HomeMy WebLinkAboutStaff Report 12267
City of Palo Alto (ID # 12267)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 6/14/2021
City of Palo Alto Page 1
Council Priority: Climate/Sustainability and Climate Action Plan
Summary Title: Adoption of a Resolution for CA Dept of Transportation
Partnership for Trash Capture Project
Title: Adoption of a Resolution to enter into Cooperative Implementation
Agreement with CA Department of Transportation for Embarcadero Trash
Capture Device Project
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council adopt the attached resolution (Attachment A) authorizing the
City Manager to execute a Cooperative Implementation Agreement (Attachment B) with the
California Department of Transportation (Caltrans) to receive reimbursement from Caltrans for
the design and construction of the Embarcadero Trash Capture Device Project; and to execute
all implementing documents.
Executive Summary
The California Department of Transportation’s (Caltrans) National Pollutant Discharge
Elimination System (NPDES) permit allows and encourages Caltrans to partner with
municipalities by providing funding for stormwater quality treatment facilities that address
trash or other pollutants. Palo Alto has been selected to receive such funding, and
consequently, both agencies will receive compliance credit to meet permit requirements.
Caltrans requires that all projects selected to be funded enter into a Cooperative
Implementation Agreement (CIA, Attachment B). Adoption of this Resolution (Attachment A)
provides the City Manager authority to execute the CIA on behalf of the City.
Caltrans has agreed to reimburse the City up to $613,000 for the design and construction of a
large trash capture device (TCD) to be installed on Embarcadero Road in front of the Baylands
Golf Links, which will cover the entire Project cost. The City will then accept responsibility for
the operations and maintenance of the device.
Background
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Caltrans is required by the State Water Resources Control Board (State Water Board) to address
trash generated in its right of way. The agency’s State Stormwater Permit issued by the State
Water Board allows Caltrans to partner with local municipalities by providing funding for
regional water quality treatment facilities in significant trash generating areas (as identified in
the Caltrans Statewide Trash Implementation Plan). Caltrans receives trash reduction
compliance credits for contributions to regional projects.
The City is also required to comply with the Municipal Regional Stormwater NPDES Permit in
the San Francisco Bay Area (Order R2-2015-0049), also known as the Municipal Regional Permit
or MRP. The MRP outlines various requirements for protecting the City’s storm drain system
and local receiving waters from pollutants commonly found in urban stormwater runoff,
including trash and other priority pollutants like PCBs and mercury. The MRP requires the 76
Permittees (including the City) to meet the goal of 100 percent trash load reduction, or no
adverse impact to receiving waters from trash, by July 1, 2022. This deadline is expected to be
extended to July 1, 2025 in the next MRP.
Discussion
The proposed Resolution authorizes the City Manager to execute a Cooperative
Implementation Agreement (CIA) with Caltrans to receive reimburse from Caltrans for the
design and construction of a large trash capture device; and to execute all implementing
documents. In fiscal years 2022 and 2023, the City will carry out the design and construction of
the trash capture device. Once the Project is completed, the City will seek reimbursement for
design and construction and commence to undertake maintenance of the TCD.
The Project will consist of installing a trash capture device within the existing City storm drain
pipeline located at Baylands Golf Links along Embarcadero Road. The trash capture device
(approved by the State Water Board) is a large, rectangular vault with metal cages and sumps
with baffles designed to collect sediment and trash as small as five millimeters to prevent
discharge to San Francisco Bay. The device also includes hydrocarbon booms that capture
floating PCBs and oils. The boxes will be installed in-line with the storm drain system. Flow will
enter the structure; trash will be caught in the cage while sediment will settle in the baffled
sump. After passing by the floating hydrocarbon boom, the clean flow will exit the system and
continue downstream to discharge into the Bay.
The storm system at this location drains portions of the City right of way and open space land
and Caltrans’ right of way, specifically Highway 101, and discharges to the Bay. The Project is
designed to treat a total drainage area of 189.3 acres, which includes 168.8 acres of City land
and 20.5 acres of Caltrans right of way. The City will receive 100 percent reduction credit for
this drainage area, increasing Citywide trash reduction from 80 percent to 85 percent, a
significant increase toward the trash reduction permit requirement. Caltrans will also receive
compliance credits for trash reduction for providing funding toward this Project.
The design and construction of this Project will be completed in close coordination with the
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Community Services Department to maintain access to the Baylands Golf Links. Staff will be
responsible for maintaining the trash capture device to periodically remove trash and ensure
the device performs as designed and constructed. The device will be designed to account for
high groundwater levels and allow for dewatering in order to conduct maintenance.
The total Project cost is estimated to range from $598,000 to $613,000 depending on the type
of trash capture device installed (to be determined by consulting with Public Works
Department’s Public Services and Engineering Services Divisions during the design phase).
Caltrans will fund both the construction and final design phases regardless of which type of
trash capture device is installed, with the City of Palo Alto funding the long-term operations and
maintenance costs, further detailed in the resource impact section.
Timeline
The Project will take approximately one year from design to completion of construction. It is
anticipated that the Project design will start in October 2021, with the final plans completed in
March 2022. Construction will start in August 2022 with a planned Project completion in
October 2022. As the project progresses, the City will submit monthly invoices to seek
reimbursement until full reimbursement is received for TCD design and construction.
Resource Impact
Although there are no financial impacts associated with the recommendation to adopt the
resolution, the result of approval, both this project and the ongoing operations and
maintenance, will have financial impacts for the City for decades. This Project will be funded by
the Stormwater Management Fund with commensurate reimbursement from Caltrans. No
funds are needed in the remainder of Fiscal Year 2021. An action will be brought forward on
June 21, 2021 as part of the City’s adoption of the FY 2022 Budget recommending a new
Stormwater Management Fund Capital project Trash Capture Device Installation (SD-22002)
project in the FY2022 Adopted Capital Budget.
City staff are responsible for maintaining all trash capture devices throughout the City. Long-
term operations and maintenance for this trash capture device is estimated at a total of
$272,000 over 50 years and planned to be absorbed through the available operating budget of
the Stormwater Management Fund in future years. This is not one of the 13 voter-approved
projects of the 2017 Stormwater Ballot; however, trash reduction is mandated by the Regional
Water Quality Control Board for the entire SF Bay region. Voters approved maintenance of the
storm drain system (and pollution prevention activities), and the Public Works Public Services
Division will maintain this infrastructure under that funding umbrella.
Policy Implications
The MRP requires that the City meet the goal of 100 percent trash load reduction, or no
adverse impact to receiving waters from trash, by July 1, 2022. Although this deadline is
expected to be extended to July 1, 2025 in the next MRP, the City must make significant efforts
to reach the required goal by this timeline. This project will provide a 5 percent increase in trash
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reduction, increasing the City’s rate from 80 percent to 85 percent. In addition, this project
supports meeting required PCB and mercury load reductions. If the City does not meet the
trash reduction deadline, it may be subject to MRP violations and fines.
Adoption of the attached resolution is consistent with City policy documents, including the
Green Stormwater Infrastructure Plan and the Sustainability and Climate Action Plan.
In addition, the following Comprehensive Plan goals, policies and program support the
installation of this trash capture device:
Goal N-4: Water resources and infrastructure that are managed to sustain plant and
animal life, support urban activities, and protect public health and safety.
Policy N-4.4: Manage water supply and water quality to reflect not only human use but
also the water needed to sustain plant and animal life.
Policy N-4.10: Reduce pollution in urban runoff from residential, commercial, industrial,
municipal, and transportation land uses and activities.
Program N4.10.1: Monitor and implement practices for reducing water pollution.
Examples include state-of-the-art best management practices (BMPs), land use planning
approaches and construction of modern stormwater management facilities.
Stakeholder Engagement
This project is funded entirely by Caltrans. The project design and construction will be reviewed
by the Storm Water Management Oversight Committee.
Litter and trash control are top priorities in the City. A Citywide survey in late 2020 showed that
75 percent of respondents cited pollution in creeks and the Bay as a top environmental
concern, ranking it third, just behind air quality and climate change.
Environmental Review
The installation of a trash capture device is categorically exempt from the California
Environmental Quality Act (CEQA) under Section 15301(b) of the CEQA guidelines as a negligible
expansion of use of a publicly owned utility, and no further environmental review is necessary.
Attachments:
• Attachment A: City of Palo Alto Resolution for CIA
• Attachment B: Cooperative Implementation Agreement (CIA) with CA Department of
Transportation
Attachment A
JB05202021
*Not Yet Approved*
Resolution No. ____
A Resolution of the City Council of the City of Palo Alto Authorizing the City
Manager to Enter into a Cooperative Implementation Agreement with Caltrans
to Receive Reimbursement Grant Funds for Design and Construction of the
Embarcadero Trash Capture Device Project
R E C I T A L S
A.The City of Palo Alto (City) is subject to pollutant load reduction requirements of the San Francisco
Bay Municipal Stormwater Regional Permit (Order N. R2-2015-0049) and PCBs and Mercury Total
Maximum Daily Loads adopted by the San Francisco Bay Regional Water Quality Control Board.
B. The City’s Project will construct a large trash capture device to treat stormwater runoff from the
drainage area capturing runoff from the CA Department of Transportation (Caltrans) Right-of-Way
and City Right-of-Way.
C.This Project will allow the City and Caltrans to receive credit for reducing trash, PCBs and mercury
loads to the San Francisco Bay.
D.Caltrans has agreed to reimburse City in an amount not to exceed $613,000 Dollars for the design
and construction of the Project Facilities, within the regional area under the jurisdiction of the
City to comply with the Total Maximum Daily Loads (TMDL).
E.In order to be reimbursed, City is required to enter into a “Cooperative Implementation
Agreement” with Caltrans, pursuant to California Streets and Highways Code Sections 114 and
130, providing for the design and construction of the Project facilities, maintenance obligations,
and reimbursement procedures.
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JB05202021
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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Palo Alto does hereby
authorize the City Manager, or designee, to execute a Cooperative Implementation Agreement with
Caltrans to receive reimbursement grant funds for the design and construction of the Embarcadero Trash
Capture Device Project, along with all implementing documents.
PASSED AND ADOPTED, at a meeting of the City Council of the City of Palo Alto held on the ___
day of ___, 2021 by the following vote:
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
___________________________ __________________________
City Clerk Mayor
APPROVED AS TO FORM:
___________________________ __________________________
City Attorney or Designee City Manager
__________________________
Director of Public Works
City of Palo Alto CIA No. D43CIASCL000X Page 1 of 13
COOPERATIVE IMPLEMENTATION AGREEMENT
THIS AGREEMENT, ENTERED INTO EFFECTIVE ON [June, XX, 2021], (the EFFECTIVE DATE) is between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS and the City of Palo Alto, a body politic and a municipal corporation (chartered City) of the State of California, referred to herein as AGENCY.
CALTRANS and AGENCY are together referred to as PARTIES.
RECITALS
1. CALTRANS and AGENCY, pursuant to California Streets and Highways Code (SHC) Sections 114 and 130, are authorized to enter into a Cooperative Agreement for improvements to the State Highway System (SHS) as a watershed stakeholder within
AGENCY’s jurisdiction.
2. As per Attachment IV of the Caltrans National Pollutant Discharge Elimination Permit Order 2012-0011-DWQ (NPDES Permit), Section I.A, CALTRANS and AGENCY may collaboratively implement the NPDES Permit requirements as they have been identified as stakeholders in the Total Maximum Daily Load (TMDL) or contain Significant Trash
Generating Areas (STGA) for Embarcadero Road Trash Capture Project (hereinafter referred to as “PROJECT”). CALTRANS has agreed to contribute an amount not to exceed Six Hundred And Thirteen Thousand Dollars ($613,000) to AGENCY for AGENCY to construct the PROJECT, within the regional area under the jurisdiction of AGENCY to comply with the TMDL or to treat STGAs. The NPDES Permit (including Attachment IV)
is located at: www.waterboards.ca.gov/water_issues/programs/stormwater/caltrans.html
3. AGENCY has agreed to implement the PROJECT subject to the terms and conditions of this Agreement including all documents attached hereto that are incorporated herein and hereby made a part of this Agreement (collectively referred to as the AGREEMENT).
4. AGENCY will be responsible for all management, maintenance and operations, including costs of the constructed PROJECT.
5. The SWRCB will credit CALTRANS with one (1) Compliance Unit (CU) for each Eighty-Eight Thousand Dollars ($88,000) paid to AGENCY. A compliance unit is defined as one
(1) acre of CALTRANS’ Right-of-Way (ROW) from which the runoff is retained, treated,
and/or otherwise controlled prior to discharge to the relevant reach. The financial equivalent as submitted by CALTRANS is One Hundred Seventy-Six Thousand Dollars ($176,000) per CU. The SWRCB is encouraging collaborative efforts and Cooperative Implementation Agreements to reduce pollutants in TMDL and STGA watersheds and uses
a 50% discount for CU in dollars contributed to the Cooperative Implementation. This sets
the CU equivalent at Eighty-Eight Thousand Dollars ($88,000).
6. For NPDES Permit compliance, CALTRANS will claim a percentage of PROJECT pollutant waste load reductions granted by the San Francisco Regional Water Quality Control Board for the PROJECT equal to the percentage of total PROJECT cost
contributed by CALTRANS or the waste load allocation assigned to CALTRANS for the
PROJECT watershed, whichever is less. CALTRANS intends to use the PROJECT waste
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load reductions to demonstrate equivalent load reductions required to meet its TMDL waste load allocations.
7. Cooperative implementation has the following advantages: cooperative implementation (i)
allows for water quality improvement projects off the ROW, at locations that may otherwise have space, access, or safety limitations within the ROW; (ii) provides for the involvement of local watershed partners who have an interest and expertise in the best way to protect, manage, and enhance water quality in the watershed; (iii) allows for
implementation of Best Management Practices (BMPs) and other creative solutions not
typically available to CALTRANS; (iv) allows for larger watershed-scale projects; and (v) leverages resources from other entities.
8. All services performed by AGENCY pursuant to this AGREEMENT are intended to be performed in accordance with all applicable Federal, State and AGENCY laws, ordinances,
and regulations, and with CALTRANS published manuals, policies, and procedures. In
case of a conflict between Federal, State and AGENCY laws, ordinances, or regulations, the order of precedence applicability of these laws shall be Federal, State and then AGENCY laws and regulations, respectively.
9. CALTRANS share of PROJECT funding is as follows:
FUND TITLE FUND SOURCE DOLLAR AMOUNT
SHA State of California $613,000
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SECTION I All sections of this AGREEMENT including the recitals are enforceable.
1. AGENCY has agreed to implement the PROJECT in accordance with Attachment II-
SCOPE SUMMARY. The SCOPE SUMMARY that is attached to and made a part of this AGREEMENT defines in detail the PROJECT’s scope of work, description, schedule, location and budget.
2. AGENCY will be responsible for all management, maintenance and operations, including
costs of the constructed PROJECT.
3. AGENCY will develop and construct the PROJECT in accordance with the applicable laws, policies, practices, procedures and standards. This applies to all procurements, including land acquisitions, licenses and permits.
4. AGENCY shall prepare initial engineering and geotechnical assessments, and detailed design
as well as acquire environmental reviews and right of way (ROW) needed for the PROJECT.
This work is equivalent to CALTRANS process of Project Initiation Document (PID), Project Approval & Environmental Document (PA&ED) and Plans, Specification and Estimate (PS&E). AGENCY will pay for, coordinate, prepare, obtain, implement, renew, and amend all permits needed to complete the PROJECT. AGENCY will prepare CEQA environmental
documentation to meet California Environmental Quality Act (CEQA) requirements.
5. AGENCY will advertise, open bids, award, and approve the construction contract in accordance with the California Public Contract Code and the California Labor Code and will be responsible for the administration, acceptance, and final documentation of the construction contract.
6. CALTRANS shall reimburse AGENCY for actual costs of the PROJECT not exceeding the
amount set forth in Section 8 below.
7. CALTRANS shall have the right to inspect the PROJECT work to be performed hereunder at any time during its progress and to make final inspection upon completion thereof. Failure of CALTRANS to object within 30 days after final inspection shall indicate satisfactory
performance of this AGREEMENT by AGENCY.
8. The total amount CALTRANS will reimburse to AGENCY pursuant to this AGREEMENT shall not exceed $613,000 (“Contract Sum”). Costs incurred by AGENCY for PROJECT work under this AGREEMENT in excess of the Contract Sum will be borne by AGENCY. It is understood and agreed that this AGREEMENT fund limit is an estimate and that CALTRANS
will only reimburse the cost of services actually rendered as authorized by the CALTRANS
Contract Manager or designee at or below the fund limitation amount set forth in this AGREEMENT and in accordance with the Budget included in Attachment II.
9. All administrative draft and administrative final reports, studies, materials, and documentation relied upon, produced, created or utilized for the PROJECT will be held in
confidence to the extent permitted by law, and where applicable, the provisions of
California Government Code section 6254.5(e) shall govern the disclosure of such documents in the event said documents are shared between the PARTIES. Parties will not distribute, release, or share said documents with anyone without prior written consent of the
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party authorized to release said documents except: (i) to employees, agents, and consultants
who require access to complete the work described within this AGREEMENT; or (ii)
where release is required or authorized by law.
10. HM-1 is defined as hazardous material (including but not limited to hazardous waste) that requires removal and disposal pursuant to Federal or State law, whether it is disturbed by the PROJECT or not. HM-2 is defined as hazardous material (including but not limited to
hazardous waste) that may require removal and disposal pursuant to Federal or State law,
only if disturbed by the PROJECT.
11. CALTRANS, independent of the PROJECT costs, is responsible for any HM-1 found within existing CALTRANS ROW. CALTRANS will undertake HM-1 management activities with minimum impact to the PROJECT schedule and will pay all costs associated
with HM-1 management activities.
12. CALTRANS has no responsibility for management activities or costs associated with HM-1 found outside the CALTRANS existing ROW. AGENCY, independent of PROJECT costs, is responsible for any HM-1 found within PROJECT limits outside existing CALTRANS ROW, and will pay, or cause to be paid, all costs associated with HM-1
management activities. AGENCY will undertake, or cause to be undertaken, HM-1
management activities with minimum impact to the PROJECT schedule.
13. If HM-2 is found within the limits of the PROJECT, the AGENCY responsible for advertisement, award, and administration (AAA) of the PROJECT construction contract will be responsible for HM-2 management activities. Any management activity cost
associated with HM-2 is a PROJECT construction cost.
14. This AGREEMENT may only be amended or modified by mutual written agreement of the PARTIES.
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SECTION II- GENERAL PROVISIONS
1. TERMINATION
A. This AGREEMENT may be terminated by the PARTIES upon mutual written agreement. In the event of a termination CALTRANS will reimburse AGENCY all allowable, authorized, and non-cancelable obligations and costs incurred by AGENCY prior to the termination.
B. CALTRANS reserves the right to terminate this AGREEMENT before the AGENCY awards the PROJECT construction contract or begins to do project work. CALTRANS will reimburse AGENCY reasonable, allowable, authorized and non-cancelled costs up to the date of termination that are attributable to the PROJECT.
C. This AGREEMENT will terminate upon completion of PROJECT when all PARTIES have met all scope, cost, and schedule commitments included in this AGREEMENT and have signed a closure statement, which is a document signed by the PARTIES that verifies the completion of PROJECT, except that all indemnification, document retention, audit, claims, environmental commitment, pending legal challenge, hazardous material, operation, maintenance and ownership provisions of this AGREEMENT will remain in effect until terminated or modified by mutual written agreement.
D. AGENCY has sixty (60) days after the date this AGREEMENT is terminated or expires, or
such other time agreed upon in writing by the PARTIES, to submit invoices to CALTRANS to make final allowable payments for PROJECT costs in accordance with the terms of this AGREEMENT. Failure to submit invoices within this period may result in a waiver by AGENCY of its right to reimbursement of expended costs.
2. BUDGET CONTINGENCY CLAUSE
All obligations of CALTRANS under the terms of this AGREEMENT are subject to the
appropriation of resources by the Legislature, and the State Budget Act authority. It is mutually agreed that if the State Legislature does not appropriate sufficient funds for the program, this AGREEMENT shall be amended if possible to reflect any reduction in funds, but nothing herein obligates the PARTIES to provide additional funding or proceed if sufficient funding is
unavailable.
3. ALLOWABLE COST, PAYMENTS AND INVOICING
A. The method of payment for this AGREEMENT will be based on actual allowable costs.
CALTRANS will reimburse AGENCY for expended actual allowable direct costs and indirect costs, including, but not limited to labor costs, employee benefits, travel (overhead is reimbursable only if the AGENCY has an approved indirect costs allocation plan) and contracted consultant services costs incurred by AGENCY in performance of the PROJECT work, not to exceed the Contract Sum of the PROJECT.
B. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in the performance of the PROJECT work. AGENCY must not only have incurred the expenditures on or after the EFFECTIVE DATE of this
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AGREEMENT and before the date it is terminated or expires, but must have also paid for those costs to claim any reimbursement.
C. PARTIES will agree upon CALTRANS’ annual reimbursement of the PROJECT costs, throughout its duration. Total reimbursement will not exceed the Contract Sum (as defined in Section I above). The encumbered funds are to be expended and invoiced to CALTRANS by AGENCY by May 1 of the third fiscal year from the fiscal year CALTRANS encumbered them. Any funds encumbered, but not expended by the end of the
third fiscal year, will not be reimbursed to AGENCY by CALTRANS.
D. Travel, per diem, and third-party contract reimbursements are PROJECT costs only after those hired by AGENCY to participate in the PROJECT incur and pay those costs. Payments for travel and per diem will not exceed the rates paid rank and file state employees under current California Department of Human Resources rules current at the EFFECTIVE DATE of this AGREEMENT.
E. CALTRANS will reimburse AGENCY for all allowable PROJECT costs no more frequently and no later than monthly in arrears and as promptly as CALTRANS fiscal procedures permit upon receipt of itemized signed invoices. Invoices shall reference this AGREEMENT Number and shall be signed and submitted electronically to the Contract Manager at the following address:
anand.maganti@dot.ca.gov cc: kriti.uppal@dot.ca.gov
If electronic submittal is not possible, mail invoice to:
California Department of Transportation
Division of Environmental Analysis – Fiscal Analysis Unit, MS 27
1120 N Street, Sacramento, CA 95814-5680
F. Invoices shall include the following information:
1) Invoice Cover Sheet The invoice cover sheet summarizes the previous, current and total amounts billed for the AGREEMENT. Details included on the cover sheet are:
a. “INVOICE” near top of page
b. Invoice Date
c. Contract Number (D43CIAxx000x)
d. Invoice Number [minimum format: City Initials-3-digit Invoice Number (XXX-
001)]
e. Billing period (performance period), specified with beginning and ending dates
(towards top of page). All work performed must be during the billing period.
Invoice billing periods must not overlap.
f. Brief description of the work performed
g. Summary of total dollar amount billed to date
i. Previous month invoice balance
ii. Amount billed this month
iii. Total amount billed including current invoice amount
h. Total amount due
i. Summary of charges
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i. AGENCY (municipality) labor costs
ii. Sub-Vendor labor costs (consultant)
iii. Sub-vendor direct costs (materials, equipment, miscellaneous itemized
costs)
iv. Other direct costs
j. Discounts (if applicable)
k. Remittance information including name and address [MUST match Payee Data
Record Declaration of Business Location (Form FA-204) submitted at contract
execution or on file]
l. AGENCY Contract Manager’s name, address and phone number
m. AGENCY Contract Manager’s signature and signature block
n. CALTRANS Contract Manager’s name and address
o. CALTRANS Contract Manager’s signature block.
2) Invoice and Supports
All invoice charges must match the rates on the contract cost proposal and personnel request. (Changes in billing rates must be approved before billing.) The CALTRANS’ Contract Manager must be provided invoices or other documentation with sufficient
detail to verify the charges are allowable under this AGREEMENT with sufficient
support to allow them to verify charges. Supporting documentation, such as receipts, is required for all costs included on the invoice that are not for hourly or sub-contract labor.
AGENCY labor charges need to show person’s name, hours worked, billing rate and brief description of work performed. Supporting documents (timesheet or payroll report)
need to be provided. These documents need to include:
a. Name (first and last) b. Hours charged c. Brief description -- identify the work is for the project funded by the Cooperative
Implementation Agreement
d. Month, day and year of the charges (must be within the billing period) e. Worker and supervisor’s signatures (Exceptions can be made for electronic timesheets.) All overtime must be approved in advance by the CALTRANS Contract Manager.
Direct costs (such as material costs, vehicle rental) are reimbursable. These costs need
to be verified, therefore, a copy of the receipt, paid purchase order or other documentation that shows the items and cost needs to be attached to the invoice.
AGENCY personnel travel costs may be reimbursed according to the Consultant and Contractor travel guidelines located on the CALTRANS’ website at:
www.dot.ca.gov/hq/asc/travel/ch12/1consultant.htm. The Travel Expense Claim (TEC)
form is available at: www.dot.ca.gov/hq/asc/travel/ch5/1tec.htm.
Subcontractor costs are reimbursed after providing a copy of the paid invoice. This invoice needs to show that the AGENCY contract manager reviewed and approved the
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payment. CALTRANS requires its vendors to submit proof of costs incurred, such as
timesheet or payroll records, travel reimbursement form (that includes the reason and
dates for travel) with receipts, receipts for materials, lab services or other items) and CALTRANS assumes the AGENCY has similar requirements that are documented.
3) Progress Reports
Each invoice needs to be accompanied by a progress report for the billing period. This
report includes:
a. Work performed during the billing period (can be in a bullet format)
b. Contract progress estimate -- percentage of work completed (not dollar based)
c. Work anticipated during the next billing cycle (can be in a bullet format)
d. Total amount spent during the billing period (AGENCY personnel, AGENCY
direct costs, subcontractor costs and total)
e. Total amount spent to date (AGENCY, subcontractor, total)
f. CIA not to exceed amount
g. Percentage of Cooperative Implementation Agreement (CIA) funds used to date.
[Total (AGENCY and subcontractor)/CIA not to exceed amount)]
4. COST PRINCIPLES
A. If PARTIES fund any part of PROJECT with state or federal funds, each PARTY will comply, and will ensure that any sub-recipient, contractor or subcontract hired to participate in PROJECT will comply with the federal cost principles and administrative requirements
of 2 CFR, Part 200. These principles and requirements apply to all funding types included
in this AGREEMENT.
B. Any PROJECT costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Title 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within thirty (30) days of discovery
or demand, or within such other period as may be agreed in writing between the PARTIES hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS.
C. The PARTIES will maintain and make available to each other all PROJECT related documents, including financial data, during the term of this AGREEMENT. PARTIES will
retain all PROJECT-related records for three (3) years after the final payment voucher.
5. INDEMNIFICATION
Neither CALTRANS nor any officer or employee thereof is responsible for any injury,
damage, or liability occurring by reason of anything done or omitted to be done by AGENCY,
its contractors, sub-contractors, and/or its agents under or in connection with any work,
authority, or jurisdiction conferred upon AGENCY under this AGREEMENT. It is understood
and agreed that AGENCY, to the extent permitted by law, will defend, indemnify, and save
harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of
every name, kind, and description brought forth under, but not limited to, tortious, contractual,
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inverse condemnation, or other theories and assertions of liability occurring by reason of
anything done or omitted to be done by AGENCY, its contractors, sub-contractors, and/or its
agents under this AGREEMENT.
6. RETENTION OF RECORDS/AUDITS
A. AGENCY, its contractors, subcontractors and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred PROJECT costs. The accounting system of AGENCY, its contractors, all subcontractors, and sub-
recipients shall conform to Generally Accepted Accounting Principles (GAAP), shall
enable the determination of incurred costs at interim points of completion, and shall provide support for reimbursement payment vouchers or invoices. All books, documents, papers, accounting records and other supporting papers and evidence of performance under this AGREEMENT of AGENCY, its contractors, subcontractors and sub-recipients connected
with PROJECT performance under this AGREEMENT shall be maintained for a minimum
of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government during business hours with appropriate notice. Copies thereof will be furnished by AGENCY, its contractors, its
subcontractors and sub-recipients upon receipt of any request made by CALTRANS or its
agents. In conducting an audit of the costs under this AGREEMENT, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used
by CALTRANS when planning and conducting additional audits.
B. AGENCY, its sub-recipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other AGENCY of the State of California designated by CALTRANS,
for the purpose of any investigation to ascertain compliance with this AGREEMENT.
C. This AGREEMENT shall be subject to a pre-award audit prior to execution of the AGREEMENT to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs.
D. CALTRANS, the state auditor, and the Federal Government, (if the PROJECT utilizes
federal funds), will have access to all PROJECT-related records held by AGENCY or by
any party hired by AGENCY to participate in PROJECT.
E. The examination of any records will take place in the offices and locations where said records are generated and/or stored and will be accomplished during reasonable hours of operation.
F. Upon completion of the final audit, AGENCY has thirty (30) calendar days to refund or
invoice as necessary in order to satisfy the obligation of the audit.
City of Palo Alto CIA No. D43CIASCL000X Page 10 of 13
7. DISPUTES
A. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level.
If they cannot resolve the dispute themselves, the CALTRANS Chief Environmental Engineer and the executive officer of AGENCY will attempt to negotiate a resolution.
B. If PARTIES do not reach a resolution, AGENCY’s legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs.
C. Neither the dispute nor the mediation process relieves PARTIES from full and timely
performance of the PROJECT in accordance with the terms of this AGREEMENT. However, if either PARTY stops fulfilling PROJECT obligations, the other PARTY may seek equitable relief to ensure that the PROJECT continues.
D. Except for equitable relief, no PARTY may file a civil complaint until after mediation, or
45 calendar days after filing the written mediation request, whichever occurs first.
E. PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS district office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located. The prevailing PARTY will be entitled to an award of all costs, fees, and expenses, including reasonable attorney
fees as a result of litigating a dispute under this AGREEMENT or to enforce the provisions
of this article including equitable relief.
F. Additional Dispute Remedies. PARTIES maintain the ability to unanimously pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.
8. RELATIONSHIP OF PARTIES
It is expressly understood that this AGREEMENT is an agreement executed by and between two independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.
9. NOTIFICATION OF PARTIES
A. AGENCY: Pam Boyle Rodriguez, Stormwater Compliance Program Manager, e-mail: pamela.boylerodriguez@cityofpaloalto.org, Phone:(650) 329-2421.
B. CALTRANS: Anand Maganti, Stormwater Coordinator, e-mail: anand.maganti@dot.ca.gov, Phone:(916) 210-9849.
C. All notices herein provided to be given, or which may be given, by either party to the
other, shall be deemed to have been fully given when made in writing and received by the PARTIES at their respective addresses:
City of Palo Alto Pam Boyle Rodriquez
2501 Embarcadero Way, Palo Alto, 94303
California Department of Transportation Division of Environmental Analysis - MS 27
City of Palo Alto CIA No. D43CIASCL000X Page 11 of 13
Attention: [Anand Maganti]
1120 N Street, Sacramento, CA 95814-5680
City of Palo Alto CIA No. D43CIASCL000X Page 12 of 13
SECTION III ATTACHMENTS
The following attachments are incorporated into and are made a part of this AGREEMENT by this reference and attachment.
I. AGENCY Resolution, Certification of Approval, order, motion, ordinance or other similar document from the local governing body authorizing execution of the AGREEMENT.
II. Scope of Work, Description, Schedule, Location and Budget.
SECTION IV- SIGNATURES
Signatories may execute this AGREEMENT through individual signature pages provided that each
signature is an original. This AGREEMENT is not fully executed until all original signatures are
attached. PARTIES are empowered by California Streets and Highways Code (SHC) sections 114 and 130 to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and covenant to have followed all the necessary legal requirements to validly execute this AGREEMENT.
STATE OF CALIFORNIA City of Palo Alto DEPARTMENT OF TRANSPORTATION
Signature: Signature:
Print Name: ANAND MAGANTI Print Name: Ed Shikada
Title: Stormwater Coordinator Title: City Manager
Date: Date:
Signature:
Print Name: HARDEEP TAKHAR
Title: Acting Assistant Chief, Division of Environmental
Analysis
Date:
Signature: :
Print Name: PHIL STOLARSKI
Title: Chief, Division of Environmental Analysis
Date:
ATTACHMENT I: City of Palo Resolution
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ATTACHMENT II
SCOPE SUMMARY
City of Palo Alto Embarcadero Trash Capture Device Project
Introduction
The Embarcadero Trash Capture Device Project (Project) is designed to treat a total drainage area of
189.3 acres, which includes 168.8 acres of City of Palo Alto (City) right‐of‐way (ROW) and 20.5 acres
of Significant Trash Generating Area (STGA) in CA Department of Transportation (Caltrans) ROW. The
City will receive 100% reduction credit for this drainage area, increasing City‐wide trash reduction
from 80% to 85%, a significant increase toward the trash reduction permit requirement. Caltrans will
also receive compliance credits for trash reduction for the Caltrans drainage area and for providing
funding toward this Project. In addition to trash, the Project will also remove PCBs and Mercury Total
Maximum Daily Load (TMDL) pollutants from stormwater runoff.
Background
Caltrans is required by the State Water Resources Control Board (State Water Board) to address trash
generated in their right‐of‐way (ROW). Caltrans’ State Stormwater Permit issued by the State Water
Board allows Caltrans to partner with local municipalities by providing funding for regional water
quality treatment facilities in significant trash generating areas (as identified in the Caltrans Statewide
Trash Implementation Plan). Caltrans receives trash reduction compliance credits for contributions
to regional projects.
The City of Palo Alto (City) is required to comply with the San Francisco Bay Municipal Regional
Stormwater NPDES Permit (Order R2‐2015‐0049), also known as the Municipal Regional Permit (MRP).
The MRP outlines various requirements for protecting the City’s storm drain system and local
receiving waters from pollutants commonly found in urban stormwater runoff, including trash and
other priority pollutants like PCBs and mercury. The MRP requires that the 76 Permittees (including
the City) meet the goal of 100 percent trash load reduction, or no adverse impact to receiving waters
from trash, by July 1, 2022. This deadline is expected to be extended to July 1, 2025 in the next MRP.
In addition, the MRP requires Permittees to address significant PCB and mercury load reductions to
the San Francisco Bay each permit term per the Total Maximum Daily Loads adopted by the San
Francisco Bay Regional Water Quality Control Board. Water quality objectives were established in
each TMDL to protect beneficial uses of the San Francisco Bay. PCB and mercury concentrations are
highly associated with sediments, leading to bioaccumulation and biomagnification along the food
chain. Consequently, the consumption of some fish in San Francisco Bay can be a threat to human
health given the elevated levels of PCBs and mercury in fish tissue. This TCD will not only capture
trash but also reduce PCB and mercury pollutant loads by capturing sediment.
Project Details
The Project is located in front of the City’s Baylands Golf Links at the end of Embarcadero Road east
of Highway 101 (Figures 1 & 2). This location has been preliminarily identified as an adequate site
location with limited site constraints, as the City intends to avoid trees, overhead powerlines, and
utilities. The contributing drainage area ‐ made up of the following land use classifications: old
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commercial/City transportation; new urban; open space (section of Baylands Golf Links); and
Caltrans transportation (section of Highway 101 and two cloverleafs) ‐ totals 189.3 acres. The total
drainage area includes 168.8 acres of City ROW and 20.5 acres of Significant Trash Generating Area
(STGA) in CA Department of Transportation (Caltrans) ROW (Figure 3). In addition, this Project will
reduce approximately 0.64 grams of PCBs (0.50 grams from the City’s jurisdictional area and 0.14
grams from Caltrans) and 1.76 grams of mercury (1.60 grams from the City and 0.16 grams from
Caltrans) from the drainage area1.
The proposed Project will consist of installing a large TCD, either a debris separating baffle box
(DSBB) or nutrient separating baffle box (NSBB) within the existing City storm drain pipeline located
in front of the Golf Links parking lot nearby Embarcadero Road. Both the BioClean DSBB and the
OldCastle NSBB devices are considered herein near‐equal products. The devices are approved by
the State Water Board as full trash capture and provide 100% capture efficiency. They are
rectangular vaults with metal cages to capture trash and sumps with baffles to capture sediment.
Both also include hydrocarbon booms to capture floating PCBs and oils. The boxes will be installed
in‐line with the storm drain system. Flow will enter the structure; trash will be caught in the cage
while sediment will settle in the baffled sump. After passing by the floating hydrocarbon boom, the
clean flow will exit the system and continue downstream. Maintenance is performed through
hatches or manholes at the top of the unit using a vactor truck.
There is potentially high groundwater as the system is consistently partially full; therefore, it is
necessary to have slide gates for maintenance. This will allow the device to be maintained without
dewatering the entire storm drain system. Due to high water levels, it is assumed dewatering during
construction will also be necessary.
The Project will require encroachment permits for investigative work, and construction dewatering
approval from the City. No environmental permits should be required, as the Project is anticipated
to qualify for CEQA Categorical Exemption.
1 Load reduction estimates based on methodology used in Source Control Load Reduction Accounting for Reasonable Assurance
Analysis (BASMAA 2020). Load reductions to be confirmed when project commences.
3
Figure 1. Watershed View of TCD Location
Figure 2. Up‐Close View of Approximate TCD Location (TCD to be placed in‐line of storm drain system in the grassy area shown in
image)
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Figure 3. Project Drainage Area totals 189.3 acres: 168.8 acres of City ROW and 20.5 acres of Significant Trash Generating Area
in Caltrans ROW
Cost Estimate
The total Project cost for design and construction is estimated to range from $598,000 to $613,000,
depending on the type of trash capture device that is installed (to be determined by consulting with
pertinent City staff during the design phase) based on additional information obtained during the
final design process. Caltrans will fund both the construction and final design phases regardless of
which type of trash capture device is installed, with the City of Palo Alto funding the long‐term
operations and maintenance (estimated at a total of $272,000 over 50 years).
The following planning‐level cost estimate has been prepared through a preliminary cost estimate by
consulting firm, Schaaf & Wheeler. These estimates consider the costs associated with design,
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preparation of a Stormwater Pollution Prevention Plan, excavation, shoring, construction dewatering,
construction, construction administration and inspections, contingency, bonding, and mobilization.
Land acquisition is not necessary for this Project. Cost estimates do not include staff time or any
equipment that may be used by the City during the Project.
The Project costs are broken down in the next three tables based on design and construction. Table
1 provides a general overview of costs for the final design and construction administration. Tables 2
and 3 provide the conceptual construction costs for both device types (OldCastle NSBB and BioClean
DSBB, respectively). There is little difference between the two construction options, and final design
will relative costs will be based on market rates at time of construction and bidding. Actual costs may
vary from these estimates, as additional information is needed for the final design and construction.
Table 1. Overview of Final Design Costs2
Table 2. Conceptual Construction Cost Estimate using Oldcastle's NSBB2
2 Notes: This estimate of construction cost is a professional opinion, based upon the engineer's experience with the design and
construction of similar projects. It is prepared only as a guide and is based upon incomplete information. The estimate is subject
to change. Schaaf & Wheeler makes no warranty, whether expressed or implied, that the actual costs will not vary from these
estimated costs and assumes no liability for such variances. This estimate specifically excludes any costs associated with
designing for, handling and disposal of hazardous wastes and contaminated materials. Costs associated with land, right‐of‐way,
or easement purchase are not included. Permitting costs are excluded.
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Table 3. Conceptual Construction Cost Estimate using Bio Clean's DSBB2
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Project Schedule
A detailed Project schedule is included below (Figure 4). It is estimated that design will take approximately six
months from kick‐off to Council Approval of the final Bid Set. Construction bidding and award are
anticipated to last three months. Construction is estimated to take a total of three months from notice to proceed
and occur entirely in the dry season.
Figure 4. Project Schedule