HomeMy WebLinkAboutStaff Report 2403-2713CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, June 17, 2024
Council Chambers & Hybrid
4:00 PM
Agenda Item
24.Adoption of a Resolution Approving an Initial Study/Mitigated Negative Declaration for
Citywide Implementation of Fiber-to-the-Premises Project (FTTP), Including the
Mitigation, Monitoring and Reporting Program; Approval of Purchase Order No.
4524000496 With Thermo Bond Buildings in an Amount Not to Exceed of $339,076 for
the Design, Build and Delivery of a Modular Building “Fiber Hut“; Authorization for the
City Manager or Their Designee to Negotiate and Execute Change Orders in the Amount
Not-to-Exceed of $31,384 for Related Additional but Unforeseen Work That may
Develop During the Project, for a Total Not-to-Exceed Amount of $370,460 with Thermo
Bond Buildings.
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: June 17, 2024
Staff Report: 2403-2713
TITLE
Adoption of a Resolution Approving an Initial Study/Mitigated Negative Declaration for Citywide
Implementation of Fiber-to-the-Premises Project (FTTP), Including the Mitigation, Monitoring
and Reporting Program; Approval of Purchase Order No. 4524000496 With Thermo Bond
Buildings in an Amount Not to Exceed of $339,076 for the Design, Build and Delivery of a Modular
Building “Fiber Hut“; Authorization for the City Manager or Their Designee to Negotiate and
Execute Change Orders in the Amount Not-to-Exceed of $31,384 for Related Additional but
Unforeseen Work That may Develop During the Project, for a Total Not-to-Exceed Amount of
$370,460 with Thermo Bond Buildings.
RECOMMENDATION
Staff recommends that Council take the following actions regarding Fiber-to-the-Premises (FTTP)
Capital Improvement Project (CIP) (FO-24000):
1) Adopt the Resolution (Attachment A) Approving the Final Initial Study/Mitigated Negative
Declaration for the Fiber to the Premises Project, (SCH # 20240500071), Including the
Mitigation, Monitoring and Reporting Plan (Attachment B)
2) Approve and Authorize the City Manager or their designee to execute Purchase Order No.
4524000496 with Thermo Bond Buildings (Attachment C) in the amount of $339,076 for
design, build, and delivery of a Modular Building “Fiber Hut" Including Ancillary
Equipment to House Fiber Networking Equipment and to Serve as an Aggregation Site for
FTTP; and
3) Authorize the City Manager or their designee to negotiate and execute one or more
change orders to the purchase order with Thermo Bond Buildings for related additional
but unforeseen work which may develop during the project in the amount of $31,384; for
a total not-to-exceed contract amount of $370,460.
1 SCH # 2024050007 https://www.cityofpaloalto.org/files/assets/public/v/1/city-manager/communications-
office/palo-alto-fiber/mnd-final-docs/final-initial-study-mitigated-negative-declaration.pdf
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EXECUTIVE SUMMARY
The COVID-19 pandemic emphasized the need for reliable, high-speed, and affordable internet,
which is addressed by the Fiber-to-the-Premises “FTTP” Project (FO-24000). Through the FTTP
project, the City will provide broadband high-speed internet directly to Palo Alto homes and
businesses.
The City, acting as the lead agency, prepared an Initial Study/Mitigated Negative Declaration for
citywide implementation of the FTTP Project. The IS/MND evaluates the complete buildout of all
phases of the project, and includes a Mitigation Monitoring and Reporting Plan to reduce the
environmental impacts associated with the Project to a less than significant level. However, the
project will be built out in phases, and to date, Council has authorized only the Phase 1 buildout
which includes the pilot area. Staff will return to Council for approval of each phase.
At this time, staff is seeking approval of a purchase order for the design, build, and delivery of a
fiber hut. The modular building, the “fiber hut”, will be critical to the fiber infrastructure, housing
essential fiber equipment for FTTP and serving as a local aggregation site. The fiber hut will be
built to City’s specifications measuring approximately 11 feet wide by 20 feet long by 10 feet high
and will be located at the Colorado Substation. The fiber hut will have an air-conditioning unit
mounted on the side of the hut, a fiber-optic cable underground access vault, and a backup
generator. Staff is also seeing authorization for change order funding in the event related
additional but unforeseen work develops.
BACKGROUND
On December 19, 2022, City Council directed staff to proceed with the Fiber Expansion Plan to
implement the Fiber Rebuild project and Phase 1 of the Fiber-to-the-Premises (FTTP) project. In
Phase 1, FTTP would be built out in selected areas of the city, and expanded gradually (Staff
Report ID 148002). Construction of the new fiber backbone in the Fiber Rebuild project and last
mile infrastructure to provide FTTP broadband internet to the community in the FTTP project will
be a significant undertaking for the City.
On June 19, 2023, Council approved the FY 2024 CIP Budget with both the new FTTP project, and
Grid Modernization for Electrification Project. The approval of the electrification project
accelerated efforts to align electrification and fiber construction, which impacted the Fiber
Expansion Plan. Staff was directed to explore opportunities to align the grid modernization
project and projects under the Fiber Expansion Plan to help minimize utility engineering pole
make-ready work, pole replacements, noise disruption, and construction activity in
neighborhoods.
2 Staff Report ID 14800 https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-
reports/reports/city-manager-reports-cmrs/2022/12-19-2022-id-14800.pdf
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On December 18, 20233, to execute on Council’s direction, staff informed Council that a pilot
would be deployed to evaluate how alignment of fiber and grid modernization projects may help
control project costs, minimize construction impacts to the community, and prevent major
delays. Activities essential to the roll-out of the pilot were highlighted as well, such as the
California Environmental Quality Act (CEQA) determination and purchase of a fiber hut.
ANALYSIS
Fiber-to-the-Premises consists of the construction of a fiber optic backbone and fiber distribution
infrastructure to provide communication services throughout the City of Palo Alto. FTTP would
provide municipal high-speed internet service to residences and businesses in Palo Alto.
The proposed project includes the following main components:
1. Installation of approximately 194 miles of fiber optic cables (consisting of about 90 miles
of below-ground installation and 104 miles of aerial installation using existing utility
poles);
2. Installation of approximately two local aggregation sites either inside modular
communications shelters (i.e., fiber huts) or enclosed within existing commercial
buildings;
3. Installation of approximately 4,200 underground utility vaults and 147 aboveground
utility cabinets; and,
4. Fiber internet connections directly to subscribing customers’ homes and/or businesses
(“subscribers”).
The fiber hut is a critical element of the FTTP network design because it serves as the local
aggregation site for up to 15,000 customers. A fiber hut is usually a modular building
(approximately 11’W x 20’L x 10’H) containing communications equipment, racks, power, fire
suppression, and fiber terminations that connects to fiber distribution cabinets throughout the
neighborhoods. Huts may also contain backup generators and HVAC systems to maintain
equipment within its operating environmental specifications, and equipment for electrical needs.
The Colorado substation was selected as an ideal location due to its proximity to the area it serves
and its current use for utilities.
Fiber hut vendors are specialized to design and install these modular buildings customized to the
needs of the fiber network design. As a result, the City works closely with the vendor on the
requirements and hut designs are finalized upon vendor selection.
Procurement Process
City staff posted a formal request for proposals on February 28, 2024 on the City of Palo Alto’s e-
procurement website (OpenGov).
3 December 18, 2023 https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-
reports/reports/city-manager-reports-cmrs/2023/12-11-2023-id-2309-2094.pdf
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Due to the limited number of suppliers and extended lead time (24 – 52 weeks), the City
requested quotes for both new and refurbished fiber huts. The City received two (2) bids. Cell
Site proposed a refurbished hut at a lower price (~$50k less) but staff had concerns about the
durability of the hut due to its age (21 years), previous climate wear and tear, and limited
warranty. Thermo Bond proposed a new hut based on the City’s specifications including the
alternate bid items (DC power distribution system and AC inverter) which are required to provide
power and air conditioning to the hut. Staff recommends the new fiber hut from Thermo Bond
since the hut may potentially be in place for several decades to enable municipal fiber internet
service up to 15,000 customers.
Entitlement Process
A minor architectural review application is required for the proposed hut. Once a design is
developed, City of Palo Alto Utilities would submit a Minor Architectural Review application to
Planning for staff review and the Director’s approval.
FISCAL/RESOURCE IMPACT
Funding for this contract is available in the Fiscal Year 2024 Capital Improvement Plan budget for
the Fiber-To-The-Premises “FTTP“ Capital Project (FO-24000). Additional services of $31,384 is
requested for any unforeseen shipping and crane-off loading services which will depend on the
carrier, location and site layout. The purchase order pricing is not currently guaranteed for these
services. Any unused amount for additional services will be returned to the FTTP CIP project.
STAKEHOLDER ENGAGEMENT
Staff continues to engage with the community on the FTTP and Grid Modernization Projects
primarily through the City’s Finance Committee and Utilities Advisory Commission discussions
which are open to the public to participate and share feedback.
On November 7, 2023, the Finance Committee was updated on the Fiber Master Plan, which
included the pilot program area to align FTTP with the Electric grid modernization project. The
Finance Committee provided feedback on timeline, costs, and alignment of FTTP to grid
modernization (Staff Report #2309-20824). In addition, staff continues to share updates through
the Palo Alto Fiber project webpage5, City communications channels such as social media6,
Medium.com blog7 and interactive Palo Alto Fiber Hub8.
4 Finance Committee staff report 2309-2082, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-
minutes-reports/reports/city-manager-reports-cmrs/2023/11-7-2023_2309-2082-mini-packet.pdf
5 Palo Alto Fiber Webpage, https://www.cityofpaloalto.org/paloaltofiber
6 City Social Media Channels, https://www.cityofpaloalto.org/connect
7 Palo Alto Connect, https://medium.com/@paloaltoconnect
8 Palo Alto Fiber Hub, https://fiber-palo-alto.hub.arcgis.com/
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ENVIRONMENTAL REVIEW
The FTTP Project has been assessed in accordance with the authority and criteria contained in
the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the
environmental regulations of the City. An Initial Study-Mitigated Negative Declaration has been
prepared and was circulated for a 30-day public review beginning on May 1, 2024, and ending on
May 31, 2024. A final IS/MND that incorporated revisions, as appropriate, based on public
comments was published on June 6, 2024. The analysis in the IS/MND includes evaluation of the
fiber hut.
The IS/MND concludes that no significant and unavoidable impacts are anticipated for the
proposed project. Mitigation is incorporated to mitigate potential impacts on air quality,
biological resources, cultural resources, geology and soils, hazards and hazardous materials,
hydrology and water quality, Transportation, and tribal cultural resources to a less than
significant level as detailed in the Resolution in Attachment A and the related Mitigation
Monitoring and Reporting Plan (MMRP) (Attachment B).
The City received five comments letters on the proposed project during the MND circulation
period. These comments were from one member of the public and four responsible agencies for
the proposed project: Caltrans, Valley Water, Santa Clara County, and California Department of
Fish and Wildlife (CDFW). Comments from the member of the public were not related to the
environmental analysis. Comments from the responsible agencies primarily indicated the permits
that would be required for work in certain areas for which they have jurisdiction. Comments from
CDFW recommended additional measures for the protection of Crotch’s Bumble Bee, California
Ridgeway’s Rail and Black Rail. While the City concluded that impacts on these species would be
less than significant, the city has agreed to implement these additional measures to further
reduce impacts on those species. This is detailed further in the Final MND. An e-mail has been
sent to each commenter responding to their comments and, where applicable, indicating where
their comments have been addressed in the Final MND. A link to the Final IS/MND and MMRP
are included in the City of Palo Alto Fiber webpage9
ATTACHMENTS
Attachment A: Resolution Approving the IS/MND for the FTTP Project
Attachment B: Mitigation Monitoring and Reporting Plan
Attachment C: Purchase Order 4524000496 with Thermo Bond Buildings
APPROVED BY:
Dean Batchelor, Director of Utilities
Staff: Dave Yuan, Strategic Business Manager
9City of Palo Alto Fiber Webpage, https://www.cityofpaloalto.org/paloaltofiber
*NOT YET APPROVED* Attachment A
027060524 1
Resolution No.
Resolution of the Council of the City of Palo Alto Adopting the Fiber to the Premises Project
Mitigated Negative Declaration for which an Initial Study was Prepared, in accordance with the
California Environmental Quality Act and Adopting a Related Mitigation, Monitoring and
Reporting Program
R E C I T A L S
A. Prior to the adoption of this Resolution, the City of Palo Alto prepared an Initial
Study and approved for circulation a Mitigated Negative Declaration for the Fiber to the
Premises Project, (the “Initial Study/Mitigated Negative Declaration”) all in accordance with
the requirements of the California Environmental Quality Act of 1970, together with state and
local guidelines implementing said Act, all as amended to date (collectively “CEQA”).
B. The Fiber to the Premises Project analyzed under the Initial Study/Mitigated
Negative Declaration would involve the installation of approximately 194 miles of fiber optic
cables, both below ground and aerial, installation of approximately 4200 underground utility
vaults and 147 aboveground utility cabinets, and installation of approximately two local
aggregation sties either inside modular communication shelters (“fiber huts”) or enclosed
within existing commercial buildings. A more detailed description of the Project is set forth in
the Initial Study/Mitigated Negative Declaration.
C. The draft Initial Study/Mitigated Negative Declaration was made available for
public comment from May 1, 2024 through May 31, 2024.
D. The City of Palo Alto considered the comments received during the public review
period and prepared a final Initial Study/Mitigated Negative Declaration, published June 6, 2024.
E. The Initial Study/Mitigated Negative Declaration concluded that implementation
of the Project could result in a number of significant effects on the environment and identified
mitigation measures that would reduce each of those significant effects to a less-than-significant
level.
F. In connection with the approval of a project involving the preparation of an initial
study/mitigated negative declaration that identifies one or more significant environmental
effects, CEQA requires the decision-making body of the lead agency to incorporate feasible
mitigation measures that would reduce those significant environmental effects to a less-than-
significant level.
G. Whenever a lead agency approves a project requiring the implementation of
measures to mitigate or avoid significant effects on the environment, CEQA also requires the
lead agency to adopt a mitigation monitoring and reporting program to ensure compliance with
the mitigation measures during project implementation, and such a mitigation monitoring and
*NOT YET APPROVED* Attachment A
027060524 2
reporting program has been prepared for the Project for consideration by the decision-making
body of the City of Palo Alto as lead agency for the Project (the “Mitigation Monitoring and
Reporting Program” or “MMRP”).
H. The City of Palo Alto is the lead agency on the Project, and the City Council is the
decision-making body for the proposed approval of the Project.
I. The City Council has reviewed and considered the Initial Study/Mitigated Negative
Declaration and related Mitigation Monitoring and Reporting Program for the Project, together
with comments received on the Initial Study/Mitigated Negative Declaration, and intends to take
actions on the Project in compliance with CEQA and state and local guidelines implementing
CEQA.
J. The Initial Study/Mitigated Negative Declaration and related Mitigation
Monitoring and Reporting Program for the Project are on file at the City of Palo Alto
Development Center, 285 Hamilton Avenue -- Ground Floor Palo Alto, CA 94301, and are
available for inspection by any interested person at that location, and are, by this reference,
incorporated into this Resolution as if fully set forth herein.
The Council of the City of Palo Alto does hereby RESOLVE as follows:
SECTION 1. THE CITY COUNCIL does hereby make the following findings: (1) it has
independently reviewed and analyzed the Initial Study/Mitigated Negative Declaration and other
information in the record and has considered the information contained therein, prior to acting
upon or approving the Project, (2) the Initial Study/Mitigated Negative Declaration prepared for
the Project has been completed in compliance with CEQA and is consistent with state and local
guidelines implementing CEQA, and (3) the Initial Study/Mitigated Negative Declaration
represents the independent judgment and analysis of the City of Palo Alto, as lead agency for the
Project. The City Council designates the Director of Planning and Development Services, at 250
Hamilton Avenue, 5th Floor, Palo Alto, CA 94301, as the custodian of documents and records of
proceedings on which this decision is based.
//
//
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//
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*NOT YET APPROVED* Attachment A
027060524 3
SECTION 2. THE CITY COUNCIL does hereby find that based upon the entire record of
proceedings before it and all information received that there is no substantial evidence that the
Project will have a significant effect on the environment and does hereby adopt the Mitigated
Negative Declaration and related Mitigation Monitoring and Reporting Program prepared for the
Project. The Initial Study/Mitigated Negative Declaration is available for viewing at City of Palo
Alto Development Center, 285 Hamilton Avenue -- Ground Floor, Palo Alto, CA 94301.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Assistant City Attorney City Manager
_____________________________
Director of Planning and Development
Services
Director of Utilities
MITIGATION MONITORING + REPORTING PROGRAM
PROJECT NAME Fiber-to-the-Premises Project SCH
NUMBER
2024050007
APPLICANT
City of Palo Alto Public Works
Utilities Division
250 Hamilton Avenue
Palo Alto, California 94301
DATE May 31, 2024
The Initial Study - Mitigated Negative Declaration (IS-MND) for the Fiber-to-the-Premises Project
identifies mitigation measures that will be implemented to reduce the environmental impacts
associated with the project.
California Environmental Quality Act (CEQA) Section 21081.6 requires a public agency to adopt a
monitoring and reporting program for assessing and ensuring compliance with any required mitigation
measures applied to proposed development. As stated in section 21081.6(a)(1) of the Public Resources
Code, “... the public agency shall adopt a reporting or monitoring program for the changes made to the
project or conditions of project approval, adopted in order to mitigate or avoid significant effects on
the environment.”
Section 21081.6 also provides general guidelines for implementing mitigation monitoring programs
and indicates that specific reporting and/or monitoring requirements, to be enforced during project
implementation, shall be defined as part of adopting a Mitigated Negative Declaration.
The mitigation monitoring table lists those mitigation measures that would be included as conditions
of approval for the project. To ensure that the mitigation measures are properly implemented, a
monitoring program has been devised which identifies the timing and responsibility for monitoring
each measure.
MITIGATION MONITORING + REPORTING PROGRAM
Mitigation Measure
Number Mitigation Measure Text Responsible for
Implementation
Timing of
Compliance
Oversight of
Implementation
AIR QUALITY
AIR-2a As part of the City’s development approval process, the City shall
require applicants for future development projects to comply with the
current BAAQMD basic control measures for reducing construction
emissions of PM10 (Table 8-1, Basic Construction Mitigation Measures
Recommended for All Proposed Projects, of the BAAQMD CEQA
Guidelines).
Applicant or
designee/
Construction
contractor
During
construction
City of Palo Alto
Planning
Department
BIOLOGICAL RESOURCES
BIO-1 If project activities are within 200 feet of rail habitat (tidal and brackish
marshes with unrestricted daily tidal flows) during the nesting season
(February 1 to August 31), then pre-construction call back rail surveys
shall be required prior to initiation of project activities. If rails are
detected through surveys, then project activities shall not occur within
100 feet of an identified detection location. If the activity occurs where
the project site is across a major channel or slough from the project site
greater than 100 feet in distance the activity may continue. If bird
activity is surveyed or discovered within the buffer limits immediate
consultation with CDFW shall be required. If a rail is observed within the
project area during project construction or maintenance work shall be
stopped immediately by a qualified biologist and the rail species shall be
allowed to leave the area on its own. If the rail species does not leave
the area, then no work shall commence until CDFW has determined how
to proceed with work activities. Examples of how CDFW may determine
work activities proceed include installation of a temporary noise barrier
to reduce construction noise or postponing construction in the area until
outside of the nesting season. Daily monitoring surveys of project site
within 200 feet of rail habitat shall occur for rail until project
construction is complete.
Applicant or
designee/
Construction
contractor
Prior to and
during
construction
City of Palo Alto
Planning
Department
City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | 3
Mitigation Measure
Number Mitigation Measure Text Responsible for
Implementation
Timing of
Compliance
Oversight of
Implementation
BIO-2 Prior to initiating construction activities west of Interstate 280 that
involve ground disturbance off existing roadway surfaces, sidewalks,
maintained lawns and landscaping, or existing utility pads, a qualified
biologist or botanist shall conduct a protocol-level survey of the
proposed disturbance area to confirm the absence of special-status
plant species. The survey shall cover the entire area of ground
disturbance and shall occur when above ground plant material is evident
and when identifying features, such as flowers and fruit, are identifiable.
Multiple site visits during the survey season may be necessary to make
observations during the appropriate phenological stage of all special-
status plant species. Protocols for Surveying and Evaluating Impacts to
Special Status Native Plant Populations and Sensitive Natural
Communities (CDFW 2018) shall be used to develop appropriate
protocol-level surveys. If special-status plant species are detected during
the survey, the biologist or botanist shall establish a buffer around the
plant or plants in which no construction or ground disturbance shall
occur. The buffer size or distance shall be at the discretion of the
biologist or botanist based upon review of site-specific conditions (e.g.
special-status plants located downstream or in lower elevational areas
in relation to the impact location, special-status plants being down wind
of earth moving activities, and other conditions). Prior construction or
issuance of construction permits (whichever occurs first) in the
applicable areas west of Interstate 280, the biologist or botanist shall
submit a report indicating the results of the survey and designated
buffer zones to the satisfaction of the City of Palo Alto. Additionally,
prior to construction or issuance of construction permits (whichever
occurs first) a review of protocol-level survey results shall be conducted
to establish appropriate compensatory mitigation ratios specific to each
special-status plant species. Compensatory mitigation ratios shall be
developed based on the biological factors specific to each species and
should be sufficient to compensate for the loss of those species.
Compensatory mitigation ratios shall be approved by CDFW unless
CDFW delegates approval to the City of Palo Alto.
Applicant or
designee/
Construction
contractor
Prior to
issuance of
construction
permits and
during
construction
City of Palo Alto
Planning
Department
BIO-3 Prior to initiating construction activities west of Interstate 280 that
involve ground disturbance off existing roadway surfaces, sidewalks,
maintained lawns and landscaping, or existing utility pads, a habitat
assessment shall be conducted by a qualified entomologist with
knowledge of the life history and ecological requirements of Crotch’s
bumble bee (Bombus crotchii). The habitat assessment shall include
suitable nesting, overwintering, and foraging habitats within the project
area. Potential nest habitat (February through October) could include
that of other Bombus species such as bare ground, thatched grasses,
Applicant or
designee/
Construction
contractor
Prior to
issuance of
construction
permits and
during
construction
City of Palo Alto
Planning
Department
City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | 4
Mitigation Measure
Number Mitigation Measure Text Responsible for
Implementation
Timing of
Compliance
Oversight of
Implementation
abandoned rodent burrows or bird nests, brush piles, rock piles, and
fallen logs. Overwintering habitat (November through January) could
include that of other Bombus species such as soft and disturbed soil or
under leaf litter or other debris. The habitat assessment shall be
conducted during peak bloom period for floral resources on which
Crotch’s bumble bee feed, and shall be based on guidance provided
within Survey Considerations for California Endangered Species Act
(CESA) Candidate Bumble Bee Species (CDFW 2023).
If the habitat assessment identifies suitable nesting, foraging, or
overwintering habitat within the work area, a qualified entomologist
familiar with the species behavior and life history shall perform a
minimum of three on-site surveys within the identified habitat prior to
vegetation removal and/or grading to determine the presence/absence
of Crotch bumble bees. Each survey shall ideally be spaced 2- to 4 weeks
apart during the Colony Active Period (April-–August) (CDFW 2023).
Surveys shall occur during the day (at least an hour after sunrise and at
least two hours before sunset, though ideally between 9:00 a.m. to -
1:00 p.m.) on warm, but not hot, sunny days (65 to 90 degrees
Fahrenheit), with low wind (less than 8 miles per hour). The
entomologist shall take photos of bumble bees or bumble bee resources
observed during the surveys and during the initial habitat assessment.
Where bumble bees have been identified by the qualified entomologist
during the on-site surveys, ground disturbing activities shall be restricted
to the period when bumble bees are active (during the flight period of
listed bee species). No ground disturbance shall occur from November
1st to February 15th to accommodate the overwintering period. If
Crotch’s bumble bee nests are observed on site or ‘take’ could occur, a
50-foot avoidance buffer shall be installed and CDFW shall be notified to
determine next steps for relocation and/or avoidance. If no Crotch
bumble bees are found during the multiple rounds of focused surveys,
but the habitat assessment identified suitable nesting, foraging, or
overwintering habitat within the work area, a biological monitor shall be
onsite during vegetation removal or ground disturbing activities that
take place during the Queen and Gyne Flight Period and Colony Active
Period (April—August).
BIO-4 Prior to the issuance of tree removal, tree trimming, or other
construction and activities or the issuance of project permits (whichever
comes first), the project applicant shall schedule all construction
activities to avoid the nesting season. The nesting season for most birds,
including most raptors in the San Francisco Bay area, extends from
February 1st through August 31st (inclusive). Construction activities
Applicant or
designee/
Construction
contractor
Prior to tree
and
vegetation
removal of
issuance of
construction
permits
City of Palo Alto
Planning
Department
City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | 5
Mitigation Measure
Number Mitigation Measure Text Responsible for
Implementation
Timing of
Compliance
Oversight of
Implementation
include site disturbance such as, but not limited to, tree trimming or
removal, trenching, boring, and drilling.
If construction activities cannot be scheduled between September 1st
and January 31st (inclusive), pre-construction surveys for nesting birds
shall be completed by a qualified ornithologist or biologist to ensure
that no active nests shall be disturbed during construction activities. This
survey shall be completed no more than 14 days prior to the initiation of
construction activities during the early part of the breeding season
(February 1st through April 30th inclusive) and no more than 30 days
prior to the initiation of these activities during the late part of the
breeding season (May 1st through August 31st inclusive). During this
survey, the ornithologist/ biologist shall inspect all trees and other
possible nesting habitats on-site and within 250 feet of the site for
nests.
If an active nest is found within 250 feet of the project area to be
disturbed by construction, the ornithologist/biologist, in consultation
with the California Department of Fish and Wildlife, shall determine the
extent of a construction free buffer zone to be established around the
nest, (typically 250 feet for raptors and 100 feet for other birds), to
ensure that raptor or migratory bird nests shall not be disturbed during
project construction.
Prior to tree removal, or issuance of construction permits (whichever
occurs first), the ornithologist/biologist shall submit a report indicating
the results of the survey and designated buffer zones to the satisfaction
of the City of Palo Alto.
(whichever
comes first)
Buffers, if
applicable, to
continue
during
construction
through
nesting
season
BIO-5 Prior to the trimming or removal of trees, a bat survey shall be
performed by a qualified biologist between March 1 and July 31. If bat
roosts are identified, the bats shall be safely flushed from the sites
where roosting habitat is planned to be removed prior to roosting
season (typically May to August) and prior to the onset of construction
activities. If maternity roosts are identified during the maternity roosting
season (typically May to September) they shall remain undisturbed until
a qualified biologist has determined the young bats are no longer
roosting. If roosting is found to occur onsite, replacement roost habitat
(e.g., bat boxes) shall be provided to offset roosting sites removed. If no
bat roosts are detected, then no further action is required if the trees
are removed prior to the next breeding season. If removal is delayed, an
additional survey shall be conducted 30 days prior to removal to ensure
that a new colony has not established itself.
If impacts to roosts cannot be avoided or activities may cause roost
abandonment, the bats shall be excluded from the roosting site before
Applicant or
designee/
Construction
contractor
Prior to
trimming or
removing
trees and
during
construction
City of Palo Alto
Planning
Department
City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | 6
Mitigation Measure
Number Mitigation Measure Text Responsible for
Implementation
Timing of
Compliance
Oversight of
Implementation
the roost is removed/impacted. Exclusionary materials, including, but
not limited to, expandable foam and steel wool, shall be applied
selectively and as needed until bats have relocated. Bats shall be
excluded from the directly affected work areas prior to April 15 of the
construction year, and exclusionary devices shall be removed between
August 31 and April 15. Exclusion shall occur at dusk to allow bats to exit
during the darker hours.
BIO-6 If a stream crossing cannot be avoided through colocation with existing
infrastructure and requires the use of horizontal directional drilling, the
following measures shall be incorporated into drilling procedures to
avoid or reduce impacts to receiving waters from bentonite release. In
addition, the project applicant shall obtain the necessary agency
approvals for horizontal directional drilling activity, which may include
additional controls/conditions.
1. Horizontal directional drilling staging areas and mud pits shall
be located no closer than 20 feet to riparian zones, wetlands,
creeks, and other surface waters.
2. A horizontal directional drilling foreman shall be present at all
times during drilling operations, regardless of where the
drilling occurs.
3. Geotechnical borings in the horizontal directional drilling
affected areas shall be performed as part of the construction
scope prior to the start of drilling operations. Geotechnical
bore data shall provide information defining proper pipe
depth as dictated by the soil strata characterization.
4. All horizontal directional drilling operations for the proposed
project shall be guided by a tracking system consistent with
best industry practices. The alignment shall be surveyed on
foot by a team of personnel. Temporary surveyor stakes shall
be placed strategically along the alignment to anchor the
tracker wires. The alignment shall be accessed throughout the
drilling operation to monitor for bentonite mud loss.
5. The drill rig operator shall monitor the equipment for loss of
drilling lubricant pressure and volume. Members of the drill
crew shall also monitor the alignment of the drill and visually
inspect for indications of mud loss.
6. The drill rig operator shall monitor the bore hole to keep it
free from obstructions that would inhibit the return of drilling
lubricant to the rig.
Applicant or
designee/
Construction
contractor
Prior to and
during
construction
City of Palo Alto
Planning
Department
City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | 7
Mitigation Measure
Number Mitigation Measure Text Responsible for
Implementation
Timing of
Compliance
Oversight of
Implementation
7. Unless drilling operations are within 1 hour of completion,
drilling shall be limited to the operation times of dawn to 30
minutes prior to dusk.
CULTURAL RESOURCES
CUL-1 An archaeological monitor having either a B.S. or B.A. in archaeology or
related field with at least 1 year of field experience shall be present
during ground disturbing within the work locations listed below. The
monitor shall work under the direct supervision of a qualified
archaeologist having either a M.S. or MB.A. in archaeology or related
field with at least 10 years of experience and demonstrated competence
in archaeological research, fieldwork, reporting, and curation. The
qualified archaeologist shall be on-site at the pre-construction meeting
to discuss monitoring protocols. The archaeological monitor shall be
present full-time during ground disturbance within site locations listed
below, including but not limited to grading, trenching, utilities, and off-
site easements. If, after excavation begins, the qualified archaeologist
determines that the sediments is not likely to produce archaeological
resources, monitoring efforts shall be decreased. The monitor shall be
empowered to temporarily halt or redirect grading efforts if
paleontological resources are discovered. In the event of an
archaeological discovery the monitor shall flag the area and notify the
construction crew immediately. No further disturbance in the flagged
area shall occur until the qualified archaeologist has cleared the area
and announced that construction can resume. In consultation with the
qualified archaeologist, the monitor shall quickly assess the nature and
significance of the find. If the specimen is not significant it shall be
quickly mapped, documented, removed, and the area cleared. If the
discovery is potentially significant the qualified archaeologist shall notify
the construction crew and City of Palo Alto immediately. In consultation
with the City the qualified archaeologist shall develop a plan of
mitigation which will likely include full-time monitoring, salvage
excavation, scientific removal of the find, removal of sediment from
around the specimen (in the laboratory), research to identify and
categorize the find, curation of the find in a local qualified repository,
and preparation of a report summarizing the find. A Native American
representative registered with the Native American Heritage
Commission for the City of Palo Alto and that is traditionally and
culturally affiliated with the project area shall be invited to work
alongside the qualified archaeologist and have the same powers as the
qualified archaeologist.
Applicant or
designee/
Construction
contractor
Prior to and
during
construction
City of Palo Alto
Planning
Department
City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | 8
Mitigation Measure
Number Mitigation Measure Text Responsible for
Implementation
Timing of
Compliance
Oversight of
Implementation
The above mitigation activities shall be applied during construction in
the following areas:
Within the rights-of-ways and adjacent to the rights-of-ways of
West Charleston Avenue and Park Boulevard between West
Charleston Avenue and Edlee Avenue.
The area between Oregon Expressway south to Moreno
Avenue between Ross Road and Middlefield Road.
Within the right-of-way and adjacent to the right-of-way of
Bryant Street within one block north and south of its
intersection with University Avenue.
Within the right-of-way and adjacent to the right-of-way of
University Avenue within one block east and west of its
intersection with Bryant Street.
If cultural resources are uncovered during construction anywhere in the
project area, work shall be halted until the qualified archaeologist can
assess the significance of the find and then apply the actions described
in this mitigation measure, as applicable.
CUL-2 Prior to the initiation of any site preparation and/or start of
construction, the City of Palo Alto Public Works Utilities Division and/or
its construction contractor(s) shall ensure that all project construction
workers receive training overseen by a qualified archaeologist who is
experienced in teaching nonspecialists, to ensure that forepersons and
field supervisors can recognize archaeological resources in the event
that any are discovered during construction. The City of Palo Alto Public
Works Utilities Division and/or its construction contractor(s) shall keep a
log or register to document that all construction workers have received
the training. If potential archaeological resources are observed or
reported by construction workers, the actions described in Mitigation
Measure CUL-1 shall be applied to the resource or resources, as
applicable.
Applicant or
designee/
Construction
contractor
Prior to and
during
construction
City of Palo Alto
Planning
Department
GEOLOGY AND SOILS
GEO-1 If vertebrate fossils are discovered during construction, all work within
50 feet of the site shall stop immediately and the construction contract
shall immediately notify the City of Palo Alto. Before work resumes, a
qualified professional paleontologist shall assess the nature and
importance of the find and recommend appropriate treatment.
Treatment may include, but is not limited to, preparation and recovery
of fossil materials so that they can be housed in an appropriate museum
or university collection and may also include preparation of a report for
Applicant or
designee/
Construction
contractor
During
construction
City of Palo Alto
Planning
Department
City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | 9
Mitigation Measure
Number Mitigation Measure Text Responsible for
Implementation
Timing of
Compliance
Oversight of
Implementation
publication describing the finds. The project applicant shall be
responsible for implementing the recommendations of the qualified
paleontologist. A report of all findings shall be submitted to the City
HAZARDS AND HAZARDOUS MATERIALS
HAZ-1 A Soil Management and Transportation Plan (SMTP) shall be created for
the project to assist construction workers in identifying potentially
hazardous materials and guide the handling, storage, and transportation
of materials excavated during fiber-optic infrastructure installation. The
SMTP will detail the necessary actions to comply with applicable
hazardous materials regulations, some of which include Health and
Safety Code Section 25100 et seq. and Section 25163 et seq., 22 CCR
66263.10 et seq., 13 CCR 1160 et seq., California Vehicle Code Sections
12804 et seq., and 31300 et seq. The SMTP shall establish criteria for
reuse of excavated materials or off-site transport for disposal at
appropriate State-approved facilities. The SMTP shall be reviewed and
approved by the City prior to the issuance of construction permits.
Examples of the types of measures that the plan could include are:
Requirements for field screening to identify potentially
contaminated soil;
Dust mitigation measures for earth moving activities that may
include wetting and other forms of material stabilization;
Procedures for stockpiling and stockpile management to
isolate apparently contaminated materials and minimize
migration of those materials from stockpile areas;
Procedures for stockpile sampling and analysis to characterize
the soil for appropriate transport and disposal; and
Identification of appropriate disposal facilities.
Applicant or
designee/
Construction
contractor
Prior to
issuance of
construction
permits
SMTP to be
implemented
during
construction
City of Palo Alto
Planning
Department
HYDROLOGY AND WATER QUALITY
HYD-1 Fuels and other fluids used for the operation of construction equipment,
shall not be staged or stored within areas that the Federal Emergency
Management Agency have mapped as special flood hazard areas.
Likewise, equipment staging and storage shall not occur within areas
subject to inundation from tsunami or seiche, as mapped by the
California Department of Conservation. Bentonite mud and mud pits
used for horizontal directional drilling shall be exempt from this
mitigation measure because bentonite is non-toxic. Permanent project
features containing fluids, such as the proposed fiber hut at Colorado
Substation, but be raised such that they are above inundation
elevations.
Applicant or
designee/
Construction
contractor
During
construction
and operation
City of Palo Alto
Planning
Department
City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | 10
Mitigation Measure
Number Mitigation Measure Text Responsible for
Implementation
Timing of
Compliance
Oversight of
Implementation
TRANSPORTATION
TRA-1 Prior to project construction, the project applicant or its construction
contractors shall coordinate with the applicable traffic regulatory agency
(City of Palo Alto, County of Santa Clara, and Caltrans) regarding planned
improvements near the fiber-optic facility to limit interference with the
implementation of roadway improvements or trenching in nearly
completed facilities. At a minimum, coordination shall include the
following:
Circulation and detour plans shall be developed by the
applicant to minimize impacts to local street circulation,
including the use of signage and flagging to guide vehicles
through and/or around the construction zone. Circulation and
detour plans must be approved by the City prior to
construction.
To minimize disturbances to traffic, throughout project
construction, the construction staging areas shall be provided
by the applicant and its contractors in locations that are not
within travel lanes or paved shoulders of existing public roads.
Construction staging areas shall not be located at transit stops
or facilities.
A traffic plan shall be prepared by the applicant that
incorporates all of the above measures and any additional
measures required by the City of Palo Alto. The project
applicant shall provide the traffic plan to the City for review as
part of the construction permit submittal. Both parties shall
ensure that revisions are agreed upon and the final traffic plan
is approved by both the applicant and the City of Palo Alto
prior to the issuance of construction permits and the start of
construction activities.
Applicant or
designee/
Construction
contractor
Prior to
issuance of
construction
permits and
during
construction
City of Palo Alto
Planning
Department
TRIBAL CULTURAL RESOURCES
TCR-1 In the event that cultural resources of Native American origin are
identified during implementation of the proposed project, all earth-
disturbing work within 50 feet of the find shall be temporarily
suspended or redirected until an archaeologist and culturally affiliated
Native American representative have evaluated the nature and
significance of the find. If the City, in consultation with local Native
Americans, determines that the resource is a tribal cultural resource and
thus significant under CEQA, a mitigation plan shall be prepared and
implemented in accordance with state guidelines and in consultation
with local Native American group(s). The plan shall include avoidance of
Applicant or
designee/
Construction
contractor
During
construction
City of Palo Alto
Planning
Department
City of Palo Alto Mitigation Monitoring + Reporting Program P a g e | 11
Mitigation Measure
Number Mitigation Measure Text Responsible for
Implementation
Timing of
Compliance
Oversight of
Implementation
the resource or, if avoidance of the resource is infeasible, the plan shall
outline the appropriate treatment of the resource in coordination with
the culturally affiliated local Native American tribal representative and,
if applicable, a qualified archaeologist. Examples of appropriate
mitigation for tribal cultural resources include, but are not limited to,
protecting the cultural character and integrity of the resource,
protecting traditional use of the resource, protecting the confidentiality
of the resource, or heritage recovery. Regardless of the plan developed,
the City of Palo Alto shall maintain the confidentially of the resource.
Award in accordance with Proposal No. 2401-30 dated March 14,
2024 and Staff Report 2403-2713 approved on June 18, 2024.
PO NTE: $313,844.00
Upon notification of items shipping staff will advise the delivery address
for all items.
0010 Fiber Hut 276,510 USD 1.00 276,510.00
Purchase and delivery of Fiber Hut for Fiber to the Premise project.
- 11#-6"x20#x9# Shelter $204,375
Optional add on items:
- Generator 25kw diesel engine $43,335
- Inverter - (1) 4K 120VAC inverter N+1 $8,100
- DC Plant $20,700
500A Max Capacity 48VDC Plant configured for 300A N+1
100AH Lithium battery pack
Project Manager: Dave Yuan (650) 329-2522
Vendor Address
THERMO BOND BUILDINGS LLC
1001 W MAIN ST
ELK POINT SD 57025
Tel: 605-952-0070
Bill To:
Utilities Department
City of Palo Alto
250 Hamilton Avenue
Palo Alto CA 94301
Ship To:
Utilities Department
City of Palo Alto
250 Hamilton Avenue
Palo Alto CA 94301
Item Material/Description Quantity UM Net Price Net Amount
______________________________________
Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGESPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on
all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Tel:(650)329-2271 Fax:(650)329-2468
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number 4524000496
Date 06/03/2024
Vendor No.108224
Payment Terms Payment Due 30 days
FOB Point F.O.B. Palo Alto
Ship via Vendor to ship bestway
Required Date 11/18/2024
Buyer/Phone Renee Howard / 650-496-5900
Email renee.howard@cityofpaloalto.org
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Page 1 of 2
Email: dave.yuan@cityofpaloalto.org
TOTAl NTE: $313,844.00
0020 Shipping (Estimated) 21,999 USD 1.00 21,999.00
0030 Crane Off Loading (Estimated) 15,335 USD 1.00 15,335.00
-------------------------
Sub-Total 313,844.00
Sales Tax 25,231.54
*** ORDERING VIA EMAIL ***
**** PRICE HAS BEEN QUOTED ****
Vendor Address
THERMO BOND BUILDINGS LLC
1001 W MAIN ST
ELK POINT SD 57025
Tel: 605-952-0070
Bill To:
Utilities Department
City of Palo Alto
250 Hamilton Avenue
Palo Alto CA 94301
Ship To:
Utilities Department
City of Palo Alto
250 Hamilton Avenue
Palo Alto CA 94301
Item Material/Description Quantity UM Net Price Net Amount
______________________________________
Chief Procurement Officer
Total 339,075.54
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGESPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on
all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Tel:(650)329-2271 Fax:(650)329-2468
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number 4524000496
Date 06/03/2024
Vendor No.108224
Payment Terms Payment Due 30 days
FOB Point F.O.B. Palo Alto
Ship via Vendor to ship bestway
Required Date 11/18/2024
Buyer/Phone Renee Howard / 650-496-5900
Email renee.howard@cityofpaloalto.org
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Page 2 of 2
CITY OF PALO ALTO
GDS Rev. 06/22/2016
TERMS AND CONDITIONS OF PURCHASE
PAGE 1 OF 3
ACCEPTANCE/AGREEMENT: City of Palo Alto (City) reserves the right to reject any and all
quotations, to waive any informalities, and, unless otherwise specified by Seller, to accept
any item in a quotation. By accepting or filing this Purchase Order (P.O.), Seller agrees to the
terms and conditions herein which shall prevail over any inconsistent provision in any form or
other paper submitted by Seller. All shipments or services performed shall be deemed to have
been made pursuant hereto. No other terms are acceptable. This P.O., including all
specifications and drawings, shall constitute the entire agreement between the parties unless
modified in writing by City.
CITY'S PROPERTY: Seller agrees that the information, tools, jigs, dies, or materials, and
drawings, patterns, and specification supplied or paid for by City shall be and remain City
property and shall be held by Seller for City unless directed otherwise. Seller shall account for
such items and keep them protected, insured, and in good working conditions without
expense to City.
DELIVERY: The terms of delivery are as stated on the reverse side hereof. The obligation of
Seller to meet the delivery dates, specifications, and quantities set forth herein is of the
essence of this P.O. No boxing, packing, or cartage charge will be allowed unless authorized
by this P.O. Deliveries are to be made both in quantities and at times specified herein or, if
not, such quantities and times are specified pursuant to City's written instruction. Items not
delivered may be canceled without penalty to City. Shipments in greater or lesser quantity
that ordered may be returned at Seller's expense unless written authorization is issued by
City.
PRICES: The price which Seller charges in filling this P.O. shall not be higher than Seller's
most recent quote or charge to City for such materials, supplies, services and/or installations
unless City expressly agrees otherwise in writing. Notwithstanding the prices set forth the
P.O. City shall receive the benefit of any general reduction in the price of any item(s) listed
herein which may be made by Seller at any time prior to the last delivery of goods or services
covered by this P.O.
TERMINATION: City shall have the right to terminate this P.O. or any part thereof upon ten
(10) days notice in writing to Seller.
(1) Without Cause. City may terminate all or any part of this P.O. without cause. Any
claim by Seller for damages due to termination without cause must be submitted to City
within thirty (30) days after effective date of termination.
(2) For Cause. If Seller fails to make any delivery in accordance with the agreed delivery
date, delivery schedule, or otherwise fails to observe or comply with any of the other
instructions, terms, conditions or warranties applicable to this P.O., City may, in addition to
any other right or remedy provided by this P.O. or by law, terminate all or any part of this P.O.
in writing without any liability of City with respect to Seller at any time during the term of this
P.O. In the event of termination for cause, City may purchase supplies or services elsewhere
on such terms or in such manner as City may deem appropriate and Seller shall be liable to
City for any cost and other expenses incurred by City, which is charged to City.
CHANGES: City shall have the right at any time by written notice via P.O. Change Order to
Seller to make changes in the specifications, the quantity of items called for, delivery
schedules, and requirements covering testing, packaging, or destination. Any claim by Seller
for adjustment under this clause shall be deemed waived unless made in writing with then
(10) days after receipt by Seller of notice of such change. Price increases or extensions of
time for delivery shall not be binding on City unless evidenced by a P.O. Change Order issued
by City's Purchasing Manager.
INSPECTION: City shall have the right to inspect and approve or reject any materials,
supplies, services and/or installations upon arrival of notice of completion prior to payment
without regard to the manner of shipment, completion, or any shipping or price terms
contained in this P.O. All materials, supplies, services and/or installations must be furnished
as specified.
(1) Defective, damaged, and nonconforming materials and/or supplies may be returned
for credit or refund, at Seller's expense. City may charge Seller for all expenses of unpacking,
examining, repacking and reshipping of such materials and/or supplies.
(2) Defective, incorrect and nonconforming services and/or installations may be returned
for credit or refund, at Seller's expense. All of the above notwithstanding prior payment by
City.
WARRANTY: Seller expressly warrants that all materials, supplies, services and/or
installations covered by this P.O. shall:
(1) conform to the specifications, drawings, samples, or other descriptions specified by
City or if none are so specified, to Seller's standard specification or the standards of the
ASTM or ANSI or other national standard organizations;
(2) be new and unless specified to the contrary on the face hereof, will be free from
defects in material and workmanship and will be free of all liens and encumbrances and will
conform to any affirmation of facts made on the container or label;
(3) be adequately contained, packaged, marked, labeled and/or provided in compliance
with all applicable federal and state laws and regulations (including materials deemed
hazardous);
(4) be performed within the rules and regulations of the Occupational Safety and Health
Act of 1970 (as amended);
(5) be produced or transferred or disposed of as required by federal and state laws and
regulation under the conditions of the Toxic Substances Control Act; the Hazardous Materials
Control and Hazardous Waste Regulations; and other toxic laws and programs.
Seller further expressly agrees to protect, indemnify, and hold harmless City, its employees
and agents for any loss, damage, fine, liability, fee (including reasonable charges and fees) or
expense arising in connection with or resulting from Seller's failure to furnish materials or
supplies or perform services that conform with any warranty contained herein.
(6) have good marketable title.
GOVERNING LAW: This P.O. shall be governed by the laws of the State of California.
INDEPENDENT CONTRACTOR, INSURANCE: Seller certifies, by acceptance, that he/she is an
independent contractor. Seller shall protect, defend, and indemnify and hold City harmless
against all damages, liability, claims, losses and expenses (including attorney's fees) arising
out of , or resulting in any way from Seller's negligence in providing the goods or services
purchased hereunder or from any act or omission of Seller, its agents, employees, or
subcontractors, Seller shall maintain such public liability insurance, including contractual
liability, automobile and general public liability, (including non-owned automobile liability)
Worker's Compensation, and employer's liability insurance as well adequately protect City
against such damage, liabilities, claims, losses, and expenses (including attorney's fees).
Seller agrees to submit certificates of insurance, evidencing its insurance coverage when
requested by City.
EQUAL OPPORTUNITY CLAUSE: By acceptance of this P.O., Seller certifies it is in
compliance with the Equal Opportunity Clause required by Executive Order 11246, as
amended, and the Palo Alto Municipal Code, as amended, including Affirmative Action
Compliance Programs for Veterans; Handicapped; and Minority Business, and other equal
opportunity programs.
FORCE MAJEURE: City may delay delivery or acceptance occasioned by causes beyond its
control. Seller shall hold such materials, supplies, services and or installations at the direction
of City and shall deliver them when the cause affecting the delay has been removed. City
shall be responsible only for Seller's direct additional costs in holding the goods or delaying
performance of this P.O. and City's request. Seller shall also be excused if delivery is delayed
by unforeseen events beyond its reasonable control, provided Seller notifies City as soon as
they occur. City may cancel this P.O. if such delay exceeds thirty (30) days from the original
delivery date. Seller shall use its best efforts to grant preference to this P.O. over those of
other customers, which were placed after this P.O.
AUTHORITY OF AGENT OR FACTOR: Seller represents that, whenever it executes this P.O.
on behalf of a third party as an agent or factor, it shall disclose the existence of the agency or
factor relationship to City. Seller shall be deemed to have the legal authority to enter into this
P.O. with City on behalf of the third party.
INTERPRETATION OF CONTRACT DOCUMENTS: In the event of a conflict between the
terms of this P.O. and the attached specification with respect to any obligation of Seller, the
provision which impose the greater obligations upon Seller shall prevail.
CITY OF PALO ALTO
GDS Rev. 06/22/2016
TERMS AND CONDITIONS OF PURCHASE
PAGE 2 OF 3
ENVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS: Seller agrees to comply
with the City's Environmentally Preferred Purchasing Requirements.
(1) Hazardous Waste:
Seller shall take-back all spent or otherwise discarded hazardous products sold to the City by
the Seller if the spent or discarded products are classified as hazardous or universal wastes by
State or Federal regulations. Seller shall provide convenient collection and recycling services
(or disposal services if recycling technology is unavailable) for all universal wastes, which
originate from the Vendor. Hazardous waste manifests or bills of lading must be provided to
City staff upon request. Recycling and reuse of hazardous wastes must occur within the
United States. Universal waste lists and information are available
www.dtsc.ca.gov/HazardousWaste/UniversalWaste/. A hazardous waste list is available at
http://www.calrecycle.ca.gov/LEA/Training/wasteclass/yep.htm. Additional information can
be obtained by contacting the City of Palo Alto Hazardous Waste Department at (650)
496-6980.
(2) Zero Waste and Pollution Prevention:
Per Palo Alto City Council policy, the City is targeting to achieve Zero Waste by 2021. The
City must also meet Municipal Regional Stormwater Permit requirements requiring no visible
impact from litter via stormdrains by 2022. To that end the vendor, manufacturer and or
contractor must individually or collaboratively comply with the waste reduction, reuse and
recycling requirements of the City's Zero Waste and Pollution Prevention Programs. Seller
acknowledges and agrees that if Seller fails to fully and satisfactorily comply with these
requirements, the City will suffer, as a result of Seller's failure, substantial damages which
are both extremely difficult and impracticable to ascertain. Therefore, the Seller agrees that in
addition to all other damages to which the City may be entitled, in the event Seller fails to
comply with the below requirements Seller shall pay City as liquidated damages the amounts
specified below. The liquidated damage amount is not a penalty but considered to be a
reasonable estimate of the amount of damages City will suffer as a result of such
non-compliance.
Sellers shall adhere to the standard that all printed materials provided to the City that are
generated from a personal computer and printer including, proposals, quotes, invoices,
reports, and public education materials shall be double-sided, printed on a minimum of 30%
post-consumer content paper or greater unless otherwise approved by the City's
Environmental Services Division (650) 329-2117. Materials printed by a professional printing
company shall be a minimum of 30% post-consumer material or greater and printed with
vegetable based inks. Liquidated damages of $30 per document will be assessed by City for
failure to adhere to this requirement.
All paper packaging must be Forest Stewardship Council (FSC) Certified.
All primary, secondary and shipping (tertiary) packaging be minimized to the maximum
extent feasible while protecting the product being shipped.
All primary, secondary and shipping packaging shall be recyclable in the City's recycling
program. A complete list of items accepted for recycling are found at
www.zerowastepaloalto.org or by calling (650) 496-5910. If any portion is received that
does not meet this requirement, liquidated damages of $235 or a minimum of $50 if the
combined product and shipping cost is $235 or less will be assessed by City for failure to
adhere to this requirement.
Expanded foam plastics (e.g., foam or cushion blocks, trays, packing 'peanuts'), such as
but not limited to polystyrene (aka Styrofoam[tm]), polypropylene, or polyurethane shall not
be used as primary, secondary or tertiary/shipping packaging with the following exceptions:
o Primary packaging made from these materials may be used if the vendor,
manufacturer, contractor individually or collaboratively does one of the following:
(a) takes the material back at the City's convenience and at no cost to the City, or
(b) pays the City of Palo Alto's disposal costs via payment of liquidated damages of
$235, or a minimum of $50 if the combined product and shipping cost is $235 or less.
o Bioplastics that meet ASTM D6400 standards for compostability may be accepted
with approval from the City's Environmental Services Division subject to local municipal
compost facility requirements.
o If approved by the City's Environmental Services Division, a packaging requirement
may be waived if no other viable packaging alternative exists.
Reusable/returnable pallets shall be used and taken back by the Seller, at no additional
cost to the City. Seller shall provide documentation upon request ensuring reuse of pallets
and/or recycling of broken pallets. Liquidated damages of $262 or a minimum of $50 if the
combined product and shipping cost is $262 or less will be assessed by City for failure to
adhere to this requirement.
(3) Energy and Water Efficiency:
Seller shall provide products with an ENERGY STAR, Water Sense or State of California
standard rating, whichever is more efficient, when ratings exist for those products. A life
cycle cost analysis shall be provided to the City upon request and shall at minimum include:
first cost, operating costs, maintenance costs, and disposal costs.
Contacts for additional information about City of Palo Alto Hazardous Waste, Zero Waste and
Utilities programs:
Hazardous Waste Program (Public Works)
(650) 496-6980
Zero Waste Program (Public Works)
(650) 496-5910
Watershed Protection
(650) 329-2117
Energy Efficiency
(650) 496-2244
(4) Liquidated Damages:
Seller agrees that failure to comply with the City's Environmentally Preferred Purchasing
Requirements will result in Liquidated Damages, according to the table marked Liquidated
Damages on page 3 of this P.O.
Event of Non-Performance
Recycled Paper Use
Failure to use 30% recycled content paper
Recyclable Packaging Materials
Failure of Seller to use secondary and shipping packaging that is recyclable in
the City's recycling program.
Expanded Foam Plastics
Unapproved use of expanded foam plastics for secondary or shipping
packaging
Pallet Use
Failure of Seller to take-back and reuse pallets, recycling only broken pallets,
at no additional cost to the City.
Acceptable Performance Level
(Allowed events per Fiscal Year)
1
1
0
1
Liquidated Damage Amount
$30 per each document
$235 or a minimum of $50 if the combined product
and shipping cost is $250 or less will be incurred if
this is not adhered to.
$235 or a minimum of $50 if the combined product
and shipping cost is $235 or less
$262 or a minimum of $50 if the combined product
and shipping cost is $2 or less
CITY OF PALO ALTO
GDS Rev. 06/22/2016
TERMS AND CONDITIONS OF PURCHASE
NONCOMPLIANCE WITH ENVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS, LIQUIDATED DAMAGES:
The following table lists the events that constitute breaches of the Agreement's standard of performance warranting the imposition of liquidated damages; the acceptable performance level, and
the amount of liquidated damages for failure to meet the contractually required standards of performance.
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