(hp). Demands of such lesser loads will be determined by a Load check. 5. ADDITIONAL METERING CPAU may, at its discretion and at its cost, install additional Metering for system quality control purposes. 6. CAPACITY OF METERS CPAU will set Water and Gas Meters to match the Customer’s Demand as stated on the METERING RULE AND REGULATION 15 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-1-201012-29-2014 Sheet No. 32 Customers Utility Application/load sheet. CPAU may install Meters with a capacity in excess of what is needed to supply the stated demand if the Customer pays all applicable fees associated with the larger Meter. It is the Customer’s responsibility to submit an accurate Utility application/load sheet for Meter and Service capacity sizing. C. METER TESTS 1. Any Customer may secure a test of the accuracy of the Meter serving the Customer’s Premises. Prior to the test, the Customer will be required to make a deposit with CPAU as specified in CPAU Rate Schedule C-1. The deposit will be returned to the Customer if the Meter is found by test to register more than two percent (2%) faster under conditions of normal operation. Otherwise, the deposit will be retained by CPAU to offset a portion of the cost of making such test. 2. The Customer has the right to require that the test be made in their presence, or a representative’s presence at the Meter shop. A written report giving the result of the test will be supplied to the Customer upon request within ten (10) days of the test. 3. Meters will be tested before their installation, except that in the case of newly purchased single phase Electric Meters, the manufacturer’s test may be used as the installation test when CPAU’s random test indicates satisfactory test conditions for a particular manufacturer and a particular shipment. No Meter will be placed in Service or allowed to remain in Service if it is found to have an error in registration in excess of two percent (2%) under condition of normal operation. D. MASTER METERING Separate Premises, even though owned by the same Customer, will not be supplied Water, Gas, and/or Electric through the same Meter (i.e. master Meter), except as provided herein. 1. RESIDENTIAL Customers for which Water, Gas, and Electric Master-metering was installed prior to December 31, 1982, may continue to obtain Service at a single Point of Delivery through a single Metering installation for two or more single-family dwelling units in the same building or for two or more multi-family dwelling buildings, provided such buildings are adjacent to each other on an integral parcel of land undivided by a public highway, street, METERING RULE AND REGULATION 15 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-1-2010 Sheet No. 3 or railway. Requests for Master-metered multi-family Residential Service subsequent to December 31, 1982, will be evaluated and approved if central space conditioning is acceptable to CPAU. Developments with such central systems may continue to qualify for Master-metering. 2. NONRESIDENTIAL CPAU need not serve Premises directly, but will provide Master-metered Gas Service, where any of the following conditions are met: a. The building will contain central heating, air conditioning, or central domestic hot Water and can be shown (using methods of calculation acceptable to CPAU) to be more energy efficient and at a more favorable cost-benefit ratio than would be the case if individual Metering were installed. b. The building is designed to be subdivided or modified after construction to meet changing space needs of a number of tenants. 3. SEPARATE METERING IMPRACTICAL Where, in the sole opinion of CPAU, it is impractical for CPAU to meter individually each Premise or space, CPAU may meter only those Premises or spaces that it is practical to meter, if any. 4. ESTABLISHING EXCEPTION The owner of the building shall bear the burden of proof satisfactory to CPAU in establishing an exception for any of the above reasons. E. TOTALIZING METERING Totalizing though a single Electric Meter of the Electricity delivered by two or more separate Services will be considered if a Customer is served at primary voltage, has an estimated or actual Load in excess of 3,000 kVa, and all Services serve a contiguous site. Any exception to this provision must be explicitly addressed by a Rate Schedule or Customer Contract (Rule 5). (END) SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 1 A. GENERAL In addition to the general requirements outlined in Rule and Regulation 18 for Utility Service Connections and Facilities on Customers’ Premises, the following is required: B. SERVICE CONFIGURATIONS 1. NUMBER OF SERVICES PER BUILDING Only one Water Service Line is allowed for a building or other Customer Premises, except additional Water Sevices may be provided for commercial properties at CPAU’s discretion, if the following conditions apply: a. Space is not available in the Public Right-of-Way at any one location for the number of Water Meters required to serve the property. b. Additional Water Services are needed for irrigation and fire Water Services. C. AUTOMATIC FIRE SERVICE 1. PURPOSE An automatic fire service connection in 2-inch to 10-inch size will be furnished only if adequate provisions approved by CPAU are made to prevent the use of Water for purposes other than fire extinguishing. 2. APPLICATION AND AGREEMENT The Applicant will be required to sign an Application for CPAU connection and agree to operate the fire service in accordance with these Rules and Regulations. The Applicant, at the Applicant’s expense, will be required to install an approved backflow protection assembly in accordance with Title 17 of the California Administrative Code, Section E of this Rule and Regulation, and City standards. 3. INSTALLATION CHARGES ATTACHMENT D SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 2 The Applicant will be required to make payment in advance of construction in accordance with CPAU’s applicable Connection Fee Rate Schedule. 4. QUANTITATIVE CHARGES a. Water for fires: no Charges will be made for Water used to extinguish accidental fires. b. Other: Water used for any purpose other than extinguishing fires or testing or repairing fire extinguishing facilities, shall be paid for under Water Rate Schedule W-3. Unauthorized Water use shall be subject to criminal prosecution as set forth in Water Rate Schedule W-3. 5. VIOLATION OF AGREEMENT If Water is used from a fire service in violation of the agreement or of this Rule and Regulation, CPAU may, at its option, levy a fine, discontinue and remove a Service in addition to charging for the Water illegally used, and pursue all available civil and criminal remedies, including but not limited to prosecution pursuant to Palo Alto Municipal Code Section 1.08. If a fire service is removed, Customer will be responsible for the expense of removal and installation of a new fire service before the new service is re-installed and activated. 6. PRESSURE AND SUPPLY CPAU assumes no responsibility for loss or damage because of lack of Water or pressure and merely agrees to furnish such quantities and pressures as are available in its general Distribution System. The Service is subject to shutdowns and variations required by the operation of the Water system and system Demands. D. FIRE HYDRANTS 1. USE AND DAMAGE OF FIRE HYDRANTS No Person or Persons, other than those designated and authorized by the proper authority, or by CPAU, shall open any fire hydrant, attempt to draw Water from it, or in any manner SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 3 damage or tamper with it. Any violation of this section will be prosecuted via all available civil and criminal remedies, including but not limited to Palo Alto Municipal Code Section 1.08. a. The following conditions must be met to draw Water from a public fire hydrant: i. Prior to use at a construction site or for any other purpose, a Person must first obtain a Fire Hydrant Meter Permit from CPAU. ii. A deposit will be required on the Hydrant Meter supplied by CPAU per applicable Water Service Rate Schedule for Fire Hydrants (W-2). iii. Meter reading is performed by Utilities Operations Department at a 6- month interval when the permittee brings in the meter for renewal, or at the end of the rental period if it’s less than 6 months. iv. Charges shall be billed and paid according to CPAU’s applicable Water Service Rate Schedule for Fire Hydrants (W-2). v. All Water taken from the fire hydrant must be registered on the hydrant Meter. It is illegal to draw Water from a hydrant without the hydrant Meter attached to record the volumes. b. FINES AND PENALTIES i. Any Person(s) drawing Water from a public fire hydrant without a Fire Hydrant Meter Permit or without registering the Water taken on the hydrant Meter shall be subject to criminal prosecution. ii. Failure to submit timely Meter reading cards may result in forfeiture of all or part of the Customer deposit. iii. Failure to return the hydrant Meter at the end of the appropriate period may result in additional Charges per Water Service Rate Schedule for Fire Hydrants (W-2). iv. Individual or companies who are found in violation of Rule 21 D.1(a)(i) or Rule 21 D.1(a)(v) on more than one occasion in a three year period may be denied any use of fire hydrant Water Service. Such Customer may use reclaimed Water if available. 2. MOVING OF FIRE HYDRANTS SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 4 When a fire hydrant has been installed in the location specified and approved by CPAU, CPAU has fulfilled its obligation. If a property owner or other party desires a change in the size, type, or location of the hydrant, the owner shall bear all the cost of such changes, without refund. Any change in the location of a fire hydrant must be approved by the City of Palo Alto Fire Department and the Utilities Department. The cost of relocation shall be as estimated by the Engineering Manager for Water-Gas-Wastewater. This cost estimate must be paid before CPAU will begin relocation. E. WATER SYSTEM PROTECTION 1. CROSS CONNECTION CONTROL PROGRAM The purpose of the Cross Connection Control Program is to protect the City’s potable Water from contamination. The connection of unprotected actual or potential connections between the potable Water system and any source or system containing unapproved Water, or any substance that presents a potential danger is prohibited. This program is operated in accordance with the current State Department of Public Health Regulations contained in Title 17 of the California Administrative Code, Chapter 5, Subchapter 1, Group 4, Sections 7583 through 7604, as amended (hereafter “State Regulations”). This Cross Connection Control Program document drafted in accordance with State Regulations, is available on the City’s website and on file with the City Clerk. The Director of Utilities is authorized to terminate Water Service to any Customer who fails to comply with this Rule and any other City Cross Connection Program requirements after notice is given. 2. BACKFLOW PROTECTION a. GENERAL REQUREMENTS i. Backflow protection assemblies must be approved by the University of Southern California’s (USC) Foundation for Cross Connection Control. A list of approved assemblies and other background information can be found at the assembly manufacturer’s website and the Foundation’s website: http://www.usc.edu/dept/fccchr/list.html. SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 5 ii. The Customer must install the required Water backflow prevention assemblies in accordance with CPAU and State of California requirements. iii. The backflow prevention assemblies are owned and maintained by the Customer. iv. The Customer is responsible for annual testing of the backflow prevention assemblies and any required repair or replacement. Additional information about annual testing requirements is provided in section E(2)(e) of this Rule. v. As a protection to the Customer's plumbing system, the Customer must install a suitable pressure relief valve and pressure expansion tank between a backflow assembly and any natural gas, electric or solar water heater on the Customer’s Water system. vi. The backflow prevention assembly must be installed in a Utility-approved location on private property at a location within 5 feet of the Point of Service (property line/Meter) unless a different location is specified elsewhere in this Rule or an exception has been granted by the Water, Gas, and Wastewater Engineering Manager. b. EXISTING SERVICES Existing Water connections (commercial, industrial or domestic) will be required to install Reduced Pressure Principle Assembly (RPPA) backflow prevention assembly at the Customers expense within 90 days of notification by CPAU when: i. Salt Water, or Water otherwise polluted, is available for industrial or fire protection purposes, or where fresh Water hydrants are or may be installed on piers or docks; ii. The Premises are now or may be engaged in processes which produce industrial wastes, or where the Premises are or may be engaged in handling Wastewater or any other dangerous substances; iii. Gray Water, stored rain Water, well Water, reclaimed Water or other unapproved source of Water is present on the premise for irrigation or other uses. iv. An approved Water supply line terminates at a pier head outlet which is used to supply vessels at piers or Water fronts. These installations shall be SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 6 located where they will prevent the return of any Water from a vessel or any other source into the approved Water supply line. v. The Customer is engaged in the handling of dangerous or corrosive liquids, or industrial or process Water. vi. Circumstances are such that there is danger of backflow of Wastewater or other contaminated liquids through plumbing fixtures of Water-using or treating equipment, or storage tanks and reservoirs. Such circumstances include, but are not limited to, dangers present at the following types of facilities or caused by the following types of activities: a) Non-single family home swimming pools; b) Sewage ejector pumps; c) Boilers, hydronic or solar heating systems; d) Animal veterinary or grooming facility; e) Automotive maintenance, washing, painting or fueling facility; f) Oil, gas, radioactive material or chemical storage, transmission or production facilities; g) Barber / beauty shop or nail salon; h) Restaurant, bar, or brewery; i) Printer copy/reprographic service or film processing/developing; j) Dental, medical facility, nursing home, sanitarium or hospital; k) Manufacturing or processing plant; l) Dry cleaning or laundry facility; m) Portable cleaning/spray equipment ; n) Steam cleaning facilities; o) Swamp cooler, cooling tower or water chillers; p) Water booster pump; q) Tanker truck yards or Water storage tanks; r) Florist or plant nursery; s) Non-single family home fountain or lagoon; t) Grocery store; u) Gym, hot tub or spa facility; v) Concrete, Asphalt, sand or gravel plant; w) Laboratory, school or college; x) Metal Manufacturing, processing, plating, cleaning or fabrication; y) Morgue, mortuary, graveyard, crematorium or funeral home; SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 7 z) The Water Gas Wastewater Operations has determined that the service connection poses a contamination risk to the Water Distribution System. c. SPECIAL CONDITIONS – EXISTING SERVICES When a Customer is required to install a backflow prevention assembly in the University Avenue or California Avenue Business Districts, the Customer may, at the discretion of the Director of Utilities and the Chief Building Official be allowed to install backflow prevention assemblies in the Public Right-of-Way (PROW) where no feasible placement alternative exists outside of the PROW. The customer must obtain an Encroachment Permit from the City of Palo Alto prior to the installation of the backflow prevention assembly. Installations in the PROW are subject to the following conditions: i. Existing building structure must contain a vertical wall at the edge of the PROW ii. The Customer must obtain insurance with minimum liability coverage of $1,000,000 each for personal injury and property damage, and shall indemnify and hold the City harmless via a contractual liability endorsement. iii. The backflow prevention assemblies are limited to sizes rated as 2 inches or smaller. iv. BPAs located in the PROW shall encroach the minimum distance necessary for compliance. In no event shall right-of-way sidewalk access be restricted to less than five (5) feet of clearance. v. Any BPA proposed in the PROW may, at the discretion of the Director of Planning and Community Environment, require mitigation to paint the equipment to match the building, provide for a screening cage, or other techniques to minimize visual impacts along the streetscape. vi. Any BPA proposed in the PROW to be located on the exterior of a designated historic building requires review and approval by the Department of Planning and Community Environment, in addition to other approvals. vii. In the event of a future building improvement, the Encroachment Permit will be revoked as a component of development approval, and the SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 8 Applicant will be required to move the backflow prevention assembly off of the Public ROW and onto the Applicant or building owner’s property. d. NEW OR UPGRADED SERVICES The installation of a backflow prevention assembly is required before the connection of a new or upgraded Service under any of the following conditions: i. For single family Residential Customers, an approved Reduced Pressure Principle Assembly (RPPA) backflow prevention assembly is required when an unapproved fresh Water supply is available from a well, spring, reservoir, or other source. This condition applies even if the unapproved source is not connected to the Utilities Water System. If the Customer agrees to abandon this other supply, agrees to remove all pumps and piping necessary for the utilization of this supply, and properly abandons this supply source, the installation of backflow protective assembly may not be required. ii. For commercial or industrial fire services, a RPPA backflow prevention assembly must be installed for any existing or new Water connections. Alternative backflow prevention assemblies may be substituted after approval by the Water Gas Wastewater Engineering Manager. iii. Single and multi-family residences that have fire sprinklers that are connected to the domestic Water Service shall have an approved Double Check Valve backflow prevention assembly installed on the main Water Service connection. iv. Commercial, industrial, retail, and multi-unit housing (more than 4 units in building) Water Service Applicants shall install a (RPPA) backflow prevention assembly for all Water Services. v. Whenever the Water Gas Wastewater Operations Manager has determined that the connection poses a contamination risk to the Water Distribution System. e. INSPECTION AND TESTING OF BACKFLOW PREVENTION ASSEMBLIES i. The owner of any Premises with required backflow prevention assemblies must have them inspected by a Backflow Protection Assembly Tester SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 9 certified by the California-Nevada Section of the American Water Works Association at least once annually. ii. Backflow prevention assemblies must be inspected and tested before a service is connected. iii. Customer must provide proof that the backflow prevention assembly that they have installed is on USC’s Foundation for Cross Connection Control approved list. iv. Backflow prevention assemblies must be tested annually, and repaired or replaced within 30 calendar days whenever they are defective or upon notice from CPAU. v. The annual testing Certificates shall be sent to the Water Transmission Supervisor/Cross Connection Control Officer, City of Palo Alto, P.O. Box 10250, Palo Alto, CA 94301 each year on the anniversary of the device’s initial testing. If the backflow testing Certificate is not received within 90 days of notification by the City of the need for one, the City may contract for the testing and charge the Customer for the expense, or terminate Water Service. vi. All expenses for repair and maintenance of backflow prevention assemblies shall be borne by the Customer. vii. The City reserves the right to perform additional inspection or testing of any required backflow prevention assembly as it deems necessary to protect the Water Distribution System. f. PLUMBING CHANGES REQUIRED IN SPECIAL CIRCUMSTANCES In special circumstances, where the Customer is engaged in the handling of dangerous or corrosive liquids, or industrial or process Water, the Utility may require the Customer to eliminate certain plumbing or piping connections as an additional precaution and as a protection to the backflow preventive assemblies. In making plumbing connections beyond the backflow prevention assembly to the Service, the Customer must comply with Local or State Plumbing Ordinances and State Regulations. g. BACKFLOW PROTECTION ON ADDITIONAL WATER SUPPLY LINES Whenever CPAU or State regulations require backflow protection on a water supply line entering a Customer's Premises, any and all water supply lines from the Utility's mains entering such Premises, buildings, or structures shall be SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 10 protected by a City approved backflow prevention assembly in conformance with State Regulations, regardless of the use of the additional water supply lines. h. PROTECTION AGAINST FLOWS BETWEEN DIFFERENT MAINS Two or more Services supplying Water from different mains to the same building structure or Premises through which water may flow between mains must have an approved backflow prevention assembly on each Water Service installed at locations defined in this Rule. i. DISCONTINUANCE OF SERVICE Water Service to any Premises may be immediately discontinued by the Utility if the backflow prevention assemblies have not met the conditions outlined in this Rule or the Water Gas Wastewater Operations Manager has determined that situation could cause contamination of the Water Distribution System. Service will not be restored until Water Gas Wastewater Operations Manager has determined that any conditions that compromise the safety of the Water system have been corrected. F. IRRIGATION METERS Water Service for all new and rehabilitated industrial, commercial, and institutional landscaping and new and rehabilitated multi-family common areas requiring a permit or review by the City shall be provided by a separate irrigation Meter. This Meter shall be designated as an irrigation Account and no other utilities will be billed on such Accounts. The Customer shall pay for the additional Service according to Rate Schedule W-5. G. WASTE OF WATER In the event that waste of Water shall be found, due to leaking, defective, or wasteful equipment, the City will notify the Customer. If the Customer does not take reasonable steps to curb this waste, the City shall have the right, after giving due notice, to discontinue Service to the Customer until the repairs have been completed on the Customer’s equipment. H. MAINTENANCE OF THE WATER DISTRIBUTION SYSTEM 1. CPAU RESPONSIBILITY SPECIAL WATER UTILITY REGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 11 CPAU will be responsible for the maintenance of the Water Service from, and including, the Water Meter located near the street curb to, and including, the Water main and the remainder of the system, except that the expense of Water maintenance resulting from violation of the Municipal Code or these Rules and Regulations may be assigned to the responsible party, or CPAU may refuse to perform such maintenance. In easements, CPAU’s responsibility is limited to the Water mains and Water Meters. 2. CUSTOMER RESPONSIBILITY a. The Customer will be responsible for replacing Services that are not polyethylene or copper when building a new structure or constructing additions/remodels that have a value greater than $100,000 for residential projects and $300,000 for commercial projects, as stated on the project’s building permit application. Reconnection to the City Water Services will only be allowed on current standard Services. All other Services must be replaced, per the WGW Utility Standards, from the main up to and including the Water Meter box at the fees listed in the Utility Rate Schedule W-5. b. The Customer will be responsible for maintenance of the on-site Water Distribution System downstream of the Water Meter in accordance with the Municipal Code, including the Water Meter vaults and boxes. c. It shall be the responsibility of the Customer to keep the top of the Water Meter, vault or box at ground level and clear of vegetation or any other obstruction. If after a 30 day notice from the Utility, the Customer has not caused the Meter, vault, or box to be at ground level and clear of vegetation or obstructions, the Utility will perform the work at the Customer’s expense. The Customer will be invoiced for the actual cost to the Utility for the work. (END) SPECIAL WATER UTILITY REGULATIONREGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 10-18-201012-29-2014 Sheet No. 1 A. GENERAL In addition to the general requirements outlined in Rule and Regulation 18 for Utility Service Connections and Facilities on Customers’ Premises, the following is required: B. SERVICE CONFIGURATIONS 1. NUMBER OF SERVICES PER BUILDING Only one Water Service lineLine is allowed for a building or other Customer Premises, except additional water servicesWater Sevices may be provided for commercial properties at CPAU’s discretion, if the following conditions apply: a. Space is not available in the Public Right-of-Way at any one location for the number of Water Meters required to serve the property. b. Additional Water Services are needed for irrigation and fire Water Services. C. AUTOMATIC FIRE SERVICE 1. PURPOSE An automatic fire Serviceservice connection in 2-inch to 10-inch size will be furnished only if adequate Provisionsprovisions approved by CPAU are made to prevent the use of Water for purposes other than fire extinguishing. 2. APPLICATION AND AGREEMENT The Applicant will be required to sign an Application for CPAU connection and agree to operate the fire service in accordance with these Rules and Regulations. The Applicant, at the Applicant’s expense, will be required to install an approved backflow protection assembly in accordance with Title 17 of the California Administrative Code, Section E of this Rule and Regulation, and City standards. 3. INSTALLATION CHARGES ATTACHMENT E (Redline) SPECIAL WATER UTILITY REGULATIONREGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 10-18-201012-29-2014 Sheet No. 2 The Applicant will be required to make payment in advance of construction in accordance with CPAU’s applicable Connection Fee Rate Schedule. 4. QUANTITATIVE CHARGES a. Water for fires: no Charges will be made for Water used to extinguish accidental fires. b. Other: Water used for any purpose other than extinguishing fires or testing or repairing fire extinguishing facilities, shall be paid for under Water Rate Schedule W-3. Unauthorized Water useduse shall be subject to criminal prosecution as set forth in Water Rate Schedule W-3. 5. VIOLATION OF AGREEMENT If Water is used from a fire service in violation of the agreement or of this Rule and Regulation, CPAU may, at its option, levy a fine, and discontinue and remove a Service in addition to charging for the Water illegally used, and prosecutepursue all available civil and criminal remedies, including but not limited to prosecution pursuant to Palo Alto Municipal Code Section 1.08. If Servicea fire service is removed, Customer will be responsible for the expense of removal and installation of a new Servicefire service before the new Serviceservice is re-installed and activated. 6. PRESSURE AND SUPPLY CPAU assumes no responsibility for loss or damage because of lack of Water or pressure and merely agrees to furnish such quantities and pressures as are available in its general Distribution System. The Service is subject to shutdowns and variations required by the operation of the Water system and system Demands. D. FIRE HYDRANTS 1. USE AND DAMAGE OF FIRE HYDRANTS No Person or Persons, other than those designated and authorized by the proper authority, or by CPAU, shall open any fire hydrant, attempt to draw Water from it, or in any manner SPECIAL WATER UTILITY REGULATIONREGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 10-18-201012-29-2014 Sheet No. 3 damage or tamper with it. Any violation of this regulationsection will be prosecuted pursuantvia all available civil and criminal remedies, including but not limited to Palo Alto Municipal Code Section 1.08. a. The following conditions must be met for a Person(s) to draw Water from a public fire hydrant: i. Prior to use at a construction site or for any other purpose, a Person must first apply to CPAU forobtain a Fire Hydrant Meter Permit from CPAU. ii. A deposit will be required on the Hydrant Meter supplied by CPAU per applicable Water Service Rate Schedule for Fire Hydrants (W-2). iii. Monthly Meter reading cards must be submittedis performed by Utilities Operations Department at a 6-month interval when the permittee to CPAU on a timely basis. brings in the meter for renewal, or at the end of the rental period if it’s less than 6 months. iv. Charges toshall be billed and paid according to CPAU’s applicable Water Service Rate Schedule for Fire Hydrants (W-2). v. All Water taken from the fire hydrant must be registered on the hydrant Meter. It is illegal to draw Water from a hydrant without the hydrant Meter attached to record the volumes. b. FINES AND PENALTIES i. Any Person(s) drawing Water from a public fire hydrant who does not meet either of the conditions described in Rule 21 D.1.a.i. or Rule 21 D.1.a.v.without a Fire Hydrant Meter Permit or without registering the Water taken on the hydrant Meter shall be subject to criminal prosecution. ii. Failure to submit timely Meter reading cards may result in forfeiture of all or part of the Customer deposit. iii. Failure to return the hydrant Meter at the end of the appropriate period may result in additional Charges per Water Service Rate Schedule for Fire Hydrants (W-2). iv. Individual or companies who are found in violation of Rule 21 D.1.(a.)(i.) or Rule 21 D.1.(a.)(v.) on more than one occasion in a three year period may be denied any use of fire hydrant Water Service. Such Customer may use reclaimed Water if available. SPECIAL WATER UTILITY REGULATIONREGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 10-18-201012-29-2014 Sheet No. 4 2. MOVING OF FIRE HYDRANTS When a fire hydrant has been installed in the location specified and approved by the proper authorityCPAU, CPAU has fulfilled its obligation. If a property owner or other party desires a change in the size, type, or location of the hydrant, the owner shall bear all the cost of such changes, without refund. Any change in the location of a fire hydrant must be approved by the City of Palo Alto Fire Department and the Utilities Department. The cost of relocation shall be as estimated by the Engineering Manager for Water-Gas- Wastewater. This cost estimate must be paid before -CPAU will begin relocation. E. WATER SYSTEM PROTECTION 1. CROSS CONNECTION CONTROL PROGRAM The purpose of the Cross Connection Control Program is to protect the City’s potable Water from contamination. The connection of unprotected actual or potential connections between the potable Water system and any source or system containing unapproved Water, or any substance that presents a potential danger is prohibited. This program is operated in accordance with the current State Department of Public Health Regulations contained in Title 17 of the California Administrative Code, Chapter 5, Subchapter 1, Group 4, Sections 7583 through 7604, as amended (hereafter “State Regulations”). This Cross Connection Control Program document drafted in accordance with State Regulations, is available on the City’s website and on file with the City Clerk. The Director of Utilities is authorized to terminate water serviceWater Service to any Customer who fails to comply with this Rule and any other City Cross Connection Program requirements after notice is given. 2. BACKFLOW PROTECTION a. GENERAL REQUIREMENTSREQUREMENTS i. Backflow protection assemblies must be approved by the University of Southern California’s (USC) Foundation for Cross Connection Control. A SPECIAL WATER UTILITY REGULATIONREGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 10-18-201012-29-2014 Sheet No. 5 list of approved assemblies and other background information can be found at the assembly manufacturer’s website and the Foundation’s website: http://www.usc.edu/dept/fccchr/list.html. ii. The Customer must install the required Water backflow prevention assemblies in accordance with CPAU and State of California requirements. accordance with CPAU and State of California requirements. iii. The backflow prevention assemblies are owned and maintained by the Customer. iv. The Customer is responsible for annual testing of the backflow prevention assemblies and any required repair or replacement. Additional information about annual testing requirements is provided in section E(2)(e) of this Rule. v. As a protection to the Customer’sCustomer's plumbing system, the Customer must install a suitable pressure relief valve and pressure expansion tank between a backflow assembly and any natural gas, electric or solar water heater on the Customer’s Water system. vi. The backflow prevention assembly must be installed in a Utility-approved location on private property at a location within 5 feet of the Point of Service (property line/Meter) unless a different location is specified elsewhere in this Rule or an exception has been granted by the Water, Gas, and Wastewater Engineering Manager. b. EXISTING SERVICES Existing Water connections (commercial, industrial or domestic) will be required to install Reduced Pressure Principle Assembly (RPPA) backflow protectionprevention assembly at the Customers expense within 90 days of notification by CPAU when: i. Salt Water, or Water otherwise polluted, is available for industrial or fire protection purposes, or where fresh Water hydrants are or may be installed on piers or docks; ii. The Premises are now or may be engaged in processes which produce industrial wastes, or where the Premises are or may be engaged in handling Wastewater or any other dangerous substances; iii. Gray Water, stored rain Water, well Water, reclaimed Water or other SPECIAL WATER UTILITY REGULATIONREGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 10-18-201012-29-2014 Sheet No. 6 unapproved source of Water is present on the premise for irrigation or other uses. iv. An approved Water supply line terminates at a pier head outlet which is used to supply vessels at piers or Water fronts. These installations shall be located where they will prevent the return of any Water from a vessel or any other source into the approved Water supply line. v. The Customer is engaged in the handling of dangerous or corrosive liquids, or industrial or process Water. vi. Circumstances are such that there is danger of backflow of Wastewater or other contaminated liquids through plumbing fixtures of Water-using or treating equipment, or storage tanks and reservoirs. Such circumstances include, but are not limited to, dangers present at the following types of facilities or caused by the following types of activities: a) Non-single family home swimming pools; b) Sewage ejector pumps; c) Boilers, hydronic or solar heating systems; d) Animal veterinary or grooming facility; e) Automotive maintenance, washing, painting or fueling facility; f) Oil, gas, radioactive material or chemical storage, transmission or production facilities; g) Barber / beauty shop or nail salon; h) Restaurant, bar, or brewery; i) Printer copy/reprographic service or film processing/developing; j) Dental, medical facility, nursing home, sanitarium or hospital; k) Manufacturing or processing plant; l) Dry cleaning or laundry facility; m) Portable cleaning/spray equipment ; n) Steam cleaning facilities; o) Swamp cooler, cooling tower or water chillers; p) Water booster pump; q) Tanker truck yards or Water storage tanks; r) Florist or plant nursery; s) Non-single family home fountain or lagoon; t) Grocery store; u) Gym, hot tub or spa facility; v) Concrete, Asphalt, sand or gravel plant; SPECIAL WATER UTILITY REGULATIONREGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 10-18-201012-29-2014 Sheet No. 7 w) Laboratory, school or college; x) Metal manufacturingManufacturing, processing, plating, cleaning or fabrication; y) Morgue, mortuary, graveyard, crematorium or funeral home; z) The Water Gas Wastewater Operations has determined that the service connection poses a contamination risk to the Water Distribution System. service connection poses a contamination risk to the Water Distribution System. c. SPECIAL CONDITIONS – EXISTING SERVICES When a Customer is required to install a backflow prevention assembly in the University Avenue or California Avenue Business Districts, the Customer may, at the discretion of the Director of Utilities and the Chief Building Official be allowed to install backflow prevention assemblies in the Public Right-of-Way (PROW) where no feasible placement alternative exists outside of the PROW. The customer must obtain an Encroachment Permit from the City of Palo Alto prior to the installation of the backflow prevention assembly. Installations in the PROW are subject to the following conditions: i. Existing building structure must contain a vertical wall at the edge of the PROW. ii. The Customer must obtain insurance with minimum liability coverage of $1,000,000 each for personal injury and property damage, and shall indemnify and hold the City harmless via a contractual liability endorsement. iii. The backflow prevention assemblies are limited to sizes rated as 2 inches or smaller. iv. BPAs located in the PROW shall encroach the minimum distance necessary for compliance. In no event shall right-of-way sidewalk access be restricted to less than five (5) feet of clearance. v. Any BPA proposed in the PROW may, at the discretion of the Director of Planning and Community Environment, require mitigation to paint the equipment to match the building, provide for a screening cage, or other techniques to minimize visual impacts along the streetscape. SPECIAL WATER UTILITY REGULATIONREGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 10-18-201012-29-2014 Sheet No. 8 vi. Any BPA proposed in the PROW to be located on the exterior of a designated historic building requires review and approval by the Department of Planning and Community Environment, in addition to other approvals. vii. In the event of a future building improvement, the Encroachment Permit will be revoked as a component of development approval, and the Applicant will be required to move the backflow prevention assembly off of the Public ROW and onto the Applicant or building owner’s property. d. NEW OR UPGRADED SERVICES The installation of a backflow prevention assembly is required before the connection of a new or upgraded Service under any of the following conditions: i. For single family Residential Customers, an approved Reduced Pressure Principle Assembly (RPPA) backflow prevention assembly is required when an unapproved fresh Water supply is available from a well, spring, reservoir, or other source. This condition applies even if the unapproved source is not connected to the Utilities Water System. If the Customer agrees to abandon this other supply, agrees to remove all pumps and piping necessary for the utilization of this supply, and properly abandons this supply source, the installation of backflow protective assembly may not be required. ii. For commercial or industrial fire Servicesservices, a RPPA backflow prevention assembly must be installed for any existing or new Water connections. Alternative backflow prevention assemblies may be substituted after approval by the Water Gas Wastewater Engineering Manager. iii. Single and multi-family residences that have fire sprinklers that are connected to the domestic Water Service shall have an approved Double Check Valve backflow prevention assembly installed on the main Water Service connection. iv. Commercial, industrial, retail, and multi-unit housing (more than 4 units in building) Water Service Applicants shall install a (RPPA) backflow prevention assembly for all Water Services. v. Whenever the Water Gas Wastewater Operations Manager has determined that the connection poses a contamination risk to the Water Distribution SPECIAL WATER UTILITY REGULATIONREGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 10-18-201012-29-2014 Sheet No. 9 System. e. INSPECTION AND TESTING OF BACKFLOW PREVENTION ASSEMBLIES i. The owner of any Premises with required backflow prevention assemblies must have them inspected by a Backflow Protection Assembly Tester certified by the California-Nevada Section of the American Water Works Association at least once annually. ii. Backflow prevention assemblies must be inspected and tested before a service is connected. iii. Customer must provide proof that the backflow prevention assembly that they have installed is on USC’s Foundation for Cross Connection Control approved list. iv. Backflow prevention assemblies must be servicedtested annually, and over-hauledrepaired or replaced within 30 calendar days whenever they are defective or upon notice from CPAU. v. The annual testing Certificates shall be sent to the Water Transmission Supervisor/Cross Connection Control Officer, City of Palo Alto, P.O. Box 10250, Palo Alto, CA 94301 each year on the anniversary of the device’s initial testing. If the backflow testing Certificate is not received within 90 days of notification by the City of the need for one, the City may contract for the testing and charge the Customer for the expense, or terminate Water Service. vi. All expenses for repair and maintenance of backflow prevention assemblies shall be borne by the Customer. vii. The City reserves the right to perform additional inspection or testing of any required backflow prevention assembly as it deems necessary to protect the Water Distribution System. f. PLUMBING CHANGES REQUIRED IN SPECIAL CIRCUMSTANCES In special circumstances, where the Customer is engaged in the handling of especially dangerous or corrosive liquids, or industrial or process Water, the Utility may require the Customer to eliminate certain plumbing or piping connections as an additional precaution and as a protection to the backflow preventive assemblies. In making plumbing connections beyond the backflow SPECIAL WATER UTILITY REGULATIONREGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 10-18-201012-29-2014 Sheet No. 10 prevention assembly to the Service, the Customer must comply with Local or State Plumbing Ordinances and State Regulations. g. BACKFLOW PROTECTION ON ADDITIONAL WATER SUPPLY LINES Whenever CPAU or State regulations require backflow protection on a Waterwater supply line entering a Customer's Premises, any and all water supply lines from the Utility's mains entering such Premises, buildings, or structures shall be protected by a City approved backflow prevention assembly in conformance with State Regulations, regardless of the use of the additional Waterwater supply lines. h. PROTECTION AGAINST FLOWS BETWEEN DIFFERENT MAINS Two or more Services supplying Water from different street mains to the same building structure or Premises through which water may flow between mains must have an approved backflow prevention assembly on each Water Service installed at locations defined in this Rule. i. DISCONTINUANCE OF SERVICE Water Service to any Premises may be immediately discontinued by the Utility if the backflow prevention assemblies have not met the conditions outlined in this Rule or the Water Gas Wastewater Operations Manager has determined that situation could cause contamination of the Water Distribution System. Service will not be restored until Water Gas Wastewater Operations Manager has determined that any conditions that compromise the safety of the Water system have been corrected. GF. IRRIGATION METERS Water Service for all new and rehabilitated industrial, commercial, and institutional landscaping and new and rehabilitated multi-family common areas requiring a permit or review by the City shall be provided by a separate irrigation Meter. This Meter shall be designated as an irrigation Account and no other utilities will be billed on such Accounts. The Customer shall pay for the additional Service according to Rate Schedule W-5. HG. WASTE OF WATER SPECIAL WATER UTILITY REGULATIONREGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 10-18-201012-29-2014 Sheet No. 11 In the event that waste of Water shall be found, due to leaking, defective, or wasteful equipment, the City will notify the Customer. If the Customer does not take reasonable steps to curb this waste, the City shall have the right, after giving due notice, to discontinue Service to the Customer until the repairs have been completed on the Customer’s equipment. IH. MAINTENANCE OF THE WATER DISTRIBUTION SYSTEM 1. CPAU RESPONSIBILITY CPAU will be responsible for the maintenance of the Water Service from, and including, the Water Meter located near the street curb to, and including, the Water main and the remainder of the system, except that the expense of Water maintenance resulting from violation of the Municipal Code or of these Rules and Regulations may be assigned to the responsible party, or CPAU may refuse to perform such maintenance. In easements, CPAU’s responsibility is limited to the Water mains and Water Meters. 2. CUSTOMER RESPONSIBILITY a. The Customer will be responsible for replacing Services that are not current standard sizepolyethylene or a current standard materialcopper when building a new structure or constructing additions/remodels that have a value greater than 50% of the current value of the existing structures$100,000 for residential projects and $300,000 for commercial projects, as stated on the lot based on Federal Emergency Management Agency flood plain methodologyproject’s building permit application. Reconnection to the City Water Services will only be allowed on current standard Services. All other Services must be replaced, per the WGW Utility Standards, from the main up to and including the Water Meter box at the fees listed in the Utility fee scheduleRate Schedule W-5. b. The Customer will be responsible for maintenance of the on-site Water Distribution System downstream of the Water Meter in accordance with the Municipal Code, including the Water Meter vaults and boxes. c. It shall be the responsibility of the Customer to keep the top of the Water Meter, vault or box at ground level and clear of vegetation or any other obstruction. If after a 30 day notice from the Utility, the Customer has not caused the Meter, vault, or box to be at ground level and clear of vegetation or obstructions, the Utility will perform the work at SPECIAL WATER UTILITY REGULATIONREGULATIONS RULE AND REGULATION 21 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 10-18-201012-29-2014 Sheet No. 12 the Customer’s expense. The Customer will be invoiced for the actual cost to the Utility for the work. (END) SPECIAL GAS UTILITY REGULATIONS RULE AND REGULATION 22 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 1 A. GENERAL In addition to the general requirements outlined in Rule and Regulation 18 for Utility Service connections and facilities on Customers’ Premises, the following is required. B. ANODE TEST BOXES 1. The anode test box is necessary for testing the cathodic protection system which protects the Gas system from the effects of corrosion. It is the responsibility of the Customer to keep this box to ground level and visible if located on Customer’s property. 2. If after a 30 day notice from CPAU the Customer has not caused the anode test box to be at ground level and clear of vegetation or obstruction, CPAU may arrange for the work to be performed at the Customer’s expense. The Customer shall pay the actual cost to CPAU for the work, and such Charge shall be added to the Customer’s monthly bill or billed directly to the Customer. C. MAINTENANCE OF GAS METER LOCATION It is the responsibility of the Customer to keep the Gas Meter accessible for reading and maintenance by controlling the growth of shrubs and plants. Additionally the Meter shall be kept clear of all debris, shields, and construction. 1. “Accessible” means capable of being reached quickly and conveniently 24 hours a day for construction, operation, inspection, testing or reading, without requiring those seeking access to climb over or remove obstacles or obtain special permission or security clearances. 2. If after a 30 day notice from CPAU the Customer has not caused the Meter location to be clear of vegetation or obstruction, CPAU may arrange for the work to be performed at the Customer’s expense. The Customer will pay the actual cost to CPAU for the work, and such Charge shall be added to the Customer’s monthly bill. D. GAS METER LOCATION 1. Each Gas Meter and Service regulator shall be installed at a location that provides protection from damage due to vehicular traffic, corrosion and extreme temperature exposure to pool chemicals, dryer vents, lawn sprinklers, and other potentially damaging items. ATTACHMENT F SPECIAL GAS UTILITY REGULATIONS RULE AND REGULATION 22 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 2 2. Each Meter must be located in a ventilated area in accordance with the Utility Standards and Federal Department of Transportation regulations. 3. The City reserves the right to require Gas Meter rooms for multiple-occupancy buildings where the building takes up the whole property (and there is no onsite location for Gas Meters) and more than 10 (ten) Gas Meters are required to provide Service. The Gas Meter room must conform to Federal DOT Codes and the California Plumbing Code. The Gas Meter room can only open to the exterior of the building and no perforations from the Gas Meter room to the interior of the building will be allowed. All electrical equipment (lights, switches, etc.) must be explosion proof suitable for Class I, Div. 1 hazard areas. The Gas Meter room must be adequately vented to the exterior from the top and bottom of the room. The Gas regulator must be located exterior to any structure or enclosure except an approved underground vault. Only low or medium pressure (less than 5 PSIG) Gas may enter the building/Gas Meter room. Service pressures above 7” WC (0.25 PSI) must have prior approval. The Gas Meter installation shall conform to standard detail GD-03B or GD-03C of the WGW Utility Standards, Appendix C. 4. Deviations from these standards and regulations must be approved by CPAU Engineering prior to any work being performed. E. MAINTENANCE OF GAS SERVICE PIPES Existing Gas Service piping that cannot be maintained due to existing site conditions will be rerouted to a new standard Meter location as determined by the Utilities Department. The cost of rerouting the Gas Service pipe from the Gas main in the street to the new Meter location will be at CPAU expense. It is the Customer’s responsibility to reroute and test houseline to the new Meter location. All costs associated with rerouting, building permits, inspection and testing of Customer houseline will be at the Customer’s expense. Maintenance shall include all repairs, modifications, or replacements of Gas Service piping between the Gas main and Service Meter. F. INSTALLATION OF NEW GAS SERVICE PIPES Gas Services shall be installed, to the extent possible, perpendicular from the Gas main in the street in a straight line to the Gas Meter. Property owners or Service Applicants who wish to install new Gas Service by directional boring must have a Wastewater cleanout located at the front of the building where the Wastewater lateral exits the building. This cleanout is required so the Wastewater lateral can be inspected to verify that it was not damaged by the Gas Service SPECIAL GAS UTILITY REGULATIONS RULE AND REGULATION 22 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 3 installation. If there is no Wastewater cleanout at the front of the building and the owner/Applicant will not install one before contacting the City to install a new Gas Service, the Gas Service shall be installed by open cut method and the owner/Applicant shall be responsible for the additional expense. (END) SPECIAL GAS UTILITY REGULATIONS RULE AND REGULATION 22 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-1-201012-29-2014 Sheet No 1. 2 A. A. GENERAL In addition to the general requirements outlined in Rule and Regulation 18 for utility serviceUtility Service connections and facilities on Customers’ premisesPremises, the following is required:. B. B. MAINTENANCE OF ANODE TEST BOXES 1. 1. The anode test box is necessary for testing the cathodic protection system which protects the gasGas system from the effects of corrosion. It is the responsibility of the Customer to keep this box to ground level and visible if located on Customer’s property. (See Rule 8, Access to Premises.) 2. 2. If after a 30 day notice from CPAU the Customer has not caused the anode test box to be at ground level and clear of vegetation or obstruction, CPAU may arrange for the work to be performed at the Customer’s expense. The Customer shall pay the actual cost to CPAU for the work, and such chargeCharge shall be added to the Customer’s monthly bill or billed directly to the Customer. C. C. MAINTENANCE OF GAS METER LOCATION It is the responsibility of the Customer to keep the gas meterGas Meter accessible for reading and maintenance by controlling the growth of shrubs and plants. Additionally the meterMeter shall be kept clear of all debris, shields, and construction. (See Rule 8, Access to Premises.) 1. 1. “Accessible” means capable of being reached quickly and conveniently 24 hours a day for construction, operation, inspection, testing or reading, without requiring those seeking access to climb over or remove obstacles or obtain special permission or security clearances. 2. 2. If after a 30 day notice from CPAU the Customer has not caused the meterMeter location to be clear of vegetation or obstruction, CPAU may arrange for the work to be performed at the Customer’s expense. The Customer will pay the actual cost to CPAU for the work, and such chargeCharge shall be added to the Customer’s monthly bill. ATTACHMENT G (Redline) SPECIAL GAS UTILITY REGULATIONS RULE AND REGULATION 22 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-1-201012-29-2014 Sheet No 2. 2 D. D. GAS METER LOCATION 1. 1. Each gas meterGas Meter and serviceService regulator shall be installed at a location that provides protection from damage due to vehicular traffic, corrosion and extreme temperature exposure to pool chemicals, dryer vents, lawn sprinklers, and other potentially damaging items. 2. 2. Each meterMeter must be located in a ventilated area in accordance with the Utility Standards and Federal Department of Transportation regulations. 33. The City reserves the right to require Gas Meter rooms for multiple-occupancy buildings where the building takes up the whole property (and there is no onsite location for Gas Meters) and more than 10 (ten) Gas Meters are required to provide Service. The Gas Meter room must conform to Federal DOT Codes and the California Plumbing Code. The Gas Meter room can only open to the exterior of the building and no perforations from the Gas Meter room to the interior of the building will be allowed. All electrical equipment (lights, switches, etc.) must be explosion proof suitable for Class I, Div. 1 hazard areas. The Gas Meter room must be adequately vented to the exterior from the top and bottom of the room. The Gas regulator must be located exterior to any structure or enclosure except an approved underground vault. Only low or medium pressure (less than 5 PSIG) Gas may enter the building/Gas Meter room. Service pressures above 7” WC (0.25 PSI) must have prior approval. The Gas Meter installation shall conform to standard detail GD-03B or GD-03C of the WGW Utility Standards, Appendix C. 4. Deviations from these standards and regulations must be approved by CPAU Engineering prior to any work being performed. E. E. MAINTENANCE OF GAS SERVICE PIPES Existing gas serviceGas Service piping that cannot be maintained due to existing site conditions will be rerouted to a new standard meterMeter location. as determined by the Utilities Department. The cost of rerouting the gas serviceGas Service pipe from the gasGas main in the street to the new meterMeter location will be at CPAU expense. It is the Customer’s responsibility to reroute and SPECIAL GAS UTILITY REGULATIONS RULE AND REGULATION 22 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-1-201012-29-2014 Sheet No 3. 2 test house pipinghouseline to the new meterMeter location. All costs associated with rerouting, building permits, inspection and testing of Customer house pipinghouseline will be at the Customer’s expense. Maintenance shall include all repairs, modifications, or replacements of gas serviceGas Service piping between the gasGas main and service meter. Service Meter. F. F. INSTALLATION OF NEW GAS SERVICE PIPES Gas servicesServices shall be installed, to the extent possible, perpendicular from the gasGas main in the street in a straight line to the gas meter. Gas Meter. Property owners or service applicantsService Applicants who wish to install new gas serviceGas Service by directional boring must have a sewerWastewater cleanout located at the front of the building where the sewerWastewater lateral exits the building. This cleanout is required so the sewerWastewater lateral can be inspected to verify that it was not damaged by the gas serviceGas Service installation. If there is no sewerWastewater cleanout at the front of the building and the owner/applicantApplicant will not install one, before contacting the gas serviceCity to install a new Gas Service, the Gas Service shall be installed by open cut trenchmethod and the owner/applicantApplicant shall be responsible for the additional expense. (END) SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 1 A. GENERAL In addition to the general requirements outlined in Rule and Regulation 18 for Utility Service Connections and Facilities on Customers’ Premises, the following is required: B. HAULED LIQUID WASTE The discharge of hauled liquid wastes is regulated by the Palo Alto Municipal Code 16.09.110. The following Rules and Regulations are to implement this Provision. 1. PURPOSE To provide a means of treating certain waste prohibited from entering the Wastewater system, City of Palo Alto Public Works Department operates a Hauled Liquid Waste Treatment Site at the Regional Water Quality Control Plant (RWQCP). Certain wastes may be hauled to this site for treatment and disposal. 2. WASTES ACCEPTABLE FOR TREATMENT a. Hauled septic tank wastes b. Portable toilet pumpings c. Grease Trap wastes 3. HOURS OF OPERATION Hours of operation for the Liquid Waste Hauler’s Treatment Site shall be as established by the Manager, Water Quality Control. 4. WASTE IDENTIFICATION The hauler must provide a liter sample, taken in the presence of a waste treatment plant operator, of the contents of each tank to be discharged. The nature and source of the waste will be verified before the truck is permitted to unload. If laboratory analysis indicates that the material is not as represented (septic tank waste or toilet piping from a domestic source) the hauler’s permit may be revoked. 5. HAULING OPERATIONS ATTACHMENT H SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 2 a. To discharge at the Regional Water Quality Control Plant, a hauler must: i. Obtain a Trucker’s Discharge Permit from the Manager, Water Quality Control; ii. File with City of Palo Alto Public Works Department a Certification of insurance and a hold harmless clause: iii. Post a bond or cash deposit with City of Palo Alto Public Works Department’s appropriate division. b. The Trucker’s Discharge Permit shall be issued for twelve-month periods and is revocable for the violation of any of these Rules. The fee for Trucker’s Discharge Permits shall be as stated in City of Palo Alto Public Works Department Rate Schedule S-4. c. Insurance policies in force with limits of liability shall not be less than those specified below as follows: Coverage for Which Limits of Insurance is Afforded Liability Worker’s Compensation & Compensation Employer’s Liability Statutory Bodily Injury Liability $1,000,000 each Person except automobile including $1,000,000 each occurrence the following coverages: Coverage for Which Limits of Insurance is Afforded Liability Protective, Completed Operations, Board Form Contractual and Personal Injury SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 3 Property Damage Liability $1,000,000 each occurrence except automobile including the following coverages: Protective, Completed Operations, Board Form Contractual and Personal Injury Property Damage Liability $1,000,000 each occurrence except automobile including the following coverages: Protective Completed Operations and Board Form Contractual Bodily Injury & Property Damage $1,000,000 each Person Liability Automobile $1,000,000 each occurrence d. The hauler must agree to save and hold harmless City of Palo Alto Public Works Department, its officers, agents, and employees from any liability of any nature whatsoever caused in whole or in part, by the negligence of the hauler, or his agents, or employees, arising out of such operation. 6. BILLING Waste Haulers will be billed directly for grease, septic tank and portable toilet wastes. 7. REFUSAL OF WASTES City of Palo Alto Public Works Department reserves the right to reject any Load of hauled waste under the following conditions: a. If the waste is not properly identified b. If there is not sufficient storage capacity at the plant for the Load c. For reasons of public health or safety at the discretion of the Manager, Water Quality Control Plant. d. If the Load contains waste materials not authorized by these Regulations. SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 4 C. MAINTENANCE OF AND RESPONSIBILITY FOR THE WASTEWATER COLLECTION SYSTEM Depending on whether the City’s Wastewater main is located in the public right of way or in an easement, the Customer may be solely responsible for the inspection, maintenance and repair of a portion of the lateral or the entire lateral. (A lateral is the pipe connecting a building’s plumbing system to the City's Wastewater main.) 1. CITY WASTEWATER MAIN IN THE PUBLIC RIGHT-OF-WAY a. If the City’s Wastewater main is located in the public right of way, the Customer is responsible for the upper portion of the lateral, from the home or structure down to and including the connection to the City’s Wastewater cleanout, as shown on Diagram A below. b. In cases where there is no cleanout at the property line, in the planting strip, or in the sidewalk, but there is cleanout on private property greater than five (5) feet from the property line, the City is responsible for only the portion of the lateral located between the property line and the City’s Wastewater main. c. If a cleanout does not exist, the City will install a new cleanout in one of the following locations at the City’s discretion: the planting strip, sidewalk, back of sidewalk, or at the same distance as the water meter box setback distance on private property. If the existing cleanout is located on private property, it shall be located within five (5) feet of the property line. If the Customer (or the Owner, if the Customer is not the owner of the property) refuses to permit the City to install a cleanout, then the Customer (or the Owner, if the Customer is not the owner of the property) shall be immediately and solely responsible for the lateral running from the City’s Wastewater main to the home or other structure on the Premises. SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 5 Diagram A: Customer’s responsibility for upper wastewater lateral. 2. CITY WASTEWATER MAIN IN AN EASEMENT City Wastewater mains located in easements are often, but not always, located at the rear of the property rather than under the public street or public right-of-way surface. If the City’s Wastewater main is located within an easement, CPAU is responsible for the inspection, maintenance and repair of the Wastewater main located therein. The Customer is responsible for inspecting, maintaining and repairing the Wastewater lateral, including but not limited to: clearing any stoppages and any clean-up related to lateral backups. Diagram B below illustrates the Customer’s sphere of responsibility. SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 6 Diagram B – Customer’s sphere of responsibility for the lateral where the wastewater main is within an easement. 3. CUSTOMER RESPONSIBILITY REGARDLESS OF LOCATION OF CITY WASTEWATER MAIN These rules apply without regard to the location of the City’s Wastewater main. a. If maintenance or repair of the City’s Wastewater main is required as a result of a violation of the Municipal Code and/or these Regulations or other applicable Law, the Customer is responsible for completing any necessary maintenance at the Customer’s sole expense. All lateral replacements and repairs shall be constructed pursuant to the City’s current Wastewater Utility Standards and shall require City inspection and approval. b. The Customer shall replace non-plastic Wastewater laterals whenever the Customer is building a new structure or constructing additions or remodels that have a permit valuation greater than one hundred thousand dollars ($100,000) for residential projects and three hundred thousand dollars ($300,000) for commercial projects, as stated on the City building permit application. Reconnection to a City Wastewater lateral will only be allowed on existing plastic pipe laterals meeting current WGW Utility Standards. All laterals constructed of non-standard pipe materials must be replaced, per the WGW Utility Standards, from the main up to and including the SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 7 cleanout at the property line at the fees listed in Rate Schedule S-5, or by the Customer’s contractor at the Customer’s sole expense. c. The inspection, maintenance and repair of private Wastewater mains and laterals shall be the responsibility of the Customers (or the property owners, if the Customers are not the property owners) up to and including the connection point between the private Wastewater mains and laterals and the City’s Wastewater mains or manholes. However, the City will conduct at its cost (without cost to the Customers or the property owners) and assume temporary responsibility for the inspection and maintenance or repair, if required, of the private Wastewater mains and laterals if the City determines, in its sole discretion, that an unsafe condition exists with respect to such private Wastewater mains and laterals and CPAU has created such unsafe condition. CPAU’s temporary responsibility and obligation to inspect and maintain or repair, if required, any private Wastewater main and lateral will continue until CPAU has restored the private Wastewater main and lateral, which are initially determined to be in an unsafe condition, to a safe condition, and the City has taken such other reasonably necessary actions regarding any other Utility facilities that may have contributed, directly or indirectly, to the existence of the unsafe condition. Once the unsafe condition has been corrected, the Customer and/or property owner shall again be solely responsible for the private Wastewater mains and laterals. d. The Customer will be responsible for the on-site Wastewater Collection System in accordance with the Municipal Code, including: i. Preventing storm water, roof or yard drainage, basement, foundation or under- drainage from being discharged into the Wastewater Collection System, unless a permit is granted by Regional Water Quality Control Plant. In addition, any plumbing or piping that is connected or could be connected that would allow the future discharge of storm Water or ground Water into the Wastewater Collection System is prohibited. ii. Maintaining the condition of the on-site Wastewater Collection System so that it is water tight and does not allow the infiltration of groundwater. iii. Keeping the clean-out box at ground level and visible. If after a 30 day notice from CPAU the Customer has not made the clean-out box accessible, SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 8 CPAU may remedy the inaccessibility by performing the work and charging the Customer the actual cost incurred. iv. Installing, maintaining, and ensuring proper usage of Grease Control Devices in accordance with the Sewer Use Ordinance (Section16.09.103 of the Municipal Code). If the source of grease contamination in the Wastewater Collection System can be linked to a particular Customer, the Customer may be held responsible for cleaning the Wastewater System, including any associated costs or damages incurred by the City. v. Limiting the Water inflow rate to the Wastewater Collection System during fire system testing to 30 GPM. Higher flushing rates must be diverted to a detention tank to limit the flow rate to 30 GPM. vi. Limiting Wastewater ejector pumps usage so that the following conditions are met: The pump(s) output capacity may not exceed 100 GPM. The Wastewater lateral must change to a 4” gravity flow lateral at least 20’ from the City-owned clean out. The velocity in the 4” gravity flow lateral must not exceed 3 feet per second. The tank and float shall be set up such that the pump run time does not exceed 20 seconds or 33 gallons pumped during each cycle. vii. Installing an approved backwater valve per the latest adopted version of the California Plumbing Code 710.0 when the fixtures or drains connected to the Wastewater system are less than one foot above the next upstream Wastewater main manhole cover. The upstream Wastewater main manhole rim elevation shall be shown on the plans. 4. NOTIFICATION TO CPAU If a Wastewater stoppage occurs, the Customer shall notify CPAU. CPAU will then determine whether the stoppage has occurred in the portion of the system maintained by CPAU or the Customer (or the Property Owner, if the Customer is not the owner of the property). CPAU will clear the stoppage that has occurred in the portion of the system maintained by CPAU. D. SAMPLING OF INDUSTRIAL DISCHARGES IN EXCESS OF 25,000 GALLONS PER DAY SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 9 In order to properly apportion costs of operation and maintenance of the RWQCP to industrial or commercial users who, as determined by the Environmental Compliance Division of the RWQCP, are dischargers of chemicals or effluent of a content and/or quality as to require special monitoring and charges, it is essential to determine both the quantity and quality of Wastewater produced by each user so identified. The following is adopted as a fair and equitable method of developing the necessary criteria: 1. FLOW The quantity Charge shall be based upon the metered Water served to the industrial or commercial user being billed under Section D of this Rule. Exceptions will be made for the following: a. For Customers with one or more cooling towers, the volume of evaporated Water associated with cooling (inflow less outflow) may be used to offset flow calculations for Wastewater billing. To be eligible for such offsets, the Customer must comply with the following items: i. Inflow Water data (a) Customer must have inflow Water Meter(s) on all cooling tower inlet(s); (b) Meter(s) must be annually certified by County Department of Weights and Measures; (c) Proof of Certification(s) must be submitted to Utilities along with annual Meter Reads; ii. Outflow Water data (a) Five (5) cycles of concentration will be assumed for outflow calculations; (b) Customers whose cycles of concentration are greater than five (5) and who want to have this reflected in their calculations must have outflow Meter(s) installed; (c) Outflow Meter(s), if installed and used for purposes of calculation, must be annually certified by County Department of Weights and Measures; (d) Proof of Certification(s) must be submitted to Utilities along with annual Meter Reads; SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 10 iii. Data acquisition and submittal (a) Customer is responsible for reading and recording each inflow Meter(s) flow (and each outflow Meter, if applicable) on a monthly basis; (b) Meter Reads should be performed at approximately the same time each month; (c) The following data, at a minimum, must be recorded at each reading: i. Date of read ii. Inflow read(s) for each inflow Meter iii. Outflow read(s) for each outflow Meter (if applicable) (d) The City of Palo Alto reserves the right to periodically review Customer's Meter(s) for accuracy; iv. Participation rules and restrictions (a) Customer must have six (6) months of data in the first year to be eligible for participation; (b) Customer must annually submit twelve (12) months of data thereafter; (c) Inflow data (and outflow data, if applicable) must be submitted to the Utilities Customer Service Division annually by May for consideration in calculations for July (the start of the City's fiscal year); b. In cases where the user has extensive landscape irrigation and summer monthly consumption exceeds the average monthly consumption of January, February, and March by more than 50 percent (50%), the average of the January, February, and March consumption shall be used for calculating wastewater discharge for the remaining months of the year. c. If an outflow Meter has been installed, such metered outflow will be used to determine flow in lieu of recorded water meter consumption. 2. CHEMICAL OXYGEN DEMAND, SUSPENDED SOLIDS, AMMONIA a. Measurements of the concentration of these constituents shall be taken from 24- hour composite samples collected periodically for each discharger being billed under Section D of this Rule. i. The constituent concentrations found in these samples and previous samples shall be averaged to provide the basis for establishing the Wastewater Treatment Charge to be levied to the discharger being sampled. SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-29-2014 Sheet No 11 ii. All samples shall be analyzed at the laboratory of the RWQCP. Treatment Charges will be based upon the quantity and concentration found in the waste stream monitored. b. If an establishment’s piping configuration, or other physical considerations, render representative Effluent sampling prohibitively complex or infeasible, then CPAU shall set the establishment’s level of sewage effluent constituents for billing purposes at the average effluent levels of industries in CPAU, or where feasible, at the average effluent constituent levels of similar establishments. c. Sampling results are intended to provide an estimate of the quality of Effluent discharge by the facility. Sampling results can vary significantly depending on the facility processes operating on the day of sampling. If the annual sampling results in combination with the flow data indicate a revised annual bill to the Customer, the amount of the increase or decrease shall not exceed 25 percent. The 25 percent limitation is independent of any change in rates or Charges to Rate Schedule S-2. (END) SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 7-11-201112-29-2014 Sheet No 1 A. A. GENERAL In addition to the general requirements outlined in Rule and Regulation 18 for Utility Service Connections and Facilities on Customers’ Premises, the following is required: B. B. HAULED LIQUID WASTE The discharge of hauled liquid wastes is regulated by the Palo Alto Municipal Code 16.09.110. The following Rules and Regulations are to implement this Provision. 1. 1. PURPOSE To provide a means of treating certain waste prohibited from entering the Wastewater system, City of Palo Alto Public Works Department operates a Hauled Liquid Waste Treatment Site at the Regional Water Quality Control Plant (RWQCP). Certain wastes may be hauled to this site for treatment and disposal. 2. 2. WASTES ACCEPTABLE FOR TREATMENT a. a. Hauled septic tank wastes b. b. Portable toilet pumpings c. c. Grease Trap wastes 3. 3. HOURS OF OPERATION Hours of operation for the Liquid Waste Hauler’s Treatment Site shall be as established by the Manager, Water Quality Control. 4. 4. WASTE IDENTIFICATION The hauler must provide a liter sample, taken in the presence of a waste treatment plant operator, of the contents of each tank to be discharged. The nature and source of the waste will be verified before the truck is permitted to unload. If laboratory analysis indicates that the material is not as represented (septic tank waste or toilet piping from a domestic source) the hauler’s permit may be revoked. ATTACHMENT I (Redline) SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 7-11-201112-29-2014 Sheet No 2 5. 5. HAULING OPERATIONS a. a. To discharge at the Regional Water Quality Control Plant, a hauler must: i. 1. Obtain a Trucker’s Discharge Permit from the Manager, Water Quality Control; ii. 2. File with City of Palo Alto Public Works Department a Certification of insurance and a hold harmless clause: iii. 3. Post a bond or cash deposit with City of Palo Alto Public Works Department’s appropriate division. b. b. The Trucker’s Discharge Permit shall be issued for twelve-month periods and is revocable for the violation of any of these Rules. The fee for Trucker’s Discharge Permits shall be as stated in City of Palo Alto Public Works Department Rate Schedule S-4. c. c. Insurance policies in force with limits of liability shall not be less than those specified below as follows: Coverage for Which Limits of Insurance is Afforded Liability Worker’s Compensation & Compensation Employer’s Liability Statutory Bodily Injury Liability $1,000,000 each Person except automobile including $1,000,000 each occurrence the following coverages: Coverage for Which Limits of Insurance is Afforded Liability Protective, Completed Operations, SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 7-11-201112-29-2014 Sheet No 3 Board Form Contractual and Personal Injury Property Damage Liability $1,000,000 each occurrence except automobile including the following coverages: Protective, Completed Operations, Board Form Contractual and Personal Injury Property Damage Liability $1,000,000 each occurrence except automobile including the following coverages: Protective Completed Operations and Board Form Contractual Bodily Injury & Property Damage $1,000,000 each Person Liability Automobile $1,000,000 each occurrence d. d. The hauler must agree to save and hold harmless City of Palo Alto Public Works Department, its officers, agents, and employees from any liability of any nature whatsoever caused in whole or in part, by the negligence of the hauler, or his agents, or employees, arising out of such operation. 6. 6. BILLING Waste Haulers will be billed directly for grease, septic tank and portable toilet wastes. 7. 7. REFUSAL OF WASTES City of Palo Alto Public Works Department reserves the right to reject any Load of hauled waste under the following conditions: a. a. If the waste is not properly identified b. b. If there is not sufficient storage capacity at the plant for the Load c. c. For reasons of public health or safety at the discretion of the Manager, Water Quality Control Plant. SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 7-11-201112-29-2014 Sheet No 4 d. d. If the Load contains waste materials not authorized by these Regulations. C. C. MAINTENANCE OF AND RESPONSIBILITY FOR THE WASTEWATER COLLECTION SYSTEM Depending on whether the City’s Wastewater main is located in the public right of way or in an easement, the Customer may be solely responsible for the inspection, maintenance and repair of a portion of the lateral or the entire lateral. (A lateral is the pipe connecting a building’s plumbing system withto the City's Wastewater main.) 1. 1. CITY WASTEWATER MAIN IN THE PUBLIC RIGHT-OF-WAY a. If the City’s Wastewater main is located in the public right –of -way, the Customer is responsible for the upper portion of the lateral, from the home or structure down to and including the connection to the City’s Wastewater main cleanout, as shown on the diagramDiagram A below. b. In cases where athere is no cleanout at the property line does not exist, in the planting strip, or in the existingsidewalk, but there is cleanout is on private property greater than five (5) feet from the property line, the City is responsible for only the portion of the lateral located between the property line and the City’s Wastewater main. The b.c. If a cleanout does not exist, the City will install a new cleanout in one of the following locations at the City’s discretion: the planting strip, at thesidewalk, back of the sidewalk, or matchingat the same distance as the water meter box setback distance and the cleanout will be installed on private property. If the existing cleanout is located on private property, it shall be located within five (5) feet of the property line. If the Customer (or the Owner, if the Customer is not the owner of the property) refuses to permit the City to install a cleanout, then the Customer (or the Owner, if the Customer is not the owner of the property) shall be immediately and solely responsible for the lateral running from the City’s Wastewater main to the home or other structure. on the Premises. SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 7-11-201112-29-2014 Sheet No 5 Diagram A: Customer’s responsibility for upper wastewater lateral. 2. CITY WASTEWATER MAIN IN AN EASEMENT The City’sCity Wastewater mains that are located in easements are often, but not always, located at the rear of the property rather than under the public street or public right-of-way surface. If the City’s Wastewater main is located within an easement, CPAU will beis responsible for the inspection, maintenance and repair of the City’s Wastewater main located therein. The Customer is responsible for inspecting, maintaining and repairing the City’s Wastewater lateral, including, but not limited to,: clearing any stoppages and any clean-up related to lateral backups. The diagram Diagram B below illustrates the Customer’s sphere of responsibility. SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 7-11-201112-29-2014 Sheet No 6 3. Diagram B – Customer’s sphere of responsibility for the lateral where the wastewater main is within an easement. 3. CUSTOMER RESPONSIBILITY REGARDLESS OF LOCATION OF CITY WASTEWATER MAIN These rules apply without regard to the location of the City’s Wastewater main. a. If maintenance or repair of the City’s Wastewater main’s maintenance main is necessitated by or otherwise results inrequired as a result of a violation of the Municipal Code and/or SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 7-11-201112-29-2014 Sheet No 7 these Regulations, CPAU may assign responsibility to the or other applicable Law, the Customer, and may refuse to perform such is responsible for completing any necessary maintenance. at the Customer’s sole expense. All lateral replacements and repairs shall be constructed pursuant to the City’s current Wastewater Utility Standards and shall require City inspection and approval. b. The Customer will be responsible for replacingshall replace non-plastic Wastewater laterals whenever the Customer is building a new structure or constructing additions/ or remodels that have a valuepermit valuation greater than fifty percent (50%) of the current value of the existing structuresone hundred thousand dollars ($100,000) for residential projects and three hundred thousand dollars ($300,000) for commercial projects, as stated on the lot. City building permit application. Reconnection to a City’sCity Wastewater lateral will only be allowed on existing plastic pipe laterals meeting current WGW Utility Standards. All laterals constructed of non-standard pipe materials must be replaced, per the WGW Utility Standards, from the main up to and including the cleanout at the property line at the fees listed in Utility Rate Schedule S-5, or by the Customer’s contractor at the Customer’s sole expense. c. The inspection, maintenance and repair of private sewerWastewater mains and laterals shall be the responsibility of the Customers (or the Property Ownersproperty owners, if the Customers are not the Property Ownersproperty owners) up to and including the connection ofpoint between the private sewerWastewater mains and laterals toand the City’s Wastewater mains or manholes. However, the City will conduct at its cost (without cost to the Customers or the Property Ownersproperty owners) and assume temporary responsibility for the inspection and maintenance or repair, if required, of the private sewerWastewater mains and laterals if the City determines, in its sole discretion, that an unsafe condition exists with respect to such private sewerWastewater mains and laterals and CPAU has created such unsafe condition. CPAU’s temporary responsibility and obligation to inspect and maintain or repair, if required, any private sewerWastewater main and lateral will continue until CPAU has restored the private sewerWastewater main and lateral, which are initially determined to be in an unsafe condition, to a safe condition, and the City at its cost has taken such other reasonably necessary actions regarding any other utilityUtility facilities that may have contributed, directly or indirectly, to the existence of the unsafe condition. Once the unsafe condition has been corrected, the Customer SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 7-11-201112-29-2014 Sheet No 8 and/or property owner shall again be solely responsible for the private Wastewater mains and laterals. d. The Customer will be responsible for the on-site Wastewater Collection System in accordance with the Municipal Code, including: i. 1. Preventing storm water, roof or yard drainage, basement, foundation or under- drainage from being discharged into the Wastewater Collection System, unless a permit is granted by Regional Water Quality Control Plant. In addition, any plumbing or piping that is connected or could be connected that would allow the future discharge of storm Water or ground Water into the Wastewater Collection System is prohibited. ii. 2. Maintaining the condition of the on-site Wastewater Collection System so that it is water -tight and does not allow the infiltration of groundwater. iii. 3. Keeping the clean-out box at ground level and visible. If after a 30 day notice from CPAU, the Customer has not made the clean-out box accessible, CPAU may remedy the inaccessibility by performing the work and charging the Customer the actual cost incurred. iv. 4. Installing, maintaining, and ensuring proper usage of Grease Control Devices in accordance with the Sewer Use Ordinance (16Section16.09.103 of the Municipal Code). If the source of grease contamination in the Wastewater Collection System can be linked to a particular Customer, the Customer may be held responsible for cleaning or causing the cleaning of the Wastewater Collection System, including any associated costs or damages incurred by the City. v. 5. Limiting the waterWater inflow rate to the Wastewater Collection System during fire system testing to 30 GPM. Higher flushing rates must be diverted to a detention tank to limit the flow rate to 30 GPM. vi. 6. Limiting Wastewater ejector pumps usage so that the following conditions are met.: The pump(s)’ output capacity may not exceed 100 GPM. The Wastewater lateral must change to a 4” gravity flow lateral at least 20’ from the SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 7-11-201112-29-2014 Sheet No 9 City-owned clean out. The velocity in the 4” gravity flow lateral must not exceed 3 feet per second. The tank and float shall be set up such that the pump run -time does not exceed 20 seconds or 33 gallons pumped during each cycle. vii. 7. Installing an approved backwater valve per the latest adopted version of the California Plumbing Code, Section 710.0, when the floor elevations with fixtures or drains connected to the Wastewater Collection Systemsystem are less than one foot above the next upstream Wastewater main manhole cover. The upstream Wastewater main manhole rim elevation shall be shown on the plans. 4. 4. NOTIFICATION TO CPAU If a Wastewater stoppage occurs, the Customer shall timely notify CPAU. CPAU will then determine whether the stoppage has occurred in the portion of the system maintained by CPAU or the Customer (or the Property Owner, if the Customer is not the owner of the property). CPAU will clear the stoppage that has occurred in the portion of the system maintained by CPAU. D. D. SAMPLING OF INDUSTRIAL DISCHARGES IN EXCESS OF 25,000 GALLONS PER DAY In order to properly apportion costs of operation and maintenance of the RWQCP to industrial or commercial users who, as determined by the Environmental Compliance Division of the RWQCP, are dischargers of chemicals or effluent of a content and/or quality as to require special monitoring and charges, it is essential to determine both the quantity and quality of Wastewater produced by each user so identified. SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 7-11-201112-29-2014 Sheet No 10 each user so identified. The following is adopted as a fair and equitable method of developing the necessary criteria: 1. 1. FLOW The quantity Charge shall be based upon the metered Water served to the industrial or commercial user being billed under Section D of this Rule. Exceptions will be made for the following: a. a. For Customers with one or more cooling towers, the volume of evaporated Water associated with cooling (inflow less outflow) may be used to offset flow calculations for Wastewater billing. To be eligible for such offsets, the Customer must comply with the following items: i. 1. Inflow Water data (a) (a) Customer must have inflow Water Meter(s) on all cooling tower inlet(s); (b) (b) Meter(s) must be annually certified by County Department of Weights and Measures; (c) (c) Proof of Certification(s) must be submitted to Utilities along with annual Meter Reads; ii. 2. Outflow Water data (a) (a) Five (5) cycles of concentration will be assumed for outflow calculations; (b) (b) Customers whose cycles of concentration are greater than five (5) and who want to have this reflected in their calculations must have outflow Meter(s) installed; (c) (c) Outflow Meter(s), if installed and used for purposes of calculation, must be annually certified by County Department of Weights and Measures; (d) (d) Proof of Certification(s) must be submitted to Utilities along with annual Meter Reads; iii. 3. Data acquisition and submittal (a) (a) Customer is responsible for reading and recording each inflow SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 7-11-201112-29-2014 Sheet No 11 Meter(s) flow (and each outflow Meter, if applicable) on a monthly basis; (b) (b) Meter Reads should be performed at approximately the same time each month; (c) (c) The following data, at a minimum, must be recorded at each reading: i. i. Date of read ii. ii. Inflow read(s) for each inflow Meter iii. iii. Outflow read(s) for each outflow Meter (if applicable) (d) (d) The City of Palo Alto reserves the right to periodically review Customer's Meter(s) for accuracy; iv. 4. Participation rules and restrictions (a) (a) Customer must have six (6) months of data in the first year to be eligible for participation; (b) (b) Customer must annually submit twelve (12) months of data thereafter; (c) (c) Inflow data (and outflow data, if applicable) must be submitted to the Utilities Customer Service Division annually by May for consideration in calculations for July (the start of the City's fiscal year); b. b. In cases where the user has extensive landscape irrigation and summer monthly consumption exceeds the average monthly consumption of January, February, and March by more than 50 percent (50%), the average of the January, February, and March consumption shall be used for calculating wastewater discharge for the remaining months of the year. c. c. If an outflow Meter has been installed, such metered outflow will be used to determine flow in lieu of recorded water meter consumption. 2. 2. CHEMICAL OXYGEN DEMAND, SUSPENDED SOLIDS, AMMONIA a. a. Measurements of the concentration of these constituents shall be taken from 24- hour composite samples collected periodically for each discharger being billed under Section D of this Rule. i. 1. The constituent concentrations found in these samples and previous samples shall be averaged to provide the basis for establishing the SPECIAL WASTEWATER UTILITY REGULATIONS RULE AND REGULATION 23 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 7-11-201112-29-2014 Sheet No 12 Wastewater Treatment Charge to be levied to the discharger being sampled. ii. 2. All samples shall be analyzed at the laboratory of the RWQCP. Treatment Charges will be based upon the quantity and concentration found in the waste stream monitored. b. b. If an establishment’s piping configuration, or other physical considerations, render representative Effluent sampling prohibitively complex or infeasible, then CPAU shall set the establishment’s level of sewage effluent constituents for billing purposes at the average effluent levels of industries in CPAU, or where feasible, at the average effluent constituent levels of similar establishments. c. c. Sampling results are intended to provide an estimate of the quality of Effluent discharge by the facility. Sampling results can vary significantly depending on the facility processes operating on the day of sampling. If the annual sampling results in combination with the flow data indicate a revised annual bill to the Customer, the amount of the increase or decrease shall not exceed 25 percent. The 25 percent limitation is independent of any change in rates or Charges to Rate Schedule S-2. (END) City of Palo Alto (ID # 4948) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/27/2014 City of Palo Alto Page 1 Council Priority: Land Use and Transportation Planning Summary Title: Approval of Contracts, CIP & BAO for Palo Alto Airport Rehabilitation Projects Title: Approval of Contract with Graham Contractors, Inc. in the Amount of $445,586 for Palo Alto Airport Runway and Taxiway Rehabilitation Project AP-15003; Approval of Contract for a Five Year Term with Mead & Hunt in the Amount Not to Exceed $250,000 for On-Call Consulting Services; Approval of Contract for a Five Year Term with C&S Engineers, Inc. for On-Call Consulting Services in the Amount Not to Exceed $250,000; Adoption of a Budget Amendment Ordinance to Adopt and Fund Capital Improvement Program Project AP-15003 in the Amount of $540,000 and to Defund and Close Capital Improvement Program Project AP-15001 Temporary Airport Terminal Resulting in Savings of $180,000; and Allocate Funds in the Amount of $40,000 to the Airport Enterprise Fund Operating Budget to Fund the Cost of Repairs to Palo Alto Airport Terminal From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council: 1. Approve, and authorize the City Manager or his designee to execute, the attached contract with Graham Contractors, Inc. (Attachment A) in the Amount of $445,586 for the Palo Alto Airport Runway and Taxiway Rehabilitation Project AP-15003; 2. Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with Graham Contractors, Inc. for related, City of Palo Alto Page 2 additional but unforeseen work which may develop during the project, the total value of which shall not exceed $44,558; 3. Approve, and authorize the City Manager or his designee to execute, the attached contract with Mead & Hunt, Inc. (Attachment B) in the amount not to exceed $250,000 for on-call consulting services for a term of five years; 4. Approve, and authorize the City Manager or his designee to execute, the attached contract with C & S Engineers, Inc. (Attachment C) for on-call consulting services in the amount not to exceed $250,000 for a term of five years; and 5. Adopt a Budget Amendment Ordinance to adopt and fund Capital Improvement Program Project AP-15003 Runway and Taxiway Rehabilitation in the amount of $540,000 offset by reimbursements from the Federal Aviation Administration and the County of Santa Clara, and to defund Capital Improvement Program Project AP-15001 Temporary Airport Terminal ($180,000), and transfer funds in the amount of $40,000 to the Airport Enterprise Fund operating budget to fund cost of repairs to the Palo Alto Airport Terminal (Attachment D). Executive Summary On August 11, 2014, Council approved the transfer of operations at the Palo Alto Airport (PAO) from the County of Santa Clara (County) to the City of Palo Alto (City), Staff Report #4723. On September 17, 2014, the Federal Aviation Administration (FAA) approved the transfer identifying the City as the PAO sponsor resulting in the City’s eligibility to receive federal grant funding from the FAA for Capital Improvement Program projects (CIP). On August 18, 2014, Council approved a resolution authorizing the submittal of a grant application for repairs of PAO runway and taxiways, Staff Report #4947, and subsequently a grant in the amount of $500,027 was approved by the FAA. The FAA will fund 90% of the project costs up to a maximum reimbursement of $500,027. A local match obligates the City to pay the remaining 10%, however, as part of the Termination Assignment and Assumption Agreement approved by Council on August 11, the County is responsible for paying the 10% local match up to a maximum of $61,000. The total project budget is estimated to be $540,000, which is well under the total amount available for reimbursement from the FAA and County. Construction will take place in the fall 2014 and will take approximately two weeks. Once the work is completed, staff will submit an City of Palo Alto Page 3 invoice with the closeout documents to the FAA; reimbursement from both the FAA and the County would be received during FY 2015. Due the uncertainty of the transfer from the County, the need for a loan from the General Fund and the absence of grant funding, staff did not include a CIP project for the runway and taxiways in the FY 2015 budget. Staff is requesting approval of a Budget Amendment Ordinance (BAO) to establish and fund a runway and taxiways CIP to be reimbursed by the FAA and County. As part of grant eligibility the FAA requires that the City conduct a consultant selection process that preapproves consultants for five years. Airport sponsors must use qualifications-based selection procedures, omitting proposed fees, in the selection and engagement of consultants. Staff solicited and chose two consultants, Mead and Hunt and C&S Engineers to provide a variety of design, construction administration, environmental studies and other planning functions as required for FAA Airport CIPs and received FAA acceptance. In the FY 2015 budget process staff included the Temporary Airport Terminal CIP project AP-15001, in the amount of $180,000, to replace the terminal “in-kind” due to the trailer’s poor condition and as it is not in an adequate condition to house staff and accommodate airport users. In order to minimize expenditures and with an Airport Master Plan potentially being developed, staff thoroughly explored if it would be more cost-effective to make a number of major repairs providing a safe, healthy and secure office space for staff and airport users. By repairing the roof and adding a foam sealant; repairing the siding; and adding amenities such as new paint, and flooring staff determined that the space would be acceptable for the near term. Staff is requesting the closing-out of the Temporary Terminal CIP and reprogramming $40,000 of the funding to the operating budget to cover these repairs. Background On August 11, 2014 Council approved the transfer of operations at the Palo Alto Airport (PAO) from the County of Santa Clara (County) to the City of Palo Alto (City), which was subsequently approved by the FAA on September 17, 2014. The City needed to obtain sponsorship, operation and management of PAO by mid- August in order to qualify to receive federal funding for the urgently needed runway and taxiways improvement project otherwise the project would have City of Palo Alto Page 4 been delayed for a full year. Sponsorship has been obtained and the City has been granted federal funding for the project in the amount of $500,027. Due to a noncompliance matter with the FAA the County was ineligible for FAA grant funding and maintenance of the runway/taxiways had been deferred over past years leaving the area in a deteriorated state. A local match of 10% is required by the FAA grant and was identified as the responsibility of the County in the Termination Assignment and Assumption Agreement up to a maximum of $61,000. The City expected to receive PAO in good condition at the time of transfer and so that the financial responsibility for the impact of the County’s deferred maintenance would be minimized, the City and County agreed that the County would be responsible for the grant matching funds resulting in no cost to the City for the project. Discussion Now that the airport is under City sponsorship staff is developing a five-year plan to repair and maintain its infrastructure; and identify funding opportunities and strategies so that the PAO is financially self supporting. FAA grants are the primary source of funding for rehabilitation of the airport’s infrastructure and adherence to the FAAs project requirements for eligibility is essential. On-Call Consultant Services As part of grant eligibility the FAA requires that the City shall conduct a consultant selection process that preapproves consultants for five years. There are two separate and distinct categories of consultant services that are utilized for projects conducted under airport grant programs. The first category is for planning services and the second involves Architectural/Engineering (A/E) services for the design and construction administration/inspection of airport projects. Airport sponsors must use qualifications based selection procedures, omitting proposed fees, in the selection and engagement of consultants. After initial consultant evaluation and selection the proposer(s) then submit their fees. Staff is required to conduct an independent fee review to ensure that fees submitted by the proposer are within current industry thresholds and staff is then free to negotiate costs. As a result of the competitive selection process, the City may award one or more contracts for on-call services. Once consultant(s) selection and negotiations have been completed the Request for Proposal (RFP) with the City’s recommended selection is submitted to the FAA for review and acceptance. Staff solicited and chose two consultants, Mead and Hunt and C&S Engineers to City of Palo Alto Page 5 provide a variety of design, construction administration, environmental studies and other planning functions as required for FAA Airport CIPs and received FAA acceptance. Public Works Department, Airport Division solicited statements of qualifications from qualified firms to provide on-call design, engineering, planning, environmental, construction management and other airport consulting services at PAO. The two on-call contracts, each for an amount not to exceed $250,000 and a term for up to five years, will be subject to Council’s approval of funding for individual CIP projects during the five year term. Work will be authorized by issuance of task orders as needed for each service required by the City. The proposed budget for the runway and taxiways project includes funding for construction administration and inspection services. Runway/Taxiway Project The most critical project at this point is repair of the airport runway and adjacent taxiways. There are dips and pot holes that are worsening with time and are in need of immediate repair. The PAO includes one runway of approximately 2,400 feet in length, one parallel taxiway of the same length, and four connector taxiways for entering and exiting the runway. The project will address the most hazardous areas of the runway and adjacent shoulders with reconstruction and the entire runway and associated taxiways will receive a slurry seal and new markings/striping. Staff will utilize the proposed consultant services contained within this report to provide construction coordination and supervision commissoning the first task order. The project will be completed within eight working days and is limited to airport property and existing paved areas. The project will be done in phases and during the traditionally slower times at the airport to minimize inconvenience to the flying community. The first phase will consist of the preparation of the construction areas by removing markings, grinding and other surface preparation. This work will be performed over four nights and the airport will be closed from 6pm until 7am. Once the preparation work is completed the next phase of construction and repaving will take three days. During this time the airport will be completely closed from Monday at 6pm until Friday 7am. The final phase be performed during one night closure (after 30 days of cure time), at which time the final application of pavement markings shall be applied. City of Palo Alto Page 6 Even though the runway and taxiways will be closed, the tower will be staffed and portions of the airport will still be operational for aircraft to taxi from hangers and tie downs to parts of the airport not included in the construction area. Life Flight helicopters will be allowed to land for refueling at the tower’s discretion and as an alternative will fly to neighboring airports. City staff will assist PAO based aircraft needing to operate during the construction project by coordinating space at Reid Hillview or South County airports. Outreach Staff has conducted outreach and obtained feedback from the FAA’s Control Tower staff, Palo Alto Airport Association (PAAA), the Fixed Based Operators, non- aviation businesses on airport property and the flying community which are all supportive of the project. City airport staff will publicize the closures through the Notice to Airmen (NOTAM) as required by the FAA 72 hours prior to the closure. Additional outreach and noticing of actual schedules will be conducted continually upon Councils approval of the project and until the project is complete via posting notices at the site; emailing tenants and airport groups; information on the City website and mailings. Notices will also be sent to neighboring airports. Project Costs The project costs are as follows: Construction (includes contingency) $ 490,144 Construction Administration (includes additional services) 47,189 Misc. project costs $ 2,667 Total Project Costs $ 540,000 Summary of available funding source subject to reimbursement: Federal Aviation Administration Grant $ 500,027 Reimbursement from County of Santa Clara $ 50,002 Total Maximum Reimbursement $ 550,029 Bid Process Award of Construction Contract to Graham Construction - Notices inviting formal bids for the City Hall Remodel Project were posted at City Hall and sent to 23 contractors on July 17, 2014. The bidding period was 19 days. Bids were received from three qualified contractors on August 5, 2014. City of Palo Alto Page 7 Summary of Bid Process Bid Name/Number Palo Alto Airport Pavement Rehabilitation of Runway & Taxiways – IFB 15155343 Number of Bid Packages Mailed to Contractors 14 Number of Builder’s Exchanges receiving Bid Packages 9 Total Days to Respond to Bid 19 Non Mandatory Pre-Bid Meeting July 24, 2014 Number of Bids Received: 3 Base Bid Price Range $445,586 to $481,942 *Bid Summary is Attachment E. Staff reviewed the bid submitted and recommends that Graham Construction be declared the lowest responsible bidder. Staff recommends that the City award the bid to Graham Construction in a total contract award amount of $445,586. The base bid is approximately 7% below the construction cost estimate for the scope of work included. A contingency amount of $44,558 equal to 10 percent of the total contract is requested for unforeseen conditions which may be discovered during construction. Staff confirmed with the Contractor’s State License Board that the contractor has an active license on file. Staff checked references supplied by the contractor for previous work performed and found that their projects were similar to this project and were completed to the satisfaction other agencies. Award of On Call Solicitation On July 17, 2014 a notice for Request for Proposals for on call consultant services was posted to the City’s website and was sent to 8 design firms. Proposals were received from three firms on August 14, 2014. City of Palo Alto Page 8 Summary of Solicitation Process Proposal Title/Number On-Call Design, Engineering, Planning, Environmental, Construction Management and Other Airport Consulting Services for the Palo Alto Airport (PAO)/RFQ 155208 Proposed Length of Project Multiple not to exceed five years Number of Proposals mailed &/or emailed 8 Total Days to Respond to Proposal 28 Pre-proposal Meeting Date NA Number of Company Attendees at Pre-proposal Meeting NA Number of Proposals Received: 3 Number of Companies Interviewed NA Range of Proposal Amounts Submitted N/A – Per FAA grant process, qualification based Evaluation of Proposals An evaluation committee consisting of four staff from the Public Works Department and a member of San Mateo County Airport Management reviewed the three proposals. The committee carefully reviewed each firm's qualifications and submittal in response to the criteria identified in the RFP. The criteria used to evaluate the proposing firms included: experience of the team with similar airport planning, and design/engineering projects, AIP-funded projects, and applicable FAA Advisory Circulars; the team’s experience with environmental analysis and documentation; grant management and construction management for similar airport projects; qualifications and specific experience of key team members, including knowledge and experience of key team members with unique local conditions; satisfaction of previous clients, with particular attention to completion of past projects on time and within budget; and schedule and capacity to provide qualified personnel. The City reserves the right to award by item, group of items, or total proposed items, and to award more than one contract at its sole discretion, to the most responsive and responsible bidder(s). City of Palo Alto Page 9 The committee chose Mead & Hunt and C&S Engineers to provide on-call services based on the criteria identified in the RFP. The third consultant was not chosen based on their limited experience with General Aviation airports. Airport Terminal Repairs The deferred maintenance at the airport also includes the Airport Terminal Building. The terminal building is a single-wide trailer that houses a small office for airport staff; a reception/sitting area for transient pilots, members of the airport user groups and other airport customers; a storage room for supplies used in airport operations; and public restrooms. The roof has obvious holes and evidence of water leakage can be seen on the walls and floors. Initially staff recommended replacing the trailer “in kind” however in an effort to minimize expenditures explored sealing the roof to stop water from entering the structure, repair damaged walls, replace the flooring throughout and paint. Staff expects this work not to exceed $40,000 and recommends closing CIP AP-15001, Temporary Airport Terminal, increasing the operating budget to cover the cost of repairs and returning the balance to the Airport Enterprise Fund for a net savings of $140,000. Timeline Award of construction contract October 27, 2014 Notice to Proceed November 2014 Start of construction November 2014 Resource Impact A Budget Amendment Ordinance (BAO) is needed to establish and fund the Palo Alto Airport Runway and Taxiways Rehabilitation Project AP-15003 in the total amount of $540,000, with the FAA reimbursing up to $500,027, or 90%, of the project’s costs. The Termination Assignment and Assumption Agreement agreement with the County of Santa Clara includes an allowance of up to $61,000, which would pay for the 10% local match portion of the grant for maintenance and repair work to the Airport taxiways and runways. With a projected cost of $540,000 for the project, including the ten percent contingency, and a grant from the FAA in the amount of $500,027, at this time it is only anticipated that the County of Santa Clara will need to reimburse the City $39,973. Should the cost of the project increase above $540,000, the City will seek additional funds from the FAA and additional local match funds from the County up to the total amount of City of Palo Alto Page 10 $61,000. Reimbursement for the total project costs will occur within FY 2015 resulting in a net zero impact to the Airport Fund. Upon completion of construction and warranty period the project will be defunded and any unspent budget returned to Airport Fund reserves. Additionally, staff is requesting closing and defunding $180,000 from CIP project AP-15001, Temporary Airport Terminal, and reprogramming $40,000 to the Airport Fund operating budget for repairs needed to retain the terminal trailer on the airport site. Environmental Review The FAA issued a Category Exclusion (CATEX) for rehabilitation of the runway and taxiways as it relates to the National Environmental Policy Act (NEPA) in 2011. This proposed rehabilitation project is considered as minor alterations and repairs to existing facilities and is categorically exempt from the California Environmental Quality Act (CEQA) section 15301 guidelines. Policy Implications This grant program is consistent with two of the City Council’s 2014 top 3 priorities: 1) Comprehensive planning and action on land use and transportation; and 2) Infrastructure Strategy and Funding. Attachments: Graham Contractors, Inc._Contract (PDF) C15155208B Mead and Hunt_Signed Contract (PDF) C15155208A C & S Engineers, Inc._Signed Contract (PDF) BAO - Airport Runway and Taxi and CIP defunding (DOC) IFB 155343 Bid Summary (PDF) CONSTRUCTION CONTRACT Contract No. C15155343 City of Palo Alto “Pavement Rehabilitation of Runway 13-31 and Taxiways” Project Invitation for Bid (IFB) Package 1 Rev. January 2014 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT TABLE OF CONTENTS SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS. ......................................................... 5 1.1 Recitals. ................................................................................................................................................... 5 1.2 Definitions. ............................................................................................................................................ 5 SECTION 2 THE PROJECT. .................................................................................................................... 5 SECTION 3 THE CONTRACT DOCUMENTS. ......................................................................................... 6 SECTION 4 CONTRACTOR’S DUTY. ...................................................................................................... 7 SECTION 5 PROJECT TEAM. ................................................................................................................. 7 6.1 Time Is of Essence. .............................................................................................................................. 7 6.2 Commencement of Work. ................................................................................................................ 7 6.3 Contract Time. ...................................................................................................................................... 7 6.4 Liquidated Damages. .......................................................................................................................... 8 6.4.1 Other Remedies. ....................................................................................................... 8 6.5 Adjustments to Contract Time. ....................................................................................................... 8 SECTION 7 COMPENSATION TO CONTRACTOR. ................................................................................ 8 7.1 Contract Sum. ....................................................................................................................................... 8 7.2 Full Compensation. ............................................................................................................................. 8 SECTION 8 STANDARD OF CARE. ........................................................................................................ 9 SECTION 9 INDEMNIFICATION. ........................................................................................................... 9 9.1 Hold Harmless. ..................................................................................................................................... 9 9.2 Survival. .................................................................................................................................................. 9 SECTION 10 NONDISCRIMINATION. ................................................................................................... 9 SECTION 11 INSURANCE AND BONDS. ............................................................................................... 9 SECTION 12 PROHIBITION AGAINST TRANSFERS............................................................................... 10 SECTION 13 NOTICES ……………………………………………………………………………………………………………………. 10 13.1 Method of Notice ………………………………………………………………………………………………………………10 13.2 Notice Recipents ……………………………………………………………………………………………………………….10 13.3 Change of Address. ........................................................................................................................... 11 SECTION 14 DEFAULT. ......................................................................................................................... 11 Invitation for Bid (IFB) Package 2 Rev. January 2014 CONSTRUCTION CONTRACT 14.1 Notice of Default. .............................................................................................................................. 11 14.2 Opportunity to Cure Default. ........................................................................................................ 11 SECTION 15 CITY'S RIGHTS AND REMEDIES. ...................................................................................... 12 15.1 Remedies Upon Default. ................................................................................................................. 12 15.1.1 Delete Certain Services. .......................................................................................... 12 15.1.2 Perform and Withhold. ........................................................................................... 12 15.1.3 Suspend The Construction Contract. .................................................................... 12 15.1.5 Invoke the Performance Bond. ............................................................................. 12 15.1.6 Additional Provisions. ............................................................................................. 12 15.2 Delays by Sureties. ............................................................................................................................ 12 15.3 Damages to City. ................................................................................................................................ 13 15.3.1 For Contractor's Default. ........................................................................................ 13 15.3.2 Compensation for Losses. ...................................................................................... 13 15.4 Suspension by City ............................................................................................................................ 13 15.4.1 Suspension for Convenience. .......................................................................................... 13 15.5 Termination Without Cause. ......................................................................................................... 14 15.5.1 Compensation. ......................................................................................................... 14 15.5.2 Subcontractors. ........................................................................................................ 14 15.6 Contractor’s Duties Upon Termination. ..................................................................................... 14 SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES. ...................................................................... 15 16.1 Contractor’s Remedies. ................................................................................................................... 15 16.1.1 For Work Stoppage. ................................................................................................. 15 16.1.2 For City's Non-Payment. ......................................................................................... 15 16.2 Damages to Contractor. .................................................................................................................. 15 SECTION 17 ACCOUNTING RECORDS. ................................................................................................ 15 17.1 Financial Management and City Access. ................................................................................... 15 17.2 Compliance with City Requests. ................................................................................................... 16 SECTION 18 INDEPENDENT PARTIES. ................................................................................................. 16 SECTION 19 NUISANCE. ...................................................................................................................... 16 SECTION 20 PERMITS AND LICENSES. ................................................................................................ 16 SECTION 21 WAIVER. .......................................................................................................................... 16 SECTION 22 GOVERNING LAW AND VENUE....................................................................................... 16 Invitation for Bid (IFB) Package 3 Rev. January 2014 CONSTRUCTION CONTRACT SECTION 23 COMPLETE AGREEMENT. ................................................................................................ 17 SECTION 24 SURVIVAL OF CONTRACT. ............................................................................................... 17 SECTION 25 PREVAILING WAGES. ...................................................................................................... 17 SECTION 26 NON APPROPRIATION. ................................................................................................... 17 SECTION 27 AUTHORITY. .................................................................................................................... 17 SECTION 28 COUNTERPARTS .............................................................................................................. 18 SECTION 29 SEVERABILITY. ................................................................................................................. 18 SECTION 30 STATUTORY AND REGULATORY REFERENCES . ............................................................. 18 SECTION 31 WORKERS’ COMPENSATION CERTIFICATION. ................................................................ 18 Invitation for Bid (IFB) Package 4 Rev. January 2014 CONSTRUCTION CONTRACT CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT entered into on 27th October 2014 (“Execution Date”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("City"), and GRAHAM CONTRACTORS, INC. ("Contractor"), is made with reference to the following: R E C I T A L S: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. Contractor is a corporation duly organized and in good standing in the State of California, Contractor’s License Number 315789. Contractor represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract. C. On July 27, 2014, City issued an Invitation for Bids (IFB) to contractors for the Pavement Rehabilitation of Runway 13-31 and Taxiways (“Project”). In response to the IFB, Contractor submitted a Bid. D. City and Contractor desire to enter into this Construction Contract for the Project, and other services as identified in the Contract Documents for the Project upon the following terms and conditions. NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows: SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS. 1.1 Recitals. All of the recitals are incorporated herein by reference. 1.2 Definitions. Capitalized terms shall have the meanings set forth in this Construction Contract and/or in the General Conditions. If there is a conflict between the definitions in this Construction Contract and in the General Conditions, the definitions in this Construction Contract shall prevail. SECTION 2 THE PROJECT. The Project is the Pavement Rehabilitation of Runway 13-31 and Taxiways Project, located at Palo Alto Airport, 1925 Embarcadero Road, Palo Alto, CA 94303 ("Project"). Invitation for Bid (IFB) Package 5 Rev. January 2014 CONSTRUCTION CONTRACT SECTION 3 THE CONTRACT DOCUMENTS. 3.1 List of Documents. The Contract Documents (sometimes collectively referred to as “Agreement” or “Bid Documents”) consist of the following documents which are on file with the Purchasing Division and are hereby incorporated by reference. 1) Change Orders 2) Field Orders 3) Contract 4) Bidding Addenda 5) Special Provisions 6) General Conditions 7) Project Plans and Drawings 8) Technical Specifications 9) Instructions to Bidders 10) Invitation for Bids 11) Contractor's Bid/Non-Collusion Affidavit 12) Reports listed in the Contract Documents 13) Public Works Department’s Standard Drawings and Specifications (most current version at time of Bid) 14) Utilities Department’s Water, Gas, Wastewater, Electric Utilities Standards (most current version at time of Bid) 15) City of Palo Alto Traffic Control Requirements 16) City of Palo Alto Truck Route Map and Regulations 17) Notice Inviting Pre-Qualification Statements, Pre-Qualification Statement, and Pre- Qualification Checklist (if applicable) 18) Performance and Payment Bonds 3.2 Order of Precedence. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, the Contract Documents shall have the order of precedence as set forth in the preceding section. If a claimed inconsistency cannot be resolved through the order of precedence, the City Invitation for Bid (IFB) Package 6 Rev. January 2014 CONSTRUCTION CONTRACT shall have the sole power to decide which document or provision shall govern as may be in the best interests of the City. SECTION 4 CONTRACTOR’S DUTY. Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents, all of which are fully incorporated herein. Contractor shall provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including, but not limited to, provision of all necessary labor, materials, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor also agrees to use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. SECTION 5 PROJECT TEAM. In addition to Contractor, City has retained, or may retain, consultants and contractors to provide professional and technical consultation for the design and construction of the Project. The Contract requires that Contractor operate efficiently, effectively and cooperatively with City as well as all other members of the Project Team and other contractors retained by City to construct other portions of the Project. SECTION 6 TIME OF COMPLETION. 6.1 Time Is of Essence. Time is of the essence with respect to all time limits set forth in the Contract Documents. 6.2 Commencement of Work. Contractor shall commence the Work on the date specified in City’s Notice to Proceed. 6.3 Contract Time. Work hereunder shall begin on the date specified on the City’s Notice to Proceed and shall be completed within eighteen calendar days (18) after the commencement date specified in City’s Notice to Proceed. By executing this Construction Contract, Contractor expressly waives any claim for delayed early completion. Invitation for Bid (IFB) Package 7 Rev. January 2014 CONSTRUCTION CONTRACT 6.4 Liquidated Damages. Pursuant to Government Code Section 53069.85, if Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time, including any approved extensions thereto, City may assess liquidated damages on a daily basis for each day of Unexcused Delay in achieving Substantial Completion, based on the amount of Five Hundred dollars ($500) per day, or as otherwise specified in the Special Provisions. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents, regardless of impact on the time for achieving Substantial Completion. The assessment of liquidated damages is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer by delay in completion of the Work. The City is entitled to setoff the amount of liquidated damages assessed against any payments otherwise due to Contractor, including, but not limited to, setoff against release of retention. If the total amount of liquidated damages assessed exceeds the amount of unreleased retention, City is entitled to recover the balance from Contractor or its sureties. Occupancy or use of the Project in whole or in part prior to Substantial Completion, shall not operate as a waiver of City’s right to assess liquidated damages. 6.4.1 Other Remedies. City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason other than Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time. 6.5 Adjustments to Contract Time. The Contract Time may only be adjusted for time extensions approved by City and memorialized in a Change Order approved in accordance with the requirements of the Contract Documents. SECTION 7 COMPENSATION TO CONTRACTOR. 7.1 Contract Sum. Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents the Contract Sum of Four Hundred Forty Five Thousand Five Hundred Eighty Six Dollars ($445,586.00). 7.2 Full Compensation. The Contract Sum shall be full compensation to Contractor for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover all Losses arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred due to suspension or discontinuance of the Work, except as expressly provided herein. The Contract Sum may only be adjusted for Change Orders approved in accordance with the requirements of the Contract Documents. Invitation for Bid (IFB) Package 8 Rev. January 2014 CONSTRUCTION CONTRACT SECTION 8 STANDARD OF CARE. Contractor agrees that the Work shall be performed by qualified, experienced and well-supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope and complexity of the Project. SECTION 9 INDEMNIFICATION. 9.1 Hold Harmless. To the fullest extent allowed by law, Contractor will defend, indemnify, and hold harmless City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter individually referred to as an “Indemnitee” and collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and liability, loss, damage, claims, expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in performing the Work or its failure to comply with any of its obligations under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. Contractor shall pay City for any costs City incurs to enforce this provision. Except as provided in Section 9.2 below, nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. Pursuant to Public Contract Code Section 9201, City shall timely notify Contractor upon receipt of any third-party claim relating to the Contract. 9.2 Survival. The provisions of Section 9 shall survive the termination of this Construction Contract. SECTION 10 NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, Contractor certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. Contractor acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and will comply with all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 11 INSURANCE AND BONDS. Within ten (10) business days following issuance of the Notice of Award, Contractor shall provide City with evidence that it has obtained insurance and shall submit Performance and Payment Bonds satisfying all requirements in Article 11 of the General Conditions. Invitation for Bid (IFB) Package 9 Rev. January 2014 CONSTRUCTION CONTRACT SECTION 12 PROHIBITION AGAINST TRANSFERS. City is entering into this Construction Contract in reliance upon the stated experience and qualifications of the Contractor and its Subcontractors set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent shall be null and void, and shall be deemed a substantial breach of contract and grounds for default in addition to any other legal or equitable remedy available to the City. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if the Contractor is a partnership or joint venture or syndicate or co-tenancy shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity. SECTION 13 NOTICES. 13.1 Method of Notice. All notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and shall be deemed served on the earlier of the following: (i) On the date delivered if delivered personally; (ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; (iv) On the date sent if delivered by electronic mail; or (v) On the date it is accepted or rejected if sent by certified mail. 13.2 Notice Recipients. All notices, demands or requests (including, without limitation, Change Order Requests and Claims) from Contractor to City shall include the Project name and the number of this Construction Contract and shall be addressed to City at: To City: City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to: City of Palo Alto Public Works Administration/PAO Division 250 Hamilton Avenue Palo Alto, CA 94301 Attn: Andy Swanson AND City of Palo Alto Utilities Engineering 250 Hamilton Avenue Palo Alto, CA 94301 Invitation for Bid (IFB) Package 10 Rev. January 2014 CONSTRUCTION CONTRACT Attn: In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following: Palo Alto City Attorney’s Office 250 Hamilton Avenue P.O. Box 10250 Palo Alto, California 94303 All Claims shall be delivered personally or sent by certified mail. All notices, demands, requests or approvals from City to Contractor shall be addressed to: Graham Contractors, Inc. David Graham 860 Lonus Street San Jose, CA 95126 13.3 Change of Address. In advance of any change of address, Contractor shall notify City of the change of address in writing. Each party may, by written notice only, add, delete or replace any individuals to whom and addresses to which notice shall be provided. SECTION 14 DEFAULT. 14.1 Notice of Default. In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract, with a copy to Contractor’s performance bond surety. 14.2 Opportunity to Cure Default. Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) Days (or such shorter time as City may reasonably require) after receipt of written notice. However, if the breach cannot be reasonably cured within such time, Contractor will commence to cure the breach within two (2) Days (or such shorter time as City may reasonably require) and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) Days after receipt of such written notice. Invitation for Bid (IFB) Package 11 Rev. January 2014 CONSTRUCTION CONTRACT SECTION 15 CITY'S RIGHTS AND REMEDIES. 15.1 Remedies Upon Default. If Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 14, then City may pursue any remedies available under law or equity, including, without limitation, the following: 15.1.1 Delete Certain Services. City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto. 15.1.2 Perform and Withhold. City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been adequately performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related thereto. 15.1.3 Suspend The Construction Contract. City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work. 15.1.4 Terminate the Construction Contract for Default. City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 14. City’s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract. Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein. 15.1.5 Invoke the Performance Bond. City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond. 15.1.6 Additional Provisions. All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity. Designation in the Contract Documents of certain breaches as material shall not waive the City’s authority to designate other breaches as material nor limit City’s right to terminate the Construction Contract, or prevent the City from terminating the Agreement for breaches that are not material. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated damages and Losses suffered by City. 15.2 Delays by Sureties. Invitation for Bid (IFB) Package 12 Rev. January 2014 CONSTRUCTION CONTRACT Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond, within seven (7) calendar days from the date of the notice of termination, Contractor’s surety shall be deemed to have waived its right to complete the Work under the Contract, and City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and its surety shall be jointly and severally liable for any additional cost incurred by City to complete the Work following termination. In addition, City shall have the right to use any materials, supplies, and equipment belonging to Contractor and located at the Worksite for the purposes of completing the remaining Work. 15.3 Damages to City. 15.3.1 For Contractor's Default. City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents. 15.3.2 Compensation for Losses. In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to deduct the cost of such Losses from monies otherwise payable to Contractor. If the Losses incurred by City exceed the amount payable, Contractor shall be liable to City for the difference and shall promptly remit same to City. 15.4 Suspension by City 15.4.1 Suspension for Convenience. City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time. The order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with the order and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order. During the Suspension or extension of the Suspension, if any, City shall either cancel the Suspension Order or, by Change Order, delete the Work covered by the Suspension Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. A Suspension Order shall not be the exclusive method for City to stop the Work. 15.4.2 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct work in accordance with the Contract Documents, City may immediately order the Work, or any portion thereof, suspended until the cause for the suspension has been eliminated to City’s satisfaction. Contractor shall not be entitled to an increase in Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents. City’s right to suspend the Work shall not give rise to a duty to suspend the Work, and City’s failure to suspend the Work shall not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents. Invitation for Bid (IFB) Package 13 Rev. January 2014 CONSTRUCTION CONTRACT 15.5 Termination Without Cause. City may, at its sole discretion and without cause, terminate this Construction Contract in part or in whole upon written notice to Contractor. Upon receipt of such notice, Contractor shall, at City’s expense, comply with the notice and take all reasonable steps to minimize costs to close out and demobilize. The compensation allowed under this Paragraph 15.5 shall be the Contractor’s sole and exclusive compensation for such termination and Contractor waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind resulting from termination without cause. Termination pursuant to this provision does not relieve Contractor or its sureties from any of their obligations for Losses arising from or related to the Work performed by Contractor. 15.5.1 Compensation. Following such termination and within forty-five (45) Days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 15.5.1, City shall pay the following to Contractor as Contractor’s sole compensation for performance of the Work : .1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor. .2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors: (i) Demobilizing and (ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination. .3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work. .4 Profit Allowance. An allowance for profit calculated as four percent (4%) of the sum of the above items, provided Contractor can prove a likelihood that it would have made a profit if the Construction Contract had not been terminated. 15.5.2 Subcontractors. Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor against City under this Section. 15.6 Contractor’s Duties Upon Termination. Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following: (i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work that is not discontinued; (iii) Provide to City a description in writing, no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of Invitation for Bid (IFB) Package 14 Rev. January 2014 CONSTRUCTION CONTRACT the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract; (iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and (v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto. Upon termination, whether for cause or for convenience, the provisions of the Contract Documents remain in effect as to any Claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings, instructions, or manuals, or other such rights and obligations arising prior to the termination date. SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES. 16.1 Contractor’s Remedies. Contractor may terminate this Construction Contract only upon the occurrence of one of the following: 16.1.1 For Work Stoppage. The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable. This provision shall not apply to any work stoppage resulting from the City’s issuance of a suspension notice issued either for cause or for convenience. 16.1.2 For City's Non-Payment. If City does not make pay Contractor undisputed sums within ninety (90) Days after receipt of notice from Contractor, Contractor may terminate the Construction Contract (30) days following a second notice to City of Contractor’s intention to terminate the Construction Contract. 16.2 Damages to Contractor. In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph 15.5.1 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind. SECTION 17 ACCOUNTING RECORDS. 17.1 Financial Management and City Access. Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices. City and City's accountants during normal business hours, may inspect, audit and copy Contractor's records, books, estimates, take-offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase Invitation for Bid (IFB) Package 15 Rev. January 2014 CONSTRUCTION CONTRACT orders, vouchers, memoranda and other data relating to this Project. Contractor shall retain these documents for a period of three (3) years after the later of (i) Final Payment or (ii) final resolution of all Contract Disputes and other disputes, or (iii) for such longer period as may be required by law. 17.2 Compliance with City Requests. Contractor's compliance with any request by City pursuant to this Section 17 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. City many enforce Contractor’s obligation to provide access to City of its business and other records referred to in Section 17.1 for inspection or copying by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony. SECTION 18 INDEPENDENT PARTIES. Each party is acting in its independent capacity and not as agents, employees, partners, or joint ventures’ of the other party. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth. SECTION 19 NUISANCE. Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection in the performance of services under this Construction Contract. SECTION 20 PERMITS AND LICENSES. Except as otherwise provided in the Special Provisions and Technical Specifications, The Contractor shall provide, procure and pay for all licenses, permits, and fees, required by the City or other government jurisdictions or agencies necessary to carry out and complete the Work. Payment of all costs and expenses for such licenses, permits, and fees shall be included in one or more Bid items. No other compensation shall be paid to the Contractor for these items or for delays caused by non-City inspectors or conditions set forth in the licenses or permits issued by other agencies. SECTION 21 WAIVER. A waiver by either party of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. SECTION 22 GOVERNING LAW AND VENUE. This Construction Contract shall be construed in accordance with and governed by the laws of the State of California, and venue shall be in a court of competent jurisdiction in the County of Santa Clara, and no other place. Invitation for Bid (IFB) Package 16 Rev. January 2014 CONSTRUCTION CONTRACT SECTION 23 COMPLETE AGREEMENT. This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This Agreement may be amended only by a written instrument, which is signed by the parties. SECTION 24 SURVIVAL OF CONTRACT. The provisions of the Construction Contract which by their nature survive termination of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any termination of the Construction Contract. SECTION 25 PREVAILING WAGES. This Project is not subject to prevailing wages. The Contractor is not required to pay prevailing wages in the performance and implementation of the Project, because the City, pursuant to its authority as a chartered city, has adopted Resolution No. 5981 exempting the City from prevailing wages. The City invokes the exemption from the state prevailing wage requirement for this Project and declares that the Project is funded one hundred percent (100%) by the City of Palo Alto. This Project remains subject to all other applicable provisions of the California Labor Code and regulations promulgated thereunder. Or The Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the Director of the Department of Industrial Relations. Copies of these rates may be obtained at the Purchasing Office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1775, 1776, 1777.5, 1810, and 1813 of the Labor Code. SECTION 26 NON APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that the City does not appropriate funds for the following fiscal year for this event, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Construction Contract are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 27 AUTHORITY. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. Invitation for Bid (IFB) Package 17 Rev. January 2014 CONSTRUCTION CONTRACT SECTION 28 COUNTERPARTS This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. SECTION 29 SEVERABILITY. In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected. SECTION 30 STATUTORY AND REGULATORY REFERENCES. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that the Contract was awarded by City, unless otherwise required by law. SECTION 31 WORKERS’ COMPENSATION CERTIFICATION. Pursuant to Labor Code Section 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above written. CITY OF PALO ALTO ____________________________ City Manager APPROVED AS TO FORM: ____________________________ Senior Asst. City Attorney APPROVED: ____________________________ Public Works Director GRAHAM CONTRACTORS, INC. By:___________________________ Name:________________________ Title:__________________________ Date: _________________________ Invitation for Bid (IFB) Package 18 Rev. January 2014 CONSTRUCTION CONTRACT Professional Services Rev. Feb. 2014 1 CITY OF PALO ALTO CONTRACT NO. C15155208B AGREEMENT BETWEEN THE CITY OF PALO ALTO AND MEAD & HUNT, INC. FOR PROFESSIONAL SERVICES This Agreement is entered into on this 27th day of October, 2014, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and MEAD & HUNT, INC, a California corporation, located at 133 Aviation Boulevard, Suite 100, Santa Rosa, California 95403 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to improve the facilities at the Palo Alto Airport (“Project”) and desires to engage a consultant to provide various on-call design engineering services including planning, design/engineering, environmental analyses, grant management and construction management in connection with the Project (“Services”). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. Optional On-Call Provision Services will be authorized by the City, as needed, with a Task Order assigned and approved by the City’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a City Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72 Professional Services Rev. Feb. 2014 2 performed under an authorized Task Order and the City may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through October 31, 2019 unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000) for the entire five-year term. The applicable rates and schedule of payment are set out in Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit “A”. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C- 1”). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72 Professional Services Rev. Feb. 2014 3 required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep 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. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) of the CITY’s stated construction budget, CONSULTANT shall make recommendations to the CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72 Professional Services Rev. Feb. 2014 4 compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Jeffrey T. Leonard, P.E. as the Project Supervisor to have supervisory responsibility for the performance, progress, and execution of the Services to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. The City’s project manager is Andy Swanson, Public Works Department, Airport Division, 250 Hamilton Avenue, Palo Alto, CA 94303, Telephone: (650)329-2688. The project manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, employees, agents or DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72 Professional Services Rev. Feb. 2014 5 contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s 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 Purchasing Manager during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72 Professional Services Rev. Feb. 2014 6 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. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72 Professional Services Rev. Feb. 2014 7 To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will 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. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the City’s Environmentally Preferred Purchasing policies which are available at the City’s Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of the City’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, Consultant shall comply with the following zero waste requirements: All printed materials provided by Consultant to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by the City’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post- consumer material and printed with vegetable based inks. Goods purchased by Consultant on behalf of the City shall be purchased in DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72 Professional Services Rev. Feb. 2014 8 accordance with the City’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office. Reusable/returnable pallets shall be taken back by the Consultant, at no additional cost to the City, for reuse or recycling. Consultant shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at 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 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 25.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties. 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, City shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72 Professional Services Rev. Feb. 2014 9 and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 25.9 All unchecked boxes do not apply to this agreement. 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 25.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: Senior Asst. City Attorney MEAD & HUNT, INC. Attachments: EXHIBIT “A”: SCOPE OF WORK EXHIBIT “A-1” ON CALL TASK ORDER EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72 10/21/2014 Jon J. Faucher Vice President Professional Services Rev. Feb. 2014 11 EXHIBIT “A” SCOPE OF SERVICES CONSULTANT shall provide on-call consulting services at Palo Alto Airport in connection with categories associated with the airfield improvements identified on the AICP – design, planning, engineering, construction management and environmental review/approval services. DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72 Professional Services Rev. Feb. 2014 12 EXHIBIT “A-1” PROFESSIONAL SERVICES TASK ORDER Consultant hereby agrees to perform the work 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 the Agreement by this reference. The Consultant shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. C1515520B ISSUE DATE Purchase Requisition No. 1A. MASTER AGREEMENT NUMBER 1B. TASK ORDER NO. 2. CONSULTANT 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT $__________________________________ 5. BUDGET CODE: _______________ COST CENTER_________________ COST ELEMENT______________ WBS/CIP___ _______PHASE___ 6. CITY PROJECT MANAGER’S NAME/DEPARTMENT_______________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES MUST INCLUDE: WORK TO BE PERFORMED SCHEDULE OF WORK BASIS FOR PAYMENT & FEE SCHEDULE DELIVERABLES REIMBURSABLES (with “not to exceed” cost) 8. ATTACHMENTS: A: Scope of Services B: __________________________________ ----------------------------------------------------------------------------------------------------------------------------------- I hereby authorize the performance of I hereby acknowledge receipt and acceptance the work described above in this Task Order. of this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: APPROVED: CITY OF PALO ALTO MEAD & HUNT, INC. BY:__________________________________ BY:____________________________________ Name ________________________________ Name __________________________________ Title_________________________________ Title___________________________________ Date _________________________________ Date ___________________________________ DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72 Professional Services Rev. Feb. 2014 2 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. Milestones Completion No. of Days/Weeks From NTP 1. On-call Services TBD DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72 Professional Services Rev Feb. 2014 18 EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement based on the hourly rate schedule attached as Exhibit C-1. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit “A” (“Services”) and reimbursable expenses shall not exceed $250,000. CONSULTANT agrees to complete all Services, including reimbursable expenses, within this amount. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $250 shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expenses, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72 Professional Services Rev Feb. 2014 19 EXHIBIT “C-1” HOURLY RATE SCHEDULE Standard Billing Rates Clerical................................................................................................................................. ..... $77.00 / hour Interior Designer, Technical Editor .......................................................................................... $103.00 / hour Senior Editor ............................................................................................................................ $152.00 / hour Registered Land Surveyor................................................................................................... ... $117.00 / hour Accounting, Administrative Assistant......................................................................................... $95.00 / hour Technician I, Technical Writer ................................................................................................... $88.00 / hour Technician II, Surveyor - Instrument Person ........................................................................... $103.00 / hour Technician III .......................................................................................................................... $111.00 / hour Technician IV ........................................................................................................................... $134.00 / hour Senior Technician .................................................................................................................... $160.00 / hour Engineer I, Scientist I, Architect I, Planner I ............................................................................ $121.00 / hour Engineer II, Scientist II, Architect II, Planner II ........................................................................ $133.00 / hour Engineer III ............................................................................................................................. $144.00 / hour Senior Engineer, Senior Scientist, Senior Architect, Senior Planner, Senior Economist... ..... $164.00 / hour Project Engineer, Project Scientist, Project Architect, Project Planner............................ ....... $177.00 / hour Senior Project Engineer, Senior Project Scientist, Senior Project Architect, Senior Project Planner....................................................................................................... ..... $216.00 / hour Senior Associate ...................................................................................................................... $263.00 / hour Principal ................................................................................................................................... $273.00 / hour Senior Client/Project Manager.......................................................................................... ...... $273.00 / hour Expenses Geographic Information or GPS Systems ................................................................................ $32.00 / hour Total Station Survey Equipment ................................................................................................ $16.00 / hour Charges for other equipment may appear in a proposal Out-Of-Pocket Direct Job Expenses......................................................................................... cost plus 15% Such as reproductions, sub-consultants / contractors, etc. Travel Expense ................................................................................................................................. $0.90 / mile Air and Surface Transportation ....................................................................................................... cost plus 15% Lodging and Sustenance ................................................................................................................ cost plus 15% Billing & Payment Travel time is charged for work required to be performed out-of-office. A minimum of two hours will be billed for any work out-of-office. Invoicing is on a monthly basis for work performed. Payment for services is due within 30 days from the date of the invoice. An interest charge of 1.5% per month is made on the unpaid balance starting 30 days after the date of invoice. This schedule of billing rates is effective January 1, 2014, and will remain in effect until December 31, 2014, unless unforeseen increases in operational costs are encountered. We reserve the right to change rates to reflect such increases. DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72 Professional Services Rev Feb. 2014 20 EXHIBIT “D” INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES 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, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY 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: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS 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 PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72 Professional Services Rev Feb. 2014 21 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 ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON- PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 DocuSign Envelope ID: C6ADB87A-E07D-46C4-9A62-D55E23DD7C72 CITY OF PALO ALTO CONTRACT NO. C15155208A AGREEMENT BETWEEN THE CITY OF PALO ALTO AND C & S ENGINEERS, INC. FOR PROFESSIONAL SERVICES This Agreement is entered into on this 27th day of October, 2014, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and C & S ENGINEERS, INC, a New York corporation, located at 499 Col. Eileen Collins Boulevard, Syracuse, New York 13212 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to improve the facilities at the Palo Alto Airport (“Project”) and desires to engage a consultant to provide various on-call engineering services including planning, design/engineering, environmental analyses, grant management and construction management in connection with the Project (“Services”). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. Optional On-Call Provision Services will be authorized by the City, as needed, with a Task Order assigned and approved by the City’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1. Each Task Order shall designate a City Project Manager and shall contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Agreement shall not exceed the amount of Compensation set forth in Section 4 of this Agreement. CONSULTANT shall only be compensated for work Professional Services Rev. Feb. 2014 1 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 performed under an authorized Task Order and the City may elect, but is not required, to authorize work up to the maximum compensation amount set forth in Section 4. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through October 31, 2019 unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000) for the entire five-year term. The applicable rates and schedule of payment are set out in Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit “A”. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C- 1”). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally Professional Services Rev. Feb. 2014 2 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep 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. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) of the CITY’s stated construction budget, CONSULTANT shall make recommendations to the CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning Professional Services Rev. Feb. 2014 3 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Jessica L. Mullen, P.E., C.M. as the Project Supervisor to have supervisory responsibility for the performance, progress, and execution of the Services to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. The City’s project manager is Andy Swanson, Public Works Department, Airport Division, 250 Hamilton Avenue, Palo Alto, CA 94303, Telephone: (650)329-2688. The project manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, employees, agents or Professional Services Rev. Feb. 2014 4 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s 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 Purchasing Manager during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, Professional Services Rev. Feb. 2014 5 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 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. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager Professional Services Rev. Feb. 2014 6 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will 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. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the City’s Environmentally Preferred Purchasing policies which are available at the City’s Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of the City’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, Consultant shall comply with the following zero waste requirements: • All printed materials provided by Consultant to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by the City’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post- consumer material and printed with vegetable based inks. • Goods purchased by Consultant on behalf of the City shall be purchased in Professional Services Rev. Feb. 2014 7 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 accordance with the City’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office. • Reusable/returnable pallets shall be taken back by the Consultant, at no additional cost to the City, for reuse or recycling. Consultant shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at 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 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 25.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties. 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, City shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable Professional Services Rev. Feb. 2014 8 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. 25.9 All unchecked boxes do not apply to this agreement. 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 25.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO ____________________________ City Manager APPROVED AS TO FORM: __________________________ Senior Asst. City Attorney C&S ENGINEERS, INC. By:___________________________ Name:_________________________ Title:________________________ Attachments: EXHIBIT “A”: SCOPE OF WORK EXHIBIT “A-1” ON CALL TASK ORDER SAMPLE EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS Professional Services Rev. Feb. 2014 9 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 Jessica Mullen Department Manager EXHIBIT “A” SCOPE OF SERVICES CONSULTANT shall provide on-call consulting services at Palo Alto Airport in connection with categories associated with the airfield improvements identified on the AICP – design, planning, engineering, construction management and environmental review/approval services. Professional Services Rev. Feb. 2014 11 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 EXHIBIT “A-1” PROFESSIONAL SERVICES TASK ORDER Consultant hereby agrees to perform the work 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 the Agreement by this reference. The Consultant shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. C15155208A ISSUE DATE Purchase Requisition No. 1A. MASTER AGREEMENT NUMBER 1B. TASK ORDER NO. 2. CONSULTANT 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT $__________________________________ 5. BUDGET CODE: _______________ COST CENTER_________________ COST ELEMENT______________ WBS/CIP___ _______PHASE___ 6. CITY PROJECT MANAGER’S NAME/DEPARTMENT____________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES MUST INCLUDE: WORK TO BE PERFORMED SCHEDULE OF WORK BASIS FOR PAYMENT & FEE SCHEDULE DELIVERABLES REIMBURSABLES (with “not to exceed” cost) 8. ATTACHMENTS: A: Scope of Services B: __________________________________ ----------------------------------------------------------------------------------------------------------------------------------- I hereby authorize the performance of I hereby acknowledge receipt and acceptance the work described above in this Task Order. of this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: APPROVED: CITY OF PALO ALTO C & S ENGINEERS, INC. BY:__________________________________ BY:____________________________________ Name ________________________________ Name __________________________________ Title_________________________________ Title___________________________________ Date _________________________________ Date ___________________________________ Professional Services Rev. Feb. 2014 12 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 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. Milestones Completion No. of Days/Weeks From NTP 1. On-call Services TBD Professional Services Rev. Feb. 2014 2 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement based on the hourly rate schedule attached as Exhibit C-1. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit “A” (“Services”) and reimbursable expenses shall not exceed $250,000. CONSULTANT agrees to complete all Services, including reimbursable expenses, within this amount. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $250 shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expenses, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. Professional Services Rev Feb. 2014 18 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 EXHIBIT “C-1” HOURLY RATE SCHEDULE LABOR CATEGORY-2014 RATE Service Group Manager $ 292 Department Manager $ 252 Managing Engineer $ 240 Chief Engineer $ 199 Senior Project Engineer $ 175 Project Engineer $ 146 Engineer $ 129 Staff Engineer $ 123 Senior Designer $ 129 Designer $ 99 CADD Operator $ 88 Administrative Assistant $ 76 Grants Administrator $ 111 Managing Airport Planner $ 205 Senior Planner $ 181 Planner $ 123 Staff Planner $ 99 Senior Construction Supervisor $ 205 Inspector (prevailing wage) As designated by CA Wage Rates at applicable time Inspector (prevailing wage) OT As designated by CA Wage Rates at applicable time Senior Technical Administrator $ 76 Senior GIS Analyst $ 105 OUT OF POCKET EXPENSES Travel, by Auto (Per Mile) $ 0.57 / Mile Per Diem, (Hotel & Food) $171.00 / Day Copies, 8 ½” x 11” $ 0.05 / Each Copies, Plans (22” x 34”) $ 1.00 / Each Copies, Large Xerox $ 1.00 / Foot Mylars $ 5.00 / Each • Subconsultant billing rates not included. • These rate are applicable through December 31, 2014. Updated rates will be negotiated with the City on an annual calendar year basis. Professional Services Rev Feb. 2014 19 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 EXHIBIT “D” INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES 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, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY 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: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS 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 PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. Professional Services Rev Feb. 2014 20 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON- PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 Professional Services Rev Feb. 2014 21 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSDADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10/7/2014 Haylor, Freyer & Coon, Inc.231 Salina Meadows ParkwayP.O. Box 4743Syracuse NY 13221 C&S Engineers, Inc., C&S ArchitectsEngineers & Landscape Architect, PLLC499 Col Eileen Collins Blvd.Syracuse NY 13212 Charter Oak Fire Ins. Co. Travelers Indemnity Co of CT St. Paul Fire and Marine Insurance 25615 5000 24767 Lisa Stipetic 315-453-2177 315-362-5780 lstipetic@haylor.com CSENGINEER 1644207999 A Y Y P6307E874377COF14 7/1/2014 7/1/2015 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 X X X X B Y Y Y Y X X X BA7E874377CAG14 7/1/2014 7/1/2015 1,000,000 C X X ZUP15S4388114NF 7/1/2014 7/1/2015 25,000,000 25,000,000 A N POUB7E83200014 7/1/2014 7/1/2015 X 1,000,000 1,000,000 1,000,000 Y See Attached Acord 101 Purchasing and Contract AdministrationCity of Palo AltoPO Box 10250Palo Alto CA 94303 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 Policy #P6307E874377COF14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 Policy #P6307E874377COF14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 Policy #P6307E874377COF14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 Policy #P6307E874377COF14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 Policy #P6307E874377COF14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 Policy #P6307E874377COF14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 Policy #P6307E874377COF14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 Policy #P6307E874377COF14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 P6307E874377COF14 Each "project"for which you have agreed,in a written contract which is in effect during this policy period,to provide a separate General Aggregate Limit,provided that the contract is signed and executed by you before the "bodily injury"or "property damage"occurs. General Aggregate limit shown on the declarations. 07/01/2014 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 COMMERCIAL GENERAL LIABILITY 1. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Ag- gregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Project General Aggregate Limit. C. Part 2. of SECTION Ill -LIMITS OF INSURANCE is deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from "occurrencesR under COVERAGE A (SECTION I) and for all medical expenses caused by accidents under COVERAGE C (SECTION I) which cannot be attributed only to operations at a single designated "project" shown in the SCHEDULE above. D. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of Rbodily injury" or "property damage" included in the Rproducts-completed operations hazardR will reduce the Products-Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Project General Aggregate Limit. E. For the purposes of this endorsement the Defini- tions Section is amended by the addition of the following definition: RProject" means an area away from premises owned by or rented to you at which you are per- forming operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each RprojectR that includes premises involving the same or connecting lots, or premises whose con- nection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single "project". F. The provisions of SECTION Ill -LIMITS OF INSURANCE not otherwise modified by this en- dorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, The Travelers Indemnity Company, 2004 CG 0211 01 04 P6307E874377COF14 07/01/2014 1 1 Engineering Office 499 COL EILEEN COLLINS BLVD,SYRACUSE,NY 13212 2 2 ENGINEERING OFFICE 59 COURT ST,SUITE 500,BINGHAMTON,NY13901 3 3 ENGINEERING OFFICE 20445 EMERALD PKWY,SUITE 100,CLEVELAND,OH 44135 4 4 ENGINEERING OFFICE 2020CAMINO DEL RIO N,SUITE 1000,SAN DIEGO,CA92108 5 5 ENGINEERING OFFICE 605 E ROBINSON ST,SUITE 210,ORLANDO,FL 32801-9999 6 6 ENGINEERING OFFICE 38777 6 MILE RD,SUITE 202,LIVONIA,MI 48152 7 7 ENGINEERING OFFICE 500 S FRANKLIN ST,SYRACUSE,NY 13202 8 8 ENGINEERING OFFICE 3034LARUE COURT,LOUISVILLE,KY 40217 9 9 ENGINEERING OFFICE 9200E PIMA CENTER PKWY,SUITE 240,SCOTTSDALE,AZ 85258 10 10ENGINEERINGOFFICE 450 GEARS RD,SUITE 200,HOUSTON,TX 77067 11 11ENGINEERINGOFFICE 8880 CAL CENTERDR,SUITE 450,SACRAMENTO,CA 95826 12 12ENGINEERINGOFFICE 150 STATE ST,SUITE 120,ROCHESTER,NY 14614 13 13ENGINEERINGOFFICE 5928 COURT STREET RD,SYRACUSE,NY 13206 14 14ENGINEERINGOFFICE 456 MICHIGAN AVE,BUFFALO,NY 14203 15 15ENGINEERINGOFFICE 11495 NAVAID RD,BRIDGETON,MO 63044 16 16ENGINEERING16 LAURANA LN,HADLEY,MA 01035 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 COMMERCIAL GENERAL LIABILITY der COVERAGE C (SECTION I), which cannot be attributed only to operations at a single desig- nated "location" shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Location General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in Page 2 of2 the "products-completed operations hazard" will reduce the Products-Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Location General Aggregate Limit. D. For the purposes of this endorsement the Defini- tions Section is amended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Limits of Insurance (SECTION Ill) not otherwise modified by this endorsement shall continue to apply as stipulated. CG 01 690205 Copyright, 2005. The St. Paul Travelers Companies, Inc. All Rights Reserved. POLICY NUMBER: ISSUE DATE: IL T4 05 03 11 © 2011 The Travelers Indemnity Company.All rights reserved.Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY – NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 _ PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION THAT IS A CERTIFICATE HOLDER OF A CERTIFICATE OF INSURANCE ISSUED FOR YOU THAT: 1. REFERS TO THIS POLICY AND STATES THAT NOTICE OF CANCELLATION OR NONRENEWAL OF THIS POLICY WILL BE PROVIDED TO THAT PERSON OR ORGANIZATION; AND 2. IS IN EFFECT, AND IS ON FILE AT THE OFFICE OF YOUR AGENT OR BROKER FOR THIS POLICY, AT THE TIME OF THE CANCELLATION OR NONRENEWAL. ADDRESS: THE ADDRESS SHOWN FOR THAT PERSON OR ORGANIZATION IN THAT CERTIFICATE OF INSURANCE. PROVISIONS: If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. DTCO7E671550PHX14 07/01/2014P6307E874377COF14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 Policy #BA7E874377CAG14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 Policy #BA7E874377CAG14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 Policy #BA7E874377CAG14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 Policy #BA7E874377CAG14 DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 POUB7E83200014 Any person or organization for which the insured has agreed to by written contract executed prior to loss to furnish this waiver. DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: GENERAL LIABILITY:Additional Insured on a Primary and Non-Contributory basis and Waiver of Subrogation (only if agreed to in a written contract with the NamedInsured) applies per attached “Business Liability Coverage Form” SS 00 08 04 05 1 1 C&S Operations Inc.DBA Que Centre Group150 State Street, Suite 120Rochester NY 14614 CSENGINEER Haylor, Freyer & Coon, Inc. 25 CERTIFICATE OF LIABILITY INSURANCE C&S Operations, Inc. 150 State Street, Suite 120 Rochester, NY 14614 Form Enclosed: SS 00 08 04 05- Blanket Additional Insured & Waiver of Subrogation C&S Operations, Inc. 499 Col Eileen Collins Blvd. Syracuse, NY 13221 C&S Engineers, Inc. C&S Architects Engineers & Landscape Architect, PLLC 499 Colonel Eileen Collins Blvd. Syracuse, NY 13212 Forms Enclosed: HG 00 01 (06/05)- Commercial General Liability Coverage Form HA 99 17 (09/10)- Commercial Automobile Broad Form Endorsement New York IH 03 13 (06/11)- Notice of Cancellation to Certificate Holder(s) Forms Enclosed: HG 00 01 (06/05)!General Liability includes Additional Insureds When Required By Written Contract, Agreement or Permit. Includes ongoing operations, products-completed operations, primary and non- contributory to other insurance, and Waiver of Rights of Recovery when required by contract. HA 99 17 (09/10) Automobile Broad Form Endorsement includes Additional Insured, Primary & Non- Contributory and Waiver of Subrogation if Required by Contract. IL 03 13 (06/11) Notice of Cancellation to Certificate Holders WC 00 03 13 !Workers Compensation Waiver of our Rights to Recover from Others when required by written contract or agreement. (11 /12) General Liability: CG D1 44 (01/96)-Other Additional Insureds CG D0 37 (04/05)-Other Insurance -Additional Insureds CG F4 89 (10/08)-Architects,Engineers and Surveyors IndustryEdge Endorsement -New York CG D2 11 (01/04)-Designated Project(s)General Aggregate Limit CG D1 69 (02/05)-Designated Location(s)General Aggregate Limit IL T4 05 (03/11) Designated Entity Notice of Cancellation Provided By Us Automobile: CA T4 37 (08/08)-Blanket Additional Insured CA T9 60 (06/05)-New York Business Auto Coverage Extension Form Workers Compensation: WC 00 03 13 (00)-Waiver of Our Right to Recover from Others Endorsement DocuSign Envelope ID: FF48E5F5-AEBD-40B9-938A-985C12E8C106 Certificate of Completion Envelope Number: FF48E5F5AEBD40B9938A985C12E8C106 Status: Completed Subject: Please DocuSign this document: C15155208A.C&S.B1.pdf Source Envelope: Document Pages: 36 Signatures: 1 Envelope Originator: Certificate Pages: 4 Initials: 0 Carolynn Bissett AutoNav: Enabled EnvelopeId Stamping: Enabled 250 Hamilton Ave Palo Alto , CA 94301 carolynn.bissett@cityofpaloalto.org IP Address: 199.33.32.254 Record Tracking Status: Original 10/9/2014 10:28:57 AM PT Holder: Carolynn Bissett carolynn.bissett@cityofpaloalto.org Location: DocuSign Signer Events Signature Timestamp Jessica Mullen jmullen@cscos.com Department Manager Security Level: Email, Account Authentication (None)Using IP Address: 12.126.138.178 Sent: 10/9/2014 10:31:49 AM PT Viewed: 10/9/2014 1:41:19 PM PT Signed: 10/9/2014 1:41:47 PM PT Electronic Record and Signature Disclosure: Accepted: 10/9/2014 1:41:19 PM PT ID: b0e295f3-9542-450f-abde-bca7196a5d0a In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Karen Mitchell Karen.Mitchell@cityofpaloalto.org Security Level: Email, Account Authentication (None) Sent: 10/9/2014 1:41:49 PM PT Electronic Record and Signature Disclosure: Not Offered ID: Notary Events Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/9/2014 1:41:49 PM PT Certified Delivered Security Checked 10/9/2014 1:41:49 PM PT Signing Complete Security Checked 10/9/2014 1:41:49 PM PT Completed Security Checked 10/9/2014 1:41:49 PM PT Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, City of Palo Alto (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify City of Palo Alto as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Palo Alto during the course of my relationship with you. ORDINANCE NO. XXXX ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 2015 IN THE AIRPORT ENTERPRISE FUND, ESTABLISHING THE RUNWAY AND TAXIWAY REHABILITATION PROJECT (AP-15003) IN THE AMOUNT OF $540,000, OFFSET BY A REIMBURSEMENT FROM THE FEDERAL AVIATION ADMINISTRATION IN THE AMOUNT OF $500,027, AND A REIMBURSEMENT BY THE COUNTY OF SANTA CLARA IN THE AMOUNT OF $39,993 AS AGREED IN THE TERMINATION ASSIGNMENT AND ASSUMPTION AGREEMENT. ADDITIONALLY, THE AIRPORT TERMINAL PROJECT (AP-15001) WILL BE DEFUNDED AND CLOSED, RESULTING IN SAVINGS OF $180,000, OF WHICH $40,000 WILL BE REPROGRAMMED TO THE AIRPORT FUND OPERATING BUDGET FOR REPAIRS NEEDED TO RETAIN THE TERMINAL TRAILER ON THE AIRPORT SITE. The Council of the City of Palo Alto does ordain as follows: SECTION 1. The Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 16, 2014 did adopt a budget for Fiscal Year 2015; and B. On August 11, 2014, the City completed the transfer of sponsorship, operation and management of the Palo Alto Airport from the County of Santa Clara, allowing for the City to qualify for federal funding for an urgently needed runway improvement project; and C. In the 2015 Adopted Capital Budget, funding in the amount of one hundred and eighty thousand dollars was allocated in the Airport Fund for the Temporary Airport Terminal Project (AP-15001), which would provide for a modular trailer to be installed at the Airport to serve as a temporary terminal building to receive the flying community and office space to house airport staff until the completion of an Airport Master Plan; and D. As part of the transfer agreement with the County of Santa Clara, the County committed to make payments totaling one hundred and eleven thousand dollars to the City, including sixty one thousand dollars for the planned runway capital improvement project costs. That payment represents the “local share” of the cost of this project, as it was anticipated that the Federal Aviation Administration would provide grant funding for ninety percent of the project’s cost; and E. On August 18, 2014, the City Council approved a resolution authorizing the submittal of a grant application to the Federal Aviation Administration for repairs of the Palo Alto Airport runway and taxiways, and was subsequently approved for a grant in the amount of up to five hundred thousand and twenty seven dollars. The Federal Aviation Administration will reimburse ninety percent of the project costs up to the maximum grant amount, and the local match will be funded by the County of Santa Clara in compliance with the transfer agreement; and F. With an Airport Master Plan potentially being developed, staff explored if it would be more cost effective to make a number of repairs to provide a safe, healthy, and secure office space for staff and airport users, rather than installing a modular trailer, as approved as part of the Temporary Airport Terminal project; and G. City of Palo Alto staff has determined that the current terminal building space would be acceptable for the near term once the roof was repaired, a foam sealant was added, the siding was repaired, and new paint and flooring were installed. It is anticipated that these improvements will cost forty thousand dollars, providing cost savings of one hundred and forty thousand dollars as compared to the funding amount approved as part of the Temporary Airport Terminal Project. Due to the nature of these improvements, it is more appropriate to fund these improvements out of the operating budget rather than the capital budget. SECTION 2. The net sum of One Hundred and Eighty Thousand Dollars is hereby reduced from the Temporary Airport Terminal project (AP-15001), and the project is to be closed. The sum of Forty Thousand Dollars is hereby added to the operating budget in the Airport Fund for improvements to the current airport terminal building, resulting in the return of One Hundred and Forty Thousand Dollars to the ending fund balance of the Airport Fund. The sum of Five Hundred and Forty Thousand dollars is hereby allocated to a new capital project, the Palo Alto Airport Runway and Taxiways Rehabilitation Project (AP-15003). This increase is offset by an increase to the estimate for revenue from other agencies in the amount of five hundred and forty thousand dollars, comprised of five hundred thousand and twenty seven dollars for the Federal Aviation Administration and thirty nine thousand, nine hundred and seventy three dollars from the County of Santa Clara. SECTION 3. As specified in Section 2.28.080(a) of the Palo Alto Municipal Code, a two-thirds vote of the City Council is required to adopt this ordinance. SECTION 4. As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. SECTION 5. The Council of the City of Palo Alto hereby finds that this proposed rehabilitation project is considered as minor alterations and repairs to existing facilities and is categorically exempt from the California Environmental Quality Act (CEQA) section 15301 guidelines. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Manager City Attorney Director of Public Works Director of Administrative Services IFB 155343 PALO ALTO AIRPORT: PAVEMENT REHABILITATION OF RUNWAY 13-31 AND TAXIWAYS BID SUMMARY #BID ITEM QUANTITY UNITS 1 Airfield safety and traffic control 1 LS 60,000.00$ 60,000.00$ 85,000.00$ 85,000.00$ 66,356.00$ 66,356.00$ 60,725.00$ 60,725.00$ 2 Mobilization 1 LS 30,000.00$ 30,000.00$ 35,000.00$ 35,000.00$ 21,506.00$ 21,506.00$ 30,000.00$ 30,000.00$ 3 Surface prep and 60% paint removal 45,700 SY 1.25$ 57,125.00$ 0.65$ 29,705.00$ 0.62$ 28,334.00$ 1.70$ 77,690.00$ 4 95% Paint Removal 4,500 SY 10.00$ 45,000.00$ 11.00$ 49,500.00$ 8.98$ 40,410.00$ 11.88$ 53,460.00$ 5 Microsurfacing 45,700 SY 2.75$ 125,675.00$ 2.43$ 111,051.00$ 3.61$ 164,977.00$ 1.65$ 75,405.00$ 6 Crack Sealing 1,500 LF 3.75$ 5,625.00$ 5.00$ 7,500.00$ 8.50$ 12,750.00$ 4.46$ 6,690.00$ 7 Pavement Repair and AC Patch Prep 1 LS 24,000.00$ 24,000.00$ 25,000.00$ 25,000.00$ 26,750.00$ 26,750.00$ 43,482.00$ 43,482.00$ 8 Tie-Down Demolition 36 EA 300.00$ 10,800.00$ 280.00$ 10,080.00$ 300.00$ 10,800.00$ 100.00$ 3,600.00$ 9 Hot Mix Asphalt 275 TON 175.00$ 48,125.00$ 215.00$ 59,125.00$ 230.00$ 63,250.00$ 225.00$ 61,875.00$ 10 Pavement Marking - White 9,200 SF 2.75$ 25,300.00$ 1.25$ 11,500.00$ 1.71$ 15,732.00$ 2.60$ 23,920.00$ 11 Pavement Marking - Yellow 8,500 SF 2.75$ 23,375.00$ 1.25$ 10,625.00$ 1.71$ 14,535.00$ 2.57$ 21,845.00$ 12 Pavement Marking - Black 14,000 SF 1.75$ 24,500.00$ 0.75$ 10,500.00$ 1.00$ 14,000.00$ 1.50$ 21,000.00$ 13 "No Vehicle" Pavement Markings 4 EA 500.00$ 2,000.00$ 250.00$ 1,000.00$ 150.00$ 600.00$ 562.50$ 2,250.00$ BASE BID TOTAL:481,525.00$ 445,586.00$ 480,000.00$ 481,942.00$ ENGINEER'S ESTIMATE GRAHAM CONTRACTORS VSS INTERNATIONAL, INC. ALANIZ CONSTRUCTION City of Palo Alto (ID # 5172) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/27/2014 City of Palo Alto Page 1 Summary Title: Housing Trust Silicon Valley - Budget Amendment Ordinance Title: Approval of Budget Ordinance Amendment for $200,000 in Financial Contribution to the Housing Trust Silicon Valley From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council adopt the attached Budget Amendment Ordinance (Attachment A) to support use of $200,000 from the Residential Housing In-Lieu Fund (Fund 233) by the Housing Trust Silicon Valley for Fiscal Year 2015. Executive Summary On June 16, 2014 (Staff Report 4783), the City Council approved an amendment to an existing agreement with the Housing Trust Silicon Valley (HTSV), formerly known as the Housing Trust Santa Clara County, to provide a $200,000 financial contribution to the HTSV. The contribution is intended to support activities aimed at increasing affordable housing opportunities. In the same June 16 action, the Council approved an associated Budget Amendment Ordinance (BAO 5253), however, the BAO was designated for FY 2014 and due to a clerical error the appropriation was not utilized before the end of the fiscal year. Therefore the appropriation lapsed and the unused funds for the financial contribution are still in the fund balance of the Residential Housing-in-Lieu Fund. Therefore, a Fiscal Year 2015 Budget Amendment Ordinance is necessary in order to fund the HTSV request for this budget year. Since the Council has already approved the amendment to the existing agreement, only approval of the BAO is necessary to reappropriate the $200,000. Please note that the Council is not allocating additional funds as part of this request. The City of Palo Alto has provided a total of $950,000 in financial contributions since the inception of the HTSV in 2000 to increase affordable housing opportunities in Palo Alto. HTSV has invested over $4.6 million in Palo Alto through its homeless/special needs, multi-family residential loan programs, and first-time homebuyer assistance program. No General Fund monies are being used for this housing activity. Only Housing funds comprised of developer City of Palo Alto Page 2 impact fees are used to contribute to HTSV and these Housing funds are restricted for the development of affordable housing and no other purpose. Background In 2000, the Housing Trust Silicon Valley was created to provide additional financial resources to address the County’s affordable housing deficit. The HTSV’s initial funding endowment of $20 million was met in two years and included contributions from public jurisdictions in the County, major employers and private foundations. On October 23, 2000, the City Council approved a contribution of $500,000 from the City’s Residential Housing In-Lieu Fund, with the provision that the City’s fund be used exclusively for qualifying affordable housing projects located within Palo Alto. The City provided additional funding in the amount of $150,000 in 2004, and in 2009 and 2010, the City contributed $100,000 each of those years. On December 13, 2010, the City Council approved an allocation of $100,000 from the Residential Housing In-Lieu Fund for a City contribution to HTSV. On April 23, 2012, the Council approved another $200,000 contribution to HTSV. HTSV anticipates a higher number of loans at higher amounts in the upcoming year, based on developer feedback. HTSV will also be awarding higher amounts for predevelopment loans. The City’s participation in the Housing Trust has increased the available housing funding for a number of Palo of Alto projects, including its loan of $600,000 for the Palo Alto Housing Corporation’s acquisition of 2811-2825 Alma St. and $555,000 for the rehabilitation of Stevenson House. Since the execution of the Agreement with the City, the HTSV has loaned or committed approximately $4.6 million to non-profit housing developers for various projects in Palo Alto as shown below. Project Name Number of Units HTSV Loan Amount Opportunity Center 89 $ 650,000 Oak Court Apartments 53 $ 400,000 Fabian Way Senior Housing 56 $ 689,439 Tree House Apartments 35 $ 500,000 801 Alma Family Housing 50 $ 500,000 2811 Alma Street 6 $ 600,000 Stevenson House 120 $ 555,000 Stevenson House (funds committed) $ 750,000 Total 409 $ 4,644,439 In addition, the HTSV invested close to $111,000 assisting 17 households purchase homes in Palo Alto through its first-time homebuyer program. Assisted households had an average income of $58,466, and the average home purchase price was $239,443. City of Palo Alto Page 3 Resource Impact Sufficient fund balance is available in the Residential Housing In-Lieu Fund (Fund 233) for the contribution of $200,000, which was already approved by City Council on June 16, 2014. When approved in June 2014, due to a clerical error, the funds were not encumbered for the loan during the remainder of Fiscal Year 2014. Since the funds were not utilized in Fiscal Year 2014, they are available in the Residential-in-Lieu Fund balance and need to be appropriated for the financial contribution with this Budget Amendment Ordinance. The $200,000 will be transferred immediately to the HTSV after approval of the Budget Amendment Ordinance. No General Fund monies are being used for this housing activity. Policy Implications The recommendation furthers Comprehensive Plan policies that support addressing housing needs on a regional basis and working with outside agencies and other jurisdictions to develop and implement housing programs. Environmental Review This action is not considered a project subject to the California Environmental Quality Act, as it would not cause a physical change in the environment. Attachments: Attachment A: Budget Amendment Ordinance - Housing Trust Silicon Valley (DOCX) ORDINANCE NO. XXXX ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 2015 TO PROVIDE ADDITIONAL APPROPRIATION OF $200,000 IN THE RESIDENTIAL HOUSING IN-LIEU FEE FUND (FUND 233) FOR THE HOUSING TRUST SILICON VALLEY (HTSV) AFFORDABLE HOUSING GRANT PROGRM. The Council of the City of Palo Alto does ordain as follows: SECTION 1. The Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 16, 2014 did adopt a budget for Fiscal Year 2015; and B. The City’s Housing Reserve Guidelines require that funds be used to expand, preserve, or improve the supply of low and moderate housing in the City as defined by the City’s Comprehensive Plan. C. The City desires to expand, preserve, or improve affordable housing for persons and families of low and moderate income in the City of Palo Alto. D. On June 16, 2014 the City Council voted to amend the Fiscal Year 2014 budget for this action but due to a clerical error the funds were not encumbered and the appropriation was not utilized before the end of the fiscal year, resulting in the appropriation returning to fund balance. E. A contribution of $200,000 from the Residential Housing In-Lieu Fee Fund balance will be transferred to the Housing Trust of Silicon Valley to provide financial assistance for qualifying affordable housing projects located within the City of Palo Alto. SECTION 2. The sum of Two Hundred Thousand Dollars ($200,000) is hereby appropriated to the Housing Trust of ATTACHMENT A Silicon Valley for affordable housing projects within the City of Palo Alto and the ending fund balance in the Residential Housing In-Lieu Fund is decreased by Two Hundred Thousand Dollars ($200,000). SECTION 3. As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. SECTION 4. The Council of the City of Palo Alto hereby finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Manager City Attorney Director of Planning & Community Environment Director of Administrative Services City of Palo Alto (ID # 5150) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/27/2014 City of Palo Alto Page 1 Summary Title: CSD - Youth Community Services Mutual Cooperation and Support Agreement Title: Approval of Mutual Cooperation and Support Agreement Between the City of Palo Alto and Youth Community Services (YCS) for Youth and Teen programs in Partnership with the Community Services Department From: City Manager Lead Department: Community Services Recommendation Staff recommends that Council approve the Mutual Cooperation and Support Agreement (Attachment A) between the City of Palo Alto and Youth Community Services (YCS) for youth and teen programs in partnership with the Community Services Department. Background YCS was founded in 1990 as a unique partnership between the cities of East Palo Alto and Palo Alto and their two school districts - Ravenswood City School District and Palo Alto Unified School District. The goal of the partnership was to increase cross-community awareness and collaboration through youth service. Since its founding YCS has become a non-profit 501c3 organization and has engaged more than 15,000 young people in service opportunities that allow them to learn more about themselves and their community, providing over 100,000 hours of service to more than 40 local community organizations. Service learning is a teaching pedagogy that engages students in active participation in an integrated curriculum of learning and service that meets the needs of the community. Service learning can be infused into academic curriculum or incorporated into an after-school program. YCS Youth Programs engage youth in community service activities that promote increased awareness of the needs of their communities and the development of individual community service self-efficacy, and positive emotional and behavioral health. YCS actively collaborates with a number of K-12 educators and community-based organizations in northern Santa Clara and southern San Mateo Counties. City of Palo Alto Page 2 YCS offers training for educators and community-based organizations on the methods for developing and implementing high quality service learning programs. YCS also provides ongoing technical assistance to K-18 service learning practitioners in San Mateo, Santa Clara, San Benito, Santa Cruz and Monterey Counties. Discussion As we open Mitchell Park Community Center the Community Services Department is seeking to strengthen partnerships with local non-profit groups to provide programs and services at the new center and beyond. The City of Palo Alto has a long history of partnership with YCS beginning with being a founding partner in 1990. With this agreement the City of Palo Alto combines and builds upon the many existing collaborative activities the City and YCS are engaged in, into one comprehensive agreement. Collaborative activities between the City and YCS included in this agreement include: SWAG (Students with a Gateway), an asset-building program for youth ages 11-14, encouraging youth to begin a lifelong path of service and leadership. Martin Luther King, Jr. Day of Service, a special event organized to connect young people of all ages with City and community agencies to learn to express their dreams for their community. Service Club at the Mitchell Park Library and Community Center, created to partner youth with City staff to enable exploration of hands-on learning that builds confidence and connections. YCS Family Service Day on National Youth Service Day, meant to engage youth and their families from our diverse mid-peninsula communities in volunteering together. YCS Summer of Service and Freshman Leadership Corps day camp programs. Each summer Youth Community Service offers two-week Summer of Service Camps for middle school youth, and a Freshman Leadership Camp for incoming ninth graders. Campers develop leadership skills, have fun and meet new friends while helping out in the community. Each day, campers travel in diverse teams to local schools, senior centers, food banks, and parks to serve and learn about the community. They enjoy games, field trips, a pool party, and more. Youth entering 6th, 7th, 8th, or 9th grade are invited to join these programs for a summer of satisfaction, growth, and fun. YCS hosts the annual Italian Street Painting Expo on Tasso Street to showcase youth and adult chalk artists during the Palo Alto Festival of the Arts each year in August. Other events like the May Fete Parade and Fair, World Music Day, and 4th of July Chili Cook-off, YCS collaborates with City and community partners to encourage youth to step up to provide essential volunteer services. The City of Palo Alto’s responsibilities in this agreement include: City of Palo Alto Page 3 The CITY and PAUSD will alternate in providing office space for YCS operations. This space is inclusive of electricity, phone and data network, water and shared restroom facilities. The CITY will provide access to CITY-owned or -controlled meeting space when it is available. The CITY will provide YCS with the opportunity to utilize the City of Palo Alto Recreation Division vehicles as available. The CITY, along with YCS, will cosponsor Summer of Service (SOS) and Freshman Leadership Corps day camp programs (administration support for registration, advertising for camp registration and special events, summer camp liability insurance, swimming pool usage by campers). The CITY will provide park space as available for the annual YCS Family Service Day on National Youth Service Day in April. The CITY will provide space for YCS tables and promotional activities at special events sponsored by the City of Palo Alto (e.g. Chili Cook-off). The CITY will provide staff support for the SWAG pre-teen youth service and leadership program. The CITY will provide staff support for the annual Martin Luther King, Jr. Day of Service. The CITY will provide staff support and community center and library space for a service club at the Mitchell Park Library and Community Center. The City Manager shall represent the CITY for all purposes under this Agreement. The director of the Department of Community Services (“CSD”)’will supervise the progress and execution of this Agreement, and will be assisted by the assistant director. This City partnership with YCS allows the Recreation Division of the Community Services Department to do more impactful youth programming work than the City would be able to do alone. By leveraging the expertise and resources of YCS, youth programs at Mitchell Park Community Center will be enhanced by adding service learning experiences that will have long lasting positive impact on the lives of Palo Alto’s youth and teens that participate. While results vary depending on the intensity, quality, and type of service-learning researchers frequently find that many positive changes occur for young people who engage in service. For this reason Service to Others, which is one of the 41 Developmental Assets (Attachment B), is considered a gateway asset. This is because when a young person engages in Service to Others they are simultaneously engaged and promoting other important Developmental Assets such as the following: #9 Service to Others | Young person serves in the community one hour or more per week #30 Other Adult Relationships | Young person receives support from three or more nonparent adults. City of Palo Alto Page 4 #7 Community Values Youth | Young person perceives that adults in the community value youth. Youth as Resources | Young people are given useful roles in the community #26 Caring | Young Person places high value on helping other people. #30 Responsibility | Young person accepts and takes personal responsibility. #39 Sense of Purpose | Young person reports that "my life has a purpose." Community service, volunteering, and service learning do more than allow youth to help the community, these activities provide youth with the positive experiences, relationships, and connections that help them thrive. Research shows that the developmental asset of service to others also results in higher academic performance, increased self-esteem, reduced incidence of depression, better problem-solving skills, and increased community involvement as an adult. This agreement with YCS is an investment in Palo Alto’s youth and teens and builds upon a long history of collaboration between a valued non-profit partner YCS. Policy Implications This agreement is consistant with the goals and objectives of Project Safety Net, the City’s Resolution to incorporate Developmental Assets into City youth programs and the Palo Alto Youth Master Plan. Resource Impact The resource impact of this agreement is predominantly staff time in support of the programs and events defined in the agreeement. Additional resources such as meeting space, park space for events and Recreation Division vehicles to transport particpants to local service learning sites will be provided to support YCS programs as available. The City will coordinate and process the summer camp program registrations for the Summer of Service camp and provide YCS with the contractually agreed upon amount from the summer camp registration revenue received for the summer program to help defray the costs associated with running the summer camp program. The agreement includes a provision that the City of Palo Alto and Palo Alto Unified School District will alternate in providing office space for YCS operations. This space is inclusive of electricity, phone and data network, water and shared restroom facilities. Currently PAUSD provides office space for YCS and will continue to do so for the foreseeable future. In the past the City of Palo Alto has provided office space at the previous Teen Center in downtown Palo Alto, and also at Cubberley Community Center and the previous Mitchell Park Community Centers. Attachments: Attachment: Att A YCS Signature MOU (PDF) Attachment: Attachment B - 41 Developmental Assets (PDF) YOUTH DEVELOPMENT INITIATIVE To bring youth and adults together to provide the supports and opportunities that young people in San Mateo County need to thrive. www.BetheDifference.org ITALICIZED and Bolded Assets are focuses of the Youth Development Initiative mission. Category Asset Name and Definition Support 1.FAMILY SUPPORT Family life provides high levels of love and support 2.POSITIVE FAMILY COMMUNICATION Young person and her or his parent(s) communicate posi- tively, and young person is willing to seek advice and counsel from parent(s) 3.OTHER ADULT RELATIONSHIPS Young person receives support from three or more non-parent adults 4.CARING NEIGHBORHOOD Young person experiences caring neighbors 5.CARING SCHOOL CLIMATE School provides a caring, encouraging environment 6.PARENT INVOLVEMENT IN SCHOOLING Parent(s) are actively involved in helping young person succeed in school Empowerment 7.COMMUNITY VALUES YOUTH Young person perceives that adults in the community value youth 8.YOUTH AS RESOURCES Young people are given useful roles in the community 9.SERVICE TO OTHERS Young person serves in the community one hour or more per week 10.SAFETY Young person feels safe at home, school, and in the neighborhood Boundaries & Expectations 11.FAMILY BOUNDARIES Family has clear rules and consequences and monitors the young per- son's whereabouts 12. SCHOOL BOUNDARIES School provides clear rules and consequences 13.NEIGHBORHOOD BOUNDARIES Neighbors take responsibility for monitoring young people's behavior 14.ADULT ROLE MODELS Parent(s) and other adults model positive, responsible behavior 15.POSITIVE PEER INFLUENCE Young person's best friends-model responsible behavior 16.HIGH EXPECTATIONS Both parent(s) and teachers encourage the young person to do well Constructive Use of Time 17.CREATIVE ACTIVITIES Young person spends three or more hours per week in lessons or practice in music, theater, or other arts 18.YOUTH PROGRAMS Young person spends three or more hours per week in sports, clubs, or or- ganizations at school and/or in the community 19. RELIGIOUS COMMUNITY Young person spends one or more hours per week in activities in a religious institution 20. TIME AT HOME Young person is out with friends "with nothing special to do" two or fewer nights per week Commitment to Learning 21.ACHIEVEMENT MOTIVATION Young person is motivated to do well in school 22.SCHOOL ENGAGEMENT Young person is actively engaged in learning 23.HOMEWORK Young person reports doing at least one hour of homework every school day 24.BONDING TO SCHOOL Young person cares about her or his school 25.READING FOR PLEASURE Young person reads for pleasure three or more hours per week Positive Values 26.CARING Young person places high value on helping other people 27. EQUALITY AND SOCIAL JUSTICE Young person places high value on promoting equality and reducing hunger and poverty 28.INTEGRITY Young person acts on convictions and stands up for her or his beliefs 29.HONESTY Young person "tells the truth even when it is not easy." 30.RESPONSIBILITY Young person believes accepts and takes personal responsibility 31.RESTRAINT Young person believes it is important not to be sexually active or to use alcohol or other drugs Social Competencies 32.PLANNING AND DECISION MAKING Young person knows how to plan ahead and make choices 33.INTERPERSONAL COMPETENCE Young person has empathy, sensitivity, and friendship skills 34.CULTURAL COMPETENCE Young person has knowledge of and comfort with people of different cultural/racial/ethnic backgrounds 35.RESISTANCE SKILLS Young person can resist negative peer pressure and dangerous situations 36.PEACEFUL CONFLICT RESOLUTION Young person seeks to resolve conflict nonviolently Positive Identity 37.PERSONAL POWER Young person feels he or she has control over "things that happen to me." 38.SELF-ESTEEM Young person reports having a high self-esteem 39.SENSE OF PURPOSE Young person reports that "my life has a purpose." 40.POSITIVE VIEW OF PERSONAL FUTURE Young person is optimistic about her/his personal future 41.POSITIVE CULTURAL IDENTITY Young person feels proud of her/his cultural background * IN T E R N A L A S S E T S EX T E R N A L A S S E T S The 40 Developmental Assets have been identified through the research by the Search Institute (www.search-institute.org) of Minneapolis, Minnesota as the “building blocks of healthy development that help young people grow up healthy, caring, and responsible adults.” Project Cornerstone (www.projectcornerstone.org) of Santa Clara County, California established the need for the *41st Asset through community outreach and input. The Youth Development Initiative has adapted the Developmental Assets as its guiding theory in advancing the Youth Development movement. Attachment B City of Palo Alto (ID # 5223) City Council Staff Report Report Type: Consent Calendar Meeting Date: 10/27/2014 City of Palo Alto Page 1 Summary Title: CAO Committee Recommendation to Appoint Acting City Clerk Title: Approval of Council Appointed Officer Committee Recommendation to Appoint Beth Minor as Acting City Clerk From: City Manager Lead Department: Human Resources Recommendation The Council Appointed Officers (CAO) Committee recommends that Council approve the appointment of Beth Minor, Assistant City Clerk, as Acting City Clerk commencing with the retirement of Donna Grider, City Clerk, on Nov. 6, 2014. Background The Palo Alto City Clerk, Donna Grider, has announced her retirement effective Nov. 7, 2014. Discussion The CAO Committee met on October 21, 2014 and discussed that there is a need to appoint an Acting City Clerk. The CAO Committee unanimously voted to recommend that Council appoint the current Assistant City Clerk, Beth Minor to the position of Acting City Clerk while a recruitment for the City Clerk is conducted. Resource Impact Beth Minor’s annual salary is $92,498; she is entitled to 10 percent above her current salary in the Acting City Clerk role. Therefore, her salary as Acting City Clerk will be $101,747.80. It is anticipated that there is sufficient salary savings in the City Clerk’s budget to cover the higher salary and benefits costs. City of Palo Alto (ID # 5001) City Council Staff Report Report Type: Action Items Meeting Date: 10/27/2014 City of Palo Alto Page 1 Summary Title: Expansion to the Shuttle Program - Phase 2. Title: Palo Alto Shuttle Program Expansion - Presentation of Phase 2 Alternatives From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that Council receive this report on Phase Two expansion opportunities for the free Palo Alto Shuttle Program and provide direction on next steps including potentially: (1) increasing the frequency of service on the existing Crosstown Shuttle Route, (2) soliciting private-sector funding to offset the costs of a new West Shuttle Route from the University Caltrain Station into the West Bayshore Business Park in Mountain View, and (3) initiating trial service between Downtown/University Avenue and the Stanford Shopping Center Trolley in Summer 2015, all of which would require staff to return to Council with additional action items, including a Budget Amendment Ordinance to allocate funding set aside in an earmarked reserve for the shuttle program in the Fiscal Year (FY) 2015 budget and amendment(s) to the City’s contract with MV Transportation. Executive Summary The City of Palo Alto has historically provided free shuttle service via a shuttle program that includes two shuttle routes: the Crosstown Shuttle Route, and the Embarcadero Shuttle Route (which is funded by Caltrain). These shuttle routes supplement scheduled VTA bus services (including their supplemental school shuttles), Stanford’s free shuttle service, and other private shuttles offered by businesses and institutions in the region. Early in 2014, expansion of the shuttle program was identified as a way to address concerns about increased traffic and parking demand, and funding was set aside in an earmarked reserve in the FY 2015 Adopted Budget. The City selected MV Transportation as the operator for the Palo Alto Shuttle Program and the City Council authorized Phase One of a plan to expand the City of Palo Alto Page 2 Palo Alto shuttle program by introducing a new shuttle route in partnership with the City of East Palo Alto. Potential additional expansion opportunities were first identified by staff in the Request for Proposals (RFP) to solicit vendors for the shuttle program. As part of this RFP, staff introduced concepts for new shuttle routes, including the East Palo Alto service that has since been initiated in partnership with East Palo Alto, and a West Shuttle Route to connect the Downtown/University Caltrain Station to the West Bayshore area. During the budget process, members of the City Council questioned whether the West Shuttle Route was duplicative of VTA service, and requested further analysis of Phase Two options. In response to the City Council’s questions, the City hired Fehr & Peers Transportation Consultants to provide an independent assessment of the existing shuttle routes, proposed route options from the RFP, and other shuttle expansion opportunities. The complete Fehr & Peers Study is provided in Attachment A and recommends that the City consider: Increased Crosstown Shuttle Route Frequency during Non-Peak Hours The report recommends increasing the Crosstown Shuttle frequency from one-hour to 30-minutes during non-peak hours (10AM – 3PM), and predicts that this could yield a 40% increase in ridership at a cost of $88,800 annually. New West Shuttle Route The report recommends pursuing a new shuttle route to link the University Avenue Caltrain Station with employment centers in the Shoreline Business Park in the City of Mountain View at a cost of $400,000. It is expected that the cost will be shared with employers in the Shoreline Business Park. Trial Service between Downtown Palo Alto and the Stanford Shopping Center The report supports trial, seasonal shuttle service during Holiday and Summer period to determine interest in connecting Downtown Palo Alto with the Stanford Shopping Center at a cost of $20,000 (one time trial). Background Earlier this year the City, the Phase One expansion of the Palo Alto Shuttle Program introduced a new shuttle route in partnership with the City of East Palo Alto, bringing the total number of shuttle routes in the program to three routes: 1. Crosstown Shuttle The Crosstown Shuttle provides a north-south transit connection from Charleston Road to the University Avenue Caltrain station along Middlefield Road and several community neighborhoods. This route serves both JLS and Jordan middle schools during the morning and afternoon bell schedules. Crosstown Route operates on one-hour headway during most of the day, except for the morning and mid-afternoon school bell schedule City of Palo Alto Page 3 period when there is additional service to support school activity. This route is funded 100% by the City’s General Fund and operates Monday through Friday, excluding some holidays, from 7:40AM-5:30PM. 2. Embarcadero Shuttle The Embarcadero Shuttle connects the business parks on the east side of the City along Embarcadero Road to the University Avenue Caltrain Station. The City currently contracts with the Peninsula Corridor Joint Powers Board (JPB) for the Embarcadero Shuttle, which is a part of the Caltrain peak hour commuter shuttle program and subsidized 75% by the JPB. The remainder 25% is subsidized by Palo Alto (the General Fund). Effective October 5th, 2014, Caltrain adjusted its timetable that also resulted in revision of the Embarcadero Shuttle schedule to better accommodate new train timings. The shuttle operates on 15-minute headway Monday through Friday from 6:50AM-9:50AM and 3:10PM-6:50PM, excluding some holidays. The Embarcadero Shuttle includes a Special Run to Jordan Middle School to supplement the Crosstown Shuttle Routes demand for transit service to the school. 3. East Palo Alto Shuttle The East Palo Alto Route began operations on July 1, 2014 and links the University Avenue Caltrain Station with Woodland Avenue community in East Palo Alto. This route is fully funded by the City of East Palo Alto but is managed by the City of Palo Alto. This route operates on 30-minutes headways, seven days per week, excluding some holidays, from approximately 6:00AM to 10:00AM and 4:00PM-9:00PM. Discussion The City partnered with Fehr & Peers Transportation Consultants to provide an independent assessment of the Palo Alto Shuttle Program to help identify efficiency and expansion opportunities, Fehr & Peers presented a draft of their study to the Planning and Transportation Commission on September 10, 2014 and their work has since been supplemented with preliminary findings of an On-Board Ridership Survey conducted during the month of October 2014. As part of their analysis Fehr & Peers conducted both a Case Study Review of other similar shuttle programs to determine the effectiveness of the Palo Alto Shuttle Program and a Market Assessment of potential service demand areas within the City where unmet transit needs by the City and other transit operators coule be considered. PTC Input The PTC staff report is provided in Attachment B (Staff Report ID No. 5088) and draft verbatim minutes are provided in Attachment C. City of Palo Alto Page 4 Current Palo Alto Shuttle Ridership Patterns and Market Demand Assessment Fehr & Peers estimated the Boardings per “Revenue Mile” of the Palo Alto Shuttle Routes and compared them to similar routes and the existing VTA and Samtrans routes. Although the City does not charge for use of the Palo Alto Shuttle Program, examining boardings per “revenue mile” (meaning miles during which the shuttle is in service) helps to compare use of the routes with other similar services. Table 1 Palo Alto Shuttle Program – Boarding’s per Revenue Mile Comparison(1) Route Boarding’s per Revenue Mile(1) Palo Alto – Crosstown 2.8 Palo Alto – Embarcadero 1.4 Palo Alto – East Palo Alto N/A(2) Emeryville – Hollis Route 3.7 Emeryville – Shellmound-Powell 5.5 Emeryville – Watergate Express 3.4 Irvine iShuttle – A Route 0.9 Irvine iShuttle – B Route 1.0 Irvine iShuttle – C Route 2.6 Irvine iShuttle – D Route 1.1 VTA Bus System (Average) 2.2 Samtrans Bus System (Average) 2.0 Notes: (1) In the case of free shuttles, the term “revenue mile” refers to the miles during which the shuttle is in service. (2) East Palo Alto shuttle route data is not available due to recent start date, 7-1-14 Source: Fehr & Peers, 2014 The Crosstown Shuttle Route shows strong service demand and utilization compared the popular Emeryville-go-Round shuttle program in the East Bay and high utilization that the average use of the VTA and Samtrans systems. Palo Alto Shuttle Program-Existing Route changes Fehr & Peers evaluated the efficiency of each of the Palo Alto existing shuttle routes to determine if modifications could be made to provide better connections with additional transit facilities such as Caltrain or VTA, making the routes more attractive for new users. The recommended service changes are listed below by route: Crosstown Route Fehr & Peers recommends that the service frequency for Crosstown route be doubled during the hours of 10AM-3PM since the ridership peaks during midday period. This City of Palo Alto Page 5 would provide enhanced service for seniors and other riders with midday mobility needs. Fehr & Peers recent research suggests that the elasticity of ridership with respect to frequency is around 40 percent. This means that a doubling of transit frequency would be expected to yield around a 40 percent increase in ridership. This recommendation was further validated during the recent On-Board rider survey conducted by the City. A total of 33 people on Crosstown Shuttle responded to this survey while only 11 (33%) are satisfied with the existing frequency of service of Crosstown Shuttle. However, 20 of these 33 respondents (61%) indicated that they value frequency of service as one of the most important feature to them. Embarcadero Route Shortly after this study was concluded, Embarcadero schedule was slightly modified by Caltrain to better coordinate with the new train timing changes implemented by Caltrain. These changes are minor and Embarcadero Shuttle still maintains a 15-20 minute headway with no changes to the special trip that serves Jordan Middle School during peak periods. Fehr & Peers recommends no changes to the Embarcadero Route due to an already short headway of 15-minutes and notes that comprable transit expansions planned for the VTA for their Bus Rapid Transit program aim to achieve a 15-minute headway. The study discusses City’s interest in a potential satellite parking lot along Embarcadero Road – East of Geng Road for which the Embarcadero Shuttle Route could help to provide a bridge between parking and the University Avenue Business District. Fehr & Peers recommends retaining the existing route configuration but possibly considering an expansion to non-peak hours if the Embarcadero Road Satellite Parking Lot alternatives were to come online in the future. East Palo Alto Route This shuttle was recently introduced to the community starting on July 1, 2014. No modifications are recommended at this time. Palo Alto Shuttle Program-Proposed Routes Fehr & Peers focused their review of alternative shuttle route alignments on the routes included in the Palo Alto – Shuttle Operator RFP earlier this Spring. Proposed West Shuttle Route The idea for a West Shuttle Route grew out of community workshops held in July 2011, where staff solicited residents input on how to improve the shuttle program. The proposed West Shuttle route would connect South Palo Alto with the business and retail districts in North Palo Alto, complementing existing VTA routes. Based on the Fehr & Peers transit likelihood index provided in the attached report, it is likely that this route may generate ridership. City of Palo Alto Page 6 The proposed route can serve as a community-based and first/last mile shuttle connecting riders with various transit options available along El Camino Real or at the Palo Alto Caltrain station, supporting transfer opportunities to Caltrain and VTA routes. This route can provide access to shopping, business and health care districts along El Camino real for riders from South Palo Alto. Currently riders from South Palo Alto transfer from VTA Route 88 or 104 to VTA routes 22 or 522 to access services along El Camino Real. The evaluation conducted by Fehr and Peers found that the West Shuttle route complements VTA routes 22/522. During the route development, staff also coordinated with VTA and Samtrans so there are no conflicts to their existing service. West Shuttle route would provide transit options in areas where service lacks today. Alternate Routes Considered: During the route development of West Shuttle Route, City staff considered Alma street as an alternative to El Camino Real. However, due to limited roadway width and limited public right-of-way available to City, Alma street is not a viable option for a shuttle route. There are also no safe locations along west side of Alma Street for shuttle vehicles to pull over for shuttle stops and merge back in traffic. Staff considered a possibility for shuttle to travel northbound on Alma Street until Meadow or Charleston but in order to provide transit connections to areas west of El Camino Real, shuttle would have to turn left over Caltrain tracks. Staff is trying to avoid these left turns due to high train frequencies in Palo Alto and is also aware that preemption in traffic signals could cause delay in shuttle schedule. City staff also considered Park Boulevard as an alternative to El Camino Real for West Shuttle route. Park Boulevard is a designated bicycle boulevard in the City and providing a shuttle along this route would significantly impact this local street. In addition, there are existing traffic barriers along Park Boulevard that limits vehicular movement. Providing an exception to shuttle vehicles would conflict the purpose of these traffic calming measures placed on this street. City staff is partnering with Caltrain currently to evaluate safety improvements along Caltrain corridor which includes potentially limiting access to Meadow Drive and/or Charleston Road. However due to high operating costs, the West Shuttle Route may only be feasible through public-private partnerships. Partnership opportunities exist with large employers in the Mountain View – Shoreline Business Park. With Council concurrence, staff would outreach to large employers in that area to gauge interest in partnerships to expand the route as currently envisioned with express service to Caltrain during peak hours and shorter routes with more frequent headways during non-peak hours focused on Palo Alto residents. Staff would return to Council in December with the findings of these outreach efforts. The route can also introduce a special Palo Alto High School City of Palo Alto Page 7 (Paly) run with service to the Colorado Avenue/Cowper Street areas which does not currently exist. Proposed University/Stanford Shopping Center Trolley Route A University Avenue/Stanford Shopping route was proposed to operate during the hours of 11AM-1:30PM during summer months using an open air trolley. This route would connect the University Avenue Downtown Business District with Stanford Shopping Center. The route was proposed to serve employees in downtown, Stanford Shopping Center, Stanford University/Hospital during lunch hours. As per the evaluation report, modification of the route would keep headways of 10 minutes. Fehr & Peers recommends a trial of the route to gauge demand. On-Board Passenger Survey As part of their analysis, Fehr & Peers noted that City should conduct a survey of riders that would yield important information on which transit needs are well-served and which service improvements should be prioritized. Staff conducted an On-Board Ridership Survey from September 17th -October 15th to collect more detailed information to help strengthen some of the conclusions of this study and provide for a more thorough set of recommendations for future improvements to the system. The preliminary findings of the On-Board surveys are provided in Attachment D; a final report of the surveys is still being developed. Timeline Staff has been working closely with current shuttle service provider, MV Transportation, who could provide increased frequency of services and/or new routes if their current contract was amended. If the City Council so directs, staff would return to the Council with a contract amendment and a Budget Amendment Ordinance so that the increased frequency of service on the existing Crosstown Shuttle could begin early next year. The West Shuttle route service could also be initiated early next year, but only if there is sufficient private-sector support to supplement the funding set aside in the City’s budget for shuttle services. Staff can provide an update to the City Council in December or January. The proposed trial of University/Stanford Shopping Center service is envisioned for Summer 2015 if there is sufficient interest and funding. Resource Impact Increased frequency on the Crosstown Shuttle during midday operations would cost the city up to $7,400 per month based on an additional 6 hours per day of service or $88,800 for the annual cost. The addition of a West Shuttle route, which would require private-sector financial support, would cost an estimated $400,000 per year if it were structured to provide express service between Palo Alto and the Mountain View Shoreline Business Park during peak periods and City of Palo Alto Page 8 local Palo Alto service during non-peak periods. Three months of trial service between Downtown/University Ave and the Stanford Shopping Center would cost an estimated $20,000. Given the importance of programs to reduce traffic and parking demand, the City Council set aside $1Million in an earmarked reserve as part of the FY 2015 Adopted Budget for the City’s shuttle program. This amount was set aside for the annual cost of additional shuttle services. Depending on the City Council decision of additional routes and start of service, staff anticipates that only a portion of the reserve will be needed for the current fiscal year. The City is funding Crosstown Shuttle at a cost of $178,123 for the current fiscal year. The East Palo Alto Shuttle is operated by the City’s contractor at a cost of $221,238 for this fiscal year, but is fully reimbursed by the City of East Palo Alto. The Embarcadero Shuttle is funded and operated under a contract with Caltrain, with the City paying for 25% of the cost, or $55,560 this fiscal year. Policy Implications This request is consistent with existing Council direction to pursue transportation demand management strategies in concert with parking management and parking supply initiatives. Transit services like the free Palo Alto shuttle can provide an attractive alternative to single occupancy vehicles for work- and non-work trips, as well as meeting the needs of those for whom driving is not an option. Environmental Review The proposed action would provide direction to staff and is not a project requiring CEQA review. Staff will analyze the potential increases in service and potential new shuttle routes to determine whether additional environmental review is required and will conduct any required review prior to bringing forward a contract and a BAO to fund such service/routes. Attachments: Attachment A: Palo Alto Shuttle Evaluation Report (PDF) Attachment B: Planning and Transportation Commission Staff report dated September 10, 2014 (PDF) Attachment C: Planning & Transportation Commission Draft Excerpt Verbatim Minutes - August 10, 2014 (PDF) Attachment D: On-Board Survey Draft Results (PDF) MEMORANDUM Date: August 28, 2014 To: Jaime Rodriguez and Ruchika Aggarwal, City of Palo Alto From: Steve Crosley, AICP, Andy Kosinski, PE, and Lindsey Hilde, Fehr & Peers Subject: FINAL Palo Alto Shuttle Evaluation SF14-0754 The City is considering a significant expansion in shuttle service, with the goal of dramatically increasing ridership within three years. This memorandum analyzes existing operating conditions and proposed new service for the Palo Alto shuttle system. Service enhancements are proposed that would improve efficiency of the system, better serve the system’s users, and help meet the stated goal of increasing ridership. These enhancements have been developed by analyzing existing operating conditions, investigating market demand, inferring rider profiles (commuters, employees, etc.), and understanding origins and destinations of user groups most likely to ride a shuttle. This analysis attempts to answer three key questions: 1. What are current ridership patterns and what is the market demand? 2. Are there any ways in which the service could be more efficient? 3. Are there any ways that the service could be realigned to better serve customers, both existing and anticipated? This review is organized into six sections: • Existing Conditions – This section assesses the three community-based and first/last mile shuttles currently in operation in the City of Palo Alto. • Current Service Analysis – This section evaluates the current routes in operation based on run-level ridership data provided by the City of Palo Alto. Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 2 of 36 • Market Assessment – This section is intended to better understand the market for transit and unmet needs based on current service structure and provision and define service objectives. • Proposed Service Analysis – This section considers two potential routes included in a recent request for proposals prepared by the City of Palo Alto to determine the costs associated with possible new routes. The analysis includes a review of each route, the proposed schedule, and likely demand for the service. • Recommended Current and Proposed Service Changes – This section recommends proposed service improvements that seek to strengthen the strongest sections of the system and improve upon the efficiency of the system while better serving existing and anticipated customers. • Next Steps – This section proposes next steps to strengthen some of the conclusions of this study and provide for a more thorough set of recommendations for future improvements to the system. EXISTING CONDITIONS – PALO ALTO SHUTTLES There are three community-based and first/last mile shuttles currently in operation in the City of Palo Alto that are either administered or funded by the City. Each is free to ride and open to anyone. ROUTE DESCRIPTIONS Crosstown Route The Crosstown shuttle stops hourly from 7:40 AM-5:20 PM at the Palo Alto Caltrain Station, Avenidas, Lytton Gardens, Channing House, Main Library, Palo Alto Art Center, Jordan Middle School, Midtown Shopping District, JLS Middle School, Mitchell Park Community Center + Library, and Stevenson House. Embarcadero Route Destinations along the Embarcadero route include the Palo Alto Caltrain Station, East Bayshore Business Park, Embarcadero Road, Palo Alto High School, Jordan Middle School, and the Palo Alto Medical Foundation. The typical frequency of this bus is once every 15 minutes, during weekdays only from 6:51-9:34 AM & 3:10-6:28 PM. Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 3 of 36 East Palo Alto Shuttle The East Palo Alto shuttle makes stops at Woodland, Newell, InnVision Ministry Food Bank, 425 Hamilton, Palo Alto City Hall, Palo Alto Caltrain Station, and Lytton Gardens, among other stops. The typical frequency of this bus is every 30 minutes during weekdays and weekends, however, while weekday operation is from 5:55-10:02 AM and 4:13-9:20 PM, the weekend service hours are slightly shorter, from 7:09–10:51 AM, and 4:20–8:51 PM. ADMINISTRATION/FUNDING The City administers two shuttle routes – the Crosstown and East Palo Alto Caltrain shuttles (operated by MV Transportation). The Crosstown route is funded by the City. The East Palo Alto shuttle is funded by the City of East Palo Alto. The Caltrain Commuter Shuttle Program operates the Embarcadero Shuttle. The Embarcadero shuttle is funded by BAAQMD, the Peninsula Corridor Joint Powers Board, and the City of Palo Alto. Table 1 presents service characteristics of the three routes. Figure 1 shows the existing routes. EXISTING CONDITIONS – OTHER TRANSIT SERVING PALO ALTO Table 2 lists the other transit providers and their routes serving the City of Palo Alto. The City is served by regional transit agencies including Santa Clara Valley Transportation Authority (VTA) and SamTrans. While numerous routes operated by each of these agencies serve the City proper, the majority of service hours are concentrated on the El Camino Corridor. Stanford University operates a robust campus transit program with numerous routes offering first/last mile service to Caltrain and residential areas in the City. The Stanford Marguerite shuttles are free to ride and open to anyone. Dumbarton Express serves Palo Alto and Caltrain to/from the East Bay. One additional Caltrain first/last mile shuttle operates from the California Avenue Station. Private shuttles (typically from large tech companies) also operate in the City, primarily serving Caltrain stations and residential areas, including Google, Facebook, Box, VMware, and others. Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 4 of 36 Table 1 - Existing Palo Alto Shuttles Route Name Route Operator Managed Funding Headways Service Days Service Hours - Weekdays Service Hours - Weekends Points of Interest Crosstown Shuttle University Ave/Downtown - South Palo Alto @ Charleston Road, via Middlefield MV Transportation City of Palo Alto City of Palo Alto 60 min Weekdays, except holidays 7:40 AM – 5:20 PM None Palo Alto Caltrain Station, Avenidas, Lytton Gardens, Channing House, Main Library, Palo Alto Art Center, Jordan Middle School, Midtown Shopping District, JLS Middle School, Mitchell Park Community Center + Library, Stevenson House Embarcadero Shuttle University Ave. Caltrain - Baylands Business Park, via Embarcadero Caltrain Commuter Shuttle Program Caltrain Commuter Shuttle Program BAAQMAD, Peninsula Joint Powers, City of Palo Alto 15-20 min Weekday peak, except holidays 6:51-9:34 AM & 3:10-6:28 PM None E. Bayshore, Embarcadero Road, Palo Alto High School, Jordan Middle School, Palo Alto Medical Foundation East Palo Alto/Caltrain Shuttle East Palo Alto (Woodland, Newell) - City of Palo Alto University Ave/Downtown, via University Ave. MV Transportation City of Palo Alto City of E. Palo Alto 30 min Daily, except holidays 5:55-10:02 AM & 4:13-9:20 PM 7:09-10:51 AM & 4:20-8:51 PM Woodland, Newell, InnVision Ministry Food Bank, 425 Hamilton, Palo Alto City Hall, Palo Alto Caltrain Station, Lytton Gardens Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 5 of 36 Table 2 – Other Existing Transit Serving Palo Alto Route Name Route Operator Managed Funding Headways Service Days Service Hours - Weekdays Service Hours - Weekends Valley Transportation Authority (VTA) 22 Palo Alto Transit Center to Eastridge Transit Center via El Camino VTA VTA VTA 10-15 min (daytime) Daily 24 hours 24 hours 35 Downtown Mountain View to Stanford Shopping Center VTA VTA VTA 30-60 min Daily 5:42 AM – 10:46 PM 8:23 AM – 8:59 PM 88 Palo Alto Veteran’s Hospital to Middlefield & Colorado VTA VTA VTA 60 min Weekdays 6:32 AM – 6:39 PM None 88L Palo Alto Veteran’s Hospital to Middlefield & Colorado (School Days Only) VTA VTA VTA None School Day Peaks 7:38-8:06 AM & 2:29-4:12 PM None 88M Palo Alto Veteran’s Hospital to Middlefield & Colorado (School Days Only) VTA VTA VTA None School Day Peaks 7:43-8:06 AM & 2:29-4:08 PM None 101 Camden & Highway 85 to Palo Alto VTA VTA VTA 60 min Weekday Peaks 6:16-8:20 AM & 4:10-6:42 PM None Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 6 of 36 Route Name Route Operator Managed Funding Headways Service Days Service Hours - Weekdays Service Hours - Weekends 102 South San Jose to Palo Alto VTA VTA VTA 8-30 min Weekday Peaks 5:50-9:01 AM & 3:25-6:51 PM None 103 Eastridge Transit Center to Palo Alto VTA VTA VTA 30-60 min Weekday Peaks 5:08-8:23 AM & 2:41-6:29 PM None 104 Penitenicia Creek Transit Center to Palo Alto VTA VTA VTA 30-45 min Weekday Peaks 5:54-7:55 AM & 4:00-6:05 PM None 182 Palo Alto to IBM/Bailey Ave VTA VTA VTA None Weekday Peaks 7:29-8:33 AM & 5:05-6:14 PM None Rapid 522 Palo Alto Transit Center to Eastridge Transit Center VTA VTA VTA 15-30 min Daily 4:37 AM – 11:16 PM 7:50 AM – 11:09 PM Dumbarton Bridge Regional Operations Consortium DB Dumbarton Express MV Transportation Dumbarton Bridge Regional Operations Consortium (DBROC): AC Transit, BART, SamTrans, Union City Transit, VTA Regional Measure 2 30-60 min Weekdays, except holidays 5:22 AM – 8:51 PM None Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 7 of 36 Route Name Route Operator Managed Funding Headways Service Days Service Hours - Weekdays Service Hours - Weekends DB1 Dumbarton Express MV Transportation Dumbarton Bridge Regional Operations Consortium (DBROC): AC Transit, BART, SamTrans, Union City Transit, VTA Regional Measure 2 20-60 min Weekday peaks, except holidays 5:26-9:45 AM & 1:35-8:43 PM None SamTrans 280 Purdue / Fordham – Stanford Mall SamTrans San Mateo County Transit District San Mateo County Transit District 60 min Daily 5:20 AM – 10:24 PM 7:38 AM – 7:57 PM 281 Onetta Harris Center – Stanford Mall SamTrans San Mateo County Transit District San Mateo County Transit District 15-30 min Daily 6:00 AM – 10:32 PM 8:03 AM – 7:58 PM 297 Redwood City Transit Center – Palo Alto Transit Center SamTrans San Mateo County Transit District San Mateo County Transit District 60 min Nightly 10:43 PM – 5:21 AM 6:45 PM – 9:22 AM 397 San Francisco – Palo Alto Transit Center SamTrans San Mateo County Transit District San Mateo County Transit District 60 min Nightly 12:48 AM – 6:22 AM 12:48 AM – 6:22 AM ECR Daly City BART – Palo Alto Transit Center SamTrans San Mateo County Transit District San Mateo County Transit District 10-30 min Daily 3:56 AM – 2:21 AM 4:47 AM – 2:21 AM Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 8 of 36 Route Name Route Operator Managed Funding Headways Service Days Service Hours - Weekdays Service Hours - Weekends Stanford 1050 A Medical School Office Building – Arastradero Road Stanford University Stanford University Stanford University and numerous contributors 20 min Weekdays, except holidays 7:05 AM – 6:45 PM None C Vi! – Serra Mall – Escondido Village Stanford University Stanford University Stanford University and numerous contributors 30 min Weekdays, except holidays 5:40 AM – 9:17 PM None H Hoover Pavilion Shuttle Stanford University Stanford University Stanford University and numerous contributors 15 min Weekday peaks 5:15-8:30 AM & 3:35-7:57 PM None MC Palo Alto Transit Center – Stanford Hospital Fountain Stanford University Stanford University Stanford University and numerous contributors 15-20 min Weekdays 5:08 AM – 12:30 AM None N Campus – Downtown Palo Alto (Counter-Clockwise) Stanford University Stanford University Stanford University and numerous contributors 40 min Nightly, except holidays and Summer 8:10 PM – 1:38 AM 8:10 PM – 1:38 AM O Campus – Downtown Palo Alto (Clockwise) Stanford University Stanford University Stanford University and numerous contributors 40 min Nightly, except holidays and Summer 8:25 PM – 1:57 AM 8:25 PM – 1:57 AM Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 9 of 36 Route Name Route Operator Managed Funding Headways Service Days Service Hours - Weekdays Service Hours - Weekends OCA Tresidder Union – Oak Creek Apartments Stanford University Stanford University Stanford University and numerous contributors 20 min Nightly, except holidays and summer 9:00 PM – 2:10 AM 9:00 PM – 2:10 AM P Palo Alto Transit Center – Stanford Oval Stanford University Stanford University Stanford University and numerous contributors 10-20 min Weekdays, except holidays 6:08 AM – 8:10 PM None RP Palo Alto Transit Center – Research Park Stanford University Stanford University Stanford University and numerous contributors 10-40 min Weekday peaks 6:28-10:12 AM & 3:30-7:33 PM None S Palo Alto Transit Center – Stanford West Apartments – Oak Creek Apartments – Rosewood Hotel Stanford University Stanford University Stanford University and numerous contributors 45 min Weekday peaks, except holidays 6:20-9:07 AM & 4:34-6:47 PM None SE Palo Alto Shopping Center – Campus – San Antonio Shopping Center Stanford University Stanford University Stanford University and numerous contributors 35-60 min Daily, except holidays and Summer 3:00 PM – 10:25 PM 9:35 AM – 11:08 PM SLAC SLAC – Hoover Tower Stanford University Stanford University Stanford University and numerous contributors 20-60 min Weekdays, except holidays 7:00 AM – 9:26 PM None TECH Palo Alto Transit Center – Embarcadero Road – Palo Alto Technology Center Stanford University Stanford University Stanford University and numerous contributors 10-30 min Weekday peaks 6:30-10:20 AM & 2:40-7:25 PM None Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 10 of 36 Route Name Route Operator Managed Funding Headways Service Days Service Hours - Weekdays Service Hours - Weekends V Stanford Hospital – Campus – California Avenue Caltrain Station – Palo Alto VA Hospital Stanford University Stanford University Stanford University and numerous contributors 25-45 min Weekdays 6:30 AM – 9:37 PM None X Palo Alto Transit Center – Stanford Shopping Center – Campus (Counter-Clockwise) Stanford University Stanford University Stanford University and numerous contributors 15-20 min Weekdays, except holidays 5:51 AM – 8:59 PM None Y Palo Alto Transit Center – Stanford Shopping Center – Campus (Clockwise) Stanford University Stanford University Stanford University and numerous contributors 15-20 min Weekdays, except holidays 6:08 AM – 8:59 PM None U Fremont BART – Stanford Oval – Stanford Shopping Center AC Transit AC Transit AC Transit 30-60 min Weekday peaks 6:00-9:26 AM & 2:45-7:03 PM None Caltrain Deer Creek Shuttle Palo Alto Caltrain Station – California Ave Caltrain Station – Deer Creek Caltrain Caltrain Bay Area Air Quality Management District Transportation Fund for Clean Air, Peninsula Corridor Joint Powers Board, Hewlett-Packard 20-60 min Weekday peaks 7:33-10:01 AM & 3:38-7:01 PM None Oreg o n E x p y Embarcader o R d Mid d l e f i e l d R d Alm a S t 101 El Ca m i n o R e a l Foot h i l l E x p y Univ e r s i t y Av e Channing Ave E Mead o w D r Loma V e r d e A v e Aras t r a d e r o R d Loui s R d E Charl e s t o n R d \\F p s e 0 3 \ f p s e 2 \ D a t a 2 \ 2 0 1 4 P r o j e c t s \ S F _ P r o j e c t s \ S F 1 4 _ 0 7 5 4 _ p a l o A l t o _ S h u t t l e E v a l \ M X D \ f i g 0 1 _ E x i s t i n g T r a n s i t R o u t e s . m x d Existing Shuttle RoutesFigure 1 Existing Shuttle Routes Crosstown Shuttle Route East Palo Alto Shuttle Embarcadero Shuttle Activity Center High School or Middle School Shopping Districts Senior Center Palo A l t o C i t y L i m i t s Palo A l t o C i t y L i m i t s Library 101 0 0.5 10.25 Miles Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 12 of 36 CURRENT SERVICE ANALYSIS The City of Palo Alto provided run-level ridership data for the Crosstown and Embarcadero routes. This level of data is able to inform us of the effectiveness of service for each individual run and how ridership fluctuates over the course of the day. Because no ridership data was provided at the stop-level, it is impossible to determine the amount of riders using any particular stop, e.g. the Palo Alto Caltrain Station. We are therefore not able to distinguish the stops with the lowest productivity, which could be candidates for service modification. CROSSTOWN ROUTE The Crosstown route runs uninterrupted on weekdays between 7:40 AM and 5:20 PM. The ridership data from March 2013 (most recent available year) has been averaged over all weekdays and is shown in Figure 2 below. This chart shows each run as a separate data point and allows us to see how ridership varies over the course of a typical weekday. Ridership Patterns Ridership peaks in the mid-afternoon and falls away in the AM and PM peak periods (aside from the two high-performance runs). Each run has a ridership of at least five persons, and the most fall within the 5-25 person range which is within the seated capacity of the buses. Ridership is similar in both directions and there is no clear peak direction during the day (except for two outlier runs which are described in more detail below). There are two consistently high-ridership runs, which are the 7:40 AM run from downtown to Stevenson, and the 3:05 PM run from Stevenson to downtown. The 7:40 AM shuttle departs the Caltrain station four minutes after the arrival of a southbound Baby Bullet train and a northbound local train. It is also 17 minutes after the most recent northbound Baby Bullet train. While stop- level data is not available to provide conclusive evidence, the success of this run may be based on connection to popular Caltrain services. The 3:05 PM run has a ridership of 41 per run, and again is not a specific school service. It arrives at the Caltrain station at 3:30 PM. It therefore drops passengers off at the station in advance of the 3:38 PM northbound and 4:03 PM southbound trains. Baby Bullets do not operate until 4:43 PM northbound and 4:44 PM southbound. The two runs appear to mirror each other with high ridership and due to the timing it is likely that the peaks are at least partly due to school students. These special runs are called out in Figure 2 with a “school” delineation, and they have ridership similar to adjacent runs. A stop-level ridership Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 13 of 36 survey would serve to better inform whether or not students are riding on the specially- designated school service, or on other non-designated runs. Figure 2 - Crosstown Route Ridership EMBARCADERO ROUTE The Embarcadero route runs during weekday AM and PM peak periods, between around 6:50- 9:30 AM and between around 3:10-6:30 PM. The ridership data from March 2014 (most recent available) has been averaged over all weekdays and is shown in Figure 3 below. This chart shows each run as a separate data point and allows us to see how ridership varies over the course of a typical weekday. Ridership Patterns Ridership on this route is generally lower per run than for the Crosstown route (although service is more frequent). Ridership is between zero and ten persons per run for all runs except for five. Aside from these outlier runs, the ridership demonstrates fairly similar demand in both directions. 7:40 AM, 44 3:05 PM, 41 0 5 10 15 20 25 30 35 40 45 50 6: 0 0 A M 7: 0 0 A M 8: 0 0 A M 9: 0 0 A M 10 : 0 0 A M 11 : 0 0 A M 12 : 0 0 P M 1: 0 0 P M 2: 0 0 P M 3: 0 0 P M 4: 0 0 P M 5: 0 0 P M 6: 0 0 P M 7: 0 0 P M Av e r a g e W e e k d a y R u n B o a r d i n g s Crosstown Shuttle From Downtown From Stevenson Data: March 2013 seated capacity = 30 school school Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 14 of 36 There are six outlier runs with ridership considerably higher than the rest. The three morning outliers are the 7:33 AM and 7:49 AM runs from Harbor, and the 7:36 AM run from Alma (Downtown). The 7:33 AM run arrives at Caltrain at 7:48 AM (meeting the southbound Baby Bullet 7:51 AM) and the 7:49 AM run arrives at Caltrain at 8:04 AM (meeting the northbound Baby Bullet at 8:05 AM). The 7:36 AM run leaves Caltrain just after the NB and SB bullets have departed (at 7:23 AM and 7:36 AM, respectively). The schedule suggests that a lot of this ridership is transfer from Caltrain. In the PM period, the three outliers are the 3:10 PM service from Jordan Middle School (which is school service), and the 3:25 PM and 3:35 PM services from Alma. Based of the time of day immediately after the end of the school day, it appears that the high ridership is due to student patronage. Figure 3 – Embarcadero Route Ridership 7:36 AM, 14 3:25 PM, 18 7:33 AM, 17 3:10 PM, 27 0 5 10 15 20 25 30 35 40 45 50 6: 0 0 A M 7: 0 0 A M 8: 0 0 A M 9: 0 0 A M 10 : 0 0 A M 11 : 0 0 A M 12 : 0 0 P M 1: 0 0 P M 2: 0 0 P M 3: 0 0 P M 4: 0 0 P M 5: 0 0 P M 6: 0 0 P M 7: 0 0 P M Av e r a g e W e e k d a y R u n B o a r d i n g s Embarcadero Shuttle From Alma From Harbor Data: March 2014 seated capacity = 30 school school Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 15 of 36 Interface with Caltrain The alignment of service with morning Caltrain departures is shown in Table 3. The table shows that despite a frequency of 2-4 buses per hour, the service still results in fairly long transfer times to some Caltrain service. In the morning, there are eight Caltrain runs for which someone transferring onto them from the most recent Embarcadero shuttle would need to wait longer than 15 minutes (three are Baby Bullets). There are four Caltrain runs for which someone transferring onto the next Embarcadero shuttle would need to wait longer than 15 minutes (two are Baby Bullets). Table 3 – Embarcadero Shuttle AM Interface with Caltrain Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 16 of 36 The alignment of service with afternoon Caltrain departures is shown in Table 4. The table shows that despite a frequency of 2-4 buses per hour, the service still results in fairly long transfer times to some Caltrain service. In the afternoon, there are six Caltrain runs for which someone transferring onto them from the most recent Embarcadero shuttle would need to wait longer than 15 minutes (one is a Baby Bullet). There are two Caltrain runs for which someone transferring onto the next Embarcadero shuttle would need to wait longer than 15 minutes (neither are Baby Bullets). Table 4 - Embarcadero Shuttle PM Interface with Caltrain Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 17 of 36 PERFORMANCE MEASURES A number of key performance measures have been calculated for the existing service. These are shown in Table 5 below. Table 5 - Route Weekday Performance Measures – Existing Routes Route Run time (mins) Revenue miles per run Round- trip runs1 Revenue hours Daily Boardings Boardings/ rev. hour Boardings/ rev. mile Crosstown 60 10.5 12 11 358 33 2.8 Embarcadero 35 7.9 21 12 248 21 1.4 East Palo Alto 17 5.0 27 9 N/A - - Notes: 1. Runs may be not be identical throughout day Boardings per revenue mile, a key metric of efficiency, show that the Crosstown route is twice as efficient as the Embarcadero route. There are many potential factors although one could be that the higher frequency service of the Embarcadero route leads to diminishing returns on ridership, and therefore while providing a convenient first/last mile service it is less efficient that the City’s community based route. Ridership data was unavailable for the East Palo Alto route, therefore efficiency metrics were unable to be calculated. The results for boardings per revenue hour are similar to boardings per revenue mile, as they show Crosstown route with a higher efficiency than Embarcadero route. Comparison to Similar Systems The efficiency of service, as denoted by the two metrics discussed above, is generally moderate to above average for a shuttle system of this kind. In comparison, the Emery Go Round shuttle system in Emeryville, which operates as a first-mile/last-mile service to MacArthur BART station, is nationally recognized as being a very efficient service. The boardings/revenue hour of its three routes, are 47 for the Hollis route, 70 for the Shellmound-Powell route and 65 for the Watergate Express route (which is peak period only). Its boardings per revenue mile are 3.7, 5.5, and 3.4, respectively. The Irvine iShuttle network operates as a first-mile/last-mile service to both Tustin and Irvine Metrolink (commuter rail) services in Orange County. The boardings/revenue hour for Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 18 of 36 Routes A, B, C, and D are 14, 16, 46, and 12, respectively. The boardings per revenue mile are 0.9, 1.0, 2.6, and 1.1, respectively. It can be seen that the Palo Alto Shuttles have a level of efficiency that falls in between Irvine and Emeryville. Also, for comparison purposes, the VTA bus system average 26 boardings/revenue hour and 2.2 boardings/revenue mile. The SamTrans system averages 22 boardings/revenue hour and 2.0 boardings/revenue mile. MARKET ASSESSMENT The role of shuttles in the City of Palo Alto is multifaceted. The system provides mobility to commuters, seniors, students, and any other customer that either does not have a private automobile, chooses not to drive, or who would rather make a trip via transit instead of walking or biking. The market analysis we conducted for the City is intended to better understand the market for transit and unmet needs based on current service structure and provision. In lieu of detailed customer data and stated preference surveys, our market assessment was primarily based on charts of transit likelihood that we created for the city based on Environmental Protection Agency (EPA) Smart Location Database metrics. We used these charts to complement our prior knowledge of Palo Alto to suggest target markets for new or modified service. In this section, a discussion on the effect of an increase of transit service frequency on shuttle ridership is also given. TRANSIT LIKELIHOOD Market assessments help to identify the locations with the highest demand for service. Fehr & Peers has developed a transit likelihood index specifically for Palo Alto using data from the Environmental Protection Agency’s Smart Location Database. The transit likelihood index combines population density, employment density, and transit dependent density (zero car households) in order to identify areas with the highest propensity for transit by both locals and visitors. This customized analysis allows us to quickly visualize the varying levels of concentration of activity centers across the City which would likely generate transit ridership. Such an assessment will ensure that transit is provided in the locations with the highest ridership potential. The six factors involved in the calculation of the composite transit likelihood were: • Senior population (from Census) • Youth population (from Census) Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 19 of 36 • Number of households in census block group that own zero automobiles • Gross population density [people/acre] • Gross employment density [jobs/acre] • Street intersection density [weighted, auto oriented intersections eliminated] Two transit likelihood figures have been prepared, which each gives an insight into the market within Palo Alto. The first is a composite figure, shown in Figure 4 that shows all the components of transit likelihood we selected for Palo Alto. The figure shows that the highest transit likelihood is around Downtown along University Avenue and south of El Camino Real around Stanford Shopping Center. There is also an area of high likelihood around California Avenue Caltrain Station and three other significant areas: on Arastradero Road, East Meadow Drive, and southwest of Middlefield Road/Loma Verde Avenue. A second transit likelihood figure has also been prepared, which shows the elderly population variable in isolation (see Figure 5). This variable has been separated out as it is a key demographic for midday shuttle service. There are three main clusters of senior population. The largest is near Downtown on University Avenue, which is currently served by the East Palo Alto shuttle. The second is much smaller in size, but is located in the vicinity of the intersection of Middlefield Road/Loma Verde Avenue. This population is served by the Crosstown shuttle. The third population is also much smaller than Downtown and is located near Arastradero Road to the south of El Camino Real. This population is not currently served by a shuttle. Oreg o n E x p y Embarcadero R d Mid d l e f i e l d R d Alm a S t 101 101 El Ca m i n o R e a l Foot h i l l E x p y Univ e r s i t y Av e Channing Ave E Mead o w D r Loma V e r d e A v e Aras t r a d e r o R d Loui s R d E Charl e s t o n R d 101 N: \ P r o j e c t s \ 2 0 1 4 P r o j e c t s \ S F 1 4 - 0 7 5 4 _ P a l o _ A l t o _ S h u t t l e _ E v a l u a t i o n \ G r a p h i c s \ G I S \ M X D \ f i g 0 2 _ C _ T r a n s i t l i k e l i h o o d 2 . m x d Figure 4 Composite Transit Likelihood Transit Likelihood Existing Shuttle Routes Crosstown Shuttle Route East Palo Alto Shuttle Embarcadero Shuttle Activity Center LowHigh Shopping Districts Senior Center High School or Middle School Library 0 0.5 10.25 Miles Palo A l t o C i t y L i m i t s Palo A l t o C i t y L i m i t s 101 Oreg o n E x p y Embarcadero R d Mid d l e f i e l d R d Alm a S t 101 101 El Ca m i n o R e a l Foot h i l l E x p y Univ e r s i t y Av e Channing Ave E Mead o w D r Loma V e r d e A v e Aras t r a d e r o R d Loui s R d E Charl e s t o n R d 101 N: \ P r o j e c t s \ 2 0 1 4 P r o j e c t s \ S F 1 4 - 0 7 5 4 _ P a l o _ A l t o _ S h u t t l e _ E v a l u a t i o n \ G r a p h i c s \ G I S \ M X D \ f i g 0 3 _ T r a n s i t l i k e l i h o o d _ E P 2 . m x d Figure 5 Transit Likelihood: Elderly Population Transit Likelihood Existing Shuttle Routes Crosstown Shuttle Route East Palo Alto Shuttle Embarcadero Shuttle Activity Center LowHigh Shopping Districts Senior Center High School or Middle School Library 0 0.5 10.25 Miles Palo A l t o C i t y L i m i t s Palo A l t o C i t y L i m i t s 101 Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 22 of 36 SERVICE OBJECTIVES The transit likelihood analysis from the previous section feeds into an evaluation of the service objectives of the system and relates to the identification of markets that could be served with modified existing or new routes. Last-Mile Service and Community Service Shuttle service in Palo Alto broadly falls under two different categories: so-called “last-mile” service, and “community” service. Last-mile service can be defined as providing for the movement of people from a transportation hub (or station) to their final destination. Service that is anchored at transportation hubs (such as Caltrain station) typically fulfills such a role. Such a service is also called “first-mile” in the reverse case of accessing the transportation hub. In contrast, “community” service typically connects a number of different trip origins and destinations within a community, allowing people to travel between them without transferring to a different (and longer-haul) transit service. The two types of service can co-exist on the same route, although routes are often designed to prioritize one service over the other as their objectives may not always be aligned. Ridership on a last-mile service is enhanced through quick and direct service to the transportation hub and schedule alignment with the hub service (to minimize transfer delay). Because (in the case of Palo Alto), service can be designed to meet particular trains, schedule adherence is important, more so than frequency. For community service, higher frequency and span of service allows for greater freedom of mobility and should be of primary consideration. Schedule adherence is important when headways are above ten minutes (which is the threshold at which people will tend to consult schedules rather than arrive randomly). In the Palo Alto shuttle system, the dominant feature of the Embarcadero Route is that it is a last- mile service, and the dominant feature of the Crosstown Route is that it is a community service. These characteristics have been taken into account during the assessment and service objectives consider each of these types of shuttle services based on the markets they serve. New Service Areas and Markets The transit likelihood maps indicate that the Crosstown and Embarcadero shuttles correspond well with areas of high transit likelihood. The Crosstown route in particular connects a number of different areas of high transit likelihood across the City, and no major adjustments are recommended. The Embarcadero route is the most direct route to the key destinations Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 23 of 36 (Downtown area with the business park northeast of the US 101) it serves. We are unable to identify any detours for which the ridership potential of a diversion of the route would outweigh costs to travel time and directness from a detour. An area of Palo Alto that is has market potential and is currently underserved by City-operated shuttle service is the neighborhood anchored by Arastradero Road in the southwest part of the city. The part of Arastradero Road between Henry M. Gunn High School in the south and El Camino Real to the north has high transit likelihood, partly due to the presence of a high number of seniors in the area. Terman Middle School is also located on this stretch of Arastradero Road. As part of our analysis, we explored two ways to serve Arastradero: • The Crosstown route could be extended south on Charleston Road to feed into Arastradero Road. This would add substantial travel time to the route, which would in turn necessitate the running of an additional vehicle to maintain adequate headways. • A second option would be to add a detour to the proposed West Shuttle Route (described in detail in the next section). The shuttle could add a spur along Arastradero Road during the midday period to provide mobility to the senior and school population. Rather than returning south on East Meadow Drive south of Middlefield Road, the service would continue south on Charleston Road instead and continue onto Arastradero Road. The bus would turn around in the Henry M. Gunn High School driveway, where there is adequate room for a turnaround. The bus would then travel north on Arastradero Road before turning left onto El Camino Real and resuming its normal route west of East Meadow Road. This option would add two miles to each run, at an estimated travel time of ten extra minutes per run. However, it would degrade the directness of service for those traveling end-to-end on the route. Between 2005 and 2008 the Crosstown route provided morning and afternoon service to Gunn High School and the VA Hospital along the Arastradero Corridor. VTA ultimately assumed greater responsibility for school-related service and was better able to match school schedules at Gunn and the Crosstown extension to Gunn High School and the VA Hospital was discontinued. With the City unable to add a school run without an additional bus, a decision was made with VTA to allow that agency to assume transit mobility along the corridor. Therefore, while we explored the Arastradero corridor transit market, we do not recommend any reinstated or new shuttle service. Since Route 88 also serves the VA Hospital, we recommend that VTA explore options to also serve the San Antonio Caltrain station if it can be determined that regional trips to the hospital could be served via the Caltrain corridor and connecting bus service. Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 24 of 36 PROPOSED SERVICE ANALYSIS The City is considering an investment in increased shuttle service, either through increased frequency of service, new routes, or a combination of both. The two new routes initially proposed for consideration are the West Shuttle and the University Avenue/Stanford Shopping Center route. We have evaluated these potential services based on information provided by the City of Palo Alto and the City’s shuttle operator, MV Transportation. We have also considered how the Embarcadero shuttle route might serve satellite parking west of Highway 101. A map of the proposed routes is provided in Figure 6 below. WEST SHUTTLE The West Shuttle is a proposed route that would connect South Palo Alto, California Avenue, Paly High School, Town and County Village, the Palo Alto Medical Center, Palo Alto Caltrain Station, University Avenue, and Stanford Shopping Center via El Camino Real and East Meadow Drive. The City is also interested in partnering with Google to extend the route to the Google Campus - North Bayshore Business Park (route variation discussed below) and utilizes the same buses for the local route and route extension. The route would complement the existing Crosstown shuttle by providing mobility to destinations along the El Camino Corridor and offer transfer opportunities to Crosstown at the Palo Alto Caltrain Station and along Middlefield Road at Mitchell Library/Mitchell Park in South Palo Alto. The route would have two variations: • During the AM and PM peak periods, the service would provide express service to the Google Campus in Mountain View with limited stops along the local route. The express service would operate outbound (to the Google Campus from Palo Alto Caltrain Station) in the AM and inbound (from the Google Campus to Palo Alto Caltrain) in the PM. Google currently operates three AM and three PM shuttle runs from the Palo Alto Caltrain Station. The express service would replace the existing Google shuttle. • A morning school run would pick up students at four stops along Colorado Avenue and Cowper Street before expressing to Paly High School. Oreg o n E x p y Embarcader o R d Mid d l e f i e l d R d Alm a S t 101 El Ca m i n o R e a l Foot h i l l E x p y Univ e r s i t y Av e Channing Ave E Mead o w D r Loma V e r d e A v e Aras t r a d e r o R d Loui s R d E Charl e s t o n R d N: \ P r o j e c t s \ 2 0 1 4 P r o j e c t s \ S F 1 4 - 0 7 5 4 _ P a l o _ A l t o _ S h u t t l e _ E v a l u a t i o n \ G r a p h i c s \ G I S \ M X D \ f i g 0 6 _ P r o p o s e d R o u t e s . m x d Proposed RoutesFigure 6 Existing Shuttle Routes Crosstown Shuttle Route East Palo Alto Shuttle Embarcadero Shuttle Activity Center High School or Middle School Shopping Districts Senior Center Palo A l t o C i t y L i m i t s Palo A l t o C i t y L i m i t s Library 101 0 0.5 10.25 Miles University/Stanford ShoppingCenter Trolley Proposed Shuttle Routes West Shuttle RouteShoreline Commuter Express Sh o r e l i n e B l v d Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 26 of 36 The sample schedule provided to Fehr & Peers includes 20 weekday runs and approximately 24 vehicle revenue hours with two buses in operation. The service structure includes three distinct operational periods over the daily service span: • Five AM peak period round trip runs with express in the southbound direction with one exception. A sixth run is a special school tripper and returns to Paly High School via Colorado Avenue. It is the first AM peak period run • Eight midday round trip runs • Five PM peak period round trip runs with express in the northbound direction. A sixth PM peak period run is southbound only. Service Analysis - Schedule The schedule indicates that the West Shuttle route (midday service) would average around 13 mph over its 12.7 mile round trip distance (not including the Google commuter express extension). The Express Route (addition to North Bayshore Business Park) would average around 15 mph in the AM peak period and 17 mph in the PM peak period for the 17.5 mile round trip distance. These average speeds include stops but not recovery time. The average speeds for the Crosstown and Embarcadero routes are currently 13 and 17 mph, respectively, in the peak periods. Table 6 is a composite schedule for the West Shuttle Route based off the schedule provided to Fehr & Peers by the City of Palo Alto, and prepared by MV Transportation. Preparing the schedule in the manner shown highlights isolated anomalies in terms of stop arrival/departure times. These should be reviewed with the operator, MV Transportation, and cleaned up during subsequent revisions and field tests. There is however three key observations we want to highlight in terms of observed schedule issues: 1. Travel time between Google Stop #4 and Charleston is two minutes in the AM peak and either one minute or negative time in the PM peak [Yellow highlight]. 2. It is unclear how the inbound stop at Palo Alto Caltrain Station in the AM peak is accommodated in the schedule [Orange highlight]. 3. Travel time between Loral and Charleston is zero minutes or negative time in the midday [Green highlight]. Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 27 of 36 Table 6- Composite Schedule of West Shuttle (initially prepared by MV Transportation) Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 28 of 36 Service Analysis – Recovery Time The proposed schedule includes layover for two periods per bus per day: between the end of the morning peak and beginning of midday period and between the end of the midday period and start of the evening peak period. With the exception of nine minutes of recovery time during midday operation between the Loral and Charleston stops for four of the eight runs and what appears to be two to six minutes of recovery time in the PM peak period between stopping at the Palo Alto Caltrain station and Sand Hill/Arboretum it is difficult to infer other recovery time allotments from the provided schedule. Recovery time should be built into the schedule to account for unforeseen traffic congestion or extended boarding times, such as with a wheelchair. Without recovery time, buses may run late, jeopardizing the ability to begin the next run at the scheduled time. Service Analysis – Headways In the AM peak period, headways are 35 minutes, vary between 20, 30, and 40 minutes in the midday, and vary between 25 and 40 minutes in the PM peak period. While varying headways during specific time periods can create confusion for customers, the schedule analysis indicates that certain runs are achieving round trip run times with infeasible stop-to-stop travel times and little to no recovery time. See the service changes section for a more in depth look at recommendations to harmonize schedule and achieve a potentially more realistic round trip run time that includes recovery. Interface with Caltrain The alignment of service with morning Caltrain departures is shown in Table 7. The morning westbound service does not deliver a run to the Caltrain station before 8:50 AM. Onward journeys to San Francisco or San Jose could take an additional 40-minutes, which would mean that the earliest people could arrive at these destinations is after 9:30 AM, which is typically at the very end of the AM peak period. Also, proposed service does not allow transfers to any northbound Baby Bullet trains, the latest of which departs the station at 8:23 AM. The service does not appear to be well-timed as a last-mile service to meet AM trains (especially considering the express eastbound route to the North Bayshore Business Park). Of the Baby Bullet trains, seven of the nine transfers to the shuttle would last at least ten minutes. One of the most popular southbound trains, the 7:51 Baby Bullet requires a 24 minute wait. Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 29 of 36 Table 7 - Proposed West Shuttle AM Interface with Caltrain Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 30 of 36 The alignment of service with morning Caltrain departures is shown in Table 8. The service aligns well with the NB and SB Baby Bullet services at 6:06 PM and 6:12 PM, respectively, although a slightly longer buffer for the 6:06 service is recommended. There are seven Baby Bullet runs for which someone transferring onto them from the most recent West Shuttle would need to wait longer than 10 minutes (out of eight total served). There are five Baby Bullet runs for which someone transferring from them to the next available West Shuttle would need to wait longer than 10 minutes (out of eight total served). The schedule could be modified to reduce some of these wait times. UNIVERSITY/STANFORD SHOPPING CENTER TROLLEY The University Avenue/Stanford Shopping Center Shuttle would operate an open air, trolley-like vehicle that connects the University Avenue Downtown Business District with the Stanford Shopping Center. It is envisioned by the City as a summer-only service (June through August). While a sample schedule is not provided, however it is planned to operate between 11 AM and 1:30 PM on weekdays. The proposed service span (midday weekdays) indicates that the target market are lunch trips from downtown to Stanford Shopping Center and vice versa. The proposed route has a round-trip length of 4.1 miles. At an average speed of 14 mph it would take around 18 minutes for a round-trip. The City’s RFP for Palo Alto Shuttle Program Extended Service shows 2.5 service hours per day on this route which would indicate a single bus in operation with approximate 20 minute headways (including recovery). The route could also operate at 10 minute headways with two buses in operation. If headways are closer to 20 minutes, this could deter customers who would prefer not to rely on the schedule (an average wait time of over ten minutes is a large deterrent to choice riders using transit) and consulting the schedule for infrequent trips, such as shopping or lunch, is inconvenient. If average trip time is around 10 minutes, when factoring in wait and walk time from origin and to destination the total combined trip time could be in the range of 20 to 30 minutes per direction. Considering most lunch hours are around one hour in length, this likely trip time would likely be a deterrent to choice riders or those with time constraints. Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 31 of 36 Table 8 - Proposed West Shuttle PM Interface with Caltrain Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 32 of 36 RECOMMENDED CURRENT AND PROPOSED SERVICE CHANGES Having reviewed existing conditions and applied various metrics, a number of service improvements are proposed. The proposed service improvements seek to strengthen the strongest sections of the system and improve upon the efficiency of the system while better serving existing and anticipated customers. The proposed service changes are listed below by route. Service Elasticities Recent Fehr & Peers research1 suggests that the elasticity of ridership with respect to frequency is around 40 percent. This means that a doubling of transit frequency would be expected to yield around a 40 percent increase in ridership. The increase in service quality would attract more riders. In fact, the research found that the elasticity is greater when the original service frequency is lower. For service where the original service frequency is greater than 50 minutes, the elasticity was found to be -0.58, implying that a doubling in frequency would result in a 58 percent increase in ridership. The Crosstown route currently has hourly frequency, and a doubling in frequency could be expected to increase ridership by around 60 percent. However, this would come at a cost of double the route operating costs. For the Embarcadero route, because existing frequency is higher, the elasticity is lower (i.e. around 40 percent), and so a doubling of frequency would lead to proportionally lower ridership gain. CROSSTOWN ROUTE (EXISTING) The provision of stop-level data would allow for a more nuanced discussion of areas where the route alignment could be tweaked, but a high-level review of the routing indicates that the route adequately serves its intended destinations. Therefore, no route modifications are recommended. The Crosstown route has consistently moderate (in terms of boardings per service hour) productivity throughout the day. The run-level data does not suggest that any particular service should be discontinued. The service peaks in the midday period, which suggests that it is particularly popular amongst seniors or other individuals with midday mobility needs. We propose testing a doubling of the service frequency between the hours of 10 AM and 3 PM to provide an enhanced service for those users in this time period. Frequency would be improved 1 Fehr & Peers. 2012. Transit Service Changes and Ridership Elasticities Literature Review. Memo to SFMTA and San Francisco Planning Department. June 20, 2012. Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 33 of 36 from 60 minute headways to 30-minute headways in this time period, which would decrease the constraints posed by the schedule to patrons. Based on research on ridership elasticity presented earlier in this report, we anticipate that this change would increase ridership in this time period by around 40 percent, which would be a total increase of around 60 riders per day. Because ridership is so high on the first complete run of the day (7:40 AM), this suggests that there may be significant latent demand for this service prior to this time. We recommend testing the addition of service prior to 7:40 AM, from 6:30 AM onwards, to try to capture this demand. Because the demand is high on the 7:40 AM and 3:05 PM runs, which are ten minutes each prior to the next runs, we recommend that an additional run be added perhaps ten or fifteen minutes prior to these runs to capture some of the demand and reduce crowding. EMBARCADERO ROUTE (EXISTING) The provision of stop-level data would allow for a more nuanced discussion of areas where the route alignment could be tweaked, but a high-level review of the routing indicates that the route adequately serves the intended destinations. The directness of the route is a virtuous feature such that it couples the benefits of a more legible service with few time-consuming deviations. No route modifications are recommended. The Embarcadero route has similar productivity to the Crosstown route, as shown in Table 5 (in the section on performance measures). There is currently no service between 10 AM and 3 PM. Because the focus of the route and its riders are probably commuters (although no stop-level data or survey data exists to confirm), additionally midday service may not maintain productivity levels seen in the AM and PM peaks. While we do not think that midday service is compelling for this route given the limited data supplied, service (perhaps at 30 or 60 minute headways) could be introduced on an experimental basis to determine this. Satellite Parking Lot A satellite parking lot to serve downtown is proposed along Embarcadero Road in between Embarcadero Way and Faber Place east of US 101. This proposed lot would contain approximately 132 spaces. Because all but five runs during the day have ridership of less than 10 persons, and because the seating capacity of the shuttle is 30, there is currently adequate spare capacity on the shuttles to serve the expected increase in ridership. In the AM period, the spare capacity is around 150 seats (per direction), and in the PM period it is around 200 seats (per direction). Conservatively assuming that all patrons of the lot are single-occupancy, and that most would then use the shuttle, the service would still have enough spare capacity to handle this extra Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 34 of 36 patronage. With capacity confirmed, we now turn our attention to frequency. Morning and afternoon/evening headways average 10-20 minutes and are designed to meet the needs of Caltrain patrons. Due to the finite number of spaces at the satellite parking lot, improving service frequency would not result in improved ridership. Therefore, we do not recommend adding additional service on the Embarcadero Route to accommodate the expected demand generated by the satellite parking lot. WEST SHUTTLE ROUTE (PROPOSED) We find the proposed West Shuttle route alignment to follow the ideal routing so as to connect the Caltrain station, downtown Palo Alto, residential areas of South Palo Alto and the Google campus in Mountain View. There are no alignment modifications that we would recommend. While the El Camino segment of the West Shuttle route duplicates VTA Routes 22/522 service, the route would provide a one seat ride from South Palo Alto to the shopping, business, and health care districts along El Camino Real. In comparison, a transfer from VTA Route 88 or 104 to its El Camino service would be required. With hourly headways on Route 88 and only a handful of trips on Route 104 daily, the infrequency of service and transfer requirement would all but discourage any transit use between South Palo Alto and the El Camino Corridor (even considering the high service frequencies on El Camino provided by VTA Routes 22/522 which can be upwards of 10 buses per hour per direction). The one seat ride provided by the West Shuttle could be an important tool for intracity transit mobility and result in similar productivity to the Crosstown Route. While the redundancy to VTA Routes 22/522 is noted, the cost to ride the West Shuttle route would be free, which could also capture casual users of transit along El Camino who do not make the trip on VTA due to its cost. Improve Caltrain Connections for the Express Routes In order for the shuttle to be an attractive last mile solution in the AM from Caltrain and first mile solution in the PM to Caltrain, the schedule should be revised to better meet limited and Baby Bullet Service. Long wait times will discourage ridership and shift Google (and potentially other tech employees in the North Bayshore Business Park to seek alternate travel modes such as the intercity commuter shuttles. Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 35 of 36 Improve Caltrain Connections for Residents The morning westbound service does not deliver a run to the Caltrain station before 8:50 AM. Given that an onward journey to San Francisco or San Jose could take an additional 40 minutes, this does not provide an adequate first-mile service for Palo Alto residents. We recommend that westbound service begin earlier to provide connections to the 7:51 AM southbound Baby Bullet and the 8:05 northbound Baby Bullet services. Introducing this service as an experimental measure would allow the City to better understand residential commuter demand for first/last mile service and tailor a service to support that. Schedule/Travel Time Revisions We recommend that the schedule be amended such that the headways are harmonized. The proposed schedule offers a wide variety of headways during the day, from as little as 20 minutes to upwards of 40 minutes. This can serve to disorient the user and make the service less legible, but more importantly, due to the lack of recovery time and inconsistencies found in the stop-to- stop travel times, the estimated round trip run time for the West Shuttle may be unachievable or only achievable under ideal circumstances. Increasing headways to 40 minutes for all runs allows for an 80 minute round trip travel time plus recovery time. If budget allocated for alternative transportation allows, we recommend consideration of a third bus and 30 minute headways throughout the day. This would allow for a 90 minute round trip travel time plus recovery time for each run. UNIVERSITY/STANFORD SHOPPING CENTER TROLLEY (PROPOSED) If one bus is operated on this route we would expect headways to average 20 minutes. In order to make this service attractive to employees in downtown, Stanford Shopping Center, and Stanford University/Hospital we recommend that the service operates with two vehicles at a combined average headway of around ten minutes based on the current route structure. We are cognizant of the cost implications of operating two buses on this route; however the total travel time (walk, wait, in-bus) experienced by customers when operating at 20 minute headways is likely to result in lower than anticipated ridership. Reductions in round trip route length by 25% and 50% would result in 15 and 10 minute headways, respectively. If the desired destinations can be served with a 2-mile round trip, this would obviate the need for an additional bus to serve this route and the service would achieve a far more desirable 10 minute frequency. Jaime Rodriguez & Ruchika Aggarwal August 28, 2014 - DRAFT Page 36 of 36 The service is proposed for summertime, which is an appropriate part of the year for an open-air service. However, the maximum ridership gains would be likely during the holiday shopping period in late November and December. By targeting retail customers, the service would provide mobility to shoppers who choose to “park once” either at downtown or Stanford Shopping Center and then take the trolley to and from the other shopping district without ever moving their car. Aside from reducing driver stress, if successful, a holiday shopping service would improve parking availability, decrease traffic congestion, and lower greenhouse gas emissions. We therefore recommend that the service also be tested during one or more of the following time periods during the holiday season (late November through late December): 1. Weekday midday 2. Weekday evenings 3. Weekend midday At this time of year (late November through late December), an open-air service may not be appropriate and the vehicles could need to be regular shuttles. NEXT STEPS In this study, the current and proposed Palo Alto shuttle routes have been reviewed. Recommendations have been offered based on the available data. However, the limitations of the data are reflected in the breadth of recommendations that are able to be made. Run-level data has been valuable to inform understanding of how ridership fluctuates throughout the day. Stop- level data, however, would allow for a more detailed analysis of the effectiveness of the chosen alignment, stop positioning, and the productivity of each stop. Further still, a survey of riders would yield important information on which needs are well-served and which service improvements should be prioritized. The collection of more detailed data could serve to strengthen some of the conclusions of this study and provide for a more thorough set of recommendations for future improvements to the system. This concludes our Palo Alto service evaluation. If you have any questions or comments, please contact Steve Crosley or Andy Kosinski at (415) 348-0300. City of Palo Alto (ID # 5088) Planning & Transportation Commission Staff Report Report Type: Meeting Date: 9/10/2014 City of Palo Alto Page 1 Summary Title: Expansion of Shuttle Services-Phase 2 Title: Study Session with the Planning & Transportation Commission to Present the Findings of the Shuttle Program Evaluation and Recommendations to Improve Existing Routes and an Assessment of Proposed New Shuttle Routes. From: Ruchika Aggarwal, Associate Engineer Lead Department: Planning & Community Environment Recommendation Staff recommends that the Planning and Transportation Commission receive the attached Palo Alto Shuttle Evaluation by Fehr & Peers and provide input regarding opportunities to expand the Palo Alto Shuttle Program including: 1.Increasing the service frequency for the existing Crosstown Shuttle Route between the hours of 10am-3pm effective Fall 2014 2.Seeking public-private partnerships for implementing the proposed West Shuttle Route into the West Bayshore Business Park in Mountain View 3.Implementing a trial of the proposed Downtown University Avenue /Stanford Shopping Center Trolley in Summer 2015 Executive Summary Earlier this year the City expanded the Palo Alto Shuttle Program by introducing a new shuttle route in partnership with the City of East Palo Alto bringing the total number of shuttle routes in the program to three routes. The new East Palo Alto Shuttle provides a link between the University Avenue Business District and the Woodland Ranch residential neighborhood in the City of East Palo Alto. The City of East Palo Alto is funding the new shuttle route while Palo Alto is leading the shuttle operation and management. The East Palo Alto shuttle was introduced as part of a 3-year service contract renewal with MV Transportation, whom also operates the Crosstown Shuttle Route. The third shuttle route in city’s shuttle program is the Embarcadero Shuttle, operated and managed by the Caltrain Commuter Program and linking the University Avenue Business District with the East Bayshore Business Park on Embarcadero Road – East of Highway 101. 1 City of Palo Alto Page 2 To continue evaluating opportunities to enhance the Palo Alto Shuttle Program, the City contracted with Fehr & Peers Transportation Consultants to review the existing shuttle program to identify ridership patterns and market demand, efficiency opportunities, and shuttle route alignment alternatives. The focus of this report is on the findings of the Fehr & Peers Palo Alto Shuttle Evaluation (Attachment A) and the commission is being asked participate in a study session to provide feedback on the study and its recommendations. The commission is also being asked to provide input on a proposed On-Board Ridership Survey (Attachment B) that can be distributed this fall to help collect additional data regarding the shuttle program. Background The Palo Alto Shuttle Program began in December 1999 and provides free shuttle bus services between the Palo Alto Caltrain station, City destinations and neighborhoods. The program currently consists of three shuttle routes -Embarcadero, Crosstown and East Palo Alto/Caltrain. The Crosstown Shuttle provides a north-south transit connection from Charleston Road to the University Avenue Caltrain station along Middlefield Road and several community neighborhoods. This route serves both JLS and Jordan middle schools during the morning and afternoon bell schedules. Crosstown Route operates on one-hour headway during most of the day, except for the morning and mid-afternoon school bell schedule period when there is additional service to support school activity. This route is funded 100% by the City and operates Monday through Friday, excluding some holidays, from 7:40AM-5:30PM. The Embarcadero Shuttle connects the business parks on the east side of the City along Embarcadero Road to the University Avenue Caltrain Station. The City currently contracts with the Peninsula Corridor Joint Powers Board (JPB) for the Embarcadero Shuttle, which is a part of the Caltrain peak hour commuter shuttle program and subsidized 75% by the JPB. The remainder 25% is subsidized by the Palo Alto Shuttle Program. The shuttle operates on 15- minute headway Monday through Friday from 6:50AM-9:50AM and 3:10PM-6:50PM, excluding some holidays.. The Embarcadero Shuttle includes a Special Run to Jordan Middle School to supplement the Crosstown Shuttle Routes demand for transit service to the school. The East Palo Alto Route, which just starting operating on July 1, 2014, links the University Avenue Caltrain Station with Woodland Avenue community in East Palo Alto. This route is fully funded by the City of East Palo Alto but is managed by City of Palo Alto. This route operates on a 30-minutes headway seven days per week, excluding some holidays, from approximately 6:00AM to 10:00AM and 4:00PM-9:00PM. The City contracted with Fehr & Peers Transportation Consultants to provide an independent peer review of the shuttle program and to provide recommendations for ridership patterns and market demand, efficiency opportunities, and shuttle route alignment opportunities. The findings of the Fehr & Peers Study are provided in Attachment A and summarized within this 2 City of Palo Alto Page 3 report for review and discussion by the commission. Discussion The March 2014 Request for Proposals (RFP) for the Palo Alto Shuttle Program that resulted in selection of MV Transportation as the operator of the Crosstown Shuttle and new East Palo Alto Shuttle routes requested bids for a series of alternative shuttle route options aimed at increasing ridership by providing new transit connections to major employment and shopping districts within the City. Attachment C shows existing Palo Alto Shuttle Routes, proposed West Shuttle Route concept and other Route Expansion Options. During the budget process, the City Council set aside funds for expansion of the shuttle program as one way to reduce traffic and parking demand, but requested additional analysis of the shuttle program and route alternatives. As a result, the city contracted with Fehr & Peers Transportation Consultants to conduct an independent analysis. Fehr & Peers assessed the existing shuttle routes and current service operations in Palo Alto and compared them to other similar first/last mile community shuttle systems. Current Ridership Patterns and Market Demand Although the city requested a Ridership Patterns analysis to be conducted as part of the study, the City did not have shuttle stop location-specific data regarding boarding activities. The City collects daily rider boarding data to monitor shuttle usage patterns but ridership pattern data could not be extracted from it without supplemental location-specific data. The City plans to collect location-specific boarding data in the future to help better assess ridership patterns as part of future program evaluations. Using the existing boarding data available, Fehr & Peers was able to estimate a “Boarding’s per Revenue Mile” factor used as a standard measure in transit operations to determine and compare route usage. Although city does not charge riders for use of city shuttle, the Boarding’s per Revenue Mile factor is still a good comparative tool to help compare the programs against other comparable baseline routes and to measure trends in shuttle use. Table 1 below summarizes the Boarding per Revenue Mile calculations for the Palo Alto Shuttle Program and compares the findings against similar shuttle programs. Table 1 Palo Alto Shuttle Program – Boarding’s per Revenue Mile Comparison Route Boarding’s per Revenue Mile Palo Alto – Crosstown 2.8 Palo Alto – Embarcadero 1.4 Palo Alto – East Palo Alto N/A* Emeryville – Hollis Route 3.7 Emeryville – Shellmound-Powell 5.5 Emeryville – Watergate Express 3.4 3 City of Palo Alto Page 4 Irvine iShuttle – A Route 0.9 Irvine iShuttle – B Route 1.0 Irvine iShuttle – C Route 2.6 Irvine iShuttle – D Route 1.1 VTA Bus System (Average) 2.2 Samtrans Bus System (Average) 2.0 * East Palo Alto Shuttle Route Data Not Available due to recent start date, 7-1-14 The Boarding’s per Revenue Mile Comparison shows that each of the Palo Alto Shuttle routes is effective and demonstrates strong community demand for the service. The Crosstown Shuttle Route specifically sees better utilization than any of the Irvine iShuttle program routes and better utilization than the average Valley Transportation Authority (VTA) or Samtrans average bus systems. In addition, for the Crosstown route, ridership peaks in the AM and PM during school bell times indicating that school students play an important part in making these runs successful. The ridership during mid-afternoon hours suggests that these runs are popular amongst seniors in both directions. Monthly ridership for Crosstown Shuttle during the month of March 2014 was 8,465 boarding’s. Ridership data at stop level is not available yet but staff is in the process of collecting this in the coming months. Ridership per run on Embarcadero route is lower than Crosstown route even though service is more frequent. The typical frequency of Embarcadero Shuttle is every 15 minutes during AM and PM commute peak hours on weekdays. Embarcadero Route is coordinated with the Caltrain schedule and therefore a lot of ridership along this route is transfer from Caltrain. This route operates as first/last mile allowing employers of East Bayshore area to leave their cars at home. This route is direct and is adequately serving the intended destinations therefore no route modifications are recommended. Fehr & Peers provides a Market Demand assessment that helps to identify geographic area where demand for transit service may be high based on land uses and traffic volume data. The Market Demand is based on a Fehr & Peers developed transit likelihood index for Palo Alto using data from the Environmental Protection Agency’s Smart Location Database. The transit likelihood index combines population density, employment density, and transit dependent density (zero car households) in order to identify areas with the highest propensity for transit by both locals and visitors. Based on this index, the following areas are considered highest transit likelihood that will generate transit ridership: • Downtown University Avenue This area is currently serviced by the East Palo Alto Shuttle and the Embarcadero/Caltrain route • South of El Camino Real around Stanford Shopping Center This area is proposed for service by a new Palo Alto Shuttle - University/Stanford 4 City of Palo Alto Page 5 Shopping Center Trolley route. A seasonal trial of the route is recommended to determine ridership demand and route alternatives. • California Avenue Caltrain Station The proposed Palo Alto Shuttle – West route will serve the El Camino Real/California Avenue intersection. • Arastradero Road between El Camino and Foothill This area is currently serviced by the VTA and no new Palo Alto Shuttle program routes are recommended due to better flexibility from the VTA in responding to Gunn High School bell schedule and service demands. • East Meadow Drive, east of Middlefield This area is proposed for service by a new Palo Alto Shuttle – West Route • Southwest of Middlefield Road/Loma Verde Avenue This area is currently serviced by the Palo Alto Shuttle – Crosstown Route and increased service is recommended as part of the Fehr & Peers study Palo Alto Shuttle Program Efficiencies Fehr & Peers evaluated the efficiency of each of the Palo Alto shuttle routes to determine if modifications could be made to provide better connections with additional transit facilities such as Caltrain or VTA helping to make the routes more attractive for new users. The recommended service changes are listed below by route. Crosstown Route Fehr & Peers recommends that the service frequency for Crosstown route be doubled during the hours of 10AM-3PM since the ridership peaks during midday period. This would provide enhanced service for seniors and other riders with midday mobility needs. Fehr & Peers recent research suggests that the elasticity of ridership with respect to frequency is around 40 percent. This means that a doubling of transit frequency would be expected to yield around a 40 percent increase in ridership. The Crosstown shuttle serves City’s popular destinations along route such as Palo Alto Caltrain Station, Avenidas, Lytton Gardens, Channing House, Main Library, Palo Alto Art Center, Jordan Middle School, Midtown Shopping District, JLS Middle School, Mitchell Park Community Center + Library and Stevenson House, therefore no route modifications are recommended. Embarcadero Route Fehr & Peers recommends no changes to the Embarcadero Route due an already short headway of 15-minutes. The study discusses City interest in a potential satellite parking lot along Embarcadero Road – East of Geng Road for which the Embarcadero Shuttle Route 5 City of Palo Alto Page 6 could help to provide a bridge between parking and the University Avenue Business District. The short headway of the Embarcadero Route already matches the headways of high frequency regional routes such as the VTA – Rapid 522 Route. Fehr & Peers recommends retaining the existing route configuration but possibly considering an expansion to non-peak hours if the Embarcadero Road Satellite Parking Lot alternatives were to come online in the future. East Palo Alto Route This shuttle was recently introduced to the community starting on July 1, 2014. No modifications are recommended at this time. Shuttle Route Alignment Alternatives Fehr & Peers focused their review of alternative shuttle route alignments on the routes included in the Palo Alto – Shuttle Operator RFP earlier this Spring. Proposed West Shuttle Route The idea for a West Shuttle Route grew out of community workshops held in July 2011, where staff solicited residents input on how to improve the shuttle program. The proposed West Shuttle route would connect South Palo Alto with the business and retail districts in North Palo Alto, complementing existing VTA routes.. Based on the Fehr & Peers transit likelihood index provided in the attached report, it is likely that this route may generate ridership. The proposed route can serve as a community-based and first/last mile shuttle connecting riders with various transit options available along El Camino Real or at the Palo Alto Caltrain station, supporting transfer opportunities to Caltrain and VTA routes. This route can provide access to shopping, business and health care districts along El Camino real for riders from South Palo Alto. Currently riders from South Palo Alto transfer from VTA Route 88 or 104 to VTA routes 22 or 522 to access services along El Camino Real. However due to high operating costs, this route may only be feasible through public-private partnerships. Partnership opportunities with may be attractive to large employers in the Mountain View – Shoreline Business Park. Based on commission input staff can outreach to larger employers in that area to gauge interest in partnerships to expand the route as currently envisioned with express route service to Caltrain during peak hours and shorter routes with more frequent headways during non-peak hours for resident use. Preliminary informal discussions with Google have taken place already and there is interest but additional community and policy is required so that formal discussions with employers in the Shorelines Business Park can take place. The route can also introduce a Special Palo Alto High School (Paly) run with service to the Colorado Avenue/Cowper Street areas which does not currently exist helping to expand transit options in that area. 6 City of Palo Alto Page 7 Proposed University/Stanford Shopping Center Trolley Route University Avenue/Stanford Shopping route was proposed to operate during the hours of 11AM-1:30PM during summer months using an open air trolley. This route would connect the University Avenue Downtown Business District with Stanford Shopping Center. The route was proposed to serve employees in downtown, Stanford Shopping Center, Stanford University/Hospital during lunch hours. As per the evaluation report, staff is proposing to modify the route thereby keeping headways of 10 minutes. Fehr & Peers recommends a trial of the route to gauge route demand and they also suggest considering a trial during the upcoming Winter Holiday season to help further bridge connections between the two districts during the shopping season. On-Board Passenger survey Staff plans to release an On-Board Passenger survey this Fall to help provide additional data regarding customer expectations of the current shuttle program. Draft questions for the survey are provided in Attachment B and commission input is requested so that a survey can be finalized and distributed to shuttle users. The survey represents the City’s effort to collect comprehensive travel mode data to better understand how people are using the shuttle for various travel needs. This survey is developed based on On-Board passenger survey from Alameda Contra-Costa Transit District (AC Transit) conducted in fall of 2008 and from Valley Transportation Authority (VTA) in fall of 2013. The survey will be made available primarily through hard copies for distribution to existing shuttle riders on various times of day for 4-6 weeks. Timeline Staff plans to release the survey during the week of September 15th after incorporating any changes received at the Planning and Transportation Commission. City Council consideration of the shuttle program is tentatively scheduled for October 27, 2014. Staff has been working closely with current shuttle service provider, MV Transportation and with City Council authorization; the operator could begin the increased service frequency for existing Crosstown Shuttle and the proposed West Shuttle route later this year. The proposed trial of a University/Stanford Shopping Center trolley route is envisioned for Summer 2015. Resource Impact Based on commission input and additional data collected through the Onboard Rider Surveys, staff will develop recommendations for expansion and provide cost details to the City Council for their consideration. Preliminary cost estimates based on the MV Transportation’s response to the City’s RFP and Fehr & Peers recommendations are as follows: Crosstown Shuttle: Increased frequency during midday operations may cost the city up to $7,400 per month based on an additional 6 hours per day of 7 City of Palo Alto Page 8 service. Embarcadero Shuttle: No changes recommended at this time. East Palo Alto Shuttle: No changes recommended at this time. West Shuttle: Staff estimates the shuttle costing up to $400,000 per year to provide two regular shuttles that offer express route service during peak periods between Palo Alto and the Mountain View Shoreline Business Park and local Palo Alto service during non- peak periods. Stanford/Downtown Staff estimates the shuttle costing up to $20,000 for a 3-month Trolley: summer period trial. Policy Implications This request is consistent with existing Council direction to pursue transportation demand management strategies in concert with parking management and parking supply initiatives. Transit services like the free Palo Alto shuttle can provide an attractive alternative to single occupancy vehicles for work- and non-work trips, as well as meeting the needs of those for whom driving is not an option. CEQA This study session is not a project under the California Environmental Quality Act. Attachments: Attachment A: Palo Alto Shuttle Evaluation Report (PDF) Attachment B: Proposed On-Board Survey (DOCX) Attachment C: Palo Alto Shuttle Route Expansion Routes (PDF) 8 MEMORANDUM Date: August 28, 2014 To: Jaime Rodriguez and Ruchika Aggarwal, City of Palo Alto From: Steve Crosley, AICP, Andy Kosinski, PE, and Lindsey Hilde, Fehr & Peers Subject: FINAL Palo Alto Shuttle Evaluation SF14-0754 The City is considering a significant expansion in shuttle service, with the goal of dramatically increasing ridership within three years. This memorandum analyzes existing operating conditions and proposed new service for the Palo Alto shuttle system. Service enhancements are proposed that would improve efficiency of the system, better serve the system’s users, and help meet the stated goal of increasing ridership. These enhancements have been developed by analyzing existing operating conditions, investigating market demand, inferring rider profiles (commuters, employees, etc.), and understanding origins and destinations of user groups most likely to ride a shuttle. This analysis attempts to answer three key questions: 1.What are current ridership patterns and what is the market demand? 2.Are there any ways in which the service could be more efficient? 3.Are there any ways that the service could be realigned to better serve customers, both existing and anticipated? This review is organized into six sections: •Existing Conditions – This section assesses the three community-based and first/last mile shuttles currently in operation in the City of Palo Alto. •Current Service Analysis – This section evaluates the current routes in operation based on run-level ridership data provided by the City of Palo Alto. ATTACHMENT A 9 • Market Assessment – This section is intended to better understand the market for transit and unmet needs based on current service structure and provision and define service objectives. • Proposed Service Analysis – This section considers two potential routes included in a recent request for proposals prepared by the City of Palo Alto to determine the costs associated with possible new routes. The analysis includes a review of each route, the proposed schedule, and likely demand for the service. • Recommended Current and Proposed Service Changes – This section recommends proposed service improvements that seek to strengthen the strongest sections of the system and improve upon the efficiency of the system while better serving existing and anticipated customers. • Next Steps – This section proposes next steps to strengthen some of the conclusions of this study and provide for a more thorough set of recommendations for future improvements to the system. EXISTING CONDITIONS – PALO ALTO SHUTTLES There are three community-based and first/last mile shuttles currently in operation in the City of Palo Alto that are either administered or funded by the City. Each is free to ride and open to anyone. ROUTE DESCRIPTIONS Crosstown Route The Crosstown shuttle stops hourly from 7:40 AM-5:20 PM at the Palo Alto Caltrain Station, Avenidas, Lytton Gardens, Channing House, Main Library, Palo Alto Art Center, Jordan Middle School, Midtown Shopping District, JLS Middle School, Mitchell Park Community Center + Library, and Stevenson House. Embarcadero Route Destinations along the Embarcadero route include the Palo Alto Caltrain Station, East Bayshore Business Park, Embarcadero Road, Palo Alto High School, Jordan Middle School, and the Palo Alto Medical Foundation. The typical frequency of this bus is once every 15 minutes, during weekdays only from 6:51-9:34 AM & 3:10-6:28 PM. 10 East Palo Alto Shuttle The East Palo Alto shuttle makes stops at Woodland, Newell, InnVision Ministry Food Bank, 425 Hamilton, Palo Alto City Hall, Palo Alto Caltrain Station, and Lytton Gardens, among other stops. The typical frequency of this bus is every 30 minutes during weekdays and weekends, however, while weekday operation is from 5:55-10:02 AM and 4:13-9:20 PM, the weekend service hours are slightly shorter, from 7:09–10:51 AM, and 4:20–8:51 PM. ADMINISTRATION/FUNDING The City administers two shuttle routes – the Crosstown and East Palo Alto Caltrain shuttles (operated by MV Transportation). The Crosstown route is funded by the City. The East Palo Alto shuttle is funded by the City of East Palo Alto. The Caltrain Commuter Shuttle Program operates the Embarcadero Shuttle. The Embarcadero shuttle is funded by BAAQMD, the Peninsula Corridor Joint Powers Board, and the City of Palo Alto. Table 1 presents service characteristics of the three routes. Figure 1 shows the existing routes. EXISTING CONDITIONS – OTHER TRANSIT SERVING PALO ALTO Table 2 lists the other transit providers and their routes serving the City of Palo Alto. The City is served by regional transit agencies including Santa Clara Valley Transportation Authority (VTA) and SamTrans. While numerous routes operated by each of these agencies serve the City proper, the majority of service hours are concentrated on the El Camino Corridor. Stanford University operates a robust campus transit program with numerous routes offering first/last mile service to Caltrain and residential areas in the City. The Stanford Marguerite shuttles are free to ride and open to anyone. Dumbarton Express serves Palo Alto and Caltrain to/from the East Bay. One additional Caltrain first/last mile shuttle operates from the California Avenue Station. Private shuttles (typically from large tech companies) also operate in the City, primarily serving Caltrain stations and residential areas, including Google, Facebook, Box, VMware, and others. 11 Table 1 - Existing Palo Alto Shuttles Route Name Route Operator Managed Funding Headways Service Days Service Hours - Weekdays Service Hours - Weekends Points of Interest Crosstown Shuttle University Ave/Downtown - South Palo Alto @ Charleston Road, via Middlefield MV Transportation City of Palo Alto City of Palo Alto 60 min Weekdays, except holidays 7:40 AM – 5:20 PM None Palo Alto Caltrain Station, Avenidas, Lytton Gardens, Channing House, Main Library, Palo Alto Art Center, Jordan Middle School, Midtown Shopping District, JLS Middle School, Mitchell Park Community Center + Library, Stevenson House Embarcadero Shuttle University Ave. Caltrain - Baylands Business Park, via Embarcadero Caltrain Commuter Shuttle Program Caltrain Commuter Shuttle Program BAAQMAD, Peninsula Joint Powers, City of Palo Alto 15-20 min Weekday peak, except holidays 6:51-9:34 AM & 3:10-6:28 PM None E. Bayshore, Embarcadero Road, Palo Alto High School, Jordan Middle School, Palo Alto Medical Foundation East Palo Alto/Caltrain Shuttle East Palo Alto (Woodland, Newell) - City of Palo Alto University Ave/Downtown, via University Ave. MV Transportation City of Palo Alto City of E. Palo Alto 30 min Daily, except holidays 5:55-10:02 AM & 4:13-9:20 PM 7:09-10:51 AM & 4:20-8:51 PM Woodland, Newell, InnVision Ministry Food Bank, 425 Hamilton, Palo Alto City Hall, Palo Alto Caltrain Station, Lytton Gardens 12 Table 2 – Other Existing Transit Serving Palo Alto Route Name Route Operator Managed Funding Headways Service Days Service Hours - Weekdays Service Hours - Weekends Valley Transportation Authority (VTA) 22 Palo Alto Transit Center to Eastridge Transit Center via El Camino VTA VTA VTA 10-15 min (daytime) Daily 24 hours 24 hours 35 Downtown Mountain View to Stanford Shopping Center VTA VTA VTA 30-60 min Daily 5:42 AM – 10:46 PM 8:23 AM – 8:59 PM 88 Palo Alto Veteran’s Hospital to Middlefield & Colorado VTA VTA VTA 60 min Weekdays 6:32 AM – 6:39 PM None 88L Palo Alto Veteran’s Hospital to Middlefield & Colorado (School Days Only) VTA VTA VTA None School Day Peaks 7:38-8:06 AM & 2:29-4:12 PM None 88M Palo Alto Veteran’s Hospital to Middlefield & Colorado (School Days Only) VTA VTA VTA None School Day Peaks 7:43-8:06 AM & 2:29-4:08 PM None 101 Camden & Highway 85 to Palo Alto VTA VTA VTA 60 min Weekday Peaks 6:16-8:20 AM & 4:10-6:42 PM None 13 Route Name Route Operator Managed Funding Headways Service Days Service Hours - Weekdays Service Hours - Weekends 102 South San Jose to Palo Alto VTA VTA VTA 8-30 min Weekday Peaks 5:50-9:01 AM & 3:25-6:51 PM None 103 Eastridge Transit Center to Palo Alto VTA VTA VTA 30-60 min Weekday Peaks 5:08-8:23 AM & 2:41-6:29 PM None 104 Penitenicia Creek Transit Center to Palo Alto VTA VTA VTA 30-45 min Weekday Peaks 5:54-7:55 AM & 4:00-6:05 PM None 182 Palo Alto to IBM/Bailey Ave VTA VTA VTA None Weekday Peaks 7:29-8:33 AM & 5:05-6:14 PM None Rapid 522 Palo Alto Transit Center to Eastridge Transit Center VTA VTA VTA 15-30 min Daily 4:37 AM – 11:16 PM 7:50 AM – 11:09 PM Dumbarton Bridge Regional Operations Consortium DB Dumbarton Express MV Transportation Dumbarton Bridge Regional Operations Consortium (DBROC): AC Transit, BART, SamTrans, Union City Transit, VTA Regional Measure 2 30-60 min Weekdays, except holidays 5:22 AM – 8:51 PM None 14 Route Name Route Operator Managed Funding Headways Service Days Service Hours - Weekdays Service Hours - Weekends DB1 Dumbarton Express MV Transportation Dumbarton Bridge Regional Operations Consortium (DBROC): AC Transit, BART, SamTrans, Union City Transit, VTA Regional Measure 2 20-60 min Weekday peaks, except holidays 5:26-9:45 AM & 1:35-8:43 PM None SamTrans 280 Purdue / Fordham – Stanford Mall SamTrans San Mateo County Transit District San Mateo County Transit District 60 min Daily 5:20 AM – 10:24 PM 7:38 AM – 7:57 PM 281 Onetta Harris Center – Stanford Mall SamTrans San Mateo County Transit District San Mateo County Transit District 15-30 min Daily 6:00 AM – 10:32 PM 8:03 AM – 7:58 PM 297 Redwood City Transit Center – Palo Alto Transit Center SamTrans San Mateo County Transit District San Mateo County Transit District 60 min Nightly 10:43 PM – 5:21 AM 6:45 PM – 9:22 AM 397 San Francisco – Palo Alto Transit Center SamTrans San Mateo County Transit District San Mateo County Transit District 60 min Nightly 12:48 AM – 6:22 AM 12:48 AM – 6:22 AM ECR Daly City BART – Palo Alto Transit Center SamTrans San Mateo County Transit District San Mateo County Transit District 10-30 min Daily 3:56 AM – 2:21 AM 4:47 AM – 2:21 AM 15 Route Name Route Operator Managed Funding Headways Service Days Service Hours - Weekdays Service Hours - Weekends Stanford 1050 A Medical School Office Building – Arastradero Road Stanford University Stanford University Stanford University and numerous contributors 20 min Weekdays, except holidays 7:05 AM – 6:45 PM None C Vi! – Serra Mall – Escondido Village Stanford University Stanford University Stanford University and numerous contributors 30 min Weekdays, except holidays 5:40 AM – 9:17 PM None H Hoover Pavilion Shuttle Stanford University Stanford University Stanford University and numerous contributors 15 min Weekday peaks 5:15-8:30 AM & 3:35-7:57 PM None MC Palo Alto Transit Center – Stanford Hospital Fountain Stanford University Stanford University Stanford University and numerous contributors 15-20 min Weekdays 5:08 AM – 12:30 AM None N Campus – Downtown Palo Alto (Counter-Clockwise) Stanford University Stanford University Stanford University and numerous contributors 40 min Nightly, except holidays and Summer 8:10 PM – 1:38 AM 8:10 PM – 1:38 AM O Campus – Downtown Palo Alto (Clockwise) Stanford University Stanford University Stanford University and numerous contributors 40 min Nightly, except holidays and Summer 8:25 PM – 1:57 AM 8:25 PM – 1:57 AM 16 Route Name Route Operator Managed Funding Headways Service Days Service Hours - Weekdays Service Hours - Weekends OCA Tresidder Union – Oak Creek Apartments Stanford University Stanford University Stanford University and numerous contributors 20 min Nightly, except holidays and summer 9:00 PM – 2:10 AM 9:00 PM – 2:10 AM P Palo Alto Transit Center – Stanford Oval Stanford University Stanford University Stanford University and numerous contributors 10-20 min Weekdays, except holidays 6:08 AM – 8:10 PM None RP Palo Alto Transit Center – Research Park Stanford University Stanford University Stanford University and numerous contributors 10-40 min Weekday peaks 6:28-10:12 AM & 3:30-7:33 PM None S Palo Alto Transit Center – Stanford West Apartments – Oak Creek Apartments – Rosewood Hotel Stanford University Stanford University Stanford University and numerous contributors 45 min Weekday peaks, except holidays 6:20-9:07 AM & 4:34-6:47 PM None SE Palo Alto Shopping Center – Campus – San Antonio Shopping Center Stanford University Stanford University Stanford University and numerous contributors 35-60 min Daily, except holidays and Summer 3:00 PM – 10:25 PM 9:35 AM – 11:08 PM SLAC SLAC – Hoover Tower Stanford University Stanford University Stanford University and numerous contributors 20-60 min Weekdays, except holidays 7:00 AM – 9:26 PM None TECH Palo Alto Transit Center – Embarcadero Road – Palo Alto Technology Center Stanford University Stanford University Stanford University and numerous contributors 10-30 min Weekday peaks 6:30-10:20 AM & 2:40-7:25 PM None 17 Route Name Route Operator Managed Funding Headways Service Days Service Hours - Weekdays Service Hours - Weekends V Stanford Hospital – Campus – California Avenue Caltrain Station – Palo Alto VA Hospital Stanford University Stanford University Stanford University and numerous contributors 25-45 min Weekdays 6:30 AM – 9:37 PM None X Palo Alto Transit Center – Stanford Shopping Center – Campus (Counter-Clockwise) Stanford University Stanford University Stanford University and numerous contributors 15-20 min Weekdays, except holidays 5:51 AM – 8:59 PM None Y Palo Alto Transit Center – Stanford Shopping Center – Campus (Clockwise) Stanford University Stanford University Stanford University and numerous contributors 15-20 min Weekdays, except holidays 6:08 AM – 8:59 PM None U Fremont BART – Stanford Oval – Stanford Shopping Center AC Transit AC Transit AC Transit 30-60 min Weekday peaks 6:00-9:26 AM & 2:45-7:03 PM None Caltrain Deer Creek Shuttle Palo Alto Caltrain Station – California Ave Caltrain Station – Deer Creek Caltrain Caltrain Bay Area Air Quality Management District Transportation Fund for Clean Air, Peninsula Corridor Joint Powers Board, Hewlett-Packard 20-60 min Weekday peaks 7:33-10:01 AM & 3:38-7:01 PM None 18 Oreg o n E x p y Embarcader o R d Mid d l e f i e l d R d Alm a S t 101 El Ca m i n o R e a l Foot h i l l E x p y Univ e r s i t y Av e Channing Ave E Mead o w D r Loma V e r d e A v e Aras t r a d e r o R d Loui s R d E Charl e s t o n R d \\F p s e 0 3 \ f p s e 2 \ D a t a 2 \ 2 0 1 4 P r o j e c t s \ S F _ P r o j e c t s \ S F 1 4 _ 0 7 5 4 _ p a l o A l t o _ S h u t t l e E v a l \ M X D \ f i g 0 1 _ E x i s t i n g T r a n s i t R o u t e s . m x d Existing Shuttle RoutesFigure 1 Existing Shuttle Routes Crosstown Shuttle Route East Palo Alto Shuttle Embarcadero Shuttle Activity Center High School or Middle School Shopping Districts Senior Center Palo A l t o C i t y L i m i t s Palo A l t o C i t y L i m i t s Library 101 0 0.5 10.25 Miles 19 CURRENT SERVICE ANALYSIS The City of Palo Alto provided run-level ridership data for the Crosstown and Embarcadero routes. This level of data is able to inform us of the effectiveness of service for each individual run and how ridership fluctuates over the course of the day. Because no ridership data was provided at the stop-level, it is impossible to determine the amount of riders using any particular stop, e.g. the Palo Alto Caltrain Station. We are therefore not able to distinguish the stops with the lowest productivity, which could be candidates for service modification. CROSSTOWN ROUTE The Crosstown route runs uninterrupted on weekdays between 7:40 AM and 5:20 PM. The ridership data from March 2013 (most recent available year) has been averaged over all weekdays and is shown in Figure 2 below. This chart shows each run as a separate data point and allows us to see how ridership varies over the course of a typical weekday. Ridership Patterns Ridership peaks in the mid-afternoon and falls away in the AM and PM peak periods (aside from the two high-performance runs). Each run has a ridership of at least five persons, and the most fall within the 5-25 person range which is within the seated capacity of the buses. Ridership is similar in both directions and there is no clear peak direction during the day (except for two outlier runs which are described in more detail below). There are two consistently high-ridership runs, which are the 7:40 AM run from downtown to Stevenson, and the 3:05 PM run from Stevenson to downtown. The 7:40 AM shuttle departs the Caltrain station four minutes after the arrival of a southbound Baby Bullet train and a northbound local train. It is also 17 minutes after the most recent northbound Baby Bullet train. While stop- level data is not available to provide conclusive evidence, the success of this run may be based on connection to popular Caltrain services. The 3:05 PM run has a ridership of 41 per run, and again is not a specific school service. It arrives at the Caltrain station at 3:30 PM. It therefore drops passengers off at the station in advance of the 3:38 PM northbound and 4:03 PM southbound trains. Baby Bullets do not operate until 4:43 PM northbound and 4:44 PM southbound. The two runs appear to mirror each other with high ridership and due to the timing it is likely that the peaks are at least partly due to school students. These special runs are called out in Figure 2 with a “school” delineation, and they have ridership similar to adjacent runs. A stop-level ridership 20 survey would serve to better inform whether or not students are riding on the specially- designated school service, or on other non-designated runs. Figure 2 - Crosstown Route Ridership EMBARCADERO ROUTE The Embarcadero route runs during weekday AM and PM peak periods, between around 6:50- 9:30 AM and between around 3:10-6:30 PM. The ridership data from March 2014 (most recent available) has been averaged over all weekdays and is shown in Figure 3 below. This chart shows each run as a separate data point and allows us to see how ridership varies over the course of a typical weekday. Ridership Patterns Ridership on this route is generally lower per run than for the Crosstown route (although service is more frequent). Ridership is between zero and ten persons per run for all runs except for five. Aside from these outlier runs, the ridership demonstrates fairly similar demand in both directions. 7:40 AM, 44 3:05 PM, 41 0 5 10 15 20 25 30 35 40 45 50 6: 0 0 A M 7: 0 0 A M 8: 0 0 A M 9: 0 0 A M 10 : 0 0 A M 11 : 0 0 A M 12 : 0 0 P M 1: 0 0 P M 2: 0 0 P M 3: 0 0 P M 4: 0 0 P M 5: 0 0 P M 6: 0 0 P M 7: 0 0 P M Av e r a g e W e e k d a y R u n B o a r d i n g s Crosstown Shuttle From Downtown From Stevenson Data: March 2013 seated capacity = 30 school school 21 There are six outlier runs with ridership considerably higher than the rest. The three morning outliers are the 7:33 AM and 7:49 AM runs from Harbor, and the 7:36 AM run from Alma (Downtown). The 7:33 AM run arrives at Caltrain at 7:48 AM (meeting the southbound Baby Bullet 7:51 AM) and the 7:49 AM run arrives at Caltrain at 8:04 AM (meeting the northbound Baby Bullet at 8:05 AM). The 7:36 AM run leaves Caltrain just after the NB and SB bullets have departed (at 7:23 AM and 7:36 AM, respectively). The schedule suggests that a lot of this ridership is transfer from Caltrain. In the PM period, the three outliers are the 3:10 PM service from Jordan Middle School (which is school service), and the 3:25 PM and 3:35 PM services from Alma. Based of the time of day immediately after the end of the school day, it appears that the high ridership is due to student patronage. Figure 3 – Embarcadero Route Ridership 7:36 AM, 14 3:25 PM, 18 7:33 AM, 17 3:10 PM, 27 0 5 10 15 20 25 30 35 40 45 50 6: 0 0 A M 7: 0 0 A M 8: 0 0 A M 9: 0 0 A M 10 : 0 0 A M 11 : 0 0 A M 12 : 0 0 P M 1: 0 0 P M 2: 0 0 P M 3: 0 0 P M 4: 0 0 P M 5: 0 0 P M 6: 0 0 P M 7: 0 0 P M Av e r a g e W e e k d a y R u n B o a r d i n g s Embarcadero Shuttle From Alma From Harbor Data: March 2014 seated capacity = 30 school school 22 Interface with Caltrain The alignment of service with morning Caltrain departures is shown in Table 3. The table shows that despite a frequency of 2-4 buses per hour, the service still results in fairly long transfer times to some Caltrain service. In the morning, there are eight Caltrain runs for which someone transferring onto them from the most recent Embarcadero shuttle would need to wait longer than 15 minutes (three are Baby Bullets). There are four Caltrain runs for which someone transferring onto the next Embarcadero shuttle would need to wait longer than 15 minutes (two are Baby Bullets). Table 3 – Embarcadero Shuttle AM Interface with Caltrain 23 The alignment of service with afternoon Caltrain departures is shown in Table 4. The table shows that despite a frequency of 2-4 buses per hour, the service still results in fairly long transfer times to some Caltrain service. In the afternoon, there are six Caltrain runs for which someone transferring onto them from the most recent Embarcadero shuttle would need to wait longer than 15 minutes (one is a Baby Bullet). There are two Caltrain runs for which someone transferring onto the next Embarcadero shuttle would need to wait longer than 15 minutes (neither are Baby Bullets). Table 4 - Embarcadero Shuttle PM Interface with Caltrain 24 PERFORMANCE MEASURES A number of key performance measures have been calculated for the existing service. These are shown in Table 5 below. Table 5 - Route Weekday Performance Measures – Existing Routes Route Run time (mins) Revenue miles per run Round- trip runs1 Revenue hours Daily Boardings Boardings/ rev. hour Boardings/ rev. mile Crosstown 60 10.5 12 11 358 33 2.8 Embarcadero 35 7.9 21 12 248 21 1.4 East Palo Alto 17 5.0 27 9 N/A - - Notes: 1. Runs may be not be identical throughout day Boardings per revenue mile, a key metric of efficiency, show that the Crosstown route is twice as efficient as the Embarcadero route. There are many potential factors although one could be that the higher frequency service of the Embarcadero route leads to diminishing returns on ridership, and therefore while providing a convenient first/last mile service it is less efficient that the City’s community based route. Ridership data was unavailable for the East Palo Alto route, therefore efficiency metrics were unable to be calculated. The results for boardings per revenue hour are similar to boardings per revenue mile, as they show Crosstown route with a higher efficiency than Embarcadero route. Comparison to Similar Systems The efficiency of service, as denoted by the two metrics discussed above, is generally moderate to above average for a shuttle system of this kind. In comparison, the Emery Go Round shuttle system in Emeryville, which operates as a first-mile/last-mile service to MacArthur BART station, is nationally recognized as being a very efficient service. The boardings/revenue hour of its three routes, are 47 for the Hollis route, 70 for the Shellmound-Powell route and 65 for the Watergate Express route (which is peak period only). Its boardings per revenue mile are 3.7, 5.5, and 3.4, respectively. The Irvine iShuttle network operates as a first-mile/last-mile service to both Tustin and Irvine Metrolink (commuter rail) services in Orange County. The boardings/revenue hour for 25 Routes A, B, C, and D are 14, 16, 46, and 12, respectively. The boardings per revenue mile are 0.9, 1.0, 2.6, and 1.1, respectively. It can be seen that the Palo Alto Shuttles have a level of efficiency that falls in between Irvine and Emeryville. Also, for comparison purposes, the VTA bus system average 26 boardings/revenue hour and 2.2 boardings/revenue mile. The SamTrans system averages 22 boardings/revenue hour and 2.0 boardings/revenue mile. MARKET ASSESSMENT The role of shuttles in the City of Palo Alto is multifaceted. The system provides mobility to commuters, seniors, students, and any other customer that either does not have a private automobile, chooses not to drive, or who would rather make a trip via transit instead of walking or biking. The market analysis we conducted for the City is intended to better understand the market for transit and unmet needs based on current service structure and provision. In lieu of detailed customer data and stated preference surveys, our market assessment was primarily based on charts of transit likelihood that we created for the city based on Environmental Protection Agency (EPA) Smart Location Database metrics. We used these charts to complement our prior knowledge of Palo Alto to suggest target markets for new or modified service. In this section, a discussion on the effect of an increase of transit service frequency on shuttle ridership is also given. TRANSIT LIKELIHOOD Market assessments help to identify the locations with the highest demand for service. Fehr & Peers has developed a transit likelihood index specifically for Palo Alto using data from the Environmental Protection Agency’s Smart Location Database. The transit likelihood index combines population density, employment density, and transit dependent density (zero car households) in order to identify areas with the highest propensity for transit by both locals and visitors. This customized analysis allows us to quickly visualize the varying levels of concentration of activity centers across the City which would likely generate transit ridership. Such an assessment will ensure that transit is provided in the locations with the highest ridership potential. The six factors involved in the calculation of the composite transit likelihood were: • Senior population (from Census) • Youth population (from Census) 26 • Number of households in census block group that own zero automobiles • Gross population density [people/acre] • Gross employment density [jobs/acre] • Street intersection density [weighted, auto oriented intersections eliminated] Two transit likelihood figures have been prepared, which each gives an insight into the market within Palo Alto. The first is a composite figure, shown in Figure 4 that shows all the components of transit likelihood we selected for Palo Alto. The figure shows that the highest transit likelihood is around Downtown along University Avenue and south of El Camino Real around Stanford Shopping Center. There is also an area of high likelihood around California Avenue Caltrain Station and three other significant areas: on Arastradero Road, East Meadow Drive, and southwest of Middlefield Road/Loma Verde Avenue. A second transit likelihood figure has also been prepared, which shows the elderly population variable in isolation (see Figure 5). This variable has been separated out as it is a key demographic for midday shuttle service. There are three main clusters of senior population. The largest is near Downtown on University Avenue, which is currently served by the East Palo Alto shuttle. The second is much smaller in size, but is located in the vicinity of the intersection of Middlefield Road/Loma Verde Avenue. This population is served by the Crosstown shuttle. The third population is also much smaller than Downtown and is located near Arastradero Road to the south of El Camino Real. This population is not currently served by a shuttle. 27 Oreg o n E x p y Embarcadero R d Mid d l e f i e l d R d Alm a S t 101 101 El Ca m i n o R e a l Foot h i l l E x p y Univ e r s i t y Av e Channing Ave E Mead o w D r Loma V e r d e A v e Aras t r a d e r o R d Loui s R d E Charl e s t o n R d 101 N: \ P r o j e c t s \ 2 0 1 4 P r o j e c t s \ S F 1 4 - 0 7 5 4 _ P a l o _ A l t o _ S h u t t l e _ E v a l u a t i o n \ G r a p h i c s \ G I S \ M X D \ f i g 0 2 _ C _ T r a n s i t l i k e l i h o o d 2 . m x d Figure 4 Composite Transit Likelihood Transit Likelihood Existing Shuttle Routes Crosstown Shuttle Route East Palo Alto Shuttle Embarcadero Shuttle Activity Center LowHigh Shopping Districts Senior Center High School or Middle School Library 0 0.5 10.25 Miles Palo A l t o C i t y L i m i t s Palo A l t o C i t y L i m i t s 101 28 Oreg o n E x p y Embarcadero R d Mid d l e f i e l d R d Alm a S t 101 101 El Ca m i n o R e a l Foot h i l l E x p y Univ e r s i t y Av e Channing Ave E Mead o w D r Loma V e r d e A v e Aras t r a d e r o R d Loui s R d E Charl e s t o n R d 101 N: \ P r o j e c t s \ 2 0 1 4 P r o j e c t s \ S F 1 4 - 0 7 5 4 _ P a l o _ A l t o _ S h u t t l e _ E v a l u a t i o n \ G r a p h i c s \ G I S \ M X D \ f i g 0 3 _ T r a n s i t l i k e l i h o o d _ E P 2 . m x d Figure 5 Transit Likelihood: Elderly Population Transit Likelihood Existing Shuttle Routes Crosstown Shuttle Route East Palo Alto Shuttle Embarcadero Shuttle Activity Center LowHigh Shopping Districts Senior Center High School or Middle School Library 0 0.5 10.25 Miles Palo A l t o C i t y L i m i t s Palo A l t o C i t y L i m i t s 101 29 SERVICE OBJECTIVES The transit likelihood analysis from the previous section feeds into an evaluation of the service objectives of the system and relates to the identification of markets that could be served with modified existing or new routes. Last-Mile Service and Community Service Shuttle service in Palo Alto broadly falls under two different categories: so-called “last-mile” service, and “community” service. Last-mile service can be defined as providing for the movement of people from a transportation hub (or station) to their final destination. Service that is anchored at transportation hubs (such as Caltrain station) typically fulfills such a role. Such a service is also called “first-mile” in the reverse case of accessing the transportation hub. In contrast, “community” service typically connects a number of different trip origins and destinations within a community, allowing people to travel between them without transferring to a different (and longer-haul) transit service. The two types of service can co-exist on the same route, although routes are often designed to prioritize one service over the other as their objectives may not always be aligned. Ridership on a last-mile service is enhanced through quick and direct service to the transportation hub and schedule alignment with the hub service (to minimize transfer delay). Because (in the case of Palo Alto), service can be designed to meet particular trains, schedule adherence is important, more so than frequency. For community service, higher frequency and span of service allows for greater freedom of mobility and should be of primary consideration. Schedule adherence is important when headways are above ten minutes (which is the threshold at which people will tend to consult schedules rather than arrive randomly). In the Palo Alto shuttle system, the dominant feature of the Embarcadero Route is that it is a last- mile service, and the dominant feature of the Crosstown Route is that it is a community service. These characteristics have been taken into account during the assessment and service objectives consider each of these types of shuttle services based on the markets they serve. New Service Areas and Markets The transit likelihood maps indicate that the Crosstown and Embarcadero shuttles correspond well with areas of high transit likelihood. The Crosstown route in particular connects a number of different areas of high transit likelihood across the City, and no major adjustments are recommended. The Embarcadero route is the most direct route to the key destinations 30 (Downtown area with the business park northeast of the US 101) it serves. We are unable to identify any detours for which the ridership potential of a diversion of the route would outweigh costs to travel time and directness from a detour. An area of Palo Alto that is has market potential and is currently underserved by City-operated shuttle service is the neighborhood anchored by Arastradero Road in the southwest part of the city. The part of Arastradero Road between Henry M. Gunn High School in the south and El Camino Real to the north has high transit likelihood, partly due to the presence of a high number of seniors in the area. Terman Middle School is also located on this stretch of Arastradero Road. As part of our analysis, we explored two ways to serve Arastradero: • The Crosstown route could be extended south on Charleston Road to feed into Arastradero Road. This would add substantial travel time to the route, which would in turn necessitate the running of an additional vehicle to maintain adequate headways. • A second option would be to add a detour to the proposed West Shuttle Route (described in detail in the next section). The shuttle could add a spur along Arastradero Road during the midday period to provide mobility to the senior and school population. Rather than returning south on East Meadow Drive south of Middlefield Road, the service would continue south on Charleston Road instead and continue onto Arastradero Road. The bus would turn around in the Henry M. Gunn High School driveway, where there is adequate room for a turnaround. The bus would then travel north on Arastradero Road before turning left onto El Camino Real and resuming its normal route west of East Meadow Road. This option would add two miles to each run, at an estimated travel time of ten extra minutes per run. However, it would degrade the directness of service for those traveling end-to-end on the route. Between 2005 and 2008 the Crosstown route provided morning and afternoon service to Gunn High School and the VA Hospital along the Arastradero Corridor. VTA ultimately assumed greater responsibility for school-related service and was better able to match school schedules at Gunn and the Crosstown extension to Gunn High School and the VA Hospital was discontinued. With the City unable to add a school run without an additional bus, a decision was made with VTA to allow that agency to assume transit mobility along the corridor. Therefore, while we explored the Arastradero corridor transit market, we do not recommend any reinstated or new shuttle service. Since Route 88 also serves the VA Hospital, we recommend that VTA explore options to also serve the San Antonio Caltrain station if it can be determined that regional trips to the hospital could be served via the Caltrain corridor and connecting bus service. 31 PROPOSED SERVICE ANALYSIS The City is considering an investment in increased shuttle service, either through increased frequency of service, new routes, or a combination of both. The two new routes initially proposed for consideration are the West Shuttle and the University Avenue/Stanford Shopping Center route. We have evaluated these potential services based on information provided by the City of Palo Alto and the City’s shuttle operator, MV Transportation. We have also considered how the Embarcadero shuttle route might serve satellite parking west of Highway 101. A map of the proposed routes is provided in Figure 6 below. WEST SHUTTLE The West Shuttle is a proposed route that would connect South Palo Alto, California Avenue, Paly High School, Town and County Village, the Palo Alto Medical Center, Palo Alto Caltrain Station, University Avenue, and Stanford Shopping Center via El Camino Real and East Meadow Drive. The City is also interested in partnering with Google to extend the route to the Google Campus - North Bayshore Business Park (route variation discussed below) and utilizes the same buses for the local route and route extension. The route would complement the existing Crosstown shuttle by providing mobility to destinations along the El Camino Corridor and offer transfer opportunities to Crosstown at the Palo Alto Caltrain Station and along Middlefield Road at Mitchell Library/Mitchell Park in South Palo Alto. The route would have two variations: • During the AM and PM peak periods, the service would provide express service to the Google Campus in Mountain View with limited stops along the local route. The express service would operate outbound (to the Google Campus from Palo Alto Caltrain Station) in the AM and inbound (from the Google Campus to Palo Alto Caltrain) in the PM. Google currently operates three AM and three PM shuttle runs from the Palo Alto Caltrain Station. The express service would replace the existing Google shuttle. • A morning school run would pick up students at four stops along Colorado Avenue and Cowper Street before expressing to Paly High School. 32 Oreg o n E x p y Embarcader o R d Mid d l e f i e l d R d Alm a S t 101 El Ca m i n o R e a l Foot h i l l E x p y Univ e r s i t y Av e Channing Ave E Mead o w D r Loma V e r d e A v e Aras t r a d e r o R d Loui s R d E Charl e s t o n R d N: \ P r o j e c t s \ 2 0 1 4 P r o j e c t s \ S F 1 4 - 0 7 5 4 _ P a l o _ A l t o _ S h u t t l e _ E v a l u a t i o n \ G r a p h i c s \ G I S \ M X D \ f i g 0 6 _ P r o p o s e d R o u t e s . m x d Proposed RoutesFigure 6 Existing Shuttle Routes Crosstown Shuttle Route East Palo Alto Shuttle Embarcadero Shuttle Activity Center High School or Middle School Shopping Districts Senior Center Palo A l t o C i t y L i m i t s Palo A l t o C i t y L i m i t s Library 101 0 0.5 10.25 Miles University/Stanford ShoppingCenter Trolley Proposed Shuttle Routes West Shuttle RouteShoreline Commuter Express Sh o r e l i n e B l v d 33 The sample schedule provided to Fehr & Peers includes 20 weekday runs and approximately 24 vehicle revenue hours with two buses in operation. The service structure includes three distinct operational periods over the daily service span: • Five AM peak period round trip runs with express in the southbound direction with one exception. A sixth run is a special school tripper and returns to Paly High School via Colorado Avenue. It is the first AM peak period run • Eight midday round trip runs • Five PM peak period round trip runs with express in the northbound direction. A sixth PM peak period run is southbound only. Service Analysis - Schedule The schedule indicates that the West Shuttle route (midday service) would average around 13 mph over its 12.7 mile round trip distance (not including the Google commuter express extension). The Express Route (addition to North Bayshore Business Park) would average around 15 mph in the AM peak period and 17 mph in the PM peak period for the 17.5 mile round trip distance. These average speeds include stops but not recovery time. The average speeds for the Crosstown and Embarcadero routes are currently 13 and 17 mph, respectively, in the peak periods. Table 6 is a composite schedule for the West Shuttle Route based off the schedule provided to Fehr & Peers by the City of Palo Alto, and prepared by MV Transportation. Preparing the schedule in the manner shown highlights isolated anomalies in terms of stop arrival/departure times. These should be reviewed with the operator, MV Transportation, and cleaned up during subsequent revisions and field tests. There is however three key observations we want to highlight in terms of observed schedule issues: 1. Travel time between Google Stop #4 and Charleston is two minutes in the AM peak and either one minute or negative time in the PM peak [Yellow highlight]. 2. It is unclear how the inbound stop at Palo Alto Caltrain Station in the AM peak is accommodated in the schedule [Orange highlight]. 3. Travel time between Loral and Charleston is zero minutes or negative time in the midday [Green highlight]. 34 Table 6- Composite Schedule of West Shuttle (initially prepared by MV Transportation) 35 Service Analysis – Recovery Time The proposed schedule includes layover for two periods per bus per day: between the end of the morning peak and beginning of midday period and between the end of the midday period and start of the evening peak period. With the exception of nine minutes of recovery time during midday operation between the Loral and Charleston stops for four of the eight runs and what appears to be two to six minutes of recovery time in the PM peak period between stopping at the Palo Alto Caltrain station and Sand Hill/Arboretum it is difficult to infer other recovery time allotments from the provided schedule. Recovery time should be built into the schedule to account for unforeseen traffic congestion or extended boarding times, such as with a wheelchair. Without recovery time, buses may run late, jeopardizing the ability to begin the next run at the scheduled time. Service Analysis – Headways In the AM peak period, headways are 35 minutes, vary between 20, 30, and 40 minutes in the midday, and vary between 25 and 40 minutes in the PM peak period. While varying headways during specific time periods can create confusion for customers, the schedule analysis indicates that certain runs are achieving round trip run times with infeasible stop-to-stop travel times and little to no recovery time. See the service changes section for a more in depth look at recommendations to harmonize schedule and achieve a potentially more realistic round trip run time that includes recovery. Interface with Caltrain The alignment of service with morning Caltrain departures is shown in Table 7. The morning westbound service does not deliver a run to the Caltrain station before 8:50 AM. Onward journeys to San Francisco or San Jose could take an additional 40-minutes, which would mean that the earliest people could arrive at these destinations is after 9:30 AM, which is typically at the very end of the AM peak period. Also, proposed service does not allow transfers to any northbound Baby Bullet trains, the latest of which departs the station at 8:23 AM. The service does not appear to be well-timed as a last-mile service to meet AM trains (especially considering the express eastbound route to the North Bayshore Business Park). Of the Baby Bullet trains, seven of the nine transfers to the shuttle would last at least ten minutes. One of the most popular southbound trains, the 7:51 Baby Bullet requires a 24 minute wait. 36 Table 7 - Proposed West Shuttle AM Interface with Caltrain 37 The alignment of service with morning Caltrain departures is shown in Table 8. The service aligns well with the NB and SB Baby Bullet services at 6:06 PM and 6:12 PM, respectively, although a slightly longer buffer for the 6:06 service is recommended. There are seven Baby Bullet runs for which someone transferring onto them from the most recent West Shuttle would need to wait longer than 10 minutes (out of eight total served). There are five Baby Bullet runs for which someone transferring from them to the next available West Shuttle would need to wait longer than 10 minutes (out of eight total served). The schedule could be modified to reduce some of these wait times. UNIVERSITY/STANFORD SHOPPING CENTER TROLLEY The University Avenue/Stanford Shopping Center Shuttle would operate an open air, trolley-like vehicle that connects the University Avenue Downtown Business District with the Stanford Shopping Center. It is envisioned by the City as a summer-only service (June through August). While a sample schedule is not provided, however it is planned to operate between 11 AM and 1:30 PM on weekdays. The proposed service span (midday weekdays) indicates that the target market are lunch trips from downtown to Stanford Shopping Center and vice versa. The proposed route has a round-trip length of 4.1 miles. At an average speed of 14 mph it would take around 18 minutes for a round-trip. The City’s RFP for Palo Alto Shuttle Program Extended Service shows 2.5 service hours per day on this route which would indicate a single bus in operation with approximate 20 minute headways (including recovery). The route could also operate at 10 minute headways with two buses in operation. If headways are closer to 20 minutes, this could deter customers who would prefer not to rely on the schedule (an average wait time of over ten minutes is a large deterrent to choice riders using transit) and consulting the schedule for infrequent trips, such as shopping or lunch, is inconvenient. If average trip time is around 10 minutes, when factoring in wait and walk time from origin and to destination the total combined trip time could be in the range of 20 to 30 minutes per direction. Considering most lunch hours are around one hour in length, this likely trip time would likely be a deterrent to choice riders or those with time constraints. 38 Table 8 - Proposed West Shuttle PM Interface with Caltrain 39 RECOMMENDED CURRENT AND PROPOSED SERVICE CHANGES Having reviewed existing conditions and applied various metrics, a number of service improvements are proposed. The proposed service improvements seek to strengthen the strongest sections of the system and improve upon the efficiency of the system while better serving existing and anticipated customers. The proposed service changes are listed below by route. Service Elasticities Recent Fehr & Peers research1 suggests that the elasticity of ridership with respect to frequency is around 40 percent. This means that a doubling of transit frequency would be expected to yield around a 40 percent increase in ridership. The increase in service quality would attract more riders. In fact, the research found that the elasticity is greater when the original service frequency is lower. For service where the original service frequency is greater than 50 minutes, the elasticity was found to be -0.58, implying that a doubling in frequency would result in a 58 percent increase in ridership. The Crosstown route currently has hourly frequency, and a doubling in frequency could be expected to increase ridership by around 60 percent. However, this would come at a cost of double the route operating costs. For the Embarcadero route, because existing frequency is higher, the elasticity is lower (i.e. around 40 percent), and so a doubling of frequency would lead to proportionally lower ridership gain. CROSSTOWN ROUTE (EXISTING) The provision of stop-level data would allow for a more nuanced discussion of areas where the route alignment could be tweaked, but a high-level review of the routing indicates that the route adequately serves its intended destinations. Therefore, no route modifications are recommended. The Crosstown route has consistently moderate (in terms of boardings per service hour) productivity throughout the day. The run-level data does not suggest that any particular service should be discontinued. The service peaks in the midday period, which suggests that it is particularly popular amongst seniors or other individuals with midday mobility needs. We propose testing a doubling of the service frequency between the hours of 10 AM and 3 PM to provide an enhanced service for those users in this time period. Frequency would be improved 1 Fehr & Peers. 2012. Transit Service Changes and Ridership Elasticities Literature Review. Memo to SFMTA and San Francisco Planning Department. June 20, 2012. 40 from 60 minute headways to 30-minute headways in this time period, which would decrease the constraints posed by the schedule to patrons. Based on research on ridership elasticity presented earlier in this report, we anticipate that this change would increase ridership in this time period by around 40 percent, which would be a total increase of around 60 riders per day. Because ridership is so high on the first complete run of the day (7:40 AM), this suggests that there may be significant latent demand for this service prior to this time. We recommend testing the addition of service prior to 7:40 AM, from 6:30 AM onwards, to try to capture this demand. Because the demand is high on the 7:40 AM and 3:05 PM runs, which are ten minutes each prior to the next runs, we recommend that an additional run be added perhaps ten or fifteen minutes prior to these runs to capture some of the demand and reduce crowding. EMBARCADERO ROUTE (EXISTING) The provision of stop-level data would allow for a more nuanced discussion of areas where the route alignment could be tweaked, but a high-level review of the routing indicates that the route adequately serves the intended destinations. The directness of the route is a virtuous feature such that it couples the benefits of a more legible service with few time-consuming deviations. No route modifications are recommended. The Embarcadero route has similar productivity to the Crosstown route, as shown in Table 5 (in the section on performance measures). There is currently no service between 10 AM and 3 PM. Because the focus of the route and its riders are probably commuters (although no stop-level data or survey data exists to confirm), additionally midday service may not maintain productivity levels seen in the AM and PM peaks. While we do not think that midday service is compelling for this route given the limited data supplied, service (perhaps at 30 or 60 minute headways) could be introduced on an experimental basis to determine this. Satellite Parking Lot A satellite parking lot to serve downtown is proposed along Embarcadero Road in between Embarcadero Way and Faber Place east of US 101. This proposed lot would contain approximately 132 spaces. Because all but five runs during the day have ridership of less than 10 persons, and because the seating capacity of the shuttle is 30, there is currently adequate spare capacity on the shuttles to serve the expected increase in ridership. In the AM period, the spare capacity is around 150 seats (per direction), and in the PM period it is around 200 seats (per direction). Conservatively assuming that all patrons of the lot are single-occupancy, and that most would then use the shuttle, the service would still have enough spare capacity to handle this extra 41 patronage. With capacity confirmed, we now turn our attention to frequency. Morning and afternoon/evening headways average 10-20 minutes and are designed to meet the needs of Caltrain patrons. Due to the finite number of spaces at the satellite parking lot, improving service frequency would not result in improved ridership. Therefore, we do not recommend adding additional service on the Embarcadero Route to accommodate the expected demand generated by the satellite parking lot. WEST SHUTTLE ROUTE (PROPOSED) We find the proposed West Shuttle route alignment to follow the ideal routing so as to connect the Caltrain station, downtown Palo Alto, residential areas of South Palo Alto and the Google campus in Mountain View. There are no alignment modifications that we would recommend. While the El Camino segment of the West Shuttle route duplicates VTA Routes 22/522 service, the route would provide a one seat ride from South Palo Alto to the shopping, business, and health care districts along El Camino Real. In comparison, a transfer from VTA Route 88 or 104 to its El Camino service would be required. With hourly headways on Route 88 and only a handful of trips on Route 104 daily, the infrequency of service and transfer requirement would all but discourage any transit use between South Palo Alto and the El Camino Corridor (even considering the high service frequencies on El Camino provided by VTA Routes 22/522 which can be upwards of 10 buses per hour per direction). The one seat ride provided by the West Shuttle could be an important tool for intracity transit mobility and result in similar productivity to the Crosstown Route. While the redundancy to VTA Routes 22/522 is noted, the cost to ride the West Shuttle route would be free, which could also capture casual users of transit along El Camino who do not make the trip on VTA due to its cost. Improve Caltrain Connections for the Express Routes In order for the shuttle to be an attractive last mile solution in the AM from Caltrain and first mile solution in the PM to Caltrain, the schedule should be revised to better meet limited and Baby Bullet Service. Long wait times will discourage ridership and shift Google (and potentially other tech employees in the North Bayshore Business Park to seek alternate travel modes such as the intercity commuter shuttles. 42 Improve Caltrain Connections for Residents The morning westbound service does not deliver a run to the Caltrain station before 8:50 AM. Given that an onward journey to San Francisco or San Jose could take an additional 40 minutes, this does not provide an adequate first-mile service for Palo Alto residents. We recommend that westbound service begin earlier to provide connections to the 7:51 AM southbound Baby Bullet and the 8:05 northbound Baby Bullet services. Introducing this service as an experimental measure would allow the City to better understand residential commuter demand for first/last mile service and tailor a service to support that. Schedule/Travel Time Revisions We recommend that the schedule be amended such that the headways are harmonized. The proposed schedule offers a wide variety of headways during the day, from as little as 20 minutes to upwards of 40 minutes. This can serve to disorient the user and make the service less legible, but more importantly, due to the lack of recovery time and inconsistencies found in the stop-to- stop travel times, the estimated round trip run time for the West Shuttle may be unachievable or only achievable under ideal circumstances. Increasing headways to 40 minutes for all runs allows for an 80 minute round trip travel time plus recovery time. If budget allocated for alternative transportation allows, we recommend consideration of a third bus and 30 minute headways throughout the day. This would allow for a 90 minute round trip travel time plus recovery time for each run. UNIVERSITY/STANFORD SHOPPING CENTER TROLLEY (PROPOSED) If one bus is operated on this route we would expect headways to average 20 minutes. In order to make this service attractive to employees in downtown, Stanford Shopping Center, and Stanford University/Hospital we recommend that the service operates with two vehicles at a combined average headway of around ten minutes based on the current route structure. We are cognizant of the cost implications of operating two buses on this route; however the total travel time (walk, wait, in-bus) experienced by customers when operating at 20 minute headways is likely to result in lower than anticipated ridership. Reductions in round trip route length by 25% and 50% would result in 15 and 10 minute headways, respectively. If the desired destinations can be served with a 2-mile round trip, this would obviate the need for an additional bus to serve this route and the service would achieve a far more desirable 10 minute frequency. 43 The service is proposed for summertime, which is an appropriate part of the year for an open-air service. However, the maximum ridership gains would be likely during the holiday shopping period in late November and December. By targeting retail customers, the service would provide mobility to shoppers who choose to “park once” either at downtown or Stanford Shopping Center and then take the trolley to and from the other shopping district without ever moving their car. Aside from reducing driver stress, if successful, a holiday shopping service would improve parking availability, decrease traffic congestion, and lower greenhouse gas emissions. We therefore recommend that the service also be tested during one or more of the following time periods during the holiday season (late November through late December): 1. Weekday midday 2. Weekday evenings 3. Weekend midday At this time of year (late November through late December), an open-air service may not be appropriate and the vehicles could need to be regular shuttles. NEXT STEPS In this study, the current and proposed Palo Alto shuttle routes have been reviewed. Recommendations have been offered based on the available data. However, the limitations of the data are reflected in the breadth of recommendations that are able to be made. Run-level data has been valuable to inform understanding of how ridership fluctuates throughout the day. Stop- level data, however, would allow for a more detailed analysis of the effectiveness of the chosen alignment, stop positioning, and the productivity of each stop. Further still, a survey of riders would yield important information on which needs are well-served and which service improvements should be prioritized. The collection of more detailed data could serve to strengthen some of the conclusions of this study and provide for a more thorough set of recommendations for future improvements to the system. This concludes our Palo Alto service evaluation. If you have any questions or comments, please contact Steve Crosley or Andy Kosinski at (415) 348-0300. 44 Palo Alto Shuttle On-Board Survey City of Palo Alto would like your input on existing Shuttle program to help us serve you better. Please take a few moments to complete this survey and return it to the surveyor on the bus. Thank you! About the trip and shuttle program: 1. Where did you BEGIN this trip? a. Address or Nearest Intersection ___________________________ b. What is this starting point? sonal errand 2. Where will you END this trip? a. Address or Nearest Intersection____________________________ b. What is this destination? 3. How long did you wait for this shuttle to arrive? Less than 5 minutes 5-10 minutes 11-15 minutes 16-20 minutes More than 20 minutes 4. Is your trip today part of a round trip on the bus? 5. How did you get from your starting point to this Shuttle? (check all that apply) □ Walked all the way □ Drove alone and parked □ Biked □ Carpooled / Dropped off □ Transferred from bus/rail □ Other (specify) 6. How will you get to your final destination after you exit this vehicle? (check all that apply) □ Walk all the way □ Drive alone and park ATTACHMENT B 45 □ Bike □ Carpool / Picked Up □ Transfer to bus/rail □ Other (specify) 7. Did you transfer FROM another transit route to this one? □ No □ Yes □ VTA Route or #: □ Caltrain □ BART □ Other (specify) □ Stanford Marguerite □ Samtrans □ Other City Shuttle (specify) □ Other (specify) 8. Will you transfer TO another transit route after getting off this vehicle? □ No □ Yes □ VTA Route or #: □ Caltrain □ BART □ Other (specify) □ Stanford Marguerite □ Samtrans □ Other City Shuttle (specify) □ Other (specify) 9. On this trip today, did you use a: □ Bicycle □ Stroller □ Wheelchair/Scooter (for the disabled) □ None of the above 10. Please rate the following features of City’s Shuttle services on a 5-point scale. (5=Excellent is the highest rating; 1=Poor is the lowest rating.) a. Frequency of service 5 4 3 2 1 b. On-time performance 5 4 3 2 1 c. Personal security/safety 5 4 3 2 1 d. Vehicle cleanliness 5 4 3 2 1 e. Quality of stops/stations 5 4 3 2 1 f. Overall Experience 5 4 3 2 1 g. Courteous drivers 5 4 3 2 1 11. How long have you been using City’s Shuttle services? 46 12. How often do you typically ride City Shuttle? - 5 days/week - 3 times/month - 3 days/week than once a month About you: 13. Are you 14. Race/Ethnicity (Check all that apply) ___________________ 15. Age: Please check one 12 or younger 13-17 18-24 25-34 35-49 50-64 65 and above 16. Annual Household Income - $99,999 - $24,999 - $149,999 - $34,999 - $199,999 - $49,999 17. How many people live in your household (including yourself)? 18. Do you own or have access to a vehicle? If yes, how many? 19. Where do you live? Home ZIP Code ________________ 20. Why did you use City’s shuttle for this trip today? (check all that apply) □ Shuttle is faster □ Better use of time □ No car available today □ No driver’s license □ Too much traffic □ Too costly to park □ Difficult to park where I am going □ Because it’s free □ Better for environment □ Other (specify) Additional comments:______________________________________________________ ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________ 47 48 A T T A C H M E N T C 49 1 Planning and Transportation Commission 1 Draft Verbatim Minutes 2 August 10, 2013 3 4 5 EXCERPT 6 Shuttle Services: Study Session with the commission regarding the Palo Alto Shuttle Program. Staff7 will present the findings of an independent evaluation by Fehr & Peers Transportation Consultants of the8 shuttle program and present recommendations to improve existing routes and an assessment of9 proposed new shuttle routes. For more information contact transportation@cityofpaloalto.org10 11 Chair Michael: Can take their seats we’ll get on to the next item, which is a study session on regarding12 shuttle services and then let’s begin with staff report from Chief Transportation Official Jaime Rodriguez.13 14 Jaime Rodriguez, Chief Transportation Official: Good evening Chair Michael, Members of the Commission,15 my name is Jaime Rodriguez. I actually have the difficult job tonight of introducing the real speakers for16 the evening, Ruchika Aggarwal is one of our transportation engineers in our division and is the day to day17 manager of our Shuttle Program. She’ll be giving the majority of the presentation this evening. And with18 us here tonight is Steve Crosley. Steve is a Transportation Planner with a transportation firm called Fehr19 & Peers and Fehr & Peers conducted an independent analysis of our Shuttle Program for us and is the20 provided the tactical report that’s included within your packet this evening. So I’m going to hand it over21 to Ruchika to go through the presentation and Steve as well.22 23 Ruchika Aggarwal, Associate Engineer: Thanks Jaime. Good evening Chair Michael and Members of the24 Commission. I’m here to present the findings and the report from Fehr & Peers that evaluated the25 existing Shuttle Program and also presented the market demand and other possible expansions to the26 Shuttle Program.27 28 Today we will be discussing, we’ll start the discussion with background of the Shuttle Program. Right29 now we have three existing routes within the City of Palo Alto and East Palo Alto. So we’ll be discussing30 the background about those. Moving forward we’ll go ahead with the study that was conducted recently31 to help evaluate the program and the main features of the study were the existing condition analysis that32 was done by Fehr & Peers, the market assessment that was done based on the 2010 Census data, and it33 talks about areas that have the highest potential for transit ridership and the proposed recommendations34 based on the study and the market demand that we would be talking about.35 36 The two potential expansion to the program, the two routes are the West Shuttle Route and the37 University Avenue/Stanford Shopping Center Trolley Route, which we would be talking a little bit more in38 detail. One of the findings of the report was to conduct an onboard rider survey that the City lacks39 currently. We’ve had the Shuttle Program in existence for a while, but have not had a chance to collect40 detailed data. So staff has developed some questions, draft questions and would like to get input from41 the Commissioners and members of the public on those questions. And then finally the next steps, what42 would be the next steps for this program to move forward.43 44 The Crosstown Route has been in operation since 1999. It is 100 percent funded by the City. It provides45 a north and south connection within the Palo Alto and it connects several popular destinations including46 the Mitchell Park Library and the Community Center, the Art Center, the Main Library, Midtown Shopping47 Center, Downtown Shopping Center, the Downtown Train Station, and schools like the Jane Lathrop48 Stanford Middle School (JLS) and Jordan, the two schools. It operates only weekdays: Monday through49 Friday, although we do have a special school service that operates during the times when schools are in50 session according to the Palo Alto Unified School District’s (PAUSD) calendar.51 52 Embarcadero Route is a joint collaboration with Peninsula Corridor Joint Powers Board (JPB). It is a part53 of the Caltrain Commuter Program and it is heavily subsidized by the JPB. They pay 75 percent of the54 ATTACHMENT C 2 operating cost to run the shuttle and the City pays the remainder 25 percent of that cost. It operates 1 only during the peak periods of the day and Monday through Friday except for some certain holidays. It 2 connects the businesses along east of 101 the Downtown, Palo Alto Downtown Caltrain Station. 3 4 The East Palo Alto Route is the newest addition to the Shuttle Program. The City partnered with City of 5 East Palo Alto earlier this year and began operating this particular route from July 1, 2014. It is 100 6 percent funded by the City of East Palo Alto, but is managed and operated through the City of Palo Alto. 7 This is the only shuttle route that operates seven days a week and it connects the Caltrain Station to the 8 Woodland Residential Community in the East Palo Alto neighborhood. 9 10 The existing condition analysis from the report as conducted by Fehr & Peers it shows that the Crosstown 11 Route is very popular. It’s an effective route and it has a strong demand for service from the community. 12 It operates as a community shuttle and the current headway rate is approximately one hour except for 13 during the times when we are running the special school commute service. And boardings per revenue 14 mile is a performance measure that was used to calculate how effective it is, the utilization of the shuttle. 15 And just to give a comparison the Santa Clara Valley Transportation Authority’s (VTA) bus system 16 average is about 2.2 and the Crosstown is 2.8. So that shows a very good utilization and highly utilized 17 service. 18 19 Embarcadero Route operates as a first/last mile shuttle service in Palo Alto City. It is a direct route and 20 the main purpose of the route, main purpose of the shuttle is to provide the last mile connection for the 21 employers, for the employees who are in the east of Highway 101 business areas connecting them to the 22 Caltrain Station. This route is coordinated with the Caltrain schedule and they’re offering it as a first and 23 last mile shuttle connection. And the boardings per mile is 1.4 even though the frequency is about 15 to 24 20 minutes headway and it does not operate during the day, the midday from about 10:00 a.m. to 3:00 25 p.m. The Embarcadero Route also has a special Jordan run that caters to the school, school bell timings. 26 27 For the East Palo Alto Route since it’s the newest addition we did not have any data during the analysis 28 period. So that was not included as a part of the analysis. With this I’m going to hand it over to Steve 29 Crosley so he can talk about the market assessment and the market demand for the report. Thank you. 30 31 Steve Crosley, Fehr & Peers: Good evening Commissioners. I’m going to go into a couple pieces of the 32 report that we are, that is attached to the staff report tonight. I’m also happy to answer any additional 33 questions that you may have regarding any of the quantitative or qualitative analysis that was conducted 34 for this service analysis and that’s something that we really pride ourselves on as a transit service 35 analysis and took a really critical look both at existing proposed routing. 36 37 One of the areas to look at as far as whether the service is providing utility for individuals who are most 38 likely to use transit is an area that we developed called the Transit Likelihood Index and that’s using the 39 Environmental Protection Agency (EPA) Smart Location Database. There’s a whole host of variables from 40 the, from Census data that we’re able to combine and analyze and show through Geographic Information 41 System (GIS) mapping and what you have up there right now is the market assessment that we 42 conducted looking at five, sorry six separate variables. One is the senior population, one is a youth 43 population, one is zero car households and so that could be an indicator of transit demand for those who 44 are transit dependent or those who choose to not own cars or cannot drive cars. We also included 45 population density and employment density since we know that the higher density areas such as 46 Downtown San Francisco, Downtown Palo Alto, Downtown San Jose are more, have a higher propensity 47 to use transit. And finally we also included intersection density. And that’s an indication of people 48 walking and biking and using alternative modes. So areas that have a more dense use of intersections 49 and closer street spacing is also indicator. And so that’s the composite that you see up there today is 50 probably no surprise that the downtown Palo Alto/Stanford University area, Midtown, California Avenue, 51 and up towards Arastradero and Gunn High School as well as South Palo Alto are higher transit likelihood 52 than the rest of the City, which is areas such as single family dwelling units. 53 54 There is another map that’s in your staff report that we don’t have up here today that just looks at senior 55 population and that’s also an indicator. Again, we can kind of skin this cat a whole bunch of different 56 3 ways, but this was we determined for Palo Alto in this unique context to be an indicator of transit 1 likelihood and we took those routes that are existing and also we looked at the routes that are proposed 2 and to see if those routes would serve these areas that have high transit likelihood. 3 4 The recommendations that came out of the study there are actually a number in there and we submitted 5 recommendations and it was up to City staff to determine which of those were both were feasible both 6 financially and operationally. And for the Crosstown Route we found that the route itself has very strong 7 demand throughout the entire day. And there is also very strong midday demand. There obviously the 8 school runs have high ridership, but we also found that a couple of the other runs that are not specifically 9 school runs also had very high ridership on the fringes of those school runs. So we did propose in our 10 report to test an increase of the frequency during the midday period, which would provide increased 11 mobility to seniors and other individuals who choose not to drive and want to access the different key 12 destinations along the Crosstown Route. Another area that we looked at was providing better service 13 that would coordinate better with Caltrain, potentially adding some runs, but the 30 minute service 14 during the midday period would provide the additional mobility. 15 16 We did include in the report some information on service elasticity and that is when you increase service 17 frequency or decrease service frequency how much you would expect the ridership to increase. And the 18 literature that we reviewed and this is from the Transit Capacity Research Manual shows that we would 19 expect somewhere between a 40 percent or a 60 percent increase in ridership by doubling the service 20 frequency. So the elasticity is roughly .5 between .4 and .6, so if we increase service by 100 percent 21 essentially going from a 60 minute service frequency to a 30 minute service frequency you would expect 22 a commensurate increase in ridership. Not 100 percent increase in ridership, but in the 40 to 60 percent 23 range. 24 25 We also took a look at the route itself and concluded that Ruchika and her staff have very adequately 26 addressed the key destinations along that route both looking at schools, looking at senior populations, 27 looking at libraries. It serves Mitchell Park Library as well as the Main Library and goes into Downtown 28 and serves Caltrain. That route itself does serve those populations quite well. We wouldn’t recommend 29 any changes to the route itself, but looking at modifying service frequencies to enhance mobility and 30 improve ridership along that route. 31 32 For the Embarcadero Shuttle there were no changes that were recommended at this time. Wanted to 33 take a moment to talk about the satellite parking lot that is potentially going to be created in the East 34 Bayshore Area and we did find that there’s some bidirectional it’s a last mile service in the morning from 35 Caltrain, but we did find that there is demand as a first mile service as well coming up Embarcadero 36 through the old Palo Alto and two Caltrain stations. So there actually is a bidirectional demand along that 37 route. As far as the Embarcadero satellite parking lot I believe there’s something in the range of 130 38 parking spaces proposed along there. We did a capacity analysis and determined that the seated 39 capacity on the shuttle itself on the different runs that are provided throughout the morning and the 40 afternoon period that the City would not need to increase the number of buses. So it would not need to 41 increase the number, the cost to the City or to JPB to adequately serve that population that would be 42 parking at the satellite parking facility. The service is provided between 15 and 20 minute headways, 43 which is fairly frequent. Obviously much more frequent than the crosstown service and so we feel that at 44 this time, obviously actual implementation could prove different, but at this time based upon the 45 information that we have we feel that the cross, sorry, the Embarcadero service could adequately serve 46 that satellite parking lot without increasing the number of buses in operation. 47 48 The East Palo Alto Shuttle the data is still coming in on that. Again it is funded by East Palo Alto and 49 operated here by the City of Palo Alto. Obviously more data once the ridership information comes in and 50 once a survey is conducted can determine if any additional changes are needed to that route, but right 51 now it looks like the route is operating effectively and I think further data would prove if there’s any 52 changes needed. 53 54 The west and now looking into the two proposed routes we took a very critical look at the West Shuttle. 55 Had a lot of conversations with City staff on the purpose of the West Shuttle, the coordination with 56 4 potentially the tech sector in Mountain View as well as the need of Palo Alto residents, and we did an 1 analysis I believe I’m seeing in front of me right here analysis of the schedule. Found some anomalies, 2 but that would easily be figured out when MV Transportation starts further optimizing their schedule and 3 so we have some recommendations in there just to make sure there’s enough recovery time to satisfy the 4 headways that are being proposed for this route, but also just the purpose of the route itself in providing 5 an express service in the morning from Palo Alto to Mountain View to the Google campus area, but also 6 providing a local service back into Palo Alto and then the reverse in the p.m. and understanding that the 7 outreach that was done in 2011 looking at South Palo Alto and looking at the needs of the residents there 8 including the senior community the West Shuttle route would provide a very direct service from South 9 Palo Alto down along the El Camino corridor to the different destinations along El Camino including the 10 Palo Alto Medical Facility (PAMF), Stanford Shopping Center, and Caltrain. And again we took a critical 11 look at the routing itself and found that it really does serve the populations that are currently not being 12 served by crosstown, but in addition to the crosstown population it provides a direct connection between 13 South Palo Alto and the El Camino corridor and Downtown Palo Alto. 14 15 The University Avenue Stanford Shopping Center Trolley that was one that we took a look at as far as 16 headway and number of buses in operation. We took a look at the route. Our experience with lunchtime 17 shopping and dining shuttles is that due to the amount of time that an individual has for lunch we were 18 looking at a lower or a better service frequency than the 20 minutes that was proposed by the City. We 19 were recommending a 10 minute service frequency. We were thinking about the indication of if you have 20 to if you have a 20 minute service frequency, which was the original proposal you had to maybe wait a 21 few minutes for that bus and walk a few minutes to your destination either to or from the bus to your 22 destination. That could up taking up most of your lunch hour. So we actually ended up recommending a 23 service that would either be two buses operating at 10 minute headways or shortening the route itself to 24 allow that single bus keeping the costs the same and allowing that to operate at a 10 minute headway, 25 which would greatly reduce the overall time, the walking time, the wait time, and the travel time for that 26 individual and provide a much more practical use for that shuttle during the lunchtime. 27 28 Another area that we looked at and this was based upon the experience that we have with shopping type 29 shuttles was to also consider operating the shuttle during the holiday period allowing individuals who are 30 shopping at Stanford Shopping Center to park once and then travel to University and shop there and 31 back as opposed to having to get into their car and park twice. Just heard a discussion about the 32 residential permit parking district down here and how impacted the parking is and that could potentially 33 alleviate some of the parking shortages especially that occur during the holiday period. So that’s another 34 recommendation we looked at was also looking at a potential for a trial run during the holiday period as 35 well. 36 37 And with that that concludes the summary of the analysis that we did both on existing and proposed 38 conditions. There’s definitely a lot more information in the staff report, but I also wanted to open that up 39 for any questions that you may have. And I’m very happy to answer any questions and obviously very 40 happy to be here tonight. Oh, I have another… I had another slide up there which was the routes 41 themselves. I know you had that in your draft packet and Ruchika can take over for me from here. 42 43 Ms. Aggarwal: Thank you, Steve. So here the next slide that you see this is the route map that the City 44 had during the Request For Proposal (RFP) process earlier this year. The maps, the routes that you see 45 in blue that’s the current Embarcadero Shuttle Route and the solid green is the existing Crosstown Route. 46 The one in yellow is what we proposed at the time and is in operation now as the East Palo Alto Route. 47 The majority of the discussion that we’re having today about the West Shuttle Route is highlighted in the 48 red and as Steve mentioned it’s proposed to operate as a commuter shuttle express during the peak 49 periods in the morning and in the afternoons and as a community shuttle during the hours of about 50 10:00 to 3:00 during the midday hours. And the extension of the route that’s highlighted in the orange is 51 the one that would lead to the Shoreline Business Park during the peak periods. The other route that’s 52 highlighted kind of in brown is the proposed East Bay Route that the City had included in the RFP, but we 53 did not receive any bids so staff at this time is not recommending implementing or adding that route to 54 this, to the shuttle system. 55 56 5 Talking a little bit about the survey with the packet you guys received a draft questions about the survey. 1 Staff realized that that was a little bit of a lengthy survey with 20 questions so we’ve revised in the last 2 couple of days and the one that was kept at places this evening is a shortened version of the onboard 3 riders survey. The idea, the main characteristics of the survey is to gather information about the rider 4 and about the purpose of the trip and what is their experience of the shuttle service so far and how can 5 the City improve upon that. Along with the questions we would also provide an opportunity for the rider 6 to provide any additional comments or concerns or complaints and primarily we would have the survey in 7 a hard copy format just because you are targeting people who are already using the existing Shuttle 8 Program. So the idea is to board the busses and hand over the shuttle and have the riders fill out the 9 survey while the survey or while the staff is in City, in the shuttle, I’m sorry. So staff is looking for some 10 feedback from the Commissioners and from members of the public about the survey as well. 11 12 The next steps for this is we do plan to conduct the survey in the next coming weeks. We’ll have it open 13 until the end of October and have the analysis or have the information recorded and analyze the 14 information received during the survey and present the findings of this report and the survey to City 15 Council at some time in November. That concludes the presentation and staff is happy to hear your 16 comments or answer any questions. Thank you. 17 18 Chair Michael: So thank you very much for the presentation and for your work on this. Before we bring 19 this back to the Commission for questions and comments let’s open the public hearing and I think Vice-20 Chair Keller has some people here tonight who have submitted speaker cards. 21 22 Vice-Chair Keller: Yes, we have so far three speakers and it’s a little hard to read this, but I think it’s Jo 23 what? Jaros, thank you. You’ll have three minutes to be followed by Alice McGrath. Sure. 24 25 Jo Jaros: Hello, I am, we’re pleased to be able to address you Commissioners. I’m Jo Jaros, I’m a 26 licensed clinical social worker and I’m Supervisor of Social Services at Vista Center for the Blind and 27 Visually Impaired in Palo Alto. Our agency is a nonprofit that’s been in Palo Alto for 80 years under many 28 different names starting with the Palo Alto Society for the Blind. We serve about 2,500 clients a year and 29 our goal is to help them to become independent when they are living with vision loss and blindness, to 30 help them to be safe, and also to help them have the best quality of life and hopefully to even get 31 employed. And we have done that with a number of clients at our center. 32 33 Our block is being torn down in a couple of months. We are at 2470 El Camino right now between Page 34 Mill and California and we will be having to move temporarily for several years to the Stanford Research 35 Park and we’ll be at 3200 Hill View Avenue at the corner of Porter and Hill View. Our boxes are packing 36 and we’re leaving on Friday and everything was looking hunky dory and Sharon, two people behind me 37 here, had trained all of our support group clients, all of the other clients from various classes that wanted 38 to get to our new center to ride the V Line that the Marguerite had at California Avenue and El Camino, 39 but unfortunately we discovered last Friday or Thursday that the V Line has been discontinued. So right 40 at the moment the transportation that exists is all during commute hours only. There is a five hour gap 41 there, but we have a lot of people who come to support groups and classes during the day and would be 42 marooned at our new center. And we had, everybody had, we had loaded buses with 20 clients, Spanish 43 speaking support group and we have seniors in our support group who take the buses because we train 44 them to do that and we also had about 10 or 15 I guess 15 people from our Spanish speaking support 45 group were all going to take buses and get over on the V Line. 46 47 So we’re in a quandary at the moment and we’re trying to figure out if there’s any way that the Palo Alto 48 shuttle could help us to ferry people between California Avenue and El Camino and our destination, which 49 is 3200 Hill View, which is only about a three minute drive and kind of on the, it’s not on El Camino, but 50 it’s… our staff will talk to where there might be a jog that you could take to help our clients out because 51 they come and go all day long. They use our store, they come to our low vision clinic, they come for 52 individual counseling, they come for computer classes, they come for support groups, nutrition classes, 53 and training on using the cane and learning to be safe and independent walking and for all kinds of 54 classes. So thank you. 55 56 6 Alice McGrath: Good evening, my name is Alice McGrath and thank you for the opportunity to speak with 1 you today. As Jo Jaros mentioned really what we are seeking input on and assistance is to be able to 2 look to the Palo Alto Shuttle to assist us with that period of time between 10:00 a.m. and 3:00 p.m. and 3 for the most part that is the majority of our operating hours for which we serve our clients. The 4 commute hours in the morning we do have several employees who are blind who work at our agency and 5 who also volunteer regularly. We can kind of work it out in the fact that there are other commute hours 6 that are being served by another shuttle through the Marguerite, but it is that period of time for which 7 when we are working and serving our clients that once an individual comes to our agency there is no way 8 for them to leave during that period of time. 9 10 It’s dramatic in the fact that we are going to be over in this new location for two plus years. And what 11 that means is that as an agency for the blind and I was listening to the report and we were talking about 12 individuals who need and require public transportation and I would say that the disabled population, I 13 heard seniors and I didn’t hear disabled, but maybe it was embedded in the written information and I 14 didn’t have access to that. But this is a population that not only needs public transportation, but requires 15 it. So we are looking here for assistance for that route during that period of time for even if it is three or 16 four times during that period. We were be better served not only for our employees, but then also for 17 the clients for which we serve. Thank you very much. 18 19 Vice-Chair Keller: Our next speaker is Sharon Hudson. 20 21 Sharon Hudson: I’m an orientation mobility instructor and I am someone who does teach people to take 22 buses to get around to be independent. And unfortunately I trained about 50 people how to take the bus 23 from California and El Camino over to the new site to only find out two weeks ago the route got canceled 24 by the Marguerite. So I am hoping, we are sort of pleading to you to look to you to help us and I was 25 looking at the route that you have and I was wondering if there just could be a loop up you go along El 26 Camino if you could just go up Page Mill, loop around Hanover or Porter, Hanover and come back down it 27 would only be about two miles, a two mile loop and shouldn’t take that much out of your route and it 28 would make a tremendous difference to our clients. And we serve about 2,500. Not all in this one site, 29 but we serve 2,500 people a year and a lot of them do need to get to the Palo Alto office. So I would like 30 you to consider that and I’m just laying that before you. Thank you. 31 32 Chair Michael: I think Vice-Chair Keller has a question for one of the speakers. 33 34 Vice-Chair Keller: Yes, now I understand that the 89 bus which goes near there only runs in the morning 35 from Caltrain to near there and then on the reverse direction in the for the late afternoon commute. And 36 so one of the things I’m wondering is do you have an idea of how many people per day are being 37 served? I’m wondering whether there is something that the VTA could do to provide service there. I’m 38 not sure. 39 40 Ms. Hudson: We haven’t, we’re approaching different avenues and since this just came up just last week 41 we’re approaching VTA, we’re approaching you, we’re approaching the US Department of Veterans Affairs 42 (VA) Hospital that has a shuttle that runs from the VA Hospital in Palo Alto to the VA Hospital in Menlo 43 Park. But it’s right now we have no way of getting people during between 10:00 and 3:00 basically 44 people are trapped. And I noticed in your study you had the V Line in there and unfortunately it has 45 discontinued, but if you wish to make sure you’re serving people who cannot drive this is definitely a 46 population that needs public transportation. 47 48 Vice-Chair Keller: And have we also approached Stanford with respect to whether they are willing to 49 continue the V Shuttle while this is going on? 50 51 Ms. Hudson: They are not. We were approached. The funding for that was through Stanford Hospital 52 and Stanford Hospital does not wish to continue funding that. They are changing their funding from a 53 shuttle from Stanford Hospital directly to the VA Hospital, but that’s along Foothill Expressway so it does 54 not come along the El Camino or connect with all the other bus routes. 55 56 7 Vice-Chair Keller: Thank you. Good luck. 1 2 Ms. Hudson: Thank you. 3 4 Ms. McGrath: May I just answer? We figured at least 80 people a month, some of them daily and some 5 of them not daily; so nine of them are employees or volunteers that work in our center regularly. 6 7 Vice-Chair Keller: So how many people a day would you say? About 10, 20, 30? 8 9 Ms. McGrath: Well our store serves any number of people a day. And at least three or four walk into the 10 store. We have clinics, we have support groups, three or four support groups a… 15 and 20 a day she’s 11 guessing. 12 13 Vice-Chair Keller: Thank you. 14 15 Chair Michael: So thank you very much for your appearance tonight to sensitize us to a very important 16 issue and I see that the staff is taking careful note of that and hopefully you’ll get some satisfaction from 17 your work. Yes. 18 19 Ms. Hudson: Could I make one comment? They were going to put out a survey; do they have any way 20 of surveying the disabled? Because visual impaired are not going to be able to read their survey. So I 21 just want them to be a little conscious of that. 22 23 Chair Michael: So perhaps staff would like to make a comment. 24 25 Mr. Rodriguez: Thank you Chair Michael. As of right now we’re proposing with the survey depending on 26 your feedback is actually for it to be an onboard survey. We’re actually envisioning someone from the 27 City staff actually being on the shuttle asking people questions directly and taking down their responses 28 so in this particular case even though we don’t have it in braille or other form I think that we’ll be able to 29 provide audible questions and receive those verbally back. 30 31 Ms. Hudson: That’s great. Thank you. 32 33 Chair Michael: So if I can just follow up on that. One of the things that occurs to me could be a 34 challenge is to do a survey of people who didn’t make it onboard who need to use transit in some form, 35 but weren’t served by transit or couldn’t access transit so are you able to expand the survey to have 36 some data or estimate of people who would be in that category? 37 38 Mr. Rodriguez: Thank you Chair Michael. There’s definitely a lot of ways which we could distribute a 39 survey even as an online form as a Survey Monkey tool. We actually did attempt to try and get some of 40 that information as part of the citywide transportation survey we did about a year ago. You could recall 41 that we came to the Commission to solicit your input on the design of that survey and what we’ve 42 envisioned is trying to focus that citywide transportation survey every year in a different focus area. If 43 there’s a little more interest regarding on the Commission’s part on transit specific focused information 44 we plan on returning with a new version of that citywide transportation survey to you sometime later this 45 year and at that point we could develop some questions between now and then around that focus area 46 and that would be one method though which we could do it. 47 48 We had the same thought with this transportation survey. You know we try to be very broad in the 49 beginning in the report that went to you in your packet and again that was of about 20 questions. It’s a 50 long survey; it’s too long of a survey to expect for someone to answer questions for you on a shuttle so 51 we tried tapering that down. But again the same concept we could do broad the first year, the second 52 year we could try and change it and have a different audience, people that aren’t on the bus, but to try 53 and be efficient we want to get something moving forward right away and then adapt every year 54 depending on the interest. 55 56 8 Chair Michael: Ok, I bet the Commission has some questions or comments based on the report. 1 Commissioner Rosenblum. 2 3 Commissioner Rosenblum: Thank you for the report. My first question is pretty basic. What is the 4 incremental cost of the program that was proposed? I couldn’t find the breakdown or even just a, the 5 overall number. 6 7 Ms. Aggarwal: To increase the Crosstown Shuttle let me clarify if I understood this right. Are you asking 8 about what would be the increased cost in (interrupted) 9 10 Commissioner Rosenblum: Correct. 11 12 Ms. Aggarwal: Ok. So for Crosstown Shuttle we are expecting about $7,000 a month if we increase the 13 headway to 30 minutes between the hours of between 10:00 a.m. and 3:00 p.m. The West Shuttle route 14 the approximate cost to operating cost to operate two shuttles throughout the day was about $400,000 a 15 year. 16 17 Commissioner Rosenblum: Ok. And that includes presumably your purchasing additional shuttles? Is 18 that inclusive of all costs or just ongoing operational costs? 19 20 Ms. Aggarwal: The City doesn’t own the shuttles. We contract out the services. 21 22 Commissioner Rosenblum: I see. 23 24 Ms. Aggarwal: To operate the shuttle. The current contractor is MV Transportation and that’s the 25 estimate for the West Shuttle route if we use two shuttle vehicles during throughout the day. 26 27 Commissioner Rosenblum: Ok. 28 29 Ms. Aggarwal: And for the Stanford Trolley Shuttle or trolley route the estimate is about $20,000 per 30 month for service between 11:00 to 1:00 for about a two hour service weekdays. 31 32 Commissioner Rosenblum: Ok. 33 34 Mr. Rodriguez: If I could just provide some additional information just to help you gage the cost of a 35 shuttle program we use a round figure of about $200,000 per bus per year. So that’s the rough 36 magnitude cost of a shuttle program. So the Crosstown Shuttle even if you have two busses it’s about a 37 $400,000 a year program. 38 39 Commissioner Rosenblum: I see. My additional questions some of the data seemed a little bit 40 contradictory versus some of the recommendations. So the capacity utilization was off the charts for just 41 the Caltrain linked routes going crosstown. So you had a couple that were the only ones that were above 42 seating capacity was the early morning bullet train interfacing shuttle and the three something, 3:20 p.m. 43 to hit the northbound and then a later southbound bullet in the afternoon, but the recommendations are 44 to increase the frequency in the middle of the day, which I understand their rationale for that, but if one 45 of our goals is to make to get cars off the street and make it more convenient I would have thought that 46 there would have been a recommendation to increase frequency around those bullet interfaces that seem 47 to be heavily used. Number one, and I’ll put these in two parts. 48 49 And the other given that the Caltrain effect seems so large I was interested there’s not a lot of emphasis 50 around Cal Ave. I recognize the West Shuttle will go through, but there’s a large amount of traffic to Cal 51 Ave. that’s going into Stanford Research Park that’s going along a different axis from the proposed route. 52 And I’m wondering if it was the fact that that’s already served by VTA or other options that it wasn’t 53 considered or if the density calculation you’re using for employment density and the map that you used 54 discounts Hewlett-Packard (HP) or VMware or others because it’s one building surrounded by forest or 55 cars or something else and the density calculation is not an accurate reflection of the fact that there’s a 56 9 lot of people sitting in one building surrounded by non-dense areas. So the two areas that I was curious 1 about was first whether or not there was a push to recommend additional services interfacing with the 2 bullets on the routes that are oversubscribed and second, additional routes along the Cal Ave. axis into 3 Stanford Research Park and other areas? 4 5 Mr. Rodriguez: Yeah, I’ll take a quick stab Steve and then I’ll look for you some help. So I think that we 6 are with the proposal for the West Route specifically trying to address that kind of what [unintelligible] 7 called the gap in trying to find a bridge out towards to the California Avenue Business District area and 8 one of the things we specifically tried to design with that route was a bridge into the California Avenue 9 area that really doesn’t exist today. It does exist with routes along El Camino Real coming in from 10 Mountain View through the VTA route, but not specifically from South Palo Alto and [areas] trying to get 11 into that area. One of the things to keep in mind is in the California Avenue area there is no bullet 12 express service from Caltrain. It does only come into the Caltrain University area and then if [I 13 remember correctly it’s been three stations] down in Mountain View and so that that was one of the 14 reasons why you see a little bit of a less of a link for those kind of high priority routes, but we agree that 15 there needs to be a link just in general and that is a link that is today currently not existing within the 16 Palo Alto Shuttle Program. 17 18 Within the California Avenue, I’m sorry, within the Research Park area of Stanford they do actually have a 19 fairly robust network of shuttles that come from Marguerite program and we really tried to be balanced 20 within the program. You want to provide overlap and redundancy, but you also don’t want to compete 21 with other services. That is counterproductive from the sampling of transit services for the larger 22 community and so the routes I think that we developed tried to balance out that need between where 23 there’s kind of gaps in service. We’ve already also not competing with revenue based type services like 24 that from the VTA because all the routes that you’re seeing here were coordinated with Stanford that 25 were coordinated with the VTA and we outreached to transit providers to make sure that we were going 26 to be kind of complementary and not competing services. Steve do you have any other thoughts? 27 28 Mr. Crosley: Yeah, I agree with everything that Jaime said and I also I wanted to point out with the 29 Crosstown Route there is, there are, that there is the route in the morning that is actually higher than the 30 designated school run as far as boardings. One thing that we had, one thing that we would desire and 31 the City is pursuing is looking at the ridership survey, which would understand where people are coming 32 from and going to and what their destination is, be it Caltrain, be it the library, be it school, as well any 33 other area. What we would like to have as far as providing the information that you’re looking for is 34 what’s the demand at Caltrain is a stop level ridership survey to understand exactly how much ridership is 35 occurring at each stop. We did have ridership from each run so we had the total ridership inbound and 36 outbound on Crosstown, but we don’t exactly have the ridership at each stop. That would enable us to 37 understand if that run that has higher boardings than the designated school run is being served more by 38 students or if there is a demand to the Caltrain and baby bullet. And we did flag that again. There is 39 obviously a process of financial constraints and looking at what the best avenue to increase service and 40 where that, where those revenues can go to, but we would consider increasing that service to Caltrain if 41 it does play up that the demand actually is to that baby bullet service. There are a number of baby bullet 42 trains that are not being served by Crosstown. It’s simply an hourly service, which doesn’t necessarily 43 provide that frequent connection for the choice rider, but I think with more data that would be coming 44 forth in the next couple of months I think we can better answer that question that you have. 45 46 Commissioner Rosenblum: So just in terms of the cost benefit of what you laid out so the cost data is 47 really helpful to me. Just my gut is in addition to the previous comments that it seems like there’s certain 48 oversubscribed routes that did not seem to me to be emphasized. I am very skeptical of the Downtown 49 to Stanford Shopping Center utility and why especially given the cost, but I’ll leave it to my other 50 colleagues to probe further. Thank you. 51 52 Chair Michael: Commissioner Gardias. 53 54 Commissioner Gardias: Thank you Chair. So I understand that there will be more data coming up? So 55 you already answered part of my question, but I still would like to just have some preliminary numbers. 56 10 So building upon my colleague’s question what would be the incremental cost per rider if we extend 1 these routes? 2 3 Mr. Crosley: So the incremental cost per rider, so right now the service is free. So we would take the 4 total cost of the service and divide that by the number of riders so the total cost of service per month 5 obviously we don’t know what the ridership increase would be. We can extrapolate that. We can 6 suggest that there may be, we would suggest during the midday period there would be a 40 percent 7 increase in ridership. We can calculate that number and we could get back to you on what we think the 8 cost per rider could be. 9 10 I did want to point out that compared to other shuttle services the Crosstown Route is preforming quite 11 well. Earlier this year we performed a service analysis for the Emery Go-Round. It is one of the most 12 successful first mile/last mile shuttle services in the country and was actually recently featured on 13 National Public Radio (NPR) as being a very successful system. And one of their issues that they had was 14 they had too much ridership. They were actually having capacity issues. And we tried to look at 15 improvements to their service to provide better capacity and serve new markets. They are preforming 16 quite well and the Crosstown is slightly below that, so we would expect that the cost per rider would be 17 very effective as far as providing new service. Again we won’t know that until we actually until the 18 service is actually implemented and we can calculate that. Right now we can project and we can provide 19 you with those projections if you would like them. 20 21 Commissioner Gardias: Right, I understand. So thank you, but so I think that when and we already 22 asked about this in some of our discussions, that some financial projections, top level should be part of 23 the each package and then they should tighten down as we are closer to the release time or to the start 24 of the service. So of course, some projections, some estimate would be beneficial here. You gave us 25 $7,000 incremental per line I believe? And then you have in your package that there’s a 40 percent 26 increment upon the increase of the service to the twice of the current rate. So based on this you could 27 have just provided the numbers to us. So that’s number one. Number this, the questions so please 28 provide the next time when we meet. Please just give us some projections would be good to understand 29 how much it’s going to cost from different perspectives. 30 31 The second question, is I mean you have you provide the statement and you also said this that there’s a 32 based on the increase of the service it’s the elasticity is very high, it’s about 40 percent or you said that 33 even 60 percent. So that is very encouraging, but what we would like to maybe know where this 40 or 60 34 percent increase would come from. Are we going to lure people that would stay home to the busses and 35 just bring them to the Downtown and they will have good time spending their money or are we going to 36 exchange bike ridership onto the bus ridership. So if you could just also give us some comparison what 37 would be where this 40 percent or 60 percent increase where it would come from, which segment of the 38 population, which segments of the other riders, right, or non-riders? 39 40 Mr. Crosley: Absolutely and actually I have a report here I could actually leave with you a Transit 41 Cooperative Research Program (TCRP) report, which is actually talks about elasticity’s and service 42 frequency is just one elasticity so far, the cost to ride, is also another elasticity that’s considered in transit 43 practice. And essentially because you’re providing more frequent service you are attracting those 44 individuals unfortunately I can’t speak right now for who those individuals would be, but for those who 45 are not taking transit because it’s currently an hourly service, it does not mesh up well with their 46 schedules or they could potentially walk or bike or drive faster to their destination it’s a body of research 47 that looks at a whole different set of transit systems and how increasing [unintelligible] service simply 48 attracts more individuals. Similarly when you increase the fare transit agencies although here the 49 example is let’s say VTA or San Mateo County Transit (samTrans) which would increase the fare they can 50 accurately predict how many fewer riders would ride their service if they increased their fare because 51 they know that there’s a lower demand obviously when the cost goes up. And so this is a body of 52 research again it’s averages and there’s different elasticity’s for every different service. I’d be happy to 53 leave you with this report if you want to take a quick look at it. It has a whole bunch of different 54 services. It has rail and express bus, community service so and that’s where we’re getting that 55 information from. 56 11 1 Commissioner Gardias: Yes, thank you. You mentioned that, this reference, about if you don’t mind we 2 would be interested probably in more Palo Alto local (interrupted) 3 4 Mr. Crosley: Yeah. 5 6 Commissioner Gardias: Perspective that may be from other municipalities or may be statewide, I don’t 7 know the source, but if you could just take a look at our data, our population and just provide us with the 8 segments. That would be good. Can I ask another question or go to the second round? 9 10 Mr. Rodriguez: Commissioner Gardias I just wanted to do a quick follow up in that because we’re very 11 fortunate being that the Crosstown Route is rather focused and within our community we have a 12 relatively good sense of kind of where riders are coming from because we’re hitting a lot of the specific 13 senior housing facilities within the community, we’re servicing very specific business parks. I think where 14 we lack in data is the data point that Ruchika mentioned earlier where we kind of lack the boarding 15 specific location and deboarding specific data. I think in combination with the onboard survey we will 16 collect a lot of the information that you’re interested in hearing and so it’s definitely an interest of ours 17 and I think we can return next time with more data I think that will answer your question. 18 19 Commissioner Gardias: Yes. I mean the purpose of this question and this ask was pretty much just to 20 like in the other discussion, right, to understand how this is going to affect our other programs, right? 21 And you’re very active in the bike ridership, right? So and I hope that this program is not going to impact 22 the other one, right? So all those programs should work together so by just giving us the data, right, 23 about all the riderships, right, this could help us to understand impact on the other programs. 24 25 And then if I could just very quickly, right, I know that I am over my limit so I try to be brief, right? So 26 looking at the proposed routes on [unintelligible] on your last slide, right, I would like to understand, 27 right, being myself a city boy and just grew up around the public transportation which was pretty much 28 part of my life and bus ridership it just was an adventure pretty much where the discussions where held, 29 friendships being started, and so forth, right? But then it was based on a little bit different concept of the 30 combined transportation, which I would like to understand how this network of the busses combines or 31 intertwines with the other transportation means. So it was if we talk about the example of the 32 Marguerite bus that was canceled, right, then this society for before in Palo Alto suffered because of this 33 it is because apparently there is no other route, right? In the network of the transportation systems, 34 right? If one system is over the grid is it either a tram or a bus, right, there is another one that would be 35 replaced at the same time so they go in parallel, right, in the transportation corridor. So if you could just 36 talk about how this map relates to other transportation means or maybe you could just give us for the 37 next meeting some understanding, right, how this overlaps to other town’s transportations, Marguerite 38 system, and so forth. Thank you. 39 40 Chair Michael: Commissioner Alcheck. 41 42 Commissioner Alcheck: Well a number of the comments that have been made I want a… a number of the 43 comments that have been made I sort of second. The one sort of discussion about this West Route I 44 guess there was a part of me that envisioned that we would really see suggestions that sort of does 45 potential alternatives for arriving at work and maybe that’s too big an ask for the City of Palo Alto to sort 46 of manage because maybe the majority of our so it’s like with the westbound suggestion is really a route 47 for residents to kind of access retail and Downtown oriented areas, right? And it’s opposed to there 48 being a solution that served like a second purpose, which would be theoretically serving as a sort of 49 commute route and there was a part of me that was hoping to see some I guess there’s sort of a 50 disconnect between that notion that the West Route sort of connects, here I’ll read it to you. “To know 51 that the proposed West Shuttle would connect South Palo Alto with the business and retail districts in 52 North Palo Alto” and then this sort of suggestion that maybe that larger employers like Google or the 53 Shoreline Business Park would be sort of interested in it. I’m a little unclear on how that route serves 54 sort of two different purposes if you will. 55 56 12 Mr. Rodriguez: Thank you Commissioner Alcheck. Let me try and respond and again I might look to both 1 Ruchika and Steve for some help. You know we really tried to be out of the box when it came to the 2 development of the West Route. I mean shuttle programs are significantly expensive and when you offer 3 a free shuttle program to a community you get no money back, but you get benefit back to the 4 community that the community enjoys in [unintelligible] mode that they would not otherwise have and 5 reduce other kind of mode that peaks as well. 6 7 With the West Route we really tried to do three different things and I think they are all things that just 8 don’t exist within the community today. So again the concept of the West Route is it’s mostly that route 9 in red, but the concept is that during the morning peak there’s really only about five or six stops that the 10 route actually takes so it probably kind of like a baby bullet on the Caltrain it skips about every third or 11 fourth shuttle stop and it just does target locations where it can pick up people that are trying to get out 12 to the Business Park. And in the morning it would follow that route in orange and then those same stops 13 would be available for people that live in Palo Alto trying to get to Caltrain that they would have no 14 otherwise connection except to drive or bike in some instances to get to that location. So that was the 15 first thing we tried to do is kind of focus it to more of a commute focused service because we felt that 16 competed less with the rapid bus service the VTA was offering in the morning along El Camino Real. We 17 thought that that was kind of complementary, but not competitive. 18 19 But one of the things that we also chose, was we recognized in Palo Alto the most popular element of our 20 community is the student mode. They use the shuttle the absolute most in the peak periods of the day 21 and so what we probably may have labeled it in the wrong color here, but you see that green dash line in 22 the middle? That’s a spur of one of the buses coming back from the Mountain View Business Park in the 23 morning to try and offer a route for kids that go to Palo Alto High School (Paly), but that live South of 24 Oregon. So again if you’re familiar with that community crossing Oregon can be an experience in itself 25 and can be a deterrent for students that say want to bike, but don’t so they are getting driven to school. 26 So what we’re introducing is a second mode, a brand new school focused route that does not exist today. 27 28 And then lastly the third element was more of this community concept which kind of happened just by 29 chance to mirror some of the recommendations that Fehr & Peers is making for the Crosstown Route to 30 have a focused service in the morning. The route as we show from the morning in red to orange to 31 Mountain View is about an hour and 15 minutes, but if we could have two shuttles it would offer a round 32 trip just in red in the morning at about a 35 minute headway, which is now also happens to be 33 complementary to the recommendation that Fehr & Peers made for Crosstown so we’re trying to do a lot 34 with a little bit amount of money and resources to offer benefit to the community. And so my only 35 thought there is that we are trying to do all those things with the West Route and so if it wasn’t coming 36 clear within the report I apologize, but thank you for the opportunity to clarify. 37 38 Commissioner Alcheck: So just to be clear is that morning and p.m. route is that serving as a service for 39 Google employees to get to their campus from the train station or is that for Palo Alto residents who work 40 at Google to get to Google? I guess I’m trying to figure out who is that? 41 42 Mr. Rodriguez: It’s all of those to answer your question Commissioner Alcheck. We had done some 43 preliminary discussions out to some of the companies out in the Research Park. We had spoken to 44 Google, we had spoken to Intuit if I remember correctly and so we kind of had and understanding of that 45 there was some demand for Palo Alto residents trying to get out there, but we also understood that for 46 the people that were living outside of Palo Alto they’re coming here from Caltrain from the baby bullet 47 express routes and so those little bridge connections we’re picking up people along the way. And but 48 again what doesn’t exist today through existing routes like for Google [unintelligible] that they don’t 49 make that bus available on the way back to the station to pick up local residents to the station itself and 50 that’s what this would introduce. 51 52 Commissioner Alcheck: So is the notion like I’m envisioning a San Francisco resident ridding down and 53 jumping on that shuttle to get to the Google campus. So is the partnership vision that Google would 54 contribute significant funds to help fund not just that a.m./p.m. portion, but potentially sort of a larger 55 part of that whole West Shuttle? Is that the idea that like (interrupted) 56 13 1 Mr. Rodriguez: [Unintelligible] 2 3 Commissioner Alcheck: [Unintelligible] small portion and helping fund (interrupted) 4 5 Mr. Rodriguez: We of course have not had any financial discussions with any of the companies directly to 6 that degree (interrupted) 7 8 Commissioner Alcheck: I think that’s very creative. 9 10 Mr. Rodriguez: Yes. 11 12 Commissioner Alcheck: Ok, the second thing I wanted to say and this may be just because we are 13 following the Residential Permit Parking (RPP) discussion, but the I know the hours for the suggested 14 trolley wouldn’t necessarily apply here, but my first thought when we talked about this University 15 Stanford Mall Trolley was I mean I imagine weekday parking at Stanford Mall’s parking lots is pretty low. 16 I could easily see people parking for free at Stanford Mall and hopping on a shuttle to Downtown Palo 17 Alto. Arguably the hours here from 11:00 to 1:30 during the summer aren’t really applicable, but if the 18 hours were broadened and I only mention this because again our City has sort of a vested interest in 19 finding more parking. And if the mall’s lots are relative, I know this is a side discussion, relatively empty 20 during the weekdays not just in the summer that sort of stood out to me as a potential ridership for this 21 trolley. So this isn’t just about people who happen to have, who really… extended amount of time set 22 aside for shopping this theoretically could have broader appeal. Maybe there’s no partner there at 23 Stanford for that, but it’s worth noting. 24 25 Chair Michael: Commissioner Tanaka. 26 27 Commissioner Tanaka: Yeah, so let me just say that I appreciate staff putting this together. I think 28 overall it looks like the West Shuttle proposal makes a lot of sense so I think good job in that. I guess in 29 terms of the schedule I noticed like the Cal Ave. is skipped and so I think one of the my fellow 30 Commissioners also mentioned I think it’s actually important to stop at the Caltrain stations because 31 that’s I think you’ll pick up a lot of ridership there. Unless I’m misreading this schedule, but it looks like 32 in the morning the Cal Ave. Station is skipped and I was kind of maybe puzzled why that is and maybe 33 staff could talk about why would you skip the Caltrain Station? 34 35 Mr. Rodriguez: Thank you Commissioner Tanaka. The reason we had originally proposed to skip the Cal 36 Ave. Station is because we were trying to align with the baby bullet schedule. And I think to Steve’s 37 point he mentioned that he thought we could definitely do a better job of that and I agree. This is a first 38 step kind of trying to develop a schedule, but if there’s interest in potentially bringing that back as a stop 39 even in the mornings particularly aren’t necessarily interested in a bullet express run, but just a Caltrain 40 connection in general that’s the feedback we want tonight. 41 42 Commissioner Tanaka: Ok. Well, I just noticed it was skipped in the morning on the southbound and a 43 northbound it skipped in the evening, which I guess I was trying to understand what was the rationale 44 behind that? So on the northbound it’s skipped in the evening, right on the Cal Ave. Station? 45 46 Mr. Rodriguez: Yeah, I think we’ll have to look into that and get back to you Commissioner. 47 48 Commissioner Tanaka: Ok, I didn’t quite understand why you would do that, but ok. It sounds like you’re 49 looking into it. And then I was wondering did the bus, do the shuttles today do they actually count how 50 many people ride or board each time at each stop or get off? Do we have that data? 51 52 Ms. Aggarwal: Thank you Commissioner Tanaka. No at this time we don’t have a specific stop to stop 53 data. The information that the drivers provide us today is the total number of boardings throughout the 54 route. So if the shuttle leaves at 7:30 from the Caltrain Station and the same shuttle comes back or the 55 run is southbound starting at Caltrain Station and it ends at Stevenson House in southern part of the 56 14 town we have the maximum number of riders that were in that particular run, but we don’t have how 1 many riders got on at what location and how many got off a what location. 2 3 Commissioner Tanaka: Ok. I think it would actually be if it’s easy to get it would be good to get that kind 4 of data that way you know which stops are really important and which stops you could maybe stop going 5 to or when you go there that way it’s a little more data driven. I think the other thing and maybe this is 6 easier to get is do you guys look at the Google transit data in terms of… ok, so you guys looked at that 7 and factored that into the? Ok, great. 8 9 And then yeah I think that the private public partnership makes a lot of sense. I know that at the 10 [Counselor] Station Google funds a shuttle that goes from the [Counselor] Station in Mountain View to its 11 campus and it’s open to the public to take as well. So I think it’s a good idea and that’s maybe one way 12 to fund this, this program so I think it makes a lot of sense and there’s precedence for it happening 13 already. So good thinking. 14 15 Chair Michael: Vice-Chair Keller. 16 17 Vice-Chair Keller: So let me start where Commissioner Tanaka left off. The main reason that there’s and 18 it’s unnecessary to stop at the Caltrain Station at California Avenue is because during rush hours there’s 19 one or two Caltrain runs that stop there. And every train that stops at the Caltrain at California Avenue 20 also stops at University Avenue. So at University Avenue there are typically four or five trains stopping 21 per hour. So it’s superfluous until there’s a change in the schedule because of electrification. 22 23 I am not sure when I checked a while ago the Palo Alto shuttles weren’t on Google transit so you couldn’t 24 actually figure out if you said I want to go from Point A to Point B they didn’t show up. Maybe that’s 25 been changed recently so that would be good. The next thing is that with respect to Slide 7 the there’s a 26 big brown area in Research Park and there’s a big brown area in East Bayshore on California, I mean on 27 Embarcadero Road and that tells me that you might not have properly taken into account transit oriented 28 jobs and so it would be helpful I’d heat map them it only takes [not only] takes into account residences, 29 but also jobs. And I would expect that more of the area might be transit friendly with jobs orientation 30 than just housing orientation. 31 32 So the next thing is it would be nice if the contract for shuttles also required the shuttles be alternative 33 fuel in some way, either natural gas or electric or something like that so to reduce use. The next thing is 34 in terms of the Crosstown Shuttle think about expanding the hours. If you’re going to do it in the middle 35 then you could expand the hours somewhat to the shoulder hours. Right now they don’t go as much into 36 the commute hours and if you actually have increased service in the middle of the day you could have it 37 go one shuttle start earlier and one shuttle continue later and thereby without much increased cost deal 38 with the shoulder hours. 39 40 I think that North Bayshore of Mountain View is not only Google. There’s a whole bunch of employers 41 there and in particular there’s a big push there to limit the number of cars in that area as it expands. 42 And therefore there might be additional partners that may wish to participate than just Google in terms 43 of that and I believe that they have a desire to have the mode share shift of about 35 or 40 percent if I 44 remember correctly. So that’s a significant amount for which this can be a contribution. Just as the bike 45 bridge over 101 and Adobe Creek is part of their mode share calculations. 46 47 Ok, now a few more specific things. Firstly it would be nice to when you’re getting to also have historical 48 data of when Palo Alto jointed the VTA in 1972 I believe it was we had a whole bunch of routes: 82, 83, 49 82, 84, 86, 88. It would be nice to get maps of those to understand what those were like. And right 50 now the only one we have left is the 88, but I remember the 84 and the 86. Anyway, the other thing is it 51 would be nice to start doing on/off counts so a lot of bus agencies when you get on the bus somebody 52 clicks on, when you get off the bus somebody clicks off. It’s easy to have the driver do that and then 53 you’ll get more detailed count data. I’m not sure whether it’s worthwhile asking the question if you didn’t 54 take the shuttle would you drive instead? Or how would you get to your destination instead? I don’t 55 want to add more questions, but that’s something to think about. 56 15 1 Suggestions for shuttle specific things; one of the issues we have now is the route sort of partly 2 duplicates the 22 and 522 buses along El Camino. And that makes it ineligible for Bay Area Air Quality 3 Management District (BAAQMD) grants. On the other hand, if the shuttle ran along Park Boulevard from 4 East Meadow down to Park Boulevard you may have to jog over to Wilkie Way to get back because of the 5 blockage there, but if it basically went on Park Boulevard and then down California Avenue you’d serve 6 the California Avenue Business District and you’d also make it possibly more eligible for BAAQMD grants 7 because we’d no longer duplicate the 22 and 522 to as large of an extent as it does now. So that’s 8 something to consider. 9 10 And I understand the East Palo Alto Shuttle not only serves people from East Palo Alto who are working, 11 who are taking Caltrain, but one of the things it also serves because of the stop at, because of the stop 12 at Woodland it also serves University Circle. And that’s why you find the usage would be good in both 13 directions because people going from Caltrain to University Circle would also be using it and that’s a 14 useful feature. Let’s see if there’s anything else…no I think that that’s basically it. Thank you. Thank 15 you very much for a job well done. 16 17 Mr. Rodriguez: Vice-Chair Keller if I may I just wanted for the benefit of people that may be watching at 18 home that couldn’t see me nodding to you in some of your comments, I just wanted to note for people at 19 home that the Palo Alto Shuttle Program is available on Google Maps and you can plan your route using 20 Google for taking advantage of our program. And when it came to the other business partners that are 21 potentially out there at the Bayshore Business Park in Mountain View that’s exactly the kind of thing we 22 want to do. We were trying to build some interest at this policy level first to see if we should continue to 23 begin a formal outreach and discussions so that by the time we get to Council we have more formal 24 information that we can share with the Council at a later date, but the thought with the partners was if 25 you don’t want to help fund the shuttle then you don’t get a stop. And so we’re trying to look at the 26 shuttle really from the standpoint of a business to help it be efficient. And so that was one of the 27 thoughts of expanding into Mountain View. 28 29 Oh, I’m sorry, there was one last one. My first nod to Vice-Chair Keller is that our shuttles are now all 30 Compressed Natural Gas (CNG) based. That was a requirement of our last RFP process that we did in 31 the spring. All of our shuttles are CNG. 32 33 Vice-Chair Keller: And CNG is Compressed Natural Gas? 34 35 Mr. Rodriguez: That is correct. 36 37 Vice-Chair Keller: Thank you. 38 39 Chair Michael: So I’d like to concur in thanking staff for their work on the program and the report on the 40 expansion of shuttle services. Thank you for that. Also for putting together an agenda which links 41 parking, transit, and housing, which I think that there is a pretty strong connection between those issues 42 and the City particularly with the debate on quality of life, residential quality of life, what’s the character 43 of Palo Alto, what’s the future of Palo Alto? Yet if you want more transit utilization maybe more density is 44 a virtue. 45 46 So I made a number of notes and I think one question that has come up is that you’re doing efforts to 47 track who uses the shuttle and what are the characteristics of people who don’t ride the shuttle. And 48 recently there’s some acknowledgement that where Palo Alto is becoming so attractive to home buyers 49 and the median home price being as high as it is the annual income required to purchase a house in Palo 50 Alto with a 20 percent down payment is now approximately $350,000 a year, which is pretty high. And if 51 you assume an annual sort of work year of 2000 hours that sort of equates to $175 an hour or $3 a 52 minute, and so people who are able to afford to buy a house in Palo Alto who make $175 an hour and 53 there are many people who make more than that and many who make less. Are they going to be willing 54 to go stand on a curb and wait 60 minutes for the next bus to come by because that just cost them 55 $180? Or I know for people who worked on the Infrastructure Blue Ribbon Commission (IBRC) issues 56 16 where the City had some number of projects that were unfunded costing approximately $450, $445 1 million the question is: is the City putting adequate resources into the Shuttle Program? Because I think 2 if you put more resources into the Shuttle Program such that you reduce the headway that this average 3 person in Palo Alto who makes $350,000 a year is going to have more frequent service and may actually 4 use the service. And I think the characteristics of people who don’t ride the shuttle is something that is 5 hard to quantify or capture, but I think it’s probably significant if you want to get more resources that 6 might actually be of a great appeal, which actually relates to who is being served by the Shuttle Program. 7 And we heard from the public there’s a pretty significant need for certain groups who may have 8 disabilities or unable to drive or otherwise need accessible public transit services also seniors and 9 apparently this program as it’s currently designed does a good job with respect to commuters and 10 students, but I’m not so sure it does a good job with respect to others. And I think that that question of 11 serving the others, the non-served others is the great problem as I see it. 12 13 I acknowledge that I’m learning a lot from all of this that you’ve done and presented to us because 14 clearly traffic engineering is a science. I’m not trained in traffic engineering and so I want to ask sort of 15 the naïve question of if you had a purpose for the transit and the shuttle system which wasn’t necessarily 16 the during peak commute hours to get commuters to the bullet train or to get students to the public high 17 schools or whatnot, but it was more generally sort of a Point A to Point B if you wanted to get from 18 anywhere in Palo Alto to anywhere else in Palo Alto and be able to take transit to get there so you didn’t 19 have to use a car does the shuttle service actually provide a practical solution to that problem? And I 20 think that’s not the problem that’s being solved, but I wish it were. 21 22 While I was sitting here I just I wondered how many of the, my colleagues and myself on the 23 Commission this evening were able to take transit to come to this meeting tonight and I think the answer 24 was zero. And I actually live pretty close to here, I live in Community Center and I just did a Google Map 25 check and I live 1.4 miles away and by walking that’s 25 minutes. I actually walk faster than that so it’s 26 about 22 minutes. By car it’s six minutes, by bicycle 7 minutes assuming the car obeys the speed limit 27 and I bike really fast, but on the bus, even the 35 bus, which is a 30 minute headway if I just miss it it 28 takes 18 minutes travel time, so it could take 48 minutes or roughly double the time it takes to walk. 29 And so I think that with the and you’re on the shuttle if there’s one that goes on Newell close to my 30 house and I could walk out there and it’s a 60 minute headway and I just miss it that’s going to take me 31 an hour and a half versus walking is 25 minutes. So biking is seven minutes. So the design of the 32 system is not designed to incentivize a resident to use the transit to get Downtown to come to the 33 Planning Commission. You did that we run late into the evening you’d have to walk home and I know 34 Vice-Chair Keller showed me where he lives in town; he would have a long walk. So good thing he has 35 an Electric Vehicle (EV). 36 37 I guess my last question is a lot of cities on their buses and shuttles are pretty proactive about having 38 bike racks on shuttles. Do we, are we set up for that? 39 40 Ms. Aggarwal: Yep. All our shuttles are equipped with at least two bike, they can hold up to two bikes. 41 42 Chair Michael: Ok. And I guess then my other concern is that I think if you get back to the question of 43 who is being served and I think it’s doing, it’s pretty well designed to serve the commuters and the high 44 school students, but not so well with respect to other groups perhaps that are harder to capture. But the 45 hours of operation particularly if you have a one way trip during the hours of operation and your return 46 trip is either earlier or later than the hours of operation then that knocks you out of transit. And I think 47 that this notion that the time of Palo Alto residents is actually quite valuable, this is just a very 48 prosperous productive community and a lot of people are employed very gainfully. If we want to get 49 people out of cars and able to use transit I think earlier in the morning, later night service, not 50 necessarily 7 by 24, but you have to make it so people could come to City Council meetings, come to 51 Planning Commission meetings, and also serve those groups that aren’t just commuters and students. 52 53 So although we had intended to finish this topic by 8:40 and it’s now 8:40 I’m going to allow sort of a 54 lightening round of any Commissioners who have something that they really want to add. So is there 55 anybody who feels that there’s a contribution could be made by another comment? Vice-Chair Keller. 56 17 1 Vice-Chair Keller: Thank you. So firstly, let’s point out that VTA offers the outreach service for people 2 who have mobility and other issues. And it may not be appropriate, but the question is whether VTA 3 could provide something special for the need that was indicated by the residents. That’s worthwhile 4 talking to them about. 5 6 The second thing is whether there’s an interest in Research Park shuttles from Caltrain and also 7 connecting to Cal Ave. coordinated as opposed to employer by employer separate shuttles. There’s a 8 concept, a study that was done several years ago by VTA called The Concept of Operations. And they 9 had about six different kinds of identified users and it would be interesting to see how their identified 10 kinds of users map to the kind of users for the Palo Alto shuttles. 11 12 And lastly to avoid Chair Michael’s comment about just missing the bus a lot of transit services are 13 offering things where you can find out when the next bus will come to your stop. And I hope that the 14 next iteration of the Palo Alto Shuttle with either provide that if it doesn’t already. Thank you. 15 16 Chair Michael: So why don’t we take a short break and if Tom Wong is watching on television (TV), 17 please come down and we’ll be ready for you shortly. Thanks. 18 19 Commission Action: No action taken, Commissioners provided comments and suggestions only. 20 1 250 Hamilton Avenue | Palo Alto, CA 94301 Palo Alto Shuttle On-Board Survey Summary Staff conducted the On-Board Rider Survey from September 17th –October 15th, 2014 to collect more detailed information regarding customer expectations of the current shuttle program. The survey represents the City’s effort to collect compre- hensive travel mode data to better understand how people are using the shuttle for various travel needs. This survey was developed based on an on-board passenger survey from Alameda Contra-Costa Transit District (AC Transit) conducted in fall of 2008 and from Valley Transportation Authority (VTA) in fall of 2013. The On-Board Rider Survey was made available primarily through hard copies to existing shuttle riders at various times of day. A total of 116 riders responded to the survey that was conducted at the three free shuttle routes in Palo Alto-Crosstown, Embarcadero, and East Palo Alto Shuttle routes. The surveys were conducted both in the morning and the afternoon, to get a significant sample of the free shuttle riders. The majority of the users were willing to fill out a survey, and only a few declined. The SuRvey The questionnaire consisted of 14 questions. Interested riders on the shuttle were provided with the survey — a single piece of paper, double sided. They filled the questionnaire by themselves and handed it over to the surveyor who filled out the date, route, direction and time of the shuttle run. The questions were divided into three parts, and it took an average respondent around five minutes to complete the survey. 2 Section 1: About you The first four questions were about respondent-specific characteristics. These questions focused on the general background of the respondents, and were designed to check if the sample included a representative segment of society. It also provided an insight on which parts of the population use City’s shuttle services. Q1: Gender Q2: Age 13–17 years 23% 18–24 years 11% 25–34 years 21% 35–49 years 18% 50–64 years 13% 65 years and above 13% 12 years or younger 1% Female 53% Male 47% 3 Q3: Race/Ethnicity Q4: How many people are in your household (including yourself)? Q5: Do you own or have access to a vehicle? Question 5 helped to understand whether riders were using the shuttle because they have no access to a car or if they had another travel mode choice. No 54% Yes 46% 1 person 25% 2 persons 24% 3 or more persons 51% Black/African American 14% Asian 30% Hispanic/Latino 15% White 30% Native Hawaiian or Pacific Islander 4% Other 7% 4 Section 2: About your trip The next five questions were related to the current trip the respondents are making. Q6: What is the purpose of your trip? (check all that apply) This question focused on the destination of the respondent. Q7: Why did you use City’s shuttle for this trip today? (Check all that apply) This provided information on whether riders were choosing to ride the shuttle out of neces- sity, or if they were making a deliberate choice to ride the shuttle. Nu m b e r o f R e s p o n s e s 50 40 30 20 10 0 Home Work School Shopping trip Social recreational/ entertainment Personal errand Medical appointment Other Nu m b e r o f R e s p o n s e s 60 50 40 30 20 10 0 Shuttle is faster Too much traffic Better use of time No car avail- able today No driver’s license Better for environ- ment Too costly to park Because it’s free No other transit available Other 5 Q8: How long did you wait for this shuttle to arrive? This question was designed to give insight on how the existing shuttles scored on-time performance. Q9: How did you get from your starting point to this Shuttle? (check all that apply) Q10: How will you get to your final destination after you exit this vehicle? (check all that apply) It was important to understand how the shuttle related to the total trip of the respondent — either as onward, backward or point-to-point transportation, or as a part of the complete trip. Responses to this question also provided information on bicycle use and connections to other public transit. Less than 5 min. 40% 5–10 min. 35% 11–15 min. 11% 16–20 min. 10% More than 20 min. 4% Walked all the way 76% Biked 4% Drove alone and parked 1% Carpool/ dropped off 4% Transfer from other transit 15% Walk all the way 65% Bike 4% Other 1% Drive alone 1% Transfer to other transit 29% 6 Section 3: About the shuttle service The following questions were about the existing shuttle service in general. Q11: How long have you been using City’s Shuttle services? This questions helped to identify the respondents as regular users vs. new or first-time shuttle service users. Q12: How often do you typically ride City Shuttle? This question provided information on how familiar respondents are with the shuttle service as it is offered. 4 or more years 30% 1–3 years 32% Less than 1 year 32% First-time user 6% 4+ days/week 60% 2–3 days/week 24% 1 day/week 5% 1–3 times/month 6% 1–3 times/year 5% 7 Q13: Please rate the following features of City’s Shuttle services on a 5-point scale. Questions 13 and 14 were based on the experience and opinion of the respondent. Q14: Please state the features that you value the most. (Please check at most three) Nu m b e r o f R e s p o n s e s 80 60 40 20 0 Frequency of service On-time perform- ance Personal securiity Vehicle Cleanli- ness Quality of stops/ stations Courteous drivers Comfort of the ride Other Nu m b e r o f R e s p o n s e s 70 60 50 40 30 20 10 0 Frequency of service Highly satisfied Satisfied Neutral Unsatisfied Highly unsatisfied On-time perform- ance Personal securiity Vehicle Cleanli- ness Quality of stops/ stations Courteous drivers Comfort of the ride Overall Experience CITY OF PALO ALTO OFFICE OF THE CITY CLERK October 27, 2014 The Honorable City Council Palo Alto, California Council Direction on Selection of Voting Delegate for the National League of Cities Annual Business Meeting on Saturday, November 22, 2014 The City Council should designate a voting delegate and could designate an alternate voting delegate for the National League of Cities (NLC) Annual Business Meeting to be held on Saturday, November 22, 2014. BACKGROUND: The National League of Cities (NLC) Congress of Cities and Exposition is scheduled for November 19-22 at the Austin Convention Center in Austin, Texas. The Annual Business Meeting will be held at the conclusion of the Congress of Cities and Exposition on November 22, 2014. In order to vote at the Annual Business Meeting, the City Council must delegate a voting delegate and could appoint an alternate voting delegate. Vice Mayor Kniss, Council Member Holman, Council Member Klein and Council Member Price will be attending the Conference. Attached please find correspondence received from the National League of Cities. ATTACHMENTS: Attachment A: NLC Voting (PDF) Attachment B: National League of Cities Annual Conference (PDF) Department Head: Donna Grider, City Clerk Page 2 Make plans to attend the nation’s largest educational event for city officials, hosted this year by the City of Austin, Texas. This year’s theme, The Future of Cities, will showcase the innovative ways cities are driving change today, and will help you prepare for your community’s future. Who Should Attend? Anyone interested in how cities are solving problems and becoming greater places to live will benefit from attending. The conference is especially useful to mayors, council members, newly elected officials, city managers, and municipal department heads. Although membership in the National League of Cities is not required to attend, representatives from member cities enjoy discounted registration. What You’ll Experience At the Congress of Cities you’ll enjoy innovative sessions, mobile workshops, inspiring keynote addresses, skill-building seminars, and great opportunities to meet colleagues from across the country. News Spotlight Prepare to stimulate your mind and see the world through a new lens at the Thursday afternoon general session, where Futurist Mike Walsh will serve as the keynote speaker. Lock in your registration at the best rate – the early bird registration rate deadline is July 18 . Social media users, this year’s conference hashtag is #NLCATX. th Page 1 of 1Home » Congress of Cities and Exposition | Annual Conference of the National League o... 7/11/2014http://www.nlccongressofcities.org/ Schedule Tuesday, November 18, 2014 3:00 p.m. – 5:00 p.m. Registration Open Wednesday, November 19, 2014 7:00 a.m. – 7:30 p.m. Registration Open 8:30 a.m. – 12:00 p.m. City of Austin Mobile Workshops 9:00 a.m. – 12:00 p.m. National League of Cities University Seminars (additional fee) 9:00 a.m. – 12:00 p.m. Board of Directors Meeting 1:00 p.m. – 5:00 p.m. City of Austin Mobile Workshops 1:00 p.m. – 4:00 p.m. National League of Cities University Seminars (additional fee) 1:30 p.m. – 3:00 p.m. Advisory Council Meeting 1:30 p.m. – 4:00 p.m. Policy and Advocacy Committee Meetings 4:00 p.m. – 5:30 p.m. New Member/First-Time Attendee Orientation 5:30 p.m. – 7:00 p.m. Welcome Reception in the Exhibit Hall Thursday, November 20, 2014 7:00 a.m. – 5:30 p.m. Registration Open 8:30 a.m. – 12:30 p.m. Solutions Sessions 9:00 a.m. – 12:00 p.m. City of Austin Mobile Workshops 9:00 a.m. – 12:00 p.m. National League of Cities University Seminars (additional fee) 9:00 a.m. – 12:00 p.m. Council Meetings 9:00 a.m. – 12:00 p.m. Constituency Group Meetings 9:00 a.m. – 1:30 p.m. Expo Open 12:00 p.m. – 1:15 p.m. National League of Cities University Leadership Luncheon (additional fee) 12:00 p.m. – 1:15 p.m. Delegates Lunch in Exhibit Hall 1:30 p.m. – 3:00 p.m. Opening General Session 3:00 p.m. – 5:00 p.m. Resolutions Committee Meeting 3:15 p.m. – 5:00 p.m. Expo Open 3:30 p.m. – 5:00 p.m. Conference Workshop Sessions Page 1 of 2Schedule » Congress of Cities and Exposition | Annual Conference of the National Leagu... 7/11/2014http://www.nlccongressofcities.org/seminars/schedule/ 5:30 p.m. – 10:00 p.m. State League and Other Group Events 5:30 p.m. – 10:00 p.m. Constituency Group Events 6:30 p.m. – 8:00 p.m. Nominating Committee Hearing Friday, November 21, 2014 7:00 a.m. – 5:30 p.m. Registration Open 8:30 a.m. – 10:00 a.m. General Session 10:30 a.m. – 12:00 p.m. Conference Workshop Sessions 10:00 a.m. – 1:30 p.m. Expo Open 10:15 a.m. – 5:00 p.m. Nominating Committee Meeting 12:00 p.m. – 1:15 p.m. Lunch in Exhibit Hall 1:30 p.m. – 3:00 p.m. Conference Workshop Sessions 3:30 p.m. – 5:00 p.m. Conference Workshop Sessions 5:00 p.m. – 10:00 p.m. State League and Other Group Events 5:00 p.m. – 10:00 p.m. Constituency Group Events Saturday, November 22, 2014 7:30 a.m. – 2:30 p.m. Registration Open 8:00 a.m. – 12:00 p.m. Council Meetings 8:00 a.m. – 12:00 p.m. Constituency Group Meetings 9:00 a.m. – 10:30 a.m. Conference Workshop Sessions 11:00 a.m. – 12:30 p.m. Conference Workshop Sessions 12:30 p.m. – 2:00 p.m. Lunch and Closing General Session 2:30 p.m. – 4:00 p.m. Annual Business Meeting 6:00 p.m. – 9:00 p.m. City of Austin Closing Event Page 2 of 2Schedule » Congress of Cities and Exposition | Annual Conference of the National Leagu... 7/11/2014http://www.nlccongressofcities.org/seminars/schedule/